THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 
GIFT  OF 


Thoraas  M.   Storke 


u  ai i-fcrr  /y  ^' 


GENERAL    LAWS 


CALirOBNIA 


AS   AMENDED   AND   IN   FORCE   AT   THE    CLOSE   OF 

THE   THIRTY-SIXTH   SESSION   OF   THE 

LEGISLATURE,  1905 


IN    OlSTE    VOLUME 


FULLY  ANNOTATED   BY 

W.    F.    HENNING 


SAN    FRANCISCO 
BENDER-CHAQUETTE     COMPANY 

LAW-BOOK  PUBLISHERS  AND  SELLERS 
19   0   5 


Copyright  by 

Bendek-Chaquette  Co, 

1905. 


FOTlEWOItD. 

The  object  of  the  following  work  is  to  present  all  of  the  general  laws  of  the 
state  of  California,  which  are  now  in  force,  in  a  single  volume,  and  in  as 
complete  a  form  as  possible.  With  the  purpose  of  rendering  the  compilation 
as  convenient  as  practicable  in  use,  the  cyclopedic  or  alphabetical  arrangement 
has  been  adopted,  and  no  pains  have  been  spared  to  make  the  whole  as  com- 
plete as  possible,  alike  in  statutes,  their  histories,  and  references  to  the  cases 
decided  in  which  a  statute  is  involved.  For  the  convenience  of  those  who 
may  desire  to  trace  any  particular  statute  from  its  inception  to  its  present 
form,  in  each  case  the  volume  and  page  of  the  session  laws  where  the  original 
enactment  appears  is  given,  as  well  as  the  volume  and  the  page  of  each  and 
every  amendment  or  revision  thereof. 

The  general  laws  are  found  in  thirty-six  volumes  of  session  laws,  with  many 
conflicting  provisions ;  which  volumes  contain  also  an  innumerable  mass  of 
conflicting  special  legislation.  "With  special  legislation,  nothing  has  been  at- 
tempted; it  is  only  the  general  laws  in  force  that  have  been  collated.  Many 
general  laws  have  been  codified  and  carried  into  the  appropriate  codes,  and 
where  this  has  been  done  the  fact  is  noted  and  reference  made  to  the  appro- 
priate section  of  the  particular  code  into  which  the  statute,  or  part  of  the 
statute,  has  been  carried. 

In  the  various  conflicting  enactments,  amendments,  revisions,  and  repeals, 
it  is  sometimes  a  difficult  matter  to  decide  just  what  acts,  or  parts  of  acts, 
are  still  in  force,  and  it  will  require  a  decision  of  the  supreme  court  to  finally 
settle  the  question.  We  do  not  claim  to  be  able  to  judicially  determine  whether 
certain  laws  are  "in  force."  It  is  possible  that  the  courts  may  in  some  de- 
cisions declare  that  there  is  some  vitality  existing  in  a  statute  that  has  been 
omitted  from  this  volume  as  "superseded"  or  repealed;  but  our  effort  has  been 
to  err,  if  at  all,  by  inserting  statutes  where  there  is  doubt  as  to  their  vitality, 
rather  than  by  omitting  them. 

There  are  many  subjects  of  legislation  having  a  history,  and  we  have 
endeavored  to  give  such  history  by  reference,  in  the  notes,  to  past  legislation 
on  such  subjects.  On  the  subject  of  corporations,  the  notes  embrace  upwards 
of  seventy  statutes  enacted  from  1850  to  the  adoption  of  the  codes.  The  sub- 
jects of  Roads  and  Highways  and  Municipal  Government  are  exhaustively 
annotated,  and  all  other  subjects  are  treated  with  thoroughness;  so  that  it  is 
believed  the  busy  lawyer,  the  student,  the  professor,  and  the  judge, — in  fact, 
every  one  having  occasion  to  consult  the  laws  of  this  state, — will  here  find 
ready  the  laws  as  they  are  to-day,  with  references  to  the  decisions  construing 

(Mi) 


FOREWORD. 


iv 

them,  and  to  the  history  of  the  legislation  on  the  subjects  they  would  inquire 

into. 

A  table  of  statutes,  from  1872  to  1905,  which  have  been  held  unconstitu- 
tional, or  otherwise  void,  or  repealed,  in  decisions  of  the  supreme  court  of 
this  state,  together  with  references  to  the  decisions,  from  volume  45  to  volume 
145,  inclusive,  of  the  California  Reports,  is  given  for  convenience  of  ready 

reference. 

Pacific  Reporter  citations,  as  well  as  duplicate  references  to  the  American 
Decisions,  American  Reports,  American  State  Reports,  and  the  Lawyers'  Re- 
ports Annotated,  are  given. 

Numerous  references  are  made  to  the  notes  or  annotations  in  the  Trinity 
Series  and  the  Lawyers'  Reports  Annotated,  wherein  will  be  found  valuable 
discussions  on  the  points  to  which  the  references  are  made.  No  pains  have 
been  spared  to  make  the  work  as  complete  and  serviceable  to  the  bench  and 
bar  as  it  is  practicable  to  make  it.  In  the  matter  of  annotation  it  has  not 
been  sought  to  abstract  the  point  decided  or  to  give  the  reasoning  of  the  court 
in  arriving  at  its  conclusion ;  the  author  has  been  contented  with  merely  refer- 
ring to  the  case  and  the  page  where  the  discussion  will  be  found.  The  occa- 
sional departing  from  this  rule  is  confined  to  a  few  instances  only,  in  which 
the  decision  referred  to  is  likely  not  to  be  found  upon  the  shelves  of  the 
library  of  many  lawyers. 

The  publication  of  this  series,  presenting  the_  codes  and  statute  laws  of  Cali- 
fornia as  they  are  to-day,  is  not  a  spasmodic  effort  on  the  part  of  the  publishers. 
A  staff  of  trained  writers  and  annotators  has  for  some  time  been  engaged  in 
this  work,  and  will  be  retained ;  so  that  not  only  the  laws  of  California,  as  now 
presented,  will  be  kept  up  to  date  in  a  convenient  and  inexpensive  form  in 
the  future,  but  other  valuable  publications  on  various  subjects  in  the  different 
departments  of  the  law  will  be  put  forth  from  time  to  time,  in  keeping  with 
the  public  demand  therefor.  -r;^    p    tjENNING 

August  11,  1905. 


COIS^TEIS^TS. 


INTRODUCTORY     MATTERS. 

Declaration  of  Independence,   xiii. 

Constitution  of  the  United  States,  xvi. 

Amendments  to  tlie  constitution  of  the  Uni- 
ted States,  xxiv. 

Treaty  of  Guadalupe  Hidalgo,  xxviii. 

Articles   referred    to    in    fifteenth   article    of 
above  treaty,   xxxix. 

Proclamation   to   the  people   of  California — 
in   three  parts,   xli. 

Order  forty-one,  xlvi. 

Constitution   of  California — 1849,  xlvi. 

Act  of  admission,  Ixiv. 

Constitution  of  California — 1879,  Ixv. 

Naturalization  laws,  cix. 

Citizenship  of  Indians  on  accepting  al- 
lotment, etc. 
Indian  women  marrying  white  men  be- 
come citizens. 

Authentication   of  public   acts,   records,   etc., 
cxili. 

Table  of  unconstitutional  statutes,  cxiv. 

GENERAL     LAWS     OF     CALIFORNIA. 

Accountancy,   1. 
Accounts,  saloon,   2. 
Acknowledgments,  3. 
Adoption,   4. 

Adulteration,  of  foods,  etc.,  4. 
Adultery,  punishment  for,  4. 
Agricultural  districts,  4. 
Agricultural  societies,  state,  10. 
Agricultural,  cereal  crops,  9. 
Alameda  County,  additional  judge,  13. 
Aliens,  public  service,   13. 
Alturas,  town  of,  14. 
Animals,  administering  drugs  to,  14. 
contagious  diseases,   15. 
cruelty  to,  16. 

bristle  bur,   21. 
dogs,  21. 
estray,   21. 
hides,  24. 

live-stock  sales,  24. 
sheep,  26. 

state  veterinarian,  30. 
wild,  32. 
Antwerp  messenger  pigeons,   32. 
Apiaries,  bee  culture,  32. 
Appeals,  34. 

Apprentices  and  masters,  35. 
Appropriation  bill,  support  of  state,  35. 
Arbitration,  state  board  of,  50. 
Architecture,  51. 
Artesian   wells,   55. 
Art  galleries,   libraries,   etc.,   56. 
Asiatics,  59. 

Associated  veterans  of  Mexican  war,  59. 
Attorney-general,  library  for,  60. 
Attorneys'  fees,  foreclosure,   60. 
Badges,  61. 
Ballot  machines,  61. 
Banks  and  banking,  65. 

dissolution  of  savings  banks,  73. 
interest,   73. 
Benicia,  city  of,  74. 


(V) 


Bicycles,  tricycles,  etc.,  license,  75. 
Big  tree  groves,  77. 

Tosemite,    77. 
Blindness  in  infants,  78. 
Blue  book,  state,  79. 
Blue  cranes,  79. 

Bonds,  county  and  state  officers,  SO. 
guardians  and  trustees,  80. 
required  by  law,  80. 
Booms,  franchises  for,  80. 
Bridges,  81. 

across  navigable  streams,  82. 
Building  and  loan  commissioners,   S3. 
Buoys  and  beacons,  89. 
Burial  and  disinterment  permits,  90. 
Butter,  deception  In,  98. 

weight  of  package,  96,  97. 
California  polytechnic  schools,  99. 
California    state    agricultural    society,     101, 
103. 
appropriation  for,  100. 
California  volunteers,  104. 
Candidates  for  office,  pledging,  104. 
Cemeteries,  105. 

cremation,  109. 
disinterment,  110. 
rural,  105. 
Chamber  of  commerce,  110. 
Charities  and   corporations,   state   board   of, 

111. 
Chattel  mortgages,  interest,  113. 
Cheese,  114. 

Children,  abandoned  and  delinquent,  115. 
cruelty  to,  132. 
educational  rights  of,  125. 
feeble-minded,  132. 
hours   of  labor  of,   122. 
orphans.   133. 

orphaned  and  abandoned,   133. 
selling,   etc.,   133. 
selling  liquors   to,   132. 
wrongs  to,  133. 
Clear  Lake,  Lake  County,  134. 
Coal  mine,  134. 
Code  Commission,  135. 
Collateral   inheritance  tax,   138. 
Colleges,  land  donations,  148. 
Colton  Hall.  Monterey,  151. 
Commissioner  of  transportation,  152. 

extortions,    discriminations,    forfeitures, 

and  penalties,  152. 
police  regulations,  154. 
Congressional  districts,   156. 
Constitution  of  California  of  1879,  157. 
provision  for  convention,  157. 
provision  for  submission  to  people,  162, 
note. 
Controller  of  state,  expert  for,  162. 
Conveyances,   162. 
Convicts,  bureau  of  identification,  163. 

identification  of,  165. 
Corporations,  as  executor,  etc.,  169. 
cooperative,  165. 
county  fire  insurance,  165. 
foreign,  174. 
history  of  acts,  165,  note. 


vl 


CONTENTS. 


and  salaries, 


Corporations — Continued. 

life,  accident,  and  insurance,  179. 

loans  upon  chattels,  175. 

mutual  benefit,   178. 

mutual  life,  179. 

reports  of,  184. 

special  enactments,   175. 

wages  of  employees,  186. 
Costs  in  civil  actions,  187. 
Counties,  claims  of,  187. 

new,  funds  of,  187. 
process  in,  188. 

fifth  class,   officers,   duties, 
245. 

sixth  class,  officers,  duties,  and  salaries, 
249. 

seventli  class,  officers,   duties,  and   sala- 
ries, 251. 

eighth    class,    officers,    duties,    and    sal- 
aries, 254. 

ninth  class,  officers,  duties,  and  salaries, 
256. 

tenth  class,  officers,  duties,  and  salaries, 
258. 

eleventh   class,   officers,   duties   and   sal- 
aries,  261. 

twelfth    class,    officers,    duties    and    sal- 
aries, 265. 

thirteenth  class,  officers,  duties  and  sal- 
aries,  266. 

fourteenth  class,  officers,  duties  and  sal- 
aries, 269. 

fifteenth  class,   officers,   duties   and   sal- 
aries, 270. 

sixteenth  class,  officers,  duties  and  sal- 
aries, 271. 

seventeenth    class,    officers, 
salaries,  273. 

eighteenth    class,     officers, 
salaries,   275. 

nineteenth    class,     officers, 
salaries,    277. 

twentieth     class,     officers, 
salaries,    280. 

twenty-first    class,    officers, 
salaries,   282. 

twenty-second  class,  officers,  duties  and 
salaries,    284. 

twenty-third   class,    officers,    duties   and 
salaries,    288. 

twenty-fourth  class,  officers,  duties  and 
salaries,    289. 

twenty-fifth    class,    officers,    duties    and 
salaries.   290. 

twenty-sixth   class,    officers,    duties   and 
salaries,    290. 

twenty-seventh     class,     officers,     duties 
and   salaries,   293. 

twenty-eighth  class,  officers,  duties  and 
salaries,  294. 

twenty-ninth    class,    officers,   duties   and 
salaries,    296. 

thirtieth   class,   officers,   duties   and   sal- 
aries,   297. 

thirty-first    class,     officers,     duties    and 
salaries,    299. 

thirty-second   class,   officers,    duties   and 

salaries,   301. 
thirty-third    class,    officers,    duties    and 

salaries,    303. 
thirty-fourth    class,    officers,    duties   and 
salaries,   305. 


duties 

and 

duties 

arid 

duties 

and 

duties 

and 

duties 

and 

thirty-fifth    class,     officers,    duties    and 

salaries,    307. 
thirty-sixth    class,    officers,    duties    and 

salaries,    308. 
thirty-seventh  class,  officers,  duties  and 

salaries,    309. 
thirty-eighth   class,    officers,    duties  and 

salaries,    310. 
thirty-ninth    class,    officers,    duties    and 

salaries,   313. 
fortieth    class,    officers,    duties   and   sal- 
aries, 314. 
forty-first  class,  officers,  duties  and  sal- 
aries,   316. 
forty-second    class,    officers,    duties    and 

salaries,   317. 
forty-tliird     class,     officers,     duties     and 

salaries,    319. 
forty-fourth    class,    officers,    duties    and 

salaries,   320. 
forty-fifth  class,  officers,  duties  and  sal- 
aries,  321. 
forty-sixth    class,     officers,     duties    and 

salaries,  322. 
forty-seventh   class,   officers,   duties  and 

salaries,    322. 
forty-eighth    class,    officers,    duties    and 

salaries,    324. 
forty-ninth    class,     officers,    duties    and 

salaries,    325. 
fiftieth    class,    officers,    duties    and    sal- 
aries, 326. 
fifty-first  class,  officers,  duties  and  sal- 
aries,  326. 
fifty-second    class,    officers,    duties    and 

salaries,   328. 
fifty-third  class,  officers,  duties  and  sal- 
aries,  328. 
fifty-fourth    class,    officers,    duties    and 

salaries,    329. 
fifty-fifth  class,  officers,  duties  and  sal- 
aries,  330. 
fifty-sixth  class,  officers,  duties  and  sal- 
aries, 331. 
fifty-seventh    class,    officers,    duties    and 
salaries,    332. 
County,   boundaries   of,   188. 
bonds,  186. 
clerk,   duties   of,   189. 
exhibits,  189. 
County  Government  Act,   189. 
County  seats,  342. 
Courts,  records  of,  341. 
superior,   343. 

secretary,   343. 
Cranes,  killing  of,   343. 
Crescent  City  water  front,  344. 
Criminal  causes,   cost  on   removal,   344. 
Dairies,   inspection  of,   344. 
Dairy  products,  regulation  of,  347. 
Day  of  rest,   351. 
Deaf,  dumb  and  blind,   352. 

gifts  to,   358. 
Debris   commissioner,   appointment.    358. 
appropriation   for,   361. 
title  to  lands,  360. 
Dentistry,   361. 
District  attorney,  369. 
Dogs,  sheep  killing,  369. 
Drainage,  act  to  promote,   370. 
construction    fund.    372. 
fund  of  District  No.   1,  373. 


CONTENTS. 


Til 


Drainage — Continued. 

fund  of  District  No.   5  and   other  funds, 

373. 
land  other  than  swamp  lands,   390. 
Sacramento   district,    374. 
swamp   lands,    414. 
Drug-  stores.  Ijours  of  work,  417. 

validity  and  constitutionality  of  statute, 
418,   note. 
Eel  River,  protection  of  banks  of,  420. 
Elections,    special.    421. 

purity  of,  421. 
Emigration,    437. 
Employers   and    employees,    438. 
Employment   agents,    438. 
Estates  of  deceased  persons,  440. 
Estray   animals,    441. 
Explosives,   441. 

Ex-Union   soldiers  and   sailors — peddler's   li- 
cense,  443. 
Factories   and   workshops,    444. 
False   Bay,    San   Diego,    445. 
Feather  River  bridge,    446. 
Pees,  city  justices'  or  recorders',  446. 

San  Francisco,    446. 
Fees  and   commissions,   state,   447. 
Fees    of   officers,    county   and    township,    447. 
Fences,   division   in   cities,    453. 

hunting  within  on  inclosed  lands,  454. 
lawful,  455,  note, 
leaving   open.    455. 
Ferries,    navigable   streams,    455. 
Ferry  depot,   San  Francisco,   456. 
Fertilizer,    commercial,    materials    used    for, 

regulation,    459. 
Fire,  contiguous  owner,  462. 

corporations  for  prevention  of,  462,  notei. 
on  public  lands,   462. 
Fire  department,  in  towns,  463. 

vacation,   466. 
Firemen,   paid   department,   466,   note, 
pensions,   466. 

relief,   insurance  and  pensions,   467. 
Fish  and  game,  in  American  river,  471. 
in  Battle  Creek,  471. 
in  Bigler  Lake,  471. 
in   Eel  River,   472. 
fishways,    473. 
game    birds,    474. 
gasolene  launch,  475. 
Lake   Merritt.    475. 
license.    476. 
Pit  River,   477. 
salmon  hatchery,  478. 
Sissons,    478. 
steam  launch,  474. 
trials,    479. 
warden,   479. 
Flag,  of  the  United  States.  481. 
Foreign   miner's  license.   481.       * 
Forest  reservations,   482. 
Forestry,   state  board  of,    482. 
Franchises,  bicycles,  etc..   491. 
county   and   municipal,    488. 
granting   by   board    of   supervisors,.  487. 
roads   beyond  city  limits,   491, 
Fresno  County,  judges  of,  492. 

reduction  of  judges,   493. 
Fruits,  marks,  and  brands  of,  493. 
Funds,  county  transfer  of,  494. 
Gas  companies,  494. 


Gas,   consumer   of,    495. 

Gifts,  bequests,  etc.,  to  municipalities,  495. 

to  public  use,  496. 
Glenn  County,  boundaries  of,  500. 

creation   of,   496. 
Goats,   500. 

Golden   City   Homestead   Association,    500. 
Good   Templars,    501. 
*Governor,   residence  of,   501. 

robbery,  rewards  offered,   501. 
Governor,   stenographer   for,    501. 
Grand  Army  of  Republic,  badge  of,  502. 
Guide-posts,   in  deserts,  502. 
Hair   cutting,   in   prisons,    503. 
Health,  in  plumbing,  504. 

preventing    introduction    of    contagious 
^  diseases,  506. 

protection  of  public,  505. 

public,  investigation  and  suppression  of 

contagious  diseases,  507. 
public,  vaccination,  508. 
High  schools,  boards,  509. 
districts.    509. 
establishment     in     incorporated     cities, 

509. 
fund  of,  509. 
Historic   property,   acquisition  of,   512. 
Holidays,   513. 
Homestead,   alienation  and   encumbrance  of, 

514. 
Homestead   corporations,    514. 
Honey,  adulteration  of,  514. 
Hops,  515. 

Horticulture,    beneficial    insects,    515. 
county  boards,  515. 
protection   of,    518. 
state    board    of,    519. 
Hospitals,   maternity,   524. 
House  of  correction,   525. 
Humboldt  Bay,  525. 

breakwater  of,  526. 
grant  to  the  United  States,   525. 
purchase  for  the  state  of  certain  lands 
in,   526. 
Humboldt  County,  additional  judge  for,  528. 
Hunting,   on   private  property,    528. 
Index  and  laws  of  California,  529. 
Indians,    529. 
Indigent  persons,    529. 
Insolvency,   relative  to,   535. 

I.  General   subject   of  act,    535. 

II.  Voluntary   insolvency,   535. 

III.  Involuntary    insolvency,    537. 

IV.  Assignees,    541. 

V.  Partnerships   and   corporations,    546. 
VL     Proof  of  debts.   547. 

VII.  Discharge,    550. 

VIII.  Fraudulent  references  and  trans- 

fers,   552. 

IX.  P^nal    clauses,    553. 

X.  Miscellaneous,    provisions,    553. 
Insolvency  of  corporations,   555,  note. 
Insurance,    foreign   companies,    557. 

state.    557. 
Interpreters   for   grand   juries,   557. 
Intoxicating  liquors,   near  College  City,   557. 
sale  of  in  Mendocino  hospital  prohibited, 

558. 
sale  of  in  vicinity  of  soldiers'  home  pro- 

hited.    559. 
sale  of  on  election  days,  558. 


CONTENTS. 


■te*.*  • '■"■■•-'■''"•"'- 

Intoxicating  liquors — Continued. 

sale  of  to  person  addicted  to  using,  pro- 
hibited,  55S. 
Irrigation    districts,    559. 

contracts   of,   589.  ^ 

dissolution  of,  590. 
funding   bonds    of,    593. 

Los  Nietos  district,  596.  • 

Irrigation  'water  companies,  601. 
Judges  of  the  plains,   604. 
Juror,  fees  of,  606. 
Justices'  courts,  jurisdiction  of,  606. 
Jute  goods,   606. 
Kern  County,  607. 
Kings  County,  creation  of.  608. 
Klamath  County,  612. 
Labels,     on     produced     and     manufactured 

goods,  612. 
Labor,  contracts,  612. 

report   of   commissioner,    616. 
statistics,   613. 
wages   and   salaries,    616. 
Lake   Bigler,    616. 
Lake  Tahoe,  wagon  road,   617. 
Lakes,  lowering  level  of,  619. 
Land  claims,  Spanish,   619. 
Land  surveyors,   licensed,    660. 
Lands.     See  tit.  Lands  of  State, 
forfeiture  to  state,  623. 
government  corners,   623. 
possessory  action  for,  625. 
public,  protection  of,   627. 

settlers  on,   628. 
swamp  and  overflow,  630. 
swamp-land  district  funds,  630. 
Lands   of   state. 

beach  and  water  lots,  658. 
ceding  to  United  States,  620,  621. 
certificates  of,  621. 
commissioners  of  tide  lands,  622. 
distribution   of   funds   arising  from  sale 

of,   629. 
examination  of,  623. 
legalizing  application  for,   624. 
management  and  sale  of,  633. 

I.     General    powers    and    duties    of 
officers,    633. 

Swamp      and     overflow     lands, 
salt-marsh   and   tide   lands,   639. 
School  lands,  646. 
Miscellaneous     provisions     re- 
garding, 650. 
relief  of  purchasers,  624. 

by   redeeming,    658. 
relinquishing,    659. 
Rocklin,   659. 
school  warrants,  631. 
sixteenth  and  thirty-sixth  sections,  656, 

657. 
swamp  lands,  protection  of  settlers  on, 

629. 
uncovered  lakes,  etc.,  631. 
Larceny  of  real  property,   663. 

from  mines,   663. 
Legal  tender,  currency  notes,  666. 
Legislature  of  California,  667. 
assembly    districts,    670. 
senatorial  districts,   667. 
Leland  Stanford  Junior  University,  678,  679. 
Levee  districts,  679. 

indebtedness  of,   685. 


II. 


III. 

rv. 


Levees,   Sacramento   county,   684. 

Lewis  and  Clarke  exposition,  appropriation 

for,    687,    688. 
Libel  and  slander,   688. 

Libraries,    establishment    of,    law    libraries, 
663. 
public  libraries,  689. 
License  tax,   ferry  and  bridge,   694. 
itinerant   vendors,    694. 
on  bicycles,   etc.,   692. 
on  raising,  etc.,  sheep,  695. 
Liens,  agistors,   laborers,   loggers,   etc.,    695. 
Lodging-houses,  cubic  air  for,  696. 
Lodi,    697. 

Logging  camps,  lunch  hours  for,  697. 
Logs,   lumber,   injury  to,   703. 
scale  for  measuring,  697. 
Los  Angeles  County,  additional  judges  for, 
704. 
judges  for,  705. 
Mad  River,  705. 
Madera  County,  706. 
Marin  County,  state  prison,  710. 
Married  women,  earnings  of,  711. 
Marshall's  monument,  711. 
Merced  County,  719. 
Military  academies   or   colleges,    720. 
Mineral  cabinet,   720,  721. 

lands,  721. 
Miner's  inch,  722. 
Mining,  bell  signals,  722. 
partnership,  723. 
protection  of  workmen,  724. 
rights   of  way,   etc.,   724. 
stockholders,  725. 
Mining  claims,   abandoned,   726. 

recording,  727. 
Missing  persons,    727. 
Mocking  birds,    728. 
Modoc  County,   729,  733. 
Monterey  city,   734.  ' 

Monterey  County,  735. 
Monterey  custom  house,  736. 
Motor   vehicles,   registration   of,   737. 
Municipal    corporations.     See    tit.    Corpora- 
tions, 
assembly  halls,  916. 
bonds,    918. 

boundaries,   919,   922,   924. 
building,    926. 
cemeteries,  915. 
census,  915. 
classification  of,   743. 
disincorporation,   929. 
fiscal  year,  931. 
freehold   elections,   931. 
gifts  by,  933. 
gravel  beds,   934. 

Improvement  act  of  1901,  streets,  942. 
improvement  bonds,   938. 
improvement  tax,   940. 
Improvements,   934. 
indebtedness  of,  951. 
judges,    952. 

judgments  against,  953. 
light,   953. 
maps,  958. 
ordinance,   959. 

organization  and  government  of,  744. 
over  10.000,  courts  in,  928. 
park   tax,    967. 
parks,  961,  963,   966,  967. 


CONTENTS. 


Municipal  corporations — Continued, 
parks  and  boulevards,  960. 
protection  from  overflow,  968. 
reorganization,    970. 
sewer  districts,   971. 
sixth  class,    disincorporation,   989. 

election  of  officers,    972. 

validation  of  organization,  974. 
special   improvement   tax,   941. 
taxation,  975,  976. 
trees,    planting-    and    maintaining,    etc 

979. 
validate,   983,   984,  985. 
water,   987,   989. 
water  supply,  985. 
of  the  first  class,  749. 

I.  General  powers  of,  749. 

II.  Provisions    relating   to    officers, 
750. 

III.  Legislative    department,    754. 

IV.  Executive  departments,  783. 

V.  Judicial  departments,  810. 

VI.  Educational  department,  818. 
of  the  second  class,  824. 

I.  General  powers,  824. 

II.  General    provisions    relating    to 
officers,    825. 

III.  Legislative   department,    826. 

IV.  Executive   department,    836. 

V.  Judicial    department,    838. 

VI.  Educational  department,  840. 
of  the  third   class,   845. 

I.  General   powers,   845. 

II.  General    provisions    relating    to 
officers,    845. 

III.  Legislative   department,    847. 

IV.  Executive   department,   854. 

V.  Judicial  department,  855. 

VI.  School    department,    855. 

VII.  Miscellaneous   provisions,    857. 
of  the  fourth  class,   858. 

I.  General  powers.  858. 

II.  General    provisions    relating    to 
officers,    858. 

III.  Legislative   department,    861. 

IV.  Taxation,    868. 

V.  Executive  department,  873. 
VJ.  Judicial  department,  875. 
VII.      School  department,  879. 

of  the  fifth  class,   882. 

I.  General  powers,   882. 

II.  General    provisions    relating    to 
officers,   882. 

III.  Legislative  department,  884. 

IV.  Executive    department,    892. 

V.  School  department,   894. 

VI.  Judicial  department,   897. 

VII.  Miscellaneous   provisions,    898. 
of  the  sixth  class,   899. 

I.  General  powers,  899. 

II.  General    provisions    relating    to 
officers,   899. 

III.  Legislative  department,  901. 

IV.  Executive   department,    907. 

V.  Judicial   department,   909. 

VI.  Miscellaneous    provisions,    910. 
See   tit.   Sixth  Class,   herein. 

Napa  County,  boundaries,  992. 

court-house,   992. 

records,   992,   993. 
Napa  state  hospital,  additional  land,  993. 


National  Guard  of  California,   994,   996,   997. 
naval  battalion,  997. 
to  organize,  995. 
Navigation,   lighthouse   sites,   999. 
Normal  schools,  Los  Angeles,  999. 
northern  California,   1000. 
San  Diego,  1001. 
San   Francisco,    1002. 
San  Jose,  1002,   1006. 
North   San   Francisco   Homestead  and   Rail- 
road Association,  lands  of,  1007. 
Notary  public,   of  Goat  island,   1008. 
Nurses,  education    and    registration,    1008. 
Oakland,   city  of.    1010. 

harbor  of,  1010. 
Office,  eligibility  to,   1011. 

removal   from,   1012. 
Officers,    intoxication,    1013. 

state,   1013. 
Oil  land,  injury  of  by  water,  1013. 
Olive   oil,   imitation,   sale  of  regulated,  1014 
'Optometry,    1016. 
Orange    County,    creation    and    organization 

of,  1019. 
Orphan  asylums,   1025. 
Osteopathy.    1025. 
Oysters,  1027. 
Paris  green,  1028. 
Parks,  public,   1029. 

public,  Sacramento,  1029,  1030,  1031. 
Parole  commissioners,   1031. 
Pension  claimants,   1032. 
Petaluma  Creek,  1033. 
Pharmacy,    1033. 

regulating,  1038. 
Pilots,  San  Diego,  1045. 

San  Pedro,   Wilmington,   1048. 
Placer  County,  records  of,  1049. 
Placerville,   titles   in,   1050. 
Police,  hours  of  service,  1061. 
increasing  of,   1061. 
insurance,    1062. 
on  cars,  boats,  etc.,  1066. 
vacations,  1066. 
Police  courts,   in  certain  cities,  1053. 
in  cities  second  class,   1058. 
prosecuting  attorneys  for,  1061. 
Posse   comitatus,    1067. 
Poultry,   experiment  stations,   1067. 
Preston  School  of  Industry,  1068,  1074. 

land  for,   1U75. 
Prisons,    matron   for,    1076. 
Prize-fighting,   1077. 
Process,  writs,  etc.,  1077. 

Prostitution,     importation     of     women     for 
1078. 
of  married  women,   1078. 
Protection   districts,    reclamation,    1078. 
Public     administrator,     coroner     ex     officio, 

when,  1087. 
Public     buildings,     city     and     county,     1088- 
1090. 
erection  of.  1087. 
state,   1090. 
Public    institutior  B,    exchange    of   commodi- 
ties, 1096. 
Public  officers,  1096. 

contracts  made  by,  ratification,  1097. 
Public  property,  inventories  of,  1098. 
Public  service,  union  soldiers,  1099. 


CONTENTS. 


Public  works,  auditing  board,  1099. 
commissioners,   1102. 
hours  of  labor,   1103. 
labor  claims,   1104. 
Mormon    channel,    1105. 
wages,  1105. 
Quarantine,   of  animals,   1106. 
Quicksilver,  adulteration  of,  prohibited,  llOS. 
.Railroad    commissioners,    1109. 
Railroads,   above   certain   level,    1112. 
completion  of,  1112. 
electricity,    1115. 
generally,  1116. 
operation   of,    1112. 

operation  by  electricity  and  steam,  1113. 
safety  of  employees,  1113. 
Southern   California,    1113. 
spur  tracks,  1114. 
Railroads,  street  railroads,  fares  on,   1114. 

mail    carriers,    1115. 
Reclamation  districts,  appeals,   1116. 
assessments,    1117. 
bonds,  1117. 
dissolution,   1120. 
district  No.   70,   1130. 
funding  debts,   1121. 
generally,  1120. 
Recorders,  county,  1131. 

of  former,  1131. 
Red  Bluff,  town  of,  1132. 
Rio  Vista,  town  of,  1135. 

Riverside,  county  of.  creation  and  organiza- 
tion, 1135. 
Roads    and    highways,    boulevard     districts, 
1143. 
department  of.   1147. 
generally,  1157. 
Lake   Tahoe,   1152. 
Modoc   county,    1152. 
Mono  lake,   1153,   1154. 
protection  of,   1154. 
public  lands,   1150. 
Sacramento  to  Folsom,  1155. 
state,  1150. 
Trinity,   1156. 
Yosemite,   1157. 
Roads,   state,   Sonoma   and   Mono,    1156. 
Rodeos,  115S. 
Sacramento,    city,    1158. 
Sacramento   County,   judges   of,   1160. 

records  of,   1159. 
Sailors   and    soldiers,    burial    of,    1160. 
San   Antonio   Creek,   Alameda   County,    1162. 
San   Benito   County,    creation   and   organiza- 
tion,  1164. 
records   of,   1171. 
San  Bernardino,  city  of,  1172. 
San  Bernardino  County,  1173. 
San    Diego     city,    1174,    1175. 
San   Diego   County,   judges   of,   1175. 
San  Francisco,  water  front  of,  1176,   1181. 
Sanitary    districts,    1183. 

San    Joaquin    County,    additional    judge    for, 
1193. 
levees,    1194. 

protection   districts,    1195. 
records    of,    1195. 
San   Joaquin  River,    1197. 
San   Jo.se.   city,    high   school   of,   1198. 
San  Luis  Obispo,   city  of,   1199. 


San   Luis    Obispo    County,    additional   judges 
for,    1202. 
judges   of,    1203. 
records    of,    1201. 
San    Mateo    County,    1203. 
San  Pedro,  New,  1204. 
Santa    Barbara,    city    of,    1204,    1205. 
Santa    Barbara    County,    1205. 
Santa    Clara,    town    of,    1206. 
Santa    Clara   County,    judges    of,    1207. 

records  of,  1207,  1208. 
Santa  Rita,  town  of,  1209. 
School   books,    compiling,    1224,   1227,    1229. 

revision    of,    1229. 
School  districts,   confirming  organization   of, 
1234. 
protection    of,    1210. 
Schools,  annuity  fund  for  teachers,   1210. 

withdrawals,    1222. 
Schools,    bonds,    1223. 

cities   of   the   fifth   class,   1231. 
district    bonds,    1233. 
district    name,    1234. 
female   teachers    in,    1234. 
generally,    1237. 

state    superintendent,    clerk    for,    1235. 
taxes,    1236. 

teachers'   certificates,    1235. 
to  continue   in  operation,   1236. 
Sea    gulls,    killing,    1237. 
Sea    wall,    San    Francisco,    1237. 
Secretary    of    state,    archives,    1241.. 
Seduction,    1242. 

Shasta    Counts',    additional    judge,    1243. 
Sheep    herding,    1243.. 
Sheriff,    badges,    1244. 

conveying    insane,    1244. 
Sherman    Island,    1244. 
Silk    culture,    1244. 
Solano    County,    records    of,    1246. 
Soldiers,    widows    and    orphans,    1247. 
Sonoma,    city,    Pueblo    town,    1249. 
Sonoma    County,    fences,    1252. 

records    of,    1252.  4 
Sonoma,    town,    1251. 
Squirrels  and  gophers,  1255. 
Stallions,    regulations    for   keeping,    1255. 
State  Agricultural  Society,  1255,  1257. 
State  analyst,  minerals,  waters,  etc.,  1259. 
State  board  of  examiners,  authorized  to  sell 
furniture,    etc.,    1265. 
forests.    1262. 

to   prescribe   duty  of  officers,   1263. 
to    purchase     supplies     for    legislature, 
1261. 
State    board    of    health,    antitoxin,    1265. 
attorney  for,  1265. 
hygienic    laboratory,    1266. 
pollution    of   ice,    1267. 
pollution    of    waters.    1267. 
State    boundary,    eastern,     1267. 
State   capitol,   employees   at,    1267. 

janitor    of,    1268. 
State    dairy    bureau,    1273. 
State  debt,  excess  over  appropriation,  1277. 

loan  commissioners,  1269. 
State   engineer,    1277. 
State   flower,    1277. 
State    funds,    disposition    of,    1277. 
drainage,    1278. 
transfer    of,    1279. 
State    geological    survey,    1279. 


CONTENTS. 


xi 


State    harbor    commissioners,    authority    to, 
1280. 
East  Street,  1281. 

free    market,   1281. 

insurance,    1283. 

to    condemn    lands,    1283. 

tolls,    penalty   for   failure   to   pay,    1280. 
State  Hospital  for  Miners,  128  4. 
State   mining  bureau,    1285. 
State    moneys,    deposits    of.    1289. 
State    of    California,    actions    against,    1269, 
1270,    1271. 

lands   of.    ceding  to  United   States,   1273. 

lands    of,    release    to    claim    of    certain, 
1272. 
State   officers,   contracts,    etc.,   by,    1290. 
State  prisons,  California  hemp,  1299. 

conveyances    by    prisoners,    1300. 

crimes   at,   1300. 

Folsom,    1300. 

Folsom.    for    insane,    1301. 

insane    convicts,    1301. 

Jute    fund,    1303. 

jute   goods,    1303. 

regulations  of,  1291. 

roads,    1304. 

rock    crushing,    1304,    1306. 
State  warrant,  lost,  1308. 
Stockton     city,    confirm    ordinance.    No.     64, 

1309. 
Stockton  state  hospital,  additional  lands  for, 

1310. 
Street  law,  act  of  1903,  1361. 

bonds   for   improvement,    1339. 

in  cities  over  forty  thousand,  1346. 

opening  and  widening,  etc.,  1353. 

providing    for    work    upon    streets,    etc., 
1311. 

sale  and  redemption  of  property,  1361. 
Supreme  court,  deputy   reporter,   1371. 

librarian,  1371. 
Suscol  Rancho,   1371. 
Sutter  County,   records  of,   1372. 
Sutter's  Port,  guardian  of,  1372. 

trustees,  1373. 
Taxation,  collateral  inheritance,  1374. 

complaint  in  suits,  1376. 

fees  for  collecting,   1377,  1378. 

license,   corporations,   1378. 

migratory  stock,  1380. 

Political  Code,  San  Francisco,  1380. 

re-assessment,  1381. 

suits   to   collect,    1382. 

system  of,  1383. 

validate  certificates,  1384. 
Telegraph  messages,  1385. 
Thistle,  Canadian   or  Scotch,   1386. 
Torrens  land  system,  1386. 


Tow-paths,  1406. 

Town  sites,  incorporated  towns,  1407. 

Trade-marks,  bottles,  etc.,  1419. 

Trading  stamps,  chance  prize,  1422. 

Training  ship,  1423. 

Trees,  seeds,  plants,  vines — naming,  1423. 

Trees    and    hedges,    maintaining    in    streets 

1423. 
Trinity  County,  records  of,  1428. 
Tulare   County,   additional   judge,    1428. 

judges  for,  1429. 
Tuolumne  River,  bridge,   1429. 
University   of   California,   affiliated    colleges, 
1431. 
additional  support,  1447. 
agricultural  farm,  1431. 
appropriations,  1446. 
consolidation  of  funds,  144S. 
continuous  appropriations,  1446. 
department  of  music,  1433. 
endowment,  1435. 
farmers'  institute,  1433,  1434. 
forestry,  1450. 
forestry  station,  1450. 
Hastings  College  of  Law,  1451. 
interest  on  bonds,  1452. 
lands  of,  1455. 
medical  department,   1456. 
pathology,  1456. 
pear  blight,  1457. 
permanent     support     and     improvement, 

1449. 
organic   act,   1435. 
Ventura  County,  1459. 

Veterans'     Home,   conveying    and    revesting 
land,  1461. 
directors  to  purchase  land,  1467. 
exchange  of  land,  1459. 
sale  of  intoxicating  liquors  near,  1468. 
Yountville,  appropriations  for,  1460. 
Veterinarian   surgeon,   practice   of,   146S. 
Visalia,  city  of,  1470. 
Viticultural  commission,  1471. 
Viticulture,  1471. 
"Warehouse  receipts,   1473. 
Warehouse  and  wharfinger  receipts,  1472. 
Warehousemen,  weighers  for,   1474. 
Water  ditches  and  flumes,  1475. 
Water  resources,   investigation,   1475. 
Whittier  State  School,  1477. 
commitment  to,  1487. 
girls,  1488. 
Wine,   sophistication  and  adulteration,   1489. 
Yolo  County,  1493. 
Tosemite  Valley,   1493. 

regranting  to  United  States,   1494. 
Yuba  County,  records  of,  1495. 


DBCIiARATION     OF     INDEPENDENCE.  xlil 


DECLARATION   OF   INDEPENDENCE. 

JULY  4,  1776. 

THE    UNANIMOUS    DECLARATION    OF    THE     THIRTEEN    UNITED 
STATES  OF  AMERICA  IN  CONGRESS  ASSEMBLED. 

When  in  the  course  of  human  events,  it  becomes  necessary  for  one  people  to 
dissolve  the  political  bands  which  have  connected  them  with  another,  and  to 
assume  among  the  powers  of  the  earth  the  separate  and  equal  station  to  which 
the  laws  of  nature  and  of  nature's  God  entitle  them,  a  decent  respect  to  the  opin- 
ions of  mankind  requires  that  they  should  declare  the  causes  which  impel  them 
to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created  equal,  that 
they  are  endowed  by  their  Creator  with  certain  inalienable  rights,  that  among 
these  are  life,  liberty  and  the  pursuit  of  happiness.  That  to  secure  these  rights, 
governments  are  instituted  among  men,  deriving  their  just  powers  from  the 
consent  of  the  governed,  that  whenever  any  form  of  government  becomes  de- 
structive of  these  ends,  it  is  the  right  of  the  people  to  alter  or  to  abolish  it,  and 
to  institute  new  government,  laying  its  foundation  on  such  principles  and  organ- 
izing its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to  effect  their 
safety  and  happiness.  Prudence,  indeed,  will  dictate  that  governments  long 
established  should  not  be  changed  for  light  and  transient  causes;  and  accord- 
ingly all  experience  hath  shown,  that  mankind  are  more  disposed  to  suffer, 
while  evils  are  sufferable,  than  to  right  themselves  by  abolishing  the  forms  to 
which  they  are  accustomed.  But  when  a  long  train  of  abuses  and  usurpations, 
pursuing  invariably  the  same  object  evinces  a  design  to  reduce  them  under  abso- 
lute despotism,  it  is  their  right,  it  is  their  duty,  to  throw  off  such  government, 
and  to  provide  new  guards  for  their  future  security.  Such  has  been  the  patient 
sufferance  of  these  colonies ;  and  such  is  now  the  necessity  which  constrains  them 
to  alter  their  former  systems  of  government.  The  history  of  the  present  king  of 
Great  Britain  is  a  history  of  repeated  injuries  and  usurpations,  all  having  in 
direct  object  the  establishment  of  an  absolute  tyranny  over  these  states.  To 
prove  this,  let  facts  be  submitted  to  a  candid  world. 

He  has  refused  his  assent  to  laws,  the  most  wholesome  and  necessary  for  the 
public  good. 

He  has  forbidden  his  governors  to  pass  laM^s  of  immediate  and  pressing  im- 
portance, unless  suspended  in  their  operation  until  his  assent  should  be  obtained ; 
and  when  so  suspended,  he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laAvs  for  the  accommodation  of  large  districts  of 
people,  unless  those  people  would  relinquish  the  right  of  representation  in  the 
legislature,  a  right  inestimable  to  them  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  uncomfortable, 
and  distant  from  the  repository  of  their  public  records,  for  the  sole  purpose  of 
fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly  for  opposing  with  manly 
firmness  his  invasions  on  the  rights  of  the  people. 


^1^  DECLARATION     OF    INDEPENDENCE. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause  others  to  be 
elected ;  whereby  the  legislative  powers,  incapable  of  annihilation,  have  returned 
to  the  people  at  large  for  their  exercise;  the  state  remaining  in  the  meantime 
exposed  to  all  the  dangers  of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  states ;  for  that  purpose 
obstructing  the  laws  for  naturalization  of  foreigners ;  refusing  to  pass  others  to 
encourage  their  migration  hither,  and  raising  the  conditions  of  new  appropria- 
tions of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his  assent  to  laws 
for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure  of  their  offices, 
and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms  of  officers 
to  harass  our  people  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies  without  the  consent 
of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of  and  superior  to  the  civil 
power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction  foreign  to  our 
constitution,  and  unacknowledged  by  our  law^s ;  giving  his  assent  to  their  acts  of 
pretended  legislation. 

For  quartering  large  bodies  of  armed  troops  among  us; 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any  murders  which 
they  should  commit  on  the  inhabitants  of  these  states; 
For  cutting  off  our  trade  with  all  parts  of  the  world ; 
For  imposing  taxes  on  us  without  our  consent ; 
For  depriving  us  in  many  cases  of  the  benefits  of  trial  by  jury ; 
For  transporting  us  beyond  seas  to  be  tried  for  pretended  offenses ; 
For  abolishing  the  free  system  of  English  laws  in  a  neighboring  province, 
establishing  therein  an  arbitrary  government,  and  enlarging  its  boundaries  so.  as 
to  render  it  at  once  an  example  and  fit  instrument  for  introducing  the  same 
absolute  rule  into  these  colonies ; 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws,  and  altering 
fundamentally,  the  forms  of  our  governments; 

For  suspending  our  own  legislatures,  and  declaring  themselves  invested  with 
power  to  legislate  for  us  in  all  eases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his  protection  and 
waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burned  our  towns,  and  destroyed 
the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign  mercenaries  to  complete 
the  works  of  death,  desolation  and  tyranny,  already  begun  with  circumstances 
of  cruelty  and  perfidy  scarcely  paralleled  in  the  most  barbarous  ages,  and  totally 
unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens  taken  captive  on  the  high  seas  to  bear 
arms  against  their  country,  to  become  the  executioners  of  their  friends  and 
brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrection  among  us,  and  has  endeavored  to  brins 


DECLARATION     OF    INDEPENDENCE.  XV 

on  the  inhabitants  of  our  frontiers,  the  merciless  Indian  savages,  whose  known 
rule  of  warfare,  is  an  undistinguished  destruction  of  all  ages,  sexes  and  condi- 
tions. 

In  every  stage  of  these  oppressions  we  have  petitioned  for  redress  in  the  most 
humble  terms.  Our  repeated  petitions  have  been  answered  only  by  repeated 
injury.  A  prince,  whose  character  is  thus  marked  by  every  act  which  may  define 
a  tyrant,  is  unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British  brethren.  AVe  have 
warned  them  from  time  to  time  of  attempts  by  their  legislature  to  extend  an 
unwarrantable  jurisdiction  over  us.  We  have  reminded  them  of  the  circum- 
stances of  our  emigration  and  settlement  here.  We  have  appealed  to  their 
native  justice  and  magnanimity,  and  we  have  conjured  them  by  the  ties  of  our 
common  kindred  to  disavow  these  usurpations,  which,  would  inevitably  interrupt 
our  connections  and  correspondence.  They  too  have  been  deaf  to  the  voice  of 
justice  and  consanguinity.  We  must,  therefore,  acquiesce  in  the  necessity,  which 
denounces  our  separation,  and  hold  them,  as  we  hold  the  rest  of  mankind,  ene- 
mies in  war,  in  peace  friends. 

We,  therefore,  the  representatives  of  the  United  States  of  America,  in  Gen- 
eral Congress,  assembled,  appealing  to  the  Supreme  Judge  of  the  world  for  the 
rectitude  of  our  intentions,  do,  in  the  name,  and  by  the  authority  of  the  good 
people  of  these  colonies,  solemnly  publish  and  declare,  that  these  united  colonies 
are,  and  of  right  ought  to  be  free  and  independent  states ;  that  they  are  absolved 
from  all  allegiance  to  the  British  Crown,  and  that  all  political  connections  be- 
tween them  and  the  state  of  Great  Britain,  is  and  ought  to  be  totally  dissolved ; 
and  that  as  free  and  independent  states,  they  have  full  power  to  levy  war,  con- 
clude peace,  contract  alliances,  establish  commerce,  and  to  do  all  other  acts  and 
things  which  independent  states  may  of  right  do.  And  for  the  support  of  this 
declaration,  with  a  firm  reliance  on  the  protection  of  Divine  Providence,  we 
mutually  pledge  to  each  other  our  lives,  our  fortunes  and  our  sacred  honor. 

The  foregoing  declaration  was,  by  order  of  Congress,  engrossed  and  signed  by 
the  following  members : 


JOHN  HANCOCK. 
SAMUEL   ADAMS. 
JOHN  ADAMS, 
ROBERT   TREAT  PAINE, 
ELBRIDGE    GERRY, 
JOSIAH   BARTLETT, 
Vl'^ILLIAM  WHIPPLE, 
MATTHEM^    THORNTON. 
STEPHEN    HOPKINS. 
WILLIAM    ELLERT, 
CESAR  RODNEY, 
GEORGE   READ, 
THOMAS   M'KEAN, 
ROGER    SHERMAN, 
SAMUEL  HUNTINGTON, 
W^ILLIAM    WILLIAMS. 
RICHARD    STOCKTON. 
JOHN   WITHERSPOON, 
FRANCIS   HOPKINSON, 


JOHN   HART, 
ABRAHAM:    CLARK. 
WILLIAM  HOOPER, 
JOSEPH  HEWBS, 
JOHN    PENN, 
ROBERT  MORRIS, 
BENJAMIN  RUSH, 
BENJAMIN    FRANKLIN, 
JOHN    MORTON, 
OLIVER  WOLCOTT, 
SAMUEL   CHASE, 
WILLIAM    PACA, 
THORLA.S    STONE, 
CHARLES   CARROLL, 

OP   CARROLLTON, 
"^^LLIAM    FLOYD, 
PHILIP    LIVINGSTON, 
FRANCIS  LEWIS, 
LEWaS   MORRIS, 


GEORGE   WYTHE, 
RICHARD   HENRY   LEE, 
THOMAS  JEFFERSON, 
BENJAMIN  HARRISON, 
THOMAS   NELSON,    JR., 
FRANCIS   LIGHTFOOT    LEE, 
CARTER    BRAXTON, 
GEORGE    CLYMER, 
JAMES    SMITHE, 
GEORGE   TAYLOR, 
JAMES  WILSON, 
GEORGE  ROSS. 
EDWARD    RUTLEDGE. 
THOMAS   HEYWARD,    JR., 
THOMAS    LYNCH,    JR., 
ARTHUR   MIDDLETON, 
BUTTON   GWINNETT, 
LYMAN    HALL, 
GEORGE   WALTON. 


xvi  CONSTITUTION      OF    THE    UNITED     STATES — 1787. 

CONSTITUTION    OF    THE    UNITED    STATES— 1787. 

We  the  people  of  the  United  States,  in  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  constitution  for  the  United 
States  of  America. 

Article  I. 

§  1.  All  legislative  powers  herein  granted  shall  be  vested  in  a  Congress  of 
the  United  States,  which  shall  consist  of  a  senate  and  house  of  representa- 
tives. 

§  2.  The  house  of  representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  states,  and  the  electors  iu  each 
state  shall  have  the  qualifications  requisite  for  electors  of  the  most  numerous 
branch  of  the  state  legislature. 

No  person  shall  be  a  representative  who  shall  not  have  attained  to  the  age 
of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  state  in  which  he  shall 
be  chosen. 

[Representatives  and  direct  taxes  shall  be  apportioned  among  the  several 
states  which  may  be  included  within  this  union,  according  to  their  respective 
numbers,  which  shall  be  determined  by  adding  to  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three  fifths  of  all  other  persons.]  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten  years,  in  such  manner 
as  they  shall  by  law  direct.  The  number  of  representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  state  shall  have  at  least  one  representa- 
tive; and  until  such  enumeration  shall  be  made,  the  state  of  New  Hampshire 
shall  be  entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five.  New  York  six,  New  Jersey  four,  Penn- 
sylvania eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North  Carolina  five, 
South  Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  representation  from  any  state,  the  executive 
authority  thereof  shall  issue  writs  of  election  to  fill  such  vacancies. 

The  house  of  representatives  shall  choose  their  speaker  and  other  officers; 
and  shall  have  the  sole  power  of  impeachment. 

§  3.  The  senate  of  the  United  States  shall  be  composed  of  two  senators  from 
each  state,  chosen  by  the  legislature  thereof,  for  six  years ;  and  each  senator 
shall  have  one  vote. 

^  Immediately  after  they  shall  be  assembled  in  consequence  of  the  first  elec- 
tion, they  shall  be  divided  as  equally  as  may  be  into  three  classes.  The  seats 
of  the  senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the  second 
year,  of  the  second  class  at  the  expiration  of  the  fourth  year,  and  of  the  third 
class  at  the  expiration  of  the  sixth  year,  so  that  one  third  may  be  chosen  every 
second  year;  and  if  vacancies  happen  by  resignation,  or  otherwise,  during  the 
recess  of  the  legislature  of  any  state,  the  executive  thereof  may  make  tempo- 


CONSTITUTION     OF     THE     UNITED     STATES — 1787.  xvii 

rary  appointments  until  the  next  meeting  of  the  legislature,  which  shall  then 
fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age  of  thirty 
years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  state  for  which  he  shall  be  chosen. 

The  vice-president  of  the  United  States  shall  be  president  of  the  senate,  but 
shall  have  no  vote  unless  they  be  equally  divided. 

The  senate  shall  choose  their  other  officers,  and  also  a  president  pro  tempore, 
in  the  absence  of  the  vice-president,  or  when  he  shall  exercise  the  office  of 
president  of  the  United  States. 

The  senate  shall  have  the  sole  power  to  try  all  impeachments.  When  sit- 
ting for  that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the  presi- 
dent of  the  United  States  is  tried,  the  chief  justice  shall  preside :  And  no 
person  shall  be  convicted  without  the  concurrence  of  two  thirds  of  the  members 
present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to  removal 
from  office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust  or 
profit  under  the  United  States ;  but  the  party  convicted  shall  nevertheless  be 
liable  and  subject  to  indictment,  trial,  judgment  and  punishment,  according  to 
law. 

§  4.  The  times,  places  and  manner  of  holding  elections  for  senators  and 
representatives,  shall  be  prescribed  in  each  state  by  the  legislature  thereof; 
but  the  Congress  may  at  any  time  by  laAv  make  or  alter  such  regulations,  ex- 
cept as  to  the  places  of  choosing  senators. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and  such  meeting 
shall  be  on  the  first  INIonday  in  December,  unless  they  shall  by  law  appoint  a 
different  day. 

§  5.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  qualifica- 
tions of  its  own  members,  and  a  majority  of  each  shall  constitute  a  quorum 
to  do  business ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  members,  in  such  manner, 
and  under  such  penalties  as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish  its  members 
for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds,  expel  a 
member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time  to  time 
publish  the  same,  excepting  such  parts  as  may  in  their  judgment  require 
secrecy ;  and  the  yeas  and  nays  of  the  mem^bers  of  either  house  on  any  question 
shall,  at  the  desire  of  one  fifth  of  those  present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall  without  the  consent  of 
the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  houses  shall  be  sitting. 

§  6.  The  senators  and  representatives  shall  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of  the  United 
States.  They  shall  in  all  cases,  except  treason,  felony  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at  the  session  of  their  respec- 
tive houses,  and  in  going  to  and  returning  from  the  same ;  and  for  any  speech 
or  debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

Gen.   Laws — li 


xvlii  CONSTITUTION     OF    THE     UNITED     STATES— 1787. 

No  senator  or  representative  shall,  during  the  time  for  which  he  was  elected, 
be  appointed  to  any  civil  office  under  the  authority  of  the  United  States,  which 
shall  have  been  created,  or  the  emoluments  Avhereof  shall  have  been  increased 
during  such  time;  and  no  person  holding  any  office  under  the  United  States, 
shall  be  a  member  of  either  house  during  his  continuance  in  office. 

§  7.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  representa- 
tives: but  the  senate  may  propose  or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  house  of  representatives  and  the 
senate,  shall,  before  it  become  a  law,  be  presented  to  the  president  of  the 
United  States ;  if  he  approve  he  shall  sign  it,  but  if  not  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  originated,  who  shall  enter 
the  objection.s  at  large  on  their  journal,  and  proceed  to  reconsider  it.  If  after 
such  reconsideration  two  thirds  of  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  house,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two  thirds  of  that  house,  it 
shall  become  a  law.  But  in  ail  such  cases  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  president  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the  senate  and 
house  of  representatives  may  be  necessary  (except  on  a  question  of  adjourn- 
ment) shall  be  presented  to  the  president  of  the  United  States;  and  before  the 
same  shall  take  effect,  shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  repassed  by  two  thirds  of  the  senate  and  house  of  representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

§  8.  The  Congress  shall  have  power  to  lay  and  collect  taxes,  duties,  im- 
posts and  excises,  to  pay  the  debts  and  provide  for  the  common  defense  and 
general  welfare  of  the  United  States;  but  all  duties,  imposts  and  excises  shall 
be  uniform  throughout  the  United  States ; 

To  borrow  money  on  the  credit  of  the  United  States ; 

To  regulate  commerce  with  foreign  nations,  and  among  the  several  states, 
and  with  the  Indian  tribes; 

To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on  the 
subject  of  bankruptcies  throughout  the  United  States ; 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and  fix  the 
standard  of  weights  and  measures ; 

To  provide  for  the  punishment  of  counterfeiting  the  securities  and  current 
coin  of  the  United  States ; 

To  establish  post-offices  and  post-roads ; 
^  To  promote  the  progress  of  science  and  useful  arts,  by  securing  for  limited 
times  to  authors  and  inventors  the  exclusive  right  to  their  respective  writings 
and  discoveries; 

To  constitute  tribunals  inferior  to  the  supreme  court; 

To  define  and  punish  piracies  and  felonies  committed  on  the  high  seas,  and 
offenses  against  the  law  of  nations- 


CONSTITUTION     OF     THE     I/NITED     STATES— 1787.  xix 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules  con- 
cerning captures  on  land  and  water; 

To  raise  and  support  armies,  but  no  appropriations  of  money  to  that  use 
shall  be  for  a  longer  term  than  two  years; 

To  provide  and  maintain  a  navy; 

To  make  rules  for  the  government  and  regulation  of  the  land  and  naval 
forces ; 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the  Union, 
suppress  insurrections  and  repel  invasions; 

To  provide  for  organizing,  arming,  and  cliscipling  the  militia,  and  for  gov- 
erning such  part  of  them  as  may  be  employed  in  the  service  of  the  United 
States,  reserving  to  the  states,  respectively,  the  appointment  of  the  officers, 
«nd  the  authority  of  training  the  militia  according  to  the  discipline  prescribed 
by  Congress; 

To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such  district 
(not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular  states,  and 
the  acceptance  of  Congress,  become  the  seat  of  the  government  of  the  United 
States,  and  to  exercise  like  authority  over  all  places  purchased  by  the  consent 
of  the  legislature  of  the  state  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dockyards,  and  other  needful  buildings ;— And 
To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying  into  exe- 
■  cution  the  foregoing  powers,  and  all  other  powers  vested  by  this  constitu- 
tion in  the  government  of  the  United  States,  or  in  any  department  or  officer 
thereof. 

§  9.  The  migration  or  importation  of  such  persons  as  any  of  the  states  now 
existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  Congress  prior 
to  the  year  one  thousand  eight  hundred  and  eight,  but  a  tax  or  duty  may  be 
imposed  on  such  importation,  not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  eases  of  rebellion  or  invasion  the  public  safety  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

Xo  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  proportion  to  the 
census  or  enumeration  hereinbefore  directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  state. 

No  preference  shall  be  given  by  any  regulation  of  commerce  or  revenue  to 
the  ports  of  one  state  over  those--  of  another :  nor  shall  vessels  bound  to.  or  from, 
one  state,  be  obliged  to  enter,  clear,  or  pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  appro- 
priations made  by  law;  and  a  regular  statement  and  account  of  the  re- 
ceipts and  expenditures  of  all  public  money  shall  be  published  from  time  to 
time. 

No  title  of  nobility  shall  be  granted  by  the  United  States:  And  no  person 
holding  any  office  of  profit  or  trust  under  them,  shall,  without  the  consent  of 
the  Congress,  accept  of  any  present,  emolument,  office,  or  title,  of  anv  kind 
whatever,  from  any  king,  prince,  or  foreign  state. 

§  10.  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation ;  grant 
letters  of  marque  and  reprisal;  coin  money;  emit  bills  of  credit;  make  any- 
thing but  gold  and  silver  coin  a  tender  in  payment  of  debts;  pass  any  bill  of 


^j.  CONSTITUTION     OF    THE     UNITED     STATES— 1787. 

attainder,  ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts,  or 
grant  any  title  of  nobility. 

No  state  shall,  without  the  consent  of  the  Congress,  lay  any  imposts  or  duties 
on  imports  or  exports,  except  what  may  be  absolutely  necessary  for  executing 
its  inspection  laws :  and  the  net  produce  of  all  duties  and  imposts,  laid  by  any 
state  on  imports  or  exports,  shall  be  for  the  use  of  the  treasury  of  the  United 
States;  and  all  such  laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress. 

No  state  shall,  without  the  consent  of  Congress,  lay  any  duty  of  tonnage, 
keep  troops,  or  ships  of  w^ar  in  time  of  peace,  enter  into  any  agreement  or 
compact  with  another  state,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not  admit  of  delay. 

Article  II. 

§  1.  The  executive  power  shall  be  vested  in  a  president  of  the  United  States 
of  America.  He  shall  hold  his  office  during  the  term  of  four  years,  and,  to- 
gether with  the  vice-president,  chosen  for  the  same  term,  be  elected  as  follows : 

Each  state  shall  appoint,  in  such  manner  as  the  legislature  thereof  may 
direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators  and  repre- 
sentatives to  which  the  state  may  be  entitled  in  the  Congress ;  but  no  senator 
or  representative,  or  person  holding  an  office  of  trust  or  profit  under  the  United 
States,  shall  be  appointed  an  elector. 

[The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot  for  two 
persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the  same  state  with 
themselves.  And  they  shall  make  a  list  of  all  the  persons  voted  for,  and  of  the 
number  of  votes  for  each ;  which  list  thej^  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  governemnt  of  the  United  States,  directed  to  the  pres- 
ident of  the  senate.  The  president  of  the  senate  shall,  in  the  presence  of  the 
senate  and  house  of  representatives,  open  all  the  certificates,  and  the  votes 
shall  then  be  counted.  The  person  having  the  greatest  number  of  votes  shall  be 
the  president,  if  such  number  be  a  majority  of  the  whole  number  of  electors 
appointed;  and  if  there  be  more  than  one  who  have  such  majority,  and  have 
pn  equal  number  of  votes,  then  the  house  of  representatives  shall  immediately 
choose  by  ballot  one  of  them  for  president ;  and  if  no  person  have  a  majority, 
then  from  the  five  highest  on  the  list  the  said  house  shall  in  like  manner  choose 
the  president.  But  in  chosing  the  president,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two  thirds  of  the  states,  and  a  ma- 
jority of  all  the  states  shall  be  necessary  to  a  choice.  In  every  case,  after  the 
choice  of  the  president,  the  person  having  the  greatest  number  of  votes  of  the 
electors  shall  be  the  vice-president.  But  if  there  should  remain  two  or  more 
who  have  equal  votes,  the  senate  shall  choose  from  them  by  ballot  the  vice- 
president.]  [This  paragraph  is  superseded  by  article  XII  of  the  Amend- 
ments to  the  Constitution,  post  p.  xxvi.] 

The  Congress  may  determine  the  time  of  choosing  the  electors  and  the  day 
on  which  they  shall  give  their  votes;  which  day  shall  be  the  same  throughout 
the  United  States. 

No  person  except  a  natural-born  citizen,  or  a  citizen  of  the  United  States, 


CONSTITUTION     OF    THE     UNITED     STATES — 1787.  xxi 

at  the  time  of  the  adoption  of  this  constitution,  shall  be  eligible  to  the  office 
of  president;  neither  shall  any  person  be  eligible  to  that  office  who  shall  not 
have  attained  to  the  age  of  thirty-five  years,  and  been  fourteen  years  a  resident 
within  the  United  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of  his  death,  resigna- 
tion, or  inability  to  discharge  the  powers  and  duties  of  the  said  office,  the  same 
shall  devolve  on  the  vice-president,  and  the  Congress  may  by  law  provide  for  the 
case  of  removal,  death,  resignation,  or  inability,  both  of  the  president  and  vice- 
president,  declaring  what  officer  shall  then  act  as  president,  and  such  officer 
shall  act  accordingly,  until  the  disability  be  removed,  or  a  president  shall  be 
elected. 

The  president  shall,  at  stated  times,  receive  for  his  services,  a  compensation, 
which  shall  neither  be  increased  nor  diminished  during  the  period  for  which 
he  shall  have  been  elected,  and  he  shall  not  receive  within  that  period  any  other 
emolument  from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  following 
oath  or  affirmation: — "I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  president  of  the  United  States,  and  will  to  the  best  of  my 
ability,  preserve,  protect  and  defend  the  constitution  of  the  United  States." 

§  2.  The  president  shall  be  commander-in-chief  of  the  army  and  navy  of 
the  United  States,  and  of  the  militia  of  the  several  states,  when  called  into  the 
actual  service  of  the  United  States;  he  may  require  the  opinion,  in  writing,  of 
the  principal  officer  in  each  of  the  executive  departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices,  and  he  shall  have  power  to 
grant  reprieves  and  pardon  for  offenses  against  the  United  States,  except  in 
cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  senate,  to 
make  treaties,  provided  two  thirds  of  the  senators  present  concur ;  and  he  shall 
nominate,  and  by  and  with  the  advice  and  consent  of  the  senate,  shall  appoint 
ambassadors,  other  public  ministers  and  consuls,  judges  of  the  supreme  court, 
and  all  other  officers  of  the  United  States,  whose  appointment  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law;  but  the  Con- 
gress may  by  law  vest  the  appointment  of  such  inferior  officers,  as  they  think 
proper,  in  the  president  alone,  in  the  courts  of  law,  or  in  the  heads  of  depart- 
ments. 

The  president  shall  have  power  to  fill  up  all  vacancies  that  may  happen  dur- 
ing the  recess  of  the  senate,  by  granting  commissions  which  shall  expire  at  the 
end  of  their  next  session. 

§  3.  He  shall  from  time  to  time  give  to  the  Congress  information  of  the 
state  of  the  Union,  and  recommend  to  their  consideration  such  measures  as  he 
shall  judge  necessary  and  expedient ;  he  may,  on  extraordinary  occasions,  con- 
vene both  houses,  or  either  of  them,  and  in  case  of  disagreement  between  them, 
with  respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time 
as  he  shall  think  proper ;  he  shall  receive  ambassadors  and  other  public  minis- 
ters ;  he  shall  take  care  that  the  laws  be  faithfully  executed,  and  shall  commis- 
sion all  the  officers  of  the  United  States. 

§  4.     The  president,  vice-president  and  all  civil  officers  of  the  United  States, 


XxU  CONSTITUTION     OF    THE     UNITED     STATES— 1787. 

shall  be  removed  from  office  on  impeachment  for,  and  conviction  of,  treason, 
bribery,  or  other  high  crimes  and  misdemeanors. 

Article  III. 

§  1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one  supreme 
court,  and  in  such  inferior  courts  as  the  Congress  may  from  time  to  time  ordain 
and  establish.  The  judges,  both  of  the  supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated  times,  receive  for  their 
services  a  compensation  which  shall  not  be  diminished  during  their  continu- 
ance in  office. 

§  2.  The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity,  arising 
under  this  constitution,  the  laws  of  the  United  States,  and  treaties  made,  or 
which  shall  be  made,  under  their  authority ; — to  all  cases  affecting  ambassadors, 
other  public  ministers,  and  counsels ; — to  all  cases  of  admiralty  and  maritime  jur- 
isdiction;— to  controversies  to  which  the  United  States  shall  be  a  party; — ^to 
controversies  between  two  or  more  states ; — between  a  state  and  citizens  of  an- 
other state ; — between  citizens  of  different  states, — between  citizens  of  the  same 
state  claiming  lands  under  grants  of  different  states,  and  between  a  state,  or  the 
citizens  thereof,  and  foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls,  and 
those  in  which  a  state  shall  be  party,  the  supreme  court  shall  have  original 
jurisdiction.  In  all  the  other  cases  before  mentioned,  the  supreme  court  shall 
have  appellate  jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions,  and 
under  such  regulations  as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury ;  and 
such  trial  shall  be  held  in  the  state  where  the  said  crimes  shall  have  been 
committed;  but  when  not  committed  within  any  state,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed. 

§  3.  Treason  against  the  United  States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

The  Congress  shall  have  power  to  declare  the  punishment  of  treason,  but  no 
attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture  except  during 
the  life  of  the  person  attainted. 

Article  IV. 

§  1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the  public  acts, 
records,  and  judicial  proceedings  of  every  other  state.  And  the  Congress  may 
by  general  laws  prescribe  the  manner  in  which  such  acts,  records  and  proceed- 
ings shall  be  proved,  and  the  effect  thereof. 

§  2.  The  citizens  of  each  state  shall  be  entitled  to  all  privileges  and  immuni- 
ties of  citizens  in  the  several  states. 

A  person  charged  in  any  state  with  treason,  felony,  or  other  crime,  who  shall 
flee  from  justice,  and  be  found  in  another  state,  shall,  on  demand  of  the  execu- 
tive authority  of  the  state  from  which  he  fled,  be  delivered  up  to  be  removed 
to  the  state  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  state,  under  the  laws  thereof,  es- 


CONSTITUTION     OF    THE    UNITED     STATES — 1787.  xxiii 

caping  into  another,  shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor,  but  shall  be  delivered  up  on  claim  of  the 
party  to  whom  such  service  or  labor  may  be  due. 

§  3.  New  states  may  be  admitted  by  the  Congress  into  this  Union ;  but  no 
new  state  shall  be  formed  or  erected  within  the  jurisdiction  of  any  other  state ; 
nor  any  state  be  formed  by  the  junction  of  two  or  more  states,  or  parts  of 
states,  without  the  consent  of  the  legislatures  of  the  states  concerned  as  well 
as  of  the  Congress. 

The  Congress  shall  have  power  to  dispose  of  and  make  all  needful  rules  and 
regulations  respecting  the  territory  or  other  property  belonging  to  the  United 
States;  and  nothing  in  this  constitution  shall  be  so  construed  as  to  prejudice 
any  claims  of  the  United  States,  or  of  any  particular  state. 

§  4.  The  United  States  shall  guarantee  to  every  state  in  this  Union  a  repub- 
lican form  of  government,  and  shall  protect  each  of  them  against  invasion  ; 
and  on  application  of  the  legislature,  or  of  the  executive  (when  the  legislature 
cannot  be  convened)  against  domestic  violence. 

Aeticle  V. 
The  Congress,  whenever  two  thirds  of  both  houses  shall  deem  it  necessary, 
shall  propose  amendments  to  this  constitution,  or,  on  the  application  of  the 
legislatures  of  two  thirds  of  the  several  states,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to  all  intents  and  pur- 
poses, as  part  of  this  constitution,  when  ratified  by  the  legislatures  of  three 
fourths  of  the  several  states,  or  by  conventions  in  three  fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress ;  provided 
that  no  amendment  which  may  be  made  prior  to  the  year  one  thousand  eight 
hundred  and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses  in 
the  ninth  section  of  the  first  article;  and  that  no  state,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  senate. 

Article  VI. 

All  debts  contracted  and  engagements  entered  into,  before  the  adoption  of 
this  constitution,  shall  be  as  valid  against  the  United  States  under  this  consti- 
tution, as  under  the  confederation. 

This  constitution,  and  the  laws  of  the  United  States  which  shall  be  made  in 
pursuance  thereof;  and  all  treaties  made,  or  which  shall  be  made,  under  the 
authority  of  the  United  States,  shall  be  the  supreme  law  of  the  land;  and  the 
judges  in  every  state  shall  be  bound  thereby,  anything  in  the  constitution  or 
laws  of  any  state  to  the  contrary  notwithstanding. 

The  senators  and  representatives  before  mentioned,  and  the  members  of  the 
several  state  legislatures,  and  all  executive  and  judicial  officers,  both  of  the 
United  States  and  of  the  several  states,  shall  be  bound  by  oath  or  affirmation, 
to  support  this  constitution;  but  no  religious  test  shall  ever  be  required  as  a 
qualification  to  any  office  or  public  trust  under  the  United  States. 

Article  VII. 

RATIFICATION    OP    CONSTITUTION. 

The  ratification  of  the  conventions  of  nine  states  shall  be  sufficient  for  the 
establishment  of  this  constitution  between  the  states  so  ratifying  the  same. 


xxiv  CONSTITUTION     OF    THE    UNITED     STATES— AMENDMENTS. 

Done  in  convention  by  the  unanimous  consent  of  the  states  present  the  sev- 
enteenth day  of  September  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-seven,  and  of  the  independence  of  the  United  States  of 
America  the  twelfth.     In  witness  whereof  we  have  hereunto  subscribed 

our  names, 

GEO.  WASHINGTON, 
President  and  Deputy  from  Virginia. 

New  Hampshire — John  Langdon,  Nicholas  Oilman. 

Massachusetts — Nathaniel  Gorham,  Rufus  King. 

Connecticut — "William  Samuel  Johnson,  Roger  Sherman.       ^ 

New  York — Alexander  Hamilton. 

New  Jersey — William  Livingston,  David  Brearley,  William  Paterson,  Jona- 
than Dayton. 

Pennsylvania — Benjamin  Franklin,  Thomas  Mifflin,  Robert  Morris,  George 
Clymer,  Thomas  Fitzsimons,  Jared  IngersoU,  James  Wilson,  Gouverneur  Mor- 
ris. 

Delaware — George  Read,  Gunning  Bedford,  Jr.,  John  Dickinson,  Richard 
Bassett,  Jacob  Broom. 

Maryland — James  McHenry,  Daniel  of  St.  Tho.  Jenifer,  Daniel  Carroll. 

Virginia — John  Blair,  James  Madison,  Jr. 

North  Carolina — William  Blount,  Richard  Dobbs  Spaight,  Hugh  Williamson. 

South  Carolina — John  Rutledge,  Charles  C.  Pinckney,  Charles  Pinckney, 
Pierce  Butler. 

Georgia — William  Few,  Abraham  Baldwin. 

Attest :— WILLIAM   JACKSON,    Secretary. 


AMENDMENTS 

TO   THE    CONSTITUTION    OF   THE   UNITED    STATES,    RATIFIED    ACCORDING    TO    THE   PRO- 
VISIONS  OP   THE   FIFTH   ARTICLE   OP   THE  FOREGOING    CONSTITUTION. 

Article  I. 
Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or  pro- 
hibiting the  free  exerise  thereof;  or  abridging  the  freedom  of  speech,  or  of 
the  press ;  or  the  right  of  the  people  peaceably  to  assemble,  and  to  petition  the 
government  for  a  redress  of  grievances.  [Amendment,  proposed  25th  Septem- 
ber, 1789;  ratified  15th  December,  1791.] 

Article  II. 
A  well-guarded  militia,  being  necessary  to  the  security  of  a  free  state,  the 
right  of  the  people  to  keep  and  bear  arms  shall  not  be  infringed.     [Amendment, 
proposed  25th  September,  1789;  ratified  15th  December,  1791.] 

Article  III. 
No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house,  without  the  con- 
sent of  the  owner,  nor  in  time  of  war  but  in  a  manner  to  be  prescribed  bv 
law.     [Amendment,  proposed  25th  September,  1789;  ratified  15th  December, 
1791. J 


CONSTITUTION     OF     THE     UNITED     STATES— AMENDMENTS.  xxv 

Article  IV. 
The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers,  and 
effects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated,  and  no 
warrants  shall  issue,  but  upon  probable  cause,  supported  by  oath  or  affirma- 
tion, and  particularly  describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized.  [Amendment,  proposed  25th  September,  1789;  ratified 
15th  December,  1791.] 

Article  V. 
No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous  crime, 
unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  service  in  time  of 
war  or  public  danger;  nor  shall  any  person  be  subject  for  the  same  offense 
to  be  twice  put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  himself,  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law;  nor  shall  private  property  be  taken 
for  public  use,  without  just  compensation.  [Amendment,  proposed  25th  Sep- 
tember, 1789;  ratified  15th  December,  1791.] 

Article  VI. 
In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a  speedy  and 
public  trial,  by  an  impartial  jury  of  the  state  and  district  wherein  the  crime 
shall  have  been  committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusation ; 
to  be  confronted  with  the  witnesses  against  him ;  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel  for 
his  defense.  [Amendment,  proposed  25th  September,  1789;  ratified  15th  De- 
cember, 1791.] 

Article  VII. 
In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed  twenty 
dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact  tried  by  a  jury 
shall  be  otherwise  re-examined  in  any  court  of  the  United  States,  than  accord- 
ing to  the  rules  of  the  common  law.  [Amendment,  proposed  25th  September, 
1789;  ratified  15th  December,  1791.] 

Article  VIII, 
Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
and  unusual  punishments  inflicted.     [Amendment,  proposed  25th  September, 
1789;  ratified  15th  December,  1791.] 

Article  IX. 
The  enumeration  in  the  constitution,  of  certain  rights,  shall  not  be  construed 
to  deny  or  disparage  others  retained  by  the  people.     [Amendment,  proposed 
25th  September,  1789;  ratified  15th  December,  1791.] 

Article  X. 
The  powers  not  delegated  to  the  United  States  by  the  constitution,  nor  pro- 
hibited by  it  to  the  states,  are  reserved  to  these  states  respectively,  or  to  the  people. 
[Amendment,  proposed  25th  September,  1789;  ratified  15th  December,  1791.] 


xxvl  CONSTITUTIOIV    OF    THE     UNITED     STATES— AMENDMENTS. 

Article  XI. 
The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend  to 
any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the  United 
States  by  citizens  of  another  state,  or  by  citizens  or  subjects  of  any  for- 
eign state.  [Amendment,  proposed  5th  March,  1794;  ratified  8th  January, 
1798.] 

Article  XII. 

The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot  for 
president  and  vice-president,  one  of  whom,  at  least,  shall  not  be  an  inhabitant 
of  the  same  state  with  themselves ;  they  shall  name  in  their  ballots  the  person 
voted  for  as  president,  and  in  distinct  ballots  the  person  voted  for  as  vice- 
president,  and  they  shall  make  distinct  lists  of  all  persons  voted  for  as  presi- 
dent, and  of  all  persons  voted  for  as  vice-president,  and  of  the  number  of  votes 
for  each,  which  lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat 
of  the  government  of  the  United  States,  directed  to  the  president  of  the  senate ; — 
the  president  of  the  senate  shall,  in  presence  of  the  senate  and  house  of  rep- 
resentatives, open  all  the  certificates  and  the  votes  shall  then  be  counted; — 
the  person  having  the  greatest  number  of  votes  for  president  shall  be  the  presi- 
dent, if  such  number  be  a  majority  of  the  whole  luimber  of  electors  appointed : 
and  if  no  person  have  such  majority,  then  from  the  persons  having  the  highest 
numbers,  not  exceeding  three  on  the  list  of  those  voted  for  as  president,  the  house 
of  representatives  shall  choose  immediately,  by  ballot,  the  president.  But  in 
choosing  the  president,  the  votes  shall  be  taken  by  states,  the  representation  from 
each  state  having  one  vote ;  a  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two  thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be 
necessary  to  a  choice.  And  if  the  house  of  representatives  shall  not  choose  a  presi- 
dent whenever  the  right  of  choice  shall  devolve  upon  them,  before  the  fourth 
day  of  March  next  following,  then  the  vice-president  shall  act  as  president, 
as  in  the  case  of  the  death  or  other  constitutional  disability  of  the  presi- 
dent. 

The  person  having  the  greatest  number  of  votes  as  vice-president,  shall  be 
the  vice-president,  if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed;  and  if  no  person  have  a  majority,  then  from  the  two  high- 
est numbers  on  the  list,  the  senate  shall  choose  the  vice-president ;  a  quorum  for 
the  purpose  shall  consist  of  two  thirds  of  the  whole  number  of  senators,  and 
a  majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  president  shall  be 
eligible  to  that  of  vice-president  of  the  United  States.  [Amendment,  pro- 
posed 12th  December,  180.3;  ratified  5th  September,  1804.] 

Article  XIII. 

§  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punishment  for 
crime  whereof  the  party  shall  have  been  duly  convicted,  shall  exist  within  the 
United  States,  or  any  place  subject  to  their  jurisdiction. 

§  2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legis- 
lation. [Proposed  1st  February,  1865;  ratification  declared  December  18, 
1865.1 


CONSTITUTION     OF    THE     UNITED     STATES — AMENDMENTS.  xxvii 

Article  XIV. 
§  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the 
jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  state  wherein 
they  reside.  No  state  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States ;  nor  shall  any  state 
deprive  any  person  of  life,  liberty,  or  property,  without  due  process  of  law; 
nor  deny  to  any  person  Avithin  its  jurisdiction  the  equal  protection  of  the 
laws. 

§  2.  Representatives  shall  be  apportioned  among  the  several  states  according 
to  their  respective  numbers,  counting  the  whole  number  of  persons  in  each 
state,  excliKling  Indians  not  taxed.  But  when  the  right  to  vote  at 
any  election  for  the  choice  of  electors  for  president  and  vice-president  of  the 
United  States,  representatives  in  Congress,  the  executive  and  judicial  officers  of 
a  state,  or  the  members  of  the  legislature  thereof,  is  denied  to  any  of  the  male 
inhabitants  of  such  state,  being  twenty-one  years  of  age,  and  citizens  of  the 
United  States,  or  in  any  way  abridged,  except  for  participation  in  rebellion,  or 
other  crime,  the  basis  of  representation  therein  shall  be  reduced  in  the  pro- 
portion Avhich  the  number  of  such  male  citizens  shall  bear  to  the  whole  num- 
ber of  male  citizens  twenty-one  years  of  age  in  such  state. 

§  3.  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector 
of  president  and  vice-president,  or  hold  any  office,  civil  or  military,  under 
the  United  States,  or  under  any  state,  who,  having  previously  taken  an  oath, 
as  a  member  of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a  mem- 
ber of  any  state  legislature,  or  as  an  executive  or  judicial  officer  of  any  state, 
to  support  the  constitution  of  the  United  States,  shall  have  engaged  in  insurrec- 
tion or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  .  But  Congress  may,  by  a  vote  of  two  thirds  of  each  house,  remove  such 
disability. 

§  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for  ser- 
vices in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  nor  any  state  shall  assume  or  pay  any  debt  or  obli- 
gation incurred  in  aid  of  insurrection  or  rebellion  against  the  United  States, 
or  any  claim  for  the  loss  or  emancipation  of  any  slave;  but  all  such  debts,  ob- 
ligations and  claims  shall  be  held  illegal  and  void. 

§  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
the  provisions  of  this  article.  [Proposed  16th  June,  1866 ;  ratification  declared 
21st  July,  1868.] 

Article  XV. 
§  1 .     The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied 
or  abridged  by  the  United  States  or  by  and  state  on  account  of  race,  color,  or 
previous  condition  of  servitude. 

§  2.  The  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation.  [Proposed  27th  February,  1869;  declared  ratified  30th  March, 
1870.] 


ai^x^riii  TREATY    OF    GUADALUPE    HIDALGO. 

TREATY  OF  PEACE,  FRIENDSHIP,  LIMITS  AND  SETTLEMENT 

BETWEEN  THE  UNITED  STATES  OF  AMERICA  AND  THE  MEXICAN 

REPUBLIC. 

Dated  at  Guadalupe  Hidalgo,   2d  February,   1848. 
Ratified  by  the  President  U.  S.,  16th  March,  1848. 
Exchanged  at  Queretaro,  30th  May,  1848. 
Proclaimed  by  the  President  U.  S.,  4th  July,  1848. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 

A  PROCLAMATION. 

"Whereas,  A  treaty  of  peace,  friendship,  limits,  and  settlement  between 
the  United  States  of  America  and  the  Mexican  Republic  was  concluded  and 
signed  at  the  city  of  Guadalupe  Hidalgo,  on  the  second  day  of  February,  one 
thousand  eight  hundred  and  forty-eight,  which  treaty,  as  amended  by  the  sen- 
ate of  the  United  States,  and  being  in  the  English  and  Spanish  languages,  is 
word  for  word  as  follows : — 

In  the  name  of  Almighty  God : — 

The  United  States  of  America  and  the  United  Mexican  States,  animated  by  a 
sincere  desire  to  put  an  end  to  the  calamities  of  the  war  which  unhappily 
exists  between  the  two  republics,  and  to  establish  upon  a  solid  basis  relations 
of  peace  and  friendship,  which  shall  confer  reciprocal  benefits  upon  the  citi- 
zens of  both,  and  assure  the  concord,  harmony,  and  mutual  confidence  wherein 
the  two  people  should  live,  as  good  neighbors,  have  for  that  purpose  appointed 
their  respective  plenipotentiaries — that  is  to  say,  the  president  of  the  United 
States  has  appointed  Nicholas  P.  Trist,  a  citizen  of  the  United  States,  and  the 
president  of  the  Mexican  Republic  has  appointed  Don  Luis  Gonzaga  Cuevas, 
Don  Bernardo  Couto,  and  Don  Miguel  Atristan,  citizens  of  the  said  republic, 
who,  after  a  reciprocal  communication  of  their  respective  full  powers,  have, 
under  the  protection  of  Almighty  God,  the  author  of  peace,  arranged,  agreed 
upon,  and  signed  the  following 

TREATY  OF  PEACE,  FRIENDSHIP,  LIMITS  AND  SETTLEMENT  BE- 
TWEEN THE  UNITED  STATES  OF  AMERICA  AND  THE  MEXICAN 
REPUBLIC. 

Article  I. 
There  shall  be  firm  and  universal  peace  between  the  United  States  of  America 
and  the  Mexican  Republic,  and  between  their  respective  countries,  territories, 
cities,  towns,  and  people,  without  exception  of  places  or  persons. 

Article  II, 
Immediately  upon  the  signature  of  this  treaty,  a  convention  shall  be  entered 
mto  between  a  commissioner  or  commissioners  appointed  by  the  general-in- 
chief  of  the  forces  of  the  United  States  and  such  as  may  be  appointed  bv  the 
Mexican  government,  to  the  end  that  a  provisional  suspension  of  hostilities 
shall  take  place,  and  that,  in  the  places  occupied  by  the  said  forces,  constitu- 
tional order  may  be  re-established  as  regards  the  political,  administrative,  and 


TREATY    OF    GUADALUPE     HIDALGO. 


judicial  branches,  so  far  as  this  shall  be  permitted  by  the  circumstances  of 
military  occupation. 

Article  III. 
Immediately  upon  the  ratification  of  the  present  treaty  by  the  government 
of  the  United  States,  orders  shall  be  transmitted  to  the  commanders  of  their 
land  and  naval  forces,  requiring  the  latter   (provided  this  treaty  shall  then 
have  been  ratified  by  the  government  of  the  Mexican  republic,  and  the  ratifica- 
tions exchanged)  immediately  to  desist  from  blockading  any  Mexican  ports; 
and  requiring  the  former   (under  the  same  condition)   to  commence,  at  the 
earliest  moment  practicable,  withdrawing  all  troops  of  the  United  States  then 
in  the  interior  of  the  Mexican  Eepublic,  to  points  that  shall  be  selected  by 
common  agreement,   at  a   distance  from  the   seaports  not   exceeding  thirty 
leagues ;  and  such  evacuation  of  the  interior  of  the  republic  shall  be  completed 
with  the  least  possible  delay :  the  Mexican  government  hereby  binding  itself  to 
afford  every  facility  in  its  power  for  rendering  the  same  convenient  to  the 
troops,  on  their  march  and  in  their  new  positions,  and  for  promoting  a  good  un- 
derstanding between  them  and  the  inhabitants.    In  like  manner,  orders  shall 
be  dispatched  to  the  persons  in  charge  of  the  custom-houses  at  all  the  ports 
occupied  by  the  forces  of  the  United  States,  requiring  them  (under  the  same 
condition)  immediately  to  deliver  possession  of  the  same  to  the  persons  author- 
ized by  the  Mexican  government  to  receive  it,  together  with  all  bonds  and 
evidences  of  debt  for  duties  on  importations  and  on  exportations,  not  yet  fallen 
due.    Moreover,  a  faithful  and  exact  account  shall  be  made  out,  showing  the 
entire  amount  of  all  duties  on  imports  and  on  exports,  collected  at  such  cus- 
tom-houses or  elsewhere  in  Mexico,  by  authority  of  the  United  States,  from 
and  after  the  day  of  the  ratification  of  this  treaty  by  the  government  of  the 
Mexican  Republic ;  and  also  on  account  of  the  cost  of  collection ;  and  such  en- 
tire amount,  deducting  only  the  cost  of  collection,  shall  be  delivered  to  the 
Mexican  government,  at  the  city  of  Mexico,  within  three  months  after  the  ex- 
change of  ratifications. 

The  evacuation  of  the  capital  of  the  Mexican  Republic  by  the  troops  of  the 
United  States,  in  virtue  of  the  above  stipulation,  shall  be  completed  within  one 
month  after  the  orders  there  stipulated  for  shall  have  been  received  by  the 
commander  of  said  troops,  or  sooner,  if  possible. 

Article  IV. 
Immediately  after  the  exchange  of  ratifications  of  the  present  treaty,  all 
castles,  forts,  territories,  places,  and  possessions,  which  have  been  taken  or 
occupied  by  the  forces  of  the  United  States  during  the  present  war  within  the 
limits  of  the  Mexican  Republic,  as  about  to  be  established  by  the  following 
article,  shall  be  definitely  restored  to  the  said  republic,  together  with  all  the 
artillery,  arms,  apparatus  of  war,  munitions,  and  other  public  property,  which 
were  in  the  said  castles  and  forts  when  captured,  and  which  shall  remain 
there  at  the  time  when  this  treaty  shall  be  duly  ratified  by  the  government 
of  the  Mexican  Republic.  To  this  end,  immediately  upon  the  signature  of 
this  treaty,  orders  shall  be  dispatched  to  the  American  officers  commanding 
such  castles  and  forts,  securing  against  the  removal  or  destruction  of  any  such 
artillery,  arms,  apparatus  of  war,  munitions,  or  other  public  property.     The 


XXX  TREATY    OP    GUADALUPE    HIDALGO. 

city  of  iMexico,  within  the  inner  line  of  intrenehments  surrounding  the  said  city, 
is  comprehended  in  the  above  stipulations  as  regards  the  restoration  of  artil- 
lery, apparatus  of  war,  et  cetera. 

The  final  evacuation  of  the  territory  of  the  Mexican  Kepuhlic,  by  the  forces 
of  the  United  States,  shall  be  completed  in  three  months  from  the  said  exchange 
of  ratifications,  or  sooner,  if  possible :  the  Mexican  government  hereby  engag- 
ing, as  in  the  foregoing  article,  to  use  all  means  in  its  power  for  facilitating 
such  evacuation,  and  rendering  it  convenient  to  the  troops,  and  for  promoting 
a  good  understanding  between  them  and  the  inhabitants. 

If,  however,  the  ratification  of  this  treaty  by  both  parties  should  not  take 
place  in  time  to  allow  the  embarkation  of  the  troops  of  the  United  States  to  be 
completed  before  the  commencement  of  the  sickly  season,  at  the  ]\Iexican 
ports  on  the  Gulf  of  Mexico,  in  such  ease  a  friendly  arrangement  shall  be  en- 
tered into  between  the  general-in-chief  of  the  said  troops  and  the  Mexican  gov- 
ernment, whereby  healthy  and  otherwise  suitable  places,  at  a  distance  from 
the  ports  not  exceeding  thirty  leagues,  shall  be  designated  for  the  residence 
of  such  troops  as  may  not  yet  have  embarked,  until  the  return  of  the  healthy 
season.  And  the  space  of  time  here  referred  to  as  comprehending  the  sickly 
season,  shall  be  understood  to  extend  from  the  first  daj^  of  ]\Iay  to  the  first  day 
of  November. 

All  prisoners  of  war  taken  on  either  side,  on  land  or  on  sea,  shall  be  restored 
as  soon  as  practicable  after  the  exchange  of  ratifications  of  this  treaty.  It  is 
also  agreed  that  if  any  Mexicans  should  now  be  held  as  captives  by  any  savage 
tribe  within  the  limits  of  the  United  States,  as  about  to  be  established  by  the 
foUoAving  article,  the  government  of  the  said  United  States  will  exact  the 
release  of  such  captives,  and  cause  them  to  be  restored  to  their  country. 

Article    V. 

The  boundary  line  between  the  two  republics  shall  commence  in  the  Gulf 
of  Mexico,  three  leagues  from  land,  opposite  the  mouth  of  the  Rio  Grande, 
otherwise  called  Rio  Bravo  del  Norte,  or  opposite  the  mouth  of  its  deepest 
branch,  if  it  should  have  more  than  one  branch  emptying  directly  into  the  sea ; 
from  thence  up  the  middle  of  that  river,  following  the  deepest  channel,  where  it 
has  more  than  one,  to  the  point  where  it  strikes  the  southern  boundary  of  New 
Mexico ;  thence,  westwardly,  along  the  whole  southern  boundary  of  New  IMexico 
(which  runs  north  of  the  town  called  Paso)  to  its  western  termination;  thence, 
northward,  along  the  western  line  of  New  Mexico,  until  it  intersects  the  first 
branch  of  the  river  Gila  (or  if  it  should  not  intersect  any  branch  of  that 
river,  then  to  the  point  on  the  said  line  nearest  to  such  branch,  and  thence  in 
a  direct  line  to  the  same)  ;  thence  down  the  middle  of  the  said  branch  and  of  the 
said  river,  until  it  empties  into  the  Rio  Colorado ;  thence  across  the  Rio  Colo- 
rado, following  the  division  line  between  Upper  and  Lower  California,  to  the 
Pacific  Ocean. 

The  southern  and  western  limits  of  New  Mexico,  mentioned  in  this  article, 
are  those  laid  down  in  the  map  entitled  "Map  of  the  United  Mexican  States, 
as  organized  and  defined  by  various  acts  of  the  Congress  of  said  Republic,  and 
constructed  according  to  the  best  Authorities.  Revised  edition.  Published  at 
New  York,  in  eighteen  hundred  and  forty-seven,  by  J.  Disturnell."    Of  which 


TREATY    OF    GUADALUPE    HIDALGO.  xxxl 

map  a  copy  is  added  to  this  treaty,  bearing  the  signatures  and  seals  of  the  un- 
dersigned plenipotentiaries.  And,  in  order  to  preclude  all  difficulty  in  tracing 
upon  the  ground  the  limit  separating  Upper  from  Lower  California,  it  is  agreed 
that  the  said  limit  shall  consist  of  a  straight  line  drawn  from  the  middle  of  the 
Rio  Gila,  where  it  unites  with  the  Colorado,  to  a  point  on  the  coast  of  the  Pa- 
cific Ocean  distant  one  marine  league  due  south  of  the  southernmost  point  of 
the  port  of  San  Diego,  according  to  the  plan  of  said  port  made  in  the  year  seven- 
teen hundred  and  eighty-two  by  Don  Juan  Pantoja,  second  sailing  master  of  the 
Spanish  fleet,  and  published  at  Madrid  in  the  year  eighteen  hundred  and  two, 
in  the  atlas  of  the  voyage  of  the  schooners  Sutil  and  Mexicana,  of  which  plan 
a  copy  is  hereunto  added,  signed  and  sealed  by  the  respective  plenipoten- 
tiaries. 

In  order  to  designate  the  boundary  line  with  due  precision,  upon  authorita- 
tive maps,  and  to  establish  upon  the  ground  landmarks  which  shall  show  the 
limits  of  both  republics,  as  described  in  the  present  article,  the  two  governments 
shall  each  appoint  a  commissioner  and  a  surveyor,  who,  before  the  expiration 
of  one  year  from  the  date  of  the  exchange  of  ratifications  of  this  treaty,  shall 
meet  at  the  port  of  San  Diego,  and  proceed  to  run  and  mark  the  said  boundary 
in  its  whole  course  to  the  mouth  of  the  Rio  Bravo  del  Norte.  They  shall  keep 
journals  and  make  out  plans  of  their  operations;  and  the  result  agreed  upon 
by  them  shall  be  deemed  a  part  of  this  treaty,  and  shall  have  the  same  force 
as  if  it  were  inserted  therein.  The  two  governments  will  amicably  agree  re- 
garding what  may  be  necessary  to  these  persons,  and  also  as  to  their  respective 
escorts,  should  such  be  necessary. 

The  boundary  line  established  by  this  article  shall  be  religiously  respected 
by  each  of  the  two  republics,  and  no  change  shall  ever  be  made  therein,  except 
by  the  express  and  free  consent  of  both  nations,  lawfully  given  by  the  general 
government  of  each,  in  conformity  with  its  own  constitution. 

Article  VI. 

The  vessels  and  citizens  of  the  United  States  shall,  in  all  time,  have  a  free  and 
uninterrupted  passage  by  the  Gulf  of  California,  and  by  the  River  Colorado  be- 
low its  confluence  with  the  Gila,  to  and  from  their  possessions  situated  north  of 
the  boundal-y  line  defined  in  the  preceding  article ;  it  being  understood  that  this 
passage  is  to  be  by  navigating  the  Gulf  of  California  and  the  River  Colorado, 
and  not  by  land,  without  the  express  consent  of  the  Mexican  government. 

If,  by  the  examinations  which  may  be  made,  it  should  be  ascertained  to  be 
practicable  and  advantageous  to  construct  a  road,  canal,  or  railway,  which 
should  in  whole  or  part  run  upon  the  River  Gila,  or  upon  its  right  or  its  left 
bank,  within  the  space  of  one  marine  league  from  either  margin  of  the  river, 
the  governments  of  both  republics  will  form  an  agreement  regarding  its  con- 
struction, in  order  that  it  may  serve  equally  for  the  use  and  advantage  of  both 
countries. 

Article  VII. 

The  River  Gila,  and  the  part  of  the  Rio  Bravo  del  Norte  lying  below  the 
southern  boundary  of  New  INIexico,  being  agreeably  to  the  fifth  article,  divided 
in  the  middle  between  the  two  republics,  the  navigation  of  the  Gila  and  of  the 
Bravo  below  said  boundary  shall  be  free  and  common  to  the  vessels  and  citi- 


xxxli  TREATY    OF    GUADALUPE    HIDALGO. 

zens  of  both  countries;  and  neither  shall,  without  the  consent  of  the  other, 
construct  any  work  that  may  impede  or  interrupt,  in  whole  or  in  part,  the 
exercise  of  this  right ;  not  even  for  the  purpose  of  favoring  new  methods  of  nav- 
igation. Nor  shall  any  tax  or  contribution,  under  any  denomination  or  title, 
be  levied  upon  vessels  or  persons  navigating  the  same,  or  upon  merchandise  or 
effects  transported  thereon,  except  in  the  case  of  landing  upon  one  of  their 
shores.  If,  for  the  purpose  of  making  the  said  rivers  navigable,  or  for  main- 
taining them  in  such  state,  it  should  be  necessary  or  advantageous  to  establish 
any  tax  or  contribution,  this  shall  not  be  done  without  the  consent  of  both 
governments. 

The  stipulations  contained  in  the  present  article  shall  not  impair  the  terri- 
torial rights  of  either  republic  Avithin  its  established  limits. 

Article  VIII. 

Mexicans  now  established  in  territories  previously  belonging  to  Mexico,  and 
which  remain  for  the  future  within  the  limits  of  the  United  States,  as  defined 
hy  the  present  treaty,  shall  be  free  to  continue  where  they  now  reside,  or  to  re- 
move at  any  time  to  the  Mexican  Republic,  retaining  the  property  which  they 
possess  in  the  said  territories,  or  disposing  thereof,  and  removing  the  proceeds 
wherever  they  please,  without  their  being  subjected,  on  this  account,  to  any 
contribution,  tax,  or  charge  whatever. 

Those  who  shall  prefer  to  remain  in  the  said  territories  may  either  retain  the 
title  and  rights  of  Mexican  citizens,  or  acquire  those  of  citizens  of  the  United 
States.  But  they  shall  be  under  the  obligation  to  make  their  election  within 
one  year  from  the  date  of  the  exchange  of  ratifications  of  this  treaty;  and 
those  who  shall  remain  in  the  said  territories  after  the  expiration  of  that  year, 
without  having  declared  their  intention  to  retain  the  character  of  Mexicans, 
shall  be  considered  to  have  elected  to  become  citizens  of  the  United  States. 

In  the  said  territories,  property  of  every  kind,  now  belonging  to  Mexicans 
not  established  there,  shall  be  inviolably  respected.  The  present  owners,  the 
heirs  of  these,  and  all  Mexicans  who  may  hereafter  acquire  said  property 
by  contract,  shall  enjoy,  with  respect  to  it,  guarantees  equally  ample  as  if  the 
same  belonged  to  citizens  of  the  United  States. 

Article  IX. 
The  Mexicans  who,  in  the  territories  aforesaid,  shall  not  preserve  the  char- 
acter of  citizens  of  the  Mexican  Republic,  conformably  with  what  is  stipu- 
lated in  the  preceding  article,  shall  be  incorporated  into  the  Union  of  the 
United  States,  and  be  admitted  at  the  proper  time  (to  be  judged  by  the  Con- 
gress of  the  United  States)  to  the  enjoyment  of  all  the  rights  of  citizens  of  the 
United  States  according  to  the  principles  of  the  constitution ;  and  in  the  mean- 
time shall  be  maintained  and  protected  in  the  free  enjoyment  of  their  liberty 
and  property,  and  secured  in  the  free  exercise  of  their  religion  without  restric- 
tion. 

Article  X. 

[Stricken  out.] 

Article  XI. 
Considering  that  a  great  part  of  the  territories  which,  bv  the  present  treatv, 
are  to  be  comprehended  for  the  future  within  the  limits  of  the  United  States, 


TREATY    OF    GUADALUPE    HIDALGO.  xxxiil 

is  now  occupied  by  savage  tribes,  who  will  hereafter  be  under  the  exclusive 
control  of  the  government  of  the  United  States,  and  whose  incursions  within 
the  territory  of  Mexico  would  be  prejudicial  in  the  extreme,  it  is  solemnly 
agreed  that  all  such  incursions  shall  be  forcibly  restrained  by  the  govern- 
ment of  the  United  States  whensoever  this  may  be  necessary;  and  that,  when' 
they  cannot  be  prevented,  they  shall  be  punished  by  the  said  government, 
and  satisfaction  for  the  same  shall  be  exacted — all  in  the  same  way,  and  with 
equal  diligence  and  energy,  as  if  the  same  incursions  were  meditated  or  com- 
mitted within  its  own  territory  against  its  own  citizens. 

It  shall  not  be  lawful,  under  any  pretext  whatever,  for  any  inhabitant  of 
the  United  States  to  purchase  or  acquire  any  Mexican,  or  any  foreigner  re- 
siding in  Mexico,  who  may  have  been  captured  by  Indians  inhabiting  the  terri- 
tory of  either  of  the  two  republics,  nor  to  purchase  or  acquire  horses,  mules, 
cattle,  or  property  of  any  kind,  stolen  within  Mexican  territory  by  such  In- 
dians. 

And  in  the  event  of  any  person  or  persons,  captured  within  Mexican  territory 
by  Indians,  being  carried  into  the  territory  of  the  United  States,  the  government 
of  the  latter  engages  and  binds  itself  in  the  most  solemn  manner,  so  soon  as  it 
shall  know  of  such  captives  being  within  its  territory,  and  shall  be  able  so  to  do, 
through  the  faithful  exercise  of  its  influence  and  power,  to  rescue  them,  and 
return  them  to  their  country,  or  deliver  them  to  the  agent  or  representative  of 
the  Mexican  government.  The  Mexican  authorities  will,  as  far  as  practicable, 
give  to  the  government  of  the  United  States  notice  of  such  captures;  and  its 
agent  shall  pay  the  expenses  incurred  in  the  maintenance  and  transmission  of 
the  rescued  captives ;  who,  in  the  meantime,  shall  be  treated  with  the  utmost 
hospitality  by  the  American  authorities  at  the  place  where  they  may  be.  But  if 
the  government  of  the  United  States,  before  receiving  such  notice  from  Mexico, 
should  obtain  intelligence,  through  any  other  channel,  of  the  existence  of  Mexi- 
can captives  within  its  territory,  it  will  proceed  forthwith  to  effect  their  release 
and  delivery  to  the  Mexican  agent  as  above  stipulated. 

For  the  purpose  of  giving  to  these  stipulations  the  fullest  possible  efficacy, 
thereby  affording  the  security  and  redress  demanded  by  their  true  spirit  and 
intent,  the  government  of  the  United  States  will  now  and  hereafter  pass,  without' 
unnecessary  delay,  and  always  vigilantly  enforce,  such  laws  as  the  nature  of  the 
subject  may  require.  And  finally,  the  sacredness  of  this  obligation  shall  never 
be  lost  sight  of  by  the  said  government  when  providing  for  the  removal  of  the 
Indians  from  any  portion  of  the  said  territories,  or  for  its  being  settled  by 
citizens  of  the  United  States;  but  on  the  contrary,  special  care  shall  then  be 
taken  not  to  place  its  Indian  occupants  under  the  necessity  of  seeking  new 
homes,  by  committing  those  invasions  which  the  United  States  have  solemnly 
obliged  themselves  to  restrain. 

Article  XII. 

In  consideration  of  the  extension  acquired  by  the  boundaries  of  the  United 
States,  as  defined  in  the  fifth  article  of  the  present  treaty,  the  government  of 
the  United  States  engages  to  pay  to  that  of  the  Mexican  Republic  the  sum  of 
fifteen  millions  of  dollars. 

Immediately  after  this  treaty  shall  have  been  duly  ratified  by  the  government 

Gen.  Laws — iii 


xxxlT  TREATY    OF    GUADALUPE    HIDALGO. 

of  the  Mexican  Republic,  the  sum  of  three  millions  of  dollars  shall  be  paid  to  the 
said  government  bj^  that  of  the  United  States,  at  the  city  of  Mexico,  in  gold  or 
silver  coin  of  Mexico.  The  remaining  twelve  millions  of  dollars  shall  be  paid 
at  the  same  place,  and  in  the  same  coin,  in  annual  instalments  of  three  millions 
of  dollars  each,  together  with  interest  on  the  same  at  the  rate  of  six  per  centum 
per  annum.  This  interest  shall  begin  to  run  upon  the  whole  sum  of  twelve 
millions  from  the  day  of  the  ratification  of  the  present  treaty  by  the  ^Mexican 
government,  and  the  first  of  the  instalments  shall  be  paid  at  the  expiration  of  one 
year  from  the  same  day.  Together  with  each  annual  instalment,  as  it  falls  due, 
the  whole  interest  accruing  on  such  instalment  from  the  beginning  shall  also 
be  paid. 

Article  XIII. 

The  United  States  engage,  moreover,  to  assume  and  pay  to  the  claimants  all 
the  amounts  now  due  them,  and  those  hereafter  to  become  due,  by  reason  of  the 
claims  already  liquidated,  and  decided  against  the  Mexican  Republic,  under  the 
conventions  between  the  two  republics  severally  concluded  on  the  eleventh  day 
of  April,  eighteen  hundred  and  thirty-nine,  and  on  the  thirtieth  day  of  Jan- 
uary, eighteen  hundred  and  forty-three ;  .so  that  the  ^lexican  Republic  shall  be 
absolutely  exempt  for  the  future  from  all  expenses  whatever  on  account  of  the 
said  claims. 

Article  XIV. 

The  United  States  do  furthermore  discharge  the  ^Mexican  Republic  from  all 
claims  of  citizens  of  the  United  States,  not  heretofore  decided  against  the 
Mexican  government,  which  may  have  arisen  previously  to  the  date  of  the  sig- 
nature of  this  treaty;  which  discharge  shall  be  final  and  perpetual,  whether  the 
said  claims  be  rejected  or  be  allowed  by  the  board  of  commissioners  provided  for 
in  the  following  article,  and  whatever  shall  be  the  total  amount  of  those  allowed. 

Article  XV, 

The  United  States,  exonerating  Mexico  from  all  demands  on  account  of  the 
claims  of  their  citizens  mentioned  in  the  preceding  article,  and  considering  them 
entirely  and  forever  canceled,  whatever  their  amount  may  be,  undertake  to  make 
satisfaction  for  the  same,  to  an  amount  not  exceeding  three  and  one  quarter 
millions  of  dollars.  To  ascertain  the  validity  and  amount  of  those  claims,  a 
board  of  commissioners  shall  be  established  by  the  government  of  the  United 
States,  whose  awards  shall  be  final  and  conclusive:  provided,  that  in  deciding 
upon  the  validity  of  each  claim,  the  board  shall  be  guided  and  governed  by  the 
principles  and  rules  of  decision  prescribed  by  the  first  and  fifth  articles  of  the 
unratified  convention,  concluded  at  the  city  of  Mexico  on  the  twentieth  day  of 
November,  one  thousand  eight  hundred  and  forty-three;  and  in  no  case  shall 
an  award  be  made  in  favor  of  any  claim  not  embraced  by  these  principles  and 
rules. 

If,  in  the  opinion  of  the  said  board  of  commissioners,  or  of  the  claimants,  any 
books,  records,  or  documents  in  the  possession  or  power  of  the  government  of 
the  Mexican  Republic,  shall  be  deemed  necessary  to  the  just  decision  of  any 
claim,  the  commissioners,  or  the  claimants  through  them,  shall,  within  such 
period  as  Congress  may  designate,  make  an  application  in  writing  for  the  same, 
addressed  to  the  Mexican  minister  for  foreign  affairs,  to  be  transmitted  bv  the 


TREATY    OF    GUADALUPE    HIDALGO.  xxxv 

secretary  of  state  of  the  United  States;  and  the  Mexican  government  engages, 
at  the  earliest  possible  moment  after  the  receipt  of  such  demand,  to  cause  any 
of  the  books,  records,  or  documents,  so  specified,  which  shall  be  in  their  possession 
or  power  (or  authenticated  copies  or  extracts  of  the  same),  to  be  transmitted 
to  the  said  secretary  of  state,  who  shall  immediately  deliver  them  over  to  the 
said  board  of  commissioners;  provided,  that  no  such  application  shall  be  made 
by,  or  at  the  instance  of,  any  claimant,  until  the  facts  which  it  is  expected  to 
prove  by  such  books,  records,  or  documents,  shall  have  been  stated  under  oath 
or  affirmation. 

Aeticle  XVI. 

Each  of  the  contracting  parties  reserves  to  itself  the  entire  right  to  fortify 
whatever  point  within  its  territory  it  may  judge  proper  so  to  fortify,  for  its 
security. 

Article  XVII. 

The  treaty  of  amity,  commerce,  and  navigation,  concluded  at  the  City  of 
Mexico  on  the  fifth  day  of  April,  in  the  year  of  our  Lord  eighteen  hundred  and 
thirty-one,  between  the  United  States  of  America  and  the  United  Mexican  States, 
.except  the  additional  article,  and  except  so  far  as  the  stipulations  of  the  said 
treaty  may  be  incompatible  with  any  stipulation  contained  in  the  present  treaty, 
is  hereby  revived  for  the  period  of  eight  years  from  the  day  of  the  exchange  of 
ratifications  of  this  treaty,  Avith  the  same  force  and  virtue  as  if  incorporated 
therein ;  it  being  understood  that  each  of  the  contracting  parties  reserves  to 
itself  the  right,  at  any  time  after  the  said  period  of  eight  years  shall  have 
expired,  to  terminate  the  same  by  giving  one  year's  notice  of  such  intention  to 
the  other  party. 

Article  XVIII. 

All  supplies  whatever,  for  troops  of  the  United  States  in  Mexico,  arriving  at 
ports  in  the  occupation  of  such  troops  previous  to  the  final  evacuation  thereof, 
although  subsequently  to  the  restoration  of  the  custom-houses  at  such  ports, 
shall  be  entirely  exempt  from  duties  and  charges  of  any  kind;  the  government 
of  the  United  States  hereby  engaging  and  pledging  its  faith  to  establish,  and 
vigilantly  to  enforce  all  possible  guards  for  securing  the  revenue  of  Mexico,  by 
preventing  the  importation,  under  cover  of  this  stipulation,  of  any  articles  other 
than  such,  both  in  kind  and  quantity,  as  shall  really  be  wanted  for  the  use  and 
consumption  of  the  forces  of  the  United  States  during  the  time  they  may  remain 
in  Mexico.  To  this  end,  it  shall  be  the  duty  of  all  officers  and  agents  of  the 
United  States  to  denounce  to  the  Mexican  authorities  at  the  respective  ports 
any  attempts  at  a  fraudulent  abuse  of  this  stipulation  which  they  may  know  of 
or  may  have  reason  to  suspect,  and  to  give  to  such  authorities  all  the  aid  in  their 
power  with  regard  thereto :  and  every  such  attempt,  when  duly  proved  and  estab- 
lished by  sentence  of  a  competent  tribunal,  shall  be  punished  by  the  confiscation 
of  the  property  so  attempted  to  be  fraudulently  introduced. 

Article  XIX. 
AVith  respect  to  all  merchandise,  effects,  and  property  whatsoever,  imported 
into  ports  of  Mexico  whilst  in  the  occupation  of  the  forces  of  the  United  States, 
whether  by  citizens  of  either  republic,  or  by  citizens  or  subjects  of  any  neutral 
nation,  the  following  rules  shall  be  observed : — 


xxx\-i  TREATY    OF    GUADALUPE    HIDAUGO, 

1.  All  such  merchandise,  effects,  and  property,  if  imported  previously  to  the 
restoration  of  the  custom-houses  to  the  Mexican  authorities,  as  stipulated  for  in 
the  third  article  of  this  treaty,  shall  be  exempt  from  confiscation,  although  the 
importation  of  the  same  be  prohibited  by  the  Mexican  tariff. 

2.  The  same  perfect  exemption  shall  be  enjoyed  by  all  such  merchandise, 
effects,  and  property,  imported  subsequently  to  the  restoration  of  the  custom- 
houses, and  previously  to  the  sixty  days  fixed  in  the  following  article  for  the 
coming  into  force  of  the  Mexican  tariff  at  such  ports  respectively ;  the  said  mer- 
chandise, effects,  and  property  being,  however,  at  the  time  of  their  importation, 
subject  to  the  payment  of  duties,  as  provided  for  in  the  said  following  article. 

3.  All  merchandise,  effects,  and  property  described  in  the  two  rule.s  foregoing 
shall,  during  their  continuance  at  the  place  of  importation,  and  upon  their  leav- 
ing .such  place  for  the  interior,  be  exempt  from  all  duty,  tax,  or  impost  of  every 
kind,  under  whatsoever  title  or  denomination.  Nor  shall  tlit\v  bo  thoi-e  sub- 
jected to  any  charge  whatsoever  upon  the  sale  thereof. 

4.  All  merchandise,  effects,  and  property  described  in  the  first  and  second 
rules,  which  shall  have  been  removed  to  any  place  in  the  interior  whilst  such 
place  was  in  the  occupation  of  the  forces  of  the  United  States,  shall,  during  their ^ 
continuance  therein,  be  exempt  from  all  tax  upon  the  sale  or  consumption 
thereof,  and  from  every  kind  of  impost  or  contribution,  under  whatsoever  title 
or  denomination. 

5.  But  if  any  merchandise,  effects,  or  property  described  in  the  first  and  sec- 
ond rules,  shall  be  removed  to  any  place  not  occupied  at  the  time  by  the  forces 
of  the  United  States,  they  shall,  upon  their  introduction  into  such  place,  or  upon 
their  sale  or  consumption  there,  be  subject  to  the  same  duties  which,  under  th^r 
Mexican  laws,  they  would  be  required  to  pay  in  such  eases  if  they  had  been" 
imported  in  time  of  peace,  through  the  maritime  custom-houses,  and  had  there 
paid  the  duties  conformably  with  the  Mexican  tariff. 

6.  The  owners  of  all  merchandise,  effects,  or  property  described  in  the  firsL 
and  second  rules,  and  existing  in  any  port  of  ^lexico,  shall  have  the  right  to 
reship  the  same,  exempt  from  all  tax,  impost,  or  contribution  whatever. 

With  respect  to  the  metals,  or  other  property,  exported  from  any  Mexican  port 
whilst  in  the  occupation  of  the  forces  of  the  United  States,  and  previously  to  the 
restoration  of  the  custom-house  of  such  port,  no  person  shall  be  required  by 
the  Mexican  authorities,  whether  general  or  state,  to  pay  any  tax,  duty,  or  con- 
tribution upon  any  such  exportation,  or  in  any  manner  to  account  for  the  same 
to  the  said  authorities. 

Article  XX. 
Through  consideration  for  the  interests  of  commerce  generally,  it  is  agreed, 
that  if  less  than  sixty  days  should  elapse  between  the  date  of  the  signature  of 
this  treaty  and  the  restoration  of  the  custom-houses  conformably  with  the 
stipulation  in  the  third  article,  in  such  case  all  merchandise,  effects,  and  property 
whatsoever,  arriving  at  the  Mexican  ports  after  the  restoration  of  the  said 
custom-houses,  and  previously  to  the  expiration  of  sixty  days  after  the  day  of 
the  signature  of  thLs  treaty,  shall  be  admitted  to  entry;  and  no  other  duties 
shall  be  levied  thereon  than  the  duties  established  by  the  tariff  found  in  force  at 
such  custom-houses  at  the  time  of  the  restoration  of  the  same.     And  to  all  such 


TREATY    OF    GUADALUPE    HIDALGO.  xxxvli 

merchandise,  effects,  and  property,  the  rules  established  by  the  preceding  article 
shall  apply. 

Article  XXI. 
If  unhappily  any  disagreement  should  hereafter  arise  between  the  govern- 
ments of  the  two  republics,  whether  with  respect  to  the  interpretation  of  any 
stipulation  in  this  treaty,  or  with  respect  to  any  other  particular  concerning  the 
political  or  commercial  relations  of  the  two  nations,  the  said  governments,  in 
the  name  of  those  nations,  do  promise  to  each  other  that  they  will  endeavor,  in 
the  most  sincere  and  earnest  manner,  to  settle  the  differences  so  arising,  and  to 
preserve  the  state  of  peace  and  friendship  in  which  the  two  countries  are  now 
placing  themselves ;  using,  for  this  end,  mutual  representations  and  pacific  nego- 
tiations. And  if,  by  the.se  means,  they  should  not  be  enabled  to  come  to  an  agree- 
ment, a  resort  shall  not,  on  this  account,  be  had  to  reprisals,  aggression,  or  hos- 
tility of  any  kind,  by  the  one  republic  against  the  other,  until  the  government  of 
that  which  deems  itself  aggrieved  shall  have  maturely  considered,  in  the  spirit 
of  peace  and  good  neighborship,  whether  it  would  not  be  better  that  such  differ- 
ence should  be  settled  by  the  arbitration  of  commissioners  appointed  on  each  side, 
or  by  that  of  a  friendly  nation.  And  should  such  course  be  proposed  by  either 
party,  it  shall  be  acceded  to  by  the  other,  unless  deemed  by  it  altogether  incom- 
patible with  the  nature  of  the  difference,  or  the  circumstances  of  the  case. 

Article  XXII. 

If  (which  is  not  to  be  expected,  and  which  God  forbid!)  war  should  unhappily 
break  out  between  the  two  republics,  they  do  now,  with  a  view  to  such  calamity, 
solemnly'  pledge  themselves  to  each  other  and  to  the  world,  to  observe  the 
following  rules,  absolutely,  where  the  nature  of  the  subject  permits,  and  as 
closely  as  possible  in  all  cases  where  such  absolute  observance  shall  be  im- 
possible : 

1.  The  merchants  of  either  republic  then  residing  in  the  other  shall  be  allowed 
to  remain  twelve  months  (for  those  dwelling  in  the  interior),  and  six  months 
(for  those  dwelling  at  seaports),  to  collect  their  debts  and  settle  their  affairs; 
during  which  periods  they  shall  enjoy  the  same  protection  and  be  on  the  same 
footing,  in  all  respects,  as  the  citizens  or  subjects  of  the  most  friendly  nations; 
and.  at  the  expiration  thereof,  or  at  any  time  before,  they  shall  have  full 
liberty  to  depart,  carrying  off  all  their  effects  without  molestation  or  hindrance ; 
conforming  therein  to  the  same  laws  which  the  citizens  or  subjects  of  the  most 
friendly  nations  are  required  to  conform  to.  Upon  the  entrance  of  the  armies 
of  either  nation  into  the  territories  of  the  other,  women  and  children,  ecclesi- 
astics, scholars  of  every  faculty,  cultivators  of  the  earth,  merchants,  artisans, 
manufacturers,  and  fishermen,  unarmed  and  inhabiting  unfortified  towns,  vil- 
lages, or  places,  and  in  general  all  persons  whose  occupations  are  for  the  common 
subsistence  and  benefit  of  mankind,  shall  be  allowed  to  continue  their  respective 
employments  unmolested  in  their  persons.  Nor  shall  their  houses  or  goods  be 
burned  or  otherwise  destroyed,  nor  their  cattle  taken,  nor  their  fields  wasted  by 
the  armed  force  into  whose  power,  by  the  events  of  war,  they  may  happen  to  fall ; 
but  if  the  necessity  arise  to  take  anything  from  them  for  the  use  of  such  armed 
force,  the  same  shall  be  paid  for  at  an  equitable  price.  All  churches,  ho.spitals, 
schools,  colleges,  libraries,  and  other  establishments  for  charitable  and  benefi- 


xxx^nii  TREATY    OF    GUADALUPE    HIDALGO. 

cent  purposes,  shall  be  respected,  and  all  persons  connected  with  the  same  pro- 
tected in  the  discharge  of  their  duties  and  the  pursuit  of  their  vocations. 

2.  In  order  that  the  fate  of  prisoners  of  war  may  be  alleviated,  all  such  prac- 
tices as  those  of  sending  them  into  distant,  inclement,  or  unwholesome  districts, 
or  crowding  them  into  close  and  noxious  places,  shall  be  studiously  avoided. 
They  shall  not  be  confined  in  dungeons,  prison-ships,  or  prisons ;  nor  be  put  in 
irons,  or  bound,  or  otherwise  restrained  in  the  use  of  their  limbs.  The  ofiQcers 
shall  enjoy  liberty  on  their  paroles,  within  convenient  districts,  and  have  com- 
fortable quarters;  and  the  common  soldiers  shall  be  disposed  in  cantonments, 
open  and  extensive  enough  for  air  and  exercise,  and  lodged  in  barracks  as  roomy 
and  good  as  are  provided  by  the  party  in  whose  power  thej'  are,  for  its  own 
troops.  But  if  any-  officer  shall  break  his  parole  by  leaving  the  district  so 
assigned  him,  or  any  other  prisoner  shall  escape  from  the  limits  of  his  canton- 
ment, after  they  shall  have  been  designated  to  him,  such  individual,  officer,  or 
other  prisoner  shall  forfeit  so  much  of  the  benefit  of  this  article  as  provides  for 
his  liberty  on  parole  or  in  cantonment.  And  if  any  officer  so  breaking  his  parole, 
or  any  common  soldier  so  escaping  from  the  limits  assigned  him,  shall  after- 
wards be  found  in  arms,  previously  to  his  being  regularly  exchanged,  the  person 
so  offending  shall  be  dealt  with  according  to  the  established  laws  of  war.  The 
officers  shall  be  daily  furnished  by  the  party  in  whose  power  they  are,  with 
as  many  rations,  and  of  the  same  articles,  as  are  allowed,  either  in  kind  or  by 
commutation,  to  officers  of  equal  rank  in  its  own  army;  and  all  others  shall  be 
daily  furnished  with  such  ration  as  is  allowed  to  a  common  soldier  in  its  own 
service:  the  value  of  all  which  supplies  shall,  at  the  close  of  the  war,  or  at  periods 
to  be  agreed  upon  between  the  respective  commanders,  be  paid  by  the  other 
party  on  a  mutual  adjustment  of  accounts  for  the  subsistence  of  prisoners ;  and 
such  accounts  shall  not  be  mingled  with  or  set  off  against  any  others,  nor  the 
balance  due  on  them  be  Avithheld,  as  a  compensation  or  reprisal  for  any  cause 
whatever,  real  or  pretended.  Each  party  shall  be  allowed  to  keep  a  commissary 
of  prisoners,  appointed  by  itself,  with  every  cantonment  of  prisoners,  in  pos- 
session of  the  other;  which  commissary  shall  see  the  prisoners  as  often  as  he 
pleases;  shall  be  allowed  to  receive,  exempt  from  all  duties  or  taxes,  and  to 
distribute,  whatever  comforts  may  be  sent  to  them  by  their  friends;  and  shall 
be  free  to  transmit  his  reports  in  open  letters  to  the  party  by  whom  he  is 
employed. 

And  it  is  declared  that  neither  the  pretense  that  war  dissolves  all  treaties,  nor 
any  other  whatever,  shall  be  considered  as  annulling  or  suspending  the  solemn 
covenant  contained  in  this  article.  On  the  contrary,  the  state  of  war  is  pre- 
cisely that  for  which  it  is  provided;  and  during  which  its  stipulations  are  to 
be  as  sacredly  observed  as  the  most  acknowledged  obligations  under  the  law 
of  nature  or  nations. 

Article  XXIII. 
This  treaty  .shall  be  ratified  by  the  president  of  the  United  States  of  America, 
by  and  with  the  advice  and  consent  of  the  senate  thereof ;  and  by  the  president 
of  the  Mexican  Republic,  with  the  previous  approbation  of  its  general  Congress; 
and  the  ratifications  shall  be  exchanged  in  the  city  of  Washington,  or  at  the  seat 
of  government  of  Mexico,  in  four  months  from  the  date  of  the  signature  hereof, 
or  sooner  if  practieablo.  ^ 


TREATY    OP    GUADALUPE    HIDAUGO.  xxxix 

In  faith  whereof,  we,  the  respective  plenipotentiaries,  have  signed  this  treaty 
of  peace,  friendship,  limits,  and  settlement;  and  have  hereunto  affixed  our  seals 
respectively. 

Done  in  quintuplicate,  at  the  city  of  Guadalupe  Hidalgo,  on  the  second  day 
of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  forty-eight. 

N.  P.  TRIST,  [L.  S.] 

LUIS  G.  CUEVAS,  [L.  S.] 

BERNARDO  COUTO,  [L.  S.] 

MIGL.  ATRISTAN,  [L.  S.] 

And  whereas  the  said  treaty,  as  amended,  has  been  duly  ratified  on  both  parts, 
and  the  respective  ratifications  of  the  same  were  exchanged  at  Queretaro  on  the 
thirtieth  day  of  .Alay  last,  by  Ambrose  H.  Sevier  and  Nathan  Clifford,  com- 
missioners on  the  part  of  the  government  of  the  United  States,  and  by  Sefior 
Don  Luis  de  la  Rosa,  minister  of  relations  of  the  Mexican  Republic,  on  the 
part  of  that  government : 

Now,  therefore,  be  it  known,  that  I,  James  K.  Polk,  president  of  the  United 
States  of  America,  have  caused  the  said  treaty  to  be  made  public,  to  the  end  that 
the  same  and  every  clause  and  article  thereof  may  be  observed  and  fulfilled 
with  good  faith  by  the  United  States  and  the  citizens  thereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  affixed. 

Done  at  the  city  of  AVashington,  this  fourth  day  of  July,  one  thou- 
[L.  S.]  sand  eight  hundred  and  forty-eight,  and  of  the  Independence  o^ 

the  United  States  the  seventj'-third. 

JAMES  K.  POLK. 
By  the  President: 

JAMES  BUCHANAN,  Secretary  of  State. 


ARTICLES    REFERRED    TO  IN    THE    FIFTEENTH    ARTICLE    OF    THE 

PRECEDING  TREATY. 

FIRST  AND  FIFTH  ARTICLES  OF  THE  UNRATIFIED  CONVENTION 
BETWEEN  THE  UNITED  STATES  AND  THE  MEXICAN  REPUBLIC 
OF    THE    TWENTIETH    OF    NOVEMBER,  EIGHTEEN    HUNDRED 
,     AND  FORTY-THREE. 

Article  I. 

All  claims  of  citizens  of  the  Mexican  Republic  again.st  the  government  of  the 
United  States,  which  .shall  be  presented  in  the  manner  and  time  hereinafter 
expressed,  and  all  claims  of  citizens  of  the  United  States  against  the  govern- 
ment of  the  I\Iexican  Republic,  Avhich  for  whatever  cause  were  not  submitted  to, 
nor  considered  nor  finally  decided  by,  the  commission,  nor  by  the  arbiter  ap- 
pointed by  the  convention  of  eighteen  hundred  and  thirty-nine,  and  which  shall 
be  presented  in  the  manner  and  time  hereinafter  specified,  shall  be  referred  to 
four  commissioners,  who  shall  form  a  board,  and  shall  be  appointed  in  the 
following  manner,  that  is  to  say:  Two  commissioners  shall  be  appointed  by 
the  president  of  the  Mexican  Republic,  and  the  other  two  by  the  president  of  the 


xl  TREATY    OF    GUADALUPE    HIDALGO. 

United  States,  with  the  approbation  and  consent  of  the  senate.  The  said  com- 
missioners, thus  appointed,  shall,  in  the  presence  of  each  other,  take  an  oath 
to  examine  and  decide  impartially  the  claims  submitted  to  them,  and  which 
may  lawfully  be  considered,  according  to  the  proofs  which  shall  be  presented, 
the  principles  of  right  and  justice,  the  law  of  nations,  and  the  treaties  between 
the  two  republics. 

Article  V. 
All  claims  of  citizens  of  the  United  States  against  the  government  of  the 
Mexican  Republic,  which  were  considered  by  the  commissioners,  and  referred 
to  the  umpire  appointed  under  the  convention  of  the  eleventh  of  April,  eighteen 
hundred  and  thirty-nine,  and  which  were  decided  by  him,  shall  be  referred 
to,  and  decided  by,  the  umpire  to  be  appointed,  as  provided  by  this  convention, 
on  the  points  submitted  to  the  umpire  under  the  late  convention,  and  his  decision 
shall  be  final  and  conclusive.  It  is  also  agreed  that,  if  the  respective  commis- 
sioners shall  deem  it  expedient,  they  may  submit  to  the  said  arbiter  new  argu- 
ments upon  the  said  claims. 


\ 


PROCIiAMATION    TO    THE    PEOPLE    OF    CAIilFORWIA.  acU 

PROCLAMATION   TO   THE   PEOPLE   OF   CALIFORNIA. 

I. 

PROCLAMATION, 
CALLING  A  CONVENTION  TO  FORM  A  STATE  CONSTITUTION  FOR 

CALIFORNIA. 

Congress  having  failed,  at  its  recent  session,  to  provide  a  new  government  for 
this  country,  to  replace  that  which  existed  on  the  annexation  of  California  to  the 
United  States,  the  undersigned  would  call  attention  to  the  means  which  he 
deems  best  calculated  to  avoid  the  embarrassments  of  our  present  position. 

The  undersigned,  in  accordance  with  instructions  from  the  secretary  of  war, 
has  assumed  the  administration  of  civil  affairs  in  California,  not  as  a  military 
governor,  but  as  the  executive  of  the  existing  civil  government.  In  the  absence 
of  a  properly  appointed  civil  governor,  the  commanding  officer  of  the  department 
is,  by  the  laws  of  California,  ex  officio  civil  governor  of  the  country,  and  the 
instructions  from  Washington  were  based  on  the  provisions  of  these  laws.  This 
subject  has  been  misrepresented,  or  at  least  misconceived,  and  currency  given  to 
the  impression  that  the  government  of  the  country  is  still  military.  Such  is  not 
the  fact.  The  military  government  ended  with  the  war,  and  what  remains  is  the 
civil  government  recognized  in  the  existing  laws  of  California.  Although  the 
command  of  the  troops  in  this  department,  and  the  administration  of  civil  affairs 
in  California,  are,  by  the  existing  laws  of  the  country,  and  the  instructions  of  the 
president  of  the  United  States,  temporarily  lodged  in  the  hands  of  the  same 
individual,  they  are  separate  and  distinct.  No  military  officer,  other  than  the 
commanding  general  of  the  department,  exercises  any  civil  authority  by  virtue 
of  his  military  commission,  and  the  powers  of  the  commanding  general,  as 
ex  officio  governor,  are  only  such  as  are  defined  and  recognized  in  the  existing 
laws.  The  instructions  of  the  secretary  of  war  make  it  the  duty  of  all  military 
officers  to  recognize  the  existing  civil  government,  and  to  aid  its  officers  with 
the  military  force  under  their  control.  Beyond  this,  any  interference  is  not 
only  uncalled  for,  but  strictly  forbidden. 

The  laws  of  California,  not  inconsistent  with  the  laws,  constitution,  and 
treaties  of  the  United  States,  are  still  in  force,  and  must  continue  in  force  until 
changed  by  competent  authority.  Whatever  may  be  thought  of  the  right  of  the 
people  to  temporarily  replace  the  officers  of  the  existing  government  by  others 
appointed  by  a  provisional  territorial  legislature,  there  can  be  no  question  that 
the  existing  laws  of  the  country  must  continue  in  force  till  replaced  by  others 
made  and  enacted  by  competent  power.  That  power,  by  the  treaty  of  peace,  as 
well  as  from  the  nature  of  the  ease,  is  vested  in  Congress.  The  situation  of 
California,  in  this  respect,  is  very  different  from  that  of  Oregon.  The  latter  was 
without  laws,  while  the  former  has  a  system  of  laws,  which,  though  somewhat 
defective,  and  requiring  many  changes  and  amendments,  must  continue  in  force 
till  repealed  by  competent  legislative  power.  The  situation  of  California  is 
almost  identjpal  with  that  of  Louisiana ;  and  the  decisions  of  the  supreme  court, 
in  recognizing  the  validity  of  the  laws  which  existed  in  that  eountrv'^  previous  to 
its  annexation  to  the  United  States,  where  not  inconsistent  with  the  constitution 


xlii  PROCLAMATION    TO    THE    PEOPLE    OF    CALIFORNIA. 

and  laws  of  the  United  States,  or  repealed  by  legitimate  legislative  enactments, 
furnish  us  a  clear  and  safe  guide  in  our  present  situation.  It  is  important  that 
citizens  should  understand  this  fact,  so  as  not  to  endanger  their  property  and 
involve  themselves  in  useless  and  expensive  litigation,  by  giving  countenance 
to  persons  claiming  authority  which  is  not  given  them  by  law,  and  by  putting 
faith  in  laws  which  can  never  be  recognized  by  legitimate  courts. 

As  Congress  has  failed  to  organize  a  new  territorial  government,  it  becomes 
our  imperative  duty  to  take  some  active  measures  to  provide  for  the  existing 
wants  of  the  country.  This,  it  is  thought,  may  be  best  accomplished  by  putting 
in  full  vigor  the  administration  of  the  laws  as  they  now  exist,  and  completing 
the  organization  of  the  civil  government,  by  the  election  and  appointment  of  all 
officers  recognized  by  law ;  while,  at  the  same  time,  a  convention,  in  which  all 
parts  of  the  territory  are  represented,  shall  meet  and  frame  a  state  constitution, 
or  a  territorial  organization,  to  be  submitted  to  the  people  for  their  ratification, 
and  then  proposed  to  Congress  for  its  approval.  Considerable  time  will  neces- 
sarily elapse  before  any  new  government  can  be  legitimately  organized  and  put 
in  operation ;  in  the  interim,  the  existing  government,  if  its  organization  be 
completed,  will  be  found  sufficient  for  all  our  temporary  wants. 

A  brief  summary  of  the  organization  of  the  present  government  may  not  be 
uninteresting.  It  consists:  1.  Of  a  governor,  appointed  by  the  supreme  govern- 
ment :  in  default  of  such  appointment,  the  office  is  temporarily  vested  in  the 
commanding  military  officer  of  the  department.  The  powers  and  duties  of 
the  governor  are  of  a  limited  character,  but  fully  defined  and  pointed  out  by  the 
laws.  2.  A  secretary,  whose  duties  and  powers  are  also  properly  defined.  3.  A 
territorial  or  department  legislature,  with  liniitcd  power  to  pass  laws  of  a  local 
character.  4.  A  superior  court  (tribunal  superior)  of  the  territory,  consisting 
of  four  judges  and  a  fiscal.  5.  A  prefect  and  sub-prefects  for  each  district,  who 
are  charged  with  the  preservation  of  public  order  and  the  execution  of  the  laws; 
their  duties  correspond,  in  a  great  measure,  with  those  of  district  marshals  and 
sheriffs.  6.  A  judge  of  finst  instance  for  each  district.  This  office  is,  by  a  custom 
not  inconsistent  with  the  laws,  vested  in  the  finst  alcalde  of  the  district.  7.  Al- 
caldes who  have  concurrent  jurisdiction  among  themselves  in  the  same  district, 
but  are  subordinate  to  the  higher  judicial  tribunals.  8.  Local  justices  of  the 
peace.  9.  Ayuntamientos,  or  town  councils.  The  powers  and  functions  of  all 
these  officers  are  fully  defined  in  the  laws  of  this  country,  and  are  almost  iden- 
tical with  those  of  the  corresponding  offices  in  the  Atlantic  and  western  states. 

In  order  to  complete  this  organization  with  the  least  possible  delay,  the  under- 
signed, in  virtue  of  power  in  him  vested,  does  hereby  appoint  the  first  of  August 
next  as  the  day  for  holding  a  special  election  for  delegates  to  a  general  con- 
vention, and  for  filling  the  offices  of  judges  of  the  superior  court,  prefects 
and  sub-prefects,  and  all  vacancies  in  the  offices  of  first  alcalde  (or  judge  of  first 
instance),  alcaldes,  justices  of  the  peace,  and  town  councils.  The  judges  of  the 
superior  court  and  district  prefects  are  by  law  executive  appointments,  but 
being  desirous  that  the  wishes  of  the  people  .should  be  fully  consulted,  the  gov- 
ernor will  appoint  such  persons  as  may  receive  the  plurality  of  votes  in  their 
respective  districts,  provided  they  are  competent  and  eligible  to  the  office.  Each 
district  will  therefore  elect  a  prefect  and  two  sub-prefects,  and  fill  the  vacancies 
in  the  offices  of  first  alcalde  (or  judge  of  first  instance)  and  of  alcaldes.  One  judge 


PROCLAMATION    TO    THE    PEOPLE    OF    CALIFORNIA.  xliii 

of  the  superior  court  will  be  elected  in  the  districts  of  San  Diego,  Los  Angeles 
and  Santa  Barbara;  one  in  the  district  of  San  Luis  Obispo  and  Monterey;  one 
in  the  districts  of  San  Jose  and  San  Francisco;  and  one  in  the  districts  of 
Sonoma,  Sacramento  and  San  Joaquin.  The  salaries  of  the  judges  of  the  su- 
perior court,  the  prefects  and  judges  of  first  instance,  are  regulated  by  the  gov- 
ernor, but  cannot  exceed,  for  the  first,  four  thousand  dollars  per  annum,  for  the 
second,  two  thousand  five  hundred  dollars,  and  for  the  third,  one  thousand  five 
hundred  dollars.  These  salaries  will  be  paid  out  of  the  civil  fund  which  has 
been  formed  from  the  proceeds  of  the  customs,  provided  no  instructions  to  the 
contrary  are  received  from  AVashington.  The  law  requires  that  the  judges  of  the 
superior  court  meet  within  three  months  after  its  organization,  and  form  a 
tariff  o'f  fees  for  the  different  territorial  courts  and  legal  officers,  including  all 
alcaldes,  justices  of  the  peace,  sheriffs,  constables,  et  cetera. 

All  local  alcaldes,  justices  of  the  peace,  and  members  of  town  councils  elected 
at  the  special  election,  will  continue  in  office  till  the  first  of  January,  one  thou- 
sand eight  hundred  and  fifty,  when  their  places  will  be  supplied  by  the  persons 
who  may  be  elected  at  the  regular  annual  election,  which  takes  place  in  Novem- 
ber, at  which  time  the  election  of  members  to  the  territorial  assembly  will  also 
be  held. 

The  general  convention  for  forming  a  state  constitution  or  a  plan  for  terri- 
torial government,  will  consist  of  thirty-seven  delegates,  who  will  meet  in  Mon- 
t«rey  on  the  first  day  of  September  next.  These  delegates  will  be  chosen  as 
follows : 

The  district  of  San  Diego  will  elect  two  delegates,  of  Los  Angeles  four,  of 
Santa  Barbara  two,  of  San  Luis  Obispo  two,  of  Monterey  five,  of  San  Jose  five, 
of  San  Francisco  five,  of  Sonoma  four,  of  Sacramento  four,  of  San  Joaquin 
four.  Should  any  district  think  itself  entitled  to  a  greater  number  of  delegates 
than  the  above  named,  it  may  elect  supernumeraries,  who,  on  the  organization  of 
the  convention,  will  be  admitted  or  not  at  the  pleasure  of  that  body. 

The  places  for  holding  the  election  will  be  as  follows:  San  Diego,  San  Juan 
Capistrano,  Los  Angeles,  San  Fernando,  San  Buenaventura,  Santa  Barbara, 
Neporaa,  San  Luis  Obispo,  Monterey,  San  Juan  Baptiste,  Santa  Cruz,  San  Jose 
de  Guadalupe,  San  Francisco,  San  Rafael,  Bodega,  Sonoma,  Benicia  (the  places 
for  holding  election  in  the  Sacramento  and  San  Joaquin  districts  will  be  here- 
after designated ) .  The  local  alcaldes  and  members  of  the  ayuntamientos  or  town 
councils,  will  act  as  judges  and  inspectors  of  elections.  In  case  there  should 
be  less  than  three  such  judges  and  inspectors  present  at  each  of  the  places 
designated  on  the  day  of  election,  the  people  will  appoint  some  competent  person 
to  fill  the  vacancies.  The  polls  will  be  open  from  ten  o'clock  a.  m.  to  four  p.  m., 
or  until  sunset,  if  the  judges  deem  it  necessary. 

Every  free  male  citizen  of  the  United  States  and  of  Upper  California,  twenty- 
one  years  of  age,  and  actually  resident  in  the  district  where  the  vote  is  offered, 
will  be  entitled  to  tbe  right  of  suffrage.  All  citizens  of  Lower  California  who 
have  been  forced  to  come  to  this  territory  on  account  of  having  rendered  assist- 
ance to  the  American  troops  during  the  recent  war  with  Mexico,  should  also 
be  allowed  to  vote  in  the  district  where  they  actually  reside. 

Great  care  should  be  taken  by  the  inspectors  that  votes  are  received  only  from 
bona  fide  citizens  actually  resident  in  the  country.    These  judges  and  inspectors. 


^„^  PROCLA3IATION    TO    THE     PEOPLE     OF     CALIFORNI.4, 

previous  to  entering  upon  the  duties  of  their  office,  should  take  an  oath  faithfully 
and  truly  to  perform  these  duties.    The  returns  should  state  distinctly  the  num- 
ber of  votes  received  for  each  candidate,  be  signed  by  the  inspectors,  sealed,  and 
immediately  transmitted  to  the  secretary  of  state  for  file  in  his  office. 
The  following  are  the  limits  of  the  several  districts : 

1.  The  district  of  San  Diego  is  bounded  on  the  south  by  Lower  California,  on 
the  west  by  the  sea,  on  the  north  by  the  parallel  of  latitude  including  the  :Mission 
San  Juan  Capistrano,  and  on  the  east  by  the  Colorado  River. 

2.  The  district  of  Los  Angeles  is  bounded  on  the  south  by  the  district  of  San 
Diego,  on  the  west  by  the  sea,  on  the  north  by  the  Santa  Clara  River,  and  a 
parallel  of  latitude  running  from  the  headwaters  of  that  river  to  the  Colorado. 

3.  The  district  of  Santa  Barbara  is  bounded  on  the  south  by  the  district  of 
Los  Angeles,  on  the  west  by  the  sea,  on  the  north  by  Santa  Ynez  River,  and  a 
parallel  of  latitude  existing  from  the  headwaters  of  tliat  river  to  the  summit  of 
the  Coast  Range  of  mountains. 

4.  The  district  of  San  Luis  Obispo  is  bounded  on  the  south  by  the  district  of 
Santa  Barbara,  on  the  west  by  the  sea,  on  the  north  by  a  parallel  of  latitude 
including  San  Miguel,  and  on  the  east  by  the  Coast  Range  of  mountains. 

5.  The  district  of  Monterey  is  bounded  on  the  south  by  the  district  of  San 
Luis  Obispo,  and  on  the  north  and  east  by  a  line  running  east  from  New  Year's 
Point  to  the  summit  of  the  Santa  Clara  range  of  mountains,  thence  along  the 
summit  of  that  range  to  the  Arroya  de  los  Leagas.  and  a  parallel  of  latitude 
extending  to  the  summit  of  the  Coast  Range,  and  along  that  range  to  the  district 
of  San  Luis  Obispo. 

6.  The  district  of  San  Jose  is  bounded  on  the  north  by  the  straits  of  Car- 
quenas,  the  Bay  of  San  Francisco,  the  arroya  of  San  Francisquito,  and  a 
parallel  of  latitude  to  the  summit  of  Santa  Clara  Mountains,  on  the  west  and 
south  by  the  Santa  Clara  Mountains  and  the  district  of  Monterey,  and  on  the 
east  by  the  Coast  Range. 

7.  The  district  of  San  Francisco  is  bounded  on  the  west  by  the  sea,  on  the 
south  by  the  districts  of  San  Jose  and  ^Monterey,  and  on  the  east  and  north  by 
the  Bay  of  San  Francisco,  including  the  islands  in  that  bay. 

8.  The  district  of  Sonoma  includes  all  the  country  bounded  by  the  sea,  the 
bays  of  San  Francisco  and  Suisun,  the  Sacramento  River  and  Oregon. 

9.  The  district  of  Sacramento  is  boumled  on  the  north  and  west  by  the  Sacra- 
mento River,  on  the  east  by  the  Sierra  Nevada,  and  on  the  south  liy  1lio  Cosnmnes 
River. 

10.  The  district  of  San  Joaquin  includes  all  the  country  south  of  the  Sacra- 
mento district,  and  lying  between  the  Coast  Range  and  the  Sierra  Nevada. 

The  method  here  indicated  to  attain  what  is  desired  by  all,  viz.,  a  more  perfect 
political  organization,  is  deemed  the  most  direct  and  safe  that  can  be  adopted, 
and  one  fully  authorized  by  law.  It  is  the  course  advised  by  the  president,  and 
by  the  secretaries  of  state  and  of  war  of  the  United  States,  and  is  caloulated  to 
avoid  the  innumerable  evils  which  must  necessarily  result  from  any  attempt 
at  illegal  local  legislation.  It  is  therefore  hoped  that  it  will  meet  the  approliation 
of  the  people  of  California,  and  that  all  L'ond  citizons  will  unite  in  ciirryinrr  it 
into  execution. 


PROCLAMATION    TO    THE    PEOPLE     OF    CALIFORNIA.  xlv 

Given  at  Monterey,  California,  this  third  day  of  June,  anno  Domini  one  thou- 
sand eight  hundred  and  forty-nine.  jy    t?tley 

Brevet  Brig.  Gen.  U.  S.  A.,  and  Governor  of  California. 
Official :   H.  AV.  HALLECK, 

Brevet  Capt.  and  Secretary  of  State. 

11. 
PROCLAMATION  TO  THE  PEOPLE  OF  CALIFORNIA. 

The  delegates  of  the  people  assembled  in  convention  have  formed  a  constitu- 
tion, which  is  now  presented  for  your  ratification.  The  time  and  manner  of 
Toting  on  this  constitution,  and  of  holding  the  first  general  election,  are  clearly 
set  forth  in  the  schedule ;  the  whole  subject  is  therefore  left  for  your  unbiased 
and  deliberate  consideration. 

The  prefect  (or  person  exercising  the  functions  of  that  office)  of  each  district 
will  designate  the  places  for  opening  the  polls,  and  give  due  notice  of  the  elec- 
tion, in  accordance  with  the  provisions  of  the  constitution  and  schedule. 

The  people  are  now  called  upon  to  form  a  government  for  themselves,  and  to 
designate  such  officers  as  they  desire  to  make  and  execute  the  laws.  That  their 
choice  may  be  wisely  made,  and  that  the  government  so  organized  may  secure  the 
permanent  welfare  and  happiness  of  the  people  of  the  new  state,  is  the  sincere 
and  earnest  wish  of  the  present  executive,  who,  if  the  constitution  be  ratified, 
will,  with  pleasure,  surrender  his  powers  to  whomsoever  the  people  may  desig- 
nate as  his  successor. 

Given  at  IMonterey,  California,  this  twelfth  day  of  October,  anno  Domini 
eighteen  hundred  and  forty-nine.  -d    t?tley 

B\i:.  Brig.  Gen'l  U.  S.  A.,  and  Governor  of  California. 

Official:    H.  AY.  HALLECK, 

Brev.  Capt.  and  Secretary  of  State. 

III. 

PR0CLA:MATI0N  to  the  people  of  CALIFORNIA. 

A  new  executive  having  been  elected  and  installed  into  office,  in  accordance 
with  the  provisions  of  the  constitution  of  the  state,  the  undersigned  hereby 
resigns  his  powers  as  governor  of  California.  In  thus  dissolving  his  official 
connection  with  the  people  of  this  country,  he  would  tender  to  them  his  heartfelt 
thanks  for  their  many  kind  attentions,  and  for  the  uniform  support  which  they 
have  given  to  the  measures  of  his  administration.  The  principal  object  of  all 
his  wishes  is  now  accomplished — the  people  have  a  government  of  their  own 
choice,  and  one  which,  under  the  favor  of  Divine  Providence,  will  secure  their 
own  prosperity  and  happiness,  and  the  permanent  welfare  of  the  new  state. 

Given  at  San  Jose,  California,  this  twentieth  day  of  December,  anno  Domini 
eighteen  hundred  and  forty-nine.  g    -ott  yy 

Brevet  Brigadier-General  U.  S.  A.,  and  Governor  of  California. 
By  the  Governor:   H.  W.  HALLECK, 

Brevet  Captain  and  Secretary  of  State. 


xlvi  CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA — 1849. 

[Orders,  No.  41.] 
Headquarters  Tenth  ^Military  Department, 
San  Jose,  California,  Dee.  20,  1849. 
The  brigadier-general  commanding  the  department  has  this  day  relinquished 
the  administration  of  civil  affairs  in  California,  to  the  execution  of  the  govern- 
ment organized  under  the  provisions  of  the  constitution,  ratified  by  the  people 
of  California  at  the  recent  general  election. 

Brevet  Captain  II.  "\V.  Hal  leek,  corps  of  engineers,  is  relieved  from  duty  as 
.eeretary  of  state.  By  order  of  GENERAL  EILET. 

ED.  U.  S.  CANBY,  Assistant  Adjutant-General. 


CONSTITUTION  OF  THE  STATE  OF  CALIFORNIA. 

Adopted  by  the  Convention,  October  10,  1849. 
Ratified  by  the  People,  November  13,  1849. 
Proclaimed,  December  20,  1849. 
Amended,  November  4,  1856,  and  September  3.  1862. 

We,  the  people  of  California,  grateful  to  Almighty  God  for  our  freedom,  in 
order  to  secure  its  blessings,  do  establish  this  constitution. 

Article  I. 

declaration   of   RIGIITS. 

§  1.  All  men  are  by  nature  free  and  independent,  and  have  certain  inalien- 
able rights,  among  which  are  those  of  enjoying  and  defending  life  and  liberty; 
acquiring,  possessing  and  protecting  property;  and  pursuing  and  obtaining 
safety  and  happiness. 

§  2.  All  political  power  is  inherent  in  the  people.  Government  is  instituted 
for  the  protection,  security  and  benefit  of  the  people;  and  they  have  the  right 
to  alter  or  reform  the  same,  whenever  the  public  good  may  require  it. 

§  3.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  remain  inviolate 
forever;  but  a  jury  trial  may  be  Avaived  by  the  parties  in  all  civil  cases,  in  the 
manner  to  be  prescribed  by  law. 

§  4.  The  free  exercise  and  enjoyment  of  religious  profession  and  woi-ship, 
without  discrimination  or  preference,  shall  forever  be  allowed  in  this  state; 
and  no  person  shall  be  rendered  incompetent  to  be  a  witness  on  account  of  his 
opinions  on  matters  of  religious  belief;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify 
practices  inconsistent  wnth  the  peace  or  safety  of  the  state. 

§  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  l)o  su.sptMided,  unless 
when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require  its  sus- 
pension. 

§  6.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
shall  cruel  or  unusual  punishments  be  inflicted,  nor  shall  witnesses  be  unreason- 
ably detained. 


CONSTITUTION     OF    THE     STATE     OF    CALIFORNIA— lS4y.  xlvii 

§7.  AU  persons  shall  be  bailable  by  sufficient  sureties,  unless  for  capital 
offenses,  when  the  proof  is  evident  or  the  presumption  great. 

§  8.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous 
crime  (except  in  cases  of  impeachment,  and  in  cases  of  militia  when  in  actual 
service,  and  the  land  and  naval  forces  in  time  of  war,  or  which  this  state  may 
keep  with  the  consent  of  Congress  in  time  of  peace,  and  in  cases  of  petit  larceny 
under  the  regulation  of  the  legislature)  unless  on  presentment  or  indictment  of 
a  grand  jury ;  and  in  any  trial  in  any  court  whatever,  the  party  accused  shall  be 
allowed  to  appear  and  defend  in  person  and  with  counsel,  as  in  civil  actions. 
No  person  shall  be  subject  to  be  twice  put  in  jeopardy  for  the  same  offense ;  nor 
shall  he  be  compelled,  in  any  criminal  case,  to  be  a  witness  against  himself,  nor 
be  deprived  of  life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensation. 

§  9.  Every  citizen  may  freely  speak,  write,  and  publish  his  sentiments  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no  law  shall  be  passed 
to  restrain  or  abridge  the  liberty  of  speech  or  of  the  press.  In  all  criminal  prose- 
cutions on  indictments  for  libels,  the  truth  may  be  given  in  evidence  to  the  jury; 
and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libelous  is  true,  and 
was  published  with  good  motives  and  for  justifiable  ends,  the  party  shall  be 
acquitted ;  and  the  jury  shall  have  the  right  to  determine  the  law  and  the  fact. 
§  10.  The  i^eople  shall  have  the  right  freely  to  assemble  together,  to  consult 
for  the  common  good,  to  instruct  their  representatives,  and  to  petition  the  legis- 
lature for  redress  of  grievances. 

§  11.     All  laws  of  a  general  nature  shall  have  a  uniform  operation. 

§12.  The  military  shall  be  subordinate  to  the  civil  power.  No  standing 
array  shall  be  kept  up  by  this  state  in  time  of  peace ;  and  in  time  of  war  no 
appropriation  for  a  standing  army  shall  be  for  a  longer  time  than  two  years. 

§  13.  No  soldier  shall  in  time  of  peace,  be  quartered  in  any  house  without  the 
consent  of  the  owner;  nor  in  time  of  war,  except  in  the  manner  to  be  prescribed 
by  law. 

§  14.     Representation  shall  be  apportioned  according  to  population. 

§  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action  on  mesne  or 
final  process,  unless  in  cases  of  fraud ;  and  no  person  shall  be  imprisoned  for  a 
militia  fine  in  time  of  peace. 

§  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obligation 
of  contracts,  shall  ever  be  passed. 

§  17.  Foreigners  who  are  or  who  may  hereafter  become  bona  fide  residents  of 
this  state  shall  enjoy  the  same  rights,  in  respect  to  the  possession,  enjoyment,  and 
inheritance  of  property,  as  native-born  citizens. 

§  18.  Neither  slavery,  nor  involuntary  servitude,  unless  for  the  punishment 
of  crimes,  shall  ever  be  tolerated  in  this  state. 

§  19.  The  right'of  the  people  to  be  secure  in  their  persons,  houses,  papers,  and 
effects,  against  unreasonable  seizures  and  searches,  shall  not  be  violated ;  and  no 
warrant  shall  issue  but  on  probable  cause,  supported  by  oath  or  affirmation, 
particularly  describing  the  place  to  be  searched  and  the  persons  and  things  to  be 
seized. 


^j^iii  CONSTITUTION    OF    THE     STATE     OF     CALIFORNIA— 1849. 

§  20.  Treason  against  the  state  shall  consist  only  in  levying  war  against  it, 
adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason,  unless  on  the  evidence  of  two  witnesses  to  the  same  overt 
act,  or  confession  in  open  court. 

§  21.  This  enumeration  of  rights  shall  not  be  construed  to  impair  or  deny 
others  retained  by  the  people. 

Article  II. 

RIGHT  OF  SUFFRAGE. 

§  1.  Every  white  male  citizen  of  the  United  States,  and  every  white  male  citi- 
zen of  Mexico  who  shall  have  elected  to  become  a  citizen  of  the  United  States, 
under  the  treaty  of  peace  exchanged  and  ratified  at  Queretaro,  on  the  thirtieth 
day  of  May,  eighteen  hundred  and  forty-eight,  of  the  age  of  twenty-one  years, 
who  shall  have  been  a  resident  of  the  state  six  months  next  preceding  the  election, 
and  the  county  or  district  in  which  he  claims  his  vote  thirty  days,  sliall  be  en- 
titled to  vote  at  all  elections  which  are  now  or  hereafter  may  be  authorized  by 
law;  provided,  that  nothing  herein  contained  shall  be  construed  to  prevent  the 
legislature,  by  a  two  thirds  concurrent  vote,  from  admitting  to  the  right  of 
suffrage  Indians,  or  the  descendants  of  Indians,  in  such  special  cases  as  such  a 
proportion  of  the  legislative  body  may  deem  just  and  proper. 

§  2.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the  peace, 
be  privileged  from  arrest  on  the  days  of  election,  diirincr  their  attendance  at 
such  election,  going  to  and  returning  therefrom. 

§  3.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the  day  of  election, 
except  in  time  of  war  or  public  danger. 

§  4.  For  the  purpose  of  voting,  no  person  .shall  be  deemed  to  have  gained  or 
lost  a  residence  by  reason  of  his  presence  or  absence  while  employed  in  the 
service  of  the  United  States ;  nor  while  engaged  in  the  navigation  of  the  waters 
of  this  state  or  of  the  United  States,  or  of  the  high  seas;  nor  while  a  .student  of 
any  seminary  of  learning;  nor  while  kept  at  any  almshouse  or  other  asylum  at 
public  expense ;  nor  while  confined  in  any  public  prison. 

§  5.  No  idiot  or  insane  person,  or  person  convicted  of  any  infamous  crime, 
shall  be  entitled  to  the  privileges  of  an  elector. 

§  6.     All  elections  by  the  people  .shall  be  by  ballot. 

Article  III, 

DISTRIBUTION  OF  POWERS. 

The  powers  of  the  government  of  the  state  of  California  shall  be  divided  into 
three  separate  departments — the  legislative,  the  executive,  and  judicial :  and  no 
person  charged  with  the  exercise  of  powers  properly  belonging  to  one  of  these 
departments  shall  exercise  any  functions  appertaining  to  either  of  the  others, 
except  in  the  cases  hereinafter  expressly  directed  or  permitted. 

Article  IV. 

LEGISLATIVE   DEPARTMENT. 

§  1.  The  legislative  power  of  this  state  shall  be  vested  in  a  senate  and  as- 
sembly, which  .shall  be  designated  the  legislature  of  the  state  of  California ;  and 


COIVSTITUTIOIV    OF    THE     STATE     OF     CALIFORNIA— 1849.  xllx 

the  enacting  clause  of  every  law  shall  be  as  follows :   ' '  The  People  of  the  State 
of  California,  represented  in  Senate  and  Assembly,  do  enact  as  follows : ' ' 

§  2.  The  sessions  of  the  legislature  shall  be  biennial,  and  shall  commence  on 
the  first  Monday  of  December  next  ensuing  the  election  of  its  members,  unless 
the  governor  of  the  state  shall  in  the  interim  convene  the  legislature  by  procla- 
mation. No  session  shall  continue  longer  than  one  hundred  and  twenty  days. 
[Amendment,  proposed  1861 ;  ratified  3d  September,  1862.] 

§  5".  The  members  of  the  assembly  shall  be  chosen  biennially,  by  the  qualified 
electors  of  their  respective  districts,  on  the  first  "Wednesday  in  September,  unless 
otherwise  ordered  by  the  legislature,  and  their  term  of  office  shall  be  two  years. 
[Amendment,  proposed  1861 ;  ratified  3d  September,  1862.] 

§  4.  Senators  and  members  of  assembly  shall  be  duly  qualified  electors  in  the 
respective  counties  and  districts  which  they  represent. 

*§5.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the  same  time 
and  places  as  members  of  assembly;  and  no  person  shall  be  a  member  of  the 
senate  or  assembly  who  has  not  been  a  citizen  and  inhabitant  of  the  state,  and  of 
the  county,  or  district  for  which  he  shall  be  chosen,  one  year  next  before  his 
election.      [Amendment,  proposed  1861;  ratified  3d  September,  1862.] 

§  6.  The  number  of  senators  shall  not  be  less  than  one  third,  nor  more  than 
one  half,  of  that  of  the  members  of  assembly;  and  at  the  first  session  of  the  leg- 
islature after  this  section  takes  elffiect  the  senators  shall  be  divided  by  lot,  as 
equally  as  may  l)e,  into  two  classes.  The  seats  of  the  senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year,  so  that  one  half 
shall  be  chosen  biennially.  [Amendment,  proposed  1861 ;  ratified  3d  Septem- 
ber, 1862.] 

§  7.  When  the  number  of  senators  is  increased,  they  shall  be  apportioned  by 
lot,  so  as  to  keep  the  two  classes  as  nearly  equal  in  number  as  possible. 

§  8.  Each  house  shall  choose  its  own  officers,  and  judge  of  the  qualifications, 
elections,  and  returns  of  its  own  members. 

§  9.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business;  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the  attend- 
ance of  absent  members,  in  such  manner  and  under  such  penalties  as  each  house 
may  provide. 

§  10.  Each  house  shall  determine  the  rules  of  its  own  proceedings,  and  may, 
Avith  the  concurrence  of  two  thirds  of  all  the  members  elected,  expel  a  member. 

§  11.  Each  house  shall  keep  a  journal  of  its  own  proceedings,  and  publish 
the  same;  and  the  yeas  and  nays  of  the  members  of  either  house  on  any  ques- 
tion shall,  at  the  desire  of  any  three  members  present,  be  entered  on  the  journal. 

§  12.  ]\Iembers  of  the  legislature  shall,  in  all  cases  except  treason,  felony, 
and  breach  of  the  peace,  be  p'rivileged  from  arrest,  and  shall  not  be  subject  to 
any  civil  process  during  the  session  of  the  legislature,  nor  for  fifteen  days  next 
before  the  commencement  and  after  the  termination  of  each  session. 

§  13.  When  vacancies  occur  in  either  house,  the  governor,  or  the  person 
exercising  the  functions  of  the  governor,  shall  issue  writs  of  elections  to  fill 
such  vacancies. 

§  14.  The  doors  of  each  house  shall  be  open,  except  on  such  occasions  as,  in 
the  opinion  of  the  house,  may  require  secrecy. 

Gen.  Laws — iv 


i  CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA— 1849. 

§  15.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which  they  be  sitting. 

§  16.  Any  bill  may  originate  in  either  house  of  the  legislature,  and  all  bills 
passed  by  one  house  may  be  amended  in  the  other. 

§  17.  Every  bill  which  may  have  passed  the  legislature,  shall,  before  it 
becomes  a  law%  be  presented  to  the  governor.  If  he  approve  it,  he  shall  sign  it ; 
but  if  not,  he  shall  return  it,  with  his  objections,  to  the  hoiLse  in  which  it 
originated,  which  shall  enter  the  same  upon  the  journal,  and  proceed  to  re- 
consider it.  If,  after  such  reconsideration,  it  again  pass  both  houses,  by  3'eas 
and  nays,  by  a  majority  of  two  thirds  of  the  members  of  each  house  present, 
it  shall  become  a  law,  notwithstanding  the  governor's  objections.  If  any  bill 
shall  not  be  returned  within  ten  days  after  it  shall  have  been  presented  to  him 
(Sundays  excepted),  the  same  shall  become  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  th<'  legislature,  ])y  adjournment,  prevent  such  return. 

§  18.  The  assembly  shall  have  the  sole  power  of  impeachment,  and  all  im- 
peachments shall  be  tried  by  the  senate.  When  sitting  for  that  purpose,  the 
senators  shall  be  upon  oath  or  affirmation;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two  thirds  of  the  membere  present. 

§  19.  The  governor,  lieutenant-governor,  secretary  of  state,  controller,  treas- 
urer, attorney-general,  surveyor-general,  justices  of  the  supreme  court,  and 
judges  of  the  district  courts,  shall  be  linbb^  to  impeachment  for  any  misde- 
meanor in  office;  but  judgment  in  such  cases  shall  <'xtend  only  to  removal  from 
office  and  disqualification  to  hoKl  any  office  of  honor,  trust,  or  jirofit  undei-  tlie 
state;  but  the  party  convicted  or  acquitted  shall,  nevertheless,  be  lial)Ie  to  in- 
dictment, trial,  and  punishment,  according  to  law.  All  other  civil  ot"ficers  shall 
be  tried  for  misdemeanors  in  otTiee.  in  surli  ;i  iii.innei-  ;is  tlie  le>.'islature  may 
provide. 

§  20.  No  senator  or  member  of  assembly  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under  this 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  such  term,  except  such  office  as  may  be  filled  by  elec- 
tions by  the  people. 

§  21.  No  person  holding  any  lucrative  othce  under  the  Tnited  States,  or 
any  other  power,  shall  be  eligible  to  any  civil  office  of  profit  under  this  state ; 
provided,  that  officers  in  the  militia,  to  which  there  is  attached  no  annual 
salary,  or  local  officers  and  postmasters  whase  compensation  does  not  exceed 
five  hundred  dollars  per  annum,  shall  not  be  deemed  lucrative. 

§  22.  No  person  who  shall  be  convicted  of  the  embezzlement  or  defalcation 
of  the  public  funds  of  this  state  shall  ever  be  eligil)le  to  any  office  of  honor, 
trust  or  profit,  under  this  state ;  and  the  legislature  shall,  as  soon  as  practicable, 
pass  a  law  providing  for  the  punishment  of  such  embezzlement,  or  defalcation, 
as  a  felony. 

§  23.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  ap- 
propriations made  by  law.  An  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  moneys  shall  be  attached  to  and  published  with  the  laws 
at  every  regular  session  of  the  legislature. 

§  24.     The  members  of  the  legislature  shall  receive  for  their  services  a  com- 


CONSTITUTION     OF    THE     STATE     OF    CALIFORNIA — 1849.  U 

pensation  to  be  fixed  by  law,  and  paid  out  of  the  public  treasury;  but  no  in- 
crease of  the  compensation  shall  take  effect  during  the  term  for  which  the 
members  of  either  house  shall  have  been  elected. 

§  25.  Every  law  enacted  by  the  legislature  shall  embrace  but  one  object, 
and  that  shall  be  expressed  in  the  title;  and  no  law  shall  be  revised  or  amended 
by  reference  to  its  title ;  but  in  such  case  the  act  revised  or  section  amended 
shall  be  re-enacted  and  published  at  length. 

§  26.     No  divorce  shall  be  granted  by  the  legislature. 

§  27.  No  lottery  shall  be  authorized  by  this  state,  nor  shall  the  sale  of  lot- 
tery tickets  be  allowed. 

§  28.  The  enumeration  of  the  inhabitants  of  this  state  shall  be  taken,  under 
the  direction  of  the  legislature,  in  the  year  one  thousand  eight  hundred  and 
fifty-two,  and  one  thousand  eight  hundred  and  fifty-five,  and  at  the  end  of 
every  ten  years  thereafter;  and  these  enumerations,  together  with  the  census 
that  may  be  taken  under  the  direction  of  the  Congress  of  the  United  States, 
in  the  year  one  thousand  eight  hundred  and  fifty,  and  every  subsequent  ten 
years,  shall  serve  as  the  basis  of  representation  in  both  houses  of  the  legislature. 

§  29.  The  number  of  senators  and  members  of  assembly  shall,  at  the  first 
session  of  the  legislature  holden  after  the  enumeration  herein  provided  for 
and  made,  be  fixed  by  the  legislature,  and  apportioned  among  the  several  coun- 
ties and  districts  to  be  established  by  law,  according  to  the  number  of  white 
inhabitants.  The  number  of  members  of  assembly  shall  not  be  less  than 
twenty-four,  nor  more  than  thirty-six,  until  the  number  of  inhabitants  within 
this  state  shall  amount  to  one  hundred  thousand;  and  after  that  period  at  such 
ratio  that  the  whole  number  of  members  of  assembly  shall  never  be  less  than 
thirty,  nor  more  than  eighty. 

§  30.  "When  a  congressional,  senatorial,  or  assembly  district  shall  be  com- 
posed of  two  or  more  counties,  it  shall  not  be  separated  by  any  county  belong- 
ing to  another  district.  No  county  shall  be  divided,  in  forming  a  congressional, 
senatorial,  or  assembly  district,  so  as  to  attach  one  portion  of  a  county  to  an- 
other county ;  but  the  legislature  may  divide  each  county  into  as  many  congres- 
sional, senatorial  or  assembly  districts  as  such  county  may  by  apportionment  be 
entitled  to.     [Amendment,  proposed  1861;  ratified  3d  September,  1862.] 

§  31.  Corporations  may  be  formed  under  general  laws,  but  shall  not  be  cre- 
ated by  special  act,  except  for  municipal  purposes.  All  general  laws  and  special 
acts  passed  pursuant  to  this  section  may  be  altered  from  time  to  time,  or  repealed. 

§  32.  Dues  from  corporations  shall  be  secured  by  such  individual  liability 
of  the  corporators  and  other  means  as  may  be  prescribed  by  law. 

§  33.  The  term  "corporations,"  as  used  in  this  article,  shall  be  construed  to 
include  all  associations  and  joint-stock  companies  having  any  of  the  powers  or 
privileges  of  corporations  not  possessed  by  individuals  or  partnerships.  And 
all  corporations  shall  have  the  right  to  sue,  and  shall  be  subject  to  be  sued,  in 
all  courts,  in  like  cases  as  natural  persons. 

§  34.  The  legislature  shall  have  no  power  to  pass  any  act  granting  any  char- 
ter for  banking  purposes ;  but  associations  may  be  formed,  under  general  laws, 
for  the  deposit  of  gold  and  silver ;  but  no  such  association  shall  make,  issue,  or 
put  in  circulation,  any  bill,  check,  ticket,  certificate,  promissory  note,  or  other 
paper,  or  the  paper  of  any  bank,  to  circulate  as  money. 


Hi  CONSTITUTION    OF    THE    STATE    OF    CAL.IFORNIA— 1849. 

§  35.  The  legislature  of  this  state  shall  prohibit  by  law  any  person  or  persons, 
association,  company,  or  corporation  from  exercising  the  privileges  of  banking, 
or  creating  paper  to  circulate  as  money. 

§  36.  Each  stockholder  of  a  corporation  or  joint-stock  association  shall  be 
individually  and  personally  liable  for  his  proportion  of  all  its  debts  and  lia- 
bilities. 

§  37.  It  shall  be  the  duty  of  the  legislature  to  provide  for  the  organization 
of  cities  and  incorporated  villages,  and  to  restrict  their  power  of  taxation, 
assessment,  borrowing  money,  contracting  debts,  and  loaning  their  credit,  so 
as  to  prevent  abuses  in  assessments  and  in  contracting  debts  by  such  municipal 
corporations. 

§  38.  In  all  elections  by  the  legislature,  the  members  thereof  shall  vote 
viva  voce,  and  the  votes  shall  be  entered  on  the  journal. 

§39.  In  order  that  no  inconvenience  may  result  to  the  public  service  from 
the  taking  effect  of  the  amendments  proposed  to  article  four  by  tlic  legislature 
of  eighteen  hundred  and  sixty-one,  no  officer  shall  be  suspended  or  superseded 
thereby,  until  tlie  election  and  (pialitieation  of  the  several  officers  provided  for 
in  said  amendments.     [Amendment,  proposed  1861;  ratified  3d  September.  1862.] 

Article  V. 

EXECUTIVE   DEPARTMENT. 

§  1.  The  supreme  executive  power  of  this  state  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  governor  of  the  state  of  California. 

§  2.  The  governor  shall  be  elected  by  the  qualified  electors  at  the  time  and 
places  of  voting  for  members  of  the  assembly,  and  shall  hold  his  office  four  years 
from  and  after  the  first  Monday  in  December  subsequent  to  his  election,  and 
until  his  successor  is  elected  and  qualified.  [Amendment,  proposed  1861 ;  rati- 
fied 3d  September,  1862.] 

§3.  No  person  shall  be  eligible  to  the  office  of  governor  (except  at  the  first 
election)  who  has  not  been  a  citizen  of  the  United  States  and  a  resident  of  this 
state  two  years  next  preceding  the  election,  and  attained  the  age  of  twenty-five 
years  at  the  time  of  said  election. 

§  4.  The  returns  of  every  election  for  governor  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  government,  directed  to  the  speaker  of  the  assembly,  who 
shall,  during  the  first  week  of  the  session,  open  and  publish  them  in  presence 
of  both  houses  of  the  legislature.  The  person  having  the  highest  number  of  votes 
shall  be  governor;  but  in  case  any  two  or  more  have  an  equal  and  the  highest 
number  of  votes,  the  legislature  shall,  by  joint  vote  of  both  houses,  choose  one 
of  said  persons  so  having  an  equal  and  the  highest  number  of  votes,  for  governor. 

§  5.  The  governor  shall  be  commander-in-chief  of  the  militia,  the  army,  and 
navy  of  this  state. 

§  6.  He  shall  transact  all  executive  business  with  the  officers  of  government, 
civil  and  military,  and  may  require  information  in  writing  from  the  officers  of 
the  executive  department  upon  any  subject  relating  to  the  duties  (if  their  re- 
spective offices. 

§  7.     He  shall  see  that  the  laws  are  faithfullv  executed. 


CONSTITUTION    OF    THE     STATE     OF    CALIFORNIA— 1849. 


liil 


§  8.  When  any  office  shall,  from  any  cause,  become  vacant,  and  no  mode  is 
provided  by  the  constitution  and  laws  for  filling  such  vacancy,  the  governor  shall 
have  power  to  fill  such  vacancy  by  granting  a  commission,  which  shall  expire  at 
the  end  of  the  next  session  of  the  legislature,  or  at  the  next  election  by  the  people. 

§  9.  He  may,  on  extraordinary  occasions,  convene  the  legislature  by  procla- 
mation, and  shall  state  to  both  houses,  when  assembled,  the  purpose  for  which 
they  shall  have  been  convened. 

§  10.  He  shall  communicate  by  message  to  the  legislature,  at  everv  session 
the  condition  of  the  state,  and  recommend  such  matters  as  he  shall  deem 
expedient. 

§  11.  In  case  of  a  disagreement  between  the  two  houses  with  respect  to  the 
time  of  adjournment  the  governor  shall  have  power  to  adjourn  the  legislature 
to  such  time  as  he  may  think  proper;  provided  it  be  not  beyond  the  time  fixed 
for  the  meeting  of  the  next  legislature. 

§  12.  No  person  shall,  while  holding  any  office  under  the  United  States  or  this 
state,  exercise  the  office  of  governor,  except  as  hereinafter  expressly  provided. 

§  13.  The  governor  shall  have  the  power  to  grant  reprieves  and  pardons 
after  conviction,  for  all  offenses  except  treason  and  cases  of  impeachment,  upon 
such  conditions  and  with  such  restrictions  and  limitations  as  he  may  thiuk 
proper,  subject  to  such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  for  pardons.  Upon  conviction  for  treason,  he  shall  have 
the  power  to  suspend  the  execution  of  the  sentence  until  the  case  shall  be  reported 
to  the  legislature  at  its  next  meeting,  when  the  legislature  shall  either  pardon, 
direct  the  execution  of  the  sentence,  or  grant  a  further  reprieve.  He  shall  com- 
municate to  the  legislature,  at  the  beginning  of  every  session,  every  case  of 
reprieve  or  pardon  granted,  stating  the  name  of  the  convict,  the  crime  of  which 
he  was  convicted,  the  sentence  and  its  date,  and  the  date  of  the  pardon  or 
reprieve. 

§  14.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the  governor, 
and  used  by  him  officially,  and  shall  be  called  "The  Great  Seal  of  the  State 
of  California." 

§  15.  All  grants  and  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  people  of  the  state  of  California,  sealed  with  the  great  seal  of  the  state, 
signed  by  the  governor,  and  countersigned  by  the  secretary  of  state. 

§  16.  A  lieutenant-governor  shall  be  elected  at  the  same  time  and  places, 
and  in  the  same  manner  as  the  governor;  and  his  term  of  office  and  his  qualifica- 
tions of  eligibility  shall  also  be  the  same.  He  shall  be  president  of  the  senate, 
but  shall  only  have  a  casting  vote  therein.  If,  during  a  vacancy  of  the  office 
of  governor,  the  lieutenant-governor  shall  be  impeached,  displaced,  resign,  die, 
or  become  incapable  of  performing  the  duties  of  his  office,  or  be  absent  from' 
the  state,  the  president  of  the  senate  shall  act  as  governor  until  the  vacancy 
be  filled  or  the  disability  shall  cease. 

§  17.  In  case  of  the  impeachment  of  the  governor,  or  his  removal  from  office, 
death,  inability  to  discharge  the  powers  and  duties  of  the  said  office,  resisnation,' 
or  absence  from  the  state,  the  powers  and  duties  of  the  office  shall  devolve  upon 
the  lieutenant-governor  for  the  residue  of  the  term,  or  until  the  disability  shall 
cease.     But  when  the  governor  shall,  with  the  consent  of  the  leo-islature    be 


liv  CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA — 1849. 

out  of  the  state  in  time  of  war,  at  the  head  of  any  military  force  thereof,  he 
shall  continue  commander-in-chief  of  all  the  military  forces  of  the  state. 

§  18.  A  secretary  of  state,  a  controller,  a  treasurer,  an  attorney-general,  and 
a  surveyor-general  shall  be  elected  at  the  same  time  and  places,  and  in  the  same 
manner,  as  the  governor  and  lieutenant-governor,  and  whose  term  of  office  shall 
be  the  same  as  the  governor.  [Amendment,  proposed  1861 ;  ratified  3d  Septem- 
ber, 1862.] 

§  19.  The  secretary  of  state  shall  keep  a  fair  record  of  the  official  acts  of 
the  legislative  and  executive  departments  of  the  government,  and  shall,  when 
required,  lay  the  same,  and  all  matters  relative  thereto,  before  either  branch 
of  the  legislature,  and  shall  perform  such  other  duties  as  may  be  assigned  him 
by  law ;  and  in  order  that  no  inconvenience  may  result  to  the  public  service  from 
the  taking  effect  of  the. amendments  proposed  to  said  article  five  by  the  legis- 
lature of  eighteen  hundred  and  sixty-one,  no  officer  shall  be  superseded  or 
suspended  therebj^  until  the  election  and  qualification  of  the  several  officers 
provided  for  in  said  amendments.  [Amendment,  proposed  1861 ;  ratified  3d 
September,  1862.] 

§  20.  The  controller,  treasurer,  attorney-general,  and  surveyor-general  shall 
be  chosen  by  joint  vote  of  the  two  hou.ses  of  the  legislature,  at  their  first  session 
under  this  constitution,  and  thereafter  shall  be  elected  at  the  same  time  and 
places,  and  in  the  same  manner,  as  the  governor  and  lieutenant-govornor. 

§  21.  The  governor,  lieutenant-governor,  secretary  of  state,  controller,  trea^ 
urer,  attorney-general,  and  surveyor-general  shall  each,  at  stated  times  during 
their  continuance  in  office,  receive  for  their  services  a  compensation  which  shall 
not  be  increased  or  diminished  during  the  term  for  which  they  shall  have  been 
elected ;  but  neither  of  these  officers  shall  receive  for  his  own  use  any  fees  for  the 
performance  of  his  official  duties. 

Article  VI. 

JUDICIAL   DEP^VBTMENT. 

§  1.  The  judicial  power  of  this  state  shall  be  vested  in  a  supreme  court,  in 
district  courts,  in  county  courts,  in  probate  courts,  and  in  justices  of  the  peace, 
and  in  such  recorders  and  other  inferior  courts  as  the  legislature  may  establish 
in  any  incorporated  city  or  town.  [Amendment,  proposed  1861;  ratified  3d 
September,  1862.] 

§  2.  The  supreme  court  shall  consist  of  a  chief  justice  and  four  associate 
justices.  The  presence  of  three  justices  shall  be  necessary  for  the  transaction 
of  business,  excepting  such  business  as  may  be  done  at  chambers,  and  the  con- 
currence of  three  justices  shall  be  necessary  to  pronounce  a  judgment.  [Amend- 
ment, proposed  1861;  ratified  3d  September,  1862.] 

§  3.  The  justices  of  the  supreme  court  shall  be  elected  by  the  qualified  electors 
of  the  state  at  special  elections  to  be  provided  by  law.  at  which  elections  no  officer 
other  than  judicial  shall  be  elected,  except  a  superintendent  of  public  in.struction. 
The  first  election  for  justices  of  the  supreme  court  shall  be  held  in  the  year 
eighteen  hundred  and  sixty-three.  The  justices  shall  hold  their  offices  for  the 
term  of  ten  years  from  the  first  day  of  January  next  after  their  election,  except 
those  elected  at  the  first  election,  who,  at  their  first  meeting,  shall  so  classify 


CONSTITUTION     OF     THE     STATE     OF     CALIFORNIA — 1849.  Iv 

themselves  by  lot,  that  one  justice  shall  go  out  of  office  every  two  years.  The 
justice  having  the  shortest  term  to  serve  shall  be  the  chief  justice.  [Amendment, 
proposed  1861;  ratified  3d  September,  1862.] 

§  4.  The  supreme  court  shall  have  appellate  jurisdiction  in  all  cases  in  equity; 
also,  in  all  eases  at  law  which  involve  the  title  or  possession  of  real  estate,  or 
the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine,  or  in  which 
the  demand,  exclusive  of  interest  or  the  value  of  the  property  in  controversy, 
amounts  to  three  hundred  dollars ;  also,  in  all  cases  arising  in  the  probate  courts ; 
and  also  in  all  criminal  cases  amounting  to  felony,  on  questions  of  law  alone. 
The  court  shall  also  have  power  to  issue  writs  of  mandamus,  certiorari,  prohi- 
bition, and  habeas  corpus,  and  also,  all  writs  necessary  or  proper  to  the  complete 
exercise  of  its  appellate  jurisdiction.  Each  of  the  justices  shall  have  power  to 
issue  writs  of  habeas  corpus  to  any  part  of  the  state,  upon  petition  on  behalf  of 
any  person  held  in  actual  custody,  and  may  make  such  writs  returnable  before 
himself,  or  the  supreme  court,  or  before  any  district  court,  or  any  county  court 
in  the  state,  or  before  any  judge  of  said  courts.  [Amendment,  proposed  1861 : 
ratified  3d  September,  1862.] 

§  5.  The  state  shall  be  divided,  by  the  legislature  of  eighteen  hundred  and 
sixty-three,  into  fourteen  judicial  districts,  subject  to  such  alteration,  from  time 
to  time,  by  a  two-thirds  vote  of  all  the  members  elected  to  both  houses,  as  the 
public  good  may  require;  in  each  of  which  there  shall  be  a  district  court,  and 
for  each  of  which  a  district  judge  shall  be  elected  by  the  qualified  electors  of 
the  district,  at  the  special  judicial  elections  to  be  held  as  provided  for  the  elec- 
tion of  justices  of  the  supreme  court  by  section  three  of  this  article.  The  district 
judges  shall  hold  their  offices  for  the  term  of  six  years  from  the  first  day  of 
January  next  after  their  election.  The  legislature  shall  have  no  power  to  grant 
leave  of  absence  to  a  judicial  officer,  and  any  such  officer  who  shall  absent  him- 
self from  the  state  for  upwards  of  thirty  consecutive  days  shall  be  deemed  to 
have  forfeited  his  office.  [Amendment,  proposed  1861;  ratified  3d  September. 
1862.] 

§  6.  The  district  courts  shall  have  original  jurisdiction  in  all  cases  in  equity ; 
also,  in  all  cases  at  law  which  involve  the  title  or  possession  of  real  property,  or 
the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine,  and  in  all 
other  cases  in  which  the  demand,  exclusive  of  interest  or  the  value  of  the  prop- 
erty in  controversy,  amounts  to  three  hundred  dollars ;  and  also  in  all  criminal 
cases  not  otherwise  provided  for.  The  district  courts  and  their  judges  shall  have 
power  to  issue  writs  of  habeas  corpus,  on  petition  by  or  on  behalf  of  any  person 
held  in  actual  custody  in  their  respective  districts.  [Amendment,  proposed 
1861;  ratified  3d  September,  1862.] 

§  7.  There  shall  be  in  each  of  the  organized  counties  of  the  state,  a  county 
court,  for  each  of  which  a  county  judge  shall  be  elected  by  the  qualified  electors 
of  the  county,  at  the  special  judicial  elections  to  be  held  as  provided  for  the 
election  of  justices  of  the  supreme  court  by  section  three  of  this  article.  The 
county  judges  shall  hold  their  offices  for  the  term  of  four  years  from  the  first 
day  of  January  next  after  their  election.  Said  courts  shall  also  have  power  to 
issue  naturalization  papers.  In  the  city  and  county  of  San  Francisco,  the  legis- 
lature may  separate  the  office  of  probate  judge  from  that  of  county  judge,  and 


Ivi  CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA— 1849. 

may  provide  for  the  election  of  a  probate  judge,  who  shall  hold  his  office  for  the 
term  of  four  years.     [Amendment,  proposed  1861;  ratified  3d  September,  1862.] 

§  8.  The  county  courts  shall  have  original  jurisdiction  of  actions  of  forcible 
entry  and  detainer,  of  proceedings  in  insolvency,  of  actions  to  prevent  or  abate 
a  nuisance,  and  of  all  such  special  cases  and  proceedings  as  are  not  otherwise 
provided  for;  and  also  such  criminal  jurisdiction  as  the  legislature  may  pre- 
scribe; they  shall  also  have  appellate  jurisdiction  in  all  cases  arising  in  courts 
held  by  justices  of  the  peace  and  recorders,  and  in  such  inferior  courts  as  may 
be  established  in  pursuance  of  section  one  of  this  article,  in  their  respective 
counties.  The  county  judges  shall  also  hold  in  their  several  counties  probate 
courts,  and  perform  such  duties  as  probate  judges  as  may  be  prescribed  by  hiw. 
The  county  -courts  and  their  judges  shall  also  have  power  to  issue  writs  of 
habeas  corpus,  on  petition  by  or  on  behalf  of  any  pei-son  in  actual  custody  in 
their  respective  counties.  [Amendment,  proposed  1861 ;  ratified  3d  September, 
1862.] 

§9.  The  legislature  shall  determine  the  number  of  justici'S  of  the  peace  to 
be  elected  in  each  city  and  townsliip  of  the  state,  and  fix  by  law  tlieir  powers, 
duties,  and  responsibilities;  provided,  such  powers  shall  not  in  any  case  trench 
upon  the  jurisdiction  of  the  several  courts  of  record.  The  supreme  court,  the 
district  courts,  county  couiis,  the  probate  courts,  and  such  other  courts  as  the 
legislature  shall  prescribe,  shall  be  courts  of  record.  [Amendment,  proposed 
1861;  ratified  3d  September,  1862.] 

§10.  The  legislature  shall  fix  by  law  the  jurisdiction  of  any  reeonler's,  or 
other  inferior  municipal  court  Avhich  may  be  established  in  pursuance  of  section 
one  of  this  article,  and  shall  fix  by  law  the  powers,  duties,  and  responsibilities 
of  the  judges  thereof.  [Amendment,  proposed  1861;  ratified  3(1  September, 
1862.] 

§  11.  The  legislature  shall  provide  for  the  election  of  a  clerk  of  the  supreme 
court,  county  clerks,  district  attorney's,  sheriffs,  and  other  necessary  officers,  and 
shall  fix  by  law  their  duties  and  compensation.  County  clerks  shall  be  ex  officio 
clerks  of  the  courts  of  record  in  and  for  their  respective  counties.  The  legisla- 
ture may  also  provide  for  the  appointment  by  the  several  district  courts  of  one 
or  more  commissioners  in  the  several  counties  of  their  respective  districts,  with 
authority  to  perform  chamber  business  of  the  judges  of  the  district  courts  and 
county  courts,  and  also  to  take  depositions,  and  to  perform  such  other  business 
connected  with  the  administration  of  justice  as  may  be  prescribed  by  law. 
[Amendment,  proposed  1861;  ratified  3d  September,  1862.] 

§  12.  The  times  and  places  of  holding  the  terms  of  the  several  courts  of 
record  shall  be  provided  for  by  laAv.  [Amendment,  proposed  1861  -.  ratified  3d 
September,  1862.] 

§  13.  No  judicial  officer,  except  justices  of  the  peace,  recorders,  and  com- 
missioners, shall  receive  to  his  own  use  any  fees  or  perquisites  of  office.  [Amend- 
ment, proposed  1861;  ratified  3d  September,  1862.] 

§  14.  The  legislature  shall  provide  for  the  speedy  publication  of  such  opin- 
ions of  the  supreme  court  as  it  may  deem  expedient:  and  all  opinions  shall  be 
free  for  publication  by  any  person.  [Amendment,  proposed  1861:  ratified  3d 
September.  1Sn2.] 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA— 1849.  Ivii 

§  15.  The  justices  of  the  supreme  court,  district  judges,  and  county  judges 
shall  severally,  at  stated  times  during  their  continuance  in  office,  receive  for 
their  services  a  compensation  which  shall  not  be  increased  or  diminished  during 
the  term  for  which  they  shall  have  been  elected :  provided,  that  county  judges 
shall  be  paid  out  of  the  county  treasury  of  their  respective  counties.  [Amend- 
ment, proposed  1861;  ratified  3d  September,  1862.] 

§  16.  The  justices  of  the  supreme  court,  and  the  district  judges,  and  the 
county  judges,  shall  be  ineligible  to  any  other  office  than  a  judicial  office  during 
the  term  for  which  they  shall  have  been  elected.  [Amendment,  proposed  1861 ; 
ratified  3d  September,  1862.] 

§  17.  Judges  shall  not  charge  juries  with  respect  to  matters  of  fact,  but  may 
state  the  testimony  and  declare  the  law.  [Amendment,  proposed  1861 ;  ratified 
3d  September,  1862.] 

§18.  The  style  of  all  process  shall  be:  "The  People  of  the  State  of  Cali- 
fornia," and  all  prosecutions  shall  be  conducted  in  their  name  and  by  their 
authority.     [Amendment,  proposed  1861;  ratified  3d  September,  1862.] 

§  19.  In  order  that  no  inconvenience  may  result  to  the  public  service  from 
the  taking  eff'ect  of  the  amendments  proposed  to  said  article  six  by  the  legis- 
lature of  eighteen  hundred  and  sixty-one,  no  officer  shall  be  superseded  thereby, 
nor  shall  the  organization  of  the  several  courts  be  changed  thereby,  until  the 
election  and  qualification  of  the  several  officers  provided  for  in  said  amendments. 
[Amendment,  propo.sed  1861;  ratified  3d  September,  1862.] 

Article  VII. 

MILITIA. 

§  1.  The  legislature  shall  provide  by  law  for  organizing  and  disciplining  the 
militia,  in  such  manner  as  they  shall  deem  expedient,  not  incompatible  with  the 
constitution  and  laws  of  the  United  States. 

§  2.  Officers  of  the  militia  shall  be  elected  or  appointed  in  such  a  manner  as 
the  legislature  shall  from  time  to  time  direct,  and  shall  be  commissioned  by  the 
governor. 

§  3.  The  governor  shall  have  power  to  call  forth  the  militia  to  execute  the 
laws  of  the  state,  to  suppress  insurrections,  and  repel  invasions. 

Article  VIII. 

STATE   DEBTS. 

The  legislature  shall  not  in  any  manner  create  any  debt  or  debts,  liability  or 
liabilities,  which  shall  singly,  or  in  the  aggregate,  with  any  previous  debts  or 
liabilities,  exceed  the  sum  of  three  hundred  thousand  dollars,  except  in  case  of 
war,  to  repel  invasion  or  suppress  insurrection,  unless  the  same  shall  be  author- 
ized by  some  law  for  some  single  object  or  work,  to  be  distinctly  specified  therein, 
which  law  shall  provide  ways  and  means,  exclusive  of  loans,  for  the  payment  of 
the  interest  of  such  debt  or  liability,  as  it  falls  due,  and  also,  to  pay  and  dis- 
charge the  principal  of  such  debt  or  liability  within  twenty  years  from  the  time 
of  the  contracting  thereof,  and  shall  be  irrepealable  until  the  principal  and 
interest  thereon  shall  be  paid  and  discharged ;  but  no  such  law  shall  take  effect 
until,  at  a  general  election,  it  shall  have  been  submitted  to  the  people  and  have 


Iviil  CONSTITUTION     OP    THE     STATE     OF     CALIFORNIA — 1849. 

received  a  majority  of  all  the  votes  cast  for  and  against  it  at  such  election ;  and 
all  money  raised  by  authority  of  such  law  shall  be  applied  only  to  the  specified 
object  therein  stated,  or  to  the  payment  of  the  debt  thereby  created;  and  such 
law  shall  be  published  in  at  least  one  newspaper  in  each  judicial  district,  if  one 
be  published  therein,  throughout  the  state,,  for  three  months  next  preceding  the 
election  at  which  it  is  submitted  to  the  people. 

Article  IX. 

EDUCATION. 

§  1.  A  superintendent  of  public  instruction  shall,  at  the  special  election  for 
judicial  officers  to  be  held  in  the  year  eighteen  hundred  and  sixty-three,  and 
every  four  years  thereafter,  at  such  special  elections,  be  elected  by  the  qualified 
voters  of  the  state,  and  shall  enter  upon  the  duties  of  his  office  on  the  first  day 
of  September  next  after  his  election.  [Amendment,  x^^'opased  1861;  ratified  3d 
September,  1862.] 

§  2.  The  legislature  shall  encourage,  by  all  suitaljle  meaiis,  the  promotion  of 
intellectual,  scientific,  moral,  and  agricultural  improvement.  The  proceeds  of 
all  lands  that  may  be  granted  by  the  United  States  to  this  .state  for  the  support 
of  schools  which  may  be  sold  or  disposed  of.  and  the  fivo  Inuidrpd  thousand 
acres  of  land  granted  to  the  new  states,  under  an  act  of  Congress  distributing 
the  proceeds  of  the  public  lands  among  the  several  states  of  the  Union  approved 
anno  Domini  eighteen  hundred  and  forty-one;  and  all  estates  of  deceased 
persons  who  may  have  died  without  leaving  a  will  or  heir,  and  also  such 
per  centum  as  may  be  granted  by  Congress  on  the  sale  of  lands  in  this  state, 
shall  be  and  remain  a  perpetual  fund,  the  interest  of  which,  together  with  all 
the  rents  of  the  unsold  lands,  and  such  other  means  as  the  legislature  may 
provide,  shall  be  inviolably  appropriated  to  the  support  of  common  schools 
throughout  the  state. 

§  3.  The  legislature  shall  provide  for  a  system  of  common  schools,  by  which 
a  .school  shall  be  kept  up  and  supported  in  each  district  at  least  three  months  in 
every  year ;  and  any  school  district  neglecting  to  keep  and  support  such  a  school 
may  be  deprived  of  its  proportion  of  the  interest  of  the  public  fund  during  such 
neglect. 

§  4.  The  legislature  shall  take  measures  for  the  protection,  improvement,  or 
other  disposition  of  such  lands  as  may  have  been  or  may  hereafter  be  reserved 
or  granted  by  the  United  States,  or  any  person  or  persons,  to  this  state  for  the 
use  of  a  university ;  and  the  funds  accruing  from  the  rents  or  sale  of  such  lands, 
or  from  any  other  source  for  the  purpose  aforesaid,  shall  be  and  remain  a  per- 
manent fund,  the  interest  of  which  shall  be  applied  to  the  support  of  said  uni- 
versity, with  such  branches  as  the  public  convenience  may  demand,  for  the 
promotion  of  literature,  the  arts  and  sciences,  as  may  be  authorized  by  the  terms 
of  such  grant.  And  it  shall  be  the  duty  of  the  legislature,  as  soon  as  may  be,  to 
provide  effectual  means  for  the  improvement  and  permanent  security  of  the 
funds  of  said  university. 

Article  X. 

MODE   OF    AMENDING   AND   REVISING    THE    CONSTITUTION. 

§1.  Any  amendment  or  amendments  to  this  constitution,  may  .bo  projicsed 
in  the  senate  or  assembly ;  and  if  the  same  shall  be  agreed  to  by  a  majority  of 


CONSTITUTIOAT    OF    THE    STATE     OF    CALIFORNIA— 1849.  Hx 

the  members  elected  to  each  of  the  two  houses,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  journals,  Avith  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  legislature  then  next  to  be  chosen,  and  shall  be  pub- 
lished for  three  months  next  preceding  the  time  of  making  such  choice.  And  if 
m  the  legislature  next  chosen  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to  each  house, 
then  it  shall  be  the  duty  of  the  legislature  to  submit  such  proposed  amendment 
or  amendments  to  the  people,  in  such  manner  and  at  such  time  as  the  legislature 
shall  prescribe ;  and  if  the  people  shall  approve  and  ratify  such  amendment  or 
amendments,  by  a  majority  of  the  electors  qualified  to  vote  for  members  of  the 
legislature  voting  thereon,  such  amendment  or  amendments  shall  become  part 
of  the  constitution. 

§  2.     And  if,  at  any  time,  two  thirds  of  the  senate  and  assembly  shall  think 
it  necessary  to  revise  or  change  this  entire  constitution,  they  shall  recommend  to 
the  electors,  at  the  next  election  for  members  of  the  legislature,  to  vote  for  or 
against  a  convention;  and  if  it  shall  appear  that  a  majority  of  the  electors  voting 
at  such  election  have  voted  in  favor  of  calling  a  convention,  the  legislature  shalf, 
at  its  next  .session,  provide  by  law  for  calling  a  convention,  to  be  holden  within 
six  months  after  the  passage  of  such  law;  and  such  convention  shall  consist  of  a 
number  of  inembei-s  not  less  than  that  of  both  branches  of  the  legislature.     The 
constitution  that  may  have  been  agreed  upon  and  adopted  by  such  convention, 
shall  b^  submitted  to  the  people,  at  a  special  election,  to  be  provided  for  by  law,' 
for  their  ratification  or  rejection ;  each  voter  shall  express  his  opinion  by  deposit- 
ing in  the  ballot-box  a  ticket  whereon  shall  be  written  or  printed  the  words  "For 
the  New  Constitution,"  or  "Against  the  New  Constitution."     The  returns  of 
such  election  shall,  in  such  manner  as  the  convention  shall  direct,  be  certified  to 
the  executive  of  the  state,  who  shall  call  to  his  assistance  the  controller,  treasurer, 
and  secretary  of  state,  and  compare  the  votes  so  certified  to  him.     If,  by  such 
examination,  it  be  ascertained  that  a  majority  of  the  whole  number  of  votes  cast 
at  such  election,  be  in  favor  of  such  new  constitution,  the  executive  of  this  state 
shall,  by  his  proclamation,  declare  such  new  constitution  to  be  the  constitution 
of  the  state  of  California.     [Amendment,  proposed  1855;  ratified  4th  Novem- 
ber, 1856.] 

Akticle  XI. 

PROMISCUOUS   PROVISIONS. 

§  1.  The  first  session  of  the  legislature  shall  be  held  at  the  Pueblo  de  San 
Jose ;  which  place  shall  be  the  permanent  seat  of  government,  until  removed  by 
law ;  provided,  however,  that  two  thirds  of  all  the  members  elected  to  each  house 
of  the  legislature  shall  concur  in  the  passage  of  such  law. 

§  2.  Any  citizen  of  this  state  who  shall,  after  the  adoption  of  this  constitu- 
tion, fight  a  duel  with  deadly  weapons,  or  send  or  accept  a  challenge  to  fight  a 
duel  with  deadly  weapons,  either  within  this  state  or  out  of  it,  or  who  shaR  act 
as  second,  or  knowingly  aid  or  assist  in  any  manner  those  thus  offending,  shall 
not  be  allowed  to  hold  any  office  of  profit,  or  to  enjoy  the  right  of  suffrage  un- 
der this  constitution. 

§  3.  Members  of  the  legislature,  and  all  officers,  executive  and  judicial,  ex- 
cept such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  they  enter 


Ix  CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA — 1849. 

on  the  duties  of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation : 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support  the 
constitution  of  the  United  States  and  the  constitution  of  the  state  of  California, 

and  that  I  will  faithfully  discharge  the  duties  of  the  office  of ,  according 

to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test,  shall  be  required  as  qualification  for 
any  office  or  public  trust. 

§  4.  The  legislature  shall  establish  a  system  of  county  and  town  governments, 
which  shall  be  as  nearly  uniform  as  practicable  throughout  the  state. 

§  5.  The  legislature  shall  have  power  to  provide  for  the  election  of  a  board 
of  supervisors  in  each  county;  and  these  supervisors  shall,  jointly  and  individu- 
ally, perform  such  duties  as  may  be  prescribed  by  law. 

§  6.  All  officers  whose  election  or  appointment  is  not  provided  for  by  this 
constitution,  and  all  officers  who.se  offices  may  hereafter  be  created  by  law,  shall 
be  elected  by  the  people,  or  appointed  as  the  legislature-  may  direct. 

§  7.  When  the  duration  of  any  office  is  not  provided  for  liy  this  constitution, 
it  may  be  declared  by  law ;  and  if  not  so  declared,  such  office  shall  be  held  during 
the  pleasure  of  the  authority  making  the  appointment;  nor  shall  the  duration 
of  any  office,  not  fixed  by  this  constitution,  ever  exceed  four  years. 

§  8.     The  fiscal  year  shall  commence  on  the  first  day  of  July.  • 

§  9.     Each  county,  town,  city,  and  incorporated  village  shall  make  provision 

for  the  support  of  its  OAvn  officers,  subject  to  such  restrictions  and  regulations 

as  the  legislature  may  prescribe. 

§  10.  The  credit  of  the  state  shall  not,  in  any  manner,  be  given  or  loaned  to 
or  in  aid  of  any  individual,  association,  or  corporation ;  nor  shall  the  state 
directly  or  indirectly  become  a  stockholder  in  any  association  or  corporation. 

§  11.  Suits  may  be  brought  against  the  state  in  such  manner  and  in  such 
courts  as  shall  be  directed  by  law. 

§  12.  No  contract  of  marriage,  if  otherwi.sc  duly  made,  shall  be  invalidated 
for  want  of  conformity  to  the  requirements  of  any  religious  sect. 

§  13.  Taxation  shall  be  equal  and  uniform  throughout  the  state.  All  prop- 
erty in  this  state  shall  be  taxed  in  proportion  to  its  value,  to  be  ascertained  as 
directed  by  law,  but  assessors  and  collectors  of  town,  county,  and  state  taxes, 
shall  be  elected  by  the  qualified  electors  of  the  district,  county,  or  town  in  which 
the  property  taxed  for  state,  county,  or  town  purposes  is  situated. 

§  14.  All  property,  both  real  and  personal,  of  the  wife,  owned  or  claimed 
by  her  before  marriage,  and  that  acquired  afterwards  by  gift,  devise,  or  descent, 
shall  be  her  separate  property;  and  laws  shall  be  passed  more  clearly  defining 
the  rights  of  the  wife,  in  relation  as  well  to  her  separate  property,  as  to  that 
held  in  common  with  her  husband.  Laws  shall  also  be  passed  providing  for  the 
registration  of  the  wife's  separate  property. 

§  15.  The  legi-slature  shall  protect  by  law  from  forced  sale  a  certain  portion 
of  the  homestead  and  other  property  of  all  heads  of  families. 

§  16.     No  perpetuities  shall  be  allowed  except  for  eleemosynary  purposes. 


C0NSTITUTI03V    OF    THE    STATE    OF    CALIFORNIA— 1849.  Ixi 

§  17.  Every  person  shall  be  disqualified  from  holding  any  office  of  profit  in 
this  state  who  shall  have  been  convicted  of  having  given,  or  offered  a  bribe,  to 
procure  his  election  or  appointment. 

§  18.  LaAvs  shall  be  made  to  exclude  from  office,  serving  on  juries,  and  from 
the  right  of  suffrage,  those  who  shall  hereafter  be  convicted  of  bribery  perjury 
forgery,  or  other  high  crimes.  The  privilege  of  free  suffrage  shall  be  .supported 
by  laws  regulating  elections,  and  prohibiting,  under  adequate  penalties  all 
undue  influence  thereon  from  power,  bribery,  tumult,  or  other  improper 
practice. 

§  19.  Absence  from  this  state  on  business  of  the  state,  or  of  the  United  States 
shall  not  affect  the  question  of  residence  of  any  person. 

§  20.  A  plurality  of  the  votes  given  at  an  election  shall  constitute  a  choice 
where  not  otherwise  directed  in  this  constitution. 

§  21.  All  laws,  decrees,  regulations,  and  provisions,  which  from  their  nature 
require  publication,  shall  be  published  in  English  and  Spanish. 

Article  XII. 

BOUNDARY. 

The  boundary  of  the  state  of  California  shall  be  as  follows: 
Commencing  at  the  point  of  intersection  of  the  fortv-second  degree  of  north 
latitude  with  the  one  hundred  and  twentieth  degree  of  longitude  west  from 
Greenwich,  and  running  south  on  the  line  of  the  said  one  hundred  and  twentieth 
degree  of  west  longitude  until  it  intersects  the  thirty-ninth  degree  of  north 
latitude;  thence  running  in  a  straight  line  in  a  southeasterly  direction  to  the 
River  Colorado,  at  a  point  where  it  intersects  the  thirty-fifth  degree  of  north  lati- 
tude; thence  down  the  middle  of  the  channel  of  said  river,  to  the  boundary  line 
between  the  United  States  and  Mexico,  as  established  by  the  treaty  of  May  thir- 
tieth, eighteen  hundred  and  forty-eight;  thence  running  west  and  alono-  said 
boundary  Ime  to  the  Pacific  Ocean,  and  extending  therein  three  English  miles- 
thence  running  in  a  northwesterly  direction  and  following  the  direction  of  the 
Pacific  Coast  to  the  forty-second  degree  of  north  latitude;  thence  on  the  line 
of  said  forty-second  degree  of  north  latitude  to  the  place  of  beginning.     Also 
all  the  islands,  harbors,  and  bays,  along  and  adjacent  to  the  Pacific  Coast. 

SCHEDULE. 

§  1.  All  rights,  prosecutions,  claims  and  contracts,  as  well  of  individuals  as 
of  bodies  corporate,  and  all  laws  in  force  at  the  time  of  the  adoption  of  this 
constitution  and  not  inconsistent  therewith,  until  altered  or  repealed  by  the 
legislature,  shall  continue  as  if  the  same  had  not  been  adopted. 

§  2.  The  legislature  shall  provide  for  the  removal  of  all  causes  which  may 
be  pending  when  this  constitution  goes  into  effect,  to  courts  created  by  the  same. 

§3.  In  order  that  no  inconvenience  may  result  to  the  public  service  from 
the  taking  effect  of  this  constitution,  no  officer  shall  be  superseded  thereby  nor 
the  laws  relative  to  the  duties  of  the  several  officers  be  changed,  until  the  enter- 
ing into  office  of  the  new  officers  to  be  appointed  under  this  constitution. 

§4.  The  provisions  of  this  constitution  concerning  the  term  of  residence 
necessary  to  enable  persons  to  hold  certain  offices  therein  mentioned  shall  not  be 


Ixli  CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA— 1849. 

held  to  apply  to  officers  chosen  by  the  people  at  the  first  election,  or  by  the  legis- 
lature at  its  first  session. 

§  5.  Every  citizen  of  California,  declared  a  legal  voter  by  this  constitution, 
and  every  citizen  of  the  United  States  a  resident  of  this  state  on  the  day  of  elec- 
tion, shall  be  entitled  to  vote  at  the  first  general  election  under  this  constitu- 
tion, and  on  the  question  of  the  adoption  thereof. 

§  6.  This  constitution  shall  be  submitted  to  the  people,  for  their  ratification 
or  rejection,  at  the  general  election  to  be  held  on  Tuesday,  the  thirteenth  day  of 
November  next.  The  executive  of  the  existing  government  of  California  is 
hereby  requested  to  issue  a  proclamation  to  the  people,  directing  the  prefects  of 
the  several  districts,  or  in  case  of  vacancy,  the  subprefects,  or  senior  judge  of 
first  instance,  to  cause  such  election  to  be  held,  the  day  aforesaid,  in  the  respec- 
tive districts.  The  election  shall  be  conducted  in  the  manner  which  was  pre- 
scribed for  the  election  of  delegates  to  this  convention,  except  that  the  prefect, 
subprefect,  or  senior  judge  of  first  instance,  ordering  such  election  in  each  dis- 
trict, shall  have  power  to  designate  any  additional  number  of  places  for  opening 
the  polls,  and  that,  in  every  place  of  holding  the  election,  a  regular  poll-list  shall 
be  kept  by  the  judges  and  inspectors  of  election.  It  shall  ahso  be  the  duty  of 
these  judges  and  inspectors  of  election,  on  the  day  aforesaid,  to  receive  the  votes 
of  the  electors  qualified  to  vote  at  such  election.  Each  voter  shall  express  his 
opinion,  by  depositing  in  the  ballot-box  a  ticket,  whereon  shall  be  written,  or 
printed,  "For  the  Constitution,"  or  "Against  the  Constitution,"  or  some  such 
words  as  will  distinctly  convey  the  intention  of  the  voter.  These  judges  and 
inspectors  shall  also  receive  the  votes  for  the  several  officers  to  be  voted  for  at 
the  said  election  as  herein  provided.  At  the  close  of  the  election,  the  judges  and 
inspectors  shall  carefully  count  each  ballot,  and  fortliwith  make  duplicate  re- 
turns thereof  to  the  prefect,  subprefect,  or  senior  judge  of  first  instance,  as  the 
case  may  be,  of  their  respective  districts;  and  said  prefect,  subprefect,  or  senior 
judge  of  first  instance  shall  transmit  one  of  the  same,  by  the  most  safe  and  rapid 
conveyance,  to  the  secretary  of  state.  Upon  the  receipt  of  said  returns,  or  on  the 
tenth  day  of  December  next,  if  the  returns  be  not  sooner  received,  it  shall  be 
the  duty  of  a  board  of  canvassers,  to  consist  of  the  secretary  of  state,  one  of  the 
judges  of  the  superior  court,  the  prefect,  judge  of  first  instance,  and  an  alcalde 
of  the  district  of  Monterey,  or  any  three  of  the  aforementioned  officers,  in  the 
presence  of  all  who  shall  choose  to  attend,  to  compare  the  votes  given  at  said 
election,  and  to  immediately  publish  an  abstract  of  the  same  in  one  or  more  of 
the  newspapers  of  California.  And  the  executive  will  also,  immediately  after 
ascertaining  that  the  constitution  has  been  ratified  by  the  people,  make  procla- 
mation of  the  fact ;  and  thenceforth  this  constitution  shall  be  ordained  and  estab- 
lished as  the  constitution  of  California. 

§7.  If  this  constitution  shall  be  ratified  by  the  people  of  California,  the 
executive  of  the  existing  government  is  hereby  requested  immeiliately  after  the 
same  shall  be  ascertained,  in  the  manner  herein  directed,  to  cause  a  fair  copy 
thereof  to  be  forwarded  to  the  president  of  the  United  States,  in  order  that  he 
may  lay  it  before  the  Congress  of  the  United  States. 

§  8.  At  the  general  election  aforesaid,  viz.,  the  thirteenth  day  of  November 
next,  there  shall  be  elected  a  governor,  lieutenant-governor,  members  of  the 
legislature,  and  also  two  members  of  Congress. 


CONSTITUTIOIV    OF    THE    STATE     OF    CALIFORNIA — 1849.  Ixiii 

§  9.  If  this  constitution  shall  be  ratified  by  the  people  of  California,  the 
legislature  shall  assemble  at  the  seat  of  government  on  the  fifteenth  day  of 
December  next ;  and  in  order  to  complete  the  organization  of  that  body,  the 
senate  shall  elect  a  president  pro  tempore,  until  the  lieutenant-governor  shall  be 
installed  into  office. 

§  10.  On  the  organization  of  the  legislature,  it  shall  be  the  duty  of  the  secre- 
tary of  state  to  lay  before  each  house  a  copy  of  the  abstract  made  by  the  board 
of  canvassers,  and,  if  called  for,  the  original  returns  of  election,  in  order  that 
each  house  may  judge  of  the  correctness  of  the  report  of  said  board  of  can- 
vassers. 

§  11.  The  legislature,  at  its  first  session,  shall  elect  such  officers  as  may  be 
ordered  by  this  constitution,  to  be  elected  by  that  body,  and  within  four  days 
after  its  organization,  proceed  to  elect  two  senators  to  the  Congress  of  the  United 
States.  But  no  law  passed  by  this  legislature  shall  take  effect  until  signed  by 
the  governor  after  his  installation  into  office. 

§  12.  The  senators  and  representatives  to  the  Congress  of  the  United  States, 
elected  by  the  legislature  and  people  of  California,  as  herein  directed,  shall  be 
furnished  with  certified  copies  of  this  constitution,  when  ratified,  Avhich  they 
shall  lay  before  the  Congress  of  the  United  States,  requesting,  in  the  name  of 
the  people  of  California,  the  admission  of  the  state  of  California  into  the  Ameri- 
can Union. 

§  13.  All  officers  of  this  state,  other  than  members  of  the  legislature,  shall 
be  installed  into  office  on  the  fifteenth  day  of  December  next,  or  as  soon  there- 
after as  practicable. 

^  14.  Until  the  legislature  shall  divide  the  state  into  counties,  and  senatorial 
and  assembly  districts,  as  directed  by  this  constitution,  the  following  shall  be 
the  apportionment  of  the  two  houses  of  the  legislature,  viz. :  The  districts  of 
San  Diego  and  Los  Angeles  shall  jointly  elect  two  senators;  the  districts  of 
Santa  Barbara  and  San  Luis  Obispo  shall  jointly  elect  one  senator;  the  district 
of  Monterey,  one  senator;  the  district  of  San  Jose,  one  senator;  the  district  of 
San  Francisco,  two  senators ;  the  district  of  Sonoma,  one  senator ;  the  district  of 
Sacramento,  four  senators ;  and  the  district  of  San  Joaquin,  four  senators.  And 
the  district  of  San  Diego  shall  elect  one  member  of  assembly;  the  district  of 
Los  Angeles,  two  members  of  assembl}- ;  the  district  of  Santa  Barbara,  two  mem- 
bers of  assembly ;  the  district  of  San  Luis  Obispo,  one  member  of  assembly ;  the 
district  of  ^Monterey,  two  members  of  assembly;  the  district  of  San  Jose,  three 
members  of  assembly;  the  district  of  San  Francisco,  five  members  of  assembly; 
the  district  of  Sonoma,  two  members  of  assembly;  the  district  of  Sacramento, 
nine  members  of  assembly ;  and  the  district  of  San  Joaquin,  nine  members  of 
assembly, 

§  15.  Until  the  legislature  shall  otherwise  direct,  in  accordance  with  the  pro- 
visions of  this  constitution,  the  salary  of  the  governor  shall  be  ten  thousand  dol- 
lars per  annum ;  and  the  salary  of  the  lieutenant-governor  shall  be  double  the 
pay  of  a  .state  senator ;  and  the  pay  of  members  of  the  legislature  shall  be  sixteen 
dollars  per  diem,  Avhile  in  attendance,  and  sixteen  dollars  for  every  twenty  miles' 
travel  by  the  usual  route  from  their  residences  to  the  place  of  holding  the  session 
of  the  legislature,  and  in  returning  therefrom.     And  the  legislature  shall  fix 


Ixiv 


ACT    OF    ADMISSION. 


the  salaries  of  all  officers,  other  than  those  elected  by  the  people,  at  the  first 
election. 

§  16.  The  limitation  of  the  powers  of  the  legislature,  contained  in  article 
eight  of  this  constitution,  shall  not  extend  to  the  first  legislature  elected  under 
the  same,  which  is  hereby  authorized  to  negotiate  for  such  amount  as  may  be 
necessary  to  pay  the  expenses  of  the  state  government. 

R.  SEMPLE, 
President  of  the  convention,  and  delegate  from  Benicia. 
WM.  G.  MARCY,  Secretary. 


J.   ARAM, 

C.  T.  BOTTS, 

E.    BROWN, 

J.  A.   CARRILLO, 

J.  M.  COVARRUBIAS, 

E.   O.   CROSBY, 

P.   DE  LA  GUERRA, 

L.   DENT, 

M.    DOMINGUEZ, 

K.    H.    DIMMICK, 

A.    J.    ELLIS, 

S.   C.   FOSTER, 

E.    GILBERT, 

W.    M.    GWIN, 

H.  W.  HALLECK, 

JULIAN  HANKS, 


L.    W.    HASTINGS, 

HENRY   HILL, 

J.    HOBSON, 

J.    McH.    HOLLINSWORTH, 

J.    M.    JONES, 

J.   D.   HOPPE. 

T.   O.   LARKIN. 

FRANCIS  J.  LIPPITT, 

B.    S.    LIPPINCOTT. 

M.    M.    McCARVER, 

JOHN    McDOUGAL, 

B.   F.  MOORE. 

MYRON   NORTON, 

P.    ORD, 

MIGUEL   PEDRORENA. 

A.    M.    PICO. 


R.   M.    PRICE. 

HUGO   REID. 

JACINTO   RODRIGUEZ, 

PEDRO   SANSEVAINE, 

W.    E.    SHANNON, 

W.    S.    SHERWOOD. 

J.    R.    SNYDER, 

A.    STEARNS. 

W.    M.    STEUART. 

J.   A.    SUTTER. 

HENRY   A.   TEFFT, 

s.  L.  vermp:ule. 

M.    G.    A'ALLEJO. 

J.   WALKER. 

O.    M.    WOZENCRAFT. 


ACT   OF   ADMISSION. 
AN    ACT 

FOR   THE   ADMISSION    OP   THE   STATE    OF    CALIFORNIA    INTO    THE   UNION, 

Whereas,  the  people  of  California  have  presented  a  constitution,  and  asked 
admission  into  the  Union,  which  constitution  was  submitted  to  Congress  by 
the  president  of  the  United  States,  by  message,  dated  February  thirteenth, 
eighteen  hundred  and  fifty,  and  which,  on  due  examination,  is  found  to  be 
republican  in  its  form  of  government: — 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the  United  States 
of  America,  in  Congress  assembled,  That  the  state  of  California  shall  be  one, 
and  is  hereby  declared  to  be  one,  of  the  United  States  of  America,  and  admitted 
into  the  Union  on  an  equal  footing  with  tlie  original  states,  in  all  respects  what- 
ever. 

§  2.  And  be  it  further  enacted,  That,  until  the  representatives  in  Congress 
shall  be  apportioned,  according  to  an  actual  enumeration  of  the  inhabitants *of 
the  United  States,  the  state  of  California  shall  be  entitled  to  two  i-epresentatives 
in  Congress. 

§  3.  And  be  it  further  enacted,  That  the  said  state  of  California  is  admitted 
into  the  Union  upon  the  express  condition  that  the  people  of  said  state,  through 
their  legislature  or  otherwise,  shall  never  interfere  with  the  primary  dispo.sal  of 
the  public  lands  within  its  limits,  and  shall  pass  no  law  and  do  no  act  whereby 
the  title  of  the  United  States  to,  and  right  to  dispose  of,  the  same  shall  be  im- 
paired or  questioned;  and  that  they  shall  never  lay  any  tax,  or  assessment  of 


CONSTITUTION     OF    THE     STATE     OF    CALIFORNIA — 1879.  IxT 

any  description  whatsoever,  upon  the  public  domain  of  the  United  States,  and  in 
no  case  shall  non-resident  proprietors,  who  are  citizens  of  the  United  States,  be 
taxed  higher  than  residents;  and  that  all  the  navigable  waters  within  the  said 
state  shall  be  common  highways,  and  forever  free,  as  well  to  the  inhabitants  of 
said  state  as  to  the  citizens  of  the  United  States,  without  any  tax,  impost  or  duty 
therefor ;  provided,  that  nothing  herein  contained  shall  be  construed  as  recogniz- 
ing or  rejecting  the  propositions  tendered  by  the  people  of  California  as  articles 
of  compact  in  the  ordinance  adopted  by  the  convention  which  formed  the  con- 
stitution of  that  state. 

Approved,  September  ninth,  eighteen  hundred  and  fifty. 


CONSTITUTION  OF   THE  STATE   OF   CALIFORNIA. 

Adopted  March  3,  1879. 
Ratified  May  17,  1879. 
In  force  July  4,  1879. 

PREAMBLE. 

We,  the  people  of  the  state  of  California,  grateful  to  Almighty  God  for  our 
freedom,  in  order  to  secure  and  perpetuate  its  blessings,  do  establish  this  consti- 
tution. 

Article  I. 

DECLARATION    OF    RIGHTS. 

§  1.  All  men  are  by  nature  free  and  independent,  and  have  certain  inalien- 
able rights,  among  which  are  those  of  enjoying  and  defending  life  and  liberty; 
acquiring,  posses.sing,  and  protecting  property' ;  and  pursuing  and  obtaining 
safety  and  happiness. 

§  2.  All  political  power  is  inherent  in  the  people.  Government  is  instituted 
for  the  protection,  security,  and  benefit  of  the  people,  and  they  have  the  right 
to  alter  or  reform  the  same  whenever  the  public  good  may  require  it. 

§  3.  The  state  of  California  is  an  inseparable  part  of  the  American  Union, 
and  the  constitution  of  the  United  States  is  the  supreme  law  of  the  land. 

§  4.  The  free  exercise  and  enjoyment  of  religious  profession  and  worship, 
without  discrimination  or  preference,  shall  forever  be  guaranteed  in  this  state; 
and  no  person  shall  be  rendered  incompetent  to  be  a  witness  or  juror  on  account 
of  his  opinions  on  matters  of  religious  belief ;  but  the  liberty  of  conscience  hereby 
secured  .shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify 
practices  inconsistent  with  the  peace  or  safety  of  this  state. 

§  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended  unless 
when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require  its  sus- 
pension. 

§  6.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless  for  capital 
offenses  when  the  proof  is  evident  or  the  presumption  great.  Excessive  bail 
shall  not  be  required,  nor  excessive  fines  imposed;  nor  shall  cruel  or  unusual 
punishment  be  inflicted.  Witnesses  shall  not  be  unreasonably  detained,  nor  con- 
fined in  any  room  where  criminals  are  actually  imprisoned. 

Gen.  Laws — v 


Ixvi  C0NSTITUTI03V    OP    THE    STATE    OF    CALIFORNIA — 1879. 

§  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  remain  inviolate ; 
but  in  civil  actions  three  fourths  of  the  jury  may  render  a  verdict.  A  trial  by 
jury  may  be  waived  in  all  criminal  cases  not  amounting  to  a  felony,  by  the  con- 
sent of  both  parties,  expressed  in  open  court,  and  in  civil  actions  by  the  consent 
of  the  parties,  signified  in  such  manner  as  may  be  prescribed  by  law.  In  civil 
actions  and  cases  of  misdemeanor,  the  jury  may  consist  of  twelve,  or  of  any  num- 
ber less  than  twelve  upon  which  the  parties  may  agree  in  open  court. 

§  8.  Offenses  heretofore  required  to  be  prosecuted  by  indictment  shall  be 
prosecuted  by  information,  after  examination  and  commitment  by  a  magistrate, 
or  by  indictment,  with  or  without  such  examination  and  commitment,  as  may  be 
prescribed  by  law.  A  grand  jury  shall  be  drawn  and  summoned  at  least  once  a 
year  in  each  county. 

§  9.  Every  citizen  may  freely  speak,  write,  and  publish  his  sentiments  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right;  and  no  law  shall  be 
passed  to  restrain  or  abridge  the  liberty  of  speech  or  of  the  press.  In  all  crim- 
inal prosecutions  for  libels,  the  truth  may  be  given  in  evidence  to  the  jury ;  and 
if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libelous  is  true,  and 
was  published  with  good  motives,  and  for  justifiable  ends,  the  party  .shall  be 
acquitted ;  and  the  jury  shall  have  the  right  to  determine  the  law  and  the  fact. 
Indictments  found,  or  information  laid,  for  publications  in  newspapers,  shall 
be  tried  in  the  county  where  such  newspapers  have  their  publication  office,  or  in 
the  county  where  the  party  alleged  to  be  libeled  resided  at  the  time  of  the 
alleged  publication,  unless  the  place  of  trial  shall  be  changed  for  good  cause. 

§  10.  The  people  shall  have  the  right  to  freely  assemble  together  to  consult 
for  the  common  good,  to  instruct  their  representatives,  and  to  petition  the  legis- 
lature for  redress  of  grievances. 

§  11.     All  laws  of  a  general  nature  shall  have  a  uniform  operation. 

§  12.  The  military  shall  be  subordinate  to  the  civil  power.  No  standing 
army  shall  be  kept  up  by  this  state  in  time  of  peace,  and  no  soldier  shall,  in  time 
of  peace,  be  quartered  in  any  house  without  the  consent  of  the  owner;  nor  in 
time  of  war,  except  in  the  manner  prescribed  by  law. 

§  13.  In  criminal  prosecutions,  in  any  court  whatever,  the  party  accused 
shall  have  the  right  to  a  speedy  and  public  trial ;  to  have  the  process  of  the  court 
to  compel  the  attendance  of  witnesses  in  his  behalf,  and  to  appear  and  defend, 
in  person  and  with  counsel.  No  person  shall  be  twice  put  in  jeopardy  for  the 
same  offense;  nor  be  compelled,  in  any  criminal  case,  to  be  a  witness  against 
himself;  nor  be  deprived  of  life,  liberty,  or  property  without  due  process  of 
law.  The  legislature  shall  have  power  to  provide  for  the  taking,  in  the  presence 
of  the  party  accused  and  his  counsel,  of  depositions  of  witnesses,  in  criminal 
cases  other  than  cases  of  homicide,  when  there  is  reason  to  believe  that  the  wit- 
ness, from  inability  or  other  cause,  will  not  attend  at  the  trial. 

§  14.  Private  property  shall  not  be  taken  or  damaged  for  public  use  without 
just  compensation  having  been  first  made  to,  or  paid  into  court  for,  the  owner, 
and  no  right  of  way  shall  be  appropriated  to  the  use  of  any  corporation  other 
than  municipal  until  full  compensation  therefor  be  first  made  in  money  or  ascer- 
tained and  paid  into  court  for  the  owner,  irrespective  of  any  benefit  from  any 
improvement  proposed  by  such  corporation,  which  compensation  shall  be  ascer- 


CONSTITUTIOX    OF    THE     STATE     OF    CALIFORNIA — 1879.  IxtU 

tained  by  a  jury,  unless  a  jury  be  waived,  as  in  other  civil  cases  in  a  court  of 
record,  as  shall  be  prescribed  by  law. 

§  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action,  on  mesne 
or  final  process,  unless  in  cases  of  fraud,  nor  in  civil  actions  for  torts,  except  in 
cases  of  wilful  injury  to  person  or  property ;  and  no  person  shall  be  imprisoned 
for  a  militia  fine  in  time  of  peace. 

§  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obligations 
of  contracts,  shall  ever  be  passed. 

§  17.  Foreignei-s  of  the  white  race,  or  of  African  descent,  eligible  to  become 
citizens  of  the  United  States  under  the  naturalization  laws  thereof,  while  bona 
fide  residents  of  this  state,  shall  have  the  same  rights  in  respect  to  the  acquisi- 
tion, possession,  enjoyment,  transmission,  and  inheritance  of  all  property,  other 
than  real  estate,  as  native  born  citizens ;  provided,  that  such  aliens  owning  real 
estate  at  the  time  of  the  adoption  of  this  amendment  may  remain  such  owners ; 
and  provided  further,  that  the  legi.slature  may,  by  statute,  provide  for  the  dis- 
position of  real  estate  which  shall  hereafter  be  acquired  by  such  aliens  by  de- 
scent or  devise.     [Amendment  adopted  November  6,  1894.] 

§  18.  Neither  slavery  nor  involuntary  servitude^,  unless  for  the  punishment 
of  crime,  shall  ever  be  tolerated  in  this  state. 

§  19.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  seizures  and  searches,  shall  not  be  violated; 
and  no  warrant  shall  issue  but  on  probable  cause,  supported  by  oath  or  affirma- 
tion, particularly  describing  the  place  to  be  searched  and  the  person  and  things 
to  be  seized. 

§  20.  Treason  against  the  state  shall  consist  only  in  levying  war  against  it, 
adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  evidence  of  two  witnesses  to  the  same  overt 
act,  or  confession  in  open  court. 

§  21.  No  special  privileges  or  immunities  shall  ever  be  granted  which  may 
not  be  altered,  revoked  or  repealed  by  the  legislature,  nor  shall  any  citizen,  or 
class  of  citizens,  be  granted  privileges  or  immunities  which,  upon  the  same  terms, 
shall  not  be  granted  to  all  citizens. 

§  22.  The  provisions  of  this  constitution  are  mandatory  and  prohibitory,  un- 
less by  express  words  they  are  declared  to  be  otherwise. 

§  23.  This  enumeration  of  rights  shall  not  be  construed  to  impair  or  deny 
others  retained  by  the  people. 

§  24.  No  property  qualifications  shall  ever  be  required  for  any  person  to 
vote  or  hold  office. 

Article  II. 

RIGHT    OF   SUFFRAGE. 

§  1.  Every  native  male  citizen  of  the  United  States,  every  male  person  who 
shall  have  acquired  the  rights  of  citizenship  under  or  by  virtue  of  the  treaty  of 
Queretaro,  and  every  male  naturalized  citizen  thereof,  who  shall  have  become 
such  ninety  days  prior  to  any  election,  of  the  age  of  twenty-one  years,  who  shall 
have  been  resident  of  the  state  one  year  next  preceding  the  election,  and  of  the 
county  in  which  he  claims  his  vote  ninety  days,  and  in  the  election  precinct 


Ixvili  CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA— 1879. 

thirty  days,  shall  be  entitled  to  vote  at  all  elections  which  are  now  or  may  here- 
after be  authorized  by  law;  provided,  no  native  of  China,  no  idiot,  no  insane 
person,  no  person  convicted  of  any  infamous  crime,  no  person  hereafter  con- 
victed of  the  embezzlement  or  misappropriation  of  public  money,  and  no  person 
who  shall  not  be  able  to  read  the  constitution  in  the  English  language  and  write 
his  name,  shall  ever  exercise  the  privileges  of  an  elector  in  this  state ;  provided, 
that  the  provisions  of  this  amendment  relative  to  an  educational  qualification 
shall  not  apply  to  any  person  prevented  by  a  physical  disability  from  complying 
with  its  requisitions,  nor  to  any  person  who  now  has  the  right  to  vote,  nor  to 
any  person  who  shall  be  sixty  years  of  age  and  upwards  at  the  time  this  amend- 
ment shall  take  effect.     [Amendment  adopted  November  6,  1894.] 

§  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach  of  the  peace, 
be  privileged  from  arrest  on  the  days  of  election,  during  their  attendance  at 
such  election,  going  to  and  returning  therefrom. 

§  2%.  The  legislature  shall  have  the  power  to  enact  laws  relative  to  the  elec- 
tion of  delegates  to  conventions  of  political  parties  at  elections  known  and  desig- 
nated as  primary  elections.  Also  to  determine  the  tests  and  conditions  upon 
which  electors,  political  parties,  or  organizations  of  voters,  may  participate  in 
any  such  primary  election,  which  tests  or  conditions  may  be  ditferent  from  the 
tests  and  conditions  required  and  permitted  at  other  elections  authorized  by 
law;  or  the  legislature  may  delegate  the  power  to  determine  such  tests  or  con- 
ditions, at  primary  elections,  to  the  various  political  parties  participating  therein. 
It  shall  also  be  lawful  for  the  legislature  to  prescribe  that  any  such  primary 
election  law  shall  be  obligatory  and  mandatory  in  any  city,  or  any  city  and 
county,  or  in  any  county,  or  in  any  political  subdivision,  of  a  designated  popu- 
lation, and  that  such  law  shall  be  optional  in  any  city,  city  and  county,  county, 
or  political  subdivision  of  a  lesser  population,  and  for  such  purpose  such  law 
may  declare  the  population  of  any  city,  city  and  county,  county,  or  political 
subdivision,  and  may  also  provide  what,  if  any,  compensation  primary  election 
officers  in  defined  places  or  political  subdivisions  may  receive,  without  making 
compensation  either  general  or  uniform.  [Amendment  adopted  November  6. 
1900.] 

§  3.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the  day  of  elec- 
tion, except  in  time  of  war  or  public  danger. 

§  4.  For  the  purpose  of  voting,  no  per.son  shall  be  deemed  to  have  gained  or 
lost  a  residence  by  reason  of  his  presence  or  absence  while  employed  in  the  ser- 
vice of  the  United  States ;  nor  while  engaged  in  the  navigation  of  the  waters  of 
this  state,  or  of  the  United  States,  or  of  the  high  seas-,  nor  while  a  student  at 
any  seminary  of  learning;  nor  while  kept  in  any  almshouse  or  other  asylum,  at 
public  expense;  nor  while  confined  in  any  public  prison. 

§  5.  All  elections  by  the  people  shall  be  by  ballot  or  by  such  other  method 
as  may  be  prescribed  by  law;  provided,  that  secrecy  in  voting  be  preserved. 
[Amendment  adopted  November  3,  1896.] 

§  6.  The  inhibitions  of  this  constitution  tp  the  contrary  notwithstanding,  the 
legislature  shall  have  power  to  provide  that  in  different  parts  of  the  state  differ- 
ent methods  may  be  employed  for  receiving  and  registering  the  will  of  the  people 
as  expressed  at  elections,  and  may  provide  that  mechanical  devices  may  be  used 


CONSTITLTIOIV     OF    THE     STATE     OF    CALIFORNIA — 1879.  Ixix 

within  designated  subdivisions  of  the  state  at  the  option  of  the  local  authority 
indicated  by  the  legislature  for  that  purpose.  [New  section,  adopted  November 
4,  1902.] 

Article  III. 

DISTRIBUTION    OF   POWERS. 

§  1.  The  powers  of  the  government  of  the  state  of  California  shall  be  divided 
into  three  separate  departments — the  legislative,  executive,  and  judicial ;  and 
no  person  charged  with  the  exercise  of  powers  properly  belonging  to  one  of  these 
depaitments  sliall  exercise  any  functions  appertaining  to  either  of  the  others, 
except  as  in  this  constitution  expressly  directed  or  permitted. 

Article  IV. 

LEGISLATIVE   DEPARTMENT. 

§  1.  The  legislative  power  of  this  state  shall  be  vested  in  a  senate  and  as- 
sembly, which  shall  be  designated  the  legislature  of  the  state  of  California ;  and 
the  enacting  clause  of  every  law  shall  be  as  follows:  "The  People  of  the  state 
of  California,  represented  in  senate  and  assembly,  do  enact  as  follows." 

§2.  The  sessions  of  the  legislature  shall  commence  at  twelve  o'clock  m.  on 
the  first  Monday  after  the  first  day  of  January  next  succeeding  the  election  of 
its  members,  and  after  the  election  held  in  the  year  eighteen  hundred  and  eighty 
shall  be  biennial,  unless  the  governor  shall,  in  the  interim,  convene  the  legisla- 
ture by  proclamation.  No  pay  shall  be  allowed  to  members  for  a  longer  time 
than  sixtj'  days,  except  for  the  first  session  after  the  adoption  of  this  constitu- 
tion, for  which  they  may  be  allowed  pay  for  one  hundred  days.  And  no  bill 
shall  be  introduced  in  either  house  after  the  expiration  of  ninety  days  from  the 
commencement  of  the  first  session,  nor  after  fifty  days  after  the  commencement 
of  each  succeeding  session,  without  the  consent  of  two  thirds  of  the  members 
thereof. 

§  3.  Members  of  the  assembly  shall  be  elected  in  the  year  eighteen  hundred 
and  seventy-nine,  at  the  time  and  in  the  manner  now  provided  by  law.  The  sec- 
ond election  of  members  of  the  assembly,  after  the  adoption  of  this  constitution, 
shall  be  on  the  first  Tuesday  after  the  first  Monday  in  November,  eighteen  hun- 
dred and  eighty.  Thereafter  members  of  the  assembly  shall  be  chosen  biennially, 
and  their  term  of  office  shall  be  two  years;  and  each  election  shall  be  on  the  first 
Tuesday  after  the  first  Monday  in  November,  unless  otherwise  ordered  by  the 
legislature. 

§  4.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the  same  time 
and  places  as  members  of  the  assembly,  and  no  person  shall  be  a  member  of  the 
senate  or  assembly  who  has  not  been  a  citizen  and  inhabitant  of  the  state  three 
years,  and  of  the  district  for  which  he  shall  be  chosen  one  year,  next  before  his 
election. 

§  5.  The  senate  shall  consist  of  forty  members,  and  the  assembly  of  eighty 
members,  to  be  elected  by  districts,  numbered  as  hereinafter  provided.  The  seats 
of  the  twenty  senators  elected  in  the  year  eighteen  hundred  and  eighty-two 
from  the  odd-numbered  districts  shall  be  vacated  at  the  expiration  of  the  second 
year,  so  that  one  half  of  the  senators  shall  be  elected  every  two  years ;  provided, 


Ixx  CONSTITUTION    OF    THE     STATK     OF    CALIFORNIA — 1879. 

that  all  the  senators  elected  at  the  first  election  under  this  constitution  shall 
hold  office  for  the  term  of  three  years. 

§  6.  For  the  purpose  of  choosing  members  of  the  legislature,  the  state  shall 
be  divided  into  forty  senatorial  and  eighty  assembly  districts,  as  nearly  equal 
in  population  as  may  be,  and  composed  of  contiguous  territory,  to  be  called 
senatorial  and  assembly  districts.  Each  senatorial  district  shall  choose  one 
senator,  and  each  assembly  district  shall  choose  one  member  of  assembly.  The 
senatorial  districts  shall  be  numbered  from  one  to  forty,  inclusive,  in  numeri- 
cal order,  and  the  assembly  districts  shall  be  numbered  from  one  to  eighty  in  the 
same  order,  commencing  at  the  northern  boundary  of  the  state  and  ending  at  the 
southern  boundary  thereof.  In  the  formation  of  such  districts  no  county,  or  city 
and  county,  shall  be  divided,  unless  it  contains  sufficient  population  within  itself 
to  form  two  or  more  districts,  nor  shall  a  part  of  any  county,  or  of  any  city  and 
county,  be  united  with  any  other  county,  or  city  and  county,  in  forming  any  dis- 
trict. The  census  taken  under  the  direction  of  the  Congress  of  the  United  States  in 
the  year  one  thousand  eight  hundred  and  eighty,  and  every  ten  years  thereafter, 
shall  be  the  basis  of  fixing  and  adjusting  the  legislative  districts ;  and  the  legis- 
lature shall,  at  its  firet  session  after  each  census,  adjust  such  districts  and  re- 
apportion the  representation  so  as  to  preserve  them  as  near  equal  in  population 
as  may  be.  But  in  making  such  adjustment  no  persons  who  are  not  eligible  to 
become  citizens  of  the  United  States,  under  the  naturalization  laws,  shall  be 
counted  as  forming  a  part  of  the  population  of  any  district.  Until  such  district- 
ing as  herein  provided  for  shall  be  made,  senators  and  assemblymen  shall  be 
elected  by  the  districts  according  to  the  apportionment  now  provided  for  by  law. 

§  7.  Each  house  shall  choose  its  officers,  and  judge  of  the  qualifications,  elec- 
tions, and  returns  of  its  members. 

§  8.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business,  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

§  9.  Each  house  shall  determine  the  rule  of  its  proceeding,  and  may,  with 
the  concurrence  of  two  thirds  of  all  the  members  elected,  expel  a  member. 

§  10.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  the 
same;  and  the  yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  any  three  members  present,  be  entered  on  the  journal. 

§  11.  Members  of  the  legislature  shall,  in  all  cases,  except  treason,  felony, 
and  breach  of  the  peace,  be  privileged  from  arrest,  and  shall  not  be  subject  to 
any  civil  process  during  the  session  of  the  legislature,  nor  for  fifteen  days  next 
before  the  commencement  and  after  the  termination  of  each  session. 

§  12.  When  vacancies  occur  in  either  house,  the  governor,  or  the  person 
exercising  the  functions  of  the  governor,  shall  issue  writs  of  election  to  fill  such 
vacancies. 

§  13.  The  doors  of  each  house  shall  be  open,  except  on  such  occasions  as,  in 
the  opinion  of  the  house,  may  require  secrecy. 

§  14.  Neither  house  shall,  without  the  eon.sent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  place  other  than  that  in  which  they  may  be  sitting. 


COIVSTITUTIOIV     OF    THE     STATE     OF     CALIFORNIA — 1879.  Ixxi 

Nor  shall  the  members  of  either  house  draw  pay  for  any  recess  or  adjournment 
for  a  longer  thne  than  three  days. 

§  15.  No  law  shall  be  passed  except  by  bill.  Nor  shall  any  bill  be  put  upon 
its  final  passage  until  the  same,  with  the  amendments  thereto,  shall  have  been 
printed  for  the  use  of  the  members ;  nor  shall  any  bill  become  a  law  unless  the 
same  be  read  on  three  several  days  in  each  house,  unless,  in  case  of  urgency,  two 
thirds  of  the  house  where  such  bill  may  be  pending  shall,  by  a  vote  of  yeas  and 
nays,  dispense  with  this  provision.  Any  bill  may  originate  in  either  house,  but 
may  be  amended  or  rejected  by  the  other;  and  on  the  final  passage  of  all  bills 
they  shall  be  read  at  length,  and  the  vote  shall  be  by  yeas  and  nays  upon  each 
bill  separately,  and  shall  be  entered  on  the  journal,  and  no  bill  shall  become  a 
law  without  the  concurrence  of  a  majority  of  the  members  elected  to  each  house. 

§  16.  Every  bill  which  may  have  passed  the  legislature  shall,  before  it  be- 
comes a  law,  be  presented  to  the  governor.  If  he  approve  it,  he  shall  sign  it ;  but 
if  not,  he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  originated, 
which  shall  enter  such  objections  upon  the  journal  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  it  again  passes  both  houses,  by  yeas  and  nays,  two 
thirds  of  the  members  elected  to  each  house  voting  therefor,  it  shall  become  a 
law,  notwithstanding  the  governor's  objections.  If  any  bill  shall  not  be  re- 
turned within  ten  days  after  it  shall  have  been  presented  to  him  (Sundays  ex- 
cepted), the  same  shall  become  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  legislature,  by  adjournment,  prevent  such  return,  in  which  case  it  shall  not 
become  a  law,  unless  the  governor,  within  ten  days  after  such  adjournment  (Sun- 
days excepted),  shall  sign  and  deposit  the  same  in  the  office  of  the  secretary  of 
state,  in  which  case  it  shall  become  a  law  in  like  manner  as  if  it  had  been  signed 
bj''  him  before  adjournment.  If  any  bill  presented  to  the  governor  contains  sev- 
eral items  of  appropriation  of  money,  he  may  object  to  one  or  more  items,  while 
approving  other  portions  of  the  bill.  In  such  case  he  shall  append  to  the  bill, 
at  the  time  of  signing  it,  a  statement  of  the  items  to  which  he  objects,  and  the 
reasons  therefor,  and  the  appropriations  so  objected  to  shall  not  take  effect  un- 
less pas.sed  over  the  governor's  veto,  as  hereinbefore  provided.  If  the  legislature 
be  in  session,  the  governor  shall  transmit  to  the  house  in  which  the  bill  originated 
a  copy  of  such  statement,  and  the  items  so  objected  to  shall  be  separately  recon- 
sidered in  the  same  manner  as  bills  which  have  been  disapproved  by  the 
governor. 

§  17.  The  assembly  shall  have  the  sole  power  of  impeachment,  and  all  im- 
peachments shall  be  tried  by  the  senate.  When  sitting  for  that  purpose,  the 
senators  shall  be  upon  oath  or  affirmation,  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two  thirds  of  the  members  elected. 

§  18.  The  governor,  lieutenant-governor,  secretary  of  state,  controller,  treas- 
urer, attorney-general,  surveyor-general,  chief  justice  and  associate  justices  of 
the  supreme  court,  and  judges  of  the  superior  courts,  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office;  but  judgment  in  such  cases  shall  extend 
only  to  removal  from  office  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  the  state;  but  the  party  convicted  or  acquitted  shall, 
nevertheless,  be  liable  to  indictment,  trial,  and  punishment,  according  to  law. 
All  other  civil  officers  shall  be  tried  for  misdemeanor  in  office  in  such  manner 
as  the  legislature  may  provide. 


Ixxil  CONSTITUTION    OF    THE     STATE    OF    CALIFORNIA— 1879. 

§  19.  No  senator  or  member  of  assembly  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under  this 
state  which  shall  have  been  created,  or  the  emoluments  of  which  have  been 
increased,  during  such  term,  except  such  offices  as  may  be  filled  by  election  by 
the  people. 

§  20.  No  person  holding  any  lucrative  office  under  the  United  States,  or 
any  other  power,  shall  be  eligible  to  any  civil  office  of  profit  under  this  state ; 
provided,  that  officers  in  the  militia  who  receive  no  annual  salary,  local  officers, 
or  postmasters  whose  compensation  does  not  exceed  five  hundred  dollars  per 
annum,  shall  not  be  deemed  to  hold  lucrative  offices. 

§  21.  No  person  convicted  of  the  embezzlement  or  defalcation  of  the  public 
funds  of  the  United  States,  or  of  any  state,  or  of  any  county  or  municipality 
therein,  shall  ever  be  eligible  to  any  office  of  honor,  trust,  or  profit  under  this 
state,  and  the  legislature  shall  provide,  by  law,  for  the  punishment  of  embez- 
zlement or  defalcation  as  a  felony. 

§  22.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  ap- 
propriations made  by  law,  and  upon  warrants  duly  drawn  thereon  by  the  con- 
troller; and  no  money  shall  ever  be  appropriated  or  drawn  from  the  state 
treasury  for  the  use  or  benefit  of  any  corporation,  association,  asylum,  hos- 
pital, or  any  other  institution  not  under  the  exclusive  management  and  control 
of  the  state  as  a  state  institution,  nor  shall  any  grant  or  donation  of  property 
ever  be  made  thereto  by  the  state;  provided,  that  notwithstanding  anything 
contained  in  this  or  any  other  section  of  this  constitution,  the  legislature  shall 
have  the  power  to  grant  aid  to  institutions  conducted  for  the  support  and 
maintenance  of  minor  orphans,  or  half-orphans,  or  abandoned  children,  or 
aged  persons  in  indigent  circumstances — such  aid  to  be  granted  by  a  uniform 
rule,  and  proportioned  to  the  number  of  inmates  of  such  respective  institutions ; 
provided  further,  that  tlie  state  shall  have  at  any  time  the  right  to  inquire 
into  the  management  of  such  institution ;  provided  further,  that  whenever  any 
county,  or  city  and  county,  or  city,  or  town  shall  provide  for  support  of  minor 
orphans,  or  half-orphans,  or  abandoned  children,  or  aged  persons  in  indigent 
circumstances,  such  county,  city  and  county,  city,  or  town  shall  be  entitled  to 
receive  the  same  pro  rata  appropriations  as  may  be  granted  to  such  institutions 
under  church  or  other  control.  An  accurate  statement  of  the  receipts  and 
expenditures  of  public  moneys  shall  be  attached  to  and  published  with  the  laws 
at  every  regular  session  of  the  legislature. 

§  23.  The  members  of  the  legislature  shall  receive  for  their  services  a  per 
diem  and  mileage,  to  be  fixed  by  law,  and  paid  out  of  the  public  treasury :  such 
per  diem  shall  not  exceed  eight  dollars,  and  such  mileage  shall  not  exceed  ten 
cents  per  mile,  and  for  contingent  expenses  not  exceeding  twenty-five  dollars 
for  each  session.  No  increase  in  compensation  or  mileage  shall  take  effect 
during  the  term  for  which  the  members  of  either  house  shall  have  been  elected, 
and  the  pay  of  no  attache  shall  be  increased  after  he  is  elected  or  appointed. 

§  24.  Every  act  shall  embrace  but  one  subject,  which  subject  shall  be  ex- 
pressed in  its  title.  But  if  any  subject  shall  be  embraced  in  an  act  which 
shall  not  be  expressed  in  its  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  expressed  in  its  title.     No  law  shall  be  revised  or 


CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879.  Ixxili 

amended  by  reference  to  its  title;  but  in  such  case  the  act  revised  or  section 
amended  shall  be  re-enacted  and  published  at  length  as  revised  or  amended; 
and  all  laws  of  the  state  of  California,  and  all  official  writings,  and  the  execu- 
tive, legislative,  and  judicial  proceedings,  shall  be  conducted,  preserved,  and 
published  in  no  other  than  the  English  language. 

§  25.  The  legislature  shall  not  pass  local  or  special  laws  in  any  of  tne  fol- 
lowing enumerated  cases,  that  is  to  say: 

First — Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,  police 
judges,  and  of  constables. 

Second — For  the  punishment  of  crimes  and  misdemeanors. 

Third — Regulating  the  practice  of  courts  of  justice. 

Fourth — Providing  for  changing  the  venue  in  civil  or  criminal  actions. 

Fifth — Granting  divorces. 

Sixth — Changing  the  names  of  persons  or  places. 

Seventh — Authorizing  the  laying  out,  opening,  altering,  maintaining,  or  va- 
cating roads,  highways,  streets,  alleys,  town  plots,  parks,  cemeteries,  grave- 
yards, or  public  grounds  not  owned  by  the  state. 

Eighth — Summoning  and  impaneling  grand  and  petit  juries,  and  providing 
for  tlieir  compensation. 

Ninth — Regulating  county  and  townsliip  business,  or  the  election  of  county 
and  township  officers. 

Tenth — P^or  the  assessment  or  collection  of  taxes. 

Eleventh — Providing  for  conducting  elections,  or  designating  the  places  of 
voting,  except  on  the  organization  of  new  counties. 

Twelfth — Affecting  estates  of  deceased  persons,  minors,  or  other  persons 
under  legal  disabilities.    • 

Thirteenth — Extending  the  time  for  the  collection  of  taxes. 

Fourteenth — Giving  effect  to  invalid  deeds,  wills,  or  other  instruments. 

Fifteenth — Refunding  money  paid  into  the  state  treasury. 

Sixteenth — Releasing  or  extinguishing,  in  whole  or  in  part,  the  indebtedness, 
liability,  or  obligations  of  any  corporation  or  person  to  this  state,  or  to  any 
nuinicipal  corporation  therein. 

Seventeenth — Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell, 
lease,  or  encumber  his  or  her  property. 

Eighteenth — Legalizing,  except  as  against  the  state,  the  unauthorized  or 
invalid  act  of  anj^  officer. 

Nineteenth — Granting  to  any  corporation,  association,  or  individual  any 
special  or  exclusive  right,  privilege,  or  immunity. 

Twentieth — Exempting  property  from  taxation. 

Twenty-first — Changing  county  seats. 

Twenty-second — Restoring  to  citizenship  persons  convicted  of  infamous 
crimes. 

Twenty-third — Regulating  the  rate  of  interest  on  mone3^ 

Twenty-fourth — Authorizing  the  creation,  extension,  or  impairing  of  liens. 

Twenty-fifth — Chartering  or  licensing  ferries,  bridges,  or  roads. 

Twenty-sixth — Remitting  fines,  penalties,  or  forfeitures. 

Twenty-seventh — Providing  for  the  management  of  common  schools. 


Ixxlv  CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA— 1879. 

Twenty-eighth — Creatirig  offices,  or  prescribing  the  powers  and  duties  of 
officers  in  counties,  cities,  cities  and  counties,  township,  election  or  school 
districts. 

Twenty-ninth — Affecting  the  fees  or  salary  of  any  officer. 

Thirtieth — Changing  the  law  of  descent  or  succession. 

Thirty-first — Authorizing  the  adoption  or  legitimation  of  children. 

Thirty-second — For  limitation  of  civil  or  criminal  actions. 

Thirty-third — In  all  other  cases  where  a  general  law  can  be  made  applicable. 

§  251/^.     The  legislature  may  provide  for  the  division  of  the  state  into  fish 
and  game  districts,  and  may  enact  such  laws  for  the  protection  of  fish  and 
game  therein  as  it  may  deem  appropriate  to  the  respective  districts.     [New- 
section;  adopted  November  4,  1902.] 

§  26.  The  legislature  shall  have  no  power  to  authorize  lotteries  or  gift 
enterprises  for  any  purpose,  and  shall  pass  hiws  to  prohibit  the  sale  in  this 
state  of  lottery  or  gift  enterprise  tickets,  or  tickets  in  any  scheme  in  the' 
nature  of  a  lottery.  The  legislature  shall  pass  laws  to  regulate  or  prohibit 
the  buying  and  selling  of  the  shares  of  the  capital  stock  of  corporations  in 
any  stock  board,  stock  exchange,  or  stock  market  under  the  control  of  any 
association.  All  contracts  for  the  sale  of  shares  of  the  capital  stock  of  any 
corporation  or  association,  on  margin,  or  to  be  delivered  at  a  future  day,  shall 
be  void,  and  any  money  paid  on  such  contracts  may  be  recovered  by  the  party 
paying  it  by  suit  in  any  court  of  competent  jurisdiction. 

§  27.  When  a  congressional  district  shall  be  composed  of  two  or  more 
counties,  it  shall  not  be  separated  by  any  county  belonging  to  another  district. 
No  county,  or  city  and  county,  shall  be  divided  in  forming  a  congressional 
district  so  as  to  attach  one  portion  of  a  county,  or  city  and  county,  to  another 
county,  or  city  and  county,  except  in  cases  where  one  county,  or  city  and 
county,  has  more  population  than  the  ratio  recjuired  for  one  or  more  congress- 
men; but  the  legislature  may  divide  any  county,  or  city  and  county,  into  as 
many  congressional  districts  as  it  may  be  entitled  to  by  law.  Any  county, 
or  city  and  county,  containing  a  population  greater  than  the  number  required 
for  one  congressional  district,  shall  be  formed  into  one  or  more  congressional 
districts,  according  to  the  population  thereof,  and  any  residue,  after  forming 
such  district  or  districts,  shall  be  attached,  by  compact  adjoining  assembly 
districts,  to  a  contiguous  county  or  counties,  and  form  a  congressional  dis- 
trict. In  dividing  a  county,  or  city  and  county,  into  congressional  districts, 
no  assembly  district  shall  be  divided  so  as  to  form  a  part  of  more  than  one 
congressional  district,  and  every  such  congressional  district  shall  be  composed 
of  compact  contiguous  assembly  districts. 

§  28.  In  all  elections  by  the  legislature  the  members  thereof  shall  vote  viva 
voce,  and  the  vote  shall  be  entered  on  the  journal. 

§  29.  The  general  appropriation  bill  shall  contain  no  item  or  items  of  ap- 
propriation other  than  such  as  are  required  to  jiay  the  salaries  of  the  state  officers, 
the  expenses  of  the  government,  and  of  the  institutions  under  the  exclusive 
control  and  management  of  the  state. 

§  30.  Neither  the  legislature,  nor  any  county,  city  and  county,  township, 
school  district,  or  other  municipal  corporation,  shall  ever  make  an  appropria- 


CONSTITUTION    OF    THE     STATE    OF    CALIFORNIA — 1879.  Ixxv 

tioD,  or  pay  from  any  public  fund  whatever,  or  grant  anything  to  or  in  aid  of 
any  religious  sect,  church,  creed,  or  sectarian  purpose,  or  help  to  support  or 
sustain  any  school,  college,  university,  hospital,  or  other  institution  controlled 
by  any  religious  creed,  church,  or  sectarian  denomination  whatever;  nor  shall 
any  grant  or  donation  of  personal  property  or  real  estate  ever  be  made  by  the 
state,  or  any  city,  city  and  county,  town,  or  other  municipal  corporation,  for 
any  religious  creed,  church,  or  sectarian  purpose  whatever;  provided,  that 
nothing  in  this  section  shall  prevent  the  legislature  granting  aid  pursuant 
to  section  twenty-two  of  this  article. 

§  31.  The  legislature  shall  have  no  power  to  give  or  to  lend,  or  to  authorize 
the  giving  or  lending,  of  the  credit  of  the  state,  or  of  any  county,  city  and 
county,  city,  township,  or  other  political  corporation  or  subdivision  of  the 
state  now  existing,  or  that  may  be  hereafter  established,  in  aid  of  or  to  any 
person,  association,  or  corporation,  whether  municipal  or  otherwise,  or  to 
pledge  the  credit  thereof  in  any  manner  whatever,  for  the  paj'ment  of  the 
liabilities  of  any  individual,  association,  municipal,  or  other  corporation  what- 
ever; nor  shall  it  have  power  to  make  any  gift,  or  authorize  the  making  of 
any  gift,  of  any  public  money  or  thing  of  value,  to  any  individual,  municipal 
or  other  corporation  whatever;  provided,  that  nothing  in  this  section  shall  pre- 
vent the  legislature  granting  aid  pursuant  to  section  twenty-two  of  this  article ; 
and  it  shall  not  have  power  to  authorize  the  state,  or  any  political  subdivision 
thereof,  to  subscribe  for  stock,  or  to  become  a  stockholder  in  any  corporation 
whatever. 

§  32.  The  legislature  shall  have  no  power  to  grant,  or  authorize  any  county 
or  municipal  authority  to  grant,  any  extra  compensation  or  allowance  to  any 
public  officer,  agent,  servant,  or  contractor,  after  service  has  been  rendered, 
or  a  contract  has  been  entered  into  and  performed,  in  whole  or  in  part ;  nor 
to  pay,  or  to  authorize  the  payment  of,  any  claim  hereafter  created  against 
the  state,  or  any  county  or  municipality  of  the  state,  under  any  agreement  or 
contract  made  without  express  authority  of  law;  and  all  such  unauthorized 
agreements  or  contracts  shall  be  null  and  void. 

§  33,  The  legislature  shall  pass  laws  for  the  regulation  and  limitation  of 
the  charges  for  services  performed  and  commodities  furnished  by  telegraph 
and  gas  corporations,  and  the  charges  by  corporations  or  individuals  for 
storage  and  wharfage,  in  which  there  is  a  public  use;  and  where  laws  shall 
provide  for  the  selection  of  any  person  or  officer  to  regulate  and  limit  such 
rates,  no  such  person  or  officer  shall  be  selected  by  any  corporation  or  indi- 
vidual interested  in  the  business  to  be  regulated,  and  no  person  shall  be 
selected  Avho  is  an  officer  or  stockholder  in  any  such  corporation. 

§  34.  No  bill  making  an  appropriation  of  money,  except  the  general  appro- 
priation bill,  shall  contain  more  than  one  item  of  appropriation,  and  that  for 
one  single  and  certain  purpose,  to  be  therein  expressed. 

§  35.  Any  person  who  seeks  to  influence  the  vote  of  a  member  of  the  legis- 
lature by  bribery,  promise  of  reward,  intimidation,  or  any  other  dishonest 
means,  shall  be  guilty  of  lobbying,  which  is  hereby  declared  a  felony;  and  it 
shall  be  the  duty  of  the  legislature  to  provide,  by  law,  for  the  punishment  of 
this  crime.  Any  member  of  the  legislature  who  shall  be  influenced,  in  his  vote 
or  action,  upon  any  matter  pending  before  the  legislature,  by  any  reward,  or 


Ixxvi  CONSTITUTION     OF     THE     STATE     OF     CALIFORNIA— 1879. 

promise  of  future  reward,  shall  be  deemed  guilty  of  a  felony,  and  upon  con- 
viction thereof,  in  addition  to  such  punishment  as  may  be  provided  by  law, 
shall  be  disfranchised  and  forever  disqualified  from  holding  any  office  or 
public  trust.  Any  person  may  be  compelled  to  testify  in  any  lawful  investi- 
gation or  judicial  proceeding  against  any  person  who  may  be  charged  with 
having  committed  the  offense  of  bribery  or  corrupt  solicitation,  or  with  having 
been  influenced  in  his  vote  or  action,  as  a  member  of  the  legislature,  by  reward, 
or  promise  of  future  reward,  and  shall  not  be  permitted  to  withhold  his  testi- 
mony upon  the  ground  that  it  may  criminate  himself,  or  subject  him  to  public 
infamy;  but  such  testimony  shall  not  afterwards  be  used  against  him  in  any 
judicial  proceeding,  except  for  perjury  in  giving  such  testimony. 

§  36.  The  legislature  shall  have  power  to  establish  a  system  of  state  high- 
ways or  to  declare  any  road  a  state  highway,  antl  to  pass  all  laws  necessary 
or  proper  to  construct  and  maintain  the  same,  and  to  extend  aid  for  the  con- 
struction and  maintenance  in  whole  or  in  ytai-t  of  any  county  hiL'lnvay.  [New 
section,  adopted  November  4,  1902.] 

Article  V. 

EXECUTIVE   DEP^VRTMENT. 

§  1.  The  supreme  executive  power  of  this  state  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  governor  of  the  state  of  California. 

§  2.  The  governor  shall  be  elected  by  the  qualified  electors  at  the  time  and 
places  of  voting  for  members  of  the  assembly,  and  shall  hold  his  office  four 
years  from  and  after  the  first  Monday  after  the  first  day  of  January  subsequent 
to  his  election,  and  until  his  successor  is  elected  and  qualified. 

§  3.  No  person  shall  be  eligible  to  the  office  of  governor  who  has  not  been 
a  citizen  of  the  United  States  and  a  resident  of  this  state  five  years  next  pre- 
ceding his  election,  and  attained  the  age  of  twenty-five  years  at  the  time  of  such 
election. 

§  4.  The  returns  of  every  election  for  governor  shall  be  sealed  up  and 
transmitted  to  the  seat  of  government,  directed  to  the  speaker  of  the  assembly, 
who  shall,  during  the  first  week  of  the  session,  open  and  publish  them  in  the 
presence  of  both  houses  of  the  legislature.  The  person  having  the  highest 
numl)er  of  votes  shall  be  governor ;  but  in  case  any  two  or  more  have  an  equal 
and  the  highest  number  of  votes,  the  legislature  shall,  by  joint  vote  of  both 
houses,  choose  one  of  such  persons  so  having  an  equal  and  the  highest  number 
of  votes  for  governor. 

§  5.  The  governor  shall  be  commander-in-chief  of  the  militia,  the  army 
and  navy  of  this  state. 

§  6.  He  shall  transact  all  executive  business  with  the  officers  of  government, 
civil  and  military,  and  may  require  information,  in  writing,  from  the  officers 
of  the  executive  department  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

§  7.     He  shall  see  that  the  laws  are  faithfully  executed. 

§  8.  When  any  office  shall,  from  any  cause,  become  vacant,  and  no  mode 
is  provided  by  the  constitution  and  law  for  filling  such  vacancy,  the  governor 
shall  have  power  to  fill  such  vacancy  by  granting  a  commission,  which  shall 


CONSTITUTION     OF     THE     STATE     OP     CALIFORNIA— 1S79.  Ixxrli 

expire  at  the  end  of  the  next  session  of  the  legislature,  or  at  the  next  election 
by  the  people. 

§  9.  He  may,  on  extraordinary  occasions,  convene  the  legislature  by  procla- 
mation, stating  the  purposes  for  which  he  has  convened  it,  and  when  so  con- 
vened it  shall  have  no  power  to  legislate  on  any  subject  other  than  those 
specified  in  the  proclamation,  but  may  provide  for  the  expenses  of  the  session, 
and  other  matters  incidental  thereto. 

§  10.  He  shall  communicate,  by  message  to  the  legislature,  at  every  session, 
the  condition  of  the  state,  and  recommend  such  matters  as  he  shall  deem  ex- 
pedient. 

§  11.  In  ease  of  a  disagreement  between  the  two  houses  with  respect  to  the 
time  of  adjournment,  the  governor  shall  have  power  to  adjourn  the  legislature 
to  such  time  as  he  may  think  proper ;  provided,  it  be  not  beyond  the  time  fixed 
for  the  meeting  of  the  next  legislature. 

§  12.  No  person  shall,  while  holding  any  office  under  the  United  States, 
or  this  state,  exercise  the  office  of  governor,  except  as  hereinafter  expressly 
provided. 

§  13.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the  gov- 
ernor, and  used  by  him  officially,  and  shall  be  called  "The  Great  Seal  of  the 
State  of  California." 

§  14.  All  grants  and  commissions  shall  be  in  the  name  and  by  authority  of 
the  people  of  the  state  of  California,  sealed  with  the  great  seal  of  the  state, 
signed  by  the  governor,  and  countersigned  by  the  secretary  of  state. 

§  15.  A  lieutenant-governor  shall  be  elected  at  the  same  time  and  place, 
and  in  the  same  manner,  as  the  governor,  and  his  term  of  office  and  his  quali- 
fications shall  be  the  same.  He  shall  be  president  of  the  senate,  but  shall  only 
have  a  casting  vote  therein.      [Amendment  adopted  November  8,  1898.] 

§  16.  In  case  of  the  impeachment  of  the  governor,  or  his  removal  from 
office,  death,  inability  to  discharge  the  powers  and  duties  of  his  office,  resig- 
nation, or  absence  from  the  state,  the  powers  and  duties  of  the  office  shall 
devolve  upon  the  lieutenant-governor  for  the  residue  of  the  term,  or  until 
the  disability  shall  cease.  And  should  the  lieutenant-governor  be  impeached 
displaced,  resign,  die,  or  become  incapable  of  performing  the  duties  of  his 
office,  or  be  absent  from  the  state,  the  president  pro  tempore  of  the  senate 
shall  act  as  governor  until  the  vacancy  in  the  office  of  governor  shall  be  filled 
at  the  next  general  election  when  members  of  the  legislature  shall  be  chosen, 
or  until  such  disability  of  the  lieutenant-governor  shall  cease.  In  case  of  a 
vacancy  in  the  office  of  governor  for  any  of  the  reasons  above  named,  and 
neither  the  lieutenant-governor  nor  the  president  pro  tempore  of  the  senate 
succeed  to  the  powers  and  duties  of  governor,  then  the  powers  and  duties  of 
such  office  shall  devolve  upon  the  speaker  of  the  assembly,  until  the  office  of 
governor  shall  be  filled  at  such  general  election.  [Amendment  adopted  No- 
vember 8,  1898.] 

§  17.  A  secretary  of  state,  a  controller,  a  treasurer,  an  attorney-general, 
and  a  surveyor-general  sliall  be  elected  at  the  same  time  and  places,  and  in 
the  same  manner,  as  the  governor  and  lieutenant-governor,  and  their  terms 
of  office  shall  be  the  same  as  that  of  the  governor. 


bcxTllI  CONSTITUTION    OF    THE    STATE     OF    CALIFORNIA— 1879. 

§  18.  The  secretary  of  state  shall  keep  a  correct  record  of  the  official  acts 
of  the  legislative  and  executive  departments  of  the  government,  and  shall, 
when  required,  lay  the  same,  and  all  matters  relative  thereto,  before  either 
branch  of  the  legislature,  and  shall  perform  such  other  duties  as  may  be  as- 
signed him  by  lav7. 

§  19.  The  governor,  lieutenant-governor,  secretary  of  state,  controller, 
treasurer,  attorney-general,  and  surveyor-general  shall,  at  stated  times,  dur- 
ing their  continuance  in  office,  receive  for  their  services  a  compensation  which 
shall  not  be  increased  or  diminished  during  the  term  for  -which  they  shall 
have  been  elected,  which  compensation  is  hereby  fixed  for  the  following 
officers  for  the  two  terms  next  ensuing  the  adoption  of  this  constitution,  as 
follows :  Governor,  six  thousand  dollars  per  annum ;  lieutenant-governor,  the 
same  per  diem  as  may  be  provided  by  law  for  the  speaker  of  the  assembly,  to 
be  allowed  only  during  the  session  of  the  legislature ;  the  secretary  of  state, 
controller,  treasurer,  attorney-general,  and  surveyor-general,  three  thousand 
dollars  each  per  annum,  such  compensation  to  be  in  full  for  all  services  by 
them.,  respectively,  rendered  in  any  official  capacity  or  employment  whatsoever 
during  their  respective  terms  of  office;  provided,  however,  that  the  legislature, 
after  the  expiration  of  the  terms  hereinbefore  mentioned,  may  by  law  diminish 
the  compensation  of  any  or  all  such  officers,  but  in  no  ease  shall  have  the 
power  to  inoronse  the  same  above  the  sums  liereby  fixed  by  this  constitution. 
No  salary  shall  be  authorized  by  law  for  clerical  service,  in  any  office  provided 
for  in  this  article,  exceeding  sixteen  hundred  dollars  per  annum  for  each  clerk 
employed.  The  legislature  may,  in  its  discretion,  abolish  the  office  of  surveyor- 
general  ;  and  none  of  the  officers  hereinbefore  named  shall  receive  for  their 
own  use  any  fees  or  perquisites  for  the  performance  of  any  official  duty. 

§  20.  The  governor  shall  not,  during  his  term  of  office,  be  elected  a  senator 
to  the  senate  of  the  United  States. 

Aeticle  VI. 

JUDICIAL   DEPARTMENT. 

§  1.  The  judicial  power  of  the  state  shall  be  vested  in  the  senate,  sitting  as 
a  court  of  impeachment,  in  a  supreme  court,  district  courts  of  appeal,  superior 
courts,  justices  of  the  peace,  and  such  inferior  courts  as  the  legislature  may 
establish  in  any  incorporated  city  or  town,  or  city  and  county.  [Amendment 
adopted  November  8,  1904.] 

§  2.  The  supreme  court  shall  consist  of  a  chief  justice  and  six  associate 
justices.  The  court  may  sit  in  departments  and  in  bank,  and  shall  always 
be  open  for  the  transaction  of  business.  There  shall  be  two  departments, 
denominated,  respectively,  department  one  and  department  two.  The  chief 
justice  shall  assign  .three  of  the  associate  justices  to  each  department,  and 
such  assignment  may  be  changed  by  him  from  time  to  time.  The  associate 
justices  shall  be  competent  to  sit  in  either  department,  and  may  interchange 
with  each  other  by  agreement  among  themselves,  or  as  ordered  by  the  chief 
justice.  Each  of  the  departments  shall  have  the  power  to  hear  and  determine 
causes,  and  all  questions  arising  therein,  subject  to  the  provisions  hereinafter 
contained  in  relation  to  the  court  in  bank.  The  presence  of  three  justices  shall 
be  necessary  to  transact  any  business  in  either  of  the  departments,  except  such 


CONSTITUTION    OF    THE     STATE     OP    CALIFORNIA— 1879.  Ixxix 

as  may  be  done  at  chambers,  and  the  concurrence  of  three  justices  shall  be 
necessary  to  pronounce  a  judgment.  The  chief  justice  shall  apportion  the 
business  to  the  departments,  and  may,  in  his  discretion,  order  any  cause  pend- 
ing before  the  court  to  be  heard  and  decided  by  the  court  in  bank.  The  order 
may  be  made  before  or  after  judgment  pronounced  by  a  department ;  but  where 
a  cause  has  been  allotted  to  one  of  the  departments,  and  a  judgment  pro- 
nounced thereon,  the  order  must  be  made  within  thirty  days  after  such  judg- 
ment, and  concurred  in  by  two  associate  justices,  and  if  so  made  it  shall  have 
the  effect  to  vacate  and  set  aside  the  judgment.  Any  four  justices  may,  either 
before  or  after  judgment  by  a  department,  order  a  case  to  be  heard  in  bank. 
If  the  order  be  not  made  within  the  time  above  limited,  the  judgment  shall  be 
final.  No  judgment  by  a  department  shall  become  final  until  the  expiration 
of  the  period  of  thirty  days  aforesaid,  unless  approved  by  the  chief  justice,  in 
writing,  with  the  concurrence  of  two  associate  justices.  The  chief  justice  may 
convene  the  court  in  bank  at  any  time,  and  shall  be  the  presiding  justice  of  the 
court  when  so  convened.  The  concurrence  of  four  justices  present  at  the  argu- 
ment shall  be  necessary  to  pronounce  a  judgment  in  bank ;  but  if  four  justices, 
so  present,  do  not  concur  in  a  judgment,  then  all  the  justices  qualified  to  sit  in 
the  cause  shall  hear  the  argument ;  but  to  render  a  judgment  a  concurrence  of 
four  judges  slmll  be  necessary.  In  the  determination  of  causes,  all  decisions  of 
the  court,  iu  bank  or  in  departments,  shall  be  given  in  writing,  and  the  grounds 
of  the  decision  shall  be  stated.  The  chief  justice  may  sit  in  either  department, 
and  shall  preside  when  so  sitting,  but  the  justices  assigned  to  each  department 
shall  select  one  of  their  number  as  presiding  justice.  In  case  of  the  absence 
of  the  chief  justice  from  the  place  at  which  the  court  is  held,  or  his  inability  to 
act,  the  associate  justices  shall  select  one  of  their  own  number  to  perform  the 
duties  and  exercise  the  powers  of  the  chief  justice  during  such  absence  or  in- 
ability to  act. 

§  3.  The  chief  justice  and  the  associate  justices  shall  be  elected  by  the 
qualified  electors  of  the  state  at  large  at  the  genera]  state  elections,  at  the 
time  and  places  at  M-hich  state  officers  are  elected;  and  the  term  of  office  shall 
be  twelve  years  from  and  after  the  first  Monday,  after  the  first  day  of  January 
next  succeeding  their  election ;  provided,  that  the  six  associate  justices  elected 
at  the  first  election  shall,  at  their  first  meeting,  so  classify  themselves,  by  lot,. 
that  two  of  them  shall  go  out  of  office  at  the  end  of  four  years,  two  of  them  at 
the  end  of  eight  years,  and  two  of  them  at  the  end  of  twelve  years,  and  an 
entry  of  such  classification  shall  be  made  in  the  minutes  of  the  court  in  bank, 
signed  by  them,  and  a  duplicate  thereof  shall  be  filed  in  the  office  of  the  secre- 
tary of  state.  If  a  vacancy  occur  in  the  office  of  a  justice,  the  governor  shall 
appoint  a  person  to  hold  the  office  until  the  election  and  qualification  of  a  jus- 
tice to  fill  the  vacancy,  which  election  shall  take  place  at  the  next  succeeding 
general  election,  and  the  justice  so  elected  shall  hold  the  office  for  the  re- 
mainder of  the  unexpired  term.  The  first  election  of  the  justices  shall  be 
at  the  first  general  election  after  the  adoption  and  ratification  of  this  consti- 
tution. 

§  4.  The  supreme  court  shall  have  appellate  jurisdiction  on  appeal  from  the 
superior  courts  in  all  cases  in  equity,  except  such  as  arise  in  justices'  courts; 
also  in  all  eases  at  law  which  involve  the  title  or  possession  of  real  estate,  or 


Jxxx  CONSTITUTION     OF    THE     STATE     OF    CALIFORNIA — 1879. 

the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine,  or  in  which 
the  demand,  exclusive  of  interest,  or  the  value  of  the  property  in  controversy, 
amounts  to  two  thousand  dollars;  also,  in  all  such  probate  matters  as  may  be 
provided  by  law;  also,  on  questions  of  law  alone,  in  all  criminal  cases  where 
judgment  of  death  has  been  rendered ;  the  said  court  shall  also  have  appellate 
jurisdiction  in  all  cases,  matters,  and  proceedings  pending  before  a  district 
court  of  appeal  which  shall  be  ordered  by  the  supreme  court  to  be  transferred 
to  itself  for  hearing  and  decision,  as  hereinafter  provided.  The  said  court 
shall  also  have  power  to  issue  writs  of  mandamus,  certiorari,  prohibition,  and 
habeas  corpus,  and  all  other  writs  necessary  or  proper  to  the  complete  exercise 
of  its  appellate  jurisdiction.  Each  of  the  justices  shall  have  power  to  issue 
writs  of  habeas  corpus  to  any  part  of  the  state,  upon  petition  by  or  on  behalf 
of  any  person  held  in  actual  custody,  and  may  make  such  writs  returnable 
before  himself  or  the  supreme  court,  or  before  any  district  court  of  appeal,  or 
before  any  judge  thereof,  or  before  any  superior  court  in  the  state,  or  before 
any  judge  thereof. 

The  state  is  hereby  tlividod  into  three  appellate  districts,  in  each  of  which 
there  shall  be  a  district  court  of  appeal,  consisting  of  three  justices.  The  first 
district  shall  embrace  the  following  counties :  San  Francisco,  Marin,  Contra 
Costa,  Alameda.  San  Mateo.  Santa  Chira.  Fresno.  Santa  Cnv/.,  ^Monterey,  and 
San  Benito. 

The  second  district  shall  embrace  the  following  counties :  Tulare,  Kings,  San 
Luis  Obispo,  Kern,  Inyo,  Santa  Barbara,  Ventura,  Los  Angeles,  San  Bernar- 
dino, Orange,  Riverside,  and  San  Diego. 

The  third  district  shall  embrace  the  following  counties:  Del  Norte,  Siski- 
you, Modoc,  Humboldt,  Trinity,  Shasta,  Lassen,  Tehama,  Plumas,  Mendocino, 
Lake.  Colusa.  Glenn,  Butte.  Sierra.  Sutter.  Yuba.  Nevada.  Sonoma.  Napa.  Yolo. 
Placer.  Solano,  Sacramento,  El  Dorado,  San  Joaquin,  Amador,  Calaveras, 
Stanislaus,  Mariposa,  Madera,  Merced,  Tuolumne,  Alpine,  and  Mono. 

The  supreme  court,  by  orders  entered  in  its  minutes,  may  from  time  to  time 
remove  one  or  more  counties  from  one  appellate  district  to  another,  but  no 
county  not  contiguous  to  another  county  of  a  district  shall  be  added  to  such 
district. 

Said  district  courts  of  appeal  shall  hold  their  regular  sessions  respectively 
at  San  Francisco,  Los  Angeles,  and  Sacramento,  and  they  shall  always  be 
open  for  the  transaction  of  business. 

The  district  courts  of  appeal  shall  have  appellate  jurisdiction  on  appeal  from 
the  superior  courts  in  all  cases  at  law  in  which  the  demand,  exclusive  of  in- 
terest, or  the  value  of  the  property  in  controversy,  amounts  to  three  hundred 
dollars,  and  does  not  amount  to  two  thousand  dollars;  also,  in  all  cases  of  for- 
cible and  unlawful  entry  and  detainer  (except  such  as  arise  in  justices'  courts), 
in  proceedings  in  insolvency,  and  in  actions  to  prevent  or  abate  a  nuisance;  in 
proceedings  of  mandamus,  certiorari,  and  prohibition,  usurpation  of  office, 
contesting  elections  and  eminent  domain,  and  in  such  other  special  proceedings 
as  may  be  provided  by  law  (excepting  cases  in  which  appellate  jurisdiction 
is  given  to  the  supreme  court) ;  also,  on  questions  of  law  alone,  in  all  criminal 
cases  prosecuted  by  indictment  or  information  in  a  court  of  record,  excepting 
criminal  cases  where  judgment  of  death  has  been  rendered.     The  said  courts 


CONSTITUTION    OF    THE    STATE    OP    CAI.IFORNIA-187!).  ,„,, 

Shall  also  have  appellate  jurisdiction  in  all  eases,  matters,  and  proceedings 
pending  beiore  the  supreme  court  which  shall  be  ordered  by  the  supreme  court 
to  be  transferred  to  a  district  court  of  appeal  for  hearing  and  decision.  The 
said  courts  shaU  also  have  power  to  issue  writs  of  mandamus,  certiorari,  prohibi- 
tion, and  habeas  corpus,  and  all  other  writs  necessary  or  proper  to  the  complete 
exercise  of  their  appellate  jurisdiction.  Each  of  the  justices  thereof  shall  have 
power  to  issue  writs  of  habeas  corpus  to  any  part  of  his  appellate  district  upon 
pet  tion  by  or  on  behalf  of  any  person  held  in  actual  custodv,  and  mav  make 
such  writs  returnable  before  himself  or  the  district  court  of  "appeal  of  Ls  dt 

their  '"'■  '""'"'"'  '""'■*  "''"™  '"■'  '"^^"^•*'  °'  ''^*°^«  «-y  i«<3ge 

The  supreme  court  shall  have  power  to  order  any  cause  pending  before  the 

upreme  court  to  be  heard  and  determined  by  a  district  court  of  appea     and 

determined  by  the  supreme  court.     The  order  last  mentioned  may  be  made 
before  jud..ment  has  been  pronounced  by  a  district  court  of  appeal   or  .T.Mn 
thirty  days  after  such  judgment  shall  have  become  final  thereL.     The  jud" 
ments  of  the  district  courts  of  appeal  shall   become  final  therein  upo.    the 
oxj,.ratio„  of  thirty  days  after  the  same  shall  have  been  pronounced 

nnLl     r       T  .  "™  ''"'""*  '"  ^"^  f=«'>'fe"-ed  to  the  district  court  of 

appeal  of  another  district  for  hearing  and  decision 

The  justice,  of  the  district  courts  of  appeal  shall  be  elected  by  the  nuali- 

fl  e  ^mes'lnT  r  """:  ''"^f '™  ^'''"''^  "*  '"^^  ^»-^'  state^lectior  t 

T  lei  Tcls  ^  offl    "  1  T"""  '""^""^  "'  *^  ^P^"'""^  -""  -^  elected. 
then  terms  of  office  and  salaries  shall  be  the  same  as  those  of  justices  of  the 

.preme  court,  and  their  salaries  shall  be  paid  by  the  state.    Upon    he  ra«fl 

cation    by   the   people   of   this   amendment   the    governor  shall    appoint "ib^B 

i!  .  '*  '''■'^  "*  •''"'"'''■y  '°  "'<'  y«'"'  °»«te«n  hundred  and  seven- 
provided  that  not  more  than  six  of  said  persons  shall  be  members  of  thJ 
same  political  party.  At  the  election  in  the  year  nineteen  hunded  and  L 
...ne  of  such  justices  shall  be  elected  as  above  provided,  and  the  jusSes  of 
each  district  court  of  appeal  shall  so  classify  themselve  by  lot  tha  one  o 
them  shall  go  out  of  office  at  the  end  of  four  years,  one  of  them  afthe  enc 

^::^zi:Tr  i  ''zr '''  ^°'  °'  *™'™  ^^"^^  -  »*'  • »'  - 

ciassihcat  on  shall  be  made  m  the  mmutes  of  the  court,  signed  bv  the  three 

st"t"l    :nTvar'  "  ^"P"-'\«--°*  «e<'  '"  tl^e  office  of  the'ecr  L* 
state.    If  any  vacancy  occur  m  the  office  of  a  justice  of  the  district  courts  of 

ualific  t     "T""  '"""  '"'"''''  ^  P^"°°  *»  '^"'d  offl-  -til  the  eL«rLl 
qualification  of  a  justice  to  fill  the  vacancy;  such  election  shall  take  place  at 

One  of  the  justices  of  each  of  the  district  courts  of  appeal  shall  be  the 

ma7be"'Sf::e:^"''"fTb'  "•  ""'  ^''^"  ''  ^PP^^*^"  or  efectd    s    he  c 
may  be.    The  presence  of  three  justices  shall  be  necessary  for  the  transaction 

of  any  business  by  such  court,  except  such  as  may  be  do^ie  at  chamborTlnd 


Ixxxii  CONSTITUTION     OF    THE     STATE     OF    CALIFORNIA— 1879. 

Whenever  any  justice  of  the  supreme  court  is  for  any  reason  disqualified  or 
unable  to  act  in  a  cause  pending  before  it,  the  remaining  justices  may  select 
one  of  the  justices  of  a  district  coui-t  of  appeal  to  act  pro  tempore  in  the  place 
of  the  justice  so  disqualified  or  unable  to  act. 

Whenever  any  justice  of  a  district  court  of  appeal  is  for  any  reason  dis- 
qualified or  unable  to  act  in  any  cause  pending  before  it,  the  supreme  court 
may  appoint  a  justice  of  the  district  court  of  appeal  of  another  district,  or 
a  judge  of  a  superior  court  who  has  not  acted  in  the  cause  in  the  court  below, 
to  act  pro  tempore  in  the  place  of  the  justice  so  disqualified  or  unable  to  act. 

No  appeal  taken  to  the  supreme  court  or  to  a  district  court  of  appeal  shall 
be  dismissed  for  the  reason  only  that  the  same  was  not  taken  to  the  proper 
court,  but  the  cause  shall  be  transferred  to  the  proper  court  upon  such  terms 
as  to  costs  or  otherwise  as  may  be  just,  and  shall  be  proceeded  with  therein 
as  if  regularly  appealed  thereto. 

All  statutes  now  in  force  allowing,  providing  for,  or  regulating  appeals  to 
the  supreme  court  shall  apply  to  appeals  to  the  district  courts  of  appeal  so 
far  as  such  statutes  are  not  inconsistent  witli  this  article  and  until  the  legis- 
lature shall  otherwise  provide. 

The  supremo  court  shall  make  and  adopt  rules  not  inconsistent  with  law  for 
the  government  of  the  supreme  court  and  of  the  district  courts  of  appeal  and 
of  the  officers  tliereof,  and  for  reguhitintr  tlio  practice  in  said  courts.  [Amend- 
ment adopted  November  8,  1904.] 

§  5.  The  superior  court  shall  have  original  jurisdiction  in  all  cases  in 
equity,  and  in  all  cases  at  law  which  involve  the  title  or  possession  of  real 
property,  or  the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine, 
and  in  all  other  cases  in  which  the  demand,  exclusive  of  interest,  or  the  value 
of  the  property  in  controversy,  amounts  to  three  hundred  dollars,  and  in  all 
criminal  cases  amounting  to  felony,  and  cases  of  misdemeanor  not  otherwise 
provided  for;  of  actions  of  forcible  entry  and  detainer;  of  proceedings  in 
insolvency ;  of  actions  to  prevent  or  abate  a  nuisance :  of  all  matters  of  probate; 
of  divorce  and  for  annulment  of  marriage;  and  of  all  such  special  cases  and 
proceedings  as  are  not  otherwise  provided  for.  And  said  court  shall  have  the 
power  of  naturalization,  and  to  issue  papers  therefor.  They  shall  have  appel- 
late jurisdiction  in  such  cases  arising  in  justices'  and  other  inferior  courts 
in  their  respective  counties  as  may  be  prescribed  by  law.  They  shall  be 
always  open  (legal  holidays  and  non-judicinl  days  excepted),  and  their  process 
shall  extend  to  all  parts  of  the  state ;  provided  that  all  actions  for  the  recovery 
of  the  possession  of,  quieting  the  title  to,  or  for  the  enforcement  of  liens  upon 
real  estate,  shall  be  commenced  in  the  county  in  which  the  real  estate,  or  any 
part  thereof,  affected  by  such  action  or  actions,  is  situated.  Said  courts,  and 
their  judges,  shall  have  power  to  issue  writs  of  mandamus,  certiorari,  prohibi- 
tion, quo  warranto,  and  habeas  corpus,  on  petition  by  or  on  behalf  of  any 
person  in  actual  custody,  in  their  respective  counties.  Injunctions  and  writs 
of  prohibition  may  be  issued  and  served  on  legal  holidays  and  non-judicial 
days. 

§  fi.  There  shall  be  in  each  of  the  organized  counties,  or  cities  and  coun- 
ties, of  the  state,  a  superior  court,  for  each  of  which  at  least  one  judge 
shall  be  elected  by  the  qualified  electors  of  the  countv  or  citv  and  countv,  at 


CONSTITUTION    OF    THE     STATE     OF    CALIFORNIA-1879.  Ixxxiii 

the   general  state   election;   provided,   that  until   otherwise   ordered   by   the 
legislature,  only  one  judge  shall  be  elected  for  the  counties  of  Yuba  and  Sut- 
ter, and  that  m  the  city  and  county  of  San  Francisco  there  shall  be  elected 
twelve  judges  of  the  superior  court,  any  one  or  more  of  whom  may  hold  court 
Ihere  may  be  as  many  sessions  of  said  court,  at  the  same  time,  as  there  are 
judges  thereof.     The  said  judges  shall  choose,  from  their  own  number    a 
presidmg  judge,  who  may  be  removed  at  their  pleasure.    He  shall  distribute 
the  busmess  of  the  court  among  the  judges  thereof,  and  prescribe  the  order 
of  busmess.     The  judgments,  orders,  and  proceedings  of  any  session  of  the 
superior  court  held  by  any  one  or  more  of  the  judges  of  said  courts,  respec- 
tively, shall  be  equally  effectual  as  if  all  the  judges  of  said  respective  courts 
presided  at  such  session.    In  each  of  the  counties  of  Sacramento,  San  Joaquin 
Los  Angeles,  Sonoma,  Santa  Clara,  and  Alameda  there  shall  be  elected  two 
such  judges.     The  term  of  office  of  judges  of  the  superior  courts  shall  be  six 
years  from   and   after  the  first  Monday  of  January  next  succeeding  their 
election:  provided,  that  the  twelve  judges  of  the  superior  court  elected  in 
the  city  and  county  of  San  Francisco,  at  the  first  election  held  under  this 
constitution,  shall  at  tlieir  first  meeting  so  classify  themselves,  by  lot    that 
four  of  them  shall  go  out  of  office  at  the  end  of  two  years,  and  four  of 'them 
shall  go  out  of  office  at  the  end  of  four  years,  and  four  of  them  shall  go  out  of 
office  at  the  end  of  six  years,  and  an  entry  of  such  classification  shall  be  made 
in  the  minutes  of  the  court,  signed  by  them,  and  a  duplicate  thereof  filed  in 
the  office  of  the  secretary  of  state.    The  first  election  of  judges  of  the  superior 
courts  shall  take  place  at  the  first  general  election  held  after  the  adoption  and 
ratification   of  this  constitution.     If  a  vacancy  occur  in  the  office  of  judge 
of  a  superior  eonrt,  the  governor  shall  appoint  a  person  to  hold  the  office  until 
the  election  and  qualification  of  a  judge  to  fill  the  vacancy,  which  election 
shall  take  place  at  the  next  succeeding  general  election,  and  the  judge  so 
elected  shall  hold  office  for  the  remainder  of  the  unexpired  term. 

§  7.  In  any  county,  or  city  and  county,  other  than  the  city  and  county  of 
San  Francisco,  in  which  there  shall  be  more  than  one  judge  of  the  superior 
court,  the  judges  of  such  court  may  hold  as  many  sessions  of  said  court  at  the 
same  time  as  there  are  judges  thereof,  and  shall  apportion  the  business  among 
themselves  as  equally  as  may  be. 

§  8.  A  judge  of  any  superior  court  may  hold  a  superior  court  in  any  county, 
at  the  request  of  a  judge  of  the  superior  court  thereof,  and  upon  the  re- 
quest of  the  governor  it  shall  be  his  duty  so  to  do.  But  a  cause  in  the  superior 
court  may  be  tried  by  a  judge  pro  tempore,  who  must  be  a  member  of  the 
bar,  agreed  upon  in  Avriting  by  the  parties  litigant,  or  their  attorneys  of 
record,  approved  by  the  court,  and  sworn  to  try  the  cause. 

§  9.  The  legislature  shall  have  no  power  to  grant  leave  of  absence  to  any 
judicial  officer;  and  any  such  officer  who  shall  absent  himself  from  the  state 
for  more  than  sixty  consecutive  days  shall  be  deemed  to  have  forfeited  his 
office.  The  legislature  of  the  state  may,  at  any  time,  two  thirds  of  the  mem- 
bers of  the  senate  and  two  thirds  of  the  members  of  the  assembly  votino- 
therefor,  increase  or  diminish  the  number  of  judges  of  the  superior  court  in 
any  county,  or  city  and  county,  in  the  state ;  provided,  that  no  such  reduction 
shall  affect  any  judge  who  has  been  elected. 


Ixxxlv  CONSTITUTION    OP    THE    STATE     OF    CALIFORNIA — 1879. 

§  10.  Justices  of  the  supreme  court,  and  of  the  district  courts  of  appeal, 
and  judges  of  the  superior  courts  may  be  removed  by  concurrent  resolution 
of  both  houses  of  the  legislature  adopted  by  a  two-thirds  vote  of  each  house. 
All  other  judicial  officers,  except  justices  of  the  peace,  may  be  removed  by 
the  senate  on  the  recommendation  of  the  governor;  but  no  removal  shall  be 
made  by  virtue  of  this  section  unless  the  cause  thereof  be  entered  on  the 
journal,  nor  unless  the  party  complained  of  has  been  served  with  a  copy  of 
the  complaint  against  him  and  shall  have  had  an  opportunity  of  being  heard 
in  his  defense.  On  the  question  of  removal  the  ayes  and  noes  shall  be  entered 
on  the  journal.     [Amendment  adopted  November  8,  1904.] 

§  11.  The  legislature  shall  determine  the  number  of  justices  of  the  peace 
to  be  elected  in  townships,  incorporated  cities  and  towns,  or  cities  and  coun- 
ties, and  shall  fix  by  law  the  powers,  duties,  and  responsibilities  of 
justices  of  the  peace ;  provided,  such  powers  shall  not,  in  any  case,  trench 
upon  the  jurisdiction  of  the  several  courts  of  record,  except  that  said  justices 
shall  have  concurrent  jurisdiction  with  the  superior  courts  in  cases  of  forcible 
entry  and  detainer,  where  the  rental  value  does  not  exceed  twenty-five  dol- 
lars per  month,  and  where  the  whole  amount  of  damages  claimed  does  not 
exceed  two  hundred  dollars,  and  in  cases  to  enforce  and  foreclose  liens  on 
personal  property  when  neither  the  amount  of  liens  nor  the  value  of  the  prop- 
erty amounts  to  three  hundred  dollars. 

§  12.  The  supreme  court,  the  district  courts  of  appeal,  the  superior  courts, 
and  such  other  courts  as  the  legislature  shall  prescribe,  shall  be  courts  of 
record.     [Amendment  adopted  November  8,  1904.] 

§  13.  The  legislature  shall  fix  by  law  the  jurisdiction  ol'  any  inferior  courts 
Avhich  may  be  estiil)lislied  in  pursuance  of  section  one  of  this  article,  and  shall 
fix  by  law  the  powers,  duties,  and  responsibilities  of  the  judges  thereof. 

§  14.  The  legislature  shall  provide  for  the  election  of  a  clerk  of  the  supreme 
court,  and  shall  fix  by  law  his  duties  and  compensation,  which  compensa- 
tion shall  not  be  increased  or  diminished  during  the  term  for  which  he 
shall  have  been  elected.  The  county  clerks  shall  be  ex  officio  clerks  of  the 
courts  of  record  in  and  for  their  respective  counties,  or  cities  and  counties. 
The  legislature  may  also  provide  for  the  appointment,  by  the  several  superior 
courts,  of  one  or  more  commissioners  in  their  respective  counties,  or  cities 
and  counties,  with  authority  to  perform  chamber  business  of  the  judges  of  the 
superior  courts,  to  take  depositions,  and  perform  such  other  business  connected 
with  the  administration  of  justice  as  may  be  prescribed  by  law. 

§  15.  No  judicial  officer,  except  justices  of  the  peace  and  court  commis- 
sioners, shall  receive  to  his  own  use  any  fees  or  perquisites  of  office. 

§  16.  The  legislature  shall  provide  for  the  speedy  publication  of  such 
opinions  of  the  supreme  court  and  of  the  district  courts  of  appeal  as  the 
supreme  court  may  deem  expedient,  and  all  opinions  shall  be  free  for  publica- 
tion by  any  person.     [Amendment  adopted  November  8,  1904.] 

§  17.  The  justices  of  the  supreme  court  and  of  the  district  courts  of  a]ipeal. 
and  the  judges  of  the  superior  courts  shall  severally,  at  stated  times  during 
their  continuance  in  office,  receive  for  their  services  such  compensation 
as  is  or  shall  be  provided  by  law,  which  shall  not  be  increased  or  diminished 


CONSTITUTION     OF    THE    STATE     OF'    CALIFORNIA — 1879.  Ixxxv 

after  their  election,  nor  during  the  term  for  which  they  shall  have  been  elected. 
The  salaries  of  the  justices  of  the  supreme  court  and  of  the  district  courts 
of  appeal  shall  be  paid  by  the  state.  One  half  of  the  salary  of  each  superior 
court  judge  shall  be  paid  by  the  state;  the  other  half  thereof  shall  be  paid  by 
the  county  for  which  he  is  elected.     [Amendment  adopted  November  8,  1904. j 

§  IS.  The  justices  of  the  supreme  court,  and  of  the  district  courts  of  appeal, 
and  the  judges  of  the  superior  courts  shall  be  ineligible  to  any  other  office 
or  public  employment  than  a  judicial  office  or  employment  during  the  term  for 
which  they  shall  have  been  elected.     [Amendment  adopted  November  8,  1904.] 

§  19.  Judges  shall  not  charge  juries  with  respect  to  matters  of  fact,  but 
may  state  the  testimony  and  declare  the  law. 

§  20.  The  style  of  process  shall  be  "The  People  of  the  State  of  California," 
and  all  prosecutions  shall  be  conducted  in  their  name  and  by  their  authority. 

§  21.  The  supreme  court  ma}'  appoint  a  reporter  and  not  more  than  three 
assistant  reporters  of  the  decisions  of  the  supreme  court  and  of  the  district 
courts  of  appeal.  Each  of  the  district  courts  of  appeal  shall  appoint  its 
own  clerk.  All  the  officers  herein  mentioned  shall  hold  office  and  be  remov- 
able at  the  pleasure  of  the  courts  by  which  they  are  severally  appointed,  and 
they  shall  receive  such  compensation  as  shall  be  prescribed  by  law,  and  dis- 
charge such  duties  as  shall  be  prescribed  by  law  or  by  the  rules  or  orders  of 
the  courts  by  which  they  are  severally  appointed.  [Amendment  adopted  No- 
vember 8,  1904.] 

§  22.  No  judge  of  a  court  of  record  shall  practise  law  in  any  court  of  this 
state  during  his  continuance  in  office. 

§  23.  No  one  shall  be  eligible  to  the  office  of  a  justice  of  the  supreme 
court,  or  of  a  district  court  of  appeal,  or  of  a  judge  of  a  superior  court,  unless 
he  shall  have  been  admitted  to  practice  before  the  superior  court  of  the  state. 
[  Amendment  adopted  November  8,  1904.] 

§  24.  No  judge  of  the  supreme  court  nor  of  a  district  court  of  appeal,  nor 
of  a  superior  court,  shall  draw  or  receive  any  monthly  salary  unless  he  shall 
make  and  subscribe  an  affidavit  before  an  officer  entitled  to  administer  oaths, 
that  no  cause  in  his  court  remains  pending  and  undecided  that  has  been  sub- 
mitted for  decision  for  a  period  of  ninety  days.  In  the  determination  of 
causes  all  decisions  of  the  supreme  court  and  of  the  district  courts  of  appeal 
shall  be  given  in  writing,  and  the  grounds  of  the  decision  shall  be  stated. 
"When  the  justices  of  a  district  court  of  appeal  are  unable  to  concur  in  a  judg- 
ment, they  shall  give  their  several  opinions  in  writing  and  cause  copies  thereof 
to  be  forwarded  to  the  supreme  court.  [Amendment  adopted  November  8, 
1904.] 

§  25.  The  present  supreme  court  commission  shall  be  abolished  at  the  ex- 
piration of  its  present  term  of  office,  and  no  supreme  court  commission  shall 
be  created  or  provided  for  after  January  first,  anno  Domini  nineteen  hundred 
and  five.      [New  section,  adopted  November  8,  1904.] 

Article  VII. 

PARDONING   POWER. 

§  1 .  The  governor  shall  have  the  power  to  grant  reprieves,  pardons,  and 
commutations  of  sentence,   after  conviction,   for  all  oft'enses   except  treason 


Ixxxvi  CONSTITUTION     OP    THE     STATE     OP     CALIPORNIA — 1S79. 

and  eases  of  impeaehment,  upon  such  conditions,  and  with  such  restrictions 
and  limitations,  as  he  may  think  proper,  subject  to  such  regulations  as  may 
be  provided  by  law  relative  to  the  manner  of  applying  for  pardons.  Upon 
conviction  for  treason,  the  governor  shall  have  power  to  suspend  the  execu- 
tion of  the  sentence  until  the  case  shall  be  reported  to  the  legislature  at  its 
next  meeting,  when  the  legislature  shall  either  pardon,  direct  the  execution 
of  the  sentence,  or  grant  a  further  reprieve.  The  governor  shall  communicate 
to  the  legislature,  at  the  beginning  of  every  session,  every  case  of  reprieve 
or  pardon  granted,  stating  the  name  of  the  convict,  the  crime  for  which  he 
was  convicted,  the  sentence,  its  date,  the  date  of  the  pardon  or  reprieve,  and 
the  reasons  for  granting  the  same.  Neither  the  governor  nor  the  legislature 
shall  have  power  to  grant  pardons,  or  commutations  of  sentence,  in  any  case 
where  the  convict  has  been  twice  convicted  of  a  felony,  unless  upon  the  written 
recommendation  of  a  majority  of  the  judges  of  the  supreme  court. 

Article  VIII. 

MILITIA. 

§  L  The  legislature  shall  provide,  by  law,  for  orgaiiiziDg  and  disciplining 
the  militia,  in  such  manner  as  it  may  deem  expedient,  not  incompatible  with 
the  constitution  and  laws  of  the  United  States.  Officers  of  the  militia  shall 
he  elected  or  appointed  in  such  manner  as  the  legislature  shall,  from  time 
to  time,  direct,  and  shall  be  commissioned  by  the  governor.  The  governor 
shall  have  power  to  call  forth  the  militia  to  execute  the  laws  of  the  state,  to 
suppress  insurrections,  and  repel  invasions. 

§  2.  All  military  organizations  provided  for  by  this  constitution,  or  any 
laAv  of  this  state,  and  receiving  state  support,  shall,  while  under  arms,  either 
for  ceremony  or  duty,  carry  no  device,  banner,  or  flag  of  any  state  or  nation, 
except  that  of  the  United  States  or  the  state  of  California. 

Article  IX. 

EDUCATION. 

§  1.  A  general  diffusion  of  knowledge  and  intelligence  bemg  essential  to 
the  preservation  of  the  rights  and  liberties  of  the  people,  the  legislature  shall 
encourage  by  all  suitable  means  the  promotion  of  intellectual,  scientific,  moral, 
and  ao:ricultural  improvement. 

§  2.  A  superintendent  of  public  instruction  shall,  at  each  gubernatorial 
election  after  the  adoption  of  this  constitution,  be  elected  by  the  qualified  elect- 
ors of  the  state.  He  shall  receive  a  salary  equal  to  that  of  the  secretary  of 
state,  and  shall  enter  upon  the  duties  of  his  office  on  the  first  ]\Ionday  after  the 
first  day  of  January  next  succeeding  his  election. 

§  3.  A  superintendent  of  schools  for  each  county  shall  be  elected  by  the 
qualified  electors  thereof  at  each  gubernatorial  election:  provided,  that  the 
legislature  may  authorize  two  or  more  counties  to  unite  and  elect  one  super- 
intendent for  the  counties  so  uniting. 

§  4.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted  by  the 
United  States  to  this  state  for  the  support  of  common  schools,  which  may  be, 
of  may  have  been,  sold  or  disposed  of,  and  the  five  hundred  thousand  acres 


CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879.  Ixxxvii 

of  land  granted  to  the  new  states  under  an  act  of  Congress  distributing  the 
proceeds  of  the  public  lands  among  the  several  states  of  the  Union,  approved 
anno  Domini  one  thousand  eight  hundred  and  forty-one,  and  all  estates  of 
deceased  persons  who  may  have  died  without  leaving  a  will  or  heir,  and  also 
such  per  centum  as  may  be  granted,  or  may  have  been  granted,  by  Congress 
on  the  sale  of  lands  in  this  state,  shall  be  and  remain  a  perpetual  fund,  the 
interest  of  which,  together  with  all  the  rents  of  the  unsold  lands,  and  such 
other  means  as  the  legislature  maj^  provide,  shall  be  inviolably  appropriated 
to  the  support  of  common  schools  throughout  the  state. 

§  5.  The  legislature  shall  provide  for  a  system  of  common  schools,  by 
which  a  free  school  shall  be  kept  up  and  supported  in  each  district  at  least 
six  months  in  every  year,  after  the  first  year  in  which  a  school  has  been  estab- 
lished. 

§  6.  The  public  school  system  shall  include  primary  and  grammar  schools, 
and  such  high  schools,  evening  schools,  normal  schools,  and  technical  schools 
as  m  iy  be  established  by  the  legislature,  or  by  municipal  or  district  authority. 
The  entire  revenue  derived  from  the  state  school  fund  and  from  the  general 
st?+e  school  tax  shall  be  applied  exclusively  to  the  support  of  primary  and 
>,'rammar  schools,  but  the  legislature  may  authorize  and  cause  to  be  levied 
a  special  state  school  tax  for  the  support  of  high  schools  and  technical  schools, 
or  either  of  such  schools,  included  in  the  public  school  system,  and  all  revenue 
(^h'rived  from  sucli  special  tax  shall  be  applied  exclusively  to  the  support  of  the 
schools  for  which  such  special  tax  shall  be  levied.  [Amendment  adopted  No- 
v'juber  4,  1902.] 

§  7.  The  governor,  the  superintendent  of  public  instruction,  the  presi- 
dent of  the  University  of  California,  and  the  professor  of  pedagogy  therein, 
and  the  principals  of  the  state  normal  schools  shall  constitute  the  state 
board  of  education,  and  shall  compile,  or  cause  to  be  compiled,  and  adopt,  a 
uniform  series  of  text-books  for  use  in  the  common  schools  throughout  the 
state.  The  state  board  may  cause  such  text-books,  when  adopted,  to  be  printed 
and  pu])lished  by  the  superintendent  of  state  printing,  at  the  state  printing 
office,  and,  when  so  printed  and  published,  to  be  distributed  and  sold  at  the 
cost  price  of  printing,  publishing,  and  distributing  the  same.  The  text-books 
so  adopted  shall  continue  in  use  not  less  than  four  years;  and  said  state  board 
shall  perform  such  other  duties  as  may  be  prescribed  by  law.  The  legislature 
shall  provide  for  a  board  of  education  in  each  county  in  the  state.  The  county 
superintendents  and  the  county  boards  of  education  shall  have  control  of  the 
examination  of  teachers  and  the  granting  of  teachers'  certificates  within  their 
respective  jurisdictions.     [Amendment  adopted  November  6,  1894.] 

§  8.  No  public  money  shall  ever  be  appropriated  for  the  support  of  any 
sectarian  or  denominational  school,  or  any  school  not  under  the  exclusive 
control  of  the  officers  of  the  public  schools;  nor  shall  any  sectarian  or 
denominational  doctrine  be  taught,  or  instruction  thereon  be  permitted,  di- 
rectly or  indirectly,  in  any  of  the  common  schools  of  this  state. 

§  9.  The  University  of  California  shall  constitute  a  public  trust,  and  its 
organization  and  government  shall  be  perpetually  continued  in  the  form  and 
character  prescribed  by  the   organic   act  creating  the  same,   passed    March 


JxxXTlIi  CONSTITUTION    OP    THE     STATE    OF    CALIFORNIA— 1S79.  * 

twenty-third,  eighteen  hundred  and  sixty-eight  (and  the  several  acts  amenda- 
tory thereof),  subject  only  to  such  legislative  control  as  may  be  necessary  to 
insure  compliance  with  the  terms  of  its  endowments  and  the  proper  investment 
and  security  of  its  funds.  It  shall  be  entirely  independent  of  all  political 
or  sectarian  influence,  and  kept  free  therefrom  in  the  appointment  of  its  re- 
gents, and  in  the  administration  of  its  affairs;  provided,  that  all  the  moneys 
derived  from  the  sale  of  the  public  lands  donated  to  this  state  by  act  of  Con- 
gress, approved  July  second,  eighteen  hundred  and  sixty-two  (and  the  several 
acts  amendatory  thereof),  shall  be  invested  as  provided  by  said  acts  of  Con- 
gress, and  the  interest  of  said  moneys  shall  be  inviolably  appropriated  to 
the  endowment,  support,  and  maintenance  of  at  least  one  college  of  agriculture, 
where  the  leading  objects  shall  be  (without  excluding  other  scientific  and  clas- 
sical studies,  and  including  military  tactics)  to  teach  such  branches  of  learning 
as  are  related  to  scientific  and  practical  agriculture  and  the  mecluiuic  arts,  in 
accordance  with  the  requirements  and  conditions  of  said  acts  of  Congress; 
and  the  legislature  sliall  provide  that  if,  through  neglect,  misappropriation,  or 
any  other  contingency,  any  portion  of  the  funds  so  set  apart  shall  be  dimin- 
ished or  lost,  the  state  shall  replace  such  portion  so  lost  or  misappropriated, 
so  that  the  principal  thereof  shall  remain  forever  undiminished.  No  person 
shall  be  debarred  admission  to  any  of  the  collegiate  departments  of  the  uni- 
versity on  account  of  sex. 

§  10.  The  trusts  and  estates  created  for  the  founding,  endowment,  and 
maintenance  of  the  Leland  Stanford  Junior  University,  under  and  in  accord- 
ance Avith  "An  act  to  advance  learning,  et  cetera,"  approved  March  ninth, 
eighteen  hundred  and  eightA'-five,  by  the  endowment  grant  executed  by  Leland 
Stanford  and  Jane  Lathrop  Stanford  on  the  eleventh  day  of  November,  anna 
Domini  eighteen  hundred  and  eighty-five,  and  recorded  in  liber  eighty-three 
of  deeds,  at  page  twenty-three,  et  sequentia,  records  of  Santa  Clara  County, 
and  by  the  amendments  of  such  grant,  and  by  gifts,  grants,  bequests,  and  de- 
vises supplementary  thereto,  and  by  confirmatory  grants,  are  permitted,  ap- 
jiroved,  and  confirmed.  The  board  of  trustees  of  the  Leland  Stanford  Junior 
University,  as  such,  or  in  the  name  of  the  institution,  or  by  other  intelligible 
designation  of  two  trustees  or  of  the  institution,  may  receive  property, 
real  or  personal,  and  wherever  situated,  by  gift,  grant,  devise,  or  bequest,  for 
the  benefit  of  the  institution,  or  of  any  department  thereof,  and  such  property, 
unless  otherwise  provided,  shall  be  held  by  the  trustees  of  the  Leland  Stanford 
Junior  University  upon  the  trusts  provided  for  in  the  grant  founding  the  uni- 
versity, and  amendments  thereof,  and  grants,  bequests,  and  devises  supplemen- 
tarj'  thereto.  The  legislature,  by  special  act,  may  grant  to  the  trustees  of  the 
Leland  Stanford  Junior  University  corporate  powers  and  privileges,  but  it 
shall  not  thereby  alter  their  tenure,  or  limit  their  powers  or  obligations  as 
trustees.  All  property  now  or  hereafter  held  in  trust  for  the  founding,  main- 
tenance or  benefit  of  the  Leland  Stanford  Junior  University,  or  of  any  depart- 
ment thereof,  may  be  exempted  by  special  act  from  state  taxation,  and  all 
personal  property  so  hold,  the  Palo  Alto  farm  as  described  in  the  endowment 
grant  to  the  trustees  of  the  university,  and  all  other  real  property  so  helii  and 
used  by  the  university  for  educational  purposes  exclusively,  may  be  similarly 
exempted  from  county  and  municipal  taxation:  provided,  that  residents  of 


I 


CONSTITUTIOX    OF    THE     STATE    OF    CALIFORNIA — 1879.  Ixxxix 

California  shall  be  charged  no  fees  for  tuition  unless  such  fees  be  authorized 
by  act  of  the  legislature.     [New  section,  adopted  November  6,  1900.] 

§11.  All  property  now  or  hereafter  belonging  to  "The  California  School 
of  Mechanical  Arts,"  an  institution  founded  and  endoAved  by  the  late 
James  Lick  to  educate  males  and  females  in  the  practical  arts  of  life,  and  incor- 
porated under  the  laws  of  the  state  of  California,  November  twenty-third, 
eighteen  hundred  and  eighty-five,  having  its  school  buildings  located  in  the 
city  and  county  of  San  Francisco,  shall  be  exempt  from  taxation.  The  trus- 
tees of  said  institution  must  annually  report  their  proceedings  and  financial 
accounts  to  the  governor.  The  legislature  may  modify,  suspend,  and  revive 
at  will  the  exemption  from  taxation  herein  given.  [New  section,  adopted  No- 
vember 6,  1900.] 

§  12.  All  property  now  or  hereafter  belonging  to  the  "  Calif orina  Academy 
of  Sciences,"  an  institution  for  the  advancement  of  science  and  maintenance 
of  a  free  museum,  and  chiefly  endowed  by  the  late  James  Lick,  and  incor- 
porated under  the  laws  of  the  state  of  California,  January  sixteenth,  eighteen 
hundred  and  seventy-one,  having  its  buildings  located  in  the  city  and  county 
of  San  Francisco,  shall  be  exempt  from  taxation.  The  trustees  of  said  insti- 
tution must  annuallj^  report  their  proceedings  and  financial  accounts  to  the 
governor.  The  legislature  may  modify,  suspend,  and  revive  at  will  the  exemp- 
tion from  taxation  herein  given.     [New  section,  adopted  November  8,  1904.] 

Article  X. 

STATE    INSTITUTIONS   AND   PUBLIC    BUILDINGS. 

§  1.  There  shall  be  a  state  board  of  prison  directors,  to  consist  of  five 
persons,  to  be  appointed  by  the  governor,  Avith  the  advice  and  consent  of  the 
senate,  who  shall  hold  office  for  ten  j^ears,  except  that  the  first  appointed  shall, 
in  such  manner  as  the  legislature  may  direct,  be  so  classified  that  the  term  of 
one  person  so  appointed  shall  expire  at  the  end  of  each  two  years  during  the 
first  ten  years,  and  vacancies  occurring  shall  be  filled  in  like  manner.  The 
appointee  to  a  vacancy  occurring  before  the  expiration  of  a  term  shall  hold 
office  only  for  the  unexpired  term  of  his  predecessor.  The  governor  shall  have 
the  power  to  remove  either  of  the  directors  for  misconduct,  incompetency,  or 
neglect  of  duty,  after  an  opportunity  to  be  heard  upon  written  charges. 

§  2.  The  board  of  directors  shall  have  the  charge  and  superintendence  of 
the  state  prisons,  and  shall  possess  such  powers  and  perform  such  duties,  in 
respect  to  other  penal  and  reformatory  institutions  of  the  state,  as  the  legisla- 
ture may  prescribe. 

§  3.  The  board  shall  appoint  the  warden  and  clerk,  and  determine  the 
other  necessary  officers  of  the  prisons.  The  board  shall  have  power  to  re- 
move the  wardens  and  clerks  for  misconduct,  incompetency,  or  neglect  of  duty. 
All  other  officers  and  employees  of  the  prisons  shall  be  appointed  by  the  war- 
den thereof,  and  be  removed  at  his  pleasure. 

§  4.  The  members  of  the  board  shall  receive  no  compensation,  other  than 
reasonable  traveling  and  other  expenses  incurred  while  engaged  in  the  per- 
formance of  official  duties,  to  be  audited  as  the  legislature  may  direct. 

§  5.     The  legislature  shall  pass  such  laws  as  may  be  necessary  to  further 


xc  CONSTITUTION     OP    THE     STATE     OF     CALIFORNIA — 1879. 

define  and  regulate  the  powers  and  duties  of  the  board,  wardens,  and  clerks, 
and  to  carry  into  effect  the  provisions  of  this  article. 

§  6.  After  the  first  day  of  January,  eighteen  hundred  and  eighty-two,  the 
labor  of  convicts  shall  not  be  let  out  by  contract  to  any  person,  copartnership, 
company,  or  corporation,  and  the  legislature  shall,  by  law,  provide  for  the 
working  of  convicts  for  the  benefit  of  the  state. 

Article  XI. 

COUNTIES,   CITIES,   AND   TOWNS. 

§  1.  The  several  counties,  as  they  now  exist,  are  hereby  recognized  as  legal 
subdivisions  of  this  state. 

§  2.  No  county  seat  shall  be  removed  unless  two  thirds  of  the  qualified 
electors  of  the  count}',  voting  on  the  proposition  at  a  general  election,  shall 
vote  in  favor  of  such  removal.  A  proposition  of  removal  shall  not  be  sub- 
mitted in  the  same  county  more  than  once  in  four  years. 

§  3.  The  legislature,  by  general  and  uniform  laws,  may  provide  for  the 
formation  of  new  counties;  provided,  however,  that  no  new  county  shall  be 
established  which  shall  reduce  nny  county  to  a  population  of  less  than  eight 
thousand ;  nor  shall  a  new  county  be  formed  containing  a  less  population 
than  five  thousand;  nor  shall  any  line  thereof  pass  within  five  miles  of  the 
county  seat  of  any  county  proposed  to  be  divided.  Every  county  which  shall 
be  enlarged  or  created  from  territory  taken  from  any  other  county  or  counties 
shall  be  liable  for  a  just  proportion  of  the  existing  debts  and  liabilities  of  the 
county  or  counties  from  which  such  territory  shall  be  taken.  [Amendment 
adopted  November  6,  1894.] 

§  4.  The  legislature  shall  establish  a  system  of  county  governments,  which 
shall  be  uniform  throughout  the  state;  and  by  general  laws  shall  provide  for 
township  organization,  imder  which  any  county  may  organize  whenever  a  ma- 
jority of  the  qualified  electors  of  such  county,  voting  at  a  general  election,  shall 
so  determine;  and  whenever  a  county  shall  adopt  township  organization,  the 
assessment  and  collection  of  the  revenue  shall  be  made,  and  the  business  of  such 
county  and  the  local  affairs  of  the  several  townships  therein  shall  be  managed 
and  transacted,  in  the  manner  prescribed  by  such  general  laws. 

§  5.  The  legislature,  by  general  and  uniform  laws,  shall  provide  for  the 
election  or  appointment,  in  the  several  counties,  of  boards  of  supervisors, 
sheriff's,  county  clerks,  district  attorneys,  and  such  other  county,  township, 
and  municipal  officers  as  public  convenience  may  require,  and  shall  prescribe 
their  duties  and  fix  their  terms  of  office.  It  shall  regulate  the  compensation 
of  all  such  officers,  in  proportion  to  duties,  and  for  this  purpose  may  classify 
the  counties  by  population,  and  it  shall  provide  for  the  strict  accountability 
of  county  and  township  officers  for  all  fees  which  may  be  collected  by  them, 
and  for  all  public  and  municipal  moneys  which  may  be  paid  to  them,  or  offi- 
cially come  into  their  possession. 

§  6.  Corporations  for  municipal  purposes  shall  not  be  created  by  special 
laws;  but  the  legislature,  by  general  laws,  shall  provide  for  the  incorporation, 
organization,  and  classification,  in  proportion  to  population,  of  cities  and  towns, 
which  laws  may  be  altered,  amended,  or  repealed.    Cities  and  towns  heretofore 


CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879.  xci 

organized  or  incorporated  may  become  organized  under  such  general  laws 
whenever  a  majority  of  the  electors  voting  at  a  general  election  shall  so  deter- 
mine, and  shall  organize  in  conformity  therewith ;  and  cities  and  towns  hereto- 
fore or  hereafter  organized,  and  all  charters  thereof  framed  or  adopted  by 
authority  of  this  constitution,  except  in  municipal  affairs,  shall  be  subject  to 
and  controlled  by  general  laws.     [Amendment  adopted  November  3,  1896.] 

§  7.  City  and  county  governments  may  be  merged  and  consolidated  into 
one  municipal  government,  with  one  set  of  officers,  and  may  be  incorporated 
under  general  laAvs  providing  for  the  incorporation  and  organization  of  cor- 
porations for  municipal  purposes.  The  provisions  of  this  constitution  ap- 
plicable to  cities,  and  also  those  applicable  to  counties,  so  far  as  not  inconsistent 
or  prohibited  to  cities,  shall  be  applicable  to  such  consolidated  government. 
[Amendment  adopted  November  6,  1894.] 

§  8.  Any  city  containing  a  population  of  more  than  three  thousand  five  hun- 
dred inhabitants  may  frame  a  charter  for  its  own  government,  consistent  with 
and  subject  to  the  constitution  and  laws  of  this  state,  by  causing  a  board  of 
fifteen  freeholders,  who  shall  have  been  for  at  least  five  years  qualified  electors 
thereof,  to  be  elected  by  the  qualified  voters  of  said  city,  at  any  general  or  special 
election,  who.se  duty  it  shall  be,  within  ninety  days  after  such  election,  to  prepare 
and  propose  a  charter  for  such  city,  which  shall  be  signed  in  duplicate  by  the 
members  of  such  board,  or  a  majority  of  them,  and  returned,  one  copy  to  the 
mayor  thereof,  or  other  chief  executive  officer  of  such  city,  and  the  other  to  the 
recorder  of  the  county.  Such  proposed  charter  shall  then  be  published  in  two 
daily  newspapers  of  general  circulation  in  such  city,  for  at  least  twenty  days, 
and  the  first  publication  shall  be  made  within  twenty  days  after  the  completion 
of  the  charter;  provided,  that  in  cities  containing  a  population  of  not  more  than 
ten  thousand  inhabitants  such  proposed  charter  shall  be  published  in  one  such 
daily  newspaper;  and  within  not  less  than  thirty  daj^s  after  such  publication  it 
shall  be  submitted  to  the  qualified  electors  of  said  city  at  a  general  or  special  elec- 
tion, and  if  a  majority  of  such  qualified  electors  voting  thereon  shall  ratify  the 
same,  it  shall  thereafter  be  submitted  to  the  legislature  for  its  approval  or  rejec- 
tion as  a  whole,  without  power  of  alteration  or  amendment.  Such  approval  may 
be  made  by  concurrent  resolution,  and  if  approved  by  a  majority  vote  of  the  mem- 
bers elected  to  each  house,  it  shall  become  the  charter  of  such  city,  or  if  such  city 
be  consolidated  with  a  county,  then  of  such  city  and  county,  and  shall  become 
the  organic  law  thereof,  and  supersede  any  existing  charter,  and  all  amendments 
thereof,  and  all  laws  inconsistent  with  such  charter.  A  copy  of  such  charter, 
certified  by  the  mayor  or  chief  executive  officer,  and  authenticated  by  the  seal  of 
such  city,  setting  forth  the  submission  of  such  charter  to  the  electors,  and  its 
ratification  by  them,  shall,  after  the  approval  of  such  charter  by  the  legislature, 
be  made  in  duplicate,  and  deposited,  one  in  the  office  of  the  secretary  of  state,  and 
the  other,  after  being  recorded  in  said  recorder's  office,  shall  be  deposited  in  the 
archives  of  the  city,  and  thereafter  all  courts  shall  take  judicial  notice  of  said 
charter.  The  charter,  so  ratified,  may  be  amended  at  intervals  of  not  less  than 
two  years  by  proposals  therefor,  submitted  by  the  legislative  authority  of  the 
city  to  the  qualified  electors  thereof,  at  a  general  or  special  election,  held  at  least 
forty  days  after  the  publication  of  such  proposals  for  twenty  days  in  a  daily 
newspaper  of  general  circulation  in  such  city,  and  ratified  bj-  a  majority  of  the 


Xdi  CONSTITUTION     OF    THE     STATE     OF    CALIFORNIA — 1879. 

electors  voting  thereon,  and  approved  by  the  legislature  as  herein  provided  for 
the  approval  of  the  charter.  Whenever  fifteen  per  centum  of  the  qualified  voters 
of  the  city  shall  petition  the  legislative  authority  thereof  to  submit  any  proposed 
amendment  or  amendments  to  said  charter  to  the  qualified  voters  thereof  for 
approval,  the  legislative  authority  thereof  must  submit  the  same.  In  submitting 
any  such  charter,  or  amendments  thereto,  any  alternative  article  or  proposition 
may  be  presented  for  the  choice  of  the  voters,  and  may  be  voted  on  separately 
without  prejudice  to  others.     [Amendment  adopted  November  4,  1902.] 

§  81/0.  It  shall  be  competent,  in  all  charters  framed  under  the  authority  given 
by  section  eight  of  article  eleven  of  this  constitution,  to  provide,  in  addition  to 
those  provisions  allowable  by  this  constitution  and  by  the  laws  of  the  state,  as 
follows : 

1.  For  the  constitution,  regulation,  government,  and  juri.sdiction  of  police 
courts,  and  for  the  manner  in  which,  the  times  at  which,  and  the  terms  for  which 
the  judges  of  such  courts  shall  be  elected  or  appointed,  and  for  the  compensation 
of  said  judges  and  of  their  clerks  and  attaches. 

2.  For  the  manner  in  wdiich,  the  times  at  which,  and  the  terms  for  which  the 
members  of  boards  of  education  shall  be  elected  or  appointed,  and  the  number 
w^hich  shall  constitute  any  one  of  such  boards. 

3.  For  the  manner  in  which,  the  times  at  which,  and  the  terms  for  which  the 
members  of  the  boards  of  police  commi.s.sioners  shall  be  elected  or  appointed; 
and  for  the  constitution,  regulation,  compensation,  and  government  of  such 
boards  and  of  the  municipal  police  force. 

4.  For  the  manner  in  which,  the  times  at  which,  and  the  terms  for  which  the 
members  of  all  boards  of  election  shall  be  elected  or  appointed,  and  for  the  con- 
stitution, regulation,  compensation,  and  government  of  such  boards,  and  of  their 
clerks  and  attaches ;  and  for  all  expenses  incident  to  the  holding  of  any  election. 

"Where  a  city  and  county  government  has  been  merged  and  consolidated  into 
one  municipal  government,  it  shall  also  be  competent  in  any  charter  framed 
under  said  section  eight  of  said  article  eleven,  to  provide  for  the  manner  in  which, 
the  times  at  which,  and  the  terms  for  which  the  several  county  officers  shall  be 
elected  or  appointed,  for  their  compensation,  and  for  the  number  of  deputies  that 
each  shall  have,  and  for  the  compensation  payalile  to  each  of  such  deputies. 
[Amendment  adopted  November  3,  1896.] 

§  9.  The  compensation  of  any  county,  city,  town,  or  municipal  officer  shall 
not  be  increased  after  his  election  or  during  his  term  of  office;  nor  shall  the 
term  of  any  such  officer  be  extended  beyond  the  period  for  whieli  he  is  elected  or 
appointed. 

§  10.  No  county,  city,  town,  or  other  public  or  municipal  corporation,  nor 
the  inhabitants  thereof,  nor  the  property  therein,  shall  be  released  or  discharged 
from  its  or  their  proportionate  .share  of  taxes  to  be  levied  for  state  purposes,  nor 
shall  commutation  for  such  taxes  be  authorized  in  any  form  whatsoever. 

§  11.  Any  county,  city,  town,  or  township  may  make  and  enforce  within  its 
limits  all  such  local,  police,  sanitary,  and  other  regulations  as  are  not  in  conflict 
with  general  laws. 

§  12.  The  legislature  sliall  have  no  power  to  impose  taxes  upon  counties, 
cities,  towns  or  (^ther  pul)lie  or  municipal  corporations,  or  upon  the  inhabitants 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA — 1879.  xeiii 

or  property  thereof,  for  county,  city,  town,  or  other  municipal  purposes,  but 
may,  by  general  laws,  vest  in  the  corporate  authorities  thereof  the  power  to 
assess  and  collect  taxes  for  such  purposes. 

§  13.  The  legislature  shall  not  delegate  to  any  special  commission,  private 
corporation,  company,  association,  or  individual,  any  power  to  make,  control, 
appropriate,  supervise,  or  in  any  way  interfere  with  any  county,  city,  town,  or 
municipal  improvement,  money,  property,  or  effects,  whether  held  in  trust  or 
otherwise,  or  to  levy  taxes  or  assessments,  or  perform  any  municipal  functions 
whatever. 

§  14.  No  state  office  shall  be  continued  or  created  in  any  county,  city,  town,  or 
other  municipality,  for  the  inspection,  measurement,  or  graduation  of  any  mer- 
chandise, manufacture,  or  commodity ;  but  such  county,  city,  town,  or  munici- 
pality may,  when  authorized  by  general  law,  appoint  such  officers. 

§  15.  Private  property  shall  not  be  taken  or  sold  for  the  payment  of  the 
corporate  debt  of  any  political  or  municipal  corporation. 

§  16.  All  moneys,  assessments,  and  taxes  belonging  to  or  collected  for  the 
use  of  any  county,  city,  town,  or  other  public  or  municipal  corporation  coming 
into  the  hands  of  any  officer  thereof,  shall  immediately  be  deposited  with  the 
treasurer,  or  other  legal  depositary,  to  the  credit  of  such  city,  town,  or  other 
corporation,  respectively,  for  the  benefit  of  the  funds  to  which  they  respectively 
belong. 

§  17.  The  making  of  profit  out  of  county,  city,  town,  or  other  public  money, 
or  using  the  same  for  any  purpose  not  authorized  by  law,  by  any  officer  having 
the  possession  or  control  thereof,  'shall  be  a  felony,  and  shall  be  prosecuted  and 
punished  as  prescribed  by  law. 

§  18.  No  county,  city,  town,  township,  board  of  education,  or  school  districts, 
shall  incur  any  indebtedness  or  liability  in  any  manner  or  for  any  purpose 
exceeding  in  any  year  the  income  and  revenue  provided  for  such  year,  without 
the  assent  of  two  thirds  of  the  qualified  electors  thereof,  voting  at  an  election  to 
be  held  for  that  purpose,  nor  unless  before  or  at  the  time  of  incurring  such 
indebtedness  provision  shall  be  made  for  the  collection  of  an  annual  tax  suffi- 
cient to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  provision 
to  constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof  on  or 
before  maturity,  which  shall  not  exceed  forty  years  from  the  time  of  contracting 
the  same :  provided,  however,  that  the  city  and  county  of  San  Francisco  may  at 
any  time  pay  the  unpaid  claims,  with  interest  thereon  at  the  rate  of  five  per 
centum  per  annum,  for  materials  furnished  to  and  work  done  for  said  city  and 
county  during  the  forty-first,  forty-second,  forty-third,  forty-fourth,  and  fiftieth 
fiscal  years,  and  for  unpaid  teachers'  salaries  for  the  fiftieth  fiscal  year,  out  of 
the  income  and  revenue  of  any  succeeding  year  or  years,  the  amount  to  be  paid 
in  full  of  said  claims  not  to  exceed  in  the  aggregate  the  sum  of  five  hundred 
thousand  dollars,  and  that  no  .statute  of  limitations  shall  apply  in  any  manner 
to  these  claims ;  and  provided  further,  that  the  city  of  Vallejo,  of  Solano  County, 
may  pay  its  existing  indebtedness  incurred  in  the  construction  of  its  waterworks 
whenever  two  thirds  of  the  electors  thereof  voting  at  an  election  held  for  that 
purpose  shall  so  decide,  and  that  no  statute  of  limitations  shall  apply  in  anj'" 
manner.    Any  indebtedness  or  liability  incurred  contrary  to  this  provision,  with 


xciv  CONSTITUTION     OP    THE     STATE     OP    CALIFORNIA— 1879. 

the  exceptions  hereinbefore  recited,  shall  be  void.     [Amendment  adopted  Novem- 
ber 6,  1900.] 

§  19.  In  any  city  where  there  are  no  public  works  owned  and  controlled  by  the 
municipality  for  supplying  the  same  with  water  or  artificial  light,  any  indi- 
vidual, or  any  company  duly  incorporated  for  such  purpose  under  and  by 
authority  of  the  laws  of  this  state,  shall,  under  the  direction  of  the  superin- 
tendent of  streets,  or  other  officer  in  control  thereof,  and  under  such  general 
regulations  as  the  municipality  may  prescribe  for  damages  and  indemnity  for 
damages,  have  the  privilege  of  using  the  public  streets  and  thoroughfares 
thereof,  and  of  laying  down  pipes  and  conduits  therein,  and  connections  there- 
with, so  far  as  may  be  necessary  for  introducing  into  and  supplying  such  city 
and  its  inhabitants  either  with  gaslight  or  other  illuminating  light,  or  with 
fresh  water  for  domestic  and  all  other  purposes,  upon  the  condition  that  the 
municipal  government  shall  have  the  right  to  regulate  the  charges  thereof. 
[Amendment  adopted  November  4,  1884.] 

Article  XII. 

CORPORATIONS. 

§  1.  Corporations  may  be  formed  under  general  laws,  but  shall  not  be  cre- 
ated by  special  act.  All  laws  now  in  force  in  this  state  concerning  corporations, 
and  all  laws  that  may  be  hereafter  pas.sed  pursuant  to  this  section,  may  be 
altered  from  time  to  time  or  repealed. 

§  2.  Dues  from  corporations  shall  be  secured  by  such  individual  liability  of 
the  corporators  and  other  means  as  may  be  prescribed  by  law. 

§  3.  Each  stockholder  of  a  corporation  or  joint-stock  association  shall  be 
individually  and  personally  liable  for  such  proportion  of  all  its  debts  and  lia- 
bilities contracted  or  incurred  during  the  time  he  was  a  stockholder  as  the  amount 
of  stock  or  shares  owned  by  him  bears  to  the  whole  of  the  subscribed  capital 
stock  or  shares  of  the  corporation  or  a.ssociation.  The  directors  or  trustees  of 
corporations  and  joint-stock  associations  shall  be  jointly  and  severally  liable  to 
the  creditoi-s  and  stockholders  for  all  moneys  embezzled  or  misappropriated  by 
the  officers  of  such  corporation  or  joint-stock  association  during  the  term  of 
office  of  such  director  or  trustee. 

§  4.  The  term  "corporations,"  as  used  in  this  article,  shall  be  construed  to 
include  all  associations  and  joint-stock  companies  having  any  of  the  powers  or 
privileges  of  corporations  not  possessed  by  individuals  or  partnerships,  and  all 
corporations  shall  have  the  right  to  sue,  and  be  subject  to  be  sued,  in  all  courts, 
in  like  cases  as  natural  persons. 

§  5.  The  legislature  shall  have  no  power  to  pass  an.y  act  granting  any  charter 
for  banking  purposes,  but  corporations  or  associations  may  be  formed  for  such 
purposes  under  general  laws.  No  corporation,  association,  or  individual  shall 
issue  or  put  in  circulation,  as  money,  anything  but  the  lawful  money  of  the 
United  States. 

§  6.  All  existing  charters,  grants,  franchises,  special  or  exclusive  privileges, 
under  which  an  actual  and  bona  fide  organization  shall  not  have  taken  place,  and 
business  been  commenced  in  good  faith,  at  the  time  of  the  adoption  of  this  con- 
stitution, shall  thereafter  have  no  validity. 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA— 1879.  xcv 

§  7.  The  legislature  shall  not  extend  any  franchise  or  charter,  nor  remit  the 
forfeiture  of  any  franchise  or  charter,  of  any  corporation  now  existing,  or  which 
shall  hereafter  exist,  under  the  laws  of  this  state. 

§  8.  The  exercise  of  the  right  of  eminent  domain  shall  never  be  so  abridged 
or  construed  as  to  prevent  the  legislature  from  taking  the  property  and  fran- 
chises of  incorporated  companies  and  subjecting  them  to  public  use  the  same  as 
the  property  of  individuals;  and  the  exercise  of  the  police  power  of  the  state 
shall  never  be  so  abridged  or  construed  as  to  permit  corporations  to  conduct  their 
business  in  such  manner  as  to  infringe  the  rights  of  individuals  or  the  general 
well-being  of  the  state. 

§  9.  No  corporation  shall  engage  in  any  business  other  than  that  expressly 
authorized  in  its  charter  or  the  law  under  which  it  may  have  been  or  may  here- 
after be  organized ;  nor  shall  it  hold  for  a  longer  period  than  five  years  any  real 
estate,  except  such  as  may  be  necessary  for  carrying  on  its  business. 

§  10.  The  legislature  shall  not  pass  any  laws  permitting  the  leasing  or  alien- 
ation of  any  franchise,  so  as  to  relieve  the  franchise  or  property  held  thereunder 
from  the  liabilities  of  the  lessor  or  grantor,  lessee  or  grantee,  contracted  or  in- 
curred in  the  operation,  use,  or  enjoyment  of  such  franchise,  or  any  of  its 
privileges. 

§  11.  No  corporation  shall  issue  stock  or  bonds,  except  for  money  paid,  labor 
done,  or  property  actually  received,  and  all  fictitous  increase  of  stock  or  indebted- 
ness shall  be  void.  The  stock  and  bonded  indebtedness  of  corporations  shall  not 
be  increased,  except  in  pursuance  of  general  law,  nor  without  the  consent  of  the 
persons  holding  the  larger  amount  in  value  of  the  stock,  at  a  meeting  called  for 
that  purpose,  giving  sixty  days'  public  notice  as  may  be  provided  by  law. 

§  12.  In  all  elections  for  directors  or  managers  of  corporations  every  stock- 
holder shall  have  the  right  to  vote,  in  person  or  by  proxy,  the  number  of  shares 
of  stock  owned  by  him,  for  as  many  persons  as  there  are  directors  or  managers 
to  be  elected,  or  to  cumulate  said  shares  and  give  one  candidate  as  many  votes 
as  the  number  of  directors  multiplied  by  the  number  of  his  shares  of  stock  shall 
equal,  or  to  distribute  them,  on  the  same  principle,  among  as  many  candidates  as 
he  shall  think  fit ;  and  such  directors  or  managers  shall  not  be  elected  in  any  other 
manner,  except  that  members  of  co-operative  societies  formed  for  agricultural, 
mercantile,  and  manufacturing  purposes  may  vote  on  all  questions  affecting  such 
societies  in  manner  prescribed  by  law. 

§  13.  The  .state  shall  not,  in  any  manner,  loan  its  credit,  nor  shall  it  sub- 
scribe to  or  be  interested  in  the  stock  of  any  company,  association,  or  corporation. 

§  14.  Every  corporation,  other  than  religious,  educational,  or  benevolent,  or- 
ganized or  doing  business  in  this  state,  shall  have  and  maintain  an  office  or 
place  in  this  state  for  the  transaction  of  its  business,  where  transfers  of  stock 
shall  be  made,  and  in  which  shall  be  kept,  for  inspection  by  every  person  having 
an  interest  therein,  and  legislative  committees,  books  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  and  by  whom ;  the  names  of  the  own- 
ers of  its  stock,  and  the  amounts  owned  by  them  respectively ;  the  amount  of 
stock  paid  in,  and  by  whom;  the  transfers  of  stock;  the  amount  of  its  assets 
and  liabilities,  and  the  names  and  places  of  residence  of  its  officers. 


xovl  CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA — 1879. 

§  15.  No  corporation  organized  outside  the  limits  of  this  state  shall  be  al- 
lowed to  transact  business  within  this  state  on  more  favorable  conditions  than 
are  prescribed  by  law  to  similar  corporations  organized  under  the  laws  of  this 
state. 

§  16.  A  corporation  or  association  may  be  sued  in  the  county  where  the  con- 
tract is  made  or  is  to  be  performed,  or  where  the  obligation  or  liability  arises  or 
the  breach  occurs ;  or  in  the  county  where  the  principal  place  of  business  of  such 
corporation  is  situated,  subject  to  the  power  of  the  court  to  change  the  place  of 
trial,  as  in  other  cases. 

§  17.  All  railroad,  canal,  and  other  transportation  companies  are  declared 
to  be  common  carriers,  and  subject  to  legislative  control.  Any  association  or 
corporation,  organized  for  the  purpose  under  the  laws  of  this  state,  shall  have 
the  right  to  connect  at  the  state  line  with  railroads  of  other  states.  Everj'  rail- 
road company  shall  have  the  right  with  its  road  to  interesect,  connect  with,  or 
cross  any  other  railroad,  and  shall  receive  and  transport  each  the  other's 
passengers,  tonnage,  and  cars,  without  delaj'  or  discrimination. 

§  18.  No  president,  director,  officer,  agent,  or  employee  of  any  railroad  or 
canal  company  shall  be  interested,  directly  or  indirectly,  in  the  furnishing  of 
material  or  supplies  to  such  company,  nor  in  the  business  of  transportation  as 
a  common  carrier  of  freight  or  pa.sseugers  over  the  works  owned,  leased,  con- 
trolled, or  worked  by  such  company,  except  such  interest  in  the  business  of  trans- 
l)ortation  as  lawfully  flows  from  the  ownership  of  stock  therein. 

^  19.  No  railroad  or  other  transportation  company  shall  grant  free  passes, 
or  passes  or  tickets  at  a  discount,  to  any  person  holding  any  office  of  honor,  trust, 
or  profit  in  this  state;  and  the  acceptance  of  any  such  pass  or  ticket,  by  a 
member  of  the  legislature,  or  any  public  officer,  other  tliaii  i-ailroad  commissioner, 
shall  w'ork  a  forfeiture  of  his  office. 

§  20.  No  railroad  company  or  other  common  carrier  shall  combine  or  make 
any  contract  with  the  owners  of  any  ves.sel  that  leaves  port  or  makes  port  in  this 
state,  or  with  any  common  carrier,  by  which  combination  or  contract  the  earnings 
of  one  doing  the  carrying  are  to  be  shared  by  the  other  not  doing  the  carrying. 
And  Avhenever  a  railroad  corporation  shall,  for  the  purpose  of  competing  with 
any  other  common  carrier,  lower  its  rates  for  transportation  of  passengers  or 
freight  from  one  point  to  another,  such  reduced  rates  shall  not  be  again  raised 
or  increased  from  such  standard  without  the  consent  of  the  governmental  au- 
thority in  which  shall  be  vested  the  power  to  regulate  fares  and  freights. 

§  21.  No  discrimination  in  charges  or  facilities  for  transportation  shall  be 
made  by  any  railroad  or  other  transportation  company  between  places  or  persons, 
or  in  the  facilities  for  the  transportation  of  the  same  classes  of  freight  or  pas- 
sengers within  this  state,  or  coming  from  or  going  to  any  other  state.  Persons 
and  property  transported  over  any  railroad,  or  by  any  other  transportation 
company  or  individual,  shall  be  delivered  at  any  station,  landing,  or  port,  at 
charges  not  exceeding  the  charges  for  transportation  of  persons  and  property  of 
the  snme  class,  in  the  same  direction,  to  any  more  distant  station,  port,  or 
landing.     Excursion  and  commutation  tickets  may  be  issued  at  special  rates. 

§  22.  The  state  shall  be  divided  into  three  districts  as  nearly  equal  in  popu- 
lation as  practicable,  in  each  of  which  one  railroad  commissioner  shall  be  elected 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA — 1879.  xcvii 

hy  the  qualified  electors  thereof  at  the  regular  gubernatorial  elections,  whose 
salary  shall  be  fixed  by  law,  and  whose  term  of  office  shall  be  four  years,  com- 
mencing on  the  first  Monday  after  the  first  day  of  January  next  succeeding  their 
election.  Said  commissioners  shall  be  qualified  electors  of  this  state  and  of  the 
district  from  which  they  are  elected,  and  shall  not  be  interested  in  any  railroad 
corporation,  or  other  transportation  companj^,  as  stockholder,  creditor,  agent, 
attorney,  or  employee;  and  the  act  of  a  majority  of  said  commijssioners  shall  be 
deemed  the  act  of  said  commission.  Said  commissioners  shall  have  the  power, 
and  it  shall  be  their  dutj',  to  establish  rates  of  charges  for  the  transportation  of 
passengers  and  freight  by  railroad  or  other  transportation  companies ;  and 
publish  the  same  from  time  to  time,  w'ith  such  changes  as  they  may  make;  to 
examine  the  books,  records,  and  papers  of  all  railroad  and  other  transportation 
companies,  and  for  this  purpose  they  shall  have  power  to  issue  subpoenas  and  all 
other  necessary  process ;  to  hear  and  determine  complaints  against  railroad  and 
other  transportation  companies,  to  send  for  persons  and  papers,  to  administer 
oaths,  take  testimony,  and  punish  for  contempt  of  their  orders  and  processes,  in 
the  same  manner  and  to  the  same  extent  as  courts  of  record,  and  enforce  their 
decisions  and  correct  abuses  through  the  medium  of  the  courts.  Said  commission- 
ers shall  prescribe  a  uniform  system  of  accounts  to  be  kept  by  all  such  corpora- 
tions and  companies.  Any  railroad  corporation  or  transportation  company 
which  shall  fail  or  refuse  to  conform  to  such  rates  as  shall  be  established  by 
such  commissioners,  or  shall  charge  rates  in  excess  thereof,  or  shall  fail  to  keep 
their  accounts  in  accordance  with  the  system  prescribed  by  the  commission,  shall 
be  fined  not  exceeding  twenty  thousand  dollars  for  each  offense ;  and  every  officer, 
agent,  or  employee  of  any  such  corporation  or  company  who  shall  demand  or 
receive  rates  in  excess  thereof,  or  who  shall  in  any  manner  violate  the  provisions 
of  this  section,  shall  be  fined  not  exceeding  five  thousand  dollars,  or  be  im- 
prisoned in  the  county  jail  not  exceeding  one  year.  In  all  controversies,  civil  or 
criminal,  the  rates  of  fares  and  freights  established  by  said  commission  shall  be 
deemed  conclusively  just  and  reasonable,  and  in  any  action  against  such  corpora- 
tion or  company  for  damages  sustained  by  charging  excessive  rates,  the  plaintiff, 
in  addition  to  the  actual  damage,  may,  in  the  discretion  of  the  judge  or  jury, 
recover  exemplary  damages.  Said  commission  shall  report  to  the  governor, 
annually,  their  proceedings,  and  such  other  facts  as  may  be  deemed  important. 
Nothing  in  this  section  shall  prevent  individuals  from  maintaining  actions 
against  any  such  companies.  The  legislature  may,  in  addition  to  any  penalties 
herein  prescribed,  enforce  this  article  by  forfeiture  of  charter  or  otherwise,  and 
may  confer  such  further  powers  on  the  commissioners  as  shall  be  necessary  to 
enable  them  to  perform  the  duties  enjoined  on  them  in  this  and  the  foregoing 
section.  The  legislature  shall  have  power,  by  a  two-thirds  vote  of  all  the  mem- 
bers elected  to  each  house,  to  remove  any  one  or  more  of  said  commissioners 
from  office,  for  dereliction  of  duty,  or  corruption,-  or  incompetency ;  and  when- 
ever, from  any  cause,  a  vacancy  in  office  shall  occur  in  said  commission,  the 
governor  shall  fill  the  same  by  the  appointment  of  a  qualified  person  thereto, 
who  shall  hold  office  for  the  residue  of  the  unexpired  term,  and  until  his  suc- 
cessor shall  have  been  elected  and  qualified. 

§  23.     Until  the  legislature  shall  district  the  state,  the  following  shall  be  the 
railroad  districts  :     The  first  district  shall  be  composed  of  the  counties  of  Alpine, 

Gen.  Laws — vli 


xcviii  CONSTITUTION    OP    THE    STATE    OF    CALIFORNIA— 1879. 

Amador,  Butte,  Calaveras,  Colusa,  Del  Norte,  El  Dorado,  Humboldt,  Lake, 
Lassen,  Mendocino,  Modoc,  Napa,  Nevada,  Placer,  Plumas,  Sacramento,  Shasta, 
Sierra,  Siskiyou,  Solano,  Sonoma,  Sutter,  Tehama,  Trinity,  Yolo,  and  Yuba, 
from  which  one  railroad  commissioner  shall  be  elected.  The  second  district  shall 
be  composed  of  the  counties  of  Marin,  San  Francisco,  and  San  Mateo,  from  which 
one  railroad  commissioner  shall  be  elected.  The  third  district  shall  be  com- 
posed of  the  counties  of  Alameda,  Contra  Costa,  Fresno,  Inyo,  Kern,  Los  An- 
geles, Mariposa,  Merced,  Mono,  Monterey,  San  Benito,  San  Bernardino,  San 
Diego,  San  Joaquin,  San  Luis  Obispo,  Santa  Barbara,  Santa  Clara,  Santa  Cruz, 
Stanislaus,  Tulare,  Tuolumne,  aAd  Ventura,  from  which  one  railroad  commis- 
sioner shall  be  elected. 

§  24.  The  legislature  shall  pass  all  laws  necessary  for  the  enforcement  of  the 
provisions  of  this  article. 

Article  XIII. 

REVENUE   AND   TAXATION. 

§  1.  All  property  in  the  state,  not  exempt  under  the  laws  of  the  United  States, 
shall  be  taxed  in  proportion  to  its  value,  to  be  ascertained  as  provided  by  law. 
The  word  "property,"  as  used  in  this  article  and  section,  is  hereby  declared  to 
include  moneys,  credits,  bonds,  stocks,  dues,  franchises,  and  all  other  matters 
and  things,  real,  personal,  and  mixed,  capable  of  private  ownership;  provided, 
that  property  used  for  free  public  libraries  and  free  museums,  growing  crops, 
property  used  exclusively  for  public  schools,  and  .such  as  nuiy  belong  to  the 
United  States,  this  state,  or  to  any  county  or  miuiicipal  corporation  within  this 
state,  shall  be  exempt  from  taxation.  The  legislature  may  provide,  except  in 
case  of  credits  secured  by  mortgage  or  trust  deed,  for  a  deduction  from  credits 
of  debts  due  to  bona  fide  residents  of  this  state.  [Amendnumt  adopted  Novem- 
ber 6,  1894.1 

§  11/9.  All  buildings,  and  so  nuieh  of  the  real  property  on  which  they  are 
situated  as  may  be  required  for  the  convenient  use  and  occupation  of  said  build- 
ings, when  the  same  are  used  solely  and  exclusively  for  religious  worship,  shall 
be  free  from  taxation ;  provided,  that  no  building  so  used  which  may  be  rented 
for  religious  purposes  and  rent  received  by  the  owner  therefor  shall  be  exempt 
from  taxation.     |  New  section,  adopted  November  6,  1900.] 

§  1%.  All  bonds  hereafter  issued  by  the  state  of  California,  or  by  any  county, 
city  and  county,  municipal  corporation,  or  district  (including  school,  reclama- 
tion, and  irrigation  districts)  within  said  state,  shall  be  free  and  exempt  from 
taxation.     [New  section,  adopted  November  4,  1902.] 

§  2.  Land,  and  the  improvements  thereon,  shall  be  separately  assessed.  Culti- 
vated and  uncultivated  land,  of  the  same  quality,  and  similarly  situated,  shall 
be  assessed  at  the  same  value. 

§  3.  Every  tract  of  land  containing  more  than  six  hundred  and  forty  acres, 
and  which  has  been  sectionized  by  the  Ignited  States  government,  shall  be 
assessed,  for  the  purposes  of  taxation,  bj'  sections  or  fractions  of  sections.  Tho 
legislature  shall  provide  by  law  for  the  assessment,  in  small  tracts,  of  all  lands 
not  sectionized  by  the  United  States  government. 

§  4.  A  mortgage,  deed  of  trust,  contract,  or  other  obligation  liy  which  a  debt 
is  secured,  shall,  for  the  purposes  of  assessment  and  taxation,  be  deemed  and 


CONSTITUTION    OF    THE     STATE     OP    CALIFORNIA— 1879.  xcix 

■  treated  as  an  interest  in  the  property  affected  thereby.  Except  as  to  railroad  and 
other  quasi-public  corporations,  in  case  of  debt  so  secured,  the  value  of  the 
property  affected  by  such  mortgage,  deed  of  trust,  contract,  or  obligation,  less 
the  value  of  such  security,  shall  be  assessed  and  taxed  to  the  owner  of  the  prop- 
erty, and  the  value  of  such  security  shall  be  assessed  and  taxed  to  the  owner 
thereof,  in  the  county,  city,  or  district  in  which  the  property  affected  thereby  is 
situate.  The  taxes  so  levied  shall  be  a  lien  upon  the  property  and  security,  and 
may  be  paid  by  either  party  to  such  security;  if  paid  by  the  owner  of  the  secur- 
ity, the  tax  so  levied  upon  the  property  affected  thereby  shall  become  a  part  of 
the  debt  so  secured ;  if  the  owner  of  the  property  shall  pay  the  tax  so  levied  on 
such  security,  it  shall  constitute  a  payment  thereon,  and  to  the  extent  of  such 
payment,  a  full  discharge  thereof;  provided,  that  if  any  such  security  or  in- 
debtedness shall  be  paid  by  any  such  debtor  or  debtors,  after  assessment  and 
before  the  tax  levy,  the  amount  of  such  levy  may  likewise  be  retained  by  such 
debtor  or  debtors,  and  .shall  be  computed  according  to  the  tax  levy  for  the  pi-e- 
ceding  year. 

§  5.  Every  contract  hereafter  made,  by  which  a  debtor  is  obligated  to  pay  any 
tax  or  assessment  on  money  loaned,  or  on  any  mortgage,  deed  of  trust,  or  other 
lien,  shall,  as  to  any  interest  specified  therein,  and  as  to  such  tax  or  assessment, 
be  null  and  void. 

§  6.  The  power  of  taxation  shall  never  be  surrendered  or  suspended  by  any 
grant  or  contract  to  which  the  state  shall  be  a  party. 

§  7.  The  legislature  shall  have  the  power  to  provide  by  law  for  the  payment 
of  all  taxes  on  real  property  by  instalments. 

S  8.     The  legislature  shall  by  law  require  each  taxpayer  in  this  state  to  make 
and  deliver  to  the  county  assessor,  annually,  a  statement,  under  oath,  setting 
forth  specifically  all  the  real  and  personal  property  owned  by  such  taxpayer,  or  . 
in  his  possession,  or  under  his  control,  at  twelve  o'clock  meridian  on  the  first 
Monday  of  March. 

§  9.  A  state  board  of  equalization,  consisting  of  one  member  from  each  con- 
gressional district  in  this  state,  as  the  same  existed  in  eighteen  hundred  and 
seventy-nine,  shall  be  elected  by  the  qualified  electors  of  their  respective  dis- 
tricts, at  the  general  election  to  be  held  in  the  year  one  thousand  eight  hundred 
and  eighty-six,  and  at  each  gubernatorial  election  thereafter,  whose  term  of 
office  shall  be  for  four  years ;  whose  duty  it  shall  be  to  equalize  the  valuation  of  the 
taxable  property  in  the  several  counties  of  the  state  for  the  purpose  of  taxation. 
The  controller  of  state  shall  be  ex  officio  a  member  of  the  boards.  The  boards 
of  supervisors  of  the  several  counties  of  the  state  shall  constitute  boards  of  equali- 
zation for  their  respective  counties,  whose  duty  it  shall  be  to  equalize  the  valua- 
tion of  the  taxable  property  in  the  county  for  the  purpose  of  taxation ;  provided, 
such  state  and  county  boards  of  equalization  are  hereby  authorized  and  em- 
powered, under  such  rules  of  notice  as  the  county  boards  may  prescribe  as  to 
county  assessments,  and  under  such  rules  of  notice  as  the  state  board  may  pre- 
scribe as  to  the  action  of  the  state  board,  to  increase  or  lower  the  entire  assessment 
roll,  or  any  assessment  contained  therein,  so  as  to  equalize  the  assessment  of  the 
property  contained  in  said  assessment  roll,  and  make  the  assessment  conform 
to  the  true  value  in  money  of  the  property  contained  in  said  roll;  provided, 


C  CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879. 

that  no  board  of  equalization  shall  raise  any  mortgage,  deed  of  trust,  contract, 
or  other  obligation  by  which  a  debt  is  secured,  money,  or  solvent  credits,  above 
its  face  value.  The  present  state  board  of  equalization  shall  continue  in  office 
until  their  successors,  as  herein  provided  for,  shall  be  elected  and  shall  qualify. 
The  legislature  shall  have  power  to  redistriet  the  state  into  four  districts,  as 
nearly  equal  in  population  as  practical,  and  to  provide  for  the  elections  of 
members  of  said  board  of  equalization.  [Amendment  adopted  November  4, 
1884.] 

§  10.  All  property,  except  as  hereinafter  in  this  section  provided,  shall  be 
assessed  in  the  county,  city,  city  and  count3%  town,  township,  or  district  in  wliich 
it  is  situated,  in  the  manner  prescribed  by  law.  The  franchise,  roadway,  road- 
bed, rails,  and  rolling  stock  of  all  railroads  operated  in  more  than  one  county  in 
this  state  shall  be  assessed  by  the  state  board  of  equalization  at  their  actual  value, 
and  the  same  shall  be  aportioned  to  the  counties,  cities  and  counties,  cities,  towns, 
townships,  and  districts  in  which  such  railroads  are  located,  in  proportion  to  the 
number  of  miles  of  railway  laid  in  such  counties,  cities  and  counties,  cities,  towns, 
townships,  and  districts. 

§  IQi/G.  The  personal  property  of  every  householder  to  the  amount  of  one 
hundred  dollai-s,  the  articles  to  be  selected  by  each  householder,  shall  be  exempt 
from  taxation.     [New  section,  adopted  November  8,  1904.] 

§  11.  Income  taxes  may  be  assessed  to  any  collected  from  persons,  corpora- 
tions, joint-stock  associations,  or  companies  resident  or  doing  business  in  this 
state,  or  any  one  or  more  of  them,  in  such  cases  and  amounts,  and  in  such 
manner,  as  shall  be  prescribed  by  law. 

§  12.  The  legislature  shall  provide  for  the  levy  and  collection  of  an  annual 
poll-tax,  of  not  less  than  two  dollars,  on  everj'  male  inhabitant  of  this  state  over 
twenty-one  and  under  sixty  years  of  age,  except  paupers,  idiots,  insane  persons, 
and  Indians  not  taxed.    Said  tax  shall  be  paid  into  the  state  school  fund. 

§  12%.  Fruit  and  nut-bearing  trees  under  the  age  of  four  years  from  the 
time  of  planting  in  orchard  form,  and  grapevines  under  the  age  of  three  years 
from  the  time  of  planting  in  vineyard  form,  shall  be  exempt  from  taxation,  and 
nothing  in  this  article  shall  bo  construed  as  subjecting  such  trees  and  grapevines 
to  taxation.     [New  section,  adopted  November  6,  1894.] 

§  13.  The  legislature  shall  pass  all  laws  necessary  to  carrj-  out  the  provisions 
of  this  article. 

Article  XIV. 

WATER    AND    WATER    RIGHTS. 

§  1.  The  use  of  all  water  now  appropriated,  or  that  may  hereafter  be  ap- 
propriated, for  sale,  rental,  or  distribution,  is  hereby  declared  to  be  a  public  use, 
and  subject  to  the  regulation  and  control  of  the  state,  in  the  manner  to  be  pre- 
scribed by  law ;  provided,  that  the  rates  or  compensation  to  be  collected  by  any 
person,  company,  or  corporation  in  this  state  for  the  use  of  water  supplied  to  any 
city  and  county,  or  city,  or  town,  or  the  inhabitants  thereof,  shall  be  fixed,  annu- 
ally, by  the  board  of  supervisors,  or  city  and  county,  or  city,  or  town  council,  or 
other  governing  body  of  such  city  and  county,  or  city,  or  town,  by  ordinance  or 
otherwise,  in  the  manner  that  other  ordinances  or  legislative  acts  or  resolutions 


CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879.  ci 

are  passed  by  such  body,  and  shall  continue  in  force  for  one  year  and  no  longer. 
Such  ordinances  or  resolutions  shall  be  passed  in  the  month  of  February  of  each 
year,  and  take  effect  on  the  first  day  of  July  thereafter.  Any  board  or  body 
failing  to  pass  the  necessary  ordinances  or  resolutions  fixing  water  rates,  where 
necessary,  within  such  time,  shall  be  subject  to  peremptory  process  to  compel 
action,  at  the  suit  of  any  party  interested,  and  shall  be  liable  to  such  further 
processes  and  penalties  as  the  legislature  may  prescribe.  Any  person,  company, 
or  corporation  collecting  water  rates  in  any  city  and  county,  or  city,  or  town  in 
this  state,  otherwise  than  as  so  established,  shall  forfeit  the  franchises  and  water- 
works of  such  person,  company,  or  corporation  to  the  city  and  county,  or  city, 
or  town,  where  the  same  are  collected,  for  the  public  use. 

§  2.  The  right  to  collect  rates  or  compensation  for  the  use  of  waters  supplied 
to  any  county,  city  and  county,  or  town,  or  the  inhabitants  thereof,  is  a  franchise, 
and  cannot  be  exercised  except  by  authority  of  and  in  the  manner  prescribed 
by  law. 

Article  XV. 

HARBOR   FRONTAGE,    ETC. 

§  1.  The  right  of  eminent  domain  is  hereby  declared  to  exist  in  the  state  to 
all  frontages  on  the  navigable  waters  of  this  state. 

§  2.  No  individual,  partnership,  or  corporation,  claiming  or  possessing  the 
frontage  of  tidal  lands  of  a  harbor,  bay,  inlet,  estuary,  or  other  navigable  water 
in  this  state,  shall  be  permitted  to  exclude  the  right  of  way  to  such  water  when- 
ever it  is  required  for  any  public  purpose,  nor  to  destroy  or  obstruct  the  free 
navigation  of  such  water ;  and  the  legislature  shall  enact  such  laws  as  will  give 
the  most  liberal  construction  to  this  provision,  so  that  access  to  the  navigable 
waters  of  this  state  shall  be  always  attainable  for  the  people  thereof. 

§  3.  All  tide-lands  within  two  miles  of  any  incorporated  city  or  town  of  this 
state,  and  fronting  on  the  waters  of  any  harbor,  estuary,  bay,  or  inlet,  used  for 
the  purposes  of  navigation,  shall  be  withheld  from  grant  or  sale  to  private  per- 
sons, partnerships,  or  corporations. 

Article  XA-^I. 
state  indebtedness. 
§  1.  The  legislature  shall  not,  in  any  manner,  create  any  debt  of  debts,  lia- 
bility or  liabilities,  which  shall,  singly  or  in  the  aggregate  with  any  previous  debts 
or  liabilities,  exceed  the  sum  of  three  hundred  thousand  dollars,  except  in  case 
of  war  to  repel  invasion  or  suppress  insurrection,  unless  the  same  shall  be 
authorized  by  law  for  some  single  object  cr  work  to  be  distinctly  specified  therein, 
which  law  .shall  provide  Avays  and  means,  exclusive  of  loans,  for  the  payment  of 
the  interest  of  such  debt  or  liability  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  of  such  debt  or  liability  within  twenty  years  of  the  time  of  the 
contracting  thereof,  and  shall  be  irrepealable  until  the  principal  and  interest 
thereon  shall  be  paid  and  discharged;  but  no  such  law  shall  take  effect  until,  at 
a  general  election,  it  shall  have  been  submitted  to  the  people  and  shall  have  re- 
ceived a  majority  of  all  the  votes  cast  for  and  against  it  at  such  election;  and  all 
moneys  raised  by  authority  of  such  law  shall  be  applied  only  to  the  specific  object 
therein  stated,  or  to  the  payment  of  the  debt  thereby  created,  and  such  law  shall 


cU  CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879. 

be  published  in  at  least  one  newspaper  in  each  county,  or  city  and  county,  if  one 
be  published  therein,  throughout  the  state,  for  three  raontlis  next  preceding  the 
election  at  which  it  is  submitted  to  the  people.  The  legislature  may,  at  any  time 
after  the  approval  of  such  law  by  the  people,  if  no  debt  shall  have  been  con- 
tracted in  pursuance  thereof,  repeal  the  same. 

Article  XVII. 

LAND    AND    HOMESTEAD    EXEMPTION. 

§  1.  The  legislature  shall  protect,  by  law,  from  forced  sale,  a  certain  poition 
of  the  homestead  and  other  property  of  all  heads  of  families. 

§  2.  The  holding  of  large  tracts  of  land,  uncultivated  and  unimproved,  by 
individuals  or  corporations,  Ls  against  the  public  interest,  and  should  be  dis- 
couraged by  all  meaiis  not  inconsistent  with  the  rights  of  private  property. 

§  3.  Lands  belonging  to  this  state,  which  are  suitable  for  cultivation,  shall 
be  granted  only  to  actual  settlers,  and  in  quantities  not  exceeding  three  hundred 
and  twenty  acres  to  each  settler,  under  such  conditions  as  sliall  bo  prescribed 
by  law. 

Article  XVIII. 

AMENDING    AND    REVISING    THE   CONSTITUTION. 

§  1.  Any  amendment  or  amendments  to  this  constitution  nuiy  be  proposed 
in  the  senate  or  assembly,  and  if  two  thirds  of  all  the  membei-s  elected  to  each 
of  the  two  houses  shall  vote  in  favor  thereof,  such  proposed  amendment  or 
amendments  shall  be  entered  in  their  journals,  with  the  yeas  and  nays  taken 
thereon ;  and  it  shall  be  the  dutj'  of  the  legislature  to  submit  such  proposed 
amendment  or  amendments  to  the  people  in  such  manner,  and  at  such  time,  and 
after  such  publication  as  may  be  deemed  expedient.  Should  more  amendments 
than  one  be  submitted  at  the  same  election,  they  shall  be  so  prepared  and  dis- 
tinguished, by  numbers  or  otherwise,  that  each  can  be  voted  on  separately.  If 
the  people  shall  approve  and  ratify  such  amendment  or  amendments,  or  any  of 
them,  by  a  majority  of  the  qualified  electors  voting  thereon,  such  amendment 
or  amendments  shall  become  a  part  of  this  constitution. 

§  2.  Whenever  tAvo  thirds  of  the  members  elected  to  each  branch  of  the  leg- 
islature shall  deem  it  necessary  to  revise  this  constitution  they  shall  recommend 
to  the  electors  to  vote,  at  the  next  general  election,  for  or  against  a  convention 
for  that  purpose,  and  if  a  majority  of  the  electors  voting  at  such  election  on 
the  proposition  for  a  convention  shall  vote  in  favor  thereof,  the  legislature  .shall, 
at  its  next  session,  provide  by  law  for  calling  the  same.  The  convention  shall 
consist  of  a  number  of  delegates  not  to  exceed  that  of  both  branches  of  the  legis- 
lature, who  shall  be  chosen  in  the  same  manner,  and  have  the  same  qualifications, 
as  members  of  the  legislature.  The  delegates  so  elected  shall  meet  within  three 
months  after  their  election,  at  such  place  as  the  legislature  may  direct.  At  a 
special  election,  to  be  provided  for  by  law,  the  constitution  that  may  be  agreed 
upon  by  such  convention  shall  be  submitted  to  the  people  for  their  ratification 
or  rejection,  in  such  manner  as  the  convention  may  determine.  The  returns  of 
such  election  shall,  in  such  manner  as  the  convention  shall  direct,  be  certified  to 
the  executive  of  the  state,  who  shall  call  to  his  a.ssistance  the  controller,  treasurer, 
and  secretary  of  state,  and  compare  the  returns  .so  certified  to  him ;  and  it  shall 


CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879.  ciil 

be  the  duty  of  the  executive  to  declare,  by  his  proclamation,  such  constitution  as 
may  have  been  ratified  by  a  majority  of  all  the  votes  cast  at  such  special  election, 
to  be  the  constitution  of  the  state  of  California. 

Article  XIX. 

CHINESE. 

§  1.  The  legislature  shall  prescribe  all  necessary  regulations  for  the  protec- 
tion of  the  state,  and  the  counties,  cities,  and  towns  thereof,  from  the  burdens 
and  evils  arising  from  the  presence  of  aliens  who  are  or  may  become  vagrants, 
paupers,  mendicants,  criminals,  or  invalids  aftlicted  with  contagious  or  infectious 
diseases,  and  from  aliens  otherwise  dangerous  or  detrimental  to  the  well-being 
or  peace  of  the  state,  and  to  impose  conditions  upon  which  such  persons  may 
reside  in  the  state,  and  to  provide  the  means  and  mode  of  their  removal  from 
the  state,  upon  failure  or  refusal  to  comply  with  such  conditions ;  provided, 
that  nothing  contained  in  this  section  shall  be  construed  to  impair  or  limit  the 
power  of  the  legislature  to  pass  such  police  laws  or  other  regulations  as  it  may 
deem  necessary. 

§  2.  No  corporation  now  existing  or  hereafter  formed  under  the  laws  of 
this  state  shall,  after  the  adoption  of  this  constitution,  employ,  directly  or  indi- 
rectly, in  any  capacity,  any  Chinese  or  Mongolian.  The  legislature  shall  pass 
such  laws  as  may  be  necessary  to  enforce  this  provision. 

§  3.  No  Chinese  shall  be  employed  on  any  state,  county,  municipal,  or  other 
public  work,  except  in  punishment  for  crime. 

§  4.  The  presence  of  foreigners  ineligible  to  become  citizens  of  the  United 
States  is  declared  to  be  dangerous  to  the  well-being  of  the  state,  and  the  legis- 
lature shall  discourage  their  immigration  by  all  the  means  within  its  power. 
Asiatic  coolieism  is  a  form  of  human  slavery,  and  is  forever  prohibited  in  this 
state,  and  all  contracts  for  coolie  labor  shall  be  void.  All  companies  or  cor- 
porations, whether  foi-nied  in  this  country  or  any  foreign  country,  for  the  im- 
portation of  such  labor,  shall  be  subject  to  such  penalties  as  the  legislature  may 
prescribe.  The  legislature  shall  delegate  all  necessary  power  to  the  incorporated 
cities  and  towns  of  this  state  for  the  removal  of  Chinese  without  the  limits  of 
such  cities  and  towns,  or  for  their  location  within  prescribed  portions  of  those 
limits,  and  it  shall  also  provide  the  necessary  legislation  to  prohibit  the  intro- 
duction into  this  state  of  Chinese  after  the  adoption  of  this  constitution.  This 
section  shall  be  enforced  by  appropriate  legislation. 

Article  XX. 

MISCELLANEOUS   SUBJECTS. 

§  1.  The  city  of  Sacramento  is  hereby  declared  to  be  the  seat  of  government 
of  this  state,  and  shall  so  remain  until  changed  by  law ;  but  no  law  changing 
the  seat  of  government  shall  be  valid  or  binding  unless  the  same  be  approved 
and  ratified  by  a  majority  of  the  qualified  electors  of  the  state  voting  therefor 
at  a  general  state  election,  under  such  regulations  and  provisions  as  the  legis- 
lature, by  a  two-thirds  vote  of  each  house,  may  provide,  submitting  the  question 
of  change  to  the  people. 

§  2.  Any  citizen  of  this  state  who  shall,  after  the  adoption  of  this  constitution, 
fight  a  duel  with  deadly  weapons,  or  send  or  accept  a  challenge  to  fight  a  duel 
with  deadly  weapons,  either  within  this  .state  or  out  of  it,  or  who  shall  act  as 


dv  CONSTITUTIOIV    OF    THE     STATE     OP    CALIFORNIA — 1879. 

second,  or  knowingly  aid  or  assist  in  any  manner  those  thus  offending,  shall  not 
be  allowed  to  hold  any  office  of  profit,  or  to  enjoy  the  right  of  suffrage  under 
this  constitution. 

§  3.  Members  of  the  legislature,  and  all  officers,  executive  and  judicial,  except 
such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  they  enter  upon 
the  duties  of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation : 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support  the 
constitution  of  the  United  States  and  the  constitution  of  the  state  of  Cali- 
fornia, and  that  I  will  faithfully  discharge  the  duties  of  the  office  of  

according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  qualification  for 
any  office  or  public  trust. 

§  4.  All  officers  or  commissioners  whose  election  or  appointment  is  not  pro- 
vided for  by  this  constitution,  and  all  officers  or  commissioners  whose  offices  or 
duties  may  hereafter  be  created  by  law,  shall  be  elected  by  the  people,  or  ap- 
pointed, as  the  legislature  may  direct. 

§  5.     The  fiscal  year  shall  commence  on  the  first  day  of  July. 

§  6.  Suits  may  be  brought  against  the  state  in  such  manner  and  in  such  courts 
as  shall  be  directed  by  law. 

§  7.  No  contract  of  marriage,  if  otherwise  duly  made,  shall  be  invalidated  for 
want  of  conformity  to  the  requirements  of  any  religious  sect. 

§  8.  All  property,  real  and  personal,  owned  by  either  husband  or  wife,  before 
marriage,  and  that  acquired  by  either  of  them  afterwards  by  gift,  devise,  or 
descent,  shall  be  their  separate  property. 

§  9.     No  perpetuities  shall  be  allowed  except  for  eleemosynary  purposes. 

§  10.  Every  person  shall  be  disqualified  from  holding  any  office  of  profit  in 
this  state  who  shall  have  been  convicted  of  having  given  or  offered  a  bribe  to 
procure  his  election  or  appointment. 

§  11.  Laws  shall  be  made  to  exclude  from  office,  serving  on  juries,  and  from 
the  right  of  suffrage,  persons  convicted  of  bribery,  perjury,  forgeiy,  malfeasance 
in  office,  or  other  high  crimes.  The  privilege  of  free  suftVage  shall  be  supported 
by  laws  regulating  elections,  and  prohibiting,  under  adequate  penalties,  all  undue 
influence  thereon  from  power,  bribery,  tumult,  or  other  improper  practice. 

§  12.  Absence  from  this  state,  on  business  of  the  state  or  of  the  United 
States,  shall  not  affect  the  question  of  residence  of  any  person. 

§  13.  A  plurality  of  the  votes  given  at  any  election  shall  constitute  a  choice, 
where  not  otherwise  directed  in  this  con.stitution. 

§  14.  The  legislature  shall  provide,  by  law,  for  the  maintenance  and  efficiency 
of  a  state  board  of  health. 

§  15.  ^Mechanics,  materialmen,  artisans,  and  laborers  of  every  class  shall  have 
a  lien  upon  the  property  upon  which  they  have  bestowed  labor  or  furnished 
material,  for  the  value  of  such  labor  done  and  material  furnished ;  and  the 
legislature  shall  provide,  by  law,  for  the  speedy  and  efficient  enforcement  of 
such  liens. 

§  Ifi.     When  the  term  of  any  officer  or  commissioner  is  not  provided  for  in 


CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879.  cv 

this  constitution,  the  term  of  such  officer  or  commissioner  may  be  declared  by- 
law; and  if  not  so  declared,  such  officer  or  commissioner  shall  hold  his  position 
as  such  officer  or  commissioner  during  the  pleasure  of  the  authority  making 
the  appointment ;  but  in  no  case  shall  such  term  exceed  four  years. 

§  17.  The  time  of  service  of  all  laborers,  or  workmen  or  mechanics  employed 
upon  any  public  works  of  the  state  of  California,  or  of  any  county,  city  and 
county,  city,  town,  district,  township,  or  any  other  political  subdivision  thereof, 
whether  said  work  is  done  by  contract  or  otherwise,  shall  be  limited  and  restricted 
to  eight  hours  in  any  one  calendar  day,  except  in  cases  of  extra  ordinary  emer- 
gency caused  by  fire,  flood,  or  danger  to  life  and  property,  or  except  to  work 
upon  public,  military,  or  naval  works  or  defenses  in  time  of  war,  and  the  legis- 
lature shall  provide  by  law  that  a  stipulation  to  this  effect  shall  be  incorporated 
in  all  contracts  for  public  work  and  prescribe  proper  penalties  for  the  speedy 
and  efficient  enforcement  of  said  law.     [Amendment  adopted  November  4,  1902.] 

§  18.  No  person  shall,  on  account  of  sex,  be  disqualified  from  entering  upon 
or  pursuing  any  lawful  business,  vocation,  or  profession. 

§  19.  Nothing  in  this  constitution  shall  prevent  the  legislature  from  pro- 
viding, by  law,  for  the  payment  of  the  expenses  of  the  convention  framing  this 
constitution,  including  the  per  diem  of  the  delegates  for  the  full  term  thereof. 

§  20.  Elections  of  the  officers  provided  for  by  this  constitution,  except  at  the 
election  in  the  year  eighteen  hundred  and  seventy-nine,  shall  be  held  on  the 
even-numbered  years  next  before  the  expiration  of  their  respective  terms.  The 
terms  of  such  officers  shall  commence  on  the  first  Monday  after  the  first  day 
of  January  next  following  their  election. 

Akticle  XXI. 

/  BOUNDARY. 

§  1.  The  boundary  of  the  state  of  California  shall  be  as  follows :  Commencing 
at  the  point  of  intersection  of  the  forty-second  degree  of  north  latitude  with  the 
one  hundred  and  twentieth  degree  of  longitude  west  from  Greenwich,  and  run- 
ning south  on  the  line  of  said  one  hundred  and  twentieth  degree  of  west  longitude 
until  it  intersects  the  thirty-ninth  degree  of  north  latitude;  thence  running  in 
a  straight  line,  in  a  southeasterly  direction,  to  the  River  Colorado,  at  a  point 
where  it  intersects  the  thirty-fifth  degree  of  north  latitude;  thence  down  the 
middle  of  the  channel  of  said  river  to  the  boundary  line  between  the  United 
States  and  Mexico,  as  established  by  the  treaty  of  May  thirtieth,  one  thousand 
eight  hundred  and  forty-eight;  thence  running  west  and  along  said  boundary 
line  to  the  Pacific  Ocean,  and  extending  therein  three  English  miles;  thence 
running  in  a  northwesterly  direction  and  following  the  direction  of  the  Pacific 
coast  to  the  forty -second  degree  of  north  latitude ;  thence  on  the  line  of  said 
forty-second  degree  of  north  latitude  to  the  place  of  beginning.  Also,  including 
all  the  islands,  harbors,  and  bays  along  and  adjacent  to  the  coast. 

Article  XXII. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments  to  the 
constitution  of  this  state,  and  to  carry  the  same  into  complete  effect,  it  is  hereby 
ordained  and  declared : 


cvl  CONSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879. 

§  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution,  not  inconsis- 
tent therewith,  shall  remain  in  full  force  and  effect  until  altered  or  repealed  by 
the  legislature;  and  all  rights,  actions,  prosecutions,  claims,  and  contracts  of 
the  state,  counties,  individuals,  or  bodies  corporate,  not  inconsistent  therewith, 
shall  continue  to  be  as  valid  as  if  this  constitution  had  not  been  adopted.  The 
provisions  of  all  laws  which  are  inconsistent  with  this  constitution  shall  cease 
upon  the  adoption  thereof,  except  that  all  laws  which  are  inconsistent  with  such 
provisions  of  this  constitution  as  require  legislation  to  enforce  them  shall  remain 
in  full  force  until  the  first  day  of  July,  eighteen  hundred  and  eighty,  unless 
sooner  altered  or  repealed  by  the  legislature. 

§  2.  That  all  recognizances,  obligations,  and  all  other  instruments  entered 
into  or  executed  before  the  adoption  of  this  constitution,  to  this  state,  or  to  any 
subdivision  thereof,  or  any  municipality  therein,  and  all  tines,  taxes,  penalties, 
and  forfeitures  due  or  owing  to  this  state,  or  any  subdivision  or  municipality 
thereof,  and  all  writs,  prosecutions,  actions,  and  causes  of  action,  except  as 
herein  otherw^ise  provided,  shall  continue  and  remain  unaffected  by  the  adoption 
of  this  constitution.  All  indictments  or  informations  which  shall  have  been 
found,  or  may  hereafter  be  found,  for  any  crime  or  offense  committed  before 
this  constitution  takes  effect,  may  be  proceeded  upon  as  if  no  change  had  taken 
place,  except  as  otherwise  provided  in  this  constitution. 

§3.  All  courts  now  existing,  save  justices'  and  police  courts,  are  hereby 
abolished;  and  all  records,  books,  papei-s,  and  proceedings  from  such  courts, 
as  are  abolished  by  this  constitution,  shall  be  transferred,  on  the  first  day  of 
January,  eighteen  hundred  and  eighty,  to  the  courts  ]>rovided  for  in  this  eoiLsti- 
tution;  and  the  courts  to  which  the  same  are  thus  transferred  shall  have  the  same 
power  and  juri.sdiction  over  them  as  if  they  had  been  in  the  first  instance  com- 
menced, filed,  or  lodged  therein. 

§4.  The  superintendent  of  printing  of  the  state  of  California  shall,  at  least 
thirty  days  before  the  first  Wednesday  in  INIay,  anno  Domini  eighteen  hundred 
and  seventy-nine,  cause  to  be  printed  at  the  state  printing  office,  in  pamphlet 
form,  simply  stitched,  as  many  copies  of  this  constitution  as  there  are  regis- 
tered voters  in  this  state,  and  mail  one  copy  thereof  to  the  post-office  address  of 
each  registered  voter;  provided,  any  copies  not  called  for  ten  days  after  reaching 
their  delivery  office,  shall  be  subject  to  general  distribution  by  the  several  post- 
masters of  the  state.  The  governor  shall  issue  his  proclamation,  giving  notice 
of  the  election  for  the  adoption  or  rejection  of  this  constitution,  at  least  thirty 
days  before  the  said  first  Wednesday  of  May,  eighteen  hundred  and  seventy- 
nine,  and  the  boards  of  supervisors  of  the  several  counties  shall  cause  said 
proclamation  to  be  made  public  in  their  respective  counties,  and  general  notice 
of  said  election  to  be  given  at  least  fifteen  days  next  before  said  election. 

§  5.  The  superintendent  of  printing  of  the  state  of  California  shall,  at  least 
twenty  days  before  said  election,  cause  to  be  printed  and  delivered  to  the  clerk 
of  each  county  in  this  state  five  times  the  number  of  properly  prepared  ballots 
for  said  election  that  there  are  voters  in  said  respective  counties,  with  the  words 
printed  thereon:  "For  the  New  Constitution."  He  shall  likewise  cause  to  be 
so  printed  and  delivered  to  said  clerks  five  times  the  number  of  properly  prepared 
ballots  for  said  election  that  there  are  voters  in  said  respective  counties,  with  the 


COIVSTITUTION     OF    THE     STATE     OF     CALIFORNIA — 1879.  evii 

words  printed  thereon:  "Against  the  New  Constitution."  The  secretary  of 
state  is  hereby  authorized  and  required  to  furnish  the  superintendent  of  state 
printing  a  sufficient  quantity  of  legal  ballot  paper,  now  on  hand,  to  carry  out 
the  provisions  of  this  section. 

§  6.  The  clerks  of  the  several  counties  in  the  state  shall,  at  least  five  days 
before  said  election,  cause  to  be  delivered  to  the  inspectors  of  election,  at  each 
election  precinct  or  polling-place  in  their  respective  counties,  suitable  registers, 
poll-books,  forms  of  return,  and  an  equal  number  of  the  aforesaid  ballots,  which 
number,  in  the  aggregate,  must  be  ten  times  greater  than  the  number  of  voters 
in  the  said  election  precincts  or  polling-places.  The  returns  of  the  number  of 
votes  cast  at  the  presidential  election  in  the  year  eighteen  hundred  and  seventy- 
six  shall  serve  as  a  basis  of  calculation  for  this  and  the  preceding  section ;  pro- 
vided, that  the  duties  in  this  and  the  preceding  section  imposed  upon  the  clerks 
of  the  respective  counties  shall,  in  the  city  and  county  of  San  Francisco,  be 
performed  by  the  registrar  of  voters  for  said  city  and  county. 

§  7.  Every  citizen  of  the  United  States,  entitled  by  law  to  vote  for  members 
of  the  assembly  in  this  state,  shall  be  entitled  to  vote  for  the  adoption  or  rejection 
of  this  constitution. 

§  8.  The  officers  of  the  several  counties  of  this  state,  whose  duty  it  is,  under 
the  law,  to  receive  and  canvass  the  returns  from  the  several  precincts  of  their 
respective  counties,  as  well  as  of  the  city  and  county  of  San  Francisco,  shall 
meet  at  the  usual  places  of  meeting  for  sueh  purposes  on  the  first  Monday  after 
said  election.  If,  at  the  time  of  meeting,  the  returns  from  each  precinct  in  the 
county  in  which  the  polls  were  opened  have  been  received,  the  board  must  then 
and  there  proceed  to  canva.ss  the  returns;  but  if  all  the  returns  have  not  been 
received,  the  canvass  must  be  postponed  from  time  to  time  until  all  the  returns 
are  received,  or  until  the  second  Monday  after  said  election,  when  they  shall 
proceed  to  make  out  returns  of  the  votes  cast  for  and  against  the  new  constitu- 
tion;  and  the  proceedings  of  said  board  shall  be  the  same  as  those  prescribed 
for  like  boards  in  the  case  of  an  election  for  governor.  Upon  the  completion  of 
said  canvass  and  returns,  the  said  board  shall  immediately  certify  the  same,  in 
the  usual  form,  to  the  governor  of  the  state  of  California. 

§  9.  The  governor  of  the  state  of  California  shall,  as  soon  as  the  returns  of 
said  election  shall  be  received  by  him,  or  within  thirty  days  after  said  election, 
in  the  presence  and  with  the  assistance  of  the  controller,  treasurer,  and  secretary 
of  state,  open  and  compute  all  the  returns  received  of  votes  cast  for  and  against 
the  new  constitution.  If,  by  such  examination  and  computation,  it  is  ascertained 
that  a  majority  of  the  whole  number  of  votes  cast  at  such  election  is  in  favor  of 
such  new  constitution,  the  executive  of  this  state  shall,  by  his  proclamation, 
declare  such  new  constitution  to  be  the  constitution  of  the  state  of  California, 
and  that  it  shall  take  effect  and  be  in  force  on  the  days  hereinafter  specified. 

§  10.  In  order  that  future  elections  in  this  state  shall  conform  to  the  require- 
ments of  this  constitution,  the  terms  of  all  officers  elected  at  the  first  election 
under  the  same  shall  be,  respectively,  one  year  shorter  than  the  terms  as  fixed 
by  law  or  by  this  con.stitution ;  and  the  successors  of  all  such  officers  shall  be 
elected  at  the  last  election  before  the  expiration  of  the  terms  as  in  this  section 
provided.     The  first  officers  chosen  after  the  adoption  of  this  constitution  shall 


CONSTITUTION     OF    THE     STATE     OF    CALIFORNIA — 1879. 


be  elected  at  the  time  and  in  the  manner  now  provided  by  law.  Judicial  officers 
and  the  superintendent  of  public  instruction  shall  be  elected  at  the  time  and  in 
the  manner  that  state  officers  are  elected. 

§  11.  All  laws  relative  to  the  present  judicial  system  of  the  state  shall  be 
applicable  to  the  judicial  system  created  by  this  constitution  until  changed  by 
legislation. 

§  12.  This  constitution  shall  take  effect  and  be  in  force  on  and  after  the 
fourth  day  of  July,  eighteen  hundred  and  seventy-nine,  at  twelve  o'clock  meridi- 
an, so  far  as  the  same  relates  to  the  election  of  all  officers,  the  commencement  of 
their  terms  of  office,  and  the  meeting  of  the  legislature.  In  all  other  respects, 
and  for  all  other  purposes,  this  constitution  shall  take  effect  on  the  first  day  of 
January,  eighteen  hundred  and  eighty,  at  twelve  o'clock  meridian. 

J.  P.  HOGE,  President. 

Attest:    EDWIN  F.  SMITH,  Secretary. 


A.  R.  ANDREWS, 
JAMES  J.  AYERS, 
CLITUS    BARBOUR, 
EDWARD    BARRY. 
JAMES   N.    BARTON, 
C.    J.    BEERSTECHER, 
ISAAC    S.    BELCHER. 
PETER   BELL. 
MARION    BIGGS. 

E.    T.    BLACKMER. 
JOSEPH  C.   BROWN, 
SAM'L  B.   BURT. 
JOSIAH  BOUCHER, 
JAMES  CABLES. 
AUG.    H.    CHAPMAN, 
J.   M.   CHARLES, 
JOHN  D.   CONDON. 
C.   W.   CROSS. 
HAMLET   DAVIS. 
JAS.    E.    DEAN. 
P.    T.    DOWIvING. 
LUKE  D.   DOYLE. 
W.    L.    DUDLEY. 
JONATHAN  M.   DUDLEY. 
PRESLEY    DUNLAP, 
JOHN  EAGON. 
THOMAS  H.   ESTEY. 
HENRY    EDGERTON. 
M.  M.   ESTEE. 
EDWARD  EVEY, 
J.   A.    PILCHER. 
SIMON   J.    FARRELL. 
ABRAHAM  C.   FREEMAN, 
JACOB    R.    FREUD. 
J.    B.    GARVEY. 

B.  B.   GLASCOCK. 
JOSEPH    C.    GORMAN. 
W.    P.    GRACE. 
WILLIAM    J.    GRAVES, 
V.   A.    GREGG. 

JNO.    S.   HAGER. 
JOHN  B.  HALL. 
THOMAS    HARRISON. 
JOEL    A.    HARVEY. 
T.   D.    HETSKELL. 
CONRAD  TTT7;rot.D, 


D.    W.    IlERRIXGTON. 
S.   G.   HILBORN. 
J.   R.    W.   HITCHCOCK, 
J.    E.    HALE, 
VOLNEY    E.    HOWARD, 
SAM.  A.   HOLMES, 
W.   J.   HOWARD. 
WM.    P.    HUGHEY. 
W.    F.    HUESTIS. 
G.    W^    HUNTER. 
DANIEL   INMAN. 
GEORGE    A.    JOHNSON, 
L.   F.   JONES. 
PETER  J.  JOYCE. 
I.    M.   KELLY. 
JAMES  H.   KEYES. 
JOHN   J.    KENNEY. 
C.   R.   KLEINE. 
T.    H.    LAINE. 
HENRY    LARKIN. 
R.    M.    LAMPSON. 
R.    LAVIGNE. 
H.    M.    LA   RI^R, 
DAVID  LEWIS. 
J.    F.    LINDOW. 
.INO.    MANSFIELD. 
EDWARD    MARTIN. 
J.    WEST    MARTIN. 
RUSH  McCOMAS. 
JOHN    G.    McCALLUM. 
THOMAS  McCONNELL. 
JOHN    McCOY. 
THOS.    R.   JToFARLAND, 
HIRAM   MILLS. 

w:\r.  .<!.  isroFFATT. 

JOHN    F.    McNTJTT. 
W.    W.    MORELAND, 
I>.   D.   MORSE. 
JAMES  E.   MtTRPHY. 
EDMinSTD    NASON, 
THORWAT.D  K.   NELSON. 
HENRY   NETTNABER. 
CHAS.    C.    O'DONNELL. 
GEORGE  OHLEYER. 
JAMES    O'SUT.LTVAN. 
JAMES  M.    PORTER. 


WILLIAM    H.    PROUTY, 
M.    R.    C.    PULLIAM, 
CHAS.    P.    REED, 
PATRICK    REDDY. 
JOHN   M.    RHODES. 
JAS.    S.    REYNOLDS. 
HORACE   C.    ROLFE. 
CHAS.    S.    RING  OLD, 
JAMES   McM.   SHAFTER. 
GEO.    W.    .SCHELL. 
J.    SCHOMP. 
RTFl'S    SHOEMAKER, 
E.    O.    SMITH. 
BENJ.    SITURTLEFF. 
GEO.   VENABLE   SMITH, 
H.    W.    SAHTH, 
JOHN   C.    STEDMAN, 

E.  P.   .'^OITI.E, 

D.   C.   STEVENSON, 
GEO.    STEELE. 
CHAS.    V.    STUART. 
W.    J.    SWEASEY. 
CHARLES   SWENSON. 
R.    S.    SWING. 
D.   S.   TERRY. 
S.    B.    THOMPSON, 

F.  O.   TOWNSEND, 
W.    J.    TIXNIN. 
DANIEL   TUTTLE. 
P.    B.    TULLY. 

H.    K.    TURNER. 
A.    P.   VACQT'EREL. 
WALTER    VAN    DYKE, 
WM.    VAN    VOORHTES. 
HT^GH    WALKER. 
JOHN    WALKER. 
BYRON   WATERS. 
JOSEPH   R.    WELLER. 
J.    V.    WEBSTER, 
JOHN   P.    WEST. 
PATRICK   INT.    WELLIN. 
JOHN   T.   WTCKES. 
WM.    F.    WHITE. 
H.   C.   WTLSON. 
JOS.   W.   WINANS. 
N.    G.    WHTATT. 


NATURALIZATION   LAWS. 


NATURALIZATION    LAWS. 

(Uuited  States  Revised  Statutes,  §§2165-2174.) 

§  2165.  An  alien  may  be  admitted  to  become  a  citizen  of  the  United  States 
in  the  following  manner,  and  not  otherwise: 

First.  He  shall  declare  on  oath,  before  a  circuit  or  district  court  of  the 
United  States,  or  a  district  or  supreme  court  of  the  territories,  or  a  court  of 
record  of  any  of  the  states  having  common-law  jurisdiction,  and  a  seal  and  clerk, 
two  years,  at  least,  prior  to  his  admission,  that  it  is  bona  fide  his  intention  to 
become  a  citizen  of  the  United  States,  and  to  renounce  forever  all  allegiance  and 
fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and,  particularly, 
'oy  name,  to  the  prince,  potentate,  state,  or  sovereignty  of  which  the  alien  may 
be  at  the  time  a  citizen  or  subject. 

Second.  He  shall,  at  the  time  of  his  application  to  be  admitted,  declare,  on 
oath,  before  some  one  of  the  courts  above  specified,  that  he  Avill  support  the 
constitution  of  the  United  States,  and  that  he  absolutely  and  entirely  renounces 
and  abjures  all  allegiance  and  fidelity  to  every  foreign  prince,  potentate,  state, 
or  sovereignty;  and,  particularly,  by  name,  to  the  prince,  potentate,  state,  or 
sovereignty  of  which  he  was  before  a  citizen  or  subject;  which  proceedings 
shall  be  recorded  by  the  clerk  of  the  court. 

Third.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  court  admitting 
such  alien  that  he  has  resided  within  the  United  States  five  years  at  least,  and 
within  the  state  or  territory  w'here  such  court  is  at  the  time  held,  one  year  at 
least ;  and  that  during  that  time  he  has  behaved  as  a  man  of  a  good  moral  char- 
acter, attached  to  the  principles  of  the  constitution  of  the  United  States,  and 
well  disposed  to  the  good  order  and  happiness  of  the  same ;  but  the  oath  of  the 
applicant  shall  in  no  case  be  allowed  to  prove  his  residence. 

Fourth.  In  case  the  alien  applying  to  be  admitted  to  citizenship  has  borne 
any  hereditary  title,  or  been  of  any  of  the  orders  of  nobility  in  the  kingdom  or 
state  from  which  he  came,  he  shall,  in  addition  to  the  above  requisites,  make 
an  express  renunciation  of  his  title  or  order  of  nobility  in  the  court  to  which 
his  application  is  made,  and  his  renunciation  shall  be  recorded  in  the  court. 

Fifth.  Any  alien  w^ho  was  residing  wdthin  the  limits  and  under  the  jurisdic- 
tion of  the  United  States  before  the  twenty-ninth  day  of  January,  one  thousand 
seven  hundred  and  ninety-five,  may  be  admitted  to  become  a  citizen,  on  due 
proof  made  to  some  one  of  the  courts  above  specified,  that  he  has  resided  two 
years,  at  least,  within  the  jurisdiction  of  the  United  States,  and  one  year,  at 
least,  immediately  preceding  his  application,  within  the  state  or  territory  where 
such  court  is  at  the  time  held;  and  on  his  declaring  on  oath  that  he  will  support 
the  constitution  of  the  United  States,  and  that  he  absolutely  entirely  renounces 
and  abjures  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state,  or 
sovereignty,  and,  particularly,  by  name,  to  the  prince,  potentate,  state,  or 
sovereignty  w^hereof  he  w^as  before  a  citizen  or  subject;  and,  also,  on  its  appear- 
ing to  the  satisfaction  of  the  court,  that  during  such  term  of  tw^o  years  he  has 
behaved  as  a  man  of  good  moral  character,  attached  to  the  constitution  of  the 
United  States,  and  well  disposed  to  the  good  order  and  happiness  of  the  same; 
and  where  the  alien,  applying  for  admission  to  citizenship,  has  borne  any  heredi- 


NATURALIZATION    LAWS. 


tary  title  or  been  of  any  of  the  orders  of  nobility  in  the  kingdom  or  state  from 
which  he  came,  on  his,  moreover,  making  in  the  court  an  express  renunciation 
of  his  title  or  order  of  nobility.  All  of  the  proceedings  required  in  this  condi- 
tion to  be  performed  in  the  court,  shall  be  recorded  by  the  clerk  thereof. 

iSixth.  Any  alien  who  was  residing  within  the  limits  and  under  the  jurisdic- 
tion of  the  United  States,  between  the  eighteenth  day  of  June,  one  thousand 
seven  hundred  and  ninety-eight,  and  the  eighteenth  day  of  June,  one  thousand 
eight  hundred  and  twelve,  and  who  has  continued  to  reside  within  the  same, 
may  be  admitted  to  become  a  citizen  of  the  United  States  without  having  made 
any  previous  declaration  of  his  intention  to  become  such;  but  whenever  any 
person,  without  a  certiticate  of  such  declaration  of  intention,  makes  application 
to  be  admitted  a  citizen,  it  must  be  proved  to  the  satisfaction  of  the  court,  that 
the  applicant  was  residing  within  the  limits  and  jurisdiction  of  the  United 
States  before  the  eighteenth  day  of  June,  one  thousand  eight  hundred  and 
twelve,  and  has  continued  to  reside  within  the  same ;  and  the  residence  of  the 
applicant  within  the  limits  and  under  the  jurisdiction  of  the  United  States,  for 
at  least  live  years  immediately  preceding  the  time  of  such  application,  must  be 
proved  b}'  the  oath  of  citizens  of  the  United  States,  which  citizens  shall  be 
named  in  the  record  as  witnesses;  and  such  continued  residence  within  the 
limits  and  under  the  jurisdiction  of  the  United  States,  when  satisfactorily 
proved,  and  the  place  wliere  the  applicant  has  resided  for  at  least  five  years, 
shall  be  stated  and  set  forth,  together  with  the  names  of  such  citizen;  in  the 
record  of  the  court  admitting  the  applicant;  otherwise  the  same  shall  not  entitle 
him  to  be  considered  and  deemed  a  citizen  of  the  United  States.  [Be  it  enacted 
by  the  senate  and  house  of  representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  the  declaration  of  intention  to  lu'come  a  citizen  of 
the  United  States,  required  by  section  two  thousand  one  hundred  and  sixty-five 
of  the  Revised  Statutes  of  the  United  States,  may  be  made  by  an  alien  before 
the  clerk  of  any  of  the  courts  named  in  section  two  thousand  one  hundred  and 
sixty-five ;  and  all  such  declarations  lieretofore  made  before  any  such  clerk  are 
hereby  declared  as  legal  and  valid  as  if  made  before  one  of  the  courts  named 
in  said  section.] 

§  2166.  Any  alien,  of  the  age  of  twenty-onv  years  and  upward,  who  has  en- 
listed, or  nuiy  enlist,  in  the  armies  of  the  Ignited  States,  either  the  regular  or 
the  volunteer  forces,  and  lias  been,  or  may  Itc  hereaftei-.  honorably  discharged, 
shall  be  admitted  to  become  a  citizen  of  the  United  States,  upon  the  petition, 
without  any  previous  declaration  of  his  intention  to  become  such;  and  he  shall 
not  be  required  to  prove  more  than  one  year's  residence  within  the  United 
States  previous  to  his  application  to  become  such  citizen;  and  the  court  admit- 
tins:  such  alien  shall,  in  addition  to  such  proof  of  residence  and  good  moral 
character,  as  now  provided  by  law,  be  satisfied  by  competent  proof  of  such 
persons  having  been  honorably  discharged  from  the  service  of  the  United 
States. 

§  2167.  An  alien  being  under  the  age  of  twenty-one  years,  who  has  resided 
in  the  United  States  three  years  next  preceding  his  arriving  at  that  age.  and 
who  has  continued  to  reside  therein  to  the  time  he  may  make  application  to  be 
admitted  a  citizen  thereof,  may,  after  he  arrives  at  the  age  of  twenty-one  years, 
and  after  he  has  resided  five  years  within  the  United  States,  including  the 


NATURALIZATION    LAWS.  cxi 

three  years  of  his  minority,  be  admitted  a  citizen  of  the  United  States,  without 
having  made  the  declaration  required  in  the  first  condition  of  section  twenty- 
one  hundred  and  sixty-five ;  but  such  alien  shall  make  the  declaration  required 
therein  at  the  time  of  his  admission;  and  shall  further  declare,  on  oath,  and 
prove  to  the  satisfaction  of  the  court,  that,  for  two  years  next  preceding,  it  has 
been  his  bona  fide  intention  to  become  a  citizen  of  the  United  States ;  and  he 
shall  in  all  other  respects  comply  with  the  laws  in  regard  to  naturalization. 

§  2168.  When  any  alien,  who  has  complied  with  the  first  condition  specified 
in  section  twenty-one  hundred  and  sixty-five,  dies  before  he  is  actually  natural- 
ized, the  widoAv  and  children  of  such  alien  shall  be  considered  as  citizens  of 
the  United  States,  and  shall  be  entitled  to  all  rights  and  privileges  as  such, 
iiI)on  taking  the  oaths  proscribed  [prescribed]  by  law. 

§  2169.  The  provisions  of  this  title  shall  apply  to  aliens  [being  free  white 
persons,  and  to  aliens]  of  African  nativity  and  to  persons  of  African  descent. 

§  2170.  No  alien  shall  be  admitted  to  become  a  citizen,  who  has  not  for  the 
continued  term  of  five  years  next  preceding  his  admission  resided  in  the  United 
States. 

§  2171.  Xo  alien  who  is  a  native  citizen  or  subject  or  a  denizen  of  any  coun- 
try, state,  or  sovereignty  with  which  the  United  States  are  at  war,  at  the  time 
of  his  application,  shall  be  then  admitted  to  become  a  citizen  of  the  United 
States ;  but  persons  resident  within  the  United  States,  or  the  territories  thereof, 
on  the  eighteenth  day  of  June,  in  the  year  one  thousand  eight  hundred  and 
twelve,  who  had  ])efore  that  day  made  a  declaration,  according  to  law,  of  their 
intention  to  become  citizens  of  the  United  States,  or  who  were  at  that  day 
entitled  to  become  citizens  without  making  such  declaration,  may  be  admitted 
to  become  citizens  thereof,  notwithstanding  they  were  alien  enemies  at  the  time 
and  in  the  manner  prescribed  by  the  laws  heretofore  passed  on  that  subject; 
nor  shall  anything  herein  contained  be  taken  or  construed  to  interfere  with  or 
prevent  the  apprehension  and  removal,  agreeably  to  law,  of  any  alien  enemy  at 
any  time  previous  to  the  actual  naturalization  of  such  alien. 

§  2172.  The  children  of  persons  who  have  been  duly  naturalized  under  any 
law  of  the  United  States,  or  who,  previous  to  the  passing  of  any  law  on  that 
subject,  by  the  government  of  the  United  States,  may  have  become  citizens  of 
any  one  of  the  states,  under  the  laws  thereof,  being  under  the  age  of  twenty-one 
years  at  the  time  of  the  naturalization  of  their  parents,  shall  if  dwelling  in  the 
United  States,  be  considered  as  citizens  thereof;  and  the  children  of  persons 
who  now  are,  or  have  been,  citizens  of  the  United  States,  shall,  though  born 
out  of  the  limits  and  jurisdiction  of  the  United  States,  be  considered  as  citi- 
zens thereof;  but  no  person  heretofore  proscribed  [prescribed]  by  any  state, 
or  who  has  been  legally  convicted  of  having  joined  the  army  of  Great  Britain 
during  the  revolutionary  war,  shall  be  admitted  to  become  a  citizen  without 
the  consent  of  the  legislature  of  the  state  in  which  such  person  was  proscribed 
[prescribed]. 

§  2173.  The  police  courts  of  the  District  of  Columbia  shall  have  no  power 
to  naturalize  foreigners. 

§  2174.  Every  seaman,  being  a  foreigner,  who  declares  his  intention  of  be- 
coming a  citizen  of  the  United  States  in  any  competent  court,  and  shall  have 


cxii  NATURALIZATION     LAWS. 

served  three  years  on  board  of  a  merchant  vessel  of  the  United  States  subse- 
quent to  the  date  of  such  declaration,  may,  on  his  application  to  any  competent 
court,  and  the  production  of  his  certificate  of  discharge  and  good  conduct  dur- 
ing that  time,  together  with  the  certificate  of  his  declaration  of  intention  to 
become  a  citizen,  be  admitted  a  citizen  of  the  United  States ;  and  every  seaman, 
being  a  foreigner,  shall,  after  his  declaration  of  intention  to  become  a  citizen 
of  the  United  States,  and  after  he  shall  have  served  such  three  years,  be  deemed 
a  citizen  of  the  United  States  for  the  purpose  of  manning  and  serving  on  board 
any  merchant  vessel  of  the  United  States,  anything  to  the  contrary  in  any  act 
of  Congress  notwithstanding;  but  such  seaman  shall,  for  all  purposes  of  pro- 
tection as  an  American  citizen,  be  deemed  such,  after  the  filing  of  his  declara- 
tion of  intention  to  become  such  citizen. 

Citizenship  to  be  accorded  to  allottees  and  Indians  adopting  civilized  life. 

§  (j.  That  uj)on  the  completion  of  said  allotmenls  and  the  patenting  of  the 
lands  to  said  allottees,  eacli  and  every  member  of  the  respective  bands  or  tribes 
of  Indians  to  whom  allotments  have  been  made  shall  have  the  benetit  of  and  be 
subject  to  the  laws,  both  civil  and  criminal,  of  the  state  or  territory  in  which 
they  may  reside ;  and  no  territory  shall  pass  or  enforce  any  law  denying  any 
such  Indian  within  its  jurisdiction  the  equal  protection  of  the  law. 

And  every  Indian  born  within  the  territorial  limits  of  the  United  States  to 
whom  allotments  shall  have  been  made  under  the  provisions  of  this  act,  or 
under  any  law  or  treaty,  and  every  Indian  born  within  the  territorial  limits  of 
the  United  States  who  has  voluntarily  taken  up,  within  said  limits,  his  residence 
separate  and  apart  from  any  tribe  of  Indians  therein,  and  has  adopted  the 
habits  of  civilized  life,  is  hereby  declared  to  be  a  citizen  of  the  United  States, 
and  is  entitled  to  all  the  rights,  privileges,  and  immunities  of  such  citizens, 
whether  said  Indian  has  been  or  not,  by  birth  or  otherwise,  a  member  of  any 
tribe  of  Indians  within  the  territorial  limits  of  the  United  States  without  in 
any  manner  impairing  or  otherwise  affecting  the  right  of  any  such  Indian  to 
tribal  or  other  property.     [Act  February  8,  1887;  24  Stats,  at  L.  388.] 

Indian  women  marrying  white  men  become  citizens. 

§  2.  That  every  Indian  woman,  member  of  any  such  tribe  of  Indians,  who 
may  hereafter  be  married  to  any  citizen  of  the  United  States,  is  hereby  de- 
clared to  become  by  such  marriage  a  citizen  of  the  United  States,  with  all  the 
rights,  privileges,  and  immunities  of  any  such  citizen,  being  a  married  woman : 

Provided,  That  nothing  in  this  act  contained  shall  impair  or  in  any  way 
affect  the  right  or  title  of  such  married  woman  to  any  tribal  property  or  any 
interest  therein. 

§  3.  Tliat  whenever  the  marriage  of  any  white  man  with  any  Indian  woman, 
a  member  of  any  such  tribe  of  Indians,  is  required  or  offered  to  be  proved 
in  any  judicial  proceeding,  evidence  of  the  admission  of  such  fact  by  the  party 
against  whom  the  proceeding  is  had,  or  evidence  of  general  repute,  or  of  co- 
habitation as  married  persons,  or  any  other  circumstantial  or  presumptive  evi- 
dence from  Avhich  fact  may  be  inferre<l.  s;li;ill  be  competent.  [Act  August  9, 
1888:  25  Stats,  at  U.  392.] 


AUTHENTICATION     OF     PUBLIC     ACTS,     RECORDS,     ETC.  cxlU 

AUTHENTICATION  OF  PUBLIC  ACTS,  RECORDS,  AND  JUDICIAL  PRO- 
CEEDINGS,   AS   BETWEEN    THE    STATES. 

(United  States  Eevised  Statutes,  §§  905-907.) 

§  905.  The  acts  of  the  legislature  of  any  state  or  territory,  or  of  any  country 
subject  to  the  jurisdiction  of  the  United  States,  shall  be  authenticated  by  hav- 
ing the  seal  of  such  state,  territory,  or  country  affixed  thereto.  The  records 
and  judicial  proceedings  of  the  courts  of  any  state  or  territory,  or  of  any  such 
country,  shall  be  proved  or  admitted  in  any  other  court  within  the  United 
States,  by  the  attestation  of  the  clerk,  and  the  seal  of  the  court  annexed,  if 
there  be  a  seal,  together  with  a  certificate  of  the  judge,  chief  justice,  or  pre- 
siding magistrate,  that  the  said  attestation  is  in  due  form.  And  the  said 
records  and  judicial  proceedings,  so  authenticated,  shall  have  such  faith  and 
credit  given  to  them  in  every  court  within  the  United  States  as  they  have  by 
law  or  usage  in  the  courts  of  the  state  from  which  they  are  taken. 

§  906.  All  records  and  exemplifications  of  books,  which  may  be  kept  in  any 
public  office  of  any  state  or  territory,  or  of  any  country  subject  to  the  jurisdic- 
tion of  the  United  States,  not  appertaining  to  a  court,  shall  be  proved  or  ad- 
mitted in  any  court  or  office  in  any  other  state  or  territory,  or  in  any  such 
country,  by  the  attestation  of  the  keeper  of  the  said  records  or  books,  and  the 
seal  of  his  office  annexed,  if  there  be  a  seal,  together  with  a  certificate  of  the 
presiding  justice  of  the  court  of  the  county,  parish,  or  district  in  which  such 
office  may  be  kept,  or  of  the  governor,  or  secretary  of  state,  the  chancellor  or 
keeper  of  the  great  seal,  of  the  state  or  territory,  or  country,  that  the  said 
attestation  is  in  due  form,  and  by  the  proper  officers.  If  the  said  certificate 
is  given  by  the  presiding  justice  of  a  court,  it  shall  be  further  authenticated  by 
the  clerk  or  prothonotary  of  the  said  court,  who  shall  certify,  under  his  hand 
and  the  seal  of  his  office,  that  the  said  presiding  justice  is  duly  commissioned 
and  qualified;  or,  if  given  by  such  governor,  secretary,  chancellor,  or  keeper 
of  the  great  seal,  it  shall  be  under  the  great  seal  of  the  state,  territory,  or 
country  aforesaid  in  which  it  is  made.  And  the  said  records  and  exemplifica- 
tions, so  authenticated,  shall  have  such  faith  and  credit  given  to  them  in  every 
court  and  office  within  the  United  States  as  they  have  by  law  or  usage  in  the 
courts  or  office  of  the  state,  territory,  or  country,  as  aforesaid,  from  which  they 
are  taken. 

§  907.  It  shall  be  lawful  for  any  keeper  or  person  having  the  custody  of 
laws,  judgments,  orders,  decrees,  journals,  correspondence,  or  other  public  doc- 
uments of  any  foreign  government  or  its  agents,  relating  to  the  title  to  lands 
claimed  by  or  under  the  United  States,  on  the  application  of  the  head  of  one 
of  the  departments,  the  solicitor  of  the  treasury,  or  the  commissioner  of  the 
general  land  office,  to  authenticate  copies  thereof  under  his  hand  and  seal,  and 
to  certify  them  to  be  correct  and  true  copies  of  such  laws,  judgments,  orders, 
decrees,  journals,  correspondence,  or  other  public  documents,  respectively ;  and 
when  such  copies  are  certified  by  an  American  minister  or  counsel,  under  his 
hand  and  seal  of  office,  to  be  true  copies  of  the  originals,  they  shall  be  sealed 
up  by  him  and  returned  to  the  solicitor  of  the  treasury,  who  shall  file  them 
in  his  office,  and  cause  them  to  be  recorded  in  a  book  to  be  kept  for  that  pur- 
Gen.  Laws — viii 


cxlv  TABLE     OP    UNCONSTITUTIONAL,     STATUTES. 

pose.  A  copy  of  any  such  law,  judgment,  order,  decree,  journal,  correspond- 
ence, or  other  public  document,  so  filed,  or  of  the  same  so  recorded  in  said 
book,  may  be  read  in  evidence  in  any  court,  where  the  title  to  laud  claimed  by 
or  under  the  United  States  may  come  into  question,  equally  with  the  originals. 


TABLE   OF   UNCONSTITUTIONAL   STATUTES 

And  Statutes  held  repealed  or  otherwise  void  from  1872  to  1905 ;  Vol.  45  to  145 

Cal.,  4  to  80  Pac.  Rep. 

[List  prepared  from  notes  made  during  investigation  of  Statutes  from  1872 
to  1905,  made  for  use  in  compiling  the  General  Laws,  and  not  with  the  object  of 
making  an  exhaustive  table  of  such  decisions.] 

Stats.  1872,  p.  83.    San  Antonio  Creek  bridge.— Smith  vs.  Farrelly,  52  Cal.  77. 

p.  93.  Fees,  San  Francisco.  (Repealed  by  Fee  Bill,  1895.)— :Miller  vs.  Cur- 
ry, Wo  Cal.  644,  45  Pac.  Rep.  877.  The  act  considered  in  this  case  is  1866,  p.  66, 
but  same  reason  applies  to  1872,  p.  93.    See  93  Cal.  188. 

p.  244,  §  7.  Dismissal  of  appointive  officer.  Unconstitutional.  Const.  1849, 
§  7,  art.  XI,  Amendment  1865;  Const.  1879,  art.  XX,  §  16.— Smith  vs.  Brown, 
59  Cal.  672. 

p.  406.  Coroner  of  San  Francisco.  (Repealed  ])y  County  Government  Act 
and  Penal  Code.)— Kuhlman  vs.  Superior  Court,  122  Cal.  636,  638,  55  Pac. 
Rep.   589. 

p.  415,  §  7.  Santa  Clara  Street  and  Saratoga  Avenue.  Unconstitutional. — 
Williams  vs.  Corcoran,  46  Cal.  553,  555. 

p.  445.  Removal  of  officers  of  mining  corporations.  Unconstitutional. — 
Chollar  Min.  Co.  vs.  Wilson,  66  Cal.  374,  376,  377,  5  Pac.  Rep.  670.  See  con- 
curring opinions,  jMcKinstry  and  IMj-^rick,  JJ.,  p.  377.  See  Amendment  1876, 
p.  730. 

p.  595.  Stockton  Charter — Delegation  of  legislative  power.  Certain  pro- 
vision questioned  in  1872. — Pillsburj-  vs.  Brown,  47  Cal.  477,  480. 

p.  754,  ch.  DXI.  Taxation  of  migratory  herds.  Unconstitutional. — People 
vs.  Townsend,  56  Cal.  633. 

p.  804.  Street  Law,  San  Francisco.  (Repealed  by  Constitution  1879.) — Mc- 
Donald vs.  Patterson,  54  Cal.  245,  247;  Thomason  vs.  Ruggles,  69  Cal.  465,  11 
Pac.  Rep.  20. 

Stats.  1874,  pp.  50,  179.  Estray  Law,  jurisdiction  of — Justice's  court.  Un- 
constitutional, f Repealed  1897,  p.  198;  1901,  p.  603.)— Young  vs.  Wright,  52 
Cal.  407,  408;  Southerland  vs.  Sweem,  53  Cal.  48. 

p.  274.  Public  library,  Los  Angeles.  (Repealed  by  new  charter  of  1899.) — 
People  ex  rel.  Willis  vs.  Howard,  94  Cal.  73,  29  Pac.  Rep.  485. 

p.  376.  To  assess  migratory  stock.  Unconstitutional. — People  ex  rel.  Long 
vs.  Townsend,  56  Cal.  633,  635. 

p.  434.  Local  option.  Unconstitutional  and  repealed  1876,  p.  10. — Ex  parte 
Wall,  48  Cal.  279.  17  Am.  Rep.  425. 


TABLE     OF    UNCONSTITUTIONAL     STATUTES.  cxv 

p.  453.  Roads — Santa  Clara  County.  (Repealed  by  constitution.) — Weber 
vs.  Santa  Clara  County,  59  Cal.  265. 

p.  477,  §  9.  Assessment  tax,  San  Francisco.  Unconstitutional. — People  vs. 
Pittsburg  R.,  67  Cal.  625,  8  Pac.  Rep.  381. 

p.  487.  Validate  street  assessment,  San  Francisco.  Constitutionality  ques- 
tioned.—People  vs.  Kinsman,  51  Cal.  92,  93;  People  vs.  O'Neil,  51  Cal.  91. 

pp.  588,  589.  Validate  street  assessment,  San  Francisco.  Unconstitutional. 
— Reis  vs.  Graff,  51  Cal.  86;  Brady  vs.  King,  53  Cal.  44. 

p.  896.  Legalize  street  assessment,  Sacramento.  Unconstitutional. — People 
vs.  Lynch,  51  Cal.  15-19,  21  Am.  Rep.  677. 

p.  911.  Removal  for  misconduct  in  office,  (Repealed  by  §  184,  County  Gov- 
ernment Act;  and  constitution,  abolishing  district  court.) — Fraser  vs.  Alexan- 
der, 75  Cal.  147,  16  Pac.  Rep.  757. 

Stats.  1876,  p.  1.  School  text-books.  (Repealed  by  §  7,  art.  IX,  Const.  1879.) 
-rPeople  ex  rel.  Beckwith  vs.  Board  Education,  55  Cal.  331. 

p.  82.  Water  rates,  San  Francisco.  Unconstitutional. — Spring  Valley  W. 
W.  vs.  Bryant,  52  Cal.  132;  San  Francisco  vs.  Spring  Valley  W.  W.,  53  Cal. 
608,  611. 

p.  140.  Reclamation  District  No.  118,  assessment.  Unconstitutional. — Peo- 
ple vs.  Houston,  54  Cal.  536. 

p.  214.  Hoagland,  to  sue  Sacramento.  Unconstitutional. — Hoagland  vs. 
Sacramento,  52  Cal.  142. 

pp.  501-506.  Water  rates,  San  Francisco.  Unconstitutional. — Spring  Val- 
ley W.  W.  vs.  Bryant,  52  Cal.  132;  San  Francisco  vs.  Spring  Valley  W.  W., 
53  Cal.  608,  611. 

p.  753.  Montgomery  Avenue,  San  Francisco.  Impracticable. — Montgomery 
Avenue  Case,  54  Cal.  579. 

p.  797.  Taxation  of  migratory  cattle.  Unconstitutional. — People  vs.  Town- 
send,  56  Cal.  633.  But  see  Stats.  1872,  p.  574,  and  Rosasco  vs.  Tuolumne 
County,  143  Cal.  430,  432,  77  Pac.  Rep.  148. 

Stats.  1878,  p.  181.  Relief  of  George  Knox.  Unconstitutional. — Knox  vs. 
Los  Angeles  County,  58  Cal.  59. 

p.  204.  Salarj^  Calaveras  County.  Never  went  into  effect  because  of  Const. 
1879,  §  1,  art.  XXII,  also  certain  provisions  of. — Peaehey  vs.  Supervisors,  59 
Cal.  548.' 

p.  299.  Elections,  San  Francisco.  (Superseded,  Pol.  Code  §§  1127,  1129.)  — 
Fragley  vs.  Phelan,  126  Cal.  383,  58  Pac.  Rep.  923. 

p.  341.  jMontgomery  Avenue,  San  Francisco.  Unconstitutional. — Fanning 
vs.  Schammel,  68  Cal.  428,  9  Pac.  Rep.  427. 

p.  419.  Widening,  etc.,  Los  Angeles  Street.  Unconstitutional. — Schumacker 
vs.  Toberman,  56  Cal.  508,  510. 

p.  422.  San  Francisco — Saloon  license.  Unconstitutional. — Purdy  vs.  Sin- 
ton,  56  Cal.  133. 


cxvl  TABLE     OF     UNCONSTITUTIOXAL     STATUTES. 

p.  547.  Fees — County  officers,  Plumas.  Certain  portions  did  not  take  effect 
because  of  Const.  1879. — Whiting  vs.  Haggard  (on  authority  of  Peachey  vs. 
Board  Supervisors),  60  Cal.  513;  People  ex  rel.  Orr  vs.  "Whiting,  64  Cal.  67, 
28  Pac.  Rep.  445. 

p.  777.  Streets,  Santa  Barbara.  Unconstitutional.  —  Boorman  vs.  Santa 
Barbara,  65  Cal.  313,  315,  4  Pac.  Rep.  31. 

p.  865.  Fees  of  officers,  Monterey.  Certain  portions  did  not  take  effect 
because  of  Const.  1879.— Speegle  vs.  Joy,  60  Cal.  278. 

p.  879.  Police  insurance  fund,  San  Francisco.  (Repealed  by  implication.)  — 
Clarke  vs.  Police  &  H.  Ins.  Board,  123  Cal.  24,  55  Pac.  Rep.  576. 

p.  888.  Justice's  court,  Berkeley.  (Repealed  by  constitution  and  freehold- 
ers' charter  of  1895.)— Miner  vs.  Justice's  Court,  121  Cal.  264,  53  Pac.  Rep.  795. 

Stats.  1880,  p.  1.  Controller,  transfer  funds.  Chapter  II  never  became  a 
law.— Weill  vs.  Kenfield,  54  Cal.  111. 

p.  20.  Deputy  and  assistant  county  clerks.  Unconstitutional. — San  Fran- 
cisco vs.  Broderick,  125  Cal.  188,  191,  57  Pac.  Rep.  887. 

p.  39.  Licenses  to  aliens.  Unconstitutional. — In  re  Ah  Chong,  5  Cent.  L.  J. 
451 ;  People  vs.  Quong  On  Long,  6  Cent.  L.  J.  192.  See  Pol.  Code  §  3666,  as 
amended.  Stats,  and  Amdts.  1901,  p.  635. 

p.  55.  Protect  lands  other  than  swamp  from  overflow.  Unconstitutional 
as  to  certain  provisions. — Hutson  vs.  Protection  District,  79  Cal.  90-95,  16  Pac. 
Rep.  549,  21  Id.  435. 

p.  70,  §  17.  State  prisons,  compensation  to  directors.  Unconstitutional. — 
People  vs.  Chapman,  61  Cal.  262. 

p.  80.  Baking  bread — Sunday.  Unconstitutional. — Ex  parte  Westerfield, 
55  Cal.  550,  36  Am.  Rep.  47. 

p.  96,  §  47.  Insolvency  Act  of  1880.  Limited.— Ex  parte  Clarke,  103  Cal. 
352,  37  Pac.  Rep.  230. 

p.  123.  Fishing  rights  of  aliens.  Unconstitutional. — In  re  Ah  Chong,  5  Cent. 
L.  J.  451. 

p.  123.  Drainage.  Unconstitutional. — Doane  vs.  Weil,  58  Cal.  334;  People 
vs.  Parks,  58  Cal.  624;  Callahan  vs.  Dunn,  78  Cal.  366,  368,  20  Pac.  Rep.  737. 

pp.  124-130.  Promote  drainage  (debris).  Unconstitutional  because  of  art. 
XI,  Const.— People  vs.  Parks,  58  Cal.  624 ;  Doane  vs.  Weil,  58  Cal.  334. 

p.  131,  §  3.  Mining  corporations.  Unconstitutional. — Krause  vs.  Durbrow, 
127  Cal.  681,  685,  60  Pac.  Rep.  438.  Statute  is  otherwise  sustained  in  Lacy  vs. 
Gnnn,  144  Cal.  511,  514,  78  Pac.  Rep.  30. 

p.  136.  Pleading,  etc. — Actions  to  recover — Delinquent  taxes.  Superseded 
by  §  3607,  Pol.  Code.— San  Diego  vs.  Southern  Pac.  R.  Co.,  108  Cal.  46,  48,  40 
Pac.  Rep.  1052.  See  also  People  vs.  California  Pac.  R.  Co.,  83  Cal.  393-414.  23 
Pac.  Rep.  303. 

pp.  137-229.  ^klcClure  Charter.  Unconstitutional. — Desmond  vs.  Dunn,  55 
Cal.  242. 

p.  400.  Weekly  statements  of  mining  corporations.  Unconstitutional. — 
Miles  vs.  Woodward,  115  Cal.  308,  310,  46  Pac.  Rep.  1076. 


TABLE     OF    UNCONSTITUTIONAL     STATUTES.  cxvii 

Stats.  1881,  p.  15.  Drainage.  Unconstitutional. — Nickey  vs.  Stearns  Ranchos 
Co.,  126  Cal.  150,  58  Pac.  Rep.  459;  and  effect  of  Holley  vs.  Orange  County 
is  limited,  106  Cal.  420,  39  Pac.  Rep.  790. 

p.  51.  Viticultural  commissioners.  Unconstitutional  in  part. — Ex  parte 
Cox,  63  Cal.  21. 

p.  54,  ch.  LII.  Supervisors.  Unconstitutional  in  part.— Fitch  vs.  Board 
Supervisors,  122  Cal.  285,  54  Pac.  Rep.  901. 

p.  81,  §  17.  State  prisons,  compensation  to  directors.  Unconstitutional. — 
People  vs.  Chapman,  61  Cal.  262. 

Stats.  1883,  p.  26.  State  University— Hastings  College  of  Law.  Unconsti- 
tutional.—People  ex  rel.  Hastings  vs.  Kewen,  69  Cal.  215,  10  Pac.  Rep.  393. 

pp.  93-279.  Schools — Municipal  corporations.  It  is  said  that  whether  the 
provisions  of  Municipal  Corporations  Act  withdrawing  schools  from  the  gen- 
eral law  (Pol.  Code)  and  giving  management  thereof  to  the  city  government 
is  constitutional,  is  a  grave,  question,  but  not  decided. — Board  Education  vs. 
Board  Trustees,  129  Cal.  599,  606,  62  Pac.  Rep.  173. 

pp.  93-251.  Municipal  corporations  of  the  fifth  class — §  765  Municipal  Cor- 
poration Act.  Unconstitutional.  Judicial  notice  of  ordinances. — City  of  Tu- 
lare vs.  Hevren,  126  Cal.  226,  58  Pac.  Rep.  530. 

p.  370,  ch.  LXXXII.  ^Municipal  corporations  —  Refunding  indebtedness. 
See  Stats.  1893,  p.  57;  1895,  p.  203;  1897,  p.  75.— Los  Angeles  vs.  Teed,  112 
Cal.  319,  44  Pac.  Rep.  580. 

Stats.  1885,  p.  13,  ch.  XV.  License  tax,  foreign  corporations.  Unconstitu- 
tional.—San  Francisco  vs.  Liverpool  &  L.  G.  Ins.  Co.,  74  Cal.  113,  117,  5  Am. 
St.  Rep.  425,  15  Pac.  Rep.  380. 

p.  45.  Division  fences  beyond  line  of  owner.  As  to  fences  on  the  line,  pro- 
visions limited.— Western  G.  &  M.  Co.  vs.  Knickerbocker,  103  Cal.  Ill,  37  Pac. 
Rep.  192. 

p.  166.  County  Government  Act,  §§  162-169.  Unconstitutional.— Miller  vs. 
Kister,  68  Cal.  142,  145,  8  Pac.  Rep.  813 ;  People  ex  rel.  Daniels  vs.  Henshaw, 
76  Cal.  436,  445,  18  Pac.  Rep.  413. 

p.  205.  State  University — Hastings  College  of  the  Law.  Unconstitutional. 
—People  ex  rel.  Hastings  vs.  Kewen,  69  Cal.  215,  10  Pac.  Rep.  393. 

Stats.  1887,  p.  15,  ch.  XVIII.  License,  foreign  corporations.  Constitutional 
objection  raised  in  San  Francisco  vs.  Liverpool  L.  &  G.  Ins.  Co.,  to  act  of  1885, 
p.  13,  is  not  obviated.— 74  Cal.  113,  5  Am.  St.  Rep.  425,  15  Pac.  Rep.  380. 

p.  207,  §  211,  County  Government  Act.  Deputy  county  clerk.  Unconstitu- 
tional.—Dougherty  vs.  Austin,  94  Cal.  601,  28  Pac.  Rep.  834,  29  Id.  1092,  16 
L.  R.  A.  161. 

Stats.  1889,  p.  3.  Sanitation  of  workshops  and  factories,  as  amended  in  1901. 
Unconstitutional.  Delegation  of  legislative  powers. — Sehaezlein  vs.  Cabaniss, 
135  Cal.  466,  467,  87  Am.  St.  Rep.  122,  67  Pac.  Rep.  755,  56  L.  R.  A.  733. 

p.  148.  Police,  Sacramento.  Unconstitutional  as  to  extra  police. — Farrell 
vs.  Board  Trustees,  85  Cal.  408,  24  Pac.  Rep.  868. 


oxviii  TABLE     OF    UNCONSTITUTIONAL,     STATUTES. 

p.  212,  §  4.  New  trial — Irrigation.  Certain  clause  (§4)  unconstitutional. — 
CuUen  vs.  Glendora  W.  Co.,  113  Cal.  504,  39  Pac.  Rep.  769,  45  Id.  822,  1047. 

p.  283.  Subd.  15,  §  189,  County  Government  Act,  license  taxes.  Unconsti- 
tutional.—County  San  Luis  Obispo  vs.  Graves,  84  Cal.  71,  23  Pac.  Rep.  1032. 

p.  302.  San  Diego  Charter — Boundaries,  Coronado  Beach.  Unconstitu- 
tional.—People  ex  rel.  Miller  vs.  Common  Council,  85  Cal.  369,  372,  24  Pac. 
Rep.  727 ;  Fisher  vs.  Police  Court,  86  Cal.  158,  24  Pac.  Rep.  1000. 

p.  366.  Lands,  protection  of  other  than  swamp.  Unconstitutional. — Huston 
vs.  AYoodbridge  P.  Dist.,  79  Cal.  90-95,  16  Pac.  R«p.  549,  21  Id.  435. 

p.  455.  Los  Angeles  Charter — Police  court.  Resolution  I  unconstitutional 
in  mode  of  adoption.— People  vs.  Toal,  85  Cal.  333,  24  Pac.  Rep.  603. 

p.  455.  Arts.  XIV,  XV,  XVI,  Los  Angeles  City  Charter.  The  street  im- 
provement provisions  were  anulled  by  Vrooman  Act  of  1885,  as  amended  in 
1889,  1891,  and  1895.  (Repealed.)— Banaz  vs.  Smith,  133  Cal.  102,  65  Pac. 
Rep.  309. 

Stats.  1891,  p.  5.  Deputy  and  assistant  county  clerks.  Unconstitutional. — 
San  Francisco  vs.  Broderick,  125  Cal.  188,  191,  57  Pac.  Rep.  887. 

pp.  182,  183.  Estimate  of  tax,  high  school.  Unconstitutionality  of  certain 
provisions  suggested,  but  not  decided. — MeCabe  vs.  Carpenter,  102  Cal.  469, 
36  Pac.  Rep.  836;  Board  Education  vs.  Board  Trustees,  129  Cal.  599,  602,  62 
Pac.  Rep.  173. 

p.  185.  Chinese  immigration — Registration  of  Chinese.  Unconstitutional. — 
Ex  parte  Ah  Cue,  101  Cal.  197,  35  Pac.  Rep.  556. 

p.  195.  Wages  of  mechanics  and  laborers.  Unconstitutional. — Slocum  vs. 
Bear  Valley  Irr.  Co.,  122  Cal.  555,  556,  68  Am.  St.  Rep.  GS.  55  Pac.  Rep.  403; 
Keener  vs.  Eagle  Lake  L.  &  Irr.  Co.,  110  Cal.  627,  43  Pac.  Rep.  14;  Ackley  vs. 
Black  Hawk  G.  M.  Co.,  112  Cal.  42,  44  Pac.  Rep.  330.  Act  of  1897,  p.  231,  on 
same  subject,  is  held  unconstitutional.— Johnson  vs.  Goodyear  M.  Co.,  127  Cal. 
4,  78  Am.  St.  Rep.  17,  59  Pac.  Rep.  304,  47  L.  R.  A.  338. 

p.  223.  Sanitary  districts — Liquors.  Unconstitutional.  See  Stats.  1893, 
p.  88;  1895,  p.  85;  1901,  p.  633.— In  re  Werner,  129  Cal.  567,  62  Pac.  Rep.  97. 

p.  285.  Ramie  bounty.  Unconstitutional. — Murray  vs.  Colgan,  94  Cal.  435, 
29  Pac.  Rep.  871. 

p.  295.  County  government.  Portions  unconstitutional. — People  ex  rel. 
Atkinson  vs.  Johnson,  95  Cal.  471,  31  Pac.  Rep.  611:  Welsh  vs.  Bramlet,  98 
Cal.  219,  33  Pac.  Rep.  66 ;  Bloss  vs.  Lewis,  109  Cal.  493,  41  Pac.  Rep.  1081. 

p.  377.  Salaries  of  constables — Subd.  14,  §  183,  County  Government  Act. 
Unconstitutional. — People  ex  rel.  Atkinson  vs.  Johnson,  95  Cal.  471,  31  Pac. 
Rep.  611. 

p.  385.  Witness  fees — Subd.  16,  §  190.  County  Government  Act.  Unconsti- 
tutional.—Turner  vs.  County  Siskiyou,  109  Cal.  332,  334,  42  Pac.  Rep.  434. 

p.  397.  Clerks'  fees,  probate  cases — §  195,  County  Government  Act.  Uncon- 
stitutional.—Bloss  vs.  Lewis,  109  Cal.  493,  496,  41  Pac.  Rep.  1081. 

p.  435.     Cities  of  fifteen  thousand  to  eighteen  thousand  jiopnlntion. — Police 


TABLE     OF    UNCONSTITUTIONAL.     STATUTES.  cxix 

courts.  Unconstitutional. — Ex  parte  Giambonini,  117  Cal.  573,  574,  49  Pae. 
Rep.  732. 

p.  450.  Appropriations  Tia  Juana  flood  sufferers.  Unconstitutional. — Patty 
vs.  Colgan,  97  Cal.  251,  31  Pac.  Rep.  1133,  18  L.  R.  A.  744. 

p.  487.  Weights  and  measures.  Believed  to  be  unconstitutional. — Condict 
vs.  Police  Court,  59  Cal.  278.  See  U.  S.  Const.,  par.  5.  §  8,  art.  I ;  Cal.  Const. 
1879,  §  14,  art.  XI. 

p.  513.  Claim  of  A.  J.  Bourn.  Unconstitutional. — Bourn  vs.  Hart,  93  Cal. 
321,  27  Am.  St.  Rep.  203,  28  Pac.  Rep.  951,  15  L.  R.  A.  431. 

p.  513.  Claim  of  J.  J.  Conlin — Street  contracts,  San  Francisco.  Unconstitu- 
tional.— Conlin  vs.  Board  Supervisors,  99  Cal.  17,  37  Am.  St.  Rep.  17,  33  Pac. 
Rep.  753,  21  L.  R.  A.  474. 

Stats.  1893,  p.  15,  §  3.  Purity  of  election  laws — Oath  to  expenditures. 
Unconstitutional.— Bradley  vs.  Clark,  133  Cal.  196-199,  65  Pac.  Rep.  395.  See 
Const,  art.  XX,  §  5. 

p.  36,  §  4.  Street  Law,  serial  bonds.  Unconstitutional  in  part. — Ramish  vs. 
Ilartwell,  126  Cal.  443,  58  Pac.  Rep.  920. 

p.  57.  Indian  War  bonds.  Unconstitutional  as  to  interest  on  coupons. — 
Molineux  vs.  State,  109  Cal.  378,  380,  50  Am.  St.  Rep.  49,  42  Pac.  Rep.  34. 

p.  59.  Funding  municipal  debts.  Unconstitutional  as  to  certain  provisions 
for  place  of  payment.— City  Los  Angeles  vs.  Teed,  112  Cal.  319,  323,  44  Pac. 
Rep.  580. 

p.  127.  Fees,  San  Francisco.  Unconstitutional. — Rauer  vs.  Williams,  118 
Cal.  401-408,  50  Pac.  Rep.  691. 

p.  168.  Term  of  office,  judge  Madera  County.  Certain  clause  unconstitu- 
tional.—People  ex  rel.  Hargrave  vs.  Markham,  104  Cal.  232,  234,  37  Pac.  Rep. 
918. 

p.  175,  §  17.  Irrigation  districts — Wright  Act.  Unconstitutional. — Mer- 
chants' Nat.  Bank  vs.  Escondido  Irr.  Dist,  144  Cal.  329,  333,  77  Pac.  Rep.  937. 

p.  193,  ch.  CLXVIII.  Collateral  inheritance  tax.  See  Stats.  1897,  p.  77.  Un- 
constitutional.— In  re  Estate  Mahoney,  133  Cal.  180,  85  Am.  St.  Rep.  155,  65 
Pac.  Rep.  389.    See  Const.  U.  S.,  art.  IV,  §  2. 

p.  220.  Streets,  San  Francisco.  Constitutionality  conceded  for  purposes  of 
the  case.— Brown  vs.  Board  Supervisors,  124  Cal.  274,  277,  57  Pac.  Rep.  82. 
But  compare  with  Darcy  vs.  Mayor  San  Jose,  104  Cal.  642,  38  Pac.  Rep.  500 ; 
Pasadena  vs.  Stimson,  91  Cal.  238,  258,  27  Pac.  Rep.  604. 

p.  229,  §  19.  Building  and  loan  commissioners.  Unconstitutional. — Provi- 
dent :\Iut.  B.  &  L.  Assoc,  vs.  Davis,  143  Cal.  253-258,  76  Pac.  Rep.  1034. 

p.  234.  Removal  of  human  remains,  cities  of  five  thousand  to  one  hundred 
thousand.  Amended  Stats.  1895,  p.  157.  Constitutionality  may  be  questioned 
on  authority  of:  Darcy  vs.  Mayor  San  Jose,  104  Cal.  642,  38  Pac.  Rep.  500; 
Marsh  vs.  Board  Supervisors,  11  Cal.  368,  370,  43  Pae.  Rep.  975;  Ex  parte 
Giambonini.  117  Cal.  573,  574,  49  Pac.  Rep.  732. 

p.  280.  Police  salaries,  certain  cities.  Unconstitutional. — Darcy  vs.  Mayor 
San  Jose,  104  Cal.  642,  644,  38  Pac.  Rep.  500. 


fXX  TABLE     OF     UNCONSTITUTIONAL     STATUTES. 

p.  288.  Franchises  by  municipalities.  (Repealed  1897,  p.  135.) — Horton  vs. 
City  Los  Angeles,  119  Cal.  602,  51  Pae.  Rep.  956. 

pp.  346-411.  County  Government  Act,  subd.  14,  §  25.  (Repealed  by  Act 
1897.)  This  seems  to  apply  to  all  former  county  government  acts. — Mack  vs. 
Jastro,  126  Cal.  130,  132,  58  Pac.  Rep.  372.  §  25,  subd.  36.  Unconstitutional. 
—Knight  vs.  Martin,  128  Cal.  245,  246,  60  Pac.  Rep.  849. 

§  170,  subd.  26,  County  Government  Act.  Unconstitutional. — Hale  vs.  ]Mc- 
Gettigan,  114  Cal.  112,  45  Pac.  Rep.  1049. 

Stats.  1895,  p.  85.  Sanitary  districts.  Amendment  of  §  5  of  Act  of  1891 
unconstitutional. — In  re  Werner,  129  Cal.  567,  570,  62  Pac.  Rep.  97. 

p.  107.  Exempt  firemen's  relief  fund.  Unconstitutional. — Taylor  vs.  ]\lott, 
123  Cal.  497,  498,  56  Pac.  Rep.  256. 

p.  164.  Fees  in  cities  of  one  hundred  thousand  and  over.  Unconstitutional. 
— Rauer  vs.  Williams,  118  Cal.  401,  404,  50  Pac.  Rep.  691. 

p.  205.  Court  for  town  of  Berkeley.  Unconstitutional. — Miner  vs.  Justice's 
Court,  121  Cal.  264,  265,  53  Pae.  Rep.  795;  Ex  parte  Armstrong,  84  Cal.  655, 
24  Pac.  Rep.  598. 

p.  207.  Primary  Election  Law.  Unconstitutional. — Marsh  vs.  Board  Super- 
visors, 111  Cal.  368,  370,  43  Pac.  Rep.  975 ;  Gett  vs.  Board  Supervisors,  111  Cal. 
366-368,  43  Pac.  Rep.  1122;  Spier  vs.  Baker,  120  Cal.  375,  52  Pac.  Rep.  659,  41 
L.  R.  A.  196. 

p.  238.  Claims  against  state,  appropriation  to  pay — State  board  of  exam- 
iners. Unconstitutional.— Sullivan  vs.  Gage,  145  Cal.  759,  762-771,  79  Pac. 
Rep.  537. 

p.  267.  Fee  Bill — Probate  cases.  Unconstitutional. — Fatjo  vs.  Pfister,  117 
Cal.  83,  86,  48  Pac.  Rep.  1012 ;  Wingerter  vs.  San  Francisco,  134  Cal.  547,  86 
Am.  St.  Rep.  294,  66  Pac.  Rep.  730;  Reid  vs.  Groezinger,  115  Cal.  551,  47  Pac. 
Rep.  374. 

p.  267.  Justices'  fees.  Unconstitutional  as  to  supervision  of  district  attor- 
ney over  justices'  fees,  and  constables. — Dwyer  vs.  Parker,  115  Cal.  544,  47 
Pae.  Rep.  372;  Cooley  vs.  Calaveras  County,  121  Cal.  482,  484,  53  Pac.  Rep. 
1075;  Kiernan  vs.  Swan,  131  Cal.  410,  63  Pac.  Rep.  768. 

p.  341.  Board  of  election  commissioners,  certain  cities.  Unconstitutional. 
— Denman  vs.  Broderick,  111  Cal.  96,  99,  43  Pac.  Rep.  516. 

p.  348.  John  J.  Conlin,  relief  of.  Unconstitutional. — Conlin  vs.  Board  Su- 
pervisors, 114  Cal.  404,  46  Pac.  Rep.  279,  33  L.  R.  A.  752. 

p.  409.  Berkeley  Charter,  art.  VII — Justice's  court.  Unconstitutional. — 
Miner  vs.  Justice's  Court,  121  Cal.  264,  265,  53  Pac.  Rep.  795. 

Stats.  1897,  pp.  54,  72.  Pay  of  police,  cities  of  first  class.  Unconstitutional. 
—Popper  vs.  Broderick,  123  Cal.  456,  56  Pac.  Rep.  53. 

p.  75,  §  4.  Municipal  corporations,  incur  indebtedness.  Unconstitutional, 
and  does  not  repeal  ch.  XLYIII,  Stats.  1895. — City  Los  Angeles  vs.  Hance,  122 
Cal.  77,  78,  54  Pac.  Rep.  387. 

p.  77.     Collateral  inheritance  tax.    Unconstitutional. — In  re  Estate  Stanford, 


TABLE    OF    UNCONSTITUTIONAL     STATUTES.  cxxl 

126  Cal.  112,  117,  54  Pac.  Rep.  259,  58  Id.  462,  45  L.  R.  A.  788;  In  re  Estate 
Mahoney,  133  Cal.  180,  85  Am.  St.  Rep.  155,  65  Pac.  Rep.  389. 

p.  115.  Primary  Election  Law.  Unconstitutional. — Spier  vs.  Baker,  120 
Cal.  375,  52  Pac.  Rep.  659,  41  L.  R.  A.  196. 

p.  135.  Franchises  (highest  bidders).  Unconstitutional  as  to  certain  fran- 
chises.—Pereria  vs.  Wallace,  129  Cal.  397,  402,  62  Pac.  Rep.  61. 

p.  190.  Signature  of  mayor.  Not  applicable  in  cities  with  freeholders' 
charters.— Morton  vs.  Broderick,  118  Cal.  474,  50  Pac.  Rep.  644;  Popper  vs. 
Broderick,  123  Cal.  456,  460,  56  Pac.  Rep.  53. 

p.  192.  Salaries,  fire  departments  cities  of  first  class.  Unconstitutional. — 
Popper  vs.  Broderick,  123  Cal.  456,  460,  56  Pac.  Rep.  53.  This  act  is  not  re- 
ferred to  in  Popper  vs.  Broderick,  but  this  seems  to  be  identical  with  the  act 
(Stats,  and  Amdts.  1897,  p.  54)  referred  to  in  that  decision.  There  are  two  acts 
alike,  and  the  court  refers  to  only  one. 

p.  214,  §  7.  Mining  claims,  recording.  (Repealed  by  Stats.  1899,  p.  158.) — 
County  Kern  vs.  Lee,  129  Cal.  361,  363,  61  Pac.  Rep.  1124. 

p.  231.  Wages  of  mechanics  and  laborers.  Unconstitutional. — Johnson  vs. 
Goodyear  Min.  Co.,  127  Cal.  4,  5,  78  Am.  St.  Rep.  17,  59  Pac.  Rep.  304,  47  L. 
R.  A.  338. 

pp.  311-325,  §  3,  art.  III.  Lunacy— Commitments  for  insanity.  Unconstitu- 
tional.—Matter  of  Lambert,  134  Cal.  626,  86  Am.  St.  Rep.  296,  66  Pac.  Rep. 
851,  55  L.  R.  A.  856. 

Art.  II,  §  5.  Commitment  without  notice  and  hearing — Removal  of  superin  • 
tendent.  Unconstitutional. — Sponogle  vs.  Curnow,  136  Cal.  580,  69  Pac.  Rep. 
255.  On  similar  point,  see  (Police,  Sacramento)  Smith  vs.  Brown,  59  Cal.  672; 
People  vs.  Edwards,  93  Cal.  153,  28  Pac.  Rep.  831. 

p.  374.  Clark  Road  Law.  Superseded  by  County  Government  Act  §  452. — 
Davis  vs.  Whidden,  117  Cal.  618,  619,  49  Pac.  Rep.  766. 

pp.  452-464,  §  25,  subd.  21.  County  Government  Act,  printing.  Unconsti- 
tutional.—Van  Harlingen  vs.  Doyle,  134  Cal.  53,  66  Pac.  Rep.  44,  54  L.  R.  A. 
771. 

§  138,  subd.  14.  Constables.  Unconstitutional. — Lougher  vs.  Soto,  129  Cal. 
611,  62  Pac.  Rep.  184;  Pratt  vs.  Browne,  135  Cal.  649,  67  Pac.  Rep.  1082  (re- 
porters' fees). 

§  13.  Referendum  provision.  Unconstitutional. — Ex  parte  Anderson,  134 
Cal.  69,  S6  Am.  St.  Rep.  236,  66  Pac.  Rep.  194  (Beatty,  C.  J.,  dissenting).  See 
Const,  art.  XI,  §§  1,  4,  5,  11. 

p.  522  (§  170,  Count}"  Government  Act).  Public  administrator,  counties  of 
thirteenth  class.  Conceded,  for  sake  of  argument,  to  be  unconstitutional. — 
McCabe  vs.  Jefferds,  122  Cal.  302,  54  Pac.  Rep.  897. 

p.  712,  §  164,  subd.  13.  County  Government.  Unconstitutional. — Tucker  vs. 
Barnum,  144  Cal.  266,  268,  269,  274,  77  Pac.  Rep.  919. 

Stats.  1899,  p.  24,  §  1.  Publishing  constitutional  amendments.  Unconstitu- 
tional.— People  ex  rel.  Attorney-General  vs.  Curry,  130  Cal.  82,  91,  62  Pac.  Rep. 
516. 


cxxW  TABLE    OF    UNCONSTITUTIONAL,    STATUTES. 

p.  47.  Primary  Election  Law.  Unconstitutional. — Britton  vs.  Board  Com- 
missioners, 129  Cal.  337,  61  Pac.  Rep.  1115,  51  L.  R.  A.  115. 

p.  241.  San  Francisco  Charter.  Repeals  all  former  laws,  general  and  spe- 
cial, affecting  municipal  affairs.— Martin  vs.  Election  Commissioners,  126  Cal. 
404,  407,  58  Pac.  Rep.  932. 

pp.  341-350,  art.  XI,  §§  4,  6,  8,  8I/2.  San  Francisco  Charter— Civil  service- 
Deputies  of  county  officers.  Unconstitutional.— Crowley  vs.  Freud,  132  Cal. 
440-447,  64  Pac.  Rep.  696.  But  compare  with  Cahen  vs.  Wells,  132  Cal.  447, 
64  Pac.  Rep.  699;  and  Garnett  vs.  Brooks,  136  Cal.  585-587,  69  Pac.  Rep.  299. 

p.  454.  Assessors,  compensation  (San  Francisco  Charter,  §34).  See  dis- 
senting opinion  of  Chief  Justice  Beatty,  art.  XIII,  §  12.— In  re  Estate  Dodge, 
135  Cal.  512,  517,  67  Pac.  Rep.  973. 

p.  466.  Police  and  justices'  courts.  §69,  as  to  "exclusive"  jurisdiction, 
unconstitutional.— Ex  parte  Dolan,  128  Cal.  460,  462,  60  Pac.  Rep.  1094. 

Stats.  1901,  p.  117.  Revision  of  codes  of  California.  Unconstitutional. — 
Lewis  vs.  Dunne,  134  Cal.  291,  296,  86  Am.  St.  Rep.  257,  66  Pac.  Rep.  478,  55 
L.  R.  A.  833 ;  Const,  art.  IV,  §§  22,  24. 

pp.  685,  750  (County  Government  Act,  §  184,  par.  13).  Fees,  township  offi- 
cers.   Unconstitutional.— Johnson  vs.  Gunn,  1  Cal.  App.  Dec.  246. 

p.  754  (County  Government  Act  of  1897,  §  187).  Court  reporter's  fees.  Un- 
constitutional.—Pratt  vs.  Browne,  135  Cal.  649,  67  Pac.  Rep.  1082.  See  Const, 
art.  XI,  §  5,  subd.  29;  art.  lY,  §  25,  title  of  the  act;  art.  IV,  §  24. 

DECISIONS  AFFECTING  CODES, 

Code  Civ.  Proc,  §  112,  subd.  2  (Amdt.  1880).  Justice  of  the  peace,  jurisdic- 
tion. Constitutionality  discussed.— A  want  of  constitutional  jurisdiction  can- 
not be  waived  by  parties  to  action,  nor  be  given  by  the  legislature.— King  vs. 
Kutner-Goldstein  Co.,  135  Cal.  65,  67  Pac.  Rep.  10. 

§  392  (Amdt.  1889,  p.  352).  Place  of  trial.  Effect  limited  under  Const.,  art. 
XII,  §  16.— Miller  &  Lux  vs.  Kern  County  Land  Co.,  134  Cal.  586,  587,  66  Pac. 
Rep.  856. 

§702  (Amdt.  1897,  p.  41).  Foreclosure  sale— Redemption.  Amendment  un- 
constitutional.—Haynes  vs.  Tredway,  133  Cal.  400,  65  Pac.  Rep.  892. 

§1203  (Amdt.  1893,  p.  202).  Bond  of  contractor.  Unconstitutional  as 
unreasonable  restrictions.— Gibbs  vs.  Tally,  133  Cal.  373,  65  Pac.  Rep.  970,  60 
L.  R.  A.  815.     See  Const,  art.  I,  §  1. 

Pen.  Code,  §3101/2  (Amdt.  1895,  p.  247).  Barbers'  Sunday  Law.  Unconsti- 
tutional.—Ex  parte  Jentzsch,  112  Cal.  468,  470,  44  Pac.  Rep.  803,  32  L.  R.  A. 
664. 

Pol.  Code,  §  343.  Designating  regents  of  university  as  civil  executive  officers. 
(Repealed  by  Const.,  art.  IX,  §  9.)— Lundy  vs.  Delmas,  104  Cal.  655,  659,  38 
Pac.  Rep.  445,  26  L.  R.  A.  651 ;  Condict  vs.  Police  Court,  59  Cal.  278. 

§  368.  Office  of  gas  inspector  was  abolished  by  §  14,  art.  XI,  Const.— Condict 
vs.  Police  Court,  59  Cal.  278. 

§  577.  Inspector  of  gas  meters  was  abolished  by  §  14,  art.  XI,  Const.— Con- 
dict vs.  Police  Court,  59  Cal.  278. 


TABLE    OF    UNCONSTITUTIONAL    STATUTES.  cxxlii 

§  1075.  Providing  for  board  of  election  in  cities  of  one  hundred  and  fifty 
thousand,  is  unconstitutional,  as  being  a  special  law. — Denman  vs.  Broderick, 
111  Cal.  96,  99,  43  Pac.  Rep.  516. 

§  1131.  Boards  of  election,  covers  more  ground  than  §  25,  subd.  3,  County 
Government  Act. 

§  1127.  This  section  requires  precincts  for  every  two  hundred  voters,  which 
provision  is  not  in  §  25,  subd.  3,  County  Government  Act,  and  said  subd.  3  for- 
bids change  of  precincts  within  ninety  days  before  election,  which  is  not  in 
§  1127. 

§1143  (Amdt.  1901,  p.  290).  Jury  fees.  Unconstitutional.— Powell  vs. 
Phelan,  138  Cal.  271-273,  71  Pac.  Rep.  335. 

§  1239,  subd.  3.  As  to  residence  in  a  precinct,  as  then  existing,  ceased  to  be 
law  upon  adoption  of  the  Const.  1879.— Russell  vs.  McDowell,  83  Cal.  70,  22 
Pac.  Rep.  183.    But  this  section  is  amended  by  Stats.  1897,  ch.  CXXXI. 

§  1543.  The  provision  of  this  section  giving  custody  of  school  moneys,  in 
cities  having  board  of  education,  to  city  treasurer,  as  enacted  in  1893  (Stats. 
1893,  pp.  240,  241),  held  unconstitutional  in  Brush  vs.  Colombet,  104  Cal.  347, 
350,  38  Pac.  Rep.  45.     But  this  objection  is  removed  by  amendment  of  1895. 

§§  1617,  1793.  Powers  of  school  trustees,  etc. — See  dissenting  opinion  in 
Kennedy  vs.  Board  Education,  82  Cal.  483,  493,  22  Pac.  Rep.  1042. 

§  1618.  As  attempted  to  be  enacted  (amendments  of  1880,  100),  held  uncon- 
stitutional.— Earle  vs.  Board  Education,  55  Cal.  489.  It  has  been  repealed — in 
1889. 

§§  2521,  2522.  San  Francisco  Harbor  Commissioners.  See  dissenting 
opinion  in  Ford  vs.  Harbor  Commissioners,  81  Cal.  19,  22  Pac.  Rep.  278. 

§  2569,  subd.  6.  Power  to  impose  fines  and  penalties  is  held  unconstitu- 
tional in  Harbor  Commissioners  vs.  ]\(Mlwood  Co.,  88  Cal.  491,  22  Am.  St.  Rep. 
321,  26  Pac.  Rep.  375. 

§  2641.  Compensation,  supervisors.  Repealed  by  County  Government  Act 
of  1897.— Davis  vs.  Post,  125  Cal.  210,  57  Pac.  Rep.  901. 

§  2872.  Bridge  franchise.  Repealed  by  Stats.  1881,  76.— Chico  Bridge  Co. 
vs.  Sacramento  T.  Co.,  123  Cal.  178,  180,  55  Pac.  Rep.  780. 

§§  2949  to  2969,  inclusive.  Immigration. — These  sections  may  be  considered 
as  embraced  in  decision  of  People  vs.  Pacific  M.  S.  S.  Co.,  8  Sawyer  C.  C.  Re- 
ports 640,  although  that  decision  may  also  be  technically  confined  to  the 
charges  imposed  for  inspection.  Prom  language  of  "  Transatlantique "  case, 
cited  in  this  opinion,  these  sections  are  in  restriction  of  commerce,  and  the 
mere  appointment  of  inspector  might  be  so  held. 

§  3005.  Making  term  of  office  of  board  of  health  five  years  is  unconstitu- 
tional.—People  ex  rel.  Davidson  vs.  Perry,  79  Cal.  105,  21  Pac.  Rep.  423 ;  Ex 
parte  Keeney,  84  Cal.  304,  307,  24  Pac.  Rep.  34. 

§§  3356  to  3364.  Licenses.  Became  inoperative  by  reason  of  §  1,  art.  XXII, 
Const.  1879.— People  vs.  Martin,  60  Cal.  153. 

§  3640.  Relating  to  poll-tax.  As  it  stood  in  1880  was  discriminating  and 
unconstitutional. — Miller  vs.  Heilbron,  58  Cal.  133.  But  that  section  was  re- 
pealed in  1881,  and  a  new  section  enacted  in  1895. 


cxxiv  TABLE     OF     UNCONSTITUTIONAL     STATUTES. 

§§  3665  to  3670,  inclusive.  Relating  to  assessment  of  railways.  As  they 
stood  in  1880  were  special  and  contrary  to  general  law  (C.  C.  P.)  and  uncon- 
stitutional.—People  vs.  Central  P.  R.,  83  Cal.  393,  23  Pac.  Rep.  303.  The 
sections  have  been  since  amended. 

§  3696.  Rate  of  state  tax.  As  it  then  stood  was  declared  unconstitutional 
in  Wills  vs.  Austin,  53  Cal.  152 ;  Harper  vs.  Rowe,  53  Cal.  233.  But  has  been 
amended  in  1891  and  1893. 

§  3817.  Redemption  from  tax  sales.  Violates  obligation  of  contract  so  far 
as  it  was  intended  to  aJBfect  a  sale  which  took  effect  prior  to  this  amendment. — 
Teralta  Land  Co.  vs.  Shaffer,  116  Cal.  518,  523,  o8  Am.  St.  Rep.  194,  48  Pac. 
Rep.  613. 

§§  4000  to  4344.  County  charges,  etc.  The  County  Government  Act  of 
1880  purporting  to  amend  these  sections  Avas  held  unconstitutional  in  Leonard 
vs.  January,  56  Cal.  1. 

§  4045,  amended  in  1883,  p.  297.  Permanent  powers,  supervisors.  "Was  re- 
pealed by  County  Government  Act  of  1883,  299,  passed  the  following  day, — 
Mendocino  Co.  vs.  Bank  of  Mendocino,  86  Cal.  255,  24  Pac.  Rep.  1002. 

§  4109.  Term  of  office,  election.  Repealed  by  County  Government  Act. — 
Dillon  vs.  Bieknell,  116  Cal.  Ill,  113,  47  Pac.  R^p.  937. 

§§  4445  to  4449.  Funding  municipal  debt.  As  to  indebtedness  created 
since  adoption  of  constitution,  the  constitution  prevails  and  is  self-executing. 
—City  of  Los  Angeles  vs.  Teed,  112  Cal.  319,  323,  44  Pac.  Rep.  580. 


GENEEAL   LAWS 


STATE     OF     CALirORNIA 

AS  IN  FORCE  AT  THE  CLOSE  OF  THE  THIRTY-SIXTH 
SESSION  OF  THE  1.EU1SL.ATURE,  1905. 


ACCOUNTANCY. 

"To  create  a  state  board  of  accountancy  and  prescribe  its  powers  and  duties; 
to  provide  for  the  examination  of  and  issuance  of  certificates  to  qualified 
applicants,  with  the  designation  of  certified  public  accountant;  and  to 
provide  the  grade  of  penalty  for  violations  of  the  provisions  hereof. 
(Stats.  1901,  645,  ch.  CCXIII.) 

§  1.  "Within  thirty  days  after  the  passage  of  this  act  the  governor  shall 
appoint  five  persons,  at  least  three  of  whom  shall  be  competent  and  skilled 
public  accountants  who  shall  have  been  in  practice  as  such  in  this  state  for  not 
less  than  five  consecutive  years,  to  constitute  and  serve  as  a  state  board  of 
accountancy.  The  members  of  such  board  shall,  within  thirty  days  after  their 
appointment,  take  and  subscribe  to  the  oath  of  office  as  prescribed  by  the 
Political  Code,  and  file  the  same  with  the  secretary  of  state.  They  shall  hold 
office  for  four  years,  and  until  their  successors  are  appointed  and  qualified; 
save  and  except  that  one  of  the  members  of  the  board  first  to  be  appointed 
under  this  act  shall  hold  office  for  one  year;  one  for  two  years;  one  for  three 
years,  and  two  for  four  years.  Any  vacancies  that  may  occur,  from  any  cause, 
shall  be  filled  by  the  governor  for  the  unexpired  term;  provided,  that  all 
appointments  made  after  the  first  year  must  be  made  from  the  roll  of  certificates 
issued  and  on  file  in  the  office  of  the  governor. 

§  2.  The  state  board  of  accountancy  shall  have  its  office  in  the  city  and 
county  of  San  Francisco,  and  its  powers  and  duties  shall  be  as  follows : 

1.  To  formulate  rules  for  the  government  of  the  board  and  for  the  exam- 
ination of  and  granting  of  certificates  of  qualification  to  persons  applying 
therefor ; 

2.  To  hold  written  examinations  of  applicants  for  such  certificates,  at  least 
semi-annually,  at  such  places  as  circumstances  and  applications  may  warrant ; 

3.  To  grant  certificates  of  qualification  to  such  applicants  as  may,  upon  exam- 
ination, be  found  qualified  in  "theory  of  accounts,"  "practical  accounting," 
"auditing,"  and  "commercial  law,"  to  practice  as  certified  public  accountants; 

4.  To  charge  and  collect  from  all  applicants  such  fee,  not  exceeding  twenty- 
five  dollars,  as  may  be  necessary  to  meet  the  expenses  of  examination,  issuance 
of  certificates  and  conducting  its  office;  provided,  that  all  such  expenses,  in- 


2  ACCOUNTANCY — SALOON  ACCOUNTS. 

eluding  not  exceeding  five  dollars  per  day  for  each  member  while  attending 
the  sessions  of  the  board  or  conducting  examinations,  must  be  paid  from  the 
current  receipts,  and  no  portion  thereof  shall  ever  be  paid  from  the  state 
treasury ; 

5.  To  require  the  annual  renewal  of  all  such  certificates,  and  to  collect  there- 
for a  renewal  fee  of  not  exceeding  one  dollar; 

6.  To  revoke  for  cause  any  such  certificate,  after  written  notice  to  the  holder, 
and  a  hearing  being  had  thereon ;  provided,  that  such  revocation  must  receive 
the  affirmative  vote  of  at  least  four  members  of  the  board ; 

7.  To  report  annually  to  the  governor,  on  or  before  the  first  day  of  Decem- 
ber, all  such  certificates  issued  or  renewed,  together  with  a  detailed  statement 
of  receipts  and  disbursements ;  provided,  that  any  balance  remaining  in  excess 
of  the  expenses  incurred  may  be  retained  by  the  board  and  used  in  defraying 
the  future  expenses  thereof ; 

8.  The  board  may,  in  its  discretion,  under  regulations  provided  by  its  rules, 
waive  the  examination  of  applicants  possessing  the  qualifications  mentioned  in 
section  three,  who  shall  have  been  for  more  than  three  years  prior  to  the  pas- 
sage of  this  act  practising  in  this  state  as  public  accountants  on  their  own 
account,  and  who  shall,  in  writing,  apply  for  such  certificates  within  one  year 
thereafter. 

§  3.  Any  citizen  of  the  United  States,  or  any  person  who  has  duly  declared 
his  intention  of  becoming  such  citizen,  residing  and  doing  business  in  this  state, 
being  over  the  age  of  twenty-one  years  and  of  good  moral  character,  may 
apply  to  the  state  board  of  accountancy  for  examination  under  its  rules,  and 
for  the  issuance  to  him  of  a  certificate  of  qualification  to  practise  as  a  certified 
public  accountant,  and  upon  the  issuance  and  receipt  of  such  certificate,  and 
during  the  period  of  its  existence,  or  of  any  renewal  thereof,  he  shall  be  styled 
and  known  as  a  certified  public  accountant  or  expert  of  accounts,  and  no  other 
person  shall  be  permitted  to  assume  and  use  such  title  or  to  use  any  words, 
letters  or  figures  to  indicate  that  the  person  using  the  same  is  a  certified 
public  accountant. 

§  4.  Any  violation  of  the  provisions  of  this  act  shall  be  deemed  a  misde- 
meanor. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

ACCOUNTS— SALOON. 

To  prohibit  the  collection  of  accounts  for  liquors  sold  at  retail. 

(Stats.  1873-4,  509,  ch.  CCCXLV.) 

§  1.  The  purchase  of,  or  the  sale  and  delivery  of  any  spirituous  or  malt 
liquors,  wine,  or  cider,  by  retail,  or  by  the  drink,  is  hereby  declared  to  be  an 
invalid  consideration  for  any  promise  to  pay,  or  assumpsit  of  account  therefor, 
when  the  amount  of  such  account  or  demand  exceeds  five  dollars. 

§  2.  No  court  shall,  in  any  action  at  law,  render  judgment  for  a  greater 
amount  than  five  dollars,  for  the  sale  at  retail,  or  by  the  drink,  of  any  spirituous 
or  malt  liquors,  wine,  or  cider,  together  with  costs. 


SALOON  ACCOUNTS — ACKNOWLEDGMENTS. 


§  3.     Nothing  in  this  act  shall  be  construed  to  affect  in  any  manner  debts 
contracted  prior  to  its  passage. 


Shain  vs.  Maxwell,  115  Cal.  210,  46  Pac. 
Rep.   1069. 

RECOVERY  FOR  INTOXICATING  LI- 
QUORS SOLD  CONTRARY  TO  LAAV — Can- 
not be  had. — Iowa.  Taylor  vs.  Pickett,  52 
Iowa  467,  3  N.  W.  Rep.  514;  Quigley  vs. 
Duffey,  52  Iowa  610,  3  N.  W.  Rep.  659; 
Gipps  Brewing  Co.  vs.  De  France,  91  Iowa 
108,  58  N.  W.  Rep.  1087;  Fred  Miller  Brew- 
ing Co.  vs.  Stevens,  102  Iowa  60.  71  N.  W. 
Rep.  186.  Mich.  Loranger  vs.  Jardine,  56 
Mich.  518,  23  N.  W.  Rep.  203.  Minn.  Theo. 
Hamm  Brewing  Co.  vs.  Young,  76  Minn. 
246,  79  N.  W.  Rep.  Ill,  396.  Neb.  Tredway 
vs.   Riley,   32   Neb.    495,   49   N.   W.   Rep.    268; 


Storz  vs.  Finklestein,  46  Neb.  577,  65  N.  "W, 
Rep.    195. 

Compare:  Wagnet  vs.  Breed,  29  Neb.  720, 
46   N.   W.   Rep.    2S6. 

AS  TO  RECOVERY  FOR  INTOXICATING 
LIQUORS,  destroyed  as  a  nuisance,  see  36 
L.    R.    A.    554. 

Same — Sold  for  use  or  sale  In  a  brothel. — 
See  9  L.  R.  A.  506  and  note  by  Robert  Desty. 

Same  —  Shipped  into  prohibition  district 
in  violation  of  local  laws. — See  Iowa.  Wind 
vs.  Her,  93  Iowa  316,  61  N.  W.  Rep.  1001. 
Mich.  Gambs  vs.  Sutherland's  Estate,  101 
Mich.  355,  59  N.  W.  Rep.  652.  Fed.  Kohn  vs. 
Melscher,  43  Fed.  Rep.  641,  10  L.  R.  A.  439. 


ACKNOWLEDGMENTS. 

An  act  to  legalize  certain  acknowledgments. 
(Stats.  1897,  29,  ch.  XXXII.) 

§  1.  All  acknowledgments  of  deeds  and  other  instruments  of  writing, 
whereby  real  estate,  or  any  interest  therein,  is  conveyed  or  may  be  affected, 
heretofore  taken  before  court  commissioners  or  a  county  clerk,  and  by  them 
or  him  certified  in  the  usual  form,  shall,  from  and  after  the  passage  of  this 
act,  have  the  same  force  and  effect  for  all  purposes,  as  though  such  acknowledg- 
ments had  been  taken  before  and  certified  by  a  clerk  of  a  court  of  record, 
or  a  county  recorder,  or  a  notary  public;  and  the  record  of  such  deeds  or 
instruments,  if  the  same  shall  have  been  admitted  to  record,  shall  hereafter 
impart  notice  to  the  same  extent  as  though  such  acknowledgments  had  been 
taken  before  and  certified  by  any  one  of  the  above-named  officers,  and  said 
records  and  duly  certified  copies  thereof  shall  have  the  same  effect  in  evidence 
as  though  said  deeds  or  instruments  had  been  originally  acknowledged  and 
certified  before  and  by  duly  authorized  officers;  provided,  nothing  in  this  act 
shall  be  so  construed  as  in  any  manner  to  affect  the  rights  of  any  subsequent 
purchaser  in  good  faith  and  for  value. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 


The  foregoing  act  is  believed  to  have  su- 
perseded an  act  on  the  same  subject  (Stats. 
1891.  20,  ch.  XXXIII).  and  the  present  act 
embraces  county  clerk,  with  court  commis- 
sioner, and  embraces  the  admission  in  evi- 
dence of  certified  copies  of  such  instruments, 
which   the   former   act   did   not   do. 

The  following  references  to  former  acts 
are    deemed   pertinent: 

Legalizing  acknowledgments  taken  before 
recorders.  Stats.  1852,  166. 

Legalizing  acknowledgments  taken  before 
deputy    recorders.    Stats.    1859.    212. 

Correction  of  acknowledgments.  Stats. 
1860,  179.  In  this  connection  see  KERR'S 
CYC.    CIA'IL    CODE    §1202. 

Authorizing    and    validating    acknowledg- 


ments of  state  prisoners  (with  witnesses), 
Stats.   1S62.   496. 

Legalizing  acknowledgments  of  married 
women  taken  before  county  clerks.  Stats. 
1867-8.   203. 

Legalizing  certain  acknowledgments  re- 
quired by  the  Act  of  1866,  formation  of 
boards  of  trade,  chambers  of  commerce,  etc., 
Stats.    1885.    55. 

Certilieate  as  evidence  of  facts  requisite 
to  acknowledgments. — Banning  vs.  Banning, 
80  Cal.  271,  13  Am.  St.  Rep.  156,  22  Pac.  Rep. 
210;  cited  in  Langenbeck  vs.  Louis,  140  Cal. 
406,   409,   73  Pac.   Rep.   10S6. 

AVhen  not  conclusive. — Le  Mesnager  vs. 
Hamilton,  101  Cal.  532-534,  40  Am.  St.  Rep. 
81,    35   Pac.   Rep.    1054. 


ACTIONS  AGAINST  STATE. 

See  State — Actions  Against. 


4  ADUL.TERATIOX   OF   FOODS — ^ADULTERY. 

ADOPTION. 

It  is  believed  that  the  Statute  of  1877-8,  1S77-8,  and  the  provisions  of  the  Civil  Code, 

9S6,  ch.  DCXXVI,  upon  this  suljject  has  been  prior  to  the  amendment  of  1903,  see  Ex  parte 

superseded    by    amendment    of    §  224    of    the  Chambers,  SO  Cal.  216.  219,  22  Pac.  Rep.  138, 

Civil    Code    (Stats.    1903,    114,    ch.    CII).      As  and     consult     KERR'S     CYC.     CIVIL     CODE 

to    the    relative    effect    of    the    Statute    of  §  224  and  note. 

ADULTERATION— OF   FOODS,   ETC. 

An  act  to  provide  against  the  adulteration  of  foods  and  drugs. 
(Stats.  1895,  71,  ch.  LXXVI. 

This  statute  has  been  Introduced  Into  the  Ive  Oil,  Pari.s  Green,  Poisons,  State  Analylst* 

Penal    Code,    Stats.    1905,    769,    ch.    DLXXIII,  and   notes   thereunder. 

§  4    of    the    statute    being-    omitted    from    the  Constitutionality   of   statute    making   pos- 

codification.  session  of  criminal. — See   note   51  Am.  Rep. 

For     decisions     under     the     statute,     see  347. 
KERR'S  CVC.  PENAL  CODE  §383  and  note.  Imitation  butter,  or  oleoninrKarlne,  power 

It  is  believed  that  the  Act  of  1895,  supra,  of  state  to  regulate  and  prohibit  sale  of. — 

entirely    superseded    former    enactments    on  See   notes    1    Am.    St.    Rep.    644;    85    Am.    St. 

this  sub.1ect;  but  see  §9,  Stats.  1901,  299-301,  Rep.   400;   1  L.   R.   A.   51. 

ch.      CXLI,      relating      to      pharmacy,      and  Liability  for  selling  noxious  and  unwhole- 

KERR'S    CYC.   PENAL   CODE   §382.    amend-  some. — See    note    73    Am.    Dec.    165. 
ment   1903,    351.  Povrer   of    state   to    regulate    and    prohibit 

See     statutes     herein:      Aiilnrles,     Flutter,  the   nianufiicture   and   sale   of. — See   note   10 

Cheese,   Dairies,    Honey,    <>le»mJirK«rlne,    Ol-  Am.   St.   Rep.   4  23. 

ADULTERY— PUNISHMENT    FOR. 

An  act  to  piiuish  adultery. 
(Stats.  1871-2,  380,  ch.  CCLXXVI.) 

This  statute  has  been  introduced  Into  the  See  Ex  parte  Thomas,  103  Cal.  497.  87  Pac. 

Penal    Code,    §§  269a.    269b,    Stats.    1905,    657.        Rep.   514.   and  KERIl'S   CYC.   PENAL  CODE 
ch.  CDXCVIII.  §§  269a,   269b  and  notes  thereunder. 

AGRICULTURAL  DISTRICTS. 

To  form  agricultural  districts,  to  provide  for  formation  of  agricultural  associa- 
tions therein,  and  for  management  and  control  of  the  same  by  the  state,  and 
to  repeal  all  acts  and  parts  of  acts  in  conflict  with  this  act. 
(Stats.  1897,  304,  ch.  CCXXV;  amended.  Stats.  1901,  304,  ch.  CXLII.) 

§  1,  The  several  counties  of  this  state  are  divided  and  classified  into  agri- 
cultural districts  and  numbered  as  follows,  to  wit : 

The  counties  of  San  Franci.sco  and  Alameda  shall  con.stitute  agricultural 
district  No.  1. 

The  county  of  San  Joaquin  shall  constitute  agricultural  district  No.  2. 

The  county  of  Butte  shall  constitute  agricultural  district  No.  3. 

The  counties  of  Sonoma  and  ]\Iarin  shall  constitute  agricultural  district  No.  4. 

The  counties  of  San  Mateo  and  Santa  Clara  shall  constitute  agricultural 
district  No.  5. 

The  county  of  Los  Angeles  shall  constitute  agricultural  district  No.  6. 

The  county  of  Monterey  shall  constitute  agricultural  district  No.  7. 

The  county  of  El  Dorado  shall  constitute  agricultural  district  No.  8. 

The  county  of  Humboldt  shall  constitute  agricultural  district  No.  9. 

The  county  of  Siskiyou  shall  constitute  agricultural  district  No.  10. 

The  counties  of  Plumas  and  Sierra  shall  constitute  agricultural  district  No.  11; 
provided  that  the  first  fair  held  in  the  eleventh  agricultural  district  after  the 


AGRICULTURAL    DISTRICTS.  5 

Xjassage  of  this  act  shall  be  held  in  Sierra  County;  the  next  fair  in  Plumas 
County,  and  thereafter  said  counties  shall  so  alternate  in  holding  such  fairs. 

The  county  of  Lake  shall  constitute  agricultural  district  No.  12. 

The  counties  of  Sutter  and  Yuba  shall  constitute  agricultural  district  No.  13. 

The  county  of  Santa  Cruz  shall  constitute  agricultural  district  No.  14. 

The  county  of  Kern  shall  constitute  agricultural  district  No.  15. 

The  county  of  San  Luis  Obispo  shall  constitute  agricultural  district  No.  16. 

The  county  of  Nevada  shall  constitute  agricultural  district  No.  17. 

The  counties  of  ]\Iona,  Inyo,  and  Alpine  shall  constitute  agricultural  district 
No.  18. 

All  that  portion  of  Santa  Barbara  County  lying  east  of  the  Gaviota  and  south 
■of  the  Santa  Ynez  mountains,  shall  constitute  agricultural  district  No.  19. 

The  county  of  Placer  shall  constitute  agricultural  district  No.  20. 

The  counties  of  Fresno  and  Madera  shall  constitute  agricultural  district  No.  21. 

The  county  of  San  Diego  shall  constitute  agricultural  district  No.  22. 

The  county  of  Contra  Costa  shall  constitute  agricultural  district  No.  23. 

The  counties  of  Tulare  and  Kings  shall  constitute  agricultural  district  No.  24. 

The  county  of  Napa  shall  constitute  agricultural  district  No.  25. 

The  county  of  Amador  shall  constitute  agricultural  district  No.  26. 

The  counties  of  Shasta  and  Trinity  shall  constitute  agricultural  district  No.  27. 

The  counties  of  San  Bernardino  and  Riverside  shall  constitute  agricultural  dis- 
trict No.  28. 

The  county  of  Tuolumne  shall  constitute  agricultural  district  No.  29. 

The  county  of  Tehama  shall  constitute  agricultural  district  No.  30. 

The  county  of  Ventura  shall  constitute  agricultural  district  No.  31. 

The  county  of  Orange  shall  constitute  agricultural  district  No.  32. 

The  county  of  San  Benito  shall  constitute  agricultural  district  No.  33. 

The  county  of  Modoc  shall  constitute  agricultural  district  No.  34. 

The  counties  of  Merced  and  Mariposa  shall  constitute  agricultural  district 
No.  35. 

The  county  of  Solano  shall  constitute  agricultural  district  No.  36. 

All  that  portion  of  Santa  Barbara  County  not  included  in  agricultural  district 
No.  19  shall  constitute  agricultural  district  No.  37. 

The  county  of  Stanislaus  shall  constitute  agricultural  district  No.  38. 

The  county  of  Calaveras  shall  constitute  agricultural  district  No.  39. 

The  counties  of  Yolo  and  Sacramento  shall  constitute  agricultural  district 
No.  40. 

The  county  of  Del  Norte  shall  constitute  agricultural  district  No.  41. 

The  county  of  Glenn  shall  constitute  agricultural  district  No.  42. 

The  county  of  Lassen  shall  constitute  agricultural  district  No.  43. 

The  county  of  Colusa  shall  constitute  agricultural  district  No.  44. 

The  county  of  Mendocino  shall  constitute  agricultural  district  No.  45. 
[Amendment,  Stats.  1901,  p.  304.] 

§  2.  AYhere  two  or  more  counties  shall  constitute  an  agricultural  district,  each 
county  shall  be  represented  in  the  district  board  of  directors  by  at  least  two  resi- 
dent citizens,  as  directors  in  said  board;  provided,  that  when  by  reason  of  the 
formation  of  a  new  agricultural  district,  a  director  of  one  district  becomes  a  resi- 
■dent  of  another,  his  term  of  office  as  director  will  expire  in  sixty  days  after  the 


6  AGRICULTURAL,    DISTRICTS. 

formation  of  the  new  agricultural  district.  Whenever  the  board  of  directors  of 
two  or  more  agricultural  districts  shall,  by  a  majority  vote  of  each  board,  elect  to 
unite,  the  said  several  districts  may  associate  as  one  district,  and  hold  a  fair  in 
any  of  said  districts,  and  may  for  such  purpose  draw  the  appropriation  for  all 
of  said  districts,  and  expend  the  same  for  said  fair. 

§  3.  Any  fifty  or  more  persons,  representing  a  majority  of  the  counties  within 
any  one  of  the  districts  above  constituted,  may  form  an  association  for  the  im- 
provement of  the  material  industries  within  such  district,  and  when  so  formed, 

the  association  shall  be  known  and  designated  by  the  name  of agricultural 

association,  and  by  such  name  and  style  shall  have  perpetual  succession,  and  shall 
have  power  and  authority  to  contract  and  be  contracted  with,  to  sue  and  be  sued. 
1o  have  and  u.se  a  common  seal,  to  purchase  and  hold  and  lease  real  estate,  with 
such  buildings  and  improvements  as  may  be  erected  thereon,  and  may  sell  and 
lease  and  dispose  of  the  same  at  pleasure.  The  said  real  estate,  except  as  herein- 
after provided,  shall  be  used  by  such  association  for  the  purpose  of  holding  exhi- 
bitions of  horses,  cattle,  and  other  stock,  and  of  the  agricultural,  horticultural, 
viticultural,  mechanical,  manufacturing,  and  domestic  products  of  such  district, 
with  a  view  to  the  improvement  of  all  industries  in  the  same.  But  the  said  asso- 
ciation shall  have  the  power,  and  are  hereby  authorized,  to  sell  and  convey  any 
portion  of  the  real  estate  held  by  it,  by  whatever  title  derived,  which  may  not  be 
necessary  for  the  permanent  use  of  said  association  for  the  purpases  aforesaid. 

§  4.     The  officers  of  such  association  shall  consist  of  eight  directors,  who  shall 

constitute  a  district  board  of  agriculture  for  district  number ;  a  president, 

who  .shall  be  one  of  their  number,  and  a  secretary  and  treasurer,  not  of  their 
number. 

§  5.  AYithin  ten  days  after  the  formation  of  any  new  agricultural  association 
within  any  of  the  districts  above  constituted  in  accordance  with  the  provisions  of 
this  act,  and  notice  of  such  formation  to  the  governor,  the  governor  shall  appoint 
eight  resident  citizens  of  such  dist^-ict  as  members  of  a  district  board  of  agri- 
culture for  said  district,  whose  term  of  office  shall  be  four  years,  except  as  here- 
inafter provided. 

§  6.  AVithin  ten  days  after  their  appointment,  the  per.sons  so  appointed  shall 
qualify  as  required  by  the  constitution,  and  shall  meet  at  a  place  within  the  dis- 
trict and  organize  by  the  election  of  one  of  their  number  as  president  of  the  board 
and  association,  who  shall  hold  said  office  of  president  one  year,  and  until  his 
successor  is  elected ;  they  shall  also  elect  a  secretary  and  treasurer. 

§  7.  At  the  same  meeting  the  members  of  the  board  shall,  by  lot  or  otherwise, 
classify  themselves  into  four  classes  of  two  members  each.  The  term  of  office  of 
the  first  class  shall  expire  at  the  end  of  the  finst  fiscal  year;  of  the  second  cla.ss.  of 
the  second  fiscal  year;  of  the  third  class,  of  the  third  fiscal  year ;  and  of  the  fourth 
class,  at  the  end  of  the  full  term  of  four  years.  The  fiscal  year  shall  be  from 
December  first  to  December  first;  provided,  that  all  officers  of  agricultural  dis- 
tricts now  in  office,  under  any  law  heretofore  passed,  shall  hold  office  for  the 
term  for  which  they  were  appointed,  except  in  cases  specified  in  section  two  of 
this  act.  And  the  agricultural  associations  heretofore  establi.shed  shall  be  con- 
tinued in  force,  and,  so  far  as  applicable,  are  made  agricultural  associations 
under  this  act. 


AGRICULTURAL    DISTRICTS. 


§  8.  Each  association  so  formed  and  organized  is  hereby  declared,  and  shall 
he  recognized,  a  state  institution,  and  the  board  so  appointed  and  qualified  shall 
have  the  exclusive  control  and  management  of  such  institution,  for  and  in  the 
name  of  the  state,  and  shall  have  possession  and  care  of  all  the  property  of  the 
association,  and  shall  fix  the  terms  of  office  and  the  bonds  of  the  secretary  and 
treasurer,  and  determine  their  salaries  and  duties.  They  shall  have  the  power  to 
make  all  necessary  by-laws,  rules,  and  regulations  for  the  government  of  the 
association  and  the  management  of  its  prudential  and  financial  aft'airs.  They 
shall  provide  for  an  annual  fair  or  exhibition  by  the  association  of  all  the  in- 
dustries and  industrial  products  in  the  district,  at  such  time  and  place  as  they 
deem  advisable ;  provided,  that  the  state  shall,  in  no  event,  be  liable  for  any 
premium  offered  or  award  made,  or  for  any  debt  contracted  by  any  district  board 
of  agriculture,  or  agricultural  association;  and  provided  further,  that  nothing 
in  this  section  shall  be  so  construed  as  in  any  way  to  affect  or  modify  any  of  the 
provisions  of  section  eleven. 

§  9.  When  any  district  board  of  agriculture  shall  have  been  classified  and 
organized  as  herein  provided,  the  secretary  of  the  board  shall  report  such  classi- 
fication and  organization  to  the  state  board  of  agriculture.  He  shall  also  report 
the  same  to  the  governor,  and  shall  report  any  vacancy  that  may  occur  in  the 
board  to  the  governor,  who  shall  fill  the  same,  by  appointment,  for  the  unexpired 
term. 

It  shall  be  the  duty  of  each  district  association  formed  under  this  act,  to  report 
to  the  state  board  of  agriculture,  on  or  before  January  first  of  each  year,  a 
detailed  financial  statement,  together  with  a  complete  statistical  review  of  the 
agricultural  resources  of  each  county  in  the  district,  for  the  year  ending  Decem- 
ber thirty-first.  Said  review  to  contain  the  acreage  and  yield  of  all  agricultural 
productions  for  the  year  previous,  and  such  other  data  as  may  be  asked  for  by 
the  state  board  of  agriculture  in  the  furtherance  of  its  duties. 

§  10.  Whenever  any  such  association  shall  desire  to  sell  any  portion  of  its 
real  estate  not  needed  for  the  permanent  use  of  the  association,  for  the  purposes 
specified  in  section  three,  and  such  real  estate  be  held  by  such  association  under 
a  deed  or  deeds  of  trust  conveying  the  said  lands  in  trust,  to  be  held  in  perpe- 
tuity as  a  place  for  holding  agricultural  exhibitions  or  fairs,  or  for  other  per- 
manent purposes  of  such  association,  it  shall  be  lawful  for  such  association  to  file 
its  complaint  in  the  superior  court  of  the  county  in  which  such  lands  are  situated, 
netting  forth  the  nature  of  the  title  under  which  they  are  held,  and  that  it  is  the 
desire  of  the  said  association  to  sell  and  dispose  of  such  real  estate,  and  praying 
for  judgment  authorizing  it  to  sell  and  convey  the  same.  In  such  action  the 
trustee  or  trustees  in  such  deed  or  deeds,  or  the  survivor  or  survivors  of  them,  or 
the  heirs,  or  administrators,  or  executors  of  deceased  trustees,  as  the  case  may 
require,  shall  be  made  parties  defendant ;  and  upon  service  of  the  summons  upon 
such  defendants,  personally  or  by  publication,  or  upon  their  appearance,  the 
court  shall  have  full  jurisdiction  in  the  premises,  and  the  deed  executed  under 
and  in  pursuance  of  the  judgment  of  the  court  shall  be  valid  and  effectual  to 
convey  to  the  purchaser  the  title  of  said  association,  and  that  of  all  of  its  prede- 
cessors in  title  made  parties  to  the  suit. 

§  11.     Every  such  association  organized  and  existing  under  the  law^s  of  the 
state,  and  which  has  heretofore  issued  certificates  of  the  capital  stock  of  such 


g  AGRICULTURAL    DISTRICTS. 

association,  and  which  certificates  last  mentioned  have  been  accepted  by  the 
members  of  such  association  in  lieu  of  certificates  of  membership  therein,  may- 
elect  to  have  a  capital  stock,  and  may  issue  certificates  of  stock  therefor,  in 
the  same  manner  and  with  like  effect  as  corporations  formed  under  the  pro- 
visions of  chapter  one,  article  one,  of  the  Civil  Code,  relating  to  the  formation 
of  corporations.  In  order  to  effect  such  change,  a  meeting  of  the  holders  of 
such  alleged  certificates  of  capital  stock  may  be  called,  at  which  the  holders  of 
such  alleged  stock  shall  be  entitled  to  one  vote  for  each  share  of  such  stock 
appearing  in  their  names,  respectively,  upon  the  books  of  such  association. 
Upon  the  receipt  of  a  written  application,  signed  by  the  holders  of  one  fourth 
of  the  shares  of  such  alleged  capital  stock  of  such  association,  requesting  him 
so  to  do,  the  secretary  of  such  association  shall  give  notice  of  the  time  and  place 
of  holding  such  meeting,  by  publication  in  some  newspaper  printed  and  pub- 
lished in  such  county,  or  city  and  county,  in  which  the  principal  place  of  busi- 
ness of  such  association  is  located,  at  least  once  a  week  for  three  successive 
weeks  next  prior  to  the  holding  thereof.  Such  notice  shall  state  that  the  object 
of  the  meeting  is,  (1)  to  determine  whether  such  corporation  elects  to  have  a 
capital  stock  as  provided  by  this  act;  (2)  the  amount  of  such  capital  stock,  and 
(3)  the  number  of  shares  into  which  the  same  shall  be  divided.  At  such  meet- 
ing, should  the  holders  of  a  majority  of  the  shares  of  such  alleged  capital  stock 
vote  in  favor  of  having  a  capital  stock,  and  fix  the  amount  thereof,  and  the 
number  of  shares  into  which  it  shall  be  divided,  then  such  corporation  shall 
issue  certificates  of  capital  stock  to  the  amount  fixed  at  such  meeting,  divided 
into  the  number  of  shares  provided  by  said  meeting,  to  the  holders  of  such 
alleged  capital  stock,  in  the  same  proportion  as  such  alleged  stock  appears  in 
the  names  of  such  holders,  respectively,  upon  the  books  of  such  association.  A 
copy  of  the  notice  calling  such  meeting,  the  affidavit  of  publication  thereof,  the 
proceedings  of  such  meeting,  the  amount  of  capital  stock  voted,  number  of 
shares  into  Avhich  the  capital  stock  was  divided,  and  to  whom  assigned,  duly 
certified  by  the  chairman  of  such  meeting,  and  the  secretary  of  such  associa- 
tion, under  the  seal  thereof,  must  be  filed  with  the  secretary  of  state  and  the 
clerk  of  the  county  where  such  association  has  its  principal  place  of  business. 
Thereafter  such  association  shall  be  possessed  of  all  rights  and  powers,  and 
shall  be  subject  to  all  the  obligations  and  restrictions,  as  if  it  had  been  origi- 
nally created  a  corporation  with  a  capital  stock,  including  the  right  to  elect  a 
board  of  directors  authorized  to  exercise  such  control  of  all  the  property  of 
such  association,  as  provided  in  chapters  one,  two,  three,  and  four  of  the  Civil 
Code,  relating  to  corporations;  provided,  such  association  shall  have  no  author- 
ity to  sell  any  portion  of  the  real  estate  owned  and  held  by  it,  by  whatever  title 
derived,  which  may  be  necessary  for  the  permanent  use  of  such  association,  for 
the  purposes  aforesaid ;  and  provided  further,  that  in  the  event  that  such  asso- 
ciation, after  the  issuance  of  a  capital  stock  as  aforesaid,  shall  be  offered  aid  at 
any  time  from  the  state  by  appropriation,  for  the  purpose  of  holding  an  annual 
district  fair,  and  such  association,  by  a  vote  of  the  board  of  directors,  elected 
as  hereinafter  provided,  adopts  a  resolution  accepting  such  appropriation,  then 
and  in  that  event  said  annual  fair  shall  be  held  under  the  control  and  manage- 
ment of  the  district  board  of  agriculture  of  such  district;  but  said  district 
board  of  agriculture  shall  hnve  no  other  authority,  control,  or  management  of 


AGRICULTURAL  DISTRICTS— CEREAL  CROPS.  9 

or  over  the  property  of  such  association,  and  the  authority  which  it  may  exer- 
cise over  said  property  shall  continue  only  during  the  time  occupied  in  holding 
the  said  district  fair,  which  time  shall  not  extend  over  more  than  one  week 
annually. 

When  any  corporation  has  elected  to  issue  capital  stock  under  this  act,  the 
president  thereof  shall,  within  ten  days  after  filing  with  the  secretary  of  state 
of  the  certificate  hereinbefore  provided,  call  a  meeting  of  the  stockholders  of 
such  corporation,  for  the  purpose  of  electing  a  board  of  directors  of  such  cor- 
poration, which  board  of  directors  shall  hold  their  office  until  their  successors 
are  elected  and  qualified,  and  thereafter  a  board  of  directors  of  such  corpora- 
tion shall  be  elected  annually,  on  the  day  of  the  month  upon  which  the  election 
of  said  first  board  of  directors  elected  as  aforesaid  is  held,  unless  a  different 
day  for  holding  such  election  is  fixed  by  the  board  of  directors  of  such  cor- 
poration, by  Its  by-laws,  properly  adopted. 

§  12.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
§  13.     This  act  shall  take  effect  from  and  after  its  passage. 

History:     These   societies    were    first   pro-  Act   of   1897,    304,   as   amended   in   1901      An 

vided  for  in  this   form   by  Statute  1880    238  Act    nf    isr^o     L     '^'^ ^Y^^^^^'^   >"    1901-      An 

The  amendments  have  been  as  follows    188^'  tuL      .        '              ""^    *™^^    amended,    pro- 

30-  1885    ^q    I9fi-  isV?    «7  icon    -TO     ^In             •  ^^^      ^°''      agricultural      societies      which 

1893  28%  1895  ^4  100-  .1  .' J  '.''''  '''=  '^'^'''  ^^  ^°^"^'^'^  ^^  ^^^  ^^^^^  Pe^-^ons.  See 
1SJ3  283,  1895,  14-100;  aU  of  which  are  sup-  Stats.  1859,  104;  1862  37:  1869-70  31-  1877  8 
posed    to    be    superseded    by    the    foregoing       84.  '  ^^^^■^' 

AGRICULTURE— CEREAL  CROPS. 

To  provide  for  the  improvement  of  the  cereal  crops  of  California  and  appro- 
priating money  therefor. 

(Stats.  1905,  128,  ch.  CXXVL) 

§  1.  The  governor  of  the  state  of  California  is  hereby  directed,  and  it  is 
hereby  made  his  duty  to  cause  to  be  made  under  the  supervision  and  direction 
of  the  director  of  the  agricultural  experiment  station  of  the  University  of  Cali- 
fornia, such  investigation  and  experiments  as  he  may  deem  best,  for  the  pur- 
pose of  discovering  and  making  known  such  improved  methods  of  cereal 
culture  m  the  state  of  California  as  will  increase  the  yield  of  cereals  in  said 
state,  and  increase  the  percentage  of  gluten  in  said  cereals,  or  otherwise  im- 
prove the  quality  thereof.  The  said  governor  shall  have  the  exclusive  charge 
and  control  of  all  moneys  appropriated  hereby,  to  be  used  in  employing  such 
expert  and  scientific  assistants  as  he  may  deem  necessary,  and  for  the  paying 
of  the  expenses  of  carrying  on  the  experiments  and  investigations  herein  pro- 
vided for.  He  shall  from  time  to  time  publish  the  results  of  such  experimental 
and  investigational  work  as  may  have  been  done,  for  general  distribution. 

§  2.  The  sum  of  ten  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not  other- 
wise appropriated,  to  be  paid  to  the  governor  to  be  used  for  the  purposes  of 
this  act,  one  half  thereof  to  be  expended  during  the  fifty-seventh  fiscal  year 
and  one  half  thereof  to  be  expended  during  the  fifty-eighth  fiscal  year;  and  the 
controller  is  hereby  directed  to  draw  his  warrant  on  the  general  fund  from 
time  to  time  for  such  proportion  of  said  sum  of  ten  thousand  dollars,  and  in 


10  STATE  AGRICULTURAL   SOCIETIES. 

favor  of  snch  persons  as  the  governor  shall  direct;  and  the  state  treasurer  is 
hereby  empowered  and  directed  to  pay  the  same. 

§  3.  This  act  is  exempted  from  the  provisions  of  section  six  hundred  and 
seventy-two  of  the  Political  Code. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its 
passage. 

See  tit.   Mop«. 

AGRICULTURAL  SOCIETIES— STATE. 

To  authorize  state  agi-icultural  societies  under  the  control  of  the  state  to  sell 
property  held  by  them  in  fee,  or  held  by  trustees  for  their  use,  or  in  which 
they  may  have  any  interest ;  to  prescribe  a  course  of  procedure  therefor ; 
to  indemnify  purchasers  at  such  sale,  and  to  direct  how  the  proceeds  shall 
be  applied. 

(Stats.  1897,  30,  ch.  XXXIV;  amended  1899,  106,  ch.  XCII.) 
§  1.  AVhenever  any  state  agricultural  society  under  state  control  shall  desire 
to  sell  the  whole  or  any  portion  of  its  real  estate  held  by  it  in  fee,  or  by  a  trus- 
tee for  its  use,  or  in  which  it  may  have  any  title,  interest,  or  claim,  it  shall  be 
lawful  for  such  society  or  association  to  file  its  complaint  in  the  superior  court 
of  the  county  in  which  such  lauds  are  situated,  setting  forth  the  nature  of  the 
title  under  which  the  land  to  be  affected  by  the  decree  of  the  court  is  held,  and 
what  claim  such  society  or  association  has  therein ;  and  that  it  is  the  desire  of 
such  society  or  association  to  sell  such  real  estate,  and  praying  for  judgment 
authorizing  it  to  sell  the  same.  In  such  action  the  trustee  or  trustees  holding 
title  in  trust  for  such  society  or  association,  or  their  successors,  or  the  survivor 
or  survivors  of  them,  or  such  other  persons  deriving  title  from  the  trustees,  as 
the  case  slmll  require,  shall  be  made  parties  defendant;  and  upon  the  service 
of  the  summons  upon  such  defendants  personally  or  by  publication,  or  upon 
their  appearance,  the  court  shall  have  full  jurisdiction  in  the  premises.  Such 
society  or  association  may  include  as  defendants  in  such  action  in  addition  to 
such  persons  or  parties  as  appear  of  record  to  have,  and  other  persons  or 
parties  who  are  known  to  have,  some  claim  in  or  lien  on  the  lands  described  in 
the  complaint;  also  all  other  persons  or  parties  unknown,  claiming  any  right, 
interest,  or  lien  in  such  land,  and  the  plaintiff  may  describe  such  defendants  in 
the  complaint  as  follows : 

"Also  all  other  persons  or  parties,  unknown,  claiminfr  any  right,  title,  estate, 
lien,  or  interest  in  the  real  estate  described  in  the  complaint  herein."  Service 
of  the  summons  may  be  had  upon  all  such  unknown  persons  or  parties  defend- 
ant by  publication,  as  provided  by  law  in  case  of  non-resident  defendants.  All 
such  unknown  persons  or  parties  so  served  shall  have  the  same  rights  as  are 
provided  by  law  in  case  of  all  the  other  defendants  upon  whom  service  is  made 
by  publication  or  personally  and  the  action  shall  proceed  against  such  un- 
known persons  or  parties  in  the  same  manner  as  against  the  defendants  who 
are  named,  upon  whom  service  is  made  by  publication,  and  with  like  effect : 
and  any  such  unknown  persons  or  parties  who  have  or  claim  any  right,  estate, 
lien,  or  interest  in  the  said  property  in  controversy  at  the  time  of  the  com- 
mencement of  the  action,  duly  served  as  aforesaid,  shall  be  bound  and  con- 
cluded by  the  judgment  in  snch  action  as  effectually  as  if  the  action  was 


STATE  AGRICULTURAL    SOCIETIES.  H 

•brought  against  such  defendant  by  his  or  her  name,  and  personal  service  of 
the  summons  obtained,  notwithstanding  any  such  unknown  person  may  be 
under  legal  disability.  The  court  shall  have  full  power  and  authority  to  order 
the  property  sold.  In  case  of  a  sale,  the  court  shall  appoint  a  commissioner  to 
make  the  sale,  and  shall  direct  the  manner  in  which  the  sale  shall  be  conducted; 
provided,  that  when  any  property  is  held  in  trust  by  any  such  agricultural 
society  or  association,  such  property  held  in  trust  shall  be  sold  separately  from 
any  that  may  be  held  in  fee.  The  commissioner  shall  make  a  report  of  sale  to 
the  court,  which,  after  such  notice  as  it  may  deem  proper,  shall  proceed  to  hear 
the  same,  and  if  it  finds  that  the  sale  was  fairly  conducted,  and  the  price  bid 
was  proportionate  to  the  value  of  the  land  sold,  it  shall  make  and  enter  a 
decree  confirming  the  sale,  and  directing  the  commissioner  to  execute  a  deed  to 
the  purchaser.  The  deed  executed  by  said  commissioner,  under  and  in  pursu- 
ance of  the  decree  of  the  court,  shall  be  valid  and  effectual  to  convey  to  the 
purchaser  an  absolute  title  in  fee  simple  to  the  premises ;  provided,  however, 
that  before  the  filing  of  any  such  complaint  in  the  superior  or  any  other  court, 
it  shall  be  necessary  for  such  agricultural  society,  or  any  person  or  corporation 
claiming  the  title  to  such  land,  to  prepare,  sign,  and  properly  acknowledge  a 
good  and  sufficient  deed  or  deeds  sufficient  to  vest  in  the  state  all  title,  interest, 
or  claim  which  such  society  may  have  in  and  to  any  land  to  be  affected  by  the 
proceedings  hereby  authorized  to  be  instituted;  such  deed  or  deeds  to  be  con- 
ditioned that  the  title,  claim,  or  interest  of  such  society  embraced  in  such  deed 
or  deeds  shall  be  held  by  the  state  of  California  in  trust  for  the  benefit  of  such 
society;  which  said  deed  or  deeds  shall  be  deposited  with  the  state  treasurer, 
to  be  by  him  held  in  escrow  pending  the  final  conclusion  of  such  proceedings 
in  such  court.  If  the  court  in  which  such  proceedings  are  had  shall  order  such 
land  to  be  sold,  as  herein  provided  for,  the  state  treasurer  shall  forthwith  file 
such  deed  or  deeds  with  the  county  recorder  of  the  county,  or  city  and  county, 
in  which  such  land  is  located.  If  there  be  any  liens  upon  or  claims  against  the 
property,  the  court  shall  order  them  paid  out  of  the  proceeds  of  sale.  The 
residue  remaining,  after  paying  the  costs  and  expenses  of  sale  and  such  liens 
and  claims  against  the  property  as  the  court  may  order  paid,  shall  be  paid  into 
the  state  treasury,  where  it  shall  remain  until  required  for  the  purchase  of 
other  property  for  the  use  of  such  society  or  association,  upon  the  order  of  the 
state  controller;  and  it  shall  be  drawn  therefrom  only  upon  authorization 
passed  by  the  board  of  directors  or  trustees  of  such  society  or  association,  by 
and  with  the  approval  of  the  state  board  of  examiners,  and  upon  warrants  duly 
drawn  by  the  state  controller.  If,  through  any  defects  in  the  proceedings,  or 
otherwise,  the  title  should  not  pass,  the  state  will  indemnify  the  purchaser  by 
repaying  to  him  the  amount  paid  by  him;  provided,  such  purchaser  or  pur- 
chasers shall  file  their  claim  or  claims  for  the  repayment  of  such  purchase  price 
with  the  state  board  of  examiners  within  five  j^ears  after  the  payment  of  such 
purchase  price  to  the  state  treasurer  in  the  first  instance.  The  surplus  of  pro- 
ceeds of  sale,  paid  into  the  state  treasury,  shall  be  drawn  out  on  certificate, 
signed  by  a  majority  of  the  directors,  or  governing  body  of  such  society  or 
association,  and  also  of  the  state  board  of  examiners,  stating  that  it  is  desired 
for  the  payment  for  other  property  for  the  use  of  such  agricultural  society; 
and  upon  receipt  of  such  certificate,  the  treasurer  shall  pay  to  the  said  direc- 


aa  STATE   AGRICLLTLRAL   SOCIETIES. 

tors,  or  governing'body,  or  person  designated  by  them,  all  or  such  part  of  such 
surplus  as  may  be  required  for  the  purchase  of  other  property ;  provided,  how- 
ever, that  if  all  or  any  portion  of  the  real  estate,  and  the  improvements  thereon 
held  by  any  state  agricultural  society  under  state  control,  shall  have  been 
acquired  in  the  name  of  such  society,  or  of  any  person,  association,  or  corpora- 
tion, in  trust  for  the  use  of  said,  or  any  other  agricultural  society,  originally, 
or  at  any  time,  by  the  use  of  money  derived  from  taxation  of  the  taxable  prop- 
erty of  any  city  and  county,  county,  or  city,  then,  and  in  that  event,  the  surplus 
proceeds  of  any  sale  of  such  property  shall  be  invested  in  other  real  estate, 
within  the  same  county,  or  city  and  county,  for  the  same  purpose,  and  not 
otherwise,  or  elsewhere.  It  is  expressly  provided  that  in  no  event  shall  the 
state  be  liable  for  the  payment  of  any  expense,  interest,  or  attorneys'  fees, 
incurred  by  any  one,  on  any  account,  by  or  on  behalf  of  any  such  agricultural 
society  in  their  behalf;  and  it  shall  be  incumbent  on  such  society  to  make  pro- 
vision for  the  payment  of  the  expenses,  costs,  attorneys'  fees,  and  any  interest 
that  may  be  necessary  to  be  paid  any  purchaser,  by  reason  of  repayment  of  any 
purchase  money  on  account  of  failure  of  title  to  such  lands;  such  provision 
for  the  payment  of  expenses,  attorney's'  fees,  costs,  and  anticipated  interest  to 
be  provided  for  prior  to  the  issue  of  any  summons,  or  order  of  publication  in 
any  action  contemplated  by  this  act.     [Amended,  Stats.  1899,  106.] 

§  2.  If  any  real  estate  contemplated  in  the  preceding  section,  purchased  by 
the  proceeds  of  taxes  levied  upon  and  collected  from  the  taxable  property  of 
any  city  and  county,  county,  or  city,  shall  have  been  ordered  sold,  as  in  said 
section  provided,  and  shall  have  been  offered  for  sale  in  the  mode  therein  speci- 
fied, for  a  period  of  sixty  days  or  more,  and  not  all  sold  for  want  of  an  adequate 
price,  the  board  of  directors,  or  governing  body  of  such  society  or  association, 
shall  be,  and  they  are  herebj'  authorized  and  empowered  to  exchange  all  or  any 
part  of  such  real  estate  for  other  land  suitable  for  the  use  of  such  society,  or 
association,  within  the  same  county,  or  city  and  county,  upon  such  terms  as 
may  be  reasonable  and  just,  and  the  deed  or  deeds  executed  for  the  conveyance 
of  such  real  estate  in  exchange  shall  be  executed  by  the  board  of  directors  of 
such  society  or  association,  or  a  majority  thereof,  and  by  the  commissioner 
appointed  in  the  proceedings  provided  for  in  the  preceding  section  for  the  sale 
of  such  property,  and  such  exchange  of  property  shall  be  subject  to,  and  with 
the  approval  of  a  judge  of  the  superior  court  of  the  county,  or  city  and  county, 
in  which  the  proceedings  provided  for  were  had.     [New  sec.  Stats.  1899,  108.] 

§  3.  In  case  of  the  exchange  of  any  portion  of  such  property,  as  provided 
for  in  section  two  hereof,  the  real  estate  received  in  such  exchange  shall  be 
subject  to  the  indemnification  of  any  person  who  shall  receive  any  of  the  said 
real  estate  of  said  agricultural  society  in  such  exchange  in  case  of  any  defect 
in  the  proceedings,  or  otherAvise,  whereby  the  title  to  such  real  estate  of  such 
society  should  not  pass,  and  in  such  case  of  exchange  the  state  of  California 
shall  be  absolved  from  any  obligation  to  pay  any  part  of  any  purchase  price, 
or  value  of  exchanged  property;  provided  further,  that  no  claims  for  failure  of 
title  for  any  reason  shall  be  entertained  after  five  years  from  the  date  of  such 
exchange.     [New  sec.  Stats.  1899,  109.] 


ALAMEDA    COUNTY — ALIENS    IN    PUBLIC    SERVICE.  13 

§  4.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

While  the  later  act  purports  to  "amend"  effect,  entirely  supersedes  the  former  act. 
the  Act   of  1897,  it  -will   be   seen   that   it,  in  See   California   State  Agricultural  Society. 

ALAMEDA  COUNTY— ADDITIONAL  JUDGE. 

To  provide  for  an  additional  judge  of  the  superior  court  of  the  county  of 

Alameda, 

(Stats.  1901,  295,  ch.  CXXXIV.) 

§  1.  The  number  of  the  judges  of  the  superior  court  of  the  county  of  Ala- 
meda is  hereby  increased  from  four  to  five. 

§  2.  Within  ten  days  after  the  passage  of  this  act  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Alameda,  who  shall 
hold  office  until  the  first  Monday  after  the  first  day  of  January,  A.  D.  nineteen 
hundred  and  three ;  and  at  the  next  general  election  one  judge  of  said  court, 
in  addition  to  the  present  number  provided  by  law  for  said  county,  shall  be 
elected  to  hold  office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3,  The  salary  of  said  one  additional  judge  shall  be  the  same  in  amount, 
and  shall  be  paid  at  the  same  time  and  in  the  same  manner  as  that  of  the  other 
judges  of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4,     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

The  nnmber  of  Judges  for  this  county  was  increased  by  Stats.  1881,  19,  ch.  XXIV;  and 
again  by  Stats.  1893,  3,  ch.  V. 

ALIENS— PUBLIC  SERVICE. 

To  secure  to  native-born  and  naturalized  citizens  of  the  United  States  the 
exclusive  right  to  be  emplo3'ed  in  any  department  of  the  state,  county,  city 
and  county,  or  incorporated  city  or  town  government  in  this  state. 

(Stats.  1901,  589,  ch.  CLXXXV.) 

§  1.  No  person,  except  a  native-born  or  naturalized  citizen  of  the  United 
States,  shall  be  employed  in  any  department  of  the  state,  county,  city  and 
county,  or  incorporated  city  or  town  government  in  this  state. 

§  2.  It  shall  be  unlawful  for  any  person,  whether  elected,  appointed  or  com- 
missioned to  fill  any  office  in  either  the  state,  county,  city  and  county,  or  incor- 
porated city  or  town  government  of  this  state,  or  in  any  department  thereof, 
to  appoint  or  employ  any  person  to  perform  any  duties  whatsoever,  except 
such  person  be  a  native-born  or  naturalized  citizen  of  the  United  States. 

§  3.  No  money  shall  be  paid  out  of  the  state  treasury,  or  out  of  the  treasury 
of  any  county,  or  city  and  county,  or  incorporated  city  or  town,  to  any  person 
employed  in  any  of  the  offices  mentioned  in  section  two  of  this  act,  except  such 
person  shall  be  a  native-born  or  naturalized  citizen  of  the  United  States. 

§  4.     This  act  shall  take  effect  immediately. 

See   Stats.   1880,    23,   ch.   XXXIV,   which   is  doubtless  superseded  by  this  statute. 
See  CItII  Rights;  Rights  of  Persons. 


14  ADMINISTERING   DRUGS   TO   ANIMALS. 

ALTURAS— TOWN  OF. 

To  change  the  name  of  a  town  in  Modoc  County. 
(Stats.  1875-6,  513,  ch.  CCCLXXL) 
§  1.     The  name  of  the  town  of  Dorris  Bridge,  in  the  county  of  Modoc,  shall 
hereafter  be  known  as  Alturas. 

§  2.     This  act  shall  take  effect  on  the  first  :&ronday  in  June,  A.  D.  eighteen 
hundred  and  seventy-six. 

See  Municipal   Corporations. 

ALVISO— TOWN  OF. 

See  Municipal  Corporations. 

ANALYSIS— FOODS,  WATERS,  ETC. 
See  Adulteration;  State  Analyst. 

ANIMALS— ADMINISTERING  DRUGS  TO. 

To  prevent  tampering  with  animals,  and  to  prevent  the  giving  or  administering 
of  poison  or  drugs  to  horses,  cattle,  dogs,  animals,  and  other  live  stock, 
except  for  medicinal  purposes,  and  making  the  same  a  misdemeanor. 
(Stats.  1901,  553,  ch.  CLXVIII.) 

§  1.  It  shall  be  unlawful  for  any  person  or  persons,  except  for  medicinal 
purposes,  to  administer  any  poison,  drug,  medicine,  or  other  noxious  substance, 
to  any  horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly, 
dog,  animals,  or  other  live  stock,  entered  or  about  to  be  entered  in  any  race  or 
upon  any  race-course  in  the  state  of  California,  or  entered  or  about  to  be  en- 
tered at  or  with  any  agricultural  park,  or  association,  race-course,  or  corpora- 
tion, or  other  exhibition  for  competition  for  prize,  reward,  purse,  premium, 
stake,  sweepstakes,  or  other  reward,  or  to  expose  any  such  poison,  drug,  medi- 
cine, or  noxious  substance,  with  intent  that  the  same  shall  be  taken,  inhaled, 
swallowed,  or  otherwise  received  by  any  horse,  stud,  mule,  ass,  mare,  horned 
cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other  live  stock,  with 
intent  to  impede  or  affect  the  speed,  endurance,  sense,  health,  physical  condi- 
tion, or  other  character  or  quality  of  such  above  mentioned  animal,  or  other 
live  stock. 

§  2.  It  shall  be  unlawful  for  any  person  or  persons  to  cause  to  be  taken  by 
or  placed  upon  or  in  the  body  of  any  horse,  stud,  mule,  ass,  mare,  horned  cattle, 
neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other  live  stock,  entered  or  about 
to  be  entered  in  any  race  upon  any  race-course  in  the  state  of  California,  or 
entered  or  about  to  be  entered  at  or  with  any  agricultural  park,  association, 
race-course  or  corporation,  or  other  exhibition  for  competition  for  prize, 
reward,  purse,  premium,  stake,  sweepstakes,  or  other  reward,  any  sponge, 
wood,  or  foreign  substance  of  any  kind,  with  intent  to  impede  or  affect  the 
speed,  endurance,  sense,  health,  physical  condition,  of  such  horse,  stud,  mule, 
ass,  mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other 
live  stock. 


ANiaiALS— CONTAGIOUS   DISEASES.  *^ 

§  3.  Any  person  or  persons  who  shall  violate  any  of  the  provisions  of  sec- 
tions one  or  two  of  this  act  shall  be  guilty  of  a  misdemeanor. 

§  4.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  5.     This  act  shall  take  effect  immediately. 

See   next   following   statutes. 

ANIMALS— CONTAGIOUS  DISEASES. 

To  prevent  the  spread  of  contagious  or  infectious  diseases  among  domestic 

animals. 

(Stats.  1893,  302,  ch.  CCXIX.) 

8  1  Any  person  or  persons,  company  or  corporation,  owning  or  having 
possession  or  control  of  any  animal  affected  by  any  contagious  or  infectious 
disease  who  shall  fail  to  keep  the  same  within  an  inclosure,  or  herd  the  same 
in  some  place  where  they  will  be  secure  from  contact  with  other  animals  of 
like  kind  not  so  affected,  or  who  shall  suffer  such  infected  animals  to  be  driven 
on  the  public  hicrhwav  or  to  range  where  they  will  be  likely  to  come  m  contact 
with  other  animals  not  so  affected,  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction,  punished  by  a  fine  of  not  more  than  five  hundred  dollars  for  each 
offense. 

§  2.     This  act  shall  take  effect  immediately. 

See    AnlmalH;    Sheep,    State    Veterinarlni. ,        See  monographic  note,   47  Am.   St.  Rep.   533, 
QUARANTINE    OF   DISEASED    ANIMALS.        ing.-See    48   L.    R.    A.   175. 

ANIMALS— CONTAGIOUS  DISEASES. 

To  prevent  the  spread  of  contagious  diseases  among  animals. 

(Stats.  1905,  317,  ch.  CCCIII.) 

5  1  Any  person  having  the  care,  custody  or  control  of  any  animal  that 
dies  from  tuberculosis,  glanders,  farcy,  Texas  f pver,  or  other  infectious  disease, 
shall  immediately  upon  the  death  of  such  animal  cremate  or  bury  the  same,  or 
cause  the  same  to  be  cremated  or  buried. 

8  2  Any  common  carrier  of  persons  or  freight  that  shall  transport  any 
animal  suffering  with  or  that  has  died  from  the  diseases,  or  any  of  them,  men- 
tioned in  section  one  of  this  act  a  greater  distance  than  is  necessary  to  transport 
such  animal  to  the  nearest  crematory,  shall  be  deemed  guilty  of  a  misdemeanor. 

8  3  No  animal  that  has  died  of  any  of  the  diseases  named  in  section  one  of 
this  act  shall  be  sold,  used  or  permitted  to  be  used  for  the  food  of  human 
beings  or  sold,  used  or  permitted  to  be  used  for  the  food  of  any  domestic  ani- 
mal or  fowl. 

§  4  Any  person,  firm  or  corporation  that  shall  violate  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  a  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  and  not  more 


18  ANI9IALS — CRUELTY    TO. 

than  five  liimdred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  term  not 
exceeding  one  hundred  and  eighty  days,  or  by  both  such  fine  and  imprisonment. 

§  5.     This  act  shall  take  effect  immediately. 

See  note  preceding  title. 

ANIMALS— CRUELTY  TO. 

For  the  more  effectual  prevention  of  cruelty  to  animals. 

(Stats.  1873-4,  499,  ch.  CCCXL;  amended  1901,  285,  ch.  CXXIII;  1903,  69,  ch. 
LXIII;  1905,  498,  ch.  CCCLXXXIX.) 

§  1.  Any  three  or  more  citizens  of  the  state  of  California,  who  have  hereto- 
fore, or  who  shall  hereafter,  incorporate  as  a  body  corporate,  under  the  general 
laws  for  incorporations  in  this  state,  for  the  purpose  of  preventing  cruelty  to 
animals,  may  avail  themselves  of  the  privileges  of  this  act ;  provided,  that  the 
corporate  body  first  formed  as  aforesaid  in  any  county,  shall  be  the  only  one 
so  entitled  to  the  benefits  and  privileges  of  this  act  in  said  county,  and  such 
society  or  corporation,  when  organized,  shall  have  power  to  take  and  hold  by 
gift,  purchase,  grant,  devise  or  bequest  any  property,  real  or  personal,  and  to 
use  and  dispose  of  the  same  at  pleasure.  But  such  corporation  shall  not  in  its 
corporate  capacity,  hold  real  estate  the  yearly  income  derived  from  which  .shall 
exceed  the  sum  of  ten  thousand  dollars.     [Amendment,  Stats.  1905,  498.] 

§  2.  The  said  societies  may  make  and  adopt  by-laws  governing  the  admis- 
sion of  associates  and  members,  providing  for  all  meetings,  and  for  assistant 
and  district  or  local  officers;  providing,  also,  for  means  and  systems  for  the 
effectual  attainment  of  the  objects  contemplated  by  this  act;  for  the  regulation 
and  management  of  its  business  affairs,  and  for  the  effectual  working  of  the 
societies ;  prescribing,  also,  the  duties  of  all  their  officers ;  for  the  outlay  of  all 
moneys  and  the  auditing  all  accounts;  provided,  that  such  by-laws  shall  not 
conflict  with  the  laws  of  the  state  of  California,  or  of  the  United  States,  or 
with  any  provisions  of  this  act. 

§  3.  Said  societies  shall  elect  officers  and  fill  vacancies  according  to  the  pro- 
visions of  their  by-laws. 

§4.  All  sheriffs,  constables,  police  and  peace  officers  are  empowered  and 
directed  to  make  arrests  for  the  violation  of  any  of  the  provisions  of  this  act, 
which  by  this  act  is  denominated  a  misdemeanor,  in  the  same  manner  as  is  by 
law  provided  for  arrests  in  all  cases  of  misdemeanors.  [Amendment,  Stats. 
1901,  285.] 

§  5.  All  members  and  agents,  and  all  officers  of  each  or  any  of  the  societies 
so  incorporated,  as  shall  by  the  trustees  of  said  societies  be  duly  authorized  in 
writing,  approved  by  a  judge  of  the  superior  court  of  the  county,  and  sworn 
in  the  same  manner  as  are  constables  and  peace  officers,  shall  have  power  to 
lawfully  interfere  to  prevent  the  perpetration  of  any  act  of  cruelty  upon  any 
dumb  animal,  and  may  use  such  force  as  may  be  necessary  to  prevent  the  same, 
and  to  that  end  may  summon  to  their  aid  any  bystander;  they  may  make 
arrests  for  the  violation  of  any  of  the  provisions  of  this  act  in  the  same  manner 
as  is  heroin  provided  for  other  officers;  and  may  carry  the  same  weapons  that 


CRUELTY  TO  ANIMAJLS— WHAT  IS.  17 

such  officers  as  are  named  in  section  four  of  this  act  are  authorized  to  carry; 
provided,  that  all  such  members  and  agents  shall,  when  making  such  arrests, 
exhibit  it  and  expose  a  suitable  badge  to  be  adopted  by  said  society.  All  per- 
sons resisting  said  specially  appointed  officers,  as  such,  shall,  upon  conviction, 
be  deemed  guilty  of  a  misdemeanor.     [Amendment,  Stats.  1901,  285.] 

§  6.  Any  person  who  overdrives,  overloads,  drives  when  overloaded,  over- 
works, tortures,  torments,  deprives  of  necessary  sustenance,  drink  or  shelter, 
cruelly  beats,  mutilates,  or  cruelly  kills  any  animal,  or  causes  or  procures  any 
animal  to  be  so  overdriven,  overloaded,  overworked,  tortured,  tormented, 
deprived  of  necessary  sustenance,  drink  or  shelter,  or  to  be  cruelly  beaten, 
mutilated  or  cruelly  killed;  and  whoever,  having  the  charge  or  custody  of  any 
animal,  either  as  owner  or  otherwise,  subjects  any  animal  to  needless  suffering, 
or  inflicts  unnecessary  cruelty  upon  the  same,  or  in  any  manner  abuses  any 
animal,  or  fails  to  provide  the  same  with  proper  food,  drink,  shelter  or  protec- 
tion from  the  weather,  or  who  cruelly  drives,  rides  or  otherwise  uses  the  same 
when  unfit  for  labor,  shall  for  every  such  offense,  upon  conviction,  be  deemed 
guilty  of  a  misdemeanor.     [Amendment,  Stats.  1901,  285.] 

§  7.  If  any  person  shall  carry,  or  cause  to  be  carried,  in  or  upon  any  vehicle, 
or  otherwise,  any  domestic  animal,  in  a  cruel  or  inhuman  manner,  or  knowingly 
and  wilfully  authorizes  or  permits  the  same  to  be  subjected  to  unnecessary 
torture,  suffering,  or  cruelty  of  any  kind,  shall,  upon  conviction,  be  deemed 
guilty  of  a  misdemeanor;  and  whenever  any  such  person  shall  be  taken  into 
custody  therefor  by  any  officer,  such  officer  may  take  charge  of  such  vehicle 
and  its  contents,  together  with  the  horse  or  team  attached  to  said  vehicle  and 
deposit  same  in  some  safe  place  of  custody ;  and  any  necessary  expenses  which 
may  be  incurred  for  taking  care  of  and  keeping  the  same,  shall  be  a  lien 
thereon,  to  be  paid  before  the  same  can  be  lawfully  recovered ;  and  if  the  said 
expenses,  or  any  part  thereof,  remain  unpaid,  they  may  be  recovered,  by  the 
person  incurring  the  same,  of  the  owner  of  said  domestic  animal,  in  any  action 
therefor. 

§  8.  Any  person  who  shall  cause  any  bull,  bear,  cock,  dog,  or  other  animal 
to  fight,  for  his  amusement  or  for  gain,  worry  or  injure  each  other;  or  any 
person  who  shall  permit  the  same  to  be  done  on  any  premises  under  his  charge 
or  control ;  and  any  person  who  shall  aid,  abet,  or  be  present  at  such  fighting 
and  worrying  of  such  animal,  as  a  spectator,  shall,  upon  conviction,  be  deemed 
guilty  of  a  misdemeanor. 

§  9.  Whoever  owns,  possesses,  keeps,  or  trains  any  bird  or  animal,  with  the 
intent  that  such  bird  or  animal  shall  be  engaged  in  an  exhibition  of  fighting,  or 
is  present  at  any  place,  building,  or  tenement,  where  preparations  are  being 
made  for  an  exhibition  of  the  fighting  of  birds  or  animals,  with  the  intent  to 
be  present  at  such  exhibition,  or  is  present  at  such  exhibition,  shall,  upon  con- 
viction, be  deemed  guilty  of  a  misdemeanor. 

§  10.  "When  complaint  is  made,  on  oath,  to  any  magistrate  authorized  to 
issue  warrants  in  criminal  cases,  that  the  complainant  believes  that  any  of  the 
provisions  of  law  relating  to  or  in  any  way  affecting  dumb  animals,  are  being 
or  are  about  to  be  violated  in  any  particular  building  or  place,  such  magistrate 

Gen.  Laws — 2 


IS  CRUELTY    TO    AMMALS— WTIAT    IS. 

shall  issue  and  deliver  immediately  a  warrant  directed  to  any  sheriff,  eon- 
stable,  police  officer,  or  officer  of  any  incorporated  association,  qualified  as 
provided  in  the  fifth  section  of  this  act,  authorizing  him  to  enter  and  search 
such  building  or  place,  and  to  arrest  any  person  or  persons  there  present  vio- 
lating or  attempting  to  violate  any  law  relating  to  or  in  any  way  affecting 
dumb  animals,  and  to  bring  such  person  or  persons  before  some  court  or  magis- 
trate of  competent  jurisdiction,  within  the  city,  city  and  county,  or  township 
within  which  such  offense  has  been  committed,  to  be  dealt  with  according  to 
law,  and  such  attempt  shall  be  held  to  be  a  violation  of  section  six  of  this  act. 
[Amendment,  Stats.  1901,  286.] 

§  11.  Any  sheriff,  constable,  police  or  peace  officer,  or  officer  qualified,  as 
provided  in  section  five  of  this  act,  may  enter  any  place,  building  or  tenement, 
where  there  is  an  exhibition  of  the  fighting  of  birds  or  animals,  or  where 
preparations  are  being  made  for  such  an  exhibition,  and,  without  a  warrant, 
arrest  all  persons  there  present. 

§  12.  Any  person  who  shall  impound,  or  cause  to  be  impounded  in  any 
pound  any  domestic  animal,  shall  supply  the  same  during  such  confinement 
wnth  a  sufficient  quantity  of  good  and  wholesome  food  and  water,  and  in 
default  thereof,  shall,  upon  conviction,  be  deemed  guilty  of  a  misdemeanor.  In 
case  any  domestic  animal  shall  be  at  any  time  impounded,  as  aforesaid,  and 
shall  continue  to  be  without  necessary  food  and  water  for  more  than  twelve 
consecutive  hours,  it  shall  be  lawful  for  any  person,  from  time  to  time,  as  it 
shall  be  deemed  necessary,  to  enter  into  and  upon  any  pound  in  which  any 
such  domestic  animal  shall  be  confined,  and  supply  it  with  necessary  food  and 
water  so  long  as  it  shall  remain  so  confined.  Such  person  shall  not  be  liable  to 
any  action  for  such  entry,  and  the  reasonable  cost  of  such  food  and  water  may 
be  collected  by  him  of  the  owner  of  such  animal,  and  the  said  animal  shall  not 
be  exempt  from  levy  and  sale  upon  execution  issued  upon  a  judgment  therefor. 

§  13.  Every  owner,  driver,  or  possessor  of  any  animal,  who  shall  permit  the 
same  to  be  in  any  building,  inclosure,  lane,  street,  square,  or  lot,  of  any  city, 
city  and  county,  or  township,  without  proper  care  and  attention,  shall,  on  con- 
viction, be  deemed  guilty  of  misdemeanor.  And  it  shall  be  the  duty  of  any 
peace  officer,  or  officer  of  the  humane  soeietj^  to  take  posession  of  the  animal 
so  abandoned  or  neglected  and  care  for  the  same  until  it  is  redeemed  by  the 
owner  or  claimant,  and  the  cost  of  caring  for  such  animal  shall  be  a  lien  on  the 
same  until  the  charges  are  paid.  Every  sick,  disabled,  infirm,  or  crippled 
animal  which  shall  be  abandoned  in  any  city,  city  and  county,  or  township, 
may,  if  after  due  search  no  owner  can  be  found  therefor,  be  killed  by  such 
officer ;  and  it  shall  be  the  duty  of  all  peace  officers,  or  an  officer  of  said  society, 
to  cause  the  same  to  be  killed  on  information  of  such  abandonment.  Such 
officer  may  likewise  take  charge  of  any  animal  that  by  reason  of  lameness, 
sickness,  feebleness,  or  neglect,  is  unfit  for  the  labor  it  is  performing,  or  that 
in  any  other  manner  is  being  cruelly  treated ;  and,  if  such  animal  is  not  th«^n 
in  the  custody  of  its  owner,  such  officer  shall  give  notice  thereof  to  such 
owner,  if  known,  and  may  provide  suitable  care  for  such  animal  until  it  is 
deemed  to  be  in  a  suitable  condition  to  be  delivered  to  such  owner,  and  any 
necessary  expenses  which  may  be  incurred  for  taking  care  of  and  keeping  the 


CRUELTY  TO   ANIMALS — SOCIETIES   PREVENTIIVG.  10 

same  shall  be  a  lien  thereon,  to  be  paid  before  the  same  can  be  lawfully  recov- 
ered.    [Amendment,  Stats.  1901,  286.] 

§  14.  It  shall  be  the  duty  of  the  society  first  organized  and  incorporated  as 
herein  provided,  in  each  city  and  county,  or  county,  to  actively  engage  in 
enforcing  the  provisions  of  this  act,  and  arresting  and  prosecuting  offenders 
thereunder,  and  in  preventing  cruelty  to  animals.  Every  person  convicted  of 
any  misdemeanor  under  this  act,  shall  be  punished  as  in  law  provided  for  the 
punishment  of  misdemeanors,  and  all  fines  and  forfeitures  imposed  and  col- 
lected in  any  count}-,  or  citj^  and  county,  under  the  provisions  of  this  act  shall 
inure  to  the  society  in  said  county,  or  city  and  county,  organized  and  incor- 
porated as  herein  provided,  in  aid  of  the  benevolent  object  for  which  it  is 
incorporated,  and  in  addition  to  said  fines,  the  said  society  so  organized  and 
incorporated,  may,  in  each  city,  or  city  and  county,  or  county,  where  such 
society  exists,  while  actively  engaged  in  enforcing  the  provisions  of  this  act, 
or  arresting,  or  prosecuting  offenders  thereunder,  or  preventing  cruelty  to 
animals,  be  paid,  as  compensation  therefor,  from  the  county,  or  city  and 
county,  general  fund  by  the  board  of  supervisors,  a  sum  not  to  exceed  one  hun- 
dred and  fifty  dollars  per  month,  in  the  same  manner  as  other  claims  against 
said  county,  or  city  and  county,  are  paid.  [Amendment,  Stats.  1903,  69;  also, 
Stats.  1901,  287. 

§  15.  All  prosecutions  for  the  violation  of  any  of  the  provisions  of  this  act 
shall  be  conducted  and  prosecuted  in  a  court  of  competent  jurisdiction,  and 
any  member  of  said  society  authorized,  as  provided  in  section  five  of  this  act, 
may  appear  and  prosecute  in  any  of  said  courts,  for  any  violation  of  any  of 
the  provisions  of  this  act,  whether  or  not  he  be  an  attorney  or  counselor  at  law ; 
provided,  that  all  such  prosecutions  shall  be  conducted  in  the  name  of  the 
people  of  the  state  of  California. 

§  16.  In  this  act  the  singular  shall  include  the  plural;  the  word  ''animal" 
shall  be  held  to  include  every  living  dumb  creature;  the  words  "torture," 
"torment,"  and  "cruelty,"  shall  be  held  to  include  every  act,  omission,  or 
neglect  whereby  unnecessary  or  unjustifiable  physical  pain  or  suffering  is 
caused  or  permitted,  and  the  words  "owner"  and  "person"  shall  be  held  to 
include  corporations  as  well  as  individuals;  and  the  knowledge  and  acts  of 
agents  of  and  persons  employed  by  corporations,  in  regard  to  animals  trans- 
ported, owned,  or  employed  by,  or  in  the  custody  of  such  corporations,  shall 
be  held  to  be  the  act  and  knowledge  of  such  6orporations  as  well  as  such  agent 
or  employees. 

§  17.  No  part  of  this  act  shall  be  deemed  to  interfere  with  any  of  the  laws 
of  this  state  known  as  the  "game  laws,"  or  any  laws  for  the  destruction  of 
certain  birds ;  nor  shall  this  act  be  deemed  to  interfere  with  the  right  to  destroy 
any  venomous  reptiles,  or  any  animal  known  as  dangerous  to  life,  limb,  or  prop- 
erty, or  to  interfere  with  the  right  to  kill  all  animals  used  for  food,  or  with 
any  properly  conducted  scientific  experiments  or  investigations,  which  experi- 
ments or  investigations  shall  be  performed  only  under  the  authority  of  the 
faculty  of  some  regularly  incorporated  medical  college  or  university  of  the 
state  of  California. 


ao  CRUELTY   TO    AXIMAL.S — DOCKING,    ETC. 

§  18.  The  act  entitled  "An  act  for  the  more  effectual  prevention  of  cruelty 
to  animals,"  approved  March  thirtieth,  eighteen  hundred  and  sixty-eight,  and 
amendments  thereto,  approved  March  fifteenth,  eighteen  hundred  and  seventy- 
two,  are  hereby  repealed. 

§  19.  This  act  shall  take  effect  from  and  after  its  passage. 
§  20.  Whoever  shall  cut  the  solid  part  of  the  tail  of  any  horse  in  the  opera- 
tion known  as  "docking,"  or  by  any  other  operation  performed  for  the  pur- 
pose of  shortening  the  tail,  and  whoever  shall  cause  the  same  to  be  done,  or 
assist  in  doing  such  cutting,  shall,  upon  conviction,  be  deemed  guilty  of  a 
misdemeanor.     [New  sec.  Stats.  1901,  287.] 

§  21.  Every  animal  which  is  unfit,  by  reason  of  its  physical  condition,  for 
the  purpose  for  which  such  animals  are  usually  employed,  and  when  there  is 
no  reasonable  probability  of  such  animal  ever  becoming  fit  for  the  purpose  for 
which  it  is  usually  employed,  shall  be  by  the  owner  or  lawful  possessor  of  the 
same,  deprived  of  life  within  twelve  hours  after  being  notified  by  any  peace 
officer,  or  officer  of  said  society,  to  kill  the  same,  and  such  owner,  possessor,  or 
person  omitting  or  refusing  to  comply  with  the  provisions  of  this  section,  shall 
upon  conviction,  be  deemed  guilty  of  a  misdemeanor,  and  after  such  conviction 
the  court  or  magistrate  having  jurisdiction  of  such  offense  shall  order  any 
peace  officer,  or  officer  of  said  society,  to  immediately  kill  such  animal;  pro- 
vided, that  this  shall  not  apply  to  such  owner  keeping  any  old  or  diseased 
animal  belonging  to  him  on  his  own  premises  with  proper  care.  [New  sec. 
Stats.  1901,  287.] 

§  22.  Any  person  or  persons  holding  a  Hen  or  liens  against  any  animal  or 
animals  under  the  provisions  of  this  act  may  satisfy  such  lien  as  follows :  If 
such  lien  be  not  paid,  by  the  party  or  parties  responsible,  within  three  days 
after  the  obligation  becomes  due,  then  the  party  or  parties  holding  such  lien 
may  resort  to  the  proper  court  to  satisfy  the  claim ;  or  he  or  they,  three  days 
after  the  charges  against  such  property  becomes  due,  may  sell  the  same,  or 
such  undivided  fraction  thereof  as  may  become  necessary,  to  defray  the  amount 
due  and  costs  of  sale,  by  giving  three  days'  notice  of  the  sale  by  advertising  in 
some  newspaper  published  in  the  county,  or  city  and  county,  in  which  the  lien 
has  attached  to  the  property;  or,  if  there  is  no  paper  published  in  the  county, 
then  by  posting  notices  of  the  sale  in  three  of  the  most  public  places  in  the  town 
or  township  for  three  days  previous  to  the  sale.  Said  notices  shall  contain  an 
accurate  description  of  the  property  to  be  sold,  together  with  the  terms  of  sale, 
which  must  be  for  cash,  payable  on  the  consummation  of  the  sale.  The  pro- 
ceeds of  the  sale  must  be  applied  to  the  discharge  of  the  lien  and  the  costs  of 
sale ;  the  remainder,  if  any,  must  be  paid  over  to  the  owner,  if  known,  and  if 
not  known  must  be  paid  into  the  treasury  of  the  humane  society  of  the  county, 
or  city  and  county,  wherein  the  sale  takes  place;  if  no  humane  society  exists 
in  the  county,  then  the  remainder  shall  be  paid  into  the  county  treasury.  [New 
sec.  Stats.  1901,  287.] 

A»  to  TTlint  conMtitiiten  cruelty  to  animals,  Ordlnnnoe  to  prevent,  under  power  to  pro- 
see  note  47  Am.  Rep.  310.  hibit   nuisance. — See   39   L.    R.  A.   520. 

DoKs    within     net     prohibiting    crueUy. —  ShootioK  dores  from  trnps. — See   33   L.   R. 

See  39  L.  R.  A.  709.  A.    836. 

See    KERR'S    CYC.    CIVIL    CODE    §§  607-  Shooting   piKeona    at   matchea. — See    11    L. 

607g.  R.    A.    522. 


bristle:  bur — dogs  and  estrays.  ai 

ANIMALS— CRUELTY  TO— BRISTLE  BUR. 

To  prohibit  the  use  of  the  bristle  bur,  tack  bur,  or  other  like  devices  on  horses 

or  other  animals  in  this  state. 

(Stats.  1903, 139,  ch.  CXXIX.) 

§  1.  It  shall  be  unlawful  hereafter  in  this  state  for  any  one,  owner,  driver 
or  other  person,  having  the  care,  custody  or  control  of  any  horse  or  other  ani- 
mal, to  use  what  is  known  as  the  bristle  bur,  tack  bur,  or  other  like  device,  by 
whatsoever  name  kno-\\Ti  or  designated,  on  any  said  horse  or  other  animal  for 
any  purpose  whatsoever. 

§  2.  A  violation  of  the  provisions  of  this  act  shall  be  deemed  a  misdemeanor, 
and  any  one  found  guilty  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  two  hundred  and  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  ten  nor  more  than  one  hundred  and 
seventy-five  days,  or  may  be  punished  by  both  such  fine  and  imprisonment. 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed, 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ANIMALS— DOGS. 

To  protect  sheep,  Angora  goats,  etc.,  and  authorizing  the  killing  of  dogs  found 

worrying  them. 

(Stats.  1865-6,  225,  ch.  CCXXVIL) 

inperneded.  —  See    KERR'S     CYC.     CIVIL  See  also  subd.  27  §25  County  Government 

CODE  §3341;  Johnson  vs.  McConnell,  80  Cal.       Act   of   1897. 
545,   22  Pac.  Rep.   219. 

ANIMALS— ESTRAY. 

Relating  to  estrays,  providing  for  taking  them  up  and  giving  a  lien  on  them 
for  all  damages,  costs,  and  expenses  incurred  by  reason  of  taking  them  up, 
and  repealing  all  other  acts  and  parts  of  acts  now  in  force  relating  to 
estrays. 

(Stats.  1901,  603,  eh.  CXCVII;  amended,  Stats.  1905,  395,  ch.  CCCXXXVIIL) 

§  1.  Any  person  finding  at  any  time  any  estray  domestic  animal  or  animals 
upon  his  premises,  or  upon  premises  to  which  he  has  the  right  of  possession,  or 
upon  highways  adjacent  thereto,  may  take  up  the  same  and  have  a  lien  thereon 
for  all  expenses  incurred  and  costs  in  keeping  and  caring  for  said  animal  or 
animals,  as  hereinafter  provided;  and  no  person  shall  remove  them  from  the 
possession  of  the  taker-up,  or  from  the  possession  of  the  officer  to  whom  they 
may  have  been  delivered,  except  as  hereinafter  provided. 

§  2.  Any  person  taking  up  an  estray  animal,  or  animals,  shall  confine  the 
same  in  a  secure  place,  and  shall  notify  the  owner  thereof  in  writing  if  known 
or  if  the  owner  is  unknown  within  five  days  file  with  the  county  recorder  of 
the  county  in  which  such  estray  is  found,  a  notice  containing  a  description  of 
the  animal,  or  animals,  taken  up,  with  the  marks  and  brands,  if  they  have  any. 


22  ESTRAYS — PROCEDURE  ON  TAKIAG  UP. 

together  with  the  probable  value  of  each  animal,  and  a  statement  of  the  place 
where  the  taker-up  found,  and  where  he  has  confined  the  same. 

The  county  recorder  shall  receive  for  filing  said  notice  the  sum  of  fifty  cents, 
and  shall  keep  said  notice  on  file  in  his  office  for  five  years,  and  at  the  expira- 
tion of  said  period  of  five  years,  may  return  the  same  to  the  person  at  whose 
request  the  same  was  filed,  and  on  the  failure  of  such  person,  or  his  representa- 
tive, to  make  demand  therefor  within  sixty  days  after  the  expiration  of  said 
period  of  five  years,  may  remove  the  same  from  the  files  of  said  office  and 
destroy  the  same.     [Amendment,  Stats.  1905,  395.] 

§  3.  At  any  time  within  thirty  daj's  from  the  date  of  the  filing  of  the  notice 
specified  in  section  two  of  this  act,  any  person  claiming  such  estray  animal  or 
animals  shall  appear  and  demand  from  the  taker-up  the  possession  thereof,  and 
shall,  at  the  same  time,  pay  to  the  taker-up  all  damages,  expenses  and  costs 
incurred  by  reason  of  taking  up  such  animal  or  animals,  and  upon  receiving 
such  damages,  expenses  and  costs,  the  taker-up  shall  immediately  deliver  to 
the  party  claiming  such  animal  or  animals  the  possession  thereof.  Such  dam- 
ages, expenses  and  costs  shall  be  estimated  as  follows,  to  wit : 

1.  The  total  amount  paid  by  the  taker-up  to  the  countj'  recorder; 

2.  The  sum  of  fifteen  cents  per  day  for  the  keeping  and  care  of  each  horse, 
mule,  jenny,  ass,  cow,  bull,  ox,  steer,  or  calf; 

3.  The  sum  of  five  cents  per  day  for  the  keeping  and  care  of  each  sheep,  goat, 
hog,  or  other  animal  not  hereinbefore  specified ;  provided,  that  the  taker-up 
of  said  animal  or  animals  must  properly  feed  and  water  the  same  while  under 
his  care ;  and  if  he  fail  so  to  do  shall  forfeit  all  right  of  lien  thereon. 

§  4.  If  the  party  claiming  such  estray  animal  or  animals  is  dissatisfied  with 
the  amount  charged  by  the  taker-up  for  costs  and  expenses,  he  shall  tender  to 
the  taker-up  the  proper  amount  therefor,  and  if  the  said  tender  be  refused,  the 
party  claiming  such  estray  animal  or  animals  shall  within  ten  days  thereafter 
commence,  in  the  proper  court,  suit  against  the  taker-up  for  the  recovery  of 
the  possession  of  such  estray  animal  or  animals,  in  which  said  action  the 
taker-up  may  set  forth  his  expenses  and  costs,  and  said  matter,  together  with 
accruing  expenses  and  costs  to  the  time  of  the  entry  of  the  judgment,  shall  be 
determined  by  the  court  in  accordance  with  the  provisions  of  this  act,  and  the 
amount  of  all  such  expenses  and  costs,  and  the  costs  of  said  action  shall  be 
included  in  any  judgment  awarded  by  said  court,  and  such  costs  in  said  action 
shall  be  in  favor  of  the  plaintiff  in  said  action  and  against  said  defendant,  if 
the  court  shall  find  that  the  amount  tendered  by  the  plaintilf  to  the  defendant 
was  not  less  than  the  proper  amount :  otherwise  said  costs  shall  be  in  favor  of 
the  defendant  and  against  the  plaintitT.  Without  the  consent  of  defendant  in 
any  such  action,  no  return  of  such  animal  or  animals  shall  be  adjudged  until 
the  plaintiff  shall  pay  to  defendant  or  deposit  in  court  payable  to  him,  the 
amount  of  all  such  expenses  and  costs  in  said  action;  and  in  case  such  payment 
or  deposit  be  not  made  within  ten  days  after  the  same  shall  have  been  deter- 
mined by  the  court,  or  said  action  be  not  prosecuted  with  diligence ;  then  the 
said  action  may  be  dismissed  on  motion  of  defendant  without  notice;  in  case  of 
such  dismissal,  the  defendant  shall  have  judgment  for  his  costs.    In  any  such 


ESTRAYS — OWNER  NOT  APPEARING — SALE.  23 

action  for  plaintiff  to  recover,  it  shall  be  incumbent  on  him  to  establish  an 
existing  right  in  himself  to  the  possession  of  such  animal  or  animals. 

§  5,  If  no  person  appears  and  claims  the  animal  or  animals  taken  up  within 
thirty  days  after  the  filing  of  the  notice  hereinbefore  mentioned  in  section  three 
of  this  act ;  or  if  a  person  does  appear  and  claim  the  animal  or  animals  taken 
up  within  thirty  days  after  the  filing  of  the  notice  above  referred  to,  but  shall 
fail  to  pay  to  the  taker-up  the  expenses  and  costs  as  provided  in  section  three 
of  this  act,  and  shall  fail  to  commence  and  prosecute  with  diligence  an  action 
for  the  recovery  of  the  possession  of  such  estray  animal  or  animals  within  the 
time  required  by  section  four  of  this  act ;  or  if  said  action  shall  be  dismissed ; 
then  the  taker-up  shall,  in  writing,  notify  a  constable,  or  other  officer  of  the 
township  or  county  in  which  said  animal  or  animals  are  held,  which  notice  shall 
specify  that  he  has  complied  with  all  the  provisions  of  this  act,  and  that  a  claim- 
ant of  said  animal  or  animals  has  failed  to  appear  and  claim  the  same  as  herein 
provided,  or  if  he  has  appeared  that  he  has  failed  to  pay  the  expenses  and  costs 
and  has  failed  to  commence  or  prosecute  with  diligence  an  action  for  the  re- 
covery of  the  possession  of  such  animal  or  animals  within  the  time  and  in  the 
manner  provided  for  in  this  act,  or  that  said  action  has  been  dismissed,  and  that 
such  animal  or  animals  are  held  by  him  subject  to  sale.  Said  constable,  or 
officer,  shall  immediately  proceed  to  sell  such  animal  or  animals  at  public  sale, 
in  conformity  with  the  law  concerning  sales  on  execution,  and  shall  be  entitled 
to  the  same  fees  as  are  provided  by  law  for  sales  under  execution.  I 

§  6.  Out  of  the  money  realized  from  the  sale  of  estrays,  the  constable  or 
other  officer  shall  first  retain  his  fees ;  he  shall  then  pay  to  the  taker-up  his 
expenses  and  costs  estimated  as  provided  in  section  three  of  this  act,  or  so  much 
thereof  as  the  funds  in  his  hands  will  permit,  and  the  surplus,  if  any,  he  shall 
pay  to  the  county  treasurer,  to  be  held  by  him  for  the  owner  of  the  estray  or 
estrays  for  which  it  was  received  in  payment.  If  any  person  or  persons  shall, 
within  one  year  thereafter,  prove  to  the  satisfaction  of  the  board  of  supervisors 
of  the  county  in  which  the  estray  or  estrays  were  sold,  that  he  or  they  are 
entitled  to  the  sum  so  held  by  the  county  treasurer,  or  any  part  thereof,  the 
said  board  of  supervisors  shall  order  such  sum  to  be  paid  over  to  the  person  or 
persons;  and  if  not  so  proven  within  one  year,  then  the  same  shall  become  a 
part  of  the  common  school  fund  of  said  county. 

§  7.  All  sales  made  by  any  constable,  or  other  officer,  under  the  provisions 
of  this  act,  shall  convey  a  good  and  valid  title  to  the  purchaser,  and  the  owner 
of  the  estray  or  estrays  so  sold  shall  thereafter  be  barred  from  all  right  to 
recover  the  same. 

§  8.  The  taker-up  of  an  estray  animal  or  animals  shall  use  reasonable  care 
to  preserve  the  same  from  injury,  but  if  an  estray  animal  or  animals  die  or 
escape  from  the  possession  of  the  taker-up  at  any  time  while  he  is  holding  the 
same  under  the  provisions  of  this  act,  the  taker-up  shall  not  be  held  liable  in 
any  manner  on  account  of  such  animal  or  animals. 

§  9.  Nothing  in  this  act  shall  affect  the  laws  or  regulations  in  force  or  which 
may  be  in  force  regarding  estrays,  the  poundkeeper,  or  other  pound  officer 
within  the  limits  of  any  city  or  town  where  laws  regarding  estrays  are  in  force. 


a4  ANIMALS — HIDES— LIVE    STOCK   SALES. 

§  10.  All  other  acts  and  parts  of  acts  relating  to  estrays  now  in  force,  are 
hereby  repealed. 

§  11.     This  act  shall  take  effect  from  and  after  its  passage. 

See  Aniinalti — Sheep. 

General  features  and  constitutionality  of  statutes  respecttng  estrays. — See  note  8  Am. 
St.   Rep.   271. 

See  tit.  Trespassing  Animals  and  note. 

ANIMALS— HIDES. 

To  regulate  the  disposition  of  the  hides  of  cattle  killed  or  slaughtered  in  the 

state  of  California. 
(Stats.  1893,  235,  ch.  CXCI.) 

§  1.  Any  person  or  persons  ■who  shall  at  any  time  kill  or  slaughter,  or  who 
shall  cause  to  be  killed  or  shiughtered,  auj'  cattle,  either  for  his  or  their  own 
use  and  consumption,  or  for  sale,  shall  retain,  or  cause  to  be  retained,  in  their 
possession,  the  hides  taken  off  said  animals,  with  the  earmarks  attached  thereto, 
without  any  alteration  or  distiguration  of  the  brands  or  marks  on  said  hide  or 
ears,  for  the  period  of  ten  days. 

§  2.  Any  justice  of  the  peace,  constable,  owner  of  cattle,  or  any  other  person, 
may,  within  the  period  of  time  mentioned  in  the  first  section  of  this  act,  demand 
an  exhibit  of  the  hide  or  hides  of  any  cattle  so  killed  or  slaughtered  (as  herein 
provided)  by  the  person  so  killing  or  slaughtering  the  same,  or  by  any  other 
person  for  whose  use  or  benefit  said  animal  Avas  killed ;  and  upon  such  demand 
being  made,  he  or  they  shall  produce  the  same  for  the  inspection  of  said  justice 
of  the  peace,  constable,  owner  of  cattle,  or  any  other  person. 

§  3.  Any  person  or  persons  whc  shall  violate  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  less  than  twenty  dollars,  nor  more  than  one  hundred 
dollars,  or  be  imprisoned  in  the  county  jail  for  any  term  not  less  than  ten  days, 
nor  more  than  ninetj'  days,  or  by  both  such  fine  and  imprisonment. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

gee  KERR'S  CVC.  POL.  CODE  §  31S5,  relating  to  same  subject;  but  no  penalty  is  pro- 
vided by  the  code  section. 

ANIMALS— LIVE  STOCK  SALES. 

To  prevent  combinations  to  obstruct  the  sale  of  live  stock  in  the  state  of 

California. 

(Stats.  1893,  30,  ch.  XIX.) 

§  1.  It  shall  be  unlawful  for  any  two  or  more  persons  or  corporations  to 
combine  or  agree  together  to  do  any  act  which  will,  in  any  respect,  prevent  any 
person  from  buying  live  stock  at  any  place  in  this  state  from  any  person  having 
the  same  for  sale,  either  for  himself  or  as  the  representative  or  agent  of  the 
owner  of  the  same. 

§  2.  It  shall  be  unlawful  for  any  corporation  organized  under  the  laws  of 
this  state,  or  any  board  of  directors  or  trustees,  or  stockholders,  or  agents,  or 
ofificers  of  any  corporation,  to  have.  pass,  or  enforce  any  rule,  by-law,  or  regula- 
tion whereby  any  officer,  stockholder,  member,   shareholder,   agent,   servant 


LIVE   STOCK   SALES — OBSTRUCTING.  25 

thereof,  or  any  other  person  in  any  way  interested  in  or  connected  with  such 
corporation,  shall  in  any  respect  be  probihited,  prevented,  or  enjoined  from 
buying  live  stock  from  any  other  person  having  such  live  stock  for  sale,  either  as 
owner  thereof,  or  as  the  agent,  representative,  or  assistant  of  such  owner,  in 
any  market  in  this  state,  where  live  stock  is  brought  to  be  sold. 

§  3.  Every  rule,  regulation,  or  by-law  of  any  corporation  doing  business  in 
this  state,  which  has  for  its  purpose,  or  which,  directly  or  indirectly,  tends  to 
prevent  its  members  or  stockholders  from  freely  purchasing  live  stock  from  any 
person  lawfully  having  the  same  for  sale,  upon  any  live-stock  market  of  this 
state,  are  hereby  declared  to  be  contrary  to  the  public  policy  of  this  state,  and 
unlawful  and  void;  and  any  person  or  persons  who  shall  attempt,  directly  or 
indirectly,  to  enforce  any  such  rule,  regulation  or  by-law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  in  addition  to  the  penalties  prescribed  by  this 
act  shall  be  personally  liable  for  all  damages  which  may  arise  from  the  enforce- 
ment of  such  rule,  regulation,  or  by-law,  to  any  person  damaged  thereby. 

§  4.  No  trusts,  combinations,  or  conspiracies  shall  be  organized  or  exist  in 
this  state,  to  prevent  any  person  or  persons,  or  corporation,  from  selling  live 
stock  on  commission,  for  such  an  amount  of  commission  as  any  person  engaged 
in  the  business  may  see  fit  to  charge ;  and  all  rules,  regulations,  by-laws,  or 
agreements  of  any  corporation,  association,  society,  or  combination  of  persons, 
whereby  any  such  corporation,  society,  association,  or  combination  of  indi- 
viduals are  required  to  charge  not  less  than  a  given  sum  for  commissions,  or 
whereby  any  person  or  commission  merchant  is,  in  any  respect,  restrained  from 
charging  less  than  a  certain  fixed  sum  for  his  services  as  such  commission  mer- 
chant in  the  sale  of  live  stock,  are  hereby  declared  to  be  contrary  to  the  public 
policy  of  this  state,  and  unlawful.  And  any  person  who  shall  enter  into  any 
such  trust,  combination,  or  conspiracy,  or  who  shall  enforce  or  aid,  abet,  assist, 
or  encourage  the  enforcement  of  any  such  rule,  regulation,  by-law,  or  agree- 
ment, shall  be  liable  to  the  penalties  prescribed  by  this  act,  and  also  shall  be 
personally  liable  to  any  person,  individual,  society,  or  corporation  who  may  be 
injured  in  his  property  or  business  thereby,  to  the  full  extent  of  the  injury 
resulting  therefrom. 

§  5.  AVhoever  shall,  directly  or  indirectly,  be  a  party  to  any  combination, 
conspiracy,  or  association,  which  attempts,  directly  or  indirectly,  to  prevent 
any  other  person  from  freely  selling  live  stock  at  any  market  in  this  state  for 
such  persons  as  see  fit  to  engage  his  services,  or  shall  endeavor  to  compel, 
directly  or  indirectly,  any  person  to  charge  not  less  than  a  fixed  minimum  sum 
for  services  in  the  sale  of  live  stock,  or  shall,  in  any  way,  hinder  or  prevent 
another  from  lawfully  selling  live  stock  for  another,  for  such  rate  of  commis- 
sion as  may  be  agreed  upon  by  the  owner  of  the  live  stock  and  the  commission 
merchant,  shall  be  deemed  guilty  of  a  misdemeanor,  and  suffer  the  penalties 
prescribed  by  this  act,  and  shall  be  personally  liable  to  any  one  aggrieved 
thereby,  for  the  full  amount  of  any  damage  sustained  by  such  person. 

§  6,  Any  one  who  shall  violate  the  provisions  of  this  act  shall  be  punished 
by  a  fine  in  any  sum  not  less  than  five  hundred  dollars,  and  not  more  than  five 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  one  year, 
or  by  either  or  both,  in  the  discretion  of  the  court,  and  shall  be  liable,  in  civil 


26  ANiaiALS — SHEEP   INSPECTOR,   DUTIES. 

action,  to  any  person  aggrieved,  in  such  damages  as  he  or  she  may  have  sus- 
tained by  the  violation  of  this  act. 

§  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ANIMALS— SHEEP. 

Authorizing  and  empowering  the  boards  of  supervisors  of  the  several  counties 
of  the  state  to  prevent  and  eradicate  infectious  and  contagious  diseases 
among  sheep,  to  provide  for  the  appointment  of  a  sheep  commissioner,  and 
to  define  the  duties  and  powers  of  commissioner. 

(Stats.  1889,  216,  ch.  CLXXXII.) 

It  is  believed  that  it  was  the  intention  to  supersede  the  above-mentioned  act  (or  that 
it  is  superseded)   by  the  following  act. 

To  create  the  office  of  sheep  inspector  for  the  state  of  California,  to  provide  for 
the  appointment,  and  to  define  the  powers  and  duties  of  said  officer  and  his 
deputies,  and  their  compensation,  and  providing  for  the  prosecution  of 
oft'enses  under  the  same,  and  to  suppress  and  prevent  dissemination  of 
scab  among  sheep. 

(Stats.  1903,  372,  ch.  CCLXYII.) 

§  1.  The  office  of  sheep  inspector  for  the  state  of  California  is  hereby  created 
and  the  state  veterinarian  of  the  state  of  California  is  hereby  made  ex-officio 
sheep  inspector  and  shall  perform  the  duties  imposed  by  this  act  without  addi- 
tional salary  or  compensation  from  the  state  of  California. 

§  2.  The  board  of  supervisors  may,  in  their  discretion,  upon  the  written 
demand  of  a  majority  of  sheep  growers  of  their  respective  counties,  appoint  one 
or  more  deputy  sheep  inspectors.  Such  deputies  shall  be  practical  sheepmen 
and  subject  to  removal  whenever  the  board  may  deem  it  necessary, 

§  3.  It  shall  be  the  duty  of  the  state  sheep  inspector  to  have  general  super- 
vision over  his  deputies  appointed  under  the  provisions  of  this  act  and  to  aid, 
counsel,  and  advise  with  such  deputies  and  generally  to  enforce  the  provisions 
of  this  act. 

§  4.  The  deputies  appointed  under  the  provisions  of  this  act  shall  have 
power  to  administer  oaths,  and  it  shall  be  the  duty  of  at  least  one  deputy 
inspector  in  each  county  where  the  same  may  be  appointed,  as  herein  provided 
by  the  state  sheep  inspector,  to  personally  examine  all  sheep  and  bands  of 
sheep  in  his  county  every  spring  between  the  first  day  of  February  and  the  first 
day  of  June  and  every  fall  between  the  first  day  of  October  and  the  first  day  of 
December  for  the  first  two  years  after  the  passage  of  this  act,  and  thereafter 
between  the  first  day  of  February  and  the  first  day  of  June  of  each  year;  and 
to  the  owners  or  persons  in  charge  of  herds  found  to  be  clean  he  shall  issue  a 
certificate  stating  such  fact,  which  certificate  shall  permit  such  herds  to  pass 
into  and  through  any  and  all  counties  in  this  state  so  long  as  they  shall  remain 
free  and  clean  from  disease.  And  such  deputy  also  is  required  to  examine  any 
band  or  bands  of  sheep  at  any  time  he  may  be  called  upon  to  do  so  at  the  request 
of  one  or  more  sheep  growers  in  writing,  stating  that  such  sheep  are  affected  or 
infected  with  some  infectious  or  contagious  disease,  and  that  there  is  imminent 


INFECTED    SHEEP — DUTY    OP    INSPECTOR.  27 

and  immediate  danger  of  the  spreading  of  such  disease ;  provided,  that  if,  upon 
examination,  such  sheep  are  found  to  be  clean  the  person  or  persons  making 
such  complaint  shall  pay  the  expenses  and  costs  of  such  examination,  which 
may  be  recovered  in  a  civil  action  therefor;  but  in  case  such  inspector,  upon 
making  such  examination,  finds  said  sheep  diseased,  he  shall  forthwith  issue  his 
order  quarantining  said  sheep ;  and  further  provided,  that  all  bands  of  sheep  of 
less  than  two  hundred  and  fifty  head  shall  not  be  subject  to  such  inspections 
when  known  to  be  sound;  but  w^here  complaint  is  made,  then  the  deputy 
inspector  must  comply  with  and  enforce  the  provisions  of  this  act  as  in  other 
cases  hereinafter  provided  for. 

§  5.  Any  person,  company,  association,  or  corporation  desiring  to  move  his 
or  their  sheep  which  are  not  sound  or  are  infected  or  affected  by  scab  or  any 
infectious  or  contagious  disease  shall  obtain  from  a  deputy  inspector  a  traveling 
permit.  Such  permit  shall  only  be  granted  for  the  purpose  of  moving  said 
sheep  to  some  place  where  they  may  be  dipped  for  said  disease,  or  on  account 
of  shortage  of  feed,  and  then  by  such  route  as  the  deputy  sheep  inspector  may 
designate, 

§  6.  Whenever  upon  examination  of  any  bands  or  herds  of  sheep,  kept  or 
herded  in  any  county  of  the  state  of  California  the  deputy  sheep  inspector  of 
such  county  shall  find  such  sheep,  or  any  portion  of  them  affected  or  infected 
with  the  scab  or  scabies,  or  any  other  infectious  or  contagious  disease,  he  shall 
forthwith  notify  the  owner  or  person  in  charge  of  said  sheep,  in  writing,  to  dip 
said  sheep  for  said  disease  within  a  period  of  fifteen  days  from  said  notice ;  and 
also  during  said  period  to  keep  such  sheep  from  contact  with  other  sheep  by 
such  means  as  he  may  specify ;  and  if,  upon  examination  at  the  end  of  fifteen 
days  from  such  notice,  said  deputy  sheep  inspector  shall  find  that  said  sheep 
have  not  been  dipped  for  said  disease,  or  have  not  been  kept  from  contact  with 
other  sheep  that  are  sound,  the  owner  or  owners,  or  person  or  persons  con- 
trolling said  sheep,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars 
or  more  than  two  hundred  and  fifty  dollars;  and  in  case  said  sheep  have  not 
been  dipped  for  said  disease  within  said  fifteen  days,  such  deputy  sheep  inspec- 
tor shall  immediately  take  possession  of  said  sheep  and  dip  them  for  said  dis- 
ease, and  all  expenses  incurred  in  so  doing,  including  a  compensation  of  four 
dollars  for  every  day,  or  part  of  a  day,  in  which  said  deputy  sheep  inspector 
may  be  engaged  in  dipping  said  sheep,  shall  become  and  is  hereby  made  a  lien 
upon  said  sheep ;  and  such  deputy  sheep  inspector  shall  hold  such  sheep  for  the 
period  of  ten  days,  and  if  the  same  is  not  paid  within  such  time  he  may  collect 
the  same,  together  with  the  costs  and  expenses  of  collection,  by  advertising  and 
selling  said  sheep,  or  as  many  thereof  as  may  be  necessary,  in  the  manner  pre- 
scribed by  law  for  the  sale  of  personal  property  on  execution.  If,  however,  upon 
examination  at  the  end  of  fifteen  days  from  the  notice  required  to  be  given 
under  this  section  such  deputy  sheep  inspector  shall  find  that  said  sheep  have 
been  dipped  for  said  disease,  but  are  still  infected  with  the  same,  then  he  shall 
instruct  the  owner  or  controller  of  said  sheep  to  dip  once  or  more  times,  as  cir- 
cumstances demand,  and  as  soon  as  possible,  but  with  an  interval  between  the 
dippings  of  not  less  than  nine  or  more  than  twelve  days ;  and  if  upon  examina- 


38  INFECTED    SHEEP — DIPPING. 

tion  at  the  end  of  thirty  days  further,  such  deputy  sheep  inspector  finds  that 
said  sheep  have  been  dipped  for  said  disease,  but  are  still  infected,  then  he  shall 
at  once  take  possession  of  said  sheep  and  dip  them  as  above  specified.  If,  how- 
ever, upon  examination  he  finds  that  said  sheep  have  not  been  dipped  he  shall 
seize  said  sheep  and  dip  them  as  above  specified,  and  the  owner  or  owners,  or 
controller,  by  reason  of  his  failure  to  dip  such  sheep  as  required,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than  two  hundred  and  fifty 
dollars;  provided,  however,  that  no  person,  persons,  company,  or  corporation 
shall  be  required  to  dip  his  or  their  bands  of  sheep  between  the  first  day  of 
December  and  such  time  as  he  or  they  can  shear  such  sheep  in  the  following 
spring. 

§  7.  No  person,  persons,  company,  or  corporation  shall  be  required  to  dip  a 
band  or  bands  of  ewes  or  any  part  of  them  which  are  ewes  with  lambs,  at  any 
time  between  the  fifteen  [th]  of  December  and  the  fifteenth  of  May  following 
of  any  year;  but  they  must  be  held  in  quarantine  and  kept  separate  from  sound 
sheep,  and  the  owner,  owners,  or  controller  shall  be  responsible  for  all  damages 
as  stated  in  sections  seven  and  eight  of  this  act,  to  be  enforced  and  recovered 
as  therein  provided  for.  It  shall  also  be  the  duty  of  such  deputy  sheep 
inspector  to  require  the  owner,  owners,  or  controller  of  sheep,  while  held  in 
quarantine  during  the  above  exemption,  to  spot  or  hand  dress  all  sheep  in  their 
band  or  bands  that  show  any  scab  or  other  contagious  disease,  with  some  reli- 
able medicine;  and  such  deputy  sheep  inspector  shall  have  power  to  enforce 
hand  dressing  or  spotting  during  the  exemption  referred  to  in  this  section,  the 
same  as  he  has  power  to  enforce  dipping  at  any  other  period  of  the  year,  as 
provided  by  this  act. 

§  8.  The  deputy  sheep  inspector  apjx^intiMl  in  the  several  counties  as  pro- 
vided in  this  act  shall  receive  four  (hollars  per  day  for  every  day  or  part  of  a 
day  spent  in  the  performance  of  his  duty,  to  be  paid  by  the  owner  or  owners  of 
the  sheep  examined,  and  to  be  enforced  as  a  lien  against  the  sheep  so  examined, 

as  provided  in  section  six  of  this  act. 

I 

§  9.  In  any  action  or  proceeding,  civil  or  criminal,  arising  under  this  act, 
any  and  all  persons  having  an  interest  in  the  sheep  or  controlling  the  same,  and 
concerning  which  such  action  or  proceeding  is  had,  shall  be  deemed  the  owners 
of  said  sheep,  and  shall  be  liable  severally  and  jointly  for  such  violation  of  this 
act.  Any  herder  or  sheplierd,  or  other  person  in  charge  of  sheep,  who  shall 
wilfully  refuse  to  give  a  deputy  sheep  inspector  after  showing  a  star  any  and 
all  information  as  to  the  condition  of  sheep  in  his  charge,  requested  by  such 
deputy,  shall  be  deemed  guilty  of  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars.  In  criminal  actions  against  corporations  under  this  act 
no  arrest  shall  be  necessary,  but  a  summons  containing  notice  of  the  time  and 
place  of  trial,  together  with  a  copy  of  the  complaint  filed  before  a  justice  of  the 
peace,  or  in  the  court  in  which  the  action  is  commenced,  shall  be  served  in  the 
same  manner  and  for  the  same  length  of  time  as  in  civil  actions. 

§  10.  It  shall  be  the  duty  of  each  deputy  sheep  inspector  appoint('d  under 
this  act  to  keep  a  book  in  which  he  shall  record  as  complete  a  description  as 


INFECTED  SHEEP— TRANSPORTATION  OF. 


29 


practicable  of  the  marks  and  brands  with  which  each  person  in  his  county 
marks  or  brands  his  sheep,  and  the  owners  of  sheep  shall  report  in  writing  to 
such  deputy  sheep  inspector  their  marks  and  brands,  for  the  purpose  of  aiding 
such  deputy  sheep  inspector  to  make  up  and  keep  such  records;  said  deputy 
sheep  inspectors  are  also  required  to  keep  a  book  in  which  they  shall  record 
the  names  of  all  persons  prosecuted  for  violations  of  this  act,  together  with  a 
description  of  the  particular  offense  charged  against  him,  the  name  of  the  court 
in  which  said  prosecution  was  had,  and  the  result  of  such  prosecution,  giving 
the  amount  of  fines  where  fines  are  imposed.  And  on  the  first  day  of  January 
of  each  year,  each  deputy  sheep  inspector  appointed  under  the  provisions  of 
this  act  shall  make  a  report  to  the  state  sheep  inspector,  which  report  shall 
contain  a  true  and  correct  copy  of  his  record  as  contained  in  the  books  required 
by  him  to  be  kept  under  the  provisions  of  this  act,  which  report  shall  be  placed 
on  file  in  the  office  of  the  state  sheep  inspector. 

§  11.  It  shall  be  unlawful  for  any  person,  persons,  company,  corporation  or 
association,  owning,  controlling,  or  managing  any  ferry-boat,  toll-bridge,  car, 
steamboat,  wagon,  vehicle,  or  other  things  used  for  transportation,  to  allow  any 
sheep  to  be  carried  thereon  unless  the  party  in  charge  of  said  sheep  shall  first 
produce  a  certificate  from  a  deputy  sheep  inspector  appointed  under  this  act, 
that  said  sheep  are  free  from  scab,  scabies,  and  other  infectious  or  contagious 
disease.  Any  violation  of  this  section  shall  be  deemed  a  misdemeanor  and 
punishable  by  a  fine  of  not  less  than  one  hundred  dollars  or  more  than  two  hun- 
dred and  fifty  dollars. 

§  12.  If  any  person  or  persons,  company,  or  corporation,  in  driving  or  herd- 
ing any  sheep,  should  get  into  their  herd  any  stray  sheep,  they  shall  imme- 
diately notify  the  owner  thereof ;  and  if  the  owner  is  unknown,  he  or  they  shall 
forthwith  notify  the  deputy  sheep  inspector  of  such  county,  giving  the  number 
of  such  sheep  and  the  brands  of  each :  and  any  person,  persons,  company,  or 
corporation  violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  two  hundred  dollars. 

§  13.  All  deputy  sheep  inspectors  are  hereby  given  the  power,  and  it  is 
hereby  made  their  duty  to  arrest  and  bring  before  a  justice  of  the  peace,  or 
other  court  having  jurisdiction  of  the  same,  any  and  all  persons  found  violating 
the  provisions  of  this  act,  where  a  complaint  shall  be  filed  by  such  deputy  sheep 
inspector,  either  upon  his  own  knowledge  or  upon  sworn  complaint  of  such 
violation,' whereupon  a  hearing  shall  be  had  as  in  other  like  criminal  cases;  and 
such  deputy  sheep  inspectors  are  hereby  vested  with  the  same  authority  to 
arrest  and  to  require  aid  in  the  execution  of  their  said  office  as  sheriffs  and  their 
deputies  of  the  several  counties  of  this  state ;  provided,  that  the  provisions  of 
this  act  requiring  the  deputy  sheep  inspectors  of  the  county  to  prosecute  for  a 
violation  of  the  provisions  of  this  act  [requiring  the  deputy  sheep  inspectors  of 
the  county  to  prosecute  for  a  violation  of  the  provisions  of  this  act]  shall  not  be 
construed  so  as  to  prevent  such  prosecutions  from  being  commenced  and  prose- 
cuted by  other  persons  as  criminal  action  [s]  are  commenced  and  prosecuted 
in  other  cases. 


80  ANIMALS— STATE    VETERINARIAN. 

§  15.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

The  "herding"  of  sheep  has  been  the  sub-  of    Humboldt    and    Mendocino:     1873-4,    434, 

ject  of  considerable  legislation  in  this  state.  and  1875-6,  312.     As  to  Lake  County:  1877-8, 

The    following    statutes    may    be    consulted  241.     As   to   Modoc   County:    1875-6,    305.      As 

with  reference  thereto:    1857,  227;  1858,  165;  to    Sacramento    County:     1865-6,   436.      As   to 

1859,  119;  I860.  332;  1869-70,  304;  1871-2,  890;  Butte  County:  1S65-6,  436.     And  see  Animals 

1873-4,    823;    18'<<-8,   79.      As   to   the   counties  — Estray. 

ANIMALS— STATE  VETERINARIAN. 

To  protect  domestic  live  stock  from  contagious  and  infections  diseases,  to  pro- 
vide for  the  appointment  and  duties  of  officials  to  carry  into  effect  the 
provisions  of  this  act,  and  to  provide  an  appropriation  therefor. 
(Stats.  1899,  129,  ch.  XCYI;  amended.  Stats.  1905,  423,  ch.  CCCLV.) 

§  1.  The  office  of  the  state  veterinarian  of  the  state  of  California  is  hereby 
created.  It  shall  be  the  duty  of  the  governor,  within  sixty  days  from  and  after 
the  passage  of  this  act,  to  appoint  a  skilled  veterinary  surgeon  for  the  state  of 
California  to  fill  said  office  of  state  veterinarian,  who  at  the  date  of  such 
appointment  shall  be  a  graduate  in  good  standing  of  a  recognized  college  of 
veterinary  surgery,  legally  qualified  to  practice  as  such  in  this  state,  and  shall 
hold  his  said  office  at  the  pleasure  of  the  governor.  The  salary  of  said  veteri- 
nary surgeon  shall  on  no  account  exceed  the  sum  of  two  thousand  dollars  per 
year,  and  his  necessary  expenses  incurred  in  the  discharge  of  his  duties  herein- 
after provided  for,  not  exceeding  five  hundred  dollars  per  annum.  In  making 
said  appointment  it  shall  be  the  duty  of  the  governor  to  disregard  political 
affiliations,  and  be  guided  in  his  selection  merely  by  the  professional  and  moral 
qualifications  of  said  veterinary  for  the  performance  of  his  duties. 

§  2.  It  shall  be  the  duty  of  the  state  veterinarian,  provided  for  in  the  first 
section  of  this  act,  to  protect  the  health  of  all  domestic  animals  of  the  state 
from  all  contagious  and  infectious  diseases,  so  far  as  practicable ;  and  for  the 
purpose  he  is  hereby  authorized  and  empowered,  by  and  with  the  approval  of 
the  governor,  to  establish,  maintain,  and  enforce  such  quarantine,  sanitary,  and 
other  regulations  as  he  may  deem  necessary  as  to  stock  passing  over  any  quar- 
antine line  existing,  or  which  may  be  established  within  the  state,  and  all  such 
stock  so  moving  shall  be  inspected  by  him,  and  he  shall  issue  his  certificate  of 
state  inspection,  unless  such  stock  shall  have  been,  immediately  prior  to  such 
moving,  inspected  by  an  officer  or  agent  acting  under  the  laws  of  the  United 
States.  AVhenever  it  may  be  necessary  to  carry  out  and  give  effect  to  the  pro- 
visions of  this  act,  the  governor  is  hereby  authorized  and  empowered  to  appoint 
an  assistant  state  veterinarian,  at  a  salary  of  twelve  hundred  dollars  per  annum, 
and  his  necessary  expenses  incurred  in  the  discharge  of  his  duties  not  exceeding 
three  hundred  dollars  per  year  whose  tenure  of  office  shall  be  determined  and 
fixed  by  the  governor.     [Amendment,  Stats.  1905,  423.] 

§  3.  Upon  information  by  him  received  of  the  existence  of  contagious  or 
infectious  diseases  of  domestic  animals  within  this  state,  the  state  veterinarian 
shall  proceed  to  thoroughly  investigate  the  same,  and  he  is  hereby  authorized, 
by  and  with  tli<'  approval  of  the  governor,  to  establish  such  quarantine,  sanitary 
and  police  regulation  as  may  be  necessary  to  circumscribe  and  exterminate 
such  disease  or  diseases,  and  prevent  the  extension  thereof,  and  he  is  hereby 


STATE   VETERINARIAN — DUTIES    OF.  31 

■authorized  and  empowered  to  enter  upon  any  grounds  or  premises  and  inspect 
any  live  stock  necessary  to  carry  out  the  provisions  of  this  act. 

§  4.  Upon  the  discovery  of  any  case  of  such  contagious  or  infectious  disease, 
the  state  veterinarian  shall  immediately  inform  the  state  dairy  bureau  and  the 
board  of  supervisors  of  the  county  or  counties  in  which  said  disease  exists,  or 
diseased  animals  are  located,  of  the  existence  of  such  disease  and  of  such  facts 
and  circumstances  in  connection  therewith  as  will  enable  said  board  of  super- 
visors to  take  prompt  and  proper  action  to  prevent  the  spread  of  such  disease 
and  to  eradicate  the  same. 

§  5.  Upon  the  receipt  of  such  report,  it  shall  be  duty  of  said  dairy  bureau 
when  more  than  one  county  is  involved,  and  of  the  board  of  supervisors  when 
only  one  county  is  involved,  to  proceed  immediately  to  eradicate  or  suppress 
said  disease,  to  prevent  its  spread  or  introduction  among  healthy  animals,  or 
the  infection  of  pastures,  roads,  places,  or  sections  theretofore  free  from  said 
disease  and  uninfected. 

§  6.  Should  said  board  of  supervisors  refuse  or  neglect  for  the  period  of  five 
days  to  take  any  or  proper  action  to  quarantine  such  cases  of  contagious  and 
infectious  diseases  so  reported  to  them,  or  to  suppress  or  eradicate  the  same,  or 
prevent  the  spread  thereof,  the  state  veterinarian  shall  have  the  power,  and  it 
shall  be  his  duty,  to  quarantine  such  county,  or  such  portions  thereof  as  may 
be  necessary,  and  thereafter  it  shall  be  unlawful  for  the  owners  of  domestic 
animals  quarantined,  their  agents  or  employees,  to  move  any  of  such  animals 
across  the  quarantine  line  established,  or  without  the  county  or  portion  thereof 
quarantined,  without  first  obtaining  a  permit  from  said  state  veterinarian,  who 
shall,  before  such  permit  is  issued,  inspect  and  if  necessary  cause  such  animals 
and  vehicles  of  transportation  to  be  disinfected  according  to  the  rules  laid 
down  by  the  United  States  bureau  of  animal  industry,  department  of  agricul- 
ture, or  until  such  quarantine  has  been  raised  or  discontinued  by  said  state 
veterinarian. 

§  7.  The  state  veterinarian  shall  determine,  from  time  to  time,  the  quaran- 
tine and  other  regulations  necessary  to  prevent  the  spread  among  domestic 
animals  of  anj^  malignant,  contagious  or  infectious  disease  found  to  exist  among 
the  live  stock  of  this  state,  and  shall  to  that  end  co-operate  with,  and,  so  far  as 
possible,  obtain  the  assent  of  the  proper  United  States  authorities  to  the  estab- 
lishment or  changing  of  quarantine  lines  which  are  or  may  be  hereafter  estab- 
lished, and  when  he  shall  have  done  so  he  shall  notify  the  governor  thereof, 
who,  if  he  approve,  shall  issue  his  proclamation  proclaiming  the  boundaries  of 
such  quarantine,  and  the  orders,  rules,  and  such  regulations  prescribed  for  the 
maintenance  and  enforcement  of  such  quarantine,  and  shall  publish  the  same  in 
such  manner  as  he  shall  deem  expedient. 

§  8.  Any  person  failing  to  comply  with  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  be  fined  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars  for  each  offense,  and  shall  be  liable 
for  any  damage  and  loss  that  may  be  sustained  by  any  person  or  persons  by 
reason  of  the  failure  of  such  owner  or  agent  to  comply  with  the  provisions  of 
this  act. 


33  WILD  ANIMALS— PIGEONS— BEE   CULTITRE. 

§  9.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  there  shall  be 
appropriated  the  sum  of  eight  thousand  dollars,  not  more  than  one  thousand 
dollars  payable  out  of  the  revenues  for  the  current  fiscal  year,  out  of  the  gen- 
eral fund  of  this  state. 

§  10.     This  act  shall  be  in  force  and  effect  from  and  after  its  passage. 

ANIMALS— WILD. 

To  encourage  the  destruction  of  wild  animals  in  the  different  counties  of  the 
state,  and  authorizing  the  board  of  supervisors  of  each  of  said  counties  to 
fix  and  determine  the  bounty  for  the  destruction  of  the  same. 

(Stats.  1883,  368,  ch.  LXXIX.) 

§  1.  It  shall  be  lawful  for  the  board  of  supervisors  of  each  county  in  the 
state,  in  its  discretion,  to  fix  and  determine  the  bounty,  and  such  bounties  shall 
be  paid  out  of  the  general  county  fund,  to  be  paid  for  the  destruction  of  each 
coyote,  wildcat,  fox,  \ynx,  bear,  and  lion,  and  to  prescribe  rules  for  making 
proof  of  such  destruction,  and  obtaining  such  bounty. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  subd.  28  of  §  25  of  County  Government  UoiintieH  for  certnin  nonlpM. — See  S.  P.  La'w 

Act    of    1883,    308:    and    subd.    26    of    §  25    of  &  Col.  Co.  vs.  State  of  Cal..  141  Cal.  354,  355, 

County   Government   Act   of  1897,    465.      And  74    Pac.    Rep.    1047;    Bickcrdike    vs.    State   of 

see    Ex    parte    Hodses.    87    Cal.    162,    25    Pac.  Cal.,    144    Cal.    681,    684,    78    Pa'.    Rep.    270. 

Rep.    277;    Ingram    vs.    Colgan.    106    Cal.    113,  And    .«ee    tit.    State    of    California  —  Actions 

46  Am.  St.  Rep.  221,  38  Pac.  Rep.  315,  39  Id.  against,   post. 
437,   28   L.   R.  A.   1S7. 

ANTWERP   (MESSENGER)   PIGEONS. 

For  the  protection  of  the  Antwerp  messenger  or  homing  pigeons. 

(Stats.  1897,  37,  ch.  XXXIX.) 

This  art  has  been  carried  into  the  Penal    Code  by  Stats.  1905,  6S7,  ch.  DXXIV. 
See   K1:RR'S    CYC.   PEX.   CODE    §  598a. 

APIARIES.— BEE    CULTURE. 

To  promote  the  apicultural  interests  of  the  state  of  California  bj^  providing 
county  inspectors  of  apiaries,  and  defining  their  duties,  and  providing  for 
their  compensation,  and  repealing  the  act  entitled  "An  act  to  authorize 
the  board  of  supervisors  of  the  several  counties  of  this  state  to  appoint 
inspectors  of  apiaries,  and  provide  for  their  compensation,  and  defining 
their  duties,  and  for  the  further  protection  of  bee  culture,"  approved 
March  13,  1883. 

(Stats.  1901,  13,  ch.  XXIV;  amended  and  new  sections  added,  1903,  7,  ch.  YI.) 

§  1.  Whenever  a  petition  is  presented  to  the  board  of  supervisors  of  any 
county,  signed  by  ten  or  more  persons,  each  of  whom  is  a  property-holder  resi- 
dent of  the  county,  and  possessor  of  an  apiary  or  place  where  bees  are  kept, 
stating  that  certain  or  all  apiaries  within  the  county  are  infected  with  the 
disease  known  as  "foul-brood,"  or  any  other  disease  Avhich  is  infectious  or 
contagious  in  its  nature,  and  in.iurious  to  the  bees,  their  eggs  or  larva\  and 
praying  that  an  inspector  be  appointed  by  them,  whose  duty  it  shall  be  to 


APIARIES — BEE    CULTURE.  33 

supervise  the  treatment  of  said  bees  and  apiaries  as  herein  provided,  the  board 
of  supervisors  shall,  within  twenty  (20)  days  thereafter,  appoint  a  suitable 
person,  who  shall  be  a  skilled  bee-keeper,  inspector  of  apiaries.  Upon  petition 
of  ten  persons,  each  of  whom  is  a  resident  property  holder  and  possessor  of  an 
apiary,  the  board  of  supervisors  may  remove  said  inspector  for  cause,  after  a 
hearing  of  the  petition. 

§  2.  It  shall  be  the  duty  of  the  inspector  in  each  county  to  cause  an  inspec- 
tion to  be  made,  when  he  deems  it  necessary,  of  any  or  every  apiary,  or  other 
place  within  his  jurisdiction  in  which  bees  are  kept,  and  if  found  infected  with 
foul-brood,  or  any  other  infectious  or  contagious  disease  injurious  to  the  bees, 
or  their  eggs  or  larvte,  he  shall  notify  the  owner  or  owners,  person  or  persons 
in  charge,  or  in  possession  of  said  apiaries  or  places  where  bees  are  kept,  that 
the  same  are  infected  with  foul-brood,  or  any  other  disease  infectious  or  con- 
tagious in  its  nature,  and  injurious  to  the  bees,  their  eggs  or  larvae,  and  he 
shall  require  such  person  or  persons  to  eradicate  and  remove  such  disease  or 
cause  of  contagion  within  a  certain  time  to  be  specified.  Said  notice  may  be 
served  upon  the  person  or  persons,  or  either  of  them,  owning  or  having  charge, 
or  having  possession  of  such  infected  apiaries,  or  places  where  bees  are  kept, 
by  any  inspector,  or  by  any  person  deputized  by  the  said  inspector  for  that 
purpose,  or  they  may  be  served  in  the  same  manner  as  a  summons  in  a  civil 
action.  Any  and  all  such  apiaries,  or  places  where  bees  are  kept,  found  in- 
fected with  foul-brood,  or  any  other  infectious  or  contagious  disease,  are 
hereby  adjudged  and  declared  to  be  a  public  nuisance;  and  whenever  any 
such  nuisance  shall  exist  at  any  place  within  his  jurisdiction,  or  on  the  prop- 
erty of  any  non-resident,  or  on  any  property  the  owner  or  owners  of  which 
cannot  be  found  by  the  inspector,  after  diligent  search,  within  the  county,  or 
upon  the  property  of  anj^  owner  or  owners  upon  whom  notice  aforesaid  has 
been  served,  and  who  shall  refuse  or  neglect  to  abate  the  same  within  the  time 
specified,  it  shall  be  the  duty  of  the  inspector  to  abate  the  same,  either  by 
treating  the  disease,  or  by  destroying  the  infected  hives,  together  with  their 
combs  and  bees  therein.  The  expense  thereof  shall  be  a  county  charge,  and 
the  board  of  supervisors  shall  allow  and  pay  the  same  out  of  the  general  fund 
of  the  county. 

§  3.  It  shall  be  the  duty  of  the  county  inspector  of  apiaries  to  keep  a  record 
of  his  official  acts  and  doings,  and  make  a  monthly  report  thereof  to  the  board 
of  supervisors ;  and  the  board  of  supervisors  may  withhold  warrants  for  salary 
of  said  inspector  until  such  time  as  said  report  is  made. 

§  4.  The  salary  of  the  county  inspector  of  apiaries  shall  be  four  dollars  per 
day  when  actually  engaged  in  the  performance  of  his  duties,  and  itemized 
necessary  traveling  expenses  incurred  in  the  performance  of  his  duties  as  pre- 
scribed in  this  act.    .[Amend.  Stats.  1903,  7.] 

§5.  An  act  entitled  "An  act  to  authorize  the  board  of  supervisors  of  the 
several  counties  of  this  state  to  appoint  inspectors  of  apiaries,  and  provide  for 
their  compensation,  and  defining  their  duties,  and  for  the  further  protection 
of  bee-culture,"  approved  March  thirteenth,  eighteen  hundred  and  eighty- 
three,  is  hereby  repealed. 

§  6.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Gen.   Laws — 3 


34  APIARIES — BEE    CULTURE. 

§  7.  The  inspector  of  apiaries  may,  in  his  discretion,  order  the  owner,  or 
OAvners,  or  other  person  in  charge  of  bees  kept  in  box  or  other  immovable  or  sta- 
tionary comb-hives  in  apiaries  infected  with  foul-brood  or  any  other  infectious 
or  contagious  disease,  or  within  a  radius  of  three  miles  of  such  diseased  apiaries, 
to  transfer  such  bees  to  movable  frame  hives  within  a  reasonable  time,  to  be 
specified  in  such  order  or  notice,  and  in  default  of  such  transfer  by  the  owner, 
or  owners,  or  other  person  in  charge  of  such  bees,  the  inspector  may  destroy, 
or  cause  to  be  destroyed,  all  such  hives,  together  with  their  contents,  and  the 
expense  thereof  shall  be  a  county  charge,  as  provided  in  section  two  of  this 
act.     [New  sec.  added,  Stats.  1903,  7.] 

§  8.  Any  person  or  persons  who  shall  import  bees  into  the  state  of  Cali- 
fornia, which  said  bees  are  not  accompanied  with  a  certificate  from  a  duly 
authorized  inspector  of  apiaries,  or  bee  inspector,  certifying  that  such  bees 
are  free  from  foul-brood  and  other  infectious  or  contagious  diseases,  or  who 
shall  import  bees  from  another  county  within  this  state  not  having  a  bee 
inspector,  into  a  county  having  a  bee  inspector  shall  immediately,  upon  the 
receipt  of  such  bees,  cause  them  to  be  inspected  by  a  duly  authorized  inspector 
of  apiaries,  and  if  such  bees  are  found  to  be  infected  with  foul-brood  or  other 
infectious  or  contagious  disease,  such  inspector  shall  proceed  to  have  such 
disease  eradicated  as  provided  in  section  two  of  this  act.  Any  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor.  [New 
sec.  added.  Stats.  1903,  7.] 

§  9.  It  shall  be  unlawful  for  any  person  owning  or  controlling  bees  within 
this  state,  which  are  known  to  be  infected  with  foul-brood  or  other  infectious 
or  contagious  disease,  to  remove  said  bees  to  a  new  location,  without  first  giv- 
ing ten  days'  notice  to  the  county  inspector  of  apiaries,  stating  when  and 
where  he  intends  moviug  said  bees.  Anj'  person  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor.  [New  sec.  added.  Stats. 
1903,  7.] 

§  10.  Any  person  or  persons  whose  apiary  is  infected  with  foul-brood  or 
any  other  infectious  or  contagious  disease,  and  who  sells,  or  ofliers  for  sale, 
from  such  infected  apiary  any  bees,  hives,  bee  fixtures  or  appurtenances,  or 
who  shall  expose  in  his  bee  yard,  or  elsewhere,  any  infected  comb-honey, 
beeswax,  or  other  infected  thing,  or  who  conceals  the  fact  that  his  apiary  is  so 
infected,  shall  be  deemed  guilty  of  a  misdemeanor.  [New  sec.  added.  Stats. 
1903,  7.] 

§  11.  Any  person  or  persons  who  shall  resist,  impede,  or  hinder  in  any 
way,  the  inspector  of  apiaries  in  the  discharge  of  his  duties  under  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor.  [New  sec.  added, 
Stats.  1903,  7.] 

As  to  bees,  keeping  and   liability,   see   97   Am.   St.    Rep.    290. 

APPEALS. 

Relating  to  appeals  from  judgments  or  orders  of  courts  given  or  made  prior 

to  January  1,  1880. 

(Stats.  1880,  24,  eh.  XXXIV.) 

The   .statute   has  evidently   served   Its   purpose. 


APPRENTICES — APPROPRIATION    BILL.  35 

APPRENTICES  AND  MASTERS. 

Relative  to  apprentices  and  masters. 
(Stats.  1875-6,  842,  ch.  DLIII;  amended  Stats.  1880,  177,  eh.  LXXXVI.) 

This  statute  has  been  carried  into  the  Civil  Code  by  Stats.  1905,  560  et  seq.,  ch.  CDXVII. 
See  KERR'S  CVC.  CIVIL,  CODE,  §§264-276. 

APPROPRIATED  WATERS. 

See  Stats.  1885,  95,  under  subject  Irrigration. 

APPROPRIATION  BILL— SUPPORT  OF  STATE. 

Making  appropriations  for  the  support  of  the  government  of  the  state  of  Cali- 
fornia for  the  fifty-seventh  and  fifty-eighth  fiscal  years. 

(Stats.  1905,  729,  eh.  DLXIII.) 

§1.  The  following  sums  of  money  are  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  for  the  support  of  the 
government  of  the  state  of  California  for  the  fifty-seventh  and  fifty-eighth 
fiscal  years: 

FOR   LEGISLATIVE   DEPARTMENT. 

For  per  diem  and  mileage  of  lieutenant-governor  and  senators,  twenty-one 
thousand  five  hundred  dollars. 

For  per  diem  and  mileage  of  assemblymen,  forty-two  thousand  dollars. 
For  pay  of  officers  and  clerks  of  the  senate,  twenty-one  thousand  dollars. 
For  pay  of  officers  and  clerks  of  the  assembly,  twenty-eight  thousand  dollars. 
For  contingent  expenses  of  the  senate,  forty -five  thousand  dollars. 
For  contingent  expenses  of  the  assembly,  fifty-two  thousand  dollars. 

FOR   JUDICIAL   DEPARTMENT. 

For  salaries  of  justices  of  supreme  court,  eighty-four  thousand  dollars. 

For  salaries  of  judges  of  district  courts  of  appeal,  one  hundred  and  eight 
thousand  dollars. 

For  state's  portion  of  salaries  of  judges  of  superior  courts,  three  hundred 
and  fifty  thousand  dollars. 

For  salary  of  clerk  of  supreme  court,  six  thousand  dollars. 

For  salary  of  chief  deputy  clerk  of  supreme  court,  four  thousand  eight 
hundred  dollars. 

For  salaries  of  five  deputy  clerks  of  supreme  court,  eighteen  thousand  dollars. 

For  salary  of  stenographer  to  clerk  of  supreme  court,  two  thousand  dollars. 

For  salary  of  reporter  of  decisions  of  supreme  court  and  district  courts  of 
appeal,  five  thousand  dollars. 

For  salary  of  assistant  reporter  of  decisions  of  supreme  court  and  district 
courts  of  appeal,  four  thousand  eight  hundred  dollars. 

For  salaries  of  three  clerks  of  district  courts  of  appeal,  fourteen  thousand 
four  hundred  dollars. 

For  salaries  of  two  secretaries  of  supreme  court,  nine  thousand  six  hundred 
dollars. 

For  salary  of  librarian,  supreme  court  library,  three  thousand  dollars. 


36  APPROPRIATION    BILL, — STATE. 

For  salaries  of  two  bailiffs  and  performing  the  work  of  porters  of  supreme 
court,  six  thousand  dollars. 

For  salaries  of  three  bailiffs  and  performing  the  work  of  porters  of  district 
courts  of  appeal,  seven  thousand  two  hundred  dollars. 

For  pay  of  porter  for  office  of  clerk  of  supreme  court  at  Sacramento,  one 
thousand  four  hundred  and  forty  dollars. 

For  postage  and  contingent  expenses  of  clerk  of  supreme  court,  one  thou- 
sand six  hundred  dollars. 

For  postage  and  contingent  expenses  of  clerks  of  district  courts  of  appeal 
(one  third  to  each),  three  thousand  dollars. 

For  postage  and  contingent  expenses  of  supreme  court,  two  hundred  and 
fifty  dollars. 

For  postage  and  contingent  expenses  of  district  courts  of  appeal  (one  third 
to  each),  seven  hundred  and  fifty  dollars. 

For  expenses  of  supreme  court,  under  section  forty-seven,  Code  of  Civil  Pro- 
cedure, thirty-five  thousand  eight  hundred  dollars. 

For  salary  of  two  phonographic  reporters  of  supreme  court,  ten  thousand 
eight  hundred  dollars. 

For  salaries  of  three  phonographic  reporters  of  district  courts  of  appeal,  ten 
thousand  eight  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  clerk  of  supreme  court,  two  thousand 
five  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  clerks  of  district  courts  of  appeal  (one 
third  to  each),  three  thousand  dollars. 

FOR   EXECUTI\TE    DEPARTMENT. 

For  salary  of  governor,  twelve  thousand  dollars. 

For  salary  of  private  secretary  to  governor,  eight  thousand  dollars. 

For  salary  of  executive  secretary  to  governor,  five  thousand  two  hundred 
dollars. 

For  salary  of  stenographer  to  governor,  three  thousand  two  hundred  dollars. 

For  pay  of  messenger  to  governor,  two  thousand  four  hundred  dollars. 

For  special  contingent  expenses  (secret  service)  governor's  office  (exempt 
from  provisions  of  sections  four  hundred  and  thirty-three  and  six  hundred 
and  seventy-two  of  Political  Code),  ten  thousand  dollars. 

For  postage,  expressage,  telegraphing,  traveling,  and  contingent  expenses, 
governor's  office,  five  thousand  five  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  executive  department,  one  thou- 
sand two  hundred  and  fifty  dollars. 

For  payment  of  rewards  offered  by  the  governor,  one  thousand  five  hundred 
dollars. 

For  payment  of  rewards  offered  by  the  governor,  illegal  voting,  five  hundred 
dollars. 

For  payment  of  rewards  for  arrest  and  conviction  of  highway  robbers,  two 
thousand  dollai-s. 

For  arresting  criminals  without  the  state,  ton  thousand  dollars. 


APPROPRIATION    BILL — STATE.  37 

FOR   STATE   BOARD    OF   EXAMINERS. 

For  salary  of  secretary  to  board  of  examiners,  six  thousand  dollars. 

Por  salary  of  assistant  secretary  to  board  of  examiners,  four  thousand  eight 
hundred  dollars. 

For  salaries  of  clerks  to  state  board  of  examiners,  twelve  thousand  eight 
hundred  dollars. 

For  pay  of  porter,  board  of  examiners,  nine  hundred  and  sixty  dollars. 

For  postage,  expressage,  telegraphing,  and  contingent  expenses,  state  board 
of  examiners,  nine  hundred  dollars. 

For  traveling  expenses  of  state  board  of  examiners,  one  thousand  seven  hun- 
dred dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  state  board  of  examiners,  five 
hundred  dollars. 

FOR    SECRETARY   OF   STATE 's   OFFICE. 

For  salary  of  secretary  of  state,  six  thousand  dollars. 

For  salary  of  deputy  secretary  of  state,  four  thousand  eight  hundred  dollars. 

For  salary  of  bookkeeper,  secretary  of  state's  office,  four  thousand  dollars. 

For  salary  of  statistician,  secretary  of  state's  office,  four  thousand  dollars. 

For  salary  of  keeper  of  archives,  secretary  of  state's  office,  four  thousand 
dollars. 

For  salaries  of  clerks,  secretary  of  state's  office,  sixteen  thousand  dollars. 

For  salary  of  janitor,  state  capitol,  four  thousand  dollars. 

For  salary  of  clerk  to  janitor,  secretary  of  state's  office,  three  thousand  two 
"hundred  dollars. 

For  pay  of  porter,  secretary  of  state's  office,  one  thousand  four  hundred 
^nd  forty  dollars. 

For  postage,  expressage,  and  telegraphing,  secretary  of  state's  office  (ex- 
empt from  section  four  of  this  act),  four  thousand  dollars. 

For  contingent  and  traveling  expenses,  secretary  of  state's  office,  five  hun- 
dred dollars. 

For  salaries  of  two  special  clerks,  secretary  of  state's  office  (under  section 
four  hundred  and  twenty-two.  Political  Code,  to  be  expended  during  the  fifty- 
eighth  fiscal  year),  seven  hundred  and  fifty  dollars. 

For  purchase  of  ballot  paper,  six  thousand  dollars. 

For  indexing  laws  and  resolutions,  five  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  secretary  of  state,  ten  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  secretary  of  state,  to  be  used  for 
the  purpose  of  printing  and  distributing  constitutional  amendments,  one  thou- 
sand six  hundred  dollars. 

FOR   STATE    CAPITOL   BUILDING    AND   GROUNDS. 

For  pay  of  employees  of  state  capitol  building  and  grounds,  fifty-four  thou- 
sand one  hundred  and  twenty  dollars. 


38 


APPROPRIATIOX    BILL— STATE. 


For  salaries  of  policemen,  capitol  grounds,  seven  thousand  two  hundred 

dollars. 

For  salary  of  elevator  attendant,  engineer,  and  fireman,  serving  during 
session  of  legislature,  to  be  used  during  the  fifty-eighth  fiscal  year,  eight  hun- 
dred and  seventy  dollars. 

For  repairs  to  capitol  building  and  furniture  (exempt  from  section  four  of 
this  act),  five  thousand  dollars. 

For  purchase  of  carpets  and  furniture  (exempt  from  section  four  of  this 
act),  eleven  thousand  seven  hundred  and  seventy-five  dollars. 

For  stationery,  fuel,  light,  supplies,  et  cetera,  legislature  and  state  officers, 
twenty-seven  thousand  nine  hundred  dollars. 

For  water  for  state  capitol  building,  one  thousand  two  hundred  dollars. 

For  water  for  state  capitol  grounds,  two  thousand  four  hundred  dollars. 

For  lighting  the  capitol  grounds,  one  thousand  seven  hundred  and  twenty- 
eight  dollars. 

For  purchase  of  implements  and  hose,  care  and  improvement  of  grounds 
'^exempt  from  section  four  of  this  act),  twelve  thousand  dollars. 

FOR  CONTROLLER 'S   OFFICE. 

For  salary  of  controller,  six  thousand  dollars. 

For  salary  of  deputy  controller,  four  thousand  eight  hundred  dollars. 

For  salary  of  bookkeeper,  state  controller's  office,  four  thousand  dollars. 

For  salary  of  expert,  .state  controller 's  office,  four  thousand  dollars. 

For  salaries  of  clerks,  state  controller's  office,  sixteen  thousand  dollars. 

For  pay  of  porter,  state  controller's  office,  one  thousand  four  hundred  and 
forty  dollars. 

For  postage,  expressage,  and  telegraphing,  state  controller's  office,  one  thou- 
sand six  hundred  dollars. 

For  contingent  and  traveling  expenses,  state  controller,  two  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  controller,  four  thousand 
dollars. 

FOR   treasurer's  OFFICE. 

For  salary  of  state  treasurer,  six  thousand  dollars. 

For  salary  of  deputy  state  treasurer,  four  thousand  eight  hundred  dollars. 

For  salary  of  bookkeeper,  state  treasurer's  office,  four  thousand  dollars. 

For  salary  of  clerk,  state  treasurer's  office,  three  thousand  tAvo  hundred 
dollars. 

For  salaries  of  watchmen,  state  treasurer's  office,  nine  thousand  six  hundred 
dollars. 

For  pay  of  porter,  state  treasurer's  office,  one  thousand  four  hundred  and 
forty  dollars. 

For  postage,  expressage,  telegraphing,  contingent,  and  traveling  expenses, 
state  treasurer,  eight  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  treasurer,  one  thousand 
dollars. 


APPROPRIATION   BILL. — STATE.  SH 

FOR   attorney-general's    OFFICE. 

For  salary  of  attorney-general,  six  thousand  dollars. 

For  salary  of  assistant  attorney-general,  five  thousand  four  hundred  dollars. 

For  salaries  of  deputies  attorney-general,  fourteen  thousand  four  hundred 
dollars. 

For  salaries  of  clerks,  attorney-general's  office,  nine  thousand  sis  hundred 
dollars. 

For  salary  of  phonographic  reporter,  attorney-general's  office,  three  thou- 
sand six  hundred  dollars. 

For  pay  of  porter,  attorney-general's  office  at  Sacramento,  nine  hundred 
and  sixty  dollars. 

For  postage,  expressage,  telegraphing,  and  contingent  expenses,  attorney- 
general's  office,  three  thousand  four  hundred  dollars. 

For  traveling  expenses,  attorney-general,  one  thousand  dollars. 

For  costs  and  expenses  of  suits  wherein  the  state  is  a  party  in  interest,  four 
thousand  dollars. 

For  office  rent  of  attorney-general  in  San  Francisco,  three  thousand  six 
hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  attorney-general,  six  thousand 
dollars. 

For  purchase  of  law-books,  one  thousand  dollars. 

FOR   surveyor-general's  OFFICE. 

For  salary  of  surveyor-general,  six  thousand  dollars. 

For  salary  of  deputy  surveyor-general,  four  thousand  eight  hundred  dollars. 

For  salary  of  assistant  surveyor-general,  four  thousand  dollars. 

For  salaries  of  clerks,  surveyor-general's  office  and  register  state  land  office, 
twelve  thousand  eight  hundred  dollars. 

For  pay  of  porter,  surveyor-general's  office,  nine  hundred  and  sixty  dollars. 

For  postage,  expressage,  and  telegraphing,  surveyor-general's  office,  one 
thousand  two  hundred  dollars. 

For  contingent  and  traveling  expenses,  surveyor-general's  office,  seven  hun- 
dred and  fifty  dollars. 

For  purchase  of  and  copying  maps,  surveyor-general's  office,  three  thousand 
dollars.  ' 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  surveyor-general,  one  thousand 
two  hundred  dollars. 

For  traveling  expenses  of  surveyor-general  and  attorney-general  when  en- 
gaged in  contests  between  the  state  and  the  United  States  and  other  state 
business  in  relation  to  land,  five  hundred  dollars. 

FOR   OFFICE    OF   SUPERINTENDENT    OF   PUBLIC    INSTRUCTION. 

For  salary  of  superintendent  of  public  instruction,  six  thousand  dollars. 

For  salary  of  deputy  superintendent  of  public  instruction,  four  thousand 
eight  hundred  dollars. 

For  salary  of  statistician,  superintendent  of  public  instruction,  three  thou- 
sand two  hundred  dollars. 


40  APPROPRIATION   BILL,— STATE. 

For  salary  of  clerk  and  stenographer,  superintendent  of  public  instruction's 
office,  two  thousand  four  hundred  dollars. 

For  clerical  assistance  in  superintendent  of  public  instruction's  office,  in 
distributing  state  school  books,  four  thousand  dollars. 

Fof  pay  of  porter,  superintendent  of  public  instruction's  office,  one  thou- 
sand four  hundred  and  forty  dollars. 

For  postage,  expressage,  and  telegraphing,  superintendent  of  public  instruc- 
tion's office,  two  thousand  four  hundred  dollars. 

For  contingent  and  traveling  expenses  (including  traveling  expenses  under 
section  fifteen  hundred  and  thirty-two,  Political  Code),  three  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  superintendent  of  public  instruc- 
tion, twelve  thousand  dollars. 

FOR   MILITARY   PURPOSES. 

For  salary  of  adjutant-general,  six  thousand  dollars. 

For  salary  of  assistant  adjutant-general,  four  thousand  eight  hundred 
dollars. 

For  salary  of  clerks,  eight  thousand  eight  hundred  dollars. 

For  salary  of  military  storekeeper  and  state  armorer,  two  thousand  four 
hundred  dollars. 

For  postage,  expressage,  and  telegraphing,  adjutant-general's  office,  one 
thousand  six  hundred  dollars. 

For  care  of  state  armory,  cleaning  and  transportation  of  arms,  traveling  and 
contingent  expenses  of  the  adjutant-general,  five  thousand  dollars. 

For  target  practice  and  purchase  of  medals,  national  guard,  ten  thousand 
dollars. 

For  allowance  for  brigade  headquarters,  national  guard,  four  thousand  six 
hundred  dollars. 

For  allowance  for  regimental  headquarters,  including  allowance  for  bands, 
national  guard,  fourteen  thousand  two  hundred  and  thirty-two  dollars. 

For  armory  rents  and  other  expenses  of  the  national  guard,  one  hundred 
and  eighty  thousand  dollars. 

For  armory  rents,  unattached  companies,  national  guard,  fifteen  hundred 
dollars. 

For  traveling  expenses  and  per  diem  of  officers  on  detail  duty,  national 
guard,  six  thousand  dollars. 

For  hospital  supplies,  national  guard,  one  thousand  dollars. 

For  furnishing  coal  and  other  supplies,  and  for  repairs  to  training  ships, 
naval  militia,  three  thousand  dollars. 

For  purchase  of  uniforms,  and  equipments,  national  guard,  five  thousand 
dollars. 

For  encampments,  national  guard  (exempt  from  §  4  of  this  act),  fifteen 
thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  adjutant-general,  four  thousand 
dollars. 


APPROPRIATION   BILL — STATE.  _  41 

FOR   STATE   LIBRARY. 

For  salary  of  state  librarian,  six  thousand  dollars. 

For  salary  of  two  deputy  state  librarians,  seven  thousand  two  hundred 
dollars. 

FOR  STATE  PRINTING  OFFICE. 

For  salary  of  superintendent  of  state  printing,  six  thousand  dollars. 

For  salary  of  deputy  superintendent  of  state  printing,  four  thousand  eight 
hundred  dollars. 

For  salary  of  copy  editor  for  state  printer,  three  thousand  six  hundred 
dollars. 

For  postage,  traveling,  telegraphing,  and  contingent  expenses,  one  thousand 
dollars. 

For  lithographing,  engraving,  and  half-tone  plates  and  zincotypes,  and  work 
of  like  character,  state  printing  office,  five  thousand  dollars. 

For  insurance  of  state  printing  office  and  contents,  one  thousand  eight  hun- 
dred dollars. 

For  legislative  printing,  thirty-seventh  session,  five  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  printer,  seven  hundred 
dollars. 

FOR  STATE  BOARD  OF  HEALTH. 

For  salary  of  secretary  to  state  board  of  health,  six  thousand  dollars. 

For  salary  of  attorney  to  state  and  San  Francisco  boards  of  health,  six 
thousand  dollars. 

For  traveling  and  contingent  expenses  of  state  board  of  health,  five  thou- 
sand dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  board  of  health,  two  thousand 
dollars. 

For  salary  of  statistician  for  state  board  of  health,  three  thousand  six  hun- 
dred dollars. 

FOR   OFFICE   OP  INSURANCE   COMMISSIONER. 

For  salary  of  insurance  commissioner,  six  thousand  dollars. 

For  salary  of  deputy  insurance  commissioner,  three  thousand  six  hundred 
dollars. 

For  traveling  and  contingent  expenses  of  the  insurance  commissioner,  one 
thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  office  of  insurance  commissioner, 
two  thousand  five  hundred  dollars. 

FOR   BOARD   OF   RAILROAD   COMMISSIONERS. 

For  salaries  of  railroad  commissioners,  twenty-four  thousand  dollars. 

For  salary  of  secretary  to  board  of  railroad  commissioners,  four  thousand 
eight  hundred  dollars. 

For  salary  of  bailiff  to  board  of  railroad  commissioners,  two  thousand  four 
hundred  dollars. 


4a  APPROPRIATION  BILL — STATE. 

For  salary  of  stenographer  to  board  of  railroad  commissioners,  one  thousand 
eight  hundred  dollars. 

For  office  rent,  board  of  railroad  commissioners,  one  thousand  two  hmi- 
dred  dollars. 

For  fuel,  lights,  postage,  expressage,  and  incidental  expenses,  board  of  rail- 
road commissioners,  one  thousand  two  hundred  and  fifty  dollars. 

For  traveling  expenses,  board  of  railroad  commissioners,  seven  hundred 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  board  of  railroad  commissioners,  two 
thousand  dollars. 

FOR    STATE   BOARD    OF   EQUALIZATION. 

For  salaries  of  members  of  the  state  board  of  equalization,  twenty-four 
thousand  dollars. 

For  salary  of  clerk  state  board  of  equalization,  four  thousand  eight  hundred 
dollars. 

For  pay  of  porter,  state  board  of  equalization,  nine  hundred  and  sixty 
dollars. 

For  postage,  expressage,  telegraphing,  and  contingent  expenses,  state  board 
of  equalization,  eight  hundred  and  fifty  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  state  board  of  equalization,  one  thou- 
sand two  hundred  and  fifty  dollars. 

FOR    COMMISSIONER   FOR   REVISION   AND   REFORM    OF   THE   LAW. 

For  salary  of  commissioner  for  revision  and  reform  of  the  law,  seven  thou- 
sand two  hundred  dollars. 

For  salary  of  stenographer  to  commissioner  for  revision  and  reform  of  the 
law,  two  thousand  four  hundred  dollars. 

For  postage,  expressage,  and  telegraphing,  office  of  commissioner  for  re- 
vision and  reform  of  the  law,  two  hundred  and  fifty  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  commissioner  for  revision  and 
reform  of  the  law,  one  thousand  dollars. 

FOR   CALIFORNIA   REDWOOD   PARK. 

For  improvement  and  maintenance  California  Redwood  Park,  twenty  thou- 
sand dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  California  Redwood  Park,  three  hun- 
dred dollars. 

FOR   DEPARTMENT    OF    HIGHWAYS. 

For  salary  of  the  commissioner  of  the  department  of  highways,  six  thousand 
dollars. 

For  salary  of  secretary,  department  of  highways,  three  thousand  dollars. 

For  salary  of  stenographer,  department  of  highways,  two  thousand  four 
hundred  dollars. 

For  pay  of  porter  of  department  of  highways,  nine  hundred  and  sixty 
dollars. 


APPROPRIATION  BILL — STATE.  43 

For  traveling  and  contingent  expenses,  department  of  highways,  one  thou- 
sand dollars. 

For  improvement  and  maintenance  of  Sonora  and  Mono  road,  eight  thou- 
sand dollars. 

For  improvement  and  maintenance  of  Mono  Lake  Basin  road,  one  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  department  of  highways,  seven 
hundred  and  fifty  dollars. 

FOR   LAKE   TAHOE   WAGON   ROAD   COMMISSIONER. 

For  salary  of  commissioner  for  Lake  Tahoe  wagon  road,  one  thousand  two 
hundred  dollars. 

For  maintenance  of  Lake  Tahoe  wagon  road,  eight  thousand  dollars. 

FOR   STATE   MINING   BUREAU. 

For  salary  of  state  mineralogist  for  the  state  mining  bureau,  six  thousand 
dollars. 

For  support  of  the  state  mining  bureau,  including  salaries,  thirty-five  thou- 
sand dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  state  mining  bureau,  five  thou- 
sand dollars. 

FOR   COMMISSIONER   OF   PUBLIC   WORKS. 

For  salary  of  commissioner  of  public  works,  six  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  commissioner  public  works,  five 
hundred  dollars. 

FOR   DEBRIS    COMMISSIONER. 

For  salary  of  debris  commissioner,  one  thousand  two  hundred  dollars. 

For  salary  of  secretary  to  debris  commissioner,  six  hundred  dollars. 

For  traveling  and  incidental  expenses  of  debris  commissioner,  six  hundred 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  debris  commissioner,  fifty  dollars. 

FOR    STATE    HOSPITALS. 

For  support  of  Stockton  state  hospital,  two  hundred  and  forty  thousand 
one  hundred  dollars. 

For  salaries  of  officers  and  employees  of  Stockton  state  hospital,  two  hun- 
dred and  thirteen  thousand  dollars. 

For  support  of  Napa  state  hospital,  two  hundred  and  thirty-seven  thousand 
nine  hundred  dollars. 

For  salaries  of  officers  and  employees  of  Napa  state  hospital,  two  hundred 
and  eleven  thousand  dollars. 

For  support  of  Agnews  state  hospital,  one  hundred  and  eighty-two  thousand 
dollars. 

For  salaries  of  officers  and  employees  of  Agnews  state  hospital,  one  hundred 
and  fifty-nine  thousand  dollars. 


44  APPROPRIATION   BILLr— STATE. 

For  salary  of  female  physician  at  Agnews  state  hospital,  three  thousand 

dollars. 

For  support  of  Mendocino  state  hospital,   one  hundred  and  twenty-eight 

thousand  dollars. 

For  salaries  of  officers  and  employees  of  Mendocino  state  hospital,  one  hun- 
dred and  six  thousand  five  hundred  dollars. 

For  salary  of  female  physician  at  Mendocino  state  hospital,  one  thousand 
six  hundred  dollars. 

For  support  of  Southern  California  state  hospital,  one  hundred  and  eighty 
thousand  dollars. 

For  salaries  of  officers  and  employees  of  Southern  California  state  hospital, 
one  hundred  and  twenty-three  thousand  dollars. 

For  salary  of  female  physician  at  Southern  California  state  hospital,  one 
thousand  six  hundred  dollars. 

For  support  of  Home  for  Feeble-Minded  Children,  one  hundred  and  thirty- 
one  thousand  eight  hundred  dollars. 

For  salaries  of  officers  and  employees  of  Home  for  Feeble-Minded  Children, 
one  hundred  thousand  seven  hundred  and  fifty-five  dollars. 

For  salary  of  female  physician  at  the  Home  for  Feeble-Minded  Children,  one 
thousand  six  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  state  lunacy  commission,  five 
thousand  five  hundred  dollars. 

For  support  of  Institution  for  Deaf,  Dumb,  and  Blind  at  Berkeley,  forty 
thousand  nine  hundred  and  sixty  dollars. 

For  salaries  of  officers  and  employees  of  same,  ninety-one  thousand  two 
hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  Institution  for  Deaf,  Dumb,  and 
Blind,  six  hundred  dollars. 

For  support  of  Home  for  Adult  Blind,  twenty-eight  thousand  dollars. 

For  salaries  of  officers  and  employees  of  same,  twenty-two  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  Home  for  Adult  Blind,  six  hun- 
dred dollars. 

FOR   STATE   PRISONS   AND   REFORM    SCHOOLS. 

For  support  of  state  prison  at  San  Quentin,  three  hundred  and  ninety-six 
thousand  three  hundred  and  fifty-two  dollars. 

For  salaries  of  officers  and  employees  of  same,  two  hundred  and  seven  thou- 
sand nine  hundred  and  twenty  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  state  prison  at  San  Quentin,  two 
thousand  five  hundred  dollars. 

For  support  of  state  prison  at  Folsom,  one  hundred  and  fifty  thousand 
dollars. 

For  salaries  of  officers  and  employees  of  same,  one  hundred  and  forty-five 
thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 


APPROPRIATION   BILI-. — STATE.  45 

furnished  by  the  state  printing  office  for  the  state  prison  at  Folsom,  two  thou- 
sand five  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  state  board  of  prison  directors, 
five  hundred  dollars. 

FOR   HOSPITAL   FOR    CONVICT    INSANE. 

For  support  of  Hospital  for  Convict  Insane,  six  thousand  dollars. 
For  salaries  of  officers  and  employees  of  same,  six  thousand  dollars. 

FOR   REFORM    SCHOOLS. 

For  support  of  Preston  School  of  Industry,  sixty  thousand  dollars. 

For  salaries  of  officers  and  employees  of  same,  fifty-five  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  Preston  School  of  Industry,  three 
hundred  and  fifty  dollars. 

For  support  of  Whittier  State  School,  one  hundred  and  fifteen  thousand 
dollars. 

For  salaries  of  officers  and  employees  of  same,  one  hundred  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  Whittier  State  School,  three  hun- 
dred and  fifty  dollars. 

For  transportation  of  prisoners  to  the  state  prisons,  and  children  committed 
to  the  "Whittier  State  School  and  Preston  School  of  Industry  and  insane  and 
feeble-minded  children,  one  hundred  and  thirty-five  thousand  dollars. 

STATE   UNIVERSITY. 

For  support  and  maintenance.  University  of  California  (Act  March  fifteen, 
nineteen  hundred  and  one),  two  hundred  thousand  dollars. 

For  maintenance  of  California  Poultry  Experiment  Station,  four  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  State  University,  twelve  thou- 
sand dollars. 

FOR    STATE    NORMAL    SCHOOLS. 

For  support  of  state  normal  school  at  San  Jose,  eight  thousand  dollars. 

For  salaries  of  officers,  teachers,  and  employees  of  same,  ninety-eight  thou- 
sand dollars. 

For  care  and  improvement  of  grounds,  four  thousand  dollars. 

For  library,  museum,  and  purchase  of  scientific  apparatus,  three  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  state  normal  school  at  San  Jose,  one 
thousand  dollars. 

For  support  of  state  normal  school  at  Los  Angeles,  ten  thousand  dollars. 

For  salaries  of  officers,  teachers,  and  employees  of  same,  ninety-five  thou- 
sand dollars. 

For  care  and  improvement  of  grounds,  two  thousand  dollars. 

For  library,  museum,  and  purchase  of  scientific  apparatus,  three  thousand 
dollars. 


4«  APPROPRIATION  BILL, — STATE. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  state  normal  school  at  Los  Angeles, 
one  thousand  dollars. 

For  support  of  state  normal  school  at  Chico,  five  thousand  five  hundred 

dollars. 
For  salaries  of  officers,  teachers,  and  employees  of  same,  sixty  thousand 

dollars. 

For  care  and  improvement  of  grounds,  two  thousand  dollars. 

For  library,  museum,  and  purchase  of  scientific  apparatus,  one  thousand 
eight  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  state  normal  school  at  Chico,  nine 
hundred  dollars. 

For  support  of  state  normal  school  at  San  Diego,  five  thousand  dollars. 

For  salaries  of  officers,  teachers,  and  employees  of  same,  fifty-eight  thousand 
dollars. 

For  library,  museum,  and  scientific  apparatus  for  same,  two  thousand 
dollars. 

For  care  and  improvement  of  grounds  of  same,  two  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  state  normal  school  at  San  Diego, 
nine  hundred  dollars. 

For  support  of  state  normal  school  at  San  Francisco,  six  thousand  dollars. 

For  salaries  of  officers,  teachers,  and  employees  of  same,  forty-eight  thou- 
sand dollars. 

For  library,  museum,  and  scientific  apparatus  for  same,  three  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  state  normal  school  at  San  Francisco, 
nine  hundred  dollars. 

FOR    CALIFORNIA   POLYTECHNIC    SCHOOL. 

For  support  and  maintenance,  including  purchase  of  stock  and  equipment 
for  farm  and  laboratories,  twenty-two  thousand  three  hundred  dollars. 

For  salaries  of  officers,  teachers,  and  employees,  forty-one  thousand  dollars. 

For  care  and  improvement  of  grounds,  five  thousand  dollars. 

For  library,  one  thousand  dollars. 

For  expenses  of  trustees,  eight  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  California  Polytechnic  School,  eight 
hundred  dollars. 

FOR   BUREAU   OF   LABOR   STATISTICS. 

For  salary  of  the  commissioner,  bureau  of  labor  statistics,  six  thousand 
dollars. 

For  salary  of  deputy  commissioner,  bureau  of  labor  statistics,  three  thou- 
sand six  hundred  dollars. 

For  office  rent,  bureau  of  labor  statistics,  one  thousand  two  hundred  dollars. 

For  salary  of  assistants,  traveling  and  contingent  expenses,  bureau  of  labor 
statistics  (Stats.  1889,  page  7),  seven  thousand  dollars. 


APPROPRIATION   BILL — STATE.  47 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  for  the  bureau  of  labor  statistics,  two 
thousand  five  hundred  dollars. 

FOR   STATE    COMMISSIONER    OF    HORTICULTURE. 

For  salary  of  commissioner,  six  thousand  dollars. 

For  salary  of  deputy  commissioner,  four  thousand  eight  hundred  dollars. 

For  salary  of  clerk,  three  thousand  dollars. 

For  support  and  expense  of  state  board  of  horticulture,  fifteen  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  commissioner  of  horticulture, 
five  thousand  dollars. 

FOR  FISH   COMMISSION. 

For  restoration  and  preservation  of  game,  twenty-five  thousand  dollars. 

For  restoration  and  preservation  of  fish,  twenty  thousand  dollars. 

For  support  and  maintenance  of  state  hatcheries,  twenty-five  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  fish  commission,  one  thousand  four 
hundred  dollars. 

FOR  STATE  BOARD  OF  EDUCATION. 

For  traveling  expenses  of  state  board  of  education,  one  thousand  five  hun- 
dred dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  board  of  education,  one  hun- 
dred dollars. 

FOR   veterans'    HOME. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  Veterans'  Home,  two  hundred  and 
fifty  dollars. 

FOR   STATE   AGRICULTURAL  SOCIETT. 

For  aid  to  state  agricultural  society;  provided,  that  the  state  agricultural 
society  create  and  maintain  a  statistical  department  for  the  annual  collection, 
compilation  and  distribution  of  statistics  relating  to  the  products  and  re- 
sources of  the  state,  thirty  thousand  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  agricultural  society,  six 
thousand  dollars. 

FOR   STATE   VETERINARIAN. 

For  salary  of  state  veterinarian,  four  thousand  dollars.  ' 

For  traveling  and  contingent  expenses  of  same,  two  thousand  dollars. 

For  salary  and  per  diem  and  traveling  expenses  of  assistants,  four  thousand 
dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  the  state  veterinarian,  two  hundred 
dollars. 


4S  APPROPRIATION   BILL,— STATE. 

MISCELLANEOUS. 

For  official  advertising,  two  thousand  dollars. 

For  maintenance  of  governor's  residence,  five  thousand  dollars. 

For  traveling  expenses,  joint  board  normal  school  directors,  one  thousand 
five  hundred  dollars. 

For  actual  expenses  of  state  commission  on  voting  or  ballot  machines 
(exempt  from  section  four  of  this  act),  five  hundred  dollars. 

For  salary  of  guardian,  Marshall  monument  and  grounds,  one  thousand  two 
hundred  dollars. 

For  salary  of  guardian  of  Sutter's  Fort,  one  thousand  four  hundred  and 
forty  dollars. 

For  payment  of  interest  on  one  hundred  thousand  dollars  to  Hastings  Col- 
lege of  the  Law,  fourteen  thousand  dollars. 

For  pure-wine  labels,  three  hundred  dollars. 

For  care  of  state  burial  grounds,  two  hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  harbor  commissioners,  San  Diego,  one 
hundred  dollars. 

For  printing,  binding,  ruling,  and  all  other  work  performed  and  materials 
furnished  by  the  state  printing  office  to  various  officers,  boards  and  commis- 
sions, to  be  expended  under  the  direction  of  the  state  board  of  examiners,  five 
thousand  five  hundred  dollars. 

OTHER   ESTIMATES. 

For  orphans,  half  orphans,  and  abandoned  children  as  provided  in  an  act 
to  appropriate  money  for  support  of  orphans,  half  orphans,  and  abandoned 
children,  approved  March  twenty-five,  eighteen  hundred  and  eighty,  and  the 
amendments  thereof,  nine  hundred  and  fifty  thousand  dollars. 

§  2.  The  sums  that  are  herein  appropriated  for  expenses  of  the  senate  and 
assembly  shall  be  disbursed  under  the  direction  of  the  bodies  to  which  they 
respectively  belong,  and  shall  not  be  subject  to  any  of  the  provisions  of  section 
six  hundred  and  seventy-two  of  the  Political  Code.  The  sums  herein  appro- 
priated for  the  expenses  of  the  national  guard  shall  be  audited  by  the  board  of 
military  auditors,  as  required  by  sections  two  thousand  and  ninety-three  and 
two  thousand  and  ninety-nine  of  the  Political  Code.  Not  more  than  five  hun- 
dred dollars  of  the  moneys  hereby  appropriated  for  the  support  of  the  insti- 
tutions of  the  state  shall  be  used  for  permanent  improvements,  but  shall  be 
used  solely  for  the  payment  of  salaries  and  traveling  expenses  of  the  com- 
missioners or  directors  having  charge  of  the  same  (when  such  salaries  or 
expenses  are  allowed  by  law),  the  salaries  of  employees,  the  purchase  of 
material  and  supplies  for  the  use  of  said  institutions,  and  for  such  incidental 
and  current  expenses  as  may  be  necessarily  incurred  for  the  proper  manage- 
ment and  support  of  said  institutions. 

§  3.  All  persons  having  demands  against  the  state,  the  various  state  officers, 
and  the  officers  of  all  institutions  under  the  control  of  the  state,  except  the 
governor,  to  whom  and  for  which  appropriations  other  than  salaries  are  made 
under  the  provisions  of  this  act,  shall,  Mnth  their  biennial  report,  submit  a 
detailed  statement,  under  oath,  of  the  manner  in  which  all  appropriations  for 


APPROPRIATION   BILL — STATE.  49 

their  respective  departments  and  institutions  have  been  expended,  and  the 
state  board  of  examiners  is  hereby  expressly  prohibited  from  allowing  any 
demand  payable  out  of  any  such  appropriations  until  the  same  are  presented 
in  itemized  form,  accompanied  by  affidavit  and  voucher  for  money  expended 
by  them,  stating  specifically  the  service  rendered,  by  whom  performed,  time 
employed,  distance  traveled,  and  necessary  expenses  thereof;  if  for  articles 
purchased,  the  name  of  each  article,  together  with  the  price  paid  for  each,  and 
of  whom  purchased,  with  the  date  of  the  purchase.  All  bills  and  vouchers, 
which  shall  be  presented  for  supplies  furnished  or  services  rendered,  shall  be 
original  bills  and  vouchers  of  the  parties  furnishing  supplies  and  rendering 
services ;  provided,  that  no  officer  shall  use  or  appropriate  any  money  for  any 
purpose  whatsoever  appropriated  by  this  act,  unless  authorized  thereto  by  law. 

§  4.  Not  more  than  one  twenty-fourth  part  of  the  amount  appropriated 
under  this  act  for  each  department  or  institution  for  the  two  years  ending 
June  thirtieth,  nineteen  hundred  and  seven,  shall  be  expended  during  any  one 
month  without  the  consent  of  the  state  board  of  examiners,  and  not  more  than 
one  half  of  such  appropriation  during  the  fifty-seventh  fiscal  year,  unless  the 
same  has  been  expressly  authorized  by  this  act. 

§  5,  The  officers  of  the  various  departments,  boards,  commissions,  and 
institutions,  for  whose  benefit  and  support  appropriations  are  made  in  this  act, 
are  expressly  forbidden  to  make  any  expenditure  in  excess  of  such  appropria- 
tions, except  the  unanimous  consent  of  the  state  board  of  examiners  be  first 
obtained,  and  a  certificate,  in  writing,  duly  signed  by  every  member  of  said 
board,  of  the  unavoidable  necessity  of  such  expenditure ;  and  any  indebtedness 
attempted  to  be  created  against  the  state  in  violation  of  the  provisions  of  this 
section  shall  be  absolutely  null  and  void,  and  shall  not  be  allowed  by  said  state 
board  of  examiners,  nor  paid  out  of  any  state  appropriations;  provided,  that 
any  member  of  any  such  department,  board,  commissions,  or  institutions,  who 
shall  vote  for  any  expenditure,  or  create  any  indebtedness  against  the  state 
in  excess  of  the  respective  appropriations  made  by  this  act,  except  by  the 
unanimous  consent  of  the  state  board  of  examiners,  and  the  certificate  in  this 
section  provided  to  be  first  obtained,  shall  be  liable  on  his  official  bond  for  the 
amount  of  such  indebtedness,  to  be  recovered  in  any  court  of  competent  juris- 
diction by  the  person  or  persons,  firm  or  corporation,  to  whom  such  indebted- 
ness is  owing. 

§  6.  No  money  appropriated  by  this  act  shall  be  used  to  renew,  or  pay  for  the 
renewal  of,  any  insurance  on  any  public  building  or  property,  nor  to  effect  or 
pay  for  any  new  insurance  on  any  public  building  or  property,  except  the  state 
printing  office  and  its  contents  and  the  pavilion  of  the  state  agricultural 
society. 

§  7.  The  various  sums  herein  appropriated  for  printing,  ruling,  binding, 
materials  and  all  other  work  provided  by  law  to  be  done  in  the  state  printing 
office  shall  be  expended  only  upon  requisitions  to  be  approved  by  the  state 
board  of  examiners,  and  said  board  is  authorized  and  given  power  to  reduce 
the  amount  of  such  requisitions  either  in  whole  or  in  any  item  thereof. 

March   22,    1905. 
This  bin,   being'  Assembly  BiH   No.   1157,  entitled  "An  act  making-  appropriations  for  the 
support  of  the   g-overnment  of  the   gl&te  of  California  for  the  flfty-seventh  and  fifty-eig-hth 
Gen.  Laws — 4 


50  ARBITRATION — STATE    BOARD    OF. 

fiscal   years,"    is   approved,   with  ttie   exception  of  the  following  items,  that  is  to  say:  twp 
items  on  page  13,  reading  as  follows: 

"For  Hospital  for  Convict  Insane. 

"For  support  of  Hospital  for  Convict  Insane,  six  thousand  dollars. 

"For  salaries  of  officers  and  employees  of  same,   six  thousand  dollars." 

I  object  to  the  foregoing  items  of  the  same  and  withhold  my  approval  from  them  for 
the  following  reason,  that  is  to  say: 

The  Hospital  for  Convict  Insane,  for  the  construction  of  which  an  appropriation  has 
been  made,  will  probably  not  be  completed  until  about  the  end  of  the  biennial  period 
Included  in  the  fifty-seventh  and  fifty-eighth  fiscal  years;  and,  therefore,  it  is  not 
necessary  to  make  appropriations  at  this  time  for  the  support  of  such  hospital  or  for 
salaries  of  officers  and  employees.  Therefore  I  disapprove  of  the  two  items  of  appropria- 
tion above  cited,  while  approving  all  of  the  remainder  of  the  bill. 

GEO.   C.    PARDEE,   Governor. 

ARBITRATION— STATE  BOARD  OF. 

To  provide  for  a  state  board  of  arbitration  for  the  settlement  of  differences 
between  employers  and  employees,  to  define  the  duties  of  said  board,  and 
to  appropriate  the  sum  of  twenty-five  hundred  dollars  therefor. 

(Stats.  1891,  49,  eh.  LI.) 

§  1.  On  or  before  the  first  day  of  May  of  each  year,  the  governor  of  the 
state  shall  appoint  three  competent  persons  to  serve  as  a  state  board  of  arbi- 
tration and  conciliation.  One  shall  represent  the  employers  of  labor,  one  shall 
represent  labor  employees,  and  the  third  member  shall  represent  neither,  and 
shall  be  chairman  of  the  board.  They  shall  hold  ofifice  for  one  year  and  until 
their  successors  are  appointed  and  qualified.  If  a  vacancy  occurs,  as  soon  as 
possible  thereafter  the  governor  shall  appoint  some  one  to  serve  the  unexpired 
term ;  provided,  however,  that  when  the  parties  to  any  controversy  or  differ- 
ence, as  provided  in  section  two  of  this  act,  do  not  desire  to  submit  their 
controversy  to  the  state  board,  they  may  by  agreement  each  choose  one  person, 
and  the  two  shall  choose  a  third,  w'ho  shall  be  chairman  and  umpire,  and  the 
three  shall  constitute  a  board  of  arbitration  and  conciliation  for  the  special 
controversy  submitted  to  it,  and  shall  for  that  purpose  have  the  same  powers 
as  the  state  board.  The  members  of  the  said  board  or  boards,  before  entering 
upon  the  duties  of  their  office,  shall  be  sworn  to  faithfully  discharge  the  duties 
thereof.  They  shall  adopt  such  rules  of  procedure  as  they  may  deem  best  to 
carry  out  the  provisions  of  this  act. 

§  2.  Whenever  any  controversy  or  difference  exists  between  an  employer, 
whether  an  individual,  copartnership,  or  corporation,  which,  if  not  arbitrated, 
would  involve  a  strike  or  lockout,  and  his  employees,  the  board  shall,  upon 
application,  as  hereinafter  provided,  and  as  soon  as  practicable  thereafter, 
visit,  if  necessary,  the  locality  of  the  dispute  and  make  careful  inquiry  into 
the  cause  thereof,  hear  all  persons  interested  therein  who  may  come  before 
them,  advise  the  respective  parties  what,  if  anything,  ought  to  be  done  or 
submitted  to  by  either,  or  both,  to  adjust  said  dispute  and  make  a  written 
decision  thereof.  This  decision  shall  at  once  be  made  public,  and  shall  be 
recorded  upon  proper  books  of  record  to  be  kept  by  the  board. 

§  3.  Said  application  shall  be  signed  by  said  employer,  or  by  a  majority  of 
his  employees  in  the  department  of  the  business  in  which  the  controversy  or 
difference  exists,  or  their  duly  authorized  agent,  or  by  both  parties,  and  shall 


BOARD    OF    ARBITRATION — ARCHITECTURE.  61 

contain  a  concise  statement  of  the  grievances  complained  of,  and  a  promise 
to  continue  on  in  business  or  at  work,  without  any  lockout  or  strike,  until 
the  decision  of  said  board,  which  must,  if  possible,  be  made  within  three  weeks 
of  the  date  of  filing  the  application.  Immediately  upon  receipt  of  said  appli- 
cation, the  chairman  of  said  board  shall  cause  public  notice  to  be  given  of  the 
time  and  place  for  hearing.  Should  the  petitioners  fail  to  keep  the  promise 
made  therein,  the  board  shall  proceed  no  further  thereupon  without  the 
written  consent  of  the  adverse  party.  And  the  party  violating  the  contract 
shall  pay  the  extra  cost  of  the  board  entailed  thereby.  The  board  may  then 
reopen  the  case  and  proceed  to  the  final  arbitration  thereof  as  provided  in 
section  two  hereof. 

§  4.  The  decision  rendered  by  the  board  shall  be  binding  upon  the  parties 
who  join  in  the  application  for  six  months,  or  until  either  party  has  given  the 
other  a  written  notice  of  his  intention  not  to  be  further  bound  by  the  con- 
ditions thereof  after  the  expiration  of  sixty  days  or  any  time  agreed  upon  by 
the  parties,  which  agreement  shall  be  entered  as  a  part  of  the  decision.  Said 
notice  may  be  given  to  the  employees  by  posting  a  notice  thereof  in  three 
conspicuous  places  in  the  shop  or  factory  where  they  work. 

§  5.  Both  employers  and  employees  shall  have  the  right  at  any  time  to 
submit  to  the  board  complaints  or  grievances  and  ask  for  an  investigation 
thereof.  The  board  shall  decide  whether  the  complaint  is  entitled  to  a  public 
investigation,  and  if  they  decide  in  the  affirmative,  they  shall  proceed  to  hear 
testimony,  after  giving  notice  to  all  parties  concerned,  and  publish  the  result 
of  their  investigations  as  soon  as  possible  thereafter. 

§  6.  The  arbitrators  hereby  created  shall  be  paid  five  dollars  per  day  for 
each  day  of  actual  service,  and  also  their  necessary  traveling  and  other 
expenses  incident  to  the  duties  of  their  office  shall  be  paid  out  of  the  state 
treasury;  but  the  expenses  and  salaries  hereby  authorized  shall  not  exceed 
the  sum  of  twenty-five  hundred  dollars  for  the  two  years. 

§  7.  The  sum  of  twenty-five  hundred  dollars  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated,  for  the  expenses 
of  the  board  for  the  first  two  years  after  its  organization. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ARCHITECTS. 

See  Architecture;  Public  Works. 

ARCHITECTURE. 

To  regulate  the  practice  of  architecture. 

(Stats.    1901,    641,    ch.   CCXII;    amended   by   adding   §7,    Stats.    1903,    522, 

ch.  CCCLXXVI.) 

§  1.  "Within  sixty  days  from  and  after  the  passage  of  this  act,  the  governor 
of  the  state  shall  appoint  ten  persons,  which  persons  so  appointed  shall  con- 
stitute a  board,  which  board  shall  be  known  and  designated  as  the  state  board 
of  architecture.  Five  members  of  said  board  of  architecture,  shall  be  residents 
of  the  northern  district  of  California,  and  shall  constitute  the  northern  district 


53  ARCHITECTURE — STATE   BOARD    OF. 

[board]  for  the  examination  of  applicants  for  certificates  to  practise  architec- 
ture in  this  state.  And  five  members  of  said  board  shall  be  appointed  from  the 
southern  district  of  California,  and  shall  constitute  the  southern  district  board 
for  the  examination  of  applicants  for  certificates  to  practise  architecture  in 
this  state.  The  northern  district  shall  be  all  that  portion  of  the  state  north 
of  the  northerly  line  of  the  county  of  San  Luis  Obispo  and  the  county  of  Kern 
and  the  coimty  of  San  Bernardino.  And  the  southern  district  shall  be  all  that 
portion  of  the  state  south  of  the  northerly  line  of  the  county  of  San  Luis 
Obispo  and  of  the  county  of  Kern  and  of  the  county  of  San  Bernardino.  Said 
state  board  of  architecture  shall  be  appointed  by  the  governor  as  follows: 
Five  members  shall  be  ax)pointed  from  the  members  in  good  standing  of  the 
San  Francisco  Chapter  of  the  American  Institute  of  Architects,  or  some  similar 
institution  or  association  of  architects,  two  of  whom  shall  be  designated  to 
hold  office  for  two  years.  Five  members  shall  be  appointed  from  the  members 
of  the  Southern  California  Chapter  of  the  American  Institute  of  Architects, 
or  some  similar  institution  or  association  of  architects,  two  of  whom  shall  be 
designated  to  hold  office  for  two  years.  Each  person  so  appointed  shall  hold 
office  for  four  years,  unless  so  designated  to  hold  office  for  two  years.  And 
thereafter,  upon  the  expiration  of  the  term  of  office  of  the  persons  so  ap- 
pointed, the  governor  of  the  state  shall  appoint  a  successor  or  successors  to 
such  outgoing  person  or  persons  whose  term  of  office  shall  have  expired,  to 
hold  office  for  four  years;  provided,  that  the  membership  of  the  state  board 
of  architecture  shall  be  composed  as  herein  set  forth.  Each  member  shall  hold 
over  after  the  expiration  of  his  term  of  office  until  his  successor  shall  have  been 
duly  appointed  and  qualified.  Any  vacancy  occurring  in  the  membership  of 
the  board  shall  be  filled  by  the  governor  of  the  state  for  the  unexpired  term  in 
like  manner.  The  members  of  the  board  shall  serve  without  compensation 
from  the  state.  The  expenses  of  the  board  shall  be  paid  out  of  the  fees 
collected  from  applicants  for  certificates. 

§  2.  The  members  of  the  state  board  of  architecture  shall,  before  entering 
upon  the  discharge  of  the  duties  of  their  office,  take  and  file  with  the  secretary 
of  state  the  constitutional  oath  of  office.  The  said  state  board  of  architecture 
shall,  within  thirty  days  from  and  after  their  appointment,  meet  and  elect 
from  their  number  a  president  and  a  vice-president,  one  of  whom  shall  be  a 
resident  of  the  northern  district,  and  one  a  resident  of  the  southern  district, 
and  two  secretaries,  one  from  each  district.  The  secretaries  shall  also  act  as 
treasurers.  The  person  receiving  the  highest  number  of  votes  shall  be  secre- 
tary, and  the  person  receiving  the  next  highest  number  of  votes,  assistant 
secretary.  Said  persons  shall  hold  office  for  two  years,  or  until  their  successors 
shall  have  been  duly  elected  and  qualified. 

§  3.  The  board  may  adopt  rules  and  regulations  for  the  government  of  its 
proceedings,  not  inconsistent  with  this  act.  The  state  board  shall  adopt  a 
seal  for  its  own  use,  and  one  for  each  of  the  district  boards.  The  seal  used  by 
the  northern  district  board  shall  have  the  words  "Northern  District"  in- 
scribed thereon,  and  the  one  for  the  southern  district  shall  have  the  words 
"Southern  District"  inscribed  thereon,  and  the  secretary  and  assistant  secre- 
tary shall  have  charge,  care  and  custody  thereof.  The  secretary  shall  keep 
a  correct  record  of  all  the  proceedings  of  the  board,  which  shall  be  open  to 


ARCHITECTURE — RULES  AXD  REGULATIONS.  53 

public  examination  at  all  times.     Six  members  shall  constitute  a  quoi'um  for 
the  transaction  of  business  of  the  state  board  of  architecture,  and  three  mem- 
bers shall  constitute  a  quorum  of  the  district  boards  for  the  transaction  of 
business.     Special  meetings  of  the  state  board  of  architecture  shall  be  called 
by  the  secretary  upon  the  written  request  of  four  of  its  members,  and  by  giving 
twenty  days'  written  notice  of  such  meeting,  and  the  time  and  place  at  which 
such  meeting  is  to  be  held,  to  each  member  of  the  board.    The  district  boards 
shall  call  special  meetings  upon  the  written  request  of  two  of  its  members 
made  to  the  secretary,  and  upon  five  days'  written  notice  to  each  member  of 
such  district  board.     Within  thirty  days  from  and  after  the  date  of  their 
appointment,  the  state  board  shall  meet  to  organize,  elect  officers  as  in  this  act 
provided  for,  and  formulate  and  adopt  a  code  of  rules  and  regulations  for 
its  government  in  the  examination  of  applicants  for  certificates  to  practise 
architecture  in  this  state ;  and  such  other  rules  and  regulations  as  may  be 
necessary  and  proper,  not  inconsistent  with  this  act.     The  board  may  from 
time  to  time  repeal  or  modify  its  rules  and  regulations,  not  inconsistent  with 
this  act.     The  state  board  shall  meet  annually,   on  the  second  Tuesday  in 
April,  for  the  purpose  of  transacting  such  business  as  may  lawfully  come 
before  it,  not  inconsistent  with  this  act.     The  district  boards  shall  hold  their 
regular  meetings  for  the  examination  of  applicants  for  certificates  to  practise 
architecture,  on  the  last  Tuesday  of  January,  April,  July  and  October  of  each 
year.    The  board  of  the  northern  district  shall  meet  in  San  Francisco ;  and  the 
board  of  the  southern  district  shall  meet  in  Los  Angeles,  and  at  such  other 
times  and  places  as  they  may  elect,  to  examine  applicants  for  certificates. 
Any  person  shall  be  entitled  to  an  examination  for  a  certificate  to  practise 
architecture,  upon  payment,  to  the  district  board  when  he  makes  application, 
of  a  fee  of  fifteen  dollars,  which  fee  shall  be  retained  by  the  board ;  should  the 
applicant  pass  a  satisfactory  examination  by  said  district  board,  the  secretary 
shall,  upon  the  payment  to  him  of  a  further  fee  of  five  dollars,  issue  to  the 
applicant  a  certificate,  signed  by  the  president  and  secretary,  sealed  with  the 
seal  of  the  district  board,  and  directed  to  the  secretary  of  state,  setting  forth 
the  fact  that  the  person  therein  named  has  passed  a  satisfactory  examination, 
and  that  such  person  is  entitled  to  a  certificate  to  practise  architecture  in 
this  state,  in  accordance  with  the  provisions  of  this  act ;  and  upon  the  payment 
to  the  secretary  of  state  a  fee  of  five  dollars,  the  secretary  shall  at  once  issue  to 
the  person  therein  named,  a  certificate  to  practise  architecture  in  this  state 
in  accordance  with  the  provisions  of  this  act,  which  certificate  shall  contain 
the  full  name  of  the  applicant,  his  birthplace,  and  age,  together  with  the  name 
of  the  district  board  issuing  the  certificate,   and  date   of  issuance  thereof. 
All  papers  received  by  the  secretary  of  state  on  application  for  certificate 
shall  be  kept  on  file  in  his  office,  and  a  proper  index  and  record  thereof  shall 
be  kept  by  him. 

§  4.  Any  architect  in  good  standing,  who  shall  show  to  the  satisfaction  of 
the  district  board  of  the  district  in  which  such  architect  may  reside,  that  he 
was  engaged  in  the  practice  of  the  profession  of  architecture  on  the  date 
of  the  passage  of  this  act,  shall  be  granted  a  certificate  without  passing  an 
examination,  on  the  payment  to  the  district  board  of  a  fee  of  five  dollars; 
provided,  such  application  shall  be  made  within  six  months  from  and  after 


54  ARCHITECTURE — CERTIFICATE — PENALTY. 

the  passage  of  this  act.  Said  certificate  shall  set  forth  the  fact  that  the 
person  to  whom  the  same  was  issued  was  practising  architecture  in  this  state 
at  the  time  of  the  passage  of  this  act,  and  that  the  person  therein  named  is 
entitled  to  a  certificate  to  practise  architecture  without  having  to  pass  an 
examination  by  the  district  board;  and  the  secretary  of  state  shall,  upon  the 
payment  to  him  of  a  fee  of  five  dollars,  issue  to  the  person  named  therein  a 
certificate  to  practise  architecture  in  this  state,  in  accordance  with  the  pro- 
visions of  this  act.  Each  certificated  architect  shall  have  his  certificate  re- 
corded in  the  office  of  the  county  recorder,  in  each  and  every  county  in  this 
state,  in  which  the  holder  thereof  shall  practise,  and  he  shall  pay  to  the  re- 
corder the  same  fee  as  is  charged  for  the  recording  of  deeds,  A  failure  to  have 
his  certificate  so  recorded  shall  be  deemed  sufficient  cause  for  revocation  of 
such  certificate. 

§  5.  After  the  expiration  of  six  months  from  the  passage  of  this  act,  it 
shall  be  unlawful,  and  it  shall  be  a  misdemeanor,  punishable  by  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  for  any  person  to 
practise  architecture  without  a  certificate  in  this  state,  or  to  advertise,  or 
put  out  any  sign  or  card,  or  other  device  which  might  indicate  to  the  public 
that  he  was  an  architect;  provided,  that  nothiug  in  this  act  shall  prevent  any 
person  from  making  plans  for  his  own  buildings,  nor  furnishing  plans  or  other 
data  for  buildings  for  other  persons,  provided  the  person  so  furnishing  such 
plans  or  data  shall  fully  inform  the  person  for  whom  such  plans  or  data  are 
furnished,  that  he,  the  person  furnishing  such  plans,  is  not  a  certificated  archi- 
tect; provided,  that  nothing  in  this  act  shall  prevent  the  employment  of  an 
architect  residing  out  of  the  state  of  California,  to  prepare  plans  and  specifica- 
tions for  buildings  or  other  structures  within  the  state,  conditioned  he  shall 
present  satisfactory  evidence  to  the  board  of  the  district  in  which  the  structure 
is  to  be  erected,  that  he  is  a  competent  architect,  when  such  board  shall  issue 
to  such  architect  a  temporary  certificate  for  such  employment,  upon  the  pay- 
ment of  a  fee  of  five  dollars.  Architects'  certificates  issued  in  accordance  with 
the  provisions  of  this  act  shall  remain  in  full  force  until  revoked  for  cause,  as 
hereinafter  provided  for  in  this  act.  A  certificate  may  be  revoked  for  dis- 
honest practices,  or  for  gross  incompetency  in  the  practice  of  the  profession, 
which  questions  shall  be  determined  by  the  district  board  of  the  district  in 
which  the  person  whose  certificate  is  called  in  question  shall  reside,  or  shall 
be  doing  business ;  and  upon  a  full  investigation  of  the  charges  by  the  district 
board,  an  opportunity  having  been  given  the  accused  to  be  heard  in  his  own 
defense  or  by  counsel;  and  upon  the  verdict  of  at  least  four  members  of  the 
district  board,  the  board  may  issue  its  certificate  to  the  secretary  of  state 
revoking  the  certificate  of  the  person  accused ;  and  the  secretary  of  state  shall 
thereupon  cancel  such  certificate.  And  on  the  cancelation  of  such  certificate, 
it  shall  be  the  duty  of  the  secretary  of  the  district  board  to  give  notice  of 
such  cancelation  to  the  county  recorder  of  each  county  in  this  state,  M'here- 
upon  the  recorder  shall  mark  the  certificate  recorded  in  his  office,  ''Canceled," 

After  the  expiration  of  six  months  the  person  whose  certificate  was  revoked, 
may  have  a  new  certificate  issued  to  him  by  the  secretary  of  state  upon  the 
certificate  of  the  district  board  by  which  the  certificate  was  revoked. 

Every  certificated  architect  shall  have  a  seal,  the  impression  of  which  must 


ARCHITECTURE — ARTESIAN   WELLS.  65 

contain  the  name  of  the  architect,  his  place  of  business,  and  the  words  "Cer- 
tificated Architect, ' '  with  which  he  may  stamp  all  plans  prepared  by  him. 

§  6,     This  act  shall  take  effect  from  and  after  its  passage. 

§  7.  Each  regularly  certificated  architect  shall  pay  an  annual  license  fee 
of  five  dollars,  said  fee  to  be  paid  to  the  secretary  of  the  board  of  the  district 
of  which  he  shall  be  a  resident,  and  shall  be  payable  in  advance  on  January 
one,  and  shall  become  delinquent  the  first  day  of  April,  of  each  year,  after 
which  date  it  shall  be  delinquent,  and  the  certificate  of  such  architect  who 
shall  fail  to  pay  their  license  fees  by  April  one  of  each  year,  shall  be  subject  to 
cancelation  by  said  district  board,  and  notice  of  such  cancelation  shall  be 
sent  to  each  county  recorder  of  the  state  of  California  and  to  the  secretary 
of  state,  as  provided  in  section  five  of  the  act  to  regulate  the  practice  of 
architecture,  approved  March  twenty-three,  nineteen  hundred  and  one,  for 
cancelation  of  certificates.  And  the  secretary  of  the  said  district  shall  issue 
a  receipt  signed  by  the  president  and  secretary  of  the  district,  and  under  the 
seal  of  the  district  board,  to  each  architect  paying  said  license  fee,  showing 
that  said  certificated  architect  has  paid  his  annual  license  fee,  which  license 
receipt  shall  be  displayed  in  a  prominent  place  in  the  office  of  said  architect. 
The  fees  so  collected  shall  be  used  to  meet  the  expenses  of  the  state  board  of 
architecture.     [New  section.  Stats.  1903,  522.] 

See  tit.  Public  W  orka. 

ARTESIAN  WELLS. 

To  regulate  the  use  of  artesian  wells,  and  to  prevent  the  waste  of  subterranean 

waters   in  this   state. 

(Stats.    1877-8,    195,    ch.    CLIII;    amended    by    repeal    of  §    8,    1901,    284, 

ch.  CXXII.) 

§  1.  Any  artesian  well  which  is  not  capped,  or  furnished  with  such  mechan- 
ical appliance  as  will  readily  and  effectively  arrest  and  prevent  the  flow  of 
water  from  such  well,  is  hereby  declared  to  be  a  public  nuisance.  The  owner, 
tenant,  or  occupant  of  the  land  upon  which  such  well  is  situated,  who  causes, 
permits,  or  suffers  such  public  nuisance,  or  suffers  or  permits  it  to  remain  or 
continue,  is  guilty  of  a  misdemeanor. 

§  2.  Any  person  owning,  possessing,  or  occupying  any  land  upon  which  is 
situated  an  artesian  well,  who  causes,  suffers,  or  permits  the  water  to  unnec- 
essarily flow  from  such  well,  or  to  go  to  waste,  is  guilty  of  a  misdemeanor. 

§  3.  An  artesian  well  is  defined,  for  the  purposes  of  this  act,  to  be  any  arti- 
ficial well,  the  waters  of  which  will  flow  continuously  over  the  natural  surface 
of  the  ground  adjacent  to  such  well  at  any  season  of  the  year. 

§  4.  Waste  is  defined,  for  the  purpose  of  this  act,  to  be  the  causing,  suffering 
or  permitting  the  waters  flowing  from  such  well  to  run  into  any  river,  creek, 
or  other  natural  watercourse  or  channel,  or  into  any  bay,  lake,  or  pond,  or  into 
any  street,  road,  highway,  or  upon  the  land  of  any  person  other  than  that  of 
the  owner  of  such  well,  or  upon  public  lands  of  the  United  States  or  of  the 
state  of  California,  unless  it  be  used  thereon  for  the  purposes  and  in  the 
manner  that  it  may  be  lawfully  used  upon  the  land  of  the  owner  of  such  well; 
provided,  that  this  section  shall  not  be  so  construed  as  to  prevent  the  use  of 


50  ARTESIAN  WELLS — ART    GALLERIES,   LIBRARIES,   ETC. 

such  waters  for  the  proper  irrigation  of  trees  standing  along  or  upon  any 
street,  road,  or  highway,  or  for  ornamental  ponds  or  fountains,  or  the  propa- 
gation of  fish. 

§  5.  Any  person  violating  any  of  the  provisions  of  this  act  may  be  pro- 
ceeded against  for  a  misdemeanor  in  any  justice's  court  of  the  county  in  which 
such  well  is  located,  and  shall,  upon  conviction,  be  fined  for  each  offense  not 
less  than  ten  or  more  than  fifty  dollars.  There  shall  also,  upon  conviction  had, 
in  addition  to  such  fine,  be  taxed  against  such  party  the  cost  of  prosecution. 
Such  fine  and  costs  may  be  collected  as  in  other  criminal  cases,  and  the 
justice  may  also  issue  an  execution  upon  the  judgment  therein  rendered,  and 
the  same  may  be  enforced  and  collected  as  in  civil  cases. 

§  6.  It  shall  be  the  duty  of  the  supervisors  or  roadmasters,  on  complaint 
of  any  citizen  within  their  respective  districts,  and  for  that  purpose  may  at 
all  proper  times  enter  upon  the  premises  where  such  well  is  situated;  and  it 
shall  be  his  duty  to  institute  or  cause  to  instituted,  criminal  action  for  all 
violations  of  the  provisions  of  this  act,  or  for  all  public  offenses  defined  in 
this  act  committed  within  such  district. 

§7.  An  act  entitled  "An  act  to  regulate  the  use  of  artesian  wells  and  to 
prevent  the  waste  of  subterranean  waters  in  Santa  Clara  and  Los  Angeles 
counties,"  approved  March  eighteenth,  eighteen  hundred  and  seventy  six,  and 
all  other  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act,  are 
hereby  repealed. 

§  8.    Repealed.  [Stats.  1901,  284.] 

§  9.  This  act  shall  take  effect  and  be  in  force  on  and  after  the  first  day  of 
July,  A.  D.  eighteen  hundred  and  seventy-eight. 

FLOW   OF   WATER    FROM— FroblbitlnK.— See    33    L.    R.    A.    781. 

DISCHARGE  OF  nilNERAL  WATER  FROM    NOT   ENJOINED. — See    41   L.   R.    A.    737. 

ART  GALLERIES,  LIBRARIES,  ETC. 

To  encourage  and  provide  for  the  dissemination  of  a  knowledge  of  the  arts, 
sciences,  and  general  literature,  and  the  founding,  maintaining,  and  per- 
petuating public  libraries,  museums,  and  galleries  of  art,  and  the  receipt 
of  donations  and  contributions  thereto  when  established;  for  the  con- 
veyance, holding,  and  protection  of  real  property  within  this  state  suitable 
for  the  purposes  herein  designated,  and  the  erection  thereon  of  buildings 
appropriate  to  such  purposes,  and  for  the  creation  of  trusts  necessary  or 
proper  for  the  better  preservation  of  such  institutions,  and  the  control  and 
management  thereof. 

(Stats.  1887,  26,  ch.  XXXII.) 

§  1.  Any  person  intending  in  his  lifetime  or  by  will  or  trust  deed,  to  operate 
after  his  death,  to  found,  maintain,  and  perpetuate  in  this  state  a  public 
library,  museum,  gallery  of  art,  or  any  or  all  thereof,  for  the  diffusion  of  me- 
chanical, scientific,  artistic,  and  general  knowledge,  may  to  that  end  and  for 
such  purpose,  and  for  any  purpose  within  the  purview  of  the  title  of  this 
act,  convey  in  writing  by  words  denoting  a  gift  or  grant  to  one  or  more 
trustees  named  in  such  gift  or  grant,  and  to  their  successors,  any  library  or 
collection  of  books  and  works  for  such  public  library,  or  any  museum,   or 


ART    GALLERIES   AND   LIBRARIES.  07 

gallery  of  art  in  this  state,  and  such  gift  or  grant  may  also  express  and  shall 
be  construed  to  be  a  conveyance  of  the  future  additions  and  accretions  thereof ; 
and  he  may  also  in  like  manner,  to  that  end,  and  for  such  purpose,  convey  by 
grant  to  such  trustee  or  trustees  any  real  property  within  this  state  belonging 
to  him,  which  may  be  necessary  or  proper  for  the  erection  and  maintenance 
of  buildings  suitable  to  such  institution,  and  the  buildings  erected  thereon, 
with  grounds,  conveniently  adjacent  thereto,  and  other  lands,  tenements,  and 
hereditaments  for  the  purpose  of  producing  an  income  for  the  support  and 
maintenance  of  such  institutions,  or  any  of  them,  and  any  collateral  burdens 
which  may  be  imposed  by  the  terms  of  such  foundation  as  part  and  parcel  of 
the  regulations  for  its  conduct,  and  also  personal  property  of  all  descriptions, 
which  may  subserve  the  purposes  of  the  institution  and  maintenance  of  any 
such  library,  museum,  or  gallery  of  art. 

§  2.  Any  contributions  or  gifts  by  any  other  person  than  the  founder,  of 
any  property  suitable  to  the  general  plan  or  support  of  any  institution  men- 
tioned in  the  title  of  this  act,  shall  immediately  vest  in  the  trustees,  and 
become  incorporated  into  and  subject  to  the  trust,  and  to  all  its  terms  and 
conditions,  and  be  managed  under  the  rules  and  regulations  prescribed 
therefor. 

§  3.  The  person  making  such  gift,  grant,  or  conveyance,  as  founder,  may 
therein  designate, — 

1.  The  name  by  which  the  institution  so  founded  and  maintained  shall  be 
known. 

2.  Its  nature,  object,  and  purposes. 

3.  The  powers  and  duties  of  the  trustees,  which  shall  not  be  exclusive  of 
other  powers  and  duties  that,  in  their  judgment,  may  be  necessary  more  effect- 
ually to  carry  out  the  purposes  of  such  institution, 

4.  The  mode  and  manner  and  by  whom  the  successors  to  the  trustees  named 
in  the  gift  or  grant  shall  be  appointed. 

5.  Such  rules  and  regulations  for  the  management  of  such  institution,  and 
the  furtherance  of  its  purposes,  as  the  grantor  may  elect  to  prescribe ;  but  such 
rules  and  regulations  shall,  unless  the  grant  shall  otherwise  prescribe,  be 
deemed  advisory  only,  and  shall  not  preclude  such  trustees  or  their  successors 
from  making  such  changes  as  new  conditions  may,  from  time  to  time,  require. 

6.  The  place  or  places  where  the  necessary  buildings  shall  be  erected,  and 
the  general  character  thereof.  The  person  making  such  grant  may  therein  pro- 
vide for  all  other  things  necessary  or  proper  to  carry  out  the  purposes  thereof, 
or  otherwise,  by  his  last  will  or  testament. 

§  4.  The  trustees  named  in  such  gift  or  grant,  and  their  successors,  may  in 
the  name  of  such  institution  designated  in  the  gift  or  grant,  sue  and  defend  in 
relation  to  the  trust  property,  and  to  all  matters  affecting  the  institution  so 
founded  and  established, 

§  5.  By  a  provision  in  such  gift  or  grant,  the  founder  may  elect,  in  respect 
to  the  personal  and  real  property  conveyed,  and  the  additions  and  increase 
thereof,  and  in  respect  to  the  erection,  maintenance,  and  management  of  any 
buildings  auxiliary  thereto,  and  in  respect  to  any  property  connected  with 
such  institution,  to  reserve  to  himself  a  veto  and  right  of  annulment  or  modi- 


58  ART    GAL,L,ERIES    AJVD    LIBRARIES. 

fjcation  of  any  act  of  such  trustees,  in  case  he  shall,  within  thirty  days  after 
I'otice  of  the  performance  of  such  act,  file  in  the  office  of  said  trustees,  or 
deliver  to  their  president  or  principal  officer,  a  notice  in  writing,  of  such  veto, 
annulment,  or  modification,  and  upon  a  like  notice,  in  conformity  with  a  pro- 
vision in  such  gift  or  grant,  he  may  elect  to  perform  during  his  life  all  the 
powers  which,  by  the  terms  thereof,  are  vested  in  or  enjoined  upon  the 
trustees  therein  named,  and  their  successors ;  provided,  that  upon  the  death 
or  disability  to  act  of  the  founder  and  grantor,  such  powers  and  duties  shall 
be  devolved  upon,  and  be  exercised  by,  the  trustees  named  in  the  gift  or  grant, 
and  their  successors.  Such  person  may  also  reserve  the  right  to  alter,  amend, 
or  modify,  at  any  time  during  his  life,  or  by  his  last  will  and  testament,  the 
terms  and  conditions  thereof,  and  the  trusts  therein  created  in  respect  to  such 
institution,  its  buildings,  and  the  property  conveyed  therefor. 

§  6.  The  founder  shall  have  power  in  said  deed  of  trust  to  name  and  de- 
scribe the  character  and  personality  of  any  one  or  more  of  the  immediate  or 
future  trustees,  the  librarian,  and  other  officers,  and  to  name  and  impose  any 
particular  duty  to  be  performed  b}^  any  one  or  more  trustees  or  other  officers 
so  described  and  characterized,  and  to  declare  and  limit  any  compensation, 
and  fix  the  character  and  method  of  such  compensation  he  may  choose  to 
provide  for  any  such  trustee  or  other  officer  whom  the  terms  of  his  foundation 
may  characterize,  and  upon  whom  specific  or  general  duties  shall  be  imposed. 

§  7.  Any  such  gift  or  grant  may  be  executed,  acknowledged,  and  recorded 
in  the  manner  noAV  or  hereafter  provided  by  law  for  the  execution,  acknowl- 
edgment, and  recording  of  grants  of  real  property. 

§  8.  No  suit,  action,  or  proceeding  shall  be  commenced  or  maintained  by 
any  person  to  set  aside,  annul,  or  affect  said  gift,  grant,  or  conveyance,  or  to 
affect  the  title  to  the  property  conveyed,  or  the  right  to  the  possession  or  to 
the  rents,  issues,  and  profits  thereof,  unless  the  same  be  commenced  within 
two  years  after  the  date  of  the  filling  of  such  grant  for  record. 

§  9.  Any  person,  being  the  founder,  making  a  gift  or  grant  for  any  of  the 
purposes  mentioned  in  this  act,  may,  at  any  time  thereafter,  by  last  will  or 
testament,  devise  or  bequeath  to  the  state  of  California  all  or  any  of  the  prop- 
erty, real,  and  personal,  mentioned  in  such  gift  or  grant,  or  in  any  such  supple- 
mental thereto,  and  such  devise  or  bequest  shall  take  effect  in  case,  from  any 
cause  whatever,  the  gift  or  grant  shall  be  annulled  or  set  aside,  or  the  trusts 
therein  declared  shall  for  any  reason  fail.  Such  devise  or  bequest  is  hereby 
suffered  to  be  made  by  way  of  assurance  that  the  intentions  of  the  grantor 
shall  be  carried  out,  and  in  the  faith  that  the  state,  in  case  it  shall  succeed  to 
the  property,  or  any  part  thereof,  will,  to  the  extent  and  value  of  such  prop- 
erty carry  out,  in  respect  to  the  objects  and  purposes  of  any  such  grant,  all  the 
wishes  and  intentions  of  the  grantor. 

§  10.  The  provisions  of  this  act  shall  be  liberally  construed,  with  a  view 
to  effect  its  objects  and  purposes,  and  the  singular  number  in  the  construction 
thereof  shall  be  deemed  to  include  the  plural,  and  the  plural  number  shall  be 
deemed  to  include  the  singular. 

§  11.  Nothing  in  this  act  shall  repeal,  modify,  change,  or  have  any  effect 
upon  any  of  the  provisions  of  an  act  of  the  legislature  of  the  state  of  California 


I  ASIATICS — VETERANS    OF    MEXICAN    WAR.  59 

entitled  ''An  act  to  advance  learning,  the  arts  and  sciences,  and  to  promote 
the  public  welfare  by  providing  for  the  conveyance,  holding,  and  protection  of 
property,  and  the  creation  of  trusts  for  the  funding,  endowment,  erection,  and 
maintenance,  within  this  state,  of  universities,  colleges,  schools,  seminaries  of 
learning,  mechanical  institutes,  museums,  and  galleries  of  art,"  approved 
March  ninth,  eighteen  hundred  and  eighty-five. 
§  12.     This  act  shall  take  effect  immediately. 

ASIATICS. 

Certain  statutes  heretofore  enacted  upon  the  subject  of  the  immigration  and 
importation  of  Asiatics  have  not  been  repealed,  but  have  been  declared 
unconstitutional,  and  are  therefore  omitted. 

See  Ex  parte  Ah  Cue,  101  Cal.  197,  35  Pac.  KERR'S   CYC.  PENAL.  CODE,  §§174-179  In- 

Rep.    556,    and    cases    there    cited,    and    see  elusive,  and  §  315. 

Const.   Cal.    1S79,    art.   XIX.  As   to   admission  to   places   of   amusenient, 

As  to   Stats.  1865-6,  641,   ch.   DV,   and   the  etc.,  see  KERR'S  CYC.  CIV.  CODE,  §§  53,  54.' 

amendatory    Stats.     1S73-4,    84,    ch.    LXXVI,  As  to  marriage  -with  whites,  see  KERR'S 

relating    to    Chinese    women    and    houses    of  CYC.  CIV.  CODE,  §  60. 

ill-fame     (continued    in    force    by    §19,    Po-  As  to  personal  rights  of,  see  KERR'S  CYC. 

litical    Code,     and     §23,     Penal     Code),     see  CIV.  CODE,  §§  51,  52. 

ASSOCIATED  VETERANS  OF  MEXICAN  WAR. 

To  authorize  the  trustees  of  the  Associated  Veterans  of  the  Mexican  War  to 
exchange  certain  lands  for  certain  other  property  belonging  to  said  city 
and  county,  or  for  a  lease  of  such  property. 

(Stats.  1871-2,  363,  ch.  CGLXIV;  amended  1881,  68,  ch.  LVII.) 

§  1.  The  mayor  of  the  city  and  county  of  San  Francisco  having  executed 
in  favor  of  "The  trustees  of  the  Associated  Veterans  of  the  Mexican  War"  a 
deed  of  conveyance  of  all  of  that  certain  piece  or  parcel  of  land  situate  in  said 
city  and  county  and  bounded  and  described  as  follows,  viz. :  Commencing  on 
the  easterly  line  of  Twenty-third  Avenue  two  hundred  and  twenty-five  (225) 
feet  northerly  from  the  northerly  line  of  Clement  Street  and  running  thencfei 
northerly  along  said  line  of  Twenty-third  Avenue  one  hundred  and  fifty  (150) 
feet;  thence  at  right  angles  easterly  two  hundred  and  forty  (240)  feet  to  the 
westerly  line  of  Twenty-second  Avenue ;  thence  southerly  along  said  line  of 
Twenty-second  Avenue  one  hundred  and  fifty  (150)  feet;  thence  westerly  ati 
right  angles  two  hundred  and  forty  (240)  feet  to  the  point  of  commencement, 
being  a  portion  of  block  number  one  hundred  and  sixty  (160)  of  the  outside 
lands,  which  deed  was  dated  the  twelfth  day  of  August,  A.  D.  eighteen  hun- 
dred and  seventy,  and  recorded  in  liber  number  five  hundred  and  seventy- 
eight  of  deeds,  page  fourteen,  et  cetera,  in  the  office  of  the  county  recorder  of 
said  city  and  county,  and  was  authorized  by  an  ordinance  of  the  board  of  super- 
visors of  said  city  and  county. 

§2,  The  said  "The  trustees  of  the  Associated  Veterans  of  the  Mexican 
War,"  and  their  successors  in  office,  are  hereby  empowered,  at  their  pleasure, 
to  execute  and  deliver  unto  the  city  and  county  of  San  Francisco,  a  deed  of 
conveyance  of  the  premises  in  the  first  section  of  this  act  described,  at  any 
time,  upon  their  receipt  from  the  mayor  of  said  city  and  county  of  a  lease  for 


60  MEXICAN  VETERANS — FORECLOSURE. 

the  term  of  twenty-five  years,  rent  free,  or  upon  their  receipt  of  a  deed  of  con- 
veyance from  said  mayor,  of  all  that  certain  piece  or  parcel  of  land  situate  in 
said  city  and  county,  and  generally  described  as  follows,  viz. :  Commencing  at 
a  point  one  hundred  and  thirty-three  (133)  feet  westerly  from  Third  Street, 
and  in  the  northerly  line  of  Bryant  Street,  and  running  thence  westerly  along 
said  line  of  Bryant  Street  twenty-two  (22)  feet  by  a  uniform  depth  northerly 
of  eighty  (80)  feet.  The  mayor  shall,  whenever  he  may  be  authorized  so  to  do 
by  the  board  of  supervisors  of  said  city  and  county,  execute  and  deliver  such 
lease,  and  receive  the  delivery  of  said  deed  and  the  possession  of  the  land  to  be 
conveyed  thereby,  as  aforesaid.  Upon  the  execution  of  said  deed  and  lease, 
or  of  such  deeds,  the  title  to  the  lands  described  in  the  first  section  hereof  shall 
vest  in  the  city  and  county  of  San  Francisco,  and  the  same  may  be  thereafter 
granted  or  leased,  and  disposed  of  by  said  city  and  county,  for  such  benevo- 
lent or  charitable  purposes  as  the  board  of  supervisors  of  said  city  and  county 
may,  at  any  time,  designate  by  order  or  resolution ;  and  such  lease  or  deed  of 
the  premises  described  in  this  section,  executed  by  the  mayor,  shall  inure  to 
the  benefit  and  use  of  the  trustees  of  the  Associated  Veterans  of  the  Mexican 
War,  and  their  successors  in  office  in  trust  for  "The  Associated  Veterans  of 
the  Mexican  War."    [Amended  1881,  68.] 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

ATTORNEYS. 

See  Attorney  Fees;  Prosecuting  Attorney. 

ATTORNEY  FEES— FORECLOSURE. 

To  abolish  attorney's  fees  and  other  charges,  in  foreclosure  suits. 
(Stats.  1873-4,  707,  eh.  CCCCLXXIV.) 

§  1.  In  all  cases  of  foreclosure  of  mortgage  the  attorney's  fee  shall  be  fixed 
by  the  court  in  which  the  proceedings  of  foreclosure  are  had,  any  stipulation 
in  said  mortgage  to  the  contrary  notwithstanding. 

§  2,  All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  the  provisions 
of  this  act,  are  hereby  repealed,  and  this  act  shall  take  eft'ect  and  be  in  force 
from  and  after  its  passage. 

Kern  Valley  Bank  vs.  Chester,  55  Cal.   49,  Assoc,    vs.    Clark,    84    Cal.    201,    203,    23    Pac. 

51;    Stockton    S.    &    L.    Soc.    vs.    Donnelly,    60  Rep.    1081;    \\''oodward    vs.    Brown,    119    Cal. 

Cal.    481,    483;    Montgomery    vs.    Merrill,    62  283,  309,  63  Am.  St.  Rep.  108,  51  Pac.  Rep.  2, 

Cal.    385,    393;   Monroe   vs.    Fohl,   72   Cal.   568,  542;  Hotaling-  vs.  Montleth,  128  Cal.  556,  557, 

570,    14    Pac.    Rep.    514;    Granger's    Business  61  Pac.  Rep.  95. 

ATTORNEY-GENERAL— LIBRARY  FOR. 

To  provide  the  office  of  the  attorney-general  with  such  law-books  as  may  be 
required  by  him  for  the  conduct  of  the  business  of  his  office,  and  requiring 
the  state  librarian  to  provide  and  furnish  the  same,  and  making  an  appro- 
priation therefor,  not  to  exceed  five  thousand  dollars. 

(Stats.  1895,  65,  ch.  LXIX.) 

§  1.  The  state  librarian  is  hereby  required  to  supply  the  office  of  thn 
attorney-general  with  all  the  law-books  deemed  necessarv  bv  the  attornev- 


ATTORNKY-GEIVERAL'S    LIBRARY— BALLOTING    MACHINES.  01 

general  for  the  conduct  of  the  business  of  said  office.  Such  books  shall  be 
taken  from  the  law  library  of  the  state  when  the  same  are  in  possession  of  the 
library  in  duplicate,  and  transferred  by  him  to  the  attorney-general's  office 
for  permanent  use  therein ;  and  when  such  books  are  not  so  possessed  in  dupli- 
cate the  state  librarian  shall  purchase  the  same  for  said  purpose,  and  he  shall 
from  time  to  time  thereafter  so  supply  such  further  books  as  the  attorney- 
general  may  require. 

The  controller  of  the  state  shall  draw  his  warrant  on  the  order  of  the 
librarian  for  the  amounts  necessary  for  such  purchases,  not  to  exceed  five  thou- 
sand dollars,  and  the  treasurer  is  hereby  required  to  pay  the  same  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated. 

§  2.     This  act  shall  take  effect  immediately. 

BADGES. 

See  Grand  Army  of  the  Republic. 

BALLOTING  MACHINES. 

Creating  a  state  commission  on  voting  or  balloting  machines,  defining  their 
powers,  and  providing  for  the  use  at  the  option  of  indicated  local  author- 
ities of  voting  or  ballot  machines  for  receiving  and  registering  the  vote 
in  one  or  more  precincts  of  any  county,  or  city  and  county,  city  or  town, 
at  any  or  all  elections  held  therein,  and  for  ascertaining  the  result  at  such 
elections;  and  providing  for  the  punishment  of  all  violations  of  the  pro- 
visions of  this  act. 

(Stats.  1903,  262,  ch.  CCXXVI.) 

§  1.  1.  The  governor,  secretary  of  state  and  attorney-general,  and  their  suc- 
cessors in  office  are  hereby  created  and  constituted  the  state  commission  on 
voting  or  ballot  machines.  It  shall  be  the  duty  of  said  commissioners  to  exam- 
ine all  voting  or  ballot  machines  which  may  be  offered  for  their  inspection  jv 
order  to  determine  whether  such  machines  comply  with  the  requirements  of 
this  act,  and  can  safely  be  used  by  voters  at  elections  under  the  provisions  of 
this  act ;  and  no  machine  or  machines  shall  be  provided  by  the  board  of  super- 
visors, or  other  board  having  charge  and  control  of  elections  in  each  of  the 
counties,  and  cities  and  counties,  cities  or  towns  of  the  state,  unless  the  said 
machine  or  machines  shall  have  received  the  approval  of  a  majority  of  said 
commission  as  herein  provided. 

2.  Any  machine  or  machines  which  shall  have  the  approval  of  a  majority 
of  said  commission  may  be  provided  for  use  at  elections  by  the  boards  author- 
ized so  to  do  under  the  provisions  of  this  act.  The  report  of  said  commission 
on  each  and  every  kind  of  voting  or  ballot  machine  shall  be  filed  with  the  secre- 
tary of  state  within  thirty  days  after  their  examination  of  said  machines,  and 
the  secretary  of  state  must  within  five  days  after  the  filing  of  any  report 
approving  any  machine  or  machines,  transmit  to  the  boards  of  supervisors  or 
other  boards  having  charge  and  control  of  elections  in  each  of  the  counties 
and  cities  and  counties,  cities  or  towns  of  the  state,  a  list  of  the  machines  so 
approved. 


62  BALLOTING    MACHINES— REQUIRING    USE    OF. 

3.  No  maclime  or  machines  shall  be  used  unless  such  machine  or  machines 
shall  have  received  the  approval  of  the  state  commission  at  least  ninety  days 
prior  to  any  election  at  which  such  machine  or  machines  are  to  be  used. 

4.  For  carrj'ing  out  the  provisions  of  this  act  the  members  of  the  state  com- 
mission under  this  act  shall  be  allowed  their  actual  necessary  expenses. 

§  2.  The  board  of  supervisors,  or  other  board  having  charge  and  control 
of  elections  in  each  of  the  counties,  and  cities  and  counties,  cities  or  towns  of 
the  state,  may  at  any  regular  meeting,  or  at  any  special  meeting  called  for  the 
purpose,  provide  for  and  require  the  use  of  a  voting  or  ballot  machine,  or 
machines  for  receiving  and  registering  the  vote  at  any  or  all  elections  held  in 
such  county,  city  and  county,  city  or  town,  respectively,  or  in  any  one  or  more 
precincts  thereof,  and  every  such  board  of  supervisors,  or  other  board  having 
charge  and  control  of  elections  in  each  of  the  counties,  and  cities  and  counties, 
cities  or  towns  of  the  state,  may  determine  upon  and  require  the  use  of  voting 
or  ballot  machines  at  any  and  all  elections  to  be  held  within  such  county,  city 
and  county,  city  or  town  of  the  state,  or  in  one  or  more  precincts  thereof,  and 
thereupon  the  voting  or  ballot  machine  or  machines  so  determined  upon  and 
required  shall  be  used  in  voting  for  all  public  oflicers  to  be  voted  for  by  the 
voters  of  such  counties,  cities  and  counties,  cities  or  towns  of  the  state,  or  in 
the  precinct  or  precincts  thereof,  for  which  the  same  shall  have  been  so  deter- 
mined upon  and  required,  and  also  in  voting  upon  all  amendments  to  the 
constitution,  and  upon  all  laws  or  propositions  or  questions  which  may  be  law- 
fully submitted  to  such  voters,  and  for  receiving  and  registering  the  votes  cast 
at  any  and  every  such  election. 

§  3.  In  purchasing  the  necessary  voting  or  ballot  machines  to  be  used  at 
elections,  as  herein  provided,  the  boards  of  supervisors  of  the  several  counties, 
and  the  legislative  bodies  of  the  incorporated  cities  and  towns  therein,  may, 
by  agreement,  entered  into  by  said  board  of  supervisors  and  the  legislative 
body  of  any  incorporated  city  or  town  in  such  county,  provide  for  the  joint 
purchase  and  subsequent  ownership  thereof,  and  for  the  care,  maintenance  and 
use  of  the  same. 

§  4.  No  voting  or  ballot  machine  shall  be  approved  by  the  said  board  unless 
the  same  be  so  constructed  as  to  provide  facilities  for  voting  for  the  candidates 
of  as  many  different  parties  or  organizations  as  may  make  nominations  for 
office  and  for  and  against  as  many  different  propositions  or  amendments  as 
may  be  submitted ;  nor  shall  any  such  machine  be  approved  unless  the  same  will 
permit  a  voter  to  vote  for  any  person  for  any  office ;  it  must  enable  the  voter  to 
vote  and  select  a  ticket  all  from  [from  all]  the  nominees  of  one  party  or  a  ticket 
selected  in  part  from  the  nominees  of  one  party  and  in  part  from  the  nominees 
of  any  or  all  other  parties,  and  in  part  from  independent  nominations,  or  in  part 
or  in  whole  of  the  names  of  persons  not  nominated  by  any  party  or  upon  any 
independent  ticket;  such  machines  must  also  secure  to  the  voter  privacy  and 
secrecy  in  the  act  of  voting;  such  machines  must  also  be  so  constructed  that  a 
voter  cannot  vote  for  a  candidate  or  a  proposition  or  amendment  for  whom  or 
on  which  he  is  not  lawfully  entitled  to  vote,  also  to  prevent  voting  for  more 
than  one  person  for  the  same  office,  except  in  cases  where  the  voter  is  lawfully 
entitled  to  vote  for  more  than  one  person  for  the  same  office,  in  which  event 


BALLOTING    MACHIIVES — I'OSITIOIV    OF    MACHINES.  63 

they  must  enable  the  voter  to  vote  for  as  many  persons  for  that  office  as  he  is 
by  law  entitled  to  vote,  and  no  more ;  they  must  also  prevent  his  voting  more 
than  once  for  the  same  person  for  the  same  office;  and  allow  of  his  reversing 
his  vote  in  case  of  mistake  or  desire  to  change ;  and  such  machines  must  be  so 
constructed  that  all  votes  cast  for  any  person  voted  for,  or  for  or  against  any 
proposition  or  amendment  submitted  to  the  voters  shall  be  accurately  reg- 
istered or  recorded,  and  anj^  machine  to  be  approved  by  said  board  must  be  of 
such  kind,  style  or  pattern  as  will  permit  the  exercise  by  each  voter  of  the  full 
right  and  privilege  of  his  elective  franchise  under  the  constitution  and  laws 
of  this  state. 

§  5.  The  board  of  supervisors  or  other  board  having  charge  and  control  of 
elections  adopting  a  voting  or  ballot  machine  shall,  as  soon  as  practicable  there- 
after, provide  for  such  polling  place  or  places,  as  they  may  determine,  one  or 
more  voting  machines  in  complete  working  order  and  also  such  other  acces- 
sories as  may  be  required  for  the  practical  working  of  the  machine  and  shall 
thereafter  preserve  and  keep  the  machines  in  repair,  and  shall  have  the  cus- 
tody of  the  furniture  and  equipment.  If  it  shall  be  impracticable  to  supply  each 
and  every  election  district  with  a  voting  or  ballot  machine  or  machines  at  any 
election  following  such  adoption,  as  many  may  be  supplied  as  it  is  practicable 
to  procure,  and  the  same  may  be  used  in  such  election  precincts  within  the 
county,  or  city  and  county,  city,  or  town,  as  the  board  having  control  may 
direct. 

§  6.  All  necessary  stationery  and  instructions  to  voters  shall  be  delivered  to 
the  boards  of  election  of  each  election  precinct  not  later  than  twenty-four  hours 
next  preceding  the  election. 

§  7.  Tally  lists  shall  be  so  prepared  that  the  results  of  such  election  may  be 
clearly  and  accurately  set  forth  and  certified  to  by  the  officers  of  election. 

§  8.  The  precinct  boards  of  election  of  each  precinct  shall  meet  at  the 
polling-place  therein,  at  least  one  hour  before  the  time  set  for  the  opening  of 
the  polls  at  each  election,  and  shall  proceed  to  arrange  within  the  guard-rail 
the  furniture,  stationery,  and  voting  or  ballot  machine  for  the  conduct  of  the 
election.  The  inspectors  of  election  shall  then  and  there  have  the  voting  or 
ballot  machine,  instructions  to  voters,  and  stationery  required  to  be  delivered 
to  them  for  such  election.  The  inspectors  shall  thereupon  cause  at  least  two 
instruction  cards  to  be  posted  conspicuously  within  the  polling-place.  If  not 
previously  done,  they  shall  adjust  the  voting  or  ballot  machine  so  as  to  record 
and  register  the  votes  to  be  cast  at  such  election,  and  adjust  the  registering 
and  recording  device  of  such  machine  so  as  to  start  at  zero,  and  the  same  shall 
be  subject  to  the  inspection  of  the  public  before  the  opening  of  the  polls. 

§  9.  The  exterior  of  the  voting  or  ballot  machine  and  every  part  of  the 
polling  place  shall  be  in  plain  view  of  the  election  officers  and  public.  The 
voting  or  ballot  machines  shall  be  placed  at  least  three  feet  from  every  wall  and 
partition  of  the  polling-place,  and  at  least  three  feet  from  the  guard-rail.  A 
guard-rail  shall  be  constructed  at  least  three  feet  from  the  machine,  with  open- 
ings to  admit  electors  or  officers  of  election  to  and  from  the  machine. 

§  10.  After  the  opening  of  the  polls,  the  inspectors  shall  not  allow  any  voter 
to  pass  within  the  guard-rail  until  they  ascertain  that  he  is  duly  entitled  to 


64  BALLOTING   MACHIIVES— LIST    OF    CANDIDATES. 

vote.  The  operation  of  voting  by  an  elector  while  voting  shall  be  secret  and 
obscured  from  all  other  persons,  except  as  provided  in  cases  of  voting  by 
assisted  electors.  No  voter  shall  remain  within  the  voting  or  ballot  machine 
booth  longer  than  two  minutes,  and  if  he  shall  refuse  to  leave  it  after  the  lapse 
ol  two  minutes  he  may  be  removed  by  the  inspectors. 

§  11.  As  soon  as  the  polls  of  the  election  are  closed  the  inspectors  of  elec- 
tion thereat  shall  immediately  lock  the  voting  or  ballot  machine  against  voting, 
and,  in  the  presence  and  full  view  of  the  public  who  may  be  lawfully  within 
the  polling  place,  proceed  to  demonstrate  and  declare  the  result  of  such  election 
as  registered  or  recorded  or  received  by  the  machine.  As  such  result  is  so 
ascertained  and  declared  the  clerks  shall  record  it  and  at  its  completion,  sub- 
mit their  records  to  the  inspectors  and  judges  for  examination,  and  if  found  to 
be  correct  the  inspectors  shall  at  once  announce  the  same,  and  make  returns 
as  provided  by  law. 

§  12.  The  inspectors  of  election  shall,  as  soon  as  the  result  is  fully  ascer- 
tained and  declared,  as  in  the  preceding  section  required,  lock  the  machine  so 
that  the  record  of  each  election  shall  be  preserved  for  the  period  of  six  months 
following  such  election,  except  in  cases  where  the  machine  is  required  for  use 
in  a  subsequent  election  during  such  period,  in  which  case  the  board  of  super- 
visors or  other  board  having  charge  and  control  of  elections  shall  inspect  the 
registering  or  recording  and  receiving  device  of  the  machines,  and  file  a  report 
of  said  inspection  with  the  county  clerk  or  registrar  of  voters.  Said  report  of 
said  board  when  so  certified  and  filed  shall  be  prima  facie  evidence  of  the  vote 
at  such  election.  Any  supplementary  or  duplicate  record  of  an  election,  which 
may  be  furnished  by  a  machine,  shall  be  preserved  by  the  county  clerk  or 
registrar  of  voters  for  one  year  following  such  election. 

§  13.  The  provisions  of  the  law  relating  to  misconduct  at  elections  shall 
apply  to  elections  with  voting  or  ballot  machines. 

§  14.  For  any  election  in  any  county,  city  and  county,  city  or  town,  in  which 
voting  or  ballot  machines  are  to  be  used,  the  election  precincts  in  which  such 
machines  are  to  be  used  may  be  created  by  the  officers  charged  with  the  duty 
of  creating  election  precincts,  so  as  to  contain  not  to  exceed  six  hundred  votes 
each. 

§  15.  The  list  of  candidates  used  or  to  be  used  on  the  voting  or  ballot 
machine  shall  be  deemed  an  official  ballot  under  this  act  for  an  election  precinct 
in  which  a  voting  or  ballot  machine  is  used,  pursuant  to  law.  The  word 
"ballot"  as  used  in  this  act,  (except  when  reference  is  made  to  independent 
ballots)  means  that  portion  of  the  cardboard,  or  paper,  or  other  material 
within  the  ballot  frames,  containing  the  name  of  the  candidate  for  office,  or  a 
statement  of  a  proposed  constitutional  amendment,  or  other  question  or  propo- 
sition with  the  word  "for"  or  the  word  "against,"  or  "yes"  or  "no." 

§  16.  The  provisions  of  section  eleven  hundred  and  forty-two  of  the  Politi- 
cal Code  shall  apply  where  voting  or  ballot  machines  are  used. 

§  17.  All  laws  and  parts  of  laws  of  this  state  relating  to  elections  and  pre- 
scribing the  powers  and  duties  of  election  officers,  shall,  so  far  as  applicable 
to  the  use  of  voting  or  ballot  machines,  remain  in  full  force  and  effect :  and 
all  laws  and  parts  of  laws  inconsistent  herewith,  shall  not  be  applicable  in  each 


BALLOTING    MACHINE — BANKS    AND    BANKING.  65 

county,  city  and  county,  city  or  town  election  precinct  wherein  such  voting  or 
ballot  machines  are  used,  pursuant  to  this  act,  so  long  as  such  voting  or  ballot 
machine  or  machines  shall  be  used  therein,  and  nothing  in  this  act  contained 
shall  be  construed  as  repealing  any  existing  law  or  authorizing  any  deviation 
or  omission  therefrom,  except  as  provided  for  or  set  forth  herein. 

§  18.  Any  wilful  violation  of  any  provision  of  this  act  or  any  wilful  injury 
to  any  voting  or  ballot  machine  tending  to  injure  its  effectiveness  or  to  change 
the  true  expression  given  by  the  voters  at  any  election  shall  be  a  felony  and 
punishable  as  such,  in  accordance  with  the  provisions  of  the  Penal  Code  of 
the  state. 

§  19.     This  act  shall  take  effect  immediately. 

As  to  constitutionality  of  voting  by  voting  R.  I.  729,  36  Atl.  Rep.  716,  36  L..  R.  A.  547; 
machine,  see  Opinions  of  the  Justices  (In  Opinion  to  the  Governor  (In  re  Voting  Ma- 
Matter    McTammany    Voting    Machine),     19        chines),  23  R.  I.  630,  50  Atl.  Rep.  265.  , 

BANKS  AND  BANKING. 

Bank  Commissioners. 

Creating  a  board  of  bank  commissioners,  and  prescribing  their  duties  and 

powers. 

(Stats.  1903,  365,  ch.  CCLXVI;  amendment  Stats.  1905,  304,  ch.  CCXCVI.) 

§  1.  Within  ten  da^^s  after  the  passage  of  this  act  the  governor  shall  appoint, 
by  and  with  the  advice  and  consent  of  the  senate,  four  competent  persons,  one 
of  whom  shall  be  an  expert  of  accounts,  to  be  styled  bank  commissioners ;  and 
the  governor  shall  designate,  at  the  time  of  such  appointment,  their  respective 
terms  of  office  in  accordance  with  the  following  classification,  viz. :  Two  of  said 
commissioners  shall  serve  for  two  years,  and  two  for  four  years.  Their  suc- 
cessors shall  be  appointed  by  the  governor,  and  hold  their  office  for  the  term  of 
four  years  and  until  their  successors  are  appointed  and  qualified.  Should  a 
vacancy  occur  either  by  death,  removal  from  the  state  or  otherwise,  the  gov- 
ernor shall  appoint  his  successor  for  the  unexpired  portion  of  his  term.  The 
persons  who  are  so  appointed  shall  have  no  official  connection  with  nor  be  in 
the  employ  of  any  savings  bank,  bank,  banking  company,  or  banking  society, 
nor  shall  they,  during  their  terms  of  office,  own  or  be  interested  in  the  stock  or- 
other  property  thereof.  Said  commissioners  shall  have  their  office  in  the  city 
of  San  Francisco. 

§  2.  The  bank  commissioners,  before  entering  upon  the  duties  of  their  office, 
must  execute  an  official  bond  in  the  sum  of  twenty  thousand  dollars,  and  take 
the  oath  of  office,  all  as  prescribed  by  the  Political  Code  for  state  officers  in 
general. 

§  3.  The  duties  of  the  bank  commissioners  shall  be  to  prepare  and  furnish 
to  every  savings  bank,  bank,  and  banking  company,  or  any  other  corporation 
.incorporated  under  the  laws  of  this  state,  or  of  any  other  state  or  territory,  or 
foreign  country,  doing  a  banking  business  in  this  state,  applying  therefor,  a 
license,  in  the  form  to  be  prescribed  by  them,  authorizing  such  corporation  to 
use  the  name  and  to  transact  the  business  of  a  savings  bank,  bank,  or  banking 
company,  until  the  first  day  of  July  next  thereafter;  to  receive  and  place  on 
file  in  their  office  the  reports  required  to  be  made  by  savings  banks,  banks,  or 

Gen.  Laws — 5 


66  BANKS    AXD    BANKIIVG — DUTY    OF    BANK    C03IMISSI0NER. 

banking  corporations,  by  this  act;  to  prepare  and  furnish,  on  demand,  to  all 
persons,  firms,  partnerships,  corporations,  or  officers  required  to  make  and 
return  statements  or  reports  to  said  bank  commissioners  by  the  provisions  of 
this  act,  blank  forms  for  such  statements  or  reports  as  may  by  law  be  required 
of  them ;  to  make,  on  or  before  the  first  day  of  October  in  each  year,  a  report 
to  the  governor  of  this  state,  containing  a  tabular  statement  and  synopsis  of 
the  several  reports  which  have  been  filed  in  their  office  since  their  last  report, 
and  any  other  proceedings  had  or  done  by  them  under  this  act,  showing  gen- 
erally the  condition  of  the  respective  savings,  commercial  and  "other  banking 
corporations  or  institutions  of  this  state,  and  such  other  matters  as  in  their 
opinion  may  be  of  interest  to  the  public,  with  a  detailed  statement,  verified 
by  their  oaths,  of  all  moneys  and  fees  of  office  received  by  them  during  the 
same  period. 

§  4.  It  shall  be  the  duty  of  one  or  more  of  the  bank  commissioners,  as  desig- 
nated by  the  commissioners,  once  in  each  year,  and  as  often  as  in  their  judg- 
ment may  be  deemed  necessary,  without  previous  notice,  to  visit  and  make, 
personally,  a  full  examination  of  each  and  every  corporation  mentioned  in  sec- 
tion three  of  this  act ;  to  inspect  all  books,  papers,  notes,  bonds,  or  evidences  of 
debt  of  such  corporation,  and  all  securities;  to  ascertain  the  condition  of  every 
such  corporation,  its  solvency,  its  ability  to  fulfil  its  obligations,  and,  if  in 
their  opinion  it  is  deemed  necessary,  report  its  condition  to  the  attorney-general 
as  soon  as  practicable  after  such  examination. 

§  5.  Such  commissioners  must  examine,  under  oath,  any  of  the  officers, 
agents,  and  servants  of  any  such  corporation,  in  relation  to  the  affairs  and 
condition  of  such  corporation,  and  may  administer  such  oath  personally;  and 
whoever  shall  neglect  or  refuse,  after  demand  and  notice  thereof,  and  without 
justifiable  cause,  to  appear,  or  testify  under  oath,  before  the  said  commissioners 
in  the  discharge  of  their  duties,  shall  be  deemed  guilty  of  misdemeanor,  and  on 
conviction  thereof  be  punished  by  a  fine  not  exceeding  five  thousand  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment. 

§  6.  If  any  bank  commissioner  shall  have  knowledge  of  the  insolvency  or 
unsafe  condition  of  any  corporation  mentioned  in  this  act,  and  shall  neglect 
to  report  the  same,  in  writing,  to  the  attorney-general,  as  required  by  this  act, 
he  shall  on  conviction  thereof  be  punished  by  a  fine  not  exceeding  ten  thou- 
sand dollars  nor  less  than  five  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  one  year  nor  more  than  two  years,  or  by  both  such 
fine  and  imprisonment,  and  his  office  shall  be  declared  vacant  by  the  governor, 
and  a  successor  be  appointed  for  the  unexpired  term. 

§  7.  No  corporation  shall  use  the'name  or  transact  the  business  of  a  savings 
bank,  or  bank,  or  banking  corporation,  without  the  license  provided  for  by 
section  three  of  this  act ;  and  any  corporation  violating  this  provision  shall  for- 
feit the  sum  of  one  hundred  dollars  per  day  during  the  continuance  of  the 
offense;  and  any  person  who  enters  upon,  engages  in,  or  carries  on,  or  in  any 
manner  attends  to  the  business  or  management  of  a  savings  bank,  or  bank,  or 
banking  corporation,  doing  business  without  such  license,  whether  as  manager, 
principal,  agent,  officer,  employee,  or  otherwise,  shall  forfeit  the  sum  of  one 


BANKS    AND    BANKING — REPORT     IN     WRITING.  67 

hundred  dollars  for  every  day  he  so  enters  upon,  engages  in,  or  carries  on,  or 
attends  to  such  business;  and  any  violation  of  this  section  is  also  hereby 
declared  to  be  a  misdemeanor. 

§  8.  Any  corporation  mentioned  in  section  three  of  this  act,  including  banks 
in  liquidation  or  insolvency,  shall,  whenever  required  by  the  board  of  bank 
commissioners,  make  a  report  in  writing  to  the  commissioners,  verified  by  the 
oath  of  its  president  and  its  secretary,  or  cashier,  or  its  two  principal  officers. 
Said  report  shall  show  the  actual  financial  condition  of  the  corporation  making 
the  report  at  the  close  of  any  past  day  by  the  commissioners  specified,  by 
stating: 

First — The  amount  of  its  capital  stock,  and  the  number  of  shares  into  which 
it  is  divided ; 

Second — The  names  of  the  directors,  and  the  number  of  shares  of  stock  held 
by  each ; 

Third — The  total  amount  actually  paid,  in  money,  by  stockholders  for  capital 
stock,  and  the  total  amount  of  reserve  fund,  if  any; 

Fourth — The  total  amount  due  to  depositors ; 

Fifth — The  total  amount  and  character  of  any  other  liabilities  it  may  have ; 

Sixth — The  amount  at  which  the  lot  and  building  occupied  by  the  bank  for 
the  transaction  of  its  regular  business,  stapds  debited  on  its  books,  together 
with  the  market  value  of  all  other  real  estate  held,  whether  acquired  in  settle- 
ment of  loans  or  otherwise ;  the  amount  at  which  it  stands  debited  on  the  bank 
books ;  in  what  county  situated,  and  in  what  name  the  title  is  vested,  if  not  in 
the  name  of  the  corporation  itself ; 

Seventh — The  amount  loaned  on  real  estate,  specifying  the  amount  secured 
on  real  estate  in  each  county  separately ;  also,  specifying  the  name  of  the  per- 
son in  whose  name  the  property  is  held  in  trust,  or  as  security,  in  case  it  is  held 
in  any  name  other  than  that  of  the  bank,  and  the  instrument  creating  the 
security  does  not  of  itself  disclose  the  name  of  the  bank ; 

Eighth — The  amount  invested  in  bonds,  designating  each  particular  class, 
and  the  amount  thereof ; 

Ninth — The  amount  loaned  on  stocks  and  bonds,  designating  each  particular 
class,  and  the  amount  thereof; 

Tenth — The  amount  of  money  loaned  on  other  securities,  with  a  particular 
designation  of  each  class,  and  the  amount  loaned  on  each ; 

Eleventh — The  actual  amount  of  money  on  hand  or  deposited  in  any  other 
bank  or  place,  with  the  name  of  the  place  where  deposited,  and  the  amount  in 
each  place ; 

Twelfth — Any  other  property  held  or  any  amount  of  money  loaned,  de- 
posited, invested,  or  placed,  not  otherwise  herein  enumerated,  with  the  place 
where  situate,  and  the  value  of  such  property,  and  the  amounts  so  loaned, 
deposited,  or  placed. 

The  oaths  of  the  officers  to  the  statements  above  required  shall  state  that  they, 
and  each  of  them,  have  a  personal  knowledge  of  the  matters  therein  contained, 
and  that  they  believe  every  allegation,  statement,  matter,  and  thing  therein 
contained  is  true ;  and  any  wilfully  false  statement  in  the  premises  shall  be 
perjury,  and  shall  be  punished  as  such.  The  reports  as  provided  for  by  this 
section  shall  by  the  commissioners  be  required  from  each  and  every  corpora- 


68  BANKS    AND    BANKING — EXAMINATION. 

tion  herein  mentioned  at  least  three  times  in  each  year,  and  shall  be  trans- 
mitted to  the  commissioners  within  fifteen  days  after  the  receipt  from  them  of 
a  request  or  requisition  therefor. 

§  9.  Any  corporation  mentioned  in  section  three  of  this  act  failing  to  fur- 
nish to  the  bank  commissioners  any  report  by  them  required  under  the  pro- 
visions of  this  act  within  the  time  herein  specified,  shall  forfeit  the  sum  of 
one  hundred  dollars  per  day  during  the  time  of  such  default. 

§  10.  If  the  bank  commissioners,  on  examination  of  the  affairs  of  any  cor- 
poration mentioned  in  section  three  of  this  act,  shall  find  that  any  such  cor- 
poration has  been  guilty  of  violating  its  charter,  the  laws  of  this  state,  or  any 
of  the  provisions  of  this  act,  or  is  conducting  business  in  an  unsafe  manner, 
they  shall,  by  an  order  addressed  to  the  corporation  so  offending,  direct  dis- 
continuance of  such  illegal  and  unsafe  practices,  and  a  conformity  with  the 
requirements  of  the  law  and  its  charter,  and  of  the  provisions  of  this  act.  And 
if  such  corporation  shall  refuse  or  neglect  to  conform  with  such  requirements 
before  the  expiration  of  the  time  in  the  order  specified,  or  if  it  shall  appear  to 
said  commissioners  and  they  shall  unanimously  decide  that  it  is  unsafe  for  any 
such  corporation  to  continue  to  transact  business,  it  shall  be  the  duty  of  the 
commissioners  immediately  to  take  such  control  of  such  corporation,  and  all 
the  property  and  effects  thereof,  as  may  be  necessary  to  prevent  waste  or 
diversion  of  assets,  and  to  hold  possession  of  the  same  until  the  order  of  court 
hereinafter  mentioned,  and  to  immediately  notify  the  governor  and  the 
attorney-general  of  their  action ;  and  it  is  hereby  made  the  duty  of  the  attorney- 
general,  upon  receiving  such  notification,  to  immediately  commence  suit  in  the 
proper  court  against  such  corporation,  and  all  the  directors  or  trustees  thereof, 
to  enjoin  and  prohibit  them  from  the  transaction  of  aii}-  further  business.  If 
upon  the  hearing  of  the  case  the  court  shall  find  that  such  corporation  is  solvent 
and  may  safely  continue  business,  it  shall  dismiss  the  action,  and  order  that 
the  corporation  be  restored  to  the  possession  of  the  propert}',  but  if  the  court 
shall  find  that  it  is  unsafe  for  such  corporation  to  continue  business,  or  that 
such  corporation  is  insolvent,  said  court  shall  by  its  decree  order  such  cor- 
poration into  involuntary  liquidation,  and  shall  issue  the  injunction  applied  for, 
and  shall  cause  the  same  to  be  served  according  to  law,  and  shall  order  the 
commissioners  to  surrender  the  property  of  the  corporation  in  their  possession 
to  a  receiver  appointed  by  the  court  for  the  purpose  of  liquidation  in  such  pro- 
ceeding, under  the  orders  and  direction  of  the  court.  The  issuance  of  the 
injunction  hereinbefore  provided  for  shall,  by  operation  of  law,  dissolve  any 
and  all  attachments  levied  upon  any  property  of  such  corporation  within  one 
month  next  preceding  the  date  of  the  notification  by  the  commissioners  to  the 
governor  and  the  attorney- general  as  provided  for  in  this  section;  and  no 
attachment  or  execution  shall,  after  the  issuance  of  such  injunction  and  during 
the  process  of  liquidation,  be  levied  upon  any  property  of  such  corporation, 
nor  shall  any  lien  be  created  thereon.  If  a  receiver  be  appointed,  before  sur- 
rendering to  him  the  property  of  the  corporation  for  purposes  of  liquidation, 
the  person  named  as  receiver  shall  execute  to  the  people  of  the  state  of  Cali- 
fornia, an  undertaking,  with  sufficient  sureties,  in  an  amount  to  be  fixed  by  the 
court,  that  he  will  well  and  truly  perform  all  the  duties  devolving  on  him  by 
reason  of  such  receivership,  and  that  he  will  faithfully  discharge  the  duty  of 


BANKS     AND     BANKING — SALARY     OF     COMMISSIONERS.  69 

receiver  in  the  proceeding,  and  obey  the  orders  of  the  court  therein.  Every 
receiver  appointed  under  the  provisions  of  this  section  shall  make  report  of  the 
conditions  of  the  affairs  under  his  charge  to  the  bank  commissioners  in  the 
same  manner  as  the  solvent  banks  mentioned  in  this  article  are,  by  law,  re- 
quired to  do,  and,  in  addition  thereto,  shall  state  the  amount  of  dividends  paid, 
debts  collected,  and  the  money  realized  on  property  sold,  if  any,  since  the 
previous  report.  The  bank  commissioners  shall  have  the  power,  and  it  is 
hereby  made  their  duty,  to  examine  the  conditions  of  the  affairs  of  every  such 
corporation  in  liquidation,  in  the  same  manner  as  in  case  of  solvent  banks,  busi- 
nesses, and  institutions,  and  they  shall  have  a  general  supervision  of  the  affairs 
of  such  corporation  in  liquidation.  They  shall  have  the  power  to  limit  the 
number  of  employees  necessary  to  close  up  the  business  of  any  such  corpora- 
tion in  liquidation,  and  also  to  limit  the  salaries  of  the  same,  and  shall  do  all  in 
their  power  to  make  such  liquidation  as  economical  and  as  expeditious  as  the 
interests  of  the  creditors,  depositors,  and  stockholders  will  admit.  If  any 
officer  or  employee  of  any  association  or  corporation  solvent,  insolvent,  or  in 
liquidation,  or  if  any  other  person,  shall  refuse  to  comply  with  the  provisions 
of  this  section,  or  disregard  or  refuse  to  obey  the  directions  of  said  bank  com- 
missioners, given  in  accordance  with  the  provisions  of  this  act,  such  person, 
officer,  or  employee  shall  be  punished  by  a  fine  not  exceeding  five  thousand 
dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by 
both  such  fine  and  imprisonment.  "When  the  receiver  herein  provided  for 
shall  have  been  appointed  and  qualified,  the  duties  of  the  attorney-general 
shall  end. 

The  bank  commissioners  shall,  by  a  resolution  entered  upon  its  minutes,  con- 
curred in  by  at  least  three  members,  have  power  to  employ  legal  counsel  for 
any  of  the  purposes  mentioned  in  this  section  or  to  enforce  any  of  the  penalties 
prescribed  by  this  act,  without  the  consent  of  the  attorney-general,  the  ex- 
pense thereof  to  be  a  charge  against  the  individual  bank  concerning  which  said 
services  are  required,  and  if  more  than  one.  bank,  then  pro  rata  among  such 
banks. 

§  11.  The  bank  commissioners  shall  each  receive  a  salary  of  three  thousand 
six  hundred  dollars  per  annum,  and  necessary  traveling  expenses,  not  to  ex- 
ceed, for  the  four  commissioners,  the  sum  of  four  thousand  dollars  per  annum, 
to  be  audited  by  the  state  controller  and  paid  by  the  state  treasurer,  in  the 
same  manner  as  the  salaries  and  expenses  of  other  state  officers.  No  person 
while  holding  any  other  office,  or  engaged  in  business  of  any  kind  requiring 
his  personal  attention  between  the  hours  of  nine  a.  m.  and  four  p.  m.,  shall 
serve  as  bank  commissioner. 

§  12.  The  bank  commissioners  shall  furnish  each  member  of  the  legislature 
with  a  copy  of  their  annual  report,  at  each  session  of  the  legislature  during 
the  first  week  of  the  session. 

§  13.  The  bank  commissioners  shall  have  the  power  to  appoint  a  secretary, 
at  a  salary  of  three  hundred  ($300)  dollars  per  month. 

It  shall  be  the  duty  of  the  secretary  whenever  required  by  the  bank  com- 
missioners to  visit  and  make  personally  a  full  examination  of  any  corporation 
mentioned  in  section  three  (3)  of  this  act  and  report  its  condition  to  the  bank 


70  BANKS  AND  BANKING— PAY  FOR  REPORTS. 

commissioners,  and  the  secretary  shall  be  allowed  his  actual  expenditures 
necessarily  incurred  in  making  such  examination  and  report  and  for  this  pur- 
pose the  secretary  of  the  bank  commissioners  is  hereby  empowered  to  admin- 
ister oaths. 

The  said  commissioners  shall  keep  their  office  open  for  business  from  nine 
o'clock  a.  m.  until  four  o'clock  p,  m.  every  day,  except  non-judicial  days. 
They  shall  procure  rooms  necessary  for  their  office,  at  a  rent  not  to  exceed  one 
hundred  ($100)  dollars  per  month.  They  may  also  provide  stationery,  fuel 
and  other  conveniences  necessary  for  the  transaction  of  their  duties,  not  ex- 
ceeding in  the  aggregate  the  sum  of  four  thousand  ($4000)  dollars  per  annum^ 
and  cause  their  annual  reports  to  the  governor  of  this  state  to  be  printed  by 
the  lowest  bidder  and  distributed,  at  a  cost  not  to  exceed  two  thousand  ($2000) 
dollars  per  annum,  and  which  printing  shall  be  exempt  from  the  provisions  of 
article  twelve,  chapter  three,  title  one,  part  three  of  the  Political  Code.  All 
expenditures  authorized  in  this  section  shall  be  audited  and  paid  in  the  same 
manner  as  the  salary  of  the  commissioners.     [Amendment,  Stats.  1905,  305.] 

§  14.  All  reports  required  to  be  made  to  the  bank  commissioners  by  the 
provisions  of  this  act  shall  be  filed,  and  kept  on  file,  by  the  bank  commissioners, 
in  their  office,  and  shall  be  open  to  the  inspection  of  the  public  during  their 
office  hours. 

§  15.  To  pay  the  salaries,  the  cost  of  printing  the  bank  commissioners'  an- 
nual reports,  and  all  other  necessary  expenses  of  the  commissioners,  as  pro- 
vided for  in  this  act,  every  corporation,  person  or  partnership  receiving  a 
license  shall  pay  annually  therefor,  in  advance,  to  the  commissioners,  in  gold 
coin,  the  sum  of  forty  ($40)  dollars.  To  meet  the  balance  of  such  expenses, 
after  deducting  therefrom  the  amount  received  from  licenses,  each  of  said  cor- 
porations, persons  and  partnerships  shall  pay  annually,  in  advance,  to  the  com- 
missioners, in  gold  coin,  its,  his  or  their  share  of  the  amount  of  said  balance; 
the  share  to  be  paid  by  any  such  corporation,  person  or  partnership  to  be  deter- 
mined by  the  proportion  which  the  deposits  of  any  such  corporation,  person  or 
partnership  bear  to  the  aggregate  deposits  of  all  such  corporations,  persons  or 
partnerships  receiving  licenses,  as  shown  by  the  latest  reports  of  such  cor- 
porations, persons  and  partnerships  to  the  commissioners.  Said  commissioners 
shall,  on  demand  made  therefor,  and  without  charge,  furnish  to  every  corpora- 
tion, society,  association,  company,  institution,  partnership,  person  or  persons, 
mentioned  in  this  act,  copies  of  papers,  statements  and  reports  filed  in  their 
office,  and  may,  as  provided  by  this  act,  recover  any  and  all  moneys  payable  to 
them  by  any  corporation,  association,  society,  company,  institution,  partner- 
ship, person  or  porsous  herein  mentioned ;  and  all  moneys  collected  or  received 
by  such  bank  commissioners,  or  either  of  them,  under  or  by  virtue  of  the  pro- 
visions herein,  shall  be  by  them  delivered  to  the  treasurer  of  this  state,  who 
shall  pay  the  same  into  a  fund  which  is  hereby  created,  and  which  shall  be 
known  as  the  "bank  commissioners'  fund."  And  the  unexpended  balances 
of  all  moneys  heretofore  paid  into  the  state  treasury  by  said  bank  commission- 
ers shall  be  transferred  to  said  fund  and  become  a  part  thereof.  [Amendment, 
Stats.  1905,  305.] 

§  16.     The  bank  commissioners  shall  keep  proper  books  of  record  of  all  acts. 


BANKS    AND     BANKING — SUITS — "BANK."  71 

matters,  and  things  done  by  tliem  under  the  provisions  of  this  act,  which  shall 
be  open  to  the  inspection  of  the  public  during  their  office  hours. 

§  17.  The  bank  commissioners  or  either  of  them  may  issue  subpoenas  for 
witnesses  to  attend  and  testify  before  them  or  either  of  them  on  any  examina- 
tion by  this  act  authorized,  which  must  be  served,  obeyed,  and  enforced  as 
provided  in  the  Code  of  Civil  Procedure  for  civil  cases;  the  commissioners  to 
issue  attachments,  and  impose  the  penalty  for  disobedience,  and  the  witnesses 
may  be  punished  as  provided  in  the  Penal  Code. 

§  18.  The  bank  commissioners  may  sue  for  and  recover,  in  the  name  of  the 
people,  in  any  court  of  competent  jurisdiction,  all  sums  of  money  which  become 
due,  payable,  or  forfeited  by  any  of  the  provisions  of  this  act. 

§  19.  The  commissioners  shall,  upon  the  expiration  of  their  term  of  office, 
deliver  to  their  successors,  or  if  there  be  none,  then  to  the  controller  of  state, 
all  property,  books,  reports,  and  papers  of  every  description  pertaining  to  their 
office. 

§  20.  Every  person  engaged  for  himself,  or  any  person  being  the  cashier, 
manager  or  agent  of  two  or  more  persons,  not  incorporated,  engaged  in  the 
business  of  banking  in  this  state,  or  publicly  receiving  money  on  deposit,  must 
apply  for  and  take  out  a  license  for  such  privilege,  and  shall  be  subject  to  the 
same  requirements,  limitations,  liabilities,  penalties  and  provisions  as  are  in 
this  act  provided  for  incorporated  banks  or  banking  corporations,  so  far  as  the 
same  appertain  to  said  business.     [Amendment,  Stats.  1905,  306.] 

§  21.  The  use  of  the  word  "bank,"  or  any  other  word  or  terms  denoting  or 
implying  the  conduct  of  the  business  of  banking,  or  the  use  of  the  word  "sav- 
ings," alone  or  in  connection  with  other  words  denoting  or  implying  the  con- 
duct of  the  business  of  a  savings  institution,  or  a  savings  and  loan  society,  is 
hereby  prohibited  to  all  persons,  firms,  associations,  companies,  or  corporations 
other  than  those  subject  to  the  supervision  of  the  bank  commissioners  or  re- 
quired by  this  act  to  report  to  them,  and  no  license  as  in  this  act  provided  shall 
be  issued  by  the  commissioners  to  any  corporation  that  does  not  receive  money 
from  the  public  as  deposits  in  manner  customary  with  commercial  or  savings 
banks.  Any  person,  firm,  association,  company,  or  corporation  not  subject  to 
the  supervision  of  the  bank  commissioners  or  not  required  by  this  act  to  report 
to  them,  making  use  of  terms  implying  conduct  of  a  bank,  savings  bank,  or 
savings  and  loan  society  by  means  of  signs,  advertisements,  letter  heads,  bill 
heads,  blank  notes,  blank  receipts,  certificates,  circulars,  or  any  written  or 
printed  or  partly  written  and  partly  printed  paper  whatever,  having  thereon 
any  artificial  or  corporate  name  or  other  word  or  words  indicating  that  such 
business  is  the  business  of  a  bank,  savings  bank,  or  savings  and  loan  society, 
shall  forfeit  for  each  day  the  offense  is  continued  the  sum  of  one  hundred 
dollars,  to  be  recovered  as  provided  in  this  act. 

§  22.  The  commission  hereby  established  shall  be  the  legal  successor  of  the 
bank  commissioners  created  by  the  act  creating  a  board  of  bank  commissioners, 
approved  March  thirty,  eighteen  hundred  and  seventy-eight,  and  the  acts 
amendatory  thereto,  and  shall  be  entitled  to  have  and  receive  all  the  books, 
records  and  other  property  acquired  by  and  belonging  to  the  said  bank  com- 
missioners and  shall  be  substituted  for  and  continue  in  the  stead  and  place  of 


7a  BANKS    AND    BANKING — SURPLUS    TO    BE    KEPT. 

said  bank  commissioners  all  suits,  actions  and  proceedings  at  law  now  pending 
wherein  said  bank  commissioners  are  a  party. 

§  23.  No  bank,  banking  corporation,  person,  or  partnership,  shall  make  any 
loan  or  discount  on  the  security  of  the  shares  of  its  own  capital  stock,  nor  be 
the  purchaser  of  any  such  shares,  unless  such  security  or  purchase  shall  be 
necessary  to  prevent  loss  upon  a  debt  previously  contracted  in  good  faith ;  and 
stock  so  purchased  or  acquired  shall,  within  six  (6)  months  from  the  time  of 
its  purchase,  be  sold  at  public  or  private  sale;  and  in  default  thereof,  after 
demand  by  the  bank  commissioners,  the  charter  of  such  corporation  shall  be 
deemed  forfeited  and  the  bank  commissioners  may  institute  liquidation  pro- 
ceedings against  said  corporation,  as  is  provided  in  section  ten  of  this  act. 
[Amendment,  Stats.  1905,  306.] 

§  24.  Every  banking  corporation,  except  savings  banks,  and  every  person 
and  partnership  doing  a  banking  business,  shall  at  all  times  have  on  hand  in 
cash  an  amount  equal  to  at  least  twenty  (20%)  per  centum  of  its  demand  or 
immediate  liabilities  and  time  certificates  of  deposit,  if  its  principal  place  of 
business  is  located  in  any  city  of  the  state  having  a  populaton  of  two  hundred 
thousand  (200,000)  and  over;  and  an  amount  equal  to  at  least  fifteen  (15%) 
per  centum  of  its  demand  or  immediate  liabilities  and  time  certificates  of 
deposit,  if  its  principal  place  of  business  is  located  elsewhere  in  the  state.  One 
half  of  such  cash  reserve  may  consist  of  moneys  on  deposit  subject  to  call  with 
any  solvent  bank  or  trust  company. 

Cash  shall  include  specie,  national  bank  notes,  legal  tender  notes,  and  all 
paper  obligations  of  the  United  States  circulating  as  money,  and  exchanges 
for  clearing-house  associations.     [Amendment,  Stats.  1905,  305-307.] 

§  25.  No  corporation  which  has  or  shall  be  incorporated  under  the  general 
laws  of  this  state  authorized  by  its  articles  of  incorporation  to  act  as  executor, 
administrator,  guardian,  assignee,  receiver,  depositary  or  trustee  shall  be  per- 
mitted to  act  or  be  appointed  as  such  unless  it  shall  have  a  paid-up  capital  of 
not  less  than  one  hundred  thousand  ($100,000)  dollars,  of  which  one  hundred 
thousand  ($100,000)  dollars  shall  have  been  actually  paid  in  in  cash.  [New 
section  added,  Stats.  1905,  305-307.] 

§  7.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  8.     This  act  shall  take  effect  immediately. 

The  irregularity  occurring  in  tlie  number-  March  thirtieth,   eighteen   hundred  and   sev- 

ing  of  the  sections  in  the  foregoing  statute  enty-eight,   and   as  amended   by  an  act  ap- 

occurs  in  the  volume  issued  by  the  state.  proved  March   tenth,   eighteen   hundred  and 

The    foUowing    repealing    act    was     also  eighty-seven,    and    as    amended    by    an    act 

passed   (Stats.   ]903.  73.  ch.  LXV):  approved  March  twenty-fifth,  eighteen  hun- 
dred and  ninety-five,  relating  to  the  powers 

To  repeal  an  act  entitled  "An  act  creating  a  ^,^^   duties   of  such  bank  commissioners,   is 

board    of    bank    commissioners    and    pre-  hereby  repealed. 

scribing    their    duties    and    powers,"    ap-  ^  3     This   act   shall   be   in   force   and   take 

proved  March  thirtieth,  eighteen  hundred  ^^^^^^  from  and  after  its  passage, 

and  seventy-eight,  and  as  amended  by  an  RelafinR     to     the    repenllnK    statute,     see 

act  approved  March  tenth,   eighteen   hun-  union  Sav.  Bank  vs.  Leiter.  145  Cal.  710. 

dred    and    eighty-seven,    and    as    amended  HISTORY:     Following    is    the    legislative 

by    an    act    approved    March    twenty-fifth,  history  of  the  foregoing  subject,  with  refer- 

eighteen  hundred  and  ninety-five,  relating  g^ce  to  supreme  court  decisions: 

to    the    powers    and    duties    of    such    bank  DECISIONS. — Stats.     1S03-4,     and     as     to 

commissioners.  ^j^p  early  statute  of  1S63-4,  15S,  see  Laidlaw 

§  1.    An    act    entitled    "An    act    creating   a  vs.   Pacific   Bank,   137   Cal.   392,   394,   70   Pac. 

board  of  bank  commissioners,  and  prescrib-  Rep.   277. 

Ing     their     duties     and     powers,"     approved  Stats.  1S77-8,  740,  ch.  CCCCLXXXI.--"Well.'? 


BANKS— INTEREST— DISSOLUTION.  73 

Fargo  &  Co.  vs.  Coleman,  53  Cal.  416;  Bank  58   Pac.   Rep.   63;  Bories  vs.  Union  Buiiaing 

of   British  N.   A.   vs.    Cahn,   79    Cal.    463,    465,  &  L.  Assoc,  141  Cal.  74-78,  74  Pac.  Rep.  552. 

21  Pac.  Rep.  863;  People  vs.  Superior  Court,  Amendment  1S05,  §   11,  172,  eh.  CLXVII. — 

100  Cal.   105-117,   34  Pac.  Rep.   492;  Long-  vs.  Braslan  vs.   Superior  Court,   124   Cal.   123,   56 

Superior    Court,    102    Cal.    449,    450,    36    Pac.  Pac.  Rep.  792;  People  vs.  Bank  of  Mendocino, 

Rep.   807;   Savings  Bank  vs.   Superior  Court,  133   Cal.    107,    108,    65    Pac.   Rep.    124;   Argues 

103  Cal.   27,   32,  36  Pac.  Rep.  1015;  Crane  vs.  vs.   Union   Savings    Bank,    133    Cal.    139,    140, 

Pacific   Bank,    106    Cal.    64,    69,    39    Pac.    Rep.  65  Pac.  Rep.  307;  Bank  of  National  City  vs. 

215,    27    L.    R.    A.    562;    Laidlaw    vs.    Pacific  Johnston,  133  Cal.  185,  186,  65  Pac.  Rep.  383; 

Bank,    137    Cal.    392-394,    70    Pac.    Rep.    277;  Union   Sav.    Bank   vs.    Dunlap,    135   Cal.    628- 

Bories  vs.   Union   Building  &  L.   Assoc,    141  631.    67    Pac.    Rep.    1084;    Bories    vs.    Union 

Cal.    74-78,   74   Pac.   Rep.    552.  Building  &  L.  Assoc,  141  Cal.  74-78,  74  Pac. 

Amendment    1887,    90,    ch.    LXXX. — §    11 —  Rep.    552. 

Long   vs.    Superior    Court,    102    Cal.    449,    450,  For  duties  o£  corporations  acting  as  trus- 

S6  Pac.  Rep.  807;  Savings  Bank  vs.  Superior  tees,  executors,  etc.,  see  Corporations,  Stats. 

Court,    103    Cal.    27,    32,    36    Pac    Rep.    1015.  1891,    490,    ch.    CCLXIV,    given    herein,    ante. 

§§  4,  21 — Crane  vs.  Pacific  Bank,  106  Cal.  64,  As   to   reports    of   unclaimed    deposits,   see 

69,  39  Pac.  Rep.  215,   27  L.  R.  A.   562.     §  11 —  next  succeeding  statute  and  reference  there 

Xianz  vs.  Fresno  etc.  Bank,  125  Cal.  456,  457,  made. 

BANKS  AND  BANKING— INTEREST. 

Savings  Banks. 

To  compel  savings  banks  to  publish  a  sworn  statement  of  all  unclaimed  deposits. 

(Stats.  1893,  183,  ch.  CLIV.) 

The  above  statute  is  now  carried  into  the  As  to  early  statute  of  1863,   see  Mulcahy 

Civil  Code    (Stats.   1905,   581,   ch.  CDXXX).  vs.  Hibernia  Sav.  &  L.  Soc,  144  Cal.  219,  222, 

See  KERR'S  CYC.  CIV.  CODE,  §  583b.  77   Pac.    Rep.    910. 

Stats.   1897,   27,   ch.   XXIX,   relating  to  de-  See  general  note  at  end  of  title  Corpora- 
posit    statements    by    commercial    banks,    is  tions,  post. 
by  the  same  statute  repealed. 

BANKS  AND  BANKING. 

Dissolution  of  Savings  Banks. 
Providing  for  the  dissolution  and  winding  up  of  savings  banks,  trust  com- 
panies, and  banks  of  deposit,  and  providing  for  the  disposition  of  all  funds 
deposited  therein  and  not  claimed  within  five  years  after  such  banks  have 
ceased  to  do  business,  or  after  commencement  of  proceedings  to  dissolve. 
(Stats.  1891,  271,  ch.  CXC.) 

§  1.  That  any  savings  bank  or  trust  company  or  bank  of  deposit  heretofore 
created  or  which  may  be  hereafter  created  shall  have  the  right,  on  application 
of  the  stockholders  or  members  to  the  superior  court  of  the  county  wherein  its 
principal  place  of  business  is  situated,  to  dissolve  said  corporation  in  the  man- 
ner provided  for  in  title  six,  part  three,  of  the  Code  of  Civil  Procedure. 

§  2.  It  is  hereby  made  the  duty  of  every  person  or  corporation  holding 
funds  of  any  savings  bank  or  trust  company  or  bank  of  deposit,  at  the  end  of 
five  years  from  and  after  [the  time]  such  bank  has  ceased  to  receive  deposits  or  do 
business,  to  pay  the  same  into  the  state  treasury,  which  money  shall  be  held  in  the 
state  treasury  in  a  fund  which  is  hereby  designated  as  "the  dissolved  savings 
bank  fund";  and  at  the  same  time  it  shall  be  the  duty  of  such  person  or  cor- 
poration to  furnish  to  the  state  controller  a  list  of  the  names  of  all  depositors 
to  whom  said  moneys  belong  or  to  whom  said  bank  owes  the  same. 

§  3.  The  money  in  said  "the  dissolved  savings  bank  fund"  may  be  draAvn 
out  on  the  warrants  of  the  state  controller,  issued  on  proofs  of  ownership, 
approved  and  allowed  by  the  state  board  of  examiners. 

§  4.     All  moneys  paid  into  the  said  "the  dissolved  savings  bank  fund"  un- 


74  BANKS— DISSOLITION — BENICIA. 

called  for  within  five  years  after  being  paid  in  shall  escheat  to  the  state,  and 
thereafter  only  drawn  out  in  such  manner  as  now  provided  for  by  law  for  the 
estates  of  deceased  persons  escheated  to  this  state. 

§  5.  That  any  person  or  corporation  failing  to  comply  with  the  provisions 
of  this  act  shall  be  liable  to  the  state  of  California  for  the  amount  of  money  so 
retained  by  them  contrary  to  the  provisions  of  the  first  four  sections  of  this 
act;  and  the  attorney-general  of  this  state  is  hereby  authorized,  empowered, 
and  directed  to  bring  action,  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, in  such  manner  and  upon  the  same  terms  as  now  provided  for  escheated 
estates,  to  recover  judgment  for  said  money,  and  when  so  recovered,  to  be  paid 
into  the  state  treasury  and  held  subject  to  the  provisions  of  this  act;  provided, 
that  said  fund  shall  be  liable  for  the  expense  of  the  recovery  of  the  same,  to 
be  paid  out  upon  demands  audited  by  the  state  board  of  examiners. 

§  6.  Whenever  and  as  often  as  there  is  in  the  state  treasury  to  the  credit  of 
the  said  "the  dissolved  savings  bank  fund"  the  sum  of  ten  thousand  dollars, 
the  state  board  of  examiners  must  invest  the  same  in  civil  funded  bonds  of  this 
state,  or  in  bonds  of  the  United  States,  or  in  bonds  of  the  several  counties  of 
this  state ;  the  investments  to  be  made  in  such  manner  and  upon  such  terms  as 
the  board  shall  deem  for  the  best  interests  of  the  said  "the  dissolved  savings 
bank  fund";  provided,  that  no  bonds  of  any  counties  shall  be  purchased,  of 
which  the  debt,  debts,  or  liabilities  at  the  time  exceed  fifteen  per  centum  of  the 
assessed  value  of  the  taxable  property  of  said  county. 

§  7.  All  bonds  purchased  by  the  board  under  the  provisions  of  this  act  must 
be  delivered  to  the  state  treasurer,  who  shall  keep  them  as  a  portion  of  said 
"the  dissolved  savings  bank  fund,"  the  interest  upon  such  bonds  to  be  placed 
by  him  to  the  credit  of  said  fund. 

§  8.  Whenever  the  moneys  on  hand  in  the  state  treasury,  to  the  credit  of 
the  said  "the  dissolved  savings  bank  fund"  is  not  sufficient  to  pay  the  claims 
allowed  by  the  state  board  of  examiners  against  said  fund,  it  shall  be  the  duty 
of  said  board  to  sell  such  bonds  belonging  to  said  fund  as  they  may  deem 
proper,  for  the  purpose  of  providing  funds  for  the  payment  of  such  claims  so 
allowed  by  them. 

§  9.     This  act  shall  take  effect  from  and  after  its  passage. 

BENICIA— CITY  OF. 

To  cede  certain  property  to  the  city  of  Benicia. 
(Stats.  1855,  239,  ch.  CLXXXVII.) 

§  1.  The  state  of  California  herebj'-  grants  to  the  city  of  Benicia  the  entire 
water  front  of  said  city,  and  all  of  the  right,  title  and  interest,  of  the  said  state, 
in  and  to  all  of  the  lands  within  the  corporate  limits  of  said  city  which  are 
subject  to  overflow;  provided,  that  nothing  in  this  act  shall  be  so  construed  as 
to  convey  any  right  or  title  to  any  part  of  the  water  front  which  lies  east  of  a 
north  and  south  line  drawn  from  the  most  western  part  of  the  land  belonging 
to  the  United  States,  and  now  used  for  military  purposes;  and  provided  fur- 
ther, that  nothing  herein  shall  be  so  construed  as  to  convey  to  said  city  any 
part  of  her  water  front  which  may  extend  into  the  Straits  of  Carquinez  beyond 
where  the  water  is  eighteen  feet  deep  at  low  tide. 


BENICIA— BICYCLES,    ETC.— LICENSE.  75 

§  2  The  said  water  front  and  overflowed  lands  herein  granted  shall  not  be 
subject  to  execution  upon  any  judgment  against  the  said  city  of  Benicia,  but 
may  be  sold  from  time  to  time  by  the  authorities  of  said  city,  m  such  manner  as 
will  be  most  to  the  interest  of  the  same. 

§  3  Said  cession  is  made  upon  this  express  condition,  that  the  authorities 
of  the  city  of  Benicia  shall  not  sell  the  property  ceded  without  first  givmg 
notice  of  said  sale  by  publication  in  at  least  one  daily  newspaper  in  San  Fran- 
cisco and  one  newspaper,  if  one  be  published,  in  the  county  of  Solano  for  thirty 
days  preceding  said  sale,  and  that  said  property  so  ceded  shall  be  sold  at  public 
auction  to  the  highest  bidder,  and  in  separate  lots  not  exceeding  m  size  one 
hundred  feet,  by  one  hundred  and  sixty  feet  in  size. 

§  4  Any  person  who  has  erected  useful  and  substantial  buildings  upon  any 
of  the  property  ceded  to  the  city  of  Benicia  by  this  act,  believing  that  he  had 
good  title  to  such  property  by  virtue  of  a  purchase  from  the  founders  of  the 
city  shall  have  the  privilege  within  six  months  from  the  passage  of  this  act,  of 
purchasing  the  lots  on  which  they  have  built,  at  private  sale,  from  the  said  city, 
and  at  a  f'air  valuation  of  the  lot  without  the  buildings;  such  valuation  to  be 
determined  by  the  city  council. 

This  and  other  acts  affecting  title  to  lands  other  acts  here,  as  space  "J^^^be  conserved 

m  Benicia  are  referred  to  in  Shirley  vs.  City  where   possible;   and   see   MUNICIPAL   COR 

of  Benicia,   US  Cal.   344,   50  Pac.  Rep.   404.  PORATIONS,  title  Benicia. 

It   is  deemed   unnecessary   to   publish   the 

BICYCLES— TRICYCLES— LICENSE. 

To  authorize  counties,  cities  and  counties,  and  incorporated  cities,  to  license 
bicycles,  tricycles,  and  similar  vehicles,  and  to  collect  a  fee  therefor,  for 
the  purpose  of  devoting  such  fee  to  the  construction  of  paths  along  country 
roads  for  the  use  of  pedestrians  and  the  wheeling  thereon  of  such  vehicles. 
(Stats.  1901,  324,  ch.  CXLIX.) 
§  1,     Counties,  cities  and  counties,  chartered  or  incorporated  cities  and  towns 
in  the  state  of  California,  are  hereby,  through  the  governing  bodies  thereof, 
authorized  and  permitted  to  license  the  use  of  bicycles,  tricycles,  automobile 
carriages  and  carts,  and  similar  wheeled  vehicles  propelled  by  the  power  of  the 
rider,  or  by  motor  under  control  of  the  rider,  owned,  rented,  and  used  withm 
the  several  jurisdictions  above  named;  provided,  that  such  license  shall  be 
granted  and  issued  only  on  payment  of  a  fee  not  to  exceed  one  dollar  a  year  for 
each  of  such  vehicles;  and  further  provided,  that  the  money  so  collected  shall 
be  appropriated  and  used  only  for  the  purpose  of  constructing  and  mamtammg 
paths  and  walkwavs  for  the  use  of  pedestrians,  and  the  wheeling  of  the  above- 
named  vehicles;  and  provided  also,  that  the  sum  of  the  taxes  paid  to  the  state, 
county,  towns,  or  municipality,  upon  any  vehicle  the  use  of  which  is  hereby 
authorized  to  be  licensed,  shall  be  deducted  from  the  amount  of  the  license  fee 
hereby  authorized,  and  credited  upon  the  license;  it  being  the  intention  that 
any  license  fee  hereby  authorized  shall  be  collected  in  such  less  sum  as  is  repre- 
sented by  the  subtraction  of  the  personal  property  tax  from  the  sum  of  the 
license  fee  fixed  by  such  ordinance. 

§  2.     When  an  ordinance  establishing  such  license  and  fixing  such  license 
fee  is  passed,  the  fee  shall  be  collected  and  the  license  issued  in  the  manner  and 


76  BICYCLES,   ETC. — LICEIVSE — ORDINANCE. 

by  the  officer  or  officers  provided  for  the  issuance  and  collection  of  other 
licenses,  and  the  governing  body  of  such  jurisdictions  named  in  section  one 
of  this  act  may  devise  such  label,  tag,  or  certificate  as  is  deemed  necessary  to 
be  witness  of  the  possession  of  such  license,  and  the  payment  of  such  fee ;  pro- 
vided, that  no  license  shall  be  required  for  any  vehicle  so  named  in  this  act  as 
is  in  the  possession  of  a  merchant,  manufacturer,  or  dealer,  for  the  purposes  of 
sale  or  barter,  and  not  for  use  by  the  owner  or  his  or  her  agent,  or  by  persons 
to  whom  such  vehicles  are  rented  for  use,  by  the  hour,  the  day,  the  week,  or 
other  period  of  time. 

§  3.  It  shall  be  lawful  for  such  governing  bodies  to  provide  in  such  ordi- 
nance or  ordinances  for  the  enforcement  of  penalties  for  the  violation  thereof, 
or  for  failure  or  refusal  to  take  such  license,  or  pay  such  license  fee;  provided, 
that  no  penalty  shall  exceed  the  sum  of  the  said  license  fee,  with  the  costs  of 
collection  and  prosecution  under  the  ordinance  added  thereto ;  nor  shall  any 
judgment  of  imprisonment  exceed  a  period  of  twenty-four  hours  for  violation 
of  said  ordinance. 

§  4,  It  shall  be  lawful  to  provide  in  any  such  ordinance  authorized  by  this 
act,  for  the  application  of  the  money  collected  to  the  construction  and  main- 
tenance of  such  paths,  by  said  towns  or  cities,  or  consolidated  cities  and 
counties,  without  the  limits  of  such  town  and  municipal  jurisdictions,  but 
within  the  county,  by  and  with  the  consent  of  the  board  of  supervisors  of  such 
county. 

§  5.  No  municipal  or  town  authority  in  this  act  referred  to  shall  have  author- 
ity by  ordinance  or  otherwise  to  license  any  such  vehicle  for  use  as  is  in  this 
act  referred  to,  except  the  same  is  owned  by  a  resident  of  such  municipal  or 
town  jurisdiction,  or  is  used  by  a  resident  of  such  jurisdiction ;  nor  shall  any 
county,  by  ordinance  or  otherwise,  lay  such  license  upon  the  use  of  any  such 
vehicle  named  in  this  act,  or  require  a  license  fee  therefor,  except  the  same  is 
owned  or  used  by  a  resident  of  the  county  without  the  boundaries  of  town  or 
municipal  jurisdictions  in  the  county ;  provided,  that  if  any  town  or  municipal 
authority  authorized  under  this  act  does  not  provide  for  such  ordinance  of 
license  and  fee  as  is  permitted  by  this  act,  then,  and  in  that  case,  the  governing 
body  of  the  county  may  by  ordinance  provide  for  the  license  herein  provided 
for  and  permitted,  and  the  collection  of  the  fee  authorized  by  this  act,  so  as  to 
make  the  same  applicable  to  the  residents  of  such  town  or  municipality.  But 
in  no  case  shall  any  license  or  fee  be  required  of  travelers  in  counties  other  than 
that  of  their  residence,  nor  from  tourists,  or  visitors,  or  temporary  residents  of 
any  city,  town,  city  and  county,  or  county. 

§  6.  All  costs  and  charges  for  licenses  herein  provided  for,  for  tags,  or 
visible  evidences  of  issuance  and  possession  of  license,  for  receipts  for  payment 
of  the  license  fee,  and  other  necessary  and  inseparable  expense  related  to  such 
licenses,  shall  be  paid  from  the  sum  of  such  collections  of  fees ;  provided,  that 
no  additional  salary  or  fee  shall  be  paid  to  any  officer  of  any  county,  or  town, 
or  city,  or  city  and  county,  for  services  in  issuing  or  delivering  licenses  pro- 
vided for  by  this  act,  or  for  collecting  the  fees  therefor,  authorized  and  pro* 
vided  for  in  this  act. 

§  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


BIG    TREE    GROVES — YOSEMITE.  77 

Bicycles,     Paths      for.— Relating     to      the  the     Civil     Code     by     Stats.     1905,     578,     ch. 

granting   by   counties  and   municipalities   of  CDXXVII.      See    KERR'S    CYC.    CIV.    CODE, 

franchises  for  the  construction  of  paths  and  §  524. 

roads    for    the    use    of    bicycles    and    other  See    Motor    Vehicles  —  Registration    of. — 

horseless     vehicles.— Stats.     1897,      191,     ch.  Stats.  1905,  816,  post. 
CXXX,     This  statute  has  been  carried  into 

BIG  TREE  GROVES. 

To  protect  the  groves  of  big  trees  in  the  coimties  of  Fresno,  Tulare,  and  Kern. 
(Stats.  1873-4,  347,  eh.  CCXLIX.) 

§  1.  Any  person  or  persons  who  shall  wilfully  cut  down  or  strip  of  its  bark, 
any  tree  "over  sixteen  feet  in  diameter"  in  the  grove  of  big  trees  situated  in 
the  counties  of  Fresno,  Tulare,  or  Kern,  or  shall  destroy  any  of  said  trees  by 
fire,  shall  be  guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof  before 
any  justice  of  the  peace  in  said  counties,  be  fined  not  less  than  fifty  ($50)  dol- 
lars nor  more  than  three  hundred  ($300)  dollars,  or  imprisonment  in  the  county 
jail  not  less  than  twenty-five  (25)  days  nor  more  than  one  hundred  and  fifty 
(150)  days,  or  both  fine  and  imprisonment,  as  the  court  may  determine. 

§  2.  Upon  the  arrest  and  conviction  of  any  person  or  persons  guilty  of  any 
of  the  acts  before  mentioned,  the  party  informing  shall  be  entitled  to  one  half 
of  the  fines  collected. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  next  following  act,  and  see  Yosemite  Valley,  receding  to  United  States,  and  notes, 
post, 

BIG  TREE  GROVES— YOSEMITE. 

To  provide  for  the  management  of  the  "Yosemite  Valley  and  the  Mariposa  Big 

Tree  Grove." 

(Stats.  1880,  state  ed.  44,  ch.  LVIII;  amended  1885,  212,  ch.  CLXIII.) 

§  1.  The  governor  of  the  state  of  California  and  the  eight  other  commission- 
ers appointed  by  him,  in  accordance  with  the  act  of  Congress  entitled  "An  act 
authorizing  a  grant  to  the  state  of  California  of  the  Yosemite  Valley  and  the 
land  embracing  the  Mariposa  Big  Tree  Grove,"  approved  June  thirteenth, 
eighteen  hundred  and  sixty-four,  shall  constitute  a  board  to  manage  such  prem- 
ises, and  the  governor  shall  be  ex  officio  member  of  the  commission  and  presi- 
dent of  the  board.  The  term  of  office  of  said  commissioners  shall  be  four  years ; 
provided,  that  the  eight  first  appointed  shall  so  classify  themselves  that  four 
shall  go  out  of  office  in  two  years,  and  four  in  four  years;  and  hereafter  th^ 
appointments  shall  be  made  four  each  two  years.  Vacancies  occurring  in  said 
commission  from  death,  resignation,  or  other  causes,  shall  be  filled  by  appoint- 
ment by  the  governor,  to  serve  for  the  unexpired  term  only. 

§2.  The  commissioners  shall  be  known  as  the  "commissioners  to  manage 
the  Yosemite  Valley  and  the  Mariposa  Big  Tree  Grove,"  and  they  and  their 
successors  shall  have  power  to  sue  and  be  sued,  and  have  full  power  to  manage 
and  administer  the  grant  made  and  the  trust  created  by  said  act  of  congress, 
and  to  make  and  adopt  all  rules,  regulations  and  by-laws  for  their  own  govern- 
ment, and  government,  improvement,  and  preservation  of  such  premises. 

§  3.     The  principal  place  of  business  of  said  commissioners  shall  be  in  the 


78  BIG    TREES — YOSEMITE — BLINDNESS. 

Yosemite  Valley,  and  they  shall  meet  at  their  office  in  said  valley  on  the  first 
Wednesday  of  June  of  each  year,  and  may  meet  oftener  in  Yosemite,  or  in  San 
Francisco,  or  Sacramento,  when  a  majority  of  the  commissioners  deem  it  expe^ 
dient  to  do  so.  Not  less  than  thirty  days  notice  of  such  meeting  shall  be  given 
in  the  official  newspapers  of  the  counties  of  Mariposa  and  Tuolumne,  and  in 
one  newspaper  of  the  city  and  county  of  San  Francisco ;  and  all  meetings  of  the 
board  of  Yosemite'  commissioners  shall,  at  all  times,  be  open  to  the  public. 
The  said  commissioners  shall  receive  no  compensation,  other  than  necessary 
traveling  expenses  incurred  in  performing  the  duties  of  the  board  as  prescribed 
in  this  act.    [Amendment,  Stats.  1885,  212.] 

§  4.  Said  commissioners  shall  elect  a  suitable  person  as  guardian  of  the 
Yosemite  Valley  and  IMariposa  Big  Tree  Grove,  who  may  be  one  of  said  com- 
missioners. Said  guardian  shall  hold  his  office  during  the  pleasure  of  the  board 
of  commissioners,  shall  be  subject  to  thoir  orders,  and  may  be  removed  at  any 
regularly  called  meeting  of  said  commissioners.  He  shall  receive  the  sum  of 
one  hundred  and  twenty-five  dollars  per  month,  payable  monthly,  which  salary 
shall  be  paid  from  the  state  treasury  in  the  same  manner  as  the  salaries  of  state 
officers  are  paid.  All  moneys  derived  from  leases  of  privileges  within  the  grant 
of  the  Yosemite  Valley  and  Mariposa  Big  Tree  Grove,  shall  be  expended  in  the 
preservation  and  improvement  of  the  valley,  or  the  roads  leading  thereto,  by 
order  of  the  board  of  commissioners  and  under  the  supervision  of  said  guardian. 
No  exclusive  franchise  of  any  kind  shall  be  granted  by  said  commissioners.  All 
accounts  relating  to  the  receipts  and  expenditures  of  money,  as  of  all  papers, 
vouchers,  and  documents,  belonging  to  the  business  transactions  of  said  board 
of  commissioners,  shall  at  all  times  be  open  to  public  inspection.  All  moneys 
received  by  said  commissioners  from  whatever  source,  shall  be  deposited  in  the 
state  treasury,  and  there  known  as  the  Yosemite  fund,  and  the  state  treasurer 
shall  pay  out  said  fund  only  upon  the  warrant  of  the  state  controller.  All 
disbursements  of  said  moneys  shall  be  in  the  following  manner :  The  said  com- 
missioners shall  draw  their  warrant  upon  the  state  controller,  and  the  con- 
troller shall  draw  his  warrant  upon  the  state  treasurer,  and  the  treasurer  shall 
thereupon  pay  the  same.  It  shall  be  unlawful  for  the  commissioners  to  disburse, 
or  cause  to  be  disbursed,  any  such  moneys  in  any  manner  different  from  that 
specified  in  this  act.     [Amendment,  Stats.  1885,  212.] 

§  5.  The  said  commission  shall,  immediately  after  organizing,  demand  from 
the  commissioners  now  acting  all  the  books,  papers,  and  documents  of  any  and 
every  kind  pertaining  to  the  business  of  said  board,  and  it  shall  be  the  duty  of 
the  commissioners  now  acting  to  immediately  comply  with  said  demand. 

§  6.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed,  and  this  act  shall  take  effect  from  and  after  its  passage. 

People  vs.  Ashburner,  55  Cal.  517-519.     See  Yosemite  Valley,  receding  to  United  States, 
and  notes,  post. 

BLINDNESS— IN  INFANTS. 

To  regulate  medical  practice  to  prevent  blindness  in  infants. 

(Stats.  1897,  12,  ch.  XIV.) 

§  1.  Should  one  or  both  eyes  of  an  infant  become  reddened  or  inflamed  at 
any  time  within  two  weeks  after  birth,  it  shall  be  the  duty  of  the  midwife. 


BLINDNESS — BLUE  BOOK — BLUE  CRANES.  79 

nurse,  or  person  having  charge  of  said  infant,  to  report  the  condition  of  the 
eyes  at  once  to  some  legally  qnalified  practitioner  of  medicine  of  the  city,  town, 
or  district  in  which  the  parents  of  the  infant  reside. 

§  2.  Any  failure  to  comply  with  the  provisions  of  this  act  shall  be  punish- 
able by  a  fine  not  to  exceed  one  hundred  dollars,  or  imprisonment  not  to  exceed 
six  months,  or  both. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

BLUE  BOOK— STATE. 

To  provide  for  the  compilation,  printing,  binding,  publishing  and  distribution 
of  a  legislative  manual  and  state  blue  book,  or  roster,  and  repealing  con- 
flicting acts.  (g^g^g^  1903^  19^  ^^  -^yj) 

§  1.  The  secretfwy  of  the  state  is  hereby  authorized  to  compile,  or  cause  to 
be  compiled,  published  and  distributed  seven  thousand  five  hundred  copies  of 
a  legislative  manual,  state  blue  book,  or  roster.  The  volume  shall  be  ready  to 
distribute  at  the  beginning  of  the  next  fiscal  year,  and  at  the  same  time  bienni- 
ally thereafter. 

§  2.     The  volumes  shall  be  distributed  as  follows: 

To  the  governor  of  the  state,  fifty  copies. 

To  each  elective  state  officer,  senator  and  member  of  the  assembly,  twenty 
copies. 

To  the  clerk,  sheriff  and  district  attorney  of  every  county  of  the  state,  one 
copy  each. 

To  every  judge  of  the  supreme  court,  supreme  court  commissioners,  and 
judges  of  the  superior  court,  one  copy  each. 

To  the  mayor  of  every  city,  or  chairman  of  its  board  of  trustees  in  this  state, 
one  copy  each. 

To  the  state  library,  twenty  copies. 

To  every  public  and  every  law  library  in  this  state,  one  copy  each. 

To  the  governor  and  secretary  of  state  of  every  state  in  the  union,  one  copy 
each. 

To  the  Congressional  Library  at  Washington,  District  of  Columbia,  five 
copies. 

To  each  high  school  in  this  state,  one  copy. 

The  remainder  of  the  volumes  shall  be  distributed  at  discretion  by  the  secre- 
tary of  state. 

§  3.  The  acts  of  March  thirty-first,  eighteen  hundred  and  ninety-one,  and 
March  twenty-third,  eighteen  hundred  and  ninety-three,  on  same  subject,  and 
all  other  acts  in  conflict  with  the  provisions  of  this  act  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

BLUE  CRANES. 

To  prevent  the  capture  and  destruction  of  blue  cranes,  in  this  state. 
(Stats.  1889,  205,  ch.  CLXXII.) 

The  above-mentioned  statute,   as  also   the  the    Penal    Code    by    statute    1905,    687,    ch. 

statute    1875-6,    287,    relating    to    Sea-grulls,  DXXIV. 

and    statute    1897,    37,    relating:    to   Antwerp,  See  KERR'S   CYC.  PENAL  CODE,  §§  598a, 

or    Homing    PlKeonn,    are    now    carried    into  599. 


g^  BOJVDS— OF    OFFICIALS,    GUARDIAIVS,    ETC. 

B'NAI  BRITH. 

rfee  Corporations — Note. 

BONDS— REQUIRED  BY  LAW. 

To  facilitate  the  giving  of  bonds  required  by  law. 
(Stats.  1885,  114,  cli.  CXXXI.) 

This  Is  apparently  superseded  by  §§  1056.  Cal.    353,    355,    32    Pac.    Rep.    446.      And    see 

1057,    Code    Civ.    Proc,    and    §    955,    subd.    4,  KERR'S    CYC.    CODE    CIV.    PROC,    §§  1056, 

Pol. 'code.     And  see  Libel  and  Slander,  post.  1057;   KERR'S   CYC.   POL.   CODE,  §955. 

For   oonstrnction    of   original    statute,   see  Bonds    of    guardians,    trustees,    receivers, 

Cramer  vs.  Tittle,  72  Cal.  12,  13,  12  Pac.  Rep.  etc. — See  next  following  statute. 

869;  Fox  vs.  Hale   &  Norcross  S.   M.   Co.,    97  Bonds — Coanty. — See   County  Bonds,  post. 

BONDS— COUNTY  AND  STATE  OFFICIALS. 

To  provide  for  the  payment  by  the  state,  or  counties,  or  cities,  or  cities  and 
counties,  of  the  premium  or  charge  on  official  bonds  when  given  by  surety 
companies.  (g^ats.  1903,  476,  ch.  CCCLIX.) 

§  1.  The  premium  or  charge  for  bonds  given  by  surety  companies  for  state 
officials,  county  officials,  city  officials,  or  city  and  county  officials,  shall  be  paid 
by  the  state,  county,  city,  or  city  and  county  respectively ;  provided,  however, 
that  no  premium  or  charge  shall  exceed  one  half  of  one  per  centum  per  annum 
on  the  amount  of  such  bond ;  and  provided  further,  that  this  act  shall  not  apply 
to  notaries  public. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

City    of    Oakland    vs.    Snow,    145    Cal.    419,427,  78  Pac.  Rep.  1060.  ! 

Bonds    of    guardians,    trustees,    receivers,  etc.,  cost  of. — See   next   succeeding  statute. 

Libel  and  Slander. — See  post. 

BONDS— GUARDIANS— TRUSTEES,  ETC. 

Making  the  cost  of  certain  bonds  of  receivers,  assignees,  trustees,  guardians, 
administrators  and  executors  chargeable  to  a  certain  extent  against  the 
trust  estate.  (g^^^^g^  -^c^q^^  ^rjrj^  ^^^  CCCLXXVII.) 

§  1.  Any  receiver,  assignee,  trustee,  guardian,  administrator  or  executor 
required  by  law  or  by  the  order  of  court  to  give  a  bond  as  such,  shall  be  allowed 
as  part  of  the  lawful  expense  of  executing  his  trust,  the  sum  paid  for  such  bond, 
not  exceeding,  however,  one  half  (I/2)  of  one  iX)  per  centum. of  the  amount  of 
such  bond,  for  each  year  that  the  same  shall  remain  in  force. 

BOOMS— FRANCHISES  FOR. 

To  authorize  boards  of  supervisors  of  the  several  counties  in  this  state  to  grant 
franchises  and  privileges  to  corporations,  associations  or  individuals. 

(Stats.  1881,  24,  ch.  XXXIY.) 

§  1.  The  board  of  supervisors  of  any  of  the  counties  of  this  state  are  hereby 
authorized  and  empowered  to  grant  the  privilege  of  constructing  booms  for 
the  purpose  of  holding  logs  and  timber  to  companies,  corporations,  or  indi- 


BOUATIES — COYOTE    SCALPS — BRIDGES.  81 

viduals,  and  to  prescribe  the  conditions  on  which  the  same  shall  be  maintained, 
and  the  prices  which  may  be  charged  for  the  use  of  the  same. 

§  2,  This  act  will  be  in  force  from  and  after  its  passage,  provided  that  navi- 
gation shall  not  be  interfered  with  thereby. 

There  may  be   serious  question  as   to  tlie  to  franchises  where  toHs  are  to  be  charged; 

validity     of     the     foregoing-    act,     or    as     to  but    the    peculiar    feature    of    this    act    is    in 

whether  it  has  been  superseded.     It  is  broad  §  2,  which  provides   that   it  will   be   in   force 

enough   in   its   terms  to  admit   of  franchises  from   and   after   its   passage,   "provided   that 

where  "tolls"  are  not  taken,  while  subd.  35,  navigation     shall     not     be     interfered     with 

§  25,  County  Government  Act  of  1897,  relates  thereby." 

BOUNTIES— COYOTE  SCALPS. 

See  State  of  California — Actions  Against. 

BRIDGES. 

To  provide  for  bridges  across  navigable  streams,  and  across  estuaries,  ponds, 
swamps,  or  arms  of  bays  that  may  be  outside  of  the  line  of  navigable 
waters.  (gtats.  1881,  78,  ch.  LXVIII.) 

§  1.  The  power  to  erect  bridges  on  public  highways  across  navigable 
streams  in  this  state,  or  to  grant  franchises  to  individuals,  or  corporations  for 
the  same,  is  hereby  granted  to  the  boards  of  supervisors  of  the  several  counties 
of  the  state,  under  the  restrictions  of  this  act. 

§  2.  The  power  to  grant  franchises  to  individuals  or  corporations  to  con- 
struct bridges,  and  the  regulation  of  tolls  thereon,  shall  be  exercised  by  thi' 
county  on  the  left  bank  of  all  streams. 

§  3.  Where  a  navigable  stream  is  the  boundary  line  between  the  countie'='. 
the  boards  of  supervisors  of  such  counties  may  join  in  the  construction  of  a 
bridge,  upon  such  terms  as  may  be  agreed  upon;  provided,  however,  that  in 
case  of  a  failure  to  agree,  either  county  may  build  the  bridge  and  maintain 
control  thereof. 

§  4.  "Whenever  the  supervisors  of  any  county  or  counties  desire  to  erect  a 
bridge  on  any  public  highway,  or  to  grant  the  privilege  so  to  do  to  any  indi- 
vidual or  corporation,  across  a  navigable  stream,  under  the  provisions  of  this 
act,  said  board  or  boards  shall  notify  the  state  engineer  of  such  purpose,  and 
of  the  precise  point  where  such  bridge  is  proposed  to  be  located.  The  state 
engineer  shall,  within  ten  days  of  the  receipt  of  such  notice,  designate  the 
width  of  the  draw  to  be  made  in  such  bridge,  and  also  the  length  of  the  spans 
necessary  to  permit  the  free  flow  of  water. 

§  5.  The  communication  from  the  state  engineer,  fixing  the  draw  and  spans, 
shall  be  spread  upon  the  minutes  of  the  board,  and  any  bridge  constructed  at 
that  point  shall  be  in  conformity  therewith ;  provided,  however,  that  the  state 
engineer  may,  upon  hearing  before  him,  had  upon  the  application  of  any  person 
or  body  interested,  made  within  ten  days  after  the  receipt  by  said  board  of 
supervisors  of  said  communication  of  said  engineer,  change  his  first  plans,  in 
which  case  the  modified  plans  must  be  so  spread  upon  the  minutes,  and  shall 
stand  in  the  place  of  the  original ;  provided,  however,  that  before  such  hearing 
is  had,  the  said  engineer  must  give  ten  days'  notice  by  publication  in  some 

Gen.  Laws — 6 


82  BRIDGES — NAVIGABLE    STREAMS. 

newspaper  published  in  the  county  or  counties  from  which  the  application 
came,  of  the  time  and  place  of  the  hearing. 

§  6.  In  case  of  the  absence  or  inability  of  the  state  engineer  to  act,  the  duties 
devolving  upon  him  under  this  act  shall  be  performed  by  the  state  surveyor- 
general. 

§  7.  When  a  bridge  shall  be  built  on  a  navigable  stream  hy  one  county,  or 
two  counties,  it  may  be  absolutely  free,  or  tolls  sufficient  to  pay  in  whole,  or  in 
part,  for  the  construction,  and  to  keep  up  the  repairs  and  expenses  thereof,  may 
be  charged ;  the  rate  to  be  fixed  by  the  board  of  supervisors  of  the  county  in 
which  the  same  is  located,  or,  if  located  in  two  counties,  then  by  the  boards  of 
supervisors  of  the  two  counties ;  or  if  there  be  any  disagreement  between  said 
boards,  as  to  imposing  or  removing  tolls,  or  the  rate,  the  matter  in  dispute  shall 
be  referred  to  the  board  of  supervisors  of  some  neighboring  county  for  deter- 
mination, and  its  decision,  communicated  in  writing  to  the  clerks  of  the  said 
boards  respectively,  shall  be  final ;  and  if  tolls  are  fixed  or  removed  thereby, 
the  same  shall  take  effect  on  the  tenth  day  from  the  date  of  such  written  deter- 
mination. 

§  8.  The  board  of  supervisors,  or  other  governing  body  of  any  city  and 
county,  or  county,  in  this  state,  shall  have  power  to  declare  that  it  is  necessary 
for  the  public  convenience  to  have  a  bridge  or  bridges  built  across  any  estuary, 
swamp,  pond,  or  arm  of  a  bay  that  may  lie  or  extend  into  the  county,  or  city 
and  county,  and  prescribe  the  points  between  which  said  bridge  or  bridges  shall 
be  built,  and  when  they  shall  have  specified  the  points  between  which  it  is,  in 
their  judgment,  necessary  to  build  the  said  bridge  or  bridges,  they  may  let 
contracts  to  build  the  bridges,  as  aforesaid,  and  pay  for  the  same  out  of  the 
general  fund  of  the  city  and  county,  or  county. 

§  9.     This  act  shall  take  effect  immediately. 

Assuming    that    the    foregrolngr    act    Is    In  Rep.    7S0;    Sacramento    County   vs.    Southern 

foroe.   it   is    subject   to   conditions    contained  Pac.   Co.,  127  Cal.   217,  21 S,   59   Pac.   Rep.   568, 

in  subd.  4,  §  25,  County  Government  Act  of  825;     Croley    vs.    California    Pac.     R.     (Pol. 

1897.      And    see    KERR'S    CYC.    POL.    CODE,  Code,  §2713),  134  Cal.   557,   66   Pac.   Rep.   860. 

§§  2618,    2643.      Chico    Bridge    Co.    vs.    Sacra-  See  next  following  statute,  as  to  the  repair 

mento  Transp.  Co.,  123  Cal.  178,  181,  55  Pac.  or  reconstruction  of  such  bridges. 

BRIDGES— NAVIGABLE  STREAMS. 

Concerning  bridges  across  navigable  streams. 

(Stats.  1897,  21,  ch.  XXV.) 

§  1.  The  board  of  supervisors  of  any  county  in  this  state  now  controlling  or 
maintaining,  by  virtue  of  any  statute,  any  bridge  across  any  navigable  stream 
wholly  or  in  part  within  the  boundary  lines  of  any  municipal  corporation,  is 
hereby  authorized  and  empowered,  whenever  it  may  become  necessaiy,  in  the 
interest  of  commerce  or  by  reason  of  any  such  bridge  being  out  of  repair,  to 
reconstruct  and  rebuild  any  part  of  such  bridge,  or  replace  said  bridge  by  a 
new  structure,  or  with  the  consent  of  the  governing  bodies  of  such  munici- 
palities change  the  location  of  such  bridge  to  such  place  on  such  stream  as  may 
be  better  suited  to  its  use,  or  to  the  use  of  such  navigable  stream ;  and  the  board 
of  supervisors  of  any  county  is  hereby  authorized  to  abandon  any  such  existing 
bridge  and  rebuild  a  new  bridge  at  such  changed  location,  and  the  board  of 


BRIDGETS— BUILDING  AND   LOAN   COM»IISSIONERS.  £3 

supervisors  of  any  such  county  so  rebuilding  and  reconstructing  said  bridge 
may  enter  into  an  agreement  with  any  person  or  corporation,  now  maintaining 
any  bridge  across  any  such  navigable  stream,  for  the  building  of  a  joint  bridge 
for  the  purpose  of  preventing  the  impeding  of  commerce  on  such  navigable 
streams,  and  of  apportioning  the  expense  between  said  county  and  said  person 
or  any  corporation,  in  such  manner  as  may  be  agreed  upon  between  said  county 
and  said  person,  or  corporation. 

§  2.  The  expense  of  said  reconstruction,  or  the  building  of  a  new  bridge,  to 
be  payable  out  of  the  same  fund  as  is  now  provided  by  law  for  the  maintenance 
and  repair  of  any  such  bridge ;  provided,  that  in  case  said  county  should  make 
such  agreement  with  said  person  or  corporation  for  the  building  of  any  joint 
bridge,  that  only  the  county's  portion  of  said  joint  bridge,  as  may  be  settled  by 
said  agreement,  shall  be  paid  from  the  said  funds ;  and,  provided,  that  in  no 
event  shall  the  county  pay  more  than  one  half  the  cost  of  construction,  repair 
or  reconstruction  of  any  such  joint  bridge. 

§  3.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

See  last  preceding  statute  and  note. 

BUILDING  AND  LOAN  COMMISSIONERS. 

Creating  a  bureau  of  building  and  loan  supervision ;  providing  for  the  appoint- 
ment of  administration  officials  therefor  to  be  known  as  the  building  and 
loan  commissioners;  prescribing  their  duties,  powers  and  compensation; 
providing  for  a  secretary,  his  powers  and  compensation ;  providing  for  the 
rental  of  offices  for  the  use  of  the  bureau  and  for  traveling  and  office 
expenses;  providing  a  system  for  licensing  building  and  loan  and  other 
associations,  and  for  assessing  and  collecting  the  license  fees  necessary  to 
meet  the  salaries  and  other  expenses;  providing  a  course  of  procedure 
where  violations  of  law,  or  unsafe  practices  are  found  to  exist,  or  are 
reported  by  the  commissioners  to  the  attorney-general;  providing  for  in- 
voluntary liquidation  by  trustees,  and  proceedings  in  connection  there- 
with; providing  for  exemption  of  property  of  associations  in  liquidation 
from  attachments,  executions  and  liens,  pending  liquidation ;  providing  for 
and  requiring  associations  to  procure  licenses,  pay  assessments  levied  for 
pro  rata  of  salaries  and  expenses,  and  to  make  and  file  reports ;  providing 
penalties  for  violations  of  law  and  orders  of  the  commissioners ;  providing 
for  succession  in  office,  and  repealing  all  acts  and  parts  of  acts  in  conflict 
herewith.  (Stats.  1905,  659,  ch.  DIV.) 

§  1.  There  is  hereby  created  a  bureau,  to  be  known  and  designated  as  the 
"bureau  of  building  and  loan  supervision,"  with  powers  of  supervision, 
examination  and  license  of  all  building  and  loan  associations,  mutual  loan 
associations,  co-operative  home  associations,  and  all  other  corporations,  asso- 
ciations and  societies,  whenever,  wherever  and  however  formed,  which,  in  the 
judgment  of  the  administration  of  said  bureau,  are  based,  or  are  operating  on 
plans  or  methods  similar  to  building  and  loan  associations  as  defined  in  section 
six  hundred  and  forty-eight  of  the  Civil  Code ;  it  is  also  charged  with  the  en- 


»4  BUILDING    AND     LOAN     COMMISSIONERS. 

f orcement  of  all  laws  designed  for  the  formation,  government  or  operation,  in 
this  state,  of  any  such  association,  corporation  or  society. 

§  2.  The  administration  of  said  bureau  shall  be  vested  in  two  commission- 
ers, to  be  known  and  designated  as  the  "building  and  loan  commissioners," 
who  shall  be  appointed  by  the  governor  (except  as  herein  provided)  and  com- 
missioned to  hold  office  for  the  term  of  four  years  and  until  their  successors 
shall  be  appointed  and  have  qualified.  They  must  be  citizens  of  this  state  and 
residents  of  different  counties;  and  they  must  not  be  in  any  way  connected 
with  any  association,  corporation  or  society  coming  under  their  supervision. 
They  shall  be  authorized  and  empowered  to  appoint  a  secretary,  with  powers  of 
examination  the  same  as  their  own,  who  must  be  a  practical,  skilled  accountant, 
fully  conversant  with  building  and  loan  accounts. 

§  3.  The  commissioners  shall  each  receive  a  salary  of  twenty-four  hundred 
dollars  per  annum,  and  their  secretary  shall  receive  a  salary  of  not  exceeding 
eighteen  hundred  dollars  per  annum.  There  shall  also  be  allowed  and  paid  the 
necessary  traveling  expenses  of  the  commissioners  and  their  secretary,  not  to 
exceed  the  sum  of  eight  hundred  dollars  per  annum.  The  commissioners  shall 
procure  and  have  an  office  in  the  city  of  San  Francisco,  for  which  there  shall  be 
allowed  and  paid  a  rental  of  not  exceeding  fifty  dollars  per  month,  and  such 
office  shall  be  kept  open  for  business,  every  business  day,  during  such  hours  as 
are  commonly  observed  by  the  banks  of  that  city  as  banking  hours ;  they  may 
also  provide  such  fuel,  stationery,  printing,  postage,  office  help  and  other  neces- 
sary conveniences  as  may  be  requisite  in  such  office,  at  a  cost  not  to  exceed,  in 
the  aggregate,  the  sum  of  five  hundred  dollars  per  annum.  All  said  salaries 
and  expenses  shall  be  audited  and  paid  in  the  same  manner  as  the  salaries  and 
expenses  of  other  state  officers. 

§  4.  Before  entering  upon  their  respective  duties  the  commissioners  must 
each  execute  an  official  bond  in  the  sum  of  five  thousand  dollars  and  the  secre- 
tary a  like  bond  in  the  sum  of  two  thousand  dollars,  and  each  must  take  the 
oath  of  office  as  prescribed  by  the  Political  Code  for  state  officers  in  general. 

§  5.  It  shall  be  the  duty  of  the  commissioners  to  furnish  to  all  associations, 
corporations  or  societies,  which,  in  their  judgment,  legally  come  under  their 
jurisdiction,  and  that  have  otherwise  complied  with  the  requirements  of  law, 
a  license  authorizing  them  to  transact  business  for  one  year  from  the  date  of 
said  license ;  to  receive  and  place  on  file  in  their  office  the  annual  or  other 
reports  required  by  law  to  be  made  by  building  and  loan  associations  or  other 
corporations  or  societies  licensed  by  them ;  to  supply  each  with  blank  forms  for 
such  statements;  and  to  make,  on  or  before  the  first  day  of  October  in  each 
year,  a  tabulated  report  to  the  governor  of  this  state,  showing  the  condition  of 
all  such  associations,  corporations  or  societies  reporting  to  them,  with  such 
recommendation  as  they  may  deem  proper,  accompanied  by  a  detailed  state- 
ment of  all  moneys  received  by  them  since  their  last  report,  and  the  disposition 
thereof. 

§  6.  It  shall  be  the  duty  of  one  or  both  of  the  commissioners,  in  person,  at 
least  once  in  each  year,  without  previous  notice,  to  visit  and  examine  into  the 
affairs  of  every  such  association,  corporation  or  society  licensed  by  them,  incor- 
porated or  doing  business  in  this  state;  on  such  occasions  they  shall  have  free 


BUILDING    AND    LOAN    ASSOCIATIONS— COMMISSIONERS.  85 

access  to  all  the  books,  records,  securities  and  papers  of  every  such  associa- 
tion, corporation  or  society  and  shall  first  count  the  cash  and  check  the  bank 
balance  of  such  corporation  or  association  with  the  proper  amount  of  funds  as 
shown  by  the  books  to  be  on  hand  and  at  the  date  and  hour  of  such  examina- 
tion, and  shall  then  examine  and  verify  the  books,  accounts,  and  securities,  and, 
so  far  as  possible  and  consistent,  the  values  of  all  property  owned  or  held  as 
collateral  security  for  moneys  loaned,  and  otherwise  use  reasonable  diligence 
to  ascertain  the  financial  condition  and  solvency  thereof.  They  and  their  secre- 
tary shall  have  power  to  administer  oaths  in  the  line  of  duty,  and  to  examine 
under  oath  the  officers,  employees  and  agents,  or  the  custodian  or  receiver,  rela- 
tive to  any  or  all  the  business  thereof.  The  commissioners  or  their  secretary  or 
representative  shall  receive  for  any  examination  into  the  books  and  affairs  of 
any  such  association,  corporation  or  society  formed  outside  of  the  state  of  Cali- 
fornia and  applying  for  a  license  to  do  business  in  this  state,  their  reasonable 
expenses,  which  shall -be  paid  by  the  association,  corporation  or  society  so 
examined ;  provided,  that  they  may  accept  the  result  of  any  such  examination 
made  by  the  duly  constituted  authorities  of  any  state  having  similar  laws  of 
supervision. 

§  7.  To  facilitate  the  examinations  specified  in  the  foregoing  section,  they 
shall  require  every  such  association,  corporation  or  society  to  keep  its  books  in 
such  form  as  to  accurately  show  its  assets  and  liabilities  in  detail  and  to  keep 
records  written  in  ink,  showing  the  appraised  and  assessed  values  of  the  real 
estate  security  held  in  connection  with  each  loan,  and  signed  in  each  case  by 
the  appraiser,  officer  or  committee  charged  with  making  such  estimated  valua- 
tions. The  commissioners  shall  make  a  revaluation  of  the  real  estate  owned, 
and  of  the  other  securities  of  any  such  association,  corporation  or  society 
licensed  by  them,  on  which  the  loan  payments  may  be  delinquent  for  six  months 
or  more,  and  may,  for  that  purpose,  appoint  local  appraisers,  who  shall  be  dis- 
interested persons,  at  the  expense  of  such  association,  corporation  or  society; 
the  expense  of  such  appraisement  to  be  fixed  by  the  commissioners,  but  not  to 
exceed  the  sum  of  five  dollars  for  property  located  outside  of  any  incor- 
porated limits  and  three  dollars  for  property  located  inside  of  any  incorporated 
limits  for  each  property  so  examined  and  appraised.  Each  appraiser  so  ap-* 
pointed  shall  be  required  to  make  a  sworn  report  to  the  commissioners  of  his 
estimated  valuations  of  all  property  so  examined  and  appraised. 

§  8.  The  commissioners  shall  have  power  to  issue  subpoenas  and  require 
attendance  of  any  or  all  trustees,  or  agents  of  any  such  association,  corpora- 
tion or  society,  and  such  other  witnesses  as  they  may  deem  necessary,  in  rela- 
tion to  its  affairs,  transactions  and  condition,  and  any  such  person  so  served 
with  such  subpcena  may  upon  application  of  the  commissioner  be  required  by 
order  of  the  superior  court  of  the  county  where  the  corporation,  association  or 
society  has  its  principal  place  of  business,  to  appear  and  answer  such  pertinent 
questions  as  may  be  put  to  him  by  such  commissioner  and  be  required  to  pro- 
duce such  books,  papers  or  documents  in  his  possession  as  may  be  required  by 
such  commissioner. 

§  9.  If  the  commissioners,  upon  any  examination,  or  from  any  report  made 
to  them  or  to  the  shareholders,  shall  find  that  any  association,  corporation  or 


86 


BUILDING    AND     LOAN     ASSOCIATIONS— VIOLATION     OF     CHARTER. 


society  licensed  by  them,  is  violating  the  provisions  of  its  charter  or  of  the  laws 
of  this  state  provided  for  its  government,  or  is  conducting  its  business  in  an 
unsafe  or  unauthorized  manner,  they  may,  by  an  order  addressed  to  the  asso- 
ciation, corporation  or  society  so  offending,  direct  a  discontinuance  of  such 
violations  or  unsafe  practices  and  a  conformity  with  all  the  requirements  of 
law;  and  if  such  association,  corporation  or  society  shall  refuse  or  neglect  to 
comply  with  such  order  within  the  time  specified  therein ;  or  if  it  shall  appear 
to  the  commissioners,  in  their  opinion,  that  any  such  association,  corporation  or 
society  is  in  an  unsafe  condition,  or  is  conducting  its  business  in  an  unsafe 
manner,  such  as  to  render  its  further  proceeding  hazardous  to  the  public  or  to 
those  having  funds  in  its  custody,  they  shall  notify  the  attorney-general  of 
such  facts  and  furnish  him  with  a  statement  showing  its  condition,  as  the  same 
may  have  been  found  to  exist ;  at  the  same  time  they  shall  notify  the  officers  of 
such  association,  corporation  or  society  of  the  fact  of  such  report  having  been 
made  and  direct  them  to  cease  the  transaction  of  any  new  business,  and  to  hold 
all  moneys,  securities  and  property  intact,  pending  the  action  of  the  attorney- 
general  on  such  report.     The  attorney-general  shall  thereupon  apply  to  the 
superior  court,  of  the  county  in  which  such  association,  corporation  or  society 
has  its  principal  place  of  business,  to  issue  an  injunction  restraining  it,  in  whole 
or  in  part,  from  further  proceeding  with  its  business  until  a  hearing  can  be  had. 
Such  court  may,  in  such  application,  issue  such  injunction,  and  after  a  full 
hearing,  may  dissolve  or  modify  it,  or  make  it  perpetual,  and  may  make  such 
orders  and  decrees  according  to  the  course  of  proceedings  in  equity,  to  restrain 
or  prohibit  the  further  prosecution  of  business  by  such  association,  corporation 
or  society,  as  may  be  needful  in  the  premises;  and  may  appoint  one  or  more 
receivers  to  take  possession  of  its  property  and  effects,  subject  to  such  direc- 
tions as  may  from  time  to  time  be  prescribed  by  the  court;  or  it  may,  by  its 
decree,  order  and  direct  that,  in  lieu  of  the  appointment  of  a  receiver,  the  busi- 
ness and  affairs  be  liquidated  by  a  board  of  trustees  equal  in  number  to  the 
board  of  directors,  to  be  elected  by  the  shareholders,  at  a  meeting  thereof,  to  be 
called  for  such  purpose  and  held  within  two  weeks  from  and  after  the  first 
Monday  succeeding  the  date  of  such  order  and  decree;  such  meeting  to  be 
.called  and  held  on  the  order  of  the  commissioners,  one  of  whom  shall  be  present 
and  preside  until  such  election  shall  be  had;  whereupon  he  shall  report  the 
result  to  the  proper  court,  and  thereupon  the  term  of  office  of  the  existing 
board  of  directors  and  of  all  the  officers  shall  cease  and  determine.    Such  board 
of  trustees,  when  so  elected,  shall  at  once  assume  office  and  have  possession  and 
control  of  all  the  property  and  assets  for  the  purpose  of  liquidation ;  and  such 
liquidation  shall  be  conducted  by  such  board  under  the  supervision  of  the  com- 
missioners, who  shall  have  full  power  to  limit  the  time  within  which  it  shall  be 
accomplished,  and  to  limit  the  number  of  employees  and  the  salaries  and  ex- 
penses that  shall  be  allowed  and  paid.     The  issuance  of  an  injunction,  in  the 
manner  herein  provided,  shall  operate  to  dissolve  or  stay  anj^  and  all  attach- 
ments or  executions  initiated  or  levied  within  thirty  days  next  preceding  the 
date  of  notification  of  the  attorney-general  by  the  commissioners;  and,  pending 
the  process  of  liquidation  as  ordered  by  the  court,  no  attachment  or  execution 
shall  be  levied,  nor  lien  created,  upon  any  of  the  property  of  such  association, 
corporation  or  society. 


BUILDING    AND    LOAN    ASSOCIATIONS— RECEIVER    FOR.  87 

§  10.  Whenever  a  receiver  or  receivers  are  appointed,  or  trustees  elected  in 
lieu  thereof,  the  commissioners  shall  require  the  president  and  secretary  of  such 
association,  corporation  or  society  to,  and  such  officers  shall,  make  a  schedule 
of  all  its  property  and  make  oath  that  such  schedule  sets  forth  all  the  property 
which  such  association,  corporation  or  society  owns  or  is  entitled  to,  and  deliver 
said  schedule  and  possession  of  the  property  to  the  receivers  or  to  the  trustees, 
and  a  copy  of  such  schedule  to  the  commissioners,  who  may  at  any  time  exam- 
ine under  oath  such  president  and  secretary,  or  other  officers,  to  determine 
whether  or  not  all  the  property  which  such  association,  corporation  or  society 
owns,  or  is  entitled  to,  has  been  transferred  to  such  receivers  or  trustees. 

§  11.  The  commissioners  shall,  at  least  once  in  each  year  and  as  much 
oftener  as  they  may  deem  expedient,  examine  the  accounts  and  doings  of  receiv- 
ers or  trustees,  and  shall  carefully  examine  and  report  on  all  accounts  and 
reports  made  to  the  proper  court,  and,  for  the  purposes  of  this  section,  shall 
have  full  and  free  access  to  all  the  books,  accounts  and  vouchers  relating  to 
any  such  liquidation. 

§  12.  Upon  the  certificate,  under  oath,  of  any  ten  or  more  officers,  trustees, 
creditors,  shareholders  or  depositors  of  any  such  association,  corporation  or 
society,  setting  forth  their  interest  and  the  reason  for  the  making  of  such  exam- 
ination, directed  to  the  commissioners,  and  requesting  them  so  to  do,  they  shall 
forthwith  make  a  full  investigation  of  its  affairs,  in  the  manner  provided. 

§  13.  If  either  of  the  commissioners,  having  knowledge  of  the  insolvent  con- 
dition, or  of  any  violation  of  law  or  unsafe  practice  of  any  such  association, 
corporation  or  society  under  their  supervision,  such  as  renders,  in  their  opinion, 
the  conduct  of  its  business  hazardous  to  its  shareholders,  creditors  or  deposi- 
tors, shall  fail  to  take  the  proper  action  required  by  this  act,  or  shall  refuse  or 
neglect  to  perform  the  official  duties  pertaining  to  his  office,  then  upon  convic- 
tion thereof  the  office  of  such  commissioner  shall  be  declared  vacant  by  the 
governor,  and  a  successor  be  appointed  to  fill  the  unexpired  term. 

§  14.  To  meet  the  salaries  and  expenses  provided  for  by  this  act,  the  com- 
missioners shall  require  every  association,  corporation  or  society  licensed  by 
them  or  coming  under  their  supervision  to  pay  in  advance,  to  them,  and  prior 
to  the  issuance  of  any  license,  its  pro  rata  amount  of  all  such  salaries  and  ex- 
penses, and  it  is  hereby  made  the  duty  of  every  such  association,  corporation 
or  society  to  pay  the  same ;  such  pro  rata  shall  be  fixed  and  determined  by  the 
proportion  which  its  assets  bear  to  the  aggregate  assets  of  all  such  associations, 
corporations,  or  societies,  receiving  licenses,  as  shown  by  the  last  reports  of 
such  corporations,  associations,  or  societies  to  the  commissioners.  On  or  before 
the  thirtieth  day  of  December,  in  each  year,  the  commissioners  shall  notify 
each  of  such  associations,  corporations  or  societies,  through  the  United  States 
mail,  of  the  amount  assessed  and  levied  against  it  and  that  the  same  must  be' 
paid  within  twenty  days  thereafter ;  and  should  payment  not  be  made  to  them 
within  said  twenty  days,  they  shall  then  assess  and  collect  a  penalty,  in  addi- 
tion thereto,  of  ten  per  centum  per  day  for  each  day  that  such  payment  may  be 
delayed  or  withheld ;  provided,  however,  that  in  the  levy  and  collection  of  such 
assessment,  no  such  association,  corporation  or  society  shall  be  assessed  for, 
nor  be  permitted  to  pay  less  than  ten  dollars  per  annum,  and  any  such  associa- 


88  BUILDING    AND    LOAN    ASSOCIATIONS — CERTIFICATE    OF    AUTHORITY. 

tion  hereafter  formed  in  this  state,  shall  be  required  to  pay  not  less  than  one 
dollar  per  month  for  the  unexpired  term  ending  December  thirty-first,  suc- 
ceeding application ;  and  in  like  manner  any  such  association  organized  outside 
this  state  shall  be  required  to  pay  not  less  than  three  dollars  per  month,  for 
such  unexpired  term,  for  its  first  license, 

§  15.  It  shall  be  the  duty  of  the  commissioners  to  require  every  such  asso- 
ciation, corporation  or  society  coming  under  their  supervision,  to  procure  from 
them,  prior  to  the  transaction  of  any  business,  a  certificate  of  authority  or 
license  to  transact  business  in  this  state ;  and  it  is  hereby  made  the  duty  of 
every  such  association,  corporation  or  society  to  comply  with  such  requirement. 
To  procure  such  license,  there  must  be  filed  with  and  approved  by  the  commis- 
sioners, a  certified  copy  of  its  articles  of  incorporation,  constitution  and  by- 
laws and  all  subsequent  amendments  thereto,  accompanied  by  the  license  fee 
herein  provided  for;  and  after  the  expiration  of  the  term  for  which  a  license 
may  have  been  granted  to  it,  no  such  association,  corporation  or  society  shall 
be  permitted  to  continue  to  transact  business  without  first  procuring  a  renewal 
of  such  license  on  the  terms  provided  in  this  act,  and  any  such  association,  cor- 
poration or  society  violating  the  provisions  hereof  shall  be  subject  to  a  penalty 
of  ten  per  centum  per  day  of  the  amount  of  the  license  fee  required  to  be  paid 
under  section  fifteen  of  this  act,  in  addition  thereto,  for  each  day  during  the 
continuance  of  such  offense.  The  commissioners  are  authorized  and  empowered 
to  revoke  the  license  of  any  such  association,  corporation  or  society  under  their 
supervision,  the  solvency  whereof  may  have  become  imperiled  by  losses  or 
irregularities;  and  immediately  upon  the  revoking  of  any  such  license  they 
shall  report  the  facts  to  the  attorney-general,  who  shall  thereupon  take  such 
proceedings  as  are  provided  in  section  nine  of  this  act. 

§  16.  The  commissioners  shall  require  every  association,  corporation  or 
society  licensed  by  them,  and  including  associations  in  liquidation,  within 
thirty  days  after  the  close  of  its  annual  fiscal  term  to  make  a  report  to  them  in 
writing,  verified  by  the  oath  of  its  president  and  secretary,  showing  accurately 
its  financial  condition  at  the  close  of  such  term ;  such  report  shall  also  include 
all  the  receipts  and  disbursements  and  income  and  expenses  for  the  term, 
together  with  such  statistical  and  other  information  as  may  be  deemed  essen- 
tial ;  all  and  every  of  such  reports  shall  be  in  such  form  as  the  commissioners 
may  prescribe,  and  upon  blanks  to  be  by  them  furnished  therefor.  Every  such 
association,  corporation  or  society  is  hereby  required  to  make  and  file  all  such 
reports  within  the  time  specified  herein,  and  for  failure  or  neglect  so  to  do  shall 
be  subject  to  a  penalty  of  ten  dollars  per  day  for  each  and  every  day  the  same 
shall  be  delayed  or  withheld. 

§  17.  The  collection  of  all  moneys  assessed,  as  herein  provided,  for  the  pay- 
ment of  salaries  and  annual  expenses,  or  forfeitable  as  fines  for  failure  to  make 
payments  of  assessments,  procure  licenses,  or  make  and  file  reports  as  herein 
specified,  and  due  from  any  such  association,  corporation  or  society  coming 
within  the  provisions  of  this  act,  or  imposed  as  a  penalty  for  violation  of  any 
order  or  summons,  may  be  enforced  by  the  commissioners,  by  action  instituted 
,in  any  court  of  competent  jurisdiction ;  and  all  moneys  collected  or  received  by 
the  commissioners  under  this  act,  shall  be  deposited  with  the  state  treasurer, 


BUILDING    AND     LOAN     ASSOCIATIONS — BUOYS     AND     BEACONS.  89 

to  be  credited  to  a  fund  to  be  known  and  designated  as  the  ''building  and  loan 
iijspection  fund";  which  said  fund  shall  only  be  used  in  defraying  the  salaries 
and  expenses  provided  for  by  this  act. 

§  18.  This  act  shall  not  be  construed  as  affecting  the  terms  of  office  of  the 
commissioners  appointed  under  and  by  virtue  of  an  act  entitled  "An  act 
creating  a  board  of  commissioners  of  the  building  and  loan  associations  and  pre- 
scribing their  duties  and  powers,"  approved  March  twenty-third,  eighteen  hun- 
dred and  ninety-three,  and  acts  amendatory  thereof,  and  such  commissioners 
are  hereby  created  the  building  and  loan  commissioners  for  the  unexpired 
terms  for  which  they  were  appointed,  and  they  and  their  secretary  are  hereby 
vested  with  all  the  powers  and  duties,  and  are  entitled  to  all  the  emoluments 
herein  provided  for ;  and  they  and  their  successors  in  office,  as  the  building  and 
loan  commissioners  herein  provided  for,  shall  succeed  to  all  the  rights,  privi- 
leges and  benefits,  and  to  the  control  and  possession  of  all  records,  property 
and  funds  in  the  possession  of  or  enjoyed  by  the  board  of  commissioners  of  the 
building  and  loan  associations  appointed  under  and  by  virtue  of  said  act  of 
March  twenty-third,  eighteen  hundred  and  ninety-three. 

§  19.  All  acts  and  parts  of  acts,  including  an  act  entitled  "An  act  creating 
a  board  of  commissioners  of  the  building  and  loan  associations  and  prescribing 
their  duties  and  powers,"  approved  March  twenty-third,  eighteen  hundred  and 
ninety-three,  and  all  acts  amendatory  thereof,  are  hereby  repealed. 

§  20.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Repealed.— stats.  1893,  231;  1895,  103.  Same — Stats.    1895,    103.  —  §9,    Bories    vs. 

STATUTES  CONSTRUED— Stats.  1893,  231.  Union  B.    &  L.   Assoc,   141   Cal.    74,   75-78,  74! 

— §  9,    People   vs.   Union    B.    &   L.   Assoc,    127  Pac  Rep.  552. 

Cal.  400.  405,  59  Pac.  Rep.  692;  §9,  Bories  vs.  Rej^ulating    right    to    do    busine.ss.  —  See! 

Union   B.   &   L.  Assoc,   141   Cal.   74,   75-78,   74  brief  in  58  L.  R.  A.  818. 

Pac.  Rep.  552;  §  19.  Provident  etc.  Assoc,  vs.  Retroactive    statutes    relating    to. — See    42' 

Davis,  143  Cal.  253,  258,  76  Pac.  Rep.  1034.  L.  R.  A.   783. 

BUOYS  AND  BEACONS. 

(Stats.  1873-4,  619,  ch.  CCCCXLII.) 

§  1.  Any  person  or  persons  who  shall  moor  any  vessel  or  boat  of  any  kind, 
or  any  raft  or  scow,  to  any  buoy  or  beacon  placed  in  the  waters  of  California 
by  authority  of  the  United  States  lighthouse  board,  or  shall  in  any  manner 
hang  on  to  the  same,  with  any  vessel,  boat,  raft,  or  scow,  or  shall  wilfully  re- 
move, damage,  or  destroy  any  such  buoy  or  beacon,  or  any  part,  of  the  same,  or 
shall  cut  down,  remove,  damage,  or  destroy  any  beacon  or  beacons  erected  on 
land  in  this  state  by  the  authority  aforesaid,  shall,  for  every  such  offense,  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  any  court 
of  competent  jurisdiction,  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  not  exceeding  six  months ;  one  third  of  the  fine  in 
such  case  to  be  paid  to  the  informer,  and  two  thirds  thereof  to  the  lighthouse 
board,  to  be  used  in  repairing  said  buoys  and  beacons. 

§  2,  The  cost  of  repairing  or  replacing  any  such  buoy  or  beacon  which  may 
have  been  misplaced,  damaged,  or  destroyed  by  any  vessel,  boat,  raft,  or  scow 
being  made  fast  to  the  sanie,  shall,  when  said  cost  shall  have  been  legally  ascer- 
tained, be  a  lien  upon  such  vessel,  boat,  raft,  or  scow,  and  recovered  against 


yO  BURIAL,    AJVD     DISINTERMENT. 

the  same,  and  the  owner  or  owners  thereof,  in  an  action  of  debt,  in  any  court 
of  competent  jurisdiction  in  this  state. 

Penal  Code,  §  609,  was  amended  by  Stats.  1905,  689,  ch.  DXXVII,  but  it  does   not  super- 
sede   the     I'oreg-oing    statute,     especially    the  provisions   of   §  2. 
See  KERR'S  CYC.  PEN.  CODE,  §§  609,  614. 

BURIAL  AND  DISINTERMENT  PERMITS. 

For  the  registration  of  deaths,  the  issuance  and  registration  of  burial  and  dis- 
interment permits  and  the  establishment  of  registration  districts  in 
counties,  cities  and  counties,  cities  and  incorporated  towns,  under  the 
superintendence  of  the  state  bureau  of  vital  statistics  and  prescribing  the 
powers  and  duties  of  registrars,  coroners,  physicians,  undertakers,  sextons 
and  other  persons  in  relation  to  such  registration  and  fixing  penalties  for 
the  violation  of  this  act. 

(Stats.  1905,  115,  ch.  CXIX.) 

§  1.  That  department  of  the  state  board  of  health  known  as  the  state  bureau 
of  vital  statistics  shall  provide  for  and  superintend  the  complete  and  proper 
registration  of  deaths  for  legal,  sanitary  and  statistical  purposes. 

§  2.  That  for  the  purposes  of  this  act  the  state  shall  be  divided  into  regis- 
tration districts  as  follows :  Each  city  and  county,  city,  and  incorporated  town, 
and  each  county  exclusive  of  the  portion  included  within  cities  and  incor- 
porated towns,  shall  constitute  a  primary  registration  district. 

§  3.  That  the  recorder  of  each  city  and  county,  county,  and  the  clerk  of 
each  city  or  incorporated  town,  shall  be  the  local  registrar  in  and  for  such  pri- 
mary registration  district  and  shall  perform  all  such  duties  of  local  registrar 
as  hereinafter  provided;  provided  however,  that  in  cities  having  a  freeholders 
charter  the  health  officer  shall  act  as  local  registrar  and  perform  all  the  duties 
thereof.  Each  local  registrar  shall  immediately  appoint  in  writing,  a  deputy 
who  shall  be  authorized  to  act  in  his  stead  in  case  of  absence,  death,  illness  or 
disability  and  when  it  may  appear  necessary  for  the  convenience  of  the  people 
in  any  county,  the  local  registrar  is  hereby  authorized  with  the  approval  of  the 
state  registrar  of  vital  statistics  to  appoint  one  or  more  proper  and  competent 
persons  to  act  as  sub-registrars,  who  shall  be  authorized  to  receive  certificates  of 
death  and  to  issue  burial  permits  or  removal  permits  in  and  for  such  portions 
of  the  county  as  may  be  designated.  Each  sub-registrar  shall  note  in  legible 
writing  over  his  signature  the  date  each  certificate  of  death  was  filed,  and  shall 
forthwith  forward  the  certificate  to  the  local  registrar  of  the  county,  and  in  all 
cases  before  the  eighth  day  of  the  following  month;  provided,  that  all  sub- 
registrars  shall  be  subject  to  the  supervision  and  control  of  the  state  registrar 
of  vital  statistics. 

§  4.  That  the  body  or  remains  of  no  person  whose  death  occurs  in  the  state 
shall  be  interred,  deposited  in  a  vault,  grave  or  tomb,  cremated,  disinterred  or 
otherwise  disposed  of,  or  removed  from  or  into  any  registration  district  until  a 
I)ermit  for  burial,  disinterment  or  removal  shall  have  been  properly  issued  by 
the  registrar  of  the  registration  district  in  which  the  death  occurs.  And  no 
such  burial  or  removal  permit  shall  be  issued  by  any  registrar  until  a  complete 
and  satisfactory  certificate  and  return  of  the  death  has  been  filed  with  him,  as 


BURIAL    PERMITS— COKTENTS.  91 

hereinafter  required;  provided  that  in  case  of  any  death  outside  of  the  state, 
where  the  body  is  accompanied  by  a  removal  or  transit  permit  issued  in  ac- 
cordance with  the  law  and  the  health  regulations  in  force  where  the  death 
occurred,  such  removal  or  transit  permit  shall  be  accepted  as  of  the  same 
authority  as  a  permit  from  the  local  registrar  when  such  removal  or  transit 
permit  shall  have  indorsed  thereon  the  written  approval  of  the  state  registrar 
of  vital  statistics,  or  when  said  state  registrar  otherwise  officially  notifies  the 
local  registrar  of  his  approval. 

§  5.  Still-born  children,  or  those  dead  at  birth,  shall  be  registered  as  deaths 
under  this  act,  and  a  certificate  of  death  and  burial  or  removal  permit  in  usual 
form  shall  be  required.  The  medical  certificate  of  cause  of  death  shall  be 
signed  by  the  attending  physician  or  midwife,  and  shall  state  the  cause  of 
death  as  "still-born,"  with  the  cause  of  the  still-birth,  if  known,  whether  a  pre- 
mature birth,  and,  if  born  prematurely,  the  period  of  utero-gestation  in  months, 
if  known. 

§  6.  That  the  certificate  of  death  shall  be  of  the  standard  form  recommended 
by  the  United  States  census  office  and  the  American  Public  Health  Associa- 
tion, and  shall  contain  the  following  items : 

(1)  Place  of  death,  including  state,  county,  to^vnship  or  town,  city  or  village. 
If  in  a  city,  the  ward,  street,  and  house  number.  If  in  a  hospital  or  other  insti- 
tution, the  name  of  the  same  to  be  given  instead  of  the  street  and  house  number. 

(2)  Full  name  of  decedent.  If  an  unnamed  child  the  surname,  preceded  by 
"unnamed." 

(3)  Sex. 

(4)  Color  or  race — as  white,  black  (negro  or  negro  descent),  Indian,  Chinese, 
Japanese,  or  other. 

(5)  Conjugal  condition — as  single,  married,  widowed,  or  divorced. 

(6)  Date  of  birth,  including  the  year,  month,  and  day. 

(7)  Age,  in  years,  months,  and  days. 

(8)  Place  of  birth;  state  or  foreign  country. 

(9)  Name  of  father. 

(10)  Birthplace  of  father;  state  or  foreign  country. 

(11)  Maiden  name  of  mother. 

(12)  Birthplace  of  mother;  state  or  foreign  country. 

(13)  Occupation;  the  occupation  to  be  reported  of  any  person  who  had  any 
remunerative  employment — women  as  well  as  men. 

(14)  Signature  and  address  of  informant. 

(15)  Date  of  death,  including  the  year,  month,  and  day. 

(16)  Statement  of  medical  attendance  on  decedent,  fact  and  time  of  death, 
including  the  time  last  seen  alive. 

(17)  Cause  of  death,  including  the  primary  and  immediate  causes,  and  con- 
tributory causes  or  complications,  if  any,  and  the  duration  of  each. 

(18)  Signature  and  address  of  physician  or  official  making  the  medical  cer- 
tificate. 

(19)  Special  information  concerning  deaths  in  hospitals  and  institutions  and 
of  persons  dying  away  from  home,  including  the  former  or  usual  residence, 
length  of  time  at  place  of  death,  and  place  where  the  disease  was  contracted. 

(20)  Place  of  burial  or  removal. 


92  BURIAL.    PERMITS— MEDICAL.    CERTIFICATE. 

(21)  Date  of  burial  or  removal. 

(22)  Signature  and  address  of  undertaker, 

(23)  Official  signature  of  registrar  with  date  when  certificate  was  filed  and 
registered  number. 

The  certificate  shall  be  written  legibly  in  permanent  black  ink,  typewritten 
or  printed,  and  no  certificate  shall  be  held  to  be  complete  and  correct  that  does 
not  suppl}^  all  of  the  items  of  information  specified  above  or  satisfactorily 
account  for  the  omission  of  any  of  said  items. 

The  personal  and  statistical  particulars  (items  1  to  13)  or  such  other  items 
as  shall  be  required  by  the  state  registrar  shall  be  authenticated  by  the  signa- 
ture of  the  informant,  who  may  be  any  competent  person  acquainted  with  the 
facts. 

The  statement  of  facts  relating  to  the  disposition  of  the  body  shall  be  signed 
by  the  undertaker  or  person  acting  as  such. 

The  medical  certificate  shall  be  made  and  signed  by  the  physician,  if  any, 
last  in  attendance  on  the  deceased,  who  shall  specify  the  time  in  attendance, 
the  time  he  last  saw  the  deceased  alive,  and  the  hour  of  the  day  at  which  death 
occurred.  He  shall  further  state  the  cause  of  death  so  as  to  show  the  course  of 
disease  or  sequence  of  causes  resulting  in  death,  giving  the  primary  and 
immediate  causes,  and  contributing  causes,  if  any,  and  the  duration  of  each. 
Indefinite  and  unsatisfactory  terms  indicating  only  symptoms  of  diseases  or  con- 
ditions resulting  from  disease  will  not  be  held  sufficient  for  issuing  a  burial  or 
removal  permit,  and  any  certificate  containing  only  such  terms,  as  defined  by 
the  state  registrar,  shall  be  returned  to  the  physician  for  correction  or  defini- 
tion. Causes  of  death  which  may  be  the  result  of  either  disease  or  violence 
shall  be  carefully  defined ;  and,  if  from  violence,  its  nature  shall  be  stated,  and 
whether  accidental,  suicidal  or  homicidal.  For  cause  of  deaths  in  hospitals, 
institutions,  or  away  from  home,  the  physician  shall  furnish  the  information 
required  under  this  head,  and  shall  state  where,  in  his  opinion,  the  disease  was 
contracted.  The  cause  of  death  and  all  other  facts  required  shall  in  all  cases 
be  stated  in  accordance  with  the  instructions  and  directions  of  the  state 
registrar. 

§  7.  In  case  of  any  death  occurring  without  medical  attendance,  it  shall  be 
the  duty  of  the  undertaker  to  notify  the  registrar  of  such  death,  and  when  so 
notified  the  registrar  shall  refer  tlie  case  to  the  coroner  for  his  investigation 
and  certification,  and  the  coroner  shall  within  three  days  after  the  inquest 
furnish  the  local  registrar  where  such  death  occurs  a  certificate  in  form  and 
substance  as  required  by  the  state  registrar  and  containing  as  many  of  the 
facts  required  by  this  act  as  can  be  ascertained.  Said  local  registrar  shall  then 
forthwith  transmit  such  certificate  to  the  state  registrar,  retaining  a  copy 
thereof  on  file  in  his  office. 

§  8.  The  undertaker,  or  person  acting  as  undertaker,  shall  be  responsible 
for  obtaining  and  filing  the  certificate  of  death  with  the  registrar  and  securing 
a  burial  or  removal  permit  prior  to  any  disposition  of  the  body.  He  shall 
obtain  the  personal  and  statistical  particulars  required  from  the  person  best 
qualified  to  supply  them  over  the  signature  and  address  of  his  informant.  He 
shall  then  prosent  the  certificate  to  the  attending  physician,  if  any,  or  to  the 
health  officer  or  coroner,  as  directed  by  the  registrar,  for  the  medical  certifi- 


BURIAL    PER3HTS — LOCAL    REGISTRAR.  93 

cate  of  the  cause  of  death  and  other  particulars  necessary  to  complete  the 
record,  as  specified  in  the  preceding  section.  And  he  shall  then  state  the  facts 
required  relative  to  the  date  and  place  of  burial  over  his  signature  and  with 
Lis  address,  and  present  the  completed  certificate  to  the  registrar  within  the 
time  limit,  if  any,  designated  by  the  local  board  of  health  for  the  issuance  of  a 
burial  or  removal  permit.  The  undertaker  shall  deliver  the  burial  permit  to 
the  sexton  or  person  in  charge  of  the  premises  before  interring  the  body,  or 
attach  it  to  the  box  containing  the  corpse,  when  shipped  by  any  transportation 
company,  to  accompany  same  to  destination,  when  it  shall  be  accepted  by  the 
sexton  as  authority  for  the  interment  of  the  body. 

§  9.  It  shall  be  the  duty  of  the  local  registrar  to  supply  blank  forms  of  cer- 
tificates to  such  persons  as  require  them.  He  shall  carefully  examine  each 
certificate  when  presented  for  record  to  see  that  it  has  been  made  out  in 
accordance  with  the  provisions  of  this  act  and  the  instructions  of  the  state 
registrar,  and  if  any  certificate  is  incomplete  or  unsatisfactory  it  shall  be  his 
duty  to  call  attention  to  the  defects  in  the  return  and  to  withhold  issuing  the 
burial  or  removal  permit  until  they  are  corrected.  He  shall  then  number  them 
in  consecutive  order,  beginning  with  number  one  for  the  first  death  in  each 
calendar  year,  and  sign  his  name  as  registrar  in  attest  of  the  date  of  filing  in 
his  office.  If  the  certificate  is  properly  executed  and  complete,  he  shall  then 
issue  a  burial  or  removal  permit  to  the  undertaker ;  provided,  that  in  case  the 
death  occurred  from  some  disease  that  is  held  by  the  state  board  of  health  to 
be  infectious,  contagious,  or  communicable  and  dangerous  to  the  public  health. 
no  permit  for  the  removal  or  other  disposition  of  the  body  shall  be  granted  by 
the  registrar  except  under  such  conditions  as  may  be  prescribed  by  the  state 
and  local  boards  of  health.  He  shall  also  make  a  complete  and  accurate  copy 
of  each  certificate  registered  by  him,  upon  a  form  identical  with  the  original 
certificate,  to  be  filed  and  permanently  preserved  in  his  office  as  the  local 
record  of  such  death,  in  such  manner  as  directed  by  the  state  registrar.  He 
shall,  on  or  before  the  eighth  day  of  each  month,  transmit  to  the  state  registrar 
all  original  certificates  registered  by  him  during  the  preceding  month.  If  no 
deaths  occurred  in  any  month  he  shall,  on  or  before  the  eighth  day  of  the  fol- 
lowing mouth,  report  that  fact  to  the  state  registrar  in  such  manner  as  the 
state  registrar  shall  direct. 

§  10.  If  the  interment,  or  other  disposition  of  the  body  is  to  be  made  in  the 
registration  district  in  which  the  death  occurred,  the  wording  of  the  burial 
permit  may  be  limited  to  a  statement  by  the  registrar,  and  over  his  signature, 
that  a  satisfactory  certificate  of  death  having  been  filed  with  him  as  required 
by  law,  permission  is  granted  to  inter,  remove,  or  otherwise  dispose  of  the  body 
of  the  deceased,  stating  the  name,  age,  sex  and  cause  of  death  and  other  neces- 
sary details  upon  the  form  prescribed  by  the  state  registrar.  In  case  the 
interment,  or  other  disposition  of  the  body,  is  to  be  made  in  some  registration 
district  other  than  that  in  which  the  death  occurred,  a  complete  copy  of  the 
certificate  of  death  shall  be  attached  to  and  made  a  part  of  the  permit. 

§  11.  No  sexton  or  person  in  charge  of  any  premises  in  which  interments 
are  made  shall  inter  or  permit  the  interment  of  any  body  unless  it  is  accom- 
panied by  a  burial,  removal,  or  transit  permit  as  herein  provided.    Each  sexton 


IM  BURIAL    PERMITS — STATE    REGISTRAR. 

lor  person  in  charge  of  any  burial  ground  shall  indorse  upon  the  permit  the 
date  of  interment,  over  his  signature,  and  shall  return  all  permits,  so  indorsed, 
to  the  local  registrar  of  his  district  within  one  day  from  the  date  of  interment. 
He  shall  also  keep  a  record  of  all  interments  made  in  the  premises  under  his 
charge,  stating  the  name  of  the  deceased  person,  place  of  death,  date  of  burial, 
and  name  and  address  of  the  undertaker,  which  record  shall  at  all  times  be 
open  to  public  inspection. 

§  12.  The  state  registrar  shall  prepare  a  sample  form  and  blank  for  all 
registrars  for  use  in  registering,  recording  and  preserving  the  returns  or  in 
otherwise  carrying  out  the  purposes  of  this  act,  and  shall  prepare  and  issue 
such  detailed  instructions  as  may  be  required  to  secure  the  uniform  observance 
of  its  provisions  and  the  maintenance  of  a  perfect  system  of  registration.  No 
other  forms  of  blanks  shall  be  used  than  those  prescribed  by  the  state  registrar. 
He  shall  carefully  examine  the  certificates  received  monthly  from  the  local 
registrars,  and  if  any  such  are  incomplete  or  unsatisfactory  he  shall  require 
such  further  information  to  be  furnished  as  may  be  necessary  to  make  the 
record  satisfactory.  All  physicians,  informants,  or  undertakers  connected 
with  the  case,  and  all  other  persons  having  knowledge  of  the  facts,  are  hereby 
required  to  furnish  such  information  as  they  may  possess  regarding  any  death, 
upon  demand  of  the  state  registrar,  in  person,  by  mail,  or  through  the  local 
registrar.  He  shall  further  arrange,  bind  and  permanently  preserve  the  certifi- 
cates in  a  systematic  manner,  and  shall  prepare  and  maintain  a  comprehensive 
index  of  all  deaths  registered,  showing  the  name  of  deceased,  place  and  date 
of  death,  number  of  certificate,  and  the  volume  in  M'hich  it  is  contained.  He 
shall  inform  all  registrars  what  diseases  are  to  be  considered  as  infectious, 
contagious,  or  communicable,  and  dangerous  to  the  public  health,  as  decided 
by  the  state  board  of  health,  in  order  that  when  deaths  occur  from  such  dis- 
eases proper  precautions  may  be  taken  to  prevent  the  spreading  of  dangerous 
diseases,  and  all  rules  and  regulations  made  by  him  for  carrying  out  and 
enforcing  the  purposes  of  this  act  shall,  when  promulgated,  have  the  same 
force  and  effect  as  if  enacted  by  law. 

§  13.  "Whenever  it  may  be  alleged  that  the  facts  are  not  correctly  stated  in 
any  certificate  of  death  theretofore  registered,  the  local  registrar  shall  require 
a  deposition  under  oath  to  be  made  by  the  person  asserting  the  fact,  to  be  sup- 
ported by  the  depositions  of  two  or  more  credible  persons  having  knowledge  of 
the  facts,  setting  forth  the  changes  necessary  to  make  the  record  correct.  Hav- 
ing received  such  depositions,  he  shall  file  them  and  shall  then  draw  a  line 
through  the  incorrect  statement  or  statements  in  the  certificate,  without  eras- 
ing them,  and  make  the  necessary  corrections,  noting  on  the  margin  of  the 
certificate  his  authority  for  so  doing,  and  transmit  the  deposition,  attached  to 
the  original  certificate,  when  making  his  regular  monthly  returns  to  the  state 
registrar.  If  the  correction  relates  to  a  certificate  previously  returned  to  the 
state  registrar,  he  shall  transmit  the  deposition  forthwith  to  the  state  registrar. 
If  the  correction  is  first  made  upon  the  original  certificate  on  file  in  the  state 
bureau  of  vital  statistics,  the  state  registrar  shall  transmit  a  certified  copy  of 
the  original  certificate,  corrected  as  above,  to  the  local  registrar,  who  shall 
thereupon  substitute  such  certified  copy  for  the  copy  of  the  certificate  in  his 


BURIAL,    PERMITS— REGISTRARS'    FEES.  95 

records.  All  such  corrections  and  marginal  notes  referring  to  them  shall  be 
legibly  written  in  ink,  typewritten  or  printed. 

§  14.  Each  local  registrar  shall  be  entitled  to  be  paid  the  sum  of  not  exceed- 
ing twenty-five  cents  for  each  death  certificate  properly  and  completely  made 
out  and  registered  with  him,  and  by  him  returned  to  the  state  registrar  on  or 
before  the  eighth  day  of  the  following  month,  which  sum  shall  cover  and 
include  the  making  out  of  the  burial  permit  and  the  copy  of  the  certificate  to 
be  filed  and  preserved  in  his  office.  And  in  case  no  deaths  were  registered  dur- 
ing any  month,  the  local  registrar  shall  be  entitled  to  a  sum  not  exceeding 
twenty-five  cents  for  each- report  to  that  effect,  promptly  made  in  accordance 
with  the  directions  of  the  state  registrar;  provided,  however,  that  all  such 
compensation  for  such  services  shall  be  fixed  by  the  board  of  supervisors,  city 
council,  or  other  governing  body  of  such  local  registration  district. 

All  amounts  payable  to  registrars  under  the  provisions  of  this  act  shall  be 
paid  by  the  treasurer  or  other  lawful  officer,  out  of  the  funds  of  each  registra- 
tion district,  upon  warrants  drawn  by  the  local  auditor  or  other  proper  local 
officer  of  such  district,  which  warrants  shall  specify  the  number  of  certificates 
properly  registered  and  reports  promptly  returned  where  no  deaths  are  reg- 
istered, with  the  amount  due  for  each:  provided,  however,  that  no  warrant 
shall  be  issued  to  any  local  registrar,  or,  if  issued,  shall  be  paid  where  notice 
is  previously  given  by  the  state  registrar  to  the  auditor,  treasurer  or  other 
proper  officer  of  such  registration  district  that  the  local  registrar  has  failed  to 
comply  with  the  rules  and  regulations  of  the  state  bureau  of  vital  statistics  and 
the  instructions  of  the  state  registrar. 

§  15.  The  state  registrar  shall,  upon  receipt,  furnish  any  applicant  a  certi- 
fied copy  of  the  record  of  any  death  registered  under  provisions  of  this  act, 
for  the  making  and  certification  of  which  he  shall  be  entitled  to  a  fee  of  fifty 
cents,  to  be  paid  by  the  applicant.  And  any  such  copy  of  the  record  of  a  death, 
when  properly  certified  by  the  state  registrar  to  be  a  true  copy  thereof,  shall 
be  prima  facie  evidence  in  all  courts  and  places  of  the  facts  therein  stated. 
For  any  search  of  the  files  and  records,  when  no  certified  copy  is  made,  the 
state  registrar  shall  be  entitled  t^^  a  fee  of  fifty  cents  for  each  hour  or  frac- 
tional hour  of  time  of  search  to  be  paid  by  the  applicant.  And  the  state  reg- 
istrar shall  keep  a  true  and  correct  account  of  all  fees  by  him  received  under 
these  provisions,  and  turn  the  same  over  to  the  state  treasurer. 

§  16.  Every  physician  and  undertaker,  residing  in,  at  the  date  of  this  act  or 
thereafter  establishing  a  residence  in,  any  registration  district,  shall  forthwith 
register  his  or  her  name,  address,  and  occupation,  with  the  local  registrar  of 
the  district  in  which  he  or  she  resides,  and  they  shall  thereupon  be  furnished 
by  the  registrar  a  copy  of  this  act  and  such  rules,  regulations,  and  instructions 
as  may  be  prepared  by  the  state  registrar  with  relation  to  their  duties  under 
this  act. 

§  17.  If  any  physician  who  was  in  medical  attendance  upon  any  deceased 
person  at  the  time  of  death  shall  neglect  or  refuse  to  make  out  and  deliver  to 
the  undertaker,  sexton,  or  other  person  in  charge  of  the  interment,  removal,  or 
other  disposition  of  the  body,  upon  request,  the  medical  certificate  of  cause  of 
death  hereinbefore  provided  for,  or  shall  wilfully  or  knowingly  make  a  false 


j)6  BURIAL     PERMITS — BUTTER,    WEIGHT. 

certification  of  the  cause  of  death  in  any  case,  he  shall  be  deemed  guilty  of  a 
misdemeanor. 

If  any  undertaker,  sexton,  or  other  person  acting  as  undertaker  shall  inter, 
remove,  or  otherwise  dispose  of  the  body  of  any  deceased  person  without  hav- 
ing received  a  burial  or  removal  permit  as  herein  provided,  he  shall  be  deemed 
guilty  of  a  misdemeanor. 

Any  registrar,  deputy  registrar  or  sub-registrar  who  shall  neglect  or  fail  to 
enforce  the  provisions  of  this  act  in  his  district,  or  shall  neglect  or  refuse  to 
perform  any  of  the  duties  imposed  upon  him  by  this  act  or  by  the  instructions 
and  directions  of  the  state  registrar,  shall  be  deemed  guilty  of  a  misdemeanor. 

And  any  person  or  persons  who  shall  violate  any  of  the  provisions  of  this 
act,  or  shall  wilfully  neglect  or  refuse  to  perform  any  duties  imposed  upon 
them  by  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor. 

Any  transportation  company  or  common  carrier  transporting  or  carrying,  or 
accepting  through  its  agents  or  employees  for  transportation  or  carriage,  the 
body  of  any  deceased  person  without  an  accompanying  permit,  issued  in 
accordance  with  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  less  than  fifty  nor  more 
than  two  hundred  dollars. 

§  18.  Local  registrars  are  hereby  charged  with  the  strict  and  thorough 
enforcement  of  the  provisions  of  this  act  in  their  districts  under  the  super- 
vision and  direction  of  the  state  registrar.  They  shall  make  an  immediate 
report  to  the  state  registrar  of  any  violations  of  this  law  coming  to  their  notice 
by  observation  or  upon  complaint  of  any  person  or  otherwise.  The  state  reg- 
istrar shall  have  authority  to  investigate  cases  of  irregularity  or  violation  of 
law,  personally  or  by  accredited  representative,  and  all  registrars  shall  aid  him, 
upon  request,  in  such  investigations.  When  he  shall  deem  it  necessarj^,  he  shall 
report  cases  of  violation  of  any  of  the  provisions  of  this  act  to  the  prosecuting 
attorney  or  other  proper  officer  of  the  countj'  or  municipality,  with  a  statement 
of  the  facts  and  circumstances,  and  when  any  such  case  is  reported  to  them  by 
the  state  registrar  all  prosecuting  attorneys  or  officials  acting  in  such  capacity 
shall  forthwith  initiate  and  promptly  follow  up  the  necessarj^  court  proceed- 
ings against  the  parties  responsible  for  the  alleged  violations  of  law. 

§  19.  All  acts  and  parts  of  acts  in  conflict  or  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed. 

See  KERR'S  CYC.  POL,.  CODE,  §§  3027,  and  see  title  herein  on  Cemeteries — Disln- 
3084,  and  KERR'S   CYC.  PEN.  CODE,   §  290:       tcrment  and   note  thereunder. 

BUTTER— WEIGHT  OF  PACKAGE. 

Requiring  the  marking  of  packages  of  butter  containing  less  than  six  pounds 
and  more  than  one  half  pound  so  as  to  advise  the  purchaser  or  others  as 
to  the  weight  of  butter  contained  in  such  package. 

(Stats.  1905,  316,  ch.  CCCII.) 

§  1.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  their 
agents  or  employees,  shall  sell,  manufacture  or  prepare  for  sale,  offer  for  sale 
or  expose  for  sale,  or  have  in  his  or  their  possession  for  sale,  or  consign,  ship 
or  present  to  any  dealer,  commission  merchant,  consumer,  or  other  person,  any 


BUTTER    PACKAGES — WEIGHT.  97 

butter  in  packages  containing  less  than  six  pounds  and  more  than  one  half 
pound,  unless  the  exact  weight  of  such  butter  contained  in  such  package  or 
packages,  rolls,  prints  or  other  form  of  package,  expressed  in  the  number  of 
pounds  or  ounces  or  in  both  pounds  and  ounces,  shall  be  printed  or  durably 
and  legibly  marked  upon  the  wrapper  or  other  container  of  such  butter  in 
letters  or  figures,  or  in  both  letters  and  figures,  not  less  than  one  fourth  inch 
high  and  upon  the  same  side  or  face  of  such  package  upon  which  the  pro- 
ducer's or  seller's  name  and  address  appears,  and  if  such  name  and  address 
does  not  appear,  the  weight  alone  shall  be  legibly  and  durably  placed  upon 
such  package  in  letters  or  figures  not  less  than  one  fourth  of  an  inch  high. 

§  2.  Whoever  shall  violate  any  of  the  provisions  or  sections  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  twenty  dollars  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor 
more  than  fifty  days,  or  by  both  such  fine  and  imprisonment  at  the  discretion 
of  the  court. 

§  3.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing  under  the 
laws  of  this  state,  to  enforce  the  provisions  of  this  act  and  to  cause  the  prose- 
cution of  any  person  known  to  be  guilty,  or  that  it  has  reason  to  believe  to  be 
guilty,  of  violating  any  of  the  provisions  of  this  act.  It  shall  be  the  duty  of 
the  district  attorney  of  each  and  every  county  in  this  state,  upon  application 
from  the  state  dairy  bureau,  to  attend  to  the  prosecution  in  the  name  of  the 
people  of  any  action  brought  for  the  violation  of  any  of  the  provisions  of  this 
act  within  his  district.  One  half  of  all  fines  collected  for  the  violation  of  any 
of  the  provisions  of  this  act  shall  be  paid  to  the  county  in  which  the  fine  is 
imposed.  The  other  one  half  shall  be  paid  to  the  state  dairy  bureau  and  by  said 
bureau  to  the  state  treasurer  and  the  same  shall  become  a  part  of  the  appro- 
priation made  by  law  for  the  use  of  the  state  dairy  bureau. 

§  4.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  5.     This  section  [act]  shall  take  effect  sixty  days  after  its  passage. 

The  foregoing  statute  Is  probably  intended  to  supersede  or  repeal  the  statute  of  1893, 
next   following. 

Weights   and   measures,   regulation   of.— See    13    L.    R.    A.    286. 

Same — Standard,  law  in  force  at  place  of  purchase. — See  118   Fed.   Rep.   325    55   C    C    A 
341. 

BUTTER— WEIGHT  OF  PACKAGE. 

To  prevent  the  sale  of  short-weight  rolls  of  butter. 

(Stats.  1893,  151,  eh.  CXXXVII.) 

§  1.  Any  person  or  persons,  firm  or  corporation,  who  offers  for  sale  roll 
butter  not  of  full  weight  to  each  roll,  shall  be  guilty  of  a  misdemeanor. 

§  2.     This  act  shall  go  into  effect  sixty  days  after  its  passage. 

See  last  preceding  statute. 

"Renovated"  or  "Process"  butter. — See  next  following  statute,  which  repeals  the  statute 
of  1899,   85,  ch.  XXV,   on  that  subject. 

Gen.  Laws — 7 


98  DECEPTION  IN  BUTTER — RENOVATED  BUTTER. 

BUTTER— DECEPTION  IN. 

To  prevent  deception  in  the  sale  of  renovated  butter  and  to  license  manu- 
facturers and  dealers  in  the  same. 

(Stats.  1905,  468,  ch.  CCCLXXI.) 

§  1.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  ■';heir 
agents  or  employees,  shall  sell,  offer  for  sale  or  expose  for  sale  or  have  in  his 
or  their  possession  for  sale  any  renovated  butter  unless  the  same  shall  have 
printed  upon  each  and  every  package,  roll,  print,  square,  or  any  container  of 
such  renovated  butter  the  words  "renovated  butter"  in  letters  not  less  than 
one  half  inch  in  height,  or  who  shall  not  have  secured  from  the  state  dairy 
bureau,  now  existing  under  the  laws  of  this  state,  a  license  as  provided  herein- 
after. 

§  2,  The  term  renovated  butter  as  used  in  this  act  is  hereby  defined  to  mean 
and  include  butter  that  has  been  reduced  to  a  liquid  state  by  melting,  and 
drawing  off  such  liquid  or  butter  oil  and  churning  or  otherwise  manipulating 
it  in  connection  with  milk  or  any  product  thereof. 

§  3.  Any  person  or  persons,  firms  or  corporations,  desiring  to  manufacture 
or  deal  in  renovated  butter  shall  make  application  to  the  state  dairy  bureau 
for  a  license  and  upon  payment  of  a  license  fee  of  the  amount  mentioned  herein, 
to  the  state  dairy  bureau,  said  bureau  shall  issue  to  the  applicant  a  license. 
All  such  licenses  shall  expire  December  thirty-first  of  each  year  and  may  be 
issued  in  periods  of  one  year  or  six  months,  upon  payment  of  a  proportionate 
part  of  the  license  fee.  Manufacturers  of  renovated  butter  within  this  state 
shall  pay  an  annual  license  fee  of  one  thousand  dollars;  wholesale  dealers  shall 
pay  an  annual  license  fee  of  four  hundred  dollars ;  retail  dealers  shall  pay  an 
annual  license  fee  of  fifty  dollars ;  hotels,  restaurants,  boarding  houses  and  all 
other  places  where  meals  are  served  and  payment  is  received  therefor,  either 
immediately  or  by  the  day,  week  or  month,  and  which  use  or  furnish  renovated 
butter  in  connection  with  said  meals,  shall  pay  an  annual  license  fee  of  ten 
dollars.  The  term  wholesale  dealers  as  used  herein  includes  all  persons,  firms 
or  corporations,  who  shall  sell  renovated  butter  in  quantities  of  ten  pounds  or 
more.  The  term  retail  dealers  includes  all  persons  who  sell  in  quantities  of  less 
than  ten  pounds.  All  licenses  while  in  force  shall  be  conspicuously  displayed 
in  the  place  of  business  of  the  party  or  parties  to  whom  they  have  been  issued. 
The  state  dairy  bureau  shall  require  all  persons  holding  a  manufacturer's  or 
wholesaler's  license,  as  provided  in  this  act,  to  keep  a  record  in  a  form  sepa- 
rate from  all  other  business  in  which  every  sale  of  renovated  butter  shall  be 
recorded,  giving  the  quantity  sold,  the  name  and  location  of  the  buyer  and  the 
place  to  which  it  was  shipped.  Such  record  shall  be  accessible  at  all  times  to 
duly  authorized  representatives  of  the  state  dairy  bureau. 

§  4.  All  license  fees  paid  to  the  state  dairy  bureau  under  this  act  shall  be 
paid  by  said  bureau  into  the  state  treasury,  the  same  to  be  added  to  the  appro- 
priation made  for  the  same  fiscal  year  for  the  bureau  and  its  expenditure  shall 
be  at  the  disposal  of  said  bureau  for  its  vise. 

§  5.  Whoever  shall  violate  any  of  the  provisions  or  sections  of  this  aot 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof, 


RENOVATED     BUTTER — POLYTECHAIC     SCHOOL.  09 

be  punished  for  the  first  offense  by  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars ;  or  by  imprisonment  in  the  county  jail  for  not 
less  than  ten  days  and  not  exceeding  thirty  days;  and  for  each  subsequent 
offense  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  two  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  not  less  than  twenty  days  nor 
more  than  one  hundred  days,  or  by  both  such  fine  and  imprisonment,  at  the 
discretion  of  the  court. 

§  6.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every  county 
in  this  state,  upon  application,  to  attend  to  the  prosecution  in  the  name  of  the 
people  of  any  action  brought  for  the  violation  of  any  of  the  provisions  of  this 
act  within  his  district.  One  half  of  all  the  fines  imposed  for  the  violation  of 
any  of  the  provisions  of  this  act  shall  be  paid  to  the  county  in  which  the  fine  is 
imposed.  The  other  one  half  shall  be  paid  to  the  state  dairy  bureau,  and  by 
said  bureau  to  the  state  treasurer,  and  the  same  shall  become  a  part  of  the 
appropriation  made  by  law  for  the  use  of  said  state  dairy  bureau. 

§  7.  An  act  which  became  a  law  under  constitutional  provision  without  the 
governor's  approval,  February  twenty-third,  eighteen  hundred  and  ninety-nine, 
entitled  "An  act  to  prevent  deception  in  the  sale  of  process  or  renovated 
butter"  and  all  other  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

§  8.     This  act  shall  take  effect  thirty  days  after  its  passage. 

See    tits.     Cheese;    Dairy    Products;    State  A.  889.     Unless  colored  pink. — See  1  L.  R.  A. 

Dairy  Bureau.  51;    35    L.    R.   A.    844. 

IMITATION     BUTTER  —  Constitutionality  Same — Regulating    traffic    In.  —  See    notes 

of  statutes  regulating  the  manufacture  and  1  L.  R.  A.  52;  6  L.  R.  A.  533;  11  L.  R.  A.  532; 

sale  of.— See  35  L.  R.  A.  844;  57  L.  R.  A.  181;  briefs  in  15  L.  R.  A.  839  and  30  L.  R.  A.  397. 

118  Fed.  Rep.  56,  47  C.  C.  A.  195.  As  affecting  interstate  commerce,  see  briefs 

Same — Original      packages       from       other  in  10  L.  R.  A.  830;  22  L.  R.  A.  156;  30  L.  R. 

states.— See  30  L.  R.  A.  396.  A.  397. 

Same — Prohibiting   sale   of. — See    15    L.    R. 

CALIFORNIA  POLYTECHNIC  SCHOOL. 

To  establish  the  California  Polytechnic  School  in  the  county  of  San  Luis  Obispo, 
and  making  an  appropriation  therefor. 

(Stats.  1901,  115,  ch.  CL) 

§  1.  There  is  hereby  established  in  the  county  of  San  Luis  Obispo,  at  or  near 
the  city  of  San  Luis  Obispo,  a  school  to  be  known  as  the  California  Polytechnic 
School.  The  purpose  of  this  school  is  to  furnish  to  young  people  of  both  sexes 
mental  and  manual  training  in  the  arts  and  sciences,  including  agriculture, 
mechanics,  engineering,  business  methods,  domestic  economy,  and  such  other 
branches  as  will  fit  the  students  for  the  non-professional  walks  of  life.  This 
act  shall  be  liberally  construed,  to  the  end  that  the  school  established  hereby 
may  at  all  times  contribute  to  the  industrial  welfare  of  the  state  of  California. 

§  2.  Within  thirty  days  after  this  act  goes  into  effect  the  governor  shall 
appoint  five  persons,  who,  with  the  governor,  and  superintendent  of  public 
instruction,  shall  constitute  the  board  of  trustees  of  said  school. 

§  3.  The  said  trustees,  as  provided  for  in  section  two  of  this  act,  are  hereby 
appointed  and  created  trustees  of  said  California  Polytechnic  School,  with  full 
power  and  authority  to  select  a  site  for  the  permanent  location  of  said  school. 


100  STATE    AGRICULTURAL    SOCIETY— APPROPRIATION. 

Said  trustees  shall,  within  ninety  days  after  the  passage  of  this  act,  examine 
the  different  sites  offered  by  the  people  of  San  Luis  Obispo  County  for  the  loca- 
tion of  said  school ;  and  the  site  selected  by  them  shall  be  and  remain  the  per- 
manent site  for  said  school.  But  no  money  shall  be  expended  for  or  on  said 
site,  until  a  deed  in  fee  simple  has  been  made  for  land  so  selected  to  the  state 
of  California. 

§  4.  The  term  of  office  of  the  trustees  shall  be  four  years,  except  that,  in 
appointing  the  first  board  of  trustees,  the  governor  shall  appoint  two  members 
for  one  year,  one  for  two  years,  one  for  three  years,  and  one  for  four  years. 
They  shall  be  governed  and  regulated  by  the  laws  governing  and  regulating 
the  normal  schools  of  this  state,  in  so  far  as  the  same  are  applicable  to  an 
institution  of  this  kind. 

§  5.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out  of  any 
moneys  belonging  to  the  state  not  otherwise  appropriated,  for  the  purchase  of 
a  site,  the  construction  and  furnishing  of  the  necessary  buildings,  and  the 
maintenance  of  said  school. 

§  6.  The  controller  of  the  state  is  hereby  authorized  to  draw  warrants  from 
time  to  time,  as  the  work  shall  progress,  in  favor  of  said  board  of  trustees, 
upon  their  requisition  for  the  same,  and  the  state  treasurer  is  directed  to  pay 
the  same. 

§  7.  The  moneys  hereby  appropriated  shall  be  expended  under  the  direction 
of  the  said  board  of  trustees. 

§  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  January  first, 
nineteen  hundred  and  two. 

CALIFORNIA  REDWOOD  PARK. 

See  Parks — Public. 

CALIFORNIA  STATE  AGRICULTURAL  SOCIETY— APPROPRIATION. 

Making  an  appropriation  to  the  directors  of  the  California  State  Agricultural 
Society  for  the  purpose  of  paying  certain  indebtedness,  claims  and  de- 
mands against  said  society. 

(Stats.  1901,  802,  ch.  CCXLVI;  amended,  Stats.  1905,  199,  ch.  CCX.) 

§  1.  The  sum  of  forty-five  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated,  to  be  by  the  state  of  California  paid  to  the  board  of 
directors  of  the  California  State  Agricultural  Society  for  the  purpose  of  paying 
and  discharging  the  indebtedness,  claims,  and  demands  that  have  accrued 
against  said  society. 

§  2.  All  said  claims  shall  first  be  approved  by  the  board  of  directors  of  said 
California  State  Agricultural  Society  and  by  the  state  board  of  examiners 
before  being  paid. 

§  3.  No  money  shall  be  paid  out,  pursuant  to  the  terms  of  this  act,  until  the 
said  board  of  directors  of  the  California  State  Agricultural  Society  shall  make, 
execute  and  deliver  to  the  state  of  California  a  deed  conveying  all  its  right, 
title  and  interest  in  and  to  all  real  estate  owned  by  said  society,  or  in  which  it 


STATE  AGRICULTURAL  SOCIETY— APPROFR I ATION.  101 

€laims  any  right,  title  or  interest.  Said  deed  shall  embrace  all  the  property 
owned  by  the  said  society  at  the  time  of  the  passage  of  this  act,  and  said  deed 
shall  be  deposited  with  the  secretary  of  state.  If  before  the  passage  of  this 
act  the  said  California  State  Agricultural  Society  shall  have  made  such  deed 
the  same  shall  be  considered  a  compliance  with  the  conditions  and  terms  of 
this  act.  [Amendment,  Stats.  1905,  199,  ch.  CCX.  The  amendatory  act  also  con- 
tained the  following  section :  §  2.  All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed.] 

§  4.  The  state  controller  is  hereby  directed  to  draw  his  warrant  for  the  sum 
herein  appropriated,  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

§  5.  This  act  shall  take  effect  and  be  in  force  on  and  after  January  first, 
nineteen  hundred  and  two. 

CONTRIBUTION    TO    BY    STATE— Public   character.— See  29  L.  R.  A.  708. 

CALIFORNIA  STATE  AGEICULTURAL  SOCIETY. 

Making  an  appropriation  for  the  erection  and  construction  of  buildings  and 
equipping  the  fair  grounds  owned  by  or  under  the  jurisdiction  and  control 
of  the  California  State  Agricultural  Society,  for  exposition  and  state  fair 
purposes  and  for  the  payment  of  other  expenses  incidental  and  relating 
thereto,  prohibiting  gambling  of  all  kinds  upon  the  grounds  and  premises 
under  the  control  of  said  California  State  Agricultural  Society,  and  pro- 
viding a  penalty  for  gambling  or  gaming  thereon,  and  providing  that  cer- 
tain moneys  now  in  the  state  treasury  may  be  used  in  connection  with  this 
appropriation  for  such  purposes. 

(Stats.  1905,  793,  ch.  DXCV.) 

§  1.  The  sum  of  sixty  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury,  not  otherwise  appropriated,  to  be  paid  to  the 
board  of  directors  of  the  California  State  Agricultural  Society  and  to  be 
expended  on,  in  and  about  the  fair  grounds  owned  by  or  under  the  jurisdiction 
and  control  of  the  California  State  Agricultural  Society  for  the  purpose  of 
equipping  the  said  fair  grounds  for  exposition  and  state  fair  uses  for  the  pur- 
poses hereinafter  specified:  For  the  construction  of  a  swine  exhibit  build- 
ing; the  construction  of  a  sheep  building;  the  construction  of  cattle  exhibit 
barns ;  the  construction  of  exhibit  buildings  for  mules,  horses  and  ponies ;  the 
construction  of  a  poultry  building;  the  construction  of  a  dairy  building; 
the  construction  of  carriage  sheds ;  the  construction  of  a  main  fence  around  the 
grounds ;  the  purchase  of  decomposed  granite  for  roads ;  the  grading  of  roads ; 
the  grading  and  filling  around  barns;  the  installation  of  a  water  system  and 
piping  the  grounds;  the  construction  of  a  steel  tower  and  of  a  barrel  tank;  the 
installation  of  a  sewerage  system;  the  construction  of  an  implement  exhibit 
building;  painting  such  structures;  necessary  fees  of  architects  and  superin- 
tendents, foremen  and  workmen  and  for  the  payment  of  all  other  expenses 
appurtenant  to  the  carrying  out  of  this  act.  The  state  controller  is  hereby 
ordered  and  directed  to  draw  the  necessary  warrant  or  warrants  therefor,  and 
the  state  treasurer  is  hereby  directed  to  pay  the  same.  Provided  that,  if  the 
appropriation  made  by  this  act  shall  be  insufficient  to  provide  for  the  erection 
and  construction  of  all  the  buildings  hereinbefore  enumerated,  the  board  of 


lOa  STATE    AGRICULTURAL.     SOCIETY — IMPROVEMENTS. 

directors  of  the  said  California  State  Agricultural  Society,  in  their  discretion^ 
may  erect  and  construct  such  buildings  named  herein  as  in  their  discretion  can 
be  erected  and  constructed  by  the  appropriations  provided  for  by  this  act. 

§  2.  No  contract  for  lumber,  iron,  machinery  or  material  to  be  used  for  the 
purposes  mentioned  in  section  one  of  this  act  shall  be  entered  into  by  the  Cali- 
fornia State  Agricultural  Society  until  publication  shall  be  made  in  at  least 
three  daily  newspapers,  two  of  said  newspapers  to  be  published  in  the  city  and 
county  of  San  Francisco,  and  one  in  the  city  of  Sacramento,  for  at  least  twenty 
days  prior  thereto,  inviting  bids  for  the  supplying  of  such  material.  Such  bids 
may  be  in  the  form  of  sealed  proposals,  shall  be  opened  at  a  meeting  of  the 
directors  of  such  society,  and  the  contract  shall  be  awarded  to  the  lowest 
responsible  bidder  for  supplying  of  such  material. 

§  3.  All  bids  for  material  and  for  the  construction  and  equipment  of  said 
works  shall  be  audited  by  the  said  board  of  directors  of  the  California  State 
Agricultural  Society  and  approved  by  the  state  board  of  examiners  before 
being  paid, 

§  4.  All  plans,  descriptions,  bills  of  material,  specifications  and  estimates 
necessary,  requisite,  proper  or  convenient  for  any  of  the  purposes  aforesaid, 
shall  receive  the  sanction  of  a  majority  of  the  directors  of  the  California  State 
Agricultural  Society  and  of  the  state  board  of  examiners.  The  directors  of  the 
California  State  Agricultural  Society  shall  cause  an  entry  to  be  made  in  their 
minutes  that  such  plans,  descriptions,  bills  of  material,  specifications  and  esti- 
mates have  been  approved.  It  shall  not  be  necessary  to  obtain  the  approval 
or  sanction  of  any  other  board,  officer  or  person  to  said  plans. 

§  5.  In  addition  to  the  appropriation  made  by  this  act,  the  board  of  direc- 
tors of  the  said  California  State  Agricultural  Society  are  hereby  authorized, 
and  empowered  to  use,  for  the  purpose  of  improving  the  said  fair  grounds,  any 
moneys  now  in  the  state  treasury  of  the  state  of  California  consisting  of  the 
residue  remaining  after  the  sale  by  the  California  State  Agricultural  Society 
of  its  redLestate,  or  any  portion  thereof,  conformably  to  the  terms  and  pro- 
visions of  an  act  entitled  "An  act  to  authorize  state  agricultural  societies  under 
the  control  of  the  state,  to  sell  property  held  by  them  in  fee,  or  held  by  trustees 
for  their  use,  or  in  which  they  may  have  any  interest,  to  prescribe  a  course  of 
procedure  therefor,  to  indemnify  purchasers  at  such  sale,  and  to  direct  how  the 
proceeds  shall  be  applied,"  approved  February  twenty-fifth,  eighteen  hundred 
and  ninety-seven,  and  any  other  act  amendatory  thereof  or  supplemental 
thereto,  and  paid  into  said  state  treasury  pursuant  to  the  terms  of  said  act  or 
acts.  The  said  residue  shall  be  paid  to  the  directors  of  the  California  State 
Agricultural  Society  in  the  same  manner  as  in  section  one  of  this  act  provided, 
and  the  state  controller  is  hereby  ordered  and  directed  to  draw  the  necessary 
warrants  therefor,  and  the  state  treasurer  is  herebj^  directed  to  pay  the  same. 

§  6.  The  board  of  directors,  officers  and  employees  of  the  California  State 
Agricultural  Society  are  hereby  prohibited  from  permitting  any  person  or  per- 
sons, or  any  corporation,  within  the  grounds  or  premises  owned  by  or  under 
the  control  of  the  said  California  State  Agricultural  Society,  to  sell,  or  offer 
for  sale,  buy,  or  offer  to  buy,  issue,  or  offer  to  issue,  or  in  any  manner  dispose 
of,  purchase,  or  acquire  any  interest  in  any  pool,  or  in  any  pool  ticket,  certifi- 


STATE    AGRICULTURAL    SOCIETY — APPROPRIATION.  103 

cate,  writing,  or  other  evidence  of  payment,  acceptance  or  deposit  of  money,  or 
other  thing  of  value,  staked  upon  the  result  of  any  running,  pacing  or  trotting 
race  or  contest  between  horses,  mares  or  geldings,  or  to  make  any  bet  or  hazard 
on  the  result  of  such  race  or  contest,  or  to  act  as  a  stakeholder  of  any  bet  or 
hazard  laid  on  the  result  of  any  such  race  or  contest,  or  to  receive  or  pay  over 
any  money  or  article  or  thing  of  value,  the  ownership  or  right  to  possession  of 
which  has  been,  is,  or  is  to  be  determined  by  any  such  race  or  contest,  or  to 
permit  any  gambling  or  gaming  prohibited  by  section  three  hundred  and  thirty 
of  the  Penal  Code  of  the  state  of  California.  And  every  person,  officer  and 
employee  of  said  board  of  directors  of  the  California  State  Agricultural  Society 
permitting  any  of  the  acts  herein  prohibited,  and  every  person  who  shall,  within 
the  confines  of  the  land  and  premises  of  the  said  California  State  Agricultural 
Society,  sell,  or  offer  to  sell,  buy,  or  offer  to  buy,  issue,  or  offer  to  issue,  or  in 
any  manner  dispose  of,  purchase  or  acquire  any  interest  in  any  pool,  or  in  any 
pool  ticket,  certificate,  writing,  or  other  evidence  of  payment,  acceptance  or 
deposit  of  money,  or  other  thing  of  value,  staked  upon  the  result  of  any  run- 
ning, pacing  or  trotting  race  or  contest  between  horses,  mares  or  geldings,  or  to 
make  any  bet  or  hazard  on  the  result  of  such  race  or  contest,  or  to  act  as  a 
stakeholder  of  any  bet  or  hazard  laid  on  the  result  of  any  such  race  or  contest, 
or  receive  or  pay  over  any  money  or  article  or  thing  of  value,  the  ownership  or 
right  to  possession  of  which  has  been,  is,  or  is  to  be  determined  by  any  such 
race  or  contest,  or  to  permit  any  gambling  or  gaming  prohibited  by  section 
three  hundred  and  thirty  of  the  Penal  Code  of  the  state  of  California,  is  guilty 
of  a  misdemeanor  and  shall  be  punishable  by  a  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months. 

§  7.  Of  the  sum  of  money  appropriated  by  section  one  of  this  act,  the  sum 
of  sixty  thousand  dollars  shall  not  be  payable  to  the  said  directors  of  the  Cali- 
fornia State  Agricultural  Society,  and  the  appropriation  therefor  shall  not  be 
available  until,  the  first  day  of  July,  nineteen  hundred  and  five. 

§  8.     All  acts  and  parts  of  acts,  in  conflict  with  this  act,  are  hereby  repealed. 

§  9.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

As  agrenoy  of  state,  see  17  L.   R.   A.    383.  CONTRIBUTIOIV    TO — Public    character. — 

As  private  corporation,  see  12  L.  R.  A.  664.        See  note  to  preceding-  title. 

CALIFORNIA  STATE  AGRICULTURAL  SOCIETY. 

Making  an  appropriation  to  the  board  of  directors  of  the  California  State 
Agricultural  Society  for  the  purpose  of  paying  certain  indebtedness, 
claims  and  demands  against  the  said  society. 

(Stftts.  1905,  198,  eh.  CCIX.) 

§  1.  The  sum  of  twenty-five  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury, 
not  otherwise  appropriated,  to  be  paid  by  the  state  of  California  to  the  board 
of  directors  of  the  California  State  Agricultural  Society,  for  the  purpose  of 
paying  and  discharging  the  indebtedness,  claims  and  demands  that  have 
accrued  against  the  said  society. 

§  2.     All  claims  shall  first  be  approved  by  the  board  of  directors  of  the  said 


104  VOLUNTEERS — PLEDGING    CANDIDATES. 

California  State  Agricultural  Society  and  by  the  state  board  of  examiners 
before  being  paid. 

§  3.  No  moneys  shall  be  paid  out,  pursuant  to  the  terms  of  this  act,  until 
the  said  board  of  directors  of  the  California  State  Agricultural  Society  shall 
make,  execute  and  deliver  to  the  state  of  California  a  deed  conveying  all  its 
right,  title  and  interest  in  and  to  all  the  real  estate  owned  by  said  society, 
or  in  which  it  claims  any  right,  title  or  interest.  The  said  deed  shall  be  de- 
posited Avith  the  secretary  of  state.  If,  before  the  passage  of  this  act,  the  said 
California  State  Agricultural  Society  shall  have  made  such  deed,  the  same 
shall  be  considered  a  compliance  with  this  condition. 

§  4.  The  state  controller  is  hereby  directed  to  draw  his  warrant  for  the  sum 
herein  appropriated,  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

§  5.  The  appropriation  made  by  this  act  shall  be  in  addition  to  any  appro- 
priation heretofore  made  for  a  like  purpose. 

§  6.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first  day 
of  July,  nineteen  hundred  and  five. 

See  notes  to  two  preceding-  titles. 

CALIFORNIA  VOLUNTEERS. 

To  provide  for  the  revision  of  the  records  of  the  California  Volunteers,  to 
authorize  the  adjutant-general  to  employ  additional  clerk,  or  clerks,  for 
that  purpose,  and  to  authorize  the  superintendent  of  state  printing  to 
print,  bind,  and  issue  the  same. 

(Stats.  1889,  228,  ch.  CXCIX.) 

§  1.  The  adjutant-general  is  hereby  authorized  to  have  the  records  of  the 
California  Volunteers  revised  and  rewritten,  and  he  is  hereby  empowered  and 
authorized  to  employ  an  additional  clerk,  or  clerks,  for  that  and  other  work 
connected  therewith,  for  a  term  not  exceeding  two  years,  at  monthly  salaries 
of  one  hundred  and  fifty  dollars. 

§  2.  Upon  the  requisition  of  the  adjutant-general  the  superintendent  of 
state  printing  shall  print,  bind,  and  deliver  to  him  ten  thousand  copies  of  the 
record  of  California  Volunteers,  as  provided  for  in  section  one  of  this  act,, 
bound  in  cloth. 

§  3.  The  above-mentioned  copies  of  the  records  of  California  Volunteers 
shall  be  distributed  by  the  adjutant-general  to  state  officers,  adjutant-generals 
of  other  states,  and  upon  application  of  living  members  of  California  Volun- 
teers, or  their  heirs  if  deceased,  one  copy  to  each. 

§  4.  This  act  shall  take  effect  from  and  after  the  commencement  of  the 
forty-first  fiscal  year. 

CANDIDATES  FOR  OFFICE— PLEDGING. 

(Stats.  1897,  53,  ch.  LIX.) 

This?  statute  has  been  carried  into  the  Penal  Code  by  Stats.  1905,  643.  §  55a.— See  KERR'S 
CYC.  PEN.  CODE  5  55a;   and  tit.   Elections— Pnrlty  of,  post. 

An   to  effect  of  vlolntlnK  pleflgre  to  convention,  see   42  L.   R.   A.    222. 


RURAL  c£:9ie:te:ri£:s.  105 

CEMETERIES. 

To  provide  the  manner  of  execution  of  deeds  by  cemetery  corporations. 

(Stats.  1895,  75,  ch.  LXXXI.) 

§  1.  All  deeds  or  conveyances  executed  by  cemetery  associations  or  incor- 
porations within  this  state,  shall  be  executed  in  the  name  of  the  corporation  or 
association,  under  the  seal  thereof,  by  the  president,  or  vice-president,  and 
secretary  thereof. 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  this  statute,  in  so  far  as  they 
conflict  with  the  same,  are  hereby  repealed. 

§  3.     This  act  shall  take  efi:ect  and  be  in  force  from  and  after  its  passage, 

CEMETERIES— RURAL. 

To  authorize  the  incorporation  of  rural  cemetery  associations. 

(Stats.  1859,  281,  ch.  CCLXVII;  amended,  1863-4,  12,  ch.  XIII;  §13  added 
1891,  264,  ch.  CLXXXIV;  supplemented  "Cremation,"  1899,  36,  ch.  XL.) 

§  1.  Any  number  of  persons  residing  in  this  state,  not  less  than  seven,  who 
shall  desire  to  form  an  association  for  the  purpose  of  procuring  and  holding 
lands,  to  be  used  exclusively  for  a  cemetery  or  place  for  the  burial  of  the  dead, 
may  meet  at  such  time  and  place,  as  they,  or  a  majority  of  them  may  agree, 
and  appoint  a  chairman,  or  secretary,  by  a  vote  of  the  majority  of  the  persons 
present  at  the  meeting,  and  proceed  to  form  an  association,  by  determining  on 
a  corporate  name,  by  which  the  association  shall  be  called  and  known,  by 
determining  on  the  number  of  trustees,  to  manage  the  concerns  of  the  associa-', 
tion,  which  number  shall  not  be  less  than  six,  nor  more  than  twelve,  and  there-' 
upon  may  proceed  to  elect,  by  ballot,  the  number  of  trustees,  so  determined  on, 
and  the  chairman  and  secretary  shall,  immediately  after  such  election,  divide 
the  trustees,  by  lot,  into  three  classes ;  those  in  the  first  class  to  hold  their  office' 
one  year;  those  in  the  second  class,  two  years;  and  those  in  the  third  class,' 
three  years;  but  the  trustees  of  each  class  may  be  re-elected,  if  they  shall 
possess  the  qualifications  hereinafter  mentioned.  The  meeting  shall  also  deter- 
mine on  what  day,  in  each  year,  the  future  annual  elections  of  trustees  shall 
be  held. 

§  2.  The  chairman  and  secretary  of  the  meeting  shall  within  three  days 
after  such  meeting,  make  a  written  certificate,  and  sign  their  names  thereto, 
and  acknowledge  the  same  before  an  oificer  authorized  to  take  proof  and 
acknowledgment  of  conveyances,  in  the  county  where  such  meeting  shall  have 
been  held,  which  certificate  shall  state  the  names  of  the  associates  determined 
upon  by  the  majority  of  the  persons  who  met ;  the  number  of  trustees  fixed  on 
to  manage  the  concerns  of  the  association ;  the  names  of  the  trustees  chosen  at 
the  meeting,  and  their  classification,  and  the  day  fixed  on  for  the  annual  elec- 
tion of  trustees ;  which  certificate  it  shall  be  the  duty  of  the  chairman  and 
secretary  of  such  meeting  to  cause  to  be  filed  and  recorded  in  the  office  of  the 
county  clerk  of  the  county  in  which  the  cemetery  grounds  are  situated,  in  a 
book  to  be  appropriated  to  the  recording  of  certificates  of  incorporation. 

§  3.    Upon  such  certificate,  duly  acknowledged  and  filed  as  aforesaid,  being 


10^  RURAL.    CEMETERIES — POWERS. 

recorded,  the  association  mentioned  therein  shall  be  deemed  legally  incor- 
porated, and  shall  be  a  body  politic  and  corporate,  in  fact  and  in  name,  by  the 
name  stated  in  the  certificate,  and  by  their  corporate  name,  have  succession  and 
power : 

fTirst — To  sue  and  be  sued  in  any  court. 

Second — To  make  and  use  a  common  seal,  and  alter  the  same  at  pleasure. 

Third — To  purchase,  hold,  sell,  and  convey,  such  real  and  personal  estate  as 
the  purposes  of  the  incorporation  shall  require. 

Fourth — To  appoint  such  officers,  agents,  and  servants,  as  the  business  of  the 
corporation  shall  require,  to  define  their  powers,  prescribe  their  duties,  and  fix 
their  compensation. 

Fifth — To  require  of  them  such  security  as  may  be  thought  proper  for  the 
fulfilment  of  their  duties,  and  to  remove  them  at  will,  except  that  no  trustee 
shall  be  removed  from  office  unless  by  a  vote  of  two  thirds  of  the  whole  number 
of  trustees,  or  by  a  vote  of  a  majority  of  the  trustees,  on  a  written  request, 
signed  by  one  half  of  the  lot  owners. 

Sixth — To  make  by-laws  not  inconsistent  with  the  laws  of  this  state,  for  the 
organization  of  the  company,  the  management  of  the  property,  regulation  of 
its  affairs,  and  for  carrying  on  all  kinds  of  business  within  the  object  and  pur- 
poses of  the  company.  The  affairs  and  property  of  such  associations  shall  be 
managed  by  the  trustees,  who  shall  annually  appoint,  from  among  their  num- 
ber, a  president  and  vice-president,  and  shall  also  appoint  a  secretary  and 
treasurer,  who  shall  hold  their  places  during  the  pleasure  of  the  board  of  trus- 
tees, and  the  trustees  may  require  the  treasurer  to  give  security  for  the  faith- 
ful performance  of  the  duties  of  his  office. 

§  4.  Any  association  incorporated  under  this  act,  may  take,  by  purchase  or 
devise,  and  hold,  within  the  county  in  which  the  certificate  of  their  incorpora- 
tion is  recorded,  not  exceeding  three  hundred  and  twenty  acres  of  land,  to  be 
held  and  occupied  exclusively  for  a  cemetery  for  the  burial  of  the  dead.  Such 
land,  or  such  parts  thereof  as  may  from  time  to  time  be  required  for  that  pur- 
pose, shall  be  surveyed  and  subdivided  into  lots  or  plats  of  such  size  as  the 
trustees  may  direct,  with  such  avenues,  paths,  alleys,  and  walks,  as  the  trustees 
deem  proper ;  and  a  map  or  maps  of  such  surveys  shall  be  filed  in  the  office  of 
the  county  recorder  of  the  county  in  which  the  land  shall  be  situated.  And 
after  filing  such  map,  the  trustees  may  sell  and  convey  the  lots  or  plats  desig- 
nated upon  such  map,  upon  such  terms  as  shall  be  agreed  upon,  and  subject  to 
such  conditions  and  restrictions,  to  be  inserted  in  or  annexed  to  the  convey- 
ances, as  the  trustees  shall  prescribe.  The  conveyances  to  be  executed  under 
the  common  seal  of  the  association,  and  signed  by  the  president  or  vice-presi- 
dent, and  the  treasurer  of  the  association.  Any  association  incorporated  under 
this  act  may  hold  personal  property  to  an  amount  not  exceeding  five  thousand 
dollars,  besides  what  may  arise  from  the  sale  of  lots  or  plats. 

§  5.  The  annual  election  of  trustees,  to  supply  the  place  of  those  whose  term 
of  office  expires,  shall  be  holden  on  the  day  mentioned  in  the  certificate  of 
incorporation,  and  at  such  hour  and  place  as  the  trustees  shall  direct :  at  which 
election  shall  be  chosen  such  number  of  trustees  as  will  supply  the  places  of 
those  whose  term  expires.  The  trustees  chosen  at  any  election  subsequent  to 
t>ie  first,  shall  hold  their  places  for  three  years,  and  until  others  shall  be  chosen 


RURAL    CE3IETERIES— TRUSTEES,    ETC.  IW 

to  succeed  them.  The  election  shall  be  by  ballot,  and  every  person  of  full  age, 
who  shall  be  the  proprietor  of  a  lot  or  plat  in  the  cemetery  of  the  association, 
containing  not  less  than  two  hundred  square  feet  of  land,  or  if  there  be  more 
than  one  proprietor  of  any  such  lot  or  plat,  then  such  one  of  the  proprietors  as 
the  majority  of  joint  proprietors  shall  designate  to  represent  such  lot  or  plat, 
may,  either  in  person  or  by  proxy,  give  one  vote  for  each  plat,  or  lot,  of  the 
•dimensions  aforesaid ;  and  the  persons  receiving  a  majority  of  all  the  votes 
given  at  such  election,  shall  be  trustees,  to  succeed  those  whose  term  of  office 
expires.  But  in  all  elections  after  the  first,  the  trustees  shall  be  chosen  from 
among  the  proprietors  of  lots,  or  plats,  and  the  trustees  shall  have  power  to 
fill  any  vacancy  in  their  number  occurring  during  the  period  for  which  they 
hold  their  office.  Public  notice  of  the  annual  elections  shall  be  given  in  such 
manner  as  the  by-laws  of  the  corporation  shall  prescribe. 

§  6.  The  trustees,  at  each  annual  election,  shall  make  reports  to  the  lot 
proprietors  of  their  doings,  and  of  the  management  and  condition  of  the  prop- 
erty and  concerns  of  the  association.  If  the  annual  election  shall  not  be  held 
on  the  day  fixed  in  the  certificate  of  incorporation,  the  trustees  shall  have 
power  to  appoint  another  day,  not  more  than  sixty  days  thereafter,  and  shall 
give  public  notice  of  the  time  and  place  at  which  time  the  election  shall  be 
held,  with  like  effect  as  if  holden  on  the  day  fixed  on  in  the  certificate. 

The  office  of  the  trustees  chosen  at  such  time,  to  expire  at  the  same  time  as 
if  they  had  been  chosen  at  the  day  fixed  by  the  certificate  of  incorporation. 

§  7.  After  its  formation  in  the  manner  provided  in  the  preceding  section, 
the  corporation  shall  proceed  to  purchase  suitable  grounds  for  the  proposed 
cemetery,  and  to  the  vendor  thereof  they  are  authorized  to  issue  the  bonds  of 
the  corporation  for  the  amount  of  the  purchase  money,  bearing  interest  not 
exceeding  the  rate  of  twelve  per  centum  per  annum,  but  payable  out  of  sixty 
per  centum  of  the  proceeds  of  the  cemetery,  as  the  same  shall  be  realized,  and 
not  otherwise.  Sixty  per  centum  at  least  of  the  proceeds  of  all  sales  of  lots, 
plats,  or  graves,  shall  be  first  appropriated  to  the  payment  of  the  said  bonds 
and  interest  aforesaid,  payable  at  least  once  in  three  months  to  the  bondhold- 
ers, until  all  are  paid,  and  the  residue  thereof  to  be  used  in  preserving,  improv- 
ing, and  embellishing  the  said  cemetery  grounds  and  the  avenues  or  roads 
leading  thereto,  and  to  defraying  the  incidental  expenses  of  the  cemetery  estab- 
lishment, and  after  payment  of  the  purchase  money  and  interest  aforesaid,  and 
all  debts  contracted  therefor,  and  for  surveying  and  laying  out  the  land,  the 
proceeds  of  all  future  sales  shall  be  appropriated  to  the  improvement,  embel- 
lishment, and  preservation  of  such  cemetery,  and  for  incidental  expenses,  and 
to  no  other  purpose  or  object ;  provided,  that  any  association  incorporated 
under  this  act  by  the  members  of  the  Order  of  Free  and  Accepted  Masons,  the 
Independent  Order  of  Odd  Fellows,  or  by  the  members  of  any  other  benevolent 
or  charitable  society  in  the  city  and  county  of  San  Francisco,  may  apply  the 
surplus  or  net  income  of  such  cemetery  association  to  the  board  of  relief  or 
other  committee  established  by  such  order  or  society  for  the  purposes  of 
charity.     [Amendment,  Stats.  1863-4,  12.] 

§  8.  Any  person  who  shall  wilfully  destroy,  mutilate,  deface,  injure,  or 
remove,  any  tomb,  monument,  gravestone,  building,  or  other  structure,  placed 


108  RURAL.   CEMETERIES — LANDS    A>D    PROPERTY. 

in  any  cemetery  of  any  association  incorporated  under  this  act,  or  any  fence^ 
railing,  or  other  work,  for  the  protection  or  ornament  thereof,  or  of  any  tomb^ 
monument,  or  gravestone,  or  other  structure  aforesaid,  or  of  any  plat  or  lot 
within  such  cemetery,  or  shall  wilfully  destroy,  cut,  break,  or  injure,  any  tree, 
shrub,  or  plant,  within  the  limits  of  such  cemetery,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  such  offender  shall  also  be  liable  in  an  action  of  trespass,  to 
be  brought,  in  all  such  cases,  in  the  name  of  such  association,  to  pay  all  such 
damages  as  shall  have  been  occasioned  by  his  unlawful  act,  or  acts.  Such 
money,  when  recovered,  shall  be  applied,  by  the  trustees,  to  the  reparation,  or 
restoration  of  the  property  so  destroyed,  or  injured. 

§  9.  Any  association  incorporated  pursuant  to  this  act,  may  take  and  hold 
any  property,  real  or  personal,  bequeathed,  or  given  upon  trust,  to  apply  the 
income  thereof,  under  the  direction  of  the  trustees  of  such  association,  for  the 
improvement  or  embellishment  of  such  cemetery,  or  the  erection  or  preservation 
of  any  building,  structure,  fences,  or  walks,  erected,  or  to  be  erected,  upon 
the  lands  of  such  cemetery  association,  or  upon  the  lots,  or  plats,  of  any  of  the 
proprietors ;  or  for  the  repair,  preservation,  erection,  or  removal  of  any  tomb, 
monument,  gravestone,  fence,  railing,  or  other  erection,  on  or  around  any 
cemetery,  lot,  or  plat,  or  for  planting,  or  cultivating  trees,  shrubs,  flowers,  or 
plants,  in  or  around  any  such  lot,  or  plat,  or  for  improving  or  embellishing 
such  cemetery,  or  any  of  the  lots,  or  plats,  in  any  other  manner  or  form,  con- 
sistent with  the  design  and  purposes  of  the  association,  according  to  the  terms 
of  such  grant,  devise,  or  bequest. 

§  10.  The  cemetery  lands  and  property  of  any  association,  formed  pursuant 
to  this  act,  shall  be  exempt  from  all  public  taxes,  rates,  and  assessments,  and 
shall  not  be  liable  to  be  sold  on  execution,  or  be  applied  in  payment  of  debts 
due  from  any  individual  proprietors.  But  the  proprietors  of  lots,  or  plats,  in 
such  cemeteries,  their  heirs,  or  devisees,  may  hold  the  same  exempt  therefrom, 
so  long  as  the  same  shall  remain  dedicated  to  the  purpose  of  a  cemetery;  and, 
during  that  time,  no  street,  road,  avenue,  or  thoroughfare,  shall  be  laid  through 
such  cemetery,  or  any  part  of  the  lands  held  by  such  association,  for  the  pur- 
poses aforesaid,  without  the  consent  of  the  trustees  of  such  association,  except 
by  special  permission  of  the  legislature  of  the  state. 

§  11.  Whenever  the  said  lands  shall  be  laid  off  into  lots,  or  plats,  and  such 
lots,  or  plats,  or  any  of  them,  shall  be  transferred  to  individual  holders,  and 
after  there  shall  have  been  an  interment  in  a  lot,  or  plat,  so  transferred,  such 
lot,  or  plat,  from  the  time  of  such  interment,  shall  be  forever  thereafter  in- 
alienable, and  shall  upon  the  death  of  the  holder  or  proprietor,  thereof,  descend 
to  the  heirs  at  law  of  such  holder,  proprietor,  and  to  their  heirs  at  law  forever ; 
provided,  nevertheless,  that  any  one  or  more  of  such  heirs  at  law  may  release, 
to  any  other  of  the  said  heirs  at  law,  his,  her,  or  their,  interest  jn  the  same,  on 
such  conditions  as  shall  be  agreed  on  and  specified  in  such  release,  Avhich 
release  shall  be  recorded  with  the  county  recorder  of  the  county  within  which 
the  said  cemetery  shall  be  situated ;  and,  provided  further,  that  the  body  of  any 
deceased  person  shall  not  be  interred  in  such  lot,  or  plat,  unless  it  be  the  body 
of  a  person  having,  at  the  time  of  such  decease,  an  interest  in  such  lot,  or  plat, 
or  the  relative  of  some  person  having  such  interest,  or  the  wife  of  such  person, 


CEMETERIES — CREMATION.  109 

or  her  relative,  except  by  the  consent  of  all  persons  having  an  interest  in  such 
lot,  or  plat. 

§  12.  In  case  the  grounds  purchased  for  cemetery  purposes,  in  accordance 
with  section  seven  of  this  act,  shall  have  been  Used  as  a  cemetery  previous  to 
such  purchase,  then  those  who  are  lot  owners,  at  the  time  of  the  purchase,  shall 
have,  and  be  entitled  to,  all  the  privileges  they  would  be  entitled  to  by  pur- 
chase from  a  corporation  formed  as  aforesaid. 

§  13.  Whenever  all  the  bodies  buried  in  any  lot  or  plot,  in  this  act  referred 
to,  shall  have  been  removed  therefrom,  with  the  consent  of  a  majority  of  the 
board  of  directors  of  the  corporation  owning  said  cemetery,  it  shall  be  lawful 
for  the  owners  of  said  lot  or  plot,  with  the  consent  of  a  majority  of  said  direc- 
tors, to  transfer  the  same  by  deed.     [New  section  added,  Stats.  1891,  264.] 

See  next  two  succeeding  statutes;  also  Health— Public;  State  Board  of  Health; 
tits.      Bnrlal      and      Disinterment      Permits;        Municipal  Corporations — Cemeteries. 

CEMETERIES— CREMATION. 

Supplemental  to  an  act  entitled  "An  act  to  authorize  the  incorporation  of 
rural    cemetery     association,"     approved    April    twenty-eight,    eighteen 
hundred  and  fifty-nine,  authorizing  such  association  to  erectj  purchase, 
or  lease  buildings  and  furnaces  and  other  works  for  cremation  of  human 
bodies;  also  to  erect  or  lease  buildings  in  which  shall  be  entombed  only 
the  ashes  of  cremated  dead,  to  make  provision  for  the  care  of  the  burial 
places  and  ashes  of  the  dead;  also  to  provide  for  the  cremation  of  the 
unclaimed  dead  and  bodies  liable,  if  interred,  to  spread  disease. 
(Stats.  1899,  36,  eh.  XL.) 
§  1.     Associations  incorporated  under  the  act  of  which  this  act  is  supple- 
mentary, shall,  in  addition  to  the  powers  granted  by  said  act,  have  authority 
to  purchase,  lease,  or  erect  buildings  and  appliances  to  be  used  exclusively  for 
the  purpose  of  cremating  human  bodies,  and  they  may  purchase,  or  lease,  and 
hold  land  necessary  for  cremation  purposes,   or  for  the  erection  of  colum- 
bariums  for  the  entombing  of  the  ashes  of  the  cremated,  when  inclosed  in 
metal  or  stone  or  cement  vessels,  and  not  otherwise ;  but  no  uncremated  body 
shall  be  interred  or  placed  for  any  time  whatever  inside  of  the  walls,  or  in 
the  walls,  of  a  place  where  the  ashes  of  the  cremated  are  deposited. 

§  2.  Such  associations  shall  invest  their  funds  and  use  the  proceeds  thereof, 
after  current  expenses  are  paid,  for  the  perpetual  care  of  grounds,  lots, 
buildings,  and  niches,  according  to  contracts  made  and  to  be  made  with  pa- 
trons, and  in  conducting  its  business  such  association  shall  have  the  same 
powers  granted  by  law  to  corporations  in  general ;  provided,  they  shall  have 
no  authority  to  contract  any  pecuniary  obligation  whatever,  nor  shall  they 
have  power  to  levy  or  collect  assessments. 

§  3.  In  case  of  epidemics  or  the  prevalence  of  contagious  diseases,  or  other- 
wise, the  proper  authorities  of  any  county,  city  and  county,  city,  or  town,  may 
order  the  unclaimed  or  unknown  dead,  and  the  dead  who  die  in  public  insti- 
tutions under  the  control  of  any  county,  city  and  county,  city,  or  town,  and  the 
dead  commonly  buried  at  public  expense,  cremated,  and  their  ashes  immured 
or  otherwise  preserved  in  receptacles  in  columbariums,  or  interred  in  burial 
places;  and  human  bodies,   and  parts  of  bodies,  used  in  medical  or  other 


110  DISINTERMENT — CHA3IBERS    OF    COMMERCE. 

schools  (except  specimens  to  be  preserved)  shall  not  be  cast  into  the  waters  of 
the  state,  nor  on  the  ground,  nor  in  receptacles  for  refuse  matter,  nor  in 
vaults,  nor  in  sewers,  but  shall  either  be  buried  as  deep  in  the  ground  as  is 
by  law  required  for  dead  bodies,  or  cremated,  as  in  this  act  provided.  But  the 
remains  of  a  person  shall  not  be  cremated  by  compulsion,  under  the  provisions 
of  this  section,  if  he  or  his  family,  or  any  member  thereof,  or  his  church  or 
spiritual  adviser  objects, 

§  4,     A  violation  of  any  of  the  provisions  of  this  act  is  a  misdemeanor, 
§  5.     This  act  shall  be  in  force  from  the  day  of  its  passage. 

See  tits.   Cemeteries;   Burial  and  Disinter-  CREMATORY      Fl'RlVACE  —  Contract      of 

meut     Permits;    Health — Public;      Municipal  villag^e    for. — See    18    L.    R.    A.    45. 

Corporations;   and   see  note   under   next   fol-  Same — Requisites   to   letting:   contract   for. 

lowing  statute.  — See  47  L.  R.  A.   G85. 

As    to    liability    for    cremated    portion    of  Formation    of   corporations. — See    KERR'S 

servant's  body,  see  45  L.   R.   A.   535.  CYC.  CIVIL,   CODE   §§  290,   296   and  notes. 

CEMETERIES— DISINTERMENT. 

Providing  for  the  removal  of  human  remains  from  cemeteries  in  cities  having 
a  population  of  more  than  five  thousand  [fifteen  hundred]  and  not  exceed- 
ing one  hundred  thousand. 

(Stats.  1893,  234,  ch.  CXC;  amended  1895,  157,  ch.  CL.) 

§  1.  The  city  council  of  any  city  in  this  state  having  a  population  of  more 
'than  fifteen  hundred  and  not  exceeding  one  hundred  thousand,  may,  by  ordi- 
Inance  duly  passed,  and  under  such  lawful  rules  and  regulations  which  it  may 
ladopt,  provide  for  the  exhuming,  taking  up,  and  removal  from  cemeteries 
within  the  boundary  lines  of  such  city,  or  from  cemeteries  owned  and  con- 
trolled by  such  city  that  may  have  been  located  without  its  boundaries  (and 
in  which  such  cemeteries  no  interments  of  human  remains  have  been  made  for 
a  period  of  not  less  than  two  years),  of  all  the  human  remains  interred  in  such 
cemeteries.     [Amendment,  1895,  157.] 

The    constitutionality     of     the     foregoing  Also  see  Stats.  1905,  115,  ch.  CXIX,  herein, 

statute    may    be     considered     In     connection  under   tit.  Burial  and  Disinterment  Permits, 

with:    Darcey   vs.    Mayor    etc.,    104    Cal.    642,  designed     for     the     procurement     of     "vital 

o8  Pac.  Rep.  500;  Marsh  vs.  Supervisors  etc.,  staiistics,"     apparently,     rather     than    as    a 

111  Cal.  368,  370,  43  Pac.  Rep.   975;  Ex  parte  mere  cemetery  or  "health"  regulation. 

Giambonini,   117   Cal.    573,    574,    49   Pac.    Rep.  See  also  tit.  Municipal  Corporations — Cem- 

732;      KERR'S      CYC.     PEN.     CODE,      §   290;  eteries. 

KERR'S    CYC.    POL.    CODE,    §3027;    People  Under  tit.  Health — Public,  post,  see  Stata. 

vs.  Dalton,  58  Cal.  226.  1877-8,    1050,    ch.    DCLXXIII,    amended    1889, 

Ab    to    municipal    control,    dedication    to  139,    ch.    CL,    prohibiting     the     removal    or 

cemetery    or    other    purposes,    or    enforcing  human     remains     from     any     grave,     vault, 

removal    of    bodies,    see    San    Francisco    vs.  etc.,  or  transporting  the   same  through   any 

Canavan,    42    Cal.    541,   554;   Weisenberg   vs.  street,    etc.,    without    a   permit. — People    vs. 

Truman,   58  Cal.   63.  Dalton,  58  Cal.  226. 

CEREAL  CROPS. 

See  Agriculture, 

CHAMBERS  OF  COMMERCE. 

To  provide  for  the  formation  of   chambers   of  commerce,  boards   of  trade, 

mechanic  institutes,  and  other  kindred  associations. 
(Stats.  1865-6,  469,  ch.  CCCLXXXVI,  amended  1868,  5,  ch.  VI,  1885,  76,  ch.  C.) 

The    foregoing    has    been    carried    into    the    Civil  Code  by  Stats.  1905,  588,  ch.  CDXXXIII. 
See  KERR'S  CYC,  CIV.  CODE,  §§  591-592e. 


BOARD    OF   CHARITIES    AND    CORRECTIOKS.  Ill 

CHARITIES  AND  CORRECTIONS— STATE  BOARD  OF 

To  create  a  state  board  of  charities  and  corrections,  prescribing  its  duties  and 
powers,  and  appropriating  money  therefor. 

(Stats.  1903,  482,  ch.  CCCLXIII.) 

§  1.  A  state  board  of  charities  and  corrections  is  hereby  created  of  six 
members,  to  be  appointed  by  the  governor,  with  the  advice  and  consent  of  the 
senate,  not  more  than  three  of  whom  shall  be  of  the  same  political  party.  Such 
members  shall  hold  office  for  the  period  of  twelve  years  and  until  their  suc- 
cessors are  appointed  and  qualified;  provided,  that  the  members  of  the  first 
board  appointed  under  this  act  shall,  at  their  first  meeting,  so  classify  them- 
selves by  lot  that  two  of  them  shall  go  out  of  office  at  the  end  of  four  years,  two 
at  the  end  of  eight  years,  and  two  at  the  end  of  twelve  years,  and  an  entry  of 
such  classification  shall  be  made  in  the  minutes  of  said  board,  and  a  duplicate 
thereof  shall  be  filed  in  the  office  of  the  secretary  of  state.  Women  may  be 
appointed  members  of  said  board,  or  hold  any  position  in  the  appointment  of 
said  board.  No  person  shall  be  appointed  a  member,  or  continue  to  act  as 
such,  while  he  is  a  trustee,  manager,  director,  or  other  administrative  officer  of 
an  institution  subject  to  the  terms  of  this  act.  Appointments  to  fill  vacancies 
before  the  expiration  of  such  terms,  shall  be  made  for  the  residue  of  terms  in 
the  same  manner  as  original  appointments.  The  governor  shall  be  ex  officio  a 
member  of  said  board. 

§  2.  The  members  shall  act  without  compensation,  but  shall  be  allowed  their 
actual  necessary  expenses.  The  said  board  may  appoint  a  secretary,  who  shall 
receive  such  salary  as  may  be  determined  by  said  board,  not  to  exceed  twenty- 
four  hundred  ($2400)  dollars  per  annum.  All  the  expenses  of  said  board,  in- 
cluding the  salary  of  the  secretary,  shall  not  exceed  the  sum  of  six  thousand 
($6,000)  dollars  in  any  one  fiscal  year,  and  said  sum  of  six  thousand  ($6,000) 
dollars  is  hereby  appropriated  annually  therefor  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated.  The  secretary  of  said  board  shall  execute 
a  bond  in  the  sum  of  five  thousand  ($5,000)  dollars,  and  take  the  oath  of  office 
prescribed  by  the  Political  Code  for  the  executive  officers  of  this  state.  The 
board  shall  provide  itself  with  an  office  in  the  city  and  county  of  San  Francisco. 
Meetings  of  the  board  may  be  held  at  such  times  and  in  such  places  in  the  state 
of  California  as  said  board  may  deem  fit.  It  may  make  such  rules  and  orders 
for  the  regulation  of  its  ow^n  proceedings  as  it  may  deem  necessary,  and  may 
fix  the  number  of  members  necessary  to  constitute  a  quorum.  The  failure  of 
a  member  to  attend  three  consecutive  meetings  of  said  board  during  any 
calendar  year,  unless  excused  by  formal  vote  of  the  board,  may  be  construed  by 
the  governor  as  a  resignation  of  said  non-attending  member. 

§  3.  The  board  is  hereby  empowered  and  authorized,  and  it  shall  be  its 
duty  as  a  whole,  or  by  committee,  or  by  its  secretary,  to  investigate,  examine, 
and  make  reports  upon  the  charitable,  correctional,  and  penal  institutions  of 
the  state,  including  the  state  hospitals  for  the  insane,  of  the  counties,  cities  and 
counties,  cities  and  towns  of  the  state,  and  such  public  officers  as  are  in  any 
way  responsible  for  the  administration  of  public  funds  used  for  the  relief  or 
maintenance  of  the  poor  in  public  institr.tions  or  of  any  of  the  inmates  of  said 


lia  BOARD     OF    CHARITIES    AND    CORRECTIONS. 

institutions.  All  the  persons  or  officers  in  charge  of  or  connected  with  such  pub- 
lic institutions  or  with  the  administration  of  said  funds  are  hereby  required  to, 
furnish  to  the  board  or  its  committee  or  secretary  such  information  and  statistics 
as  they  may  request  or  require,  and  allow  said  board,  committee  or  secretary  free 
access  to  all  departments  of  such  institutions  and  to  all  of  their  records.  In 
order  to  secure  accuracy,  uniformity  and  completeness  in  such  statistics  and 
information,  the  board  may  prescribe  such  forms  of  report  and  records  by  the 
state  commission  in  lunacy  regarding  the  state  hospitals  for  the  insane  and  by 
such  other  officers,  boards  or  institutions  as  it  may  deem  necessary  and  also  such 
forms  of  registration  at  all  public  institutions  referred  to  in  this  section  as  it 
may  require.  The  state  commission  in  lunacy  on  behalf  of  the  institutions  under 
its  charge  and  the  officers  of  all  other  institutions,  and  all  officers,  in  any  way 
responsible  for  public  funds  'Used  for  the  relief  of  the  poor  or  the  maintenance 
of  any  inmates  of  said  public  institutions,  are  hereby  required  to  follow  such 
forms,  records  and  registration  so  prescribed;  provided,  that  the  intent  of  this 
law  is  that  so  far  as  possible,  the  board  shall  make  use  of  the  forms  of  report, 
record  and  registration  now  obtaining  in  the  state  commission  of  lunacy  and 
other  state  boards  and  institutions.  All  plans  of  new  buildings,  or  parts  of 
buildings  for  any  of  the  public  institutions  coming  under  the  provisions  of  this 
act,  or  any  additions  or  alterations  in  such  buildings,  shall,  before  their  adoption 
by  the  proper  officials,  be  submitted  to  the  board  for  suggestions  and  criticism. 

§  4.  The  board  shall  have  the  power  to  issue  compulsory  process  to  compel 
the  attendance  of  any  witness  before  said  board  or  any  member  thereof,  and  to 
require  the  production  of  such  books  or  papers  relating  to  any  public  institution 
mentioned  in  section  three  of  this  act  as  they  may  deem  necessary;  provided, 
that  no  witness  shall  be  required  to  attend  before  said  board  out  of  the  county 
in  which  he  resides.  Any  member  of  said  board  shall  have  power,  and  he  is 
hereby  authorized  to  administer  an  oath  to  any  and  all  witnesses  coming  before 
said  board,  or  any  member  thereof,  for  examination,  and  to  examine  such  wit- 
ness or  witnesses  in  reference  to  any  matter  relating  to  public  institutions  men- 
tioned in  section  three  of  this  act  appertaining  to  the  inquiry  before  the  board, 
or  said  member.  Disobedience  of  a  subpoena  issued  by  said  board,  or  refusal  to 
be  sworn,  or  to  answer,  shall  subject  such  person  disobeying  or  refusing  to  a 
forfeiture  of  one  hundred  dollars,  to  be  recovered  in  a  civil  action  brought  in  a 
court  of  competent  jurisdiction  by  said  board  in  its  name  as  plaintiff,  the  money 
recovered  to  be  appropriated  to  the  use  of  said  board. 

§  5.  No  provision  in  this  act  contained  shall  in  any  way  be  construed  as  pre- 
venting the  governor  of  this  state  from  making  a  plenary  investigation  in  refer- 
ence to  the  conduct  of  any  public  institutions  under  the  terms  of  any  act  of  the 
legislature  of  this  state.  Furthermore,  the  governor  may  at  any  time  order  an 
investigation  by  the  board,  or  by  a  committee  of  its  members,  of  the  manage- 
ment of  the  above-named  institutions,  or  any  thereof. 

§  6.  Three  months  prior  to  each  regular  session  of  the  legislature,  the  board 
shall  make  a  full  and  complete  report  to  the  governor  of  all  its  transactions  dur- 
ing the  preceding  two  years,  showing  fully  and  in  detail  all  expenses  incurred 
and  moneys  paid  out  by  it,  and  giving  a  list  of  all  officers  and  agents  employed, 
and  the  actual  condition  of  all  institutions  under  its  supervision,  with  such  sug- 


CHATTEL,  MORTGAGES — INTEREST.  113 

gestions  as  it  may  deem  necessary  and  pertinent,  and  with  recommendations  for 
legislative  and  executive  action. 

§  7.  The  provisions  of  this  act  shall  not  apply  to  the  Veterans'  Home  of  Cali- 
fornia, located  at  Yountville,  Napa  County,  nor  to  the  Woman's  Relief  Corps 
Home  at  Evergreen,  Santa  Clara  County. 

§  8.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  9.     This  act  shall  be  in  force  and  take  effect  from  and  after  its  passage. 

CHATTEL  MORTGAGES— INTEREST. 

Fixing  the  rates  of  interest  and  charges  on  loans  upon  chattel  mortgages  on 
certain  personal  property,  and  prescribing  penalties  for  the  violation  of 
the  act. 

(Stats.  1905,  422,  ch.  CCCLIV.) 

§  1.  It  shall  not  be  lawful  for  any  individual,  partnership,  association  or  cor- 
poration lending  money  upon  chattel  mortgages,  where  there  is  taken  for  such 
loan  any  security  upon  any  upholstery,  furniture  or  household  goods,  oil  paint- 
ings, pictures,  or  works  of  art,  pianos,  organs  or  sewing-machines,  iron  or  steel 
safes,  professional  libraries  or  olSce  furniture  or  fixtures,  instruments  of  sur- 
veyors, physicians  or  dentists,  printing  pres.ses  or  printing  material,  to  have 
or  charge  for  the  use  of  money  so  loaned  more  than  the  rate  of  one  and  one  half 
per  centum  per  month  interest  thereon,  and  that  no  additional  sum,  either  in 
the  way  of  bonus  or  otherwise,  shall  be  required  or  exacted  of  the  borrower  or 
borrowers;  and  further,  that  no  charge  for  examination  or  valuation  of  prop- 
erty offered,  insurance  of  same,  and  preparation,  execution  and  recording  of 
necessary  papers  shall  be  imposed,  except  as  follows:  For  examination  or 
valuation  of  property  offered  for  mortgage  and  preparation  of  papers  (both 
included),  no  greater  sum  than  five  ($5.00)  dollars  where  the  amount  loaned 
does  not  exceed  three  hundred  ($300.00)  dollars.  For  necessary  affidavits, 
recording  of  papers,  and  fire  insurance  premiums,  the  amounts  actually  to  be 
paid  for  same,  provided  that  the  foregoing  charges  may  be  deducted  from  the 
principal  of  the  loan  when  the  same  is  made ;  and  provided  further,  that  in  no 
case  shall  it  be  lawful  to  deduct  interest  in  advance,  nor  make  any  charge  for 
extension  of  loans,  nor  to  divide  or  split  up  loans  under  any  pretense  whatso- 
ever for  the  purpose  of  requiring  or  exacting  any  other  or  greater  charges  than 
prescribed  herein. 

§  2.  Any  individual  and  any  officer  of  any  association  or  corporation,  who 
shall  violate  any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  fined  one  hundred  dollars  for  the  first  offense,  and  a  like  fine  and 
imprisonment  in  the  county  jail  for  thirty  days  for  the  second  and  each  sub- 
sequent offense;  and  further,  the  mortgage  or  other  instrument  of  security 
given  for  any  loan  shall  become  null  and  void  as  to  the  interest  to  be  paid 
thereunder. 

See,   as   to   classes   of  property   upon   which  chattel  mortgages  may  be  taken,  KERR'S 
CYC.   CIV.  CODE,  §    2955   and   note. 
Gen.   Laws — 8 


114  CHEESE— BRANDS  AND  GRADES. 

CHEESE. 

Defining  the  different  grades  of  cheese,  and  for  branding  the  same,  manufactured 

in  the  state  of  California. 

(Stat^.  1897,  69,  ch.  LXXVL) 

§  1.  Every  person  or  persons,  firm  or  corporation,  who  shall  at  any  creamery, 
cheese  factory,  or  private  dairy,  manufacture  cheese  in  the  state  of  California, 
shall,  at  the  place  of  manufacture,  brand  distinctly,  and  durably  on  the  bandage 
of  each  and  every  cheese  manufactured,  and  upon  the  package  or  box  when 
shipped,  the  grade  of  cheese  manufactured,  as  follows:  "California  full-cream 
cheese,"  "California  half-skim  cheese,"  and  "California  skim  cheese." 

§  2.  All  brands  for  branding  the  different  grades  of  cheese  shall  be  pro- 
cured from  the  state  dairy  bureau,  and  said  bureau  is  hereby  directed  and 
authorized  to  issue  to  all  persons,  firms,  or  corporations,  upon  application  there- 
for, uniform  brands,  consecutively  numbered,  of  the  different  grades  specified 
in  section  one  of  this  act.  The  state  dairy  bureau  shall  keep  a  record  of  each  and 
every  brand  issued,  and  the  name  and  location  of  the  manufacturer  receiving  the 
same.  No  manufacturer  of  cheese  in  the  state  of  California,  other  than  the  one 
to  whom  such  brand  is  issued,  shall  use  the  same,  and  in  case  of  a  change  of 
location,  the  party  shall  notify  the  bureau  of  such  change. 

§  3.  The  different  grades  of  cheese  are  hereby  defined  as  follows :  Such 
cheese  only  as  shall  have  been  manufactured  from  pure  milk,  and  from  which 
no  portion  of  the  butter  fat  has  been  removed  by  skimming  or  other  process, 
and  having  not  less  than  thirty  per  centum  of  butter  fat,  shall  be  branded  as 
"California  full-cream  cheese";  and  such  cheese  only  as  shall  be  made  from 
pure  milk,  and  having  not  less  than  fifteen  per  centum  of  butter  fat,  shall  be 
branded  "California  half-skim  cheese";  and  such  cheese  only  as  shall  be  made 
from  pure  skim-milk  shall  be  branded  "California  skim  cheese";  provided,  that 
nothing  in  this  section  shall  be  construed  to  apply  to  "Edam,"  "Brickstein," 
"Pineapple,"  "Limburger,"  "Swiss,"  or  hand-made  cheese,  not  made  by  the 
ordinary  Cheddar  process. 

§  4.  No  person  or  persons,  firms  or  corporations,  shall  sell,  or  offer  for  sale, 
any  cheese,  manufactured  in  the  state  of  California,  not  branded  by  an  official 
brand  and  of  the  grade  defined  in  section  three  of  this  act. 

§  5.  AYhoever  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished  for  the 
first  offense  by  a  fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more  than 
fifty  dollars  ($50),  or  by  imprisonment  in  the  county  jail  for  not  exceeding 
twenty-five  days ;  and  for  each  subsequent  offense  by  a  fine  of  not  less  than  fifty 
dollars  ($50)  nor  more  than  one  hundred  dollars  ($100),  or  by  imprisonment 
in  the  county  jail  not  less  than  fifty  days  nor  more  than  one  hundred  days,  or  by 
both  such  fine  and  imprisonment,  at  the  discretion  of  the  court. 

§  6.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  7.     This  act  shall  take  effect  sixty  days  after  its  passage. 

See  tit.  Butter,  ante,  Stats.  1897,  65,  ch.  LXXV;  and  tits.  Dairy  Products;  State  Dairy 
Bureau,  post. 


ABANDONED   AND   DELINQUENT   CHILDREN.  115 

CHILDREN— ABANDONED— DELINQUENT. 

Defining  and  providing  for  the  control,  protection,  and  treatment  of  dependent 
and  delinquent  children ;  prescribing  the  powers  and  duties  of  courts  with 
respect  thereto;  providing  for  the  appointment  of  probation  officers,  and 
prescribing  their  duties  and  powers ;  providing  for  the  separation  of  chil- 
dren from  adults  when  confined  in  jails  or  other  institutions ;  providing  for 
the  appointment  of  boards  to  investigate  the  qualifications  of  organizations 
receiving  children  under  this  act,  and  prescribing  the  duties  of  such  boards; 
and  providing  when  proceedings  under  this  act  shall  be  admissible  in  evi- 
dence. 

(Stats.  1903,  44,  ch.  XLIII;  amend.  Stats.  1905,  806,  ch.  DCX.) 

§  1.  The  title  of  said  act  is  amended  so  as  to  read  as  follows:  "An  act  defin- 
ing and  providing  for  the  control,  protection  and  treatment  of  dependent  and 
delinquent  children;  defining  such  children;  prescribing  the  powers  and  duties 
of  courts  in  raspect  thereto ;  providing  for  the  creation  and  appointment  of 
probation  officers,  and  prescribing  their  duties,  powers,  terms  of  office  and  com- 
pensation; providing  for  the  commitment  and  confinement  of  such  children; 
providing  for  the  creation  and  appointment  of  boards,  to  be  known  as  probation 
committees;  to  investigate  the  qualifications  of  organizations  receiving  children 
under  this  act ;  and  prescribing  the  powers  and  duties  of  such  boards,  with 
respect  to  probation  officers  and  otherwise,  and  prescribing  the  terms  of  office 
of  the  members  of  such  boards ;  providing  for  the  powers  of  Courts  and  judges 
with  respect  to  the  appointment  of  probation  officers  and  removal  of  same,  and 
with  respect  to  probation  committees  and  members  thereof;  and  providing  when 
proceedings  under  this  act  shall  be  admissible  in  evidence."  [Amendment, 
Stats.  1905,  806.] 

§  1,  This  act  shall  apply  only  to  children  under  the  age  of  sixteen  years  not 
now  or  hereafter  inmates  of  a  state  institution.  For  the  purposes  of  this  act 
the  words  "dependent  child"  shall  mean  any  child  under  the  age  of  sixteen 
years  who  is  found  begging,  or  receiving  or  gathering  alms  (whether  actually 
begging  or  under  the  pretext  of  selling  or  offering  for  sale  anything),  or  being 
in  any  street,  road,  or  public  place  for  the  purpose  of  so  begging,  gathering  or 
receiving  alms ;  or  who  is  found  wandering  and  not  having  any  home  or  settled 
place  of  abode,  or  proper  guardianship,  or  visible  means  of  subsistence;  or  who 
is  found  destitute,  or  whose  home,  by  reason  of  neglect,  cruelty  or  depravity  on 
the  part  of  either  of  its  parents  or  of  its  guardian,  or  other  person  in  whose  care 
it  may  be,  is  an  unfit  place  for  such  child;  or  who  frequents  the  company  of 
reputed  criminals  or  prostitutes,  or  who  is  found  living  or  being  in  any  house  of 
prostitution  or  assignation,  or  who  habitually  visits,  without  parent  or  guardian, 
any  saloon,  or  place  where  any  spirituous  liquors  or  wine,  or  intoxicating  or 
malt  liquors  are  sold,  exchanged,  or  given  away,  or  who  is  incorrigible,  or  who  is 
a  persistent  truant  from  school.  The  words  "delinquent  child"  shall  include 
any  child  under  the  age  of  sixteen  years  who  violates  any  law  of  this  state,  or 
any  ordinance  of  any  town,  city,  county,  or  city  and  county  of  this  state. 
[Amendment,  Stats.  1905,  806.] 

8  2.     In  counties  having  more  than  one  judge  of  a  superior  court,  the  judges 


IIQ  JUVENILE    COURT — PROCEEDINGS    IN. 

of  such  court  may  from  time  to  time  designate  one  or  more  of  their  number 
whose  duty  it  shall  be  to  hear  all  eases  coming  under  this  act.  In  counties  of 
the  first  class,  such  designation  shall  be  made  by  the  presiding  judge.  The 
orders  and  findings,  if  any,  of  the  superior  court,  in  all  cases  coming  under  the 
provisions  of  this  act,  shall  be  entered  in  a  book  to  be  kept  for  that  purpose  and 
known  as  the  "Juvenile  Record,"  and  the  court  acting  under  this  act  shall  be 
called  the  "Juvenile  Court."  In  justices'  courts  having  more  than  one  justice 
of  the  peace,  and  in  police  courts  having  more  than  one  judge,  the  justices  of 
the  peace  and  the  judges  of  the  police  courts,  from  time  to  time  may  designate 
one  of  their  respective  number  whose  duty  it  shall  be  to  hear  all  cases  coming 
under  this  act.  All  cases  coming  under  the  provisions  of  this  act  shall  be  heard 
at  a  special  separate  session  of  the  court,  and  no  matter  other  than  cases  under 
this  act  shall  be  on  the  calendar,  or  shall  be  heard  at  such  session,  nor  shall  there 
be  permitted  to  be  present  at  such  session  any  person  on  trial,  or  awaiting  trial, 
or  under  accusation  of  crime,  who  does  not  come  under  the  provisions  of  this 
act.     [Amendment,  Stats.  1905,  806.] 

§  3.  Any  citizen  of  the  state  may  file  with  the  clerk  of  the  superior  court  a 
petition  showing  that  there  is  within  the  county,  or  residing  within  the  county, 
a  dependent  child,  and  praying  that  the  superior  court  deal  with  such  child  as 
provided  in  this  act.  Such  petition  shall  be  verified,  and  shall  contain  a  state- 
ment of  the  facts  constituting  such  dependency  as  provided  in  section  one  of  this 
act.  There  shall  be  no  fee  for  filing  said  petition.  [Amendment,  Stats.  1905, 
806.] 

§  4.     Upon  the  filing  of  the  petition,  provided  for  in  section  three  hereof,  a 
citation  shall  issue,  requiring  the  person  having  custody  or  control  of  the  child, 
or  with  whom  the  child  may  be,  to  appear  with  the  child  at  a  place  and  time 
stated  in  the  citation.     Service  of  such  citation  must  be  made  at  least  twenty- 
four  hours  before  the  time  stated  therein.     The  parents  or  guardian  of  the 
child,  if  residing  in  the  county  in  which  the  court  sits,  and  if  their  places  of 
residence  be  knowm  to  the  petitioner,  or  if  there  be  neither  parent  nor  guardian 
so  residing,  or  if  their  places  of  residence  be  not  known  to  petitioner,  then 
some  relative  of  the  child,  if  there  be  any  residing  in  said  county,  and  if  his 
residence  and  relationship  to  such  child  be  known  to  petitioner,  shall  be  noti- 
fied of  the  proceedings  by  service  of  citation  requiring  them  to  appear  at  the 
time  and  place  to  be  stated  in  such  citation.     In  any  case,  the  judge  may 
appoint  some  suitable  person  to  act  in  behalf  of  the  child,  and  may  order  such 
further  notice  of  the  proceeding  to  be  given  as  he  may  deem  proper.     If  any 
person  cited  as  herein  provided,  shall  fail,  without  reasonable  cause,  to  appear 
and  abide  by  the  order  of  the  court,  or  to  bring  the  child,  if  so  required  in  the 
citation,  such  failure  shall  constitute  a  contempt  of  said  court  and  may  be 
punished  as  provided  for  in  cases  of  contempt  of  court.     In  case  any  such 
citation  cannot  be  served,  or  the  party  served  fails  to  obey  the  same,  and  in 
any  case  in  w^hich  it  shall  be  made  to  appear  to  the  court  that  such  citation 
will  be  ineffectual,  a  warrant  of  arrest  may  issue  on  the  order  of  the  court, 
either  against  the  parent  or  guardian,  or  the  person  having  the  custody  of 
the  child,  or  with  whom  the  child  may  be,  or  against  the  child  itself,  or  any  of 
said  persons ;  or  if  there  be  no  person  to  be  served  with  citation  as  above  pro- 
vided, a  warrant  of  arrest  may  be  issued  against  the  child  immediately.     On 


JUVENIJLE   COURT— PROBATION   COMMITTEE.  117 

the  return  of  the  citation  or  other  process,  or  as  soon  thereafter  as  may  be, 
the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner. 
Until  the  final  disposition  of  any  case,  the  child  may  be  retained  in  the  posses- 
sion of  the  person  having  charge  of  the  same,  or  may  be  kept,  upon  the  order 
of  the  couft,  in  some  suitable  place,  provided  by  the  county,  or  city  and  county, 
or  may  be  held  otherwise,  as  the  court  may  direct.  [Amendment,  Stats.  1905, 
806.] 

§  5.  When  any  child  under  the  age  of  sixteen  years  shall  be  found  by 
said  court  or  judge  or  justice  to  be  dependent,  within  the  meaning  of  this  act, 
the  court  may  make  an  order  committing  the  child,  for  such  time  during  its 
minority  as  the  court  may  deem  fit,  to  the  care  of  some  reputable  citizen  of 
good  moral  character,  or  to  the  care  of  some  association,  society  or  corpora- 
tion willing  to  receive  it,  embracing  in  its  objects  the  purpose  of  caring  for  or 
obtaining  homes  for  dependent  or  neglected  children,  or  to  the  care  of  the  pro- 
bation officers  or  other  person  to  remain  in  the  home  of  the  child.  The  court 
may  thereafter  set  aside,  change  or  modify  such  order.  [Amendment,  Stats. 
1905,  806.] 

§  6.  The  judge  of  the  superior  court  in  and  for  each  county  or  city  and 
county  of  the  state,  or  where  there  are  more  than  one  judge  of  said  court, 
a  majority  of  the  judges  thereof  by  an  order  entered  in  the  minutes  of  such 
court,  shall  appoint  seven  discreet  citizens  of  good  moral  character,  and  of 
either  sex,  to  be  known  as  probation  committee,  and  shall  fill  all  vacancies 
occurring  in  such  committee.  The  clerk  of  said  court  shall  immediately  notify 
each  person  appointed  on  said  committee  and  thereupon  said  persons  shall 
appear  before  the  judge  of  said  juvenile  court,  if  there  be  one,  or  otherwise 
before  a  judge  of  said  superior  court  in  said  county  and  qualify  by  taking 
oath,  to  be  entered  in  said  juvenile  record,  if  any,  or  in  the  minutes  of  said 
superior  court,  to  faithfully  perform  the  duties  of  a  member  of  such  probation 
committee.     [Amendment,  Stats.  1905,  806.] 

§  7.  The  members  of  such  probation  committees  shall  hold  office  for  four 
years,  and  until  their  successors  are  appointed,  provided  that  of  those  first 
appointed,  one  shall  hold  office  for  one  year,  two  for  two  years,  two  for  three 
years,  and  two  for  four  years,  the  terms  for  which  the  respective  members 
first  appointed  shall  hold  office  to  be  determined  by  lot  as  soon  after  their 
appointment  as  may  be.  When  any  vacancy  occurs  in  any  probation  com 
mittee  by  expiration  of  the  term  of  office  of  any  member  thereof,  the  successor 
shall  be  appointed  to  hold  for  the  term  of  four  j^ears;  when  any  vacancy 
occurs  for  any  other  reason,  the  appointee  shall  hold  for  the  unexpired  term 
of  his  predecessor.     [Amendment,  Stats.  1905,  806.] 

§  8.  The  members  of  the  probation  committee  shall  serve  without  com- 
pensation.    [Amendment,  Stats.  1905,  806.] 

§  9.  The  superior  court  or  any  judge  thereof  may  at  any  time  require 
said  probation  committee  or  a  probation  officer  to  examine  into  the  qualifica- 
tions and  management  of  any  society,  association  or  corporation,  other  than  a 
state  institution,  applying  to  receive  any  child  or  children  under  this  act,  and 
to  report  to  the  court,  provided  that  nothing  in  this  section  shall  be  construed 
as  giving  any  probation  committee  or  probation  officer  any  power  to  enter  any 
institution  without  the  consent  of  such  institution. 


118  PROBATION     OFFICER — DUTIUS     AND     SALARY. 

It  shall  be  the  duty  of  each  probation  committee  prior  to  December  first  in 
each  year  to  prepare  a  report  in  writing  on  the  qualifications  and  management 
of  all  societies,  associations  and  corporations,  except  state  institutions,  applying 
for  or  receiving  any  child  under  this  act  from  the  courts  of  their  respective 
counties,  and  in  said  report  said  committee  may  make  such  suggestions  or  com- 
ments as  to  them  may  seem  fit ;  said  report  to  be  filed  in  the  office  of  the  clerk 
of  the  court  appointing  such  committee,  for  the  information  of  the  judges 
thereof.     [Amendment,  Stats.  1905,  806.] 

§  10.  In  counties  of  the  first  class  there  shall  be  one  probation  officer  and 
not  more  than  five  deputy  probation  officers;  in  counties  of  the  second  class, 
one  probation  officer  and  not  more  than  one  deputy  probation  officer;  in  all 
other  counties  there  shall  be  one  probation  officer. 

In  any  county  or  city  and  county  additional  deputy  probation  officers  may 
be  appointed  and  their  appointment  approved  or  disapproved  as  hereinafter 
provided,  from  time  to  time  when  in  the  opinion  of  the  court  it  may  be  neces- 
sary, provided  that  they  serve  without  salary,  [Amendment,  Stats.  1905, 
806.] 

§  11.  The  salaries  of  the  probation  officers  and  deputy  probation  officers 
(except  as  herein  otherwise  provided)  shall  be  as  follows,  and  shall  be  paid 
out  of  the  county  treasury  of  the  county  for  which  they  are  appointed,  after 
being  allowed  and  audited  in  the  same  manner  as  salaries  of  other  county 
officers : 

In  counties  of  the  second  class  the  probation  officer  shall  receive  one  hun- 
dred and  twenty-five  dollars  per  mouth,  and  the  deputy  probation  officer 
seventy-five  dollars  per  month.  In  all  other  counties  the  probation  officer 
and  the  deputy  probation  officers  shall  serve  without  compensation,  provided 
however,  that  the  probation  officer  and  deputy  probation  officers  in  all  the 
counties  of  the  state  shall  be  allowed  such  necessary  incidental  expenses  as 
may  be  authorized  by  a  judge  of  the  superior  court;  and  the  same  shall  be  a 
charge  upon  the  county  in  which  the  court  appointing  them  has  jurisdiction, 
and  the  said  expenses  shall  be  paid  out  of  the  county  treasury  upon  a  war- 
rant therefor  issued  by  the  said  court.     [Amendment,  Stats.  1905,  806.] 

§  12.  The  offices  of  probation  officer  and  deputy  probation  officer  are  hereby 
created.  The  appointments  of  probation  officers  and  deputy  probation  officers 
to  serve  hereunder  in  any  county  or  city  and  county  shall  be  made  by  the 
probation  committee  of  said  county  or  city  and  county  from  discreet  citizens 
of  good  moral  character.  The  appointments  by  each  probation  committee 
shall  be  made  in  writing,  signed  by  a  majority  of  the  members  of  such  com- 
mittee, and  filed  with  the  county  clerk  of  such  county,  and  shall  be  subject  to 
and  shall  take  effect  upon  approval  by  the  judge  of  the  superior  court  appoint- 
ing such  committee,  or  by  a  majority  of  the  judges  thereof  if  there  be  more 
than  one;  such  approval  to  be  by  order  entered  in  the  minutes  of  said  court. 
The  term  of  office  of  probation  officers  and  of  deputy  probation  officers  shall 
be  two  years  from  the  date  of  the  said  approval  of  their  several  appoint- 
ments, such  probation  officers  and  deputy  probation  officers  may  at  any 
time  be  removed  by  the  judge  approving  their  appointment  in  his  discretion, 
[Amendment,  Stats.  1905,  806.] 


PROBATION     OFFICER — DUTIES     OF.  119 


§  13.  It  shall  be  the  duty  of  the  clerk  of  any  court  before  which  a  child 
is  brought  under  the  provisions  of  this  act,  or  if  there  be  no  clerk,  then  it 
shall  be  the  duty  of  the  judge  or  justice  of  said  court,  before  the  hearing  of 
said  matter,  to  notify  the  probation  officer  of  the  county  thereof;  except  in 
cases  where  the  child  is  brought  before  the  court  by  a  society,  association  or 
corporation  which  embraces  within  its  objects  the  care  of  dependent  or  delin- 
quent children  and  which  has  in  the  last  report  thereon  by  the  probation 
committee  of  such  county  been  favorably  passed  upon.  [Amendment,  Stats. 
1905,  806.] 

§  14.  The  probation  officer  or  deputy  probation  officer  detailed  by  him  for 
that  purpose,  shall  inquire  into  the  child's  antecedents,  character,  history, 
family  environment  and  cause  of  delinquency  or  dependency,  and  shall  make 
his  report  in  writing  to  the  judge  or  justice  in  the  case  of  every  child  to 
be  dealt  with  under  the  provisions  of  this  act  as  a  dependent  or  delinquent 
'  child;  but  only  when  the  judge  so  specially  orders  it  in  the  case  of  a 
dependent  child  who  is  already  in  the  charge  of  a  society,  association  or  cor- 
poration which  embraces  within  its  objects  the  care  of  dependent  children 
and  which  has  in  the  last  report  thereon  by  the  probation  committee  of  such 
county  been  favorably  passed  upon.  In  the  event  that  such  a  society,  association 
or  corporation  shall  be  so  in  charge,  it  shall  through  its  agent  or  superin- 
tendent make  such  report  to  the  judge  in  place  of  the  probation  officer. 

It  shall  be  the  duty  of  said  probation  officer  or  said  deputy  probation  officer 
or  said  agent  or  superintendent  of  such  society,  association  or  corporation 
to  be  present  in  court  in  order  to  represent  the  interests  of  the  child  when  the 
case  is  heard,  and  to  furnish  to  the  court  such  information  and  assistance  as 
it  may  require  and  to  make  the  said  report  at  such  time;  and  to  take  such 
charge  of  the  child  before  and  after  the  hearing  as  may  be  ordered. 

The  probation  officer  and  each  deputy  probation  officer  shall  have  as  to  any 
child  committed  to  the  care  of  such  probation  officer,  the  powers  of  a  police 
officer.  At  any  time  in  his  discretion  such  officer  or  deputy  may  bring  such 
child  before  the  court  committing  such  child  to  his  care,  for  such  further  or 
other  action  as  the  court  may  see  fit. 

Any  of  the  duties  of  the  probation  officer  may  be  performed  by  a  deputy 
probation  officer,  and  shall  be  performed  by  him  whenever  detailed  to  perform 
the  same  by  the  probation  officer ;  and  it  shall  be  the  duty  of  the  probation 
officer  to  see  that  the  deputy  probation  officer  performs  his  duties.  [New  sec- 
tion added,  Stats.  1905,  806.] 

§  15.  If  any  child  is  arrested  and  taken  before  a  justice  of  the  peace  or 
police  judge,  then  at  any  time  before  the  child  is  found  delinquent  and  a  com- 
mitment thereunder  issues,  it  may  be  detained  under  order  of  the  court  in 
any  detention  home  provided  for  that  purpose  by  any  county  or  city  and 
county ;  or  it  may  be  otherwise  provided  for  as  the  court  sees  fit  in  any  man- 
ner provided  herein  for  the  care  of  a  child  after  the  finding  of  its  delinquency. 
If,  after  a  hearing,  any  child  shall  be  found  to  be  delinquent  by  such  court, 
the  justice  of  the  peace  or  police  judge  may  continue  the  further  hearing  from 
time  to  time,  and  may  at  any  time  commit  the  child  to  the  care  and  custody 
of  a  probation  officer  and  may  allow  such  to  remain  in  the  home  of  such  child, 
subject  to  the  visitation  of  a  probation  officer,  and  such  child  shall  report  to 


J20  DELINQUENT    CHILD — DETENTION. 

the  probation  officer  as  often  as  may  be  required  and  be  subject  to  be  returned 
to  the  court  for  further  proceedings  whenever  such  action  may  appear  to  be 
necessary  or  desirable.  If  the  justice  of  the  peace  or  police  judge  at  any 
time  deems  it  necessary  or  to  the  best  interests  of  the  child  that  he  should  be 
committed  to  a  state  reform  school  or  to  the  care  or  custody  of  some  associa- 
tion, society  or  corporation  embracing  in  its  objects  the  care  of  neglected, 
dependent,  or  delinquent  children,  or  should  be  placed  in  a  suitable  family 
home,  or  that  a  guardian  should  be  appointed  for  such  child,  the  justice  of  the 
peace  or  police  judge  shall  certify  the  case  with  a  transcript  of  the  docket  or 
other  record  to  the  clerk  of  the  superior  court  of  the  county  or  city  and  county 
in  which  the  justices'  court  or  police  court  is  held,  and  the  officer  having  the 
child  in  charge  shall  take  the  child  before  the  superior  court,  and  thereupon 
the  superior  court  may  proceed  to  hear  and  dispose  of  the  case  in  the  same 
manner  as  if  the  child  had  been  brought  before  the  court  on  petition  as  herein 
provided  for  dependent  children.  In  such  case  the  court  shall  require  notice 
to  be  given  and  investigation  to  be  made  as  in  other  cases  under  this  act,  and 
may  adjourn  the  hearing  from  time  to  time  for  that  purpose.  [New  section 
added,  Stats.  1905,  806.] 

§  16.     In  the  case  of  a  child  alleged  to  be  delinquent,  within  the  meaning 
of  this  act,  and  brought  before  the  superior  court  at  any  time  before  the  child 
is  found  delinquent  and  a  commitment  thereunder  issues,  it  may  be  detained 
under  order  of  the  court  in  any  detention  home  provided  for  that  purpose 
by  any  county  or  city  and  county ;  or  it  may  be  otherwise  provided  for  as  the 
court  sees  fit  in  any  manner  provided  herein  for  the  care  of  a  child  after  the 
finding  of  its  delinquency.     If  the  court  find  the  child  to  be  delinqeunt,  said 
court  may  continue  the  hearing  from  time  to  time,  and  may  at  any  time  commit 
the  child  to  the  care  or  custody  of  the  probation  officer,  and  may  allow  such 
child  to  remain  in  the  home  of  such  child,  subject  to  the  visitation  of  a  pro- 
bation officer,  and  such  child  shall  report  to  the  probation  officer  as  often 
as  may  be  required,  and  be  subject  to  be  returned  to  the  court  for  further  pro- 
ceedings whenever  such  action  may  appear  necessary  or  desirable,  or  the  court 
may  commit  the  child  to  the  care  or  custody  of  the  probation  officer,  to  be 
placed  in  a  suitable  family  home,  subject  to  the  supervision  of  such  probation 
officer  and  the  further  order  of  the  court,  or  it  may  authorize  the  probation 
officer  to  board  out  the  child  in  some  suitable  family  home  in  case  provision 
is  made  by  voluntary  contribution,  or  otherwise,  for  the  payment  of  the  board 
of  such  child,  until  a  suitable  provision  may  be  made  for  the  child  in  a  home 
without  such  payment ;  or  the  court  may  commit  the  child  for  such  time  during 
its  minority,  as  the  court  may  deem  fit,  to  the  care  and  custody  of  some  asso- 
ciation, society  or  corporation  that  will  receive  it,  embracing  within  its  objects 
the  care  of  dependent  or  delinquent  children ;  or  the  court  may  commit  such 
child  to  a  state  reform  school,  as  is  now,  or  may  hereafter  be  provided  by 
law  in  accordance  with  the  procedure  provided  by  law  for  such  commitment. 
Provided,  further,  that  should  the  legislative  body  of  the  county,  or  city  and 
county,  or  of  a  municipality,  provide  a  suitable  place  for  the  detention  of  said 
dependent  and  delinquent  children,  which  they  are  hereby  authorized  to  do, 
such  children  may  be  committed  thereto  after  the  adjudication  of  dependency 
or  delinquency  for  a  definite  period  to  be  specified  in  such  order.     The  court 


DELINQUENT    CHILD — COMMITMENT.  121 

may  thereafter  set  aside,  change  or  modify  such  order,  and  may  provide  for 
a  further  detention  in  said  place.  Any  order  providing  for  the  custody  of 
a  dependent  or  delinquent  child  may  provide  that  the  expense  of  maintenance 
of  said  child  shall  be  paid  by  the  parent  or  parents,  or  guardian,  of  said  child, 
and  in  such  case  shall  determine  the  amount  so  to  be  paid,  and  shall  determine 
whether  or  not  the  parent  or  parents  shall  exercise  any  control  over  said  child 
and  the  extent  thereof,  and  any  disobedience  of  such  order  or  inteference  with 
the  custody  of  the  child  as  therein  determined  by  a  parent  or  guardian  having 
notice  of  the  proceedings  or  of  the  order  shall  constitute  a  contempt  of  court. 
The  court  may  thereafter  set  aside,  change  or  modify  any  order  herein  pro- 
vided for.     [New  section  added.  Stats.  1905,  806.] 

§  17.  No  court  or  magistrate  shall  commit  a  child  under  twelve  years  of 
age  to  jail,  prison  or  police  station,  but  if  such  child  is  unable  to  give  bail,  it 
may  be  committed  to  the  care  of  the  sheriff,  police  officer,  constable  or  proba- 
tion officer,  who  shall  keep  such  child  in  some  suitable  place  provided  by  the 
city,  county,  or  city  and  county,  outside  of  the  inclosure  of  any  jail  or  police 
station.  When  any  child  shall  be  sentenced  to  confinement  in  any  institution 
to  which  adult  convicts  or  prisoners  are  sentenced  or  where  adults  are  con- 
fined, it  shall  be  unlawful  to  confine  such  child  in  the  same  room  or  yard  or 
inclosure  with  such  adult  convicts  or  prisoners,  or  to  permit  such  child  to  come 
or  remain  within  sight  of  or  meet  or  come  into  or  remain  in  the  presence  of 
any  of  such  adult  convicts  or  prisoners.     [New  section  added,  Stats.  1905,  806.] 

§  18.  Nothing  in  this  act  shall  be  construed  to  repeal  any  portion  of  the 
act  entitled  "An  act  to  establish  a  state  reform  school  for  juvenile  offenders, 
and  to  make  an  appropriation  therefor,"  approved  March  eleven,  eighteen 
hundred  and  eighty-nine,  or  any  of  the  amendments  thereto,  or  the  act  entitled 
"An  act  to  establish  the  California  Home  for  the  Care  and  Training  of  Feeble-, 
Minded  Children,  and  provide  for  the  maintenance  of  the  same,"  approved 
March  eighteen,  eighteen  hundred  and  eighty-five,  or  any  of  the  amendments 
thereto,  or  the  act  entitled  "An  act  to  establish  a  school  of  industry,  and  pro- 
vide for  the  maintenance  and  management  of  the  same  and  to  make  an 
appropriation  therefor, ' '  approved  March  eleven,  eighteen  hundred  and  eighty- 
nine,  or  any  of  the  amendments  thereto ;  and  in  all  commitments  to  said 
institutions,  the  acts  in  reference  to  said  institutions  shall  govern  the  same. 
[New  section  added.  Stats.  1905,  806.] 

§  19.  No  record  of  or  testimony  concerning  any  proceedings  against  any 
child  under  this  act  shall  be  admissible  as  evidence  against  such  child  in  any 
other  court  or  proceeding,  except  in  proceedings  under  this  act,  and  except  in 
guardianship  or  adoption  proceedings  relating  to  said  child.  [New  section 
added.  Stats.  1905,  806.] 

§  20.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purpose  may 
be  carried  out,  to  wit — that  the  care,  custody  and  discipline  of  a  child  shall 
approximate  as  nearly  as  may  be  that  which  should  be  given  by  its  parents, 
and  in  all  cases  where  it  can  be  properly  done,  the  child  be  placed  in  an 
approved  family,  with  people  of  the  same  religious  belief  and  become  a  member 
of  the  family  by  legal  adoption,  or  otherwise.  In  this  act,  words  used  in  any 
gender  shall  include  all  other  genders,  and  the  word  "county"  shall  include 
"city  and  county."     [New  section  added.  Stats.  1905,  806.] 


123  HOURS  OF  LABOR  FOR  CHILDREN. 

§  21.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed,  except  as  hereinabove  provided  in  section  nineteen  [eighteen], — 
[New  section  added,  Stats.  1905,  806.] 

The     foregoing    act     purports     to     amend  Feeble-minded; 

Stats.    1903,    44,    but    in    reality    it    entirely  Sale  of  liquor  to} 

supersedes    and    leaves    nothing    of    former  Orphans; 

act  in   force.  Sale    of; 

CHILDREIV — Educational   rights    of?  Wrongs    to; 

Cruelty   to;  Hours    of   labor, — as    to,    see    next    several 

Euiployuient   of}  statutes  following. 

CHILDREN— HOURS  OF  LABOR,  ETC. 

Regulating  the  employment  and  hours  of  labor  of  children;  prohibiting  the 
employment  of  minors  under  certain  ages;  prohibiting  the  employment  of 
certain  illiterate  minors ;  providing  for  the  enforcement  hereof  by  the  com- 
missioner of  the  bureau  of  labor  statistics  and  providing  penalties  for 
the  violation  hereof. 

(Stat.  1905,  11,  ch.  XVIII.) 

§  1.  No  minor  under  the  age  of  eighteen  shall  be  employed  in  laboring  in 
any  manufacturing,  mechanical,  or  mercantile  establishment,  or  other  place 
of  labor,  more  than  nine  hours  in  one  day,  except  when  it  is  necessary  to  make 
repairs  to  prevent  the  interruption  of  the  ordinary  running  of  the  machinery, 
or  when  a  different  apportionment  of  the  hours  of  labor  is  made  for  the  sole 
purpose  of  making  a  shorter  day's  work  for  one  day  of  the  week;  and  in  no 
case  shall  the  hours  of  labor  exceed  fifty-four  hours  in  a  week. 

§  2.  No  minor  under  the  age  of  sixteen  years  shall  be  employed  or  permitted 
to  work  in  any  mercantile  institution,  oSice,  laundrj',  manufacturing  establish- 
ment, or  workshop,  between  the  hours  of  ten  o'clock  in  the  evening  and  six 
o'clock  in  the  morning. 

No  child  under  fourteen  years  of  age  shall  be  emplo^'^ed  in  any  mercantile 
institution,  office,  laundry,  manufacturing  establishment,  workshop,  restaurant, 
hotel,  apartment  house,  or  in  the  distribution  or  transmission  of  merchandise 
or  messages. 

Provided  that  the  judge  of  the  juvenile  court  of  the  county,  or  city  and 
county,  or  in  any  county  or  city  and  county  in  which  there  is  no  juvenile 
court,  then  any  judge  of  the  superior  court  of  the  county,  or  city  and  county 
in  which  such  child  resides,  shall  have  authority  to  issue  a  permit  to  work  to 
any  such  child  over  the  age  of  twelve  years,  upon  a  sworn  statement  being 
made  to  him  by  the  parent  of  such  child  that  such  child  is  past  the  age  of 
twelve  years,  that  the  parents  or  parent  of  such  child  are  incapacitated  for 
labor,  through  illness,  and  after  investigation  by  a  probation  officer  or  truant 
officer  of  the  city,  or  city  and  county,  in  which  such  child  resides,  or  in  cities 
and  counties  where  there  are  no  probation  or  truant  officers,  then  by  such 
other  competent  persons  as  the  judge  may  designate  for  this  purpose.  The 
permit  so  issued  shall  specify  the  kind  of  labor  and  the  time  for  which  it  is 
issued,  and  shall  in  no  case  be  issued  for  a  longer  period  than  shall  seem  neces- 
sary to  the  judge  issuing  such  permit.  Such  permit  shall  be  kept  on  file  by 
the  person,  firm  or  corporation  employing  the  child  therein  designated,  during 
the  term  of  said  employment,  and  shall  be  given  up  to  said  child  upon  his 


HOURS    OF   LABOR — POSTING.  123 

quitting  such  employment.  Such  certificate  shall  be  always  open  to  the  inspec- 
tion of  the  truant  and  probation  officers  of  the  city  and  county,  city  or  county, 
in  which  the  place  of  employment  is  situated  or  of  the  officers  of  the  state 
bureau  of  labor  statistics. 

And  provided  that  any  such  child,  over  the  age  of  twelve  years,  may  be 
employed  at  any  of  the  occupations  mentioned  in  this  act  during  the  regular 
vacation  of  the  public  schools  of  the  city,  county,  or  city  and  county  in  which 
the  place  of  employment  is  situated,  upon  the  production  of  a  permit  signed 
by  the  principal  of  the  school  which  such  child  has  attended  during  the  term 
next  preceding  any  such  vacation.  Such  permit  shall  contain  the  name  and 
age  of  the  child  to  whom  it  is  issued,  and  the  date  of  the  termination  of  the 
vacation  for  which  it  is  issued,  and  shall  be  kept  on  file  by  the  employer  during 
the  period 'of  employment,  and  at  the  termination  of  such  employment  shall  be 
returned  to  the  child  to  whom  it  was  issued. 

No  minor  who  is  under  sixteen  years  of  age  shall  be  employed  or  permitted 
to  work  at  any  gainful  occupation  during  the  hours  that  the  public  schools 
of  the  city,  town,  or  school  district  in  which  his  place  of  employment  is  situ- 
ated are  in  session,  unless  he  or  she  can  read  English  at  sight  and  can  write 
legibly  and  correctly  simple  English  sentences,  or  unless  he  or  she  is  a 
regular  attendant  for  the  then  current  term  at  a  regularly  conducted  night 
school.  A  certificate  of  the  principal  of  such  school  shall  be  held  to  be  suf- 
ficient evidence  of  such  attendance. 

§  3.  Every  person,  firm,  or  corporation  employing  minors  under  eighteen 
years  of  age,  in  any  manufacturing  establishment,  shall  post,  and  keep  posted, 
in  a  conspicuous  place  in  every  room  where  such  help  is  employed,  a  written 
or  printed  notice  stating  the  number  of  hours  per  day  for  each  day  of  the 
week  required  of  such  persons. 

Every  person,  firm,  corporation,  agent  or  officer  of  a  firm  or  corporation 
employing  or  permitting  minors  under  sixteen  years  and  over  fourteen  years 
of  age  to  work  in  any  mercantile  institution,  office,  laundry,  manufacturing 
establishment,  workshop,  restaurant,  hotel,  apartment  house,  or  in  the  distri- 
bution or  transmission  of  merchandise  or  messages,  shall  keep  a  record  of  the 
names,  ages,  and  places  of  residence  of  such  minors,  and  shall  have  on  file  a 
certificate  of  age  and  schooling,  as  provided  in  this  act,  for  every  such  minor 
so  employed,  said  record  and  certificate  to  be  open  at  all  times  to  the  inspec- 
tion of  those  M^hose  duty  it  is  to  enforce  the  provisions  of  the  act. 

An  age  and  schooling  certificate  shall  be  approved  only  by  the  superin- 
tendent of  schools  of  the  city  or  city  and  county,  or  by  a  person  authorized 
by  him,  in  writing,  or  where  there  is  no  city  or  city  and  county  superintendent 
of  schools,  by  a  person  authorized  by  the  local  school  trustees;  provided  that 
the  superintendent  or  principal  of  any  school  of  recognized  standing  shall 
have  the  right  to  approve  an  age  and  schooling  certificate,  and  shall  have  the 
same  rights  and  powers  as  the  superintendent  of  public  schools  to  issue  the 
certificate  herein  provided,  for  children  attending  such  schools.  The  persons 
authorized  to  issue  age  and  schooling  certificates  shall  have  the  authority  to 
administer  the  oaths  necessary  for  carrying  out  the  provisions  of  this  act, 
but  no  fee  shall  be  charged  for  issuing  such  certificates. 

An  age  and  schooling  certificate  shall  not  be  approved  unless  satisfactory 


124  AGE   AJVD    SCHOOLING   CERTIFICATE. 

evidence  is  furnished  by  the  last  school  census,  the  certificate  of  birth  or  bap- 
tism of  such  child,  the  public  register  of  birth  of  such  child,  or  in  some  other 
manner,  that  such  child  is  of  the  age  stated  in  the  certificate. 

A  duplicate  copy  of  each  age  and  schooling  certificate  granted  under  the 
provisions  of  this  act  shall  be  kept  by  the  person  issuing  such  certificate,  such 
copy  to  be  filed  with  the  county  superintendent  of  schools  in  the  county  where 
the  certificate  was  issued,  provided  that  all  such  copies  of  certificates  issued 
between  June  twenty-fifth  and  December  twenty-fifth  of  any  year  shall  be 
filed  not  later  than  December  thirty-first  of  such  year,  and  those  issued 
between  December  twenty-fifth  and  June  twenty-fifth  of  the  ensuing  year 
shall  be  filed  not  later  than  June  thirtieth  of  each  year.  Such  certificate  shall 
be  substantially  in  the  following  form,  to  wit: 

Age  and  Schooling  Certificate. 

This  certifies  that  I  am  the  (father,  mother,  or  guardian)  of  (name  of  child), 
and  that  (he  or  she)  was  born  at  (name  of  town  or  city),  in  the  county  of 
(name  of  county)  (if  known)  and  state  (or  country)  of  (name),  on  the  (day 
and  year  of  birth),  and  is  noAv  (number  of  years  and  of  months)  old. 

Signature  as  provided  in  this  act. 
Town  or  city,  and  date. 

There  personally  appeared  before  me  the  above-named  (name  of  person 
signing)  and  made  oath  that  the  foregoing  certificate  by  (him  or  her)  signed 
is  true  to  the  best  of  (his  or  her)  knowledge  and  belief. 

I  hereby  approve  the  foregoing  certificate  of  (name  of  child),  height  (feet 
and  inches),  complexion  (fair  or  dark),  hair  (color),  having  no  sufficient  reason 
to  doubt  that  (he  or  she)  is  of  the  age  therein  certified,  and  I  hereby  certify 
that  (he  or  she)  can  or  cannot  read  English  at  sight,  and  can  or  cannot 
write  legibly  simple  sentences  in  the  English  language. 

Signature  of  the  person  authorized  to  sign,  with  his  official  character  and 
authority. 
Town  or  city,  and  date. 

This  certificate  belongs  to,  the  person  in  whose  behalf  it  is  drawn,  and  it 
shall  be  surrendered  to  (him  or  her)  whenever  (he  or  she)  leaves  the  services 
of  the  person,  firm,  or  corporation  holding  the  same. 

The  certificate  as  to  the  birthplace  and  age  of  the  minor  under  sixteen  and 
over  fourteen  years  of  age  shall  be  signed  by  his  father,  his  mother,  his 
guardian;  if  a  child  has  no  father,  mother,  or  guardian  living  in  the  same 
city  or  town,  his  own  signature  to  the  certificate  may  be  accepted  by  the 
person  authorized  to  approve  the  same. 

Every  person  authorized  to  sign  the  certificate  prescribed  by  this  act,  who 
knowingly  certifies  to  any  false  statement  therein,  is  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  not  less  than  five  nor  more  than 
fifty  dollars,  or  imprisoned  not  more  than  thirty  days,  or  by  both  such  fine 
and  imprisonment. 

§  4.  Any  person,  firm,  corporation,  agent,  or  officer  of  a  firm  or  corpora- 
tion that  violates  or  omits  to  comply  with  any  of  the  foregoing  provisions  of 
this  act,  or  that  employs,  or  sufliers,  or  permits  any  minor  to  be  employed 
in  violation  thereof,  is  guilty  of  a  misdemeanor  and  shall,  on  conviction  thereof 


CHILDREN — EDUCATIONAL    RIGHTS.  125 

be  punished  by  a  fine  of  not  less  than  fifty  dollars  or  more  than  two  hundred 
dollars,  or  by  imprisonment  for  not  more  than  sixty  days,  or  by  both  such 
fine  and  imprisonment,  for  each  and  every  offense.  A  failure  to  produce 
any  age  and  schooling  certificate  or  permit,  or  to  post  any  notice  required 
by  this  act,  shall  be  prima  facie  evidence  of  the  illegal  employment  of  any 
person  whose  age  and  schooling  certificate  or  permit  is  not  produced,  or 
whose  name  is  not  so  posted.  Any  fine  collected  under  the  provisions  of  this 
act  shall  be  paid  into  the  school  funds  of  the  county,  or  city  and  county,  in 
which  the  offense  occurred. 

§  5.  Nothing  in  this  act  shall  be  construed  to  prohibit  the  employment  of 
minors  at  agricultural,  horticultural,  viticultural  or  domestic  labor,  during 
the  time  the  public  schools  are  not  in  session,  or  during  other  than  school 
hours. 

§  6.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor  sta- 
tistics to  enforce  the  provisions  of  this  act.  But  any  person  may  lay  an  infor- 
mation before  a  magistrate  of  the  commission  of  any  public  offense  defined  in 
this  act. 

§  7.     This  act  shall  take  effect  sixty  days  after  its  passage. 

The    foregoing    statute    evidently    super-  Duty  to  Tram  of  daug^er  infant  employees. 

sedes  the  Stats.  1901,  631,  ch.  CCV,  upon  the  — See   1   Am.    St.   Rep.    28. 
same   subject.  Violation    of    statute    prohibiting    entploy- 

See    new    section.    Stats.    1905.    ch.    LXXV;  ment   of   minors — Evidence   of   negligence. — 

KERR'S   CVC.  PEN.  CODE   §  273.   relative   to  See    61    L.    R.    A.    811. 

minors    entering    saloons,    gambling   houses,  Duration   daily  session. — Pol.    Code   §  1673. 

and  other  immoral  places.  School  month  defined. — Pol.  Code  §  1697. 

CHILDREN— EDUCATIONAL  RIGHTS  OF. 

To  enforce  the  educational  rights  of  children  and  providing  penalties  for  viola- 
tion of  the  act. 

(Stats.  1903,  388,  ch.  CCLXX;  amended  Stats.  1905,  388,  ch.  CCCXXXIII.) 

§  1.  Unless  excused  as  hereinafter  provided,  each  parent,  guardian,  or 
other  person,  in  the  state  of  California,  having  control  or  charge  of  any 
child  between  the  ages  of  eight  and  fourteen  years,  shall  be  required  to  send 
such  child  to  a  public  school,  during  the  time  in  which  a  public  school  shall  be 
in  session,  in  the  city  or  city  and  county  or  school  district  in  which  said  child 
resides;  provided,  that  should  it  be  shown  to  the  satisfaction  of  the  board 
of  education  of  the  city  or  city  and  county,  or  of  the  board  of  trustees  of 
the  school  district,  in  which  such  child  resides,  that  the  child's  bodily  or 
mental  condition  is  such  as  to  prevent  or  render  inadvisable  attendance  at 
school,  or  application  to  study,  a  certificate  from  any  reputable  physician 
that  the  child  is  not  able  to  attend  school,  or  that  its  attendance  is  inadvis- 
able, must  be  taken  as  satisfactory  evidence,  by  any  such  board,  or  that  such 
child  is  being  taught  in  a  private  school,  or  by  a  private  tutor,  or  at  home 
by  any  person  capable  of  teaching,  in  such  branches  as  are  usually  taught  in 
the  primary  and  grammar  schools  of  this  state ;  or  that  any  such  child  between 
the  age  of  twelve  and  fourteen  years  has  been  given  a  permit  to  work  by  the 
proper  judicial  officer  in  accordance  with  section  two  of  "An  act  regulating 
the  employment  and  hours  of  labor  of  children,  prohibiting  the  employment 


126  EDUCATIONAL,    RIGHTS— DUTIES    OP    PARENTS, 

of  minors  under  certain  ages,  prohibiting  the  employment  of  certain  illiterate 
minors,  providing  for  the  enforcement  hereof  by  the  commissioner  of  the 
bureau  of  labor  statistics  and  providing  penalties  for  the  violation  thereof," 
approved  February  twenty,  nineteen  hundred  and  five ;  or  that  no  public 
school  is  located  within  two  miles,  by  the  nearest  traveled  road,  of  the  resi- 
dence of  the  child;  or  that  the  child  has  completed  the  prescribed  grammar 
school  course;  then  it  shall  be  the  duty  of  such  board  of  education  or  board 
of  trustees,  upon  application  of  the  parent,  or  guardian,  or  other  person 
having  the  control  or  charge  of  such  child,  to  excuse  such  child  from  attend- 
ance at  school,  during  the  continuance  of  such  defect  or  condition  upon  which 
such  excuse  is  granted;  and  provided  further,  that  circumstances  rendering 
attendance  impracticable  or  dangerous  to  health,  owing  to  unusual  storm  or 
other  sufficient  cause,  shall  work  an  exemption  from  the  penalties  of  this 
act.  If  any  parent  or  guardian  or  other  person  having  control  or  charge  of 
any  such  child  presents  proof  to  such  board  of  education  or  board  of  trustees, 
by  affidavit,  that  he  is  unable  to  compel  such  child  to  attend  school,  said 
parent,  guardian,  or  other  person  shall  be  exempt  from  the  penalties  of  this 
act,  as  regards  the  subsequent  non-attendance  at  school  of  such  child,  and 
said  child  may,  in  the  discretion  of  such  board,  be  deemed  a  truant  and 
subject  to  assignment  to  the  parental  school.     [Amendment,  Stats.  1905,  388.] 

§  2.  Any  parent,  guardian,  or  other  person  having  control  or  charge  of 
any  such  child,  who  shall  fail  to  comply  with  the  provisions  of  this  act,  shall, 
unless  excused  or  exempted  therefrom  as  hereinbefore  provided,  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  liable,  for  the  first 
offense,  to  a  fine  of  not  more  than  ten  dollars  or  to  imprisonment  for  not  more 
than  five  days,  and  for  each  subsequent  offense  he  shall  be  liable  to  a  fine  of 
not  less  than  ten  nor  more  than  fifty  dollars,  or  to  imprisonment  for  not  less 
than  five  days  nor  more  than  twenty-five  days,  or  to  both  such  fine  and  impris- 
onment. 

§  3.  The  board  of  education  of  any  city  or  city  and  county,  or  the  board 
of  trustees  of  any  school  district,  shall,  on  the  complaint  of  any  person,  make 
full  and  impartial  investigation  of  all  charges  against  parents  or  guardians 
or  other  persons  having  control  or  charge  of  any  such  child,  for  violation  of 
any  of  the  provisions  of  this  act.  If  it  shall  appear  upon  such  investigation 
that  any  such  parent  or  guardian  or  other  person  has  violated  any  of  the  pro- 
visions of  this  act,  it  is  hereby  made  the  duty  of  the  secretary  of  such  board 
of  education,  except  as  hereinafter  provided,  or  the  clerk  of  such  board  of 
trustees,  to  make  and  file  in  the  proper  court  a  criminal  complaint  against 
such  parent,  guardian  or  other  person,  charging  such  violation,  and  to  see 
that  such  charge  is  prosecuted  by  the  proper  authorities;  provided,  that  in 
cities,  and  cities  and  counties  having  an  attendance  officer  or  officers,  such 
officer  or  officers  shall,  under  the  direction  of  the  board  of  education,  or  the 
city  superintendent  of  schools,  make  and  file  such  complaint,  and  see  that 
such  charge  is  prosecuted  by  the  proper  authorities. 

§  4.  The  board  of  education  of  any  city,  or  city  and  county,  may  appoint 
and  remove  at  pleasure  one  or  more  attendance  officers  of  such  city,  or  city 
and  county,  and  shall  fix  their  compensation,  not  exceeding  one  thousand  dol- 


ARRBST    OP    TRUANTS — PARENTAL     SCHOOL.  12y 

lars  per  annum  for  any  such  officer,  payable  from  the  county  or  special  school 
fund  of  such  city  or  city  and  county,  and  shall  prescribe  their  duties,  not 
inconsistent  with  law,  and  make  rules  and  regulations  for  the  performance 
thereof;  provided,  that  in  any  city,  or  city  and  county,  containing  less  than 
twenty  thousand  school  census  children,  not  more  than  one  attendance  officer 
shall  be  appointed,  and  in  any  city,  or  city  and  county,  containing  more  than 
twenty  thousand  school  census  children,  not  more  than  one  attendance  officer 
shall  be  appointed  for  each  twenty  thousand  school  census  children,  or  frac- 
tion greater  than  one  half  thereof. 

§  5.  It  shall  be  the  duty  of  the  attendance  officer  to  arrest  during  school 
hours,  without  warrant,  any  child  between  eight  and  fourteen  years  of  age, 
found  away  from  his  home,  and  who  has  been  reported  to  him  by  the  teacher, 
the  superintendent  of  schools,  or  other  person  connected  with  the  school 
department  as  a  truant  from  instruction  upon  which  he  is  lawfully  required 
to  attend  within  the  city,  or  city  and  county.  He  shall  forthwith  deliver  the 
child  so  arrested  either  to  the  parent,  guardian  or  other  person  having  control 
or  charge  of  such  child,  or  to  the  teacher  from  whom  said  child  is  then  a 
truant,  or  if  such  child  shall  have  been  declared  an  habitual  truant,  he  shall 
bring  such  child  before  a  magistrate  for  commitment  by  him  to  a  parental 
school,  as  provided  in  this  act.  The  attendance  officer  shall  report  promptly 
such  arrest,  and  the  disposition  made  by  him  of  such  child,  to  the  school 
authorities  of  such  city,  or  city  and  county.  Any  child  may  be  reported  as 
a  truant,  in  the  meaning  of  this  act,  who  shall  have  been  absent  from  school 
without  valid  excuse  more  than  three  days  or  tardy  on  more  than  three  days, 
any  absence  for  a  part  of  a  day  being  regarded  as  a  tardiness.  Any  child  who 
has  once  been  reported  as  a  truant  and  who  is  again  absent  from  school,  with- 
out valid  excuse,  one  or  more  days,  or  tardy  on  one  or  more  days,  may  again 
be  reported  as  a  truant.  Any  child  may  be  deemed  an  habitual  truant  who 
shall  have  been  reported  as  a  truant  three  or  more  times.  Any  child  who 
has  once  been  declared  an  habitual  truant  and  who,  in  a  succeeding  year,  is 
reported  as  a  truant  from  school  one  or  more  days  or  tardy  on  one  or  more 
days  without  valid  excuse,  may  be  again  declared  an  habitual  truant. 

§  6.  The  board  of  education  of  any  city,  or  city  and  county,  may  establish 
schools  in  a  manner  hereinafter  prescribed,  or  set  apart  rooms  in  public 
school  buildings  for  children  between  eight  and  fourteen  years  of  age,  who 
are  habitual  truants  from  instruction  upon  which  they  are  lawfully  required 
to  attend,  or  who  are  insubordinate  or  disorderly  during  their  attendance  upon 
such  instruction,  or  irregular  in  such  attendance.  Such  school  or  room  shall 
be  known  as  a  parental  school.  A  parental  school,  as  herein  designated  and 
provided  for,  shall  be  one  of  the  primary  and  grammar  schools  of  the  city, 
or  city  and  county,  and  the  teachers  therein  shall  have  the  same  qualifications 
and  be  employed  and  paid  in  the  same  manner  as  in  other  primary  and  gram- 
mar schools ;  but  such  parental  school  shall  be  established  and  maintained  spe- 
cially for  the  instruction  therein  of  such  pupils,  between  the  ages  of  eight  and 
fourteen  years,  as  shall  be  committed  thereto  as  provided  in  this  act,  and  no 
pupil  shall  be  committed  to,  or  required  to  attend,  such  school,  except  as  in 
this  act  provided.  Said  board  of  education  may  make  such  special  rules 
and  regulations  for  the  government  of  a  parental  school  as  shall  be  consistent 


128  TRUANT'S   UOMU— VIOLATION    OF. 

with  the  provisions  and  purposes  of  this  act  and  not  contrary  to  law.     Such 
bofird  may  provide  for  the  detention,  maintenance  and  instruction  of  such 
cliildr(!n  in  such  schools;  and  such  board  or  the  city  superintendent  of  schools 
in  any  city,  or  city  and  county,  may,  after  reasonable  notice  to  any  such 
child,  and  an  opportunity  for  the  child  to  be  heard,  and  with  the  consent  of 
the  parent,  guardian  or  other  person  having  control  or  charge  of  such  child, 
order  such  child  to  attend  such  school,  or  to  be  detained  and  maintained 
therein  for  such  period  and  under  such  rules  and  regulations  as  such  board 
may  prescribe,  not  exceeding  the  remainder  of  the  school  year.     If  such  parent, 
gnardijui,  or  person  having  control  or  charge  of  such  child  shall  not  consent 
to  such  order,  such  child  may  be  proceeded  against  under  this  act.     If  any 
child,  in  any  city,  or  city  and  county  in  which  a  parental  school  shall  be 
established,   shall   be   an   habitual   truant,   or  be   irregidar   in   attendance   at 
school,  within  the  meaning  of  these  terms  as  defined  in  this  act,  or  shall  be 
insubordinate  or  disorderly  during  attendance  at  school,  it  shall  be  the  duty 
of  the  attendance  officer,  or  of  the  secretary  of  the  board   of  education  if 
there  be  no  attendance  officer,  to  make   and  file  a  complaint  against  such 
child,  in  the  proper  court,  charging  the  fact,  and  to  see  that  such  charge  is 
prosecuted  by  the  proper  authority;  and  if  the  court,  upon  the  hearing  of  such 
complaint,  shall  find  that  such  charge  is  sustained,  the  court  shall  render 
judgment  that  such  child  be  committed  to,  and  be  detained  and  maintained 
in,  a  parental  school  in  such  city,  or  city  and  county,  for  a  term  not  to  exceed 
the   remainder   of   the   current   school   year;   provided,    that   if   the    parent, 
guardian  or  other  person  having  control  or  charge  of  such  child  shall,  within 
three  days  after  the  rendition  of  such  judgment,  execute  a  good  and  sufBcient 
bond  to  the  board  of  education  of  the  city  or  city  and  county  in  which  said 
court  is  situated,  with  sufficient  sureties,  in  the  sum  of  two  hundred  dollars, 
conditioned  that  such  child  will,  during  the  remainder  of  such  current  school 
year,  regularly  aftend  some  i)iiblic  or  private  school  in  such  city,  or  city  and 
county,  and  not  be  insubordinate  or  disorderly  during  such  attendance,  such 
bond  to  be  appi'oved  l)y  llie  judge  of  said  court  and  be  filed  with  the  secre- 
tary of  the  board  of  education,  then  such  court  shall  make  an  order  suspending 
tbe  exeeiitioii  of  such  Judgment  so  long  as  tlie  coiidilion  of  such  bond  shall 
be  complied  with.     If  the  condition  of  such  l)oiul  l»e  violated,  such  court,  upon 
receiving  satisfactory   evidence  of  the  fact  in   any   acfion    brought  therefor, 
sball  make  an  order  declaring  such  bond  forfeited  and  directing  such  judg- 
ment to  be  thenceforth  enforced.     Such  board  of  education  may,  at  any  time 
within  one  year  after  any  such  bond  sball  be  declared  forfeited,  have  execu- 
tion   issued   against  any   or   all   of  the   parties  to   such   l)ond,   to   collect  the 
amount  thereof;  and  all  moneys  paid  or  collected  on  such  bond  sball  be  paid 
over  to  the  parental  scliool  fund  of  such  city,  or  city  and  county.     No  fees 
shall  be  charged  or  received  by  any  court  or  officer  in  any  proceeding  under 
this  section.     The  confinement  of  any  child  in  a  parental  school  shall  be  con- 
ducted with  a  view  to  the  imi)rovement  of  the  child  and  to  its  restoration,  as 
soon   as  practicable,  to  the  school   which  he  would,   if  not  so   confined,   be 
required  to  attend.     The  city  superintendent  of  schools,  or,  if  there  be  no  city 
superintendent,  the  board  of  education  of  any  city,  or  city  and  county,  shall 
have  authority,   in   their   discretion,   to  parole   at   any  time   any   child    com- 


PARENTAL     SCHOOL— TAX   LEVY   FOR.  128 

mitted  to,  or  ordered  to  attend,  a  parental  school,  except  when  such  commit- 
ment shall  be  by  judgment  or  order  of  a  court;  and  when  such  commitment 
of  any  child  shall  be  by  judgment  or  order  of  a  court,  such  court  may,  on 
the  recommendation  of  the  city  superintendent  of  schools,  or  the  board  of 
education,  make  an  order  paroling  such  child,  upon  such  terms  and  conditions 
as  shall  be  specified  in  the  order.  The  expense  incurred  by  any  city,  or  city 
and  county,  in  purchasing  or  renting  a  school  site,  erecting  or  renting  a 
building  and  equipping  the  same,  for  the  maintenance  of  a  parental  school, 
shall  be  paid  out  of  funds  other  than  those  collected  for  the  maintenance  of 
schools.  The  salaries  of  teachers  and  the  expense  for  all  school  supplies  in 
a  parental  school  shall  be  paid  out  of  the  same  funds  from  which  similar 
salaries  and  expense  are  paid  for  primary  and  grammar  schools,  but  all  other 
expense  incurred  in  the  maintenance  of  such  parental  schools  shall  be  paid 
out  of  the  parental  school  fund. 

§  7.  "Whenever  any  board  of  education  shall  determine  that  it  is  necessary 
or  expedient  for  the  city  or  city  and  county  to  establish  and  maintain  a 
parental  school,  said  board  shall  furnish  to  the  city  council,  or  other  governing 
body  of  such  city  or  city  and  county,  all  necessary  and  required  information 
and  statistics,  and  if,  after  consideration,  such  city  council  or  other  governing 
body  grants  its  consent  for  the  establishment  of  such  parental  school,  then  the 
board  of  education  shall  furnish  to  the  authorities  whose  duty  it  is  to  levy 
taxes  in  such  city,  or  city  and  county,  thirty  days  before  the  time  specified 
by  law  for  fixing  the  annual  tax  rate,  an  estimate  of  the  cost  of  purchasing  or 
renting  a  suitable  site,  and  also  an  estimate  of  the  cost  of  renting  or  erecting 
a  suitable  building  and  equipping  the  same  for  occupancy  as  a  parental  school, 
and  the  cost  to  the  city  or  city  and  county,  other  than  for  salaries  of  teachers 
and  for  school  supplies,  of  conducting  the  school  for  the  remainder  of  the 
current  school  year.  When,  pursuant  to  such  consent  by  such  governing  body, 
such  estimates  shall  have  been  so  made  and  furnished  by  the  board  of  educa- 
tion of  any  city,  or  city  and  county,  it  is  hereby  made  the  duty  of  the 
authorities  whose  duty  it  shall  be  to  levy  taxes  in  such  city,  or  city  and 
county,  at  the  time  of  levying  the  taxes,  to  levy  a  special  tax  upon  all  taxable 
property  of  said  city,  or  city  and  county,  sufficient  in  its  judgment  to  provide 
the  facilities  requested  by  the  board  of  education,  and  for  which  such  esti- 
mates shall  have  been- so  furnished.  It  shall  be  the  duty  of  the  board  of 
education,  yearly,  thereafter,  to  present  to  the  authorities  of  the  city,  or  city 
and  county,  whose  duty  it  is  to  levy  taxes,  on  or  before  the  first  IMonday  in 
July,  an  estimate  of  the  moneys  required  for  conducting  the  parental  school 
for  the  school  year,  other  than  for  the  salaries  of  teachers  and  for  school  sup- 
plies. When  such  estimate  shall  have  been  so  presented,  it  shall  be  the  duty 
of  the  said  authorities  to  levy  a  special  tax  upon  the  taxable  property  of  said 
city,  or  city  and  county,  sufficient  to  maintain  such  school  for  the  year,  exclu- 
sive of  salaries  of  teachers  and  expense  of  school  supplies.  All  taxes  in  this 
act  provided  for  shall  be  computed,  entered  upon  the  tax  roll  and  collected. 
in  the  same  manner  as  other  taxes  are  computed,  entered  and  collected,  and 
when  collected  shall  be  placed  in  a  separate  fund,  to  be  known  as  the 
"parental  school  fund,"  and  shall  be  paid  out  on  the  order  of  the  board  of 
education  for  the  purposes  set  forth  in  this  act ;  provided,  that  all  moneys 

Gen.  Laws — 9 


130  UNITING    OF    DISTRICTS — MANNER    OF. 

SO  collected  for  the  purchase  of  sites  or  buildings,  or  the  erection  or  equipment 
of  buildings  for  parental  school  purposes,  shall  be  placed  in  a  separate  fund, 
to  be  known  as  the  "parental  school  building  fund,"  and  shall  be  used  solely 
for  the  purpose  or  purposes  for  which  collected,  except  that  after  such  pur- 
pose or  purposes  shall  have  been  fully  accomplished,  the  residue  of  such  fund, 
if  any,  may  be  transferred  to  said  parental  school  fund. 

§  8.  Two  or  more  school  districts  or  cities  may  unite  in  the  following  man- 
ner, to  form  a  joint  district  for  the  maintenance  of  a  joint  parental  school. 
When  any  board  of  education  or  board  of  school  trustees  has  secured,  in  the 
manner  as  set  forth  in  section  seven  of  this  act,  the  consent  of  the  legislative 
body  of  the  city  or  school  district,  in  which  said  board  of  education  or  board  of 
school  trustees  holds  office,  for  the  union  of  two  or  more  districts  to  form  a 
joint  parental  school  district,  said  board  of  education  or  board  of  trustees 
shall  transmit  such  information  to  the  board  of  supervisors  of  the  county  of 
which  said  city  or  school  district  or  districts  forms  a  part,  setting  forth  at 
the  same  time  the  cities  or  districts  with  which  said  city  or  district  seeks  to 
unite  for  the  maintenance  of  a  joint  parental  school.  When  such  information 
has  been  received  by  the  board  of  supervisors  from  all  the  cities  or  school  dis- 
tricts seeking  to  be  united,  it  is  hereby  made  the  duty  of  the  board  of  super- 
visors, by  resolution,  to  declare  such  cities  or  school  districts  united  for  the 
maintenance  of  a  joint  parental  school,  to  be  known  as  the  joint  parental  school 
district  of  (give  the  names  of  the  school  districts  uniting).  When  the  districts 
have  been  so  united,  the  boards  of  education  or  boards  of  trustees  of  the  cities 
or  school  districts  so  uniting  shall  appoint  a  board  of  trustees  for  the  joint 
parental  school  district,  to  consist  of  five  members,  (unless  the  number  of 
cities  or  school  districts  uniting  exceeds  five),  who  shall  be  appointed  from  the 
membership  of  the  boards  of  the  several  districts  or  cities  uniting,  by  the 
respective  boards  in  approximate  proportion  to  the  census  children  between 
five  and  seventeen  years  of  age,  in  the  districts  uniting;  provided  however,  that 
each  district  shall  be  represented  by  at  least  one  member  on  the  board  of  trus- 
tees of  the  joint  parental  school  district.  The  members  so  appointed,  to  serve 
for  the  remainder  of  the  term  of  office  for  which  they  were  elected  on  their 
respective  boards  of  education  or  boards  of  triLstees,  and  when  vacancies  occur 
on  said  board  of  trustees  of  joint  parental  school  districts,  they  shall  be  filled  by 
the  board  making  the  original  appointment.  The  superintendent  of  schools  of 
each  of  the  cities  or  school  districts  uniting,  shall  be  ex  officio  members  of  the 
board  of  trustees  of  the  joint  parental  school  district,  without  the  right  to  vote. 
In  the  management  of  a  parental  school  within  a  school  district,  city,  or  city 
and  county,  the  right  to  transport  pupils  to  and  from  school  at  public  expense, 
when,  in  the  judgment  of  the  board  of  education,  or  board  of  school  trustees, 
the  interest  of  the  pupil  demands  it,  is  hereby  conferred  upon  such  boards. 
All  the  powers  and  duties  by  anj^  section  of  this  act  conferred  or  imposed  upon 
the  boards  of  school  trustees  or  boards  of  education  of  any  city,  or  city  and 
county,  in  the  management  of,  and  the  securing  of,  funds  for  a  parental  school 
within  a  city  or  school  district,  are  hereby  conferred  upon  and  imposed  upon 
the  board  of  trustees  of  any  joint  parental  school  district  in  the  management 
of  and  the  securing  of  funds  for  the  support  of  a  joint  parental  school ;  pro- 
vided  however,  that  in  estimating  the  expense  of  maintenance  of  a  joint  parental 


JOINT  PARENTAL  SCHOOL — DEAF  AND  DUMB,  ETC.  '  131 

school  the  amount  of  money  needed  for  the  payment  of  teachers'  salaries  and 
for  the  furnishing  of  school  supplies,  shall  be  included  in  the  estimate  of 
expenses;  and  provided  further,  that  the  estimates  shall  be  transmitted  to  the 
board  of  supervisors  of  the  county  of  which  the  joint  parental  school  district 
forms  a  part.  "When  such  estimates  shall  have  been  so  transmitted,  it  is  hereby 
made  the  duty  of  the  board  of  supervisors  to  levy  a  special  tax  upon  the  taxable 
property  within  the  boundaries  of  the  joint  parental  school  district,  suflEicient 
to  provide  the  facilities  requested  by  the  board  of  trustees  of  the  joint  parental 
school  district,  and  for  which  such  estimate  shall  have  been  furnished,  and 
yearly  thereafter  when  the  estimates  of  the  total  expense  of  the  maintenance  of 
the  joint  parental  school  and  increased  facilities  shall  have  been  furnished  the 
board  of  supervisors,  it  shall  be  the  duty  of  said  board  to  levy  a  special  tax 
sufficient  to  maintain  the  school  for  the  year.  All  taxes  in  this  act  provided 
shall  be  computed  and  entered  upon  the  tax  roll  and  collected  in  the  manner 
prescribed  for  the  collection  of  taxes  in  section  seven  of  this  act ;  provided,  that 
all  moneys  so  collected  shall  be  collected  by  the  county  tax  collector  and  appor-' 
tioned  to  the  credit  of  the  joint  parental  school  district,  and  placed  in  the  fund 
for  which  they  were  specially  collected.  If  for  sites  or  buildings,  to  be  placed 
in  a  fund  known  as  the  joint  parental  school  building  fund,  to  be  used  exclu- 
sively for  the  purposes  for  which  they  were  collected,  the  same  as  set  forth  in 
section  seven  of  this  act.  The  board  of  trustees  of  joint  parental  school  dis- 
tricts shall  organize,  by  the  election  of  one  of  their  number  as  chairman,  and 
by  the  election  of  a  secretary  who  shall  be  the  city  superintendent  of  schools, 
or  the  secretary  of  a  board  of  education  or  the  clerk  of  one  of  the  boards  of 
education  or  boards  of  trustees  of  the  cities,  or  school  districts  united,  and  such 
secretary  shall  serve  without  additional  salary.  All  moneys  in  a  joint  parental 
school  fund  shall  be  paid  out  on  the  order  of  the  board  of  trustees  of  the  joint 
parental  school  district  for  the  purposes  herein  set  forth,  and  in  the  same 
manner  that  funds  are  paid  from  the  ordinary  school  funds  of  a  school  district. 

§  9.  All  fines  paid  as  penalties  for  the  violation  of  any  of  the  provisions  of 
this  act  shall,  when  collected  or  received,  be  paid  over  by  the  justice  or  officer 
receiving  the  same  to  the  treasurer  of  the  city,  or  city  and  county,  in  which  the 
offense  was  committed,  to  be  placed  to  the  credit  of  the  parental  school  fund 
of  such  city,  or  city  and  county,  if  there  be  such  a  fund,  otherwise  to  the  credit 
of  the  general  school  fund  of  such  city,  or  city  and  count^%  or  to  the  county 
treasurer,  to  be  placed  to  the  credit  of  the  school  fund  of  the  school  district  in 
which  the  offense  was  committed. 

§  10.  Any  parent  or  guardian  of  any  deaf,  dumb,  or  blind  child,  legally 
entitled  to  admission  to  said  institution,  shall  send  such  child  to  said  institu- 
tion until  such  child  shall  have  been  therein  for  five  years,  or  shall  have  reached 
the  age  of  majority,  unless  such  child  shall  be  excused  from  such  attendance 
by  the  board  of  education  or  board  of  trustees  of  the  city,  city  and  county,  or 
school  district  in  which  such  child  resides,  for  the  reason  that  the  child's  bodily 
or  mental  condition  is  such  as  to  prevent  or  render  inadvisable  attendance  at 
said  institution,  or  for  the  reason  that  such  child  is  receiving  proper  instruc- 
tion at  home  or  in  some  public  or  private  school.  Any  parent  or  guardian 
failing  to  comply  with  the  requirements  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and  be  punishable  as  provided  in  section  two  of  this  act. 


ISa  FEEBLE-MINDED    CHILDREN — LIQ,UORS. 

§  11.  Any  justice  of  the  peace,  or  recorder  of  the  city  or  city  and  county  or 
any  justice  of  the  peace  of  the  township  in  which  the  school  district  is  located, 
or  in  which  the  offense  is  committed,  shall  have  jurisdiction  of  all  offenses  com- 
mitted under  the  provisions  of  this  act. 

§  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  July  first, 
nineteen  hundred  and  three. 

§  13.  An  act  entitled  an  act  to  enforce  the  educational  rights  of  children, 
approved  March  twenty-eighth,  eighteen  hundred  and  seventy-four,  and  all 
acts  and  parts  of  acts  in  conflict  with  any  of  the  provisions  of  this  act  are  hereby 
repealed. 

See   former   Act   of  1873-4,    751,   ch.   DXVI. 

CHILDREN— CRUELTY  TO. 

For  the  incorporation  of  societies  for  the  prevention  of  cruelty  to  children. 
(Stats.  1875-6,  830,  ch.  DXLIX.) 

This  statute,  with  others  relating-  to  cruelty,  etc.,  to  children,  has  been  carried  into  the 
Civil  Code  by  Stats.  1905,  590,  ch.  CDXXXIV.     See  KERR'S  CYC.  CIVIL  CODE  §§  607-607g:. 

CHILDREN— FEEBLE  MINDED. 

The  institution  for  care  of  feeble-minded  Stats,  of  1885,  198,  and  1887,  69,  also  subse- 

children  was  established  by  Stats.  1885,  198,  quent   Stats.    1897,    251,   as   to   epileptics,   are 

ch.  CLVI,  and  the  trustees  were  authorized  considered   in   State   vs.   County   of  Sonoma, 

to  receive  from  the  "California  Association  139  Cal.  264,  26G,   72  Pac.  Rep.  1003. 

for  the  Care  and  Training  of  Feeble-Minded  Purchase   of   permanent   site:    Stats.    1889, 

Children"  the  pupils  then  under  the  care  of  <9,    ch.    LXXV. 

that  association.     As  will  be  seen  hereafter  People  vs.  Dunn,   80  Cal.  211,   212,   13  Am. 

in    this    note,    the    "Home"    first    purchased  gt.  Rep.  118,  22  Pac.  Rep.  140;  cited  in  Peo- 

property  in  Santa  Clara  County,  but  it  was  pie  vs.  Counts,   89  Cal.   15,   19,   26   Pac.   Rep. 

later    established    at    Eldridge,    in    Sonoma  (512. 

County.  These  decisions  relate  particularly  to  the 

The  legislature  of  1903  placed  this,  among  "title"   of  the  act,    in   connection   with   §  34, 

other  institutions,  under  the  control  of  the  g^j.^    jy^  Constitution. 

"commission    in   lunacy,"   and   it    is    deemed  g^^j^  '^,  ^^^^^  j,,„^^  property.— See  Stats, 

sufficient  here  to  cite  the  statutes  relating  j^g^    ^33    p,^    ^.^^    ^^^^  ^9^3^  3^9^  ^,j^    CCXLI. 

to    the    former    management    of    the    Home,  Admi-^.slon    of    epileptics,    etc.— See    Stats, 

without    publishing    them    at    length       See  gsi.    ch.    CLXXVIII;    and    see   KERR'S 
KERR'S    CYC.    POL.    CODE    §2145,    subd.    6 


CYC.  POL.  CODE   §2145. 

Right  of  way  over. — See   Stats.    1893,    277, 
ch.   CXCV. 


and  the   general  provisions   associated   with 
that   section. 

STATUTES — General     government:      1887, 
€9,   ch.   LVII,   repealing  1885,    198;    1889,    155,  For    general    subject    of    children,    consult 

ch.   CXLIX;    1901.    795,   ch.   CCXXXVII.     The        Schools;  Vaccination. 


CHILDREN— LIQUORS. 

To  prevent  the  selling,  giving,  or  delivering  intoxicating  liquors  to  minor 
children,  and  to  prevent  minor  children  visiting  saloons  or  public  houses 
where  intoxicating  liquors  are  sold. 

(Stats.  1903,  319,  ch.  CCXL.) 

This    statute    has    been    carried    Into    the  Former    stntutco    upon    thl.i    wnbject    are: 

Penal    Code    by    Stats.    1905,    673,    ch.    DXIV.        1871-2,    231.    ch.    CLXXXVIII.    and    1891,    91, 
Sea    KERR'S    CYC.    PEN.    CODE    §  397b.  ch.   LXXXVII. 


ORPHAN    AND    ABANDONED    CHILDREN,  133 

CHILDREN— ORPHANS. 

To  provide  for  the  appointment  of  guardians  of  children  maintained  in  any 

orphans'  home  or  orphan  asylum  in  this  state. 

(Stats.  1893,  203,  eh.  CLXXII.) 

§  1.  When  any  orphan  or  half-orphan  has  been  maintained  in  any  orphans' 
asylum  or  orphans'  home  in  the  state  of  California  for  more  than  one  year,  the 
managers  of  said  home  or  asylum  shall  be  entitled  to  the  guardianship  of  such 
child  in  preference  to  any  other  person;  provided,  however,  that  such  managers 
shall  not  be  appointed  guardian  of  a  minor  child  over  fourteen  years  of  age 
without  its  consent,  nor  shall  this  act  preclude  the  court  of  competent  jurisdic- 
tion from  inquiring  into  the  fitness  of  such  managers  for  the  guardianship  of 
such  children;  but  in  exercising  the  power  of  the  court  to  appoint  guar- 
dians for  minors,  the  managers  of  the  home  having  the  care  of  such  child  for 
more  than  one  year  shall,  if  there  be  no  special  reasons  to  the  contrary  in  any 
particular  case,  be  preferred  in  the  guardianship  of  the  person  of  the  child  to 
the  parent  so  leaving  the  child,  wdthout  good  cause  therefor  being  shown, 
under  the  care  of  said  home  for  the  said  time. 

§  2.     This  act  shall  take  effect  immediately. 

See  KERR'S   CYC.  CIVIL.   CODE   §  224,   as  It  is  not  clear  that  this  statute  has  been 

amended   in   1903,   and   §  246  lb.,   as  amended       entirely    superseded    by    the    new    legisla- 
•by  Stats.   1905,   728,   ch.   DLXII.  tion. 

CHILDREN— ORPHAN  AND  ABANDONED. 

In  relation  to  the  care  of  orphan  and  abandoned  children. 
(Stats.  1873-4,  297,  ch.  CXCIX;  amendment  1877-8,  82,  ch.  LXVII.) 

The  penal  provisions  of  this  statute,  §§  1.  2,  728,    ch.    DLXII.      See    KERR'S    CYC.    CIVIL 

tire    carried    into    the    Penal    Code    by    Stats.  CODE   §  246   subd.    4. 

1905,    75S,   ch.   DLXVIII.      See   KERR'S    CYC.  See     Stats.     1893.     203,     ch.     CLXXII,     tit. 

PEN.   CODE    §§  270-271a.  Guardianship,      post;      and      KERR'S      CYC. 

The    remainder    of    the    statute,    §§  3,    4,    is  CIVIL   CODE   §  224. 
■carried  into   the   Civil  Code   by  Stats.    1905, 

CHILDREN— SELLING,  ETC. 

Relating  to  children. 
(Stats.  1877-8,  813,  ch.  DXXI.) 

This  statute,  together  with  others,  re-  Civil  Code  by  Stats.  1905,  590,  ch.  CDXXXIV, 
lating-  to  societies  for  prevention  of  cruelty  under  a  new  title,  Xlla  of  Part  IV.  See 
to  children  and  animals,  is  carried  into  the       KERR'S   CYC.   CIVIL   CODE   §§  607-607g. 

CHILDREN— WRONGS  TO. 

For  the  protection  of  children  and  to  prevent  and  punish  certain  wrongs  to 

children. 

(Stats.  1877-8,  812,  ch.  DXX.) 

This  statute,  with  others  relating-  to  cru-  Part  IV,  by  Stats.  1905.   590.  ch.  CDXXXIV. 

•elty  to  children   and   animals,    and   societies  See  KERR'S   CYC.  CIVIL   CODE   §§  607-607g. 

for    prevention    of    same,    has    been    carried  Selling    liquor    to    minors.  —  See    KERR'S 

4nto  the  Civil  Code  in  a  new  title,  Xlla  of  CYC.  PEN.  CODE  §  397b. 

CHINESE. 
See  Asiatics. 

CIVIL  RIGHTS. 

See   Rights  of  Persons. 


134  CLEAR    LAKE   NAVIGABLE — COAL    MINES. 

CLEAR  LAKE— LAKE  COUNTY. 

To  declare  Clear  Lake,  in  Lake  County,  navigable. 
(Stats.  1877-8,  630,  ch.  CCCCXXV.) 

§  1.  Clear  Lake,  in  Lake  County,  in  the  state  of  California,  is  hereby 
[declared]  navigable.  Nothing  herein  contained  shall  be  deemed  to  interfere 
with  rights  of  swamp  or  overflowed  land  owners  and  claimants  around  the 
margin  of  said  lake  to  reclaim  the  same,  as  now  authorized  and  provided  for 
by  law. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  KERR'S  CYC.  POL.  CODE  §§2348,   2349. 

COAL  MINES. 

For  the  protection  of  coal  mines  and  coal  miners. 
(Stats.  1873-4,  726,  ch.  CCCCXCVIIL) 

§  1.  The  owner  or  agent  of  every  coal  mine  shall  make  or  cause  to  be  made 
an  accurate  map  or  plan  of  the  workings  of  such  coal  mine,  on  a  scale  of  one 
hundred  feet  to  the  inch. 

§  2.  A  true  copy  of  which  map  or  plan  shall  be  kept  at  the  office  of  the 
'owner  or  owners  of  the  mine,  open  to  the  inspection  of  all  persons,  and  one  copy 
of  such  map  or  plan  shall  be  kept  at  the  mines  by  the  agent  or  other  person  hav- 
ing charge  of  the  mines,  open  to  the  inspection  of  the  workmen. 

§  3.  The  owner  or  agent  of  every  coal  mine  shall  provide  at  least  two  shafts, 
or  slopes,  or  outlets,  separated  by  natural  strata  of  not  less  than  one  hundred 
and  fifty  feet  in  breadth,  by  which  shafts,  slopes,  or  outlets  distinct  means  of 
ingress  and  egress  are  always  available  to  the  persons  employed  in  the  coal 
mine ;  provided,  that  if  a  new  tunnel,  slope,  or  shaft  will  be  required  for  the 
additional  opening,  work  upon  the  same  shall  commence  immediately  after  the 
passage  of  this  act,  and  continue  until  its  final  completion,  with  reasonable 
dispatch. 

§  4,  The  owner  or  agent  of  every  coal  mine  shall  provide  and  establish  for 
every  such  mine  an  adequate  amount  of  ventilation,  of  not  less  than  fifty-five 
cubic  feet  per  second  of  pure  air,  or  thirty-three  hundred  feet  per  minute,  for 
every  fifty  men  at  work  in  such  mine,  and  as  much  more  as  circumstances  may 
require,  which  shall  be  circulated  through  to  the  face  of  each  and  every  working 
place  throughout  the  entire  mine,  to  dilute  and  render  harmless  and  expel  there- 
from the  noxious,  poisonous  gases,  to  such  an  extent  that  the  entire  mine  shall 
be  in  a  fit  state  for  men  to  work  therein,  and  be  free  from  danger  to  the  health 
and  lives  of  the  men  by  reason  of  said  noxious  and  poisonous  gases,  and  all 
workings  shall  be  kept  clear  of  standing  gas. 

§  5.  To  secure  the  ventilation  of  every  coal  mine,  and  provide  for  the  health 
and  safety  of  the  men  employed  therein,  otherwise  and  in  every  respect,  the 
owner,  or  agent,  as  the  case  may  be,  in  charge  of  every  coal  mine,  shall  employ 
a  competent  and  practical  inside  overseer,  who  shall  keep  a  careful  watch  over 
the  ventilating  apparatus,  over  the  airways,  the  traveling  ways,  the  pumps  and 
sumps,  the  timbering,  to  see  as  the  miners  advance  in  their  excavations  that  all 


COAL    MINES— CODE    COBIMISSION.  135 

loose  coal,  slate,  or  rock  overhead  is  carefully  secured  against  falling;  over  the 
arrangements  for  signaling  from  the  bottom  to  the  top,  and  from  the  top  to  the 
bottom  of  the  shaft  or  slope,  and  all  things  connected  with  and  appertaining  to 
the  safety  of  the  men  at  work  in  the  mine.  He,  or  his  assistants,  shall  examine 
carefully  the  workings  of  all  mines  generating  explosive  gases,  every  morning 
before  the  miners  enter,  and  shall  ascertain  that  the  mine  is  free  from  danger, 
and  the  workmen  shall  not  enter  the  mine  until  such  examination  has  been 
made  and  reported,  and  the  cause  of  danger,  if  any,  be  removed. 

§  6.  The  overseer  shall  see  that  the  hoisting  machinery  is  kept  constantly  in 
repair  and  ready  for  use,  to  hoist  the  workmen  in  or  out  of  the  mine. 

§  7.     The  word  "owner"  in  this  act  shall  apply  to  lessee  as  well. 

§  8.  For  any  injury  to  person  or  property  occasioned  by  any  violation  of 
this  act,  or  any  wilful  failure  to  comply  with  its  provisions,  a  right  of  action 
shall  accrue  to  the  party  injured  for  any  direct  damages  he  or  she  may  have 
sustained  thereby,  before  any  court  of  competent  jurisdiction. 

§  9.  For  any  wilful  failure  or  negligence  on  the  part  of  the  overseer  of  any 
coal  mine,  he  shall  be  liable  to  conviction  of  misdemeanor,  and  punished  accord- 
ing to  law;  provided,  that  if  such  wilful  failure  or  negligence  is  the  cause  of 
the  death  of  any  person,  the  overseer,  upon  conviction,  shall  be  deemed  guilty 
of  manslaughter. 

§  10.  All  boilers  used  for  generating  steam  in  and  about  coal  mines  shall  be 
kept  in  good  order,  and  the  owner  or  agent  thereof  shall  have  them  examined 
and  inspected,  by  a  competent  boiler-maker,  as  often  as  once  in  three  months. 

§  11.     This  act  shall  not  apply  to  opening  a  new  coal  mine. 

§  12.     This  act  shall  take  effect  immediately. 

See   Slinlns,  post. 

CODE  COMMISSION. 

To  create  and  establish  a  commission  for  revising,  systematizing,  and  reforming 
the  la\\-s  of  this  state,  and  for  the  appointment  of  the  members  of  said  com- 
mission, to  be  known  as  "The  Commissioners  for  the  Revision  and  Reform 
of  the  Law,"  and  to  prescribe  their  powers  and  duties ;  and  to  authorize  the 
appointment  of  a  secretary  and  stenographer  therefor;  and  to  provide  for 
the  compensation  and  expenses  of  said  commission,  secretary,  and  stenog- 
rapher, and  to  appropriate  money  therefor. 

(Stats.   1895,   345,  ch.   CCXXII;   amended   Stats.   1903,   479,    ch.    CCCLXII; 
amended  Stats.  1905,  403,  ch.  CCCXLIII.) 

§  1.  A  commission  consisting  of  one  person,  as  hereafter  designated,  is 
hereby  created  and  established,  for  the  purpose  of  revising,  compiling,  creating, 
amending,  systematizing,  improving,  and  reforming  the  laws  of  this  state. 

§  2,  The  member  of  said  commission  shall  be  known  and  designated  as  "The 
Commissioner  for  the  Revision  and  Reform  of  the  Law,"  and  the  term  of  office 
shall  be  two  years  from  and  after  the  first  day  of  May,  nineteen  hundred  and 
three.  He  shall  be  a  member  of  the  legal  profession,  who  shall  have,  for  more 
than  five  years  prior  to  his  appointment,  been  engaged  in  the  practice  of  the  law 


136  CODE    COMMISSION — APPOINTMENT    AND    DUTY. 

in  this  state,  and  who  shall  have  been  admitted  to  practice  before  the  supreme 
court,  of  this  state. 

§  3.  Said  commissioner  shall  be  appointed  by  the  governor  prior  to  the  first 
day  of  May,  nineteen  hundred  and  three,  and  shall  enter  upon  the  performance 
of  his  duties  on  said  first  day  of  May,  nineteen  hundred  and  three.  In  case  of 
a  vacancy  in  said  commission,  by  death  or  resignation,  removal  or  otherwise,  a 
successor  to  fill  such  vacancy,  for  the  unexpired  term,  shall  be  appointed  in 
like  manner. 

§  4.  The  secretary  of  state  shall,  after  the  appointment  of  such  commis- 
sioner, immediately  notify  such  appointee  thereof,  and  issue  to  such  appointee 
a  commission  under  the  great  seal  of  this  state,  notifying  him  of  the  passage  of 
said  act,  and  of  his  appointment  by  the  governor.  Such  appointee  shall,  upon 
receiving  said  notice  of  his  appointment,  if  he  accept  the  same,  take  and  sub- 
scribe an  oath  of  office,  which  shall  be  filed  in  the  office  of  the  secretary  of  state, 
and  shall,  on  the  first  day  of  May,  nineteen  hundred  and  three,  enter  upon  the 
discharge  of  his  duties. 

§  5.  Said  commissioner  shall  select  and  adopt  a  suitable  seal  for  the  authen- 
tication of  his  acts,  records,  and  proceedings.  He  shall  select  and  appoint  a 
stenographer,  who  shall  act  as  secretary  of  said  commission,  to  hold  office  during 
the  pleasure  of  said  commissioner,  who  shall  assist  in  the  work  to  be  performed 
and  under  the  supervision  of  the  commissioner. 

§  6.  1.  It  shall  be  the  duty  of  said  commissioner  to  revise  and  examine  the 
parts  of  the  Code  of  Civil  Procedure,  the  Political  Code,  the  Civil  Code,  and  the 
Penal  Code  of  the  State  of  California,  not  already  revised,  under  the  provisions 
of  an  act  of  which  this  act  is  amendatory;  to  note  all  decisions  of  the  supreme 
court  upon  sections  of  the  codes  herein  specified,  and  to  present  to  the  legisla- 
ture, at  its  next  session,  all  sections  of  the  codes  which  have  been  declared  uncon- 
stitutional and  have,  for  any  reason,  been  declared  by  the  supreme  court  as 
inoperative ;  and  to  suggest  any  such  legislation  as  will  remedy  defects  in  exist- 
ing laws  by  reason  of  decisions  of  the  supreme  court  or  otherwise ;  to  make  and 
compile  an  index  of  all  the  laws  of  California,  not  already  completed  by  the 
present  commission ;  and  to  revise  and  compile  a  new  county  government  act, 
in  accordance  with  and  having  regard  to  decisions  of  the  supreme  court  thereon. 

2.  To  revise  and  examine  all  the  statutes  of  this  state  that  have  been  or  shall 
hereafter  be  passed  by  the  legislature  thereof  and  published  by  the  state. 

3.  He  shall  ascertain,  determine,  and  designate,  according  to  his  best  judg- 
ment, those  statutes  now  in  force,  and  those  expressly  or  by  implication  repealed, 
and  report  the  same  to  the  next  legislature. 

4.  He  shall  note  and  designate  the  errors,  defects,  or  omissions,  verbal,  gram- 
matical, or  otherwise,  and  suggest  what  will  be  necessary  to  supply,  correct,  or 
amend  the  same,  and  such  improvements  as  shall  introduce  precision  and  clear- 
ness into  the  wording  of  the  codes  and  statutes. 

5.  All  or  any  of  the  reports,  records,  or  proceedings  of  said  commission  shall 
be  printed  by  the  state  printer,  on  the  requisition  of  said  commissioner,  when  so 
ordered  and  directed  by  said  commissioner. 

6.  Said  commi.ssioner  shall  have  the  power  to  order  the  state  printer  to  print 
and  deliver  to  him  such  number  as  said  commissioner  may  designate  of  any 
report,  record,  or  proceedings  of  said  commission. 


DUTIES   OF   COMMISSION — ASSISTANTS   AND   SALARY.  13T 

7.  Said  commissioner,  shall  attend  at  the  capital,  during  the  sitting  of  said 
session  of  the  legislature,  and  act  as  legislative  counsel  or  adviser,  in  drafting 
or  passing  upon  the  form  of  any  bill,  or  proposed  bill,  pending  or  to  be  intro- 
duced before  the  legislature ;  and  also,  -uhen  requested,  give  advice  to  said  legis- 
lature, or  such  committee,  as  to  the  form  of  any  proposed  legislation,  and  its 
effect  upon  existing  laws,  and  as  to  whether  said  bill,  as  drawn  and  presented, 
is  so  constructed  and  worded  as  to  carry  out  the  purpose  intended,  and  shall 
advise  as  to  the  constitutionality  thereof. 

8.  Thirty  days  prior  to  every  session  of  the  legislature,  said  commissioner 
shall  make  and  file  with  the  secretary  of  state  a  report  of  his  transactions  relat- 
ing to  legislative  matters,  or  which  would  give  any  information  or  knowledge 
to  said  legislature  as  to  legislation  in  the  past,  and  as  to  the  policy  for  future 
legislation.  And  he  shall  also  report  to  said  legislature  such  suggestions  as  he 
may  deem  proper  for  the  promotion  of  the  public  welfare  and  the  best  interests 
of  the  state,  or  any  locality  or  citizens  thereof,  and  file  therewith  schedules  or 
exhibits,  showing  the  form  or  substance  of  all  proposed  legislation  which  he 
may  recommend.  And  he  shall  suggest  all  such  improvements  as  shall  conduce 
to  precision  and  clearness  in  the  wording  of  the  codes  and  statutes,  and  propose 
such  measures  as  may  be  necessary  to  improve  or  give  unity  and  completeness 
to  the  system  of  the  laws  of  this  state.  Said  reports,  schedules,  and  exhibits 
shall  be  printed  by  the  state  printer,  upon  the  requisition  and  under  the  super- 
vision of  the  commissioner.  They  shall  be  so  printed  as  to  show,  in  the  readiest 
manner,  the  changes  proposed  by  the  commissioner,  and  in  those  cases  wherein 
he  shall  recommend  the  repeal  of  a  law,  and  propose  a  substitute  therefor,  such 
law  and  substitute  shall  be  printed  in  the  manner  most  convenient  for  com- 
parison ;  and  his  report,  when  so  printed,  shall  be  mailed  to  every  member  who 
lias  been  elected  to  sit  in  such  legislature. 

9.  Said  commissioner  shall,  at  all  such  times  as  he  may  designate  by  rules  and 
regulations  which  he  may  adopt,  hear  in  public  such  printed  or  oral  arguments 
as  may  be  addressed  to  him,  for  or  against  any  proposed  or  existing  legislation, 
and  a  record  of  all  proceedings  shall  be  kept  and  preserved  by  the  secretary  of 
said  commission. 

§  7.  1.  Said  commissioner  shall  receive  for  his  services,  from  the  state,  the  sum 
of  thirty-six  hundred  dollars  per  annum ;  such  compensation  shall  be  paid  in 
the  same  manner  as  the  salaries  of  the  justices  of  the  supreme  court  are  now 
paid. 

2.  The  stenographer  of  the  commission  shall  receive  the  sum  of  one  hundred 
dollars  ($100)  per  month,  payable  in  like  manner  as  the  salary  is  paid  to  the 
commissioner. 

3.  The  expenses  incurred  by  said  commission,  or  commissioner,  exclusive  of 
salaries,  shall  be  set  forth  in  detail  in  an  itemized  statement,  and  thereupon  a 
requisition  shall  be  made  by  said  commissioner  upon  the  state  controller,  accom- 
panied by  the  sworn  certificate  of  the  commissioner  that  the  services  have  been 
performed  and  the  materials  used  or  things  furnished,  and  that  said  sums  are 
justly  due. 

4.  Said  state  controller  is  hereby  directed  to  draw  his  warrant  on  the  treas- 
urer for  the  payment  of  said  salaries,  when  due  and  payable,  as  herein  pro- 
vided,  and  also   for  such  sums  as  are  covered  by  said  requisitions,   and  the 


138  COLLATERAL,    INHERITANCE    TAX. 

treasurer  is  hereby  directed  to  pay  the  same  out  of  any  money  not  otherwise 
appropriated. 

§  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  fifteenth 
day  of  April,  nineteen  hundred  and  three;  provided,  however,  that  the  com- 
missioners, appointed  under  the  act  of  March  twenty-eighth,  eighteen  hundred 
and  ninety-five,  of  which  this  act  is  amendatory,  shall  hold  office  and  perform 
the  duties  prescribed  by  said  act,  to  and  including  the  thirtieth  day  of  April, 
nineteen  hundred  and  three,  and  receive  the  compensation  prescribed  by  said 
act,  of  which  this  act  is  amendatory. 

§  9.  The  commission  hereby  created  shall  cease  to  exist  and  this  act  shall 
become  inoperative  on  and  after  the  first  day  of  May,  nineteen  hundred  and 
seven.     [Amendment,  Stats.  1905,  403.] 

§  10.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

The  statute  of  1903,  479,  purports  to  amend  the  Statute  of  1895,  341,  but  in  fact  it  super- 
sedes  the   former   statute   in   every   section,   hence   its   omission   here. 

COLLATERAL  INHERITANCE  TAX. 

To  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  successions 
and  transfers,  to  provide  for  its  collection,  and  to  direct  the  disposition  of 
its  proceeds ;  to  provide  for  the  enforcement  of  liens  created  by  this  act  and 
for  suits  to  quiet  title  against  claims  of  lien  arising  hereunder;  to  repeal 
an  act  entitled  "An  act  to  establish  a  tax  on  collateral  inheritances,  be- 
quests, and  devises,  to  provide  for  the  collection,  and  to  direct  the  disposi- 
tion of  its  proceeds,"  approved  March  twenty-three,  eighteen  hundred 
and  ninety-three,  and  all  amendments  thereto,  and  all  acts  and  parts  of  acts 
in  conflict  with  this  act. 

(Stats.  1905,  341,  eh.  CCCXIV.) 

§  1.  All  property  which  shall  pass,  by  will  or  by  the  intestate  laws  of  this 
state,  from  any  person  who  may  die  seized  or  possessed  of  the  same  while  a 
resident  of  this  state,  or  if  such  decedent  was  not  a  resident  of  this  state  at  the 
time  of  death,  which  property,  or  any  part  thereof,  shall  be  within  this  state,  or 
any  interest  therein,  or  income  therefrom,  which  shall  be  transferred  by  deed, 
grant,  sale,  or  gift,  made  in  contemplation  of  the  death  of  the  grantor,  vendor 
or  bargainor,  or  intended  to  take  effect  in  possession  or  enjoyment  after  such 
death,  to  any  person  or  persons,  or  to  any  body  politic  or  corporate,  in  trust  or 
otherwise,  or  by  reason  whereof  any  person  or  body  politic  or  corporate  shall 
become  beneficially  entitled,  in  possession  or  expectancy,  to  any  property,  or  to 
the  income  thereof,  shall  be  and  is  subject  to  a  tax  hereinafter  provided  for,  to 
be  paid  to  the  treasurer  of  the  proper  county,  as  hereinafter  directed,  for  the 
use  of  the  state;  and  such  tax  shall  be  and  remain  a  lien  upon  the  property 
passed  or  transferred  until  paid  and  the  person  to  whom  the  property  passes  or 
is  transferred  and  all  administrators,  executors,  and  trustees  of  every  estate  so 
transferred  or  passed  shall  be  liable  for  any  and  all  such  taxes  until  the  same 
shall  have  been  paid  as  hereinafter  directed.  The  tax  so  imposed  shall  be  upon 
the  market  value  of  such  property  at  the  rates  hereinafter  prescribed  and  only 
upon  the  excess  over  the  exemptions  hereinafter  granted. 

"Whenever  any  person  or  corporation  shall  exercise  a  power  of  appointment 


INHERITANCE   TAX— AMOUNT    OF,  139 

derived  from  any  disposition  of  property  made  either  before  or  after  the  pas- 
sage of  this  act,  such  appointment  when  made  shall  be  deemed  a  transfer  taxable 
under  the  provisions  of  this  act  in  the  same  manner  as  though  the  property  to 
which  such  appointment  relates  belonged  absolutely  to  the  donee  of  such  power 
and  had  been  bequeathed  or  devised  by  such  donee  by  will ;  and  whenever  any 
person  or  corporation  possessing  such  a  power  of  appointment  so  derived  shall 
omit  or  fail  to  exercise  the  same  within  the  time  provided  therefor,  in  whole  or 
in  part,  a  transfer  taxable  under  the  provisions  of  this  act  shall  be  deemed  to 
take  place  to  the  extent  of  such  omissions  or  failure,  in  the  same  manner  as 
though  the  persons  or  corporations  thereby  becoming  entitled  to  the  possession 
or  enjoyment  of  the  property  to  which  such  power  related  had  succeeded 
thereto  by  a  will  of  the  donee  of  the  power  failing  to  exercise  such  power, 
taking  effect  at  the  time  of  such  omission  or  failure. 

§  2.  When  the  property  or  any  beneficial  interest  therein  so  passed  or  trans- 
ferred exceeds  in  value  the  exemption  hereinafter  specified  and  shall  not  exceed 
in  value  twenty-five  thousand  dollars  the  tax  hereby  imposed  shall  be : 

(1.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in  such 
property  shall  be  the  husband,  wife,  lineal  issue,  lineal  ancestor  of  the  decedent 
or  any  child  adopted  as  such  in  conformity  with  the  laws  of  this  state,  or  any 
child  to  whom  such  decedent  for  not  less  than  ten  years  prior  to  such  transfer 
stood  in  the  mutually  acknowledged  relation  of  a  parent,  provided,  however, 
such  relationship  began  at  or  before  the  child's  fifteenth  birthday,  and  was 
continuous  for  said  ten  years  thereafter,  or  any  lineal  issue  of  such  adopted  or 
mutually  acknowledged  child,  at  the  rate  of  one  per  centum  of  the  clear  value 
of  such  interest  in  such  property. 

(2.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in  such 
property  shall  be  the  brother  or  sister  or  a  descendant  of  a  brother  or  sister  of 
the  decedent,  a  wife  or  widow  of  a  son,  or  the  husband  of  a  daughter  of  the 
decedent,  at  the  rate  of  one  and  one  half  per  centum  of  the  clear  value  of  such 
interest  in  such  property. 

(3.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in  such 
property  shall  be  the  brother  or  sister  of  the  father  or  mother  or  a  descendant 
of  a  brother  or  sister  of  the  father  or  mother  of  the  decedent,  at  the  rate  of 
three  per  centum  of  the  clear  value  of  such  interest  in  such  property. 

(4.)  Where  the  person  or  persons  entitled  to  any  beneficial  interests  in  such 
property  shall  be  the  brother  or  sister  of  the  grandfather  or  grandmother  or  a 
descendant  of  the  brother  or  sister  of  the  grandfather  or  grandmother  of  the 
decedent,  at  the  rate  of  four  per  centum  of  the  clear  value  of  such  interest  in 
such  property. 

(5.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in  such 
property  shall  be  in  any  other  degree  of  collateral  consanguinity  than  is  herein- 
before stated,  or  shall  be  a  stranger  in  blood  to  the  decedent,  or  shall  be  a  body 
politic  or  corporate,  at  the  rate  of  five  per  centum  of  the  clear  value  of  such 
interest  in  such  property. 

§  3.  The  foregoing  rates  in  section  two  are  for  convenience  termed  the  pri- 
mary rates.  AVhen  the  market  value  of  such  property  or  interest  exceeds 
twenty-five  thousand  dollars,  the  rates  of  tax  upon  such  excess  shall  be  as  fol- 
lo^vs : 


t40  INHERITANCES    TAX — AMOrJJT    OF. 

(1.)  Upon  all  in  excess  of  twenty-five  thousand  dollars  and  up  to  fifty  thou- 
sand dollars,  one  and  one  half  times  the  primary  rates. 

(2.)  Upon  all  in  excess  of  fifty  thousand  dollars  and  up  to  one  hundred  thou- 
sand dollars,  two  times  the  primary  rates. 

(3.)  Upon  all  in  excess  of  one  hundred  thousand  dollars  and  up  to  five  hun- 
dred thousand  dollars,  two  and  one  half  times  the  primary  rates. 

(4.)  Upon  all  in  excess  of  five  hundred  thousand  dollars,  three  times  the 
primary  rates. 

§  4.     The  following  exemptions  from  the  tax  are  hereby  allowed : 

(1.)  All  property  transferred  to  societies,  corporations,  and  institutions  now 
or  hereafter  exempted  by  law  from  taxation,  or  to  any  public  corporation,  or 
to  any  society,  corporation,  institution,  or  association  of  persons  engaged  in  or 
devoted  to  any  charitable,  benevolent,  educational,  public,  or  other  like  work 
(pecuniary  profit  not  being  its  object  or  purpose),  or  to  any  person,  society, 
corporation,  institution,  or  association  of  persons  in  trust  for  or  to  be  devoted 
to  any  charitable,  benevolent,  educational,  or  public  purpose,  by  reason  whereof 
any  such  person  or  corporation  shall  become  beneficially  entitled,  in  possession 
or  expectancy,  to  any  such  property  or  to  the  income  thereof  shall  be  exempt. 

(2.)  Property  of  the  clear  value  of  ten  thousand  ($10,000.00)  dollars  trans- 
ferred to  the  widow  or  to  a  minor  child  of  the  decedent,  and  of  four  thousand 
($4,000.00)  dollars  transferred  to  each  of  the  other  persons  described  in  the  first 
subdivision  of  section  two  shall  be  exempt. 

(3.)  Property  of  the  clear  value  of  two  thousand  ($2,000.00)  dollars  trans- 
ferred to  each  of  the  persons  described  in  the  second  subdivision  of  section  two 
shall  be  exempt. 

(4.)  Property  of  the  clear  value  of  one  thousand  five  hundred  ($1,500.00) 
dollars  transferred  to  each  of  the  persons  described  in  the  third  subdivision  of 
section  two  shall  be  exempt. 

(5.)  Property  of  the  clear  value  of  one  thousand  ($1,000.00)  dollars  trans- 
ferred to  each  of  the  persons  described  in  the  fourth  subdivision  of  section  two 
shall  be  exempt. 

(6.)  Property  of  the  clear  value  of  five  hundred  ($500.00)  dollars  trans- 
ferred to  each  of  the  per.sons  and  corporations  described  in  the  fifth  subdivision 
of  section  two  shall  be  exempt. 

§  5.  "When  any  grant,  gift,  legacy,  or  succession  upon  which  a  tax  is  im- 
posed by  section  one  of  this  act  shall  be  in  estate,  income,  or  interest  for  a  term 
of  years,  or  for  life,  or  determinable  upon  any  future  or  contingent  event,  or 
shall  be  a  remainder,  reversion,  or  other  expectancy,  real  or  personal,  the  entire 
property  or  fund  by  which  such  estate,  income,  or  interest  is  supported,  or  of 
which  it  is  a  part,  shall  be  appraised  immediately  after  the  death  of  the  dece- 
dent, and  the  market  value  thereof  determined,  in  the  manner  provided  in 
section  fourteen  of  this  act,  and  the  tax  prescribed  by  this  act  shall  be  immedi- 
ately due  and  payable  to  the  treasurer  of  the  proper  county,  and,  together  with 
the  interest  thereon,  shall  be  and  remain  a  lien  on  said  property  until  the  same 
is  paid ;  provided,  that  the  person  or  persons,  or  body  politic  or  corporate,  bene- 
ficially interested  in  the  property  chargeable  with  said  tax,  may  elect  not  to  pay 
the  same  until  they  shall  come  into  the  actual  possession  or  enjoyment  of  such 
property,  and  in  that  case  such  person  or  persons,  or  body  politic  or  corporate, 


INHERITAjVCE   tax — DUE   AND    PAYABLE    WHEN.  141 

shall  execute  a  bond  to  the  people  of  the  state  of  California,  in  a  penalty  of 
twice  the  amount  of  the  tax  arising  upon  personal  estate,  with  such  sureties  as 
the  said  superior  court  may  approve,  conditioned  for  the  payment  of  said  tax, 
and  interest  thereon,  at  such  time  or  period  as  they  or  their  representatives  may 
come  into  the  actual  possession  or  enjoyment  of  such  property,  which  bond  shall 
be  filed  in  the  office  of  the  county  clerk  of  the  proper  county ;  provided  further, 
that  such  person  shall  make  a  full  and  verified  return  of  such  property  to  said 
court,  and  file  the  same  in  the  office  of  the  county  clerk  within  one  year  from 
the  death  of  the  decedent,  and  within  that  period  enter  into  such  security,  and 
renew  the  same  every  five  years. 

§  6.  Whenever  a  decedent  appoints  or  names  one  or  more  executors  or  trus- 
tees, and  makes  a  bequest  or  devise  of  property  to  them  in  lieu  of  commissions 
or  allowances,  which  otherwise  would  be  liable  to  said  tax,  or  appoints  them 
his  residuary  legatees,  and  said  bequest,  devises,  or  residuary  legacies  exceed 
what  would  be  a  reasonable  compensation  for  their  services,  such  excess  over 
and  above  the  exemptions  herein  provided  for  shall  be  liable  to  said  tax;  and 
the  superior  court  in  which  the  probate  proceedings  are  pending  shall  fix  the 
compensation. 

§  7.  All  taxes  imposed  by  this  act,  unless  otherwise  herein  provided  for,  shall 
be  due  and  payable  at  the  death  of  the  decedent,  and  if  the  same  are  paid  within 
eighteen  months,  no  interest  shall  be  charged  and  collected  thereon,  but  if  not  so 
paid,  interest  at  the  rate  of  ten  per  centum  per  annum  shall  be  charged  and 
collected  from  the  time  said  tax  accrued;  provided,  that  if  said  tax  is  paid 
within  six  months  from  the  accruing  thereof  a  discount  of  five  per  centum  shall 
be  allowed  and  deducted  from  said  tax.  And  in  all  cases  where  the  executors, 
administrators,  or  trustees  do  not  pay  such  tax  within  eighteen  months  from 
the  death  of  the  decedent,  they  shall  be  required  to  give  a  bond  in  the  form  and 
to  the  effect  prescribed  in  section  five  of  this  act  for  the  payment  of  said  tax, 
together  with  interest. 

§  8.  The  penalty  of  ten  per  centum  per  annum  imposed  by  section  seven 
hereof,  for  the  non-payment  of  said  tax,  shall  not  be  charged  in  cases  where,  in 
the  judgment  of  the  court,  by  reason  of  claims  made  upon  the  estate,  necessary 
litigation,  or  other  unavoidable  cause  of  delay,  the  estate  of  any  decedent,  or  a 
part  thereof,  cannot  be  settled  at  the  end  of  eighteen  months  from  the  death  of 
the  decedent;  and  in  such  cases  only  seven  per  centum  per  annum  shall  be 
charged  upon  the  said  tax  from  the  expiration  of  said  eighteen  months  until 
the  cause  of  such  delay  is  removed,  after  which  ten  per  centum  interest  per 
annum  shall  again  be  charged  until  the  tax  is  paid ;  but  litigation  to  defeat  the 
payment  of  the  tax  shall  not  be  considered  necessary  litigation. 

§  9.  Any  administrator,  executor,  or  trustee  having  in  charge  or  trust  any 
legacy  or  property  for  distribution,  subject  to  the  said  tax,  shall  deduct  the  tax 
therefrom,  or  if  the  legacy  or  property  be  not  money  he  .shall  collect  the  tax 
thereon,  upon  the  market  value  thereof,  from  the  legatee  or  person  entitled  to 
such  property,  and  he  shall  not  deliver,  or  be  compelled  to  deliver,  any  specific 
legacy  or  property  subject  to  tax  to  any  person  until  he  shall  have  collected  the 
tax  thereon;  and  whenever  any  such  legacy  shall  be  charged  upon  or  payable 
out  of  real  estate,  the  executor,  administrator,  or  trustee  shall  collect  said  tax 


142  INHERITA2VCE     TAX — CONTROLLER'S     DUTIES. 

from  the  distributee  thereof,  and  the  same  shall  remain  a  charge  on  such  real 
estate  until  paid;  if,  however,  such  legacy  be  given  in  money  to  any  person  for 
a  limited  period,  the  executor,  administrator,  or  trustee  shall  retain  the  tax  upon 
the  whole  amount;  but  if  it  be  not  in  money  he  shall  make  application  to  the 
superior  court  to  make  an  apportionment,  if  the  case  require  it,  of  the  sum  to 
be  paid  into  his  hands  by  such  legatees,  and  for  such  further  order  relative 
thereto  as  the  case  may  require. 

§  10.  All  executors,  administrators,  and  trustees  shall  have  full  power  to  sell 
so  muct  of  the  property  of  the  decedent  as  will  enable  them  to  pay  said  tax,  in 
the  same  manner  as  they  may  be  enabled  by  law  to  do  for  the  payment  of  debts 
of  the  estate,  and  the  amount  of  said  tax  shall  be  paid  as  hereinafter  directed. 

§  11.  Every  sum  of  money  retained  by  an  executor,  administrator,  or  trus- 
tee, or  paid  into  his  hands,  for  any  tax  on  property,  shall  be  paid  by  him,  within 
thirty  days  thereafter,  to  the  treasurer  of  the  county  in  which  the  probate  pro- 
ceedings are  pending,  and  the  said  treasurer  shall  give,  and  every  executor, 
administrator,  or  trustee  shall  take,  duplicate  receipts  for  such  payment,  one 
of  which  receipts  said  executor,  administrator,  or  trustee  shall  immediately 
send  to  the  controller  of  the  state,  whose  duty  it  shall  be  to  charge  the  treasurer 
so  receiving  the  tax  with  the  amount  thereof,  and  said  controller  shall  seal  said 
receipt  with  the  seal  of  his  office,  and  countersign  the  same,  and  return  it  to  the 
executor,  administrator,  or  trustee,  w'hereupon  it  shall  be  a  proper  voucher  in 
the  settlement  of  his  accounts ;  and  an  executor,  administrator,  or  trustee  shall 
not  be  entitled  to  credits  in  his  accounts,  nor  be  discharged  from  liability  for 
such  tax,  nor  shall  said  estate  be  distributed,  unless  he  shall  produce  a  receipt 
so  sealed  and  countersigned  by  the  controller,  or  a  copy  thereof,  certified  by 
him,  and  file  the  same  with  the  court. 

§  12.  Whenever  any  debts  shall  be  proven  against  the  estate  of  a  decedent 
after  the  payment  of  legacies  or  distribution  of  property  from  which  the  said 
tax  has  been  deducted  or  upon  which  it  has  been  paid,  and  a  refund  is  made  by 
the  legatee,  devisee,  heir,  or  next  of  kin,  a  proportion  of  the  tax  so  deducted  or 
paid  shall  be  repaid  to  him  by  the  executor,  administrator,  or  trustee,  if  the 
said  tax  has  not  been  paid  to  the  county  treasurer  or  to  the  state  controller,  or 
by  them,  if  it  has  been  so  paid. 

§  13.  If  a  foreign  executor,  administrator  or  trustee  shall  assign  or  transfer 
any  stock  or  obligations  in  this  state  standing  in  the  name  of  a  decedent,  or  in 
trust  for  a  decedent,  liable  to  any  such  tax,  the  tax  shall  be  paid  to  the  treasurer 
of  the  proper  county  on  the  transfer  thereof.  No  safe  deposit  company,  trust 
company,  corporation,  bank  or  other  institution,  person  or  persons  having  in 
possession  or  under  control  securities,  deposits,  or  other  assets  of  a  decedent, 
including  the  shares  of  the  capital  stock  of,  or  other  interests  in,  the  safe 
deposit  company,  trust  company,  corporation,  bank  or  other  in.stitution  making 
the  delivery  or  transfer  herein  provided,  shall  deliver  or  transfer  the  same  to 
the  executors,  administrators  or  legal  representatives  of  said  decedent,  or  upon 
their  order  or  request,  unless  notice  of  the  time  and  place  of  such  intended 
delivery  or  transfer  be  served  upon  the  county  treasurer  at  least  ten  days  prior 
to  said  delivery  or  transfer;  nor  shall  any  such  safe  deposit  company,  trust  com- 
pany, corporation,  bank  or  other  institution,  person  or  persons  deliver  or  trans- 


INHERITANCE    TAX— APPRAISERS.  143 

fer  any  securities,  deposits  or  other  assets  of  the  estate  of  a  non-resident 
decedent  including  the  shares  of  the  capital  stock  of,  or  other  interests  in,  the 
safe  deposit  company,  trust  company,  corporation,  bank  or  other  institution, 
making  the  delivery  or  transfer,  without  retaining  a  sufficient  portion  or 
amount  thereof  to  pay  any  tax  and  penalty  which  may  thereafter  be  assessed  on 
account  of  the  delivery  or  transfer  of  such  securities,  deposits,  or  other  assets 
including  the  shares  of  the  capital  stock  of  or  other  interests  in,  the  safe  deposit 
company,  trust  company,  corporation,  bank  or  other  institution  making  the 
delivery  or  transfer,  under  the  provisions  of  this  act,  unless  the  county  treasurer 
consents  thereto  in  w^riting.  And  it  shall  be  lawful  for  the  said  county  treas- 
urer, personally,  or  by  representative,  to  examine  said  securities,  deposits  or 
assets  at  the  time  of  such  delivery  or  transfer.  Failure  to  serve  such  notice  and 
to  allow  such  examination,  and  to  retain  a  sufficient  portion  or  amount  to  pay 
such  tax  and  penalty  as  herein  provided,  shall  render  said  safe  deposit  com- 
pany, trust  company,  corporation,  bank  or  other  institution,  person  or  persons 
liable  to  the  payment  of  two  times  the  amount  of  the  tax  and  penalty  due  or 
thereafter  to  become  due  upon  said  securities,  deposits  or  other  assets,  including 
the  shares  of  the  capital  stock  of,  or  other  interests  in,  the  safe  deposit  com- 
pany, trust  company,  corporation,  bank  or  other  institution,  making  the  deliv- 
ery or  transfer ;  and  the  payment  as  herein  provided  shall  be  enforced  in  an 
action  brought  in  accordance  with  the  provisions  of  section  seventeen  of  this 
chapter. 

§  14.  When  the  value  of  any  inheritance,  devise,  bequest,  or  other  interest 
subject  to  the  payment  of  said  tax  is  uncertain,  the  superior  court  in  w^hich  the 
probate  proceedings  are  pending,  on  the  application  of  any  interested  party,  or 
upon  its  own  motion,  shall  appoint  some  competent  person  as  appraiser,  as  often 
as  and  whenever  occasion  may  require,  whose  duty  it  shall  be  forthwith  to  give 
such  notice,  by  mail,  to  all  persons  known  to  have  or  claim  an  interest  in  such 
property,  and  to  such  persons  as  the  court  may  by  order  direct,  of  the  time  and 
place  at  which  he  will  appraise  such  property,  and  at  such  time  and  place  to 
appraise  the  same  and  make  a  report  thereof,  in  writing,  to  said  court,  together 
with  such  other  facts  in  relation  thereto  as  said  court  may  by  order  require  to 
be  filed  with  the  clerk  of  said  court;  and  from  this  report  the  said  court  shall, 
by  order,  forthwith  assess  and  fix  the  market  value  of  all  inheritances,  devises, 
bequests,  or  other  interests,  and  the  tax  to  which  the  same  is  liable,  and  shall 
immediately  cause  notice  thereof  to  be  given,  by  mail,  to  all  parties  known  to 
be  interested  therein ;  and  the  value  of  every  future  or  contingent  or  limited 
estate,  income,  or  interest  shall,  for  the  purposes  of  this  act,  be  determined  by 
the  rule,  method,  and  standards  of  mortality  and  of  value  that  are  set  forth  in 
the  actuaries'  combined  experience  tables  of  mortality  for  ascertaining  the 
value  of  policies  of  life  insurance  and  annuities,  and  for  the  determination  of 
the  liabilities  of  life  insurance  companies,  save  that  the  rate  of  interest  to  be 
assessed  in  computing  the  present  value  of  all  future  interests  and  contingencies 
shall  be  five  per  centum  per  annum;  and  the  insurance  commissioner  shall,  on 
the  application  of  said  court,  determine  the  value  of  such  future  or  contingent 
or  limited  estate,  income,  or  interest,  upon  the  facts  contained  in  such  report, 
and  certify  the  same  to  the  court,  and  his  certificate  shall  be  conclusive  evidence 
that  the  method  of  computation  adopted  therein  is  correct.     The  said  appraiser 


144  INHERITANCE    TAX — CITATION. 

shall  be  paid  by  the  county  treasurer  out  of  any  funds  that  he  may  have  in  his 
hands  on  account  of  said  tax,  on  presentation  of  a  sworn  itemized  account  and 
on  the  certificate  of  the  court,  at  the  rate  of  five  dollars  per  day  for  every  day 
actually  and  necessarily  employed  in  said  appraisement,  together  with  his 
actual  and  necessary  traveling  expenses. 

§  15.  Any  appraiser  appointed  by  virtue  of  this  act  who  shall  take  any  fee 
or  reward  from  any  executor,  administrator,  trustee,  legatee,  next  of  kin,  or 
heir  of  any  decedent,  or  from  any  other  person  liable  to  pay  said  tax,  or  any 
portion  thereof,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  two  hundred  and  fifty  dollars  nor  more  than  five 
hundred  dollars,  or  imprisoned  in  the  county  jail  ninety  days,  or  both,  and  in 
addition  thereto  the  court  shall  dismiss  him  from  such  service. 

§  16.  The  superior  court  in  the  county  in  which  is  situate  the  real  property 
of  a  decedent  who  was  not  a  resident  of  the  state,  or  if  there  be  no  real  property, 
then  in  the  county  in  which  any  of  the  personal  property  of  such  non-resident 
is  situate,  or  in  the  county  of  which  the  decedent  was  a  resident  at  the  time  of 
his  death,  shall  have  jurisdiction  to  hear  and  determine  all  questions  in  relation 
to  the  tax  arising  under  the  provisions  of  this  act,  and  the  court  first  acquiring 
jurisdiction  hereunder  shall  retain  the  same,  to  the  exclusion  of  every  other, 

§  17.  If  it  shall  appear  to  the  superior  court,  or  judge  thereof,  that  any  tax 
accruing  under  this  act  has  not  been  paid  according  to  law,  it  shall  issue  a 
citation,  citing  the  persons  known  to  own  any  interest  in  or  part  of  the  property 
liable  to  the  tax  or  any  person  or  corporation  liable  under  the  law  for  the  pay- 
ment of  said  tax  to  appear  before  the  court  on  a  day  certain,  not  more  than  ten 
weeks  after  the  date  of  such  citation,  and  show  cause  why  said  tax  should  not  be 
paid.  The  service  of  such  citation,  and  the  time,  manner,  and  proof  thereof, 
and  the  hearing  and  determination  thereon,  and  the  enforcement  of  the  deter- 
mination or  decree,  shall  conform  to  the  provisions  of  chapter  twelve,  of  title 
eleven,  of  part  three  of  the  Code  of  Civil  Procedure ;  and  the  clerk  of  the  court 
shall,  upon  the  request  of  the  district  attorney  or  treasurer  of  the  county, 
furnish,  without  fee,  one  or  more  transcripts  of  such  decree,  and  the,  same  shall 
be  docketed  and  filed  by  the  county  clerk  of  any  county  in  the  state,  without 
fee,  in  the  same  manner  and  with  the  same  effect  as  provided  by  section  six 
hundred  and  seventy-four  of  said  Code  of  Civil  Procedure  for  filing  a  tran- 
script of  an  original  docket. 

§  18.  Whenever  the  treasurer  of  any  county  shall  have  reason  to  believe  that 
any  tax  is  due  and  unpaid  under  this  act,  after  the  refusal  or  neglect  of  the 
persons  interested  in  the  property  liable  to  said  tax  to  pay  the  same,  he  shall 
notify  the  district  attorney  of  the  proper  county,  in  writing,  of  such  failure  to 
pay  such  tax,  and  the  district  attorney  so  notified,  if  he  have  probable  cause  to 
believe  a  tax  is  due  and  unpaid,  shaU  prosecute  the  proceeding  in  the  superior 
court,  as  provided  in  section  seventeen  of  this  act,  for  the  enforcement  and  col- 
lection of  such  tax. 

§  19.  The  controller  of  state  shall  furnish  to  each  county  clerk  a  book,  which 
shall  be  a  public  record,  and  in  which  he  shall  enter  the  name  of  every  decedent 
upon  whose  estate  an  application  has  been  made  to  the  superior  court  for  the 
issuance  of  letters  of  administration,  or  letters  testamentary,  or  ancillary  letters, 


I 


INHERITANCE    TAX — TREASURER'S    DUTY.  145 

the  date  and  place  of  death  of  such  decedent,  the  estimated  value  of  his  real  and 
personal  property,  the  names,  places  of  residence,  and  relationship  to  him  of  his 
heirs  at  law,  the  names  and  places  of  residence  of  the  legatees  and  devisees  in 
any  will  of  any  such  decedent,  the  amount  of  each  legacy  and  the  estimated 
value  of  any  real  property  devised  therein,  and  to  whom  devised.  These  entries 
shall  be  made  from  the  data  contained  in  the  papers  filed  on  any  such  applica- 
tion, or  in  any  proceeding  relating  to  the  estate  of  the  decedent.  The  county 
clerk  shall  also  enter  in  such  book  the  amount  of  personal  property  of  any  such 
decedent,  as  shown  by  the  inventory  thereof  when  made  and  filed  in  his  office, 
and  the  returns  made  by  any  appraiser  appointed  by  the  court  under  this  stat- 
.ute,  and  the  value  of  annuities,  life  estates,  terms  of  years,  and  other  property 
of  such  decedent,  or  given  by  him  in  his  will  or  otherwise,  as  fixed  by  the  supe- 
rior court,  and  the  tax  assessed  thereon,  and  the  amounts  of  any  receipts  for 
payment  of  any  tax  on  the  estate  of  such  decedent  under  this  statute  filed  with 
him.  The  county  clerk  shall,  on  the  first  day  of  January,  April,  July  and 
October  of  each  year  make  a  report,  in  duplicate,  upon  forms  to  be  furnished 
by  the  controller  of  state,  containing  all  the  data  and  matters  required  to  be 
entered  in  such  book,  and  also  of  the  property  from  which,  or  the  party  from 
which,  he  has  reason  to  believe  the  tax  under  this  act  is  due  and  unpaid,  one  of 
which  shall  be  immediately  delivered  to  the  county  treasurer  and  the  other 
transmitted  to  the  state  controller. 

§  20.  "Whenever  the  superior  court  of  any  county  shall  certify  that  there  was 
probable  cause  for  issuing  a  citation  and  taking  the  proceedings  specified  in 
section  seventeen  of  this  act,  the  state  treasurer  shall  pay,  or  allow,  to  the  treas- 
urer of  any  county,  all  expenses  incurred  for  services  of  citation,  and  his  other 
lawful  disbursements  that  have  not  otherwise  been  paid. 

§  21.  The  treasurer  of  each  county  shall  collect  and  pay  the  state  treasurer 
all  taxes  that  may  be  due  and  payable  under  this  act,  who  shall  give  him  a 
receipt  therefor ;  of  which  collection  and  payment  he  shall  make  a  report,  under 
oath,  to  the  controller,  between  the  first  and  fifteenth  days  of  May  and  Decem- 
ber of  each  year,  stating  for  what  estate  paid,  and  in  such  form  and  containing 
such  particulars  as  the  controller  may  prescribe;  and  for  all  such  taxes  collected 
by  him  and  not  paid  to  the  state  treasurer  by  the  first  day  of  June  and  January 
of  each  year  he  shall  pay  interest  at  the  rate  of  ten  per  centum  per  annum. 

§  22.  The  treasurer  of  each  county  shall  be  allowed  to  retain,  on  all  taxes 
paid  and  accounted  for  by  him  each  year  under  this  act,  in  addition  to  his 
salary  or  fees  now  allowed  by  law,  three  per  centum  on  the  first  fifty  thousand 
dollars  so  paid  and  accounted  for  by  him,  one  and  one  half  per  centum  on  the 
next  fifty  thousand  dollars  so  paid  and  accounted  for  by  him,  and  one  half  of 
one  per  centum  on  all  additional  sums  so  paid  and  accounted  for  by  him. 

§  23.  The  treasurer  of  each  county,  in  his  discretion,  for  the  better  further- 
ance of  the  purposes  of  this  act,  shall  be  allowed  to  employ  such  special  attorney 
or  attorneys,  as  he  may  deem  necessary,  who  shall  have  all  the  authority  con- 
ferred upon  the  district  attorney  by  sections  seventeen  and  eighteen  of  this  act, 
and  such  attorney  shall  be  paid  for  his  services  out  of  the  fees  now  allowed  the 
treasurer  as  provided  in  section  twenty-two  of  this  act,  and  that  in  no  case  shall 
such  compensation  exceed  the  per  centum  allowed  as  such  fees. 

Gen.  Laws — 10 


146  INHERITANCE    TAX — PENALTY. 

§  24.  Any  person,  or  body  politic  or  corporate,  shall,  upon  payment  of  the 
sum  of  fifty  cents,  be  entitled  to  a  receipt  from  the  county  treasurer  of  any 
county,  or  a  copy  of  the  receipt,  at  his  option,  that  may  have  been  given  by  said 
treasurer  for  the  payment  of  any  tax  under  this  act,  to  be  sealed  with  the  seal 
of  his  office,  which  receipt  shall  designate  on  what  real  property,  if  any,  of 
which  any  decedent  may  have  died  seized,  said  tax  has  been  paid,  and  by  whom 
paid,  and  whether  or  not  it  is  in  full  of  said  tax;  and  said  receipt  may  be 
recorded  in  the  clerk's  office  in  the  county  in  which  said  property  is  situate,  in 
a  book  to  be  kept  by  said  clerk  for  such  purpose,  which  shall  be  labeled 
"Inheritance  tax." 

§  25.  All  taxes  levied  and  collected  under  this  act,  up  to  the  amount  of  two 
hundred  and  fifty  thousand  dollars  annually,  shall  be  paid  into  the  treasury 
of  the  state,  for  the  uses  of  the  state  school  fund,  and  all  taxes  levied  and  col- 
lected in  excess  of  two  hundred  and  fifty  thousand  dollars  annually  shall  be 
paid  into  the  state  treasury  to  the  credit  of  the  general  fund  thereof. 

§  26.  Every  officer  who  fails  or  refuses  to  perform,  within  a  reasonable  time, 
any  and  every  duty  required  by  the  provisions  of  this  act,  or  who  fails  or 
refuses  to  make  and  deliver  within  a  reasonable  time  any  statement  or  record 
required  by  this  act,  shall  forfeit  to  the  state  of  California  the  sum  of  one 
thousand  dollars,  to  be  recovered  in  an  action  brought  by  the  attorney-general 
in  the  name  of  the  people  of  the  state  on  the  relation  of  the  controller. 

§27.  An  act  entitled  "An  act  to  establish  a  tax  on  collateral  inheritances, 
bequests  and  devises,  to  provide  for  its  collection,  and  to  direct  the  disposition 
of  the  proceeds,"  approved  March  twenty-three,  eighteen  hundred  and  ninety- 
three,  and  all  amendments  thereto,  and  all  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  expressly  repealed. 

§  28.  The  words  "estate"  and  "property"  as  used  in  this  act  shall  be  taken 
to  mean  the  real  and  personal  property  or  interest  therein  of  the  testator,  intes- 
tate, grantor,  bargainor,  vendor,  or  donor  passing  or  transferred  to  individual 
legatees,  devisees,  heirs,  next  of  kin,  grantees,  donees,  vendees,  or  successors, 
and  shall  include  all  personal  property  within  or  without  the  state.  The  word 
"transfer"  as  used  in  this  act  shall  be  taken  to  include  the  passing  of  property 
or  any  interest  therein,  in  possession  or  enjoyment,  present  or  future,  by  inheri- 
tance, descent,  devise,  succession,  bequest,  grant,  deed,  bargain,  sale,  gift,  or 
appointment  in  the  manner  herein  described.  The  word  "decedent"  as  used  in 
this  act  shall  include  the  testator,  intestate,  grantor,  bargainor,  vendor,  or  donor. 

§  29.  In  all  cases  where  any  tax  has  become  or  shall  hereafter  become  a  lien 
upon  any  property  under  or  by  virtue  of  any  of  the  provisions  of  this  act  the 
district  attorney  of  the  county  in  which  the  estate  of  the  decedent  mentioned  in 
this  act  is  being  administered  or  has  been  administered  in  probate  proceedings, 
may,  whenever  any  property  of  said  estate  has  been  distributed  without  the 
payment  to  the  state  of  all  or  any  part  of  the  taxes  payable  on  account  thereof 
under  this  act,  bring  and  prosecute  an  action  or  actions  in  the  name  of  the  state 
as  plaintiff,  for  the  purpose  of  enforcing  such  lien  or  liens  against  all  or  any  of 
the  property  subject  thereto.  In  any  such  action  the  owner  of  any  property  or 
of  any  interest  in  property  against  which  the  lien  of  any  such  tax  is  sought  to 
be  enforced,  and  any  predecessor  in  interest  of  any  such  owner  whose  title  or 


INHERITANCE    TAX — DEFENDANTS.  147 

interest  was  deraigned  through  any  such  decedent  by  will  or  succession  or  by 
decree  of  distribution  of  the  estate  of  such  decedent,  and  any  lienor  or  encum- 
brancer subsequent  to  the  lien  of  such  tax  may  be  made  a  party  defendant. 
The  enumeration  in  this  section  of  the  persons  who  may  be  made  defendants 
shall  not  be  deemed  to  be  exclusive,  but  the  joinder  or  non-joinder  of  parties, 
except  when  otherwise  herein  provided,  shall  be  governed  by  the  rules  in  equity 
in  similar  cases. 

(a)  Actions  may  be  brought  against  the  state  for  the  purpose  of  quieting  the 
title  to  any  property,  against  the  lien  or  claim  of  lien  of  any  tax  or  taxes  under 
this  act,  or  for  the  purpose  of  having  it  determined  that  any  property  is  not 
subject  to  any  lien  for  taxes  under  this  act.  In  any  such  action,  the  plaintiffs 
may  be  any  administrator  or  executor  of  the  estate  or  will  of  any  decedent, 
whether  the  said  estate  shall  have  been  fully  administered  and  the  estate  settled 
and  closed  or  not,  and  any  heir,  legatee  or  devisee  of  any  such  decedent,  or 
trustee  of  the  estate  or  of  any  part  of  the  estate  of  such  decedent,  or  distributee 
of  the  estate  or  of  any  part  of  the  estate  of  any  such  decedent,  and  any  assignee, 
grantee  or  successor  in  interest  of  any  such  persons,  and  all  or  any  other  persons 
who  might  be  made  parties  defendant  in  any  action  brought  by  the  state  under 
the  provisions  of  this  section,  and  notwithstanding  that  all  or  any  of  the  persons 
enumerated  in  this  section  shall  or  may  have  assigned,  granted,  conveyed  or 
otherwise  parted  with  all  or  any  interest  in  or  title  to  the  property,  or  any 
thereof,  involved  in  any  such  claim  of  lien  before  the  commencement  of  such 
action.  All  or  any  of  the  persons  in  this  action  enumerated  may  be  joined  or 
united  as  parties  plaintiff.  The  enumeration  in  this  section  of  the  persons  who 
may  be  made  parties  shall  not  be  deemed  to  be  exclusive,  but  the  joinder  or  non- 
joinder of  parties,  except  when  otherwise  herein  provided,  shall  be  governed 
by  the  rules  in  equity  in  similar  cases.  In  all  cases  any  person  who  might 
properly  be  a  party  plaintiff  in  any  such  action  who  refuses  to  join  as  plaintiff 
may  be  made  a  defendant. 

(b)  All  actions  under  this  section  shall  be  commenced  in  the  superior  court 
of  the  county  in  which  is  situated  any  part  of  any  real  property  against  which 
any  lien  is  sought  to  be  enforced,  or  to  which  title  is  sought  to  be  quieted  against 
any  lien,  or  claim  of  lien;  but  if  in  said  action  no  lien  against  real  property  is 
sought  to  be  enforced,  the  action  shall  be  brought  in  the  superior  court  of  the 
county  which  has  or  w^hich  had  jurisdiction  of  the  administration  of  the  estate 
of  the  decedent  mentioned  herein. 

(c)  Service  of  summons  in  the  actions  brought  against  the  state  shall  be 
made  on  the  secretary  of  state  and  on  the  district  attorney  of  the  county  in 
which  the  estate  of  the  decedent  mentioned  herein  is  being  administered,  or  has 
been  administered  in  probate  proceedings,  and  it  shall  be  the  duty  of  said 
district  attorney  to  defend  all  such  actions. 

(d)  The  procedure  and  practice  in  all  actions  brought  under  this  section, 
except  as  otherwise  provided  in  this  act,  shall  be  governed  by  the  provisions  of 
the  Code  of  Civil  Procedure  in  relation  to  civil  actions,  so  far  as  the  same  shall 
or  may  be  applicable,  including  all  provisions  relating  to  motions  for  new 
trials  and  appeals. 

(e)  The  remedies  provided  in  this  section  shall  be  in  addition  to  and  not 
exclusive  of  any  remedies  provided  in  the  sections  preceding  this  section. 


14S 


COLLEGES — LAND    DOXATIONS. 


§  30.     This  act  shall  take  effect  and  be  in  force  from  and  after  July  first, 
nineteen  hundred  and  five. 


Former  acts  superseded. — It  is  assumed 
that  the  foregoing  statute  fully  supersedes 
the  former  Stats.  1893,  193,  ch.  CLXVIII, 
amended  1895,  33;  1897,  77;  1899,  101;  1903, 
55,    268. 

Decisions.  —  The  following  decisions  af- 
fecting the  former  enactments,  particularly 
§§  1,  2,  4,  20,  are  noted:  In  re  Estate  Wil- 
merding,  117  Cal.  281,  283,  49  Pac.  Rep.  181; 
In  re  Estate  Stanford,  126  Cal.  112,  114,  54 
Pac.  Rep.  259,  58  Pac.  Rep.  462,  45  L.  R.  A. 
788;  In  re  Estate  Mahoney,  133  Cal.  180,  85 
Am.  St.  Rep.  155,  65  Pac.  Rep.  389;  In  re 
Estate  .lohnson,  139  Cal.  532.  534,  96  Am.  St. 
Rep.  161,  73  Pac.  Rep.  424;  In  re  Estate 
Winchester,  140  Cal.  468,  74  Pac.  Rep.  10;  In 
re  Estate  Campbell,  143  Cal.  623,  626,  77  Pac. 
Rep.    674. 

Same — Section  twenty. — County  of  San  Di- 
ego vs.  Schwartz,  145  Cal.  49.  50-52,  78  Pac. 
Rep.   231. 

CHARITADLE  CORPORATIONS,  FOR- 
EIGN —  Statute  Imposing  Inheritance  tax 
upon,  as  to  property  received  by  them  by 
gift,  bequest,  or  devise,  constitutional. — 
Humphreys  vs.  State,  70  Ohio  St.  67,  101 
Am.  St.  Rep.  888,  70  N.  E.  Rep.  957.  See  In 
re  Estate  Prime,  136  N.  Y.  347,  32  N.  E. 
Rep.  1091.  18  L.  R.  A.  713;  In  re  Estate  Bal- 
leis,  144  N.  Y.  132,  38  N.  E.  Rep.  1007. 

CONSTITUTIONALITY  OF  INHERIT- 
ANCE-TAX LA"\V. — See  Mager  vs.  Grima, 
49  U.  S.  (8  How.)  490,  493,  bk.  12  L.  ed.  1168; 
Horn  Silver  Min.  Co.  vs.  New  York,  143  U. 


S.  305,  bk.  36  L.  ed.  164,  12  Sup.  Ct.  Rep. 
403;  United  States  vs.  Perkins.  163  U.  S. 
625,  bk.  41  L.  ed.  287,  16  Sup.  Ct.  Rep.  1073; 
Eidman  vs.  Martinez,  184  U.  S.  578,  bk.  46 
K    ed.    697,    22   Sup.    Ct.    Rep.    515. 

See  monographic  note  41  Am.  St.  Rep. 
580-585;  brief  in  50  L.  R.  A.  92. 

INHERITANCE  TAX  IS  NOT  ON  PROP- 
ERTY, BIT  ON  THE  SUCCESSION. — In  re 
Estate  Dows,  167  N.  Y.  227,  88  Am.  St.  Rep. 
509,  60  N.  E.   Rep.   439,  52  L.  R.  A.  433. 

See  28  L.  R.   A.   178;   39  L.   R.  A.   170. 

ON  LANDS  PLACED  IN  PARTNERSHIP. 
—People  vs.  Moir,  207  111.  180.  99  Am.  St. 
Rep.    205,    69   N.   E.   Rep.    905. 

PROPERTY  CONVEYED  IN  LIFETIME 
subject  to. — People  vs.  Moir,  207  111.  180,  99 
Am.   St.  Rep.   205,   69  N.  E.   Rep.   905. 

Illinois  Inheritance-tax  law. — See  People 
vs.  Moir,  207  111.  180,  99  Am.  St.  Rep.  205, 
69  N.  E.  Rep.  905. 

Iowa  Inheritance-tax  law. — See  Gilbertson 
vs.  Ballard  (Iowa  Oct.  26,  1904).  101  N.  W. 
Rep.   108. 

Maine  inheritance-tax  law. — See  State  vs. 
Hamlin,  86  Me.  495,  41  Am.  St.  Rep.  569, 
SO    Atl.    Rep.    76. 

New  York  Inheritance-tax  law. — See  In  re 
Estate  Prime,  136  N.  Y.  347,  32  N.  E.  Rep. 
1091,  18  L.  R.  A.  713;  In  re  Estate  Balleis, 
144   N.  Y.    132,   38  N.   E.  Rep.   1007. 

Ohio  inheritance  -  tax  law.  —  See  Hum- 
phreys vs.  State,  70  Ohio  St.  67.  101  Am.  St. 
Rep.    888,    70    N.    E.    Rep.    957. 


COLLEGES— LAND  DONATIONS. 

Expressing  assent  of  the  state  of  California  to  the  act  of  Congress,  approved 
August  thirtieth,  eighteen  hundred  and  ninety,  entitled  "An  act  to  apply 
a  portion  of  the  proceeds  of  the  public  lands  to  the  more  complete  endow- 
ment and  support  of  the  colleges  for  the  benefit  of  agriculture  and  the 
mechanic  arts,  established  under  the  provisions  of  an  act  of  Congress, 
approved  July  second,  eighteen  hundred  and  sixty-two,"  and  to  the 
purposes  of  the  grants  of  moneys  authorized  thereby,  and  to  all  the 
provisions  thereof. 

(Stats.  1891,  458,  ch.  CCXLIII.) 

§  1.  The  state  of  California  hereby  assents  to  the  purposes  of  the  grants 
of  moneys  authorized  by  the  act  of  Congress,  approved  August  thirtieth, 
eighteen  hundred  and  ninety,  and  to  all  the  provisions  thereof,  of  which  act 
the  following  is  a  copy: 

An  act  to  apply  a  portion  of  the  proceeds  of  the  public  lands  to  the  more 
complete  endowment  and  support  of  the  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,  established  under  the  provisions  of  an  act  of  Congress, 
approved  July  second,  eighteen  hundred  and  sixty-two. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the  United  States 
of  America,  in  Congress  assembled.  That  there  shall  be,  and  hereby  is,  annually 
appropriated  out  of  any  money  in  the  treasury  not  otherwise  appropriated, 


LAND    DONATIONS    FOR    COLLEGES.      ,  149 

arising  from  the  sales  of  public  lands,  to  be  paid  as  hereinafter  provided,  to  each 
state  and  territory,  for  the  more  complete  endowment  and  maintenance  of 
colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,  now  established, 
or  which  may  be  hereafter  established,  in  accordance  with  an  act  of  Congress 
approved  July  second,   eighteen  hundred   and  sixty-two,  the  sum  of  fifteen 
thousand  dollars  for  the  year  ending  June  thirtieth,  eighteen  hundred  and 
ninety,  and  an  annual  increase  of  the  amount  of  such  appropriation  thereafter 
for  ten  years,  by  an  additional  sum  of  one  thousand  dollars  over  the  preceding 
year;  and  the  annual  amount  to  be  paid  thereafter  to  each  state  and  territory 
shall  be  twenty-five  thousand  dollars  to  be  applied  only  to  instruction  in  agri- 
culture, the  mechanic  arts,  the  English  language,  and  the  various  branches  of 
mathematical,  physical,  natural,  and  economic  science,  with  special  reference 
to  their  applications  in  the  industries  of  life,  and  to  the  facilities  for  such 
instruction;  provided,  that  no  money  shall  be  paid  out  under  this  act  to  any 
state  or  territory  for  the  support  and  maintenance  of  a  college  where  a  dis- 
tinction of  race  or  color  is  made  in  the  admission  of  students,  but  the  establish- 
ment and  maintenance  of  such  colleges  separately  for  white  and  colored  students 
shall  be  held  to  be  a  compliance  with  the  provisions  of  this  act,  if  the  funds 
received  in  such  state  or  territory  be  equitably  divided  as  hereinafter  set  forth ; 
provided,  that  in  any  state  in  which  there  has  been  one  college  established  in 
pursuance  of  the  act  of  July  second,  eighteen  hundred  and  sixty-two,  and  also 
in  which  an  educational  institution  of  like  character  has  been  established,  or 
may  be  hereafter  established,  and  is  now  aided  by  such  state  from  its  own 
revenue,  for  the  education  of  colored  students  in  agriculture  and  the  mechanic 
arts,  however  named  or  styled,  or  whether  or  not  it  has  received  money  here- 
tofore under  the  act  to  which  this  act  is  an  amendment,  the  legislature  of 
such  state  may  propose  and  report  to  the  secretary  of  the  interior  a  just  and 
equitable  division  of  the  fund  to  be  received  under  this  act,  between  one  college 
for  white  students,  and  one  institution  for  colored  students  established  as  afore- 
said, which  shall  be  divided  into  two  parts,  and  paid  accordingly,  and  thereupon 
such  institution  for  colored  students  shall  be  entitled  to  the  benefits  of  this  act, 
and  subject  to  its  provisions,  as  much  as  it  would  have  been  if  it  had  been 
included  under  the  act  of  eighteen  hundred  and  sixty-two ;  and  the  fulfilment 
of  the  foregoing  provisions  shall  be  taken  as  a  compliance  with  the  provision 
in  reference  to  separate  colleges  for  white  and  colored  students. 

§  2.  That  the  sums  hereby  appropriated  to  the  states  and  territories  for  the 
further  endowment  and  support  of  colleges  shall  be  annually  paid  on  or  before 
the  thirty-first  day  of  July  of  each  year,  by  the  secretary  of  the  treasury,  upon 
the  warrant  of  the  secretary  of  the  interior,  out  of  the  treasury  of  the  United 
States,  to  the  state  or  territorial  treasurer,  or  to  such  officer  as  shall  be  desig- 
nated by  the  laws  of  such  state  or  territory  to  receive  the  same,  who  shall,  upon 
the  order  of  the  trustees  of  the  college  or  the  institution  for  colored  students, 
immediately  pay  over  said  sums  to  the  treasurers  of  the  respective  colleges, 
or  other  institutions  entitled  to  receive  the  same,  and  such  treasurers  shall  be 
required  to  report  to  the  secretary  of  agriculture,  and  to  the  secretary  of  the 
interior,  on  or  before  the  first  day  of  September  of  each  year,  a  detailed  state- 
ment of  the  amount  so  received,  and  of  its  disbursement.  The  grants  of 
moneys  authorized  by  this  act  are  made  subject  to  the  legislative  assent  of  the 


150  L,AIVD    DONATIONS— SECRETARY    INTERIOR. 

several  states  and  territories  to  the  purpose  of  said  grants;  provided,  that 
payments  of  such  instalments  of  the  appropriation  herein  made  as  shall  become 
due  to  any  state  before  the  adjournment  of  the  regular  session  of  legislature 
meeting  next  after  the  passage  of  this  act,  shall  be  made  upon  the  assent  of 
the  governor  thereof,  duly  certified  to  the  secretary  of  the  treasury. 

§  3.  That  if  any  portion  of  the  moneys  received  by  the  designated  officer  of 
the  state  or  territory,  for  the  further  and  more  complete  endowment,  support 
and  maintenance  of  colleges,  or  institutions  for  colored  students,  as  provided 
in  this  act,  shall,  by  any  action  or  contingency,  be  diminished  or  lost,  or  be 
misapplied,  it  shall  be  replaced  by  the  state  or  territory  to  which  it  belongs,  and 
until  so  replaced  no  subsequent  appropriation  shall  be  apportioned  or  paid 
to  such  state  or  territory,  and  no  portion  of  said  moneys  shall  be  applied, 
directly  or  indirectly,  under  any  pretense  whatever,  to  the  purchase,  erection, 
preservation,  or  repair  of  any  building  or  buildings.  An  annual  report  by  the 
president  of  each  of  said  colleges  shall  be  made  to  the  secretary  of  agriculture, 
as  well  as  to  the  secretary  of  the  interior,  regarding  the  condition  and  progress 
of  each  college,  including  statistical  information  in  relation  to  its  receipts 
and  expenditiu'es,  its  library,  the  number  of  its  students  and  professors,  and 
also  as  to  any  improvements  and  experiments  made  under  the  direction  of 
any  experiment  stations  attached  to  said  colleges,  with  their  costs  and  results, 
and  such  other  industrial  and  economical  statistics  as  may  be  regarded  as 
useful,  one  copy  of  which  shall  be  transmitted,  by  mail,  free,  to  all  other 
colleges  further  endowed  under  this  act. 

§  4.  That  on  or  before  the  first  day  of  July  in  each  year,  after  the  passage 
of  this  act,  the  secretary  of  the  interior  shall  ascertain  and  certify  to  the 
secretary  of  the  treasury  as  to  each  state  and  territory,  whether  it  is  entitled 
to  receive  its  share  of  the  annual  appropriation  for  colleges,  or  of  institutions 
for  colored  students,  under  this  act,  and  the  amount  which,  thereupon,  each  is 
entitled,  respectively,  to  receive.  If  the  secretary  of  the  interior  shall  with- 
hold a  certificate  from  any  state  or  territory  of  its  appropriation,  the  facts 
and  reasons  therefor  shall  be  reported  to  the  president,  and  the  amount  in- 
volved shall  be  kept  separate  in  the  treasury  until  the  close  of  the  next  Con- 
gress, in  order  that  the  state  or  territory  may,  if  it  should  so  desire,  appeal  to 
Congress  from  the  determination  of  the  secretary  of  the  interior.  If  the  next 
Congress  shall  not  direct  such  sum  to  be  paid,  it  shall  be  covered  into  the 
treasury.  And  the  secretary  of  the  interior  is  hereby  charged  with  the  proper 
administration  of  this  law. 

§  5.  That  the  secretary  of  the  interior  shall  anuualh'  report  to  Congress 
the  disbursements  which  have  been  made  in  all  the  states  and  territories,  and 
also  whether  the  appropriation  of  any  state  or  territory  has  been  withheld, 
and  if  so,  the  reasons  therefor. 

§  6.  Congress  may  at  any  time  amend,  suspend,  or  repeal  any  or  all  of  the 
provisions  of  this  act.     [Approved  August  30,  1890.] 


LANDMARKS— COLTOIV    HALL.  151 

COLTON  HALL  (MONTEREY). 

To  provide  for  the  appointment  of  a  board  of  Colton  Hall  trustees,  and  for 
the  leasing  of  the  Colton  Hall  property,  and  providing  for  an  appropria- 
tion for  the  preservation,  protection,  and  improvement  of  said  property. 
(Stats.  1903,  435,  eh.  CCCXIV.) 

"Whereas,  The  historic  landmarks  of  California,  so  closely  associated  and 
identified  with  the  state's  early  history,  are  rapidly  disappearing;  and 

Whereas,  Colton  Hall  at  Monterey,  one  of  the  oldest  and  most  valuable  of 
these  landmarks,  in  which  building  convened  California's  first  constitutional 
convention,  is  greatly  in  need  of  extensive  repairs ;  therefore,  be  it  enacted  that 

§  1.  The  governor  shall  appoint  three  trustees,  to  be  known  as  the  board  of 
Colton  Hall  trustees,  two  of  whom  at  least  shall  be  residents  of  the  city  of 
Monterey,  state  of  California;  and  the  governor  shall  designate  at  the  time  of 
such  appointment  their  respective  terms  of  office  in  accordance  with  the  follow- 
ing classification,  viz. :  two  of  them  shall  serve  for  two  years,  and  one  of  said 
trustees  shall  serve  for  four  years,  from  the  time  of  his  appointment.  Their  suc- 
cessors shall  be  appointed  by  the  governor  and  shall  hold  their  office  for  the 
term  of  four  years  and  until  their  successors  are  appointed  and  qualified.  The 
said  trustees  shall  qualify  by  taking  the  usual  oath  of  office. 

§  2.  The  said  board  of  Colton  Hall  trustees  are  hereby  authorized  to  accept 
from  the  city  of  Monterey,  at  a  rental  of  not  more  than  one  dollar  per  year, 
a  lease  of  not  less  than  ten  years  of  the  site  and  grounds  known  as  the  Colton 
Hall  property ;  the  same  during  the  term  of  said  lease  to  be  under  the  exclusive 
management  and  control  of  said  board  of  Colton  Hall  trustees  and  the  state 
of  California  as  a  state  institution,  and  which  said  property  is  particularly 
described  as  that  certain  lot  of  land  situated  on  the  westerly  side  of  Pacific 
Street,  in  the  city  of  Monterey,  county  of  Monterey,  state  of  California, 
bounded  south  by  the  lands  of  Mrs.  C.  Underwood,  north  by  King  Street  and 
Pinto  lot,  and  west  by  Gordon  Street. 

§  3.  The  said  board  of  Colton  Hall  trustees  shall  provide  for  the  preserva- 
tion, protection,  and  improvement  of  the  said  Colton  Hall  property  in  such 
way  and  manner  as  in  their  judgment  may  seem  best  and  proper.  Said  board 
of  trustees  shall  immediately  upon  their  appointment  organize  by  the  election 
of  a  president,  a  secretary,  and  a  treasurer  from  their  number,  which  officers 
shall  serve  without  compensation;  and  the  president  and  secretary  are  hereby 
authorized  when  empowered  by  said  board  to  do  and  perform  all  things  per- 
taining to  the  duties  of  said  board. 

§  4.  The  sum  of  one  thousand  five  hundred  ($1,500)  dollars,  five  hundred 
($500)  dollars  of  which  shall  be  available  for  the  purposes  hereinbefore  set 
forth  immediately  after  the  passage  of  this  act,  and  the  remaining  one  thou- 
sand ($1,000)  dollars,  in  the  fifty-fifth  fiscal  year,  is  hereby  appropriated  out 
of  the  general  fund  of  the  state  treasury  for  the  purpose  of  carrying  out  the 
provisions  of  section  three  of  this  act.  The  controller  is  hereby  authorized 
to  draw  his  warrant  in  favor  of  said  board  for  the  money  herein  made  payable, 
and  the  treasurer  is  directed  to  pay  the  same. 

§  5.     This  act  shall  go  into  effect  immediately. 

See  Historic  Property. 


152  COMMISSIONER    OF   TRANSPORTATION — PENALTIES,   ETC. 

COMMISSIONER  OF  TRANSPORTATION. 

To  create  the  office  of  commissioner  of  transportation,  and  to  define  its  powers 
and  duties;  to  fix  the  maximum  charges  for  transporting  passengers  and 
freights  on  certain  railroads,  and  to  prevent  extortion  and  unjust  dis- 
crimination thereon. 

(Stats.  1877-8,  969,  ch.  DCXLI.) 

Chapter  Two.     Extortions,  Discriminations,   Forfeitures,   and  Penalties. 

§  1.  A  railroad  company  shall  be  deemed  guilty  of  extortion  in  the  following 
cases : 

First — When  it  shall  wilfully  charge,  demand,  or  receive  from  any  passen- 
ger, as  his  fare  from  one  station  or  place  to  another,  any  greater  sum  than 
is  specified  as  the  fare  between  such  stations  or  places,  for  the  same  class  of 
passage  and  in  the  same  direction,  in  its  tariff  of  fares  on  file  with  the  com- 
missioner of  transportation. 

Second — ^When  it  shall  wilfully  charge,  demand,  or  receive  from  any  person 
or  persons,  as  the  rate  of  freight  on  goods  or  merchandise,  any  greater  sum 
than  is  specified  as  the  rates  for  the  like  quantity  of  goods  or  merchandise  of 
the  same  class,  between  the  same  places,  and  in  the  same  direction,  in  its 
printed  tariff'  of  freights  on  file  wnth  said  commissioner. 

Third — When  it  shall  wilfully  charge,  collect,  or  receive  from  any  person  or 
persons  a  greater  amount  of  rate  of  toll,  or  compensation,  than  it  shall  at  the 
same  time  charge,  collect,  or  receive  from  any  other  persons  for  receiving, 
handling,  storing,  or  delivering  freight  of  the  same  class  and  like  quantity  at  the 
same  place. 

Fourth — W^hen  it  shall  wilfully  charge,  demand,  or  receive  from  any  pei'son 
or  persons  any  greater  sum  for  passage  or  freight  than  from  any  other  person 
or  persons,  between  the  same  places,  in  the  same  direction,  for  the  same  class 
of  passage,  or  for  the  like  quantity  of  goods  of  the  same  class. 

Fifth — When  it  shall  wilfully  charge,  demand,  or  receive  as  compensation 
for  receiving,  storing,  handling,  or  delivering,  or  for  transporting  any  lot  of 
goods,  or  merchandise  any  greater  sum  than  it  shall,  by  or  through  any  of  its 
authorized  agents,  wherever  situated,  have  agreed  to  charge  for  such  services 
previously  to  the  performance  thereof. 

§  2.  A  railroad  company  shall  be  deemed  guilty  of  unjust  discrimination  in 
the   following  cases: 

First — When  it  shall  directly  or  indirectly  wilfully  charge,  demand,  or  re- 
ceive from  any  person  or  persons  any  less  sum  for  passage  or  freight  than  from 
any  other  person  or  persons  (except  as  in  this  act  herein  provided),  at  the  same 
time,  between  the  same  places,  and  in  the  same  direction,  for  the  like  class  of 
passage,  or  for  the  like  quantity  of  goods  of  the  same  class. 

Second — When  it  shall  directly  or  indirectly  wdlfully  charge,  demand,  or 
receive  from  any  person  or  persons,  as  compensation  for  receiving,  handling, 
storing,  or  delivering  any  lot  of  goods  or  merchandise,  any  less  sum  than  it 
shall  charge,  collect,  or  receive  from  any  other  person  for  the  like  service,  to 
a  like  quantity  of  goods  of  the  same  class,  at  the  same  place. 

§  3,  It  shall  be  unlawful  for  any  such  railroad  company  to  grant  free  passes 
for  travel  within  this  state,  except  to  the  following  persons : 


COMMISSIONER   OF   TRANSPORTATION — PENALTIES,   ETC.  153 

First — Directors,  officers,  agents,  and  employees  of  the  company,  and  their 
families. 

Second— Officers,  and  agents,  and  railroad  contractors  of  other  railroads, 
and  telegraph,  express,  stage,  and  steamboat  or  steamship  companies. 

Third — Destitute  persons. 

Fourth — The  commissioner  of  transportation,  and  his  secretary  and  em- 
ployees, when  traveling  in  the  discharge  of  their  official  duties. 

Fifth — Public  messengers,  troops,  and  other  persons  who  are,  under  existing 
laws,  or  any  contract  of  such  railroad  company  with  this  state,  to  be  trans- 
ported free  of  charge. 

Every  such  railroad  company  shall  keep  a  record  of  all  free  passes  issued 
by  it,  except  such  as  are  issued  by  it  to  officers,  agents,  employees,  and  their 
families,  and  of  the  several  classes  thereof,  and  of  the  number  of  times  each 
pass  shall  be  used,  and  shall  report  the  same  to  the  commissioner  of  trans- 
portation whenever  required. 

§  4.  If  any  such  railroad  company  shall  be  guilty  of  extortion,  as  defined  in 
section  one  of  this  chapter,  it  shall  forfeit  and  pay  to  the  person  or  persons 
aggrieved  three  times  the  amount  of  the  damages  sustained  by  him  or  them, 
together  with  the  costs  of  suit,  to  be  recovered  in  any  court  of  competent 
jurisdiction. 

§  5.  If  any  such  railroad  company  shall  be  guilty  of  unjust  discrimination, 
as  defined  in  section  two  of  this  chapter,  it  shall  forfeit  and  pay  the  sum  of 
one  thousand  dollars  for  each  offense. 

§  6.  If  any  such  railroad  company  issues  free  passes  to  any  person  or 
persons,  other  than  those  specified  in  section  three  of  this  chapter,  or  if  any 
such  company  or  any  of  its  conductors  shall  permit  any  person  whatever  to 
travel  free  upon  its  cars,  except  upon  the  exhibition  of  free  passes  issued  as 
provided  in  this  section,  such  company  or  conductor  shall  forfeit  and  pay,  for 
each  offense,  the  sum  of  one  hundred  dollars. 

§  7.  If  any  such  railroad  company  refuses  or  neglects  to  comply  with  the 
award  of  the  commissioner,  provided  in  section  five  of  chapter  one  of  this  act, 
it  shall  forfeit  the  sum  of  one  hundred  dollars  per  day  from  the  time  desig- 
nated by  the  commissioner  for  the  completion  of  the  work  required  until  such 
work  shall  be  actually  completed. 

§  8.  If  any  such  railroad  corporation  neglects  or  refuses  to  file  its  tariff  of 
freights  and  fares,  as  provided  in  section  six,  or  to  make  its  annual  report,  as 
provided  in  section  seven  of  chapter  one  of  this  act,  it  shall  forfeit  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars  per  day  for  each  and 
every  day  of  such  neglect  or  refusal. 

§  9.  Any  person  aggrieved  thereby,  who  may  be  unable  to  obtain  satisfaction 
from  the  proper  officers  of  any  railroad  in  this  state,  may  report  to  the  com- 
missioner of  transportation  any  violations  of  the  provisions  of  this  act  by  any 
railroad  company  doing  business  therein,  or  by  any  of  its  officers,  agents,  or 
employees,  and  it  shall  be  the  duty  of  the  commissioner  to  make  a  prompt  in- 
vestigation of  such  charges. 

§  10.  Whenever  it  shall  come  to  the  knowledge  of  the  commissioner  that  the 
provisions  of  this  act  have  been  violated  by  any  railroad  company,  and  the 


154  COMMISSIONER    OF   TRANSPORTATION — POLICE    REGULATIONS. 

facts  in  his  judgment  warrant  a  prosecution  therefor,  he  shall  immediately  give 
notice  thereof  to  the  district  attorney  of  the  county  in  which  such  violation 
occurred,  and  it  is  hereby  made  the  duty  of  such  district  attorney  to  commence 
and  prosecute,  in  a  court  of  competent  jurisdiction,  an  action  against  any 
railroad  company  that  shall  have  been  guilty  of  such  violation. 

§  11.  All  fines,  forfeitures,  and  penalties  for  violations  of  the  provisions  of 
this  act  herein  provided  shall  be  recovered  by  action  in  the  name  of  the  people 
of  the  state  of  California.  Such  action  shall  be  brought  and  prosecuted  upon 
complaint  of  the  commissioner,  or  the  person  aggrieved,  by  the  district  attorney 
of  the  county  in  which  such  violation  occurred;  and  all  moneys  paid  or  recov- 
ered on  account  of  such  fines,  penalties,  and  forfeitures  shall  be  paid  into  the 
state  treasury  for  the  benefit  of  the  public  school.  It  is  hereby  made  the  duty 
of  the  attorney-general  to  counsel,  advise,  and  assist  the  commissioner  of  trans- 
portation, whenever  he  shall  be  requested  by  him  so  to  do,  concerning  any  and 
all  actions,  proceedings,  mattere,  things,  powers,  liabilities,  and  duties  arising 
under  the  provisions  of  this  act.  He  may  also  institute  and  prosecute  any 
action  or  proceeding  which  may  be  necessary  the  more  effectually  to  carry  out 
the  provisions  of  this  act,  and  he  may  at  any  time  take  control  of  or  assist 
in  the  prosecution  of  any  action  or  proceeding  commenced  by  any  district 
attorney,  as  herein  provided,  w^henever  in  his  judgment  the  public  interest  will 
be  subserved  thereby. 

Chapter  Three.    Police  Regulations. 

§  1.  In  forming  a  train  on  any  railroad  no  freight,  merchandise,  or  lumber 
cars  shall  be  placed  in  the  rear  of  passenger  cars,  and  if  they  or  any  of  them 
shall  be  so  placed,  the  officer  or  agent  who  so  directed,  or  who  knowingly 
suffered  such  arrangement  of  cars,  and  the  conductor  of  the  train,  shall  be 
guilty  of  a  misdemeanor  and  shall  be  punished  accordingly. 

§  2.  No  company  operating  an.y  railroad  in  this  state  shall,  in  carrying  and 
transporting  cattle,  sheep,  or  swine,  in  carload  lots  confine  the  same  in  cars 
for  a  longer  period  than  thirty-six  consecutive  hours,  without  unloading  for 
rest,  water,  and  feeding,  for  a  period  of  at  least  ten  consecutive  houre.  In 
estimating  such  time  of  confinement,  the  period  during  which  the  animals  have 
been  confined  without  such  rest  on  connecting  roads  from  which  they  are  re- 
ceived shall  be  computed.  In  case  the  owner  or  person  in  charge  of  such 
animals  refuses  or  neglects  to  pay  for  the  care  and  feed  of  animals  so  rested, 
the  railroad  company  may  charge  the  expense  thereof  to  the  owner  or  con- 
signee, and  retain  a  lien  upon  the  animals  therefor  until  the  same  is  paid. 

§  3.  When  any  freight  train  or  any  railroad  shall  stop  in  such  a  position 
as  to  obstruct  the  ordinary  travel  on  any  highway,  for  a  longer  period  than  ten 
minutes,  the  person  having  charge  of  such  train  shall  cause  it  to  be  separated, 
so  as  to  leave  one  street  or  highway  open  to  its  full  width  to  accommodate  the 
public  travel;  and  any  railroad  company  in  whose  employment  any  person 
shall  be,  who  shall  violate  this  section,  shall  forfeit  and  pay  the  sum  of  twenty- 
five  dollars  for  each  offense. 

§  4.  "Whoever  enters  upon  or  crosses  any  railroad,  at  any  private  paf^.sway, 
which  is  inclosed  by  bars  or  gates,  and  neglects  to  leave  the  same  securely 
closed  after  him,  shall  be  guilty  of  a  misdemeanor. 


COMMISSIONKR   OF  TRANSPORTATION — POLICE   REGULATIONS.  155 

§  5.  "Whoever  shall  lead,  ride,  drive,  or  conduct  any  beast  along  the  track  of 
fi  railroad,  except  where  the  railroad  is  built  within  the  limits  of  the  public 
highway,  or  who  shall  place,  or  having  the  right  to  prevent  it,  shall  suffer  any 
animal  to  be  placed  within  the  fences  thereof  for  grazing  or  other  purposes, 
shall  be  guilty  of  a  misdemeanor. 

§  6.  Any  person  who  may  be  employed  upon  the  railroad  of  any  company  in 
this  state  as  engineer,  conductor,  baggage-master,  brakeman,  switchman,  fire- 
man, bridge-tender,  flagman,  or  signalman,  or  who  may  have  charge  of  the  regu- 
lation or  running  of  trains  upon  said  railroad  in  any  manner  whatever,  and 
who  shall  become  or  be  intoxicated  while  engaged  in  the  discharge  of  his 
duties,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  for  each  offense  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  a  county  jail  for  a  term  not  exceeding  six  months,  or  both,  in 
the  discretion  of  the  court  having  cognizance  of  the  offense ;  and  if  any  person 
so  employed  as  aforesaid,  by  reason  of  such  intoxication,  shall  do  any  act,  or 
neglect  any  duty,  which  act  or  neglect  shall  cause  the  death  of,  or  bodily  injury 
to  any  person  or  persons,  he  shall  be  deemed  guilty  of  a  felony. 

§  7.  The  governor  may,  from  time  to  time,  upon  the  application  of  any 
railroad  or  steamboat  company,  commission  during  his  pleasure,  one  or  more 
persons  designated  by  such  company,  who,  having  been  duly  sworn,  may  act  at 
its  expense  as  policemen,  with  the  powers  of  a  deputy  sheriff,  upon  the  prem- 
ises used  by  it  in  its  business,  or  upon  its  cars  or  vessels.  The  company  desig- 
nating such  person  shall  be  responsible  civilly  for  any  abuse  of  his  authority. 

§  8.  Every  such  policeman  shall,  when  on  duty,  wear  in  plain  view  a  shield 
bearing  the  words  "railroad  police,"  or  "steamboat  police,"  as  the  case  may 
be,  and  the  name  of  the  company  for  which  he  is  commissioned. 

§  9.  Every  person  who  shall  fraudulently  evade  or  attempt  to  evade  the 
payment  of  his  fare  for  traveling  on  any  railroad  shall  be  fined  not  less  than 
five  nor  more  than  twenty  dollars. 

§  10.  An  act  entitled  an  act  to  provide  for  the  appointment  of  commissioners 
of  transportation,  to  fix  the  maximum  charges  for  freights  and  fares,  and  to 
prevent  extortion  and  discrimination  on  railroads  in  this  state,  approved  April 
third,  eighteen  hundred  and  seventy-six,  is  hereby  repealed,  and  all  other  acts 
and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby  repealed, 
so  far  as  they  conflict  herewith. 

§  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

This  statute  by  some  has  been  treated  as  It  may  be  that  chapters  2  and  3  of  the  Act 

superseded  by  act  of  1880,  p.  207,  ch.  CXVII,  of   1S77-8  are   not  superseded,  and  they  are 

relating    to     railroad      commissioners,     and  therefore  here  given  in  full.     Section  10  of 

which,  by  section  13,  required  the  commis-  the  original  statute  was  considered  in  Peo- 

sioner    of    transportation    to    turn    over    the  pie  vs.  Central  P.  R.  Co.,   62  Cal.   506,  507. 
effects    of    his    office    to    the    railroad    com-  Portiou^^  of  the  statute  relating  to  care  of 

missioners.  animals  on  trains,  and  providing  for  police 

It  is  evident   that  the  latter  act  does  not  protection,  have  been  carried  into  the  Penal 

entirely  supersede  the  former. — See  Dyer  vs.  Code  by  Stats.  1905,  672,  ch.  DXII,  and  1905, 

Placer  County,  90  Cal.  276.  278,  27  Pac.  Rep.  766,   ch.   DLXXIII.     See  KERR'S   CYC.  PEN. 

197;    Gieseke    vs.    County    San    Joaquin,    109  CODE  §  369b. 
Cal.   489,   42   Pac.  Rep.   446.  See  tit.  Railroad  Commissioners. 


15S  CONGRESSIONAL,    DISTRICTS. 

CONGRESSIONAL  DISTRICTS. 

To  divide  the  state  into  congressional  districts,  and  provide   for  the  election 
of  members  of  the  house  of  representatives  of  the  United  States  therein. 

(Stats.  1901,  548,  ch.  CLXV.) 

§  1.  The  state  is  hereby  divided  into  eight  congressional  districts,  respect- 
ively numbered  and  constituted  as  follows: 

1.  The  counties  of  Del  Norte,  Humboldt,  Siskiyou,  Trinity,  Tehama,  Shasta, 
Modoc,  Lassen,  Plumas,  Sierra,  Nevada,  Placer,  El  Dorado,  Amador,  Calaveras, 
Alpine,  Mono,  Mariposa,  and  Tuolumne  shall  constitute  the  first  congressional 
district. 

2.  The  counties  of  Mendocino,  Glenn,  Colusa,  Butte,  Sutter,  Yuba,  Sacra- 
mento, Yolo,  Lake,  Napa,  Sonoma,  and  Marin  shall  constitute  the  second  con- 
gressional district. 

3.  The  counties  of  Alameda,  Contra  Costa,  and  Solano  shall  constitute  the 
third  congressional  district. 

4.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  point  of  intersection  of  the  center  of  Lyon  Street 
and  the  bay  of  San  Francisco,  continuing  thence  along  the  center  of  the  follow- 
ing named  streets :  Lyon  to  Washington,  Washington  to  Baker,  Baker  to  Geary, 
Geary  to  Van  Ness  Avenue,  Van  Ness  Avenue  to  Grove,  Grove  to  Polk,  Polk 
to  Market,  Market  to  Tenth,  Tenth  to  Howard,  Howard  to  Twentieth,  thence 
along  Twentieth  to  the  bay  of  San  Francisco,  thence  along  the  shore  of  said 
bay  to  Lyon  Street,  the  point  of  beginning;  together  with  all  the  waters  of  the 
bay  of  San  Francisco,  and  the  islands  contained  therein,  situate  within  the 
boundaries  of  the  city  and  county  of  San  Francisco,  shall  constitute  the  fourth 
congressional  district, 

5.  All  that  portion  of  the  city  and  county  of  San  Francisco  not  included  in 
the  fourth  congressional  district,  with  the  islands  knowTi  as  the  Farallon 
Islands,  together  with  the  counties  of  San  Mateo  and  Santa  Clara,  shall  con- 
stitute the  fifth  congressional  district. 

6.  The  counties  of  Santa  Cruz,  ]\Ionterey,  San  Benito,  Fresno,  Kings,  Madera, 
Merced,  Stanislaus,  and  San  Joaquin  shall  constitute  the  sixth  congressional 
district. 

7.  The  county  of  Los  Angeles  shall  constitute  the  seventh  congressional 
district. 

8.  The  counties  of  San  Luis  Obispo,  Santa  Barbara,  Ventura,  Kern,  Tulare, 
Inyo,  San  Bernardino,  Orange,  Riverside,  and  San  Diego  shall  constitute  the 
eighth  congressional  district. 

§  2.  At  the  general  election  in  the  year  nineteen  hundred  and  two,  and  every 
two  years  thereafter,  there  shall  be  elected  in  each  of  the  congressional  districts 
constituted  by  section  one  of  this  act,  a  member  of  the  house  of  representatives 
of  the  United  States. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  4.  This  act  shall  take  effect  on  the  first  day  of  January,  nineteen  hundred 
and  two. 

See   Stats.   18S3,   296;   1891,   85;   People   vs.    Thompson,   67  Cal.  628,  9  Pac.   Rep.  833. 


CONSTITUTION— PROVISIONS    FOR   CONVENTION.  157 

CONSTITUTION  OF  CALIFORNIA. 

To  p;rovide  for  a  convention  to   frame   a  new  constitution   for  the  state   of 

California. 

(Stats.  1877-8,  759,  eh.  CCCCXC.) 
§  1.  An  election  shall  be  held  on  the  third  Wednesday  in  June,  eighteen 
hundred  and  seventy-eight,  of  delegates  to  meet  in  convention  to  revise  the 
constitution  of  this  state  and  to  frame  a  new  constitution.  No  other  question 
shall  be  submitted  to  the  people  or  voted  on  at  such  election,  any  statute  or 
law  to  the  contrary  notwithstanding.  All  other  elections  called  for  the  same 
time  shall  be  held  at  the  next  general  or  special  state  election. 

§  2.     The  number  of  delegates  to  be  chosen  to  such  convention  shall  be  one 
hundred  and  fifty-two,  to  be  apportioned  as  follows :   The  counties  of  San  Diego 
and  San  Bernardino  shall  jointly  elect  one  delegate;  the  county  of  San  Diego 
shall  elect  one  delegate ;  the  county  of  San  Bernardino  shall  elect  one  delegate ; 
the  county  of  Los  Angeles  shall  elect  three  delegates;  the  counties  of  Santa 
Barbara,  Ventura,  and   San  Luis  Obispo  shall  each  elect  one   delegate;   the 
counties  of  Tulare,  Kern,  and  Fresno  shall  elect  one  delegate  each,  and  the 
counties  of  Mono  and  Inyo  shall  elect  one  delegate ;  the  counties  of  INIariposa, 
Merced,  and  Stanislaus  shall  jointly  elect  one  delegate ;  the  counties  of  Mariposa 
and  Merced  shall  jointly  elect  one  delegate;  the  county  of  Stanislaus  shall  elect 
one  delegate;  the  counties  of  Santa  Cruz,  Monterey,  and  San  Benito  shall  jointly 
elect  one  delegate ;  the  county  of  Santa  Cruz  shall  elect  one  delegate ;  the  county 
of  Monterey  shaU  elect  one  delegate ;  the  county  of  San  Benito  shall  elect  one 
delegate;  the  county  of  Santa  Clara  shall  elect  five  delegates;  the  city  and 
county  of  San  Francisco  shall  elect  at  large  thirty  delegates;  the  city   and 
county  of  San  Francisco  at  large,  jointly  wnth  the  county  of  San  Mateo,  shall 
elect  one  delegate ;  the  county  of  San  Mateo  shall  elect  one  delegate ;  the  county 
of  Alameda  shall  elect  five  delegates ;  the  counties  of  Contra  Costa  and  Marin 
shall  jointly  elect  one  delegate ;  the  county  of  Contra  Costa  shall  elect  one  dele- 
gate ;  the  county  of  Marin  shall  elect  one  delegate ;  the  counties  of  San  Joaquin 
and  Amador  shall  jointly  elect  one  delegate ;  the  county  of  San  Joaquin  shall  elect 
four  delegates ;  the  county  of  Amador  shall  elect  two  delegates ;  the  counties  of 
Tuolumne  and  Calaveras  shall  jointly  elect  one  delegate;  the  county  of  Tu- 
olumne shall  elect  one  delegate;  the  county  of  Calaveras  shall  elect  one  dele- 
gate ;  the  county  of  Sacramento  shall  elect  five  delegates ;  the  counties  of  Solano 
and  Yolo  shall  jointly  elect  one  delegate ;  the  county  of  Solano  shall  elect  three 
delegates;  the  county  of  Yolo  shall  elect  one  delegate;  the  counties  of  Napa, 
Lake,  and  Sonoma  shall  jointly  elect  one  delegate;  the  county  of  Napa  shall 
elect  one  delegate;  the  county  of  Lake  shall  elect  one  delegate;  the  county  of 
Sonoma  shall  elect  four  delegates;  the  county  of  Placer  shall  elect  two  dele- 
gates; the  counties  of  El  Dorado  and  Alpine  shall  jointly  elect  two  delegates; 
the  county  of  El  Dorado  shaU  elect  one  delegate ;  the  counties  of  Nevada  and 
Sierra  shall  jointly  elect  one  delegate;  the  county  of  Nevada  shall  elect  four 
delegates;  the  county  of  Sierra  shall  elect  one  delegate;  the  counties  of  Yuba 
and  Sutter  shall  jointly  elect  one  delegate;  the  county  of  Yuba  shall  elect  two 
delegates;  the  county  of  Sutter  shall  elect  one  delegate;  the  counties  of  Butte, 
Plumas,  and  Lassen  shall  jointly  elect  one  delegate ;  the  counties  of  Plumas  and 


158  CONSTITUTION— PROVISIONS    FOR    CONVENTION. 

Lassen  shall  jointly  elect  one  delegate ;  the  county  of  Butte  shall  elect  two  dele- 
gates ;  the  counties  of  Mendocino,  Humboldt,  and  Del  Norte  shall  jointly  elect 
one  delegate;  the  county  of  Humboldt  shall  elect  one  delegate;  the  county  of 
Mendocino  shall  elect  one  delegate;  the  county  of  Del  Norte  shall  elect  one 
delegate;  the  counties  of  Siskiyou,  Modoc,  Trinity,  and  Shasta  shall  jointly 
elect  one  delegate;  the  counties  of  Siskiyou  and  Modoc  shall  jointly  elect  one 
delegate ;  the  counties  of  Trinity  and  Shasta  shall  jointly  elect  one  delegate ;  the 
county  of  Tehama  shall  elect  one  delegate ;  the  county  of  Colusa  shall  elect  one 
delegate;  and  thirty-two  (32)  delegates  shall  be  elected  by  the  state  at  large, 
eight  (8)  residents  of  each  congressional  district. 

§  3.  All  persons  entitled  by  law  to  vote  for  members  of  assembly  shall  be 
entitled  to  vote  at  such  election  in  their  respective  election  districts,  and  not 
elsewhere.     Such  election  shall  be  by  ballot. 

§  4.  The  following  regulations  shall  apply  to  the  aforesaid  election,  to  be 
held  on  the  third  Wednesday  in  June,  A.  D.  eighteen  hundred  and  seventy- 
eight  : 

First — The  said  election  shall  be  held  and  conducted  by  the  proper  election 
officers  of  the  several  election  districts  of  this  state,  and  shall  be  governed  and 
regulated  in  all  respects  by  the  general  election  laws  of  the  state  in  force  at 
the  time  of  said  election,  so  far  as  the  same  shall  be  applicable  thereto,  and  not 
inconsistent  with  the  provisions  of  this  act. 

Second — At  the  special  election  to  be  held  under  this  act,  if  no  other  pro- 
vision for  printing  and  using  new  great  regi.sters  or  ward  registers  shall  have 
in  the  mean  time  been  made  by  law,  the  copies  of  the  great  registers  which 
were  used  in  the  several  counties  of  this  state  at  the  general  election  held  in 
the  year  eighteen  hundred  and  seventy-seven  shall  be  used.  The  boards  of 
supervisors  must  furnish  the  boards  of  election  of  each  precinct  in  their  re- 
spective counties,  before  the  day  on  which  said  special  election  is  appointed  to 
be  held,  at  least  one  copy  of  the  aforesaid  printed  great  register.  If  the  boards 
of  supervisors  cannot  otherwise  obtain  a  sufficient  number  of  copies  of  the 
register  for  the  purpose,  it  must  take  the  copies  filed  in  the  office  of  the  county 
clerk,  in  pursuance  of  section  one  thousand  two  hundred  and  sixty-eight  of  the 
Political  Code.  If  the  copy  of  the  register  which  shall  be  furnished  to  any 
precinct  shall  have  been  used  at  a  previous  election,  the  character  *'X"  may 
be  used  instead  of  the  word  "voted,"  as  required  by  section  one  thousand  two 
hundred  and  twenty-eight  of  the  Political  Code.  It  shall  not  be  the  duty  of 
the  boards  of  election  to  post  copies  of  the  great  register,  as  required  by  section 
one  thousand  one  hundred  and  forty-nine  of  the  Political  Code. 

The  voter,  when  he  offers  his  ballot  at  a  polling-place,  shall  not  be  required  to 
announce  his  number  on  the  great  register,  as  provided  for  in  section  one 
thousand  two  hundred  and  twenty-five  of  the  Political  Code. 

Third — The  officers  of  the  several  counties  of  this  state,  whose  duty  it  is  under 
the  law  to  receive  and  canvass  the  returns  from  the  several  precincts  of  their 
respective  counties,  as  well  as  the  city  and  county  of  San  Francisco,  shall  meet 
at  the  usual  place  of  meeting  for  such  purpose  on  the  second  IMonday  after  said 
election.  If  at  the  time  of  meeting  the  returns  from  each  precinct  in  the  county 
in  which  the  polls  were  opened  have  been  received,  the  board  must  then  and 
there  proceed  to  canvass  the  returns ;  but  if  all  returns  have  not  been  received. 


.  CONSTITUTION — PROVISIONS    FOR    CONVENTION.  159 

the  canvass  must  be  postponed  from  day  to  day  until  all  of  tlie  returns  are 
received,  or  until  six  postponements  have  been  had,  when  they  shall  proceed 
to  make  out  returns  of  the  votes  cast  for  delegates  to  be  members  of  the  con- 
vention; and  the  proceedings  of  the  of&cers  whose  duty  it  is  to  make  out  said 
returns  shall  be  the  same  as  those  prescribed  for  like  officers  in  the  case  of  an 
election  for  governor,  except  that  the  returns  shall  be  transmitted  to  the  sec- 
retary of  state.  The  persons  receiving  the  highest  number  of  votes  at  such 
election  shall  be  elected,  except  in  the  case  of  persons  voted  for  as  delegates 
at  large.  Of  the  persons  so  voted  for  as  delegates  at  large,  the  eight  persons, 
residents  of  any  one  congressional  district,  who  shall  have  received  a  plurality  of 
votes  over  all  other  persons,  severally,  who  reside  in  the  same  congressional 
district,  shall  be  declared  elected  such  delegates  at  large. 

Fourth — The  secretary  of  state  shall,  as  soon  as  the  returns  of  said  election 
shall  be  received  by  him,  or  within  twenty  days  after  said  election,  in  the 
presence  of  the  governor  and  controller  of  state,  open  and  compute  all  of  the 
returns  received  of  votes  given  for  members  of  the  convention,  and  the  gover- 
nor shall  forthwith  issue  his  proclamation,  declaring  the  names  of  the  persons 
who  have  been  chosen  members  of  said  convention. 

§  5.  The  delegates  so  chosen  shall  meet  in  convention  in  the  assembly  cham- 
ber at  the  capitol,  in  the  city  of  Sacramento,  on  the  twenty-eighth  of  September, 
eighteen  hundred  and  seventy-eight,  at  twelve  o  'clock  m.  They  shall,  by  a  viva 
voce  vote,  and  the  vote  shall  be  entered  on  the  journal,  elect  one  of  their  number 
president,  and  such  secretaries  and  other  officers  as  they  may  deem  necessary. 
After  the  said  convention  has  met  and  organized,  it  shall  have  power  to  adjourn 
to  and  hold  its  meetings  at  any  place  in  said  city  of  Sacramento  other  than 
the  said  assembly  chamber,  and  all  committee-rooms  of  the  state  capitol  building 
shall  be  under  the  control  of  said  convention.  The  president  of  the  convention 
may  appoint  not  exceeding  one  doorkeeper  and  four  pages.  The  convention  may 
select  phonographic  reporters,  and  fix  the  amount  of  their  compensation ;  also,  a 
sergeant-at-arms  and  one  assistant.  The  delegates  to  the  convention  shall  receive 
the  same  per  diem  and  mileage  as  members  of  the  legislature ;  provided,  no  com- 
pensation shall  be  allowed  delegates  after  the  expiration  of  one  hundred  days. 
No  pay  shall  be  allowed  for  any  recess  longer  than  three  days  at  one  time.  The 
secretary  shall  receive  eight  dollars  per  day,  and  his  assistants,  each,  six  dollars 
per  day,  and  the  doorkeepers,  pages,  sergeant-at-arms,  and  assistants,  shall 
receive  the  same  compensation  as  provided  by  law  for  similar  services  and 
attendance  upon  the  assembly.  The  amount  of  pay  shall  be  certified  by  the 
president  of  the  convention,  and  shall  be  paid  by  the  treasurer  of  state,  on  the 
warrant  of  the  controller,  in  the  same  manner  as  members  of  the  legislature 
are  paid.  It  shall  be  the  duty  of  the  governor  to  attend  said  convention  at 
the  opening  thereof,  and  to  administer  the  constitutional  oath  of  office  to  the 
delegates,  and  to  preside  at  all  meetings  thereof  until  a  president  has  been 
elected  and  taken  his  seat,  but  the  governor  shall  have  neither  the  casting  vote 
nor  any  other  vote  therein.  The  secretary  of  state  shall  also  attend  at  the 
opening  of  the  convention  and  call  the  roll  of  delegates.  All  public  officers, 
boards,  and  commissions  shall  furnish  such  convention  with  all  such  informa- 
tion, papers,  statements,  books,  or  other  public  documents  in  their  possession 
as  the  said  copivention  shall  order  or  require  for  its  use  from  time  to  time  while 


160  CONSTITUTIOIV — PROVISIONS    FOR    CONVEINTIOIV.    i 

in  session.  It  shall  be  the  duty  of  the  secretary  of  state  to  furnish  the  members 
of  said  convention  with  stationery  to  the  amount  provided  by  law  for  the 
legislature  while  in  session,  and  to  the  convention  such  stationery,  manual, 
file-boards,  and  other  like  things  as  are  furnished  to  the  two  houses  of  the 
legislature.  Said  convention  may  adopt  such  rules  and  regulations  for  its  own 
government  as  a  majority  of  its  members  may  determine,  and  said  convention 
shall  be  the  judge  of  the  election  and  qualification  of  its  own  members. 

§  6.  A  journal  of  the  proceedings  of  the  said  convention  shall  be  kept,  and 
shall,  at  the  final  adjournment  thereof,  be  filed  in  the  office  of  the  secretary  of 
state,  and  the  constitution- agreed  to  by  the  convention  shall  be  recorded  in  his 
office.  A  majority  of  the  convention  shall  constitute  a  quorum  to  do  business. 
The  doors  of  the  convention  shall  be  kept  open,  except  when  the  public  welfare 
shall  require  secrecy.  Every  delegate  to  the  convention  shall  have  the  like 
privileges  from  arrest  and  from  civil  process  as  members  of  the  legislature 
now  have  by  law.  For  any  speech  or  debate  in  the  convention,  the  delegates 
shall  not  be  questioned  in  any  other  place.  The  convention  shall  have  the 
power  to  expel  any  of  its  members,  and  to  punish  its  members  and  officers  for 
disorderly  behavior,  by  imprisonment  or  otherwise;  but  no  member  shall  be 
expelled  until  the  report  of  a  committee  appointed  to  inquire  into  the  facts 
alleged  as  the  ground  of  his  expulsion  shall  have  been  made.  The  convention 
shall  have  power  to  punish  as  a  contempt,  and  by  imprisonment  or  otherwise, 
a  breach  of  his  privileges,  or  of  the  privileges  of  its  members,  but  such  power 
shall  not  be  exercised  except  against  persons  guilty  of  one  or  more  of  the 
following  offenses: 

First — The  offense  of  arresting  or  subjecting  a  member  or  officer  of  the  con- 
vention to  civil  process  in  violation  of  his  privilege  from  arrest  as  heretofore 
declared. 

Second — That  of  disorderly  conduct  in  the  immediate  view  and  presence 
of  the  convention,  and  directly  tending  to  interrupt  its  proceedings. 

Third — That  of  publishing  any  false  and  malicious  report  of  the  proceedings 
of  the  convention,  or  of  the  conduct  of  a  member  in  his  delegated  capacity. 

Fourth — That  of  refusing  to  attend,  or  be  examined  as  a  witness,  either 
before  the  convention  or  a  committee  to  take  testimony  in  the  proceeding  of  the 
convention. 

Fifth — That  of  giving  or  offering  a  bribe  to  a  member,  or  of  attempting  by 
menace,  or  any  other  corrupt  means  or  device,  directly  or  indirectly,  to  control 
or  influence  a  member  in  giving  his  vote,  or  to  prevent  him  from  giving  tho 
same. 

In  all  cases  in  which  the  convention  shall  punish  any  of  its  members,  or 
officers,  or  any  other  person,  by  imprisonment,  such  imprisonment  shall  not 
extend  beyond  the  session  of  the  convention.  Every  person  appointed  to  the 
office  of  secretary  of  the  convention  shall,  before  he  enters  on  the  duties  of  his 
office,  execute  a  bond  to  the  people  of  the  state,  with  such  security  as  the  con- 
troller shall  approve,  in  the  penal  sum  of  five  thousand  dollars,  conditioned 
that  he  shall  faithfully  perform  the  duties  of  his  office  and  account  for  all 
moneys  which  may  come  into  his  hands  by  virtue  thereof. 

§  7.  The  constitution  framed  by  such  convention  shall  be  submitted  by  the 
convention  to  the  people  for  their  adoption  or  rejection  at  a  special  election  to 


CONSTITTJTIOJVAL  CONVENTION— DUTY  OF  SECRETARY  OF  STATE— OATHS.      161 

be  held  on  the  first  Wednesday  of  May,  eighteen  hundred  and  seventy-nine, 
and  every  person  hereby  entitled  to  vote  for  delegates  may  vote  at  that  election, 
on  such  adoption  or  rejection,  in  the  election  district  in  which  he  shall  then 
reside,  and  not  elsewhere.  The  said  constitution  shall  be  voted  on  as  a  whole. 
No  other  question  than  the  adoption  or  rejection  of  the  proposed  constitution 
shall  be  submitted  to  the  people  or  voted  on  at  such  election,  any  statute  or 
law  to  the  contrary  notwithstanding.  The  convention  shall  prescribe  the  pub- 
lication of  said  constitution,  and  the  notice  to  be  given  of  the  election.  The 
ballots  or  tickets  shall  have  printed  or  written  upon  them  the  words  "For  the 
new  constitution,"  or  "Against  the  new  constitution,"  and  all  the  provisions 
of  law  now  or  at  that  time  existing  in  regard  to  general  elections  shall  be 
applicable  to  such  election,  except  that  the  provisions  of  the  first  and  second 
subdivisions  of  section  four  of  this  act  shall  also  apply  to  said  election.  The 
canvassing  and  returns  of  the  votes  cast  upon  such  question  shall,  in  such 
manner  as  the  convention  shall  direct,  be  certified  to  the  executive  of  the  state, 
who  shall  call  to  his  assistance  the  controller,  treasurer,  and  secretary  of  state, 
and  compare  the  votes  as  certified  to  him.  If,  by  such  an  examination,  it  is 
ascertained  that  a  majority  of  the  whole  number  of  votes  cast  at  such  election  be 
in  favor  of  such  new  constitution,  the  executive  of  this  state  shall,  by  his 
proclamation,  declare  such  new  constitution  to  be  the  constitution  of  the  state 
of  California,  and  that  it  will  take  effect  at  such  time  as  the  said  convention 
may  have  in  its  discretion,  by  resolution,  or  in  said  constitution  itself,  fixed. 
If  said  convention  fix  no  time  for  said  constitution  to  take  effect,  then  it  shall 
take  effect  immediately  upon  such  proclamation  being  made. 

§  8.  All  wilful  and  corrupt  false  swearing  in  taking  any  of  the  oaths  pre- 
scribed by  this  act,  or  by  the  laws  of  this  state  made  applicable  to  this  act, 
or  in  any  other  mode  or  form  in  carrying  into  effect  this  act,  shall  be  deemed 
perjury,  and  shall  be  punished  in  the  manner  now  prescribed  by  law  for  wilful 
and  corrupt  perjury. 

§  9,  It  shall  be  the  duty  of  the  secretary  of  state  to  cause  this  act  to  be 
published  once  a  month  after  its  passage,  until  the  election  of  delegates  herein 
provided,  in  not  more  than  five  of  the  public  newspapers  published  in  this 
state — one  of  said  publications  to  be  in  some  newspaper  published  in  the  city  and 
county  of  San  Francisco,  and  one  in  the  city  of  Sacramento,  one  in  the  county 
of  Los  Angeles,  and  one  in  the  county  of  Nevada,  and  one  in  the  county  of 
Tulare;  and  the  expense  of  publishing  the  same,  and  all  other  legal  expenses 
incurred  in  printing  for  the  convention,  shall  be  audited  by  the  controller  and 
paid  by  the  state  treasurer  according  to  law. 

§  10.  All  printing  necessary  for  the  said  convention,  under  the  provisions 
of  this  act,  shall  be  done  and  performed  at  the  state  printing  office. 

§  11.  In  case  any  vacancy  occurs  by  reason  of  the  death,  resignation,  or 
otherwise,  of  any  delegate  elected  to  said  convention,  the  same  shall  be  filled  by 
the  convention. 

§  12.  The  sum  of  one  hundred  and  fifty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  to  pay  the  expenses  of  the  convention  provided  for  in  this  act. 

§  13.     This  act  shall  take  effect  immediately. 

Gen.  Laws — 11 


163  CONTROLLER,   EXPERT    FOR — CONVEYANCES. 

The  Act  of  18S3,  p.  53,  relating  to  subnils-  ject  in  its  title,   the  act  was  held  unconsti- 

sion    to   popular   vote    of   amendments,    pro-  tutional   in  People  ex  rel.  Attorney-General 

posed    by    the   legislature,    was   repealed   by  vs.  Curry,    130   Cal.   82,    62   Pac.   Rep.   516. 

Act  of  1S99,   p.   24;  and  this  latter  act  con-  And  see  KERR'S  CYC.  POL.  CODE  §§1195, 

tained    provisions    for    submission    of    such  1197. 
amendments,  but  failing  to  state  this  sub- 

CONTROLLER  OF  STATE— EXPERT  FOR. 

To  repeal  an  act  entitled  "An  act  authorizing  the  controller  to  appoint  an 
additional  clerk  in  his  office,  in  addition  to  the  number  now  allowed  by 
law,  to  be  known  as  the  revenue  clerk,  and  making  an  appropriation  for 
the  payment  of  his  salary  for  the  remainder  of  the  forty-sixth  fiscal  year;" 
to  create  the  office  of  expert  to  the  controller,  and  prescribing  his  com- 
pensation. 

(Stats.  1899,  146,  ch.  CIX.) 

§  1.  An  act  entitled  "An  act  authorizing  the  controller  to  appoint  an  addi- 
tional clerk  in  his  office,  in  addition  to  the  number  now  allowed  by  law,  to 
be  known  as  the  revenue  clerk,  and  making  an  appropriation  for  his  salary 
for  the  remainder  of  the  forty-sixth  fiscal  year,"  approved  March  twentieth, 
eighteen  hundred  and  ninety-five,  is  hereby  repealed. 

§  2.  The  controller  is  hereby  authorized  to  appoint  an  expert  for  his  office, 
to  be  known  as  the  expert  to  the  controller,  and  who  shall  be  a  civil  executive 
officer.  The  salary  of  said  expert  shall  be  two  thousand  dollars  per  annum, 
payable  at  the  same  time  and  in  the  same  manner  as  other  state  officers. 

§  3.    This  act  shall  take  effect  from  and  after  its  passage. 

CONVEYANCES. 

Relating  to  conveyances  of  real  estate. 
(Stats.  1873-4,  345,  ch.  CCXLV.) 

§  1.  Any  person  in  whom  the  title  of  real  estate  is  vested  who  shall  after- 
wards, from  any  cause,  have  his  or  her  name  changed,  shall,  in  any  conveyances 
of  said  real  estate  so  held,  set  forth  the  name  in  which  he  or  she  derived  title 
to  said  real  estate. 

§  2.  All  conveyances  of  real  estate,  except  patents  issued  by  the  state  as 
a  party,  made  by  any  public  officer  pursuant  to  any  law  of  this  state,  shall, 
when  recorded  by  the  county  recorder,  be  by  him  alphabetically  indexed  in 
the  "index  of  grantors,"  both  in  the  name  of  the  officer  making  such  sale  and 
in  the  name  of  the  person  owning  the  property  so  sold. 

§  3.  It  is  hereby  made  the  duty  of  all  county  recorders  to  alphabetically 
index  in  the  "index  of  grantors,"  both  in  the  name  bj^  which  title  was  acquired 
and  also  by  M^hich  the  same  was  conveyed,  all  conveyances  referred  to  in  section 
one  of  this  act. 

§  4.     This  act  shall  be  in  force  from  and  after  its  passage. 

See  Peckham  vs.  Stewart,  97  Cal.  147,  154,  been  carried  into  the  Civil  Code  by  Stats. 
31    Pac.   Rep.    928.  lOnR.    602.      See  KERR'S    CYC.   CIVIL   CODE 

Section    1    of    the    foregoing    statute    has       §  1096. 


CONVICTS — BUREAU     OF    IDENTIFICATION.  163 

CONVICTS— BUREAU  OF  IDENTIFICATION. 

To  create  a  state  bureau  of  criminal  identification,  providing  for  the  appoint- 
ment of  a  director  of  said  bureau,  defining  bis  duties,  qualifications  and 
powers,  providing  for  the  appointment  of  a  clerk  of  said  bureau,  and 
fixing  his  qualification,  fixing  the  compensation  of  said  director  and  clerk, 
and  providing  for  the  manner  of  paying  the  same,  and  providing  for 
the  expense  of  conducting  the  office. 

(Stats.  1905,  520,  ch.  CCCXCIX.) 

§  1.  There  is  hereby  created  a  state  bureau  of  criminal  identification,  to 
be  known  as  ' '  The  Bureau  of  Criminal  Identification  of  the  State  of  California. ' ' 

§  2.  There  shall  be  a  director  of  said  bureau  appointed  by  the  board  of 
prison  directors  of  the  state  of  California  at  the  first  regular  meeting  held 
by  them  after  the  passage  of  this  act  whose  official  designation  shall  be  "The 
Director  of  the  State  Bureau  of  Criminal  Identification  of  the  State  of  Cali- 
fornia," and  whose  term  of  office  shall  be  during  the  pleasure  of  the  board  of 
prison  directors. 

§  3.  It  shall  be  the  duty  of  said  director,  immediately  upon  assuming  his 
office  to  file  for  record  and  report  in  his  office  all  plates,  photos,  outline 
pictures,  descriptions,  information  and  measurement  of  all  people  who  have 
been,  or  may  thereafter  be  convicted  and  fined,  or  imprisoned  for  violating 
any  of  the  military,  naval,  or  criminal  laws  of  the  United  States  of  America, 
including  the  laws  in  force  in  any  of  the  territories  or  possessions  of  the 
United  States,  or  of  this  or  any  other  state. 

§  4.  It  shall  be  the  duty  of  the  director  to  collect  as  far  as  possible  and 
file  for  record  and  report  in  his  office  all  plates,  photographs,  outline  pictures, 
measurements,  information  and  descriptions  of  all  persons  who  have  been 
or  who  hereafter  may  be,  convicted  and  imprisoned,  fined  or  otherwise  sub- 
jected to  a  penalty,  by  reason  of  crimes  committed  by  such  person,  in  this 
or  any  other  state,  territory  or  possession  of  the  United  States  of  America, 
and  it  shall  be  the  duty  of  the  director  to  use  all  diligence  in  procuring  the 
same  from  the  constituted  authorities  of  this  or  any  other  states,  territories 
or  possessions  of  the  United  States  of  America,  and  of  such  municipalities 
thereof  as  are  engaged  in  the  work  of  preserving  plates,  photographs,  out- 
line pictures,  descriptions,  information  and  measurements  of  persons  who  have 
been  or  who  may  hereafter  be  convicted  and  imprisoned,  fined  or  otherwise 
punished  for  crimes  committed  within  any  state,  territory  or  possession  of  the 
United  States  of  America,  and  said  director  shall  request  the  various  authori- 
ties of  the  various  states,  territories  and  possessions,  within  the  United  States, 
together  with  the  authorities  of  the  municipalities  with  whom  he  shall  com- 
municate, to  transmit  to  said  director  a  copy  of  all  plates,  photographs,  outline 
pictures,  descriptions,  information  and  measurements  herein  provided  for, 
with  a  duly  prepared  certificate  signed  by  an  authorized  officer  of  the  law 
having  knowledge  of  the  facts  therein  stated,  which  certificate  shall  state 
that  the  plates,  photographs,  outline  pictures,  measurements,  information 
and  description  of  persons  forwarded  by  such  officer  to  the  director  in 
accordance  with  the  provisions  of  this  act  are  the  absolute  plates,  photographs, 
outline   pictures,    measurements,    information    and   descriptions    of   the    very 


164  CONVICTS— BIREAU    OF    IDENTIFICATION. 

person  or  persons  whose  plate  [s],  photographs,  outline  pictures,  measurements, 
information  and  description  may  be  forwarded  by  such  authorities  to  the 
director  as  herein  provided.  Provided,  that  it  shall  be  the  duty  of  said 
director  to  use  all  diligence  to  obtain  and  file  for  record  in  his  office  the  plates, 
photograplis,  outline  pictures,  measurements,  or  information  or  description 
of  any  person  who  is  or  who  may  be  hereafter,  a  fugitive  from  justice  or 
wanted  by  the  authorities  of  the  United  States  or  of  this  state  by  reason  of 
the  commission  of  any  crime. 

§  5.  It  shall  be  the  duty  of  said  director  to  file  or  cause  to  be  filed  all 
plates,  photographs,  outline  pictures,  measurements,  information  and  descrip- 
tion which  shall  be  received  by  him  by  virtue  of  his  office,  and  he  shall  make 
a  complete  and  systematic  record  and  index  of  the  same,  providing  thereby 
a  method  of  convenient  consultation  and  comparison.  Provided,  that  it  shall 
be  the  duty  of  said  director  to  furnish,  upon  application,  all  information 
pertaining  to  the  identification  of  any  person,  or  persons,  a  plate,  photograph, 
outline  picture,  description,  measurement  or  any  data  of  which  person  there 
is  a  record  in  his  office,  provided,  however,  that  such  information,  shall  be 
furnished  to  the  United  States  officers,  or  officers  of  other  states  or  territories 
or  possessions  of  the  United  States  duly  authorized  to  receive  the  same  and 
to  all  sheriffs  of  the  state  of  California  which  application  shall  be  in  writing, 
and  be  accompanied  by  a  certificate  signed  by  the  officer  making  such  appli- 
cation, stating  that  the  information  applied  for  is  necessary  in  the  interest 
of  the  due  administration  of  the  laws,  and  not  for  the  purpose  of  assisting 
a  private  citizen  in  carrying  on  his  personal  litigation,  or  of  assisting  any 
person  in  advancing  his  personal  interest,  or  in  maliciously  or  uselessly  harass- 
ing, degrading  or  humiliating  any  person  or  persons. 

§  6.  In  this  bureau  may  be  used  the  following  systems  of  identification : 
The  Bertillon,  the  Depue,  the  finger-print  system  and  any  system  of  measure- 
ment that  may  be  adopted  by  law  in  the  various  penal  institutions  of  this 
state.  It  shall  be  the  duty  of  the  director  to  keep  on  file  in  his  office 
a  record  consisting  of  duplicates  of  all  measurements,  processes,  operations, 
signaletic  cards,  plates,  photographs,  outline  pictures,  measurements  and 
descriptions  of  all  persons  confined  in  penal  institutions  of  this  state  as  far  as 
possible,  in  accordance  with  whatever  system  or  systems  may  be  in  vogue  in  this 
state,  and  he  shall  furnish  copies  thereof  to  persons  in  the  manner  provided 
by  section  five  of  this  act. 

§  7.  It  shall  be  the  duty  of  the  director  to  obtain  from  the  wardens, 
superintendent  or  manager  of  each  of  the  state  prisons  and  other  penal 
institutions  of  the  state,  on  the  last  day  of  each  week  a  copy  of  all  photo- 
graphs, and  descriptions  of  all  persons  admitted  to  and  all  persons  discharged 
from  such  institutions  during  such  week,  and  it  is  hereby  made  the  duty  of 
all  wardens,  superintendents  and  managers  of  such  penal  institutions  to  fur- 
nish to  said  director  such  photographs  and  descriptions  in  such  manner  as 
to  enable  such  director  to  perform  his  duties  as  herein  provided. 

§  8.  The  director  shall  receive  a  salary  of  eighteen  hundred  dollars  ($1800.) 
per  annum,  to  be  paid  in  the  same  manner  and  out  of  the  same  fund  as  state 
officers  are  paid.  The  state  board  of  prison  directors  is  hereby  directed  to 
provide  office  room  and  furniture,  stationery  and  necessary  clerical  assistance, 


IDENTIFICATION    OF    CONVICTS— CORPORATIONS.  165 

and  all  other  things  which  in  their  judgment  are  necessary  to  properly  con- 
duct said  bureau,  to  be  paid  for  pro  rata  out  of  the  current  expense  funds  of 
the  penal  institutions  under  the  control  of  such  prison  directors. 

See  next  following'  statute. 

CONVICTS— IDENTIFICATION. 

Requiring  the  Wardens  of  the  state  prisons  of  California  to  furnish  the 
sheriffs  of  California  and  the  bureaus  of  identification  with  certain 
information  concerning  convicts  within  thirty  days  after  receiving  said 
convicts,  and  providing  for  payment  of  the  expense  incurred  thereby. 

(Stats.  1905,  532,  ch.  CDIII.) 

§  1.  The  wardens  of  the  state 's  prisons  of  the  state  of  California  shall 
within  thirty  days  after  receiving  all  persons  convicted  of  crime  and  sentenced 
to  terms  in  their  several  prisons  send  to  the  sheriffs  of  the  state  of  California 
and  legalized  bureau  of  identification  photographs  and  minute  description 
of  such  convict.  Together  with  minute  description  of  his  person  and  marks 
of  identification,  together  with  a  statement  of  the  nature  of  the  crime  he 
is  imprisoned  for. 

§  2.  Any  expenditures  incurred  in  carrying  out  the  provisions  of  this  act 
shall  be  paid  for  out  of  the  appropriation  made  for  the  support  of  state's  prison. 

§  3.  This  act  shall  be  in  effect  immediately  and  be  enforced  from  and 
after  its  passage  and  repeals  an  act  approved  March  twenty-seventh,  eighteen 
hundred  and  ninety-seven,  on  pages  two  hundred  and  thirteen  and  two  hun- 
dred and  fourteen  of  Statutes  and  Amendments  to  the  Codes  of  California 
>of  eighteen  hundred  and  ninety-seven. 

See  next  preceding  title,  Bureau  of  Identification. 

CORPORATIONS— CO-OPERATIVE. 

To   provide   for   incorporation,    operation,    and   management   of   co-operative 

associations. 

(Stats.  1895,  221,  ch.  CLXXXIII.) 

The   above   statute   has  been   carried  into  ch.    CDXXXVI.      See    KERR'S    CYC.    CIVIL 

the     Civil     Code     by     Stats.     1905,     595,     ch.  CODE  §  953a. 

CDXXXVII.    See  KERR'S  CYC.  CIVIL  CODE  Relating    to    the    Statutes    of    189.5.  —  See 

■§§  553b-653  1  inclusive.  Strong-   vs.    Los   Nietos    etc.    Assoc,    137    Cal. 

Also  Stats.   1877-8,  883,  ch.  DLXI.  defining  607,  608,  70  Pac.  Rep.  734. 

Co-operative   Business   Assoeiation.s,    is   said  See  tit.  Banks  and  Banking,-,  ante.    And  see 

to    be    no-w    superseded    by    Stats.    1905,    594,  note  at  conclusion  of  title  Corporations. 

CORPORATIONS— COUNTY  FIRE  INSURANCE. 

To  provide  for  the  organization  and  management  of  county  fire  insurance 

companies. 

(Stats.  1897,  439,  ch.  CCLXXI.) 

§  1.  Any  number  of  persons  not  less  than  twenty-five,  residing  in  any 
county  in  this  state,  owning  insurable  property  aggregating  not  less  than 
fifty  thousand  dollars  in  value,  which  they  desire  to  have  insured,  may  incor- 
porate for  the  purpose  of  mutual  insurance  against  loss  or  damage  by  fire. 


166  COUNTY    FIRE    INSURANCE     CORFORATIONS. 

§  2.  Such  persons  shall  file  with  the  insurance  commissioner  a  declaration 
of  their  intention  to  incorporate  for  the  purposes  expressed  in  section  one 
of  this  act,  which  declaration  shall  be  signed  by  all  of  the  incorporators,  and 
shall  contain  a  copy  of  the  articles  of  incorporation  proposed  to  be  adopted. 
The  insurance  commissioner  shall  examine  the  proposed  articles  of  incor- 
poration, and,  if  they  conform  to  this  act,  he  shall  deliver  to  such  persons  a 
certificate  permitting  them  to  incorporate  as  such  insurance  company.  Such 
certificate  shall  be  directed  to  the  clerk  of  the  county  in  which  such  corporation 
is  proposed  to  be  organized,  and  shall  contain  a  copy  of  the  proposed  articles 
of  incorporation.  Upon  filing  with  the  secretary  of  state,  the  certified  copies 
of  the  duly  executed  articles  of  incorporation,  as  required  by  section  two 
hundred  and  ninety  of  the  Civil  Code  of  the  state  of  California,  and  of  the 
certificate  above  provided  for,  the  secretary  of  state  shall  thereupon  issue 
a  certificate  of  incorporation  to  such  county  insurance  company,  and,  upon 
organizing  under  such  articles  of  incorporation,  such  county  fire  insurance 
company  may  carry  on  a  fire  insurance  business  as  hereinafter  provided. 
The  articles  of  incorporation  and  the  charter  or  certificate  obtained  by  any 
county  fire  insurance  company  operating  under  the  provisions  of  this  act, 
shall  be  subject  to  the  control  and  modification  by  the  legislature  of  the 
state  of  California.  The  by-laws  and  all  amendments  thereto  shall  be  filed 
with  the  insurance  commissioner  within  sixty  (60)  days  after  their  adoption. 

§  3.  The  number  of  directors  shall  not  be  less  than  (7)  seven,  nor  more  than 
eleven  (11),  a  majority  of  whom  shall  constitute  a  quorum  to  do  business. 
These  directors  shall  be  elected  from  the  members  of  the  association  by  ballot, 
and  shall  hold  office  for  one  year,  or  until  their  successors  are  elected  and 
qualified.  The  annual  meeting  of  the  members  of  the  company  shall  be  on 
the  second  Monday  in  January  of  each  year.  In  the  election  of  the  first 
board  of  directors  each  member  shall  be  entitled  to  one  vote.  At  every  sub- 
sequent election,  every  person  insured  shall  be  entitled  to  as  many  votes  as 
there  are  directors  to  be  elected,  and  an  equal  additional  number  for  every 
risk  or  risks  he  holds  in  the  company,  and  he  may  cast  the  same  in  person 
or  by  proxy,  distributing  them  among  the  directors  to  be  elected,  or  among 
a  less  number  of  directors,  or  cumulating  them  upon  one  candidate,  as  he 
shall  see  fit. 

§  4.  The  directors  shall  elect,  from  their  own  number,  a  president  and  a 
vice-president,  and  shall  also  elect  a  treasurer  and  a  secretary,  who  may  or 
may  not  be  members  of  the  company.  All  of  such  officers  hold  their  office  for 
one  year  from  the  date  of  their  election,  and  until  their  successors  are  elected 
and  qualified. 

§  5.  The  treasurer  and  secretary  shall  give  bonds  to  the  company  for 
the  faithful  performance  of  their  duties,  in  such  amounts  as  shall  be  pre- 
scribed by  the  board  of  directors. 

§  6.  Such  corporation  and  its  directors  shall  possess  the  usual  powers,  and 
be  subject  to  the  usual  duties  of  corporations  and  directors  thereof,  and 
may  make  such  by-laws,  not  inconsistent  with  the  constitution  and  the  laws  of 
this  state,  as  may  be  deemed  necessary  for  the  management  of  its  affairs, 
in  accordance  with  the  provisions  of  this  act.    Also  to  prescribe  the  duties  of 


COUNTY    fire:  insurance    corporations.  167 

its  officers  and  to  fix  their  compensation,  and  to  alter  and  amend  its  by-laws, 
when  necessary. 

§  7.  Any  person  owning  property  in  the  county  for  which  any  such  com- 
pany is  formed  may  become  a  member  of  such  company  by  insuring  therein, 
and  shall  be  entitled  to  all  the  rights  and  privileges  appertaining  thereto, 
and  no  person  not  residing  in  the  county  in  which  the  company  is  formed 
shall  become  a  director  of  such  company, 

§  8.  Such  company  may  issue  policies  only  on  detached  dwellings,  school- 
houses,  churches,  barns  (except  livery  barn[s]  and  hotel  barns),  and  other 
farm  buildings,  and  such  property  as  may  be  contained  therein;  also,  other 
property  on  the  premises  owned  by  the  insured ;  hay  and  grain  in  stack  or  in 
the  field,  and  live  stock  on  the  premises  of  the  insured,  anywhere  in  the  county, 
for  any  time  not  exceeding  five  years,  and  not  to  extend  beyond  the  time 
limited  for  the  existence  of  the  charter,  and  for  an  amount  not  to  exceed 
four  thousand  five  hundred  dollars  on  any  one  risk;  provided,  that  no  com- 
pany which  has  been  organized  more  than  six  months  shall  write  insurance 
subject  to  one  fire  exceeding  three  per  centum  of  the  amount  at  risk  upon 
the  books  of  such  company.  All  persons  so  insured  shall  give  their  obli- 
gation to  the  company,  binding  themselves,  their  heirs  and  assigns,  to  pay 
their  pro-rata  share  to  the  company  of  the  necessary  expense  and  of  loss 
by  fire  which  may  be  sustained  by  any  member  thereof  during  the  time  for 
which  their  respective  policies  are  written,  and  they  shall  also  at  the  time 
of  effecting  the  insurance  pay  such  a  percentage  in  cash,  and  such  other 
charges,  as  may  be  required  by  the  rules  or  by-laws  of  the  company. 

§  9.  All  such  companies  must  classify  the  property  insured  therein  at 
the  time  of  issuing  policies  thereon  under  different  rates,  corresponding  as 
nearly  as  may  be  to  the  greater  or  less  risk  from  fire  loss  which  may  be 
attached  to  the  several  kinds  of  property  insured. 

§  10.  No  such  company  shall  insure  any  property  beyond  the  limits  of  the 
county  within  which  the  company  is  organized,  nor  shall  any  company  issue 
policies  of  insurance  on  any  property  within  the  limits  of  any  city  containing 
over  six  thousand  inhabitants  at  the  time  of  the  organization  of  such  com- 
pany; provided,  that  no  dwelling  shall  be  insured  within  the  corporate  limits 
of  any  city  or  town  exposed  by  any  other  building  within  one  hundred  feet, 
or  by  any  other  risk  other  than  a  dwelling  or  private  barn,  within  two  hundred 
feet  of  the  risk  assumed;  provided,  that  the  amount  of  insurance  shall  not 
exceed  seventy-five  per  centum  of  the  value  of  the  property  and  that  no 
additional  insurance  shall  be  allowed. 

§  11.  Every  member  of  such  company  who  may  sustain  loss  or  damage  by 
fire  shall  immediately  notify  the  president,  or  in  his  absence,  the  secretary 
thereof,  stating  the  amount  of  damages  or  loss  sustained  or  claimed,  and  if  not 
more  than  two  hundred  dollars,  then  the  president  and  secretary  shall  proceed 
to  ascertain  the  amount  of  such  loss  or  damage,  and  adjust  the  same.  If  the 
claim  for  damage  or  less  be  an  amount  greater  than  two  hundred  dollars,  then 
the  president  of  such  company,  or  in  his  absence,  the  vice-president,  or  in  the 
absence  of  both,  the  secretary  thereof,  shall  forthwith  convene  the  board  of 
directors  of  such  company,  whose  duty  it  shall  be  when  convened  to  appoint  a 


168  '     COiriVTY   FIRE   INSURANCE    CORPORATIONS. 

committee,  of  not  less  than  three  disinterested  members  of  such  company,  to 
ascertain  the  amount  of  such  damage  or  loss.  If  in  either  case  there  is  a 
failure  of  the  parties  to  agree  upon  the  amount  of  such  damage  or  loss,  they 
shall  submit  the  question  of  the  amount  of  such  loss  to  arbitration.  The  presi- 
dent of  the  company  shall  appoint  one  disinterested  person  to  act  as  an  arbi- 
trator, and  the  claimant  or  insured  shall  appoint  another,  and  if  such  two 
arbitrators  fail  to  agree  upon  the  amount  of  such  loss,  then  they  shall  select  a 
third  disinterested  person  to  act  with  them.  Such  arbitrators  so  appointed 
shall  have  full  authority  to  examine  witnesses,  and  to  do  all  other  things  neces- 
sary to  the  proper  determination  of  the  amount  of  loss  sustained  by  the  claim- 
ant, and  shall  make  their  award  in  writing  to  the  president  of  such  company, 
and  such  award  so  as  aforesaid  made  shall  be  final  as  to  the  amount  of  the  loss 
sustained. 

The  pay  of  the  said  committee  shall  be  three  ($3.00)  dollars  per  day  for  each 
day's  services  so  rendered,  and  five  cents  for  each  mile  necessarily  traveled  in 
the  discharge  of  their  duties,  which  shall  be  paid  by  the  claimant,  unless  the 
award  of  such  committee  shall  exceed  the  sum  offered  by  the  company  in 
liquidation  of  such  loss  or  damage,  in  which  case  such  expense  shall  be  paid  by 
the  company. 

§  12.  "When  the  amount  of  any  loss  shall  have  been  ascertained,  which  ex- 
ceeds in  amount  the  cash  funds  of  the  company,  the  president  shall  convene 
the  directors  of  said  company,  who  shall  make  an  assessment  upon  all  the 
property  to  the  amount  for  which  each  several  piece  of  property  is  insured, 
taken  in  connection  with  the  rate  of  premium  under  which  it  may  be  classified. 

§  13.  It  shall  be  the  duty  of  the  secretary,  whenever  such  an  assessment  shall 
have  been  made,  to  immediately  notify  every  person  holding  a  risk  in  such 
company,  personally,  by  an  agent,  or  by  letter  directed  to  his  usual  post-office 
address,  of  the  amount  of  such  loss,  and  the  sum  due  from  him,  as  his  share 
thereof,  and  of  the  time  and  to  whom  such  payment  is  to  be  made ;  but  such  time 
shall  not  be  less  than  thirty  days,  nor  more  than  ninety  days,  from  the  date  of 
such  notice. 

§  14.  An  action  may  be  brought  against  any  member  of  such  company  wlio 
shall  neglect  or  refuse  to  pay  any  assessment  made  upon  him  by  the  provisions 
of  this  act,  or  other  liabilities  due  the  company,  and  the  directors  of  any  com- 
pany so  formed  who  shall  wilfully  refuse  or  neglect  to  perform  the  duties 
imposed  upon  them  by  law  or  by  the  by-laws  of  the  company,  shall  be  liable  in 
their  individual  capacity  to  the  person  sustaining  such  loss.  An  action  may 
also  be  brought  and  maintained  against  any  such  company  by  members  thereof 
for  losses  sustained  if  payment  is  withheld  after  the  amount  of  such  losses  have 
been  determined,  and  is  due  by  the  terms  of  the  policy. 

§  15.  It  shall  be  the  duty  of  the  secretary  to  prepare  an  annual  statement 
showing  the  condition  of  such  company  on  the  thirty-first  day  of  December,  and 
present  the  same  at  the  annual  meeting. 

§  16.  Any  member  of  such  company  may  withdraw  therefrom  by  surren- 
dering his  policy  for  cancelation  at  any  time  while  the  organization  continues 
the  business  for  which  it  was  organized,  by  giving  notice  in  writing  to  the 
secretary  thereof,  and  paying  his  share  of  all  claims  that  may  exist  against 


COUNTY   FIRE    INSURANCE — CORPORATION    AS    EXECUTOR,    ETC.  169 

such  company;  provided,  that  the  company  shall  have  power  to  cancel  or 
terminate  any  policy  by  giving  the  insured  five  days'  written  notice  to  that 
ejffect,  and  returning  to  him  any  excess  of  premium  he  may  have  paid  during  the 
term  of  the  policy,  over  the  cost  of  his  insurance,  as  measured  by  the  rates  of 
standard  fire  insurance  companies  doing  business  in  this  state. 

§  17.  It  shall  be  the  duty  of  the  president  and  secretary,  within  thirty  days 
after  the  first  day  of  January  in  each  year,  to  prepare,  under  their  own  oath, 
and  transmit  to  the  insurance  commissioner,  a  statement  of  the  condition  of 
the  company  on  the  last  day  of  the  month  next  preceding  the  annual  meeting. 
If,  upon  examination,  the  insurance  commissioner  finds  that  such  company  is 
doing  business  correctly,  in  accordance  with  the  provisions  of  this  act,  he 
shall  thereupon  furnish  the  company  his  certificate,  which  shall  be  deemed 
authority  to  continue  business  during  the  ensuing  year,  subject,  however,  to 
the  provisions  of  this  act.  For  such  examination  and  certificate  the  company 
shall  pay  one  dollar.  Each  company  shall  pay,  at  the  time  of  organization, 
five  dollars  to  the  insurance  commissioner,  for  ail  services  which  he  shall  render 
in  the  matter  of  organization. 

§  18.  Any  such  company  may  be  proceeded  against  and  dissolved  in  the 
manner  and  upon  the  same  conditions  as  provided  in  ease  of  other  insurance 
companies  incorporated  in  this  state. 

§  19.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

CORPORATIONS— AS  EXECUTOR,  ETC. 

Authorizing  certain  corporations  to  act  as  executor  and  in  other  capacities, 
and  to  provide  for  and  regulate  the  administration  of  trusts  by  such  cor- 
porations. 

<Stats.  1891,  490,  ch.  CCLXIV;  amended  1897,  424,  ch.  CCLXV;  1903,  244,  ch. 
CCVIII;  and  Stats.  1905,  232,  ch.  CCLIX.) 

§  1.  Any  corporation  which  has  or  shall  be  incorporated  under  the  general 
incorporation  laws  of  this  state,  authorized  by  its  articles  of  incorporation  to 
act  as  executor,  administrator,  guardian,  assignee,  receiver,  depositary,  or 
trustee,  and  having  a  paid-up  capital  of  not  less  than  two  hundred  and  fifty 
thousand  dollars,  of  which  one  hundred  thousand  dollars  shall  have  been 
actually  paid  in,  in  cash,  may  be  appointed  to  act  in  such  capacity  in  like 
manner  as  individuals.  In  all  cases  in  which  it  is  required  that  an  executor, 
administrator,  guardian,  assignee,  receiver,  depositary,  or  trustee,  shall  qualify 
by  taking  and  subscribing  an  oath,  or  in  which  an  affidavit  is  required,  it 
shall  be  a  sufficient  qualification  by  such  corporation  if  such  oath  shall  be 
taken  and  subscribed  or  such  affidavit  made  by  the  president  or  secretary 
or  manager  thereof,  and  such  officer  shall  be  liable  for  the  failure  of  such 
corporation  to  perform  any  of  the  duties  required  by  law  to  be  performed 
by  individuals  acting  in  like  capacity  and  subject  to  like  penalties ;  and  such 
corporation  shall  be  liable  for  such  failure  to  the  full  amount  of  its  capital 
stock;  provided  any  such  appointment  as  guardian  shall  apply  to  the  estate 
only,  and  not  to  the  person.  Such  corporations  shall  be  entitled  to  and  shall 
be  allowed  proper  compensation  for  all  the  services  performed  by  them  under 


170  CORPORATION     AS     EXECUTOR — SURETY  ON  COURT  BONDS. 

the  foregoing  provisions  of  this  act;  but  such  compensation  shall  not  exceed 
that  allowed  to  natural  persons  for  like  services. 

§  2.  Any  court,  having  appointed  and  having  jurisdiction  of  any  executor^ 
administrator,  guardian,  assignee,  receiver,  depositary,  or  trustee,  upon  the 
aipplication  of  such  officer  or  trustee,  or  upon  the  application  of  any  person 
having  an  interest  in  the  estate  administered  by  such  officer  or  trustee,  after 
notice  to  the  other  parties  in  interest,  as  the  court  may  direct,  and  after  a 
hearing  upon  such  application,  may  order  such  officer  or  trustee  to  deposit  any 
moneys  then  in  his  hands,  or  which  may  come  into  his  hands  thereafter,  and 
until  the  further  order  of  said  court,  with  any  such  corporation,  and  upon 
deposit  of  such  money  and  its  receipt  and  acceptance  by  such  corporation  the 
.said  officer  or  trustee  shall  be  discharged  from  further  care  or  responsibility 
therefor.    Such  deposits  shall  be  paid  out  only  upon  the  orders  of  said  court. 

§  3.  And  it  shall  be  lawful  for  any  public  administrator  to  deposit  with  any 
such  corporation  doing  business  in  the  county  or  city  and  county,  in  which 
he  is  acting  as  such  administrator  any  and  all  moneys  of  any  estate  upon 
which  he  is  administering,  not  required  for  the  current  expenses  of  the  adminis- 
tration. And  such  deposits  shall  relieve  the  public  administrator  from  deposit- 
ing with  the  county  treasurer  the  moneys  so  deposited  with  such  corporation. 
Moneys  deposited  by  a  public  administrator  may  be  drawn  upon  the  order  of 
such  administrator,  countersigned  by  a  judge  of  a  superior  court,  when 
required  for  the  purpose  of  administration  or  otherwise. 

§  4.  Whenever,  in  the  judgment  of  any  court  having  jurisdiction  of  any 
estate  in  process  of  administration  by  any  executor,  administrator,  guardian, 
assignee,  receiver,  depositary,  or  trustee,  the  bond  required  by  law  of  such 
officer  shall  seem  burdensome  or  excessive,  upon  application  of  such  officer  or 
trustee,  and  after  such  notice  to  the  parties  in  interest,  as  the  court  shall 
direct,  and  after  a  hearing  on  such  application,  the  said  court  may  order 
the  said  officer  or  trustee  to  deposit  with  any  such  corporation,  for  safe- 
keeping, such  portion  or  all  of  the  personal  assets  of  said  estate  as  it  shall 
deem  proper;  and  thereupon  said  court  shall,  by  an  order  of  record,  reduce 
the  bond  to  be  given  or  theretofore  given  by  such  officer  or  trustee,  so  as  to 
cover  only  the  estate  remaining  in  the  hands  of  said  officer  or  trustee;  and 
the  property  as  deposited  shall  thereupon  be  held  by  said  corporation,  under 
the  orders  and  directions  of  said  court.  Any  court  having  jurisdiction  of 
an  estate  being  administered  by  a  public  administrator  may  direct  such  public 
administrator  to  deposit  all  or  any  part  of  the  moneys  of  the  estate  not 
required  for  the  current  expenses  of  the  administration,  with  any  such  cor- 
poration doing  business  in  the  county  or  city  and  county  where  such  public 
administrator  is  acting. 

§  5.  Such  corporations  shall  not  be  required  to  give  any  bond  or  security 
in  case  of  any  appointment  hereinbefore  provided  for,  except  as  hereinafter 
provided,  but  shall  be  responsible  for  all  investments  which  shall  be  made  by 
it  of  the  funds  which  may  be  intrusted  to  it  for  investment  by  such  court,  and 
shall  be  further  liable  as  natural  persons  in  like  positions  now  are,  and  as  here- 
inafter provided.  The  amount  of  money  which  any  such  corporation  shall  have 
on  deposit  at  any  time  shall  not  exceed  ten  times  the  amount  of  its  paid-up 


CORPORATION    AS    EXECUTOR,   ETC.— DEPOSIT    BY.  171 

capital  and  surplus,  and  its  outstanding  loans  shall  not  at  any  time  exceed  said 
amount. 

§  6.  Such  corporations  shall  pay  interest  upon  all  moneys  held  by  them 
by  virtue  of  this  act,  at  such  rate  as  may  be  agreed  upon  at  the  time  of  its 
acceptance  of  any  such  appointment,  or  as  shall  be  provided  by  the  order  of 
the  court. 

§  7.  Each  corporation,  before  accepting  any  such  appointment  or  deposit, 
shall  deposit  with  the  treasurer  of  state,  for  the  benefit  of  the  creditors  of  said 
corporation,  the  sum  of  one  hundred  thousand  dollars  ($100,000.00),  in  bonds 
of  the  United  States,  or  municipal  bonds  of  this  state,  or  of  any  county,  or 
city,  or  school  district  thereof,  or  in  mortgages  on  improved  and  productive 
real  estate  in  this  state,  being  first  liens  thereon,  and  the  real  estate  being 
worth  at  least  twice  the  amount  loaned  thereon.  The  bonds  and  securities  so 
deposited  may  be  exchanged  from  time  to  time  for  other  securities,  receivable 
as  aforesaid.  Said  bonds  of  the  United  States,  or  municipal  bonds  of  this 
state,  or  of  any  county,  city,  or  school  district  thereof,  to  be  registered  in  the 
name  of  said  treasurer,  officially,  and  all  said  securities  to  be  subject  to  sale 
and  transfer,  and  to  the  disposal  of  the  proceeds  by  said  treasurer,  only  on 
the  order  of  a  court  of  competent  jurisdiction,  and  as  hereinafter  provided. 
[Amendment,  Stats.  1897,  424.] 

§  8.  Any  such  corporation,  having  a  paid-up  capital  in  excess  of  two  hun- 
dred and  fifty  thousand  dollars,  may  be  permitted  by  the  board  of  bank  com- 
missioners to  mortgage  any  improved  and  productive  real  estate  owned  by 
it,  in  excess  of  said  amount,  to  the  treasurer  of  state,  for  such  sum  as  the 
said  board  may  determine ;  and  such  mortgage  may  be  deposited  with  said 
treasurer,  and,  when  so  deposited,  it  shall  be  included  in  the  amount  of 
securities,  hereinabove  required  to  be  deposited  with  said  treasurer  for  the 
benefit  of  the  creditors  of  said  corporation. 

§  9.  So  long  as  the  corporation  so  depositing  shall  continue  solvent,  such 
corporation  shall  be  permitted  to  receive  from  said  treasurer  the  interest  or 
dividends  on  said  deposit;  provided,  however,  that  when  it  shall  appear  to 
the  board  of  bank  commissioners,  from  the  semi-annual  report  of  any  such 
corporation,  that  the  value  of  the  personal  property  and  cash  held  and  pos- 
sessed by  such  corporation,  by  virtue  of  the  provisions  of  this  act  and  any 
amendment  thereof,  exceeds  ten  times  the  amount  of  the  deposit  aforesaid, 
said  board  shall  require  said  corporation  to  forthwith  increase  its  said  deposit 
to  the  sum  of  five  hundred  thousand  dollars  in  such  securities.  And  whenever 
it  shall  appear  to  said  board  that  the  amount  of  personal  property  and  cash 
so  held  by  any  such  corporation  has  been  reduced  below  ten  times  the  value 
of  its  original  deposit  above  provided  for,  and  said  corporation  is  not  in  any 
default  in  its  duties  and  obligations  hereunder,  they  shall  allow  such  corpora- 
tion to  reduce  its  said  deposit  to  the  sum  of  two  hundred  thousand  dollars, 
by  the  withdrawal  of  such  additional  deposit,  until  such  time  as  an  increase 
in  its  holdings  shall  again  require  an  additional  deposit,  as  hereinbefore  pro- 
vided. 

§  10.  When  any  part  of  such  deposit  is  made  in  bonds  and  mortgages,  it 
shall  be  accompanied  by  full  abstracts  of  titles  and  searches,  and  shall  be 


173  CORPORATIOIVS— ACCEPTING    TRUSTS— FILING    STATEMENT. 

examined  and  approved  by  or  under  the  direction  of  the  said  board.  The  fees- 
for  an  examination  of  title  by  counsel,  to  be  paid  by  the  corporation  making 
the  deposit,  shall  not  exceed  twenty  dollars  for  each  mortgage,  and  the  fee 
for  each  appraiser,  not  exceeding  two,  besides  expenses,  shall  be  five  dollars 
for  each  mortgage, 

§  11.  It  shall  not  be  lawful  for  any  such  corporation  to  accept  any  trust 
or  deposit,  as  hereinbefore  provided,  after  the  passage  of  this  act  without 
first  procuring  from  the  board  of  bank  commissioners  a  certificate  of  authority, 
stating  that  such  corporation  has  complied  with  the  requirements  of  this  act  in 
respect  to  such  deposit. 

§  12.  Such  corporation  shall  file  with  the  said  board  of  bank  commis- 
sioners, during  the  months  of  January  and  July  of  each  year,  a  statement, 
under  oath,  of  the  condition  of  such  corporation  at  the  close  of  business  on 
the  thirty-first  day  of  December  and  the  thirtieth  day  of  June,  respectively,, 
next  preceding,  showing  its  financial  condition.  Also,  a  list  and  brief  descrip- 
tion of  the  trusts  held  by  such  corporation,  the  source  of  the  appointment 
thereto,  and  the  amount  of  real  and  personal  estate  held  by  such  corporation 
by  virtue  thereof,  except  that  mere  mortgage  trusts,  wherein  no  action  has 
been  taken  by  such  corporation,  shall  not  be  included  in  such  statement.  The 
said  statement  shall  also  be  in  such  form,  and  contain  such  reports,  returns, 
and  information,  as  to  the  affairs,  business,  condition,  and  resources  of  the 
corporation,  as  the  said  board  may  from  time  to  time  prescribe  and  require. 

§  13.  Such  statement  shall  be  verified  by  the  affidavit  of  one  of  the  man- 
aging officers  and  two  of  the  directors  or  trustees  of  such  corporation,  who 
shall  also  state  in  such  affidavit  that  they  have  examined  the  assets  and  books 
of  such  corporation  for  the  purpose  of  making  such  statement.  Any  false 
swearing  in  regard  to  such  statement  shall  be  deemed  perjury,  and  shall  be 
subject  to  the  punishment  prescribed  by  law  for  such  offense. 

§  14.  The  said  board  of  bank  commissioners  are  hereby  authorized  and 
empowered  to  address  any  inquiries  to  any  such  corporation,  or  the  officers 
thereof,  in  relation  to  its  doings  and  conditions,  or  any  other  matter  connected 
with  its  affairs;  and  it  shall  be  the  duty  of  any  such  corporation  or  person 
so  addressed  to  promptly  reply,  in  writing,  to  such  inquiries;  and  they  may 
also  require  reports  from  any  such  corporation  at  any  time  they  may  deem 
desirable.  It  shall  be  the  duty  of  one  or  more  of  the  bank  commissioners,  as 
designated  by  the  commissioners,  annually,  or  as  often  as  in  their  judgment 
they  may  deem  it  necessary,  without  previous  notice,  to  visit  and  to  make  per- 
sonal examination  of  the  solvency  of  any  such  corporation,  its  ability  to  fulfil 
all  its  obligations,  and  report  its  condition  to  the  attorney-general  as  soon 
as  may  be  after  such  examination, 

§  16.  Such  commissioners  shall  have  power  to  administer  an  oath  to  any 
person  whose  testimony  may  be  required  on  any  such  examination,  and  to 
compel  the  appearance  and  attendance  of  any  such  person,  for  the  purpose  of 
examination,  by  summons,  subpoena,  or  attachment,  in  the  manner  now  au- 
thorized in  respect  to  the  attendance  of  persons  as  witnesses  in  courts  of 
record  in  this  state ;  and  all  books  and  papers  which  may  be  deemed  necessary 
to  examine  by  the  commissioners  shall  be  produced,  and  their  production  may 
be  compelled  in  like  manner. 


CORPORATIONS— AS  EXECUTORS,  ETC.— FALSE  REPORTS.  173 

§  17.  Whenever  it  shall  appear  to  the  board  of  bank  commissioners,  from 
any  such  examination  or  report,  that  any  such  corporation  has  committed  any 
violation  of  law,  or  is  conducting  its  business  in  an  unsafe  or  unauthorized 
manner,  they  shall,  by  an  order  under  their  hands,  direct  the  discontinuance 
of  such  illegal  and  unsafe  or  unauthorized  practice,  and  strict  conformity 
with  the  requirements  of  the  law,  and  with  safety  and  security  in  its  transac- 
tions; and  whenever  any  such  corporation  shall  refuse  or  neglect  to  make  any 
such  report  as  hereinbefore  required  or  to  comply  with  any  such  order  as 
aforesaid,  or  whenever  it  shall  appear  to  the  said  board  that  it  is  unsafe  or 
inexpedient  for  any  such  corporation  to  continue  to  transact  business,  they 
shall  communicate  the  facts  to  the  attorney-general,  who  shall  thereupon 
institute  such  proceedings  against  the  corporation  as  the  nature  of  the  case 
may  require. 

§  18.  If  the  board  of  bank  commissioners  shall  at  any  time  have  satisfac- 
tory evidence  that  any  semi-annual  statement  or  other  report  required  or 
authorized  by  this  act,  made  or  to  be  made  by  any  officer  or  officers  of  such 
corporation,  is  false,  it  shall  be  the  duty  of  the  said  board  to  immediately 
revoke  the  certificate  of  authority  granted  on  behalf  of  such  corporation  and 
mail  a  copy  of  such  revocation  to  said  corporation  and  to  the  clerk  of  every 
court  of  record  in  this  state.  Such  revocation  shall  not  be  set  aside  until 
satisfactory  evidence  shall  be  given  to  said  board  of  bank  commissioners  that 
.such  corporation  is  in  substance  and  in  fact  in  the  condition  set  forth  in  such 
statement  or  report,  and  that  all  the  requirements  of  this  act  have  been  com- 
plied with.  Such  revocation  shall  be  sufficient  cause  for  the  removal  of 
such  corporation  from  any  appointment  held  by  it  under  the  provisions  of  this 
act. 

§  19.  Any  corporation  which  desires  to  retire  from  business  under  this  act 
shall  furnish  to  the  board  of  bank  commissioners  satisfactory  evidence  of  its 
release  and  discharge  from  all  the  obligations  and  trusts  hereinbefore  pro- 
vided for;  whereupon  they  shall  revoke  their  certificate  to  such  corporation, 
and  thereupon  the  treasurer  of  state  shall  return  to  said  corporation  all  its 
securities. 

§  20.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  21.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

§  22.  Any  corporation  exercising  the  powers  and  performing  the  duties 
provided  for  in  said  act,  shall  keep  inviolate  all  communications  confidentially 
made  to  it  touching  the  existence,  condition,  management,  and  administration 
of  any  trusts  confided  to  it;  and  no  creditor  or  stockholder  of  any  such  cor- 
poration shall  be  entitled  to  disclosure  of  any  such  communication ;  provided, 
however,  that  the  president,  manager  and  secretary  of  such  corporation  shall 
be  entitled  to  knowledge  of  such  communication;  and  provided  further,  that 
in  any  suit  or  proceeding  touching  the  existence,  condition,  management  or 
administration  of  such  trust,  the  court  Avherein  the  same  is  pending  may 
require  disclosure  of  any  such  communication.  [New  section,  Stats.  1903, 
244.] 

§23,     The  use  of  the  word  "trust"  in  combination  or  in  connection  with 


174  CORPORATIONS— WORD   "TRUST"  PROHIBITED— FOREIGN. 

the  word  "company,"  "corporation,"  "incorporation,"  "association,"  "so- 
ciety," "organization,"  or  "syndicate"  is  hereby  prohibited  to  all  persons, 
firms,  associations,  companies  or  corporations,  other  than  corporations  pro- 
vided for  by  a  certain  act  of  the  legislature  entitled:  "An  act  authorizing 
certain  corporations  to  act  as  executor  and  in  other  capacities  and  to  provide 
for  and  regulate  the  administration  of  trusts  by  such  corporations,"  approved 
April  six,  eighteen  hundred  and  ninetj^-one,  and  any  person,  firm,  association, 
company  or  corporation  which  uses  the  word  "trust"  in  combination  with  or 
in  connection  with  the  word  "company,"  "corporation,"  "incorporation," 
"association,"  "society,"  "organization"  or  "syndicate"  as  the  name  under 
which  business  is  done  or  transacted,  shall  be  subject  to  the  provisions  of  the 
act  last  referred  to  and  to  the  supervision  of  the  bank  commissioners  as  required 
by  the  said  act.  Any  person,  firm,  association,  company  or  corpora,tion  making 
use  of  the  word  "trust"  in  combination  or  in  connection  with  the  word  "com- 
pany," "corporation,"  "incorporation,"  "association,"  "society,"  "organiza- 
tion" or  "syndicate"  in  the  manner  hereinabove  mentioned  in  the  transaction 
of  business  and  not  subject  to  the  provisions  of  said  act  and  the  supervision  of 
the  bank  commissioners  as  in  said  act  provided  shall  forfeit  for  each  day  the 
offense  is  committed,  the  sum  of  one  hundred  dollars  to  be  recovered  by  the 
bank  commissioners  of  the  state  of  California  in  the  manner  provided  by  law. 
[New  section  added,  Stats.  1905,  232.] 

As  to   power   of  trust   conipnnies   to   act   as  administrator    and    o5.ecutor,  guardian,  sure- 
ty, etc.,  see  monographic  note  by  J.  H.  HiU,  48  L.  R.  A.  5S7-593;  52  L.  R.  A.  469. 

CORPORATIONS— FOREIGN. 

Requiring  corporations  organized  under  the  laws  of  another  state,  territory, 
or  foreign  country,  to  file  a  certified  copy  of  their  articles  of  incorpora- 
tion in  the  office  of  the  secretary  of  state,  and  a  certified  copy  thereof, 
duly  certified  by  the  secretary  of  state  of  this  state,  in  the  office  of  the 
county  clerk  of  the  county  where  its  principal  place  of  business  is  located 
and  also  where  such  corporation  owns  property,  and  requiring  such  cor- 
poration to  pay  to  the  secretary  of  state  the  same  fees  as  are  paid  by 
corporations  formed  under  the  laws  of  the  state  of  California,  and  pro- 
viding for  a  penalty  for  the  violation  of  the  provisions  of  this  act. 

(Stats.  1901,  108,  ch.  XCIII.) 

This  statute  has  been  carried  into  the  Placerville  G.  Q.  M.  Co.,  65  Cal.  601-638.  4 
Civil  Code  by  Stats.  1905,  630,  ch.  CDLXXI.  Pac.  Rep.  641;  Eureka  L.  &  Y.  C.  Co.  vs. 
Also  the  Stats.  1899,  111,  ch.  XCIV,  requiring  Superior  Court,  66  Cal.  314,  5  Pac.  Rep. 
foreign  corporations  to  file  a  designation  490;  San  Francisco  vs.  Insurance  Co.,  74 
of  person  upon  whom  process  against  the  Cal.  122,  15  Pac.  Rep.  380;  Gutzeil  vs.  Pen- 
corporation  might  be  served.  Also  Stats.  nie,  95  Cal.  599,  30  Pac.  Rep.  836;  Pierce 
1880,  21,  ch.  XXVIII,  relating  to  rights  of  vs.  Southern  Pac.  Co.,  120  Cal.  162,  47  Pac. 
railway  corporations  to  operate  in  this  Rep.  874,  52  Pac.  Rep.  302. 
state.  And  as  to  Stats.  1885,  13,  ch.  XV,  tit.  For- 

See  KERR'S   CYC.  CIVIL  CODE  §§  405-410  elgn    Fire    Insurance    Companies,    see     San 

inclusive.  Francisco  vs.  Insurance  Co     74  Cal.  117,   15 

Stats.    1S99,    111.  —  Keystone    etc.    Co.    vs.  Pac.   Rep.   380,   where  the  statute  was   held 

Superior   Court,    138    Cal.    743,    72   Pac.   Rep.  unconstitutional. 

398;   Willey   vs.   The   Benedict   Co.,    145   Cal.  The  following  special  enactment  relative 

COl,    603,    79    Pac.    Rep.    270.  to  the  New  York  Mutual  Life  Insurance  and 

Under  the  earlier  statute  (1871-2,  860,  ch.  the  Equitable  Life  Assurance  companies 
DLXVI)  governing  foreign  corporations  do-  may  be  .worthy  of  consideration  in  this  con- 
ing business   in  this   state,   see  Thomas  vs.  nection. 


CORPORATIONS— I.OANS   UPON    CHATTELS. 


175 


CORPORATIONS— SPECIAL  ENACTMENT. 

To  authorize  the  Mutual  Life  Insurance  Company  of  New  York  and  the  Equi- 
table Life  Assurance  Company  of  the  United  States  to  invest  moneys  m 
real  and  personal  estate  within  the  limits  of  California. 
(Stats.  1873-4,  777,  ch.  DXL.) 

§  1.  The  Mutual  Life  Insurance  Company  of  New  York,  a  corporation  duly 
incorporated  and  carrying  on  business  under  the  laws  of  the  state  of  New 
York,  and  the  Equitable  Life  Assurance  Company  of  the  United  States,  are 
hereby  authorized  and  empowered  to  purchase  and  hold  real  estate  and  per- 
sonal property;  also  to  loan  upon  mortgages  of  real  estate;  also  to  construct 
houses  and  buildings,  within  the  state  of  California, 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

See   notes   at  conclusion   of  tit.    Corporations. 

CORPORATIONS— LOANS  UPON  CHATTELS. 

To  provide  for  the  incorporation  of  associations  for  lending  money  on  per- 
sonal property,  and  regulating  the  same,  and  to  forbid  certain  loans  of 
money,  property  or  credit. 

(Stats.  1905,  711,  ch.  DL.) 
§  1  Any  corporation  which  shall  be  incorporated  under  the  general  incor- 
poration laws  of  this  state,  and  the  provisions  of  this  act,  authorized  by  its 
articles  of  incorporation  to  loan  money  at  interest  upon  the  pledge  or  mort- 
gage of  goods  or  chattels,  or  of  safe  securities,  shall  be  granted  all  the  powers 
and  privileges  necessary  for  the  execution  of  these  purposes;  provided,  that 
nothing  herein  contained  shall  authorize  any  such  corporation  to  engage  m 
the  business  of  banking. 

8  2  Corporations  may  be  organized  under  the  provisions  of  this  act,  with 
a  capital  stock  of  fifty  thousand  dollars  ($50,000.00),  or  over,  but  no  busmess 
shall  be  transacted  by  any  such  corporation  until  all  the  capital  stock  of  such 
corporation  has  been  actually  and  in  good  faith  subscribed,  and  at  least  fifty 
per  centum  thereof  shall  have  actually  been  paid  in,  in  cash,  or  m  interest-bear- 
ing securities,  to  be  approved  by  the  board  of  bank  commissioners. 

8  3  Any  such  corporation,  before  transacting  any  business,  shall  be  re- 
quired to  obtain  from  the  board  of  bank  commissioners  a  license  m  the  form 
to  be  prescribed  by  them,  authorizing  such  corporation  to  transact  busmess  m 
pursuance  of  the  provisions  of  this  act. 

8  4  Every  corporation  applying  for  a  license  under  this  act  shall,  at  the 
time 'of  making  the  application,  execute  and  file  a  bond,  to  the  people  of 
the  state,  in  an  amount  equal  to  one  twentieth  of  its  capital  stock,  with  the 
board  of  bank  commissioners,  to  be  approved  by  them,  conditioned  for  the 
faithful  performance  of  the  duties  and  obligations  pertammg  to  the  business 
so  licensed  and  for  a  faithful  compliance  with  the  provisions  of  this  act.  baid 
bond  shall  be  executed  by  a  domestic  or  foreign  corporation  authorized  by 
the  insurance  commissioner  to  transact  within  this  state,  the  busmess  of  surety 


176  liOANS    UPON    CHATTELS— INTEREST    AND    CHARGES. 

insurance  as  surety.  Such  bond  shall  be  renewed  and  refiled  annually,  in 
January  of  each  year,  or  the  corporation  shall,  within  thirty  days  thereafter, 
cease  doing  business  and  proceed  to  close  up  its  affairs. 

§  5.  Such  corporations  when  they  have  disposable  funds  may  make 
advances  on  all  goods,  chattels  and  savings  bank  deposit  books,  or  on  all  safe 
securities  offered,  embraced  within  its  rules  and  regulations,  but  in  no  case 
shall  the  amount  loaned  to  any  one  person  exceed  the  sum  of  three  hundred 
dollars  ($300.00). 

§  6.  Such  corporation  shall  be  entitled  to  charge  and  receive  upon  each  loan 
made  by  it  upon  a  mortgage  of  personal  property,  which  charge  shall  include 
all  services  of  every  character  in  connection  with  said  loan,  except  upon  the 
foreclosure  of  the  security,  interest  or  discount  at  a  rate  not  exceeding  one 
and  one  half  (1%)  per  centum  per  month.  It. may  also  charge  for  the  first 
examination  of  the  property  to  be  mortgaged  and  for  drawing  and  filing  the 
necessary  papers,  and  for  all  other  expenses,  a  sum  not  exceeding  five  dollars 
($5.00)  if  a  loan  shall  actually  be  made;  but  no  further  charge  for  examina- 
tion of  the  property  or  for  drawing  or  filing  papers,  or  for  any  services  or 
expenses,  or  upon  any  pretext  whatsoever,  beyond  the  said  charge  for  interest 
or  discount,  shall  be  made  upon  any  renewal  or  extension  of  the  loan,  or  any 
transfer  or  change  of  the  loan,  or  upon  any  other  occasion,  within  one  year 
from  the  date  of  the  original  loan,  or  oftener  than  once  in  each  period  of  twelve 
months  thereafter,  provided,  however,  it  shall  be  lawful  to  charge  for  any  fire 
insurance  that  may  be  at  any  time  effected. 

It  may  also  charge  and  receive  upon  each  loan  made  by  it  upon  the  pledge 
of  personal  property  which  charge  shall  include  all  services  of  every  character 
in  connection  with  said  loan,  except  upon  the  sale  of  the  security  at  public 
auction,  as  hereinafter  provided,  interest  or  discount  at  a  rate  not  exceeding 
one  and  one  half  (ll^)  per  centum  per  month;  provided,  however,  that  all 
loans  shall  be  subject  to  one  month's  interest  and  no  loan  shall  be  settled  at  a 
less  charge  than  fifteen  cents.  A  charge  of  one  half  (i,/.)  of  one  per  centum 
per  month  additional  may  be  made  upon  pledges  for  storage,  burglary  and 
fire  insurance.  In  case  of  loss  by  fire  or  theft,  such  corporation  shall  not  be 
liable,  however,  for  more  than  the  amount  loaned,  and  twenty-five  (25)  per 
centum  thereof  in  addition. 

§  7.  Such  corporation  shall  give  to  each  pledgeor  a  memorandum  or  ticket 
inscribed  with  the  name  of  the  corporation,  mentioning  the  article  or  articles, 
security  or  securities,  pledged,  the  name  of  the  pledgeor,  the  amount  of  the 
loan,  the  rate  of  compensation,  the  date  when  made,  the  date  when  payable, 
the  page  of  the  book  where  recorded,  and  a  copy  of  section  six  (6)  and  eight 
(8)  of  this  act. 

§  8.  Property  pledged  to  such  corporations  shall  not  be  sold  prior  to  six 
(6)  months  after  the  day  fixed  in  the  contract  for  payment,  and  all  sales  shall 
be  at  public  auction,  and  notice  of  any  such  sale  shall  be  published  at  least 
five  (5)  days  previous  thereto  in  a  daily  newspaper  printed  in  the  city,  or 
city  and  county,  in  which  any  such  corporation  is. located.  If  upon  the  sale  of 
any  such  property  at  public  auction  there  be  any  surplus  left,  after  paying  the 
cost  of  advertising  and  sale,  and  the  amount  of  the  loan  and  interest  due  there- 


CORPORATION    TO    LOAN    ON    CHATTELS — STATEMENT.  177 

on,  the  same  shall  be  paid  over  to  the  pledgeor  or  his  legal  representative  or 
assigns  on  demand,  any  time  within  two  years  after  such  sale.  It  shall  not 
be  necessary  for  such  corporation  to  sell  at  public  auction  any  savings 
bank  deposit  book  pledged  for  a  loan,  but  the  corporation  may  collect  the 
money  due  thereon  or  so  much  thereof  as  may  be  necessary  to  pay  the  debt, 
in  such  manner  and  at  such  time  as  in  the  judgment  of  the  directors  of  such 
corporation  will  best  serve  the  interest  of  all  parties,  holding  the  net  surplus, 
if  any,  for  the  owner,  his  legal  representative  or  assigns.  Loans  on  pledges 
may  be  renewed  from  time  to  time,  but  in  no  case  longer  than  one  year. 

§  9.  A  corporation  organized  under  this  act  shall  be  authorized  to  borrow 
money  in  any  amount  to  be  used  in  its  business  not  exceeding  in  the  aggregate 
the  amount  of  its  capital  stock. 

§  10.  Such  corporation  shall  file  with  the  board  of  bank  commissioners, 
during  the  months  of  January  and  July  of  each  year,  a  statement,  under  oath, 
of  the  condition  of  such  corporation  at  the  close  of  business  on  the  thirty-first 
day  of  December,  and  the  thirtieth  day  of  June,  respectively  next  preceding, 
showing  its  actual  financial  condition.  The  said  statement  shall  also  be  in 
such  form,  and  contain  such  reports,  returns,  and  information  as  to  the  afiiairs, 
business,  condition,  and  resources  of  the  corporation,  as  the  said  commis- 
sioners may  from  time  to  time  prescribe  and  require. 

§  11.  The  said  board  of  bank  commissioners  shall  have  access  to  the  vaults, 
books,  and  papers  of  any  such  corporation,  and  it  shall  be  their  duty  to  inspect, 
examine  and  inquire  into  its  affairs  and  take  proceedings  in  regard  to  it,  in 
the  same  manner  and  to  the  same  extent  as  if  said  corporation  were  a  savings 
bank  or  a  banking  corporation. 

§  12.  No  person,  firm  or  corporation,  other  than  corporations  organized 
pursuant  to  this  act  shall,  directly  or  indirectly,  charge  or  receive  any  interest, 
discount  or  consideration  greater  than  at  the  rate  of  one  and  one  half  (1%) 
per  centum  per  month  upon  the  loan,  use  or  forbearance  of  money,  goods  or 
things  in  action,  less  than  three  hundred  dollars  ($300.00)  in  amount  or  value, 
or  upon  the  loan,  use  or  sale  of  personal  credit  in  anywise,  where  there  is 
taken  for  such  loan,  use  or  sale  of  personal  credit,  any  security  upon  any 
upholstery,  furniture  or  household  goods,  oil  paintings,  pictures  or  works  of 
art,  pianos,  organs,  musical  instruments,  or  sewing  machines,  plate  or  silver 
ware,  iron  or  steel  safes,  professional  libraries,  or  office  furniture  or  fixtures, 
instruments  of  surveyors,  physicians,  or  dentists,  printing  presses  or  printing 
material,  wearing  apparel,  diamonds,  watches  or  jewelry.  The  foregoing  pro- 
hibition shall  apply  to  any  person  who,  as  security  for  any  such  loan,  use  or 
forbearance  of  money,  or  for  any  such  loan,  use  or  sale  of  personal  credit,  as 
aforesaid,  makes  a  pretended  purchase  of  property  from  any  person,  or  who, 
by  any  device  or  pretense  of  charging  for  his  services,  or  otherwise,  seeks  to 
obtain  a  larger  compensation  in  any  case  hereinbefore  provided  for.  Any 
person  violating  the  foregoing  prohibition  shall  be  guilty  of  a  misdemeanor 
and  is  punishable  by  a  fine  of  one  hundred  dollars  ($100.00)  for  the  first 
offense,  and  by  a  like  fine  and  imprisonment  in  the  county  jail  for  thirty  days 
for  the  second  and  each  subsequent  offense;  and  further,  the  interest  on  any 
amount  loaned  shall  be  forfeited  to  the  borrower.     But  this  section  shall  not 

Gen.  Laws — 12 


178  CORPORATION  TO   LOAN   ON    CHATTELS— PENALTY  AGAINST. 

apply  to  licensed  pawnbrokers,  making  loans  upon  the  actual  and  permanent 
deposits  of  personal  property,  excepting  those  charging  unlawful  rates  of 
interest,  nor  affect  in  any  way  the  validity  or  legality  of  any  loan  of  money 
or  credit  exceeding  three  hundred  dollars  ($300.00)  in  amount. 

§  13.  Any  corporation  organized  under  this  act  which  shall  violate  the  pro- 
visions of  the  second  section  hereof,  shall  be  liable  to  a  penalty  of  one  hun- 
dred dollars  ($100.00)  for  each  and  every  day  of  the  continuance  of  such 
violation;  and  any  corporation  which  shall  wilfully  violate  any  of  the  pro- 
visions of  any  other  section  of  this  act,  by  which  any  person  shall  suffer  or 
sustain  loss  or  damage,  shall  forfeit  its  rights  to  do  business,  and  the  attorney- 
general  of  this  state  shall  take  the  necessary  legal  measures  to  wind  up  and 
discontinue  its  business.  Any  director,  officer  or  employee  of  any  corporation 
organized  under  this  act  who  shall  charge,  take  or  collect  or  receive,  any  com- 
pensation on  a  loan  beyond  or  in  excess  of  the  charges  herein  allowed,  shall 
be  guilty  of  a  misdemeanor  and  be  fined  not  to  exceed  one  hundred  dollars 
($100.00)  or  be  imprisoned  in  the  county  jail  for  not  more  than  six  (6)  months, 
or  both. 

§  14.  No  such  corporation  shall,  in  any  year,  declare  or  pay  dividends  on 
its  capital  stock  amounting  to  more  than  six  (6)  per  centum.  After  any  such 
corporation  shall  have  accumulated  a  surplus  or  risk  fund  amounting  to  fifty 
(50)  per  centum  of  its  capital,  the  board  of  bank  commissioners,  upon  ascer- 
taining that  said  corporation  has,  during  the  previous  calendar  year,  made  a 
net  profit  amounting  to  more  than  six  (6)  per  centum  on  its  capital,  shall  have 
authority  to  make  an  order  reducing  the  rates  of  interest,  discount  and  charges 
which  said  corporation  may  lawfully  charge  and  receive  upon  loans,  to  such 
rates  as  will,  in  the  judgment  of  said  commissioners,  produce  a  net  return  of 
six  (6)  per  centum  on  its  capital  stock.  It  shall  be  stated  in  said  order  when 
it  shall  take  effect,  which  shall  not  be  less  than  four  months  after  it  is  made, 
and  it  shall  continue  in  force  until  revoked. 

§  15.  Such  corporation  shall  pay  annually  in  advance  license  fees,  as  fol- 
lows: To  the  treasurer  of  state,  who  shall  pay  the  same  into  the  ''bank  com- 
missioners' fund,"  the  sum  of  fifty  dollars  ($50.00),  to  the  treasurer  of  the 
city,  or  city  and  county,  in  which  such  corporation  is  located,  the  sum  of 
one  hundred  and  fifty  dollars  ($150.00).  This  is  to  be  in  lieu  of  all  other 
licenses. 

§  16.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

See   tit.   Banks  and  Banking^  ante. 

CORPORATIONS— MUTUAL  BENEFIT. 

Relating  to  mutual  beneficial  and  relief  associations. 
(Stats.  1873-4,  745,  ch.  DX;  amended  1880,  25,  ch.  XXXV;  1901,  6,  ch.  XIII.) 

The  above  statutes  have  been  carried  into  Former  statute  wns  considered  in  People 

the     Civil     Code     by     Stats.     1905.     410,     ch.  vs.   Golden   Gate   Lodge   No.    6,    128    Cal.    26.^, 

CCCXT.IX.     See  KERR'S  CYC.  CIVIL  CODE  60  Pac.  Rep.  RG5:  Sheehan  vs.  Butchers'  etc. 

§f  452a,  453.  Assoc,  142  Cal.  489,  492-496,  76  Pac.  Rep.  238 


LIFE,   ACCIDENT,    AND    MUTUAL    LIFE    CORPORATIONS.  179 

CORPORATIONS— LIFE,  ACCIDENT,  ETC.,  INSURANCE. 

Relating  to  life,  health,  accident,  and  annuity  or  endowment  insurance  on  the 
assessment  plan,  and  the  conduct  of  the  business  of  such  insurance. 

(Stats.  1891,  126,  ch.  CXVI.) 

This    statute    has    been    carried    into    the  101,   39  Pac.  Rep.   213;  §3,  Perkins  vs.  Fish, 

Civil  Code  by  Stats.  1905,  417,  ch.  CCCLI,  by  121  Cal.  317,  321,  53  Pac.  Rep.  901;  §§  2-5,  10, 

adding-    new    chapter    (VI)    to    title    II,    part  S.  F.  Sav.  Union  vs.  Long,  123  Cal.   107,  110, 

IV,     division     I.       See     KERR'S     CYC.     CIV.  55  Pac.  Rep.  708,  §§  2,  10,  Murray  vs.  Superior 

CODE  §§  453d-453p.  Court,    129    Cal.    628,    633,    62    Pac.    Rep.    191; 

Statute   bas   been   considered   or   cited   in:  Stevens  vs.  Reeves,  138  Cal.  678,  679,  72  Pac. 

§  4,  Kruger  vs.  Life  etc.  Assoc,  106  Cal.  98,  Rep.  346. 

CORPORATIONS— MUTUAL  LIFE. 

To  provide  for  the  incorporation  of  mutual  insurance  companies,  for  the  insur- 
ance of  life  and  health,  and  against  accidents. 

(Stats.  1865-6,  752,  ch.  DXLVI;  §14  repealed  Stats.  1867-8,   330;  amended 
Stats.  1867-8,  661,  ch.  CCCCXC,  and  Stats.  1880,  230,  ch.  CXXV.) 

§  1.  Any  number  of  persons,  not  less  than  thirteen,  may  associate  and  form 
a  mutual  insurance  company  for  the  purpose  of  making  insurance  on  the  lives 
or  health  of  individuals,  or  against  accidents  to  them,  and  every  insurance  apper- 
taining thereto  or  connected  therewith,  and  to  grant,  purchase,  and  dispose  of 
annuities. ,  Insurance  on  lives,  or  on  health,  or  against  accidents,  may  in  each 
case  respectively  include  insurance  for  the  whole  term  of  life  or  any  shorter 
period. 

§  2.  Whenever  a  publication  or  notice  in  a  newspaper  is  provided  for  in  this 
act,  it  shall  be  deemed  to  mean  a  publication  or  notice  in  a  newspaper  issued 
every  day,  or  six  days  in  the  week,  or  if  there  be  none  such,  then  in  one  of  the 
most  frequent  issue  in  each  week  in  the  place  where  the  company's  office  is 
located,  or,  if  none  be  published  there,  then  in  any  such  newspaper  published  in 
the  same  or  an  adjoining  county.  Whenever  such  publication  or  notice  is 
required  to  be  published  for  a  given  period  of  time  in  days  or  wrecks,  it  shall  be 
sufficient  if  published  once  in  each  week  of  such  period,  rejecting  fractions  of  a 
week.  The  word  "company,"  whenever  used  in  this  act,  shall  be  construed  to 
mean  a  corporation  proposed  or  incorporated  under  the  provisions  of  this  act. 
Any  act  required  by  this  act  to  be  performed  by  the  president  of  the  company, 
may  be  performed  by  the  vice-president  in  case  of  the  president's  inability  to 
act  or  a  vacancy  in  the  office,  whatever  be  the  cause  of  such  inability  or  vacancy, 
whether  death,  illness,  absence,  refusal  to  act,  or  otherwise. 

§  3.  The  persons  mentioned  in  the  first  section  of  this  act  shall  make,  sign, 
and  acknowledge  before  any  officer  competent  to  take  the  acknowledgment  of 
deeds,  a  written  certificate  of  incorporation,  in  which  shall  be  specified  the  cor- 
porate name  of  the  company,  and  that  such  company  is  formed  under  this  act, 
referring  to  it  by  its  title  and  date,  and  any  act  supplementary  thereto  or 
amendatory  thereof,  the  amount  of  its  capital  stock,  and  the  number  of  shares 
of  which  such  capital  stock  shall  consist,  the  term  of  its  existence,  which  shall 
not  exceed  seventy-five  j^ears,  the  number  and  the  names  of  the  directors  who 
.shall  manage  the  concerns  of  the  company  for  the  first  year,  or  until  the  first 
annual  election,  and  the  name  of  the  city,  or  town,  and  county,  or  city  and 


180  MUTUAIi    LIFE    CORPORATIONS — MANAGEMENT     OF. 

county  in  which  the  officer  [office?]  of  the  company  shall  be  located.  They  shall 
file  said  certificate  in  the  office  of  the  county  clerk  of  the  county  or  city  and 
county  in  which  the  office  of  the  company  shall  be  located,  and  also  a  copy 
thereof,  certified  by  the  said  county  clerk  under  his  hand  and  seal  to  be  a  true 
copy,  in  the  office  of  the  secretary  of  state.  Every  company  organized  under  this 
act  shall  have  power  to  make  insurance  upon  any  or  all  of  the  risks,  and  to  do 
any  or  all  of  the  business  mentioned  in  section  one,  and  to  make  reinsurance  of 
any  risks  taken  by  them  respectively.  A  copy  of  said  certificate  of  incorpora- 
tion, certified  by  the  said  county  clerk  under  his  hand  and  seal  to  be  a 
true  copy,  shall  be,  prima  facie,  equal  in  all  cases  as  proof  to  the  original  if 
produced. 

§  4.  Upon  the  filing  of  said  certificate  and  of  a  certified  copy  thereof,  as  in 
section  three  provided,  the  persons  who  shall  have  signed  and  acknowledged 
such  certificate,  and  their  successors,  shall  be  a  corporation  under  the  laws  of 
this  state,  by  the  name  specified  in  the  certificate. 

§  5.  The  concerns  of  every  such  company  shall  be  managed  by  a  board  of 
directors,  not  less  than  nine,  who  shall  be  stockholders  of  the  company  in  such 
number  of  shares  as  shall  be  provided  by  the  by-laws  of  the  company.  The 
majority  of  them  shall  be  citizens  of  this  state.  Their  term  of  office  may  be  one, 
two,  or  three  years,  as  shall  be  provided  by  the  by-laws  of  the  company.  After 
the  expiration  of  the  term  of  office  of  the  directors  named  in  the  certificate  of 
incorporation,  they  shall  be  elected  each  year  at  the  annual  meeting.  If  their 
term  shall  be  more  than  one  year,  the  directors  chosen  at  the  first  annual  meeting 
shall  classify  themselves  by  lot,  so  that  one  half  of  them  shall  go  out  of  office 
at  the  end  of  the  first  year,  if  the  term  be  two  years,  or  so  that  one  third  of  them 
shall  go  out  of  office  at  the  end  of  the  first  year,  and  one  third  at  the  end  of  the 
second  year,  if  their  term  be  three  years.  The  annual  meeting  shall  be  at  such 
time  and  place  in  the  town  or  city  where  the  company 's  office  is  located,  as  shall 
be  directed  by  the  by-laws  of  the  company.  Notice  of  such  meeting,  time,  and 
place,  shall  be  published  in  a  newspaper  at  least  four  weeks  previous  thereto. 
The  election  shall  be  by  such  stockholders  as  shall  attend  in  person  or  by  proxy, 
and  each  stockholder  shall  have  one  vote  for  each  share  of  stock  owned  by  him ; 
provided,  that  after  the  filing  of  the  declaration  of  the  company's  fixed  capital, 
in  section  nine  of  this  act  provided,  the  holdei-s  of  policies  of  life  insurance  for 
the  term  of  life,  on  which  the  premiums  shall  not  be  in  default,  may  also  vote 
at  the  election  of  directors,  and  shall  have  one  vote  for  each  one  thousand  dollars 
insured  by  their  policies,  respectively.  The  election  shall  be  by  ballot,  and  the 
persons  receiving  the  highest  number  of  votes  cast  shall  be  the  directors  for  the 
ensuing  term,  and  until  their  successors  shall  be  elected.  The  number  of  direc- 
tors specified  in  the  certificate  of  incorporation  may  be  altered  from  time  to  time 
during  the  exi.stence  of  the  company,  by  resolution,  at  the  annual  meeting,  of  a 
majority  of  those  present  in  person  entitled  to  vote  at  the  election  of  directors, 
but  the  number  shall  never  be  reduced  below  nine. 

§  6.  There  shall  be  a  president  and  a  vice-president  of  the  company,  who 
shall  be  elected  by  the  directors  from  their  own  number,  at  their  first  meeting 
after  the  incorporation  of  the  company,  and  thereafter  at  their  first  meeting 
after  each  annual  election.  They  shall  hold  office  during  the  pleasure  of  the 
board  of  directors,  and  until  their  successors  are  elected  and  enter  upon  their 


MUTUAL,    LIFE    CORPORATIOIVS — BY-LAWS,    PROVISIONS    OF.    .  181 

duties.     Such  other  officers  may  be  elected  or  appointed  as  the  by-laws  shall 
provide.    The  compensation  of  all  officers  shall  be  regulated  by  the  by-laws. 

§  7.  The  by-laws  of  the  company  shall  be  made  by  the  board  of  directors, 
and  may  from  time  to  time  be  altered  or  amended  by  them,  or  at  any  annual 
meeting,  upon  a  notice  of  at  least  four  weeks,  published  in  a  newspaper,  specify- 
ing the  substance  of  the  proposed  alteration  or  amendment,  by  a  majority  of 
those  present  in  person  or  by  proxy  entitled  to  vote  at  the  election  of  directors. 
Besides  the  usual  rules  and  regulations  for  the  transaction  and  management  of 
the  business  of  life  insurance  and  annuities  as  in  section  one  mentioned,  the 
by-laws  may  provide  in  any  manner  not  inconsistent  with  this  act,  as  follows : 

First — For  the  time,  place,  and  mode  of  holding  the  annual  meetings  and  the 
election  of  directors,  and  also  of  any  special  meetings  in  the  town  or  city  where 
the  office  of  the  company  shall  be  located,  by  whom  such  meetings  shall  be 
called,  and  all  other  regulations  connected  therewith. 

Second — For  the  number  of  directors  who  shall  constitute  a  quorum,  which 
shall  not  be  less  than  five  in  a  board  of  nine,  or  than  seven  in  a  larger  number, 
for  filling  vacancies  in  the  board,  and  for  removing  any  member  thereof  or 
declaring  his  office  vacant. 

Third — For  designating  the  officers  of  the  company,  their  duties,  powers, 
qualifications,  the  time  and  mode  of  their  election  or  appointment,  the  mode  of 
their  removal,  their  tenure  of  office,  their  compensation,  and  all  other  matters 
respecting  them. 

Fourth — For  regulating  the  holding  and  disposition  of  the  stock  of  the  com- 
pany, and  the  person  holding  the  same  [sic],  and  the  amount  which  may  be  held 
by  any  one  person,  or  in  any  manner  otherwise  providing  for  the  solvency  of  the 
stockholders  and  for  the  better  security  of  those  dealing  with  the  company. 

§  8.  Every  company  formed  or  existing  under  this  act  shall  have  a  capital 
stock  of  not  less  than  one  hundred  thousand  dollars.  It  shall  not  make  any 
insurance,  nor  transact  any  business  until  its  capital  stock  shall  have  been  fully 
paid  up  in  cash.  The  board  of  directors  of  the  company,  or  a  committee  of  the 
directors  appointed  by  the  board,  shall,  without  delay,  after  organizing,  pro- 
ceed to  obtain  the  subscriptions  required  to  complete  the  capital  stock  of  the 
company,  and  in  obtaining  such  subscription,  or  any  subscriptions  to  capital 
stock  afterwards  authorized,  must  open  books  therefor,  giving  public  notice 
thereof,  if  deemed  necessary  by  them,  in  some  newspaper  of  general  circulation 
in  the  county  in  which  the  principal  office  of  the  company  is  located ;  such  books 
shall,  in  either  case,  be  kept  open  until  the  amount  of  capital  stock  required 
shall  have  been  subscribed.  If  more  than  the  requisite  amount  is  subscribed, 
the  stock  shall  be  distributed  pro  rata  among  the  subscribers.  Any  subscription 
may  be  rejected  by  the  board  of  directors,  or  the  committee  thereof,  or  by  either, 
as  to  the  whole  or  any  part  thereof,  and  shall  be,  so  far  as  rejected,  without 
efleect.     [Amendment,  Stats.  1880,  229.] 

§  9.  Any  corporation  formed  or  existing  under  this  act  may,  at  any  time. 
return  to  the  makers,  their  assigns  or  heirs,  the  guarantee  notes  held  by  said 
corporation ;  and  from  and  after  such  return,  or  the  offer  thereof,  made  in  good 
faith,  the  corporation  shall  not  be  subject  to  any  of  the  obligations  or  burdens 
imposed  by  section  ten  of  said  act  upon  said  corporation,  and  in  favor  of  the 
makers  of  such  notes.     [Amendment,  Stats.  1880,  229.] 


182  MUTUAL    LIFE    CORPORATIOIVS — INVESTMENT    OF    CAPITAL. 

§  10.  "Whenever,  at  any  time,  the  capital  of  any  corporation  formed  or  exist- 
ing under  this  act  shall  become  impaired,  it  shall  be  duty  of  the  board  of  direc- 
iors  at  once  to  le\y  such  an  assessment  upon  the  capital  stock,  whether  paid  up  or 
not,  as  may  be  necessary  to  make  good  such  impairment;  and  such  assessment, 
except  as  to  the  amount  thereof,  shall  be  levied  and  collected  in  the  manner  pre- 
scribed by  sections  three  hundred  and  thirty-one  to  three  hundred  and  forty-nine, 
inclusive,  of  the  Civil  Code  of  this  state.  Every  such  corporation  may  increase 
or  diminish  its  capital  stock  in  the  mode  and  manner  prescribed  by  section  three 
hundred  and  fifty-nine  of  said  Civil  Code.  [Amendment,  Stats.  1880,  299.  The 
amendatory  act  of  1880,  299,  also  contained  the  following  section :  §  4.  Noth- 
ing in  this  act  shall  be  construed  to  affect  any  corporation  formed  after  twelve 
o'clock  noon,  on  the  day  upon  which  the  Civil  Code  of  California  took  effect, 
nor  shall  anything  in  this  act  be  construed  to  revive  or  put  in  force  any  part 
of  the  act  of  which  it  is  amendatorj^  beyond  what  was  intended  should  be  in 
force  by  the  provisions  of  section  two  hundred  and  eighty-eight  of  the  Civil 
Code  of  California.] 

§  11.  It  shall  be  lawful  for  the  company  to  invest  its  capital  in  funds,  as 
follows : 

First — In  loans  upon  unencumbered  and  improved  real  estate  within  the  state 
of  California,  which  shall  be  worth,  at  the  time  of  the  investment,  fifty  per 
centum  more  than  the  sum  loaned. 

Second — In  the  purchase  of  or  loans  upon  interest-bearing  stocks,  bonds  and 
other  securities  of  the  United  States  and  of  the  states  thereof. 

Third — In  the  purchase  of  or  loans  upon  interest-bearing  bonds  of  any  incor- 
porated city  or  city  and  county  in  the  state  of  California. 

Fourth — In  the  purchase  of  or  loans  upon  any  stocks  of  companies  formed 
under  the  laws  of  this  state,  which  shall  have,  at  the  time  of  such  investment,  a 
value  in  the  city  and  county  of  San  Francisco  of  not  less  than  sixt}^  per  centum 
of  their  par  value,  and  which  shall  be  rated  as  first-class  securities. 

But  no  loans  shall  be  made  on  any  securities  specified  in  subdivisions  three 
and  four  in  any  amount  beyond  seventy-five  per  centum  of  their  market  value, 
except  mining  stocks.     [Amendment,  Stats.  1867-8,  661.] 

§  12.  No  company  formed  under  this  act  shall  purchase,  hold,  or  convey  real 
estate,  except  for  the  purposes,  and  as  herein  set  forth,  to  wit : 

First — Such  as  shall  be  requisite  for  its  accommodation  in  the  convenient 
transaction  of  its  business. 

Second — Such  as  shall  have  been  conveyed  to  it  or  to  any  person  for  it  by  way 
of  mortgage  or  in  trust,  or  in  any  manner  otherwise,  to  secure  or  provide  for 
the  payment  of  loans  previously  contracted,  or  for  monej^s  due. 

Third — Such  as  shall  have  been  purchased  at  sales  upon  deeds  of  trust,  or 
judgments,  decrees,  or  mortgages  obtained  or  made  for  such  loans  or  debts. 

Fourth — Such  as  shall  have  been  conveyed  to  it  in  satisfaction  of  debts  pre- 
viously contracted  in  the  course  of  its  dealings. 

All  such  real  estate  as  may  be  acquired  as  aforesaid,  and  which  shall  not  be 
requisite  for  the  accommodation  of  such  company  in  the  convenient  transaction 
of  its  business,  shall  be  sold  and  disposed  of  within  five  years  after  such  com- 
pany shall  have  acquired  title  to  the  same,  and  it  shall  not  be  lawful  for  such 
company  to  hold  such  i-eal  estate  for  a  longer  period  than  that  above  mentioned, 


MUTUAL,  LIFE  CORPORATIONS — DIVIDENDS — EXTENSION   OF  TERM.  183 

Tinless  the  said  company  shall  procure  a  certificate  from  the  controller  of  state 
that  the  interest  of  the  company  will  suffer  materially  by  a  forced  sale  of  such 
real  estate,  in  which  event  the  time  for  the  sale  may  be  extended  to  such  time  as 
the  controller  shall  direct  in  said  certificate. 

§  13.  The  dividends  payable  to  the  stockholders  of  the  company  shall  be 
deducted  before  any  net  earnings  shall  be  deemed  to  have  accrued.  Such  divi- 
dends shall  consist  of  the  interest  or  moneys  earned  by  the  investment  or  other 
use  of  the  capital  stock.  No  dividends  shall  be  made  by  the  company  while  its 
capital  stock  is  impaired,  or  when  the  making  of  such  dividends  would  have  the 
effect  of  impairing  its  capital;  and  any  dividend  so  made  shall  subject  the 
directors  voting  for,  and  the  stockholders  having  notice  and  receiving  the  same, 
to  a  joint  and  several  liability  to  the  creditors  of  such  company  to  the  extent  of 
such  dividend. 

[§  14  repealed,  Stats.  1867-8,  330.] 

§  15.  Upon  the  expiration  of  the  period  of  existence  specified  in  the  certifi- 
cate provided  for  in  section  three,  the  company  may  extend  its  term  of  existence 
for  another  period  of  not  more  than  seventy-five  years,  if  the  same  shall  be 
desired  by  a  majority  of  the  stockholders  and  others  qualified  to  vote  for  direc- 
tors, and  approved  of  by  the  board  of  directors  in  office  for  the  last  year  of  such 
unexpired  term.  Such  desire  of  the  stockholders  and  others  qualified  to  vote  for 
directors  of  the  company  may  be  declared  either  by  a  vote  in  favor  of  such 
extension,  at  a  meeting  of  them  called  specially  for  the  purpose  by  the  president 
or  any  five  stockholders  of  the  company,  at  the  office  of  the  company,  upon  a 
notice  published  in  some  newspaper,  or  by  a  statement  in  writing,  declaring 
themselves  in  favor  of  such  extension,  signed  by  such  majority  of  the  stock- 
holders and  others  qualified  to  vote  for  directors,  or  their  attorneys  in  fact  duly 
authorized.  Such  resolution  or  statement  shall  be  submitted  to  the  board  of 
directors,  and  if  approved  by  them,  they  or  a  majority  of  them  shall  sign  a 
certificate  in  writing,  declaring  the  desire  of  the  company  for  a  renewal  for  such 
further  period  not  exceeding  seventy-five  years.  Such  certificate  shall  be  duly 
acknowledged  before  some  officer  competent  to  take  acknowledgment  of  deeds, 
and  the  original  and  a  copy  thereof  shall  be  filed  before  the  expiration  of  the 
current  term  of  the  company's  existence  in  the  same  manner  as  is  provided  in 
section  three  with  respect  to  the  original  certificate  of  incorporation.  There- 
upon the  company  shall  be  deemed,  from  and  after  the  expiration  of  its  current 
term  of  existence  named  in  the  certificate  of  incorporation,  to  have  renewed  its 
term  of  existence  for  the  period  mentioned  in  said  certificate  of  renewal,  in  all 
respects  as  though  its  previous  term  of  existence  had  not  expired.  Other  renew- 
als may  be  made  from  time  to  time  thereafter  in  the  like  manner  and  with  the 
like  force  and  effect ;  but  no  renewal  shall  ever  be  made  for  a  period  exceeding 
seventy-five  years, 

§  16.  All  premiums  shall  be  payable  wholly  in  cash,  or  one  half  or  a  greater 
proportion  in  cash,  and  the  remainder  in  promissory  notes  bearing  interest  as 
may  be  provided  by  the  by-laws.  Agreements  and  policies  of  insurance  made 
by  the  company  may  be  upon  the  basis  of  full  or  partial  participation  in  the 
profits,  or  without  any  participation  therein,  as  may  be  provided  by  the  by-laws 
and  agreed  between  the  parties. 


184  MUTUAL,    LIFE    CORPORATIONS— REPORTS. 

§  17.  Each  stockholder  of  the  company  shall  be  individually  and  personally 
liable  for  such  proportion  of  all  its  debts  and  liabilities  as  the  amount  of  its 
capital  stock  owned  by  him  bears  to  the  whole  of  such  capital  stock. 

§  18.  It  shall  be  lawful  for  any  married  woman,  by  herself  and  in  her  name 
or  in  the  name  of  any  third  person,  with  his  assent  as  her  trustee,  to  cause  to  be 
insured  for  her  sole  use  the  life  of  her  husband  for  any  definite  period  or  for 
the  term  of  his  natural  life ;  and  in  the  event  of  her  surviving  her  husband,  the 
sum  or  net  amount  of  the  insurance  becoming  due  and  payable  by  the  terms  of 
the  insurance  shall  be  payable  to  her,  and  for  her  own  use,  free  from  the  claims 
of  the  representatives  of  the  husband  or  of  any  of  his  creditors,  or  of  any  parties 
claiming  by,  through,  or  under  him.  But  when  the  premium  or  any  part  thereof 
paid  in  each  year  out  of  the  funds  or  property  of  the  husband  shall  exceed  five 
hundred  dollars,  such  exemption  from  such  claims  shall  not  apply  to  so  much 
of  said  insurance  as  shall  be  in  proportion  to  said  excess  over  five  hundred 
dollars.  In  case  of  the  death  of  the  wife  before  the  decease  of  her  husband,  the 
amount  of  insurance  may  be  made  payable  after  her  death  to  her  children,  for 
their  use,  or  if  under  age,  to  their  guardian. 

§  19.  So  much  of  an  act  entitled  an  act  to  provide  for  the  incorporation  of 
mutual  insurance  companies,  passed  April  twenty-sixth,  one  thousand  eight  hun- 
dred and  fifty-one,  and  any  act  amendatory  thereof  or  supplementary  thereto, 
as  relates  to  insurance  upon  lives,  is  hereby  repealed;  but  this  repeal  shall  not 
affect  the  validity  of  any  incorporation  formed,  or  contract  made,  or  rights 
existing  under  said  act  or  acts,  and  the  same  shall  be  and  remain  in  all  respects 
as  though  this  act  had  not  been  passed.  An  act  entitled  an  act  in  respect  to 
insurance  for  lives  for  the  benefit  of  married  women,  passed  May  eleventh,  one 
thousand  eight  hundred  and  fifty-four,  is  also  repealed.  All  acts  and  parts  of 
acts,  so  far  as  they  affect  incorporations  formed  under  this  act,  are  hereby 
repealed. 

§  20.     This  act  shall  take  effect  immediately. 

See  Const,  of  1879,  §24,  and  subds.  19,  33,  §  25,  art.  IV;  In  re  CaUfornla  Mut.  L,.  Ins. 
Co.,  81  Cal.  364,  22  Pac.  Rep.  869;  Neale  vs.  Head.   133  Cal.  42,   65  Pac.  Rep.  131,  576. 

CORPORATIONS— REPORTS. 

To  protect  stockholders  and  persons  dealing  with  corporations  in  this   state. 

(Stats.  1877-8,  695,  ch.  CCCCL;  amended  Stats.  1905,  786,  ch.  DLXXXIII.) 

§  1.  Any  superintendent,  director,  secretary,  manager,  agent,  or  other  officer, 
of  any  corporation  formed  or  existing  under  the  laws  of  this  state,  or  transact- 
ing business  in  the  same,  and  any  person  pretending  or  holding  himself  out  as 
such  superintendent,  director,  secretary,  manager,  agent,  or  other  officer,  who 
shall  willfully  subscribe,  sign,  indorse,  verify,  or  otherwise  assent  to  the  publi- 
cation, either  generally  or  privately,  to  the  stockholders  or  other  persons  dealing 
with  such  corporation,  or  its  stock,  any  untrue  or  wilfully  and  fraudulently 
exaggerated  report,  prospectus,  account,  statement,  of  operations,  values,  busi- 
ness, profits,  expenditures  or  prospects,  or  other  paper  or  document  intended  to 
produce  or  give,  or  having  a  tendency  to  produce  or  give,  to  the  shares  of  stock 
in  such  corporation  a  greater  value  or  less  apparent  or  market  value  than  they 
really  possess,  or  with  the  intention  of  defrauding  any  particular  person  or  per- 


CORPORATIOIVS — ACTS    CONCERNING. 


185 


sons,  or  the  public,  or  persons  generally,  shall  be  deemed  guilty  of  a  felony,  and 
on  conviction  thereof,  shall  be  punished  by  imprisonment  in  state  prison  or  a 
county  jail  not  exceeding  two  years,  or  by  fine  not  exceeding  five  thousand  dol- 
lars, or  by  both. 

§  2.     All  acts  and  parts  of  acts  in  conflict  v^^ith  this  act  are  hereby  repealed. 

The  Amendatory  Act  of  1905  above  completely  supersedes  and  leaves  nothing  of  Act  of 
1877-8,   695,  to   insert.     See  KERR'S  CYC.  PEN   CODE  §  564   and   Stats.   1905,   683. 


CORPORATIONS. 

An  act  concerning  corporations, 
(Stats.  1850,  347,  ch.  CXXVIII.) 


Although  it  Is  held  in  Murphy  vs.  Pacific 
Bank,  119  Cal.  334.  51  Pac.  Rep.  317,  that 
this  act  and  its  amendments  are  applicable 
to  corporations  formed  prior  to  the  adoption 
of  §  288,  Civil  Code,  which  may  still  exist 
without  having  reorganized  under  the  pro- 
visions of  that  code,  it  is  not  deemed  ex- 
pedient to  reproduce  those  enactments  at 
length  in  this  publication.  The  following 
list  of  the  enactments,  however,  has  been 
prepared: 

The  Act  of  1850.  347,  specifically  names 
Insurance,  railroad,  turnpike,  and  plank 
roads,  manufactures,  mining,  etc.,  telegraph, 
bridges,  religious  and  other  societies,  steam 
navigation,  as  objects  for  which  corpora- 
tions may  be  formed,  though  not  necessar- 
ily  excluding  other   objects. 

The  Act  of  1851,  433,  "An  act  to  provide 
for  the  incorporation  of  railroad  com- 
panies," §  31,  reads:  "An  act  entitled  an 
act  concerning  corporations,  passed  April 
twenty-second,  eighteen  hundred  and  fifty, 
is  hereby  repealed."  The  Act  of  1850,  be- 
ginning with  §  54,  provided  for  railroad 
corporations,  but  the  repeal  above  men- 
tioned was  not  confined  (in  terms)  to  a 
portion  of  the  Act  of  1850.  It  is  found  in 
the  case  of  Brewster  vs.  Hartley,  37  Cal. 
15,  99  Am.  Dec.  237.  that  an  error  occurred 
in  printing  the  Railroad  Incorporation  Act, 
and  that  according  to  the  enrolled  bill,  only 
chapter  III  (relating  to  railroads)  was  re- 
pealed. 

§  160  of  the  Act  of  1850  is  repealed  by 
1851,    426,    and   new   sections    substituted. 

§  174  of  the  Act  of  1850  is  repealed  by 
1851,   424. 

The  incorporation  of  colleges  was  pro- 
vided for  by  Act  of  1850,  273:  §§1,  2,  3  of 
that  act  were  amended  by  Act  of  1855,  110. 
A  supplementary  act  was  passed  enabling 
college  trustees  to  borrow  money  for  the 
benefit  of  the  institutions.  §  5  of  the  Act 
of  1850  was  amended.  1867-8,  69,  and  §§  3 
and  7  were  amended  1867-8,  218;  also 
1869-70,  419.  V^'hat  is  termed  a  "supplemen- 
tary" act  occurs.  1871-2.  10.  relating  to  col- 
leges that  may  be  founded  by  benevolent  or 
fraternal  organizations,  and  this  was 
amended,  including  religious  societies,  and 
extending    powers    by    Stats.    1873-4,    85. 

In  1851,  523,  provision  was  made  for  in- 
corporation of  mutual  insurance  companies. 

In  1852.  168.  provision  was  made  for  in- 
corporation of  water  companies. 


In  1853,  there  are  several  acts  providing 
respectively  for  incorporation  of  railroads. 
Odd  Fellows'  associations,  wagon  roads, 
mining,  manufacturing,  etc..  and  an  act  re- 
lating to  toll-bridges,  all  of  which  may  be 
said  to  amend,  or  affect,  the  general  Act 
of   1850,    347. 

In  1854,  53,  §§175,  184  of  Act  of  1850  were 
amended. 

In  1854,  54,  the  Act  of  1853  relating  to 
Odd  Fellows'  associations   is   amended. 

In  1854,  74,  the  Act  of  1853  relating  to 
turnpike  road  companies  is  amended. 

In  1854,  82,  the  Act  of  1853  relating  to 
railroad  companies  is  amended. 

In  1857,  75,  the  Act  of  1850,  347,  is  ex- 
tended to  societies  for  care,  etc.,  of  orphans, 
foundlings,  shipwrecked  sailors,  sick  and 
disabled  persons,  cemeteries,  the  latter  be- 
ing limited  to  owning  not  exceeding  320 
acres   of  land. 

The  Act  of  1863-4,  492.  amending  Act  of 
1861.    homestead    associations. 

The  Act  of  1863-4,  531,  amending  §§9,  27, 
Act    of   1862,    savings   banks. 

The  Act  of  1865-6,  23,  insurance  com- 
panies authorized  to  increase  capital  stock. 

The  Act  of  1865-6,  310,  amends  Act  of 
1861.    railroad    corporations. 

The  Act  of  1865-6,  458,  general  law  relat- 
ing to  assessments  of  stock. 

The  Act  of  1865-6,  469,  authorizes  organ- 
ization of  chambers  of  commerce,  boards  of 
trade,  etc. 

626, 


holding  of  real 
743,  fire  and  marine 
753,  life,  health,  and 
of 


The    Act    of    1865-6, 
estate  by. 

The    Act    of    1865-6, 
insurance    companies. 

The    Act    of    1866-7, 
accident    insurance    companies. 

The    Act    of    1867-8,    204,    institutions 
learning,   science,   and  art. 

In  1858,  57,  the  Act  of  1850  is  "extended" 
to  include  associations  for  the  care  of  or- 
phans, foundlings,  shipwrecked  sailors,  etc., 
etc.,  and  permitting  married  women  to  par- 
ticipate  in   same. 

In  1858.  264.  the  last  above  act  was  sup- 
plemented, and 

In  1S5S.  145,  repeals  §34  of  the  Act  of 
1853  relating  to  plank  and  turnpike  road 
companies. 

In  1858,  133,  §  1  of  the  Act  of  1853.  amend- 
ed in  1855,  concerning  corporations  for  min- 
ing,  manufacturing,  etc.,   is  amended,  and 

In    1S58,    265,    repealing   portion    of   Plank 


186 


CORPORATIONS — ACTS     CONCERJVIIVG— COROXERS. 


and  Turnpike  Act,  so  far  as  relates  to  con- 
trol   by    supervisors. 

In  1853,  87,  §179  of  Act  of  1850,  relating 
to  sale  of  real  property  of  corporations,  is 
amended. 

In  1859,  93,  the  Act  of  1853  relating  to 
corporations  for  mining,  manufacturing, 
etc.,  is  amended  and  supplemented;  corpora- 
tions theretofore  formed  for  the  purposes 
named  are  validated. 

In  1S61,  41,  provision  is  made  respecting 
corporations  organized  in  this  state  and 
mining  outside  thereof. 

In  1861,  84,  §§146,  147,  148,  149,  154  of 
the  Act  of  1850  are  amended,  and  a  new  pro- 
vision is  inserted  respecting  telegraph  com- 
panies. 

In  1861,  228,  533,  there  are  certain  pro- 
visions affecting  water  companies. 

In  1861,  567  et  seq.,  homestead  associa- 
tions are  provided  for. 

In  1862,  17,  110,  125.  certain  sections  of 
the  Act   of   1850  are  amended. 

In  1862,  199,  provides  for  incorporation 
of  savings  banks. 

In  1862,  540,  the  Incorporation  of  canal 
companies  is  provided  for. 

In  Act  of  1863,  34,  736,  747,  766,  the  Act 
of  1850  is  amended  in  several  respects. 

In  Act  of  1863,  610.  the  Railroad  Incor- 
poration Act  of  1861    is  amended. 

In  Act  of  1863.  624.  the  incorporation  of 
library   associations   is   provided   for. 

In  Act  of  1863-4,  76,  109,  mining  corpora- 
tions are  authorized  to  change  principal 
place  of  business. 

The  Act  of  1863-4,  149,  amends  the  Act  of 
1853  relating  to  mining,  manufacturing, 
etc..  corporations. 

The  Act  of  1863-4,  158,  amends  Act  of 
1862,   relating  to   savings   banks. 

The  Act  of  1863-4.  303.  validates  corpora- 
tions  theretofore   formed. 


The  Act  of  1863-4,  402,  general  law  as  to 
assessments  of  stock. 

The  Act  of  1867-S,  539,  amending  Act  ot 
1861,  homesteads. 

The  Act  of  1869-70,  46,  amending  §  175  of 
general  law  of  1850,   347. 

The  Act  of  1869-70,  130,  amending  §10, 
Bank    Act    of    1862. 

The  Act  of  1869-70.  132.  364,  amending 
Banking  Act  of  1S53,  extending  existence  of. 

The  Act  of  1869-70,  402,  amending  gen- 
eral law   of  1850.    347. 

The  Act  of  1869-70,  474,  amending  Home- 
stead Corporation  Act. 

The  Act  of  1869-70,  523,  is  an  independent 
act  entitled  "to  provide  for  the  formation 
of  corporations  for  the  accumulation  of 
funds  and  savings,  and  the  direct  promotion 
of  manufacturing  and  mechanic  arts,  agri- 
culture, and  mining."  The  fifth  section 
makes  the  Act  of  1862,  199,  applicable  to 
these  corporations,  "so  far  as  not  in  con- 
flict with  this   act." 

The  Act  of  1869-70,  726,  corporations  for 
charitable    and   beneficial    purposes. 

The  Act  of  1869-70,  822,  corporations  for 
trading,  manufacture,  etc. 

There  are  special  acts,  and  some  amend- 
ments occur  to  a  few  of  the  acts  above 
enumerated,  in  1872  and  later,  but  the  fore- 
f,oing  list  is  supposed  to  include  those  laws 
enacted  prior  to  the  codes  and  which  are 
presumably  affected  by  the  decision  In 
Murphy  vs.  Pacific  Bank,  119  Cal.  334,  51 
Pac.    Rep.    317. 

Those  later  acts  are,  particularly:  1871-2, 
132,  133  (savings  and  loan),  443  (mining), 
526  (manufacture,  etc.),  826  (foreign); 
1S73-4.  525   (homestead),  866  (mining). 

Some  of  these  later  statutes,  as  Mining, 
Foreign,  have  been  carried  into  the  Civil 
Code  by  Stats,  of  1905,  as  heretofore  noted 
under    those    subjects. 


CORPORATIONS— FOREIGN  INSURANCE,  TAX  OK. 
See  Kerr's  Cyc.  Pol.  Code,  §  622a. 

CORPORATIONS— INSOLVENCY  OF,   INSURANCE. 
See  Kerr's  Cyc.  Pol.  Code,  §  602. 

CORPORATIONS— MINING. 

See  tits.  Mining,  Stockholders. 


CORPORATIONS— WAGES  OF  EMPLOYEES. 

The  Statute  of  1891,  195,  ch.  CXLVI,  giving       Co.,  127   Cal.    20.    21.   59   Pac.   Rep.    304.      And 


lien,  attorney's  fee,  etc..  in  favor  of  employees 
of  corporations,  is  held  unconstitutional  in: 
Slocum  vs.  Bear  Valley  Irr.  Co..  122  Cal.  555, 
55  Pac.  Rep.  403;  Johnson  vs.  Goodyear  Min. 


was  cited  in  the  following  earlier  cases: 
Keener  vs.  Eagle  Lake  L.  &  I.  Co..  110  Cal. 
630.  43  Pac.  Rep.  14;  Ackley  vs.  Black  Hawk 
G.  M.  Co.,  112  Cal.  43,  44  Pac.   Rep.  330. 


CORONERS. 


There  Is  an  Act  of  1871-2.  81,  ch.  LXXXI. 
concerning    the    making    of    chemical    post 


of  the  physician  or  surgeon  employed  there- 
for.     There    is    a    provision    on    this    subject 


mortem  examinations,  and  for  compensation        in  the  general  County  Government  Act  §  142. 


COROJVERS— COSTS — COUNTIES.  187 

The  San  Francisco  charter  also  provides  for  As  to  post  mortems  at  state  prisons,   see 

the  same  matter.     There  is  also  the  statute  Marin    County;   State    Prisons. 

of   1895,   52,   ch._  LI,   providing   for   the   same  ^nd  for  fees,  see  County  Government  Act; 

thing-   m   counties    of   the   first   class.  p^^.^  ^^  Officers 

The   statute   of   1893,    190,   ch.    CLXV,   pro-  .     ^ 

vides  for  assistants  to  coroners  in  a  city,  or  ^^^""^   "^^   *°   Coroners'  Juries,   see   KERR'S 

city  and  county,  having  one   hundred   thou-  f,^,^'  ^f,^'  ^ODE  §§  1510  (1511a,  1511b,  new), 

sand,  or  more,  population;  and  the  statute  of  ^^^\   Vl\^  ^^^'^'^^   "®^^'    ^""^    ^^IS,    amend- 


1895,   168,   ch.   CLXIV,  provides  for  a   steno- 


ments  1905. 


graphic      reporter      for     coroners      in     each  ^^^  ^^  ^°  Coroner — San  Francisco    (Stats, 

county,   or  city  and  county,   with  a  popula-  1S71-2),    see    People    vs.    Southwell,    46    Cal. 

tion    of   one   hundred   thousand   or  more.     It  153;    People    vs.    Kuhlman,    118    Cal.    140,    50 

is    not    deemed    essential    to    publish    those  Pac.  Rep.  382;  Stats.  1871-2,  403,  Kuhlman  vs. 

statutes     in     the     compilation     of     "General  Superior  Court,  122  Cal.  638,  55  Pac.  Rep.  589. 

Laws."  See  tit.  Health — Public. 

COSTS— CIVIL  ACTIONS. 

Concerning  the  costs  in  civil  actions  for  serving  summonses  and  subp(]enas. 

(Stats.  1891,  56,  ch.  LX.) 

§  1.  In  all  civil  actions,  when  a  summons  or  subpoena  is  served  by  a  person 
other  than  the  sheriff,  the  person  so  serving  shall  be  allowed  by  the  court  issuing 
the  process  such  sum  as  the  court  may  think  proper,  not  exceeding  the  amount 
allowed  sheriffs  by  law, 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

Concerning  costs   in   actions   of  libel   and  See  note  herein  under  tits.  Coroners;  Ll- 

slander,  see  post,  tit.  Libel.  bel  and  Slander. 

COSTS    "WHERE    STATE    IS    A    PARTY. —  AS    TO    TRIALS    FOR    CRIMES    COMMIT- 

See  KERR'S  CYC.  CODE  CIVIL  PROC.  §  1038.  TED  IIV  STATE  PRISON,  see  tit.  State  Pris- 

Cost  Bills — Settlement. — See  KERR'S  CYC.  ons,  post;    Stats.    1880,    43,   ch.   LVI. 
CODE   CIV.  PROC.   §  1033. 

COUNTIES— CLAIMS  OF. 

Authorizing  the  allowance,  settlement,  and  payment  of  claims  of  counties  against 

the  state. 
(Stats.  1893,  109,  ch.  XCIII.) 

§  1.  On  the  presentation  of  the  claim  of  any  county  of  this  state,  or  treasurer 
thereof,  to  the  state  controller  for  commissions,  charges,  or  fees  fixed  or  directed 
to  be  allowed  by  law  for  the  collection  of  state  taxes,  the  said  commissions, 
charges,  or  fees  for  which  claim  is  made,  not  having  been  allowed  by  the  state, 
and  the  same  having  been  paid  into  the  state  treasury,  thereupon  the  state  con- 
troller shall,  in  the  next  settlement  thereafter  to  be  made  with  the  treasurer  of 
the  county  presenting  such  claim,  allow  to  be  retained  out  of  any  moneys  then 
in  the  hands  of  such  treasurer  belonging  to  the  state,  the  amount  of  such  claim ; 
provided,  however,  that  the  moneys  thus  retained  shall  be  paid  into  the  county 
treasury,  and  shall  be  the  property  of  such  county. 

§  2.     This  act  shall  take  effect  immediately. 

County  of  Sacramento  vs.  Colgan,  114  Cal.  246,  46  Pac.  Rep.  175;  County  of  Tolo  vs. 
Colgan,   132   Cal.   265,   276,   64   Pac.   Rep.    403. 

COUNTIES,  NEW— FUNDS. 

To  provide  for  the  transfer  of  certain  moneys  from  one  county  to  another,  when 

a  new  county  has  been  formed  and  organized. 

(Stats.  1893,  235,  ch.  CXCIL) 

§  1.     Whenever  a  new  county  has  been  formed  within  the  state,  it  shall  be 

the  duty  of  the  treasurer  of  the  county  or  counties  out  of  whose  territory  said 


188  NEW   COUNTIES — COUNTY   BOUNDARIES. 

new  county  shall  have  been  formed,  to  immediately  cause  to  be  transferred  to 
the  county  treasurer  of  the  new  county  thus  formed  all  moneys  standing  to  the 
credit  of  or  belonging  to  any  road  or  school  district,  the  territory  comprising 
which  has  been  segregated  from  such  old  county,  and  which  is  included  in  the 
boundaries  of  such  new  county. 

§  2.  Whenever,  in  the  formation  of  a  new  county,  a  road  or  school  district 
has  been  divided,  the  board  of  supervisors  shall,  by  order,  direct  the  treasurer  to 
transfer  a  proportionate  amount  of  the  moneys  remaining  in  the  fund  of  such 
district  to  the  treasurer  of  the  new  county. 

§  3.  This  act  shall  be  held  to  apply  expressly  to  counties  heretofore  divided 
and  new  counties  created  from  the  territory  of  the  same,  when  no  provision  was 
made  in  the  act  creating  such  county  for  the  transfer  of  the  moneys  herein  pro- 
vided to  be  made. 

§  4.  A  compliance  with  the  provisions  of  this  act  shall  be  a  full  and  complete 
settlement  of  all  demands  which  the  new  county  had  against  the  old  county 
or  counties. 

§  5.     This  act  shall  take  effect  immediately. 

County  of  Kings  vs.  County  of  Tulare,  119  Cal.   509,   517,   51   Pac.   Rep.   866. 
See  next  following-  statute  and  note. 

COUNTIES,  NEW— PROCESS. 

Concerning  the  execution  of  final  process  in  certain  cases. 
(Stats.  1873-4,  365,  ch.  CCLXVIII.) 

§  1.  In  all  cases  where  new  counties  have  been  or  may  hereafter  be  erected, 
and  executions,  orders  of  sale  upon  foreclosures  of  mortgages,  or  other  process 
affecting  specific  real  estate,  have  been  or  may  hereafter  be  adjudged  by  the 
final  judgment  or  decree  of  a  court  of  competent  jurisdiction,  to  be  executed 
by  the  sheriff  of  the  county  in  which  such  real  estate  was  originally  situated, 
such  process  may  be  executed  by  the  sheriff  of  the  new  county  in  which  such 
real  estate  is  found  to  be  situated,  with  the  like  effect  as  if  he  were  the 
sheriff  of  the  county  designated  in  the  judgment,  decree,  or  order  of  sale, 
to  execute  the  same. 

§  2.   .This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  last  preceding  statute,  as  to  transfer  of  Political  Code,  see  names  of  respective 
of  funds  by  county  treasurer.  counties,     for     instance:     Glenn,     Riverside, 

And    for   counties    formed    since    adoption       etc. 

COUNTY  BONDS. 

It   Is    believed    that    the   issuing-   of   bonds  Former    enactments    were:    18S3-4     (extra 

and     funding    indebtedness     of    counties     is  session).    8;    1889.   37;   Pol.   Code   §§4048-4051. 

covered    by    subd.    13,    §25,    County   Govern-  as   amended   1880,    313-315.      See   also    Stats, 

ment  Act  of  1897,  post.  1880,    211. 

COUNTY  BOUNDARIES. 

To  publish  Independent  acts  relating  to  or  under      appropriate      sections.        See      Glenn 

more  definitely  defining  boundaries  between  County:  Riverside  County,  etc.,  post, 

certain    counties    in    this    connection    would  BOUND.\RIE.S.  —  Fresno,      3Indern,      nnd 

be    of    no    advantage.      Boundaries    of    coun-  3Inriitosn        counties.  —  Stats.       1871-2.       S91, 

ties  are  given  in  Kerr's  Cyc.  Pol.  Code  §§3909  1873-4.   100;   County  of  Mariposa  vs.   County 

to  3958   inclusive,  and   the  special  acts   here  of  Madera,   142  Cal.   50,   53,    54.   75   Pac.   Rep. 

alluded  to  are  generally  cited  In  the  codes,  572. 


COUNTY — EXHIBITS    OF— GOVERNMENT.  189 

COUNTY  CLERK— DUTIES. 

See  Pensian  Claims;   Counties   of  Tenth  Class;  County  Government,  Fees; 
County  Officers;  Kerr's  Cyc.  Code  of  Civil  Procedure. 

COUNTY  EXHIBITS. 

Empowering  boards  of  supervisors  of  any  of  the  several  counties  of  the  state 
of  California  to  levy  a  special  tax  for  the  purpose  of  displaying  the 
products  and  industries  of  any  county  in  the  state  at  domestic  or  foreign 
expositions,  for  the  purpose  of  encouraging  immigration  and  increasing 
trade  in  the  products  of  the  state. 

(Stats.  1901,  589,  ch.  CLXXXVI.) 

§  1.  The  boards  of  supervisors  of  the  several  counties  within  the  state 
of  California,  or  any  of  them,  are  hereby  authorized  and  empowered  to  levy 
a  special  tax  on  the  taxable  property  within  their  respective  counties,  for 
the  purpose  of  creating  a  fund  not  exceeding  ten  thousand  dollars  in  any  one 
year  in  any  one  county,  to  be  used  for  collecting,  preparing,  and  maintaining 
an  exhibition  of  the  products  and  industries  of  the  county  at  any  domestic 
or  foreign  exposition,  for  the  purpose  of  encouraging  immigration  and  in- 
creasing trade  in  the  products  of  the  state  of  California ;  provided,  the  total 
tax  levies  for  such  purposes  in  any  one  year  shall  not  exceed  two  cents  on 
each  one  hundred  dollars  of  taxable  property  in  the  county,  according  to  the 
assessment  roll. 

COUNTY  GOVERNMENT. 

To  establish  a  uniform  system  of  county  and  township  government. 

(Stats.  1883,  299,  ch.  LXXV,  was  amended  as  follows:  1885,  125,  166,  195; 
1887,  168,  178;  1889,  232;  and  superseded  by  Stats.  1891,  295,  ch.  CCXVI, 
which  was  in  turn  amended  1893,  310,  and  repealed  by  Stats.  1897,  452, 
ch.  CCLXXVII;  amended  1901,  685,  ch.  CCXXXIV,  and  1903,  129,  ch. 
CXVIII;  1903,  151,  ch.  CXXXVIII;  1903,  156,  ch.  CXL;  1903,  160,  ch. 
CXLIV;  1903,  168,  ch.  CLIV;  1903,  173,  ch.  CLVII;  1903,  179,  ch.  CLXII; 
1903,  200,  ch.  CLXXX;  1903,  212,  ch.  CXCII;  1903,  218,  ch.  CXCV;  1903, 
224,  ch.  CXCVI ;  1903,  227,  ch.  CXCVII ;  1903,  230,  ch.  CXCVIII ;  1903,  232, 
ch.  CXCIX;  1903,  237,  ch.  CCIII;  1903,  239,  ch.  CCIV;  1903,  402,  ch. 
CCLXXVII;  and  in  same  connection,  as  to  certain  officers  in  counties  of 
tenth  class,  see  1903,  217,  CXCIV,  which  is  properly  an  amendment,  though 
not  so  designated  in  its  title,  and  is  inserted  in  this  act  immediately  pre- 
ceding §  168.) 

§  1.  The  several  counties  of  this  state,  as  they  now  exist,  and  such  other 
counties  as  may  be  hereafter  organized,  according  to  law,  are  bodies  cor- 
porate and  politic,  and  as  such  have  the  powers  specified  in  this  act,  and  such 
other  powers  as  are  necessarily  implied. 

§  2.  Their  powers  can  only  be  exercised  by  the  board  of  supervisors,  or 
by  agents  and  officers  acting  under  their  authority,  or  authority  of  law. 

§  3.     The  name  of  a  county  designated  in  the  law  creating  it  is  its  corporate 


190  COUNTY    GOVERNMENT — NAME — POWER    OF. 

name,  and  it  must  be  designated  thereby  in  all  actions  and  proceedings  touch- 
ing its  corporate  rights,  properties,  and  duties. 
§  4.     It  has  power : 

1.  To  sue  and  be  sued. 

2.  To  purchase  and  hold  land  within  its  limits. 

3.  To  make  such  contracts  and  purchase  and  hold  such  personal  property 
as  may  be  necessary  to  the  exercise  of  its  powers. 

4.  To  manage  and  dispose  of  its  property  as  the  interests  of  its  inhabitants 
may  require. 

5.  To  levy  and  collect  such  taxes,  for  purposes  under  its  exclusive  juris- 
diction, as  are  authorized  by  law. 

§  5,  No  county  shall,  in  any  manner,  give  or  loan  its  credit  to  or  in  aid 
of  any  person  or  corporation.  An  indebtedness  or  liability  incurred  contrary 
to  this  provision  shall  be  void. 

§  6.  All  contracts,  authorizations,  allowances,  payments,  and  liabilities  to 
pay,  made  or  attempted  to  be  made  in  violation  of  this  act,  shall  be  absolutely 
void,  and  shall  never  be  the  foundation  or  basis  of  a  claim  against  the  treasury 
of  such  county.  And  all  officers  of  said  county,  are  charged  with  notice  of 
the  condition  of  the  treasury  of  said  county,  and  the  extent  of  the  claims 
against  the  same. 

§  7.  Any  officer  authorizing,  or  aiding  to  authorize,  or  auditing,  or  allow- 
ing, or  paying  any  claim  or  demand  upon  or  against  said  treasury,  or  any 
fund  thereof,  in  violation  of  any  of  the  provisions  of  this  act,  or  of  the  con- 
stitution of  this  state,  shall  be  liable  in  person,  and  upon  his  official  bond,  to 
the  person  or  persons  damaged  by  such  illegal  authorization,  to  the  extent 
of  his  or  their  loss  by  reason  of  the  non-payment  of  his  or  their  claims. 

§  8.  "Whenever  any  board  of  supervisors  shall,  without  authority  of  law, 
order  any  money  paid  as  a  salary,  fees,  or  for  any  other  purposes,  and  such 
money  shall  have  been  actually  paid;  or  whenever  any  county  officer  has 
drawn  any  warrant  or  warrants  in  his  own  favor,  or  in  favor  of  any  other 
person,  without  being  authorized  by  the  board  of  supervisors,  or  by  the  law, 
and  the  same  shall  have  been  paid,  the  district  attorney  of  such  county  is 
hereby  empowered,  and  it  is  hereby  made  his  imperative  duty,  to  institute 
suit,  in  the  name  of  the  county,  against  such  person  or  persons,  to  recover 
the  money  so  paid,  and  twenty  per  centum  damages  for  the  use  thereof; 
and  no  order  of  the  board  of  supervisors  therefor  shall  be  necessary  to  main- 
tain such  suit.  When  the  money  has  not  been  paid  on  such  order  or  warrants, 
it  is  hereby  made  the  imperative  duty  of  the  district  attorney  of  such  county, 
upon  receiving  notice  thereof,  to  commence  suit,  in  the  name  of  the  county, 
to  restrain  the  payment  of  the  same ;  and  no  order  of  the  board  of  super- 
visors shall  be  necessary  in  order  to  maintain  such  suit. 

§  9.  It  shall  be  the  duty  of  the  judge  of  the  superior  court  of  each  and 
every  county,  whenever  a  grand  jury  is  impaneled,  to  call  their  attention  to 
the  provisions  of  the  foregoing  sections,  and  to  instruct  them  to  ascertain, 
by  careful  and  diligent  investigation,  whether  the  provisions  of  said  sections 
have  been  complied  with,  and  to  note  the  result  of  such  investigation  in  their 
report. 


COUNTY   GOVERNMENT — POPULATION    OF   THE    COUNTIES.  191 

§  10.     The  population  of  the  several  counties  of  this  state  is  hereby  ascer- 
tained and  determined  to  be  and  is  as  follows: 

COUNTY.  POPULATION. 

1.  San  Francisco    342,782 

2.  Los  Angeles    170,298 

3.  Alameda  130,197 

4.  Santa  Clara    , 60,216 

5.  Sacramento    45,915 

6.  Sonoma    38,480 

7.  Fresno    37,862 

8.  San  Joaquin   35,452 

9.  San  Diego   35,090 

10.  San   Bernardino    27,929 

11.  Humboldt    27,104 

12.  Solano    24,143 

13.  Santa  Cruz    21,512 

14.  Mendocino    20,465 

15.  Orange    19,696 

16.  Monterey 19,380 

17.  Santa  Barbara   18,934 

18.  Tulare    18,375 

19.  Contra  Costa 18,046 

20.  Riverside   17,897 

21.  Nevada 17,789 

22.  Shasta    17,318 

23.  Butte    17,117 

24.  Siskiyou   16,962 

25.  San  Luis  Obispo   16,637 

26.  Kern     16,480 

27.  Napa     16,451 

28.  Placer     15,786 

29.  Marin    15,702 

30.  Ventura     14,367 

31.  Yolo    13,618 

32.  San  Mateo   12,094 

33.  Calaveras    11,200 

34.  Tuolumne 11,166 

35.  Amador    11,116 

36.  Tehama    10,990 

37.  Kings    9,871 

38.  Stanislaus    9,550 

39.  Merced    9,215 

40.  El  Dorado   8.986 

41.  Yuba    8.620 

42.  Colusa    7,364 

43.  San  Benito    6,633 

44.  Madera   6,364 

45.  Lake    6,007 


19a  COUATY    GOVERNMENT— BOARD     OF    SUPERVISORS. 

46.  Sutter  5,886 

47.  Glenn    5,150 

48.  Modoc     5.076 

49.  Mariposa    4,720 

50.  Plumas   4,657 

51.  Lassen    4,511 

52.  Trinity     4,383 

53.  Inyo    4,377 

54.  Sierra    4,017 

55.  Del  Norte 2,408 

56.  Mono 2,167 

57.  Alpine    509 

[Amendment  Stats.  1901,  685.] 

§  11.  The  county  seats  of  the  respective  counties  of  this  state,  as  now  fixed 
by  law,  are  hereby  recognized  as  and  declared  to  be  the  county  seats  of  the 
respective  counties.  No  county  seat  shall  be  removed  unless  two  thirds  of  the 
qualified  electors  of  the  county,  voting  on  the  proposition  at  a  general  election, 
shall  vote  in  favor  of  such  removal. 

§  12.-  "Whenever  there  shall  be  presented  to  the  board  of  supervisors  of  any 
county  a  petition,  signed  by  the  qualified  electors  of  such  county,  in  number 
equal  to  a  majoritj-  of  the  votes  cast  at  the  preceding  general  election,  praying 
for  the  submission  of  the  question  of  the  removal  of  the  county  seat  of  such 
county,  it  shall  be  the  duty  of  the  board  of  supervisors,  by  due  proclamation, 
to  submit  the  question  of  such  removal  of  the  county  seat  at  the  next  general 
election  to  the  qualified  electors  of  such  county.  The  election  shall  be  conducted 
and  the  returns  canvassed  in  all  respects  as  provided  by  law  for  the  conduct 
of  general  elections  and  canvassing  the  returns  thereof. 

§  13.  Whenever  there  shall  be  presented  to  the  board  of  supervisors,  a  peti- 
tion, or  petitions,  signed  by  legal  voters  of  said  count}'  equal  in  number  to  fifty 
per  centum  of  the  votes  cast  at  the  last  preceding  general  election,  asking  that 
an  ordinance,  to  be  set  forth  in  such  petition,  be  submitted  to  a  vote  of  the 
qualified  voters  of  such  county,  it  shall  be  the  duty  of  the  board  of  supervisors, 
by  proclamation,  to  submit  such  proposed  ordinance  to  the  vote  of  the  qualified 
electors  of  such  county.  Such  election  shall  be  held  witliin  thirty  days  after 
the  first  regular  meeting  of  the  board  after  the  filing  of  such  petition;  provided, 
that  should  said  petition  be  filed  within  six  months  prior  to  a  general  election, 
no  special  election  need  be  held,  but  such  ordinance  shall  be  submitted  at  the 
next  general  election.  The  ballots  used  at  such  special  or  general  election 
shall  contain  the  words  "For  the  ordinance"  (stating  the  nature  of  the  ordi- 
nance), and  "Against  the  ordinance"  (stating  the  nature  of  the  ordinance).  The 
election  shall  be  conducted  and  the  returns  canvassed  in  all  respects  as  provided 
by  law,  for  the  conducting  of  general  elections  and  the  canvassing  the  returns 
thereof;  provided,  that  when  a  special  election  is  held  under  the  provisions  of 
this  section,  the  board  of  supervisors,  in  their  discretion,  may  consolidate  pre- 
cincts, and  may  reduce  the  number  of  election  officers  to  a  number  not  less  than 
four.  If  a  majority  of  the  votes  cast  upon  such  ordinance  shall  be  in  favor  of 
the  adoption  thereof,  the  board  of  supervisors  shall  proclaim  such  fact,  and 


COUNTY    GOVERNMENT — BOARD     OF    SUPERVISORS.  103 

upon  the  publication  of  such  proclamation,  such  ordinance  thus  adopted  shall 
have  the  same  and  equal  force  and  effect  as  though  adopted  and  ordained  by 
the  board  of  supervisors.  The  board  of  supervisors  may  also,  at  any  election, 
submit  any  question  or  proposition  upon  which  they  may  desire  the  opinion 
of  the  voters  of  the  county. 

BOAED  OF  SUPERVISORS. 

§  14.  Each  county  must  have  a  board  of  supervisors,  consisting  of  five 
members. 

§  15,  Each  member  of  the  board  of  supervisors  must  be  an  elector  of  the 
district  which  he  represents,  must  reside  therein  during  his  incumbency,  must 
have  been  such  elector  for  at  least  one  year  immediately  preceding  his  election, 
and  shall  be  elected  by  such  district,  and  not  at  large;  provided,  that  in  any 
county  or  city  and  county  in  which  supervisorial  districts  have  not  been  estab- 
lished by  law  or  ordinance,  and  in  which  supervisors  are  now  required  to  be 
elected  at  large,  but  from  particular  wards,  the  members  of  the  board  of  super- 
visors shall  be  elected  at  large  and  without  regard  to  residence. 

§  16.  The  board  of  supervisors  may,  by  a  two-thirds  vote  of  the  members  of 
said  board,  change  the  boundaries  of  any  or  all  of  the  supervisor  districts  of 
a  county.  Said  districts  shall  be  as  nearly  equal  in  population  as  may  be.  The 
boundaries  of  no  supervisor  district  shall  at  any  time  be  changed  in  such 
manner  as  to  affect  the  term  of  office  of  any  supervisor  who  has  been  elected, 
and  whose  term  of  office  has  not  expired.  No  change  in  the  boundaries  of  any 
supervisor  district  shall  be  made  within  ninety  days  next  preceding  a  general 
election. 

§  17.  Whenever  a  vacancy  occurs  in  the  board  of  supervisors  of  a  county, 
the  governor  shall  fill  the  vacancy,  and  the  appointee  shall  hold  office  until  the 
election  and  qualification  of  his  successor.  In  such  case  the  election  of  a  super- 
visor shall  be  held  at  the  next  general  election  to  fill  the  vacancy  for  the  unex- 
pired term,  unless  such  term  expires  on  the  first  Monday  after  the  first  day  of 
January  succeeding  said  election. 

§  18.  The  supervisors  shall  elect  a  chairman,  who  shall  preside  at  all  meet- 
ings of  the  board,  and  in  case  of  his  absence  or  inability  to  act,  the  members 
present  must,  by  an  order  entered  on  their  records,  select  one  of  their  number 
to  act  as  chairman  temporarily.  Any  member  of  the  board  may  administer 
oaths,  when  necessary  in  the  performance  of  his  official  duties.  A  majority  of 
the  members  of  the  board  shall  constitute  a  quorum  for  the  transaction  of 
business,  and  no  act  of  the  board  shall  be  valid  or  binding  unless  a  majority  of 
all  the  members  concur  therein. 

§  19.  The  county  clerk  is  ex  officio  clerk  of  the  board  of  supervisors.  The 
records  and  minutes  of  the  board  must  be  signed  by  the  chairman  and  the  clerk. 

CLERK  OF  THE  BOARD. 

§  20.     The  clerk  of  the  board  must : 

1.  Record  all  the  proceedings  of  the  board. 

2.  Make  full  entries  of  all  their  resolutions  and  decisions  on  all  questions 
concerning  the  raising  of  money  for  and  the  allowance  of  accounts  against 
the  county. 

Gen.   Laws — 13 


194  COUNTY     GOVERNMEIVT — BOARD     OF     SUPERVISORS,     BOOKS     OF. 

3.  Record  the  vote  of  each  member  on  any  question  upon  which  there  is  a 
division,  or  at  the  request  of  any  member  present. 

4.  Immediately  after  the  adjournment  of  each  meeting  of  the  board,  certify 
all  demands  allowed  and  orders  made  for  the  payment  of  money,  giving  the 
amount  and  date  of  each  demand,  or  order,  and  the  date  of  the  allowance 
thereof,  which  demands,  or  orders,  shall  be  countersigned  by  the  chairman  of 
the  board,  and  thereafter  said  clerk  shall  deliver  to  and  leave  the  same  with  the 
auditor. 

5.  File  and  preserve  the  reports  of  the  county  treasurer  of  the  receipts  and 
disbursements  of  the  county. 

6.  Preserve  and  file  a  memorandum  of  all  accounts  acted  upon  by  the  board. 

7.  Preserve  and  file  all  petitions  and  applications  for  franchises,  and  record 
the  action  of  the  board  thereon. 

8.  Authenticate  with  his  signature  and  seal  of  the  board  the  proceedings  of 
the  board,  whenever  the  same  shall  be  ordered  published. 

9.  Authenticate  with  his  signature  and  the  seal  of  the  board,  all  ordinances 
passed  by  the  board,  and  to  record  the  same  at  length  in  the  "ordinance  book." 

10.  Record  all  orders  levying  taxes;  and, 

11.  Perform  all  other  duties  required  by  law,  or  any  rule  or  order  of  the 
board. 

§  21.     The  board  must  cause  to  be  kept : 

1.  A  "minute  book,"  in  which  shall  be  entered  the  daily  proceedings  had  at 
all  regular  and  special  meetings,  and  all  orders  and  decisions  made  by  them, 
except  such  as  are  required  to  be  recorded  in  the  "road,"  "franchise,"  or 
"ordinance"  books. 

2.  An  "allowance  book,"  in  which  must  be  recorded  all  orders  for  the 
allowance  of  money,  from  the  county  treasury,  to  whom  made,  and  on  what 
account,  dating,  numbering,  and  indexing  the  same  through  each  year. 

3.  A  "road  book,"  containing  all  proceedings  and  adjudications  relating 
to  the  establishment,  maintenance,  change,  and  discontinuance  of  roads  and  road 
districts. 

4.  A  "franchise  book,"  containing  all  franchises  granted  by  them,  and  all 
proceedings  had  in  relation  thereto. 

5.  A  "warrant  book,"  to  be  kept  by  the  county  auditor,  in  which  must  be 
entered,  in  the  order  of  drawing,  all  warrants  drawn  on  the  treasury,  with  their 
number,  and  reference  to  the  order  on  the  minute  book,  with  the  date,  amount, 
on  what  account,  and  name  of  payee. 

6.  An  "ordinance  book,"  in  which  must  be  entered  all  ordinances  duly 
passed  by  the  board. 

§  22.  The  board  of  supervisors  must,  by  ordinance,  provide  for  the  holding 
of  regular  meetings  of  the  board  at  the  county  seat. 

§  23.  A  special  meeting  may  be  ordered  by  a  majority  of  the  board.  The 
order  must  be  signed  by  the  members  calling  such  meeting,  and  must  be  entered 
in  the  minutes.  Five  days'  notice  of  such  meeting  must  be  given  by  the  clerk, 
personally  or  by  mail,  to  the  members  not  joining  in  the  order.  The  order  must 
specify  the  business  to  be  transacted  at  such  special  meeting,  and  none  other 
shall  be  transacted. 


COUNTY    GOVERNMENT — GENERAL.    PO\%'ERS     OP     BOARD.  195 

§  24.  All  meetings  of  the  board  must  be  public,  and  the  books,  records,  and 
accounts  of  the  board  must  be  kept  at  the  office  of  the  clerk,  open  at  all  times 
for  public  inspection. 

GENERAL  PERMANENT  POWERS  OF  BOARDS. 

§  25.  The  boards  of  supervisors,  in  their  respective  counties,  shall  have 
jurisdiction  and  power,  under  such  limitations  and  restrictions  as  are  pre- 
scribed by  law : 

1.  To  supervise  the  official  conduct  of  all  county  dfficers,  and  officers  of  all 
districts  and  other  subdivisions  of  the  county  charged  with  the  assessing,  col- 
lecting, safe-keeping,  management,  or  disbursement  of  the  public  revenues;  to 
see  that  they  faithfully  perform  their  duties,  direct  prosecutions  for  delinquen- 
cies, and,  when  necessary,  require  them  to  renew  their  official  bonds,  make 
reports  and  present  their  books  and  accounts  for  inspection. 

2.  To  divide  the  counties  into  townships,  election,  school,  road,  supervisor, 
sanitary,  and  other  districts  required  by  law,  change  the  same,  and  create 
others,  as  convenience  requires. 

3.  To  establish,  abolish,  and  change  election  precincts,  and  to  appoint  in- 
spectors and  judges  of  election,  canvass  all  election  returns,  declare  the  result, 
and  order  the  county  clerk  to  issue  certificates  thereof;  but  no  election  precinct 
shall  be  established  or  abolished,  or  the  boundaries  of  any  precinct  changed, 
within  ninety  days  prior  to  any  election. 

4.  To  lay  out,  maintain,  control,  construct,  repair,  and  manage  public  roads, 
turnpikes,  ferries,  wharves,  chutes,  and  other  shipping  facilities  and  bridges 
within  the  county,  unless  otherwise  provided  by  law,  and  to  grant  franchises 
and  licenses  to  collect  tolls  thereon ;  provided,  where  the  cost  of  the  construction 
of  any  bridge,  -vvhfrf,  chute,  or  other  shipping  facilities  that  may  be  built  under 
the  provisions  of  this  subdivision  exceeds  the  sum  of  five  hundred  dollars,  they 
must  cause  to  be  prepared  and  must  adopt  plans  and  specifications,  strain  sheets, 
and  working  details,  and  must  advertise  for  bids  for  the  construction  of  such 
bridge,  wharves,  chutes  or  other  shipping  facilities,  unless  otherwise  provided 
by  law,  in  accordance  with  the  plans  and  specifications  so  adopted.  All  bidders 
shall  be  afforded  opportunity  to  examine  such  plans  and  specifications,  and  said 
board  shall  award  the  contract  to  the  lowest  responsible  bidder,  and  the  plans 
and  specifications  so  adopted  shall  be  attached  to  and  become  a  part  of  the 
contract;  and  the  person  or  corporation  to  whom  the  contract  is  awarded  shall 
be  required  to  execute  a  bond,  to  be  approved  by  said  board,  for  the  faithful 
performance  of  such  contract ;  provided,  that  after  the  submission  of  the  bids 
as  herein  provided,  the  board  of  supervisors  being  advised  by  the  county  sur- 
veyor that  the  work  can  be  done  for  a  sum  less  than  the  lowest  responsible  bid, 
it  shall  then  be  their  privilege  to  reject  all  bids  and  to  order  the  work  done  or 
structure  built  by  day's  work,  under  the  supervision  and  control  of  the  said 
surveyor;  provided  further,  that  the  surveyor  in  such  cases  shall  be  held  per- 
sonally responsible,  under  his  official  bond,  to  construct  said  bridge  or  structure, 
according  to  his  plans  and  specifications,  at  a  cost  not  to  exceed  the  amount  of 
the  lowest  responsible  bid  received;  provided,  that  the  road  commissioners  or 
road  overseers  in  their  respective  districts  shall  employ  all  labor  required  and 
direct  the  conduct  of  work  of  any  kind  upon  any  and  all  public  roads;  provided 
further,  that  in  cases  of  great  emergency,  by  the  unanimous  cjnsent  of  the  whole 


106  COUNTY    GOVERNMENT— GENERAL     POWERS     OP     BOARD. 

board,  they  may  proceed  at  once  to  replace  or  repair  any  and  all  bridges  and 
structures  without  notice. 

5.  To  construct  or  lease,  officer  and  maintain,  hospitals  and  poorhouses,  or 
otherwise,  in  their  discretion,  provide  for  the  care  and  maintenance  of  the 
indigent  sick  or  dependent  poor  of  the  county;  and  for  such  purposes  to  levy 
the  necessary  property  or  poll  taxes,  or  both.  The  board  of  supervisors  shall 
appoint  some  suitable  person  to  take  care  of  and  maintain  such  hospitals  and 
poorhouses,  and  shall  also  appoint  some  suitable  graduate  or  graduates  in 
medicine  to  attend  to  such  indigent  sick  or  dependent  poor,  and  to  the  patients 
in  such  hospitals  and  poorhouses.  The  board  shall  not  let  the  care,  maintenance, 
or  attendance  of  such  indigent  sick  or  dependent  poor  by  contract  to  the  lowest 
bidder. 

6.  To  provide  a  farm,  in  connection  with  the  county  hospital,  or  poorhouse, 
and  make  regulations  for  working  the  same. 

7.  To  purchase,  receive  by  donation,  or  lease  any  real  or  personal  property 
or  water  rights  necessary  for  use  of  the  county,  and  to  purchase  or  otherwise 
acquire  necessary  real  estate  upon  which  to  sink  wells  to  obtain  water  for 
sprinkling  roads,  and  other  county  purposes,  and  to  erect  thereon  tanks  and 
reservoirs  for  the  storage  of  water  for  such  purposes,  and  to  erect  pumping 
apparatus  for  obtaining  the  same,  to  preserve,  take  care  of,  and  manage  and 
control  the  same ;  but  no  purchase  of  real  property  shall  be  made  unless  a  notice 
of  the  intention  of  the  board  to  make  such  purchase,  describing  the  property 
to  be  purchased,  the  price  to  be  paid  therefor,  from  w^hom  it  is  proposed  to  be 
purchased,  and  fixing  the  time  when  the  board  will  meet  to  consummate  such 
purchase,  has  been  published  for  at  least  three  weeks  in  some  newspaper  of 
general  circulation,  published  in  the  county;  or  if  none  be  published  in  the 
county,  then  has  been  posted  at  least  three  weeks-  prior  to  the  time  when  the 
board  meets  to  consummate  such  purchase,  in  at  least  three  public  places  in  each 
supervisor  district. 

8.  To  cause  to  be  erected  or  rebuilt,  or  furnished,  a  court-house,  jail,  hospital, 
and  such  other  public  buildings  as  may  be  necessary,  or  to  provide  suitable 
buildings  for  such  purposes.  None  of  the  aforesaid  buildings  shall  be  erected  or 
constructed  until  the  plans  and  specifications  have  been  made  therefor  and 
adopted  by  the  board.  All  such  buildings  must  be  erected  by  contract,  let  to  the 
lowest  responsible  bidder,  after  notice  by  publication  in  a  newspaper  of  general 
circulation  published  in  such  county,  for  at  least  thirty  days.  In  case  there 
is  no  newspaper  published  in  such  county,  then  such  notice  shall  be  given  by 
posting  in  three  public  places. 

9.  To  sell  at  public  auction,  at  the  court-house  door,  or  at  such  other  place 
within  the  county,  as  the  board  may,  by  a  four-fifths  vote,  order,  after  thirty 
daj^s'  notice,  given  either  by  publication  in  a  newspaper  published  in  the  county, 
or  by  posting  in  five  public  places  in  the  county,  and  convey  to  the  highest 
bidder  for  cash,  any  property  belonging  to  the  county  not  required  for  public 
use,  paying  the  proceeds  into  the  county  treasury  for  the  use  of  the  county; 
provided,  if  in  the  unanimous  judgment  of  the  board,  the  property  does  not 
exceed  in  value  the  sum  of  seventy-five  dollars,  or  if  it  be  the  product  of  the 
county  farm,  the  same  may  be  sold  at  private  sale  without  advertising  by  any 
member  of  the  board  empowered  for  that  purpose  by  a  majority  of  the  board. 


COUNTY    GOVERNMENT — GENERAL    POWERS     OP     BOARD.  187 

10.  To  examine  and  audit,  at  least  every  twelve  months,  the  accounts  of  all 
officers  having  the  care,  management,  correction,  or  disbursement  of  moneys 
belonging  to  the  county,  or  moneys  received  or  disbursed  by  them  under  author- 
ity of  law. 

11.  To  examine,  settle,  and  allow  all  accounts  legally  chargeable  against  the 
county,  except  salaries  of  officers,  and  such  demands  as  are  authorized  by  law  to 
be  allowed  by  some  other  person  or  tribunal,  and  order  warrants  to  be  drawn  on 
the  county  treasurer  therefor. 

12.  To  levy  taxes  upon  the  taxable  property  of  their  respective  counties  for 
all  county  purposes,  and  also  upon  the  taxable  property  of  any  district,  for  the 
construction  and  repair  of  roads  and  highways  and  other  district  purposes; 
provided,  that  no  tax  shall  be  levied  upon  any  district  until  the  proposition  to 
levy  the  same  has  been  submitted  to  the  qualified  electors  of  such  district,  and 
received  a  majority  of  all  the  legal  votes  cast  upon  such  proposition. 

121/^.  Whenever  there  shall  be  presented  to  the  board  of  supervisors  of  any 
county  a  petition  signed  by  the  qualified  electors  of  any  township  or  townships 
in  number  equal  to  a  majority  of  the  votes  cast  at  the  preceding  general  election, 
praying  that  said  township  or  townships  may  be  allowed  to  take  the  census  of 
said  township  or  townships  for  the  purpose  of  ascertaining  the  population 
therein  contained,  the  board  of  supervisors  shall  order  such  census  to  be  taken 
by  one  or  more  suitable  persons  appointed  therefor  by  the  board  of  supervisors, 
and  such  census  shall  be  taken  by  such  persons  so  appointed  of  all  the  inhab- 
itants of  such  township  or  townships;  the  full  name  of  each  person  shall  be 
plainly  written,  the  names  alphabetically  arranged  and  regularly  numbered  in 
one  complete  series,  and  when  completed  shall  be  verified  before  any  officer 
authorized  to  administer  oaths,  and  be  filed  with  the  county  clerk  of  the  county 
wherein  such  census  is  taken,  and  thereupon  the  same  shall  be  known  and  shall 
be  the  official  census  of  said  township  or  townships.  The  expenses  of  taking 
such  census  shall  be  a  county  charge. 

13.  Any  county  having  an  outstanding  indebtedness,  evidenced  by  bonds  or 
warrants  thereof,  may  refund  such  indebtedness  and  issue  bonds  of  the  county 
therefor,  and  any  county  may  incur  or  refund  a  bonded  indebtedness  for  any 
purposes  for  which  the  board  of  supervisors  are  herein  authorized  to  expend 
the  funds  of  said  county.  Such  indebtedness  shall  be  refunded  or  incurred  in  the 
following  manner,  to  wit:  The  board  of  supervisors  thereof  shall  by  order 
specify  the  purpose  for  which  the  indebtedness  is  to  be  incurred,  the  amount  of 
bonds  which  they  propose  to  issue,  the  rate  of  interest,  and  the  number  of  years, 
not  exceeding  forty,  the  whole  or  any  part  of  said  bonds  are  to  run,  and  shall 
further  provide  for  submitting  the  question  of  the  issue  of  said  bonds  to  the 
qualified  electors  of  the  county  at  a  special  election  to  be  called  by  the  board  for 
that  purpose,  and  the  words  to  appear  upon  the  ballot  shall  be  "Bonds — Yes," 
and  "Bonds — No,"  or  words  of  similar  import.  None  but  qualified  voters  of  the 
county  shall  be  permitted  to  vote  thereat,  and  it  shall  be  held  as  nearly  as 
practicable  in  conformity  with  the  general  election  law  of  the  state.  Notice 
shall  be  given  of  such  election  by  publication  in  one  or  more  newspapers  pub- 
lished in  the  county,  once  a  week  for  at  least  four  weeks,  or  daily  for  not  less 
than  thirty  days,  prior  to  said  election.  If  there  be  no  such  newspaper,  then  by 
posting  the  same  conspicuously  in  five  public  places  in  said  county  at  least 


198  COUNTY    GOVERNMENT — VOTING    BONDS. 

thirty  days  before  said  election.     Such  notice  must  contain  the  time  and  place 
or  places  of  holding  such  election,  the  name  of  election  officers  to  conduct  the 
same,  the  amount  and  denomination  of  the  bonds,  the  rate  of  interest  to  be  paid, 
and  the  number  of  years,  not  exceeding  forty,  the  whole  or  any  part  of  such 
bonds  are  to  run.    If  any  election  officers  so  named  in  such  notice  are  not  present 
at  the  opening  of  the  polls,  the  electors  present  may  appoint  election  officers 
to  take  the  place  of  such  election  officers  so  absent.    If  two  thirds  of  the  electors 
of  the  county  voting  at  such  election  shall  vote  in  favor  of  issuing  such  bonds, 
the  board  must  proceed  to  issue  the  amount  of  bonds  specified ;  provided,  that  the 
total  amount  of  bonded  indebtedness  shall  at  no  time  exceed  five  per  centum  of  the 
taxable  property  of  the  county,  as  shown  by  the  last  equalized  assessment  book 
thereof.    This  limitation  shall  not  apply  to  bonds  which  may  be  issued  to  refund 
an  indebtedness  existing  January  first,  eighteen  hundred  and  eighty.    The  board 
of  supervisors,  by  an  order  entered  upon  its  minutes,  shall  prescribe  the  form  of 
said  bonds,  and  of  the  interest  coupons  attached  thereto,  and  fix  the  time  when 
the  whole  or  any  part  of  the  principal  of  said  bonds  shall  be  payable,  which 
shall  not  be  more  than  forty  years  from  the  date  thereof;  and  said  board  may 
also,  at  their  option,  by  a  provision  in  such  bonds,  make  such  principal  payable 
on  or  before  a  specified  date  at  the  pleasure  of  the  county.     Said  bonds  may  be 
issued  in  denominations  not  to  exceed  one  thousand  dollars  and  not  less  than  one 
hundred  dollars;  principal  and  interest  payable  in  gold  coin  of  the  United 
States,  either  at  the  treasury  of  said  county,  or  at  such  place  as  such  board  may 
designate,  or  both  at  such  treasury  or  such  designated  place,  at  the  option  of  the 
bondholder.      Interest   on   said    bonds   shall    not    exceed   six    per   centum    per 
annum,  payable  annually  or  semiannually,  as  said  board  may  designate.     Said 
bonds  shall  be  signed  by  the  chairman  of  the  board  of  supervisors,  and  attested 
by  the  auditor  of  said  county,  and  have  the  seal  of  the  board  of  supervisors 
attached,  and  said  coupons  shall  be  signed  by  said  auditor  by  original  or  litho- 
graphed facsimile  signature;  and  said  bonds  shall  be  sold  in  the  manner  pre- 
scribed by  said  board  of  supervisors,  but  for  not  less  than  par.     The  board  of 
supervisors,  before  or  at  the  time  of  incurring  the  indebtedness  of  any  bonds 
issued  under  the  provisions  of  this  act,  and  annually  thereafter  until  all  of 
said  bonds  are  paid  and  canceled,  must  levy  a  tax  for  that  year  upon  the  taxable 
property  of  said  county  for  the  interest  and  redemption  of  said  bonds,  and  such 
tax  must  not  be  less  than  sufficient  to  pay  the  interest  on  said  bonds  for  that 
year,  and  such  portion  of  the  principal,  if  any,  as  is  to  become  due  during  such 
year,  and  in  any  event  must  be  sufficient  to  raise  annually  for  the  first  half  of 
the  term  said  bonds  have  to  run,  a  sufficient  sum  to  pay  the  interest  thereon; 
and  during  the  balance  of  the  term  sufficient  to  pay  such  annual  interest,  and 
to  provide  annually  a  proportion  of  the  principal  of  said  bonds  equal  to  a  sum 
produced  by  taking  the  whole  amount  of  said  bonds  outstanding  and  dividing  it 
by  the  number  of  years  said  bonds  then  have  to  run.    And  the  board  of  super- 
visors, before  or  at  the  time  of  issuing  said  bonds  by  ordinance  shall  provide 
for  the  levy  of  an  annual  tax  sufficient  to  effect  the  objects  of  this  provision, 
and  to  provide  for  the  payment  of  the  interest  on  said  bonds  as  it  becomes  due, 
and  also  sufficient  to  constitute  a  sinking  fund  to  pay  the  principal  of  such 
indebtedness  at  or  before  maturity.    Such  tax  when  collected,  shall  be  paid  into 
the  treasury  of  the  county,  and  used  solely  to  pay  the  interest  and  principal 
of  said  bonds  as  they  respectively  become  due. 


COUNTY  GOVERNMENT— FORM  OF  UOND.  !»!* 

The  revenue  derived  from  the  sale  of  said  bonds  shall  be  applied  to  the  pur- 
pose specified  in  the  order  of  the  board,  and  no  other.  Should  there  be  any 
surplus,  it  shall  be  applied  toward  the  payment  of  said  bonds.  The  board  of 
supervisors  of  any  county  can  contract  a  bonded  indebtedness  for  county  pur- 
poses only  as  herein  provided. 

In  issuing  bonds  under  this  act,  the  board  of  supervisors  may,  at  its  option, 
use  the  following  form  of  bond  and  coupon : 

United  States  of  America, 

No.  .  County  of ,  $ . 

State  of  California. 

The  county  of ,  state  of  California,  hereby  acknowledges  itself  indebted 

and  promises  to  pay  the  bearer  hereof,  on  the  first  day  of ^— ,  one  thousand 

(herein  insert,  if  the  board  of  supervisors  elect  to  make  the  bond  payable 
on  a  certain  date,  or  before  that  date,  at  the  pleasure  of  the  county,  the  words 
"or  at  any  time  before  that  date,  at  the  pleasure  of  the  county"),  with  interest 

thereon,  in  like  gold  coin,  at  the  rate  of per  centum  per  annum  payable 

^* semi-annually  (or  annually)  on  the  first  day  of  and  

(or  on  the  first  day  of ,  if  interest  payable  annually)  on  presentation  and 

surrender  of  the  interest  coupon  hereto  attached. 

This  bond  is  issued  by  the  board  of  supervisors  of  the  county  of  , 

state  of  California,  in  strict  compliance  with  an  act  of  the  legislature  entitled 
"An  act  to  establish  a  uniform  system  of  county  and  township  governments  " 

approved  the day  of ,  189-  and  in  pursuance  of  an  order  of  said 

board  duly  made  on  the day  of ,  18 ,  and  with  the  assent  of 

two  thirds  of  the  qualified  electors  of  said  county,  voting  at  an  election  leo-ally 

called  and  duly  held  for  that  purpose  on  the day  of ,  18 ^T 

And  it  is  hereby  certified  and  recited  that  the  bonded  indebtedne.ss  of  said 
county,  including  this  bond,  does  not  exceed  five  per  centum  of  the  taxable 
property  thereof,  as  shown  by  the  last  equalized  assessment  of  said  county  and 
that  provision  has  been  made  for  the  collection  of  an  annual  tax  sufficient  to 
pay  the  interest  on  this  indebtedness  as  it  falls  due,  and  also  sufficient  to  con- 
stitute a  sinking  fund  for  the  payment  of  said  indebtedness  at  or  before 
maturity. 

In  witness  whereof  the  said  county,  by  its  board  of  supervisors,  has  caused 
this  bond  to  be  signed  by  the  chairman  of  said  board,  and  attested  by  the 
auditor  thereof,  and  the  seal  of  the  board  of  supervisors  hereto  attached  this 
day  of  ,  one  thousand  . 


Attest  • '        Chairman  Board  of  Supervisors. 

y 

County  Auditor. 
And  the  interest  coupon  may  be  in  the  following  form : 

"The  county  of ,  state  of  California,  hereby  promises  to  pay  the  holder 

hereof,  on  the day  of ,  one  thousand ,  at ,  in 

^ United  States  gold  coin,  for  interest  on  its  county  bond  No. . 


■County  Auditor. 


200  COUNTY    GOVERNMENT — GENERAL    POWERS    OF    BOARD. 

If  the  board  of  supervisors  of  any  county  which  has  issued  bonds  under  the 
provisions  of  this  act  shall  fail  to  make  the  levy  necessary  to  pay  such  bonds  or 
interest  coupons  at  maturity,  and  the  same  shall  have  been  presented  to  the 
county  treasurer  and  the  payment  thereof  refused,  the  owner  may  file  the 
bond,  together  with  all  unpaid  coupons  with  the  state  controller,  taking  his 
receipt  therefor,  and  the  same  shall  be  registered  in  the  state  controller's  office; 
and  the  state  board  of  equalization  shall,  at  their  next  session,  and  at  each 
annual  equalization  thereafter,  add  to  the  state  tax  to  be  levied  in  said  county, 
a  sufficient  rate  to  realize  the  amount  of  principal  or  interest  past  due  and  to 
become  due  prior  to  the  next  levy,  and  the  same  shall  be  levied  and  collected  as 
a  part  of  the  state  tax  and  paid  into  the  state  treasury  and  passed  to  the  special 
credit  of  such  county  as  bond  tax,  and  shall  be  paid  by  warrants,  as  the  pay- 
ments mature,  to  the  holder  of  such  registered  obligations,  as  shown  by  the 
register  in  the  office  of  the  state  controller,  until  the  same  shall  be  fully  satisfied 
and  discharged,  any  balance  then  remaining  being  passed  to  the  general  accoijnt 
and  credit  of  said  county. 

14.  To  maintain,  regulate,  and  govern  public  pounds,  fix  the  limits  within 
which  animals  shall  not  run  at  large,  and  appoint  pound-keepers,  who  shall  be 
paid  out  of  the  fines  imposed  and  collected  from  the  owners  of  impoundea 
animals,  and  from  no  other  source. 

15.  To  equalize  assessments. 

16.  To  direct  and  control  the  prosecution  and  defense  of  all  suits  to  which  the 
county  is  a  party,  and,  by  a  two-thirds  vote  of  all  the  members,  may  employ 
counsel  to  assist  the  district  attorney  in  conducting  the  same. 

17.  To  insure  the  county  buildings  and  other  property  in  the  name  of  and  for 
the  benefit  of  the  county. 

18.  To  establish  a  salary  fund,  and  such  other  county  funds  as  they  may  deem 
necessary  for  the  proper  transaction  of  the  business  of  the  county,  and  to 
transfer  moneys  from  one  fund  to  another,  as  the  public  interest  may  require. 

19.  To  fill,  by  appointment,  all  vacancies  that  may  occur  in  any  office  filled  by 
the  appointment  of  the  board  of  supervisors  and  elective  county  or  township 
officers,  except  in  those  of  judge  of  the  superior  court  and  supervisor,  the 
appointee  to  hold  office  for  the  unexpired  term  or  until  the  next  general  election. 

20.  They  may  appoint  in  each  county,  a  health  officer,  whose  duty  it  shall  be 
to  enforce  all  orders  and  ordinances  of  the  board  of  supervisors,  pertaining  to 
sanitary  matters,  and  all  orders,  quarantine  regulations,  and  rules  prescribed 
by  the  state  board  of  health,  and  all  statutes  relating  to  vital  statistics.  He  shall 
give  to  the  duties  of  his  office  such  time  and  attention  as  may  be  necessary  to 
secure  general  supervision  of  all  matters  pertaining  to  the  health  and  sanitary 
condition  of  the  county.  He  shall  be  a  graduate  of  a  medical  college  of  good 
standing  and  repute,  and  shall  hold  office  for  a  term  of  one  year,  and  receive 
for  his  services  a  compensation  not  to  exceed  six  hundred  dollars  per  annum. 

The  board  of  supervisors  shall  adopt  orders  and  ordinances  necessary  for 
the  preservation  of  the  public  health  of  the  county,  not  in  conflict  with  general 
laws,  and  provide  for  the  payment  of  all  expense  incurred  in  enforcing  the 
same. 

For  any  unincorporated  town,  when  public  necessity  requires  such  action, 
the  board  of  supervisors  may  appoint  a  special  health  officer,  who  shall,  in 


COUNTY  GOVERNMENT — GENERAL.  POWERS  OP  BOARD.  201 

such  town,  under  the  supervision  of  the  county  health  officer,  exercise  all 
necessary  diligence  in  executing  the  ordinances,  rules  and  regulations  of  the 
board  of  supervisors,  or  the  state  board  of  health,  relating  to  health  and  sani- 
tary matters.  His  term  of  office  and  compensation  shall  be  fixed  by  the  board 
of  supervisors,  and  he  shall  receive  as  his  compensation  for  services  not  to 
exceed  one  hundred  dollars  in  any  one  year, 

21.  The  board  of  supervisors  of  the  several  counties  shall  annually  advertise, 
for  at  least  ten  days  in  a  newspaper  of  general  circulation  in  the  county  (if 
there  be  a  newspaper  published  in  the  county,  otherwise  by  posting  notices  in 
three  public  places),  for  sealed  bids  for  furnishing  the  county  with  stationery, 
clothing,  bedding,  groceries,  provisions,  drugs,  medicines,  and  all  other  sup- 
plies. All  bids  shall  be  on  a  schedule,  showing  all  articles  needed  in  the  sev- 
eral offices  and  departments  prepared  by  the  clerk  of  the  board,  shall  state 
separately  the  price  of  each  article  to  be  furnished,  and  any  person  may  bid 
upon  any  article  separately. 

In  considering  such  bids,  the  board  may  accept  or  reject  all  or  any  of  them, 
or  may  accept  or  reject  a  part  of  any  such  bid,  preference  being  given,  how- 
ever, to  the  lowest  responsible  bidder.  All  supplies  furnished  the  county,  or 
any  officer  thereof,  shall  be  furnished  at  a  price  no  greater  than  is  specified  in 
the  bid  which  may  be  accepted  by  the  board. 

The  board  shall  anually  fix  the  price  at  which  the  county  shall  be  supplied 
with  job  printing  and  blank  books,  from  a  schedule  prepared  by  the  clerk  of 
the  board,  showing  all  blanks  and  blank  books  used  in  the  several  offices  and 
departments,  and  also  the  price  of  all  county  advertising;  and  each  county 
officer  shall  procure  such  blank  books,  job  printing,  and  advertising  required 
for  the  proper  discharge  of  his  official  duties,  such  printing  and  advertising 
to  be  done  by  such  person  or  newspaper  as  such  county  officer  may  designate, 
at  a  price  no  greater  than  is  so  fixed,  and  certify  the  bill  therefor  to  the  board 
of  supervisors, 

A  square  of  advertising  shall  be  two  hundred  and  thirty-four  ems  nonpareil. 
No  supplies,  printing,  stationery,  or  books,  shall  be  procured  of  any  person  or 
firm  whose  paper  has  not  been  published  or  whose  place  of  business  has  not 
been  established  in  the  county  for  one  year  or  more  prior  to  the  time  for  fixing 
said  prices, 

22.  The  board  shall  cause  to  be  published  a  semiannual  statement  of  the 
financial  condition  of  the  county,  showing,  in  detail  the  expenditures  author- 
ized during  the  preceding  six  months;  and  within  ten  days  after  each  session 
of  the  board,  a  fair  statement  of  all  their  proceedings. 

23.  To  make  and  enforce  such  rules  and  regulations  for  the  government  of 
their  body,  the  preservation  of  order,  and  the  transaction  of  business,  as  may 
be  necessary. 

24.  To  adopt  a  seal  for  the  board,  a  description  and  impression  of  which 
must  be  filed  in  the  office  of  the  county  clerk  and  of  the  secretary  of  state. 

25.  To  license,  for  purposes  of  regulation  of  revenue,  all  and  every  kind  of 
business  not  prohibited  by  law,  and  transacted  and  carried  on  in  such  county, 
and  all  shows,  exhibitions,  and  lawful  games  carried  on  therein ;  to  fix  the  rates 
of  license  tax  upon  the  same,  and  to  provide  for  the  collection  of  the  same,  by 
suit  or  otherwise ;  provided,  that  every  honorably  discharged  soldier,  sailor,  or 


303  COUNTY    GOVERNMENT — GENERAL.     POWERS     OF     BOARD. 

marine  of  the  United  States,  who  is  unable  to  obtain  a  livelihood  by  manual 
labor,  shall  have  the  right  to  hawk,  peddle,  and  vend  any  goods,  wares,  or 
merchandise  except  spirituous,  malt,  vinous,  or  other  intoxicating  liquor,  with- 
out payment  of  any  license,  tax,  or  fee  whatsoever,  whether  municipal,  county, 
or  state;  and  the  board  of  supervisors  shall  issue  to  such  soldier,  sailor,  or 
marine,  without  cost,  a  license  therefor.  The  board  may  provide  that  any  such 
license  shall  cease  upon  the  non-payment  of  such  tax,  and  any  person,  firm,  or 
corporation  transacting  or  carrying  on  such  business,  without  such  license 
whenever  prescribed,  is  guilty  of  a  misdemeanor. 

26.  To  provide  for  the  destruction  of  gophers,  squirrels,  other  wild  animals, 
noxious  weeds,  and  insects  injurious  to  fruit  or  fruit  trees,  or  vines,  or  vege- 
table or  plant  life. 

27.  To  provide  for  the  prevention  of  injuries  to  sheep  by  dogs,  and  to  tax 
dogs  and  direct  the  application  of  the  tax. 

28.  To  provide,  by  ordinances  not  in  conflict  with  the  general  laws  of  the 
state,  for  the  protection  of  fish  and  game,  and  may  shorten  the  season  for  the 
taking  or  killing  of  fish  and  game,  within  the  dates  fixed  by  the  general  state 
laws,  but  shall  not  lengthen  the  same, 

29.  To  provide  for  the  working  of  prisoners  confined  in  the  county  jail, 
under  judgment  of  conviction  of  misdemeanor,  under  the  direction  of  some 
responsible  person,  to  be  appointed  by  the  sheriff,  whose  compensation  shall 
not  exceed  one  hundred  dollars  per  month,  upon  the  public  grounds,  roads, 
streets,  alleys,  highways,  or  public  buildings,  or  in  such  other  places  as  may 
be  deemed  advisable,  for  the  benefit  of  the  county. 

30.  To  provide  for  the  burying  of  the  indigent  dead. 

31.  To  make  and  enforce,  within  the  limits  of  their  county  all  such  local 
police,  sanitary,  and  other  regulations  as  are  not  in  conflict  with  general  laws. 

32.  To  adopt  such  rules  and  regulations  within  their  respective  counties, 
with  regard  to  keeping  and  storing  of  every  description  of  gunpowder,  Her- 
cules powder,  giant  powder,  or  other  explosive  or  combustible  material,  as  the 
safety  and  protection  of  the  lives  and  property  of  individuals  may  require. 

33.  To  appropriate  from  the  general  fund  of  the  county,  unless  otherwise 
in  this  act  provided,  not  to  exceed,  in  counties  of  the  first  and  second  class, 
the  sum  of  three  thousand  dollars,  and  in  all  other  counties  the  sum  of  two 
thousand  dollars  in  any  one  year,  to  aid  in  or  carry  on  the  work  of  inducing 
immigration  thereto,  or  for  the  purpose  of  exhibiting  or  advertising  the  agri- 
cultural, mineral,  manufacturing,  or  other  resources  of  the  county. 

34.  To  enforce,  by  ordinance,  within  the  limits  of  their  counties,  all  such 
regulations  concerning  the  size  of  wagons  and  vehicles  of  all  kinds  to  be  used 
on  the  roads  or  highways,  and  the  width  of  tires  on  the  same,  as  are  not  in 
conflict  with  general  laws. 

35.  To  grant  licenses  and  franchises  for  constructing,  keeping,  and  taking 
tolls  on  roads,  bridges,  ferries,  wharves,  chutes,  booms,  and  piers,  and  to  grant 
franchises  along  and  over  the  public  roads  and  highways  for  all  laAvful  pur- 
poses, upon  such  terms  and  conditions  and  restrictions  as  in  their  judgment 
may  be  necessary  and  proper,  and  in  such  manner  as  to  present  the  least  pos- 
sible obstruction  and  inconvenience  to  the  traveling  public. 

36.  To  grant  on  such  terms,  conditions,  and  restrictions  as  in  their  judgment 


COUNTY    GOVERNMENT— GENERAL    POWDERS     OF     BOARD.  203 

may  be  necessary  ard  proper,  licenses  and  franchises  for  taking  tolls  on  public 
roads  or  highways,  whenever  in  their  judgment  the  expense  necessary  to  oper- 
ate or  maintain  such  public  roaus  or  highways  as  free  public  highways  is  too 
great  to  justify  the  county  in  so  operating  or  maintaining  them.  It  shall  always 
be  a  condition  attached  to  the  granting  of  such  licenses  and  franchises,  that 
such  roads  or  highways  shall  be  kept  in  reasonable  repair  by  the  person  or 
persons  to  whom  such  licenses  or  franchises  may  be  granted. 

37.  To  enact  ordinances,  and  regulations  for  the  construction,  alteration, 
repair,  and  control  of  all  public  roads  and  highways  in  the  county,  unless  other- 
wise provided  by  law. 

38.  To  levy  a  special  road  fund  tax,  not  to  exceed  two  (2)  mills  on  the  one 
dollar  of  assessed  valuation,  on  all  the  property  in  such  counties,  outside  of 
any  incorporated  city  or  town.  Such  tax  shall  be  in  addition  to  all  taxes 
otherwise  provided  for,  and  the  fund  so  created  shall  be  expended  for  the 
construction  and  maintenance  of  the  main  public  roads  or  county  highways  in 
the  several  road  districts,  in  proportion  to  the  amount  collected  from  such 
districts. 

39.  To  encourage  under  such  regulations  as  they  may  adopt,  the  planting 
and  preservation  of  shade  and  ornamental  trees  on  the  public  roads  and  high- 
ways, and  on  and  about  the  public  grounds  and  buildings  of  the  county,  and 
pay  to  persons  planting  and  cultivating  the  same,  for  every  living  tree  thus 
planted  at  the  age  of  four  years,  a  sum  not  exceeding  one  dollar. 

40.  To  do  and  perform  all  other  acts  and  things,  required  by  law  not  in  this 
act  enumerated,  or  which  may  be  necessary  to  the  full  discharge  of  the  duties 
of  the  legislative  authority  of  the  county  government. 

41.  To  provide  by  ordinance  for  the  organization  and  government  of  dis- 
tricts, to  protect  and  preserve  the  banks  of  rivers  and  streams  and  lands  lying 
contiguous  thereto  from  injury  by  overflow  or  the  washing  thereof,  and  to  pro- 
vide for  the  improvements  of  said  rivers  and  streams,  and  prevent  the  obstruc- 
tion thereof,  and  to  provide  for  the  assessment,  levy,  and  collections  within 
such  districts  of  a  tax  therefor. 

§  251/^.  [Seems  to  have  been  incorrectly  numbered.]  The  board  of  super- 
visors shall  adopt  orders  and  enact  ordinances  necessary  for  the  preservation 
of  the  health  of  domestic  live  stock,  which  orders  and  ordinances  shall  not  be 
in  conflict  with  state  or  federal  laws,  and  the  said  board  of  supervisors  shall 
provide  for  the  payment  of  all  expenses  incurred  in  enforcing  the  same,  which 
expenses  shall  be  a  county  charge  and  payable  in  the  same  manner  and  out  of 
the  same  funds  as  other  county  charges  are  paid.  [New  section  added,  Stats. 
1905,  722.] 

§  2514.  The  boards  of  supervisors  shall  also  have  jurisdiction  and  power  in 
their  respective  counties  to  acquire  and  take  by  purchase,  condemnation,  or 
otherwise,  land  for  the  uses  and  purposes  of  public  boulevards;  to  lay  out, 
establish  and  improve  public  boulevards  and  to  incur  a  bonded  indebtedness 
for  any  of  such  purposes ;  provided,  that  no  such  indebtedness  shall  be  incurred 
for  any  of  such  purposes  until  after  the  question  of  the  issue  of  bonds  therefor 
shall  have  been  submitted  to  the  qualified  electors  of  the  county,  at  a  special 
election  called  for  that  purpose  and  two  thirds  of  the  electors  of  the  county 
voting  at  such  election  shall  have  voted  in  favor  of  issuing  such  bonds;  said 


204  COUNTY  GOVERNMENT — GENERAL  PO\^'ERS  OF  BOARD. 

election  to  be  called  and  held,  and  said  bonds,  if  authorized,  to  be  issued,  sold 
and  made  payable  in  the  manner  and  form  prescribed  by  subdivision  thirteen 
of  section  twenty-five  of  this  act.  Said  boards  shall  also  have  power  to  main- 
tain public  boulevards,  established  and  laid  out  under  the  provisions  of  this 
act,  and  to  make  and  enforce  rules  and  regulations  for  the  protection,  man- 
agement, control  and  use  of  such  boulevards.  [New  section  added  March  16, 
1903,  Stats.  1903,  p.  160.    In  effect  immediately.] 

§  26.     The  enacting  clause  of  all  ordinances  of  the  board  shall  be  as  follows : 

''The  board  of  supervisors  of  the  county  of  do  ordain  as  follows." 

Every  ordinance  shall  be  signed  by  the  chairman  of  the  board  and  attested  by 
the  clerk.  On  the  passage  of  all  ordinances  the  votes  of  the  several  members 
of  the  board  shall  be  entered  on  the  minutes,  and  all  ordinances  shall  be 
entered  at  length  in  the  ** ordinance  book."  No  ordinance  passed  by  the  board 
shall  take  effect  within  less  than  fifteen  days  after  its  passage,  and  before  the 
expiration  of  the  said  fifteen  days  the  same  shall  be  published,  with  the  names 
of  the  members  voting  for  and  against  the  same,  for  at  least  one  week,  in  some 
newspaper  published  in  the  count.y  if  there  be  one,  and  if  there  be  none  pub- 
lished in  the  county,  then  such  ordinance  shall  be  posted  at  the  court-house  door 
at  least  one  week.  An  order  entered  in  the  minutes  of  the  board  that  such 
ordinance  has  been  duly  published  or  posted  shall  be  prima  facie  proof  of  such 
publication  or  posting. 

§  27.  The  board  of  supervisors  shall  have  power  to  direct  the  sheriff  to 
attend,  in  person  or  by  deputy,  all  the  meetings  of  the  board,  to  preserve  order, 
serve  notices,  subpoenas,  citations,  or  other  process,  as  directed  by  the  board. 

§  28.  "Whenever  the  board  of  supervisors  of  any  county  shall  deem  it  neces- 
sary or  important  to  examine  any  person  as  a  witness  upon  any  subject  or 
matter  within  the  jurisdiction  of  such  board,  or  to  examine  any  officer  of  the 
county  in  relation  to  the  discharge  of  his  official  duties,  as  to  the  receipt  or 
disposition  by  him  of  any  moneys,  or  concerning  the  possession  or  disbursement 
by  him  of  any  property  belonging  to  the  county,  or  to  use,  inspect,  or  examine 
any  books,  account,  voucher,  or  document  in  the  possession  of  such  officer  or 
other  person,  or  under  his  control,  relating  to  fhe  affairs  or  interests  of  such 
county,  the  chairman  of  such  board  shall  issue  a  subpoena,  in  proper  form,  com- 
manding such  person  or  officer  to  appear  before  such  board,  at  a  time  and 
place  therein  specified,  to  be  examined  as  a  witness;  and  such  subpoena  may 
require  such  person  or  officer  to  produce  on  such  examination  all  books,  papers, 
and  documents  in  his  possession  or  under  his  control,  relating  to  the  affairs 
or  interests  of  the  county. 

§  29.  It  shall  be  the  duty  of  the  sheriff  of  the  county  to  whom  the  subpoena 
is  delivered,  to  serve  the  same  by  reading  it  to  the  person  named  therein,  and 
at  the  same  time  to  deliver  to  him  a  copy  thereof,  and  his  official  return  thereon, 
of  the  time  and  place  of  such  service,  shall  be  prima  facie  evidence  thereof. 

§  30.  "Whenever  the  board  of  supervisors  shall  appoint  any  members  of 
their  body  a  committee  upon  any  subject  or  matter  of  which  the  board  has 
jurisdiction,  and  has  conferred  upon  such  committee  power  to  send  for  persons 
and  papers,  the  chairman  of  such  committee  shall  possess  all  the  powers  and 


COUNTY  GOVERNMENT — GENERAL.  POWERS  OF  BOARD.  305 

be  liable  to  all  the  duties  herein  given  to  and  imposed  upon  the  chairman  of  the 
board  of  supervisors. 

§  31.  Whenever  any  person  duly  subpoenaed  to  appear  and  give  evidence, 
or  to  produce  any  books  and  papers,  as  herein  provided,  shall  neglect  or  refuse 
to  appear,  or  to  produce  such  books  and  papers,  as  required  by  such  subpoena, 
or  shall  refuse  to  testify  before  such  board  or  committee,  or  to  answer  any 
questions  which  a  majority  thereof  shall  decide  to  be  proper  and  pertinent,  he 
shall  be  deemed  in  contempt,  and  it  shall  be  the  duty  of  the  chairman  of  the 
board,  or  of  the  committee,  as  the  case  may  be,  to  report  the  fact  to  the  judge 
of  the  superior  court  of  the  county,  or  of  the  city  and  county,  who  shall  there- 
upon issue  an  attachment  in  the  form  usual  in  the  court  of  which  he  shall  be 
judge,  directed  to  the  sheriff  of  the  county  where  such  witness  was  required 
to  appear  and  testify,  commanding  the  said  sheriff  to  attach  such  person,  and 
forthwith  bring  him  before  the  judge  by  whose  order  such  attachment  was 
issued. 

§  32.  On  the  return  of  the  attachment  and  the  production  of  the  body  of  the 
defendant,  the  said  judge  shall  have  jurisdiction  of  the  matter,  and  the  person 
charged  may  purge  himself  of  the  contempt  in  the  same  way,  and  the  same 
proceedings  shall  be  had,  and  the  same  penalties  may  be  imposed,  and  the  same 
punishment  inflicted  as  in  case  of  a  witness  subpoenaed  to  appear  and  give  evi- 
dence on  the  trial  of  a  civil  cause  before  a  superior  court. 

§  33.  The  witnesses  summoned  to  testify  on  behalf  of  the  county  in  matters 
of  public  concern  before  the  board  of  supervisors  are  not  entitled  to  have 
their  fees  prepaid;  but  the  board  must  allow  them  the  reasonable  expenses 
of  their  attendance. 

§  33^.  To  appropriate  from  the  general  fund  of  the  county,  unless  other- 
wise provided,  not  exceeding  in  counties  of  the  first  and  second  class  the  sum 
of  twenty  thousand  dollars,  and  in  all  other  counties  not  exceeding  the  sum 
of  ten  thousand  dollars  in  any  one  year,  to  aid  in  and  carry  on  the  work  of  the 
preservation  of  forests  upon  public  lands,  the  reforestration  of  forests  upon 
public  lands,  and  the  protection  of  forests  upon  public  lands  from  fire.  [New 
section  added,  Stats.  1905,  394.] 

§  34.  The  board  must  provide  printed  copies  of  the  great  register,  poll-lists, 
poll-books,  blank  returns  and  certificates,  proclamations  of  elections,  and  other 
appropriate  and  necessary  appliances  for  holding  all  elections  in  the  county, 
and  allow  reasonable  charges  therefor,  and  for  the  transmission  and  return  of 
the  same  to  the  proper  officers. 

§  35.  Whenever,  as  canvassers,  the  board  of  supervisors  have  declared  the 
result  of  an  election  held  in  the  county,  certificates  must  be,  by  the  county 
clerk,  issued  to  all  persons  elected  to  a  county,  township,  or  district  office 
therein,  and  such  other  certificates  must  be  made  out  and  transmitted  as 
required  by  law. 

§  36.  The  board  must  not,  for  any  purpose,  contract  debts  or  liabilities,  in 
any  manner  or  for  any  purpose,  which  exceed  in  any  fiscal  year  the  income  and 
revenue  provided  for  such  year,  except  as  permitted  by  the  constitution.  It 
shall  be  the  duty  of  the  auditor,  at  the  commencement  of  each  regular  session 
of  the  board,  to  lay  before  it  a  statement  prepared  by  him  of  the  aggregate 


206  COUNTY    GOVERNMENT — CONTRACTING    DEBTS. 

amount  of  allowance  against  each  fund,  and  of  salaries  and  liabilities  fixed  by 
law,  paid  or  payable  therefrom  since  the  beginning  of  the  fiscal  year,  together 
with  a  statement  of  receipts  of  each  fund  for  that  portion  of  the  year  already 
elapsed,  and  an  exact  estimate  of  the  revenue  for  the  remainder  of  the  year 
apportioned  to  the  different  funds,  based  upon  the  receipts  for  the  correspond- 
ing portion  of  the  preceding  year.  Whenever  the  board  shall  have  levied  the 
state  and  county  tax  for  the  fiscal  year,  the  auditor's  estimates  for  the 
remainder  of  the  year  shall,  as  to  receipts  from  property  tax,  be  based  upon 
the  assessment  roll  and  tax  levy,  deducting  ten  per  centum  for  the  anticipated 
delinquencies.  Up  to  and  including  the  first  day  of  January  in  each  fiscal  year 
the  board  shall  have  no  power  for  any  purpose  to  contract  debts  or  liabilities 
in  any  manner  or  for  any  purpose  nor  to  make  any  allowances  against  any 
funds,  which  with  all  the  debts  and  liabilities  previously  incurred  and  with  all 
allowances  previously  made,  and  salaries  and  liabilities  fixed  by  law  payable 
therefrom,  shall  exceed  seventy  per  centum  of  the  auditor's  estimate  of  revenue 
for  the  year,  except  to  build  or  repair  roads  and  bridges  which  have  been 
destroyed  or  made  impassable  by  flood  or  fire.  Any  debts  or  liabilities  con- 
tracted in  any  manner  or  for  any  purpose  and  any  allowances  made  contrary 
to  the  provisions  of  this  section  shall  be  null  and  void  and  the  auditor  shall  not 
draw  his  warrant  therefor  nor  the  treasurer  pay  the  same.  When  several 
allowances  are  made  on  the  same  day,  they  shall  be  deemed  to  have  been  in  the 
order  in  which  they  are  entered  in  the  "allowance  book,"  and  shall  be  certified 
in  that  order  by  the  auditor.     [Amendment,  Stats.  1903,  402.] 

§  37.  Whenever  the  board  of  supervisors  shall  adopt  plans  and  specifica- 
tions for  the  erection,  alteration,  construction,  or  repair  of  any  public  building, 
bridge,  or  other  public  structure,  such  plans  and  specifications  shall  not  be 
altered  or  changed  in  any  manner  whereby  the  cost  of  such  building,  bridge, 
or  structure  shall  be  increased,  except  by  a  vote  of  two  thirds  of  their  number. 

§  38.  Whenever  the  board  of  supervisors  shall  enter  into  a  contract  for  the 
erection,  construction,  alteration,  or  repair  of  any  public  building,  bridge,  or 
other  structure,  such  contract  shall  not  be  altered  or  changed  in  any  manner, 
unless  they  shall,  by  a  vote  of  two  thirds  of  their  number,  and  with  the  consent 
of  the  contractor,  first  so  order.  And  whenever  any  such  change  or  alteration 
is  so  ordered,  the  particular  change  or  alteration  shall  be  specified,  in  writing, 
and  the  cost  thereof  agreed  upon  between  the  board  and  the  contractor.  In  no 
case  shall  the  board  pay  or  become  liable  to  pay  for  any  extra  work  done  on, 
or  extra  material  furnished  for,  such  building  or  structure. 

§  39.  No  county  officer  shall,  except  for  his  own  service,  present  any  claim, 
account,  or  demand  for  allowance  against  the  county,  or  in  any  way  except  in 
the  discharge  of  his  official  duty  advocate  the  relief  asked  in  the  claim  or 
demand  made  by  any  other.  Any  person  may  appear  before  the  board  and 
oppose  the  allowance  of  any  claim  or  demand  made  against  the  county. 

§  40.  The  board  of  supervisors  must  not  hear  or  consider  any  claim  in  favor 
of  any  public  officer,  person,  corporation,  company,  or  association  against  the 
county,  nor  shall  the  board  credit  or  allow  any  claim  or  bill  against  the  county 
or  district  fund,  unless  the  same  be  itemized,  giving  names,  dates  and  particu- 
lar services  rendered,  character  of  process  served,  upon  whom,  distance  trav- 


COUNTY     GOVERNMENT— FORM     OF     ACCOUNT     KEPT. 


207 


cled,  where  and  when,  character  of  work  done,  number  of  days  engaged, 
supplies  or  materials  furnished,  to  whom,  and  quantity  and  price  paid  therefor, 
duly  verified  to  be  correct,  and  that  the  amount  claimed  is  justly  due,  and  is 
presented  and  filed  with  the  clerk  of  the  board  within  a  year  after  the  last 
item  of  the  account  or  claim  accrued.  If,  in  case  of  any  claim  which  requires 
itemizing,  the  board  do  not  hear  or  consider  the  same  because  it  is  not  itemized, 
they  shall  cause  notice  to  be  given  to  the  claimant  or  his  attorney  of  that  fact, 
and  give  time  to  have  the  claim  itemized  and  reverified. 

§  41.  No  account  shall  be  passed  upon  by  the  board,  unless  made  out  as 
prescribed  in  this  and  the  preceding  section  and  filed  with  the  clerk  three  days 
prior  to  the  time  of  the  meeting  of  the  board  at  which  it  is  asked  to  be  allowed. 

Such  demand  shall  be  made  out  in  form  substantially  as  follows : 

Clerk's  memorandum,  No. .    Fund. 

Demand  of  ,  dated  ,  in  sum  of  $ ,  for  ,     Allowed  by  the 

board  of  supervisors ,  18 — ,  in  the  sum  of  $ . 

Attest : ,  Clerk  of  Board. 


Demand  of 
No. .  - 


Fund 


-.    Demand  on  the  treasury  of  the  county  of 
state  of  California,  for  the  sum  of dollars,  being  for . 


Date. 


Items. 


Dollars. 


Cents. 


Expenditures  authorized  and  approved  by  me. 

State  of  California,        ) 

'-  ss. 
County  of \ 

The  undersigned  being  duly  sworn,  says :  That  the  above  claim  and  the  items 

as  therein  set  out  are  true  and  correct ;  that  no  part  thereof  has  been  heretofore 

paid,  and  that  the  amount  therein  is  justly  due  this  claimant,  and  that  the  same 

is  presented  within  one  year  after  the  last  item  thereof  has  accrued. 


Subscribed  and  sworn  to  before  me  this day  of 


-,  County  Clerk. 


Allowed  by  Board  of  Supervisors, ,  18 — ,  in  sum  of  $ ,  payable  out 

of Fund. 

Attest : ,  Clerk  of  Board  of  Supervisors. 

Countersigned :  ,  Chairman  Board  of  Supervisors. 

Warrant  No. . 

Allowed ,  18 — ,  for  the  sum  of  $ ,  payable  out  of Fund. 

,  County  Auditor. 

No. .    Registered ,  189 — . 

,  County  Treasurer. 


208  COUKTY    GOVERNMENT — ALLOWING    AND     REFUSING     CLAIMS. 

Said  demand  shall  be  approved  before  filing  by  the  officer  who  directed  such 
expenditure.  If  said  demand  be  allowed  by  the  board,  the  clerk  of  the  board 
shall  detach  and  file  the  memorandum,  and  shall  indorse  on  such  demand 
"Allowed  by  the  board  of  supervisors,"  together  with  the  date  of  such  allow- 
ance, the  amount  of  such  allowance  and  from  what  fund ;  shall  attest  the  same 
with  his  signature,  and,  when  countersigned  by  the  chairman,  shall  transmit  the 
same  to  the  auditor,  who  shall,  in  case  he  allows  said  demand,  indorse  upon  it 
"Allowed,"  together  with  the  amount  for  which  it  is  allowed,  from  what  fund, 
date  and  number  of  the  warrant,  and  shall,  in  attestation  thereof,  affix  his 
signature  thereto  and  deliver  the  same  to  the  claimant ;  and  said  demand,  when 
so  allowed  and  signed  by  the  auditor,  shall  constitute  the  warrant  on  the  treas- 
ury, within  the  meaning  of  this  act. 

§  42.  When  the  board  find  that  any  claim  presented  is  not  payable  by  the 
county,  or  is  not  a  proper  county  charge,  it  must  be  rejected;  and  said  rejection 
shall  be  plainly  indorsed  on  said  claim ;  if  they  find  it  to  be  a  proper  county 
charge,  but  greater  in  amount  than  is  justly  due,  the  board  may  allow  the  claim 
in  part,  and  draw  a  warrant  for  the  portion  allowed,  on  the  claimant  filing  a 
receipt  in  full  for  his  account.  If  the  claimant  is  unwilling  to  receive  such 
amount  in  full  payment,  the  claim  may  again  be  considered  at  the  next  regular 
session  of  the  board,  but  not  afterward. 

§  43.  If  the  board  refuse,  or  neglect  to  allow  or  reject  a  claim  or  demand  for 
ninety  days,  after  the  same  has  been  filed  with  the  clerk,  such  refusal  or  neglect 
may,  at  the  option  of  the  claimant,  be  deemed  equivalent  to  final  action  and 
rejection  on  the  ninetieth  day,  and  a  claimant  dissatisfied  with  the  rejection  of 
his  claim  or  demand,  or  with  the  amount  allowed  him  on  his  account,  may  sue 
the  county  therefor  at  any  time  within  six  months  after  the  final  action  of  the 
board,  but  not  afterward,  and  if,  in  such  action,  judgment  is  recovered  for 
more  than  the  board  allowed,  on  presentation  of  a  certified  copy  of  the  judg- 
ment, the  board  must  allow  and  pay  the  same,  together  with  the  costs 
adjudged ;  but  if  no  more  is  recovered  than  the  board  allowed,  the  board  must 
pay  the  claimant  no  more  than  was  originally  allowed. 

§  44.  Warrants  drawn  by  order  of  the  supervisors  on  the  county  treasury 
lor  the  current  expenses  during  each  year,  must  specify  the  liability  for  which 
Ihey  are  drawn,  and  when  they  accrued,  and  must  be  paid  in  the  order  of  the 
presentation  to  the  treasurer.  If  the  fund  is  insufficient  to  pay  any  warrant,  it 
must  be  registered,  and  thereafter  paid  in  the  order  of  registration. 

§  45.  No  member  of  the  board  must  be  interested,  directly  or  indirectly,  in 
any  property  purchased  for  the  use  of  the  county,  nor  in  any  purchase  or  sale 
of  property  belonging  to  the  county,  nor  in  any  contract  made  by  the  board,  or 
other  person,  on  behalf  of  the  county,  for  the  erection  of  public  buildings,  the 
opening  or  improvement  of  roads,  or  the  building  of  bridges,  or  for  any  pur- 
pose, or  act  as  a  member  of  a  committee  or  board  of  reviewers. 

§  46.  Whenever  an  application  is  made  to  the  board  for  an  order,  franchise 
or  license  relating  to  any  toll  road,  bridge,  ferry,  wharf,  chute,  pier  or  other 
subject  over  which  the  board  has  jurisdiction,  in  which  a  majority  of  the  board 
are  interested,  the  application,  by  order  of  the  board,  must  be  transferred  to 
the  superior  court  of  the  county.    The  clerk  of  the  board  must  thereupon  certify 


COUNTY    GOVERNMENT — PRESENTATION     OF    CLAIMS.  209 

the  application,  and  all  orders  and  papers  relating  thereto,  to  said  superior 
court,  and  thereafter  the  said  superior  court  shall  have  full  jurisdiction  to  hear 
and  determine  the  application, 

§  47.  All  public  notices  of  proceedings  of  or  to  be  had  before  the  board,  not 
otherwise  specially  provided  for,  must  be  posted  at  the  court-house  door,  and 
two  other  public  places  in  the  county. 

§  48.  The  board  must  require  the  assessor  to  report  to  the  state  board  of 
equalization,  annually,  a  true  statement  of  the  agricultural  and  industrial  pur- 
suits and  products  of  the  county,  with  such  other  statistical  information  as 
they  may  direct. 

§  49.  All  claims  against  the  county,  presented  by  members  of  the  board  of 
supervisors  for  per  diem  and  mileage,  or  other  service  rendered  by  them,  must 
be  itemized  and  verified  as  other  claims,  and  must  state  that  the  service  has 
been  actually  rendered,  and  before  allowance  such  claims  must  be  presented  to 
the  district  attorney,  who  must  indorse  thereon,  in  writing,  his  opinion  as  to 
the  legality  thereof.  If  the  district  attorney  declare  the  claim,  or  any  part 
thereof,  illegal,  he  must  state  specifically  wherein  it  is  illegal,  and  the  claim, 
or  such  part,  must  then  be  rejected  by  said  board. 

§  50.  The  board  must  have  prepared  by  the  clerk,  and  when  he  is  not  also 
auditor,  then  by  that  officer,  and  under  their  direction,  prior  to  their  annual 
meeting  for  levying  taxes,  a  statement  showing : 

1.  The  indebtedness  of  the  county,  funded  and  floating,  stating  the  amount 
of  each  class,  and  the  rate  of  interest  borne  by  such  indebtedness,  or  any  part 
thereof. 

2.  A  concise  description  of  all  property  owned  by  the  county,  with  an 
approximate  estimate  of  the  value  thereof,  and  the  amount  of  cash  in  the 
county  treasury  and  its  several  funds. 

§  51.  The  board  must  receive  from  the  United  States,  or  other  sources,  lands 
and  other  property  granted  or  donated  to  the  county  for  the  purpose  of  aiding 
in  the  erection  of  county  buildings,  roads,  bridges  or  other  specific  purposes, 
and  may  use  the  same  therefor,  and  may  provide  for  the  sale  of  the  same,  and 
The  application  of  the  proceeds  thereof. 

§  52.  The  board  may  provide  for  widening,  deepening,  straightening,  re- 
moving obstructions  from  and  otherwise  improving  all  streams  and  washes 
\vithin  the  county  and  also  protecting  the  banks  and  adjacent  lands  from  over- 
flow of  such  streams  or  washes,  when  the  same  are  not  declared  by  law  to  be, 
and  in  fact  are  not,  navigable  for  commercial  purposes,  the  overflow  of  which 
interferes  with  highways ;  and  provide  regulations  for  the  use,  repair,  and  con- 
trol thereof ;  but  no  regulations  of  the  board,  nor  improvements  directed,  must 
in  any  manner  interfere  with  the  private  rights  or  privileges  of  riparian  own- 
ers, miners  or  others.  Whenever,  in  the  opinion  of  the  board  of  supervisors, 
the  general  fund  is  insufficient  to  defray  the  cost  of  the  improvements  provided 
for  under  this  section,  they  may  levy  a  tax  or  contract  a  bonded  indebtedness 
therefor  in  the  manner  provided  by  this  act. 

§  53.  Any  supervisor  who  refuses  or  neglects  to  perform  any  duty  imposed 
on  him,  without  just  cause  therefor,  or  who  wilfully  violates  any  law  provided 
for  his  government  as  such  officer,  or  fraudulently  or  corruptly  performs  any 

Gen.   Laws — 14 


210  COUNTY    GOVERNMENT — ELIGIBILITY    TO     OFFICES. 

duty  imposed  on  him,  or  wilfully,  fraudulently  or  corruptly  attempts  to  per- 
form an  act,  as  supervisor,  unauthorized  by  law,  in  addition  to  the  penalty 
provided  in  the  Penal  Code,  forfeits  to  the  county  five  hundred  dollars  for 
every  such  act,  to  be  recovered  on  his  official  bond,  and  is  further  liable  on  his 
official  bond,  to  any  person  injured  thereby,  for  all  damages  sustained. 

§  54.  No  person  is  eligible  to  a  county,  district,  or  township  office,  who,  at 
the  time  of  his  election,  is  not  of  the  age  of  twenty-one  years,  a  citizen  of  the 
state,  and  an  elector  of  the  county,  district,  or  township  in  which  the  duties  of 
the  office  are  to  be  exercised;  provided,  that  any  woman  who  is  of  the  age  of 
twenty-one  years,  a  citizen  of  the  state,  and  a  resident  of  the  county  or  district, 
shall  be  eligible  to  the  office  of  superintendent  of  public  schools,  school  trustee, 
or  member  of  the  county  board  of  education;  and  provided  further,  that  no 
person  shall  hereafter  be  eligible  to  the  office  of  district  attorney  who  has  not 
been  admitted  to  practice  in  the  supreme  court  of  the  state  of  California ;  and 
provided  further,  that  the  county  live-stock  inspector  shall,  at  the  time  of  his 
appointment,  be  a  duly  qualified  veterinary  surgeon  having  on  file  in  the  office 
of  the  county  clerk  a  certificate  issued  to  him  by  the  state  veterinary  medical 
board.     [Amendment,  Stats.  1905,  721.] 

§  55.  The  officers  of  a  county  are  a  sheriff,  a  county  clerk,  an  auditor,  a 
recorder,  a  license  collector,  a  tax  collector,  who  shall  be  ex  officio  license  col- 
lector, a  district  attorney,  an  assessor,  a  treasurer,  a  superintendent  of  schools, 
a  public  administrator,  a  coroner,  a  surveyor,  the  members  of  the  board  of 
supervisors,  a  live-stock  inspector,  and  such  other  officers  as  may  be  provided 
by  law.  In  counties  where  the  board  of  supervisors  by  proper  ordinance  so 
elect,  except  as  otherwise  provided  in  this  act,  the  duties  of  certain  of  the 
above-mentioned  officers  are  hereby  consolidated,  as  follows:  sheriff'  and  tax 
collector;  auditor  and  recorder;  county  clerk,  auditor  and  recorder;  county 
clerk  and  recorder;  county  clerk  and  auditor;  treasurer  and  tax  collector; 
assessor  and  tax  collector;  public  administrator  and  coroner.  In  counties 
where  the  duties  of  said  officers  have  been,  or  may  hereafter  be,  consolidated  in 
either  manner  above  designated,  the  board  of  supervisors  thereof,  by  proper 
ordinance,  may  elect  to  separate  the  duties  so  consolidated,  and  reconsolidate 
them  in  any  other  manner  above  provided,  or  may  separate  said  duties  without 
reconsolidation,  and  provide  that  the  duties  of  each  office  shall  be  performed 
by  a  separate  person,  whenever,  in  their  discretion,  the  public  interest  will  be 
best  subserved  thereby.  When  offices  are  united  and  consolidated,  the  person 
elected  to  fill  the  offices  so  united  and  consolidated  must  take  the  oath  and  give 
the  bond  required  for  each,  discharge  all  the  duties  pertaining  to  each,  and 
receive  the  compensation  of  the  offices  consolidated.  [Amendment,  Stats.  1905, 
722.] 

§  551/2.  The  live-stock  inspector  shall  be  appointed  by  the  board  of  super- 
visors whenever  in  the  discretion  of  the  board  of  supervisors  the  interest  of  the 
public  welfare  demand  the  services  of  such  an  officer,  and  such  officer  shall  hold 
his  office  at  the  pleasure  of  the  appointing  power.  He  shall  receive  a  salary  in 
the  sum  of  one  hundred  and  twenty-five  dollars  per  month,  which  salary  shall 
be  paid  at  the  same  time  and  in  the  same  manner  and  out  of  the  same  funds 
that  other  county  officers  are  paid.     [New  section  added,  Stats.  1905,  722.] 


COUNTY    GOVERNMENT — TOWNSHIP     OFFICERS.  311 

§  56.  The  officers  of  a  township  are  two  justices  of  the  peace,  two  constables, 
and  such  subordinate  officers  as  are  provided  by  law.  In  townships  containing 
cities  in  which  city  justices  or  recorders  are  elected,  there  shall  be  but  one 
justice  of  the  peace;  except  as  hereinafter  otherwise  provided,  and  in  town- 
ships having  a  population  less  than  five  thousand,  there  shall  be  but  one  justice 
of  the  peace  and  one  constable,  and  except  in  townships  containing  a  popula- 
tion of  more  than  one  hundred  thousand  and  less  than  three  hundred  thousand, 
there  shall  be  two  justices  of  the  peace.  The  board  of  supervisors  of  each 
county,  as  public  convenience  may  require,  shall  divide  their  respective  counties 
into  townships  for  the  purpose  of  electing  justices  of  the  peace  and  constables 
and  shall  appoint  competent  per.sons  to  fill  the  offices  of  justice  of  the  peace  and 
constable  created  by  this  act.  But  the  provisions  of  this  section  shall  not  affect 
any  present  incumbent  of  the  office  of  justice  of  the  peace  or  constable. 
[Amendment,  Stats.  1903,  129.] 

§  57.  Whenever  notice  is  required  by  law  to  be  published  in  a  newspaper 
by  any  county  or  township  officer,  the  person  for  whom  the  notice  is  to  be  given 
shall  pay  to  such  officer,  if  required,  the  fees  for  such  publication,  in  advance. 
And  failure  to  publish  any  notice  required  by  law  pertaining  to  the  duties  of 
his  office,  shall  be  a  misdemeanor. 

§  58.  All  elective  county  and  township  officers,  and  city  justices  of  the 
peace,  except  otherwise  provided  for  in  this  act,  shall  be  elected  at  the  general 
election  at  which  the  governor  is  elected,  and  shall  take  office  at  twelve  o'clock 
meridian  on  the  first  Monday  after  the  first  day  of  January  next  succeeding 
their  election.  All  officers  elected  under  the  provisions  of  this  act  shall  hold 
office  until  their  successors  are  elected  or  appointed  and  qualified.  Supervisors 
shall  be  elected  at  the  general  election  prior  to  expiration  of  the  term  of  the, 
incumbent.  The  supervisors  of  any  county  created  after  the  first  day  of  Janu- 
ary, eighteen  hundred  and  ninety-three,  shall,  within  six  months  after  the  first 
general  election  succeeding  the  creation  of  such  county,  classify  themselves  by 
lot  into  two  classes,  as  nearly  equal  in  number  as  possible,  and  the  term  of 
office  of  the  class  having  the  greater  number  shall  expire  in  two  years  from 
such  general  election,  and  the  term  of  office  of  the  class  having  the  lesser  num- 
ber shall  terminate  in  four  years  from  such  general  election. 

§  59.  Every  county,  township,  or  district  officer,  except  a  supervisor  or 
judicial  officer,  may  appoint  as  many  deputies  as  may  be  necessary  for  the 
prompt  and  faithful  discharge  of  the  duties  of  his  office.  Such  appointment 
must  be  made  in  writing,  and  filed  in  the  office  of  the  county  clerk;  and  until 
such  appointment  is  so  made  and  filed,  and  until  such  deputy  shall  have  taken 
the  oath  of  office,  no  one  shall  be  or  act  as  such  deputy. 

§  60.  Whenever  the  official  name  of  any  principal  officer  is  used  in  any  law 
conferring  power,  or  imposing  duties  or  liabilities,  it  includes  deputies. 

§  61.  All  county  officers  must  have  their  offices  at  the  county  seat,  and  the 
sheriff,  clerk,  recorder,  auditor,  treasurer  and  district  attorney  must  keep  their 
offices  open  for  the  transaction  of  business  from  nine  o'clock  a.  m.  until  five 
o'clock  p.  m.,  non-judicial  days  excepted. 

§  62.  Whenever,  except  in  criminal  prosecutions,  any  special  penalty,  for- 
feiture  or  liability  is  imposed  on  an}^  officer  for  non-performance   or  mal- 


ai2  COUNTY    GOVERNMENT — TOWNSHIP    OFFICERS. 

performance  of  official  duties,  the  liability  therefor  attaches  to  the  official 
bond  of  such  officer,  and  to  the  principal  and  sureties  thereon, 

§  63.  Every  officer  mentioned  in  section  fifty-five,  and  his  deputies,  and 
every  justice  of  the  peace,  may  administer  and  certify  oaths. 

§  64.  A  county  or  township  officer  shall  in  no  case  absent  himself  from  the 
state  for  a  period  of  more  than  sixty  days  in  any  one  year,  and  for  no  period 
without  the  consent  of  the  board  of  supervisors  of  the  county,  except  when  on 
business  for  the  state ;  provided,  that  in  case  of  illness  or  urgent  necessity,  the 
board  of  supervisors  may,  on  a  proper  showing  of  such  illness  or  urgent  neces- 
sity, extend  the  time  herein  limited,  for  the  absence  of  any  such  officer,  not  to 
exceed  six  months. 

§  65.  Sheriffs,  clerks  and  constables,  and  their  deputies,  are  prohibited  from 
practising  law,  or  acting  as  attorneys  or  counselors  at  law,  in  the  counties 
where  they  reside  and  hold  office,  or  from  having  as  a  partner  a  lawyer,  or  any 
one  who  acts  as  such,  and  no  county  officer,  or  his  deputy,  except  district 
attorneys  and  treasurers,  shall  be  eligible  to  the  office  of  notary  public,  or 
perform  the  duties  of  the  same. 

§  66.  The  board  of  supervisors  of  each  county  shall,  on  or  before  the  first 
Monday  in  September,  preceding  the  election  of  the  following  officers,  prescribe 
the  amount  in  which  said  officers  must  execute  official  bonds :  Treasurer,  county 
clerk,  auditor,  sheriff,  tax  collector,  district  attorney,  recorder,  assessor,  sur- 
veyor, superintendent  of  schools,  public  administrator,  coroner,  justice  of  the 
peace  and  constable.  The  judge  or  judges  of  the  superior  court  shall,  on  or 
before  the  said  first  Monday  of  September,  prescribe  the  amount  in  which  each 
member  of  the  board  of  supervisors  must  execute  an  official  bond  before  enter- 
ing upon  the  discharge  of  the  duties  of  his  office.  The  bonds  and  sureties  of 
such  officers  must,  before  the  bonds  can  be  recorded  and  filed,  be  approved  by 
the  judge,  or  judges,  if  there  be  more  than  one,  of  the  superior  court.  All  per- 
sons offered  as  sureties  on  official  bonds  may  be  examined  on  oath  touching 
their  qualifications,  and  no  person  can  be  admitted  as  surety  on  any  such  bond 
unless  he  is  a  resident  and  freeholder  or  householder  within  the  state,  and  is 
worth  in  real  or  personal  property,  or  both,  situate  in  this  state,  the  amount  of 
his  undertaking,  over  and  above  all  sums  for  which  he  is  already  liable,  exclu- 
sive of  property  exempt  from  execution  and  forced  sale.  All  official  bonds 
shall  be  recorded  in  the  office  of  the  county  recorder,  and  then  filed  and  kept  in 
the  office  of  the  county  clerk.  The  official  bond  of  the  county  clerk  shall,  after 
being  recorded,  be  filed  and  kept  in  the  office  of  the  county  treasurer.  The  tax 
collector  shall  also  before  qualifying  give  a  bond  as  license  collector  in  such 
sum  as  may  be  fixed  by  the  board  of  supervisors,  to  be  approved  as  herein 
provided, 

§  66a.  It  shall  be  the  duty  of  the  board  of  supervisors  of  each  county,  on  or 
before  the  first  daj^  of  November  of  each  year,  to  supply  the  secretary  of  the 
State  Agricultural  Society  upon  blanks  to  be  furnished  by  him  for  that  pur- 
pose, statistics  showing  the  products  grown,  produced  or  manufactured  in  said 
county,  for  the  year  preceding,  and  the  expense  thereof  shall  be  a  county 
charge,  to  be  paid  as  other  county  charges  against  the  county.  [New  section 
added.  Stats,  1905,  476.] 


COUNTY    GOVERNMENT — TREASURER'S    DUTIES.  213 

COUNTY  TREASURER. 
§  67.     The  coiinty  treasurer  must : 

1.  Receive  all  moneys  belonging  to  the  county,  and  all  other  moneys  by  law 
directed  to  be  paid  to  him,  safely  keep  the  same,  and  apply  and  pay  them  out, 
rendering  the  account  thereof  as  required  by  law. 

2.  File  and  keep  the  certificates  of  the  auditor  delivered  to  him  when  moneys 
are  paid  into  the  treasury. 

3.  Keep  an  account  of  the  receipt  and  expenditure  of  all  such  moneys,  in 
books  provided  for  the  purpose,  in  which  must  be  entered  the  amount,  the  time 
when,  from  whom,  and  on  what  account  all  moneys  were  received  by  him ;  the 
amount,  time  when,  to  whom,  and  on  what  account  all  disbursements  were 
made  by  him. 

4.  So  keep  his  books  that  the  amount  received  and  paid  out  on  account  of 
separate  funds  or  specific  appropriations  are  exhibited  in  separate  and  distinct 
accounts,  and  the  whole  receipts  and  expenditures  shown  in  one  general  or  cash 
account. 

5.  Enter  no  moneys  received  for  the  current  year  on  his  account  with  the 
county  for  the  past  fiscal  year,  until  after  his  annual  settlement  for  the  past 
year  has  been  made  with  the  county  auditor. 

6.  Disburse  the  county  moneys  only  on  county  warrants,  issued  by  the  county 
auditor,  except  on  settlement  with  the  state. 

7.  Disburse  the  moneys  in  the  treasury  on  such  warrants  only  when  they  are 
based  on  orders  of  the  board  of  supervisors,  or  upon  order  of  the  superior 
court,  or  as  otherwise  provided  by  law. 

§  68.  He  must  receive  no  money  into  the  treasury  unless  accompanied  by 
the  certificate  of  the  auditor,  provided  for  in  section  one  hundred  and  eleven. 

§  69.  When  any  money  is  paid  to  the  county  treasurer  he  must  give  to  the 
person  paying  the  same  a  receipt  therefor,  which  must  forthwith  be  deposited 
with  the  county  auditor,  who  must  charge  the  treasurer  therewith,  and  give 
the  person  paying  the  same  a  receipt. 

§  70.  When  a  warrant  is  presented  for  payment,  if  there  is  money  in  the 
treasury  for  that  purpose,  he  must  pay  the  same  and  write  on  the  face  thereof 
''Paid,"  the  date  of  payment,  and  sign  his  name  thereto. 

§  71.  When  any  warrant  is  presented  to  the  treasurer  for  payment,  and  the 
same  is  not  paid  for  want  of  funds,  the  treasurer  must  indorse  thereon  "Not 
paid  for  want  of  funds,"  with  the  date  of  presentation,  and  sign  his  name 
thereto,  and  from  that  time  until  paid  the  warrant  bears  five  per  centum 
interest  per  annum. 

§  72.  When  there  are  sufficient  moneys  in  the  treasury  to  pay  the  warrants 
drawing  interest,  the  treasurer  must  give  notice  in  some  newspaper  published 
in  the  county,  or  if  none  is  published  therein,  then  by  written  notice  posted 
upon  the  court-house  door,  stating  therein  that  he  is  ready  to  pay  such  war- 
rants. From  the  first  publication  or  posting  of  such  notice,  such  warrants 
cease  to  draw  interest. 

§  73.  In  advertising  warrants  under  the  provisions  of  the  preceding  section 
in  any  newspaper,  the  treasurer  must  not  publish  the  warrants  in  detail,  but 
give  notice  only  that  county  warrants  presented  for  payment  prior  to  such  a 


214  COUNTY    GOVERNMENT — TREASURER'S    DUTIES. 

date,  stated  in  the  notice,  are  payable.  When  a  part  only  of  the  warrants  pre- 
sented for  payment  on  the  same  day  are  payable,  the  treasurer  must  designate 
such  payable  warrants  in  the  advertisement.      . 

§  74.  Warrants  drawn  on  the  treasury,  and  properly  attested,  are  entitled 
to  preference  as  to  payment  out  of  the  moneys  in  the  treasury  properly  appli- 
cable to  such  warrants,  according  to  the  order  in  which  they  were  presented. 
The  time  of  presenting  such  warrants  must  be  noted  by  the  treasurer,  and 
upon  receipt  of  moneys  into  the  treasury  not  appropriated,  he  must  set 
apart  the  same,  or  so  much  thereof  as  is  necessary  for  the  payment  of  such 
warrants. 

§  75.  Should  such  warrants  not  be  again  presented  for  payment  within  sixty 
days  from  the  time  the  notice  hereinbefore  provided  for  is  given,  the  fund  set 
aside  for  the  payment  of  the  same  must  be  by  the  treasurer  applied  to  the  pay- 
ment of  unpaid  warrants  next  in  order  of  registry.  The  board  of  supervisors 
may,  on  application  and  presentation  of  warrants  properly  indorsed,  which 
iiave  been  advertised,  pass  an  order  directing  the  treasurer  to  pay  them  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

§  76.  When  the  treasurer  pays  any  warrant  upon  which  any  interest  is  due, 
he  must  note  on  the  warrant  the  amount  of  interest  paid  thereon  and  enter  on 
his  account  the  amount  of  such  interest  distinct  from  the  principal. 

§  77.  The  treasurer  must  settle  his  accounts  relating  to  the  collection,  care 
and  disbursement  of  public  revenue,  of  whatsoever  nature  and  kind,  with  the 
auditor,  on  the  first  Monday  of  each  month.  For  the  purpose  of  making  such 
settlement,  he  must  make  a  statement,  under  oath,  of  the  amount  of  money  or 
other  property  received  prior  to  the  period  of  such  settlement,  the  sources 
whence  the  same  was  derived,  the  amount  of  payments  or  disbursements,  and 
to  whom,  with  the  amount  remaining  on  hand.  He  must,  in  such  settlements, 
deposit  all  warrants  redeemed  by  him,  and  take  the  auditor's  receipt  therefor. 
He  must  also  make  a  full  settlement  of  all  accounts  with  the  auditor,  annually, 
on  the  first  Monday  of  January,  in  the  presence  of  the  supervisors. 

§  78.  Each  county  treasurer  must  make  a  detailed  report,  at  every  regular 
meeting  of  the  board  of  supervisors  of  his  county,  of  all  moneys  received  by 
him,  and  the  disbursement  thereof,  and  of  all  debts  due  to  and  from  the  county, 
and  of  all  other  proceedings  in  his  office,  so  that  the  receipts  into  the  treasury 
and  the  amounts  of  disbursements,  together  with  the  debts  due  to  and  from  the 
county,  may  distinctly  appear. 

§  79.  If  any  county  treasurer  neglect  or  refuse  to  settle  or  report,  as 
required  in  sections  seventy-seven  and  seventy-eight,  he  forfeits  and  must  pay 
to  the  county  the  sum  of  five  hundred  dollars  for  every  such  neglect  or  refusal, 
and  the  board  of  supervisors  must  institute  suits  for  the  recovery  thereof. 

§  80.  If  the  district  attorney  refuse  or  neglect  to  account  for  and  pay  over 
jnoney  received  by  him,  as  required  by  the  fifth  subdivision  of  section  one  hun- 
dred and  thirty-two,  he  shall  be  liable  for  such  refusal  or  neglect  upon  his 
official  bond,  and  the  county  treasurer  must  bring  an  action  against  him  for 
the  recovery  thereof,  in  the  name  of  the  county,  and  may  recover  in  such  action, 
in  addition  to  the  amount  so  received,  fifty  per  centum  thereon  by  way  of 
damages.     And  no  order  of  the  board  of  supervisors  shall  be  necessary  to 


COUNTY    GOVERNMENT — TREASURER'S    DUTIES.  215 

bring  such  action.     His  reasonable  expenses,  including  attorney's  fees,  shall 
be  a  county  charge. 

§  81.  The  treasurer,  upon  receiving  from  the  coroner,  or  justice  of  the  peace 
acting  as  coroner,  money  found  on  a  dead  body,  must  place  it  to  the  credit  of 
the  county ;  on  receiving  other  property  in  like  manner,  he  must,  within  thirty 
days,  sell  it  at  public  auction,  upon  reasonable  public  notice,  and  must,  in  like 
manner,  place  the  proceeds  to  the  credit  of  the  county.  All  said  moneys  must 
be  kept  in  a  separate  fund. 

§  82.  If  the  money  in  the  treasury  is  demanded  within  six  years,  by  the 
legal  representatives  of  the  decedent,  the  treasurer  must  pay  it  to  them,  after 
deducting  the  fees  and  expenses  of  the  coroner,  and  of  the  county,  in  relation 
to  the  matter,  or  the  same  may  be  so  paid  at  any  time  thereafter,  upon  the 
order  of  the  board  of  supervisors. 

§  83.  The  county  treasurer  must  keep  all  moneys  belonging  to  this  state,  or 
to  any  county  of  this  state,  in  his  own  possession,  until  disbursed  according  to 
law.  He  must  not  place  the  same  in  the  possession  of  any  person,  to  be  used 
for  any  purpose ;  nor  must  he  loan,  or  in  any  manner  use,  or  permit  any  person 
to  use  the  same,  except  as  provided  by  law;  but  nothing  in  this  section  pro- 
hibits him  from  making  special  deposits  for  the  safe-keeping  of  the  public 
moneys ;  but  he  shall  be  liable  therefor  on  his  official  bond. 

§  84.  Whenever  an  action,  based  upon  official  misconduct,  is  commenced 
against  any  county  treasurer,  the  supervisors  may,  in  their  discretion,  suspend 
him  from  office  until  such  suit  is  determined,  and  may  appoint  some  person  to 
fill  the  vacancy,  who  shall  qualify  and  give  such  bond  as  may  be  required  by 
the  board  of  supervisors. 

§  85.  In  case  of  the  death  of  any  county  treasurer,  his  legal  representatives 
must  deliver  up  to  the  person  appointed  to  fill  the  vacancy  occasioned  by  such 
death,  all  official  moneys,  books,  accounts,  papers  and  documents  which  are  or 
may  come  into  their  possession. 

§  86.  The  books,  accounts  and  vouchers  of  the  treasurer  are  at  all  times 
subject  to  the  inspection  and  examination  of  the  board  of  supervisors  and 
grand  jury. 

§  87.  The  treasurer  must  permit  the  chairman  of  the  board  of  supervisors, 
district  attorney  and  auditor  to  examine  his  books  and  count  the  money  in  the 
treasury,  whenever  they  may  wish  to  make  an  examination  or  counting. 

SHERIFF. 

§  88.  "Process,"  as  used  in  this  act,  includes  all  writs,  warrants,  summonses 
and  orders  of  courts  of  justice,  or  judicial  officers.  "Notice"  includes  all 
papers  and  orders  (except  process)  required  to  be  served  in  any  proceeding 
before  any  court,  board  or  officer,  or  when  required  by  law  to  be  served  inde- 
pendently of  such  proceeding. 

§  89.     The  sheriff  must : 

1.  Preserve  the  peace. 

2.  Arrest  and  take  before  the  nearest  magistrate  for  examination  all  persons 
who  attempt  to  commit,  or  who  have  committed,  a  public  offense. 


216  COUNTY    GOVERNMENT — SHERIFF'S    DUTIES. 

3.  Prevent  and  suppress  any  affrays,  breaches  of  the  peace,  riots  and  insur- 
rections which  may  come  to  his  knowledge. 

4.  Attend  all  superior  courts  held  within  his  countj^  and  obey  all  lawful 
orders  and  directions  of  all  courts  held  within  his  county. 

5.  Command  the  aid  of  as  many  male  inhabitants  of  his  county  as  he  may 
think  necessary  in  the  execution  of  these  duties. 

6.  Take  charge  of  and  keep  the  county  jail,  and  the  prisoners  therein, 

7.  Release  on  the  record  all  attachments  of  real  property,  when  the  attach- 
ment placed  in  his  hand  has  been  released  or  discharged. 

8.  Indorse  upon  all  process  and  notices  the  year,  month,  day,  hour  and 
minute  of  reception,  and  issue  therefor  to  the  person  delivering  it,  on  payment 
of  fees,  a  certificate  showing  the  names  of  the  parties,  title  of  paper  and  time 
when  received. 

9.  Serve  all  process  and  notices  in  the  manner  prescribed  by  law. 

10.  Certify,  under  his  hand,  upon  process  or  notices,  the  manner  and  time  of 
service,  or  if  he  fails  to  make  service,  the  reason  of  his  failure,  and  return  the 
same  without  delay. 

§  90.  "When  process  or  notices  are  returnable  to  another  county,  he  may 
inclose  such  process  or  notice  in  an  envelope,  addressed  to  the  officer  from 
whom  the  same  emanated,  and  deposit  it  in  the  post-office,  prepaying  postage. 

§  91.  The  return  of  the  sheriff  upon  process  or  notices  is  prima  facie  evi- 
dence of  the  facts  in  such  return  stated. 

§  92.  If  a  sheriff  does  not  return  a  process  or  notice  in  his  possession,  with 
the  necessary  indorsement  thereon,  without  delay,  he  is  liable  to  the  party 
aggrieved  for  the  sum  of  two  hundred  dollars,  and  for  all  damages  sustained 
by  him. 

§  93.  If  the  sheriff  to  whom  a  writ  of  execution  is  delivered  neglects  or 
refuses,  after  being  required  by  the  creditor  or  his  attorney,  the  fees  having 
first  been  paid  or  tendered,  to  levy  upon  or  sell  any  property  of  the  party 
charged  in  the  writ,  which  is  liable  to  be  levied  upon  and  sold,  he  is  liable  to 
the  creditor  for  the  value  of  such  property. 

§  94.  If  he  neglects  or  refuses  to  pay  over,  on  demand,  to  the  person  entitled 
thereto,  any  money  which  may  come  into  his  hands  by  virtue  of  his  office  (after 
deducting  all  legal  fees),  the  amount  thereof,  with  twenty-five  per  centum 
damages,  and  interest  at  the  rate  of  ten  per  centum  per  month,  from  the  time 
of  demand,  may  be  recovered  by  such  person. 

§  95.  A  sheriff  M^ho  suffers  the  escape  of  a  person  arrested  in  a  civil  action, 
without  the  consent  or  connivance  of  the  party  in  whose  behalf  the  arrest  or 
imprisonment  is  made,  is  liable  as  follows: 

1.  When  the  arrest  is  upon  an  order  to  hold  to  bail,  or  upon  a  surrender  in 
exoneration  of  bail  before  judgment,  he  is  liable  to  the  plaintiff  as  bail. 

2.  When  the  arrest  is  on  an  execution  or  commitment  to  enforce  the  payment 
of  money,  he  is  liable  for  the  amount  expressed  in  the  execution  or  commit- 
ment. 

3.  When  the  arrest  is  on  an  execution  or  commitment  other  than  to  enforce 
the  payment  of  money,  he  is  liable  for  the  actual  damages  sustained. 


COUNTY    GOVERNMENT— SHERIFF'S    DUTIES,    ETC.  817 

4.  Upon  being  sued  for  damages  for  an  escape  or  rescue,  he  may  introduce 
evidence  in  mitigation  and  exculpation. 

§  96.  He  is  liable  for  the  rescue  of  a  person  arrested  in  a  civil  action,  equally 
iis  for  an  escape. 

§  97.  An  action  cannot  be  maintained  against  the  sheriff  for  a  rescue,  or  for 
an  escape  of  a  person  arrested  upon  an  execution  or  commitment,  if,  after  his 
rescue  or  escape,  and  before  the  commencement  of  the  action,  the  prisoner 
returns  to  the  jail,  or  is  retaken  by  the  sheriff. 

§  98.  No  direction  or  authority  by  a  party  or  his  attorney  to  a  sheriff,  in 
respect  to  the  execution  of  process  or  return  thereof,  or  to  any  act  or  omission 
relating  thereto,  is  available  to  discharge  or  excuse  the  sheriff  from  a  liability 
for  neglect  or  misconduct,  unless  it  is  contained  in  a  writing,  signed  by  the 
attorney  of  the  party,  or  by  the  party,  if  he  has  no  attorney. 

§  99.  "When  the  sheriff  is  committed,  under  an  execution  or  commitment,  for 
not  paying  over  money  received  by  him  by  virtue  of  his  office,  and  remains  com- 
mitted for  sixty  days,  his  office  is  vacant. 

§  100.  A  sheriff  or  other  ministerial  officer  is  justified  in  the  execution  of, 
and  must  execute,  all  process  and  orders  regular  on  their  face,  and  issued  by 
competent  authority,  whatever  may  be  the  defect  in  the  proceedings  upon  which 
they  were  issued. 

§  101.  The  officer  executing  process  must  then,  and  at  all  times  subsequent, 
so  long  as  he  retains  it,  upon  request,  show  the  same,  with  all  papers  attached, 
to  any  person  interested  therein. 

§  102.  The  sheriff  in  attendance  upon  court  must  act  as  the  crier  thereof, 
call  the  parties  and  witnesses,  and  all  other  persons  bound  to  appear  at  the 
court,  and  make  proclamation  of  the  opening  and  adjournment  of  the  court,  and 
of  any  other  matter  under  its  direction. 

§  103.  Service  of  a  paper,  other  than  process,  upon  the  sheriff  may  be  made 
by  delivering  it  to  him  or  to  one  of  his  deputies,  or  to  a  person  in  charge  of  the 
office  during  office  hours;  or,  if  no  such  person  be  there,  by  leaving  it  in  a  con- 
spicuous place  in  the  office.  "When  any  process  remains  with  the  sheriff  unexe- 
cuted, in  whole  or  in  part,  at  the  time  of  his  death,  resignation  of  office,  or  at 
the  expiration  of  his  term  of  office,  said  process  shall  be  executed  by  his  successor 
or  successors  in  office ;  and  when  the  sheriff  sells  real  estate,  under  and  by  virtue 
of  an  execution  or  order  of  court,  he  or  his  successors  in  office  shall  execute  and 
deliver  to  the  purchaser  or  purchasers  all  such  deeds  and  conveyances  as  are 
required  by  law  and  necessary  for  the  purpose,  and  such  deeds  and  conveyances 
shall  be  as  valid  in  law  as  if  they  had  been  executed  by  the  sheriff  who  made 
the  sale. 

§  104.  "When  the  sheriff  is  a  party  to  an  action  or  proceeding,  the  process 
and  orders  therein,  which  it  would  otherwise  be  the  duty  of  the  sheriff  to  execute, 
must  be  executed  by  the  coroner  of  the  county;  provided,  when  any  action  is 
begun  against  the  sheriff,  all  process  and  orders  may  be  served  by  any  person, 
a  citizen  of  the  United  States  over  the  age  of  eighteen  years,  in  the  manner 
provided  in  the  Code  of  Civil  Procedure. 

§  105.     Process  or  orders  in  an  action  or  proceeding  may  be  executed  by  a 


218         COUNTY  GOVERNMENT— CLERK  AND  AUDITOR,  DUTIES  OF. 

person  residing  in  the  county,  designated  by  the  court,  or  the  judge  thereof,  and 
denominated  an  elisor,  in  the  following  cases: 

1.  AVhen  the  sheriff  and  coroner  are  both  parties; 

2.  "When  either  of  these  officers  is  a  party,  and  the  process  is  against  the  other; 
and 

3.  When  either  of  these  officers  is  a  party,  and  there  is  a  vacancy  in  the  office 
of  the  other,  or  where  it  appears,  by  affidavit,  to  the  satisfaction  of  the  court  in 
which  the  proceeding  is  pending,  or  the  judge  thereof,  that  both  of  these  officers 
are  disqualified,  or  by  reason  of  any  bias,  prejudice  or  other  cause,  would  not  act 
promptly  or  impartially. 

When  process  is  delivered  to  an  elisor,  he  must  execute  and  return  it  in 
the  same  manner  as  the  sheriff  is  required  to  execute  similar  process.  Whenever 
process  is  executed,  or  any  act  performed  by  a  coroner  or  elisor,  in  the  eases 
provided  by  law  in  that  behalf,  such  coroner  or  elisor  shall  be  entitled  to  receive 
a  reasonable  compensation,  to  be  fixed  by  the  court,  to  be  paid  by  the  plaintiff 
in  case  of  the  summoning  of  jurors  to  complete  the  panel,  and  by  the  person  or 
party  requiring  the  service  in  all  other  cases  in  private  action.  If  rendered  at 
the  instance  of  the  people,  it  shall  be  audited  and  paid  as  a  county  charge. 

§  106.     The  sheriff  must  perform  such  other  duties  as  are  required  by  law. 

COUNTY  CLERK. 

§  107.     The  county  clerk  must : 

1.  Take  charge  of  and  safely  keep,  or  dispose  of,  according  to  law,  all  books, 
papers  and  records  which  may  be  filed  or  deposited  in  his  office. 

2.  Act  as  clerk  of  the  board  of  supervisors  and  as  clerk  of  the  superior  court, 
and  attend  each  session  thereof,  and  upon  the  judge  at  chambers,  when  required. 

3.  Issue  all  process  and  notices  required  to  be  issued;  enter  a  synopsis  of  all 
orders,  judgments  and  decrees  proper  to  be  entered,  unless  the  court  shall  order 
them  to  be  entered  at  length ;  keep  in  the  superior  court  a  docket,  in  which  must 
be  entered  the  title  of  each  cause,  with  the  date  of  its  commencement ;  a  mem- 
orandum of  every  subsequent  proceeding  therein,  with  date  thereof,  and  a  list 
of  all  the  fees  charged. 

4.  Keep  for  the  superior  court  an  index  of  all  suits,  labeled  "general  index — 
plaintiffs,"  each  page  of  which  must  be  divided  into  seven  columns,  under  their 
respective  heads,  alphabetically  arranged,  as  follows:  "Number  of  suit,"  "plain- 
tiff's," "defendants,"  "date  of  judgment,"  "number  of  judgment,"  "page  of 
entry  of  judgment  in  judgment  book,"  "page  of  minute  book";  also  an  index, 
labeled  "general  index — defendants,"  each  page  of  which  must  be  divided  into 
seven  columns,  under  their  respective  heads,  alphabetically  arranged,  as  follows : 
"Number  of  suit,"  "defendants,"  "plaintiffs,"  "date  of  judgment,"  "number 
of  judgment,"  "page  of  entry  of  judgment  in  judgment  book,"  "page  in  order 
book;"  keep  an  index  of  the  names  of  persons  naturalized. 

§  108.  He  must  keep  such  other  records  and  perform  such  other  duties  as  are 
prescribed  by  law. 

COUNTY  AUDITOR. 

§  109.  The  auditor  must  issue  warrants  as  provided  in  section  forty-one.  on 
the  county  treasurer,  in  favor  of  all  persons  entitled  thereto,  in  payment  of  sll 
claims  and  demands  chargeable  against  the   county,  which  have  been  legally 


COUNTY    GOVERNMENT — AUDITOR'S    DUTIES.  219 

examined,  allowed  and  ordered  paid  by  the  board  of  supervisors.  The  auditor 
must  also  issue  warrants  on  the  county  treasurer  for  all  debts  and  demands 
against  the  county,  when  the  amounts  are  fixed  by  law,  or  are  authorized  by  law 
to  be  allowed  by  some  person  or  tribunal  other  than  the  board  of  supervisors. 

§  110.  All  warrants  must  distinctly  specify  the  liability  for  which  they  are 
drawm,  and  when  it  accrued. 

§  111.  The  auditor  must  examine  and  settle  the  accounts  of  all  persons 
or  officers  indebted  to  the  county,  or  holding  moneys  payable  into  the  county 
treasury,  and  must  certify  the  amount  to  the  treasurer,  and  upon  the  presen- 
tation and  filing  of  the  treasurer's  receipt  therefor,  give  to  such  persons  a 
discharge,  and  charge  the  treasurer  with  the  amount  received  by  him. 

§  112.  The  auditor  must  keep  accounts  current  with  the  treasurer,  and 
when  any  person  deposits  with  the  auditor  any  receipt  given  by  the  treasurer 
for  any  money  paid  into  the  treasury,  the  auditor  must  file  such  receipt,  and 
charge  the  treasurer  with  the  amount  thereof. 

§  113.  All  warrants  issued  by  the  auditor  during  each  year,  commencing 
with  the  first  Monday  after  the  first  day  of  January,  must  be  numbered  con- 
secutively, and  the  number,  date  and  amount  of  each,  and  the  name  of  the 
person  to  whom  payable,  and  the  purpose  for  which  drawn,  must  be  stated 
thereon;  and  they  must,  at  the  time  they  are  issued,  be  registered  by  him, 
and  after  such  warrants  have  remained  uncalled  for  for  two  years  they  shall 
be  canceled. 

§  114.  The  auditor  must,  betw-een  the  first  and  tenth  day  of  each  month, 
examine  the  books  of  the  treasurer  and  see  that  the  same  have  been  cor- 
rectly kept. 

§  115.  The  chairman  of  the  board  of  supervisors,  district  attorney  and 
auditor,  must,  at  least  once  in  each  month,  count  the  money  in  the  county 
treasury,  and  make  and  verify,  in  duplicate,  statements  showing: 

1.  The  amount  of  money  that  ought  to  be  in  the  treasury. 

2.  The  amount  and  kind  of  money  actually  therein. 

§  116.  They  must  file  one  of  the  statements  in  the  office  of  the  county  clerk, 
and  the  auditor  must  post  and  maintain  the  other  in  his  office  for  at  least 
one  month  thereafter. 

§  117.  The  auditor  and  treasurer  of  each  county  must,  on  the  first  Monday 
in  February,  May,  August,  and  November,  and  at  such  other  times  as  the 
board  of  supervisors  may  require,  make  a  joint  statement  to  the  board  of 
supervisors,  showing  the  w^hole  amount  of  collections  (stating  particularly 
the  source  of  each  portion  of  the  revenue)  from  all  sources  paid  into  the 
county  treasury;  the  funds  among  w^hich  the  same  are  distributed,  and  the 
amount  to  each;  the  total  amount  of  warrants  drawn  and  paid,  and  on  what 
fund ;  the  total  amount  of  warrants  drawn  and  unpaid,  and  accounts  or 
claims  audited  or  allowed  and  unpaid,  and  the  fund  out  of  which  they  are  to  be 
paid,  and  generally  make  a  full  and  specific  showing  of  the  financial  con- 
dition of  the  county.  The  board  of  supervisors  shall  cause  to  be  prepared, 
and  shall  publish  each  year  a  statistical  report  showing  in  compendious  form 
all  the  financial  transactions  of  the  county  for  the  last  fiscal  year,  exhibiting 
separately  the  receipts  and  expenditures  by  or  on  account  of  each  office,  board, 


220  COUNTY     GOVERNMENT — RECORDER'S     DUTIES. 

commission,  institution,  court,  and  road  district  and  school  district,  aad  classi- 
fying the  principal  items  of  income  and  expenditure,  so  as  to  show  the 
financial  transactions  and  the  financial  condition  of  the  county.  [Amendment, 
Stats.  1901,  686.] 

§  118.     The  auditor  must  discharge  such  other  duties  as  are  required  by  law. 

COUNTY  RECORDER. 
§  119.  The  recorder  must  procure  such  books  for  records  as  the  business 
of  his  office  requires,  but  orders  for  the  same  must  first  be  obtained  from 
the  board  of  supervisors.  The  books  used  may  contain  printed  forms  of 
deeds,  mortgages  or  other  instruments  of  general  use.  He  has  the  custody 
of,  and  must  keep  all  books,  records,  maps  and  papers  deposited  in  his  office. 

§  120.  He  must,  upon  the  payment  of  his  fees  for  the  same,  record,  sep- 
arately, in  large  and  well-bound  separate  books,  in  a  fair  hand : 

1.  Deeds,  grants,  transfers  and  mortgages  of  real  estate,  releases  of  mort- 
gages, powers  of  attorney  to  convey  real  estate,  and  leases  which  have  been 
acknowledged  and  approved. 

2.  Mortgages  of  personal  property. 

3.  Certificates  of  marriage  and  marriage  contracts. 

4.  Wills  admitted  to  probate. 

5.  Official  bonds. 

6.  Notice  of  mechanics'  liens. 

7.  Transcripts  of  judgments,  which  by  law  are  made  liens  npon  real  estate. 

8.  Notices  of  attachments  upon  real  estate. 

9.  Notices  of  the  pendency  of  an  action  affecting  real  estate,  the  title  thereto, 
or  the  possession  thereof. 

10.  Instruments  describing  or  relating  to  the  separate  property  of  married 
women. 

11.  Births  and  deaths ;  and, 

12.  Such  other  writings  as  are  required  or  permitted  by  law  to  be  recorded. 

§  121.     Every  recorder  must  keep  : 

1.  An  index  of  deeds,  grants  and  transfers,  labeled  ''Grantors,"  each  page 
divided  into  four  columns,  headed,  respectively:  "Names  of  grantors,"  "names 
of  grantees,"  "date  of  deeds,  grants  or  transfers"  and  "where  recorded." 

2.  An  index  of  deeds,  labeled  "Grantees,"  each  page  divided  into  four  col- 
umns, headed,  respectively:  "Names  of  grantees,"  "names  of  grantors," 
"date  of  deeds,  grants  or  transfers,"  and  "where  recorded." 

3.  Two  indexes  of  mortgages,  labeled,  respectively:  "Mortgagers  of  real 
property,"  "Mortgagers  of  personal  property, "  with  the  pages  thereof  divided 
into  five  columns,  headed,  respectively:  "Names  of  mortgagers,"  "names  of 
mortgagees,"  "date  of  mortgages,"  "where  recorded,"  "when  discharged." 

4.  To  indexes  of  mortgages,  labeled,  respectively:  "Mortgagees  of  real  prop- 
erty," "Mortgagees  of  personal  property,"  with  the  pages  thereof  divided  into 
five  columns,  headed,  respectively:  "Names  of  mortgagees,"  "names  of  mort- 
gagers," "date  of  mortgages,"  "where  recorded,"  "when  discharged." 

5.  Two  indexes  of  releases  of  mortgages,  labeled  respectively:  "Releases  of 
mortgages  of  real  property — mortgagers,"  "Releases  of  mortgages  of  personal 


COUNTY    GOVERNMENT — BOOKS    KEPT    BV    RECORDER.  221 

property — mortgagers,"  with  pages  thereof  divided  into  six  columns,  headed, 
respectively:  "Parties  releasing,"  "to  whom  releases  are  given,"  "date  of  re- 
leases," "where  releases  are  recorded,"  "date  of  mortgages  released,"  "where 
mortgages  released  are  recorded." 

6.  Two  indexes  of  releases  of  mortgages,  labeled,  respectively:  "Releases  of 
mortgages  of  real  property — mortgagees,"  "Releases  of  mortgages  of  personal 
property — mortgagees,"  with  pages  thereof  divided  into  four  columns,  headed, 
respectively:  "Parties  whose  mortgages  are  released,"  "parties  releasing," 
"date  of  releases,"  "where  recorded." 

7.  An  index  of  powers  of  attorney,  labeled:  "Powers  of  attorney,"  each  page 
divided  into  five  columns,  headed,  respectively:  "Names  of  parties  executing 
the  powers,"  "to  whom  powers  are  executed,"  "date  of  powers,"  "date  of 
recording,"  "where  powers  are  recorded." 

8.  An  index  of  leases,  labeled:  "Leases — lessors,"  each  page  divided  into 
four  columns,  headed,  respectively:  "Names  of  lessors,"  "names  of  lessees," 
"date  of  leases,"  "when  and  where  recorded." 

9.  An  index  of  leases,  labeled:  "Leases — lessees,"  each  page  divided  into  four 
columns,  headed,  respectively:  "Names  of  lessees,"  "names  of  lessors,"  "date 
of  leases,"  "when  and  where  recorded." 

10.  An  index  of  marriage  certificates,  labeled:  "Marriage  certificates — men," 
each  page  divided  into  six  columns,  headed,  respectively:  "Men  married,"  "to 
whom  married,"  "when  married,"  "by  whom  married,"  "where  married," 
"where  certificates  are  recorded." 

11.  An  index  of  marriage  certificates,  labeled:  "Marriage  certificates — 
women,"  each  page  divided  into  six  columns,  headed,  respectively:  "Women 
married"  (and  under  this  head  placing  the  family  names  of  the  women),  "to 
whom  married,"  "when  married,"  "by  whom  married,"  "where  married," 
"where  certificates  are  recorded." 

12.  An  index  of  assignments  of  mortgages  and  leases,  labeled:  "Assignments 
of  mortgages  and  leases — assignors,"  each  page  divided  into  five  columns,  headed, 
respectively:  "Assignors,"  "assignees,"  "instruments  assigned,"  "date  of  as- 
signment," "when  and  where  recorded." 

13.  An  index  of  assignments  of  mortgages  and  leases,  labeled:  "Assign- 
ments of  mortgages  and  leases — assignees,"  each  page  divided  into  five  columns, 
headed,  respectively:  "Assignees,"  "assignors,"  "instruments  assigned,"  "date 
of  assignment,"  "when  and  where  recorded." 

14.  An  index  of  wills,  labeled:  "Wills,"  each  page  divided  into  four  columns, 
headed,  respectively:  "Names  of  testators,  "date  of  wills,"  "date  of  probate," 
"when  and  where  recorded." 

15.  An  index  of  official  bonds,  labeled:  "Official  bonds,"  each  page  divided 
into  five  columns,  headed,  respectively:  "Names  of  officers,"  "names  of 
offices,"  "date  of  bonds,"  "amount  of  bonds,"  "when  and  where  recorded." 

16.  An  index  of  notices  of  mechanics'  liens,  labeled:  "Mechanics'  liens," 
each  page  divided  into  three  columns,  headed,  respectively:  "Parties  against 
whom  claimed,"  "parties  claiming  liens,"  "notices — when  and  where  re- 
corded." 

17.  An  index  to  transcripts  of  judgments,  labeled:  "Transcripts  of  judg- 
ments," each  page  divided  into  seven  columns,  headed,  respectively:    "Judg- 


222  COUNTY    GOVERNMENT — BOOKS    KEPT    BY    RECORDER. 

ment  debtors,"  "judgment  creditors,"  "amount  of  judgments,"  "where 
recovered,"  "when  recovered,"  "when  transcript  filed,"  "when  judgment 
satisfied." 

18.  An  index  of  attachments,  labeled:  "Attachments,"  each  page  divided 
into  six  columns,  headed,  respectively:  "Parties  against  whom  attachments 
are  issued,"  "parties  issuing  attachments,"  "notices  of  attachments,"  "when 
recorded,"  "where  recorded,"  "when  attachments  discharged." 

19.  An  index  of  notices  of  the  pendency  of  actions,  labeled:  "Notices  of 
actions,"  each  page  divided  into  three  columns,  headed,  respectively:  "Parties 
to  the  action,"  "notices — when  recorded,"  "where  recorded." 

20.  An  index  of  the  separate  property  of  married  women,  labeled:  "Separate 
property,"  each  page  divided  into  five  columns,  headed,  respectively:  "Names 
of  married  women,"  "names  of  their  husbands,"  "nature  of  instruments 
recorded,"  "when  recorded,"  "where  recorded." 

21.  An  index  to  the  register  of  births  and  deaths. 

22.  Such  other  books  of  record  and  indexes  as  are  or  may  be  required  by  law. 

23.  An  index  of  decrees  of  distribution  in  probate,  labeled:  "Decrees  of 
distribution,"  divided  into  six  columns,  headed,  respectively:  "Whose  es- 
tate," "name  of  administrator,"  "names  of  distributees,"  "date  of  decree," 
"in  what  court,"  "where  recorded." 

§122.  The  recorder  .must  keep  in  his  office  a  book,  to  be  called  "Certificates 
of  sales,"  and  record  therein  all  certificates  of  sales  of  real  estate  sold  under 
execution,  or  under  order  made  in  any  judicial  proceeding.  He  must  also 
prepare  an  index  thereto,  in  which,  in  separate  columns,  he  must  enter  the 
names  of  the  plaintiff  in  the  execution,  the  defendant  in  the  execution,  the 
purchaser  at  the  sale,  and  the  date  of  the  sale. 

§  123.  The  recorder  must  file  and  record  with  the  record  of  deeds,  grants, 
and  transfers,  certified  copies  of  final  judgments  or  decrees  partitioning  or 
affecting  the  title  or  possession  of  real  property,  any  part  of  which  is  situate 
in  the  county  of  which  he  is  recorder. 

§  124.  Every  such  certified  copy  of  partition,  from  the  time  of  filing  the 
same  with  the  recorder  for  record,  imparts  notice  to  all  persons  of  the  con- 
tents thereof;  and  subsequent  purchasers,  mortgagees,  and  lienholders  pur- 
chase and  take  with  like  notice  and  effect  as  if  such  copy  of  decree  was  a  duly 
recorded  deed,  grant  or  transfer. 

§  125.  The  recorder  may  keep  in  the  same  volume  any  two  or  more  of  the 
indexes  mentioned  in  section  one  hundred  and  twenty-one;  but  the  several 
indexes  must  be  kept  distinct  from  each  other,  and  the  volume  distinctly 
marked  on  the  outside  in  such  a  way  as  to  show  all  the  indices  kept  therein. 
The  names  of  the  parties  in  the  first  column  in  the  several  indexes  must  be 
arranged  in  alphabetical  order,  and  when  a  conveyance  is  executed  by  a 
sheriff,  the  name  of  the  sheriff  and  the  party  charged  in  the  execution  must 
both  be  inserted  in  the  index ;  and  when  an  instrument  is  recorded  to  which  an 
executor,  administrator,  or  trustee  is  a  party,  the  name  of  such  executor, 
administrator,  or  trustee,  together  with  the  name  of  the  testator,  or  intestate, 
or  party  for  whom  the  trust  is  held,  must  be  inserted  in  the  index. 

§  126.     "When  any  instrument,  paper,  or  notice,  authorized  by  law  to  be 


COUNTY    GOVERNMENT— RECORDER    AND    DISTRICT    ATTORNEY.  223 

recorded,  is  deposited  in  the  recorder's  office  for  record,  the  recorder  must 
indorse  upon  the  same  the  time  when  it  was  received,  noting  the  year,  month, 
day,  hour,  and  minute  of  its  reception,  the  amount  of  fees  for  recording,  and 
must  record  the  same  without  delay,  together  with  the  acknowledgments, 
proofs,  and  certificates,  written  upon  or  annexed  to  the  same,  with  the  plats, 
surveys,  schedule,  and  other  papers  thereto  annexed,  in  the  order  in  which 
the  same  were  received  for  record,  and  must  note  at  the  foot  of  the  record 
the  exact  time  of  its  reception,  and  the  name  of  the  person  at  whose  request 
it  was  recorded. 

§  127.  He  must  also  indorse  upon  each  instrument,  paper,  or  notice  the  time 
when,  the  book  and  pages  in  which  it  is  recorded,  and  must  thereafter  deliver 
it  to  the  party  leaving  the  same  for  record,  or  upon  his  order. 

§  128.  It  shall  be  the  duty  of  the  recorder,  upon  the  payment  or  tender 
of  the  fees  therefor,  to  take  and  certify  the  acknowledgment  of  all  instru- 
ments authorized  by  law  to  be  acknowledged. 

§  129.  If  any  recorder  to  whom  an  instrument,  proved  or  acknowledged 
according  to  law,  or  any  paper  or  notice  which  may  by  law  be  recorded,  is 
delivered  for  record : 

1.  Neglects  or  refuses  to  record  such  instrument,  paper,  or  notice  within 
a  reasonable  time  after  receiving  the  same ;  or, 

2.  Records  any  instrument,  paper,  or  notice,  wilfully  or  negligently,  untruly, 
or  in  any  other  manner  than  is  hereinbefore  directed;  or, 

3.  Neglects  or  refuses  to  keep  in  his  office  such  indexes  as  are  required  by 
this  article,  or  to  make  the  proper  entries  therein;  or, 

4.  Alters,  changes,  or  obliterates  any  records  deposited  in  his  office,  or 
inserts  any  new  matter  therein,  he  is  liable  to  the  party  aggrieved  for  three 
times  the  amount  of  the  damages  which  may  be  occasioned  thereby. 

§  130.  He  shall  not  record  any  instrument,  or  file  any  paper  or  notice,  or 
furnish  any  copy,  or  render  any  service  connected  with  his  office,  until  his 
fees  for  the  same,  as  prescribed  by  law,  are,  if  demanded,  paid  or  tendered. 

§  131.  All  books  of  record,  maps,  charts,  surveys,  and  other  papers  on  file 
in  the  recorder's  office,  must,  during  office  hours,  be  open  for  inspection  by  any 
person,  without  charge;  and  the  recorder  must  arrange  the  books  of  record 
and  indexes  in  his  office  in  such  suitable  places  as  to  facilitate  their  inspection. 

DISTRICT  ATTORNEY. 

§  132.     The  district  attorney  is  the  public  prosecutor,  and  must : 

1.  Attend  the  courts,  and  conduct,  on  behalf  of  the  people,  all  prosecutions 
for  public  offenses. 

2.  Institute  proceedings  before  the  magistrates  for  the  arrest  of  persons 
charged  with  or  reasonably  suspected  of  public  offenses,  when  he  has  infor- 
mation that  any  such  offenses  have  been  committed ;  and  for  that  purpose,  when 
not  engaged  in  criminal  proceedings  in  the  superior  court,  or  in  civil  cases 
on  behalf  of  the  people,  must  attend  upon  the  magistrates  in  cases'  of  arrest, 
when  required  by  them,  and  attend  before  and  give  advice  to  the  grand  jury, 
whenever  cases  are  presented  to  them  for  their  consideration. 

3.  Draw  all  indictments  and  informations,  defend  all  suits  brought  in  his 


224  COUNTY  GOVERNMENT — ATTORNEY  AND  SURVEYOR. 

county,  against  the  state  or  his  county  wherever  brought,  prosecute  all  recog- 
nizances forfeited  in  the  courts  of  record,  and  all  actions  for  the  recovery 
of  debts,  fines,  penalties,  and  forfeitures  accruing  to  the  state  or  his  county. 

4.  Deliver  receipts  for  money  or  property  received  in  his  official  capacity, 
and  file  duplicates  thereof  with  the  county  treasurer. 

5.  On  the  first  Monday  of  each  month  file  with  the  auditor  an  account, 
verified  by  his  oath,  of  all  moneys  received  by  him  in  his  official  capacity 
during  the  preceding  month,  and  at  the  same  time  pay  them  over  to  the  county 
treasurer. 

6.  Give,  when  required,  and  without  fee,  his  opinion  in  writing,  to  county, 
district,  and  township  officers,  on  matters  relating  to  the  duties  of  their 
respective  offices. 

§  133.  The  district  attorney  is  the  legal  adviser  of  the  board  of  super- 
visors. He  must  attend  their  meetings,  when  required,  and  must  attend  and 
oppose  all  claims  and  accounts  against  the  county,  when  he  deems  them  un- 
just and  illegal. 

§  134.  The  district  attorney,  except  for  his  own  services,  must  not  present 
any  claim,  account  or  demand  for  allowance  against  the  county,  nor  in  any 
way  advocate  the  relief  asked  on  any  claim  or  demand  made  by  another. 

COUNTY  SURVEYOR. 

§  135.  The  county  surveyor  must  be  a  licensed  land  surveyor  of  the  state, 
and  must  make  any  survey  that  may  be  required  by  order  of  court  or  of  the 
board  of  supervisors,  or  upon  application  of  any  person;  keep  a  correct  and 
fair  record  of  all  surveys  made  by  him,  number  them  in  the  order  made,  and 
preserve  a  copy  of  the  field-notes  and  calculations  of  each  survey,  and  indorse 
thereon  its  proper  number;  a  copy  of  the  same,  and  a  fair  and  accurate  plat, 
together  with  a  certificate  of  survey,  must  upon  application,  be  furnished  by 
him  to  any  person,  upon  payment  of  the  fees  allowed  by  law. 

§  136.  Any  person  owning  or  claiming  lands  which  are  divided  by  county 
lines,  and  wishing  to  have  the  same  surveyed,  may  apply  to  the  surveyor 
of  any  county  in  which  any  part  of  such  land  is  situated,  and  on  such  appli- 
cation being  made,  the  surveyor  must  make  the  survey,  which  is  as  valid 
as  though  the  lands  were  situated  entirely  within  the  county. 

§  137.  "When  land,  the  title  to  which  is  in  dispute  before  any  court,  is 
divided  by  a  county  line,  the  court  making  an  order  of  survey  may  direct 
the  order  to  the  surveyor  of  any  county  in  which  any  part  of  the  land  is  situ- 
ated. In  all  surveys  the  courses  must  be  expressed  according  to  the  true 
meridian,  and  the  variation  of  the  magnetic  meridian  from  the  true  meridian 
must  be  expressed  on  the  plat,  with  the  date  of  the  survey. 

§  138.  Each  county  surveyor  must,  when  required,  aid  and  assist  the 
surveyor-general  in  making  surveys  within  the  county.  "When  the  county 
surveyor  is  interested  in  any  land,  the  title  to  which  is  in  dispute,  and  a  survey 
thereof  is  necessary,  the  court  must  direct  the  survey  to  be  made  by  some 
disinterested''  person,  and  the  person  so  appointed  is  for  that  purpose  author- 
ized to  administer  and  certify  oaths.  He  must  return  such  survey,  verified 
by  his  affidavit  annexed  thereto,  and  receive  for  his  services  the  same  fees 
as  the  county  surveyor  would  be  entitled  to  for  similar  service. 


COUNTY     GOVERNMENT — SURVEYOR     AND     CORONER.  225 

§  139.  The  county  surveyor  shall  copy,  plat,  or  trace  all  maps  filed  for 
record  in  the  office  of  the  county  recorder  of  the  county  for  which  he  shall 
be  elected,  and  shall  be  ex  officio  deputy  county  recorder  for  said  county  for 
such  purposes  at  the  cost  of  the  party  filing  the  same  for  record ;  provided, 
however,  that  all  maps  and  plats  filed  by  a  licensed  land  surveyor,  and  such 
other  maps  and  plats  as  are  filed  and  are  thereby  made  a  record,  are  exempt 
from  the  provisions  of  this  act.  The  county  surveyor  shall  plat,  trace,  blue- 
print, or  otherwise  make  all  county,  township,  road,  district,  and  all  other 
maps,  and  all  assessor's  block  books,  for  the  county  of  which  he  is  surveyor. 
All  such  maps  which  are  platted,  traced,  blue-printed,  or  otherwise  made 
as  aforesaid,  shall  be  filed  in  the  county  surveyor's  office,  together  with  all 
data  obtained  by  the  county  surveyor  from  other  sources,  and  the  same  there- 
after shall  become  the  property  of  the  county, 

§  140.  The  county  surveyor  shall  make  such  surveys  of  county  roads,  and 
perform  such  other  engineering  work  as  the  board  of  supervisors  may  direct. 
All  such  maps  and  field-notes  of  surveys  shall  be  filed  in  the  office  of  the 
county  surveyor,  and  the  same  shall  thereafter  be  and  remain  the  property  of 
the  county.  It  shall  be  the  duty  of  the  county  surveyor  to  advise  the  board 
of  supervisors  regarding  all  engineering  work,  and  to  perform  such  engineer- 
ing work  for  the  county  as  may  be  required  by  the  board  of  supervisors. 

§  141.  The  board  of  supervisors  of  each  county  shall  provide,  for  the  use 
of  the  county  surveyor,  a  suitable  office,  office  furniture,  heat,  light,  and 
care  for  the  same,  office  and  record  books,  and  other  necessary  material,  also 
all  necessary  expenses  and  transportation  on  work  performed  in  the  field. 
In  lieu  of  fees,  as  now  provided  by  law.  the  county  surveyor  shall  receive 
such  compensation  as  the  board  of  supervisors  may  allow,  not  to  exceed  ten 
dollars  per  day  for  all  work  performed  by  the  county,  and  in  addition  thereto, 
all  necessary  expenses  and  transportation  on  work  performed  in  the  field. 

COUNTY  CORONER. 

§  142.  The  coroner  must  hold  inquests  as  prescribed  by  chapter  two,  title 
twelve,  part  two,  of  the  Penal  Code.  The  coroner,  or  other  officer  holding 
the  inquest  upon  the  body  of  a  deceased  person,  may  subpoena  a  chemist  to 
make  an  analysis  of  the  contents  of  the  stomach  or  of  the  tissues  of  the  body, 
or  a  physician  or  surgeon  to  inspect  the  body,  or  hold  a  post-mortem  exami- 
nation of  the  deceased,  and  give  a  professional  opinion  as  to  the  cause  of 
death,  and  shall  cause  the  testimony  given  by  the  witness  to  be  reduced  to 
writing,  under  his  direction,  and  may,  upon  the  written  order  of  the  district 
attorney,  employ  a  clerk  or  stenographer  for  such  purpose,  at  the  same 
compensation  allowed  to  stenographers  in  the  superior  court  of  the  county; 
and  when  such  testimony  is  taken  down  by  a  stenographer,  his  transcription 
thereof,  duly  certified  to,  shall  constitute  the  deposition  of  such  witness. 

§  143.  When  an  inquest  is  held  by  the  coroner,  and  no  other  person  takes 
charge  of  the  body  of  deceased,  he  must  cause  it  to  be  decently  interred ;  and  if 
there  is  not  sufficient  property  belonging  to  the  estate  of  the  deceased  to  pay  the 
necessary  expenses  of  the  burial,  the  expenses  are  a  legal  charge  against  the 
county. 

§  144.     It  shall  be  the  duty  of  the  coroner  of  each  county  to  keep  an  official 

Gen.  Laws — 15 


226  COUJVTY     GOVERNMENT — CORONER     AND     OTHER     OFFICERS. 

register,  to  be  labeled  "Coroner's  Register,"  in  which  he  shall  enter  the  date  of 
holding  all  inquests,  the  name  of  the  deceased,  when  known,  and  when  not,  such 
description  of  the  deceased  as  may  be  sufficient  for  identification;  property  found 
on  the  person  of  deceased,  if  any ;  what  disposition  was  made  of  the  same  by  the 
coroner;  the  cause  of  death,  when  known,  and  such  other  information  as  may 
pertain  to  the  identity  of  the  deceased. 

§  145,  The  coroner  must,  within  thirty  days  after  an  inquest  upon  a  dead 
body,  deliver  to  the  county  treasurer,  or  the  legal  representatives  of  the  de- 
ceased, any  money  or  other  property  found  upon  the  body,  and  at  the  same  time 
file  an  affidavit  with  the  treasurer,  showing: 

1.  The  amount  of  money  or  other  property  belonging  to  the  estate  of  the  de- 
ceased person  which  has  come  into  his  possession  since  his  last  statement. 

2.  The  disposition  made  of  such  property. 

3.  If  the  coroner,  or  any  justice  of  the  peace  acting  as  coroner,  fail  to  deliver 
to  the  treasurer,  within  thirty  days  after  any  inquest  upon  a  dead  body,  all 
money  and  property  found  upon  such  body,  unless  claimed  in  the  mean  time  by 
the  public  administrator,  or  other  legal  representative  of  the  decedent,  as  re- 
quired by  this  section,  the  district  attorney  must  proceed  against  the  coroner 
or  justice  of  the  peace  acting  as  coroner,  to  recover  thf  same,  by  civil  action,  in 
the  name  of  the  county. 

§  146.  If  the  office  of  coroner  is  vacant,  or  he  is  absent,  or  unable  to  attend, 
the  duties  of  his  office  may  be  discharged  by  any  justice  of  the  peace  of  the 
county,  with  the  like  authority,  and  subject  to  the  same  obligations  and  penalties 
as  the  coroner. 

§  147.  In  the  cases  specified  in  section  one  hundred  and  four,  the  coroner  must 
discharge  the  duties  of  sheriff. 

[OTHER  OFFICERS.] 

§  148.  The  assessor  must  perform  such  duties  as  are  prescribed  in  title  nine, 
part  three,  of  the  Political  Code,  and  such  other  duties  as  are  required  by  law ; 
provided,  that  where  any  salary  is  allowed  to  the  assessor,  by  law,  then  where 
such  officer  is  charged,  or  to  be  charged,  with  the  making  of  maps  or  block  books, 
he  shall  be  allowed  the  actual  cost  of  making  the  same,  and  must  file  with  the 
county  auditor  a  sworn  statement,  monthly,  showing  in  detail  the  names  of 
persons,  and  amounts  paid  to  each  for  such  expense,  and  the  assessor  must 
thereupon  pay  over  and  account  to  the  county,  or  city  and  county,  for  the  differ- 
ence between  any  amount  allowed  for  such  purpose,  and  the  amount  actually 
expended  by  him  therefor. 

§  149.  The  tax  collector  must  perform  such  duties  as  are  prescribed  in  title 
nine,  part  three,  of  the  Political  Code,  and  as  license  collector  shall  collect  all 
county  licenses,  and  shall  perform  such  other  duties  as  are  required  by  law.  He 
shall,  at  least  once  a  month  and  oftener,  in  his  discretion,  pay  the  public  money 
in  his  hands  into  the  county  treasury,  taking  the  receipt  of  the  treasurer  therefor. 

§  150.  The  school  superintendent  must  perform  such  duties  as  are  prescribed 
in  title  three,  part  three,  of  the  Political  Code,  and  shall  perform  such  other 
duties  as  are  required  by  law. 

§  151.  The  public  administrator  must  perform  such  duties  as  are  prescribed 
in  chapter  thirteen,  title  eleven,  part  three,  of  the  Code  of  Civil  Procedure,  and 
shall  perform  such  other  duties  as  are  required  by  law. 


COUNTY     GOVERNMENT — VARIOUS     OFFICERS.  227 

§  152.  It  shall  be  the  duty  of  the  public  administrator  to  keep  a  book,  to  be 
labeled  ''Register  of  Public  Administrator,"  in  which  he  shall  enter  the  name 
of  every  deceased  person  on  whose  estate  he  shall  administer,  the  date  of  granting 
letters,  money  received,  the  property  appraised  and  its  value,  proceeds  of  all 
sales  of  property,  the  amount  of  his  fees,  the  expenses  of  administration,  the 
amount  of  estate  after  all  charges  and  expenses  have  been  paid,  the  disposition 
of  property  on  distribution,  the  date  of  discharge  of  administrator,  and  such 
other  matters  as  may  be  necessary  to  give  a  full  and  complete  history  of  each 
estate  administered  by  him.  The  publication  of  the  semiannual  report  required 
to  be  made  by  the  public  administrator  shall  be  a  county  charge. 

§  1521/^.  It  shall  be  the  duty  of  the  live-stock  inspector,  acting  under  the 
supervision  of  the  state  veterinarian,  to  enforce  all  laws  of  the  state  of  California, 
and  all  orders  and  ordinances  of  the  board  of  supervisors  of  his  county  pertaining 
to  the  health  and  sanitary  surroundings  of  all  live  stock  in  his  county,  and  for 
that  purpose  he  is  hereby  authorized  and  empowered,  by  and  with  the  approval 
of  the  board  of  supervisors,  to  establish,  maintain,  and  enforce  such  quarantine, 
sanitary  and  other  regulations  as  he  may  deem  proper  and  necessary.  He  shall 
give  to  the  duties  of  his  office  such  time  and  attention  as  may  be  necessary  to 
secure  the  general  protection  and  advancement  of  all  matters  pertaining  to 
the  health  and  sanitary  condition  of  the  domestic  live  stock  of  his  county. 
[New  section  added.  Stats.  1905,  723.] 

§  153.  Constables  must  attend  the  courts  of  justices  of  the  peace  within  their 
townships  whenever  so  required,  and  within  their  counties  execute,  serve  and 
return  all  writs,  processes  and  notices  directed  or  delivered  to  them  by  justices 
of  the  peace  of  such  county,  or  by  any  competent  authority ;  provided  however, 
that  no  constable  shall  have  jurisdiction  or  authority  to  serve  any  writ,  notice, 
or  other  process  issued  by  any  justice  or  justice's  court  of  any  township  other 
Ihan  the  justice  or  justice's  court  of  the  township  in  and  for  which  he  may  be 
constable  without  the  boundaries  of  the  township  in  and  for  which  he  is  con- 
stable, and  any  service  by  a  constable  of  any  writ,  notice,  or  other  process  issued 
by  any  justice  or  justice's  court  of  any  township  other  than  the  township  in 
and  for  which  he  is  duly  elected  and  qualified  constable,  outside  of  the  boundaries 
of  the  township  in  and  for  which  he  is  such  constable,  shall  be  void.  Constables 
shall  charge  and  collect  for  their  services  such  fees  as  are  now  or  may  hereafter 
be  allowed.     [Amendment,  Stats.  1905,  393.] 

§  154.  All  provisions  of  sections  eighty-eight,  eighty-nine,  ninety,  ninety-one, 
ninety-two,  ninety-three,  ninety-four,  ninety-five,  ninety-six,  ninety-seven, 
ninety-eight,  ninety-nine,  one  hundred,  one  hundred  and  one,  one  hundred 
and  two,  and  one  hundred  and  three,  except,  the  fourth  and  sixth  subdivisions 
of  section  eighty-nine,  apply  to  constables,  and  govern  their  powers,  duties,  and 
liabilities. 

§  155.  Justices  of  the  peace  must  perform  such  duties  as  are  prescribed  in 
title  eleven,  part  two,  of  the  Code  of  Civil  Procedure,  and  such  other  duties  as 
are  prescribed  by  law. 

§  156.  The  salaries  of  officers  must  be  paid  monthly  from  the  county  salary 
fund  of  the  treasury,  on  the  warrant  of  the  auditor. 

§  157.     For  the  purpose  of  regulating  the  compensation  of  all  officers  herein 


228  COUNTY    GOVERNMENT — CLASSES     OF     COUNTIES. 

provided  for,  the  several  counties  of  this  state  are  hereby  classified,  according 
to  their  population  (as  ascertained  and  determined  in  section  ten),  as  follows, 
to  wit : 

All  counties  containing  a  population  of  three  hundred  thousand  and  over  shall 
belong  to  and  be  known  as  counties  of  the  first  class. 

Counties  containing  a  population  of  one  hundred  and  fifty  thousand  and  under 
tliree  hundred  thousand  shall  belong  to  and  be  known  as  counties  of  the  second 
class. 

Counties  containing  a  population  of  one  hundred  thousand  and  under  one 
hundred  and  fifty  thousand  shall  belong  to  and  be  known  as  counties  of  the  third 
class. 

Counties  containing  a  population  of  fifty  thousand  and  under  one  hundred 
thousand  shall  belong  to  and  be  known  as  counties  of  the  fourth  class. 

Counties  containing  a  population  of  forty  thousand  and  under  fifty  thousand 
shall  belong  to  and  be  Icnown  as  counties  of  the  fifth  class. 

Counties  containing  a  population  of  thirty-eioht  thousand  and  under  forty 
thousand  shall  belong  to  and  be  known  as  counties  of  the  sixth  class. 

Counties  having  a  population  of  thirty-six  thousand  and  under  thirty-eight 
thousand  shall  belong  to  and  be  known  as  counties  of  the  seventh  class. 

Counties  having  a  population  of  thirty-five  thousand  four  hundred  and  under 
ihirty-six  thousand  shall  belong  to  and  be  known  as  counties  of  the  eighth  class. 

Counties  having  a  population  of  thirty-five  thousand  and  under  thirty-five 
thousand  four  hundred  shall  belong  to  and  be  known  as  counties  of  the  ninth 
class. 

Counties  having  a  population  of  twenty-seven  thousand  four  hundred  and 
under  thirty-five  thousand  shall  belong  to  and  be  known  as  counties  of  the  tenth 
class. 

Counties  having  a  population  of  twenty-seven  thousand  and  under  twenty- 
seven  thousand  four  hundred  shall  belong  to  and  be  known  as  counties  of  the 
eleventh  class. 

Counties  having  a  population  of  twenty-four  thousand  and  under  twenty-seven 
thousand  shall  belong  to  and  be  known  as  counties  of  the  twelfth  class. 

Counties  having  a  population  of  twenty-one  thousand  and  under  twenty-four 
thousand  shall  belong  to  and  be  known  as  counties  of  the  thirteenth  class. 

Counties  having  a  population  of  twenty  thousand  and  under  twenty-one 
thousand  shall  belong  to  and  be  known  as  counties  of    the  fourteenth  class. 

Counties  having  a  population  of  nineteen  thousand  five  hundred  and  under 
twenty  thousand  shall  belong  to  and  be  known  as  counties  of  the  fifteenth  class. 

Counties  having  a  population  of  nineteen  thousand  and  under  nineteen  thou- 
sand five  hundred  shall  belong  to  and  be  known  as  counties  of  the  sixteenth  class. 

Counties  having  a  population  of  eighteen  thousand  five  hundred  and  under 
nineteen  thousand  shall  belong  to  and  be  known  as  counties  of  the  seventeenth 
class. 

Counties  having  a  population  of  eighteen  thousand  two  hundred  and  under 
eighteen  thousand  five  hundred  shall  belong  to  and  be  known  as  counties  of  the 
eighteenth  class. 

Counties  having  a  population  of  eighteen  thousand  and  under  eighteen  thou- 


COUNTY    GOVERNMEIVT — CLASSES     OF    COUNTIES.  829 

sand  two  liTindred  shall  belong  to  and  be  known  as  counties  of  the  nineteenth 
class. 

Counties  having  a  population  of  seventeen  thousand  eight  hundred  and  under 
eighteen  thousand  shall  belong  to  and  be  known  as  counties  of  the  twentieth 
class. 

Counties  having  a  population  of  seventeen  thousand  five  hundred  and  under 
seventeen  thousand  eight  hundred  shall  belong  to  and  be  known  as  counties  of 
the  twenty-first  class. 

Counties  having  a  population  of  seventeen  thousand  three  hundred  and  under 
seventeen  thousand  five  hundred  and  fifty  shall  belong  to  and  be  known  as 
counties  of  the  twenty-second  class. 

Counties  having  a  population  of  seventeen  thousand  and  under  seventeen  thou- 
sand three  hundred  shall  belong  to  and  be  known  as  counties  of  the  twenty- 
third  class. 

Counties  having  a  population  of  sixteen  thousand  seven  hundred  and  fifty  and 
under  seventeen  thousand  shall  belong  to  and  be  known  as  counties  of  the  twenty- 
fourth  class. 

Counties  having  a  population  of  sixteen  thousand  five  hundred  and  under 
sixteen  thousand  seven  hundred  and  fifty  shall  belong  to  and  be  known  as 
counties  of  the  twenty-fifth  class. 

Counties  having  a  population  of  sixteen  thousand  four  hundred  and  seventy- 
five  and  under  sixteen  thousand  five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  twenty -sixth  class. 

Counties  having  a  population  of  sixteen  thousand  and  under  sixteen  thou- 
sand four  hundred  and  seventy-five  shall  belong  to  and  be  known  as  counties 
of  the  twenty-seventh  class. 

Counties  having  a  population  of  fifteen  thousand  seven  hundred  and  fifty  and 
under  sixteen  thousand  shall  belong  to  and  be  known  as  counties  of  the  twenty- 
eighth  class. 

Counties  having  a  population  of  fifteen  thousand  and  under  fifteen  thousand 
seven  hundred  and  fifty  shall  belong  to  and  be  known  as  counties  of  the  twenty- 
ninth  class. 

Counties  having  a  population  of  fourteen  thousand  and  under  fifteen  thousand 
shall  belong  to  and  be  known  as  counties  of  the  thirtieth  class. 

Counties  having  a  population  of  thirteen  thousand  and  under  fourteen  thou- 
sand shall  belong  to  and  be  known  as  counties  of  the  thirty-first  class. 

Counties  having  a  population  of  twelve  thousand  and  under  thirteen  thousand 
i;hall  belong  to  and  be  known  as  counties  of  the  thirty-second  class. 

Counties  having  a  population  of  eleven  thousand  one  hundred  and  seventy-five 
and  under  twelve  thousand  one  hundred  shall  belong  to  and  be  known  as  counties 
of  the  thirty-third  class. 

Counties  having  a  population  of  eleven  thousand  one  hundred  and  fifty  and 
under  eleven  thousand  one  hundred  and  seventy-five  shall  belong  to  and  be 
known  as  counties  of  the  thirty-fourth  class. 

Counties  having  a  population  of  eleven  thousand  and  under  eleven  thousand 
one  hundred  and  fifty  shall  belong  to  and.be  known  as  counties  of  the  thirty-fifth 
class. 


230  COUNTY     GOVERNMENT — CLASSES     OP     COUNTIES. 

Counties  having  a  population  of  ten  thousand  and  under  eleven  thousand 
shall  belong  to  and  be  known  as  counties  of  the  thirty-sixth  class. 

Counties  having  a  population  of  nine  thousand  seven  hundred  and  fifty  and 
under  ten  thousand  shall  belong  to  and  be  known  as  counties  of  the  thirty- 
seventh  class. 

Counties  having  a  population  of  nine  thousand  five  hundred  and  under  nine 
thousand  seven  hundred  and  fifty  shall  belong  to  and  be  known  as  counties  of 
the  thirty-eighth  class. 

Counties  having  a  population  of  nine  thousand  and  under  nine  thousand  five 
hundred  shall  belong  to  and  be  known  as  counties  of  the  thirty-ninth  class. 

Counties  having  a  population  of  eight  thousand  seven  hundred  and  fifty  and 
under  nine  thousand  shall  belong  to  and  be  knowoi  as  counties  of  the  fortieth 
class. 

Counties  having  a  population  of  eight  thousand  and  under  eight  thousand 
seven  hundred  and  fifty  shall  belong  to  and  be  known  as  counties  of  the  forty-first 
class. 

Counties  having  a  population  of  seven  thousand  and  under  eight  thousand 
shall  belong  to  and  be  known  as  counties  of  the  forty-second  class. 

Counties  having  a  population  of  six  thousand  five  hundred  and  under  seven 
thousand  shall  belong  to  and  be  known  as  counties  of  the  forty-third  class. 

Counties  having  a  population  of  six  thousand  two  hundred  and  fifty  and  under 
six  thousand  five  hundred  shall  belong  to  and  be  known  as  counties  of  the  forty- 
fourth  class. 

Counties  having  a  population  of  six  thousand  and  under  six  thousand  two 
hundred  and  fifty  shall  belong  to  and  be  known  as  counties  of  the  forty-fifth 
class. 

Counties  having  a  population  of  five  thousand  five  hundred  and  under  six  thou- 
sand shall  belong  to  and  be  known  as  counties  of  the  forty-sixth  class. 

Counties  having  a  population  of  five  thousand  one  hundred  and  under  fivo 
thousand  five  hundred  shall  belong  to  and  be  known  as  counties  of  the  forty- 
seventh  class. 

Counties  having  a  population  of  five  thousand  and  under  five  thousand  one 
hundred  shall  belong  to  and  be  known  as  counties  of  the  forty-eighth  class. 

Counties  having  a  population  of  four  thousand  seven  hundred  and  under  five 
thousand  shall  belong  to  and  be  known  as  counties  of  the  forty-ninth  class. 

Counties  having  a  population  of  four  thousand  six  hundred  and  under  four 
thousand  seven  hundred  shall  belong  to  and  be  known  as  counties  of  the  fiftieth 
class. 

Counties  having  a  population  of  four  thousand  five  hundred  and  under  four 
thousand  six  hundred  shall  belong  to  and  be  known  as  counties  of  the  fifty-first 
class. 

Counties  having  a  population  of  four  thousand  three  hundred  and  eighty  and 
under  four  thousand  five  hundred  shall  belong  to  and  be  known  as  counties  of  the 
fifty-second  class. 

Counties  having  a  population  of  four  thousand  two  hundred  and  under  four 
thousand  three  hundred  and  eighty  shall  belong  to  and  be  known  as  counties  of 
the  fiftv-third  class. 


SALARIE^S     OF    OFFICERS — COUNTIES    OF    SECOND     CLASS.  231 

Counties  having  a  population  of  four  thousand  and  under  four  thousand  two 
hundred  shall  belong  to  and  be  known  as  counties  of  the  fifty-fourth  class. 

Counties  having  a  population  of  two  thousand  two  hundred  and  under  four 
thousand  shall  belong  to  and  be  known  as  counties  of  the  fifty-fifth  class. 

Counties  having  a  population  of  two  thousand  and  under  two  thousand  two 
hundred  shall  belong  to  and  be  known  as  counties  of  the  fifty-sixth  class. 

Counties  having  a  population  of  under  two  thousand  shall  belong  to  and  be 
Icnown  as  counties  of  the  fifty-seventh  class.     [Amendment,  Stats.  1901,  687.] 

§  158.  In  counties  of  the  first  class  the  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law,  or  by  virtue  of  their  office,  the  salaries 
and  fees  fixed  by  law  as  compensation ;  provided,  that  this  shall  not  be  construed 
as  adding  any  additional  compensation  to  any  officer ;  provided,  however,  that  the 
sheriff  shall  also  be  allowed  mileage  for  the  service  of  any  paper  required  by  law 
to  be  served,  at  the  rate  of  fifteen  cents  per  mile  for  one  way  only,  to  be  paid  by 
the  person  requiring  such  service. 

§  159.  In  counties  of  the  second  cla.ss  the  county  and  township  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law,  the  fol- 
lowing salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  six  hundred  dollars  per  annum ;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
county  clerk  the  following  clerks  and  deputies,  who  shall  be  appointed  by  the 
county  clerk,  and  shall  be  paid  salaries  as  follows :  One  chief  deputy  at  a  salary 
of  one  hundred  and  fifty  dollars  per  month;  one  deputy  who  shall  be  registry 
clerk  at  a  salary  of  one  hundred  and  thirty-five  dollars  per  month;  one  deputy 
who  shall  be  an  assistant  registry  clerk,  at  a  salary  of  one  hundred  dollars  per 
month ;  one  deputy  w^ho  shall  be  clerk  of  the  board  of  supervisors,  at  a  salary  of 
one  hundred  and  twenty-five  dollars  per  month ;  nine  deputies  who  shall  be  court- 
room clerks,  at  a  salary  of  one  hundred  and  fifteen  dollars  each  per  month ;  one 
deputy  who  shall  be  judgment  clerk,  at  a  salary  of  one  hundred  and  twenty-five 
dollars  per  month ;  one  deputy  who  shall  be  an  assistant  judgment  clerk,  at  a 
salary  of  one  hundred  dollars  per  month ;  one  deputy  who  shall  be  a  file  clerk,  at 
a  salary  of  one  hundred  dollars  per  month;  one  deputy  who  shall  be  an  index 
clerk,  at  a  salary  of  one  hundred  dollars  per  month ;  one  deputy  who  shall  be  in 
charge  of  the  criminal  records,  at  a  salary  of  one  hundred  dollars  per  month; 
two  deputies  at  a  salary  of  one  hundred  dollars  each  per  month ;  one  deputy  who 
shall  be  assistant  clerk  of  the  board  of  supervisors,  at  a  salary  of  one  hundred 
dollars  per  month ;  one  deputy  who  shall  be  a  stenographer,  at  a  salary  of  one 
hundred  dollars  per  month ;  one  deputy  who  shall  be  a  stenographer  for  the  board 
of  supervisors,  at  a  salary  of 'one  hundred  dollars  per  month;  one  deputy  who 
shall  be  miscellaneous  department  clerk,  at  a  salary  of  one  hundred  and  fifteen 
dollars  per  month;  one  deputy  at  a  salary  of  one  hundred  and  fifteen  dollars 
per  month ;  six  deputies,  at  a  salary  of  seventy-five  dollars  each  per  month,  for 
not  exceeding  one  month  for  any  one  year.  The  salaries  of  the  deputies  and 
clerks  herein  provided  for  shall  be  paid  by  said  county  in  monthly  instalments 
at  the  same  time,  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of 
the  county  clerk  is  paid. 

2.  The  sheriff,  four  thousand  dollars  per  annum;  provided,  that  in  counties 
of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the  sheriff  an  under- 


232  SALARIES     OF     OFFICERS — STENOGRAPHER     AND     RECORDER. 

sheriff  and  the  following  deputies  and  stenographers  who  shall  be  appointed  by 
ihe  sheriff  of  said  county,  and  shall  be  paid  salaries  as  follows,  to  wit:  One 
under-sheriff,  at  a  salary  of  one  hundred  and  fifty  dollars  per  month ;  one  deputy 
who  shall  be  a  bookkeeper,  at  a  salary  of  one  hundred  and  twenty-five  dollars 
per  month ;  one  deputy  who  shall  be  an  assistant  bookkeeper,  at  a  salary  of  one 
hundred  and  ten  dollars  per  month ;  one  deputy  at  a  salary  of  one  hundred  and 
twenty-five  dollars  per  month;  ten  deputies  at  a  salary  of  one  hundred  dollars 
each  per  month ;  nine  deputies  who  shall  be  court  bailiffs,  at  a  salary  of  ninety 
dollars  each  per  month ;  five  deputies  who  shall  be  turnkeys  at  the  county  jail, 
at  a  salary  of  ninety  dollars  each  per  month ;  one  jail  matron,  at  a  salary  of  fifty 
dollars  per  month ;  one  stenographer,  at  a  salary  of  seventy-five  dollars  per  month. 
The  salaries  of  the  under-sheriff",  the  matron,  and  all  deputies  and  stenographers 
herein  provided  for  shall  be  paid  by  said  county  in  monthly  instalments  at  the 
same  time,  in  the  same  manner,  and  out  of  the  same  fund  that  the  salary  of  the 
sheriff  is  paid.  The  sheriff  shall  also  receive  the  amount  of  money  necessarily' 
expended  by  him  in  serving  all  processes  and  notices,  and  the  same  shall  be 
charged  against  the  county  and  allowed  as  such  by  the  board  of  supervisors,  and 
paid  as  other  county  charges  are  paid.  In  case  of  sale  of  property  on  fore- 
closure of  mortgage  or  on  execution,  the  sheriff  shall  be  entitled  to  receive  all 
necessary  expenses  of  keeping  the  property  and  of  advertising  the  sale. 

3.  The  recorder,  three  thousand  six  hundred  dollars  per  annum ;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  the 
recorder  the  following  deputies  and  copyists,  who  shall  be  appointed  by  the 
recorder  of  said  county  and  shall  be  paid  salaries  as  follows :  One  chief  deputy, 
at  a  salary  of  one  hundred  and  fifty  dollars  per  month;  two  deputies  at  a 
salary  of  one  hundred  and  twenty-five  dollars  each  per  month;  four  deputies, 
at  a  salary  of  one  hundred  dollars  each  per  month;  ten  deputies,  at  a  salary 
of  ninety  dollars  each  per  month ;  and  as  many  copyists  as  may  be  required, 
who  shall  receive  as  compensation  for  their  services  the  sum  of  seven  cents 
per  folio  for  recording  any  instrument  and  notice,  except  maps  or  plats;  for 
copies  of  any  record  or  paper,  seven  cents  per  folio.  The  salaries  and  com- 
pensation of  all  deputies  and  copyists  herein  provided  for  shall  be  paid  by 
the  county  in  monthly  instalments,  at  the  same  time,  in  the  same  manner, 
and  out  of  the  same  fund  as  the  salary  of  the  county  recorder  is  paid. 

4.  The  auditor,  three  thousand  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
auditor  the  following  deputies,  clerks  and  assistants,  who  shall  be  appointed 
by  the  auditor,  and  who  shall  be  paid  salaries  as  follows:  One  chief  deputy 
at  a  salary  of  one  hundred  and  fifty  dollars  per  month;  one  deputy  at  a  salary 
of  one  hundred  and  twenty-five  dollars  per  month;  two  deputies,  at  a  salary 
of  one  hundred  and  ten  dollars  each  per  month ;  four  deputies,  at  a  salary  of 
one  hundred  dollars  each  per  month;  and  forty  clerks  at  a  salary  of  ninety, 
dollars  each  per  month,  for  not  to  exceed  one  month  each  in  any  one  year; 
and  such  additional  assistants  as  the  auditor  may  require,  and  whose  com- 
pensation in  the  aggregate  shall  not  exceed  the  sum  of  one  thousand  two 
hundred  and  fifty  dollars  in  any  one  year.  The  salaries  of  the  deputies,  clerks 
and  assistants  herein  provided  for  shall  be  paid  by  the  county  in  monthly 


SALARIES     OF     OFFICERS — TREASURER,    TAX    COLLECTOR,    ETC.  233 

instalments,  at  the  same  time,  in  the  same  manner,  and  out  of  the  same  fund 
as  the  salary  of  the  auditor  is  paid. 

5.  The  treasurer,  three  thousand  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
treasurer  the  following  deputies,  who  shall  be  appointed  by  the  treasurer, 
and  who  shall  be  paid  salaries  as  follows:  One  chief  deputy,  at  a  salary  of 
one  hundred  and  fifty  dollars  per  month;  one  deputy  at  a  salary  of  one  hun- 
dred and  fifteen  dollars  per  month ;  and  one  deputy  at  a  salary  of  one  hundred 
dollars  per  month.  The  salaries  of  the  deputies  herein  provided  for  shall  be 
paid  by  said  county  in  monthly  instalments,  at  the  same  time,  in  the  same 
manner,  and  out  of  the  same  fund  as  the  salary  of  the  treasurer. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars  per  annum,  which 
shall  be  in  full  compensation  for  all  services  rendered  by  him;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
tax  collector  the  following  deputies,  stenographers  and  clerks,  who  shall 
be  appointed  by  the  tax  collector,  and  who  shall  be  paid  salaries  as  follows : 
One  chief  deputy,  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  deputy  who  shall  be  chief  report  clerk,  at  a  salary  of  one  hundred  and 
fifteen  dollars  per  month;  one  deputy  who  shall  be  report  clerk,  at  a  salary 
of  one  hundred  and  ten  dollars  per  month;  one  deputy  who  shall  be  cashier, 
at  a  salary  of  one  hundred  and  fifteen  dollars  per  month;  one  deputy  who 
shall  be  the  general  clerk,  at  a  salary  of  one  hundred  and  fifteen  dollars  per 
month ;  one  deputy  who  shall  be  the  correspondence  clerk,  at  a  salary  of  one 
hundred  and  ten  dollars  per  month;  one  deputy  who  shall  be  a  license  clerk, 
at  a  salary  of  one  hundred  dollars  per  month ;  and  two  deputies  who  shall  be 
license  inspectors,  at  a  salary  of  ninety  dollars  each  per  month;  five  clerks, 
at  a  salary  of  ninety  dollars  each  per  month ;  one  deputy  who  shall  be  book- 
keeper, at  a  salary  of  one  hundred  and  ten  dollars  per  month;  one  deputy 
who  shall  be  sale  and  redemption  clerk,  at  a  salary  of  one  hundred  dollars 
per  month;  one  stenographer,  at  a  salary  of  seventy-five  dollars  per  month; 
four  clerks  for  a  period  not  to  exceed  six  months  in  any  one  year,  at  a  salary 
of  ninety  dollars  each  per  month ;  forty-five  clerks  for  a  period  not  to  exceed 
f^ur  months  in  any  one  year,  at  a  salary  of  ninety  dollars  each  per  month. 
There  is  also  allowed  not  to  exceed  four  hundred  dollars  for  traveling  ex- 
penses of  said  license  tax  collector  each  year.  The  salaries  of  the  deputies, 
clerks  and  stenographers  herein  provided  for  shall  be  paid  by  said  county 
in  monthly  instalments,  at  the  same  time,  in  the  same  manner,  and  out  of  the 
same  fund  as  the  salary  of  the  tax  collector. 

7.  The  district  attorney,  four  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
district  attorney  the  following  deputies  and  employees,  who  shall  be  appointed 
by  the  district  attorney  of  said  county,  and  who  shall  be  paid  salaries  as 
follows:  One  assistant  district  attorney,  at  a  salary  of  two  hundred  dollars 
per  month;  one  chief  deputy,  at  a  salary  of  one  hundred  and  seventy-five 
dollars  per  month;  six  deputies,  at  a  salary  of  one  hundred  and  fifty  dollars 
each  per  month;  two  stenographers,  at  a  salary  of  one  hundred  dollars 
each  per  month ;  one  detective,  at  a  salary  of  one  hundred  dollars  per  month, 
who  shall  assist  the  district  attorney  in  the  detection  of  crime  and  the  prose- 


234  SALARIES     OF     OFFICERS — ATTORNEY    AND     ASSESSOR. 

cution  of  criminal  cases;  provided  further,  that  nothing  herein  contained 
shall  be  construed  to  prevent  the  board  of  supervisors  of  said  counties  of 
this  class  from  employing  special  counsel  when,  in  the  judgment  of  said 
board,  the  interests  of  said  counties  require  it.  The  salaries  of  the  assistants, 
deputies,  stenographers,  special  counsel  and  detective  herein  provided  for 
shall  be  paid  by  the  county  in  monthly  instalments,  at  the  same  time,  in  the 
same  manner,  and  out  of  the  same  fund  as  the  salary  of  the  district  attorney. 

8.  The  assessor,  three  thousand  six  hundred  dollars  per  annum,  which  shall 
be  in  full  compensation  for  all  services  rendered  by  him;  provided,  that  in 
counties  of  this  class  there  shall  be  and  hereby  is  allowed  to  the  assessor 
the  following  deputies,  clerks,  stenographer  and  copj'ists,  who  shall  be  ap- 
pointed by  the  assessor,  and  who  shall  be  paid  salaries  as  follows :  One  chief 
deputy,  at  a  salary  of  one  hundred  and  fifty  dollars  per  month;  two  deputies, 
at  a  salary  of  one  hundred  and  fifteen  dollars  each  per  month ;  seven  deputies, 
at  a  salary  of  ninety  dollars  each  per  month;  thirty  field  deputies  for  not 
exceeding  four  months  in  any  one  year,  at  a  salary  of  ninety  dollars  each 
per  month;  thirty  field  deputies  for  not  exceeding  two  months  in  any  one 
year,  at  a  salary  of  one  hundred  dollars  each  per  month;  eight  field  deputies 
for  not  exceeding  four  months  in  any  one  year,  at  a  salary  of  one  hundred 
dollars  each  per  month;  ten  field  deputies  for  not  exceeding  four  months  in 
any  one  year,  at  a  salary  of  ninety  dollars  each  per  month ;  nine  deputies  for  not 
exceeding  four  months  in  any  one  year,  at  a  salary  of  ninety  dollars  each  per 
month;  five  copyists  for  not  exceeding  four  months  in  any  one  year,  at  a 
salary  of  seventy-five  dollars  each  per  month ;  twenty-five  copyists  for  not 
exceeding  three  months  in  any  one  year,  at  a  salary  of  seventy-five  dollars 
each  per  month;  eight  copyists  for  not  exceeding  seven  months  in  any  one 
year,  at  a  salary  of  seventy-five  dollars  each  per  month;  six  deputies  who 
shall  be  comparers  for  not  to  exceed  two  months  in  any  one  year,  at  a  salary 
of  ninety  dollars  each  per  month ;  two  deputies  who  shall  be  photographers 
for  not  to  exceed  eight  months  in  any  one  year,  at  a  salary  of  one  hundred 
dollars  each  per  month ;  one  stenographer,  at  a  salary  of  seventy-five  dollars 
per  month ;  there  is  also  allowed  not  to  exceed  five  hundred  dollars  for  travel- 
ing expenses  of  the  said  assessor  or  his  deputies  each  year.  The  salaries  of 
the  deputies,  stenographer,  clerks  and  copyists  herein  provided  for  shall  be 
paid  by  said  county  in  monthly  instalments,  at  the  same  time,  in  the  same 
manner,  and  out  of  the  same  fund  as  the  salary  of  the  county  assessor  is 
paid.  It  is  further  provided,  that  in  counties  of  this  class,  the  assessor  shall 
receive  no  commission  for  his  collection  of  taxes  on  personal  property,  nor 
shall  such  assessor  receive  any  compensation  or  commission  for  the  collection 
of  poll-taxes  or  road  poll-taxes,  nor  shall  the  said  assessor  receive  any  com- 
pensation for  making  out  the  military  roll  of  persons  returned  to  him  as 
subject  to  military  duty,  as  provided  by  section  nineteen  hundred  and  one 
of  the  Political  Code ;  provided,  however,  that  fifteen  per  centum  of  all  moneys 
collected  by  him  for  poll-taxes  and  road  poll-taxes  shall  be  allowed  to  such 
counties  on  their  settlement  with  the  state,  and  be  and  remain  the  property 
of  such  counties. 

9.  The  coroner,  three  thousand  dollars  per  year,  and  his  actual  necessary 
expenses  in  traveling  outside  of  the  county  seat.     He  must  hold  inquests  as 


SALARIES     OF     OFFICERS — CORONER,     ADMINISTRATOR,     ETC.  235 

prescribed  by  chapter  two,  title  twelve,  part  two  of  the  Penal  Code,  except 
that  he  may,  in  his  discretion,  dispense  with  a  jury.  The  coroner  or  other 
officer  holding  an  inquest  upon  the  body  of  a  deceased  person  may  subpoena 
a  physician  or  surgeon  to  inspect  the  body,  or  chemist  to  make  an  analysis 
of  the  contents  of  the  stomach  or  tissues  of  the  body,  or  hold  a  post-mortem 
examination  of  the  deceased,  and  give  his  professional  opinion  as  to  the  cause 
of  death.  The  coroner,  in  counties  of  this  class,  shall  be  and  is  hereby  allowed 
the  following  assistants:  One  stenographer,  at  a  salary  of  two  hundred  dol- 
lars per  month,  who  shall,  when  directed  by  the  coroner,  take  down  in 
shorthand  the  testimony  of  witnesses  at  inquests,  and  under  the  direction 
of  the  coroner  transcribe  the  same  into  longhand,  and  file  a  certified  copy 
Thereof  with  the  county  clerk,  and  the  coroner  may  also  appoint  such  stenog- 
rapher as  his  deputy;  one  clerk,  at  a  salary  of  one  hundred  dollars  per 
month,  who  shall  also  act  as  messenger,  and  perform  such  other  duties  as  the 
coroner  may  direct.  The  salaries  of  the  stenographer  and  clerk  herein  pro- 
vided shall  be  paid  by  the  county  in  the  same  manner,  at  the  same  time,  and 
out  of  the  same  fund  as  the  salary  of  the  coroner. 

10.  The  public  administrator,  three  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed  to  the 
public  administrator  one  clerk,  at  a  salary  of  one  hundred  dollars  per  month, 
and  the  salary  of  said  clerk  shall  be  paid  by  the  county  in  the  same  manner, 
at  the  same  time,  and  out  of  the  same  fund  as  the  salary  of  the  public  admin- 
istrator. 

11.  The  superintendent  of  schools,  three  thousand  dollars  per  annum,  which 
shall  be  in  full  for  all  services,  including  attendance  upon  the  board  of  educa- 
tion, and  actual  necessary  traveling  expenses  not  to  exceed  five  dollars  for 
every  school  district  in  the  county;  provided,  that  in  counties  of  this  class, 
there  shall  be  and  there  hereby  is  allowed  to  the  superintendent  of  schools, 
the  following  assistants  and  deputies  who  shall  be  appointed  by  the  superin- 
tendent of  schools  of  said  county,  and  who  shall  be  paid  salaries  as  follows : 
One  assistant  who  shall  be  chief  deputy,  at  a  salary  of  one  hundred  and  fifty 
dollars  per  month ;  one  deputy  at  a  salary  of  one  hundred  and  fifteen  dollars 
per  month;  one  deputy,  at  a  salary  of  one  hundred  dollars  per  month;  and 
one  deputy  at  a  salary  of  ninety  dollars  per  month.  The  salaries  of  the 
assistants  and  deputies  herein  provided  for  shall  be  paid  by  the  county  at 
the  same  time,  in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of 
the  superintendent  of  schools. 

12.  The  health  officer,  one  thousand  two  hundred  dollars  per  annum,  and 
special  health  officers,  when  appointed  as  in  this  act  provided,  ten  dollars  each 
per  day ;  provided,  that  not  more  than  five  hundred  dollars  per  annum  shall  be 
paid  or  expended  in  any  one  year  in  payment  of  special  health  officers.  The 
salary  of  the  health  officer  and  special  health  officers  shall  be  paid  by  the 
county  in  the  same  manner,  and  at  the  same  time,  as  the  salaries  of  other 
county  officers  are  paid. 

12^^.  Each  member  of  the  county  board  of  education,  except  the  secretary 
thereof,  five  dollars  for  each  session  of  the  board  attended,  not  exceeding  a 
total  of  four  hundred  dollars  to  any  member  in  one  year.  In  addition,  each 
member  shall  be  entitled  to  mileage  at  the  rate  of  ten  cents  per  mile,  for  one 


236  SALARIES     OF     OFFICERS — SURVEYOR    AND     SUPERVISORS. 

way  only,  while  attending  the  regular  sessions.  Said  compensation  of  the 
members  of  the  board  of  education  shall  be  payable  monthly  and  out  of  the 
same  funds,  and  in  the  same  manner  as  the  salary  of  the  county  superintendent 
of  schools  is  paid.  Said  compensation  shall  be  in  full  payment  for  all  services 
rendered. 

13.  The  surveyor,  three  thousand  six  hundred  dollars  per  annum,  and  in 
addition  thereto  all  necessary  expenses  and  transportation  for  work  performed 
in  the  field;  provided,  that  in  counties  of  this  class,  there  shall  be  and  there 
hereby  is  allowed  to  the  surveyor  one  chief  deputy,  and  ten  deputies  who  shall 
be  draftsmen,  and  who  shall  be  appointed  by  the  surveyor  of  said  county 
and  shall  be  paid  salaries  as  follows:  One  chief  deputy,  at  a  salary  of  one 
hundred  and  seventy-five  dollars  per  month;  five  draftsmen,  at  a  salary  of 
one  hundred  and  twenty-five  dollars  each  per  month ;  four  draftsmen,  at 
a  salary  of  one  hundred  dollars  each  per  month;  one  draftsman,  at  a  salary 
of  eighty  dollars  per  month.  The  salaries  of  said  surveyor  and  said  deputies 
and  draftsmen  herein  provided  for  shall  be  paid  by  said  county  in  monthly 
instalments  at  the  same  time,  and  in  the  same  manner  as  the  deputies  of  other 
county  officers  are  paid. 

14.  Supervisors,  one  thousand  eight  hundred  dollars  per  annum,  together 
with  mileage  at  the  rate  of  ten  cents  per  mile  for  each  mile  actually  traveled 
by  them  in  the  discharge  of  their  duties,  either  as  road  commissioners  or 
supervisors,  not  exceeding  in  the  aggregate,  seven  hundred  and  fifty  dollars 
each  per  annum.  They  shall  also  receive  their  necessary  expenses  when  attend- 
ing meetings  of  the  state  board  of  equalization;  and  provided  further,  that 
there  shall  be  and  hereby  is  allowed  to  the  board  of  supervisors  the  following 
clerks:  One  clerk,  at  a  salary  of  ninety  dollars  per  month;  one  clerk,  at  a 
salary  of  one  hundred  and  ten  dollars  per  month ;  one  clerk,  at  a  salary  of  one 
hundred  dollars  per  month ;  one  clerk  who  shall  be  superintendent  of  charities, 
at  a  salary  of  one  hundred  dollars  per  month ;  two  clerks  who  shall  be  assist- 
ants to  the  superintendent  of  charities,  at  a  salary  of  seventy-five  dollars  each 
per  month;  fourteen  clerks  for  not  exceeding  thirty  days  in  any  one  year,  at 
a  salary  of  four  dollars  each  per  day,  to  assist  said  board  while  sitting  as  a 
board  of  equalization;  and  in  addition  to  the  clerks  hereinbefore  provided 
for,  in  years  when  the  general  election  is  held  within  the  state,  there  shall  be 
and  hereby  is  allowed  to  said  board  of  supervisors  fifteen  clerks  for  not  to 
exceed  fifteen  days  in  such  years,  at  a  compensation  of  four  dollars  each  per 
day.  Such  clerks  shall  be  appointed  by  the  board  of  supervisors  and  shall 
be  paid  by  said  county  in  the  same  manner,  at  the  same  time  and  out  of  the 
same  fund  as  other  clerks  of  the  county  officers  are  paid ;  and  still  further 
provided,  that  from  and  after  the  first  Monday  after  the  first  day  of  January 
in  the  year  one  thousand  nine  hundred  and  nine,  supervisors  in  counties  now 
of  this  class  shall  receive  as  compensation  for  the  services  required  of  them  by 
law,  a  salary  of  two  thousand  four  hundred  dollars  each  per  annum,  together 
with  mileage  at  the  rate  of  ten  cents  per  mile  for  each  mile  actually  traveled 
by  them  in  the  discharge  of  their  duties,  either  as  road  commissioners  or  super- 
\isors,  not  exceeding  in  the  aggregate  seven  hundred  and  fifty  dollars  each 
per  annum,  and  they  shall  also  receive  their  necessary  expenses  when  attend- 
ing meetings  of  the  state  board  of  equalization. 


SALARIES     OF     OFFICERS — JUSTICES     AND     CONSTABLES.  237 

15.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law;  provided,  that  no  justice  of  the  peace  shall  receive  more  than  one  thou- 
sand five  hundred  dollars  per  annum,  which  may  be  paid  in  monthly  instalments 
of  not  exceeding  one  hundred  and  twenty-five  dollars  per  month,  for  all  services 
rendered  by  him  in  criminal  cases,  or  in  actions  or  proceedings  to  which  the 
people  of  the  state  of  California  are  or  may  be  parties ;  and  no  claim  of  any  such 
justice  of  the  peace  in  excess  of  said  sum  of  one  thousand  five  hundred  dollars 
per  annum,  or  the  instalments  thereof  as  aforesaid,  shall  be  allowed  or  paid ;  but 
all  fines  and  fees  collected  by  every  such  justice  on  the  account  aforesaid  shall 
belong  to  and  be  the  property  of  the  county  in  which  such  justice  exercises  his 
jurisdiction.  And  each  of  such  justices  shall  report,  under  oath,  on  the  first 
Monday  of  each  month,  to  the  board  of  supervisors  of  such  county,  the  amount  of 
all  fines  and  fees  collected  by  him,  on  the  account  aforesaid,  during  the  preceding 
month,  and  shall,  on  said  date,  deposit  with  the  county  treasurer,  to  the  credit  of 
the  county,  all  such  fines  and  fees  as  may  be  shown  by  said  report  to  have  been 
collected  by  him.  He  shall  also  transmit  the  treasurer's  receipt  for  said  payment 
to  said  board,  with  the  said  report ;  provided  further,  that  the  boards  of  super- 
visors of  such  counties  may,  in  townships  having  a  population  of  more  than 
thirty-five  thousand,  provide  such  justices,  or  any  of  them,  with  an  ofiice  and  the 
necessary  furniture  and  supplies  for  the  justice's  court;  and  provided  further, 
that  the  boards  of  supervisors  in  said  counties  and  in  townships  having  more 
than  thirty-five  thousand  inhabitants,  shall,  upon  the  recommendation  of  the 
township  justice  or  justices,  appoint  a  clerk  for  each  of  the  justice's  court, 
M'hich  clerks  shall  each  hold  office  for  the  term  of  two  years  from  and  after 
appointment,  and  shall  receive  a  salary  of  one  hundred  dollars  per  month  each, 
payable  in  like  manner,  at  like  times,  and  out  of  the  same  fund  as  county  officers 
are  paid  by  the  county ;  said  clerks  shall  each  take  and  file  an  oath  of  office  in 
like  manner  as  county  officers,  and  after  being  appointed  and  qualifying  as 
hereinbefore  prescribed,  shall  have  power  to  administer  and  certify  oaths  to 
affidavits,  and  all  papers,  documents,  or  instruments  used  in  or  in  connection 
with  the  actions  and  proceedings  of  such  justice's  court.  Such  clerks  shall 
perform  such  other  clerical  service  as  may  be  required  of  them  by  the  justice  or 
justices. 

16.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law; 
provided,  that  no  constable  shall  receive  more  than  one  thousand  two  hundred 
dollars  per  annum,  which  may  be  paid  in  monthly  instalments  of  not  exceeding 
one  hundred  dollars  per  month,  for  all  services  rendered  by  him  in  all  criminal 
cases  or  in  actions  or  proceedings  to  which  the  people  of  the  state  of  California 
are,  or  may  be,  made  parties ;  and  all  fees  collected  by  such  constable  on  account 
of  services  rendered  in  criminal  cases  or  proceedings,  to  which  the  people  of  the 
state  of  California  are  parties,  shall  belong  to  and  be  the  property  of  the  county 
in  which  said  constable  has  been  elected  or  appointed ;  provided  further,  that 
the  constable  shall  be  allowed  the  actual  fare  and  expenses  incurred  in  trans- 
porting prisoners  to  the  county  jail;  and  provided  further,  that  in  counties  of 
this  class  and  in  townships  having  more  than  thirty-five  thousand  inhabitants, 
there  shall  be,  and  there  is  hereby  allowed  to  such  constable,  one  deputy  who 
shall  be  appointed  by  the  constable,  and  shall  receive  a  salary  of  seventy-five 
dollars  per  month,  payable  in  like  manner  and  at  like  times,  and  out  of  the  same 


238  SALARIES     OF    OFFICERS — THIRD     CLASS — CLERK    AND     SHERIFF. 

fund  as  the  county  officers  are  paid  by  the  county ;  said  deputy  shall  take  and  file 
an  oath  of  office  in  like  manner  as  county  officers.  Each  constable  shall  report 
under  oath  on  the  first  Monday  of  each  month  to  the  board  of  supervisors  of  such 
county,  the  amount  of  all  fees  collected  by  him  for  all  services  rendered  in  all 
criminal  cases,  or  in  actions  or  proceedings  to  which  the  people  of  the  state  of 
California  are,  or  may  be,  made  parties,  during  the  preceding  month,  and  shall, 
on  said  date,  deposit  with  the  county  treasurer  to  the  credit  of  the  county  all  such 
fees  as  may  be  shown  by  said  report  to  have  been  collected  by  him  on  account  of 
the  aforesaid.  He  shall  also  transmit  the  treasurer's  receipt  for  said  payment 
to  said  board  with  said  report.     [Amendment,  Stats.  1905,  511.] 

§  160.  In  counties  of  the  third  class  the  county  officers  shall  receive  as  com- 
pensation for  the  services  required  of  them  by  law,  or  by  virtue  of  their  office, 
the  following  salaries : 

1.  The  county  clerk,  four  thousand  ($4,000.00)  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
county  clerk  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen 
hundred  ($1800.00)  dollars  per  annum;  five  court-room  deputies  whose  salaries 
are  hereby  fixed  at  the  sum  of  fifteen  hundred  ($1500.00)  dollars  per  annum 
each ;  one  deputy,  whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred 
($1500.00)  dollars  per  annum;  four  deputies,  whose  salaries  are  hereby  fixed 
at  the  sum  of  twelve  hundred  ($1200.)  dollars  per  annum  each;  and  one  copyist, 
whose  salary  is  hereby  fixed  at  the  sum  of  twelve  hundred  ($1200)  dollars  per 
annum;  the  chief  deputy,  ten  deputies,  and  one  copyist  herein  provided  for  shall 
be  appointed  by  the  clerk  of  said  county,  and  their  salaries  shall  be  paid  by 
said  county  in  equal  monthly  instalments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  is  the  salary  of  county  clerk;  provided 
further,  that  in  such  years  as  the  compilation  of  a  great  register  of  voters  is 
required  by  law  to  be  made,  the  county  clerk,  in  counties  of  this  class,  shall  be 
and  he  is  hereby  allowed  the  following  additional  help :  One  clerk  for  a  period 
of  and  not  exceeding  six  months,  whose  salary  is  hereby  fixed  at  one  hundred 
and  twenty-five  ($125.00)  dollars  per  month;  four  clerks,  for  a  period  of  and 
not  exceeding  four  months,  whose  salaries  are  hereby  fixed  at  one  hundred 
($100.00)  dollars  each  per  month.  Such  clerks  shall  be  appointed  by  the  county 
clerk  of  such  counties  and  during  their  respective  periods  of  employment  their 
salaries  shall  be  paid  by  such  county  in  equal  monthly  instalments  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  is  the  salary  of  the 
county  clerk  of  such  counties. 

2.  The  sheriff,  four  thousand  ($4,000)  dollars  per  annum;  provided,  that 
there  shall  be  and  hereby  is  allowed  to  the  sheriff  one  under-sheriff',  whose  salary 
is  hereby  fixed  at  the  sum  of  two  thousand  four  hundred  ($2,400)  dollars  per 
annum ;  one  bookkeeper,  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen 
hundred  ($1800)  dollars  per  annum;  one  chief  jailer,  whose  salary  is  hereby  fixtid 
at  the  sum  of  fifteen  hundred  ($1500.)  dollars  per  annum;  two  assistant  jailers, 
whose  salaries  are  hereby  fixed  at  the  sum  of  twelve  hundred  ($1200.)  dollars 
per  annum  each ;  five  bailiffs,  whose  salaries  are  hereby  fixed  at  the  sum  of  twelve 
hundred  ($1200.)  dollars  per  annum  each;  one  office  deputy,  whose  salary  is 
hereby  fixed  at  the  sum  of  twelve  hundred  ($1200.)  dollars  per  annum;  one 
matron  for  the  jail,  whose  salary  is  hereby  fixed  at  the  sum  of  six  hundred 


SALARIE:S     of     officers— recorder    and     auditor.  239 

($600.)  dollars  per  annum;  and  one  stenographer,  whose  salary  is  hereby  fixed 
at  the  sum  of  six  hundred  ($600.)  dollars  per  annum;  the  under-sheriff,  book- 
keeper, chief  jailer,  office  deputies,  assistant  jailers,  bailiffs,  matron  for  jail,  and 
stenographer,  herein  provided  for  shall  be  appointed  by  the  sheriff;  and  their 
salaries  shall  be  paid  by  said  county  in  equal  monthly  instalments,  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
sheriff;  provided,  that  in  counties  of  this  class  the  sheriff'  shall  be  allowed  no 
compensation  or  profit  for  feeding  prisoners  in  the  county  jail,  but  that  he  shall 
file,  monthly,  with  the  county  auditor,  a  verified  statement,  showing  the  names  of 
persons  and  amounts  paid  to  each  for  expense  of  feeding  such  prisoners,  and 
the  sheriff  shall  thereupon  pay  over  to  the  county  treasurer,  for  the  use  of  the 
county,  any  difference  between  the  amount  allowed  for  such  purpose  by  the 
supervisors  and  the  amount  actually  expended  by  him  therefor.  The  sheriff 
shall  also  receive  the  amount  of  money  necessarily  expended  by  him  in  serving 
all  process  and  notices  and  all  expenses  necessarily  incurred  by  him  in  the  pursuit 
of  criminals  within  his  county,  and  the  same  shall  be  a  charge  against  the  county 
and  allowed  as  such  by  the  board  of  supervisors,  and  paid  as  other  county 
charges  are  paid. 

3.  The  recorder,  four  thousand  ($4000)  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the  recorder 
the  following  deputies  and  copyists,  who  shall  be  appointed  by  the  recorder  in 
such  county,  and  shall  be  paid  salaries  and  compensations  as  follows :  One  chief 
deputy,  at  a  salary  of  eighteen  hundred  ($1800)  dollars  per  annum ;  one  index 
deputy,  whose  salary  is  hereby  fixed  at  fifteen  hundred  ($1500)  dollars 
per  annum ;  three  deputies,  whose  salaries  are  hereby  fixed  at  twelve  hundred 
($1200)  dollars  per  annum  each;  and  one  mortgage  deputy,  whose  salary  is 
hereby  fixed  at  twelve  hundred  ($1200)  dollars  per  annum;  provided  further, 
that  the  chief  deputy,  index  deputy,  three  deputies,  and  one  mortgage  deputy 
herein  provided  for  shall  be  appointed  by  the  recorder  of  said  county,  and  their 
salaries  shall  be  paid  by  said  county  in  equal  monthly  instalments,  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
recorder;  provided  further,  that  in  counties  of  this  class  the  recorder  shall  be 
entitled  to  the  actual  cost  incurred  by  him  for  the  recording  of  all  papers  and 
documents  in  his  office,  not  exceeding  eight  cents  per  folio  for  each  paper  or 
document  so  recorded;  and  provided  further,  that  said  recorder  shall  file 
monthly,  with  the  county  auditor,  a  verified  statement,  showing  in  detail  the 
persons  and  the  amounts  paid  to  each  for  such  recording. 

4.  The  auditor,  thirty-six  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  hereby  is  allowed  to  the  auditor  one 
chief  deputy,  who  shall  be  appointed  by  the  auditor  of  said  county,  and  whose 
salary  is  hereby  fixed  at  the  sum  of  eighteen  hundred  dollars  per  annum;  one 
deputy,  who  shall  be  appointed  by  the  auditor  of  such  county,  and  whose  salary 
is  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  per  annum ;  one  clerk,  whose 
salary  is  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  per  annum,  and  such 
additional  assistance  as  the  auditor  may  appoint,  and  whose  compensation  shall 
not  in  the  aggregate  exceed  the  sum  of  one  thousand  dollars  per  annum;  and 
provided,  that  the  auditor  shall  file  with  the  county  clerk  a  verified  statement, 
showing  in  detail  the  amounts  paid,  and  the  persons  to  whom  said  compensation 


240  SALARIES     OP    OFFICERS — TREASURER,    TAX     COLLECTOR,    ETC. 

is  paid,  for  such  extra  assistance  as  aforesaid.  The  salaries  herein  provided  for 
shall  be  paid  by  the  said  county  in  equal  monthly  instalments,  at  the  same  time 
and  in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the  auditor. 

5.  The  treasurer,  three  thousand  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  hereby  is  allowed  to  the  treasurer 
one  chief  deputy,  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hundred 
dollars  per  annum,  and  one  deputy,  whose  salary  is  hereby  fixed  at  the  sum  of 
twelve  hundred  dollars  per  annum,  which  sum  shall  be  paid  by  said  county  in 
equal  monthly  instalments,  at  the  same  time,  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  treasurer ;  provided,  that  the  chief  deputy 
and  the  deputy  herein  provided  for,  shall  be  appointed  by  the  treasurer  of  such 
county. 

6.  The  tax  collector,  three  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the  tax  col- 
lector one  chief  deputy,  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen 
hundred  dollars  per  annum,  three  deputies,  whose  salaries  are  hereby  fixed  at  the 
sum  of  twelve  hundred  dollars  each  per  annum,  and  one  stenographer  whose 
salary  is  hereby  fixed  at  the  sum  of  six  hundred  ($600)  dollars  per  annum; 
provided  further,  that  there  shall  be  and  there  hereby  is  allowed  to  the  tax  col- 
lector not  to  exceed  two  extra  deputy  [deputies]  for  the  month  of  April  of  each 
year,  whose  salaries  shall  be  one  hundred  dollars  for  such  month,  and  three  extra 
deputies  for  the  month  of  July  of  each  year,  whose  salaries  shall  be  one  hundred 
dollars  each  for  such  month,  and  five  extra  deputies  for  the  month  of  August 
of  each  year,  whose  salaries  shall  be  one  hundred  dollars  each  for  such  month, 
and  six  extra  deputies  for  the  month  of  September  of  each  year,  whose  salaries 
shall  be  one  hundred  dollars  each  for  such  month,  and  seven  extra  deputies  for  the 
month  of  October  of  each  year,  whose  salaries  shall  be  one  hundred  dollars  each 
for  such  month,  and  not  to  exceed  twelve  extra  deputies  for  the  month  of  No- 
vember of  each  year,  whose  salaries  shall  be  one  hundred  dollars  each  for  such 
month ;  provided  further,  that  the  chief  deputy,  the  stenographer,  and  all  other 
deputies  herein  provided  for,  shall  be  appointed  by  the  tax  collector  of  said 
county,  and  the  salaries  of  said  chief  deputy  and  all  other  deputies  herein  pro- 
vided for  shall  be  paid  by  said  county,  during  the  time  which  they  shall  hold 
office,  as  herein  provided,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  tax  collector. 

7.  The  license  collector  shall  receive  fifteen  per  centum  of  all  licenses  col- 
lected by  him. 

8.  The  assessor,  four  thousand  dollars  per  annum ;  provided,  that  in  counties 
of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the  assessor  the  fol- 
lowing deputies,  who  shall  be  appointed  by  the  assessor  and  shall  be  paid  salaries 
as  follows:  One  chief  deputy  assessor,  at  twenty-four  hundred  dollars  per 
annum ;  one  deputy  assessor,  at  fifteen  hundred  dollars  per  annum ;  one  mort- 
gage deputy  assessor,  at  tw^elve  hundred  dollars  per  annum ;  one  transfer  deputy 
assessor,  at  twelve  hundred  dollars  per  annum ;  seven  outside  field  deputy  assess- 
ors, at  one  hundred  and  twenty-five  dollars  each  per  month  not  exceeding  six 
months  in  any  one  year ;  one  stenographer,  at  six  hundred  dollars  per  annum ; 
six  field  deputy  assessors,  for  not  exceeding  four  months  in  any  one  year,  at  one 
hundred  dollars  each  per  month;  one  cashier,  for  not  exceeding  seven  months 


SAL,ARIE:S     of     officers — assessor     AJVD     district     attorney.  241 

in  any  one  year,  at  a  salary  of  one  hundred  and  twenty-five  dollars  per  month ; 
eight  copyists,  for  not  exceeding  four  months  in  any  one  year,  at  a  salary  of  one 
hundred  dollars  each  per  month;  five  extra  deputy  assessors,  for  not  exceeding 
four  months  in  any  one  year,  at  a  salary  of  one  hundred  dollars  each  per  month, 
and  such  additional  assistance  as  the  assessor  may  appoint  and  whose  compensa- 
tion shall  not  in  the  aggregate  exceed  the  sum  of  forty-five  hundred  dollars  per 
annum ;  and  provided,  that  the  assessor  shall  file  with  the  county  auditor  a 
verified  statement  showing  in  detail  the  amounts  paid  and  the  persons  to  whom 
such  compensation  is  paid  for  such  extra  assistance,  as  aforesaid.  The  salaries 
herein  provided  for  shall  be  paid  by  the  said  county  in  monthly  instalments,  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of 
the  assessor  is  paid ;  it  is  hereby  further  provided,  that  in  counties  of  this  class 
the  assessor  shall  receive  commissions  for  his  collections  of  taxes  on  personal 
property,  and  such  assessor  shall  receive  compensation  or  commission  for  the 
colle<;tion  of  poll-taxes,  or  road  poll-taxes,  but  the  said  assessor  shall  not  receive 
compensation  for  making  out  the  military  roll  of  persons  returned  by  him  as 
subject  to  military  duty  as  provided  by  section  nineteen  hundred  and  one  of 
the  Political  Code ;  provided,  however,  that  should  the  assessor  be  directed  by 
any  law,  or  by  any  order  of  the  board  of  supervisors,  or  by  any  municipality 
within  said  counties  of  the  third  class,  to  prepare  maps,  plats  or  block-books 
for  the  use  of  the  county,  or  assessment  rolls  for  the  use  of  any  municipality, 
then  said  assessor  shall  make  such  maps,  plats  or  block-books,  or  assessment 
rolls,  but  shall  only  receive  the  actual  cost  by  him  incurred  in  making  or  pre- 
paring such  maps,  plats  or  block-books  or  assessment  rolls;  and  provided  fur- 
ther, that,  he  shall  file  with  the  county  auditor  a  sworn  statement  showing  the 
persons  to  whom,  and  the  amounts  paid  to  each,  for  such  maps,  plats  or  block- 
books,  or  assessment  rolls,  and  he  shall  account  forthwith  and  pay  over  to  the 
county  any  difference  between  such  cost  and  the  amount  allowed  him  for  such 
v/ork. 

9.  The  district  attorney,  four  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the  district 
attorney  one  chief  deputy  district  attorney,  whose  salary  is  hereby  fixed  at  two 
thousand  dollars  per  annum ;  three  deputy  district  attorneys,  whose  salaries  are 
hereby  fixed  at  fifteen  hundred  dollars  per  annum  each;  and  one  clerk,  whose 
salary  is  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  per  annum ;  provided 
further,  that  the  chief  deputy  district  attorney,  and  three  deputy  district 
attorneys,  and  clerk  shall  be  appointed  by  the  district  attorney  and  their  salaries 
shall  be  paid  by  said  county  in  equal  monthly  instalments,  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  district  attor- 
ney; provided  further,  that  in  counties  of  this  class  there  shall  be  and  there 
hereby  is  allowed  to  the  district  attorney  a  stenographer  whose  salary  is  hereby 
fixed  at  the  sum  of  nine  hundred  dollars  per  annum;  and  for  the  purpose  of 
assisting  the  district  attorney  in  the  detection  of  crime  and  the  prosecution  of 
criminal  cases  and  in  civil  actions  and  proceedings  and  all  matters  in  which  the 
county  is  interested,  there  is  allowed  to  the  district  attorney  a  detective,  whose 
salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum ;  provided 
further,  that  the  stenographer  and  detective  shall  be  appointed  by  the  district 
attorney,  and  their  salaries  shall  be  paid  by  said  county  in  equal  monthly 

Gen.  Laws — 16 


242  SALARIES     OF    OFFICERS— CORONER,     SURVEYOR,    JUSTICES,    ETC. 

instalments,  at  the  same  time  and  in  the  same  manner,  and  out  of  the  same 
fund  as  the  salary  of  the  district  attorney;  provided  further,  that  the  pro- 
visions of  this  subdivision  of  this  section  of  this  act  with  reference  to  the 
stenographer  shall  be  in  force  and  effect  on  and  after  twelve  o'clock  meridian 
of  the  first  Monday  in  January,  nineteen  hundred  and  seven ;  provided  further, 
that  the  provisions  of  this  subdivision  of  this  section  of  this  act  with  reference 
to  the  detective  shall  be  in  force  and  effect  from  and  after  its  passage. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law;  provided,  that  the  coroner  shall  be  paid  by  such  counties  in  the  same 
manner  and  out  of  the  same  fund  as  such  fees  are  now  paid,  the  sum  of  two 
'iollars  for  each  certificate  of  the  cause  of  death  made  by  him. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

12.  The  county  superintendent  of  schools,  three  thousand  dollars  per  annum ; 
provided,  that  in  counties  of  this  class  there  shall  be  and  hereby  is  allowed  to 
the  county  superintendent  of  schools,  one  assistant  superintendent  of  schools, 
and  one  deputy,  who  shall  be  appointed  by  the  county  superintendent  of  schools 
of  said  county  and  whose  salaries  shall  be  as  follows :  The  salary  of  the  assist- 
ant shall  be  one  hundred  dollars  per  month,  that  of  the  deputy  shall  be  one 
hundred  dollars  per  month.  The  salaries  shall  be  paid  out  of  the  same  fund 
and  in  the  same  manner  as  the  salary  of  the  county  superintendent  of  schools 
is  paid. 

13.  The  surveyor  shall  receive  ten  dollars  per  day  for  all  work  performed 
for  the  county,  and  in  addition  thereto  all  necessary  expenses  and  transporta- 
tion for  work  performed  in  the  field ;  provided,  that  whenever  the  surveyor  is 
directed  or  charged  to  make,  plat,  trace,  or  otherwise  prepare  maps,  plats,  or 
block-books  for  the  use  of  the  county,  city  and  county,  or  any  municipality 
v/ithin  such  county,  then  such  county  surveyor  shall  only  be  allowed,  in  addi- 
tion to  the  actual  cost  and  expense  of  making,  platting,  tracing,  or  otherwise 
preparing  such  maps,  plats,  or  block-books,  a  compensation  to  be  determined 
by  the  board  of  supervisors,  not  exceeding  the  sum  of  ten  dollars  per  day 
while  he  is  actually  so  employed ;  and  provided  further,  that  such  county  sur- 
veyor shall  file  with  the  county  auditor  a  sworn  statement,  showing  in  detail 
the  amounts  so  paid,  and  the  persons  to  whom  such  amounts  have  been  so  paid 
for  such  expense  as  aforesaid. 

14.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  other 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases:  In  townships  having  a  population  of  more  than  nineteen 
thousand,  two  hundred  and  twenty-five  dollars;  in  townships  having  a  popu- 
lation of  fifteen  thousand  and  less  than  nineteen  thousand,  one  hundred  and 
fifteen  dollars ;  in  townships  having  a  population  of  one  thousand  and  less  than 
fifteen  thousand,  seventy-five  dollars.  In  addition  to  the  compensation 
received  in  criminal  cases  each  justice  of  the  peace  may  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  services  performed  by  him  in  civil  actions;  provided,  that  in  townships 
containing  a  population  of  more  than  twenty-five  thousand  there  shall  be 
but  one  justice  in  and  for  such  townships.     Each  justice  of  the  peace  must 


SALARIES    OF    OFFICERS — COUNTIES    FOURTH    CLASS— SUPERVISORS.  243 

keep  a  book,  open  for  the  inspection  of  the  public,  during  office  hours,  in 
which  must  be  entered  at  once  and  in  detail  the  amount  of  all  fines  collected 
by  him  in  criminal  cases,  and  on  the  first  Monday  of  each  and  every  month 
he  must  pay  such  fines  so  collected  into  the  county  treasury,  or  city  treasury, 
as  provided  by  law. 

15.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month,  and  in  the  same  manner  and  out  of  the  same  fund  as  other  couaty 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases:  In  townships  having  a  population  of  more  than  twenty-five 
thousand,  one  hundred  and  fifty  dollars;  in  townships  having  a  population  of 
more  than  nineteen  thousand  and  less  than  twenty-five  thousand,  ninety  dol- 
lars; in  townships  having  a  population  of  fifteen  thousand  and  less  than  nine- 
teen thousand,  eighty  dollars ;  in  townships  having  a  population  of  one  thousand 
and  less  than  fifteen  thousand,  eighty-five  dollars ;  provided,  that  in  townships 
having  a  population  of  fifteen  thousand  and  less  than  nineteen  thousand  there 
shall  be  but  one  constable.  In  addition  to  the  compensation  received  in  crim- 
inal cases  each  constable  may  receive  and  retain  for  his  own  use  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law  for  all  services  performed  by  him 
in  civil  cases;  provided,  that  in  counties  of  this  class  constables  shall  be  and 
they  are  hereby  allowed  such  expenses  as  are  actually  and  necessarily  incurred 
by  them  in  conveying  prisoners  to  and  from  the  county  jail;  such  expenses  to 
be  itemized  and  presented  as  a  claim  against  the  county  and  to  be  audited  and 
allowed  by  the  board  of  supervisors  and  paid  out  of  the  county  treasury  in 
the  manner  as  are  other  claims. 

16.  Each  supervisor,  one  hundred  and  twenty-five  dollars  per  month,  and 
mileage  at  ten  cents  per  mile  for  each  mile  actually  traveled  in  going  to  and 
from  their  residence  to  the  county  seat,  or  in  the  performance  of  the  duties 
required  of  them  by  law  or  by  virtue  of  their  office ;  provided,  that  in  attending 
sessions  of  the  board  only  four  mileages  shall  be  allowed  for  each  month,  and 
that  the  total  mileage  allowed  shall  not  exceed  one  hundred  dollars  in  any  one 
month.     [Amendment,  Stats.  1905,  746.] 

§  161.  In  counties  of  the  fourth  class  the  county  officers  shall  receive  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries  to  wit: 

1.  The  county  clerk,  nine  thousand  dollars  per  annum. 

2.  The  sheriff,  nine  thousand  five  hundred  and  twenty  dollars  per  annum; 
provided,  that  he  shall  receive  as  additional  compensation  the  mileage  col- 
lected by  him  in  criminal  cases  and  all  expenses  incurred  in  criminal  cases, 
and  also  his  mileage  for  service  of  papers  or  process  issued  by  any  court  of 
this  state,  and  all  fees  for  service  of  papers  or  process  in  actions  arising  out- 
side of  his  county,  and  the  said  sheriff  may  appoint  a  matron  for  the  county 
jail  of  his  county  which  office  of  matron  for  the  county  jail  is  hereby  created, 
and  who  shall  receive  as  compensation  the  sum  of  seventy-five  dollars  per 
month,  payable  at  the  same  time,  and  in  the  same  manner  as  the  salaries  of 
other  county  officers. 

3.  The  recorder,  eight  thousand  dollars  per  annum;  and  the  said  recorder 
may  appoint  one  chief  deputy,  which  said  office  of  chief  deputy  recorder  is 
liereby  created,  who  shall  hold  said  office  of  chief  deputy  recorder  for  a  period 


244  SALARIES     OF    OFFICERS— RECORDER,    ASSESSOR,    ATTORNEY,    ETC. 

of  four  years  from  and  after  his  appointment,  and  who  shall  receive  as  com- 
pensation the  sum  of  twelve  hundred  dollars  per  annum,  payable  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of  other  county  officers. 

4.  The  auditor,  four  thousand  dollars  per  annum. 

5.  The  treasurer,  four  thousand  dollars  per  annum. 

6.  The  tax  collector,  seven  thousand  dollars  per  annum. 

7.  The  license  collector,  who  shall  be  appointed  by  the  board  of  supervisors, 
whose  term  of  office  shall  be  for  the  period  of  four  years,  five  per  centum  upon 
the  whole  amount  of  licenses  collected  by  him. 

8.  The  assessor,  eight  thousand  seven  hundred  dollars  per  annum,  and  the 
said  assessor  may  appoint  one  chief  deputy  assessor,  and  one  draftsman 
for  the  assessor,  which  said  officers  of  chief  deputy  assessor  and  draftsman 
for  the  assessor  are  hereby  created,  who  shall  hold  said  offices  of  chief  deputy 
assessor  and  draftsman  for  the  assessor,  respectively,  for  the  period  of  four 
years  from  and  after  their  several  appointments,  and  who  shall  receive  as  com- 
pensation the  sum  of  twelve  hundred  dollars  each,  per  annum,  payable  at  the 
same  time  and  in  the  same  manner  as  the  salaries  of  other  county  officers.  And 
the  assessor  may  also  appoint  each  year  two  temporary  deputies,  who  shall 
serve  as  such  during  the  months  of  March,  April,  May,  and  June,  of  the  year 
for  which  they  are  appointed,  which  said  offices  of  temporary  deputy  assessors 
are  hereby  created,  who  shall  receive  as  compensation  the  sum  of  eighty  dol- 
lars each,  per  month,  during  the  four  months  Avhich  they  shall  serve  as  such 
deputies,  payable  at  the  same  time  and  in  the  same  manner  as  the  salaries  of 
other  county  officers. 

9.  The  district  attorney,  three  thousand  two  hundred  dollars  per  annum; 
and  the  said  district  attorney  may  appoint  one  assistant  district  attorney  and 
one  deputy  district  attorney,  which  said  offices  of  assistant  district  attorney 
and  deputy  district  attorney  are  hereby  created.  The  salary  of  such  assistant 
district  attorney  is  hereby  fixed  at  eighteen  hundred  dollars  per  annum,  and 
the  salary  of  such  deputy  district  attorney  is  hereby  fixed  at  twelve  hundred 
dollars  per  annum,  such  salaries  to  be  paid  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  other  county  officers. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

12.  The  superintendent  of  schools,  two  thousand  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county ;  and  the  said 
superintendent  of  schools  may  appoint  one  assistant  superintendent  of  schools, 
which  office  of  assistant  superintendent  of  schools  is  hereby  created,  who  shall 
receive  as  compensation  the  sum  of  nine  hundred  dollars  per  annum,  payable 
at  the  same  time  and  in  the  same  manner  as  the  salaries  of  other  county  officers, 

13.  The  county  surveyor,  the  sum  of  two  thousand  four  hundred  dollars  per 
annum;  and  said  surveyor  may  appoint  one  assistant  surveyor,  which  said 
office  of  assistant  surveyor  is  hereby  created,  who  shall  receive  as  compensa- 
tion the  sum  of  twelve  hundred  dollars  per  annum,  payable  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  other  county  officers.  All  fees  now, 
or  which  may  hereafter  be,  allowed  by  Law,  and  which  shall  be  earned  by  the 
county  surveyor  in  the  official  discharge  of  his  duties,  shall  be  paid  into  the 


SALARIES     OF     OFFICERS— JUSTICES     AND     CONSTABLES.  245 

county  treasury  for  the  benefit  of  the  county,  accompanied  with  a  sworn  and 
itemized  statement  of  such  fees  earned,  on  or  before  the  first  Monday  of  each 
month. 

14.  In  counties  of  this  class,  justices  of  the  peace  shall  receive  the  following 
salaries  for  all  services  rendered  by  them  in  criminal  cases,  payable  monthly, 
in  the  same  manner  as  the  salaries  of  county  officers  are  paid,  viz. :  In  town- 
ships having  a  population  of  twenty  thousand  or  more,  one  hundred  and  fifty 
dollars  per  month;  in  townships  having  a  population  of  four  thousand  and 
Jess  than  twenty  thousand,  one  hundred  and  thirty-five  dollars  per  month;  in 
townships  having  a  population  of  fifteen  hundred  and  less  than  four  thousand, 
sixty-five  dollars  per  month ;  in  townships  having  a  population  of  one  thousand 
and  less  than  fifteen  hundred,  fifty  dollars  per  month ;  in  all  townships  having 
a  population  less  than  one  thousand,  thirty  dollars  per  month;  provided,  that 
in  townships  having  a  population  of  twenty  thousand  or  more,  there  shall  be 
two  justices  of  the  peace  in  and  for  any  such  townships,  and  such  justices  shall 
be  allowed  a  clerk,  to  be  appointed  by  the  board  of  supervisors  at  a  salary  of 
seventy-five  dollars  per  month,  payable  monthly  in  the  same  manner  as  salaries 
of  county  officers  are  paid,  and  shall  be  furnished  with  offices  and  necessary 
supplies  by  the  board  of  supervisors.  All  fees  collected  by  justices  of  the 
peace  in  criminal  cases,  shall  be  by  them  monthly  paid  into  the  county  treas- 
ury, accompanied  by  a  sworn  and  itemized  statement  showing  the  amount  of 
such  fees,  and  all  fees  for  civil  cases  collected  by  justices  of  townships  with  a 
less  population  than  five  thousand  inhabitants,  shall  likewise  be  paid  into  the 
county  treasury. 

15.  Constables  shall  receive  the  following  salaries  for  all  services  rendered 
by  them  in  criminal  cases,  payable  monthly,  in  the  same  manner  as  salaries  of 
county  officers  are  paid,  viz. :  In  townships  having  a  population  of  twenty 
thousand  or  more,  one  hundred  dollars  per  month ;  in  townships  having  a  popu- 
lation of  four  thousand  and  less  than  twenty  thousand,  seventy-five  dollars 
per  month ;  in  townships  having  a  population  of  fifteen  hundred  and  less  than 
four  thousand,  sixty  dollars  per  month;  in  townships  having  a  population  of 
less  than  fifteen  hundred,  forty  dollars  per  month.  They  shall  be  allowed  all 
necessary  expenses  incurred  in  conveying  prisoners,  and  such  fees  as  are  now 
or  may  be  hereafter  allowed  in  civil  cases  excepting  constables  in  townships 
having  a  population  of  less  than  five  thousand  inhabitants  who  shall  not 
receive  any  fees. 

16.  Each  supervisor,  one  thousand  two  hundred  dollars  per  annum,  and  mile- 
age at  ten  cents  per  mile  for  each  mile  actually  traveled  in  going  to  and  from 
their  residence  to  the  county  seat,  or  in  performance  of  the  duties  required  of 
them  by  law  or  by  virtue  of  their  office ;  provided,  that  in  attending  sessions 
of  the  board  only  four  mileages  shall  be  allowed  for  each  month,  and  that  the 
total  mileage  allowed  shall  not  exceed  one  hundred  dollars  in  any  one  month; 
and  in  counties  of  this  class  the  members  of  the  board  of  supervisors  shall  be 
ex  officio  road  commissioners,  and  as  such  road  commissioner  shall  be  paid  the 
sum  of  five  hundred  dollars  per  annum  each.     [Amendment,  Stats.  1903,  168.] 

§  162.  In  counties  of  the  fifth  class  the  county  officers  shall  receive  as  com- 
pensation for  the  services  required  of  them  by  law,  or  by  virtue  of  their  office, 
the  following  salaries,  to  wit : 


240  SALARIKS     OF     OFFICERS— COUNTIES     OF     FIFTH     CLASS. 

1.  The  county  clerk,  three  thousand  dollars  per  annum.  He  shall  appoint 
one  chief  deputy,  at  a  salary  of  eighteen  hundred  dollars  per  annum;  two 
additional  deputies  at  a  salary  of  twelve  hundred  dollars  each  per  annum,  and 
three  court-room  clerks  at  a  salary  of  one  thousand  five  hundred  dollars  each 
per  annum,  and  a  deputy  or  deputies  not  to  exceed  five  for  the  purpose  of 
registering  electors,  to  be  paid  not  to  exceed  four  dollars  per  diem  each,  pro- 
vided that  said  deputies  so  employed  for  registering  electors  shall  not  be 
employed  except  during  a  year  when  a  general  election  is  to  be  held  through- 
out the  state  and  then  only  between  the  first  day  of  June  and  the  fifteenth 
day  of  November  of  said  year;  and  such  deputies  as  may  be  needed  for  the 
purpose  of  registering  electors  in  precincts  outside  of  the  corporate  limits  of 
the  city  of  Sacramento  in  said  county,  who  shall  be  paid  fifteen  cents  per  name 
tor  each  person  legally  registered  by  them.  The  salaries  and  compensation  of 
each  of  said  deputies  and  clerks  to  be  paid  out  of  the  county  treasury  in  equal 
monthly  instalments  in  the  same  manner  and  at  the  same  time  as  other  county 
c;ffi.cials  are  paid. 

2.  The  sheriff  shall  receive  three  thousand  six  hundred  dollars  per  annum 
salary.  The  sheriff  shall  also  receive  for  his  own  use  the  fees  for  mileage 
which  are  now,  or  which  may  hereafter,  be  allowed  by  law,  and  the  fees  and 
commissions  for  the  service  of  all  papers  whatsoever  issued  by  any  court  of 
the  state  outside  of  this  county,  and  shall  also  receive  his  necessary  expenses 
in  all  criminal  cases.  The  sheriff  shall  also  be  paid  twelve  and  one  half  cents 
I-er  meal  each  for  all  meals  furnished  prisoners  confined  in  the  county  jail. 
The  sheriff  shall  have  one  under-sheriff  at  a  salary  of  one  thousand  five  hun- 
dred dollars  per  annum,  two  jailers  at  a  salary  of  twelve  hundred  dollars  per 
annum  each,  and  three  court  bailiff's,  or  deputies,  at  a  salary  of  twelve  hundred 
dollars  per  annum  each.  All  deputies  herein  mentioned  shall  be  appointed  by 
the  sheriff,  and  paid  at  the  same  time  and  manner  that  their  principal  is  paid. 

3.  The  recorder,  three  thousand  dollars  per  annum.  The  recorder  may 
appoint  one  chief  deputy  at  a  salary  of  fifteen  hundred  dollars  per  annum ;  one 
mortgage  clerk,  at  a  salary  of  twelve  hundred  dollars  per  annum;  one  index 
clerk,  at  a  salary  of  twelve  hundred  dollars  per  annum.  Said  recorder  may 
also  appoint  such  copyists,  not  to  exceed  three,  as  may  be  required  for  the 
recording  of  all  papers,  notices  or  documents  in  his  office,  who  shall  receive 
as  compensation  for  their  services,  the  sum  of  twelve  hundred  dollars  each  per 
pnnum.  The  salaries  and  compensation  of  all  deputies  and  copyists  herein 
provided  for,  each  of  whom  shall  be  a  deputy  county  recorder,  shall  be  paid 
by  said  county  in  monthly  instalments,  at  the  same  time  and  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  county  recorder  is  paid. 

4.  The  auditor,  three  thousand  dollars  per  annum ;  provided,  that  in  counties 
of  this  class  there  shall  be,  and  is,  hereby  allowed  to  the  auditor  one  deputy, 
who  shall  be  appointed  by  the  auditor  of  said  county  and  M^hose  salary  is 
hereby  fixed  at  fifteen  hundred  dollars  per  annum,  and  such  additional  assist- 
ants as  the  auditor  may  require,  and  whose  compensation  shall  not  exceed  the 
sum  of  five  hundred  dollars  per  annum,  in  the  aggregate,  for  all  assistants  so 
employed,  and  provided,  that  the  auditor  shall  file  with  the  county  clerk  a 
verified  statement,  showing  in  detail  the  amounts  paid  and  the  persons  to 
whom  such  compensation  has  been  paid  for  such  additional  assistance  as  afore- 


SALARIES     OF    OFFICERS — TREASURER,   ASSESSOR,  ATTORNEY,  ETC.  247 

said.  The  salaries  herein  provided  for  shall  be  paid  by  the  said  county  in 
equal  monthly  instalments,  at  the  same  time,  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  auditor. 

5.  The  treasurer,  three  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  five  hundred  dollars  per  annum;  provided, 
that  he  shall  have  such  assistants  as  he  may  require,  whose  compensation, 
which  shall  be  paid  by  the  county,  shall  not  exceed  the  sum  of  five  hundred 
dollars  per  annum  in  the  aggregate. 

7.  The  license  collector,  one  thousand  eight  hundred  dollars  per  annum. 

8.  The  assessor,  three  thousand  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be,  and  there  is,  hereby  allowed  to  the 
assessor,  the  following  deputies,  who  shall  be  appointed  by  the  assessor,  and 
shall  be  paid  salaries  as  follows:  One  chief  deputy  assessor,  at  eighteen  hun- 
dred dollars  per  annum ;  one  office  deputy  assessor,  at  fifteen  hundred  dollars 
per  annum;  one  mortgage  and  transfer  deputy  assessor,  at  nine  hundred  dol- 
lars per  annum ;  four  field  deputy  assessors,  for  not  exceeding  four  months  in 
any  one  year,  at  a  salary  of  one  hundred  and  twenty-five  dollars  each  per 
month ;  eight  field  deputy  assessors  for  not  exceeding  four  months  in  any  one 
year,  at  a  salary  of  one  hundred  dollars  per  month  each;  and  such  additional 
assistance  as  the  assessor  may  require,  and  whose  compensation  shall  not  in 
the  aggregate  exceed  the  sum  of  six  hundred  dollars  per  annum ;  and  provided, 
that  the  assessor  shall  file  with  the  county  auditor  a  verified  statement  show- 
ing in  detail  the  amounts  paid  and  the  persons  to  whom  such  compensation  is 
paid  for  such  extra  assistance,  as  aforesaid.  The  salaries  of  the  chief  deputy 
assessor,  office  deputy  assessor,  mortgage  and  transfer  deputy  assessor  and 
field  deputy  assessors  herein  provided  for  shall  be  paid  by  the  said  county  in 
monthly  instalments,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  assessor  is  paid.  It  is  hereby  further  provided, 
that  in  counties  of  this  class  the  assessor  shall  receive  no  commission  for  his 
collection  of  taxes  on  personal  property,  nor  shall  such  assessor  receive  any 
compensation  or  commission  for  the  collection  of  poll-taxes  or  road  poll-taxes. 

9.  The  district  attorney,  three  thousand  six  hundred  dollars  per  annum. 
In  counties  of  this  class,  the  district  attorney  may  appoint  an  assistant  district 
attorney,  which  office  is  hereby  created,  who  shall  receive  as  compensation  for 
his  services  the  sum  of  two  thousand  four  hundred  dollars  per  annum,  to  be 
paid  out  of  the  county  treasury  in  equal  monthly  instalments  in  the  same  man- 
ner, and  at  the  same  time  other  county  officials  are  paid.  In  counties  of  this 
class  the  district  attorney  may  appoint  a  deputy  district  attorney,  which  office 
is  hereby  created,  who  shall  receive  as  compensation  for  his  services  the  sum 
of  one  thousand  eight  hundred  dollars  per  annum,  to  be  paid  out  of  the  county 
treasury  in  equal  monthly  instalments  in  the  same  manner,  and  at  the  same 
time  other  county  officials  are  paid.  In  counties  of  this  class,  the  district 
attorney  may  appoint  a  clerk  for  service  in  his  office,  which  office  of  clerk  to 
the  district  attorney  is  hereby  created,  and  said  clerk  shall  receive  as  com- 
pensation for  his  services  the  sum  of  one  thousand  two  hundred  dollars  per 
annum,  to  be  paid  out  of  the  county  treasury  in  equal  monthly  instalments  in 
the  same  manner  and  at  the  same  time  other  county  officials  are  paid. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law ; 


a48  SALARIES    OF    OFFICERS — CORONER,    ADMINISTRATOR,    ETC. 

provided,  the  coroner,  or  other  officer  holding  an  inquest  upon  the  body  of  a 
deceased  person,  may  subpoena  a  chemist  to  make  an  analysis  of  the  contents  of 
the  stomach  or  the  tissues  of  the  body,  or  a  physician  or  surgeon  to  inspect 
the  body,  or  hold  a  post-mortem  examination  of  the  deceased,  and  give  a  pro- 
fessional opinion  as  to  the  cause  of  death ;  and  shall  cause  the  testimony  of  all 
the  witnesses  at  such  inquest  to  be  reduced  to  writing  under  his  directions  and 
may  require  one  of  the  official  reporters  to  act  as  clerk  or  stenographer  for 
such  purpose,  and  in  case  any  of  such  reporters  should  refuse  or  be  unable  to 
attend,  may  employ  a  stenographer  for  that  purpose  at  the  same  compensation 
allowed  to  stenographers  of  the  superior  court  of  the  county,  such  amount  to 
be  deducted  from  the  salary  of  the  official  reporter  in  default. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

12.  The  superintendent  of  schools,  two  thousand  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  schools  of  his  county,  not  exceeding 
three  hundred  dollars  per  annum;  and  the  said  superintendent  of  schools  may 
appoint  one  assistant  superintendent  of  schools,  which  office  of  assistant  super- 
intendent of  schools  is  hereby  created,  who  shall  receive  as  compensation  the 
sum  of  one  thousand  two  hundred  dollars  per  annum,  payable  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  other  county  officers  are  paid.  Each 
member  of  the  board  of  education  shall  receive  five  dollars  per  day  as  com- 
pensation for  his  services  when  in  actual  attendance  upon  said  board,  and  mile- 
age at  the  rate  of  twenty  cents  per  mile,  one  way  only,  from  his  residence  to 
the  place  of  meeting  of  said  board.  The  secretary  of  said  board  of  education 
shall  receive  five  dollars  per  day  for  his  services  for  the  actual  time  that  the 
board  may  be  in  session.  Said  compensation  of  the  members  of  the  said  board 
and  of  said  secretary  shall  be  paid  out  of  the  same  fund  as  the  salary  of  the 
superintendent  of  schools.  Claims  of  such  service  and  mileage  shall  be  pre- 
sented to  the  board  of  supervisors  and  shall  be  allowed,  at  the  rate  above 
named,  and  in  the  manner  as  other  claims  against  the  county  are  allowed.  The 
compensation  of  members  of  the  county  board  of  education  herein  provided  is 
not  in  addition  to  that  provided  in  section  seventeen  hundred  and  seventy  of 
the  Political  Code. 

13.  The  surveyor,  two  thousand  four  hundred  dollars  per  annum,  and  in 
addition  thereto  all  necessary  expenses  and  transportation  for  work  performed 
on  the  field;  provided,  that  in  counties  of  this  class,  whenever  the  board  of 
supervisors  shall  order,  or  the  assessor  may  require,  assessor's  map  or  block- 
books,  then  the  surveyor  shall  receive,  in  addition  to  the  salary  hereinabove 
noted,  the  sum  of  nine  hundred  dollars  for  the  preparation  and  completion  of 
the  said  map  or  block-books, 

14.  Justices  of  the  peace,  such  fees  as  are  or  may  be  hereafter  allowed  by 
law,  except  that  the  justices  of  the  peace  in  townships  containing  twenty 
thousand  or  more  inhabitants  shall  be  allowed  a  salary  of  one  hundred  dollars 
per  month  each  in  lieu  of  all  fees  in  criminal  cases;  provided,  however,  that 
justices  of  the  peace  in  townships  contiguous  to  municipalities  containing 
twenty-five  thousand  or  more  inhabitants,  or  in  which  a  state  penal  institution 
is  located,  shall  be  allowed  a  salary  of  seventy-five  dollars  per  month  each  in 
lieu  of  all  fees  in  criminal  cases;  the  salary  of  the  justices  of  the  peace  as 


SALARIES    OF    OFFICERS — COUNTIES     OF    SIXTH    CLASS.  Z4U 

above  provided,  to  be  paid  at  the  same  time,  and  in  the  same  manner  as  county 
officers  are  paid. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 
except  that  the  constables  in  townships  containing  twenty  thousand  or  more 
inhabitants  shall  be  allowed  a  salary  of  one  hundred  dollars  per  month  each ; 
in  lieu  of  all  fees  in  criminal  cases ;  provided,  however,  that  constables  in 
townships  contiguous  to  municipalities  containing  twenty-five  thousand  or 
more  inhabitants,  or  in  which  a  state  penal  institution  is  located,  shall  be 
allowed  a  salary  of  seventy-five  dollars  per  month  each,  and  fifteen  cents  per 
mile  for  every  mile  actually  traveled  in  taking  prisoners  to  the  county  jail,  in 
lieu  of  all  fees  in  criminal  cases,  provided  however  that  constables  in  townships 
]jOt  contiguous  to  municipalities  containing  twenty-five  thousand  or  more 
inhabitants  and  constables  in  townships  in  which  a  state  penal  institution  is 
not  located  shall  receive  in  addition  to  the  fees  now  provided  by  law  three 
dollars  per  diem  for  each  day  in  actual  attendance  on  the  court  in  criminal 
cases  and  fifteen  cents  per  mile  for  every  mile  actually  traveled  in  taking 
prisoners  to  the  county  jail.  The  salary  of  the  constables  as  above  provided 
to  be  paid  at  the  same  time  and  in  the  same  manner  as  county  officers  are  paid. 

16.  Each  supervisor,  one  hundred  and  twenty-five  dollars  per  month,  and 
ten  cents  per  mile  for  traveling  to  and  from  the  county  seat ;  provided,  mileage 
shall  not  be  allowed  oftener  than  once  in  each  month. 

17.  From  and  after  the  first  Monday  in  January,  nineteen  hundred  and 
three,  the  offices  of  recorder  and  auditor  shall  be  separate  and  shall  not  be 
consolidated  by  the  board  of  supervisors. 

18.  For  attending  as  a  juror  in  the  superior  court,  for  each  day's  attendance, 
per  day,  three  dollars.  For  each  mile  actually  traveled  in  attending  court  as 
n  juror,  in  going  only,  per  mile,  twenty-five  cents.  [Amendment,  Stats.  1905, 
477.] 

§  163.  In  counties  of  the  sixth  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  five  thousand  nine  hundred  dollars  per  annum;  pro- 
vided, that  he  shall  appoint  one  chief  deputy,  at  a  salary  of  twelve  hundred 
dollars  per  annum,  two  court-room  deputies,  at  a  salary  of  nine  hundred  dollars 
per  annum  each,  and  one  deputy  at  a  salary  of  nine  hundred  dollars  per  annum. 
The  salaries  of  said  four  deputies  shall  be  paid  by  said  county  clerk  out  of 
said  five  thousand  nine  hundred  dollars  compensation  above  named. 

2.  The  sheriff,  sixty-two  hundred  dollars  per  annum ;  provided,  that  he  shall 
appoint  one  under-sheriff,  at  a  salary  of  fifteen  hundred  dollars  per  annum, 
«'ind  three  deputy  sheriffs,  at  a  salary  of  nine  hundred  dollars  per  annum  each. 
The  salary  of  said  under-sheriff  and  deputies  shall  be  paid  by  said  sheriff  out 
of  said  sixty-two  hundred  dollars  compensation  above  named.  The  sheriff  shall 
also  receive,  as  compensation  for  traveling,  to  be  computed  in  all  cases  from 
Ihe  court-house,  to  serve  any  summons  and  complaint,  or  any  other  process  by 
which  an  action  or  proceeding  is  commenced,  notice,  rule,  order,  subpoena, 
attachment  on  property,  to  levy  an  execution,  post  notice  of  sale,  to  sell  prop- 
erty under  execution  or  other  order  of  sale,  to  execute  an  order  for  the  deliv- 
ery of  personal  property,  writ  of  possession  or  restitution,  to  hold  inquest  or 


250  SALARIES    OF    OFFICERS — CLERK,    AUDITOR,    TREASURER,    ETC. 

trial  of  right  of  property,  in  executing  writ  of  habeas  corpus,  or  collecting 
taxes,  twenty  cents  for  each  mile,  one  way  only,  to  be  computed  over  the  near- 
est and  most  practicable  route,  between  the  court-house  and  the  place  of  ser- 
vice ;  provided,  that  if  any  two  or  more  papers  be  required  to  be  served  in  the 
same  suit,  at  the  same  time,  and  in  the  same  direction,  one  mileage  only  shall 
be  charged  to  the  most  distant  points  to  complete  such  service,  which  distance 
shall,  in  all  cases,  be  estimated  by  the  nearest  practicable  route, 

3.  The  recorder,  five  thousand  six  hundred  dollars  per  annum;  provided, 
that  the  recorder  shall  appoint  four  copyists  at  a  salary  of  nine  hundred  dol- 
lars per  annum,  each;  which  salary  of  said  four  copyists  shall  be  paid  by  said 
recorder  out  of  said  sum  of  five  thousand  six  hundred  dollars  compensation 
above  named;  and  provided,  further,  that  said  copyists  being  eligible,  may  be 
appointed  deputies  of  said  recorder  without  further  compensation. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  annum;  provided, 
that  the  expenses  incurred  in  making  extensions  of  assessment  and  tax  rolls 
shall  be  paid  out  of  said  sum  of  two  thousand  four  hundred  dollars  compensa- 
tion above  mentioned. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

6.  The  tax  collector,  three  thousand  dollars  per  annum,  and  such  fees  as  are 
row  or  may  be  hereafter  allowed  him  by  law  for  the  collection  of  all  county 
licenses ;  provided,  that  the  tax  collector  shall  appoint  as  many  deputies  as  may 
be  necessary,  all  of  which  deputies'  salaries  shall  be  paid  out  of  the  compensa- 
tion above  named. 

7.  The  assessor,  four  thousand  two  hundred  dollars  per  annum;  provided 
that  the  assessor  shall  appoint  one  chief  deputy,  at  a  salary  of  twelve  hundred 
dollars  per  annum,  and  as  many  deputy  assessors  as  may  be  necessary,  all  of 
which  deputies'  salaries  shall  be  paid  by  the  said  assessor  out  of  said  four 
thousand  two  hundred  dollars  compensation  above  mentioned. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  per  annum,  and 
one  assistant  district  attorney,  at  a  salary  of  fifteen  hundred  dollars  per  annum, 
to  be  paid  at  the  same  time  and  in  the  same  manner  as  county  officers  are  paid ; 
said  assistant  district  attorney  allowed  in  lieu  of  the  assistant  district  attorney 
allowed  by  virtue  of  subdivision  thirty-six  of  section  twenty-five  of  an  act 
entitled  "An  act  to  establish  a  uniform  system  of  county  and  township  gov- 
ernments," approved  IMarch  twenty-four,  eighteen  hundred  and  ninety-three. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county;  provided, 
said  superintendent  of  schools  may  appoint  a  deputy  at  a  salary  of  nine  hun- 
dred dollars  per  annum,  payable  at  same  time  and  in  same  manner  as  salaries 
of  other  county  officers  are  paid. 

12.  The  surveyor  shall  receive  one  thousand  eight  hundred  dollars  per  annum 
lor  all  work  performed  for  the  county,  and  in  addition  thereto  all  necessary 
and  actual  traveling  expenses  incurred  in  connection  with  field-work,  and  all 
fees  allowed  by  law:  provided,  that  out  of  the  compensation  hereinabove  pro- 


SALARIES     OF    OFFICERS — COUNTIES     OF    SEVENTH    CLASS.  251 

vided  he  shall  pay  the  cost  of  plotting,  tracing  or  otherwise  preparing  maps, 
plats  or  block-books,  and  shall  procure  the  necessary  data  therefor,  for  use  of 
the  county  assessor:  provided  further,  that  the  fees  for  land  surveys,  except 
when  done  for  the  county,  shall  be  ten  dollars  per  day,  or  fraction  thereof,  and 
in  addition  thereto  all  necessary  and  actual  traveling  expenses.  lie  shall 
appoint  a  deputy  at  a  salary  of  nine  hundred  dollars  per  annum,  payable  at 
the  same  time  and  in  the  same  manner  as  county  officers  are  paid. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  for  all  services  required  of 
them  by  law,  or  by  virtue  of  their  office,  except  as  road  commissioners,  shall 
be  allowed  six  dollars  per  day,  and  thirty  cents  per  mile  in  traveling  from 
their  place  of  residence  to  the  court-house;  provided,  that  only  one  mileage 
must  be  allowed  at  each  term;  and  provided  further,  that  no  supervisor  must 
be  allowed  more  than  one  day's  pay  for  any  one  day,  by  reason  of  his  being  on 
the  committees  appointed  by  the  board  of  supervisors,  or  for  any  other  cause ; 
provided,  that  in  no  case  shall  the  per  diem  of  the  supervisors,  as  supervisors, 
exceed  eight  hundred  dollars  each  in  one  year.  Each  supervisor  shall  receive 
for  his  services  as  road  commissioner,  thirty  cents  per  mile,  one  way,  for  all 
distances  actually  traveled  by  him  in  the  performance  of  his  duties ;  provided, 
that  he  shall  not  in  any  one  year,  receive  more  than  four  hundred  dollars  as 
such  road  commissioner.  [Amendment,  Stats.  1905,  504.  In  effect  January 
1,  1907.] 

§  164.  In  counties  of  the  seventh  class  the  county  officers  shall  receive  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk  two  thousand  four  hundred  dollars  ($2400)  per  annum. 
He  shall  have  one  deputy  at  a  salary  of  thirteen  hundred  eighty  dollars 
($1380)  per  annum;  one  deputy  at  a  salary  of  twelve  hundred  dollars  ($1200), 
and  three  deputies  at  salaries  of  ten  hundred  and  twenty  ($1020)  per  annum 
each,  and  one  at  a  salary  of  seven  hundred  and  twenty  dollars  ($720)  per 
annum. 

2.  The  sheriff  fifty-four  hundred  dollars  ($5400)  per  annum  and  all  fees  for 
service  of  processes  issued  without  his  county.  He  shall  have  an  under-sheriff 
whose  annual  salary  shall  be  thirteen  hundred  eighty  ($1380),  two  deputies 
whose  annual  salaries  shall  be  twelve  hundred  ($1200)  each,  one  deputy  whose 
salary  shall  be  eleven  hundred  and  forty  dollars  per  annum  and  three  depu- 
ties whose  annual  salaries  shall  be  ten  hundred  and  twenty  dollars  ($1020) 
each. 

3.  The  recorder  twenty-one  hundred  dollars  ($2100)  per  annum.  He  shall 
have  one  deputy  whose  annual  salary  shall  be  thirteen  hundred  eighty  dollars 
($1380),  and  two  deputies  whose  annual  salaries  shall  be  ten  hundred  and 
twenty  dollars  ($1020)  each,  and  one  deputy  for  a  period  of  four  months  at 
seventy-five  dollars  ($75)  per  month,  he  shall  have  such  copyists  as  are  neces- 
sary to  perform  the  duties  of  the  office  at  a  compensation  not  to  exceed  six 
cents  per  folio. 

4.  The   auditor  twenty-one  hundred    ($2100)    dollars  per  annum,   and  one 


252  SALARIES     OF    OFFICERS— TREASURER,    TAX     COLLECTOR,    ETC. 

deputy  at  an  annual  salary  of  thirteen  hundred  eighty  dollars  ($1380)  and  one 
clerk  at  an  annual  salary  of  ten  hundred  and  twenty  dollars  ($1020). 

5.  The  treasurer  twenty-five  hundred  dollars  ($2500)  per  annum.  He  shall 
have  a  deputy  at  a  salary  of  thirteen  hundred  eighty  dollars  ($1380)  per 
annum. 

6.  The  tax  collector  twenty-one  hundred  dollars  ($2100)  per  annum.  He 
shall  have  one  deputy  who  shall  receive  thirteen  hundred  eighty  dollars 
($1380)  per  annum,  and  three  deputies  at  an  annual  salary  of  ten  hundred  and 
twenty  dollars  ($1020)  each.  No  other  fees  or  compensation  other  than  the 
compensation  provided  for  in  this  section  shall  be  allowed  the  tax  collector  for 
the  collection  of  license,  and  all  license  or  other  fees  collected  shall  be  paid  into 
the  county  treasury  monthly,  rendering  therewith  a  statement  of  the  license 
or  other  fees  collected.  He  shall  be  allowed  actual  traveling  expenses  in  the 
collection  of  said  license  fees,  the  same  to  be  audited  by  the  board  of  super- 
visors and  paid  the  same  as  other  bills,  against  the  county  are  paid. 

7.  The  assessor  shall  receive  three  thousand  dollars  ($3000)  per  annum,  for 
all  services  rendered  as  assessor.  He  shall  have  one  deputy  at  an  annual  salary 
of  thirteen  hundred  eighty  dollars  ($1380)  and  ten  deputies  for  three  months 
whose  per  diem  shall  be  four  dollars  ($4)  each  when  actually  employed,  and 
four  deputies  for  four  months  whose  per  diem  .shall  be  four  dollars  ($4.00) 
each  when  actually  employed.  He  shall  have  four  copyists  for  a  period  of 
four  months  each,  at  fifty  dollars  ($50.00)  per  month  each  during  such  time. 
All  sums  collected  by  the  assessor  or  his  deputies  either  as  personal  property 
taxes,  poll  or  road  taxes,  or  the  fees  allowed  by  law  for  the  making  of  the 
military  roll  shall  be  paid  into  the  county  treasury  monthly  as  collected,  with 
a  statement  of  account  of  such  collections. 

8.  The  district  attorney  three  thousand  dollars  ($3000)  per  annum.  He 
shall  have  one  deputy  at  a  salary  of  eighteen  hundred  dollars  ($1800)  per 
annum,  and  one  deputy  at  a  salary  of  twelve  hundred  dollars  ($1200)  per 
f.nnum.  He  shall  also  have  a  stenographer  at  an  annual  salary  of  nine  hun- 
dred dollars  ($900). 

9.  The  coroner  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools  twenty-one  hundred  dollars  ($2100)  per 
annum  for  all  services  rendered  as  such.  He  shall  have  one  deputy  at  an 
annual  salary  of  twelve  hundred  dollars  ($1200).  The  superintendent  shall 
also  be  allowed  actual  traveling  expenses  when  visiting  the  schools  of  his 
county. 

12.  The  surveyor  two  thousand  dollars  ($2000)  per  annum  in  full  compensa- 
tion for  all  services  as  county  surveyor  as  road  viewer  and  road  inspector  and 
his  actual  expenses  when  at  work  in  the  field.  He  shall  have  one  deputy  at  an 
annual  salary  of  nine  hundred  and  sixtj'  dollars  ($960). 

13.  (a)  The  registered  population  of  the  several  judicial  townships  of  this 
county  is  hereby  determined  to  be  the  registered  vote  as  shown  by  the  great 
register  of  the  county  in  the  office  of  the  county  clerk.  The  salaries  of  the 
several  township  officers  shall  be  determined  by  the  registered  voting  popula- 


COUNTIES     SEVENTH     CLASS— POPULATION     OF     TOWNSHIPS.  253. 

tion  as  shown  by  said  register  at  the  general  election  of  the  preceding  even 

numbered  year,  and  are  as  follows,  to  wit : 

Judicial  Township  No.     1 275  (Firebaugh) 

Judicial  Township  No.     2 621  (Clovis) 

Judicial  Township  No.     3 5618   (Fresno) 

Judicial  Township  No.     4 822  (Fowler) 

Judicial  Township  No.     5 827   (Selma) 

Judicial  Township  No.     6 542  (Coalinga" 

Judicial  Township  No.     7 953   (Sanger) 

Judicial  Township  No.     8 512  (Reedley) 

Judicial  Township  No.     9 283   (Kingsburg) 

Judicial  Township  No.  10 466   (Letcher) 

Judicial  Township  No.  11 67   (Lemoore) 

Judicial  Township  No.  12 73   (Polasky) 

Judicial  Township  No.  13 322  (Laton) 

(b)  For  the  purpose  of  regulating  the  compensation  of  justices  of  the  peace 
and  persons  performing  the  duties  of  justice  of  the  peace,  and  constables, 
townships  of  this  class  of  counties  are  hereby  classified  according  to  the  reg- 
istered voting  population  as  shown  by  the  great  register  of  the  county. 

Townships  having  a  registered  voting  population  of  five  thousand  and  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class;  townships 
having  a  like  population  of  one  thousand  and  less  than  five  thousand  shall 
belong  to  and  be  known  as  townships  of  the  second  class ;  townships  having  a 
like  population  of  eight  hundred  and  less  than  one  thousand  shall  belong  to 
and  be  known  as  townships  of  the  third  class;  townships  having  a  like  popula- 
tion of  five  hundred  and  less  than  eight  hundred  shall  belong  to  and  be  known 
as  townships  of  the  fourth  class;  townships  having  a  like  population  of  two 
hundred  and  fifty  and  less  than  five  hundred  shall  belong  to  and  known  as 
townships  of  the  fifth  class;  townships  having  a  like  population  of  two  hun- 
dred and  fifty  and  less  shall  belong  to  and  be  known  as  townships  of  the  sixth 
class. 

(c)  Justices  of  the  peace  and  persons  performing  duties  of  justices  of  the 
peace  shall  receive  the  following  monthly  salaries  to  be  paid  each  month  as 
the  county  officers  are  paid,  and  the  same  shall  be  in  full  compensation  for  all 
services  rendered  in  criminal  cases,  and  shall  include  their  office  rent,  to  wit : 

In  townships  of  the  first  class  one  hundred  and  seventy-five  dollars. 

In  townships  of  the  second  class  one  hundred  dollars. 

In  townships  of  the  third  class  eighty  dollars. 

In  townships  of  the  fourth  class  sixty  dollars. 

In  townships  of  the  fifth  class  forty  dollars. 

In  townships  of  the  sixth  class  twenty  dollars. 

In  addition  to  the  monthly  salaries  herein  allowed  each  'justice  of  the  peace 
may  receive  and  retain  for  his  own  use,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  for  all  services  rendered  by  him  in  civil  actions.  Each  jus- 
tice of  the  peace  must  pay  into  the  county  treasury  once  a  month,  all  fines  col- 
lected by  him. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 


254  COUNTIES    EIGHTH    CLASS — SALARIES     OF    OFFICERS. 

montli  as  the  county  officers  are  paid,  and  shall  be  in  full  compensation  for  all 
services  rendered  by  them  in  criminal  eases,  to  wit : 

In  townships  of  the  first  class,  one  hundred  dollars. 

In  townships  of  the  second  class,  ninety  dollars. 

In  townships  of  the  third  class,  eighty  dollars. 

In  townships  of  the  fourth  class,  sixty  dollars. 

In  townships  of  the  fifth  class,  forty  dollars. 

In  townships  of  the  sixth  class,  twenty  dollars. 

In  addition  to  the  monthly  salaries  herein  allowed  each  constable  may 
receive  and  retain  for  his  own  use,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  all  services  rendered  by  him  in  civil  actions;  and  shall  be 
also  allowed  all  necessary  expenses  actually  incurred  in  arresting  and  convey- 
ing prisoners  to  court  or  prison,  which  expenses  shall  be  audited  by  the  board 
of  supervisors  and  paid  out  of  the  county  treasury;  provided  further  that 
when  any  constable  is  required  to  go  out  of  his  own  county  to  serve  a  warrant 
of  arrest,  or  any  other  paper  in  a  criminal  ease,  he  shall  be  allowed  mileage  in 
going  and  returning  outside  of  his  own  county  at  the  rate  of  five  cents  per  mile. 

15.  The  supervisors  shall  receive  each  the  sum  of  fifteen  hundred  dollars  per 
annum,  paid  monthly  in  instalments  of  one  hundred  and  twenty-five  dollars 
per  month,  in  full  compensation  for  all  services  rendered  either  as  supervisors 
or  road  overseers. 

16.  Jurors'  fees  in  criminal  cases,  shall  be  as  follows:  For  attending  as  a 
grand  juror  or  a  trial  juror  in  the  superior  court,  in  criminal  cases  only,  for 
each  day's  attendance,  per  day  three  dollars,  for  each  mile  actually  traveled 
in  attending  court  as  such  juror  under  summons  or  under  order  of  court,  in 
criminal  cases,  in  going  only,  per  mile,  fifteen  cents  and  the  county  clerk  shall 
certify  to  the  auditor  the  number  of  days  attendance  and  number  of  miles 
traveled  by  each  juror,  and  the  auditor  shall  then  draw  his  warrant  therefor 
and  the  treasurer  shall  pay  the  same. 

17.  The  salaries  of  all  county  and  township  officers  shall  be  payable  in  instal- 
ments monthly  on  the  first  day  of  each  month.     [Amendment,  Stats.  1905,  435.] 

§  165.  In  counties  of  the  eighth  class,  county  officers  shall  receive  as  com- 
pensation for  the  services  required  of  them  by  law,  or  by  virtue  of  their  office, 
the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 
.  2.  The  sheriff,  three  thousand  dollars  per  annum;  the  sheriff  shall  also 
receive  for  his  own  use  and  benefit  the  fees  for  mileage  which  are  now  or 
which  may  hereafter  be  allowed  by  law,  and  the  fees  of  [or]  commissions  for  the 
service  of  all  papers  whatsoever  issued  by  any  court  of  the  state  outside  of 
his  county;  and  shall  also  receive  his  necessary  expenses  in  all  criminal  cases. 

3.  The  recorder,  two  thousand  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  such  commissions 
as  are  now  or  may  hereafter  be  allowed  by  law. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  ten  per  centum  on 
oil  licenses  collected,  which  shall  be  in  full  for  all  services  as  tax  collector  and 
license  collector. 


SALARIES     OF     OFFICERS — COUNTIES     OF     EIGHTH     CLASS.  255 

7.  The  assessor,  eleven  thousand  five  hundred  dollars  per  annum;  the 
assessor  shall  turn  over  to  the  county  all  fees  and  commissions  for  the  col- 
lection of  poll-tax,  personal-property  tax  and  for  making  up  the  military  roll. 
The  assessor  shall  make  all  maps  and  plats  and  shall  bind  in  book  form,  alpha- 
betically arranged,  all  assessment  lists;  provided  there  shall  be  no  charge 
against  the  county  for  the  making  of  said  maps,  plats,  and  said  binding,  except 
for  the  material  furnished  in  the  making  of  said  maps  and  plats  and  binding 
of  said  assessment  lists. 

8.  The  district  attorney,  three  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  twenty-four  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county,  said 
expenses  not  to  exceed  six  hundred  dollars  in  one  year. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  salaries  for  all  services 
rendered  by  them  in  criminal  cases,  payable  in  the  same  manner  as  county 
officers  are  paid,  viz. : 

In  townships  having  a  population  of  fourteen  thousand  or  more,  one  hun- 
dred dollars  per  month ;  in  townships  having  a  population  of  not  less  than  five 
thousand  nor  more  than  fourteen  thousand,  sixty-five  dollars  per  month;  in 
townships  having  a  population  of  not  less  than  three  thousand  nor  more  than 
five  thousand,  fifty  dollars  per  month;  in  townships  having  a  population  of  not 
less  than  two  thousand  nor  more  than  three  thousand,  forty-five  dollars  per 
month;  in  townships  having  a  population  of  not  less  than  one  thousand  four 
hundred  nor  more  than  two  thousand,  thirty-five  dollars  per  month;  in  all 
townships  having  a  population  of  less  than  one  thousand  four  hundred,  fifteen 
dollars  per  month;  justices  of  the  peace  in  counties  of  this  class  shall  also 
receive  for  their  own  use  and  benefit  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law  in  civil  cases. 

14.  Constables  shall  receive  the  following  salaries  for  all  services  rendered 
by  them  in  criminal  cases,  payable  monthly  in  the  same  manner  as  county 
officers  are  paid,  viz. :  In  townships  having  a  population  of  fourteen  thousand 
or  more,  eighty-five  dollars  per  month;  in  townships  having  a  population  of 
not  less  than  five  thousand  nor  more  than  fourteen  thousand,  sixty-five  dollars 
per  month;  in  townships  having  a  population  of  not  less  than  three  thousand 
nor  more  than  five  thousand,  fifty  dollars  per  month;  in  townships  having  a 
population  of  not  less  than  two  thousand  nor  more  than  three  thousand,  forty- 
five  dollars  per  month ;  in  townships  having  a  population  of  not  less  than  one 
thousand  four  hundred  nor  more  than  two  thousand,  thirty-five  dollars  per 
month;  in  all  townships  having  a  population  of  less  than  one  thousand  four 
hundred,  fifteen  dollars  per  month;  constables  in  counties  of  this  class  shall 
also  receive  for  their  own  use  and  benefit  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  for  mileage  in  criminal  cases  and  shall  also  receive  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law  in  civil  cases. 

15.  Each  member  of  the  board  of  supervisors,  nine  hundred  dollars  per 
annum,  and  their  necessary  expenses  when  attending  to  the  business  of  the 


256  SALARIES     OF    OFFICERS — COUNTIES     OF    NINTH     CLASS. 

county,  other  than  the  meetings  of  the  board ;  and  fifteen  cents  a  mile  in  trav- 
eling to  and  from  his  residence  to  the  county  seat;  provided,  that  not  more 
than  one  mileage  at  any  one  term  of  the  board  shall  be  allowed. 

16.  The  bonds  of  the  clerk,  sheriff,  recorder,  auditor,  treasurer,  tax  col- 
lector, assessor,  district  attorney,  coroner,  public  administrator,  superintend- 
ent of  schools  and  surveyor,  shall  be  executed  with  a  reliable  bond  and  security 
company  and  that  the  cost  of  said  bond,  when  duly  approved  shall  be  a  charge 
against  the  county,  and  payable  out  of  the  general  fund. 

17.  The  county  clerk  shall  have  one  chief  deputy,  at  a  salary  of  fifteen  hun- 
dred dollars  per  annum ;  two  court-room  deputies,  at  a  salary  of  one  thousand 
and  eighty  dollars  per  annum  each,  and  a  deputy  or  deputies  not  to  exceed  ten, 
for  the  purpose  of  registering  electors  and  for  other  emergencies,  to  be  paid 
not  to  exceed  three  dollars  per  diem  each. 

The  county  recorder,  one  deputy,  at  a  salary  of  fifteen  hundred  dollars  per 
annum,  three  deputies  at  a  salary  of  one  thousand  and  eighty  dollars  per 
annum  each. 

The  treasurer,  one  deputy  at  a  salary  of  two  thousand  dollars  per  annum; 
and  a  deputy  for  the  purpose  of  collecting  taxes  and  for  other  emergencies, 
lo  be  paid  not  to  exceed  four  dollars  per  diem. 

The  district  attorney,  an  assistant  district  attorney,  at  a  salary  of  eighteen 
hundred  dollars  per  annum,  and  a  deputy  district  attorney,  at  a  salary  of 
twelve  hundred  dollars  per  annum. 

The  superintendent  of  schools,  one  deputy,  at  a  salary  of  nine  hundred 
dollars  per  annum. 

The  sheriff,  an  under-sheriff,  who  shall  receive  a  salary  of  eighteen  hundred 
dollars  per  annum;  a  clerk,  who  shall  receive  a  salary  of  one  thousand  and 
eighty  dollars  per  annum;  two  deputy  sheriff's,  who  shall  receive  a  salary  of 
one  thousand  and  eighty  dollars  per  annum  each;  two  bailiffs  or  court-room 
deputies,  who  shall  receive  a  salary  of  one  thousand  and  eighty  dollars  per 
annum  each;  two  jailers,  who  shall  receive  a  salary  of  one  thousand  and 
eighty  dollars  per  annum  each;  and  a  deputy  or  deputies  not  to  exceed  two, 
for  the  purpose  of  serving  papers  and  for  other  emergencies  to  be  paid  not  to 
exceed  three  and  a  half  dollars  per  diem  each.  All  the  deputies,  assistants, 
and  clerks  herein  mentioned  shall  be  paid  at  the  time  and  in  the  manner  that 
the  principals  are  paid  from  and  after  the  approval  of  this  act.  [Amendment, 
Stats.  1905,  507.     In  effect  on  and  after  January  1,  1907.] 

§  166.  In  counties  of  the  ninth  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  seven  thousand  six  hundred  dollars  per  annum. 

2.  The  sheriff,  seven  thousand  eight  hundred  dollars  per  annum;  and  the 
sheriff  shall  also  receive  for  his  own  use  and  benefit  the  fees  or  commissions 
for  the  service  of  all  papers  whatsoever,  issued  by  any  court  of  the  state  out- 
side of  his  county.  And  the  board  of  supervisors  shall  allow  the  sheriff  his 
actual  and  necessary  expenses  in  serving  any  civil  or  criminal  process,  or  per- 
forming any  other  official  duty  within  his  county  at  a  distance,  by  the  ordinary 
route  of  travel,  of  more  than  sixty  miles  from  the  county  seat. 

3.  The  recorder,  the  fees  now  allowed  by  law  pertaining  to  said  recorder's 


COUNTIES     NINTH     CLASS— SALARIES — AUDITOR,    ETC.  257 

office;  provided,  that  the  fee  for  filing,  indexing,  and  canceling  tax-sale  cer- 
tificates for  land  sold  to  the  state  for  delinquent  taxes  shall  be  fifteen  cents 
for  each  certificate,  and  for  filing,  recording,  and  indexing  tax  deeds  to  the 
state,  the  fee  shall  be  seventy-five  cents  each,  all  of  which  shall  be  paid  out 
of  the  county  treasury  in  the  same  manner  that  other  claims  are  paid ;  pro- 
vided, that  the  fee  to  be  charged  by  the  recorder  for  filing  certificates  of  tax 
sale  issued  by  the  tax  collector  of  any  municipality  within  any  county  of  the 
ninth  class  shall  be  one  dollar  for  each  volume,  when  the  same  is  bound  in 
]  ook  form;  each  of  said  volumes  shall  contain  not  less  than  two  hundred  of 
such  tax  certificates;  provided,  that  all  books  of  record,  printing,  and  sta- 
tionery shall  be  furnished  and  paid  for  by  the  recorder  out  of  his  fees;  the 
style  and  quality  of  the  same  to  be  approved  by  the  board  of  supervisors. 

4.  The  auditor,  five  thousand  five  hundred  dollars  per  annum. 

5.  The  treasurer,  three  thousand  dollars  per  annum. 

6.  The  tax  collector,  seven  thousand  dollars  per  annum,  which  shall  include 
all  fees  and  percentage  as  license  collector. 

7.  The  assessor,  six*  thousand  five  hundred  dollars  per  annum,  and  such  fees 
as  are  allowed  by  law. 

8.  The  district  attorney,  five  thousand  dollars  per  annum. 

9.  The  superintendent  of  public  schools,  twenty-five  hundred  dollars  per 
annum.  He  shall  have  one  dej)uty  at  an  annual  salary  of  twelve  hundred 
dollars. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  coroner,  seventy-five  dollars  per  month,  and  in  addition  thereto  the 
board  of  supervisors  shall  allow  the  coroner  his  actual  traveling  expenses  in 
the  performance  of  his  official  duties  within  his  county  at  a  distance  by  the 
ordinary  route  of  travel  of  more  than  sixty  miles  from  the  county  seat. 

12.  The  surveyor,  three  thousand  dollars  per  annum,  which  shall  be  in  lieu 
of  all  fees  and  per  diem  now  allowed  by  law. 

13.  Constables,  in  civil  cases  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law;  and  in  criminal  cases  in  townships  having  a  population  of 
sixteen  thousand  or  more  in  lieu  of  fees  now  allowed  by  law  the  sum  of  one 
hundred  dollars  per  month;  and  in  all  townships  having  a  population  of  less 
ilian  sixteen  thousand  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law;  provided,  however,  that  no  constable  in  such  township  shall  be  allowed 
in  any  one  month  out  of  the  county  treasury  more  than  seventy-five  dollars  as 
fees  in  misdemeanor  cases ;  provided  further  that  in  such  townships  they  shall 
receive  for  each  day's  attendance  in  criminal  cases  when  required  by  the 
justice  to  be  present  two  dollars  per  day;  provided  further  that  in  all  town- 
ships the  constables  thereof  for  taking  persons  to  the  county  jail  actual  travel- 
ing expenses  only  shall  be  allowed  in  lieu  of  mileage. 

14.  Justices  of  the  peace,  in  all  townships  having  a  population  of  sixteen 
thousand  or  more  one  hundred  and  fifty  dollars  per  month  in  full  of  all  com- 
pensation in  both  civil  and  criminal  cases;  in  townships  having  a  population 
of  less  than  sixteen  thousand  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law;  provided  however,  that  no  justice  of  the  peace  in  such  township  shall 

Gen.  Laws — 17 


23S  COUNTIES     TENTH     CLASS — SALARIES     OF     OFFICERS. 

be  allowed  in  any  one  month  out  of  the  county  treasury  more  than  seventy- 
five  dollars  in  misdemeanor  cases. 

The  board  of  supervisors  of  such  county  shall  furnish  the  township  justice 
of  the  peace  and  the  constables  in  townships  having  a  population  of  sixteen 
thousand  or  more  with  suitable  court-roora  and  furniture  for  said  justice  of 
the  peace,  and  an  office  with  necessary  and  proper  furniture  therefor,  for  each 
of  said  constables. 

15.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars  per 
annum,  and  fifteen  cents  per  mile  in  going  from  his  residence  to  the  county 
seat  at  each  meeting  of  the  board.  Also,  four  hundred  dollars  per  annum 
each,  and  mileage  now  allowed  by  law,  for  services  as  road  commissioners. 

16.  In  counties  of  this  class  the  official  reporters  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  on  all  lunacy  and  preliminary  examinations  and  coroner's 
inquests,  a  monthly  salary  of  one  hundred  and  twenty-five  dollars,  payable  out 
of  the  county  treasury  at  the  same  time  and  in  the  same  manner  as  the  salaries 
of  the  county  officers;  and  for  transcription  of  said  notes,  when  required,  he 
shall  receive  the  sum  of  ten  cents  per  folio  for  the  original  and  five  cents  per 
folio  per  copy;  said  compensation  for  transcription  in  criminal  cases  and 
coroner's  inquests  to  be  audited  and  allowed  by  the  board  of  supervisors  as 
other  claims  against  the  county,  and  paid  out  of  the  county  treasury,  and  in 
civil  cases  to  be  paid  by  the  party  ordering  the  same,  or  when  ordered  by  the 
judge,  by  either  party,  or  jointly  by  both  parties,  as  the  court  may  direct, 

17.  In  counties  of  this  class  there  shall  be  but  one  horticultural  com- 
missioner. 

18.  Each  member  of  the  board  of  education  shall  receive  five  dollars  per  day 
for  not  to  exceed  sixty  days  in  any  one  year  as  compensation  for  his  services 
when  in  actual  attendance  upon  said  board,  and  mileage  at  the  rate  of  twenty 
cents  per  mile,  one  way  only,  from  his  residence  to  the  place  of  meeting  of  said 
board.  The  secretary  of  said  board  of  education  shall  receive  five  dollars  per 
day  for  not  to  exceed  sixty  days  in  any  one  year  for  his  services  for  the  actual 
time  that  the  board  may  be  in  session.  Said  compensation  of  the  members  of 
said  board  and  of  said  secretary  shall  be  paid  out  of  the  same  fund  as  the 
salary  of  the  superintendent  of  schools.  Claims  of  such  services  and  mileage 
shall  be  presented  to  the  board  of  supervisors  and  shall  be  allowed  at  the  rate 
above  named  and  in  the  same  manner  as  other  claims  against  the  county  are 
allowed.  The  compensation  of  the  members  of  the  county  board  of  education 
herein  provided  is  not  in  addition  to  that  provided  in  section  seventeen  hun- 
dred and  seventy  of  the  Political  Code.     [Amendment,  Stats.  1905,  400.] 

§  167.  In  counties  of  the  tenth  class  the  county  officers  shall  receive  as  com- 
pensation for  the  services  required  of  them  by  law,  or  by  virtue  of  their  office, 
the  following  salaries,  and  shall  have  as  assistants  the  respective  employees 
hereafter  named,  to  wit : 

1.  The  county  clerk,  four  thousand  three  hundred  dollars  per  annum,  and 
the  sum  of  five  hundred  dollars  for  making  the  great  register,  and  ten  cents 
for  each  person  registered,  and  there  shall  be,  and  there  is  hereby  allowed  to 
the  county  clerk  in  addition,  one  deputy,  to  be  appointed  by  the  county  clerk, 
who  shall  be  paid  a  salary  of  one  thousand  dollnrs  per  annum,  the  said  salary 


COUNTIES     TENTH     CLASS — SALARIES     OP     OFFICERS.  250 

to  be  paid  by  such  county  in  monthly  instalments,  at  the  time,  and  in  the  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 

2.  The  sheriff,  five  thousand  three  hundred  dollars  per  annum,  and  all  com- 
missions, fees  and  mileage  for  the  service  of  papers  or  process  coming  from 
courts  other  than  those  of  his  own  county,  and  there  shall  be,  and  there  is 
hereby  created  the  office  of  jailer,  to  be  appointed  by  the  sheriff,  who  shall  be 
paid  a  salary  of  one  thousand  two  hundred  dollars  per  annum,  said  salary  to 
be  paid  by  such  county  in  monthly  instalments,  at  the  time  and  in  the  [manner] 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum,  and  six  cents 
per  folio  for  recording,  and  four  hundred  and  fifty  dollars  per  year  for 
abstract  of  mortgages  for  the  county  assessor. 

4.  The  auditor  two  thousand  four  hundred  dollars  per  annum,  and  there 
shall  be,  and  there  is  allowed  to  the  auditor  in  addition,  one  deputy,  to  be 
appointed  by  the  auditor,  who  shall  be  paid  a  salary  of  one  thousand  dollars 
per  annum,  and  there  shall  be,  and  there  is  allowed  to  the  auditor  in  addition, 
three  clerks  to  be  appointed  by  the  auditor,  who  shall  be  paid  a  salary  of 
seventy-five  dollars  per  month  each,  not  to  exceed  one  month  in  any  one  year ; 
said  salaries  to  be  paid  by  such  county  in  monthly  instalments  at  the  time  and 
in  the  manner  and  out  of  the  same  fund  as  the  salaries  of  county  officers  are 
paid. 

5.  The  treasurer,  two  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector  three  thousand  two  hundred  dollars  per  annum;  and 
there  shall  be,  and  there  is  allowed  to  the  tax  collector  in  addition,  one  deputy, 
to  be  appointed  by  the  tax  collector,  who  shall  be  paid  a  salary  of  one  thousand 
dollars  per  annum,  said  salary  to  be  paid  by  such  county  in  montlily  instal- 
ments at  the  time  and  in  the  manner  and  out  of  the  same  fund  as  the  salaries 
of  county  officers  are  paid ;  provided,  however,  that  in  counties  of  this  class, 
the  tax  collector  shall  receive  no  fees  or  commissions  for  the  collection  of 
licenses. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per  annum,  and  there 
shall  be,  and  there  is  allowed  to  the  assessor  in  addition,  one  deputy,  to  be 
appointed  by  the  assessor,  who  shall  be  paid  a  salary  of  seventy-five  dollars 
per  month,  not  to  exceed  six  months  in  any  one  year,  said  salary  to  be  paid  by 
such  county  in  monthly  instalments  at  the  time  and  in  the  manner  and  out  of 
the  same  fund  as  the  salaries  of  county  officers  are  paid;  provided,  however, 
that  the  percentage  received  by  the  assessor  on  poll-taxes  and  personal-prop- 
erty taxes,  and  also  amounts  allowed  for  returning  names  of  persons  subject 
to  military  duty,  and  which,  in  counties  of  other  classes,  is  allowed  to  the 
tissessor  as  compensation,  shall  be  paid  by  him  into  the  county  treasury,  and 
no  part  thereof  shall  be  received  by  him  as  compensation. 

8.  The  district  attorney,  three  thousand  dollars  per  annum,  and  there  shall 
be,  and  there  is  allowed  to  the  district  attorney  in  addition,  one  deputy,  to  be 
appointed  by  the  district  attorney,  who  shall  be  an  attorney  at  law  regularly 
admitted  to  practice  before  the  supreme  court  of  the  state  of  California,  who 
shall  be  paid  a  salary  of  one  thousand  two  hundred  dollars  per  annum,  said 
salary  to  be  paid  by  such  county  in  monthly  instalments  at  the  time  and  in 
the  manner  and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 


200  COUNTIES     TENTH     CLASS — SAIiARIES     OF     OFFICERS. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools  for  full  services  including  attendance  on 
the  county  board  of  education,  one  thousand  eight  hundred  dollars  per  annum, 
and  actual  traveling  expenses,  and  there  shall  be,  and  there  is  allowed  to  the 
superintendent  in  addition,  a  deputy,  who  shall  be  appointed  by  the  superin- 
tendent of  schools,  who  shall  be  paid  a  salary  of  one  thousand  dollars  per 
annum,  said  salary  to  be  paid  by  such  county  in  monthly  instalments  at  the 
time  and  in  the  manner  and  out  of  the  same  fund  as  the  salaries  of  county 
officers  are  paid.  The  office  of  the  superintendent  of  schools  shall  be  kept  open 
on  all  business  days  from  nine  o'clock  a.  m.  to  five  o'clock  p.  m. 

12.  Each  member  of  the  board  of  education  shall  receive  five  dollars  per 
day  as  compensation  for  his  services  when  in  actual  attendance  upon  said 
board,  and  mileage  at  the  rate  of  twenty  cents  per  mile,  one  way  only,  from  his 
residence  to  the  place  of  meeting  of  said  board.  The  secretary  of  said  board 
of  education  shall  receive  five  dollars  per  day  for  his  services  for  the  actual 
time  that  the  board  may  be  in  session.  Said  compensation  of  the  members  of 
said  board  and  of  said  secretary  shall  be  paid  out  of  the  same  fund  as  the 
salary  of  the  superintendent  of  schools  is  paid.  Claims  of  such  services  and 
mileage  shall  be  presented  to  the  board  of  supervisors  and  shall  be  allowed  at 
the  rate  above  named  and  in  the  same  inanner  as  other  claims  against  the 
county  are  allowed.  The  compensation  of  the  members  of  the  county  board  of 
education  herein  provided  is  not  in  addition  to  that  provided  in  section  one 
thousand  seven  hundred  and  seventy  of  the  Political  Code. 

13.  The  surveyor,  one  thousand  five  hundred  dollars  per  annum,  and  in 
addition  thereto  all  necessary  expenses,  incurred  in  performing  county  work, 
ordered  by  the  board  of  supervisors. 

14.  The  justices  of  the  peace,  the  following  monthly  salaries,  to  be  paid 
each  month  as  salaries  of  other  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them  in  criminal  cases : 

In  townships  having  a  population  of  six  thousand  and  over,  ninety  dollars 
per  month. 

In  townships  having  a  population  of  two  thousand  four  hundred  and  less 
than  six  thousand,  seventy-five  dollars  per  month. 

In  townships  having  a  population  of  one  thousand  five  hundred  and  less 
than  two  thousand  four  hundred,  sixty  dollars  per  month. 

In  townships  having  a  population  of  eight  hundred  and  less  than  one  thou- 
sand five  hundred,  fifty  dollars  per  month. 

In  townships  having  a  population  of  five  hundred  and  less  than  eight  hun- 
dred, twenty  dollars  per  month. 

In  townships  having  a  population  less  than  five  hundred,  ten  dollars  per 
month. 

In  addition  to  the  above  salaries,  each  justice  of  the  peace  shall  collect  for 
his  own  use  in  civil  cases  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law.     [Supersedes  Stats.  1903,  217,  ch.  CXCIV.] 

15.  Constables,  the  following  monthly'  salaries,  to  be  paid  each  month  as  the 


COUIVTIES     EL,i:VKNTH     CLASS — SALARIES     OF     OFFICERS.  261 

salaries  of  county  officers  are  paid,  which  shall  be  in  full  for  all  services  ren- 
dered by  them  in  criminal  cases: 

In  townships  having  a  population  of  five  thousand  and  more,  eighty-five 
dollars  per  month;  in  townships  having  a  population  of  two  thousand  five 
liundred  and  less  than  five  thousand,  sixty-five  dollars  per  month;  in  town- 
ships having  a  population  of  fifteen  hundred  and  less  than  two  thousand  five 
hundred,  sixty  dollars  per  month;  in  townships  having  a  population  of  eight 
hundred  and  less  than  fifteen  hundred,  fifty  dollars  per  month;  in  townships 
having  a  population  of  five  hundred  and  less  than  eight  hundred,  twenty 
collars  per  month;  in  townships  having  a  population  less  than  five  hundred, 
ten  dollars  per  month.  In  addition  to  the  monthly  salary  allowed  herein, 
each  constable  may  receive  and  retain  for  his  own  use  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  for  all  services  performed  by  him  in  civil 
actions. 

The  population  of  townships  shall,  for  the  purpose  of  this  section,  be  deter- 
mined by  the  last  preceding  United  States  census,  and  in  case  townships  are 
formed  after  the  taking  of  the  census,  then  the  population  shall  be  determined 
by  multiplying  the  vote  for  governor  cast  in  such  township,  at  the  last  pre- 
ceding election,  by  four. 

16.  The  supervisors  each  the  sum  of  one  hundred  and  twenty-five  dollars 
per  month  as  supervisors  and  road  commissioners,  and  actual  traveling  ex- 
penses not  to  exceed  five  hundred  dollars  in  any  one  year;  vouchers  for  said 
traveling  expenses  shall  be  filed  with  the  proper  officer. 

17.  The  official  reporter  of  each  department  of  the  superior  court  shall  be 
and  he  is  hereby  constituted  a  county  officer  and  shall  receive,  as  full  com- 
pensation for  taking  notes  in  civil  and  criminal  cases  tried  in  said  courts,  a 
salary  of  one  thousand  eight  hundred  dollars  per  annum,  payable  in  equal 
monthly  instalments,  out  of  the  county  treasury,  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  other  county  officers;  he  shall  without  further 
compensation  act  as  the  secretary  of  the  judge  of  such  department  of  the 
superior  court;  and  for  transcription  of  said  notes,  when  required,  they  shall 
receive  the  sum  of  twenty  cents  per  folio  for  the  original  and  five  cents  per 
folio  for  a  copy,  and  also  actual  traveling  expenses,  when  reporting  outside  of 
the  county  seat.  Said  compensation  for  transcribing  in  criminal  cases,  pre- 
liminary examinations,  and  inquests,  and  traveling  expenses,  to  be  audited 
and  allowed  by  the  board  of  supervisors  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury;  and  in  civil  cases,  to  be  paid  by  the  party 
ordering  the  same,  or,  when  ordered  by  the  judge,  by  either  party  or  jointly 
by  both  parties  as  the  court  may  direct.     [Amendment,  Stats.  1905,  424.] 

§  168.  In  counties  of  the  eleventh  class,  the  cQunty  and  township  officers 
shall  receive,  as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  six  hundred  dollars  per  annum;  and 
there  shall  be,  and  there  hereby  is  allowed  to  the  county  clerk,  two  deputies 
who  shall  be  appointed  by  the  county  clerk  and  shall  each  be  paid  a  salary  of 
twelve  hundred  dollars  per  annum. 

2.  The  sheriff  shall  receive  five  thousand  dollars  per  annum ;  and  there  shall 
be  and  there  hereby  is  allowed  to  the  sheriff,  one  deputy,  who  shall  be  ap- 


sea  COUNTIES    eleventh    class — SALARIES     OF     OFFICERS. 

pointed  by  the  sheriff  and  shall  be  paid  a  salary  of  one  thousand  five  hundred 
(lollars  per  annum. 

3.  The  recorder,  two  thousand  five  hundred  dollars  per  annum,  and  there 
shall  be  and  there  is  hereby  allowed  to  the  county  recorder  two  deputies  who 
shall  be  appointed  by  the  recorder  and  shall  be  paid  a  salary  of  seven  hundred 
ynd  fifty  dollars  per  annum  each. 

4.  The  auditor  shall  receive  two  thousand  seven  hundred  dollars  per  annum. 

5.  The  treasurer  shall  receive  two  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector  shall  receive  two  thousand  eight  hundred  dollars  per 
pnnum. 

7.  The  license  collector  shall  receive  ten  per  centum  of  all  licenses  collected 
by  him. 

8.  The  assessor  shall  receive  four  thousand  five  hundred  dollars  per  annum. 
He  may  employ  such  assistance  as  may  be  necessary  in  making  maps,  plats 
cind  drawings  essential  for  use  in  the  assessor's  office  in  the  performance  of 
his  duty  and  the  expense  thereof  shall  be  a  charge  against  the  county. 

9.  The  district  attorney  shall  receive  two  thousand  four  hundred  dollars 
per  annum;  and  there  is  hereby  allowed  to  the  district  attorney  one  deputy 
to  be  appointed  by  him  who  shall  receive  a  salary  of  one  thousand  dollars 
per  annum. 

10.  The  coroner,  shall  receive  such  fees  as  are  now,  or  may  hereafter  be 
allowed  by  law. 

11.  The  public  administrator  shall  receive  such  fees  as  are  now,  or  may 
hereafter  be  allowed  by  law. 

12.  The  superintendent  of  schools,  two  thousand  dollars  per  annum;  and 
there  shall  be  and  there  is  hereby  allowed  to  the  superintendent  of  schools,  one 
deputy,  who  shall  be  appointed  by  the  superintendent  of  schools,  and  shall  be 
paid  a  salary  of  seven  hundred  and  fifty  dollars  per  annum. 

13.  The  surveyor  shall  receive  two  thousand  dollars  per  annum ;  and  neces- 
sary traveling  expenses  while  in  the  performance  of  the  duties  of  his  office. 

14.  Each  supervisor  nine  hundred  dollars  per  annum,  and  mileage  at  twenty 
cents  per  mile,  for  all  distances  traveled  by  him  as  supervisor  or  as  road  com- 
missioner; such  mileage  not  to  exceed,  in  any  one  year,  the  sum  of  seven  hun- 
dred and  fifty  dollars. 

15.  The  official  shorthand  reporter  shall  receive  two  thousand  dollars  per 
annum  for  the  department  of  the  superior  court  to  which  he  has  been  ap- 
pointed. Whenever  one  reporter  shall  be  appointed  to,  and  shall  perform  the 
duties  required  of  the  official  shorthand  reporter,  for  more  than  one  depart- 
ment of  said  superior  court  he  shall  receive  a  salary  therefor  of  two  thousand 
five  hundred  dollars  per  annum.  In  addition  thereto,  he  shall  receive  for  tran- 
scribing notes,  the  sum  of  ten  cents  per  folio,  for  the  original,  and  five  cents 
per  folio  for  all  copies  thereof.  Subdivision  fifteen  hereof,  relating  to  the 
salaries  and  fees  of  official  shorthand  reporters,  shall  take  effect  immediately. 

16.  In  townships  having  a  population  of  seven  thousand  or  over,  two  justices 
of  the  peace  shall  be  elected,  and  each  shall  receive  a  salary  of  fifty  dollars 
per  month.  In  townships  having  a  population  less  than  seven  thousand  and 
over  four  thousand  there  shall  be  but  one  justice  of  the  peace  elected  and  he 
shall  receive  a  salary  of  thirty  dollars  per  month.    In  all  other  townships  there 


COUNTIES     ELEVENTH    CLASS — SALARIES     OF     OFFICERS.  263 

shall  be  but  one  justice  of  the  peace  who  shall  receive  a  salary  of  twenty 
dollars  per  month.  All  justices  in  counties  of  this  class  shall,  in  addition  to 
the  salaries  above  provided  for,  receive  and  collect  for  their  own  use  and 
benefit,  in  civil  cases  only,  the  following  fees,  to  wit : 

(1)  Each  justice  of  the  peace  shall  be  allowed,  in  civil  actions  for  all  services 
before  trial  or  entry  of  judgment,  by  default  or  confession,  two  dollars  and 
for  all  additional  services  in  such  action,  including  execution  and  satisfaction 
of  judgment,  two  dollars. 

(2)  For  the  trial  of  civil  actions  and  all  proceedings  subsequent  thereto,  three 
dollars. 

(3)  For  certificate  and  transmitting  papers  and  transcript  on  appeal,  one 
dollar. 

(4)  For  copies  of  papers  on  docket  per  folio,  ten  cents. 

(5)  For  issuing  a  search  warrant,  the  fee  to  be  paid  by  the  party  demanding 
the  same,  one  dollar. 

(6)  For  celebrating  a  marriage,  and  returning  a  certificate  thereof  to  the 
county  recorder,  five  dollars. 

(7)  For  taking  an  acknowledgment  of  an  instrument,  for  the  first  name  fifty 
cents,  and  for  each  additional  name  twenty-five  cents. 

(8)  For  administering  an  oath,  and  certifying  the  same,  fifty  cents. 

(9)  For  issuing  a  commission  to  take  testimony,  one  dollar. 

(10)  For  all  services  connected  with  the  posting  of  estrays,  one  dollar. 

(11)  For  issuing  each  afiidavit,  certificate,  process,  writ,  order,  or  paper  re- 
quired by  law  to  be  issued,  not  otherwise  herein  provided  for,  twenty-five 
cents. 

[Note.    Paragraph  12  seems  to  be  omitted.] 

(13)  For  taking  bail  in  all  proceedings,  pending  before  another  magistrate, 
fifty  cents. 

(14)  In  townships  having  a  population  of  seven  thousand  or  over  two  con- 
stables shall  be  elected  and  each  shall  receive  a  salary  of  forty  dollars  per 
month.  In  townships  having  a  population  less  than  seven  and  over  four  thou- 
sand, there  shall  be  but  one  constable  elected,  and  he  shall  receive  a  salary  of 
twenty-five  dollars  per  month.  In  all  other  townships  there  shall  be  but  one 
constable  who  shall  receive  twenty  dollars  per  month. 

All  constables  in  addition  to  the  salaries  above  provided  for,  shall  receive 
and  collect,  for  their  own  use  and  benefit,  in  civil  cases  only,  the  following  fees, 
to  wit : 

1.  For  serving  summons  and  complaint,  for  each  defendant  served,  fifty 
cents. 

2.  For  each  copy  of  summons  made  by  him,  twenty-five  cents. 

3.  For  levying  writ  of  attachment  or  execution,  or  executing  an  order  of 
arrest,  in  a  civil  case  or  for  delivery  of  personal  property,  two  dollars. 

4.  For  serving  a  writ  of  attachment  or  execution  on  any  ship,  boat,  or 
vessel,  three  dollars. 

5.  For  keeping  personal  property,  such  sum  as  the  court  may  order;  but 
no  more  than  two  dollars  fifty  cents  per  day,  for  a  keeper,  when  necessarily 
employed. 

6.  For  taking  a  bond  or  undertaking,  one  dollar. 


264  COUNTIES     ELEVENTH     CLASs — SALARIES   OP  CONSTABLES. 

7.  For  copies  of  writs  or  other  papers,  except  summonses,  complaints,  aiud 
subpoenas,  per  folio,  fifteen  cents;  provided,  that  when  correct  copies  are 
furnished  him  for  use,  no  charges  shall  be  made  for  such  copies. 

8.  For  serving  any  writ,  notice  or  order,  except  summons,  complaint,  or 
subpoena,  for  each  person  served,  fifty  cents. 

9.  For  writing  and  posting  each  notice  of  sale  of  property,  fifty  cents. 

10.  For  furnishing  notice  of  publication,  twenty-five  cents. 

11.  For  serving  subpoenas,  each  witness  including  copy,  fifty  cents. 

12.  For  collecting  money  on  execution  two  and  one  half  per  centum. 

13.  For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

14.  For  executing  and  delivering  constable's  deed,  two  dollars  and  fifty 
cents. 

15.  For  each  mile  actually  traveled  within  his  county,  in  the  service  of 
any  civil  writ,  order,  or  paper,  in  going  only,  per  mile,  twenty-five  cents. 
No  constructive  mileage  shall  be  allowed. 

16.  For  each  mile  necessarily  traveled  within  his  county,  in  executing  a 
warrant  of  arrest,  both  in  going  to  and  returning  from  the  place  of  arrest, 
fifteen  cents;  and  the  actual  cost  of  the  transportation  of  the  prisoner  or 
prisoners  from  the  place  of  arrest  to  the  justice  court,  and  the  necessary 
expense  of  assistance ;  provided,  that  for  traveling  in  performance  of  two  or 
more  official  services  at  the  same  time,  including  the  service  of  criminal 
process,  but  one  mileage  shall  be  charged. 

17.  For  each  mile  necessarily  traveled  outside  his  county  in  executing  a 
warrant  of  arrest,  both  in  going  to  and  returning  from  the  place  of  arrest, 
fifteen  cents. 

18.  For  transporting  prisoners  to  the  county  jail,  from  the  justice's  court 
or  from  the  county  jail  to  the  justice's  court,  the  actual  cost  of  transporta- 
tion and  assistance,  and  mileage  at  twenty-five  cents  per  mile,  one  way.  In 
conveying  two  or  more  prisoners,  but  one  mileage  shall  be  charged. 

19.  For  each  day  in  which  the  constable  is  charged  with  the  custody  of  a 
prisoner  or  prisoners,  two  dollars  fifty  cents,  and  for  necessary  expense  of 
maintenance  and  assistance  in  keeping  said  prisoners. 

20.  For  summoning  a  jury  in  a  civil  case,  twenty-five  cents  for  each  of  the 
persons  so  summoned,  and  mileage  at  the  rate  of  twenty-five  cents  per  mile, 
going  only. 

21.  For  attending  court  during  the  trial  of  a  civil  cause,  per  day,  three 
dollars. 

22.  For  making  sales  of  estrays  in  civil  cases,  the  same  fees  as  for  sales  on 
execution. 

23.  For  serving  writ  of  possession  or  restitution,  putting  a  person  in  pos- 
session of  the  premises,  and  removing  the  occupants  therefrom  three  dollars 
per  day,  and  mileage  at  twenty-five  cents  per  mile,  going  only. 

24.  The  mileage  provided  for  herein  shall  be  computed  for  the  shortest 
practicable  traveled  route  between  the  two  points  for  which  mileage  is 
claimed. 

17.  All  salaries  provided  for  in  this  act  shall  be  paid  out  of  the  treasury  of 
the  county  in  monthly  instalments,  and  all  fees  shall  be  paid  from  the  countv 


COUNTIES     TWELFTH     CLASS — SALARIES     OF     OFFICERS.  265 

treasury  as  other  bills  against  the  county  are  paid.     [Amendment,  Stats.  1905, 
524.] 

§  169.  In  counties  of  the  twelfth  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a  great 
register  of  voters  is  ordered  he  shall  receive  five  hundred  dollars  additional, 
which  shall  be  in  full  for  all  services  rendered  in  registering  voters  and  making 
the  great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum,  and  the  fees 
or  commissions  for  the  service  of  all  papers  whatsoever  issued  by  any  court 
outside  of  his  county.  He  shall  appoint  a  jailer  to  take  charge  of  the  branch 
county  jail,  at  a  salary  of  six  hundred  dollars  per  annum,  to  be  paid  by  the 
county. 

3.  The  recorder,  twenty-two  hundred  and  fifty  dollars  per  annum. 

4.  The  auditor,  eighteen  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  (fifteen  hundred)  three  thousand  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  five  hundred  dollars  per  annum. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum,  and 
his  actual  traveling  expenses  while  visiting  schools. 

12.  The  surveyor  shall  receive  seven  dollars  per  diem  for  each  day  actually 
employed  in  the  performance  of  his  duties  as  a  county  officer,  and  in  addition 
thereto  all  necessary  expenses,  such  as  transportation  and  pay  of  help  which 
may  be  necessary  for  the  performance  of  county  duties. 

13.  Justices  of  the  peace,  the  following  monthly  salaries,  to  be  paid  each 
month  as  the  salaries  of  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases.  In  townships  having  a  population 
of  six  thousand  or  more,  one  hundred  dollars  per  month ;  in  townships  having  a 
population  of  two  thousand  four  hundred  and  less  than  six  thousand,  seventy- 
five  dollars ;  in  townships  having  a  population  of  two  thousand  and  less  than 
two  thousand  four  hundred,  sixty-five  dollars;  in  townships  having  a  popula- 
tion of  one  thousand  five  hundred  and  less  than  two  thousand,  fifty-five  dol- 
lars ;  in  townships  having  a  population  of  one  thousand  and  less  than  one  thou- 
sand five  hundred,  thirty  dollars;  in  townships  having  a  population  of  eight 
hundred  and  less  than  one  thousand,  twenty  dollars;  in  townships  having  a 
l)opulation  of  five  hundred  and  less  than  eight  hundred,  fifteen  dollars;  in 
townships  having  a  population  of  less  than  five  hundred,  ten  dollars.  Each 
justice  must  pay  into  the  county  treasury  once  a  month,  all  fines  collected  by 
him.  In  addition  to  the  monthly  salary  allowed  herein,  each  justice  may 
receive  for  his  own  use  such  fees  as  now  or  hereafter  may  be  allowed  by  law 
for  all  services  performed  by  him  in  civil  actions. 

14.  Constables,  the  following  salaries  which  shall  be  paid  monthly  as  salaries 
of  county  officers  are  paid,  and  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases,  to  wit :    In  townships  having  a  population  of  two 


266  COUNTIES    THIRTEENTH    CLASS — SALARIES     OF     OFFICERS. 

thousand  one  hundred  and  more,  one  hundred  dollars;  in  townships  having  a 
population  of  one  thousand  five  hundred  and  less  than  two  thousand  five  hun- 
dred, eighty  dollars;  in  townships  having  a  population  of  one  thousand  and 
Jess  than  one  thousand  five  hundred,  fifty  dollars;  in  townships  having  a 
population  of  eight  hundred  and  less  than  one  thousand,  thirty  dollars;  in 
townships  having  a  population  of  five  hundred  and  less  than  eight  hundred, 
fifteen  dollars;  in  townships  having  a  population  less  than  five  hundred,  ten 
dollars.  In  addition  to  the  monthly  salary  allowed  herein,  each  constable  may 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or  hereafter  may  be 
allowed  by  law  for  all  services  performed  by  him  in  civil  actions.  For  the 
purposes  of  this  act  the  basis  of  calculation  for  fixing  the  compensation  of  the 
justices  and  constables  above  mentioned,  the  population  of  the  different  town- 
bhips  of  the  county  shall  always  be  based  upon  the  figures  as  shown  by  the 
last  United  States  census ;  provided,  however,  that  whenever  the  census  of  any 
township  or  townships  shall  have  been  taken  under  the  provisions  of  this  act, 
said  census  may  become  the  basis  of  calculation. 

15.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  for  all 
services  rendered  and  including  mileage;  provided,  that  when  required  to  go 
on  business  to  any  point  outside  of  said  county  they  shall  be  allowed  actual 
necessary  expenses. 

16.  The  official  court  reporter  for  all  services  required  of  him  in  the  superior 
court,  excepting  for  transcribing  his  notes,  a  salary  of  one  thousand  five  hun- 
dred dollars  per  annum,  to  be  paid  by  the  county  monthly  as  the  salaries  of 
county  officers  are  paid.  For  transcribing  his  notes  of  testimony  in  the  su- 
perior court  when  required  seven  cents  per  folio  for  original  and  four  cents  per 
folio  for  copies  to  be  paid  for  when  completed  by  the  party  in  a  civil  action 
who  directs  the  work  to  be  done,  but  the  same  shall  ultimately  be  taxed  as 
costs  in  the  case.  In  criminal  proceedings  in  the  superior  court  when  the 
judge  orders  the  notes  transcribed  the  same  shall  be  paid  from  the  county 
treasury  on  the  order  of  the  court.  When  the  services  of  the  reporter  are 
demanded  in  any  civil  matter  the  clerk  shall  collect  each  day  in  advance  two 
dollars  and  fifty  cents  from  each  side  to  the  controversy,  and  pay  the  same  into 
the  county  treasury.  At  the  conclusion  of  the  trial  or  proceeding,  in  civil 
matters,  such  reporter's  fees  shall  be  taxed  as  costs  in  the  same  manner  that 
other  costs  are  taxed  in  the  case. 

17.  Members  of  the  county  board  of  education  shall  receive  ten  cents  per 
mile  for  traveling  from  his  or  her  residence  to  the  county  seat ;  provided,  that 
mileage  be  not  allowed  for  more  than  two  meetings  in  any  one  month. 
[Amendment,  Stats.  1905,  676.] 

§  170.  In  counties  of  the  thirteenth  class  the  county  and  township  officers 
shall  receive,  as  full  compensation  for  the  services  required  of  them  by  law  or 
by  virtue  of  their  offices,  the  following  fees  and  salaries : 

1.  The  county  clerk,  thirty-three  hundred  dollars  per  annum ;  provided,  that 
in  any  year  that  the  compilation  of  a  great  register  is  required  by  law  to  be 
made,  he  shall  receive  six  hundred  dollars  additional  for  said  year,  which 
shall  be  in  full  for  all  services  required  in  registering  voters  and  making  such 
new  great  register. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum,  and  mileage  for  the 


COUNTIES    THIRTEENTH    CLASS— SALARIES     OF     OFFICERS.  267 

service  of  any  and  all  processes  required  by  law  to  be  served  by  him,  at  the 
rate  of  five  cents  per  mile  for  every  mile  necessarily  traveled  in  the  perform- 
ance of  his  duty  or  in  the  serving  of  papers  of  any  kind. 

3.  The  recorder,  twenty-one  hundred  dollars;  provided  however,  that  in 
counties  of  this  class  the  recorder  shall  be  entitled  to  the  actual  cost  incurred 
by  him  for  the  recording  of  all  papers  and  documents  in  his  office  not  exceeding 
seven  cents  per  folio  for  each  paper  or  document  so  recorded;  provided 
further,  that  said  recorder  shall  file  monthly,  with  the  county  auditor,  a  veri- 
fied statement  showing  in  detail  the  persons  and  the  amounts  paid  to  each 
for  such  recording. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  twenty-four  hundred  dollars  per  annum,  provided  that 
said  tax  collector  shall  be  allowed  one  clerk  for  the  period  of  six  months 
during  each  fiscal  year  who  shall  be  appointed  by  said  tax  collector  and  be 
paid  a  salary  of  seventy-five  dollars  per  month,  the  said  salary  to  be  paid  by 
the  said  county  in  monthly  instalments  at  the  same  time,  and  in  the  same 
manner,  and  out  of  the  same  fund,  as  the  salary  of  the  tax  collector  is  paid. 

7.  The  assessor,  eighteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Each  supervisor.  Each  member  of  the  board  of  supervisors,  six  hundred 
dollars  per  annum  and  actual  mileage  to  and  from  the  county  seat  while  in  the 
discharge  of  his  official  duties,  and  mileage  as  road  commissioner,  fifteen  cents 
per  mile,  one  way;  provided  the  amount  of  mileage  for  each  supervisor  shall 
not  exceed  the  sum  of  three  hundred  dollars  in  any  one  year. 

14.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the  peace 
and  constables,  judicial  townships  in  this  class  of  counties  are  hereby  classified 
according  to  their  population  as  follows: 

Townships  containing  a  population  of  six  thousand  five  hundred  or  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class;  townships  con- 
taining a  population  of  less  than  six  thousand  five  hundred  and  more  than 
four  thousand  five  hundred  shall  belong  to  and  be  known  as  townships  of  the 
second  class ;  townships  containing  a  population  of  less  than  four  thousand  five 
hundred  and  more  than  two  thousand  five  hundred  shall  belong  to  and  be 
known  as  townships  of  the  third  class;  townships  containing  a  population  of 
less  than  two  thousand  five  hundred  and  more  than  one  thousand,  shall  belong 
to  and  be  known  as  townships  of  the  fifth  class ;  townships  containing  a 
population  of  less  than  one  thousand  and  more  than  eight  hundred  shall  belong 
to  and  be  known  as  townships  of  the  fifth  class;  townships  containing  a 
population  of  less  than  eight  hundred  shall  belong  to  and  be  known  as  town- 
ships of  the  sixth  class.    The  population  of  the  several  judicial  townships  shall 


268  COUNTIES    THIRTEENTH    CLASS — SALARIES     OF     OFFICERS. 

be  determined  for  the  purpose  of  this  and  the  succeeding  section,  by  multi- 
plying by  five  the  total  vote  cast  in  such  townships  for  governor  at  the  last 
general  election  held  November  fourth,  nineteen  hundred  and  two,  as  indicated 
by  the  official  election  returns  of  said  election. 

15.  Justices  of  the  peace  shall  receive  the  following  fees  and  salaries,  which 
shall  be  paid  monthly  in  the  same  manner  as  the  salaries  of  the  county  officers 
are  paid,  out  of  the  general  fund  of  the  county,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases ;  provided,  however,  that  if  two 
justices  of  the  peace  shall  be  elected  and  qualify  in  any  one  township,  then 
the  said  justices  shall  each  receive  one  half  of  the  salary  therein  provided  for, 
to  wit : 

In  townships  of  the  first  class,  seventy-five  dollars  per  month;  in  townships 
of  the  second  class,  fifty  dollars  per  month;  in  townships  of  the  third  class, 
twenty-five  dollars  per  month ;  in  townships  of  the  fourth  class,  fifteen  dollars 
per  month ;  in  townships  of  the  fifth  class,  five  dollars  per  month ;  in  town- 
ships of  the  sixth  class,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Each  justice  must  pay  into  the  county  treasury  once  a  month  all  fines  col- 
lected by  him.  In  addition  to  the  monthly  salaries  herein  allowed,  each  justice 
may  receive  and  retain  for  his  own  use,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  for  services  rendered  by  him  in  civil  cases ;  justices  of  the 
peace  of  the  first  and  second  classes  shall  be  allowed  their  actual  office  rent, 
not  to  exceed  the  sum  of  fifteen  dollars  each,  for  any  one  month. 

Constables  shall  receive  the  following  fees  and  salaries  which  shall  be  paid 
monthly  in  the  same  manner  as  the  salaries  of  the  county  officers  are  paid  out 
of  the  general  fund  of  the  county,  and  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases,  to  wit: 

In  townships  of  the  first  class,  thirty  dollars  per  month;  in  townships  of  the 
fc'econd  class,  thirty  dollars  per  month ;  in  townships  of  the  third  class,  twenty 
dollars  per  month;  in  townships  of  the  fourth  class,  fifteen  dollars  per  month; 
in  townships  of  the  fifth  class,  five  dollars  per  month ;  in  townships  of  the  sixth 
class,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law ;  provided,  that  in 
addition  to  the  salary  herein  allowed,  each  constable  shall  be  paid  out  of  the  treas- 
ury of  the  county  for  traveling  expenses  outside  of  his  own  township,  for  the 
service  of  a  warrant  of  arrest  or  any  other  process  in  a  criminal  case  (where  such 
service  is  in  fact  made)  both  going  and  returning  ten  cents  per  mile;  for  each  mile 
traveled  out  of  his  county,  both  going  to  and  returning  from  the  place  of  arrest 
or  other  service  of  process,  five  cents  per  mile ;  for  transporting  prisoners  to  the 
county  jail,  a  constable  shall  be  allowed  his  actual  expenses  each  way.  In 
addition  to  the  monthly  salary  allowed  him  herein,  each  constable  shall  receive 
for  his  own  use,  in  civil  cases,  the  fees  which  are  now  or  may  hereafter  be 
allowed  by  law. 

The  compensations  herein  provided  for  justices  of  the  peace  and  constables 
shall  take  effect  and  be  in  force  on  and  after  the  first  Monday  in  April,  nineteen 
hundred  and  three, 

16.  The  official  reporter  of  the  superior  court  shall  receive  the  fees  allowed 
by  law. 

17.  The  compensation  allowed  each  officer  above  enumerated  shall  be  in  full 


COUNTIES     FOURTEENTH    CLASS — SALARIES    OF    OFFICERS.  269 

for  all  services,  and  shall  include  the  pay  of  all  deputies  (except  in  the  case  of 
the  district  attorney  wherein  one  deputy  is  provided  for  within  the  discretion 
of  the  board  of  supervisors)  except  as  provided  in  section  two  hundred  and 
fifteen  of  the  County  Government  Act,  approved  eighteen  hundred  and  ninety- 
seven,  wherein  it  provides  certain  fees  and  commissions  for  the  assessor  and 
license  collector. 

§  2.  All  acts  and  parts  of  acts  inconsistent  with  this  act  in  so  far  as  they 
are  inconsistent  are  hereby  repealed, 

§  171.  In  counties  of  the  fourteenth  class  the  county  and  township  officers 
shall  receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices  the  following  salaries  and  fees,  to  wit : 

1.  The  county  clerk,  two  thousand  seven  hundred  dollars  per  annum.  In 
counties  of  this  class  there  shall  be  and  there  is  hereby  allowed  to  the  county 
clerk  for  his  own  use  and  to  be  paid  out  of  the  county  treasury  monthly  in  the 
same  manner  as  salaries  of  other  county  officers  are  paid,  the  sum  of  five  cents 
for  the  name  of  each  defendant  entered  in  the  index  labeled  "General  index — 
defendants"  as  provided  in  subdivision  four  of  section  four  thousand  two 
hundred  four  of  the  Political  Code  and  in  subdivision  four  of  section  one 
hundred  seven  of  an  act  entitled  "An  act  to  establish  a  uniform  system  of 
county  and  township  governments"  approved  April  first,  one  thousand  eight 
hundred  ninety-seven,  as  amended  March  twenty-third,  one  thousand  nine 
hundred  one;  and  the  further  sum  of  five  cents  for  each  document  recorded 
by  said  county  clerk  under  the  provisions  of  section  one  thousand  three  hun- 
dred eighty-seven  of  the  Code  of  Civil  Procedure;  and  the  further  sum  of  five 
cents  for  each  name  contained  in  the  index  of  registration  books,  to  be  pre- 
pared by  said  clerk,  under  the  provisions  of  section  one  thousand  one  hundred 
fifteen  of  the  Political  Code  of  the  state  of  California. 

2.  The  sheriff,  four  thousand  dollars  per  annum.  The  sheriff  shall  also  re- 
ceive for  his  own  use  and  benefit  all  fees,  commissions  and  mileage  for  service 
of  any  papers  issued  by  any  court  outside  of  his  county. 

3.  The  recorder,  two  thousand  one  hundred  dollars  per  annum. 

4.  The  auditor  two  thousand  two  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector  and  license  collector  two  thousand  two  hundred  dollars 
per  annum. 

7.  The  assessor  three  thousand  dollars  per  annum. 

8.  The  district  attorney  two  thousand  seven  hundred  dollars  per  annum, 
and  his  traveling,  office  and  other  expenses  in  criminal  matters  and  cases,  and 
in  civil  actions,  proceedings  and  all  other  matters  in  which  the  county  is  inter- 
ested incurred  by  him  in  the  performance  of  his  duties;  and  all  expenses  in- 
curred by  him  in  the  detection  of  crime  and  prosecution  of  criminal  cases  and 
in  civil  actions  and  proceedings  and  all  other  matters  in  which  the  county  is 
interested. 

9.  The  coroner  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  one  hundred  dollars  per 
annum  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 


270  COUNTIES    FIFTEENTH     CLASS — SALARIES     OF     OFFICERS. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  The  justices  of  the  peace  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  per 
annum  and  ten  cents  per  mile  mileage  in  traveling  to  and  from  his  residence 
to  the  county  seat;  and  for  his  services  as  road  commissioner  he  shall  receive 
twenty  cents  per  mile  for  all  distances  actually  traveled  by  him  in  the  per- 
formance of  his  duties  within  the  county ;  provided  he  shall  not  in  any  one  year 
receive  more  than  six  hundred  dollars  as  such  road  commissioner. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 
and  in  addition  thereto  they  shall  receive  three  dollars  per  day  for  attending 
court  when  required  to  do  so  during  the  actual  trial  of  the  issues  of  fact  of  a 
case,  or  during  the  examination  of  a  criminal  charge  before  a  magistrate  while 
the  evidence  is  being  taken  and  not  otherwise;  provided  that  no  more  than 
three  dollars  shall  be  charged  or  received  for  any  one  day,  and  provided 
further  that  when  the  constable  is  required  to  attend  upon  the  trial  of  more 
than  one  civil  case  on  the  same  day  his  fees  for  attendance  shall  be  equally 
apportioned  to  the  several  cases.  Constables  may  also,  by  first  obtaining  an 
order  of  the  district  attorney  of  this  county,  or  of  a  superior  judge  of  this 
state,  employ  a  temporary  guard  for  the  safe  keeping  or  protection  of  prisoners 
when  necessary,  and  shall  be  entitled  to  collect  the  actual,  reasonable  cost 
therof  as  a  county  charge.     [Amendment,  Stats.  1905,  670.] 

§  172.  In  counties  of  the  fifteenth  class  the  county  and  township  officers 
shall  receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  thirty-two  hundred  and  fifty  dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum;  and  such  mileage  as  is 
now  allowed  by  law  and  also  all  fees  for  service  of  papers  in  actions  arising 
outside  of  his  county. 

3.  The  recorder,  fifteen  hundred  dollars  per  annum,  and  four  and  one  half 
cents  per  folio  for  every  instrument  of  any  character  transcribed  by  him  or  his 
deputies,  which  said  amount  shall  be  paid  out  of  the  county  treasury,  and 
which  payment  shall  be  in  full  for  all  services,  including  indexing. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  superior  judge,  three  thousand  five  hundred  dollars  per  annum. 

8.  The  assessor,  thirty-five  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  seven  field  deputy  assessors,  who  shall  be 
appointed  by  the  assessor  of  said  county,  and  who  shall  hold  office  from  twelve 
o'clock  meridian  from  the  first  Monday  in  March  of  each  year  up  to  twelve 
o'clock  meridian  of  the  first  IMonday  of  July  of  each  year;  the  salaries  of  each 
of  said  seven  deputy  assessors  herein  provided  for  is  fixed  at  the  sum  of  one 
hundred  dollars  per  month,  to  include  horse  hire  and  traveling  expenses  for 
each  month  during  which  they  hold  office  as  herein  provided,  which  said 
salaries  shall  be  paid  by  said  county  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  assessor ;  provided,  that  all  com- 
missions shall  be  paid  into  the  couiDty  treasury. 


COUNTIES     SIXTEENTH     CLASS— SALARIES     OP     OFFICERS.  271 

9.  The  district  attorney,  twenty-five  hundred  dollars  per  annum. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

12.  The  superintendent  of  schools,  twenty-two  hundred  and  fifty  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  the  county, 
and  keep  his  office  open  on  all  business  days. 

13.  The  surveyor,  eight  dollars  per  day  while  actually  employed  by  the 
county. 

14.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases  in  townships  having  a  population  of  more  than  eight  thousand, 
.seventy-five  dollars  per  month ;  in  townships  having  a  population  of  less  than 
eight  thousand  and  more  than  five  thousand,  fifty  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  five  thousand  and  more  than  two  thou- 
sand, twenty-five  dollars  per  month ;  in  townships  having  a  population  of  less 
than  two  thousand,  ten  dollars  per  month.  In  addition  to  the  compensation 
received  in  criminal  cases,  each  justice  of  the  peace  shall  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  actions. 

15.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid  each 
month  and  in  the  same  manner  and  out  of  the  same  fund  as  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases, 
in  townships  having  a  population  of  more  than  eight  thousand,  seventy-five 
dollars  per  month;  in  townships  having  a  population  of  less  than  eight  thou- 
sand and  more  than  five  thousand,  fifty  dollars  per  month;  in  townships  having 
a  population  of  less  than  five  thousand  and  more  than  two  thousand,  twenty- 
five  dollars  per  month;  in  townships  having  a  population  of  less  than  two 
thousand,  ten  dollars  per  month;  provided,  that  each  constable  shall  receive 
his  actual  and  necessary  expenses  incurred  in  conveying  prisoners  to  the 
county  jail.  In  addition  to  the  compensation  received  in  criminal  cases,  each 
constable  shall  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

16.  Supervisors,  five  hundred  dollars  each  per  annum,  and  mileage  at  the 
rate  of  ten  cents  per  mile  in  going  to  and  coming  from  the  place  of  meeting  of 
the  board,  not  more  than  four  board  meetings  per  month;  and  as  road  commis- 
sioner, four  dollars  per  day,  not  to  exceed  four  hundred  dollars  per  year  in 
the  aggregate. 

17.  For  the  purposes  of  subdivisions  fourteen  and  fifteen  of  this  section,  the 
population  of  the  several  judicial  townships  shall  be  ascertained  by  the  board 
of  supervisors  by  multiplying  by  five  the  vote  for  presidential  electors  cast  in 
each  township  at  the  next  preceding  election.     [Amendment,  Stats.  1905,  430.] 

§  173,  In  counties  of  the  sixteenth  class  the  county  and  township  officers 
shall  receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum.    The  sheriff  shall  also 


27a  COUNTIES    SIXTEENTH    CLASS — SALARIES    OF     OFFICERS. 

receive,  in  all  civil  cases,  for  his  own  use  and  benefit,  the  fees,  commissions  and 
mileage,  which  are  now  or  which  may  hereafter  be  allowed  by  law,  and  the  fees  or 
commissions  for  the  service  of  all  papers  whatsoever  issued  by  any  court  of 
the  state  outside  of  his  county. 

3.  The  recorder,  twenty -nine  hundred  dollars  per  annum. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  fifteen  hundred  dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum;  provided, 
that  he  shall  have  power  to  appoint  one  assistant  district  attorney  at  a  salary 
of  one  thousand  dollars  per  annum,  payable  in  the  same  manner  as  that  of  other 
county  officers. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter  al- 
lowed by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  [dollars]  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county,  but  he  shall 
receive  no  extra  compensation  for  his  services  on  the  board  of  education. 

12.  The  surveyor  shall  receive  one  thousand  three  hundred  dollars  per  an- 
num for  all  work  performed  for  the  county  and  in  addition  thereto  actual 
traveling  and  other  necessary  expenses  incurred  in  connection  with  field-work; 
provided,  that  whenever  the  surveyor  is  directed  by  the  assessor  to  plat,  trace 
or  otherwise  prepare  maps,  plats,  be  allowed  only  the  actual  cost  of  preparing 
the  same. 

13.  The  justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to 
be  paid  each  month  as  salaries  of  the  county  officers  are  paid,  which  shall  be 
in  full  for  all  services  rendered  by  them  in  criminal  cases  and  all  other  criminal 
matters:  In  townships  having  a  population  of  five  thousand  or  more,  sixty-five 
dollars  per  month;  in  townships  having  a  population  of  twenty-five  hundred 
and  less  than  five  thousand,  fifty  dollars  per  month;  in  townships  having  a 
population  of  fifteen  hundred  and  less  than  twenty-five  hundred,  forty  dollars 
per  month;  in  townships  having  a  population  of  one  thousand  and  less  than 
fifteen  hundred,  thirty  dollars  per  month;  in  townships  having  a  population  of 
seven  hundred  and  less  than  one  thousand,  twenty  dollars  per  month ;  in  town- 
ships having  a  population  less  than  seven  hundred,  fifteen  dollars  per  month. 
Each  justice  must  pay  into  the  county  treasury,  once  a  month,  all  fines  col- 
lected by  him.  In  addition  to  the  monthly  salary  allowed  herein,  each  justice 
may  re^-eivc  for  his  own  use  such  fees  as  are  now,  or  may  be  hereafter  allowed 
by  law  for  all  services  performed  by  him  in  civil  actions.  There  shall  be  one 
justice  of  the  peace  for  each  of  said  townships  and  no  more. 

14.  Constables  shall  receive  the  following  salaries,  to  be  paid  each  month  as 
salaries  of  the  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases  and  all  other  criminal  matters :  In  town- 
ships having  a  population  of  five  thousand  or  more,  fifty  dollars  per  month ; 
in  townships  having  a  population  of  twenty-five  hundred  and  less  than  five 
thousand,  forty  dollars  per  month;  in  townships  having  a  population  of  fifteen 
hundred   and  less  than   twenty-five   hundred,   thirty  dollars   per   month;   in 


COUNTIES     SEVENTEENTH     CLASS — SALARIES     OF     OFFICERS.  273 

townships  having  a  population  of  one  thousand  and  less  than  fifteen  hundred, 
twenty-five  dollars  per  month;  in  townships  having  a  population  of  seven  hun- 
dred and  less  than  one  thousand,  twenty  dollars  per  month;  in  townships 
having  a  population  less  than  seven  hundred,  fifteen  dollars  per  month;  pro- 
vided, that  in  addition  to  the  salary  herein  allowed,  each  constable  shall  be 
paid  out  of  the  treasury  of  the  county  for  traveling  expenses  outside  of  his 
own  township,  for  the  service  of  a  warrant  of  arrest,  or  any  other  process  in 
a  criminal  case  or  other  criminal  matter  (when  such  service  is,  in  fact,  made) 
both  going  and  returning,  ten  cents  per  mile;  for  each  mile  traveled  out  of  his 
county,  both  going  to  and  returning  from  the  place  of  arrest  or  other  service 
of  process,  five  cents  per  mile;  for  transporting  prisoners  to  the  county  jail, 
ten  cents  a  mile  each  way.  In  addition  to  the  monthly  salary  allowed  him  herein 
each  constable  may  receive  for  his  own  use  in  civil  cases  the  fees  which  are  now 
or  may  hereafter  be  allowed  by  law, 

15.  The  supervisors,  each  the  sum  of  five  dollars  per  day  for  actual  service, 
(but  not  to  exceed  six  hundred  dollars  per  annum),  and  twenty  cents  per  mile 
for  all  distances  actually  traveled,  not  to  exceed  two  hundred  dollars  per 
annum,  in  the  performance  of  duties  as  road  commissioner,  together  with 
mileage  at  the  rate  of  twenty  cents  per  mile,  in  going  only,  from  place  of 
residence  to  the  county  seat,  at  each  session  of  the  board. 

16.  For  the  purposes  of  subdivisions  thirteen  and  fourteen  of  this  section, 
the  population  of  the  several  judicial  townships  shall  be  ascertained  and  de- 
termined by  the  board  of  supervisors,  by  multiplying  by  five  the  vote  for 
presidential  electors  cast  in  each  township  at  the  next  preceding  election. 
[Amendment,  Stats.  1905,  485.    In  effect  January  1,  1907.] 

§  174.  In  counties  of  the  seventeenth  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  twenty-five  hundred  dollars  per  annum;  provided  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
county  clerk  the  following  deputies,  who  shall  be  appointed  by  the  county 
clerk  and  shall  be  paid  salaries  as  follows :  One  chief  deputy,  at  a  salary  of  one 
hundred  dollars  per  month ;  one  court-room  clerk,  at  a  salary  of  one  hundred 
dollars  per  month.  The  salaries  of  the  chief  deputy  and  court-room  clerk 
herein  provided  for  shall  be  paid  by  said  county  in  monthly  instalments,  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  county  clerk  is  paid. 

2.  The  sherifi^,  six  thousand  dollars  per  annum. 

3.  The  recorder,  twenty-eight  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  recorder  a 
deputy,  who  shall  be  appointed  by  the  said  recorder,  and  who  shall  be  paid 
the  following  salary,  to  wit :  Ninety  dollars  per  month,  said  salary  to  be  paid 
by  said  county  in  monthly  instalments,  at  the  same  time  and  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  recorder  is  paid. 

4.  The  auditor,  twenty-two  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  county  auditor 
one  deputy,  who  shall  be  appointed  by  the  county  auditor  and  paid  a  salary  of 
liinety  dollars  per  month,  said  salary  to  be  paid  by  said  county  in  monthly 

Gen.  Laws — 18 


274  COUNTIES       SEVENTEENTH     CLASS— SALARIES     OF     OFFICERS. 

instalments,  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  county  auditor  is  paid. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  assessor  two 
deputies,  for  a  period  of  four  months  during  each  fiscal  year,  who  shall  be 
appointed  by  said  assessor,  and  be  paid  a  salary  of  seventy-five  dollars  per 
month,  said  salary  to  be  paid  by  said  county  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salarj-  of 
the  assessor  is  paid. 

8.  The  district  attorney,  two  thousand  five  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to 
the  district  attorney  a  deputy,  who  shall  be  appointed  by  said  district  attorney, 
and  who  shall  be  paid  the  following  salary,  to  wit:  Fifty  dollars  per  month, 
said  salary  to  be  paid  by  said  county  in  monthly  instalments,  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  district 
attorney  is  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  adminstrator,  such  fees  as  are  now  or  may  be  hereafter  al- 
lowed by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  county  surveyor,  shall  receive  twelve  hundred  dollars  per  annum 
and  necessary  costs  of  transportation  to  and  from,  and  necessary  expense  in 
the  field  while  engaged  on  public  work. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law ;  provided,  that  in  townships  having  a  population  of  over  six  thousand, 
as  shown  by  the  United  States  census  of  nineteen  hundred,  in  lieu  of  fees  in 
criminal  cases,  and  in  full  compensation  for  all  services  rendered  in  criminal 
cases,  justices  of  the  peace  shall  receive  a  salary  of  ninety  dollars  per  month, 
payable  at  the  same  time  and  in  the  same  manner  as  the  salary  of  other  county 
officers. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  alloAved  by  law; 
provided,  that  in  townships  having  a  population  of  over  six  thousand,  as 
shown  by  the  United  States  census  of  nineteen  hundred,  in  lieu  of  fees  in 
criminal  cases  and  in  full  compensation  of  all  services  rendered  in  criminal 
cases,  constables  shall  receive  a  salary  of  seventy-five  dollars  per  month,  pay- 
able at  the  same  time  and  in  the  same  manner  as  salaries  of  other  county 
officers;  provided  further,  that  in  addition  to  the  monthlj^  salary  herein  al- 
lowed, constables  of  townships  of  over  six  thousand  inhabitants  shall  also  be 
allowed  all  necessary  expense  actually  incurred  outside  of  their  townships,  in 
pursuing  and  conveying  prisoners  to  court  or  to  prison,  and  said  expense  shall 
be  audited  and  allowed  by  board  of  supervisors  and  paid  out  of  the  county 
treasury. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and  twenty  cents  per 
mile  for  traveling  from  his  residence  to  the  county  seat ;  and  as  road  commis- 


COUNTIES      EIGHTEENTH     CLASS — SALARIES     OF     OFFICERS.  275 

sioner,  four  dollars  per  day,  not  to  exceed  two  hundred  dollars  per  annum  in 
the  aggregate. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  a  monthly  salary  of  one  hundred  and  twenty-five  dollars,  payable 
out  of  the  county  treasury  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  county  officers ;  and  for  the  transcription  of  said  notes,  when  re- 
quired, he  shall  receive  the  sum  of  ten  cents  per  folio  for  the  original  and 
five  cents  per  folio  for  a  copy ;  said  compensation  for  transcription  in  criminal 
cases  to  be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county  treasury,  and  in  civil  cases  to 
be  paid  by  the  party  ordering  the  same,  or,  when  ordered  by  the  judge,  by 
either  party,  or  jointly  by  both  parties,  as  the  court  may  direct.  [Amendment, 
Stats.  1905,  313.] 

§  175.  In  counties  of  the  eighteenth  class,  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office  the  following  salaries,  to  wit : 

1.  The  county  clerk,  four  thousand  dollars  per  annum. 

2.  The  sheriff,  six  thousand  five  hundred  dollars  per  annum,  and  mileage  for 
the  service  of  any  and  all  processes  required  by  law  to  be  served  by  him  at  the 
rate  of  ten  cents  per  mile  for  every  mile  necessarily  traveled  in  the  perform- 
ance of  such  duty. 

3.  The  recorder,  two  thousand  dollars  per  annum,  and  six  cents  per  folio  for 
every  instrument  of  any  character  transcribed  by  him  or  his  deputies,  which 
said  amount  shall  be  paid  by  the  county  treasurer  out  of  the  county  treasury. 

4.  The  auditor,  three  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  as  such  tax  collector  or  as  ex  officio  license  collector  he  shall  not 
have  or  receive  any  compensation  for  or  percentage  upon  the  collection  of 
any  license. 

7.  The  assessor,  five  thousand  dollars  per  annum. 

8.  The  district  attorney,  four  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  eight  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county, 
and  one  deputy  at  a  salary  of  one  thousand  two  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now,  or  may  hereafter  be  allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries  to  be 
paid  each  month  as  salaries  of  county  officers  are  paid,  which  shall  be  in  full 
compensation  for  all  services  rendered  as  hereinafter  provided: 

In  townships  having  a  population  of  three  thousand  or  more,  eighty-five 
dollars  per  month,  which  said  salary  shall  be  in  full  compensation  for  all 
services  rendered  by  said  justices  of  the  peace  in  both  civil  and  criminal  cases, 
and  all  such  fees  as  are  allowed  by  law  in  civil  cases  shall  be  paid  by  said 


276  COUNTIES     EIGHTEENTH     CLASS— SALARIES     OF     OFFICERS. 

justices  of  the  peace  into  the  county  treasury,  as  the  fees  of  county  officers  are 

paid  in. 

In  townships  having  a  population  of  not  less  than  two  thousand  and  under 
three  thousand,  thirty  dollars  per  month,  which  shall  be  in  full  compensation 
for  all  services  rendered  in  criminal  cases.  In  addition  to  the  above  salary 
each  justice  of  the  peace  shall  collect  and  retain  for  his  own  use  and  benefit  in 
civil  cases,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

In  townships  having  a  population  of  not  less  than  one  thousand  and  under 
two  thousand,  twenty  dollars  per  month,  which  shall  be  in  full  compensation 
for  all  services  rendered  in  criminal  cases.  In  addition  to  the  above  salary 
each  justice  of  the  peace  shall  collect  and  retain  for  his  own  use  and  benefit  in 
civil  cases,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

In  townships  having  a  population  of  less  than  one  thousand,  fifteen  dollars 
per  monch,  which  shall  be  in  full  compensation  for  all  services  rendered  in 
criminal  cases.  In  addition  to  the  above  salary  each  justice  of  the  peace  shall 
collect  and  retain  for  his  own  lise  and  benefit  in  civil  cases,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month  as  salaries  of  county  officers  are  paid,  which  shall  be  in  full  compensa- 
tion for  all  services  rendered  by  them  in  criminal  cases : 

In  townships  having  a  population  of  more  than  three  thousand,  fifty  dollars 
per  month.  In  addition  to  the  monthly  salary  allowed  herein,  each  constable 
may  collect  and  retain  for  his  own  use  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

In  townships  having  a  population  of  not  less  than  two  thousand  and  under 
three  thousand,  forty  dollars  per  month.  In  addition  to  the  monthly  salary 
allowed  herein,  each  constable  may  collect  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  all  services  performed 
in  civil  cases. 

In  townships  having  a  population  of  not  less  than  one  thousand  and  under 
two  thousand,  twenty-five  dollars  per  month.  In  addition  to  the  monthly 
salary  allowed  herein,  each  constable  may  collect  and  retain  for  his  own  use 
such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  all  services  per- 
formed by  him  in  civil  cases. 

In  townships  having  a  population  of  less  than  one  thousand,  ten  dollars  per 
month.  In  addition  to  the  monthly  salary  allowed  herein,  each  constable  may 
collect  and  retain  for  his  own  use  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law  for  all  services  performed  in  civil  cases. 

In  addition  to  the  monthly  salary  allowed  herein,  each  constable  shall  also 
be  allowed  ten  cents  per  mile  for  each  mile  necessarily  traveled  in  the  execu- 
tion of  all  criminal  process,  and  all  expenses  necessarily  and  actually  incurred 
by  him  in  transporting  prisoners  to  court  and  to  prison. 

15.  It  shall  be  the  duty  of  each  and  every  constable  and  justice  of  the  peace 
to  file,  on  or  before  the  first  Monday  of  each  and  every  month,  a  full  and  com- 
plete statement,  showing  all  business  both  civil  and  criminal  done  during  the 
preceding  month  with  the  board  of  supervisors,  and  shall  file  same  on  or  before 
said  date  above  mentioned  with  the  clerk  of  said  board.  The  statement  of  the 
constables  shall  contain  a  full  and  correct  account  of  all  process  served  in 


COUNTIES     NINETEENTH    CLASS— SALARIES     OF       OFFICERS.  277 

both  civil  and  criminal  actions,  also  in  criminal  cases  places  where  defendants 
were  arrested,  together  with  the  mileage.  And  justices  of  the  peace  shall  file 
a  full  and  correct  statement  of  all  civil  and  criminal  actions  and  fees  received 
therefrom.  Said  statements  to  be  sworn  to  either  before  the  county  clerk  or 
some  officer  allowed  by  law  to  administer  oaths. 

16.  The  board  of  supervisors  shall  determine  the  population  of  each  town- 
ship for  the  purpose  of  fixing  the  salary  of  the  township  officers  aforesaid. 

17.  The  provisions  of  section  one  hundred  and  seventy-five  shall  be  in  force 
from  and  after  the  passage  of  this  act. 

18.  Each  supervisor,  one  thousand  dollars  per  annum  for  personal  services 
performed  by  him  as  supervisor,  member  of  the  board  of  equalization  and  road 
commissioner.  Each  supervisor  shall  also  receive  his  actual  and  necessary 
traveling  expenses  incurred  in  performing  any  of  the  duties  of  his  office,  to  be 
allowed  by  the  board  of  supervisors  and  paid  out  of  the  county  general  fund ; 
provided,  that  the  amount  so  allowed  him  for  such  expenses  shall  not  exceed 
forty  dollars  for  any  one  month. 

19.  No  fees  shall  be  allowed  the  sheriff  or  tax  collector  for  collecting  licenses 
in  counties  of  this  class.     [Amendment,  Stats.  1905,  482.] 

§  176.  In  counties  of  the  nineteenth  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  thirty -two  hundred  and  fifty  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  one  deputy  county  clerk,  who 
shall  be  appointed  by  the  county  clerk,  and  paid  a  salary  of  seventy-five  dol- 
lars per  month,  said  salary  to  be  paid  by  the  said  county  in  monthly  instal- 
ments, at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  county  clerk  is  paid. 

1%.  A  registration  clerk  to  be  appointed  by  the  county  clerk  and  hold  office 
during  the  pleasure  of  the  county  clerk,  at  a  salary  of  seventy-five  dollars  per 
month,  payable  out  of  the  same  fund  and  in  the  same  manner  as  the  salary 
of  other  county  officers  are  paid. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  such  mileage  as  is  now 
allowed  by  law;  all  expenses  incurred  in  criminal  cases,  and  also  all  fees  for 
services  of  papers  in  actions  arising  outside  of  his  county  and  the  sum  of 
thirty-seven  and  one  half  cents  per  day,  for  feeding  each  prisoner  committed 
to  his  custody;  and  one  deputy  sheriff  to  act  as  jailer,  shall  be  appointed  by 
the  sheriff,  and  be  paid  a  salary  of  fifty  dollars  per  month,  said  salary  to  be 
paid  by  the  said  county  in  monthly  instalments,  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  sheriff  is  paid. 

3.  The  recorder,  thirty-two  hundred  and  fifty  dollars  per  annum,  and  ten 
cents  per  name  for  inserting  each  name  (as  grantor  or  grantee),  in  the  general 
index;  and  ten  cents  for  each  and  every  mortgage,  trust  deed  and  tax. sale 
abstracted  in  preparing  abstract  of  mortgage  and  tax  sales  for  the  assessor ; 
tax  sales  provided  for  in  section  thirty-eight  hundred  and  seventeen  of  the 
general  fund. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  annum.  The  county 
auditor  shall  charge  and  collect  for  the  clerical  service  of  making  estimates  of 
tax  sales  provided  for  in  section  thirty-eight  hundred  and  seventeen  of  the 


378  COUNTIES    NINETEENTH    CLASS — SALARIES     OF    OFFICERS. 

Political  Code,  the  sum  of  twenty-five  cents  for  each  tax.  sale.  If  the  property 
is  delinquent  for  two  years  or  less,  the  sum  of  fifty  cents  for  each  sale  if  the 
property  is  delinquent  for  more  than  two  years. 

If  said  estimates  are  returned  to  the  auditor  and  redemption  made  within 
ten  days  from  date  of  issue  and  prior  to  the  charge  of  penalty,  as  provided  for 
in  section  number  thirty-eight  hundred  and  seventeen  of  the  Political  Code, 
the  amount  charged  for  making  said  estimates  shall  be  refunded  to  the  redemp- 
tioner.  If  the  redemption  is  not  made  as  herein  provided  then  the  sum 
charged  for  making  the  estimate  shall  be  retained  by  said  auditor  for  his 
services  of  making  said  estimates. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  one  deputy  treasurer,  who  shall  be 
appointed  by  the  treasurer,  and  paid  a  salary  of  sixty-five  dollars  per  month; 
said  salary  to  be  paid  by  the  said  county  in  monthly  instalments,  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
treasurer  is  paid ;  provided  that  a  bond  of  the  treasurer  shall  be  executed  with 
a  reliable  bond  and  security  company,  and  that  the  cost  of  said  bond,  when 
duly  approved,  shall  be  a  charge  against  the  county  and  payable  out  of  the 
general  fund. 

6.  The  tax  collector,  eighteen  hundred  dollars  per  annum,  and  as  licensed 
tax  collector,  ten  per  centum,  of  all  licenses  collected ;  provided,  that  in 
counties  of  this  class  there  shall  be  one  deputy  tax  collector,  who  shall  be 
iippointed  by  the  tax  collector,  and  paid  a  salary  of  sixty-five  dollars  per 
month,  said  salary  to  be  paid  by  the  said  county  in  monthly  instalments,  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  tax  collector  is  paid. 

7.  The  district  attorney,  twenty-five  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  one  deputy  district  attorney,  who 
shall  be  appointed  by  the  district  attorney,  and  paid  a  salary  of  one  hundred 
<Tollars  per  month,  said  salary  to  be  paid  by  the  said  county  in  monthly  instal- 
ments, at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  district  attorney  is  paid. 

8.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county;  provided, 
that  in  counties  of  this  class  there  shall  be  one  deputy  superintendent  of 
schools,  who  shall  be  appointed  by  the  superintendent  of  schools,  and  paid  a 
salary  of  seventy-five  dollars  per  month,  said  salary  to  be  paid  by  the  said 
county  in  monthly  instalments,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salarj^  of  the  superintendent  of  schools  is 
paid. 

9.  The  assessor,  thirty-two  hundred  and  fifty  dollars  per  annum ;  provided, 
that  in  counties  of  this  class  there  shall  be  one  deputy  assessor,  who  shall  be 
r.ppointed  by  the  assessor,  to  hold  office  during  the  months  of  March,  April, 
May,  and  June  in  each  year  and  be  paid  a  salary  of  seventy-five  dollars  per 
month,  during  said  four  months,  said  salary  to  be  paid  by  the  said  county  in 
monthly  instalments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  assessor  is  paid. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 


COUNTIES     NINETEENTH    CLASS — SALARIES     OF    OFFICERS.  279 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  ]aw. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month  as  the  salaries  of  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases :  In  townships  having 
a  population  of  three  thousand  or  more,  one  hundred  dollars  a  month;  in 
townships  having  a  population  of  twenty-five  hundred  and  less  than  three 
thousand,  fifty  dollars  a  month;  in  townships  having  a  population  of  two 
thousand  and  less  than  twenty-five  hundred,  forty-five  dollars  a  month;  in 
townships  having  a  population  of  twelve  hundred  and  less  than  two  thousand, 
forty  dollars  a  month ;  in  townships  having  a  population  of  one  thousand  and 
less  than  twelve  hundred,  twenty  dollars  a  month;  in  townships  having  a 
population  of  four  hundred  and  fifty  and  less  than  one  thousand,  fifteen  dollars 
a  month;  in  townships  having  a  ptjpulation  of  less  than  four  hundred  and  fifty, 
five  dollars  a  month.  Each  justice  must  pay  into  the  county,  once  a  month  all 
fines  collected  by  him  in  criminal  cases,  and  the  auditor  must  withhold  war- 
rants for  salary  until  a  sworn  statement  has  been  filed  with  him  of  all  criminal 
cases  tried  and  fines  collected  and  paid  into  the  county  treasury.  In  addition 
to  the  monthly  salary  allowed  herein,  each  justice  may  receive  for  his  own  use 
in  civil  cases  the  fees  allowed  by  law.  For  all  services  appertaining  to  the 
coroner's  office  which  the  coroner  is  unable  to  attend  to,  the  justice  of  the  peace 
shall  receive  the  same  fees  as  are  allowed  the  coroner  in  similar  cases. 

14.  Constables  shall  receive  the  following  salaries  to  be  paid  each  month  as 
the  salaries  of  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases :  In  townships  having  a  population  of 
three  thousand  or  more,  one  hundred  dollars  a  month;  in  townships  having  a 
population  of  twenty-five  hundred  and  less  than  three  thousand,  eighty  dollars 
a  month ;  in  townships  having  a  population  of  two  thousand  and  less  than 
twenty-five  hundred,  seventy-seven  and  one  half  dollars  a  month ;  in  townships 
having  a  population  of  twelve  hundred  and  less  than  two  thousand,  seventy- 
five  dollars  a  month;  in  townships  having  a  population  of  one  thousand  and 
less  than  twelve  hundred,  thirty-five  dollars  a  month;  in  townships  having  a 
population  of  four  hundred  and  fifty  and  less  than  one  thousand,  twenty-five 
dollars  a  month;  in  townships  having  a  population  of  less  than  four  hundred 
and  fifty,  five  dollars  a  month;  provided  further,  that  in  addition  to  the  salary 
lierein  allowed,  each  constable  shall  be  paid  out  of  the  treasury  of  the  county 
for  traveling  expenses  outside  of  his  township,  for  service  of  a  warrant  of 
arrest  or  any  other  paper  in  a  criminal  case,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law.  For  transporting  prisoners  to  the  county  jail,  the 
actual  expense  of  such  transportation.  In  addition  to  the  monthly  salaries 
allowed  him  herein,  each  constable  may  receive  for  his  own  use  in  civil  cases 
the  fees  allowed  by  law. 

15.  The  population  of  the  several  judicial  townships,  for  the  purpose  of 
fixing  the  compensation  of  township  officers,  shall  be  ascertained  and  declared 
by  the  board  of  supervisors  on  the  first  Monday  after  the  first  day  of  January, 
nineteen  hundred  and  three,  and  on  the  first  Monday  after  the  first  day  of 
January  every  succeeding  two  years  thereafter. 


280  COUNTIES     TWENTIETH     CLASS — SALARIES     OF     OFFICERS. 

16,  Each  member  of  the  board  of  supervisors,  nine  hundred  dollars  per 
annum :  And  as  road  commissioner,  three  hundred  dollars  per  annum. 

17.  Grand  jurors  or  trial  jurors  in  criminal  cases  in  the  superior  court  shall 
leceive,  as  compensation  for  each  day's  attendance,  per  day,  three  dollars; 
and  for  each  mile  actually  traveled,  in  attending  court  as  a  grand  juror  or 
juror  in  a  criminal  case,  in  the  superior  court  in  going  only,  per  mile,  fifteen 
cents.  The  county  clerk  shall  certify  to  the  auditor  the  number  of  days  attend- 
ance and  the  number  of  miles  traveled  by  each  juror,  and  the  auditor  shall 
draw  his  warrant  for  the  amount  to  which  each  juror  is  entitled,  and  the  treas- 
urer shall  pay  the  same.     [Amendment,  Stats.  1905,  352.] 

§  177.  In  counties  of  the  twentieth  class,  county  officers  shall  receive  as, 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  two  hundred  dollars  per  annum;  pro- 
vided that  in  years  when  a  great  register  is  ordered  the  county  clerk  shall 
receive  in  addition  to  his  regular  salary  the  sum  of  five  hundred  dollars  for 
such  service. 

2.  The  sheriff,  forty-three  hundred  dollars  per  annum,  and  all  commissions, 
fees  and  mileage  for  the  service  of  papers  or  process  coming  from  courts  other 
than  those  of  his  own  countJ^ 

3.  The  recorder,  twelve  hundred  dollars  per  annum,  and  six  cents  per  folio 
for  every  instrument  of  any  character  transcribed  by  him  or  his  deputies,  and 
five  cents  for  each  name  indexed,  which  said  amount  shall  be  paid  out  of  the 
county  treasury,  and  which  payment  shall  be  in  full  for  all  services,  including 
the  recording  of  mining  claims. 

4.  The  auditor,  two  thousand  two  hundred  dollars  per  annum.  The  county 
auditor  shall  charge  and  collect  for  the  clerical  labor  of  making  estimates  of 
tax  sales,  provided  for  in  section  thirty-eight  hundred  and  seventeen  of  the 
Political  Code,  the  sum  of  twenty-five  cents  for  each  tax  sale,  if  the  property  is 
delinquent  for  two  years  or  less;  and  the  sum  of  fifty  cents  for  each  sale  if 
said  property  is  delinquent  for  more  than  two  years.  If  said  estimates  are 
returned  to  the  auditor  and  redemption  made  within  twenty  days  from  the 
date  of  issue  and  prior  to  the  charge  of  penalties  as  provided  in  section  thirty- 
eight  hundred  and  seventeen  of  the  Political  Code,  the  amounts  charged  for 
making  said  estimates  shall  be  refunded  to  the  redemptioner ;  if  redemption 
Js  not  made  as  herein  provided,  then  the  sums  charged  for  making  the  esti- 
mates shall  be  retained  by  the  auditor  for  his  services  of  making  said  estimates. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the  treasurer 
one  deputy,  to  be  appointed  by  him,  who  shall  receive  from  the  county  a  salary 
of  forty  dollars  ($40)  per  month,  to  be  paid  by  said  county  in  monthly  instal- 
ments at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  treasurer. 

6.  The  tax  collector,  twenty-five  hundred  dollars  per  annum. 

7.  The  assessor,  forty-eight  hundred  dollars  per  annum,  which  shall  be  in 
full  for  all  work  in  his  office  and  for  his  field  deputies. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  mav  hereafter  be  allowed  hv  Taw. 


COUNTIES     TWENTIETH     CLASS— SALARIES     OP     OFFICERS.  281 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum.  His 
office  shall  be  kept  open  on  all  business  days  from  nine  a.  m.  to  five  p.  m.  He 
shall  be  allowed  his  actual  traveling  expenses  when  visiting  the  schools  of  his 
county,  provided  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  county  school  superintendent  of  schools,  one  deputy  to  be 
appointed  by  him  who  shall  receive  from  the  county  a  salary  of  eighty-five 
dollars  ($85)  per  month,  to  be  paid  by  said  county  in  monthly  instalments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  superintendent  of  schools. 

12.  The  surveyor,  fifteen  hundred  dollars  per  annum,  and  in  addition  thereto 
all  necessary  expenses  and  transportation  on  work  performed  in  the  field; 
provided,  that  in  counties  of  this  class,  when  the  board  of  supervisors  order  a 
new  set  of  assessor's  maps  made,  there  shall  be  and  there  hereby  is  allowed 
to  the  surveyor,  for  such  purpose,  three  draftsmen,  who  shall  be  appointed  by 
the  surveyor  of  said  county,  and  shall  be  paid  salaries  as  follows:  one  drafts- 
man at  a  salary  of  eighty  dollars  ($80)  per  month;  two  draftsmen  at  a  salary 
of  seventy-five  dollars  ($75)  per  month  each.  The  salaries  of  the  draftsmen, 
herein  provided  for,  shall  be  paid  in  monthly  instalments  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  surveyor. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month,  as  salaries  of  the  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases :  in  townships  having  a 
population  of  eight  thousand  or  more,  seventy-five  dollars  per  month ;  in  town- 
ships having  a  population  of  six  thousand  and  less  than  eight  thousand,  fifty 
dollars  per  month;  in  townships  having  a  population  of  four  thousand  and  less 
than  six  thousand,  twenty-five  dollars  per  month ;  in  townships  having  a  popu- 
lation of  two  thousand  and  less  than  four  thousand,  fifteen  dollars  per  month ; 
in  townships  having  a  population  of  one  thousand  and  less  than  two  thousand, 
ten  dollars  per  month ;  in  townships  having  a  population  of  less  than  one  thou- 
sand, five  dollars  per  month;  provided,  that  in  all  townships  having  an  area 
equal  to  or  exceeding  one  thousand  square  miles,  such  salary  shall  not  be  less 
than  fifty  dollars  per  month.  Each  justice  must  pay  into  the  county  treasury, 
once  a  month,  all  fines  collected  by  him  in  criminal  cases,  and  the  auditor  shall 
withhold  warrant  for  salary  until  a  sworn  statement  has  been  filed  with  him 
of  all  criminal  cases  tried  and  fines  collected  and  paid  into  the  county  treas- 
ury. In  addition  to  the  monthly  salary  allowed  herein,  each  justice  may 
receive  for  his  own  use  in  civil  cases  the  fees  allowed  by  law.  For  all  services 
appertaining  to  the  coroner's  office  which  the  coroner  is  unable  to  attend  to, 
Ihe  justice  of  the  peace  shall  receive  the  same  fees  as  are  allowed  the  coroner 
in  similar  cases. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month  as  the  salaries  of  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases ;  in  townships  having  a  population 
of  eight  thousand  or  more,  seventy-five  dollars  a  month ;  in  townships  having 
a  population  of  six  thousand  and  less  than  eight  thousand,  fifty  dollars  a 
month;  in  townships  having  a  population  of  four  thousand  and  less  than  six 


282  COUNTIES     TWENTY-FIRST     CLASS — SALARIES     OF     OFFICERS. 

thousand,  twenty-five  dollars  a  month;  in  townships  having  a  population  of 
two  thousand  and  less  than  four  thousand,  fifteen  dollars  a  month;  in  town- 
ships having  a  population  of  one  thousand,  and  less  than  two  thousand,  ten 
fiollars  a  month;  in  townships  having  a  population  of  less  than  one  thousand, 
five  dollars  a  month ;  provided  that  in  all  townships  having  an  area  equal  to  or 
exceeding  one  thousand  square  miles,  such  salary  shall  not  be  less  than  fifty 
dollars  per  month;  provided  further,  that  in  addition  to  the  salary  herein 
allowed,  each  constable  shall  be  paid  out  of  the  treasury  of  the  county  for 
traveling  expenses  outside  of  his  own  township,  for  service  of  a  warrant  of 
arrest  or  any  other  paper  in  a  criminal  case,  both  going  and  returning,  ten 
cents  per  mile ;  for  each  mile  traveled  out  of  his  county,  both  going  and  return- 
ing from  the  place  of  arrest  or  other  service,  five  cents  per  mile.  For  trans- 
porting prisoners  to  the  county  jail,  the  actual  cost  of  such  transportation. 
In  addition  to  the  monthly  salary  allowed  him  herein,  each  constable  shall 
receive  for  his  own  use  in  civil  cases  the  fees  allowed  by  law. 

15.  The  population  of  the  several  townships  shall  be  determined  by  the  last 
United  States  census,  and  in  case  townships  are  formed  after  the  taking  of  the 
census,  then  the  population  shall  be  determined  by  multiplying  the  vote  for 
presidential  electors  cast  in  such  township  at  the  last  preceding  general  elec- 
tion by  five. 

16.  Each  supervisor,  five  hundred  dollars  per  annum,  and  fifteen  cents  per 
mile  one  way  for  traveling  from  his  residence  to  the  county  seat;  provided, 
that  not  more  than  four  mileages  shall  be  allowed  in  any  one  month.  When 
serving  as  road  commissioner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

17.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  for  taking  notes  of  the  proceedings  and  testimony  at  all 
coroner's  inquests  in  the  county,  when  requested  by  the  coroner,  and  for 
taking  notes  of  the  testimony  and  proceedings  in  all  examinations  before  com- 
mitting magistrates,  when  requested  by  the  district  attorney,  a  monthly  salary 
cf  one  hundred  dollars  ($100)  payable  out  of  the  county  treasury,  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of  county  officers ;  and  for  tran- 
scription of  said  notes  when  required  he  shall  receive  the  sum  of  five  cents  per 
i'olio  for  the  original  and  five  cents  per  folio  for  copy,  said  compensation  for 
transcription  in  criminal  cases,  coroner's  inquests  and  preliminary  examina- 
tions to  be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims 
?i gainst  the  county  and  paid  out  of  the  county  treasury,  and  in  civil  cases  to 
be  paid  by  the  party  ordering  the  same,  or  when  ordered  by  the  judge  by 
either  party,  or  jointly  by  both  parties,  as  the  court  may  direct.  When  neces- 
sary for  such  reporter  to  travel  away  from  the  county  seat  in  the  performance 
of  his  duty,  he  shall  receive  his  actual  and  necessary  traveling  expenses,  to  be 
allowed  and  paid  by  the  board  of  supervisors  as  are  the  other  county  charges. 
[Amendment,  Stats.  1905,  301.] 

§  178.  In  counties  of  the  twenty-first  class  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a  great 


COUNTIES     TT^'ENTY-PIRST     CLASS— SALARIES     OF     OFFICERS.  2S3 

register  of  votes  is  ordered  he  shall  receive  six  hundred  and  fifty  dollars  addi- 
tional, which  shall  be  in  full  for  all  services  rendered  in  registering  votes  and 
making  the  great  register, 

2.  The  sheriff,  six  thousand  dollars  per  annum.  The  sheriff  shall  also 
receive  for  his  own  use,  for  serving  all  papers  issued  from  justice's  courts,  the 
same  fees  as  are  now  or  may  be  hereafter  allowed  by  law  to  constables  for  like 
service. 

3.  The  recorder,  three  thousand  two  hundred  dollars  per  annum. 

4.  The  auditor,  eight  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  six  hundred  and  fifty  dollars  per  annum. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  five  hundred  dollars  per  annum ;  and 
the  district  attorney  may  appoint  one  deputy,  which  office  is  hereby  created, 
at  a  salary  of  six  hundred  dollars  per  annum.  The  deputy  district  attorney  to 
hold  office  at  the  pleasure  of  the  district  attorney.  The  salary  of  such  deputy 
l"0  be  paid  monthly  and  in  the  same  manner  as  salaries  of  county  officers  are 
now  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  four  hundred  dollars  per  annum. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum ;  pro- 
vided, if  he  shall  engage  in  any  other  occupation  during  his  term  of  office  his 
salary  shall  only  be  six  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Each  member  of  the  board  of  supervisors  shall  receive  for  his  services 
the  sum  of  nine  hundred  dollars  per  annum,  and  twenty  cents  per  mile  in 
traveling  to  and  from  his  residence  to  the  county  seat ;  provided,  that  no  more 
than  one  mileage  at  any  one  term  of  the  board  shall  be  allowed,  and  that  one 
fourth  of  the  annual  salary  shall  be  paid  at  the  close  of  each  quarterly  session 
of  the  board. 

14.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law;  provided,  that  justices  of  the  peace  of  townships  containing  four 
thousand  five  hundred  inhabitants  or  more  shall  be  allowed  a  salary  of  six 
hundred  dollars  per  annum,  payable  monthly  and  in  the  same  manner  as 
salaries  of  county  officers  are  paid,  and  shall  be  in  full  for  all  services  ren- 
dered by  him  in  criminal  cases;  provided  further,  that  justices  of  the  peace 
shall,  before  receiving  their  monthly  salary,  file  with  the  auditor  a  statement 
of  all  fines  received,  together  with  the  treasurer's  receipt  for  same.  All  fines 
collected  by  justices  of  the  peace  shall  be  turned  over  to  the  county  treasurer 
of  said  county  within  ten  days  after  receipt  of  same ;  provided,  that  all  fines 
collected  for  city  offenses  shall  be  turned  over  to  the  city  treasurer  of  the  city 
where  the  offense  shall  have  been  committed.  In  addition  to  the  monthly 
salaries  herein  allowed,  each  justice  of  the  peace  may  receive  and  retain  for 
his  own  use  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law,  for  all 
services  rendered  by  him  in  civil  actions. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law; 
provided,  that  constables  of  townships  containing  two  thousand  inhabitants 
or  more  shall  be  allowed  a  salary  of  four  hundred  and  eighty  dollars  per 


284  COUNTIES    TWENTY-SECOND    CLASS — SALARIES    OF    OFFICERS. 

annum,  payable  monthly  and  in  the  same  manner  as  county  officers  are  paid, 
and  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases;  pro- 
vided further,  that  they  shall  be  allowed  all  necessary  expenses  actually 
incurred  in  arresting  and  conveying  prisoners  to  the  county  jail  which  said 
expense  shall  be  audited  and  allowed  by  the  board  of  supervisors  and  paid 
out  of  the  county  treasury.  In  addition  to  the  monthly  salary  herein  allowed, 
each  constable  may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or 
may  hereafter  be  allowed  by  law,  for  all  services  rendered  by  him  in  civil 
actions.  For  the  purpose  of  regulating  salaries  of  justices  and  constables, 
townships  in  this  class  of  counties  are  hereby  classified  according  to  their 
population  as  shown  by  the  federal  census  of  one  thousand  nine  hundred. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law,  and  when 
necessary  for  such  reporter  to  travel  away  from  the  county  seat  in  the  per- 
formance of  his  duty,  he  shall  receive  his  actual  and  necessary  traveling 
expenses,  to  be  allowed  and  paid  by  the  board  of  supervisors  as  are  other 
county  charges.     [Amendment,  Stats.  1905,  361.] 

§  179.  In  counties  of  the  twenty-second  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a  new 
great  register  of  voters  is  ordered,  he  shall  receive  three  hundred  dollars  addi- 
tional, which  shall  be  in  full  for  all  services  required  in  registering  voters  and 
making  the  great  register, 

2.  The  sheriff,  fifty-one  hundred  dollars  per  annvim,  which  includes  the 
fifteen  hundred  dollars  heretofore  allowed  the  under-sheriff.  He  shall  also 
have  for  his  own  use  all  fees  for  service  of  all  papers  served  by  him  and  issued 
without  his  county.  The  said  fifty-one  hundred  dollars  to  be  in  full  of  all 
fees  or  percentages  as  license  collector. 

3.  The  recorder,  thirty-two  hundred  dollars  per  annum,  in  full  of  all  ser- 
vices, including  filing  and  recording  mining  and  other  location  notices, 

4.  The  auditor,  twelve  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  twelve  hundred  dollars  per  annum,  and  he  is  hereby 
allowed  in  addition  thereto  ten  deputies,  to  be  appointed  by  him,  who  shall 
each  receive  four  dollars  per  day  for  not  exceeding  three  months  in  any 
calendar  year,  while  engaged  in  the  performance  of  their  duties;  provided, 
that  the  amount  paid  for  services  of  deputy  assessors  shall  not  exceed  twenty- 
four  hundred  dollars  in  any  one  year. 

8.  The  district  attorney,  twenty-one  hundred  dollars  per  annum,  and  he  is 
hereby  allowed  in  addition  thereto  one  deputy  appointed  by  him,  who  shall 
receive  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum,  and 


COUNTIES    TVVEXTY-SECOND    CLASS— SALARIES     OF     OFFICERS.  285 

necessary   expenses   for   traveling   in   visiting   schools   in  the   county,   to   be 
tillowed  by  the  supervisors  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the  peace 
and  constables,  townships  in  this  class  of  counties  are  hereby  classified  accord- 
ing to  their  population,  as  shown  by  the  federal  census  of  nineteen  hundred, 
as  follows : 

Townships  having  a  population  of  three  thousand  or  more  shall  belong  to 
and  be  known  as  townships  of  the  first  class ;  townships  having  a  population  of 
two  thousand  and  less  than  three  thousand,  shall  belong  to  and  be  known  as 
townships  of  the  second  class;  townships  having  a  population  of  one  thousand 
six  hundred  and  less  than  two  thousand  shall  belong  to  and  be  known  as  town- 
ships of  tiie  third  class ;  and  townships  having  a  population  of  less  than  one 
thousand  six  hundred  shall  belong  to  and  be  known  as  townships  of  the  fourth 
class. 

Justices  of  the  peace  shall  receive  the  following  salaries,  which  shall  be  paid 
monthly,  in  the  same  manner  as  the  salaries  of  county  officers  are  paid,  out  of 
the  general  fund  of  the  county,  and  which  shall  be  in  full  of  all  services  ren- 
dered by  them  in  criminal  cases,  to  wit : 

In  townships  of  the  first  class,  eighty-five  dollars  per  month ;  in  townships 
of  the  second  class,  seventy-five  dollars  per  month;  in  townships  of  the  third 
class,  twenty  dollars  per  month;  and  in  townships  of  the  fourth  class,  ten 
(iollars  per  month. 

In  addition  to  the  monthly  salaries  herein  allowed  for  services  in  criminal 
actions,  cases  and  examinations,  each  justice  of  the  peace  may,  for  his  own 
use,  collect  the  following  fees,  and  no  other,  in  civil  actions : 

Each  justice  of  the  peace  shall  be  allowed,  in  civil  actions  before  him,  for  all 
services  to  be  performed  by  him  before  trial,  three  dollars;  and  for  the  trial, 
and  all  proceedings  subsequent  thereto,  including  all  affidavits,  swearing  of 
witnesses  and  jury,  and  the  entry  of  judgment  and  issue  of  execution  thereon, 
four  dollars ;  and  fifteen  cents  for  each  hour  actually  engaged  in  such  trial 
after  the  expiration  of  eight  hours;  and  in  all  cases  where  judgment  is  ren- 
dered by  default  or  confession,  for  all  services,  including  execution  and  satis- 
faction of  judgment,  three  dollars. 

For  certificate  and  transmitting  transcript  and  papers  on  appeal,  one  dollar. 

For  copies  of  papers  on  docket,  per  folio,  ten  cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the  party  demanding  the  same, 
fifty  cents. 

For  celebrating  a  marriage  and  returning  a  certificate  thereof  to  the  county 
recorder,  three  dollars. 

For  taking  an  acknowledgment  of  any  instrument,  for  the  first  name,  fifty 
cents;  for  each  additional  name,  twenty-five  cents. 

For  taking  depositions,  per  folio,  fifteen  cents. 

For  all  services  connected  with  the  posting  of  estrays,  one  dollar. 

In  cases  before  the  justice  of  the  peace,  when  the  venue  shall  be  changed, 
the  justice  before  whom  the  action  shall  be  brought,  for  all  services  rendered, 
including  the  making  up  and  transmission  of  the  transcript  and  papers,  shall 
receive  three  dollars ;  and  the  justice  of  the  peace  before  whom  the  trial  shall 


2Se  COUNTIES    TWENTY-SECOND    CLASS — SALARIES    OF    OFFICERS. 

take  place  shall  receive  the  same  fees  as  if  the  action  had  been  commenced 
before  him. 

For  performing  the  duties  of  coroner,  when  the  coroner  fails  to  act,  the  same 
fees  and  mileage  as  are  allowed  the  coroner  in  like  cases. 

For  issuing  each  process,  writ,  order,  or  paper  required  by  law  to  be  issued, 
not  otherwise  provided  for,  twenty-five  cents. 

.  For  each  certificate  or  affidavit  not  otherwise  herein  provided  for,  twenty- 
five  cents. 

For  administering  oath  or  affirmation  not  otherwise  herein  provided  for, 
twenty-five  cents. 

For  taking  and  approving  bond  or  undertaking,  including  the  justification 
of  sureties,  fifty  cents. 

14.  Constables  shall  receive  the  following  salaries,  which  shall  be  paid 
monthly,  in  the  same  manner  as  the  salaries  of  county  officers  are  paid,  out  of 
the  general  fund  of  the  county,  and  which  shall  be  in  full  of  all  services  ren- 
dered by  them  in  criminal  cases,  to  wit : 

In  townships  of  the  first  class,  one  hundred  dollars  per  month ;  in  townships 
of  the  second  class,  seventy-five  dollars  per  month ;  in  townships  of  the  third 
class,  twenty  dollars  per  month,  and  in  townships  of  the  fourth  class,  ten 
dollars  per  month.  In  addition  to  the  monthly  salaries  herein  allowed  for 
services  in  criminal  actions,  cases  and  proceedings,  each  constable  shall  also 
be  allowed  all  necessary  expenses  actually  and  properly  incurred,  in  arresting 
and  conveying  prisoners  to  court  or  to  prison,  and  also  all  necessary  expenses 
actually  incurred  in  the  transportation  of  prisoners  from  prison  to  court,  and 
the  return  of  said  prisoners  to  prison ;  and  shall  be  allowed,  also,  for  each  mile 
actually  traveled,  both  in  going  and  coming,  in  the  service  of  subpoenas,  in 
criminal  cases,  per  mile,  ten  cents;  which  said  expenses  and  mileage  shall  be 
audited  and  allowed  by  the  board  of  supervisors  as  other  claims  against  the 
county  are  audited  and  allowed,  and  shall  be  paid  out  of  the  county  treasury. 

In  addition  to  the  monthly  salaries  herein  allowed  for  services  in  criminal 
actions  and  cases,  each  constable  may,  for  his  own  use,  collect  the  following 
fees,  and  no  others,  in  civil  actions : 

For  serving  summons  and  complaint,  for  each  defendant  served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when  actually  made  by  him,  twenty- 
five  cents. 

For  levying  writ  of  attachment  or  execution,  or  executing  order  of  arrest, 
or  for  the  delivery  of  personal  property,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on  any  ship,  boat,  or  vessel, 
three  dollars. 

For  keeping  personal  property,  such  sum  as  the  court  may  order;  but  no 
more  than  one  dollar  and  fifty  cents  per  day  shall  be  allowed  for  a  keeper 
when  necessarily  employed. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writ  and  other  papers,  except  summons,  complaint,  and  sub- 
poenas, per  folio,  ten  cents;  provided,  that  when  correct  copies  are  furnished 
to  him  for  use,  no  charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons,  complaint,  and  sub- 
poenas, for  each  person  served,  fifty  cents. 


COUNTIES    TWENTY-SECOND    CLASS — SALARIES     OF    OFFICERS.  287 

For  writing  and  posting  each  notice  of  sale  of  property,  fifty  cents. 

For  furnishing  notice  for  publication,  twenty-five  cents. 

For  serving  subpoenas,  each  witness,  including  copy,  twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one  half  per  centum. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  executing  and  delivering  constable's  deed,  one  dollar  and  fifty  cents. 

For  each  mile  actually  traveled  within  his  township  in  the  service  of  any 
writ,  order,  or  paper,  in  civil  actions,  in  going  only,  per  mile,  twenty-five  cents. 

For  traveling  outside  of  his  township  to  serve  such  writ,  order,  or  paper, 
in  civil  actions,  in  going  only,  twenty-five  cents  per  mile ;  provided,  that  a 
constable  shall  not  be  required  to  travel  outside  of  his  township  to  serve  any 
civil  process,  order,  or  paper.  No  constructive  mileage  shall  be  charged, 
allowed,  or  paid,  in  criminal  or  civil  cases. 

For  each  day's  attendance  in  court,  in  civil  cases,  three  dollars  per  day. 

For  executing  a  search  warrant,  two  dollars ;  and  for  each  mile  necessarily 
traveled  within  his  county  in  executing  a  search  warrant,  both  in  going  and 
returning  from  place  of  search,  fifteen  cents;  said  fee  and  mileage  to  be  paid 
by  the  party  demanding  the  search. 

For  summoning  a  jury,  in  civil  cases,  two  dollars,  including  mileage. 

For  commissions  for  receiving  and  paying  over  money  on  execution  without 
levy,  or  when  the  goods  or  land  levied  on  shall  not  be  sold,  one  per  centum. 
The  fees  herein  allowed  for  the  levy  of  an  execution,  and  for  making  or  collect- 
ing the  money  on  execution,  shall  be  collected  from  the  judgment  debtor,  by 
virtue  of  such  execution,  in  the  same  manner  as  the  sum  herein  directed  to 
be  paid. 

County  officers  must,  and  township  officers  may,  demand  the  payment  of 
all  fees  in, advance. 

Justices  of  the  peace  shall,  on  or  before  the  first  Monday  of  each  month,  pay 
into  the  county  treasury  all  moneys  collected  by  them  on  fines  imposed  and 
collected,  and  all  moneys  belonging  to  the  county  coming  from  any  source. 

The  board  of  supervisors  shall,  within  sixty  days  after  the  passage  of  this 
act,  establish  by  ordinance,  according  to  the  provisions  of  subdivisions  thirteen 
and  fourteen  of  section  twenty-six,  the  population  of  the  various  townships 
of  this  class  of  counties. 

15.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars  per 
annum  and  ten  cents  per  mile,  one  way,  between  residence  and  county  seat, 
in  attending  upon  all  regular,  special  or  adjourned  meetings  of  the  board  of 
supervisors;  provided,  that  the  chairman  of  the  board  of  supervisors  may 
receive  twenty-five  cents  per  mile,  one  way,  between  residence  and  the  county 
seat,  when  attending  at  the  county  seat  for  the  single  purpose  of  counting  the 
money  in  the  county  treasury,  as  required  by  law. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  for  preliminary  examinations  in  justices'  courts,  a  monthly 
salary  of  seventy-five  dollars,  payable  out  of  the  county  treasury,  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of  county  officers;  and  for  tran- 
scription of  said  notes,  when  required,  he  shall  receive  the  sum  of  ten  cents 
per  folio  for  the  original,  and  five  cents  per  folio  for  a  copy;  where  the 


288  COUNTIES    TWENTY-THIRD    CLASS— SALARIES    OF    OFFICERS. 

reporter  is  required  to  transcribe  the  whole  or  any  part  of  his  notes  from  day 
to  day  as  the  trial  progresses,  he  shall  receive,  in  addition  to  said  sums  herein- 
before provided,  the  further  sum  of  five  cents  per  folio  for  the  original,  and 
two  and  one  half  cents  per  folio  for  the  copy.  Said  compensation  for  tran- 
scription in  criminal  cases  to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county,  and  paid  out  of  the  county  treasury ; 
and  in  civil  cases,  to  be  paid  by  the  party  ordering  the  same,  or,  when  ordered 
by  the  judge,  by  either  party,  or  jointly  by  both  parties  as  the  court  may 
direct;  provided,  that  where  the  services  of  the  official  reporter  are  required, 
in  each  civil  case,  the  sum  of  ten  dollars  per  diem,  for  each  day  of  the  trial 
thereof,  shall  be  paid  to  the  clerk  of  the  court  in  advance,  one  half  by  each 
party,  or  in  such  other  proportion  as  the  court  may  direct;  all  per  diem  fees 
so  collected  shall  be  paid  by  the  clerk  into  the  treasury  of  the  county.  The 
portion  of  per  diem  fees  in  each  case,  which  were  paid  by  the  prevailing  party, 
shall  be  taxed  and  allowed  as  costs  in  the  case;  provided,  also,  that  this  act, 
hO  far  as  it  relates  to  the  official  reporter  of  the  superior  court  in  counties  of 
this  class,  shall  take  effect  immediately.  [Amendment,  Stats.  1901,  741.  In 
effect  12  m.  on  first  Monday  after  January  1,  1903.] 

§  180.  In  counties  of  the  twentj^-third  class,  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of 
their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk  four  thousand  five  hundred  dollars  per  annum;  pro- 
vided, that  in  years  When  a  great  register  is  ordered,  the  county  clerk  shall 
receive  in  addition  to  his  regular  salary  the  sum  of  eight  hundred  dollars  for 
such  service. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  three  thousand  two  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  five  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per  annum,  and  the  fees 
and  commissions  now  or  hereafter  allowed  by  laAV.  The  assessor  shall  also 
be  allowed  the  following  deputies,  to  be  appointed  by  him,  viz:  One  deputy 
for  each  bona  fide  increase  of  two  hundred  real  estate  statements  made  for 
assessment  purposes  over  and  above  three  thousand  of  such  statements,  and 
not  to  exceed  in  all  five  deputies.  Each  of  such  deputies  shall  receive  monthly 
compensation  of  one  hundred  dollars,  for  the  months  of  March,  April,  May 
and  June  of  each  year.  The  salary  of  said  deputies  to  be  paid  in  the  same 
manner,  and  out  of  the  same  fund  as  the  assessor,  upon  the  presentation  of  a 
certificate  that  services  have  been  performed,  and  signed  by  the  assessor. 

8.  The  district  attorney,  twenty-four  hundred  dollars  per  annum;  assistant 
district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 


COUNTIES    TWENTY-FOURTH    CLASS — SALARIES     OF    OFFICERS.  280 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law, 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 

15.  Each  member  of  the  board  of  supervisors  twelve  hundred  dollars  per 
annum,  and  mileage  when  acting  as  road  commissioner,  twenty-five  cents 
per  mile  one  way;  provided  the  amount  of  mileage  shall  not  exceed  the  sum  of 
three  hundred  dollars  in  any  one  year.  This  subdivision  of  this  section  shall 
take  effect  and  be  in  full  force  from  and  after  the  passage  of  this  act. 

16.  Members  of  the  board  of  education,  each  the  sum  of  five  dollars  per  day 
for  actual  service,  together  with  mileage  at  ten  eents  per  mile.  [Amendment, 
Stats,  1905,  318.] 

§  181.  In  counties  of  the  twenty-fourth  class  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  two  thousand  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum, 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law, 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum,  and 
his  reasonable  traveling  expenses  incurred  in  visiting  schools  of  the  county, 
to  be  fixed  and  allowed  by  the  board  of  supervisors,  not  to  exceed  the  sum 
of  five  hundred  dollars  per  annum ;  provided,  he  shall  devote  his  entire  time 
to  the  duties  of  said  office. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law; 
provided,  he  shall  be  given  all  work  for  the  county  in  which  the  county 
employs  a  surveyor  or  civil  engineer ;  and  provided  further,  that  it  shall  be  the 
duty  of  the  board  of  supervisors  of  counties  of  this  class  to  so  employ  him. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law, 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars  per 
annum,  and  mileage  at  the  rate  of  twenty  cents  per  mile  from  his  home  to  and 
from  the  county  seat. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  when  requested  by  the  district  attorney,  for  preliminary 
examinations  in  justice's  court,  a  monthly  salary  of  one  hundred  dollars, 
payable  out  of  the  county  treasury,  at  the  same  time  and  in  the  same  manner 
as  the  salaries  of  county  officers ;  and  for  transcription  of  said  notes,  when 
required,  he  shall  receive  the  sum  of  ten  cents  per  folio  for  the  original  and 
five  cents  per  folio  for  a  copy;  said  compensation  for  a  transcription  in  crim- 

Gen.    Laws — 19 


2i>0  COUNTIES    TWENTV-FIFTH     CLASS— SALARIES     OF     OFFICERS. 

inal  cases  to  be  audited  and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the  county  treasury,  and  in  civil 
cases  to  be  paid  by  the  party  ordering  the  same,  or,  when  ordered  by  the 
judge,  by  either  party,  or  jointly  by  both  parties,  as  the  court  may  direct. 
[Amendment,  Stats.  1901,  746.] 

§  182.  In  counties  of  the  twenty-fifth  class  the  officers  shall  receive,  as  com- 
pensation for  the  services  required  of  them  by  law  or  by  virtue  of  their  office, 
the  following  salaries,  to  wit : 

1.  The  county  clerk,  four  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  five  hundred  dollars  per  annum. 

3.  The  recorder,  two  thousand  dollars  per  annum,  and  six  cents  for  each 
folio  recorded.  Provided,  that  the  six  cents  per  folio  for  recording  shall  go 
into  effect  immediately. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum. 

5.  The  treasurer,  twenty-seven  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  and  one  deputy,  at 
nine  hundred  dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum,  and  one  deputy,  at  a 
salary  of  nine  hundred  dollars  per  annum. 

8.  The  district  attornej^  twenty-five  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county, 
and  one  deputy,  at  nine  hundred  dollars  per  annum. 

12.  The  surveyor,  shall  receive  one  thousand  five  hundred  dollars  per  annum 
for  all  work  performed  for  the  county,  and  in  addition  thereto,  actual  travel- 
ing and  other  necessary  expenses  incurred  in  connection  with  field-work; 
provided,  that  whenever  the  surveyor  is  directed  by  the  assessor  to  plat,  trace, 
or  otherwise  prepare  maps,  plats,  or  block-book  for  the  use  of  the  county 
assessor,  he  shall  be  allowed  only  the  actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  supervisor,  five  hundred  dollars  per  annum,  and  ten  cents  per 
mile  for  traveling  from  his  residence  to  the  county  seat ;  provided  that  not 
more  than  one  mileage  for  one  session  of  the  board  shall  be  allowed.  For 
serving  as  road  commissioner,  two  hundred  dollars  per  annum.  [Amendment, 
Stats.  1905,  383.] 

§  183.  In  counties  of  the  twenty-sixth  class,  the  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law,  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  five  thousand  dollars  per  annum,  and  twelve  and  a 
half  cents  for  each  elector  registered. 

2.  The  sheriff,  seven  thousand  dollars  per  annum.  He  may  retain  for  his 
own  use  the  mileage  and  fees  for  the  service  of  papers  or  process  issued  by  any 
court  of  this  state  outside  of  his  county. 


COUNTIES    TWENTY- SIXTH     CLASS — SALARIES     OF     OFFICERS.  291 

3.  The  recorder,  sixteen  hundred  dollars  per  annum,  seven  cents  for  each 
folio  recorded,  and  five  cents  for  each  name  indexed. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  thousand  dollars  per  annum. 

7.  The  assessor,  five  thousand  dollars  per  annum. 

8.  The  district  attorney,  four  thousand  dollars  per  annum;  provided,  that 
he  shall  be  disqualified  from  engaging  in  any  cause  or  action  to  which  the 
county  or  state  is  not  a  party. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum 
(which  shall  include  his  services  as  a  member  of  the  board  of  education),  and 
his  actual  traveling  expenses  when  visiting  schools,  not  to  exceed  ten  dollars 
per  district. 

12.  The  surveyor  shall  receive  twelve  hundred  dollars  per  annum,  and 
traveling  and  official  expenses  in  the  county. 

13.  Each  supervisor,  six  dollars  per  day  while  in  the  service  of  the  county, 
and  thirty  cents  per  mile  for  traveling  from  his  residence  to  the  county  seat. 

14.  In  counties  of  this  class  the  township  officers  shall  receive  the  following 
compensation,  to  wit : 

In  townships  having  a  population  of  six  thousand,  or  more,  justices  of  the 
peace  shall  receive  a  monthly  salary  of  one  hundred  and  twenty-five  dollars 
per  month,  and  constables  a  monthly  salary  of  one  hundred  and  twenty-five 
dollars  per  month; 

In  townships  having  a  population  of  three  thousand,  or  more,  and  less  than 
six  thousand,  justices  of  the  peace  shall  receive  a  monthly  salary  of  one  hun- 
dred dollars  per  month,  and  constables  a  monthly  salary  of  one  hundred 
dollars  per  month; 

In  townships  having  a  population  of  eighteen  hundred  and  forty-four,  or 
more,  and  less  than  three  thousand,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  fifty  dollars  per  month,  and  constables  a  monthly  salary  of 
sixty  dollars; 

In  townships  having  a  population  of  seventeen  hundred  and  seventy-five, 
or  more,  and  less  than  eighteen  hundred  and  forty-four,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  ten  dollars  per  month,  and  constables  a 
monthly  salary  of  twenty  dollars  per  month ; 

In  townships  having  a  population  of  seventeen  hundred  and  sixty,  or  more, 
and  less  than  seventeen  hundred  and  seventy-five,  justices  of  the  peace  shall 
receive  a  monthly  salary  of  fifty  dollars  per  month,  and  constables  a  monthly 
salary  of  seventy-five  dollars  per  month; 

In  townships  having  a  population  of  thirteen  hundred  and  eighty,  or  more, 
and  less  than  seventeen  hundred  and  sixty,  justices  of  the  peace  shall  receive 
a  monthly  salary  of  ninety-five  dollars  per  month,  and  constables  a  monthly 
salary  of  one  hundred  dollars  per  month ; 

In  townships  having  a  population  of  eleven  hundred  and  seventy-five,  or 
more,  and  less  than  thirteen  hundred  and  eighty,  justices  of  the  peace  shall 


^di      ^Cr*     ^^U»fTIES    TVVEJVTY-SIXTH    CLASS— SALARIES     OF    OFFICERS. 

receive    a   moiithiy   salary    of   eighty   dollars   per   month,    and    constables    a 
monthly  salary  of  ninety  dollars  per  month; 

In  townships  having  a  population  of  eight  hundred  and  eighty,  or  more,  and 
4e§S  than  eleven  hundred  and  seventy-five,  justices  of  the  peace  shall  receive 
a  monthly  salary  of  twenty  dollars  per  month,  and  constables   a  monthly 
salary  of  thirty  dollars  per  month; 

In  townships  having  a  population  of  seven  hundred  and  eighty,  or  more,  and 
less  than  eight  hundred  and  eighty,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  forty  dollars  per  month,  and  constables  a  monthly  salary 
of  fifty  dollars  per  month; 

In  townships  having  a  population  of  seven  hundred  and  sixty-five,  or  more, 
end  less  than  seven  hundred  and  eighty,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  fifteen  dollars  per  month,  and  constables  a  monthly  salary 
of  twenty  dollars  per  month; 

In  townships  having  a  population  of  six  hundred  and  forty,  or  more,  and 
less  than  seven  hundred  and  sixty-five,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  fifteen  dollars  per  month,  and  constables  a  monthly  salary 
of  twenty  dollars  per  month; 

In  townships  having  a  population  of  six  hundred  and  five,  or  more,  and  less 
than  six  hundred  and  forty,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  fifteen  dollars  per  month,  and  constables  a  monthly  salary  of  twenty 
dollars  per  month ; 

In  township^  having  a  population  of  five  hundred  and  sixty,  or  more,  and 
less  than  six  hundred  and  five,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  fifty  dollars  per  month,  and  constables  a  monthly  salary  of  sixty 
-dollars  per  month ;  ; 

In  townships  having  a  population  of  two  hundred  and  ten,  or  more,  and  less 
than  five  hundred  and  sixty,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  fifteen  dollars  per  month,  and  constables  a  monthly  salary  of  twenty  dollars ; 
In  townships  having  a  population  of  less  than  two  hundred  and  ten,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  fifteen  dollars  per  month,  and 
constables  a  monthly  salary  of  twenty  dollars  per  month ; 

The  above  named  salaries  shall  be  in  full  compensation  for  all  services  of 
said  justices  of  the  peace  and  constables  in  criminal  cases ;  provided,  that 
each  constable  shall  be  allowed  and  paid  out  of  the  county  treasury  for  trans- 
porting prisoners  to  the  county  jail  the  actual  expense  of  such  transportation; 
Said  justices  of  the  peace  and  constables  may  retain  for  their  own  use,  the 
fees  allowed  by  law  in  civil  cases. 

And  provided,  further,  that  for  the  purposes  of  this  act,  the  population  of 
the  several  townships  shall  be  ascertained  by  multipljdng  the  number  of 
registered  voters  at  the  last  preceding  presidential  election  by  five. 

The  salaries  of  township  officers  as  herein  provided  for  shall  be  paid  in  the 
same  manner,  at  the  same  time,  and  out  of  the  same  funds,  that  county  officers 
are  paid. 

15.  The  official  reporter  of  the  superior  court  shall  receive,  as  full  com- 
pensation in  taking  notes  in  civil  and  criminal  cases  tried  in  said  court,  a 
monthly  salary  of  one  hundred  and  fifty  dollars,  payable  out  of  the  county 
treasury  at  the  same  time  and  in  the  same  manner  and  from  the  same  fund 


COUNTIES    TWENTY-SEVENTH     CLASS— SALARIES     OF     OFFICERS. 


203 


as  the  salaries  of  county  officers;  and  for  transcription  of  said  notes,  when 
required,  he  shall  receive  the  sum  of  fifteen  cents  per  folio  for  the  original 
and  five  cents  per  folio  for  a  copy;  said  compensation  for  transcription  in 
criminal  cases  to  be  audited  and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the  county  treasury  and  in  civil 
cases  to  be  paid  by  the  party  ordering  the  same,  or  when  ordered  by  the  judge, 
by  either  party,  or  jointly  by  both  parties,  as  the  court  may  direct. 

16.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
[Amendment,  Stats.  1905,  384.] 

§  184.  In  counties  of  the  twenty-seventh  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  five  hundred 
dollars  additional  per  annum  for  compiling  great  register  of  the  county. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  the  fees,  mileage  or 
commissions  for  the  services  of  all  papers  whatever  issued  by  any  court  outside 
of  this  county,  and  all  mileage  for  service  of  papers  issued  out  of  any  civil 
case  in  his  own  county. 

3.  The  recorder,  two  thousand  dollars  per  annum;  provided  that  such  re- 
corder shall  collect  and  pay  into  the  county  treasury,  for  the  use  and  benefit 
of  the  county,  the  fees  required  by  law  to  be  so  collected ;  and  provided,  that 
when  the  amount  of  said  fees  so  collected  shall  amount  to  more  than  one  hun- 
dred and  fifty  dollars  in  any  month,  the  said  recorder  may  receive  and  retain 
for  his  own  use,  in  addition  to  his  salary,  all  fees  in  excess  of  one  hundred  and 
fifty  dollars  in  any  month  so  collected. 

4.  The  auditor,  seven  hundred  and  fifty  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  fees  as  now  provided 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  and  fees  on  delin- 
quent poll-taxes,  which  shall  be  in  full  for  all  services  as  tax  collector. 

7.  The  assessor,  three  thousand  two  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  Superintendent  of  schools,  one  thousand  six  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the'peace 
and  constables,  townships  in  this  class  of  counties  are  hereby  classified  accord- 
ing to  their  population,  as  shown  by  the  federal  census  of  nineteen  hundred 
as  follows:  Townships  having  a  population  of  five  thousand  or  more  shall 
belong  to  and  be  known  as  townships  of  the  first  class;  townships  havino-  a 
population  of  three  thousand  and  less  than  five  thousand,  shall  belong  to  Tnd 
be  known  as  townships  of  the  second  class;  townships  having  a  population  of 
one  thousand  and  less  than  three  thousand,  shall  belong  to  and  be  known  as 
townships  of  the  third  class,  and  townships  having  a  population  of  less  than 
one  thousand,  shall  belong  to  and  be  known  as  townships  of  the  fourth  class. 
Justices  of  the  peace  and  constables  shall  receive  the  following  salaries,  which 


394  COUNTIES    TWENTY-EIGHTH    CLASS— SALARIES     OF    OFFICERS. 

shall  be  paid  monthly,  in  the  same  manner  as  salaries  ^f  county  officers  are 
paid,  and  which  shall  be  in  full  of  all  services  rendered  by  them  in  criminal 
cases,  to  wit :  In  townships  of  the  first  class,  seventy-five  dollars ;  in  townships 
of  the  second  class,  fifty-five  dollars;  in  townships  of  the  third  class,  thirty 
dollars,  and  in  townships  of  the  fourth  class,  twenty  dollars.  In  addition  of  [to] 
the  monthly  salaries  herein  allowed,  each  justice  of  the  peace  and  constable 
may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law,  for  all  services  rendered  by  him  in  civil  actions.  Constables 
shall  also  be  allowed  all  necessary  expenses  actually  incurred  in  arresting  and 
conveying  prisoners  to  court  or  to  prison,  which  said  expense  shall  be  audited 
and  allowed  by  the  board  of  supervisors  and  paid  out  of  the  county  treasury.* 

14,  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  in 
the  superior  court,  tried  therein,  and  at  preliminary  examinations  before  the 
justices'  courts  of  the  county  and  for  taking  notes  at  all  coroners'  inquests, 
a  monthly  salary  of  one  hundred  and  twenty-five  dollars,  payable  out  of  the 
county  treasury  at  the  same  time  and  in  the  same  manner  as  the  salary  of 
other  county  officers,  and  for  transcription  of  said  notes,  when  required,  the 
sum  of  ten  cents  per  folio  for  the  original,  and  five  cents  per  folio  for  a  copy 
shall  be  paid  the  reporter  making  the  transcription ;  provided,  that  said  official 
reporter  herein  designated  shall  perform  all  the  services  necessary  in  the 
superior  court  of  the  county,  at  all  preliminary  examinations  held  before 
justices  of  the  peace  of  the  county  and  at  all  coroner's  inquests.  Said  com- 
pensation for  transcription  in  criminal  cases,  at  preliminary  examinations  and 
at  coroner's  inquests  to  be  allowed  on  the  order  of  the  court,  or  the  coroner, 
as  the  case  may  be,  and  paid  out  of  the  county  treasury,  and  in  civil  cases 
to  be  paid  by  the  party  ordering  the  same,  or,  when  ordered  by  the  judge,  by 
cither  party,  or  jointly  by  both  parties,  as  the  court  may  direct.  Said  official 
reporter  shall  furnish  his  own  type-writing  machine,  and  shall  also  receive 
from  the  county  his  actual  traveling  expenses,  when  required  to  travel  to  and 
from  any  justice 's  court  within  the  county,  except  the  county  seat. 

15.  Each  member  of  the  board  of  supervisors  shall  receive  one  thousand 
dollars  per  annum,  payable  monthly,  which  shall  be  in  full  for  all  services  as 
supervisors. 

The  provisions  of  subdivisions  thirteen,  fourteen,  and  fifteen  of  this  section 
shall  take  effect  and  be  in  force  thirty  days  from  and  after  the  passage  of  this 
act.     [Amendment,  Stats.  1905,  391.] 

§  185.  In  counties  of  the  twenty-eighth  class  the  county  and  township  officers 
shall  receive  as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  offices  the  following  salaries  and  fees,  to  wit : 

1.  The  county  clerk,  three  thousand  two  hundred  fifty  dollars  per  annum; 
jind  in  each  year  in  which  a  new  and  complete  registration  of  voters  is  re- 
quired by  law,  he  shall  receive  such  additional  amount  as  shall  be  necessary  to 
pay  deputy  registration  clerks  for  taking  affidavits  of  registration  outside  of  the 
office  at  the  rate  of  ten  cents  each,  the  claims  for  which  shall  be  presented  to  and 
allowed  by  the  board  of  supervisors  as  other  claims  are  presented  and  allowed. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

*  §  184,  subd.  13. — Held  unconstitutional  In  Johnson  vs.  Gunn,  Dist.  Ct.  App.,  July  24,  1905. 


COUNTIES    TWENTY-EIGHTH    CLASS — SALARIES    OF    OFFICERS.  295 

3.  The  recorder,  two  thousand  two  hundred  fifty  dollars  per  annum.  The 
recorder  shall  collect  and  pay  into  the  county  treasury  the  fees  required 
by  law. 

4.  The  auditor  one  thousand  dollars  per  annum. 

5.  The  treasurer  two  thousand  dollars  per  annum. 

6.  The  tax  collector  one  thousand  dollars  per  annum. 

7.  The  assessor  four  thousand  two  hundred  and  fifty  dollars  per  annvim. 

8.  The  district  attorney,  two  thousand  two  hundred  and  fifty  dollars  per 
annum, 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum, 
including  services  on  board  of  education.  He  shall  be  allowed  his  actual 
traveling  expenses  not  to  exceed  three  hundred  dollars  per  annum;  he  shall 
also  be  allowed  one  deputy  whose  salary  shall  be  fifty  dollars  per  month,  pay- 
able the  same  as  the  salaries  of  county  officers ;  provided  that  he  shall  keep  his 
office  open  from  nine  o'clock  a.  m.  to  five  o'clock  p.  m.  of  each  business  daj^ 

12.  The  surveyor  shall  receive  a  per  diem  of  ten  dollars  for  all  work  per- 
formed for  the  county,  and  in  addition  thereto,  all  necessary  expenses  and 
transportation  on  work  performed  in  the  field. 

13.  The  justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law;  provided,  that  the  amount  allowed  by  the  board  of  super- 
visors for  services  in  prosecutions  under  section  six  hundred  and  forty-seven 
of  the  Penal  Code,  and  prosecutions  for  fraudulently  evading  or  attempting 
to  evade  the  payment  of  fare  for  traveling  on  any  railroad,  shall  not  exceed 
twenty  dollars  for  any  one  month ;  provided,  further,  that  the  amount  allowed 
by  the  board  of  supervisors  for  services  in  prosecutions  of  misdemeanor  cases 
other  than  those  hereinbefore  specified  in  this  subdivision,  shall  not  exceed  the 
sum  of  thirty  dollars  for  any  one  month. 

14.  The  constable  shall  receive  the  following  fees,  to  wit:  For  serving  sum- 
mons and  complaint,  for  each  defendant  served,  one  dollar;  for  each  copy  of 
summons  for  service  when  made  by  him,  twenty-five  cents;  for  levying  writ 
of  attachment  or  execution  or  executing  order  of  arrest  or  for  the  delivery 
of  personal  property,  one  dollar ;  for  keeping  personal  property,  such  sum 
as  the  court  may  order,  but  no  more  than  two  dollars  per  day  shall  be  allowed 
for  a  keeper  when  necessarily  employed ;  for  taking  bond  or  undertaking,  fifty 
cents ;  for  copies  of  writs  and  other  papers,  except  summons,  complaints  and 
subpoenas,  per  folio  ten  cents ;  provided,  that  when  correct  copies  are  furnished 
him  for  use,  no  charge  shall  be  made  for  copies ;  for  serving  any  writ,  notice 
cr  order,  except  summons,  complaints  or  subpoenas,  for  each  person  served, 
fifty  cents;  for  ^vriting  and  posting  each  notice  of  sale  of  property,  twenty-five 
cents;  for  serving  subpoenas,  each  witness,  including  copy,  twenty-five  cents; 
for  collecting  money  on  execution,  two  and  one  half  per  centum,  to  be  charged 
against  the  defendant  named  in  the  execution;  for  executing  and  delivering 
certificate  of  sale,  one  dollar;  for  executing  and  delivering  constable's  deed, 
two  dollars;  for  every  mile  necessarily  traveled  in  his  township,  in  going 
only,  to  serve  any  civil  or  criminal  process  or  paper,  or  to  take  a  prisoner 


296  COUNTIES    TWENTY-NINTH     CLASS— SALARIES     OF     OFFICERS. 

before  a  magistrate  or  to  prison,  twenty-five  cents;  outside  of  his  township, 
but  within  his  county,  twenty  cents ;  but  when  two  or  more  persons  are  served 
or  summoned  in  the  same  suit  and  at  the  same  time,  mileage  shall  be  charged 
<>nly  for  the  more  distant  if  they  live  in  the  same  direction ;  for  each  mile 
necessarily  traveled  outside  of  his  county  in  making  criminal  arrests,  both 
going  and  returning  from  place  of  arrest,  ten  cents;  in  transporting  prisoners 
to  the  county  jail,  or  before  a  magistrate,  either  upon  arrest  or  for  trial  or 
examination,  or  after  conviction,  he  shall  receive  in  addition  to  the  above 
mileage,  his  actual  and  necessary  expenses  for  himself  and  prisoner ;  provided, 
that  where  two  or  more  prisoners  are  transported  at  the  same  time,  no  more 
than  one  mileage  shall  be  allowed;  for  making  each  arrest  in  criminal  cases, 
one  dollar  and  fifty  cents ;  for  sales  of  estrays,  the  same  fees  as  for  sales  on 
execution ;  for  summoning  a  jury,  two  dollars,  including  mileage ;  for  all  other 
services,  the  same  fees  as  are  allowed  sheriffs  for  like  services;  provided 
further,  that  no  more  than  sixty  dollars  shall  be  allowed  to  any  constable  in 
counties  of  this  class  in  any  one  month  for  fees  and  mileage  in  criminal 
jnatters. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and  twenty  cents  per 
mile  for  traveling  from  his  residence  to  and  from  the  county  seat;  provided, 
such  mileage  shall  not  be  allowed  more  than  once  a  month;  and  for  his  ser- 
vices as  road  commissioner,  he  shall  receive  twenty  cents  per  mile  one  way 
for  all  distances  actually  and  necessarily  traveled  by  him  in  the  performance 
of  his  duties;  provided,  he  shall  not  in  any  one  year  receive  more  than  three 
hundred  dollars  as  such  road  commissioner. 

16.  In  counties  of  this  class  grand  jurors  and  jurors  in  the  superior  court 
shall  receive  for  each  day's  attendance  the  sum  of  three  dollars,  and  for  each 
mile  actually  and  necessarily  traveled  from  their  residence  to  the  county  seat, 
the  sum  of  twenty-five  cents ;  such  mileage  to  be  allowed  but  once  during  each 
session  such  jurors  are  required  to  attend.     [Amendment,  Stats.  1905,  370.] 

§  186.  In  counties  of  the  twenty-ninth  class  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of 
their  offices,  the  following  salaries,  to  wit : 

The  county  clerk,  two  thousand  two  hundred  and  fifty  ($2250)  dollars  per 
annum,  and  when  a  new  great  register  of  voters  is  ordered,  he  shall  receive 
m  addition,  fifteen  (15)  cents  per  name  for  each  voter  registered,  which  shall 
be  in  full  for  all  services  required  in  registering  voters  and  making  the  great 
register;  provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  to  the  county  clerk,  a  deputy,  who  shall  be  appointed  by  said  county 
clerk,  who  shall  be  paid  a  salary  of  seventy-five  dollars  ($75)  per  month,  said 
salary  to  be  paid  by  said  county  in  monthly  instalments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund,  as  the  salary  of  the  county 
clerk  is  paid. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  ($4500)  per  annum;  and, 
also  all  fees  for  services  of  papers  in  actions  arising  outside  of  his  county. 

3.  The  recorder,  two  thousand  one  hundred  dollars  ($2100)  per  annum. 

4.  The  auditor,  one  thousand  tAvo  hundred  dollars  ($1200)  per  annum. 

5.  The  treasurer,  two  thousand  one  hundred  dollars  ($2100)  per  annum. 

6.  The  tax  collector,  one  thousand  ($1000)  per  annum. 


i 


COUNTIES     THIRTIETH     CLASS — SALARIES     OF     OFFICERS.  297 

7.  The  assessor,  two  thousand  five  hundred  dollars  ($2500)  per  annum;  and 
also  such  fees  and  commissions  as  are  allowed  by  law. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  ($2400)  per 
annum. 

9.  The  superintendent  of  schools,  two  thousand  one  hundred  dollars  ($2100) 
per  annum  and  actual  traveling  expenses  when  visiting  the  schools  of  his 
county. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  alloAved  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 
and  in  addition  thereto  three  dollars  ($3)  per  day  for  each  day's  actual  at- 
tendance in  court  during  a  jury  trial  therein  or  a  preliminary  examination 
for  felony;  provided,  that  no  constable  shall  receive  more  than  three  dollars 
($3)  for  any  one  day's  attendance  on  any  court. 

15.  Each  supervisor,  fifty  dollars  ($50)  per  month  and  mileage  at  the  rate 
of  ten  cents  per  mile  for  traveling  to  and  from  his  residence  to  the  county 
seat  at  each  session. 

16.  Each  member  of  the  board  of  education,  including  the  secretary,  five 
dollars  ($5)  per  day  when  the  board  is  in  session,  and  ten  cents  per  mile  for 
traveling  to  and  from  his  or  her  residence  to  the  county  seat  at  each  session, 
unless  otherwise  provided  for  by  law.  [Amendment,  Stats.  1905,  299.  In  effect 
after  12  m.  first  Monday  in  January,  1907.] 

§  187,  In  counties  of  the  thirtieth  class  the  county  officers  shall  receive  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
ufiices  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  seven  hundred  dollars  per  annum.  Also,  the 
following,  to  be  audited  and  paid  as  other  county  charges:  For  every  mile 
necessarily  traveled  in  executing  any  warrant  of  arrest,  twenty-five  cents 
per  mile;  for  taking  prisoners  to  magistrates  or  jail,  the  actual  cost  of  such 
transportation. 

3.  The  recorder,  three  thousand  dollars  per  annum,  which  shall  be  in  full 
for  all  services. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per  annum. 

5.  Tax  collector,  two  thousand  dollars  per  annum. 

6.  Assessor,  three  thousand  two  hundred  dollars  per  annum. 

7.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  five  hundred  dollars  per 
annum,  which  shall  be  in  full  for  all  services  performed,  including  the  visiting 
of  the  schools  of  his  county;  provided,  that  he  may  receive  such  fees  as  are 


398  COUNTIES     THIRTIETH     CLASS — SALARIES     OP     OFFICERS. 

now  or  may  hereafter  be  allowed  by  law  for  services  as  a  member  of  the  county 
board  of  education. 

12.  The  county  survej^or  shall  receive  one  thousand  eight  hundred  dollars 
per  annum,  and  the  necessary  cost  of  transportation  to  and  from,  and  neces- 
sary expenses  while  in  the  field  when  engaged  on  public  work. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the  peace, 
townships  in  this  class  of  counties  are  hereby  classified  according  to  their  pop- 
ulation as  shown  by  the  federal  census  of  one  thousand  nine  hundred,  as  fol- 
lows: 

Townships  having  a  population  of  four  thousand  or  more,  shall  belong  to 
and  be  known  as  townships  of  the  first  class;  townships  having  a  population 
of  two  thousand  and  less  than  four  thousand  shall  belong  to  and  be  known  as 
townships  of  the  second  class ;  townships  having  a  population  of  one  thousand 
and  less  than  two  thousand  shall  belong  to  and  be  known  as  townships  of  the 
third  class ;  townships  having  a  population  of  over  five  hundred  and  less  than 
one  thousand  shall  belong  to  and  be  known  as  townships  of  the  fourth  class; 
and  townships  having  a  population  of  less  than  five  hundred  shall  belong  to 
and  be  known  as  townships  of  the  fifth  class. 

Justices  of  the  peace  shall  receive  the  following  salaries,  which  shall  be  paid 
monthly,  in  the  same  manner  such  salaries  of  county  officers  are  paid,  and 
shall  be  in  full  of  all  services  rendered  by  them  in  criminal  cases;  provided, 
however,  that  if  two  justices  of  the  peace  shall  be  elected  and  qualify  in  any 
township,  then  the  said  justices  shall  each  receive  one  half  (I/2)  of  the  salary 
herein  provided  for: 

In  townships  of  the  first  class,  seventy  dollars; 
In  townships  of  the  second  class,  sixty  dollars; 
In  townships  of  the  third  class,  forty  dollars; 
In  townships  of  the  fourth  class,  twenty  dollars; 
In  townships  of  the  fifth  class,  ten  dollars; 

Provided,  that  each  justice  of  the  peace  shall,  before  receiving  his  monthly 
salary,  file  with  the  auditor  a  statement  of  all  fines  received,  together  with  the 
treasurer's  receipt  for  the  same.  In  addition  to  the  monthly  salaries  herein 
allowed,  each  justice  of  the  peace  may  receive  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law,  for  all  services  rendered 
by  him  in  civil  actions. 

14.  For  the  purpose  of  regulating  the  salaries  of  constables,  townships  in 
this  class  of  counties  are  hereby  classified  according  to  their  population  as 
shown  by  the  federal  census  of  one  thousand  nine  hundred,  as  follows :  Town- 
ships having  a  population  of  four  thousand  or  more  shall  belong  to  and  be 
known  as  townships  of  the  first  class;  townships  having  a  population  of  two 
thousand  and  less  than  four  thousand  shall  belong  to  and  be  known  as  town- 
ships of  the  second  class ;  townships  having  a  population  of  one  thousand  and 
less  than  two  thousand  shall  belong  to  and  be  known  as  townships  of  the  third 
class;  townships  having  a  population  of  over  five  hundred  and  less  than  one 
thousand  shall  belong  to  and  be  known  as  townships  of  the  fourth  class;  and 
townships  having  a  population  of  less  than  five  hundred  shall  belong  to  and  be 
known  as  townships  of  the  fifth  class. 

Constables  shall  receive  the  following  salaries,  which  shall  be  paid  monthly. 


COUNTIES    THIRTY-FIRST     CLASS — SALARIES     OF     OFFICERS.  299 

in  the  same  manner  as  such  salaries  of  county  officers  are  paid,  and  shall  be  in 
full  of  all  services  rendered  by  them  in  criminal  cases ;  provided,  however,  that 
if  two  constables  shall  be  elected  and  qualify  in  any  township,  then  each  of  the 
said  constables  shall  each  receive  one  half  (1/2)  of  the  salary  herein  provided  for : 

In  townships  of  the  first  class,  eighty  dollars; 

In  townships  of  the  second  class,  seventy  dollars; 

In  townships  of  the  third  class,  fifty  dollars;  < 

In  townships  of  the  fourth  class,  twenty-five  dollars; 

In  townships  of  the  fifth  class,  ten  dollars. 

In  addition  to  the  monthly  salaries  herein  allowed,  each  constable  may 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  all  services  rendered  by  him  in  civil  actions,  and  shall 
also  be  allowed  all  necessary  expenses  actually  incurred  in  arresting  and  con- 
veying prisoners  to  court  or  to  prison,  which  said  expenses  shall  be  audited  and 
allowed  by  the  board  of  supervisors  and  paid  out  of  the  county  treasury. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is  in  session  and 
twenty  cents  per  mile  for  traveling  from  his  residence  to  .the  county  seat.  For 
his  services  as  road  commissioner,  three  hundred  dollars  per  annum,  payable 
in  monthly  instalments. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  all  civil  and  criminal  causes 
and  proceedings  in  said  court,  and  for  taking  notes  of  the  proceedings  and 
testimony  at  all  coroner's  inquests  in  the  county,  and  for  taking  notes  of  the 
testimony  and  proceedings  in  all  examinations  before  committing  magistrates, 
and  for  taking  notes  of  the  testimony  and  proceedings  of  cases  and  commis- 
sions for  the  examination  of  persons  charged  with  being  of  unsound  mind, 
a  monthly  salary  of  one  hundred  dollars,  payable  out  of  the  county  treasury 
at  the  same  time  and  in  the  same  manner  as  the  salaries  of  county  officers ;  and 
for  the  transcription  of  said  notes,  when  the  transcription  thereof  is  required 
by  law,  or  by  order  of  the  court,  or  by  demand  of  any  party  to  the  suit  or 
proceeding,  he  shall  receive  the  sum  of  ten  cents  per  folio  for  the  original 
fmd  five  cents  per  folio  for  a  copy;  said  compensation  for  transcription  in  all 
criminal  cases  and  coroner's  inquests  and  examinations  of  persons  charged 
with  being  of  unsound  mind,  to  be  audited  and  allowed  by  the  board  of  super- 
visors, as  other  claims  against  the  county,  and  in  civil  cases  and  proceedings 
to  be  paid  by  the  party  ordering  the  same,  or,  when  ordered  by  the  judge,  by 
either  party,  or  jointly  by  both  parties,  when  and  in  such  proportions  as  the 
court  may  direct.  When  necessary  for  such  reporter  to  travel  away  from  the 
county  seat,  he  shall  receive  his  actual  and  necessary  traveling  expenses,  to  be 
allowed  and  paid  by  the  board  of  supervisors  as  are  other  county  charges. 
[Amendment,  Stats.  1905,  310.] 

§  188.  In  counties  of  the  thirty-first  class,  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a  new 
great  register  of  voters  is  ordered,  he  shall  receive  five  hundred  dollars  ad- 
ditional, which  shall  be  in  full  for  all  services  required  in  registering  voters 
and  making  the  great  register. 


2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum. 

3.  The  recorder,  two  thousand  five  hundred  dollars  per  annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  three  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  six  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  county  surveyor,  one  thousand  five  hundred  dollars  per  annum,  he 
to  furnish  all  necessary  instruments ;  but  transportation  charges  for  field-work 
shall  be  allowed  him.  He  shall  not  be  required  to  perform  county  work  more 
than  two  thirds  of  the  working  days  in  any  month  except  on  payment  of  fees 
now  allowed  by  law. 

13.  Justices  of  the  peace,  the  following  monthly  salaries,  to  be  paid  each 
month  as  county  officers  are  paid,  which  shall  be  in  full  for  all  services  ren- 
dered by  them  in  criminal  cases:  In  townships  having  a  population  of  twenty- 
five  hundred  and  more,  sixty-five  dollars.  In  townships  having  a  population 
of  fifteen  hundred  and  less  than  twenty-five  hundred,  forty  dollars.  In  town- 
ships having  a  population  of  one  thousand  and  less  than  fifteen  hundred, 
twenty-five  dollars.  In  townships  having  a  population  of  less  than  one  thou- 
sand, ten  dollars.  Each  justice  must  pay  into  the  county  treasury  once  a 
month,  all  fines  collected  by  him.  In  addition  to  the  monthly  salary  allowed 
herein  each  justice  may  receive  for  his  own  use  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law,  for  all  services  performed  by  him  in  civil  actions. 
In  all  townships  having  a  population  of  less  than  twenty-five  hundred  if  there 
be  more  than  one  justice,  the  compensation  allowed  herein  shall  be  equally 
divided  between  them  so  that  the  sum  total  of  their  monthly  compensation 
shall  not  exceed  the  salary  allowed  herein  for  a  single  justice  in  such  township. 

14.  Constables,  the  following  salaries,  which  shall  be  paid  monthly  as 
salaries  of  county  officers  are  paid,  and  shall  be  in  full  for  all  services  ren- 
dered by  them  in  criminal  cases,  to  wit :  In  townships  having  a  population  of 
twenty-five  hundred  or  more,  seventy  dollars.  In  townships  having  a  popula- 
tion of  fifteen  hundred  and  less  than  twenty-five  hundred,  forty-five  dollars. 
In  townships  having  a  population  of  one  thousand  and  less  than  fifteen  hun- 
dred, thirty  dollars;  in  townships  having  a  population  of  less  than  one  thou- 
sand, fifteen  dollars.  In  addition  to  the  monthly  salary  allowed  herein  each 
constable  may  receive  and  retain  for  his  own  use,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law  for  all  the  services  performed  by  him  in  civil 
actions.  In  all  townships  having  a  population  less  than  twenty-five  hundred, 
if  there  be  more  than  one  constable,  the  compensation  herein  allowed  shall  be 
equally  divided  between  them  so  that  the  sum  total  of  their  monthly  compen- 
sation shall  not  exceed  the  salary  allowed  herein  for  a  single  constable  in  such 
township.  The  board  of  supervisors  shall  during  each  and  every  year,  ascer- 
tain and  determine  the  population  of  the  several  townships  of  the  county  for 


COUKTIBS    THIRTY-SECOND     CLASS— SALARIES     OF     OFFICERS.  301 

the  purposes  of  ascertaining  the  compensation  of  township  officers  regulated 
by  this  section,  in  proportion  to  their  duties. 

15.  Each  supervisor,  five  hundred  dollars  per  annum  and  his  necessary  ex- 
penses when  attending  to  the  business  of  his  county,  other  than  the  meetings  of 
the  board,  and  thirty  cents  per  mile  in  going  from  his  residence  to  the  county 
seat  at  each  meeting  of  the  board,  and  three  hundred  dollars  per  annum,  pay- 
able quarterly,  for  services  as  road  commissioner. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and,  when  requested  by  the  district  attorney,  in  preliminary 
examinations  and  inquests,  a  monthly  salary  of  one  hundred  dollars,  payable 
out  of  the  county  treasury  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  county  officers;  and  for  transcription  of  said  notes,  when  required, 
he  shall  receive  the  sum  of  ten  cents  per  folio  for  the  original  and  five  cents 
per  folio  for  the  copy;  said  compensation  for  transcriptions  in  criminal  cases, 
preliminary  examinations,  and  inquests,  to  be  audited  and  allowed  by  the 
board  of  supervisors  as  other  claims  against  the  county,  and  paid  out  of  the 
county  treasury,  and  in  civil  eases  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party,  or  jointly  by  both  parties,  as 
the  court  may  direct. 

17.  Subdivisions  twelve  and  fifteen  of  this  section  shall  take  effect  im- 
mediately. [Amendment,  Stats.  1901,  757.  In  effect  partly  immediately  and 
partly  12  m.  on  the  first  Monday  after  January  1,  1903.] 

§  189.  In  counties  of  the  thirty-second  class,  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  in  any  year 
when  a  new  great  register  of  voters  is  required  by  law,  he  shall  receive  five 
hundred  dollars  additional  for  said  year,  which  shall  be  in  full  for  all  services 
required  in  registering  voters  and  making  such  new  great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum,  and  mileage 
at  the  rate  of  twenty-five  cents  per  mile  necessarily  traveled  in  going  only. 

3.  The  recorder,  three  thousand  five  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor  shall  receive  one  thousand  six  hundred  dollars  per  annum 
for  all  work  performed  for  the  county,  and  in  addition  therto,  actual  traveling 
and  other  necessary  expenses  incurred  in  connection  with  field-work ;  provided, 
that  whenever  the  surveyor  is  directed  by  the  assessor  to  plat,  trace,  or  other- 


302 


COUNTIES    THIRTY-SECOND     CLASS— SALARIES     OP     OFFICERS. 


wise  prepare  maps,  plats,  or  block-books  for  the  use  of  the  county  assessor, 
he  shall  be  allowed  only  the  actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month  as  salaries  of  the  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases : 

In  townships  having  a  population  of  three  thousand  five  hundred  or  more, 
seventy-five  dollars  per  month.  In  townships  having  a  population  of  not  less 
than  two  thousand  nor  more  than  three  thousand  five  hundred,  seventy  dollars 
per  month.  In  townships  having  a  population  of  not  less  than  twelve  hundred 
nor  more  than  two  thousand,  fifteen  dollars  per  month.  In  all  townships 
having  a  population  of  less  than  twelve  hundred,  ten  dollars  per  month.  In 
addition  to  the  above  salary  each  justice  of  the  peace  shall  collect  and  retain 
for  his  own  use  and  benefit  in  civil  cases,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law,  and  shall  also  collect  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  services  rendered  by 
him  as  coroner,  when  acting  as  such. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month  as  salaries  of  the  county  ofiicers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases :  In  townships  having  a  population 
of  three  thousand  five  hundred  or  more,  seventy-five  dollars  per  month.  In 
townships  having  a  population  of  not  less  than  two  thousand  nor  more  than 
three  thousand  five  hundred,  seventy  dollars  per  month.  In  townships  having 
a  population  of  not  less  than  twelve  hundred  nor  more  than  two  thousand, 
fifteen  dollars  per  month.  In  all  townships  having  a  population  of  less  than 
twelve  hundred,  ten  dollars  per  month.  In  addition  to  the  monthly  salary 
allowed  herein,  each  constable  may  collect  and  retain  for  his  own  use  such  fees 
as  are  now  or  may  be  hereafter  allowed  by  law  for  all  services  performed  by 
him  in  civil  actions;  and  he  shall  also  be  allowed  his  actual  and  necessary 
expenses  incurred  in  executing  any  warrant  outside  of  his  county  issued  by 
a  magistrate  or  justice  of  his  county. 

Constables  shall  also  be  allowed  all  necessary  expenses  actually  incurred  in 
arresting  and  conveying  prisoners  to  the  county  jail,  which  said  expenses  shall  be 
audited  and  allowed  by  the  board  of  supervisors,  and  paid  out  of  the  county 
treasury. 

15.  Each  member  of  the  board  of  education  shall  receive  five  dollars  per 
day  as  compensation  for  his  services  when  in  actual  attendance  upon  said 
board,  and  mileage  at  the  rate  of  twenty-five  cents  per  mile,  one  way  only, 
from  his  residence  to  the  place  of  meeting  of  said  board.  The  secretary  of  said 
board  of  education  shall  receive  five  dollars  per  day  for  his  services  for  the 
actual  time  that  the  board  may  be  in  session.  Said  compensation  of  the  mem- 
bers of  said  board,  and  of  said  secretary  shall  be  paid  out  of  the  same  fund  as 
the  salary  of  the  superintendent  of  schools  is  paid.  Claims  for  such  services 
and  mileage  shall  be  presented  to  the  board  of  supervisors,  and  shall  be  al- 
lowed at  the  rate  above  named,  in  the  same  manner  as  other  claims  against  the 
county  are  allowed.  The  compensation  of  the  members  of  the  county  board  of 
education  herein  provided  is  not  in  addition  to  that  provided  in  section  one 
thousand  seven  hundred  and  seventy  of  the  Political  Code. 

16.  Each  supervisor,  nine  hundred  dollars  per   annum,   and  twenty  cents 


COUNTIES    THIRTY-THIRD     CLASS— SALARIES     OF     OFFICERS.  3«3 

per  mile  for  traveling  from  his  residence  to  the  county  seat ;  provided,  that 
when  a  supervisor  is  also  road  commissioner,  he  shall  receive,  in  addition  to 
the  twenty  cents  per  mile  allowed  to  him  by  law  as  such  road  commissioner  his 
actual  traveling  expenses,  the  total  mileage  and  expenses  not  in  any  one  year 
to  exceed  the  sum  of  three  hundred  dollars,  [Amendment,  Stats.  1905,  358. 
In  effect  after  12  m.  on  the  first  Monday  after  January  1,  1907.] 

§  190.  In  counties  of  the  thirty-third  (33)  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  ($1500)  per  annum. 

2.  The  sheriff,  three  thousand  five  hundred  dollars  ($3500)  per  annum,  and 
a  jailer  at  fifty  dollars  ($50)  per  month,  to  be  paid  out  of  the  county  treasury; 
provided,  the  sheriff  shall  also  receive  for  his  own  use  and  benefit  his  necessary 
expenses  in  all  criminal  cases,  to  be  allowed  as  other  county  charges  are  al- 
lowed by  law ;  and,  provided  further,  that  the  sheriff  shall  also  receive  for  his 
own  use  and  benefit,  the  mileage,  fees  and  commissions  for  all  services  of  all 
papers  whatsoever  issued  by  any  court  of  the  state  outside  of  his  own  county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  ($1500.)  per  annum. 

4.  The  auditor,  one  thousand  dollars  ($1000)  per  annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  ($1500)  per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  ($1200)  per  annum  and  ten  per 
centum  of  all  licenses  collected  by  him;  and  a  deputy,  at  four  dollars  ($4)  per 
day  for  not  more  than  one  hundred  (100)  days  in  any  one  year,  to  be  paid  out  of 
the  county  treasury. 

7.  The  assessor,  two  thousand  five  hundred  dollars  ($2500)  per  annum  and 
two  deputies  at  a  salary  of  five  dollars  ($5)  each  per  day  for  not  more  than  one 
hundred  (100)  days  in  any  one  year,  and  two  deputies  additional,  at  a  salary  of 
five  dollars  ($5)  each  per  day  for  not  more  than  fifty  (50)  days  in  any  one 
year ;  such  deputies  to  be  paid  out  of  the  county  treasury. 

8.  The  district  attorney,  two  thousand  dollars  ($2000)  per  annum  and  neces- 
sary traveling  expenses  to  be  allowed  by  the  board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  ($1500)  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law; 
provided,  he  shall  be  given  all  work  for  the  county  in  which  the  county  em- 
ploys one  surveyor  or  civil  engineer. 

13.  In  counties  of  this  class,  the  township  officers  shall  receive  the  following 
compensations,  to  wit :  In  townships  having  a  population  of  over  four  thou- 
sand (4000),  justices  of  the  peace  shall  receive  a  monthly  salary  of  sixty  ($60) 
dollars  per  month,  and  constables  a  monthly  salary  of  sixty-five  dollars  ($65) 
per  month.  The  above-named  salaries  shall  be  in  full  compensation  for  all 
services  of  said  justices  of  the  peace  and  constables  in  criminal  cases,  but  said 
justices  of  the  peace  and  constables  may  retain  for  their  own  use  the  fees 
allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  twenty-seven  hundred  (2700), 


304  COUNTIES    THIRTY-THIRD     CLASS — SALARIES     OF     OFFICERS. 

and  not  exceeding  four  thousand  (4000),  justices  of  the  i^eace  shall  receive  a 
monthly  salarj^  of  thirty  dollars  ($30)  per  month,  and  constables  a  monthly 
salary  of  forty  dollars  per  month.  The  above-named  salaries  shall  be  in  full 
compensation  for  all  services  of  said  justices  of  the  peace  and  constables  in 
criminal  cases,  but  said  justices  of  the  peace  and  constables  may  retain  for 
their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  two  thousand  (2000)  and  less 
than  twenty-seven  hundred  (2700),  justices  of  the  peace  shall  receive  a 
monthly  salary  of  twenty-five  dollars  ($25)  per  month  and  constables  a 
monthly  salary  of  thirty-five  dollars  ($35)  per  month.  The  above  named 
salaries  shall  be  in  full  compensation  for  all  services  of  said  justices  of  the 
peace  and  constables  in  criminal  cases,  but  said  justices  of  the  peace  and 
constables  may  retain  for  their  own  use  the  fees  allowed  by  law  in  civil  pases. 

In  townships  having  a  population  of  less  than  two  thousand  (2000),  justices 
of  the  peace  shall  receive  a  monthly  salary  of  twenty  dollars  ($20)  per  month 
and  constables  a  monthly  salary  of  twenty-five  dollars  ($25)  per  month.  The 
above  named  salaries  shall  be  in  full  compensation  for  all  services  of  said 
justices  of  the  peace  and  constables  in  criminal  cases,  but  said  justices  of  the 
peace  and  constables  may  retain  for  their  own  use  the  fees  allowed  by  law 
in  civil  cases;  provided,  that  where  a  constable  shall  be  required  to  travel 
outside  of  his  own  township,  in  serving  or  executing  a  warrant  of  arrest  or  any 
other  paper  in  a  criminal  case,  he  shall  be  allowed,  in  addition  to  the  salary 
hereinbefore  provided,  his  actual  expenses  incurred  in  serving  or  executing 
the  same,  to  be  allowed  by  the  board  of  supervisors ;  for  transporting  prisoners 
to  the  county  jail,  the  actual  expenses  of  such  transportation ;  and  provided 
further,  that  for  the  purpose  of  this  act,  the  population  of  the  several  town- 
ships shall  be  ascertained  by  multiplying  the  number  of  registered  voters  at  the 
last  general  election  of  each  township,  by  five.  In  addition  to  the  above 
salaries  allowed  said  justices  of  the  peace  and  constables  for  their  services  in 
criminal  cases,  they  may  retain  for  their  own  use  the  fees  allowed  by  law  in 
civil  cases. 

14.  Each  supervisor,  six  hundred  dollars  ($600)  per  annum  and  twenty  (20) 
cents  per  mile  traveling  to  county  seat,  which  shall  be  in  full  compensation  for 
all  services,  both  as  supervisor  and  road  commissioner ;  provided,  that  in  case 
the  said  supervisors  shall  not  serve  as  road  commissioners,  the  salary  for 
supervisor  shall  be  four  hundred  dollars  ($400)  per  annum. 

15.  For  attending  as  a  grand  juror,  or  a  trial  juror  in  criminal  cases  only, 
in  the  superior  court,  for  each  day's  attendance,  three  (3)  dollars;  for  each 
mile  actually  traveled  one  way  as  such  grand  juror,  or  trial  juror  in  criminal 
cases,  in  the  superior  court,  under  summons  or  order  of  the  court,  twenty-five 
cents.  The  county  clerk  shall  certify  to  the  auditor  the  number  of  days 
attendance,  and  the  number  of  miles  traveled  by  each  juror  and  the  auditor 
shall  then  draw  his  warrant  therefor  and  the  treasurer  shall  pay  the  same. 

16.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
so  far  as  it  relates  to  the  fees  and  mileage  of  jurors  and  traveling  expenses  of 
constables,  shall  take  effect  immediately,  but  shall  not  affect  the  compensation 
of  other  officers  during  the  present  term  of  office.  [Amendment,  Stats.  1905, 
376.] 


COUJVTIES    THIRTY-FOURTH     CLASS — SALARIIi:S     OF     OFFICERS.  305 

§  191.  In  counties  of  the  thirty-fourth  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  two  thousand  four  hundred  dollars  per  annum,  and 
during  each  year  in  which  a  general  election  is  held  throughout  the  state  he 
shall  in  addition  to  said  salary  receive  each  month  for  the  mouths  of  August, 
September,  October  and  November,  one  hundred  dollars,  and  the  same  shall 
be  so  paid  from  the  same  fund  as  other  salaries  are  paid. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the  fees,  mileage  and 
commissions  for  the  services  of  all  papers  issued  by  any  court  of  the  state 
outside  of  this  county.  Also  his  actual  traveling  expenses  in  the  execution  of 
a  warrant  outside  of  his  county  issued  by  a  magistrate  or  court  of  his  county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum ;  provided, 
that  such  recorder  shall  collect  and  pay  into  the  county  treasury,  for  the  use 
and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected;  and 
provided,  that  when  the  amount  of  said  fees  collected  shall  amount  to  more  than 
one  hundred  and  twenty-five  dollars  in  any  month,  the  recorder  may  receive 
and  retain  for  his  own  use,  in  addition  to  his  salary,  all  fees  in  excess  of  one 
hundred  and  twenty-five  dollars,  and  not  exceeding  one  hundred  and  seventy- 
five  dollars,  in  any  month  so  collected ;  so  that  the  amount  of  fees  thus  received 
by  the  recorder  for  his  own  use,  plus  the  salary,  shall  not  exceed  the  sum  of 
one  hundred  and  seventy-five  dollars  in  any  one  month. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per  annum,  and  ten 
per  centum  of  all  licenses  collected  by  him. 

7.  The  assessor,  twenty-six  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  one  deputy  assessor,  who  shall  be  appointed 
by  the  assessor  of  said  county  and  who  shall  hold  office  from  twelve  o'clock 
meridian  of  the  first  Monday  of  March  of  each  year  up  to  twelve  o  'clock  meridian 
of  the  first  Monday  in  July  of  each  year.  The  salary  of  said  deputy  assessor 
herein  provided  for  is  hereby  fixed  at  the  sum  of  one  hundred  dollars  per 
month  during  which  months  he  shall  hold  office  as  herein  provided,  which  said 
salary  shall  be  paid  by  said  county  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  is  the  salary  of  the  assessor. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  six  hundred  dollars  per  annum. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  dollars  per  annum,  and 
actual  traveling  expenses  while  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law; 
provided,  he  shall  be  given  all  work  for  the  county  in  which  the  county  em- 
ploys a  surveyor  or  civil  engineer;  and  provided  further,  that  it  shall  be  the 
duty  of  the  board  of  supervisors  of  counties  of  this  class  to  so  employ  him. 

13.  Supervisors,  each  the  sum  of  six  hundred  dollars  per  annum  for  all  ser- 
vices performed  by  them,  as  supervisors,  and  members  of  the  board  of  equal- 
ization and  road  commissioners;  provided,  that  each  supervisor  shall  receive 

Gen.    I^aws — 20 


306  COUNTIES    THIRTY-FOURTH    CLASS— SALARIES     OF     OFFICERS. 

ten  cents  for  each  mile  traveled  by  the  ordinary  route,  in  going  from  his  resi- 
dence to  the  county  seat  and  returning,  once  during  each  month. 

14.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the  peace 
and  constables,  townships  of  this  class  of  counties  are  hereby  classified  accord- 
ing to  their  population  as  shown  by  the  federal  census  of  one  thousand  nine 
hundred;  townships  having  a  population  of  two  thousand  four  hundred  and 
not  over  four  thousand  shall  be  classified  as  townships  of  the  first  class,  and 
townships  having  a  population  of  less  than  two  thousand  four  hundred  shall 
belong  to  and  be  known  as  townships  of  the  second  class. 

15.  In  townships  of  the  first  class,  justices  of  the  peace  shall  receive  forty 
dollars  a  month  to  be  paid  each  month  out  of  the  same  fund  and  at  the  same 
time  as  the  county  officers  are  paid,  and  which  sum  shall  be  in  full  compensa- 
tion for  all  services  rendered  by  them  in  criminal  cases.  In  townships  of  the 
second  class,  justices  of  the  peace  shall  receive  thirty  dollars  per  month  to  be 
paid  each  month  out  of  the  same  fund  and  at  the  same  time  as  the  county 
officers  are  paid  and  which  sum  shall  be  in  full  compensation  for  all  services 
rendered  by  them  in  criminal  cases. 

16.  Constables  in  counties  of  this  class  shall  receive  the  following  monthly 
salaries  to  be  paid  each  month  out  of  the  same  fund  and  at  the  same  time  as  the 
county  officers  are  paid,  which  sum  shall  be  in  full  compensation  for  all  services 
rendered  by  them  in  criminal  eases,  the  same  to  include  all  costs  of  transportation 
of  all  prisoners  within  the  county,  to  wit :  Constables  in  townships  of  the  first 
class  shall  receive  a  monthly  salary  of  sixty  dollars  per  month,  and  constables 
of  townships  of  the  second  class  shall  receive  a  monthly  salary  of  forty  dollars 
per  month.  Provided  further,  that  when  any  constable  is  required  to  go  out  of 
his  own  county  to  serve  a  warrant  of  arrest  or  any  other  paper  in  a  criminal 
ease  he  shall  be  allowed  mileage  both  going  and  coming,  outside  of  his  own 
county,  at  the  rate  of  ten  cents  per  mile,  but  shall  not  be  allowed  any  sum 
for  any  other  expenses. 

17.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  such  fees  as  are  now  or  may  be  hereafter  provided  by  law ;  said 
compensation  for  per  diem  and  transcription  in  criminal  cases  to  be  audited 
and  allowed  upon  a  written  order  of  the  court,  and  paid  out  of  the  county 
treasury,  and  in  civil  cases  to  be  paid  by  the  party  ordering  the  same,  or,  when 
ordered  by  the  judge,  by  either  party,  or  jointly  by  both  parties,  as  the  court 
may  direct. 

Jurors'  and  witness  fees,  in  criminal  cases,  shall  be  as  follows: 

18.  For  attending  as  a  grand  juror  or  a  trial  juror  in  the  superior  court,  in 
criminal  cases  only,  for  each  day's  attendance,  per  day,  three  dollars,  for  each 
mile  actually  traveled  in  attending  court  as  such  juror  under  summons  or 
under  order  of  court,  in  criminal  cases,  in  going  only,  per  mile,  twenty-five 
cents  and  the  county  clerk  shall  certify  to  the  auditor  the  number  of  days 
attendance  and  number  of  miles  traveled  by  each  juror,  and  the  auditor  shall 
then  draw  his  warrant  therefor  and  the  treasurer  shall  pay  the  same. 

Witness  fees  shall  be  as  follows : 

19.  For  each  day's  actual  attendance,  when  legally  required  to  attend  upon 
the  superior  court,  per  day,  one  dollar  and  fifty  cents  in  criminal  cases;  mile- 


COUNTIES    THIRTY-FIFTH    CLASS — SALARIES     OF    OFFICERS.  SOT 

age  actually  traveled,  one  way  only,  per  mile,  ten  cents;  provided,  however, 
that  such  per  diem  and  mileage  shall  only  be  allowed  on  a  showing  to  the 
court,  by  the  witness,  that  he  is  in  indigent  circumstances  and  is  unable  to 
bear  the  expense  incident  to  attending  court,  while  required  so  to  do,  and 
that  such  per  diem  and  mileage  are  necessary  for  the  expenses  of  the  witness 
in  attending;  and  the  court  shall  determine  the  necessity  of  the  same,  and 
shall  then  make  an  order  directing  the  auditor  to  draw  his  warrant  on  the 
county  treasurer  for  the  amount  allowed,  and  the  treasurer  shall  pay  the  same. 
The  court  may  disallow  any  fee  to  a  witness  unnecessarily  subpoenaed. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and  so 
far  as  the  same  relates  to  the  salary  of  the  justices  of  the  peace  and  constables 
and  the  compensation  of  the  official  reporter  of  the  superior  court,  it  shall 
affect  and  apply  to  present  incumbents.     [Amendment,  Stats.  1905,  335.] 

§  192.  In  counties  of  the  thirty-fifth  class,  the  county  officers  shall  receive, 
as  compensation  for  the  service  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  four  thousand  two  hundred  and  fifty  dollars  per  annum; 
provided,  the  sheriff  shall  also  receive  for  his  own  use  and  benefit  his  necessary 
expenses  in  all  criminal  cases,  to  be  allowed  as  other  county  charges  are  al- 
lowed by  law ;  and,  provided  further,  that  the  sheriff  shall  also  receive  for  his 
own  use  and  benefit,  the  mileage,  fees,  and  commissions  for  all  service  of  all 
papers  whatsoever  issued  by  any  court  of  the  state  outside  of  his  county. 

3.  The  recorder,  one  thousand  eight  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum;  provided,  as  license 
collector,  he  shall,  in  addition,  be  entitled  to  receive,  and  retain  for  his  own 
use  and  benefit,  ten  per  centum  on  all  licenses  collected  by  him. 

7.  The  assessor,  one  thousand  eight  hundred  dollars  per  annum,  and  one 
deputy  not  to  exceed  five  dollars  per  day  for  not  more  than  one  hundred  and 
twenty-five  days  in  any  year,  and  one  field  deputy  not  to  exceed  five  dollars 
per  day,  for  not  more  than  one  hundred  and  twenty-five  days  in  any  one  year 
to  be  paid  out  of  the  county  treasury. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annum; 
provided,  he  may  charge  and  receive  for  his  own  use  necessary  expenses  for 
traveling  on  county  and  public  business,  to  be  allowed  as  other  county  charges 
are  allowed  by  law. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter  al- 
lowed by  law. 

11.  The  superintendent  of  schools,  six  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county.  And  if  the 
board  of  supervisors  provide  that  he  shall  not  engage  in  teaching,  then  he 
shall  receive  one  thousand  two  hundred  dollars  per  annum,  and  traveling  ex- 
penses, not  to  exceed  three  hundred  dollars  per  annum,  which  expenses  are 
to  be  allowed  and  paid  as  a  county  charge. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law ; 


308  COUNTIES    THIRTY-SIXTH     CLASS— SALARIES     OF     OFFICERS. 

provided,  he  shall  be  given  all  work  for  the  county  in  which  the  county  employs 
one  surveyor  or  civil  engineer. 

13.  In  counties  of  this  class  the  township  officers  shall  receive  the  following 
compensation,  to  wit : 

In  townships  having  a  population  of  three  thousand  or  more,  justices  of  the 
peace  shall  receive  a  monthly  salary  of  forty  dollars  per  month,  and  constables 
a  monthly  salary  of  sixty  dollars  per  month. 

In  townships  having  a  population  of  more  than  twenty-two  hundred  and  less 
than  three  thousand,  the  justices  of  the  peace  shall  receive  a  monthly  salary 
of  thirty-five  dollars  per  month,  and  constables  a  monthly  salary  of  fifty-five 
dollars  per  month. 

In  townships  having  a  population  of  more  than  eighteen  hundred  and  less 
than  twenty-two  hundred,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  thirty  dollars  per  month,  and  constables  a  monthly  salary  of  fifty  dollars 
per  month. 

In  townships  having  a  population  of  more  than  fourteen  hundred  and  [not] 
less  than  eighteen  hundred,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  twenty-five  dollars  per  month,  and  constables  a  monthly  salary  of  forty-five 
dollars  per  month. 

In  townships  having  a  population  of  less  than  fourteen  hundred,  justices  of 
the  peace  shall  receive  a  monthly  salary  of  twenty-five  dollars  per  month,  and 
constables  a  monthly  salary  of  forty  dollars  per  month.  The  above-named 
salaries  shall  be  in  full  compensation  for  all  services  of  said  justices  of  the 
peace  and  constables  in  criminal  cases ;  provided,  that,  in  addition  to  the  salary 
herein  allowed,  each  constable  shall  be  paid  out  of  the  treasury  of  the  county 
for  traveling  expenses  outside  of  his  township,  for  service  of  a  warrant  of 
arrest  or  any  other  paper  in  a  criminal  case,  such  fees  as  they  are  now  or 
may  be  hereafter  allowed  by  law,  for  transporting  prisoners  to  the  county  jail, 
the  actual  expenses  of  such  transportation ;  and,  provided  further,  that  for  the 
purpose  of  this  act,  the  population  of  the  several  townships,  shall  be  ascer- 
tained by  multiplying  the  number  of  registered  voters  at  the  last  general  elec- 
tion by  five.  But  said  justices  of  the  peace  and  constables  may  retain  for  their 
own  use,  the  fees  allowed  by  law  in  civil  cases. 

14.  Each  supervisor,  four  hundred  dollars  per  annum,  and  ten  cents  per  mile 
for  traveling  to  and  from  his  residence  to  the  county  seat  at  each  session ;  and, 
unless  otherwise  provided  by  law,  when  serving  as  road  commissioner,  three 
dollars  per  day.  But  he  shall  not  in  any  one  year  receive  more  than  three 
hundred  dollars  for  services  as  such  road  commissioner. 

15.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
[Amendment,  Stats.  1903,  200.] 

§  193.  In  counties  of  the  thirty-sixth  class,  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  twenty-tw^o  hundred  dollars  per  annum. 

2.  The  sheriff,  forty-five  hundred  dollars  per  annum. 

3.  The  recorder,  three  thousand  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 


COUNTIES     THIRTY-SEVENTH  CLASS — SALARIES     OF     OFFICERS.  309 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  five  per  centum  on 
all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter  al- 
lowed by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  one  thousand  five  hundred  dollars  per  annum,  which  shall 
be  in  full  for  all  services  required  of  him  by  the  superior  court  or  the  board  of 
supervisors ;  provided,  that  he  shall  be  entitled  to  receive  from  the  county  his 
actual  expenses  incurred  in  the  performance  of  any  order  of  the  court  or  the 
board  of  supervisors ;  provided  further,  that  whenever  the  surveyor  is  directed 
by  the  board  of  supervisors  to  plat,  trace  or  otherwise  prepare  maps,  plats  or 
block-books  for  the  use  of  the  county  assessor,  he  shall  be  allowed  only  the 
actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  supervisor,  seven  hundred  and  fifty  dollars  per  annum,  which  shall 
be  in  full  for  all  services  as  supervisor  and  road  commissioner  for  each  year. 
Said  salary  of  seven  hundred  and  fifty  dollars  shall  be  payable  monthly. 
[Amendment,  Stats.  1905,  365.] 

§  194.  In  counties  of  the  thirty-seventh  class,  the  county  officers  shall  re- 
ceive as  compensation  for  their  services  required  of  them  by  law,  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  twenty-five  hundred  dollars  per  annum, 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  one  jailer  at  a  salary 
of  nine  hundred  dollars  per  annum. 

3.  The  recorder,  eighteen  hundred  dollars  per  annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  which  shall  be  in  full 
for  all  services  at  tax  collector  and  as  license  collector. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  provided  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be  pro- 
vided by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  provided  by 
law. 

13.  Each  supervisor  shall  receive  for  compensation  five  dollars  per  day  for 
all  services  performed  as  supervisor  and  member  of  the  board  of  equalization, 
not  to  exceed  the  sum  of  four  hundred  dollars  per  annum ;  also,  three  dollars 


310  COUJVTIES     THIRTY-EIGHTH    CLASS — SALARIES     OF     OFFICERS. 

per  day  for  each  day  actually  engaged  in  performing  the  duties  of  road  com- 
missioner, not  to  exceed  three  hundred  dollars  per  annum.  The  supervisors 
of  counties  of  this  class  shall  be  elected  from  their  respective  supervisorial 
districts  at  the  next  general  election  as  follows,  to  wit :  The  term  of  office  of  the 
supervisors  elected  from  the  first  and  third  supervisorial  districts  shall  expire 
in  two  years  from  such  general  election  and  the  term  of  office  of  the  supervisors 
elected  from  the  second,  fourth,  and  fifth  supervisorial  districts  shall  terminate 
in  four  years  from  such  general  election. 

14.  In  counties  of  this  class,  the  township  officers  shall  receive  the  following 
compensation,  to  wit :  In  townships  having  a  population  of  four  thousand, 
justices  of  the  peace  shall  receive  a  monthly  salary  of  seventy-five  dollars; 
and  constables  a  monthly  salary  of  seventy-five  dollars.  The  above  named 
salaries  shall  be  in  full  compensation  for  all  services  of  said  justices  of  the 
peace  and  constables  in  criminal  cases ;  they  may  also  retain  for  their  own  use 
all  other  fees,  except  those  in  criminal  cases,  as  are  now  or  may  hereafter  be 
provided  by  law.  In  townships  having  a  population  of  less  than  four  thousand, 
each  justice  of  the  peace  and  each  constable  shall  receive  as  compensation  for 
his  services  such  fees  as  are  now,  or  may  hereafter  be,  provided  by  law. 
[Amendment,  Stats.  1905,  308.] 

§  195.  In  counties  of  the  thirty-eighth  (38)  class  (Stanislaus)  the  county 
officers  shall  receive  as  compensation  for  the  services  required  of  them  by  law 
or  by  virtue  of  their  office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  two  thousand  seven  hundred  dollars  per  annum;  and 
provided  that  in  each  year  when  a  new  registration  is  required  he  shall  receive 
in  addition  to  his  salary  the  sum  of  ten  (10)  cents  for  each  elector  registered, 
which  amount  shall  be  allowed  by  the  board  of  supervisors  at  the  close  of 
registration  preceding  a  general  election,  and  paid  from  the  general  fund  of 
the  county. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  fees,  commissions,  and 
mileage  for  the  service  of  papers  or  process  coming  from  courts  other  than 
those  of  his  own  county. 

3.  The  recorder,  one  thousand  six  hundred  dollars  per  annum;  provided, 
that  such  recorder  shall  collect  and  pay  into  the  county  treasury,  for  the  use 
and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected;  and 
provided,  that  when  the  amount  of  said  fees  collected  shall  exceed  two  hun- 
dred and  fifty  dollars  in  any  month,  the  recorder  may  receive  and  retain  for  his 
own  use,  in  addition  to  his  salary,  one  half  of  all  fees  in  excess  of  two  hundred 
and  fifty  dollars  in  any  month  so  collected.  But  the  amount  of  fees  thus  re- 
ceived by  the  recorder  for  his  own  use,  plus  his  salary,  shall  not  exceed  the  sum 
of  three  thousand  dollars  in  any  one  year. 

4.  The  auditor,  one  thousand  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum,  and  the  fees 
and  commissions  now  or  hereafter  allowed  by  law. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  the  fees  and 
commissions  now  or  hereafter  allowed  by  law. 

7.  The  assessor,  two  thousand  eight  hundred  dollars  per  annum,  and  the 
fees  and  commissions  now  or  hereafter  allowed  by  law.  The  assessor  shall 
also  be  allowed  the  following  deputies,  viz.:    One  deputy  for  each  bona  fide 


COUNTIES    THIRTY-EIGHTH     CLASS— SALARIES     OP     OFFICERS.  311 

increase  of  one  hundred  real  estate  statements  made  for  assessment  purposes 
over  and  above  two  thousand  five  hundred  of  such  statements,  and  not  to  ex- 
ceed in  all  six  deputies.  Each  of  such  deputies  shall  receive  a  monthly  com- 
pensation of  one  hundred  dollars  for  a  period  of  not  to  exceed  two  months  in 
any  one  year,  said  compensation  to  be  paid  monthly  in  the  same  manner  as 
county  officers  are  paid. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be  al- 
lowed by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hundred  dollars  per 
annum.  He  shall  also  be  allowed  his  actual  traveling  expenses  when  visiting 
the  schools  of  the  county,  which  expense  shall  not  exceed  the  sum  of  five  hun- 
dred dollars  in  any  one  year.  He  shall  receive  nothing  for  his  services  as  a 
member  of  the  board  of  education.  The  superintendent  of  schools  shall  be 
allowed  one  deputy,  to  be  appointed  by  the  principal,  which  said  deputy  shall 
be  allowed  a  salary  of  fifty  dollars  per  month,  to  be  paid  at  the  same  time  and 
in  the  same  manner  as  other  county  officers. 

12.  The  surveyor  shall  receive  one  thousand  eight  hundred  dollars  per 
annum,  and  in  addition  thereto,  actual  traveling  and  other  necessary  expenses 
incurred  in  connection  with  field-work.  He  shall  have  one  deputy  at  a  salary 
of  one  thousand  dollars  per  annum ;  said  deputy  to  be  appointed  by  the  prin- 
cipal and  be  paid  at  the  same  time  and  in  the  same  manner  as  other  county 
officers.  It  shall  be  the  duty  of  the  surveyor  among  other  things,  to  make  and 
correct  all  necessary  plats,  maps,  and  block-books  for  the  assessor's  office,  and 
all  necessary  county  and  road  maps,  and  all  necessary  plans  and  specifications 
for  bridge  work  and  county  buildings;  provided,  however,  that  when  in  the 
judgment  of  the  board  of  supervisors  of  the  county,  and  the  representations  of 
the  county  surveyor,  it  is  necessary  to  employ  additional  assistance  for  the 
performance  of  said  work,  the  board  of  supervisors  shall  allow  the  necessary 
and  actual  expense  therefor;  provided  he  shall  receive  nothing  for  preparing 
any  map  or  plat  necessary  to  accompany  reports  made  by  him  on  road  work, 
nor  for  preparing  and  keeping  up  the  necessary  and  proper  records  of 
his  office.  He  shall  at  all  times  be  subject  to  the  orders  of  the  board  of 
supervisors. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the  peace 
and  constables,  townships  of  this  class  of  counties  are  hereby  classified  accord- 
ing to  their  population  as  shown  by  the  federal  census  of  nineteen  hundred : 
Townships  having  a  population  of  two  thousand  eight  hundred  and  more  shall 
belong  to  and  be  known  as  townships  of  the  first  class;  townships  having  a 
population  of  two  thousand  four  hundred  and  less  than  two  thousand  eight 
hundred  shall  belong  to  and  be  known  as  townships  of  the  second  class ;  town- 
ships having  a  population  of  one  thousand  six  hundred  and  less  than  two  thou- 
sand four  hundred  shall  belong  to  and  be  known  as  townships  of  the  third 
class ;  townships  having  a  population  of  eight  hundred  and  less  than  one  thou- 
sand six  hundred  shall  belong  to  and  be  known  as  townships  of  the  fourth 
class;  townships  having  a  population  of  six  hundred  and  fifty  and  less  than 
eight  hundred  shall  belong  to  and  be  known  as  townships  of  the  fifth  class; 


312  COUNTIES    THIRTY-EIGHTH     CLASS — SALARIES     OF     OFFICERS. 

townships  having  a  population  of  less  than  six  hundred  and  fifty  shall  belong 
to  and  be  known  as  townships  of  the  sixth  class ;  providing,  that  the  board  of 
supervisors  of  the  county  ma}^,  prior  to  any  general  election,  consolidate  two 
or  more  of  such  townships  into  one. 

I3I/0.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to 
be  paid  each  month  as  the  county  officers  are  paid,  which  shall  be  in  full  com- 
pensation for  all  services  rendered  by  them  in  criminal  cases,  to  wit :  In  town- 
ships of  the  first  class,  ninety  dollars ;  in  townships  of  the  second  class,  fifty 
dollars ;  in  townships  of  the  third  class,  fifty  dollars ;  in  townships  of  the  fourth 
class,  forty  dollars;  in  townships  of  the  fifth  and  sixth  ela.ss,  twenty  dollars. 
In  addition  to  the  monthly  salaries  herein  allowed,  each  justice  of  the  peace 
may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  for  all  services  rendered  by  him  in  civil  actions;  and  justices 
of  the  first,  second  and  third  class  shall  be  allowed  their  office  rent,  not  to 
exceed  the  sum  of  five  dollars  each,  for  any  one  month.  Each  justice  must  pay 
into  the  county  treasury,  once  a  month,  all  fines  collected  by  him. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month  as  the  county  officers  are  paid,  which  shall  be  in  full  compensation  for 
all  services  rendered  by  them  in  criminal  cases,  to  wit :  In  townships  of  the 
first  class,  ninety  dollars;  in  townships  of  the  second  class,  eighty  dollars;  in 
townships  of  the  third  class,  eighty  dollars;  in  townships  of  the  fourth  class, 
fifty  dollars;  in  townships  of  the  fifth  and  sixth  class,  thirty  dollars.  In  ad- 
dition to  the  monthly  salaries  herein  allowed,  each  constable  may  receive  and 
retain  for  his  own  use  such  fees'  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  services  rendered  by  him  in  civil  actions;  and  shall  also  be  allowed  all 
necessary  expenses  actually  incurred  in  arresting  and  conveying  prisoners  to 
court  or  to  prison,  which  expense  shall  be  audited  and  allowed  by  the  board 
of  supervisors  and  paid  out  of  the  county  treasury;  provided  further,  that 
when  any  constable  is  required  to  go  out  of  his  own  county  to  serve  a  warrant 
of  arrest,  or  any  other  paper  in  a  criminal  case,  he  shall  be  allowed  mileage, 
both  going  and  returning,  outside  of  his  own  county,  at  the  rate  of  ten  cents 
per  mile. 

15.  Supervisors,  each,  the  sum  of  six  hundred  dollars  per  annum,  and  mile- 
age at  the  rate  of  ten  cents  per  mile  for  each  mile  traveled  in  going  to  and 
from  the  meeting  of  the  board;  provided,  that  only  one  mileage  at  any  one 
session  of  the  board  shall  be  allowed.  The}'^  shall,  from  and  after  the  passage 
of  this  act,  act  as  road  commissioners  in  their  respective  districts,  and  shall 
thereafter  receive  for  their  services  as  such  road  commissioners  mileage  at  the 
rate  of  twenty  cents  per  mile  each,  one  way,  for  all  distances  actually  traveled 
by  them  in  the  discharge  of  their  duties  as  such  road  commissioners ;  provided, 
that  such  mileage  as  road  commissioner  shall  not,  in  any  one  year,  exceed  the 
sum  of  three  hundred  dollars  for  any  one  of  the  commissioners. 

16.  "Witnesses  in  criminal  cases  shall  receive  one  dollar  and  fifty  cents  per 
ilay,  and  ten  cents  per  mile  for  each  mile  actually  traveled,  one  way  only.  The 
court  shall  make  an  order  directing  the  auditor  to  draw  his  warrant  on  the 
county  treasurer  for  the  amount  due,  and  the  treasurer  shall  pay  the  same. 
The  court  may  disallow  any  fee  to  a  witness  unnecessarily  subpcpnaed. 
[Amendment,  Stats.  1905,  366.] 


COUNTIES    THIRTY-AIKTH    CLASS— SALARIES     OF     OFFICERS.  313 

§  196.  In  counties  of  the  thirty-ninth  class  the  county  officers  shall  receive 
as  compensation  for  services  required  of  them  by  law,  by  virtue  of  their  offices, 
the  following  salaries,  to  wit : 

1.  The  county  clerk,  two  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  dollars  per  annum  and  fees,  commissions  and 
mileage  for  the  service  of  papers  or  process  coming  from  courts  other  than 
those  of  his  own  county. 

3.  The  recorder,  one  thousand  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  re- 
corder a  copyist  who  shall  be  appointed  by  the  recorder  and  paid  the  salary  of 
fifty  dollars  per  month;  said  salary  to  be  paid  by  said  county  in  monthly 
instalments  at  the  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  recorder  is  paid ;  and  provided  that  such  recorder  shall  collect 
and  pay  into  the  county  treasury  for  the  use  and  benefit  of  the  county  the  fees 
required  to  be  paid  by  law  so  collected ;  and  provided  that  when  the  amount  of 
said  fees  collected  shall  exceed  two  hundred  dollars  in  any  month,  the  recorder 
may  receive  and  retain  for  his  own  use,  in  addition  to  his  own  salarj^,  one  half 
of  all  fees  in  excess  of  two  hundred  dollars  in  any  month  so  collected.  But  the 
amount  of  fees  thus  received  by  the  recorder  for  his  own  use,  plus  the  salary 
shall  not  exceed  the  sum  of  two  thousand  dollars  in  one  year. 

4.  The  auditor,  one  thousand  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  five  hundred  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum,  and  such  fees  as  now  or 
may  hereafter  be  allowed  by  law.  The  assessor  shall  also  be  allowed  the  fol- 
lowing deputies,  viz. :  one  deputy  for  each  bona  fide  increase  of  one  hundred 
real  estate  statements  made  for  assessment  purposes  over  and  above  twenty-four 
hundred  of  such  statements  and  not  to  exceed  in  all  five  deputies.  Each  of  such 
deputies  shall  receive  a  monthly  compensation  of  one  hundred  dollars  for  a 
period  not  to  exceed  two  months  in  any  one  year,  said  compensation  to  be  paid 
monthly  in  the  same  manner  as  county  officers  are  paid.  He  shall  prepare  the 
military  roll  for  which  he  shall  receive  five  cents  for  each  name  thereon :  that  the 
assessor  shall  annually  revise  the  plats  in  his  office  and  prepare  the  military  roll 
at  his  own  cost  and  expense. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  and  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  and  may  hereafter  be  al- 
lowed by  law. 

11.  The  superintendent  of  schools,  one  thousand  four  hundred  dollars  per 
annum,  and  shall  also  be  allowed  the  compensation  provided  by  law  for  ser- 
vices upon  the  board  of  education.  He  shall  be  allowed  his  actual  traveling 
expenses  when  visiting  schools  of  his  county,  w^hich  expense  shall  not  exceed 
the  sum  of  three  hundred  dollars  in  one  year.  Provided,  in  counties  of  this 
class  there  shall  be  and  is  hereby  allowed  to  the  superintendent  of  schools  an 
assistant  who  shall  be  appointed  by  the  superintendent  of  schools  and  paid  a 
salary  of  fifty  dollars  per  month,  said  salary  to  be  paid  by  said  county  in 
monthly  instalments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  superintendent  of  schools  is  paid. 


314  COUNTIES     FORTIETH     CLASS — SALARIES     OP     OFFICERS. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 
Provided  the  surveyor  shall  annually  revise  the  plats  in  the  office  of  the 
assessor  for  which  he  shall  receive  a  sum  not  to  exceed  two  hundred  dollars  in 
any  one  year, 

13.  Justices  of  the  peace  shall  receive  the  following  salaries  for  all  services 
rendered  by  them  in  criminal  cases,  payable  monthly  in  the  same  manner  as 
county  officers  are  paid,  viz. :  In  townships  having  a  population  of  moi^e  than 
three  thousand  five  hundred,  one  hundred  dollars  per  month ;  in  townships  having 
a  population  of  less  than  three  thousand  five  hundred  and  more  than  two  thou- 
sand, seventy-five  dollars  per  month;  in  townships  having  a  population  of  less 
than  two  thousand,  forty  dollars  per  month.  Justices  of  the  peace  in  counties  of 
this  class  shall  also  receive  for  their  own  use  and  benefit  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  in  civil  cases.  They  shall  also  be  allowed 
the  actual  rent  for  their  offices,  not  to  exceed  ten  dollars  per  month. 

14.  Constables  shall  receive  the  following  salaries  for  all  services  rendered 
by  them  in  criminal  cases,  payable  monthly  in  the  same  manner  as  county 
officers  are  paid,  viz. :  In  townships  having  a  population  of  more  than  three 
thousand  five  hundred,  one  hundred  dollars  per  month ;  in  townships  having  a 
population  of  less  than  three  thousand  five  hundred  and  more  than  two  thou- 
sand, seventy-five  dollars  per  month ;  in  townships  having  a  population  of  less 
than  two  thousand,  forty  dollars  per  month.  Constables  shall  also  receive  for 
their  own  use  and  benefit  such  fees  as  are  now  or  hereafter  may  be  allowed 
by  law  in  civil  cases.  They  shall  also  be  allowed  their  actual  expenses  in 
conveying  prisoners  from  the  place  of  arrest  to  the  court,  and  in  case  of  con- 
viction, from  court  to  the  county  jail. 

15.  Supervisors,  each  six  hundred  dollars  per  annum  for  all  services  per- 
formed by  them  as  supervisors  and  members  of  the  board  of  equalization  and 
road  commissioners,  including  mileage,  provided,  that  each  supervisor  shall  re- 
ceive ten  cents  for  each  mile  traveled  by  the  ordinary  route  in  going  from  his 
residence  to  the  county  seat  and  returning  once  during  each  meeting.  Each 
supervisor  shall  be  allowed  his  actual  traveling  expenses  while  supervising  the 
roads  of  his  district,  not  exceeding  twenty  dollars  in  any  one  month.  [Amend- 
ment, Stats.  1905,  338.] 

§  197.  In  counties  of  the  fortieth  class,  the  county  officers  shall  receive  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries  and  fees,  to  wit : 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum,  and  all  mileage  for  the 
service  of  papers  issued  out  of  any  court  outside  of  his  county. 

3.  The  recorder,  twenty-one  hundred  dollars  per  annum. 

4.  The  auditor,  nine  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  and  ten  per  centum  on 
all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 


COUNTIES     FORTIETH     CLASS— SALARIES     OF     OFFICERS.  315 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  hereafter  al- 
lowed by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now,  or  may  be  hereafter  allowed  by  law. 

13.  Each  justice  of  the  peace,  the  following  fees:  In  civil  actions  before  him, 
for  all  services  required  to  be  performed  by  him  before  trial,  two  dollars. 

For  a  trial,  and  all  proceedings  subsequent  thereto,  including  all  affidavits, 
swearing  witnesses  and  jury,  and  the  entry  of  judgment,  four  dollars. 

In  all  eases  where  judgment  is  rendered  by  default  or  confession,  for  all 
services  from  the  filing  of  the  complaint  to  and  including  the  entry  of  judg- 
ment, three  dollars. 

For  issuing  a  writ  of  attachment,  to  include  all  affidavits,  taking  and  approv- 
ing bond,  and  all  oaths  and  certificates  necessary  thereto,  three  dollars. 

For  all  services  and  proceedings  in  a  criminal  action  or  proceeding  whether 
on  examination  or  trial,  three  dollars;  provided,  that  if  the  defendant  plead 
guilty,  only  two  dollars  shall  be  allowed. 

For  taking  bail,  after  commitment  by  another  magistrate,  only  fifty  cents. 

For  making  transcript  of  docket,  making  up  and  transmitting  papers  on  ap- 
peal, including  the  certificate  to  the  same,  two  dollars. 

For  copies  of  docket  or  papers  in  his  office,  per  folio,  twenty  cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the  party  demanding  the  same, 
one  dollar. 

For  celebrating  a  marriage,  and  returning  the  certificate  to  the  recorder, 
three  dollars. 

For  docketing  a  judgment  or  any  instrument,  for  the  first  name  fifty  cents ; 
for  each  additional  name  twenty-five  cents. 

For  taking  depositions,  per  folio,  twenty  cents. 

For  administering  an  oath,  twenty-five  cents,  and  certificate  to  same,  twenty- 
five  cents ;  for  each  certificate  twenty-five  cents. 

For  issuing  a  commission  to  take  testimony,  seventy-five  cents. 

For  all  services  connected  with  the  posting  of  estrays,  including  the  tran- 
script for  the  recorder,  three  dollars. 

For  issuing  an  execution  and  entering  satisfaction  of  the  judgment,  fifty 
cents. 

In  all  cases  before  justices  of  the  peace  where  the  venue  shall  be  changed, 
the  justice  before  whom  the  action  shall  be  brought,  for  all  services  rendered, 
including  the  making  up  and  transmission  of  the  manuscript  and  papers,  shall 
receive  three  dollars;  and  the  justice  before  whom  the  trial  shall  take  place, 
shall  receive  the  same  fees  as  if  the  action  had  been  commenced  before  him. 

14.  Each  constable  shall  receive  the  following  fees:  For  serving  all  sum- 
mons in  civil  cases,  for  each  defendant,  including  the  copy  required  by  law,  one 
dollar.  • 

For  summoning  a  jury  of  twelve  or  less  before  a  justice,  one  dollar  and  fifty 
cents;  for  each  aditional  juror  above  twelve,  twenty-five  cents. 
For  taking  any  bond  required  by  law  to  be  taken,  fifty  cents. 
For  summoning  each  witness,  twenty-five  cents. 


S16  COUNTIES     FORTY-FIRST     CLASS — SALARIES     OF     OFFICERS. 

For  serving  an  attachment  or  levying  an  execution  on  the  property  of  a 
defendant,  one  dollar  and  fifty  cents. 

For  summoning  and  swearing  a  jury  to  try  the  rights  of  property,  and  mak- 
ing a  verdict,  two  dollars. 

For  receiving  and  taking  care  of  property  on  execution,  order  or  attach- 
ment, his  actual  necessary  expenses,  to  be  allowed  by  the  justice  who  issued 
the  order,  attachment  or  execution  upon  the  affidavit  of  the  constable  that  the 
charges  are  correct  and  that  the  expenses  were  necessarily^  incurred. 

For  collecting  all  sums  on  execution,  three  per  centum,  to  be  charged  against 
the  defendant  named  in  the  execution. 

For  serving  a  warrant  or  order  for  the  delivery  of  personal  property,  or 
making  an  arrest  in  a  civil  case,  one  dollar  and  fifty  cents. 

For  making  each  arrest  in  criminal  cases,  two  dollars. 

For  ever}'  mile  necessarily  traveled,  in  going  only,  to  serve  any  civil  or 
criminal  process  or  paper,  or  to  take  a  prisoner  before  a  magistrate  or  to 
prison,  twentj'-five  cents;  but  when  two  or  more  persons  are  served  or  sum- 
moned in  the  same  suit  and  at  the  same  time,  mileage  shall  be  charged  only  for 
the  most  distant,  if  they  live  in  the  same  direction. 

For  sales  of  estrays,  the  same  fees  as  for  sales  on  execution. 

For  the  transportation  of  prisoners  to  the  county  jail  the  actual  necessary 
expenses. 

For  attending  a  justice's  court  and  taking  charge  of  a  jury  and  prisoner 
when  required  two  dollars  for  each  day  of  actual  attendance  upon  the  court. 

For  all  other  services  the  same  fees  as  are  allowed  sheriffs  for  like  services. 

15.  Each  member  of  the  board  of  supervisors  four  hundred  dollars  per 
annum  and  twenty  cents  per  mile  for  traveling  from  his  residence  to  the  county 
seat,  also  his  actual  necessary  expenses  while  acting  as  ex  officio  road  overseer 
or  commissioner  not  to  exceed  three  hundred  dollars  in  any  one  year.  [Amend- 
ment, 1905,  544.    In  effect  January  1,  1907.] 

§  198.  In  counties  of  the  forty-first  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
•offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  actual  traveling 
expenses  incurred  in  the  pursuit  or  arrest  of  criminals,  either  in  or  out  of  his 
county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  which  shall  be  in  full 
for  all  services  as  tax  collector  and  as  license  collector. 

7.  The  assessor,  tw«  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
alloAved  by  law. 

11.  The  superintendent  of  schools,  one  thousand  two  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 


COUNTIES     FORTY-SECOND    CLASS — SALARIES     OF     OFFICERS.  317 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  In  counties  of  this  class  the  township  officers  shall  receive  the  following 
compensation,  to  wit: 

In  townships  having  a  population  of  three  thousand  or  more,  justices  of  the 
peace  and  constables  shall  each  receive  a  monthly  salary  of  sixty  dollars  per 
month. 

In  townships  having  a  population  of  fifteen  hundred  and  less  than  three 
thousand,  the  justice  of  the  peace  and  constables  shall  each  receive  a  monthly 
salary  of  forty-five  dollars  per  month. 

In  townships  having  a  population  of  eight  hundred  and  less  than  fifteen  hun- 
dred, the  justices  of  the  peace  and  constables  shall  each  receive  a  monthly 
salary  of  thirty-five  dollars  per  month. 

In  townships  having  a  population  of  five  hundred  and  less  than  eight  hun- 
dred, the  justices  of  the  peace  and  constables  shall  each  receive  a  monthly 
salary  of  fifteen  dollars  per  month. 

In  townships  having  a  population  of  less  than  five  hundred,  the  justices  of 
the  peace  and  constables  shall  each  receive  a  monthly  salary  of  five  dollars  per 
month. 

The  above-named  salaries  shall  be  in  full  compensation  for  all  services  of 
said  justices  of  the  peace  and  constables  in  criminal  cases;  provided,  that,  in 
addition  to  the  salary  herein  allowed,  each  constable  shall  be  paid  out  of  the 
treasury  of  the  county  for  traveling  expenses  outside  of  his  township,  for  ser- 
vice of  a  warrant  of  arrest  or  any  other  paper  in  a  criminal  case,  such  fees  as 
they  are  now  or  may  be  hereafter  allowed  by  law,  for  transporting  prisoners 
to  the  county  jail,  the  actual  expenses  of  such  transportation;  and,  provided 
further,  that  for  the  purpose  of  this  act,  the  population  of  the  several  town- 
ships, shall  be  ascertained  by  multiplying  the  number  of  registered  voters  at 
the  last  general  election  by  five.  But  said  justices  of  the  peace  and  constables 
may  retain  for  their  own  use,  the  fees  allowed  by  law  in  civil  cases. 

14.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars  per 
annum,  and  his  necessary  expenses  when  attending  to  the  business  of  the 
county  other  than  the  meetings  of  the  board,  and  twenty  cents  per  mile  in 
going  from  his  residence  to  the  county  seat  at  each  meeting  of  the  board ;  and 
when  serving  as  road  commissioner,  three  dollars  per  day,  and  twenty  cents 
per  mile  one  way  for  all  actual  distances  traveled  by  him  in  the  performance 
of  his  duties  as  such  commissioner. 

Subdivision  thirteen  of  this  section  shall  take  effect  immediately.  [Amend- 
ment, Stats.  1905,  441.] 

§  199.  In  counties  of  the  forty-second  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  two  thousand  four  hundred  dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the  fees  or  commissions 
for  the  service  of  all  papers  issued  by  any  court  of  the  state  outside  of  his 
county.  Also  his  actual  traveling  expenses  in  the  execution  of  a  warrant  out- 
side of  his  county  issued  by  a  magistrate  or  court  of  his  county. 

3.  The  recorder,  eighteen  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per  annum. 


318  COUNTIES    FORTY-SECOND    CLASS— SALARIES     OF     OFFICERS, 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  six  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  fifteen  hundred  dollars  per  annum,  which  shall  be  in  full 
for  all  services  required  of  him  by  the  superior  court  or  the  board  of  super- 
visors, and  as  ex  officio  county  recorder ;  provided,  that  he  shall  be  entitled  to 
receive  from  the  county  his  actual  and  necessary  traveling  expenses,  incurred 
in  the  performance  of  any  order  of  the  court  or  board  of  supervisors;  for  all 
other  services  the  fees  allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases:  In  townships  having  a  population  of  more  than  nine  hundred, 
seventy-five  dollars  per  month;  in  townships  having  a  population  of  less  than 
nine  hundred  and  more  than  five  hundred,  fifty  dollars  per  month ;  in  townships 
having  a  population  of  less  than  five  hundred,  thirty  dollars  per  month.  In 
addition  to  the  compensation  received  in  criminal  cases  each  justice  of  the 
peace  shall  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases : 
In  townships  having  a  population  of  more  than  nine  hundred,  seventy-five  dol- 
lars per  month;  in  townships  having  a  population  of  less  than  nine  hundred 
and  more  than  five  hundred,  fifty  dollars  per  month;  in  townships  having  a 
population  of  less  than  five  hundred,  thirty  dollars  per  month;  provided,  that 
each  constable  shall  receive  his  actual  and  necessary  expenses  incurred  in  con- 
veying prisoners  to  the  county  jail.  In  addition  to  the  compensation  received 
in  criminal  cases  each  constable  shall  receive  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions. 

15.  Each  supervisor,  one  hundred  dollars  per  month,  and  mileage  at  the  rate 
of  twenty  cents  per  mile  for  traveling  from  residence  to  county  seat  to  attend 
upon  a  session  of  the  board.  The  salary  herein  allowed  shall  be  in  full  for  all 
services,  including  duties  as  road  commissioner. 

16.  The  official  reporter,  such  fees  as  are  now  provided  by  law. 

17.  This  act,  and  the  amendments  contained  in  the  foregoing  section  relating 
to  counties  of  the  forty-second  class,  shall  take  effect  immediately  as  to  the 
compensation  of  justices  of  the  peace,  constables,  and  supervisors.  [Amend- 
ment approved  March  23,  1901,  Stats.  1901,  779.  In  effect  partly  immediately 
and  partly  12  m.  on  the  first  Monday  after  January  1,  1903.] 


COUNTIES    FORTY-THIRD     CLASS— SALARIES     OF     OFFICERS.  319 

§  200.  In  counties  of  the  forty-third  class,  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  one  thousand  eight  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  five  hundred  dollars  per  annum.  The  sheriff 
shall  also  receive  for  his  own  use  and  benefit  all  fees,  commissions  and  mileage, 
in  all  civil  cases  within  his  county,  and  all  fees,  commissions  and  mileage  for 
service  of  any  papers  issued  by  any  court  outside  of  his  county. 

3.  The  recorder,  twelve  hundred  dollars  per  annum. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  two  hundred  dollars  per  annum. 

6.  The  tax  collector,  seven  hundred  dollars  per  annum. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  five  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

11.  The  superintendent  of  schools,  one  thousand  six  hundred  dollars  per 
annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases:  In  townships  having  a  population  of  more  than  twent3'--five 
hundred,  seventy  dollars  per  month ;  in  townships  having  a  population  of  less 
than  twenty-five  hundred  and  more  than  one  thousand,  twenty  dollars  per 
month ;  in  townships  having  a  population  of  less  than  one  thousand  and  more 
than  six  hundred,  fifteen  dollars  per  month ;  in  townships  having  a  population 
of  less  than  six  hundred,  ten  dollars  per  month.  In  addition  to  the  compensa- 
tion received  in  criminal  cases,  each  justice  of  the  peace  shall  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for 
all  services  performed  by  him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid  each 
month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases : 
In  townships  having  a  population  of  more  than  twenty-five  hundred,  thirty-five 
dollars  per  month;  in  townships  having  a  population  of  less  than  twenty- 
five  hundred  and  more  than  one  thousand,  fifteen  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  on^  thousand,  ten  dollars  per  month; 
provided,  that  each  constable  shall  receive  his  actual  and  necessary  expenses 
incurred  in  conveying  prisoners  to  the  county  jail.  In  addition  to  the  com- 
pensation received  in  criminal  cases,  each  constable  shall  receive  and  retain  for 
his  own  use  such  fees  as  are  noAv  or  may  hereafter  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  actions. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and  twenty  cents  per 
mile  for  traveling  from  his  residence  to  the  county  seat. 

16.  Each  member  of  the  county  board  of  education,  including  the  secretary, 
shall  receive  one  hundred  and  fifty  dollars  per  annum  as  compensation  for  h'<? 


320  COUNTIES     FORTY-FOURTH    CLASS — SALARIES     OF     OFFICERS. 

services  on  the  board  of  education,  and  mileage  at  the  rate  of  twenty  cents  per 
mile,  one  way,  from  his  residence  to  the  place  of  meeting  of  said  board.  Said 
compensation  of  said  members  and  of  said  secretary  shall  be  paid  monthly  in 
the  same  manner  and  out  of  the  same  fund  as  the  salaries  of  other  county 
officers  are  paid.  Claims  for  such  mileage  shall  be  presented  to  and  allowed  by 
the  board  of  supervisors  before  payment.  The  compensation  of  the  members 
of  the  county  board  of  education  herein  provided  is  not  in  addition  to  that  pro- 
vided in  section  seventeen  hundred  and  seventy  of  the  Political  Code. 

17.  For  the  purposes  of  subdivisions  thirteen  and  fourteen  of  this  section, 
the  population  of  the  several  judicial  townships  shall  be  ascertained  by  the 
board  of  supervisors,  by  multiplying  by  five  the  vote  for  presidential  electors 
cast  in  each  township  at  the  next  preceding  election.  [Amendment,  Stats. 
1905,  363.] 

§  201.  In  counties  of  the  forty-fourth  class,  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  by  [of]  them  by  law  or  by  virtue  of 
their  offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  eighteen  hundred  dollars  per  annum. 

2.  The  sheritf,  forty-two  hundred  dollars  per  annum,  and  such  mileage  as  is 
allowed  by  law,  and  the  fees,  mileage,  or  commissions  for  the  service  of  all 
papers  whatever  issued  by  any  court  outside  of  his  county,  and  all  mileage  for 
the  service  of  papers  in  civil  cases  in  his  own  county,  and  the  actual  expenses 
incurred  in  criminal  cases,  and  fifteen  cents  for  each  meal  for  feeding  prisoners 
confined  in  the  county  jail. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum;  provided, 
that  such  recorder  shall  collect  and  pay  into  the  county  treasury,  for  the  use 
and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected ;  and  pro- 
vided, that  when  the  amount  of  said  fees  collected  shall  amount  to  more  than 
one  hundred  and  twenty-five  dollars  in  any  one  month,  the  recorder  may 
receive  and  retain  for  his  own  use,  in  addition  to  his  salary,  all  fees  in  excess 
of  one  hundred  and  twenty-five  dollars,  and  not  exceeding  one  hundred  and 
seventy-five  dollars,  in  any  month  so  collected ;  so  that  the  amount  of  fees  thus 
received  by  the  recorder  for  his  own  use,  plus  the  salary,  shall  not  exceed  the 
sum  of  one  hundred  and  seventy-five  dollars  in  any  one  month. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  per  annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum. 

8.  The  district  attorney',  eighteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  ten  hundred  dollars  per  annum. 

12.  The  surveyor,  ten  dollars  per* day  when  engaged  in  county  work.  He 
shall  also  receive  his  actual  expenses  when  at  work  in  the  field. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Con.stables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  per  annum. 


COUNTIES    FORTY-FIFTH    CLASS — SALARIES    OF    OFFICERS.  321 

and  twenty-five  cents  per  mile  wliile  traveling  from  their  respective  residence 
to  the  county  seat,  not  more  than  once  each  month. 

16.  In  counties  of  this  class  the  oiHcial  reporter  of  the  superior  court  shall 
receive  such  fees  as  are  now  and  may  hereafter  be  allowed  by  law. 

17.  In  counties  of  this  class  the  board  of  supervisors  may  appoint  a  horti- 
cultural commissioner,  who  shall  have  expert  knowledge  of  the  duties  pertain- 
ing to  the  position,  who  shall  serve  at  the  pleasure  of  the  board,  and  who  shall 
be  paid  a  salary  of  not  to  exceed  seventy-five  dollars  per  month.  [Amendment, 
Stats.  1905,  356.] 

§  202.  In  counties  of  the  forty-fifth  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  thirteen  hundred  dollars  per  annum. 

2.  The  sheriff,  twenty-four  hundred  dollars  per  annum,  and  the  fees  or  com- 
missions for  the  service  of  all  papers  issued  by  any  court  of  the  state  outside 
of  his  county,  and  his  actual  and  necessary  traveling  expenses  while  executing 
a  warrant  outside  of  his  county  issued  by  a  magistrate  or  court  within  his 
county. 

3.  The  recorder,  thirteen  hundred  dollars  per  annum. 

4.  The  auditor,  seven  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  noAV  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  eight  hundred  dollars  per  annum,  and 
actual  and  necessary  traveling  expenses  when  visiting  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  sach  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  four  dollars  a  day  when  the 
board  is  in  session,  and  ten  cents  a  mile,  in  going  only,  for  traveling  from  his 
residence  to  the  county  seat,  and  when  serving  as  road  commissioner  three 
dollars  per  day,  and  actual  and  necessary  expenses;  provided,  he  shall  not  in 
any  one  year  receive  more  than  three  hundred  dollars  as  supervisor,  exclusive 
of  mileage,  nor  more  than  two  hundred  dollars  as  road  commissioner,  exclu- 
sive of  traveling  expenses. 

16.  Each  member  of  the  board  of  education  shall  receive  five  dollars  per  day 
as  compensation  for  his  services  when  in  actual  attendance  upon  said  board, 
and  mileage  at  the  rate  of  ten  cents  per  mile,  one  way  only,  from  his  residence 
to  the  place  of  meeting  of  said  board.  The  secretary  of  said  board  of  education 
shall  receive  five  dollars  per  day  for  his  services  for  the  actual  time  that  the 
board  may  be  in  session.  Said  compensation  of  the  members  of  said  board  and 
of  said  secretary  shall  be  paid  out  of  the  same  fund  as  the  salary  of  the  super- 
intendent of  schools.    Claims  of  such  service  and  mileage  shall  be  presented  to 

Gen.   Laws — 21 


322  COUNTIES    FORTY-SIXTH    CLASS— SALARIES     OF    OFFICERS. 

the  board  of  supervisors  and  shall  be  allowed  at  the  rate  above  named,  and  in 
the  same  manner  as  other  claims  against  the  county  are  allowed.  The  com- 
pensation of  the  members  of  the  county  board  of  education  herein  provided  is 
not  in  addition  to  that  provided  in  section  seventeen  hundred  and  seventy  of 
the  Political  Code.     [Amendment,  Stats.  1901,  782.] 

§  203.  In  counties  of  the  forty-sixth  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum,  and  actual  traveling 
expenses  incurred  in  the  pursuit  or  arrest  of  criminals,  either  in  or  out  of  his 
county. 

3.  The  rec'order,  one  thousand  dollars  per  annum. 

4.  The  auditor,  five  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  which  shall  be  in  full 
for  all  services  as  tax  collector  and  as  license  collector. 

7.  The  assessor,  eighteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  twelve  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 

13.  Justices  of  the  peace,  the  fees  which  now  are  or  hereafter  may  be  allowed 
by  law ;  provided,  that  where  the  trial  of  any  case  shall  occupy  more  than  one 
day,  and  not  less  than  three  hours  of  such  day,  the  justice  shall  also  be  allowed 
three  dollars  for  each  additional  day  consumed  in  such  trial. 

14.  Constables,  the  fees  which  now  are  or  hereafter  may  be  allowed  by  law ; 
provided,  that  the  constable  shall  also  be  allowed  at  the  rate  of  two  dollars  and 
fifty  cents  per  day  for  each  day  of  actual  attendance  on  the  trial  of  cases  in  the 
justice's  court,  where  such  attendance  is  pursuant  to  the  order  of  the  justice 
thereof. 

15.  Each  member  of  the  board  of  supervisors,  five  dollars  per  day  when  the 
board  is  in  session,  and  twenty  cents  per  mile  for  traveling  from  his  residence 
to  the  county  seat;  and  when  serving  as  road  commissioner  three  dollars  per 
day  and  mileage  at  the  rate  of  twenty  cents  per  mile  one  way  for  all  actual 
distances  traveled  by  him  in  the  performance  of  his  duties  as  such  road  com- 
missioner. But  he  shall  not  in  any  one  year  receive  more  than  three  hundred 
and  fifty  dollars  as  supervisor  or  more  than  two  hundred  and  fifty  dollars  as 
road  commissioner,  exclusive  of  mileage.  When  traveling  by  order  of  the 
board  upon  county  business,  each  supervisor  shall  be  allowed  his  actual  item- 
ized expenses.     [Amendment,  Stats.  1905,  552.] 

§  204.  In  counties  of  the  forty-seventh  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  twenty-seven  hundred  dollars  per  annum. 


COUNTIES    FORTY-SEVENTH    CLASS— SALARIES    OF    OFFICERS.  323 

2.  The  sheriff,  three  thousand  dollars  per  aDnum,  and  the  fees  or  commis- 
sions for  the  service  of  all  papers  issued  by  any  court  of  the  state  outside  of  his 
county;  also,  his  actual  and  necessary  traveling  expenses  in  the  execution  of  a 
warrant  outside  of  his  county  issued  by  a  court  or  magistrate  of  his  county. 

3.  The  recorder,  fifteen  hundred  dollars  per  annum. 

4.  The  auditor,  twelve  hundred  dollars  per  annum. 

5.  The  treasurer,  twelve  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum. 

8.  The  district  attorney,  sixteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hundred  dollars  per  annum,  and 
traveling  expenses  while  visiting  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases :  In  townships  having  a  population  of  more  than  nine  hundred, 
seventy-five  dollars  per  month;  in  townships  having  a  population  of  less  than 
nine  hundred  and  more  than  five  hundred,  fifty  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  five  hundred,  twenty  dollars  per  month. 
In  addition  to  the  compensation  received  in  criminal  cases,  each  justice  of  the 
peace  shall  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases : 
In  townships  having  a  population  of  more  than  nine  hundred,  seventy-five  dol- 
lars per  month;  in  townships  having  a  population  of  less  than  nine  hundred 
and  more  than  five  hundred,  fifty  dollars  per  month;  in  townships  having  a 
population  of  less  than  five  hundred,  twenty  dollars  per  month;  provided,  that 
each  constable  shall  receive  his  actual  and  necessary  expenses  incurred  in  con- 
veying prisoners  to  the  county  jail.  In  addition  to  the  compensation  received 
in  criminal  cases,  each  constable  shall  receive  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions. 

15.  Each  supervisor,  five  dollars  per  day  while  attending  sessions  of  the 
board  and  while  engaged  in  the  performance  of  the  duties  of  road  commis- 
sioner, and  mileage  at  the  rate  of  twenty  cents  per  mile  for  traveling  from 
residence  to  county  seat  in  attendance  upon  a  regular  session  of  the  board. 

16.  Official  reporters,  same  as  now  provided  by  law. 

This  act,  so  far  as  it  relates  to  counties  of  the  forty-seventh  class,  shall  take 
effect  immediately  as  to  the  offices  of  justices  of  the  peace  and  constables,  but 
shall  not  affect  the  compensation  of  other  officers  during  the  present  term  of 
office.     [Amendment,  Stats.  1901,  784.] 


324  COUNTIES    FORTY-EIGHTH    CLASS — SALARIES    OF    OFFICERS. 

§  205.  The  county  officers  [of  counties  of  forty-eighth  class]  shall  receive  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  twenty-five  hundred  dollars  per  annum. 

3.  The  recorder,  one  thousand  dollars  per  annum ;  provided,  that  in  counties 
of  this  class  there  shall  be  and  is  hereby  allowed  to  the  recorder  a  copyist,  who 
shall  be  appointed  by  the  recorder,  and  paid  the  salary  of  fifty  dollars  per 
month;  said  salary  to  be  paid  by  said  county  in  monthly  instalments,  at  the 
time  and  in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the 
recorder  is  paid.  This  section  shall  take  effect  immediately  in  so  far  as  it 
relates  to  the  salary  of  said  copyist. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  ten  per  centum 
on  all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  one  thousand  five  hundred  dollars  per  annum ;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  assessor  one 
deputy,  to  be  appointed  by  him,  who  shall  receive  the  salary  of  seventy-five 
dollars  per  month  for  not  exceeding  four  months  in  any  calendar  year,  said 
salary  to  be  paid  by  said  county  in  monthly  instalments,  at  the  same  time  and 
in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the  assessor  is 
paid.  This  section  shall  take  effect  immediately  in  so  far  as  it  relates  to  the 
salary  of  said  deputy. 

8.  The  district  attorney,  one  thousand  two  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  this  county. 

12.  The  surveyor,  such  fees  as  are  now  or  maj^  hereafter  be  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is  in  a  session,  nol 
to  exceed  three  hundred  dollars  per  year,  exclusive  of  mileage,  and  twenty-five 
cents  per  mile  for  traveling  one  way  only  from  his  residence  to  the  county  seat 
at  each  sitting  of  the  board;  and  his  necessary  expenses  while  supervising  the 
roads  of  his  district,  or  attending  to  the  business  of  the  county,  other  than  the 
meetings  of  the  board,  not  to  exceed  the  sum  of  four  hundred  and  sixty  dollars 
per  annum.  This  section  shall  take  effect  immediately  in  so  far  as  it  relates  to 
the  necessary  expenses  of  supervisors  while  supervising  their  roads,  or  while 
engaged  in  attending  to  the  business  of  the  county  other  than  the  meetings  of 
the  board. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior  court  sliall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  for  preliminary  examinations  in  justices'  courts,  and  at 
coroner's  inquests,  a  per  diem  of  ten  dollnrs.  and  for  transcription  of  said  notes 


COUNTIES    FORTY-KIIVTH    CLASS— SALARIES    OF    OFFICERS.  325 

when  required  during  the  progress  of  a  trial,  he  shall  receive  the  sum  of 
twenty-five  cents  per  folio  for  the  original  and  five  cents  per  folio  for  one  copy ; 
but  if  such  transcription  is  not  required  until  after  the  conclusion  of  trial,  then 
he  shall  receive  the  sum  of  ten  cents  per  folio  for  original,  and  five  cents  per 
folio  for  copies  required ;  said  compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims  against 
the  county,  and  paid  out  of  the  county  treasury ;  and  in  civil  cases,  to  be  paid 
by  the  party  ordering  the  same,  or  when  ordered  by  the  judge,  by  either  party, 
or  jointly  by  both  parties,  as  the  court  may  direct.  He  shall  also  be  allowed  his 
actual  traveling  expenses  when  reporting  outside  the  county  seat.  [Amend- 
ment, Stats.  1905,  333.] 

§  206.  In  counties  of  the  forty-ninth  class,  the  county  officers  shall  receive 
as  compensation  for  their  services  required  of  them  by  law,  or  by  virtue  of 
their  offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  twelve  hundred  dollars  per  annum,  except  in  the  years 
where  a  general  election  is  held,  and  in  such  years  he  shall  receive  fifteen  hun- 
dred dollars  per  annum. 

2.  The  sheriff,  thirty-eight  hundred  dollars  per  annum. 

3.  The  recorder,  twelve  hundred  dollars  per  annum,  provided  that  such 
recorder  shall  collect  and  pay  into  the  county  treasury  for  the  use  and  benefit 
of  the  county,  the  fees  required  by  law  to  be  so  collected;  and,  provided,  that 
when  the  amount  of  said  fees  collected  shall  exceed  one  hundred  dollars  in  any 
month,  the  recorder  may  receive  and  retain  for  his  own  use,  in  addition  to  his 
salary,  one  half  of  all  fees  in  excess  of  one  hundred  dollars  in  any  month,  so 
collected ;  and,  provided,  that  the  recorder  may  retain  for  his  own  use,  all  fees 
collected  for  filing  or  recording  proofs  of  labor  or  notices  of  location  of  mining 
claims. 

4.  The  auditor  six  hundred  dollars  per  annum. 

5.  The  treasurer  twelve  hundred  dollars  per  annum. 

6.  The  tax  collector  one  thousand  dollars  per  annum  and  ten  per  centum  on 
all  licenses  collected  by  him. 

7.  The  assessor  one  thousand  six  hundred  and  fifty  dollars  per  annum. 

8.  The  district  attorney  one  thousand  four  hundred  dollars  per  annum. 

9.  The  coroner  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  dollars  per  annum  and  actual 
traveling  expenses  while  visiting  the  schools  of  the  county. 

12.  The  surveyor  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors  five  dollars  per  day  for  each 
day's  actual  service  while  the  board  is  in  session  and  ten  cents  per  mile  for 
each  mile  necessarily  traveled  to  and  from  the  place  of  meeting;  also  three 
dollars  per  day  for  each  day's  service  while  serving  as  road  commissioner. 
Such  compensation,  as  road  commissioner,  not  to  exceed  three  hundred  dollars 
per  annum. 


326  COUNTIES    FIFTIETH    CLASS— SALARIES     OF    OFFICERS. 

16.  Grand  jurors  and  jurors  in  the  superior  court  in  criminal  eases  shall  be 
paid  three  dollars  per  day  for  each  day's  attendance  and  for  each  mile  actually 
traveled  in  going  only,  while  acting  as  such  juror,  fifteen  cents ;  and  the  judge 
of  said  court  shall  make  an  order  directing  the  auditor  to  draw  his  warrant  on 
the  treasurer  in  favor  of  such  juror  for  said  per  diem  and  mileage,  and  the 
treasurer  shall  pay  the  same. 

The  provisions  of  section  two  hundred  and  six  of  this  act,  so  far  as  the  same 
relates  to  fees  of  jurors,  shall  take  effect  on  August  one,  nineteen  hundred  and 
one.     [Amendment,  Stats.  1905,  373.] 

§  207.  In  counties  of  the  fiftieth  class,  the  county  officers  shall  receive  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  two  thousand  dollars  per  annum,  except  in  the  years 
when  a  general  election  is  held,  and  in  such  years,  he  shall  receive  two  thou- 
sand three  hundred  dollars  per  annum. 

2.  The  sheriff  four  thousand  dollars  per  annum. 

3.  The  recorder  one  thousand  eight  hundred  dollars  per  annum. 

4.  The  auditor  four  hundred  dollars  per  annum. 

5.  The  treasurer  one  thousand  six  hundred  dollars  per  annum. 

6.  The  tax  collector  seven  hundred  fifty  dollars  per  annum. 

7.  The  assessor  one  thousand  eight  hundred  dollars  per  annum. 

8.  The  district  attorney  one  thousand  five  hundred  dollars  per  annum. 

9.  The  coroner  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools  eight  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  the  county. 

12.  The  surveyor  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

13.  Justices  of  the  peace  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

14.  Constables  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

15.  Each  supervisor  eight  dollars  per  day  while  the  board  is  in  session,  and 
mileage  from  residence  to  the  county  seat  at  each  sitting  of  the  board  of  twent}^ 
cents  per  mile ;  also  twenty  cents  per  mile  for  each  mile  actually  and  necessarily 
traveled  in  discharging  the  duties  of  road  commissioner,  but  he  shall  not  in  any 
one  year  receive  more  than  three  hundred  dollars  for  per  diem  as  supervisor, 
and  he  shall  not  in  any  one  year  receive  more  than  three  hundred  dollars  as 
road  commissioner. 

16.  The  license  collector  ten  per  centum  of  all  licenses  collected  by  him. 

This  act  so  far  as  it  relates  to  counties  of  this  class  shall  not  affect  the  com- 
pensation of  officers  during  the  present  [term]  of  office,  except  as  herein  other- 
wise specially  provided.     [Amendment,  Stats.  1905,  325,] 

§  208.  In  counties  of  the  fifty-first  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum. 

3.  The  recorder,  one  thousand  dollars  per  annum;  provided,  that  in  counties 


COUNTIES    FIFTY-FIRST    CLASS — SALARIES    OF    OFFICERS.  327 

of  this  class  there  shall  be  and  is  hereby  allowed  to  the  recorder  a  copyist,  who 
shall  be  appointed  by  the  recorder,  and  paid  the  salary  of  fifty  dollars  per 
month;  said  salary  to  be  paid  by  said  county  in  monthly  instalments,  at  the 
time  and  in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the 
recorder  is  paid.  This  section  shall  take  effect  immediately  in  so  far  as  it 
relates  to  the  salary  of  said  copyist. 

4.  The  auditor,  five  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  and  ten  per  centum  on 
all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  one  thousand  five  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  assessor 
one  deputy,  to  be  appointed  by  him,  who  shall  receive  the  salary  of  seventy-five 
dollars  per  month  for  not  exceeding  four  months  in  any  calendar  year,  said 
salary  to  be  paid  by  said  county  in  monthly  instalments,  at  the  same  time  and 
in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the  assessor  is 
paid.  This  section  shall  take  effect  immediately  in  so  far  as  it  relates  to  the 
salary  of  said  deputy. 

8.  The  district  attorney,  one  thousand  two  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law, 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  ($1500)  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  this  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is  in  a  session,  not 
to  exceed  three  hundred  dollars  per  year,  exclusive  of  mileage,  and  twenty- 
five  cents  per  mile  for  traveling  one  way  only  from  his  residence  to  the  county 
seat  at  each  sitting  of  the  board ;  and  his  necessary  expenses  while  supervising 
the  roads  of  his  district,  or  attending  to  the  business  of  the  county,  other  than 
the  meetings  of  the  board,  not  to  exceed  the  sum  of  four  hundred  and  sixty 
dollars  per  annum.  This  section  shall  take  effect  immediately  in  so  far  as  it 
relates  to  the  necessary  expenses  of  supervisors  while  supervising  their  roads, 
or  while  engaged  in  attending  to  the  business  of  the  county  other  than  the 
meetings  of  the  board. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  for  preliminary  examinations  in  justices'  courts,  and  at  cor- 
oner's inquests,  a  per  diem  of  ten  dollars,  and  for  transcription  of  said  notes 
when  required  during  the  progress  of  a  trial,  he  shall  receive  the  sum  of  twenty- 
five  cents  per  folio  for  the  original  and  five  cents  per  folio  for  one  copy ;  but  if 
such  transcription  is  not  required  until  after  conclusion  of  trial,  then  he  shall 
receive  the  sum  of  ten  cents  per  folio  for  original,  and  five  cents  per  folio  for 
copies  required;  said  compensation  for  transcription  in  criminal  cases  to  be 
audited  and  allowed  by  the  board  of  supervisors  as  other  claims  against  the 


328  COUNTIES    FIFTY-SECOND    CLASS— SALARIES    OF    OFFICERS. 

county,  and  paid  out  of  the  county  treasury ;  and  in  civil  cases  to  be  paid  by 
the  party  ordering  the  same,  or  when  ordered  by  the  judge,  or  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct.  He  shall  also  be  allowed  his 
actual  traveling  expenses  when  reporting  outside  the  county  seat.  [Amend- 
ment, Stats.  1905,  320.] 

§  209.  In  counties  of  the  fifty-second  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum. 

3.  The  recorder,  eight  hundred  dollars  per  annum. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  dollars  per  annum, 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law, 

11.  The  superintendent  of  schools,  seven  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  two  hundred  and  fifty  dollars 
per  annum ;  mileage  from  residence  to  county  seat  at  each  sitting  of  the  board, 
twenty  cents  per  mile.  [Amendment,  Stats.  1901,  790.  In  effect  January  1, 
1903.] 

§  210,  In  counties  of  the  fifty-third  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  sixteen  hundred  dollars  per  annum. 

2.  The  sheriff  five  thousand  [dollars]  per  annum  and  mileage  for  service  of 
any  and  all  processes  required  by  law  to  be  served  by  him,  at  the  rate  of  ten  cents 
per  mile  for  every  mile  necessarily  traveled  in  the  performance  of  such  duty,  and 
for  service  of  all  processes  issued  from  all  courts  outside  of  his  county. 

3.  The  recorder,  eight  hundred  dollars  per  annum. 

4.  The  auditor,  two  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum, 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 


COUNTIES    FIFTY-THIRD    CLASS— SALARIES    OF    OFFICERS.  329 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month  as  salaries  of  county  officers  are  paid,  which  shall  be  in  full 
compensation  for  all  services  rendered,  as  hereinafter  provided.  In  townships 
having  a  population  of  three  thousand  or  more,  eighty-five  dollars  per  month, 
which  said  salary  shall  be  in  full  compensation  for  all  services  rendered  by 
said  justices  of  the  peace  in  both  civil  and  criminal  cases,  and  all  such  fees  as 
are  allowed  by  law  in  civil  cases  shall  be  paid  by  said  justices  of  the  peace  into 
the  county  treasury,  as  the  fees  of  county  officers  are  paid  in.  In  townships 
having  a  population  of  not  less  than  two  thousand  and  under,  three  thousand, 
thirty  dollars  per  month,  which  shall  be  in  full  compensation  for  all  services 
rendered  in  criminal  cases.  In  adition  to  the  above  salary,  each  justice  of  the 
peace  shall  collect  and  retain  for  his  own  use  and  benefit  in  civil  cases,  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law.  In  townships  having  a 
population  of  not  less  than  one  thousand  and  under,  two  thousand,  twenty 
dollars  per  month,  which  shall  be  in  full  compensation  for  all  services  rendered 
in  criminal  cases.  In  addition  to  the  above  salary,  each  justice  of  the  peace 
shall  collect  and  retain  for  his  own  use  and  benefit  in  civil  cases,  such  fees  as 
are  now  or  may  be  hereafter  allowed  by  law.  In  townships  having  a  popula- 
tion of  less  than  one  thousand,  fifteen  dollars  per  month,  which  shall  be  in 
full  compensation  for  all  services  rendered  in  criminal  cases.  In  addition  to 
the  above  salary  each  justice  of  the  peace  shall  collect  and  retain  for  his  own 
use  and  benefit  in  civil  cases,  such  fees  as  are  [now]  or  may  be  hereafter  al- 
lowed by  law.  The  board  of  supervisors  shall  determine  the  population  of  each 
township  for  the  purpose  of  fixing  the  salary  of  the  township  officers,  aforesaid. 

14.  Constable,  such  fees  as  are  now  or  m.ay  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  six  dollars  per  day  when 
board  is  in  session ;  thirty  cents  per  mile,  one  way.  Three  dollars  per  day 
when  actually  serving  as  road  commissioner,  not  to  exceed  three  hundred 
dollars. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  for  preliminary  examinations  in  justices'  courts,  a  salary  of 
ten  dollars  per  diem  during  employment,  payable  out  of  the  county  treasury, 
at  the  same  time  and  in  the  same  manner  as  the  salaries  of  county  officers,  and 
for  transcription  of  said  notes,  when  required,  he  shall  receive  the  sum  of  ten 
cents  per  folio  for  the  original  and  five  cents  per  folio  for  a  copy;  said  com- 
pensation by  transcription  in  criminal  cases  to  be  audited  and  allowed  for  the 
board  of  supervisors  as  other  claims  against  the  county,  and  paid  out  of  the 
county  treasury,  and  in  civil  cases  to  be  paid  by  the  party  ordering  the  same,  or, 
when  ordered  by  the  judge,  by  either  party,  or  jointly  by  both  parties,  as  the 
court  may  direct.     [Amendment,  Stats.  1905,  439.] 

§  211.  In  counties  of  the  fifty-fourth  class,  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  one  thousand  three  hundred  dollars  per  annum;  pro- 
vided, that  in  years  when  a  great  register  is  ordered  the  county  clerk  shall 
receive  in  addition  to  his  regular  salary  the  sum  of  four  hundred  dollars  for 
such  services. 


330  COUNTIES    FIFTY-FOURTH    CLASS — SALARIES    OF    OFFICERS. 

2.  The  sheriff,  two  thousand  five  hundred  dollars  per  annum,  and  twenty- 
five  cents  mileage,  in  going  only. 

3.  The  recorder,  four  hundred  dollars  per  annum;  provided,  that  the 
recorder  may  retain  to  his  own  use  all  fees  paid  him  for  recording  notices  of 
location  of  mining  claims  and  affidavits  of  annual  expenditures  upon  mining 
claims,  made  under  the  laws  of  congress;  and  further  provided,  that  all  acts 
of  the  recorder  of  counties  of  this  class  in  retaining  to  his  own  use  any  fees 
for  recording  notices  of  location  of  mining  claims  and  affidavits  of  annual 
expenditures  upon  mining  claims,  made  under  the  laws  of  Congress,  whether 
done  as  mining  recorder  or  as  recorder,  are  hereby  validated  and  declared 
legal,  and  that  such  recorder  may  continue  to  retain  to  his  own  use  such  fees, 
and  this  act  in  so  far  as  it  relates  to  the  matter  enumerated  in  the  last  pre- 
ceding division  thereof  shall  take  effect  immediately  upon  its  passage. 

4.  The  auditor,  three  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  hundred  and  fifty  dollars  per  annum. 

7.  The  assessor,  one  thousand  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  dollars  per  annum,  and  his  neces- 
sary traveling  expenses,  to  be  allowed  by  the  board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  and  twenty-five  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  supervisor,  three  hundred  and  fifty  dollars  per  annum,  and  twenty 
cents  per  mile  for  traveling  to  and  from  his  residence  to  the  county  seat  at 
each  session. 

When  traveling  by  order  of  the  board  upon  county  business,  each  super- 
visor shall  be  allowed  his  actual  itemized  expenses.  For  all  services  as  road 
commissioner,  each  supervisor  shall  receive  three  dollars  per  day,  but  he  shall 
not  in  any  one  year  receive  more  than  five  hundred  dollars  as  supervisor. 

16.  The  license  collector,  such  compensation  as  the  board  of  supervisors  shall 
fix.     [Amendment,  Stats.  1905,  523.] 

§  212.  In  counties  of  the  fifty-fifth  class,  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  nine  hundred  dollars  per  annum. 

2.  The  sheriff,  twelve  hundred  dollars  per  annum. 

3.  The  recorder,  six  hundred  dollars  per  annum. 

4.  The  auditor,  three  hundred  dollars  per  annum. 

5.  The  treasurer,  nine  hundred  dollars  per  annum. 

6.  The  tax  collector,  nine  hundred  dollars  per  annum. 

7.  The  a.ssessor,  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 


COUNTIES   FIFTY-FIFTH  AND  FIFTY-SIXTH  CLASSES — SALARIES.  331 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  three  hundred  dollars  per 
annum  and  twenty  cents  per  mile  in  traveling  from  his  residence  to  the  county 
seat,  going  only;  provided,  that  only  one  mileage  shall  be  allowed  for  any 
regular  session  of  the  board. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 
receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  for  preliminary  examinations  in  justices'  courts  and  at  cor- 
oner's inquests,  a  monthly  salary  not  to  exceed  fifty  dollars,  payable  out  of  the 
county  treasury,  at  the  same  time  and  in  the  same  manner  as  the  salaries  of 
county  officers;  and  for  transcription  of  said  notes,  when  required,  he  shall 
receive  the  sum  of  ten  cents  per  folio  for  the  original  and  five  cents  per  folio 
for  a  copy ;  said  compensation  for  transcription  in  criminal  cases  to  be  audited 
and  allowed  by  the  board  of  supervisors  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury,  and  in  civil  cases,  to  be  paid  by  the  party 
ordering  the  same,  or,  when  ordered  by  the  judge,  by  either  party,  or  jointly 
by  both  parties,  as  the  court  may  direct. 

§  213.  In  counties  of  the  fifty-sixth  class  the  county  officers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  twelve  hundred  dollars  per  annum. 

2.  The  sheriff,  twenty-six  hundred  dollars  per  annum. 

3.  The  recorder,  six  hundred  dollars  per  annum. 

4.  The  auditor,  two  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum. 

7.  The  assessor,  twelve  hundred  dollars  per  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars  per  annum, 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  six  dollars  per  day  during 
session,  and  thirty  cents  per  mile  one  way  to  board  meeting ;  three  dollars  per 
day  (no  mileage)  as  road  commissioner  when  actually  engaged  in  road  busi- 
ness. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court  shall 


332  COUNTIES   FIFTY-SEVENTH   CLASS — SALARIES    OP   OFFICERS. 

receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal  cases  tried 
in  said  court,  and  for  preliminary  examinations  in  justices'  courts,  a  per  diem 
of  eight  dollars ;  and  for  transcription  of  said  notes,  when  required  during  the 
progress  of  the  trial,  he  shall  receive  the  sum  of  twenty  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  one  copy ;  but  if  such  transcription  is  not 
required  until  after  conclusion  of  trial,  then  he  shall  receive  the  sum  of  ten 
cents  per  folio  for  original,  and  three  cents  per  folio  for  copies  required ;  said 
compensation  for  transcription  in  criminal  cases  to  be  audited  and  allowed  by 
the  board  of  supervisors  as  other  claims  against  the  county,  and  paid  out  of 
the  county  treasury,  and  in  civil  cases,  to  be  paid  by  the  party  ordering  the 
same,  or  when  ordered  by  the  judge,  by  either  party,  or  jointly  by  both  parties, 
as  the  court  may  direct. 

§  214.  In  counties  of  the  fifty -seventh  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit : 

1.  The  county  clerk,  five  hundred  dollars  per  annum. 

2.  The  sheriff,  five  hundred  dollars  per  annum.  \ 

3.  The  recorder,  three  hundred  dollars  per  annum. 

4.  The  auditor,  two  hundred  dollars  per  annum. 

5.  The  treasurer,  three  hundred  dollars  per  annum. 

6.  The  tax  collector,  three  hundred  dollars  per  annum. 

7.  The  assessor,  three  hundred  dollars  per  annum. 

8.  The  district  attorney,  three  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  supervisor,  five  dollars  per  day  when  the  board  is  in  session,  and 
twenty  cents  per  mile  for  traveling  from  his  residence  to  the  county  seat, 
going  only,  and  only  one  mileage  shall  be  allowed  for  any  regular  session  of 
the  board;  and,  when  serving  as  road  commissioner,  three  dollars  per  day. 
Such  per  diem  not  to  exceed  the  total  sum  of  fifty  dollars  per  annum. 

Provided,  however,  that  five  per  centum  only  shall  be  allowed  the  sheriff  or 
tax  collector  as  fees  for  collecting  licenses  in  counties  of  this  class. 

§  2141/2-  Public  welfare  and  present  necessity,  in  the  counties  of  the  classes 
below  named,  requiring  that  in  counties  of  the  first,  second,  third,  and  fourth 
classes  in  this  state  there  should  be  an  official  matron  of  the  several  county 
jails  therein,  to  have  the  powers  and  to  discharge  the  duties  herein  specified, 
the  office  of  matron  of  the  county  jail,  in  and  for  each  of  the  counties  of  the 
classes  above  named,  is  hereby  created,  and  the  duties  and  powers  of  the  matron 
of  such  several  county  jails  shall  be  as  follows:  She  shall  have  free  access  at 
all  reasonable  times  to  the  immediate  presence  of  all  female  prisoners  in  the 
county  jail  of  which  she  is  the  matron,  including  the  right  of  personal  visita- 
tion and  conversation  with  them ;  and,  in  all  cases  of  searching  the  person  of 


COUNTY     GOVERNMENT — VARIOUS     OFFICERS.  333 

female  prisoners  in  such  jail,  the  matron  exclusively  shall  make  such  search; 
and  the  matron  shall  by  example,  advice,  and  admonition  employ  her  best 
abilities  to  secure  and  promote  the  health,  welfare,  and  reformation  of  all  such 
prisoners. 

The  term  of  office  of  such  matron  shall  be  two  years  from  her  appointment 
and  qualification  and  until  her  successor  is  appointed  and  qualified.  The 
sheriff  of  each  county  (of  the  classes  above  named)  is  hereby  authorized  and 
empowered  to  appoint,  and  to  provide  for  the  payment  of  the  compensation 
of,  a  matron  of  the  county  jail  of  the  county  of  which  they  are  such  board,  and 
to  specify  the  conditions,  and  fix  the  amount  of  the  matron's  official  bond,  to 
be  approved  by  such  board.  The  monthly  compensation  of  such  matron  in 
the  several  counties  of  the  classes  above  mentioned  (regulated  hereby  in  pro- 
portion to  the  duties  to  be  discharged)  shall  be  as  follows,  payable  monthly: 
In  counties  of  the  first  class,  seventy-five  dollars;  in  counties  of  the  second 
class,  fifty  dollars ;  in  counties  of  the  third  class,  forty  dollars ;  in  counties  of 
the  fourth  class,  thirty-five  dollars,  and  in  counties  of  the  fifth  class,  thirty 
dollars.  To  further  the  carrying  into  effect  of  the  authority  above  conferred 
and  in  furtherance  of  the  discharge  of  the  duties  of  the  matrons  of  such  county 
jails,  it  is  hereby  enacted  that  no  officer,  deputy,  jailer,  keeper,  guard  or  per- 
son having  charge  or  control  of  any  such  county  jail  shall  refuse  the  duly 
appointed  and  qualified  matron  thereof  free  access  at  all  reasonable  times  to 
the  immediate  presence  of  all  female  prisoners  therein,  including  the  right  of 
visitation  and  conversation  with  them,  or  in  such  jail  allow  the  searching  of 
the  person,  in  the  case  of  a  female  prisoner,  to  be  made  except  by  the  matron 
of  such  jail,  or  obstruct  the  performance  by  the  matron  of  her  official  duties 
in  such  jail  as  those  duties  may  be  specified  under  the  provisions  of  this  act 
or  of  law.  [New  section,  Stats.  1901,  681.] 

§  215.  The  salaries  and  fees  provided  in  this  act  shall  be  in  full  compensa- 
tion for  all  services  of  every  kind  and  description  rendered  by  the  officers  herein 
named  either  as  officers  or  ex  officio  officers,  their  deputies  and  assistants,  unless 
in  this  act  otherwise  provided,  and  all  deputies  employed  shall  be  paid  by  their 
principals  out  of  the  salaries  hereinbefore  provided,  unless  in  this  act  otherwise 
provided;  provided,  and  except  that  where  an  assistant  district  attorney  has 
been  heretofore  appointed  in  any  county,  either  under  the  provisions  of  subdi- 
vision thirty-six  of  section  twenty-five,  or  under  any  other  provisions  of  an  act 
entitled  "An  act  to  establish  a  uniform  system  of  county  and  township  govern- 
ment," approved  March  twenty- fourth,  eighteen  hundred  and  ninety-three,  and 
such  assistant  is  continued  by  the  provisions  of  this  act,  either  as  an  assistant  or 
deputy  in  such  county,  then  such  deputy  or  assi.stant  shall  be  paid  out  of  the 
funds  of  such  county,  as  heretofore  or  herein  provided ;  the  assessor  shall  be 
entitled  to  receive  and  retain  for  his  own  use  six  per  centum  on  personal  prop- 
erty tax  collected  by  him,  as  authorized  by  section  thirty-eight  hundred  and 
twenty  of  the  Political  Code,  and  fifteen  per  centum  of  all  amounts  collected  by 
him  for  poll-taxes,  and  road  poll-taxes,  and  also  five  dollars  per  hundred  names 
of  persons  returned  by  him  as  subject  to  military  duty,  as  provided  in  section 
nineteen  hundred  and  one  of  the  Political  Code,  and  the  license  collector  shall 
be  entitled  to  receive  and  retain  for  his  own  use  ten  per  centum  on  all  licenses 
collected  by  him,  except  where  otherwise  provided  in  this  act;  provided,  how-- 


334  COUNTY    GOVERNMENT — PAYMENT    OF    SALARIES. 

ever,  that  in  counties  and  cities  and  counties  of  the  first,  second  and  third  class, 
the  assessor  shall  receive  no  commission  for  the  collection  of  taxes  on  personal 
property,   nor  shall  such  assessor   receive   any   compensation  for  making   out 
military  roll  of  persons  returned  by  him  as  subject  to  military  duty  as  provided 
by  section  nineteen  hundred  and  one  of  the  Political  Code ;  nor  shall  the  license 
collector  in  cities  and  counties  of  the  first  class  and  counties  of  the  second  class 
receive  any  commission  on  licenses  collected  by  him  except  the  commissions  on 
state  liquor  licenses;  provided,  that  the  treasurer  shall  receive  and  retain  for 
his  own  use  the  commissions  on  all  inheritance  and  transfer  taxes  collected  by 
him,  and  provided  further,  that  whenever  the  treasurer  of  any  county  shall 
employ  a  special  attorney  for  the  collection  of  such  taxes  said  attorney  shall  be 
paid  out  of  the  commissions  and  fees  allowed  by  law  for  the  collection  of  such 
taxes;  provided  that  in  any  county  where  the  number  of  judges  of  the  superior 
court  shall  have  been  increased  since  the  first  day  of  January,  eighteen  hundred 
and  ninety-seven,  or  shall  hereafter  be  increased,  there  must  be  and  there  hereby 
is  allowed  to  the  sheriff  of  such  county,  by  reason  of  such  increase,  one  addi- 
tional deputy,  to  be  appointed  by  the  sheriff,  at  a  salary  not  exceeding  twelve 
hundred  dollars  per  annum,  to  be  paid  at  the  same  time  and  in  the  same  manner 
as  other  county  officers  are  paid;  and  also  there  must  be  and  is  hereby  allowed 
to  the  county  clerk  of  such  county,  one  additional  deputy  to  act  as  court-room 
clerk,  for  each  judge  so  appointed  or  elected,  at  a  salary  not  exceeding  twelve 
hundred  dollars  per  annum  for  each  of  said  deputies,  to  be  paid  at  the  same  time 
and  in  the  same  manner  as  other  county  officers  are  paid.    The  board  of  super- 
visors shall  allow  to  the  sheriff  his  necessary  expenses  for  pursuing  criminals, 
or  transacting  any  criminal  business,  and  for  boarding  prisoners  in  the  county 
jail ;  provided  that  the  board  of  supervisors  shall  fix  a  reasonable  price  at  which 
such  prisoners  shall  be  boarded,  if  not  otherwise  provided  for  in  this  act ;  pro- 
vided, further,  that  the  sheriff  shall  be  entitled  to  receive  and  retain  for  his  own 
use,  five  dollars  per  diem  for  conveying  prisoners  to  and  from  the  state  prisons, 
and  for  conveying  persons  to  and  from  the  insane  asylums,  or  other  state  insti- 
tutions not  otherwise  provided  for  by  law ;  also,  all  expenses  necessarily  incurred 
in  conveying  insane  persons  to  and  from  the  insane  asylums,  and  in  conveying 
persons  to  and  from  the  state  prisons,  or  other  state  institutions,  which  per  diem 
and  expenses  shall  be  allowed  by  the  board  of  examiners,  collected  from  the  state. 
The  court  shall  also  allow  the  sheriff  his  necessary  expenses  in  keeping  and  pre- 
serving property  seized  on  attachment  or  executions,  to  be  paid  out  of  the  fees 
collected  in  the  action.     The  sheriff  may  retain  for  his  own  use  the  mileage  for 
service  of  papers  or  process  issued  by  any  court  of  the  state. 

Provided  further  that  the  county  treasurers  of  the  several  counties  of  this 
state,  where  their  necessary  expense  incurred  in  the  making  of  the  state  settle- 
ments provided  for  by  section  thirty-eight  hundred  and  sixty-six  Political  Code, 
shall  exceed  the  maximum  amount  of  mileage  allowed  them  by  section  thirty- 
eight  hundred  and  seventy-six  of  the  Political  Code,  shall  be  allowed  out  of  the 
county  treasury  of  their  respective  counties,  the  amount  of  such  excess,  which 
shall  be  paid  as  other  demands  against  the  county  are  paid.  [Amendment, 
Stats.  1905,  582.] 

§  216.  All  salaried  officers  of  the  several  counties  of  this  state  shall  charge 
and  collect  for  the  use  of  their  respective  counties,  and  pay  into  the  county 


COUJVTY    GOVERNMENT — FEES    TO    OFFICERS.  335 

treasury,  on  the  first  Monday  in  each  month,  the  fees  now  or  hereafter  allowed 
by  law  in  all  cases,  except  where  such  fees,  or  a  percentage  thereof,  is  allowed 
such  officers,  and  excepting  also  such  fees  as  are  a  charge  against  the  county. 

§  217.  Each  of  the  officers  authorized  to  receive  fees  under  the  provisions  of 
this  act  must  keep  a  fee-book,  open  to  the  public  inspection  during  office  hours, 
in  which  must  be  entered,  at  on^ce  and  in  detail,  all  fees  or  compensation,  of 
whatever  nature,  kind,  or  description,  collected  or  chargeable.  On  the  first 
Monday  of  each  and  every  month,  the  officer  must  add  up  each  column  in  his 
book  to  the  first  day  of  the  month,  and  set  down  the  totals.  On  the  expiration  of 
the  term  of  such  officer,  he  must  deliver  all  fee-books  kept  by  him  to  the  county 
auditor. 

§  218.  The  fees  and  compensation  collected  and  chargeable  for  the  county  in 
each  month  shall  be  paid  to  the  county  treasurer  on  the  first  Monday  in  the  fol- 
lowing month,  and  must  be  accompanied  by  a  statement  of  the  aggregate  amount 
thereof,  as  shown  by  the  fee-book,  duly  verified  by  the  officer  making  such  pay- 
ment. The  affidavit  shall  be  in  the  following  form:  "I,  A.  B.,  county  clerk  (or 
other  officer,  as  the  case  may  be),  do  swear  that  the  fee-book  in  my  office  contains 
a  true  statement  in  detail  of  all  fees  and  compensation  of  every  kind  and  nature 
for  official  services  rendered  by  me,  my  deputies,  and  assistants,  for  the  month 

of  ,  A.  D.  ,  and  that  said  fee-book  shows  a  full  amount  received  or 

chargeable  in  said  month,  and  since  my  last  monthly  payment;  and  neither 
myself,  nor  to  my  knowledge  or  belief,  any  of  my  deputies  or  assistants  have 
rendered  any  official  service,  except  for  the  county,  which  is  not  fully  set  out 
in  said  fee-book,  and  that  the  foregoing  statement  thereof  is  true  and  correct." 

The  treasurer  shall  file  and  preserve  in  his  office  said  statements  and  affidavit. 

§  219.  For  the  purpose  of  paying  the  salaries  provided  for  in  this  act,  all 
fees  directed  to  be  paid  into  the  county  treasury  shall  be  set  apart  therein  as  a 
separate  fund,  to  be  known  as  the  salary  fund,  to  be  applied  to  the  payment  of 
said  salaries.  Should  the  amount  received  from  such  source  be  insufficient,  it 
shall  be  the  duty  of  the  county  treasurer  from  time  to  time  to  transfer  to  said 
fund  from  the  general  fund  of  the  county  such  sums  as  may  be  necessary  to  pay 
said  salaries  as  they  become  due. 

§  220.  The  salaries  of  such  officers  named  in  this  act  as  are  entitled  to  salaries 
shall  be  paid  monthly  out  of  the  county  treasury ;  and  it  shall  be  the  duty  of  the 
auditor,  on  the  first  Monday  of  each  and  every  month,  to  draw  his  warrant  upon 
the  county  treasurer  in  favor  of  each  of  said  officers  for  the  amount  of  salary 
due  him  under  the  provisions  of  this  act  for  the  preceding  month ;  except  that 
one  half  of  the  annual  salary  of  the  assessor  shall  be  paid  to  him  in  equal  monthly 
instalments  for  the  months  of  March,  April,  May,  and  June,  and  one  half  in 
equal  monthly  instalments  for  the  remaining  eight  months  of  the  year.  The 
treasurer  shall  pay  said  warrants  on  presentation  out  of  the  salary  fund  of  the 
county  treasury. 

§  221.  The  auditor  shall  not  draw  his  warrant  for  the  salary  of  any  such 
officer  for  any  month  until  the  latter  shall  first  have  presented  him  with  the 
certificate  of  the  county  treasurer,  showing  that  he  has  made  the  statement  and 
settlement  for  that  month  required  in  this  act. 

§  222.     The  officers  mentioned  in  this  act  are  not  in  any  case,  except  for  the 


836  COUNTY    GOVERNMENT — FEES — CHARGES. 

state  or  county,  to  perform  any  official  services,  unless  upon  the  prepayment  of 
fees  prescribed  for  such  services,  except  in  cases  on  habeas  corpus  and  for 
naturalization,  and  on  such  payment  the  officer  must  perform  the  services 
required.  For  every  failure,  or  refusal  to  perform  official  duty  vs^hen  the  fees 
are  tendered,  the  officer  is  liable  on  his  official  bond. 

§  223.  Every  officer,  upon  receiving  any  fees  for  official  duty  or  service,  may 
be  required  by  the  person  paying  the  same  to  make  out,  in  writing,  and  deliver 
to  such  person  a  particular  account  of  such  fees,  specifying  for  what  they, 
respectively,  accrued,  and  shall  receipt  the  same ;  and  if  he  refuse  or  neglect  to 
do  so  when  required,  he  shall  be  liable  to  the  party  paying  the  same  in  treble 
the  amount  so  paid. 

§  224.  It  shall  be  the  duty  of  each  justice  of  the  peace  to  prepare,  and  keep 
posted  in  a  conspicuous  place  in  his  office,  a  plain  and  legible  statement  of  the 
fees  allowed  by  law  to  justices  of  the  peace  and  constables,  upon  pain  of  forfeit- 
ing, for  failure  so  to  do,  fifty  dollars,  to  be  recovered,  with  costs,  by  any  person, 
before  any  other  justice  of  the  peace  of  the  county. 

§  225.  The  board  of  supervisors,  upon  receiving  a  certified  copy  of  the  record 
of  conviction  of  any  officer  for  receiving  illegal  fees,  must  declare  his  office 
vacant. 

§  226,  It  shall  be  the  duty  of  all  officers  in  this  act  named  to  complete  the 
business  of  their  respective  offices  to  the  time  of  the  expiration  of  their  respective 
terms ;  and  in  case  any  officer  at  the  close  of  his  term  shall  leave  to  his  successor 
official  labor  to  be  performed,  which  it  was  his  duty  to  perform,  he  shall  be 
liable  to  pay  to  his  successor  the  full  value  for  such  services. 

§  227.  No  fee  or  compensation  of  any  kind  must  be  charged  or  received  by 
any  officer  for  duties  performed  or  services  rendered  in  proceedings  upon  habeas 
corpus  or  naturalization,  nor  for  administering  or  certifying  the  oath  of  office, 
nor  fees  or  other  compensation  shall  be  paid  for  service  rendered  in  an  affidavit 
or  application  relating  to  the  securing  of  a  pension  or  the  payment  of  a  pension 
voucher,  or  any  matter  relating  thereto,  nor  filing  nor  swearing  to  any  claim  or 
demand  against  any  county  in  this  state. 

§  228.     The  following  are  county  charges : 

1.  Charges  incurred  against  the  county  by  virtue  of  any  of  the  provisions  of 
this  act. 

2.  The  traveling  and  other  personal  expenses  of  the  district  attorney,  incurred 
in  criminal  cases  arising  in  the  county,  and  in  civil  actions  and  proceedings 
in  which  the  county  is  interested,  and  all  other  expenses  necessarily  in- 
curred by  him  in  the  detection  of  crime  and  prosecution  of  criminal  cases, 
and  in  civil  actions  and  proceedings  and  all  other  matters  in  which  the  county 
is  interested. 

3.  The  expenses  necessarily  incurred  in  the  support  of  persons  charged  with 
or  convicted  of  crime  and  committed  therefor  to  the  county  jail. 

4.  The  sums  required  by  law  to  be  paid  to  the  grand  and  trial  jurors  and  wit- 
nesses in  criminal  cases. 

5.  The  accounts  of  the  coroner  of  the  county  for  such  services  as  are  not  pro- 
vided to  be  paid  otherwise. 

6.  All  charges  and  accounts  for  services  rendered  by  any  justice  of  the  peace 


COtJlVTY   GOVERNMENT — CHANGE    OF    CLASSES.  337 

in  the  examination  or  trial  of  persons  charged  with  crime,  not  otherwise  pro- 
vided for  and  allowed  by  law. 

7.  The  necessary  expenses  incurred  in  the  support  of  the  county  hospitals, 
poorhouses,  and  the  indigent  sick  and  otherwise  dependent  poor,  whose  support 
is  chargeable  to  the  county. 

8.  The  contingent  expenses  necessarily  incurred  for  the  use  and  benefit  of 
the  county. 

9.  Every  other  sum  directed  by  law  to  be  raised  for  any  county  purpose  under 
the  direction  of  the  board  of  supervisors,  or  declared  to  be  a  county  charge, 

10.  The  fees  of  constables  in  criminal  cases  allowed  by  law. 

§  229,  When  a  criminal  action  is  removed  before  trial,  the  costs  accruing 
upon  such  removal  and  trial  shall  be  a  charge  against  the  county  in  which  the 
indictment  or  information  was  found. 

§  230.  The  clerk  of  the  county  to  which  such  action  is  removed  shall  certify 
the  amount  of  costs  allowed  and  certified  by  the  court  to  the  auditor  of  his 
county,  and  such  auditor  shall  audit  the  same  and  draw  his  warrant  therefor 
upon  the  treasury  of  the  county  from  which  such  action  was  removed ;  and  such 
auditor  shall  forward  to  said  treasurer  and  auditor  of  the  county  from  which 
said  action  was  transferred,  as  aforesaid,  a  certified  copy  of  the  total  amount  of 
costs  allowed  by  the  court,  giving  each  item  as  certified  to  him  by  the  county 
clerk  and  the  court;  and  the  auditor  receiving  such  certified  copy  of  said  costs 
allowed  shall  enter  the  same  in  his  book  as  a  charge  against  the  treasury  of  his 
county ;  and  the  county  treasurer  of  the  county  from  which  said  action  was 
removed  must,  immediately  upon  presentation,  pay  said  warrant  out  of  the 
general  fund  of  said  county ;  or,  if  at  the  date  of  presentation  there  is  not  suffi- 
cient money  in  the  said  general  fund  to  pay  the  same,  he  must  indorse  upon  said 
warrant,  "Not  paid  for  want  of  funds,"  and  said  warrant  must  be  registered, 
and  shall  draw  interest  at  the  same  rate,  and  be  paid  in  the  same  manner,  as 
though  it  had  been  drawn  by  the  auditor  of  the  county  where  the  indictment 
was  found. 

§  231.  Counties  created  or  organized  after  the  passage  and  approval  of  this 
act  shall  immediately  come  under  and  be  governed  by  its  provisions,  so  far  as  the 
same  are  applicable  thereto.  When  the  population  of  any  existing  county  shall 
have  been  reduced,  by  reason  of  the  creation  of  any  new  county  from  the  terri- 
tory thereof,  below  the  class  and  rank  first  assumed  hereunder,  it  shall  be  the 
duty  of  the  board  of  supervisors  of  such  county  to  designate  by  order  the  class 
to  which  such  county  has  been  reduced  by  reason  thereof,  and  such  county  shall 
thereafter  enter  the  list  of  such  class ;  provided,  that  the  salary  of  county  officers 
shall  not  be  affected  by  reason  of  such  division  of  the  county  or  order  of  the 
board,  for  the  term  for  which  they  were  elected  and  qualified.  In  any  newly 
created  county,  for  the  purpose  of  fixing  the  salaries  and  fees  of  county  and 
township  offices,  the  board  of  commissioners  appointed  to  organize  said  new 
county,  and  if  no  commissioners  be  appointed,  then  the  board  of  supervisors  of 
said  new  county,  shall  classify  said  new  county  according  to  the  population 
classification  of  this  act.  In  each  case  the  population  shall  be  numerically  fixed, 
and  when  so  fixed  shall  be  certified  to  the  secretary  of  state  by  the  boar4  fixing 
the  same. 

Oen.  Laws — 22 


COUNTY    GOVERNMENT — EFFECT    ON    OFFICERS. 


§  232.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

§  233.  The  provisions  of  sections  one  hundred  and  fifty-eight  to  two  hundred 
and  fourteen,  inclusive,  of  this  act,  so  far  as  they  change  the  compensation  of 
any  officer  therein  named,  heretofore  paid  a  fixed  salary,  or  heretofore  paid  a 
fixed  salary  and  commissions,  and  not  fees  or  per  diem,  shall  not  affect  incum- 
bents, unless  otherwise  provided  in  any  of  said  sections. 

§  234.  This  act,  except  as  otherwise  herein  provided,  shall  take  effect  and  be 
in  force  sixty  days  from  and  after  its  passage. 


See  KERR'S  CYC.  POL.  CODE  §4080; 
amendment  Stats.  1905,  114,  ch.  CXVIII;  and 
see   tits.   Apiaries;   Bee   Culture;  Ferries. 

STATS.  1883,  290. — §2,  County  San  Joa- 
quin vs.  Budd,  96  Cal.  47,  51,  30  Pac.  Rep. 
967;  §§2,  21,  People  vs.  Cole,  70  Cal.  59,  60, 
11  Pac.  Rep.  481;  §§6,  36,  Smith  vs.  County 
Los  Angeles,  99  Cal.  628,  630,  34  Pac.  Rep. 
439;  §7,  Bank  vs.  Bartlett,  78  Cal.  301,  303, 
20  Pac.  Rep.  682;  §8,  Burr  vs.  Board  Super- 
visors, 96  Cal.  210,  213,  31  Pac.  Rep.  38; 
Merriam  vs.  Board  Supervrs.,  72  Cal.  517, 
519,  14  Pac.  Rep.  137;  §§8,  11,  12,  Lassen 
County  vs.  Shlnn,  88  Cal.  510,  26  Pac.  Rep. 
365;    §§8,    164,    County    Orange    vs.    Harris, 

97  Cal.  600,  601,  32  Pac.  Rep.  594;  §12,  Peo- 
ple vs.  Board  Supervrs.,  75  Cal.  179,  180. 
10    Pac.    Rep.    776;    §15,   Welsh    vs.    Bramlet, 

98  Cal.  219,  220,  33  Pac.  Rep.  66;  Hale  vs. 
McGettigan,  114  Cal.  112,  122,  45  Pac.  Rep. 
1049;  §20,  County  San  Diego  vs.  Seifert, 
97  Cal.  594,  599,  32  Pac.  Rep.  644;  §22,  Ex 
parte  Benninger,  64  Cal.  291,  292,  30  Pac. 
Rep.  846;  §§22,  25,  Ex  parte  Benjamin,  65 
Cal.  310,  311,  4  Pac.  Rep.  23;  §§23,  24,  Ex 
parte  Mirande,  73  Cal.  365,  370,  14  Pac.  Rep. 
888;  §25,  subd.  5,  People  ex  rel.  Attorney- 
General  vs.  Wheeler,  136  Cal.  652,  653,  G9 
Pac.  Rep.  435;  subd.  18,  Potter  vs.  Fowzer, 
78  Cal.  493,  495.  21  Pac.  Rep.  118;  §25, 
County  Merced  vs.  Regents  U.  of  C,  66  Cal. 
25,  26,  4  Pac.  Rep.  780;  Comstock  vs.  County 
Yolo,  71  Cal.  599,  600,  12  Pac.  Rep.  728; 
§5  25,  36,  Schwartz  vs.  Wilson,  75  Cal.  502, 
503,  17  Pac.  Rep.  449;  §25,  Sutro  vs.  Pettit, 
74  Cal.  332,  335,  5  Am.  St.  Rep.  442,  16  Pac. 
Rep.  7;  County  San  Luis  Obispo  vs.  White, 
91  Cal.  432,  434,  24  Pac.  Rep.  864,  27  Id. 
756;  Blood  vs.  Woods,  95  Cal.  78,  85,  30  Pac. 
Rep.  129;  Holloy  vs.  County  Orange,  106 
Cal.  420,  422,  39  Pac.  Rep.  790;  Hale  vs. 
McGettigan,  114  Cal.  112.  122,  45  Pac.  Rep. 
1i4f<:  §§  2.'.  Z>7,  e<>.  102,  People  vs.  Ferguson. 
65  Cal.  288,  4  Pac.  Rep.  4;  §§25,  57,  People 
vs.  Babcock.  114  Cal.  559,  562,  46  Pac.  Rep. 
818;  §26,  Santa  Clara  vs.  S.  P.  R.  Co.,  66 
Cal.  642.  644.  6  Pac.  Rep.  744;  San  Luis 
Obispo  vs.  Hendricks,  71  Cal.  242,  246,  11 
Pac.  Rep.  682;  People  vs.  Russell,  74  Cal. 
578,  16  Pac.  Rep.  395;  Keena  vs.  Board  Su- 
pervrs., 89  Cal.  11,  13.  26  Pac.  Rep.  615; 
§§26,  37,  People  vs.  Baker,  83  Cal.  149.  150, 
23  Pac.  Rep.  364,  1112;  §§  37,  59,  11.1,  Butte 
County  vs.  Morgan.  76  Cal.  1.  2.  18  Pac. 
Rep.  115;  §37,  Gibson  vs.  Board  Supervrs., 
80  Cal.  359,  362,  22  Pac.  Rep.  225;  People 
vs.  Counts,  89  Cal.  15,  16,  26  Pac.  Rep.  612; 
§41,  Hayea  vs.  County  Los  Angeles,  99  Cal. 


74,  77,  33  Pac.  Rep.  766;  §44,  Zirker  vs. 
Hughes,  77  Cal.  235,  236,  19  Pac.  Rep.  423; 
§55,  Grossman  vs.  Kennlston,  97  Cal.  379, 
381,  32  Pac.  Rep.  448;  §§55,  184,  Fraser  vs. 
Alexander,  75  Cal.  147,  150,  16  Pac.  Rep. 
757;  §§57-59.  People  vs.  Burkhart,  76  Cal. 
606,  607,  18  Pac.  Rep.  776;  §§57,  59,  City  of 
Oakland  vs.  Snow.  145  Cal.  419.  427,  78  Pac. 
Rep.  1060;  §§57,  154,  Ventura  County  vs. 
Clay,  112  Cal.  65,  71,  44  Pac.  Rep.  488;  (33d 
class),  Howes  vs.  Abbott,  78  Cal.  270,  271. 
20  Pac.  Rep.  572;  §60,  Dillon  vs.  Bicknell, 
116  Cal.  Ill,  113,  47  Pac.  Rep.  937;  §74, 
Nat.  Bank  of  D.  O.  Mills  vs.  Greenlaw, 
134  Cal.  673,  675,  66  Pac.  Rep.  963;  §107, 
AVood  vs.  Lowden,  117  Cal.  232,  234,  49  Pac. 
Rep.  132;  §123,  Colton  L.  &  W.  Co.  vs. 
Swartz,  99  Cal.  278,  285,  33  Pac.  Rep.  878; 
§136,  Hedges  vs.  Dam.  72  Cal.  520,  521-523, 
14  Pac.  Rep.  133;  §§158,  163,  Allen  vs.  Napa 
County,  82  Cal.  187,  190,  23  Pac.  Rep.  43; 
§162,  Donlon  vs.  Jewett,  88  Cal.  530,  531, 
26  Pac.  Rep.  370;  McCabe  vs.  Jefferds,  122 
Cal.  302.  54  Pac.  Rep.  897;  §163,  San  Luis 
Obispo  County  vs.  Darke.  76  Cal.  92,  95, 
18  Pac.  Rep.  118;  §§163,  211,  Dougherty  vs. 
Austin,  94  Cal.  601,  604-610,  28  Pac.  Rep.  834. 
29  Id.  1092,  16  L.  R.  A.  161;  §164,  County 
Santa  Clara  vs.  Branham,  77  Cal.  592.  595. 
20  Pac.  Rep.  75;  §164,  Lynch  vs.  Butte 
County,  102  Cal.  446,  448,  36  Pac.  Rep.  806; 
§5164,  169,  Smith  vs.  Dunn,  68  Cal.  54,  55, 
8  Pac.  Rep.  625;  §§170,  188,  211,  Welsh  vs. 
Bramlet,  98  Cal.  219,  220,  33  Pac.  Rep.  66; 
§181,  Rosborough  vs.  Boardman.  67  Cal.  116. 
117,  7  Pac.  Rep.  261;  §§182,  211,  Dougherty 
vs.  Austin.  94  Cal.  601,  603,  28  Pac.  Rep. 
834,  29  Id.  1092,  16  L.  R.  A.  161;  §215,  County 
Kern  vs.  Fay,  131  Cal.  547,  550,  63  Pac. 
Rep.  857;  §234,  Cody  vs.  Murphey,  89  Cal. 
522,  525,  26  Pac.  Rep.  1081;  People  ex  rel. 
Daniels  vs.  Henshaw,  76  Cal.  436.  445,  18 
Pac.  Rep.  413;  Wickersham  vs.  Brittan,  93 
Cal.  34,  40,  28  Pac.  Rep.  792,  29  Id.  51,  15  L. 
R.  A.  106. 

STATS.  1885,  166. — §§4,  162-169,  Miller  vs. 
Kister,  68  Cal.  142,  143,  144,  8  Pac.  Rep.  813; 
§  162,  Donlon  vs.  Jewett.  88  Cal.  530,  532, 
26  Pac.  Rep.  370;  §179,  Kirkwood  vs.  Soto, 
87  Cal.  394,  395.  25  Pac.  Rep.  488;  §197,  Cody 
vs.  Murphey.  89  Cal.  522,  523,  26  Pac.  Rep. 
1081;  §§201-210,  Donlon  vs.  Jewett.  88  Cal. 
530,  532,  26  Pac.  Rep.  370;  §211,  Allen  vs. 
Napa  County.  82  Cal.  187.  191.  23  Pac.  Rep. 
43;  §211  (Salaries),  Dougherty  vs.  Austin, 
94  Cal.  601.  635,  28  Pac.  Rep.  834,  29  Id.  1092, 
16  L.   R.  A.   161. 

The    act    generally.  —  Longan    vs.    County 


COUNTY    GOVERNMENT — DECISIONS. 


Solano,  65  Cal.  122,  123,  3  Pac.  Rep.  463;  Gett 
vs.  Supervrs.  Sacramento,  111  Cal.  366,  43 
Pac.   Rep.   1122. 

STATS.  1887,  178. — §  20,  Los  Angeles  vs. 
Lankershim,  100  Cal.  525,  528,  35  Pac.  Rep. 
153,  556;  §35,  People  ex  rel.  Attorney-Gen- 
eral vs.  Eichelroth,  78  Cal.  141,  142,  20  Pac. 
Rep.  364,  2  L..  R.  A.  770;  §69,  People  ex  rel. 
T'leming-  vs.  Shorb,  100  Cal.  537,  541,  38  Am. 
St.  Rep.  310,  35  Pac.  Rep.  163;  §1101/2,  Over- 
all vs.  County  Tulare,  100  Cal.  61,  63,  34 
Pac.  Rep.  519;  §§1101/2,  154,  Ventura  County 
vs.  Clay,  112  Cal.  65,  73,  44  Pac.  Rep.  488; 
§211,   People    vs.    Johnson,    95    Cal.    471,    474, 

31  Pac.  Rep.  611;  County  Orange  vs.  Harris, 
97  Cal.  600,   602,  32  Pac.  Rep.  594. 

STATS.  1889,  232.  —  §25,  McAllister  vs. 
Hamlin,  83  Cal.  361.  365,  23  Pac.  Rep.  357; 
siibd.  26,  Ex  parte  Hodges,  87  Cal.  162,  164, 
25  Pac.  Rep.  277;  §§70,  212,  214,  People  vs. 
Hamilton,  103  Cal.  488,  491,  37  Pac.  Rep.  627; 
§§  162,  163,  Donlon  vs.  Jewett,  88  Cal.  530, 
532,  26  Pac.  Rep.  370;  §§  180,  212,  Banks  vs. 
Yolo  County,  104  Cal.  258,  259,  37  Pac.  Rep. 
900;  §188,  Green  vs.  County  Fresno,  95  Cal. 
329,  331,  30  Pac.  Rep.  544;  §211,  Welsh  vs. 
Bramlet,  98  Cal.  219,  220,  33  Pac.  Rep.  66; 
1  189,  County  San  Luis  Obispo  vs.  Graves, 
84  Cal.  71,  73,  23  Pac.  Rep.  1032;  §201,  Nel- 
son vs.  Breen.  98  Cal.  245,  246,  33  Pac.  Rep. 
85;  §§2011/2,  202,  Donlon  vs.  Jewett,  88  Cal. 
530,   532.   26   Pac.    Rep.    370. 

STATS.  1891,  295.  —  §§5,  36,  Smilie  vs. 
Fresno  County,  112  Cal.  311,  313,  44  Pac. 
Rep.  556;  §8,  Boyne  vs.  Ryan.  100  Cal.  265, 
266,  34  Pac.  Rep.  707;  §§8,  25,  41,  County 
Colusa  vs.  Welch,  122  Cal.  428,  430,  55  Pac. 
Rep.  243;  §  2!5,  subd.s.  4,  35,  Croley  vs.  Cal- 
ifornia Pac.  R.  Co.,  134  Cal.  557,  560,  561, 
66  Pac.  Rep.  860;  §25,  subd.  20,  White  vs. 
Hayden.  126  Cal.  621,  622,  59  Pac.  Rep.  118, 
1113;  §25,  subd.  27,  Lamberson  vs.  Jefferds, 
118  Cal.  363.  365,  50  Pac.  Rep.  403;  County 
Inyo  vs.  Erro,  119  Cal.  119,  120,  51  Pac.  Rep. 
32;    §25,    Hicks    vs.    Folks,    97    Cal.    241,    242, 

32  Pac.  Rep.  S;  Johnson  vs.  County  Yuba, 
103  Cal.  538-540.  37  Pac.  Rep.  528;  Journal 
Pub.  Co.  vs.  Whitney,  97  Cal.  283,  284,  32 
Pac.  Rep.  237;  Merced  County  vs.  Helm, 
102  Cal.  159,  164,  36  Pac.  Rep.  399;  Ex  parte 
Mason,  102  Cal.  171,  172,  36  Pac.  Rep.  401; 
County  Modoc  vs.  Spencer,  103  Cal.  498,  499, 
S7  Pac.  Rep.  483;  Ex  parte  Mansfield,  106 
Cal.  400,  -402,  39  Pac.  Rep.  775;  McGowan 
vs.  Ford,  107  Cal.  177,  180,  40  Pac.  Rep.  231; 
Ex  parte  Seube.  115  Cal.  629,  630,  47  Pac. 
Rep.  596;  §§  25,  35.  People  ex  rel.  Wood 
vs.  Sands,  102  Cai.  12-18,  36  Pac.  Rep.  404; 
§§25,  113.  McFarland  vs.  McCowen,  98  Cal. 
329,  331,  33  Pac.  Rep.  113;  §34,  Frandzen  vs. 
County  San  Diego,  101  Cal.  317,  318,  35  Pac. 
Rep.  897;  §§60,  88,  People  ex  rel.  Sweet  vs. 
Ward,  107  Cal.  236,  237,  40  Pac.  Rep.  538; 
?§60,  117,  221,  Dillon  vs.  Bicknell,  116  Cal. 
Ill,  113,  47  Pac.  Rep.  937;  §61,  Farnum  vs. 
Warner,  104  Cal.  677,  678,  38  Pac.  Rep.  421; 
§§  71,  115,  County  Mendocino  vs.  Johnson, 
125  Cal.  337,  340,  58  Pac.  Rep.  5;  §87,  County 
San  Diego  vs  Dauer,  131  Cal.  199,  202,  63 
Pac.  Rep.  338;  §107,  Wood  vs.  Lowden,  117 
Cal.  232,  234,  49  Pac.  Rep.  132;  §111,  Von 
Schmidt    vs.    Wldber,    99    Cal.    511,    514,    34 


Pac.  Rep.  109;  §113,  Sehorn  vs.  Williams, 
110  Cal.  621,  622,  43  Pac.  Rep.  8;  Walton 
vs.  McPhetridge,  120  Cal.  440,  443,  52  Pac. 
Rep.  731;  Ventura  County  vs.  Clay,  112  Cal. 
65,  73,  44  Pac.  Rep.  488;  §115,  County  San 
Luis  Obispo  vs.  Pettit,  100  Cal.  442,  444,  34 
Pac.  Rep.  1082;  §§124,  125,  Cady  vs.  Purser, 
131  Cal.  552,  557,  82  Am.  St.  Rep.  391,  63 
Pac.  Rep.  844;  §136,  County  Modoc  vs. 
Spencer,  103  Cal.  498,  501,  37  Pac.  Rep.  483; 
§§170,  234,  Green  vs.  County  Fresno,  95  Cal. 
329,  331,  30  Pac.  Rep.  544;  §170,  Welsh  vs. 
Bramlet,  98  Cal.  219,  221,  33  Pac.  Rep.  66; 
§182,  Farnum  vs.  Warner,  104  Cal.  677,  678, 
38  Pac.  Rep.  421;  §183,  People  ex  rel.  Atkin- 
son vs.  Johnson,  95  Cal.  471,  472.  31  Pac. 
Rep.  611;  §190,  Turner  vs.  County  Siskiyou, 
109  Cal.  332,  334,  42  Pac.  Rep.  434;  §195, 
Bloss  vs.  Lewis,  109  Cal.  493,  495.  41  Pac. 
Rep.  1081;  City  Tulare  vs.  Hevren,  126  Cal. 
226,  231,  58  Pac.  Rep.  530;  §219,  County 
Sonoma  vs.  Hall,  132  Cal.  589,  593,  62  Pac. 
Rep.  257,  312,  65  Id.  12,  459;  §234,  Cody  vs. 
Murphey,  89  Cal.  522,  524,  525,  26  Pac.  Rep. 
1081;  §235,  Sanders  vs.  Sehorn,  98  Cal.  227, 
229,    33    Pac.    Rep.    58. 

Statute  generally. — Welsh  vs.  Bramlet,  98 
Cal.  219,  224,  33  Pac.  Rep.  66;  County  Modoc 
vs.  Spencer,  103  Cal.  498,  499,  37  Pac.  Rep. 
483;  Johnson  vs.  County  Yuba,  103  Cal.  538, 
540,  37  Pac.  Rep.  528;  Farnum  vs.  Warner, 
104   Cal.   677,    678,   38    Pac.   Rep.    421. 

STATS.  1893,  346. — §§  4,  51,  Nelson  vs.  Mer- 
ced County,  122  Cal.  644,  645,  55  Pac.  Rep. 
421;  §8,  Moore  vs.  Morrison,  130  Cal.  80,  81, 
62  Pac.  Rep.  268;  County  Santa  Cruz  vs. 
McPherson.  133  Cal.  282-284,  65  Pac.  Rep. 
574;  §§8,  25,  36,  Ventura  County  vs.  Clay, 
119  Cal.  213,  214,  51  Pac.  Rep.  189;  §10,  Kum- 
ler  vs.  Board  Supervrs.,  103  Cal.  393,  394,  37 
Pac.  Rep.  383;  §§13,  25,  People  ex  rel.  Young 
vs.  Babcock,  114  Cal.  559,  563,  46  Pac.  Rep. 
818;  §§15,  60,  170,  Hale  vs.  McGettigan,  114 
Cal.  112,  114,  45  Pac.  Rep.  1049;  §§15,173,234, 
County  Tulare  vs.  Jefferds,  118  Cal.  361.  362. 

50  Pac.  Rep.  535;  §25,  Thompson  vs.  Board 
Supervrs.,  Ill  Cal.  553,  556,  44  Pac.  Rep.  230; 
Ertle  vs.  Leary,  114  Cal.  238,  240,  46  Pac. 
Rep.  1;  Power  vs.  May,  123  Cal.  147,  150,  55 
Pac.  Rep.  796;  §25,  subd.  14,  Mack  vs.  Jas- 
tro,  126  Cal.  130,  132,  58  Pac.  Rep.  372; 
§  25,  subd.  17,  Lamberson  vs.  Jefferds,  118 
Cal.  36S,  364,  50  Pac.  Rep.  403;  County  Inyo 
vs.  Erro,  119  Cal.  119,  120,  51  Pac.  Rep.  32; 
§25,  subd.  20,  White  vs.  Hayden,  126  Cal. 
621,  622,  59  Pac.  Rep.  118,  1113;  §25,  subd. 
25,  San  Luis  Obispo  vs.  Greenberg,  120 
Cal.  300,  303-306,  52  Pac.  Rep.  797;  §25,  subd. 
27,  County  Los  Angeles  vs.  Eikenberry, 
131  Cal.  461,  464,  63  Pac.  Rep.  766;  §25,  subd. 
35,  Harris  vs.  Gibbins,  114  Cal.  418-421, 
46  Pac.  Rep.  292;  §2.5,  subd.  36,  Freman  vs. 
Marshall,  137  Cal.  159,  161,  162,  69  Pac.  Rep. 
986;  25,  subd.  41,  Bedel  vs.  Scott,  126  Cal. 
675,  59  Pac.  Rep.  210;  §§25,  58,  People  vs. 
Chaves,  12^  Cal.  134,  137,  54  Pac.  Rep.  596; 
§5  25,  220,  Modoc  County  vs.  Madden,  120 
Cal.  555,  558,  52  Pac.  Rep.  812;  §41.  County 
Kings  vs.    County  Tulare,   119   Cal.   509,   511, 

51  Pac.  Rep.  866;  §43,  Arbios  vs.  County 
San  Bernardino,  110  Cal.  553,  554,  42  Pac. 
Rep.  1080;  §§43,  44,  San  Diego  vs.  Riverside, 


340 


COUNTY    GOVERXMEIVT    ACT — DECISIONS. 


125  Cal.  495,  499,  58  Pac.  Rep.  81;  §51,  So- 
lano County  vs.  McCudden,  120  Cal.  648,  649, 
53  Pac.  Rep.  213;  §§57,  58,  Kahn  vs.  Sutro, 
114  Cal.  316,  327.  46  Pac.  Rep.  87,  33  L.  R.  A. 
620;  §§61,  173,  Tulare  County  vs.  May,  118 
Cal.  303,  305,  50  Pac.  Rep.  427;  §§61,  216,  San 
Francisco  vs.  Broderick.  125  Cal.  188,  193, 
57  Pac.  Rep.  887;  §§70-72,  80-89,  County  San 
Dieg-o  vs.  Schwartz,  145  Cal.  49.  51,  78  Pac. 
Rep.  231;  §98,  Lambert  vs.  McKenzie,  135 
Cal.  100,  67  Pac.  Rep.  6;  §102,  Whelan  vs. 
Superior  Court,  114  Cal.  548,  549,  46  Pac. 
Rep.  468;  §114,  Ventura  County  vs.  Clay, 
114  Cal.  242,  245,  46  Pac.  Rep.  9;  §§136,  197, 
216,  County  Kern  vs.  Fay,  131  Cal.  547,  550, 
63  Pac.  Rep.  857;  §137,  Merriam  vs.  Barnum, 
116  Cal.  619,  621.  48  Pac.  Rep.  727;  §145,  Vail 
vs.  San  Diego  County,  126  Cal.  35,  36,  58 
Pac.  Rep.  392;  §170,  subd.  26,  Hale  vs.  Mc- 
Gettigan,  114  Cal.  112,  117  et  seq.,  45  Pac. 
Rep.  1049;  §170,  subd.  24,  Freman  vs.  Mar- 
shall, 137  cal.  159.  162,  69  Pac.  Rep.  986; 
§173,  McPhail  vs.  Jefferds,  130  Cal.  480,  62 
Pac.  Rep.  735;  Ellis  vs.  Jefferds.  130  Cal. 
478,  62  Pac.  Rep.  734;  §183,  Martin  vs.  Santa 
Barbara,  105  Cal.  208.  210,  38  Pac.  Rep.  687; 
§195,  Davis  vs.  Post.  125  Cal.  210,  212,  57 
Pac.  Rep.  901;  §196,  subd.  14,  Kiernan  vs. 
Swan,  131  Cal.  410,  411,  63  Pac.  Rep.  768; 
§197,  subd,  16,  White  vs.  Hayden,  126  Cal. 
621,  622,  59  Pac.  Rep.  118,  1113;  §  200,  Cooley 
vs.  County  Calaveras,  121  Cal.  482,  485,  53 
Pac.  Rep.  1075;  §  204,  County  Tulare  vs. 
Jefferds.  118  Cal.  361,  50  Pac.  Rep.  535;  §216, 
Irwin  vs.  County  Yuba,  119  Cal.  686,  689, 
52  Pac.  Rep.  35;  §221,  Dillon  vs.  Bicknell, 
116  Cal.  Ill,  115,  47  Pac.  Rep.  937;  §236, 
County  San  Diego  vs.  Schwartz,  145  Cal. 
49,    51,    78   Pac.    Rep.    231. 

Tolls. — Blood  vs.  McCarty,  112  Cal.  561, 
563,  44  Pac.  Rep.  1025;  Kahn  vs.  Sutro,  114 
Cal.  316,  319,  46  Pac.  Rep.  87,  33  L.  R.  A.  620. 
Compare  with  Ex  parte  Frazer,  54  Cal.  94; 
and  as  to  municipal  powers,  see  Davies  vs. 
City  Los  Angeles,  86  Cal.  37,  24  Pac.  Rep.  771. 

Generally. — Harris  vs.  Gibbins,  114  Cal. 
418,   420,   46   Pac.   Rep.   292. 

Fees. — Dwyer  vs.  Parker,  115  Cal.  544, 
548,   47   Pac.   Rep.   372. 

STATS.  1895,  1-11.  —  §§  162,  216,  Summer- 
land  vs.  Bicknell,  111  Cal.  567,  568,  44  Pac. 
Rep.    232. 

STATS.  1897,  452. — §§  1,  2,  13,  25,  Ex  parte 
Anderson,  134  Cal.  69,  70.  71,  S6  Am.  St. 
Rep.  236,  66  Pac.  Rep.  194;  §8,  Ventura 
County  vs.  Clay,  112  Cal.  65,  66,  44  Pac. 
Rep.  488;  Sacramento  vs.  Southern  Pac. 
Co.,  127  Cal.  217-224,  59  Pac.  Rep.  568,  825; 
§§  8,  25,  subds.  1-16,  Contra  Costa  County  vs. 
Soto,  138  Cal.  57,  60,  70  Pac.  Rep.  1019;  §15, 
Bergevin  vs.  Curtz,  127  Cal.  86.  87,  59  Pac. 
Rep.  312;  §25,  Davis  vs.  WTiidden,  117  Cal. 
618,  619,  49  Pac.  Rep.  766;  Los  Angeles  vs. 
Hollywood  Cem.  Assoc,  124  Cal.  344,  348, 
71  Am.  St.  Rep.  75,  57  Pac.  Rep.  153;  Lough- 
er  vs.  Soto,  129  Cal.  610,  611,  62  Pac.  Rep. 
184;  San  Luis  Obispo  vs.  Greenberg.  120 
Cal.  300.  305,  52  Pac.  Rep.  797;  Peck  vs. 
Board  Supervrs.,  90  Cal.  384,  385,  27  Pac. 
Rep.  301;  §25,  suitd.  2,  Lougher  vs.  Soto, 
129  Cal.  610,  612,  62  Pac.  Rep.  184;  §  25,  subd. 
4,  Johnston  vs.  County  Sacramento,  137 
Cal.    204,    205,   69    Pac.    Rep.    962;    §25,   subds. 


4,  37,  40,  Croley  vs.  California  Pac.  R.  Co., 
134  Cal.  557,  66  Pac.  Rep.  860;  §25,  subd.  5, 
People  vs.  Wheeler,  143  Cal.  68,  69;  §25, 
subd.  13,  Devine  vs.  Board  Supervrs.,  121 
Cal.  670,  672,  54  Pac.  Rep.  262;  Mack  vs. 
Jastro,  126  Cal.  130,  132,  58  Pac.  Rep.  372; 
§25,  subd.  18,  Potter  vs.  Fowzer,  78  Cal. 
493,  494,  21  Pac.  Rep.  118;  see  also  Miller  & 
Lux  vs.  Batz,  142  Cal.  447,  449,  76  Pac.  Rep. 
42;  §25,  subd.  19,  People  ex  rel.  Murphy  vs. 
Col,  132  Cal.  334,  64  Pac.  Rep.  477;  People 
ex  rel.  Richardson  vs.  Cobb,  133  Cal.   74,  75, 

65  Pac.  Rep.  325;  §25,  subd.  21,  Van 
Harlingen    vs.    Doyle,    134    Cal.    53,    54,    55, 

66  Pac.  Rep.  44,  54  L.  R.  A.  771;  §25,  subds. 
25,  27,  County  Inyo  vs.  Erro,  119  Cal.  119, 
51  Pac.  Rep.  32;  §25,  subd.  35,  Harris  vs. 
Gibbins,  114  Cal.  418,  420.  46  Pac.  Rep.  292; 
Merriam  vs.  Barnum,  116  Cal.  619,  622,  48 
Pac.  Rep.  727;  §25,  subd.  36,  Freeman  vs. 
Barnum,  131  Cal.  386,  388,  82  Am.  St.  Rep. 
355,  63  Pac.  Rep.  691;  Knight  vs.  Martin, 
128  Cal.  245,  246,  60  Pac.  Rep.  849;  §§26,  56, 
Proulx  vs.  Graves.  143  Cal.  243.  244-246,  76 
Pac.  Rep.  1025;  §§34,  232,  subds.  8,  17Ci 
Storke  vs.  Goux,  129  Cal.  526,  527,  62  Pac. 
Rep.  68;  §42,  McBride  vs.  Newlin,  129  Cal. 
36,  37,  61  Pac.  Rep.  577;  §55,  Pratt  vs. 
Browne,  135  Cal.  649,  650,  67  Pac.  Rep.  1082; 
§56,  Beach  vs.  Von  Detten,  139  Cal.  462,  463, 
73  Pac.  Rep.  187;  Kenworthy  vs.  Mast,  141 
Cal.  268,  274,  74  Pac.  Rep.  871;  Sanchez  vs. 
Fordyce,  141  Cal.  427,  428,  75  Pac.  Rep.  56; 
§58,  People  ex  rel.  Murphy  vs.  Col,  132  Cal. 
334,  64  Pac.  Rep.  477;  §§50,  158,  215,  San 
Francisco  vs.  Broderick,  125  Cal.  188,  193, 
57  Pac.  Rep.  887;  §§70,  72,  80,  82,  84,  89,  263, 
County  San  Diego  vs.  Schwartz,  145  Cal.  49, 
51,  78  Pac.  Rep.  231;  §71,  Nat.  Bank  D.  O. 
Mills  vs.  Greenlaw,  134  Cal.  673,  675,  66  Pac. 
Rep.  963;  §§92,  93,  100,  Alexander  vs.  Wil- 
son, 144  Cal.  5,  8,  77  Pac.  Rep.  706;  §120, 
County  Kern  vs.  Lee,  129  Cal.  361,  363,  61 
Pac.  Rep.  1124;  §§132,  133,  215,  228,  Humis- 
ton  vs.  Shaffer,  145  Cal.  195.  196.  78  Pac. 
Rep.  651;  §135,  Ward  vs.  Crowell,  142  Cal. 
587,  588,  76  Pac.  Rep.  491;  §154,  Ventura 
County  vs.  Clay,  112  Cal.  65,  73,  44  Pac.  Rep. 
488;  County  Butte  vs.  Merrill.  141  Cal.  396, 
398,  74  Pac.  Rep.  1036;  §157,  Beach  vs.  Von 
Detten,  139  Cal.  462,  463,  73  Pac.  Rep.  187; 
§§165,  233,  Vail  vs.  San  Diego  County,  126 
Cal.  35.  36,  58  Pac.  Rep.  392;  §166,  subd.  13, 
Tucker  vs.  Barnum,  144  Cal.  266.  267,  77 
Pac.  Rep.  919,  §  168,  County  Humboldt  vs. 
Stern,  136  Cal.  63.  64.  68  Pac.  Rep.  324; 
§170,  Freman  vs.  Marshall.  137  Cal.  159-164, 
69  Pac.  Rep.  986;  §§  170,  232,  234,  McCabe  vs. 
Jefferds.  122  Cal.  302.  303,  54  Pac.  Rep.  897; 
§§172,  25,  subd.  36,  Knight  vs.  Martin,  128 
Cal.  245.  249.  60  Pac.  Rep.  849;  §179,  subd.  8. 
Storke  vs.  Goux,  129  Cal.  526,  527,  62  Pac. 
Rep.  68;  §183,  Lougher  vs.  Soto,  129  Cal. 
610,  613,  62  Pac.  Rep.  184;  §187,  subd.  16, 
Pratt  vs.  Browne,  135  Cal.  649,  652,  67  Pac. 
Rep.  1082;  §§191,  216,  Davis  vs.  Post.  125 
Cal.  210,  212,  57  Pac.  Rep.  901;  §200,  subd. 
13,  Cooley  vs.  County  Calaveras.  121  Cal. 
482.  485.  53  Pac.  Rep.  1075;  §204.  subd.  15, 
Chapin  vs.  Wilcox.  114  Cal.  498,  499.  46  Pac. 
Rep.  457;  §  207,  County  Tulare  vs.  Jefferds, 
118  Cal.  361,  50  Pac.  Rep.  535;  §  21.'>,  County 
Humboldt   vs.   Stern.    136   Cal.    63-65.    68    Pac. 


DECISIONS— COURTS— IlECORDS.  341 

Rep.    324;    City    of    Oakland    vs.    Snow,    145  When  does  lie. — Johnston  vs.   Sacramento 

Cal.   41B,   425,   78  Pac.   Rep.   1060;   §216,  subd.  County,    137    Cal.    204,    205-209,    69    Pac.    Rep. 

36,    §25,    Knight    vs.    Martin,     128    Cal.     246,  962. 

246.    247     60    Pac.    Rep.    849;    §§216,   221     222,  ^^^^^                685.-§  54,  Ward  vs.  Crowell. 

!'^-,     ;,^.^r!.  xf-    ""t  ^""IZTl.             ■  142   Cal.    587.   588,   76   Pac.   Rep.   491;  §§56-58, 

143   Cal.    170,   172,   76  Pac.   Rep.   973;   §§216  et  „         .                  x:,      !,            -,ai    r^i     ^0-7     7oq   ^qh 

^         ^       ^          -r^-                     r.   ,          \       ^  .^  Sanchez    vs.    Fordyce,    141    Cal.    427,    428-430, 

^^V  .^'''tn  "",»    xf       '^^°    00;   ^^Z    r^""'      t  75   Pac.    Rep.    56;   §50,   Kenworthy   vs.   Mast, 

Cah    49,    50.    78   Pac.    Rep.    231;   §232    County  ^^^    ^^j_    ^68,    274,    74    Pac.    Rep.    841;    Beach 


vs.  Von  Detten,  139  Cal.  462,  463,  73  Pac. 
Rep.  187;  Davidson  vs.  "Von  Detten,  139 
Cal.  467,  73  Pac.  Rep.  189. 


San  Diego  vs.   Schwartz,    145   Cal.    49,   51,   78 

Pac.    Rep.    231;    §§232,  234,   Storke    vs.    Goux, 

129  Cal.  526,  62  Pac.  Rep.  68;  §233,  170,  Ellis 

vs.   Jefferds,    130  Cal.    478,   479,    62   Pac.   Rep. 

734;  §233,  McPhail  vs.  Jefferds,  130  Cal.   480,  STATS.  1J>03,  179-241.— §  192,  subd.  13,  Mc- 

62    Pac.    Rep.    735;    §236,    Miller    vs.    County  Cauley    vs.    Culbert,    144    Cal.    276,    77    Pac. 

Kern,    137   Cal.    516,    518,    70    Pac.    549.     Com-  j^gp    923. 

pare   with    County   San    Diego    vs.    Schwartz,  stats.    190.5,    §  184,    subd.    13,    held    uncon- 

145  Cal.  49,  78  Pac.  Rep.  231.     Stats.  1893.  stitutional    in    Johnson    vs.    Gunn,    Dist.    Ct. 

Statute     generally. — -Dwyer      vs.      Parker  App.,   July   24,   1905. 
(fees  and  salaries),  115  Cal.  544,  548,  47  Pac. 

Rep.     372;    Stevens    vs.    Truman     (reporters'  DECISIONS       UNDER      THE       GENERAL 

fees),    127    Cal.    155,    160,    59    Pac.    Rep.    397;  "PEE    BILL"    of    1895    should    be    consulted, 

Matter    of    Dodge    (poll-tax),    135    Cal.    512.  as  several  of  the  decisions  under  that  stat- 

514,  67   Pac.   Rep.   973;  Bruce  vs.  Jack    (fees,  u^e     deal    with    provisions     of    the    County 

etc.,   Calaveras),    135   Cal.    535,    67   Pac.    Rep.  Government  Statute   in  matters  of  fees  and 

907;    County    Alameda    vs.    Evers     (claims),  salaries,    but   they   are    more   properly   cited 

136    Cal.    132,    68    Pac.    Rep.    475;    Thom    vs.  under  Stats.  1895. 

County  Los  Angeles   (fees  and  salaries),  136  FOR    CERTAIN    DUTIES    OF    SUPERVIS- 

Cal.  375,  378,  69  Pac.  Rep.  18.  ORS,    see    tits.    Levee    Districts,    post,    Stats. 

SUPERVISORS  —  INJUNCTION    AGAINST  1905,     327;    License     Tax;     Bridire:     Bicycle; 

—When   does   not   lie. — Barto   vs.   Board   Su-  Sheep,    etc. 

pervrs.,  135  Cal.   494,   67   Pac.   Rep.   758.  See   Posse   Comitatus. 

COUNTY  PROPERTY— INVENTORIES. 
See  Public  Property. 

COURTS— RECORDS  OP. 

To  transfer  the  recorcis,  papers,  and  business  of  the  courts  existing  on  the 
thirty-first  day  of  December,  eighteen  hundred  and  seventy-nine,  in  this 
state,  to  the  courts  now  existing  therein. 

(Stats.  1880,  2  ch.  IV.) 

§  1.  The  supreme  court  shall,  for  all  purposes,  be  considered  the  successor 
of  the  court  of  the  same  name  which  was  abolished  on  the  first  day  of  January, 
eighteen  hundred  and  eighty,  and  to  have  succeeded  to  all  its  unfinished  busi- 
ness. It  shall  have  jurisdiction  of,  and  shall  hear  and  determine,  or  other- 
wise dispose  of,  all  causes,  proceedings,  appeals,  motions,  and  matters  pending 
on  said  day  in  the  court  superseded  by  it;  and  also,  of  all  appeals  taken  to 
such  court  before  or  after  such  day,  from  judgments  or  orders  of  any  of  the 
inferior  courts  abolished  by  the  constitution.  From  and  after  the  first  day  of 
January,  eighteen  hundred  and  eighty,  the  supreme  court  shall  have  the 
custody  of  all  records,  books,  and  papers  of  the  former  supreme  court,  and 
the  same  jurisdiction  over  its  judgments,  orders,  and  proceedings  as  if  they 
had  in  the  first  instance  been  rendered,  made,  or  commenced  in  the  present 
court.  All  laws  relating  to  the  former  court  shall,  as  far  as  applicable,  be 
considered  as  applying  to  the  present  court.  All  rules  of  the  former  court 
which  were  in  force  on  the  first  day  of  January,  eighteen  hundred  and  eighty, 
and  not  inconsistent  with  the  constitution,  shall  continue  in  force  as  rules  of 
the  present  court  until  altered,  abolished,  or  superseded  by  the  order  of  the 


342  SUPERIOR    COURTS — TRANSFER    OF    CASES    TO. 

§  2.  The  superior  court  of  each  county  in  this  state  shall,  for  all  pur- 
poses, be  considered  the  successor  of  the  district,  county,  and  probate  courts 
thereof,  and,  in  the  city  and  county  of  San  Francisco,  of  the  municipal  crim- 
inal court  and  municipal  court  of  appeals,  and  shall  be  deemed  to  have  suc- 
ceeded to  all  the  unfinished  business  of  said  courts.  The  superior  courts  shall 
hear,  determine,  or  otherwise  dispose  of,  all  causes  and  proceedings  which 
were  pending  on  the  first  day  of  January,  eighteen  hundred  and  eighty,  in 
the  said  courts  superseded  by  them,  and  every  motion  or  proceeding  then 
pending  or  thereafter  made  or  taken  in  such  causes  and  proceedings,  and  of 
which  said  courts  would  have  had  jurisdiction  had  they  not  been  abolished; 
and  also,  all  appeals  taken  or  perfected,  before  or  after  said  day,  from  all 
orders  or  judgments  of  justices'  and  police  courts  which  by  law  are  declared 
to  be  appealable.  From  and  after  the  first  day  of  January,  eighteen  hundred 
and  eighty,  the  superior  courts  shall  have  the  custody  of  all  the  records,  books, 
and  papers  of  the  said  courts  superseded  by  them,  and  shall  have  jurisdiction 
thereof,  and  of  the  judgments,  orders  and  process  of  said  courts;  and  shall 
enforce  the  same  and  issue  process  thereon  in  like  manner,  and  with  the  same 
effect,  as  if  they  had  in  the  first  instance  been  filed,  commenced,  rendered, 
made,  or  issued  in  or  by  the  superior  court.  The  superior  court  of  the  city 
and  county  of  San  Francisco  shall  have  jurisdiction  of,  and  shall  try  and  dis- 
pose of,  all  indictments  for  misdemeanor  pending  in  the  city  criminal  court 
of  said  city  and  county  on  the  first  day  of  January,  eighteen  hundred  and 
eighty ;  and  such  indictments  and  all  papers  and  records  relating  thereto,  shall 
be  transferred  to  the  said  superior  court  and  become  records  thereof.  Any 
application,  motion,  or  proceeding,  set  by  the  district,  county,  or  probate  court 
of  any  county,  or  by  the  judge  thereof,  to  be  heard  by  such  court  or  judge 
after  the  first  day  of  January,  eighteen  hundred  and  eighty,  may  be  heard 
in  the  superior  court  of  such  county,  upon  the  same  notice  that  was  required 
to  authorize  the  hearing  thereof  in  such  district,  county,  or  probate  court,  or 
by  the  judge  thereof.  Any  process  issued  out  of  any  district,  county,  or  pro- 
bate court  of  this  state  before  the  first  day  of  January,  eighteen  hundred  and 
eighty,  may  be  served,  or  the  service  thereof  completed,  after  said  day,  in 
the  same  manner  and  with  like  effect,  as  if  such  courts  had  not  been  abolished ; 
provided,  that  such  process  shall  be  returned  to  the  superior  court  of  the 
county  in  which  it  was  issued,  and  any  appearance  or  answer  required  by 
such  process  shall  be  made  or  filed  in  such  court. 

§  3.  All  prosecutions  which  were  transferred  or  certified  for  trial  to  the 
city  criminal  court  of  the  city  and  county  of  San  Francisco,  by  the  police 
court  thereof,  and  were  pending  or  undetermined  on  the  first  day  of  January, 
eighteen  hundred  and  eighty,  shall  be  tried  and  disposed  of  in  the  said  police 
court;  and  all  the  papers,  pleadings,  and  records  relating  to  such  prosecutions 
shall  be  transferred  to,  and  deposited  with,  said  police  court,  and  become 
records  and  papers  thereof. 

§  4.     This  act  shall  take  effect  immediately. 

COUNTY  SEATS. 

See  County  GoTCrnment  Aet  §  llj  KERR'S  CYC.  POL.  CODE  5  3902;  Const.  187S  » :1,  art.  XI. 


SUPERIOR    COURTS — JURISDICTION — SECRETARY.  843 

COURTS— SUPERIOR. 

To  confer  upon  tlie  superior  court  of  each  county  and  the  judge  thereof  the 
powers  heretofore  possessed  by  the  district,  county,  and  probate  courts  of 
such  county,  and  the  judges  thereof. 

(Stats.  1880,  23,  ch.  XXXII.) 

§  1.  In  all  cases  in  which,  on  the  first  day  of  January,  eighteen  hundred 
and  eighty,  any  authority  or  jurisdiction  was  by  law  vested  in  the  county  or 
probate  court  of  any  county,  or  in  the  judge  thereof,  or  in  any  district  court 
of  such  county,  or  in  the  judge  thereof,  such  jurisdiction  and  authority  shall 
hereafter,  while  such  law  continues  in  force,  be  vested  in  and  exercised  by  the 
superior  court  of  such  county,  or  by  a  judge  thereof. 

§  2.  If  any  judge  of  the  superior  court  of  any  county  was  the  judge  of  the 
county,  probate,  or  district  court,  in  and  for  said  county,  on  the  first  day  of 
January,  eighteen  hundred  and  eighty,  and  any  cause,  proceeding,  or  motion, 
wholly  or  partially  tried  before  him,  remains  undecided,  the  superior  court, 
when  presided  over  by  him,  may  resume  the  consideration  or  trial  of  such 
cause,  proceeding,  or  motion,  at  the  stage  where  it  was  suspended  in  such 
probate,  county,  or  district  court,  and  may  complete  such  trial  or  hearing, 
or  determine  such  cause,  motion,  or  proceeding,  as  if  the  same  had  first  been 
brought  or  made  in  such  superior  court. 

§  3.     This  act  shall  take  effect  immediately. 

Smith  vs.  Hill,   89  Cal.  122-128,   26  Pac.  Rep.   644. 
See    tits.   New   Counties;   Seal;   Process;   "Writs. 

COURTS— SUPERIOR— SECRETARY. 

Authorizing  the  judges  of  the  superior  courts,  in  all  counties,  and  cities  and 
counties,  having  a  population  of  two  hundred  thousand  and  over  to  ap- 
point a  secretary. 

(Stats.  1895,  98,  eh.  CVII.) 

§  1.  In  all  counties,  and  cities  and  counties,  having  a  population  of  two 
hundred  thousand  inhabitants  and  over,  the  judges  of  the  superior  court  in 
such  counties,  and  cities  and  counties,  may  appoint  a  secretary,  who  shall 
receive  a  salary  of  one  hundred  and  fifty  ($150)  dollars  per  month,  and  hold 
office  at  their  pleasure,  and  shall  perform  such  duties  as  may  be  required  of 
him  by  the  court  or  the  judges  thereof.  Said  salary  shall  be  audited,  allowed, 
and  paid  out  of  the  general  fund  of  such  counties,  and  cities  and  counties. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

COYOTE  SCALPS. 

See  State  of  California — Actions  Against. 

CRANES— KILLING  OF. 

The  Stats.  1889,  205,  to  prevent  destruction  of  blue  cranes,  has  been  carried  Into  the 
Penal  Code  by  Stats.   1905,    687. 

See  KERR'S  CYC.  PEN.  CODE  §§  599,  599a. 


344  CRESCENT    CITY    WATER    FRONT— DAIRIES. 

CRESCENT  CITY— WATER  FRONT. 

To  cede  certain  property  to  the  town  of  Crescent  City. 
(Stats.  1867-8,  335,  ch.  CCXCIX.) 

§  1.  The  state  of  California  hereby  grants  to  the  town  of  Crescent  City,  in 
the  county  of  Del  Norte,  the  entire  water  front  of  said  town,  and  all  of  the 
right,  title,  and  interest  of  the  said  state  in  and  to  all  of  the  lands  within 
the  corporate  limits  of  said  town  which  are  subject  to  overflow,  and  also  all  the 
right,  title  and  interest  of  the  said  state  in  and  to  all  of  the  land  covered  by 
water  in  front  of  said  town  out  to  where  the  water  is  eighteen  feet  deep  at  low 
tide. 

§  2.  The  said  water  front  and  overflowed  lands  herein  granted  shall  not 
be  subject  to  execution  upon  any  judgment  against  said  town,  but  may  be 
sold  from  time  to  time  by  the  authorities  of  said  town  in  such  manner  as  will 
be  most  to  the  interest  of  said  town  of  Crescent  City. 

§  3.  Said  cession  is  made  upon  the  express  condition  that  the  authorities 
of  said  town  of  Crescent  City  shall  not  sell  the  property  ceded  without  first 
giving  notice  of  said  sale,  by  publication  in  some  newspaper  published  in 
said  Del  Norte  County  (if  such  newspaper  there  be),  and  by  posting  notices 
in  three  of  the  most  public  places  in  said  town  of  Crescent  City,  for  thirty 
days  next  preceding  such  sale,  and  that  said  property  so  ceded  shall  be  sold 
at  public  auction  to  the  highest  bidder,  and  in  separate  lots  not  exceeding  in 
size  one  hundred  by  one  hundred  and  fifty  feet. 

§  4.  Any  person  who  has  erected  useful  and  substantial  buildings  upon 
any  property  ceded  to  the  town  of  Crescent  City  by  this  act,  and  who  believing 
that  he  had  a  good  title  to  such  property  by  virtue  of  a  purchase  from  the 
founders  of  said  town,  shall  have  the  privilege,  within  six  months  from  the 
passage  of  this  act,  of  purchasing  the  lots  on  which  they  have  built,  at  private 
sale,  from  the  proper  authorities  of  said  town  at  a  fair  valuation  without  the 
buildings,  such  valuation  to  be  determined  by  the  authorities  of  said  town. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

CRIMINAL  CAUSES— COSTS  ON  REMOVAL. 

Costs  of  on  removal  for  trial. — It  was  held,  in  Needham  vs.  Thresher,  49  Cal.  392,  that 
this  act  is  not  repealed  by  Penal  Code;  but  see  §§4335,  4336,  Pol.  Code,  and  §§229,  230, 
County  Government  Act.  It  is  deemed  unnecessary  to  publish  the  statute.-^Stats.  1851,  185, 
ch.  XVIII. 

CURRENCY— UNITED  STATES. 

See  Legal  Tender  Notes, 

DAIRIES— INSPECTION. 

To  provide  for  the  inspection  of  dairies,  factories  of  dairy  products,  and  of 
dairy  products  as  to  their  sanitary  condition  and  as  to  the  health  of  stock ; 
to  prevent  the  sale  of  milk  and  the  products  of  milk  drawn  from  diseased 
animals ;  to  prevent  the  spread  of  infectious  and  contagious  diseases  com- 
mon to  stock,  and  to  appropriate  money  therefor. 
(Stats.  1899,  171,  ch.  CXXXVI.) 

§  1.  No  person  or  persons,  firms  or  corporation,  shall  sell  or  offer  for  sale, 
or  have  in  his  or  their  possession  for  sale,  any  impure  or  unwholesome  milk, 


DAIRY    INSPECTION— DAIRY    BUREAU.  345 

or  any  article  of  food  mamifactured  therefrom,  or  of  any  cream  from  the 
same,  or  milk  drawn  from  cows,  either  fifteen  days  before  or  five  days  fol- 
lowing parturition,  or  from  cows  fed  on  unwholesome  food,  or  from  cows 
affected  with  any  disease  of  live  stock,  contagious,  infectious,  or  otherwise 
capable  of  producing  such  pathological  changes  as  will  cause  the  products 
from  said  animals  to  become  unwholesome  for  food. 

§  2,  It  shall  be  the  duty  of  the  state  dairy  bureau,  by  its  general  agent 
and  assistant  agents,  from  time  to  time,  as  may  be  required,  upon  complaint 
made  to  it  of  the  existence  of  any  disease  among  dairy  stock,  or  of  unsani- 
tary conditions,  as  mentioned  and  referred  to  in  this  act,  to  inspect  all  the 
dairies  and  creameries  in  the  state  so  complained  of,  and  to  carefully  investi- 
gate the  sanitary  conditions  of  the  same.  Said  bureau,  by  its  agents  and 
assistant  agents,  shall  at  the  same  time  inspect  all  cattle,  horses,  and  hogs, 
belonging,  in  use  by,  or  appurtenant  to  such  dairies  and  creameries,  for  infec- 
tious and  contagious  diseases,  such  as  are  enumerated  in  section  one  of  this 
act ;  and  after  such  inspection,  if  said  agent  or  assistant  agents  believes,  or  has 
reason  to  believe,  that  any  contagious  or  infectious  disease  exists  among 
the  stock  inspected,  he  shall  immediately  notify  the  state  veterinarian  of  the 
same,  setting  forth  the  facts  of  the  case,  and  he  shall  forthwith  act  upon  such 
report. 

§  3.  The  state  dairy  bureau  shall,  and  they  are  hereby  directed  to  appoint, 
from  time  to  time,  as  many  assistant  agents,  not  exceeding  twenty,  as  in  their 
judgment  may  be  required  to  carry  out  the  provisions  of  this  act,  and  to  fix 
their  compensation,  not  to  exceed  four  dollars  per  day  while  actually  em- 
ployed, exclusive  of  their  actual  and  necessary  expenses.  Whenever  compe- 
tent assistant  agents  can  be  found  in  counties  or  districts  where  such  inspec- 
tion is  to  be  made,  the  state  dairy  bureau,  by  its  general  agent,  shall  appoint 
an  assistant  agent  as  inspector,  who  is  not  an  owner  of  nor  interested  in  any 
dairy,  subject  to  the  approval  of  the  bureau,  and  such  appointment  shall  be 
entered  on  the  minutes  of  the  bureau;  provided,  that  such  assistant  agent 
shall  have  had  practical  experience  in  the  manufacture  of  dairy  products  and 
the  care  and  handling  of  stock. 

§  4.  All  persons  employed  by  the  bureau  to  carry  out  the  provisions  of 
this  act  shall  render,  under  oath,  to  the  state  dairy  bureau,  on  or  before  the 
fifth  day  of  each  and  every  month,  an  itemized  statement  of  the  number  of 
days  they  were  actually  employed  during  the  preceding  month;  also,  an 
itemized  statement  of  their  actual  expenses,  with  receipted  vouchers  attached 
thereto,  for  all  sums  exceeding  one  dollar,  excepting  railroad  fares. 

§  5.  Whenever  in  the  judgment  of  the  state  veterinarian  it  shall  for  the 
purposes  of  this  act  be  necessary  to  slaughter  any  animal  or  animals  reported 
to  him  by  said  agent  or  assistant  agent,  he  shall  certify  his  reasons  therefor  to 
the  agent  ordering  such  inspection.  The  agent  or  assistant  agent  shall  notify 
the  owner  or  owners,  or  the  person  or  persons  in  charge  of  the  animal  or  ani- 
mals, of  the  decision  of  said  state  veterinary  surgeon,  and  shall  order  the 
animal  or  animals  specified  in  the  veterinary  surgeon's  certificate  to  be 
slaughtered  immediately.  Any  animal  or  animals  so  slaughtered  shall  not 
be  sold  or  removed,  but  shall  be  destroyed  at  the  expense  of  the  owner  or 


346  DAIRY   BUREAU — INFECTIOUS    OR   CONTAGIOUS   DISEASE. 

owners,  or  the  person  or  persons  in  charge  of  such  animal  or  animals,  under 
the  direction  and  supervision  of  the  agent  or  assistant  agent  ordering  the 
animal  or  animals  slaughtered,  as  may  be  specified  by  the  state  veteri- 
narian. 

§  6,  Whenever  the  agent  or  assistant  agents  of  the  bureau  inspects  any 
dairy,  creamery,  or  any  other  place  where  milk  is  produced,  or  where  products 
are  manufactured  from  the  same,  including  barns,  corrals,  hog  yards,  and 
places  used  for  stock  purposes,  and  utensils  used  in  dairies  and  creameries, 
and  finds  the  same  not  in  good  sanitary  condition,  he  shall  direct  in  writing 
such  changes  to  be  made  as  will  put  the  same  in  good  sanitary  condition. 
Such  written  directions  shall  be  served  on  the  owner  or  owners,  or  upon  the 
person  or  persons  having  charge  of  the  premises,  giving  the  parties  so  noti- 
fied thirty  days  to  make  such  changes  as  directed.  If  such  changes  are  not 
made  within  thirty  days,  the  person  or  persons  refusing  or  neglecting  to 
make  such  changes  as  directed  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  as  hereinafter  prescribed. 

§  7.  Whenever  any  infectious  or  contagious  disease  affecting  dairy  stock 
shall  be  brought  into  or  break  out  in  this  state,  the  state  dairy  bureau,  by  its 
agent  and  assistant  agents,  shall  take  prompt  measures  to  suppress  the  same, 
and  to  prevent  such  disease  from  spreading,  and  for  that  purpose  shall  imme- 
diately notify  the  state  veterinarian,  and  he  shall  forthwith  inspect  the  matters 
so  reported  and  act  thereon. 

§  8.  The  agent  or  assistant  agents  shall  also  have  the  power  to  require 
each  and  every  person,  firm  or  corporation,  having  any  stock  in  his  or  their 
possession,  or  under  his  or  their  control,  to  drive  the  same  into  corrals  or 
small  inclosures,  for  the  purpose  of  inspection.  Said  agent  shall  give  at  least 
twenty-four  hours'  notice  to  the  parties,  of  the  time  he  requires  such  stock 
to  be  corralled;  provided,  that  where  it  is  impracticable  to  corral  stock  on 
large  stock  ranges,  the  owner  or  the  person  or  persons  having  control  of  the 
same  shall  go  with  the  agent  or  send  some  person  to  point  out  the  stock  to 
be  inspected. 

§  9.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every  county 
of  this  state,  upon  application  of  the  agent  or  assistant  agents  of  the  state 
dairy  bureau,  to  attend  to  the  prosecution,  in  the  name  of  the  state,  of  any 
action  brought  for  the  violation  of  any  of  the  provisions  of  this  act,  within 
his  district. 

§  10.  Any  person  or  persons,  firms  or  corporations,  refusing  or  neglecting 
to  comply  with  or  conform  to  the  provisions  of  this  act,  when  required  to  do 
so  by  the  agent  or  assistant  agents  of  the  state  dairy  bureau,  or  who  shall  in 
any  manner  interfere  with  them  in  the  performance  of  their  duties  under  this 
act,  shall  be  guilty  of  a  misdemeanor.  Whoever  shall  violate  any  of  the  pro- 
visions or  sections  of  this  act  shall  be  guilty  of  a  misdemeanor.  All  fines 
collected  under  the  provisions  of  this  act  shall  be  paid  to  the  agent  of  the  state 
dairy  bureau,  and  by  said  bureau  paid  into  the  state  treasury, 

§  11.  For  the  purpose  of  obtaining  accurate  information  regarding  the 
dairy  industries  of  the  state,  the  dairy  bureau  shall  annually  require  in  writ- 
ing from  each  owner  or  manager  of  a  dairy,  owning  or  controlling  any  dairy 


DAIRY    BUREAU— REGULATING    DAIRY    PRODUCTS.  347 

stock  exceeding  one  dozen  cows  in  number,  a  report  showing  location  of 
dairy,  number  and  breed  of  all  dairy  stock  in  use  or  appurtenant  thereto, 
together  with  such  other  pertinent  information  as  said  bureau  may  require. 
Information  thus  obtained  shall  be  embraced  in  the  annual  report  of  the 
dairy  bureau. 

§  12.  It  shall  be  the  duty  of  the  state  dairy  bureau  now  provided  by  law, 
by  its  general  agent,  to  enforce  the  provisions  of  this  act.  Such  agent  shall 
receive  an  additional  salary  of  fifty  dollars  per  month,  payable  out  of  the 
money  appropriated  for  the  enforcement  of  this  act. 

§  13.  There  is  hereby  appropriated  for  the  use  of  the  state  dairy  bureau, 
in  enforcing  and  carrying  out  the  provisions  of  this  act,  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated,  the  sum  of  one  thousand  dollars 
($1,000)  for  the  remainder  of  the  fiftieth  fiscal  year;  three  thousand  seven 
hundred  and  fifty  dollars  ($3,750)  for  the  first  six  months  of  the  fifty-first 
fiscal  year;  three  thousand  seven  hundred  and  fifty  dollars  ($3,750)  for  the 
last  six  months  of  the  fifty-first  fiscal  year;  and  five  thousand  dollars  ($5,000) 
for  the  fifty-second  fiscal  year. 

§  14.  All  salaries,  fees,  costs,  and  expenses  shall  be  drawn  from  the  money 
so  appropriated,  and  the  state  controller  shall  draw  his  warrant  on  the  state 
treasury  in  favor  of  the  person  or  persons  entitled  to  the  same ;  provided,  that 
the  state  board  of  examiners  are  hereby  specially  prohibited  from  granting 
or  allowing  any  deficiency  to  the  state  dairy  bureau  for  the  purposes  of  this 
act;  and  provided  further,  that  in  no  event  shall  there  be  more  agents  or 
assistant  agents  employed,  or  expenses  incurred  under  this  act  than  the 
appropriations  herein  made  will  pay  for  the  respective  periods  for  which  they 
are  made. 

§  15.     This  act  shall  take  effect  immediately. 

See  tits.  Butter;  Cheese;  Dairy  Products.  KERR'S  CYC.  PEN.  CODE  §  383a.  which  l3 
doubtless  intended  to  supersede  the  statute  of  1899,  25,  ch.  XXV,  to  prevent  the  sale  of 
process  or  renovated  butter.  The  statute  of  1905,  462,  post,  §§  4,  5,  6,  is  doubtless  intended 
also  to  supersede  the  statute  of  1899,  25. 

See  note  ante  p.  99. 

DAIRY  BUREAU. 

See  Butter;  Cheese;  Dairies,  ante. 

See  also  next  foUowing  statute. 

DAIRY  PRODUCTS— REGULATIONS. 

To  prevent  the  sale  of  dairy  products  from  unhealthy  animals  and  produced 
under  unsanitary  conditions ;  to  provide  for  the  inspection  of  dairy  stock, 
dairies,  factories  for  the  production  of  dairy  products  and  places  where 
dairy  products  are  handled  and  sold;  to  improve  the  quality  of  dairy 
products  of  the  state;  to  prevent  deception  in  the  sale  of  dairy  products 
and  to  appropriate  money  for  enforcing  its  provisions 

(Stats.  1905,  462,  ch.  CCCLXIX.) 

§  1.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  their 
agents  or  employees,  shall  sell,  expose  for  sale  or  offer  for  sale,  or  exchange, 
present  or  deliver  to  any  creamery,  cheese  factory,  milk  condensing  factory, 


348  aEGULATING     DAIRY     PRODUCTS— SANITATION. 

or  any  other  buyer  or  consumer,  any  unclean,  unwholesome,  stale,  impure 
milk,  cream,  butter,  condensed  or  evaporated  milk  or  other  article  produced 
from  such  milk  or  cream.  Neither  shall  any  person  or  persons,  firms  or  cor- 
porations, by  themselves  or  their  agents  or  employees,  sell,  expose  for  sale,  or 
offer  for  sale,  or  exchange,  present  or  deliver  to  any  consumer,  creamery, 
cheese  factory,  milk  condensing  factory,  or  any  other  buyer  or  consumer,  any 
milk,  cream,  butter,  cheese,  condensed  milk  or  other  products  manufactured 
therefrom,  which  has  been  produced  in  or  by  a  dairy,  or  factory  of  dairy 
products  or  that  is,  or  has  been,  handled  in  any  store  or  depot  that  is  in 
an  unsanitary  condition  or  that  is  produced  from  cows  affected  by  any  disease 
or  from  cows  within  five  days  after  or  fifteen  days  preceding  parturition. 

§  2.  A  dairy  shall  be  deemed  unsanitary  under  the  meaning  of  this  act 
when,  among  other  causes  that  render  milk,  or  products  made  therefrom, 
unclean,  unwholesome,  impure,  and  unhealthy. 

(b)  If  the  drinking  water  is  stagnant,  polluted  with  manure,  urine,  drain- 
age, decaying  vegetable  or  animal  matter. 

(c)  If  the  yards  or  inclosures  are  filthy  or  unsanitary  or  if  any  part  of 
such  yards  or  inclosures,  other  than  pastures,  are  made  the  depositories  of 
manure  in  heaps  or  otherwise  where  it  is  allowed  to  ferment  and  decay. 

If  the  walls  become  soiled  with  manure,  urine  or  other  filth. 

(g)  If  to  the  interior  of  cattle  stables,  barns  or  milking  sheds  an  application 
of  lime  whitewash  is  not  made  at  least  once  in  two  years,  or  if  in  the  mangers, 
or  other  receptacles  from  which  cows  are  fed,  decaying  food  or  other  material 
is  allowed  to  accumulate. 

(i)  If  the  pails,  cans,  bottles  or  other  containers  of  milk,  or  its  products, 
strainers,  coolers  or  other  utensils  coming  in  contact  with  the  milk  or  its 
products  are  not  sterilized  by  boiling  water  or  superheated  steam  each  and 
every  time  the  same  are  used. 

(j)  If  the  person  or  wearing  apparel  of  the  dairyman,  his  employees,  or 
other  persons,  who  come  in  contact  with  milk  and  its  products,  are  soiled  or 
not  washed  from  time  to  time. 

§  3.  A  creamery  or  any  factory  of  dairy  products  or  any  store,  depot,  or 
other  place  where  milk  is  handled  or  kept  for  sale  shall  be  deemed  unsanitary 
under  the  meaning  of  this  act  when,  among  other  causes  that  render  milk,  or 
products  made  therefrom,  unclean,  unwholesome,  impure,  stale  or  of  low  grade 
or  inferior  quality. 

(a)  If  milk  or  cream  is  received  that  has  reached  an  advanced  stage  of 
fermentation,  or  that  shoM^s  a  state  of  putrefactive  fermentation,  or  if  it  is 
received  in  cans  or  other  containers  that  have  not  been  sterilized  by  means  of 
boiling  water  or  superheated  steam  after  each  delivery. 

(b)  If  the  utensils  and  apparatus  that  comes  in  contact  with  milk  or  its 
products  in  process  of  manufacture  are  not  thoroughly  washed  and  sterilized 
by  means  of  boiling  water  or  superheated  steam. 

(c)  If  the  floor  is  so  constructed  that  permits  the  flowing  or  soaking  of 
water,  milk  or  other  liquids  underneath  or  among  the  interstices  of  such  floor 
where  fermentation  and  decay  may  take  place  or  if  such  floor  may  not  be 
readily  kept  free  from  dirt. 


DAIRY    PRODUCTS — ADULTERATION.  849 

(d)  If  drains  are  not  provided  that  will  convey  refuse  milk,  water  and 
sewage  at  least  fifty  yards  from  such  creamery  or  factory  of  dairy  products 
or  if  any  cesspool,  privy  vault,  hog  yard,  slaughter-house,  manure  or  any 
decaying  vegetables  or  animal  matter  shall  be  within  a  distance  that  will 
permit  foul  odors  from  reaching  any  creamery  or  other  factory  of  dairy 
products  or  store  or  depot  where  milk  or  its  products  is  sold  or  handled. 

(e)  If  such  creamery  or  factory  of  dairy  products,  does  not  permit  access 
of  light  and  air  sufficient  to  secure  good  ventilation, 

(f )  If  in  any  building  or  buildings  used  in  connection  with  any  creamery,  or 
factory  of  dairy  products,  any  insects  or  other  species  of  animal  life  are  per- 
mitted or  if  upon  the  floor,  the  sides  and  walls  any  milk  or  its  products,  or  if 
any  other  filth  is  allowed  to  accumulate  and  ferment  and  decay  or  if  the  bodies 
or  wearing  apparel  of  persons  employed,  or  coming  in  contact  with  any 
milk  or  its  products  in  any  creamery,  or  factory  of  any  dairy  products,  shall 
be  unclean  and  not  washed  from  time  to  time. 

§  4.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  their 
agents  or  employees,  shall  sell,  expose  for  sale,  or  exchange,  present  or  de- 
liver to  any  creamery,  cheese  factory,  milk  condensing  factory,  ice-cream 
producer,  or  any  other  buyer,  or  consumer,  any  milk,  or  any  product  manu- 
factured or  prepared  therefrom,  to  which  any  compound  containing  salicylic 
acid,  formaldehyde,  coloring  matter  or  any  other  chemical  or  preparation 
other  than  common  salt,  or  sodium  chloride,  shall  have  been  added  with  intent 
to  prevent  fermentation,  or  to  change  the  color  (in  case  of  milk  and  cream)  ; 
provided,  that  such  person  or  persons,  firms  or  corporations  or  their  agents 
or  employees  may  use  preparations  of  boron  to  prevent  fermentation  in  milk 
or  its  products,  but  whenever  any  preparation  of  boron  is  used  for  such  pur- 
pose, each  and  every  package  or  container  of  milk  or  its  products  shall  have 
plainly  marked  thereon,  the  fact  that  it  contains  such  preparation  of  boron. 

Neither  shall  any  gelatin,  or  other  substance,  be  added  to  milk  or  cream 
with  intent  to  increase  its  viscosity  or  otherwise  cause  it  to  appear  better  in 
quality  than  it  is,  except  each  and  every  package  and  container  of  such  milk 
or  cream  shall  have  marked  thereon  in  a  manner,  or  be  accompanied  by  a 
statement,  to  be  prescribed  by  the  state  dairy  bureau,  showing  the  nature 
of  the  substance  added;  provided,  that  this  section  shall  not  be  construed  to 
prevent  the  use  of  harmless  coloring  matter  in  butter,  ice-cream  or  confec- 
tionery into  which  milk  or  its  products  enter. 

§  5.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  their 
agents  or  employees,  shall  manufacture  for  sale,  ofiier  for  sale,  expose  for  sale, 
or  have  in  his  or  their  possession  for  sale,  any  package  of  butter  upon  which,  or 
upon  the  wrapper  or  container  of  which,  there  shall  be  printed,  or  otherwise 
marked,  the  word  pasteurize  or  any  of  its  derivatives  unless  in  the  process  of  the 
manufacture  of  the  butter  contained  therein  either  the  milk  or  cream  fiwm 
which  the  same  was  made  shall  have  been  exposed  to  a  temperature  exceeding 
one  hundred  and  fifty  degrees  Fahrenheit. 

§  6.  In  case  any  butter  is  sold  or  offered  for  sale  in  a  package  or  wrapper 
purporting  to  designate  the  producer  of  such  butter,  such  producer  must  be 
correctly  designated;  and  if  under  a  label  purporting  or  calculated  to  desig- 


350  DAIRY   BUREAU— DUTIES    OF— STATISTICS. 

nate  the  place  of  production,  specifying  county  and  state,  must  be  correctly 
designated.  No  person,  firm  or  corporation  shall  put  up  in  package  or  wrap- 
per or  otherwise  prepare  for  shipment  or  sale  any  butter  under  label  purport- 
ing to  designate  the  producer  or  place  of  production,  except  in  accordance 
with  the  provisions  herein;  nor  shall  any  person  sell  or  oifer  for  sale  any 
butter  in  a  package  or  wrapper  purporting  to  designate  the  name  of  the  pro- 
ducer or  the  place  of  production  except  in  accordance  with  the  provisions 
herein. 

§  7.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing  under  the 
laws  of  this  state,  to  carry  out  and  enforce  the  provisions  of  this  act,  and  it  is 
authorized  and  directed  under  this  act  out  of  the  money  appropriated  as  pro- 
vided herein,  to  employ  such  assistant  agents  as  inspectors  as  it  may  deem 
necessary  and  to  fix  their  compensation  not  to  exceed  four  dollars  per  day, 
exclusive  of  their  necessary  and  actual  expenses,  such  expenses  to  be  itemized 
and  rendered  under  oath,  or  one  hundred  dollars  per  month  exclusive  of  their 
necessary  and  actual  expenses.  Such  agents  shall  have  had  experience  in 
the  manufacture  of  dairy  products  and  the  handling  of  dairy  cattle.  In 
carrying  out  the  provisions  of  this  act  the  secretary  and  agent  of  the  state 
dairy  bureau  shall  receive,  in  addition  to  the  salary  now  received  under 
the  provisions  of  the  act  creating  said  state  dairy  bureau,  such  additional 
compensation  as  the  dairy  bureau  may  see  fit,  but  not  to  exceed  one  hundred 
dollars  per  month  to  be  drawn  from  the  amount  appropriated  herein.  The 
state  dairy  bureau  through  its  agent  and  secretary,  and  assistant  agents  shall 
inspect  the  dairies,  dairy  cattle,  creameries  and  other  factories  of  dairy 
produfcts,  markets  and  other  places  where  dairy  products  are  prepared  or 
handled,  and  keep  a  careful  record  of  such  inspection  and  report  the  same 
to  the  state  dairy  bureau,  and  upon  evidence  obtained  that  any  of  the  pro- 
visions of  this  act  are  being  violated,  the  state  dairy  bureau,  through  its  agent 
and  secretary,  or  its  assistant  agents,  shall  duly  enter  complaint  against  the 
party  or  parties,  responsible  for  such  violations  and  cause  the  same  to  be 
prosecuted,  except  in  cases  where  any  dairy,  creamery  or  other  factory  of 
milk  products  or  store  or  depot  where  milk  and  its  products  are  handled  and 
sold,  is  found  to  be  in  an  unsanitary  condition,  in  which  case  the  agent  and 
secretary,  or  the  assistant  agent,  for  the  district  in  which  the  violation 
occurred,  shall  serve  upon  the  owner,  or  owners,  or  person  in  charge  of  the 
dairy,  creamery  or  other  factory  of  milk  products  so  found  to  be  in  an  unsani- 
tary condition,  a  written  notice  specifying  in  detail  such  changes  that  are  to 
be  made  that  will  place  such  dairy,  creamery,  or  other  factory  of  milk  prod- 
ucts or  store  or  depot  in  a  sanitary  condition  as  defined  in  this  act.  Should 
such  changes  not  have  been  made  at  the  expiration  of  thirty  days  after  the 
date  when  the  notice  was  served,  the  state  dairy  bureau,  through  its  agent 
and  secretary,  or  its  assistant  agents,  shall  enter  complaint  against  the  person 
or  persons  responsible  for  such  unsanitary  conditions  and  cause  them  to  be 
prosecuted  for  violating  this  act. 

§  8.  The  state  dairy  bureau  is  authorized  under  this  act  to  gather  and  com- 
pile statistics  relative  to  the  dairy  industry  and  to  disseminate  the  same  and 
other  information  useful  to,  and  to  the  general  good  and  development  of  the 
dairy  industry  of  the  state. 


DAIRY    LAW,    PENALTY    FOR    VIOLATION    OF— DAY    OF    REST.  351 

§  9.  "Whenever  any  agent  or  inspector  of  the  state  dairy  bureau  shall  dis- 
cover the  existence  of  any  contagious  or  infectious  disease  among  dairy  cattle, 
or  have  good  reason  to  believe  that  such  disease  may  exist  the  same  shall 
be  immediately  reported  to  the  state  veterinarian. 

§  10.  Whoever  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  ten  dollars  nor  more  than  two  hundred  dollars  or  by 
imprisonment  in  the  county  jail  for  a  period  of  not  less  than  ten  days  nor 
more  than  one  hundred  days,  or  by  both  such  fine  and  imprisonment.  Any 
person  or  persons  who  shall  hinder  or  prevent  an  agent  or  inspector  of  the 
state  dairy  bureau,  in  the  performance  of  his  duty  under  this  act,  shall  like- 
wise be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined 
as  already  provided  in  this  act.  One  half  of  all  fines  imposed  for  the  violation 
of  this  act  shall  be  paid  to  the  state  dairy  bureau  which  shall  pay  the  same 
to  the  state  treasurer  and  the  same  shall  become  a  part  of  the  appropriation 
under  this  act.  The  remaining  one  half  of  such  fine  shall  be  paid  to  the  county 
in  which  the  fine  is  imposed. 

§  11.  It  shall  be  the  duty  of  the  district  attorney,  upon  application  of  the 
state  dairy  bureau,  through  its  agent  and  secretary,  or  assistant  agents  to 
attend  to  the  prosecution,  in  the  name  of  the  people,  of  any  suit  brought 
for  the  violation  of  any  of  the  provisions  of  this  act  within  his  district. 

§  12.  There  is  hereby  appropriated  for  the  use  of  the  state  dairy  bureau  in 
enforcing  and  carrying  out  the  provisions  of  this  act,  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  the  sum  of  one  thousand  five  hun- 
dred dollars  ($1,500)  for  the  remainder  of  the  fifty-sixth  fiscal  year;  five 
thousand  dollars  ($5,000)  for  the  fifty-seventh  fiscal  year  and  five  thousand 
dollars  ($5,000)  for  the  fifty-eighth  fiscal  year.  All  salaries,  fees,  costs  and 
expenses  shall  be  drawn  from  the  money  so  appropriated,  and  the  state  con- 
troller shall  draw  his  warrant  on  the  state  treasury  in  favor  of  the  person 
or  persons  entitled  to  the  same. 

§  13.  An  act  approved  March  twenty-two,  eighteen  hundred  and  ninety- 
nine,  entitled  "An  act  to  provide  for  the  inspection  of  dairies,  factories  of 
dairy  products,  and  of  dairy  products  as  to  their  sanitary  condition,  and  as 
to  the  health  of  stock;  to  prevent  the  sale  of  milk  and  products  of  milk  drawn 
from  diseased  animals;  to  prevent  the  spread  of  infectious  and  contagious 
diseases  common  to  stock,  and  to  appropriate  money  therefor,"  and  all  other 
acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  14.     This  act  shall  take  effect  thirty  days  after  its  passage. 

See    tits.    Butter,   Deception   In;   Dairies,  Inspection   o£. 

See  also  note  ante  p.  99. 

DAY  OF  REST. 

To  provide  for  a  day  of  rest  from  labor. 
(Stats.  1893,  54,  ch.  XLI.) 

§  1.  Every  person  employed  in  any  occupation  of  labor  shall  be  entitled 
to  one  day's  rest  therefrom  in  seven ;  and  it  shall  be  unlawful  for  any  employer 
of  labor  to  cause  his  employees,  or  any  of  them  to  work  more  than  six  days 


352  DAY    OF    REST— DEAF,    DUMB    AND    BLIND. 

in  seven ;  provided,  however,  that  the  provisions  of  this  section  shall  not  apply 
to  any  ease  of  emergency. 

§  2.  For  the  purposes  of  this  act,  the  term  day's  rest  shall  mean  and  apply 
to  all  cases,  whether  the  employee  is  engaged  by  the  day,  week,  month,  or 
year,  and  whether  the  work  performed  is  done  in  the  day  or  night  time. 

§  3.  Any  person  violating  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor. 

§  4.  This  act  shall  take  effect  and  be  in  force  thirty  days  from  and  after 
its  passage. 

DEAF,  DUMB  AND  BLIND. 

Establishing  an  industrial  home  of  mechanical  trades  for  the  adult  blind  of  the 
state  of  California,  creating  a  board  of  directors  for  the  government  thereof, 
and  appropriating  the  sum  of  sixty-five  thousand  dollars  for  the  support  of 
said  home. 
(Stats.  1887,  160,  ch.  CXLVIII;  amended  1889,  147,  ch.  CXXXVII.) 

Article  I. 
§  1.  The  sum  of  sixty-five  thousand  dollars  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to  be  placed  by 
the  state  controller  to  the  credit  of  the  fund  hereafter  to  be  known  and  designated 
as  "The  Fund  of  the  Industrial  Home  of  the  Adult  Blind,"  and  to  be  expended 
for  the  objects  and  in  the  manner  hereinafter  specified. 

§  2.  The  said  appropriation  is  for  the  purpose  of  teaching  and  supporting 
the  adult  blind  that  may  be  admitted  to  the  "home,"  and  for  providing  the 
material  for  the  workshops,  the  cost  of  additional  machinery  for  the  same,  the 
payment  of  all  persons  employed  at  the  home,  and  for  all  legitimate  expense  of 
maintaining  the  institution  hereinbefore  named. 

§  3.  All  moneys  drawn  from  this  fund  shall  be  drawn  only  when  bills  have 
been  ordered  paid  by  the  board  of  directors  of  the  home,  and  approved  in  writ- 
ing by  the  state  board  of  examiners;  and,  when  so  approved,  the  state  con- 
troller must  issue  his  warrant  in  payment  thereof,  and  the  state  treasurer  must 
pay  the  same. 

§  4.  The  governor  of  the  state  shall  appoint  five  citizens  of  the  state,  who 
shall  organize  as  and  constitute  the  board  of  directors  for  the  Home  for  Adult 
Blind. 

§  5.  The  home  shall  be  located  at  such  a  place  as  the  board  of  directors  may 
designate. 

Article  II. 
§  1.  The  objects  of  the  industrial  home  are :  First,  to  instruct  the  adult  blind 
that  may  be  admitted  as  inmates  in  some  trade  or  trades,  in  order  to  enable  them 
to  contribute  to  their  own  support;  and,  second,  to  furnish  a  working  home  for 
the  adult  blind,  who,  after  having  learned  a  trade  or  trades,  desire  to  remain  at 
the  home  as  workmen ;  provided,  that  all  of  the  latter  cla.ss  who  remain  shall  pay 
to  the  state,  through  the  board  of  directors,  the  cost  of  their  maintenance  at  the 
home.  The  rate  of  wages  to  be  paid  to  these  journeymen,  as  well  as  the  amount 
which  they  must  pay  for  their  maintenance,  .shall  be  fixed  by  the  board. 


IIVDUSTRIAL.    HOMK    FOR    BLIND — OFFICERS    AND    SALARIES.  853 

§  2.  Every  blind  person  who  has  been  a  resident  of  this  state  for  the  period 
of  three  years  prior  to  his  application  for  admission,  of  suitable  age,  character, 
and  qualifications  (as  hereinafter  provided)  shall  be  entitled  to  the  benefits  of 
instruction  in  said  home  free  of  charge;  provided,  that  the  board  of  directors 
may  admit  blind  persons  from  other  states;  but  the  admission  of  such  blind 
persons  shall  be  made  under  such  conditions  only  as  shall  not  entail  cost  on  this 
state,  and  provided  further,  that  the  admission  of  persons  not  residents  of  this 
state  shall  in  no  case  be  allowed,  if  such  admission  would  exclude  a  qualified 
blind  resident  of  this  state. 

§  3.  The  salaries  of  the  superintendent,  secretary  and  physician,  and  all 
other  expense  accounts,  including  the  wages  of  workmen  at  trades,  and 
employees,  must  be  paid  monthly  out  of  the  moneys  appropriated  by  the  legisla- 
ture for  the  support  of  the  home,  or  from  accumulations  from  the  industries  of 
the  home,  or  from  donations  and  bequests  to  the  home,  made  without  restraining 
conditions,  whenever  resort  to  said  donations  or  bequests  be  necessary.  All  such 
claims  in  said  expense  account,  excepting  salaries  of  said  officers,  shall  be  first 
approved  by  the  board  of  directors,  and  shall  be  so  indorsed  by  the  secretary  and 
attested  by  the  president,  and  shall  immediately  thereafter  be  sent  forward  to 
the  secretary  of  the  state  board  of  examiners.  When  the  claims  have  been 
approved  by  the  said  board  of  examiners,  the  controller  must  issue  his  warrant 
therefor,  directed  to  the  state  treasurer,  in  favor  of  the  board  of  directors.  The 
state  treasurer  is  authorized  to  pay  such  warrant  only  when  indorsed  by  the 
secretary,  and  attested  by  the  president  of  the  board.  No  claim  for  wages  of 
employees  or  workmen  at  trades  shall  be  audited  by  the  board  of  directors  .until 
having  first  received  from  the  foreman  his  monthly  time  certificate,  duly  verified 
by  his  oath,  and  stating  the  amount  of  labor  performed  by  the  employee  or 
workman.     [Amendment,  Stats.  1889,  147.] 

§  4,  The  official  bonds  hereinafter  required  must  be  approved  by  the  board 
of  directors,  and  filed  and  recorded  in  the  office  of  the  secretary  of  state.  The 
approval  of  the  bond  must  be  by  indorsement  thereon  by  the  president,  and 
reference  thereon  made  by  the  secretary  to  said  action  of  the  board. 

Article  III. 
§  1.  The  powers  and  duties  of  the  board  of  directors  shall  be  as  follows : 
First — To  make  by-laws,  not  inconsistent  with  the  provisions  of  this  act  and 
the  laws  of  this  state,  for  their  own  government  and  the  government  and  direc- 
tion of  the  home,  and  to  admit  suitable  persons  as  inmates  thereof.  And  in  the 
admission  of  inmates  the  board  of  directors  shall  have  regard  to  an  equitable 
representation  from  each  county  in  the  state. 

Second — To  designate  the  trades  that  shall  be  regularly  taught  in  the  said 
institution. 

§  2.  First — To  elect  a  general  superintendent  and  all  subordinate  officers 
and  employees,  and  to  determine  the  number  of  subordinate  officers  and 
employees  when  not  otherwise  fixed  in  this  act. 

Second — To  elect  a  physician  who  shall  not  be  a  member  of  the  board  of 
directors,  and  whose  salary  shall  not  exceed  twelve  hundred  dollars  per  annum. 

Third — To  elect  a  secretary,  whose  salary  shall  not  exceed  six  hundred  dollars 

Gen.    Laws — 23 


354  INDUSTRIAL    HOME     FOR    BLIND — REPORT — DIRECTORS. 

per  annum,  and  who  shall  be  required  to  give  a  bond  in  the  sum  of  five  thousand 
dollars.     [Amendment,  Stats.  1889,  147.] 

§  3.  To  prescribe  in  particular  the  duties  of  the  superintendent,  physician, 
and  secretary. 

§  4.  To  make  inquiry  into  the  department  of  labor  and  expense,  the  condi- 
tion of  the  home  and  its  prosperity,  and  to  employ  all  reasonable  means  to  make 
the  same  self-supporting. 

§  5.     To  hold  stated  meetings  at  the  home  at  least  once  in  every  month. 

§  6.  To  keep  at  the  home  a  record  of  their  proceedings  which  shall  be  acces- 
sible to  the  public  during  the  hours  from  nine  a.  m.  to  four  p.  m.,  excepting  on 
legal  holidays. 

§  7.  To  report  annually  in  the  month  of  December,  to  the  governor,  a  state- 
ment of  receipts  and  expenditures,  the  condition  of  the  home,  the  number  of  the 
inmates,  and  the  number  of  beneficiaries  doing  work  at  their  own  residences,  and 
such  other  matters  touching  the  management  of  the  home  as  they  may  deem 
proper.  The  annual  report  must  be  verified  by  the  oath  of  the  president  of  the 
board  of  directors.  The  superintendent  of  state  printing  is  hereby  authorized  to 
print  annually  two  thousand  copies  of  said  report,  which  copies  the  board  must 
circulate  in  the  manner  appearing  to  them  to  be  in  the  best  interests  of  the  home. 

§  8.  The  board  of  directors  is  empowered  to  purchase,  from  time  to  time, 
such  material  as  may  be  suitable  to  the  requirements  of  the  manufacturing  and 
other  departments  of  the  home,  and  to  audit  the  bills  therefor,  and  to  forward 
the  same  to  the  state  board  of  examiners.  Wlien  approved  by  said  state  board, 
the  controller  must  issue  his  warrants  in  payment  thereof.  All  purchases  shall 
be  made  as  provided  in  section  twenty  of  this  article. 

§  9.  The  board  of  directors  is  empoAvered  and  authorized  to  fix  the  market 
price  of  all  wares  manufactured  in  the  home,  and  all  wares  manufactured  else- 
where by  the  non-resident  beneficiaries,  and  to  provide  for  and  regulate  the  sale 
of  all  such  manufactured  wares.  The  board  is  hereby  authorized  to  fix  the  com- 
pensation of  common  laborers  and  all  other  employees  at  the  home,  whose  wages 
are  not  herein  established. 

§  10.  It  shall  not  be  a  condition  for  the  admission  of  any  applicant  that  he 
be  of  such  physical  strength  as  to  be  able  to  work  every  day.  And  the  board  is 
authorized  to  receive  and  maintain  at  the  home,  free  of  charge,  or  at  a  nominal 
charge,  such  aged  and  enfeebled  blind  persons  as  seem  to  them  proper,  and  not 
in  conflict  with  the  interests  of  the  home. 

§  11.  The  board  of  directors  is  authorized  and  empowered  to  grade  and  fix 
the  prices  of  skilled  and  unskilled  labor.  The  board  may  fix  the  amount  of  work 
required  in  the  various  departments  to  constitute  a  day's  labor,  and,  in  accord- 
ance with  such  regulations,  may  permit  inmates  to  work  at  piece-work. 

§  12.  The  board  of  directors  may  authorize  work  to  be  let  out  to  blind  people, 
so  that  such  beneficiaries  as  in  their  judgment  may  require  it,  shall  receive  it  at 
their  residence;  and  for  such  piece-work  liberal  prices  shall  be  paid,  so  as  to 
equal,  as  nearly  as  possible,  the  compensation  of  resident  laborers.  But  in  no 
case  shall  the  board  incur  any  indebtedness  for  labor  contracts  with  beneficiaries, 
resident  or  otherwise,  except  when  there  is  sufiicient  money  on  hand  to  pay  the 
same. 


INDUSTKIAL.  HOME:  FOR  BLIND — POWERS   AND  DUTIES   OF   BOARD.  355 

§  13.  The  board  shall  provide  dormitories  for  males  and  female?  in  separate 
apartments,  and  may  prescribe  conditions,  not  inconsistent  with  the  provisions 
of  this  act,  for  the  admission  of  applicants. 

§  14.     The  directors  shall  receive  no  compensation  for  their  services. 

§  15.  The  board  of  directors  of  the  Industrial  Home  of  Mechanical  Trades 
for  the  Adult  Blind  of  the  State  of  California  is  hereby  authorized  and  empow- 
ered to  take,  receive,  manage,  and  invest  all  moneys  or  property  hereafter 
bequeathed  or  donated  to  said  home,  in  accordance  with  the  wishes  of  the  testa- 
tor or  donor ;  or,  if  no  conditions  are  attached  to  the  bequests  or  donations,  then 
to  invest  such  moneys  or  proceeds  of  property  for  the  best  interests  of  the  home ; 
provided,  that  if  any  donation  or  bequest  be  trammeled  with  any  religious  con- 
ditions of  a  sectarian  character,  or  conditioned  in  any  manner  antagonistic  to  the 
provisions  of  this  act,  or  in  conflict  with  any  necessary  rule  or  regulation  of  the 
home,  the  board  may  refuse  to  accept  such  donation  or  bequest,  and  is  hereby 
authorized  to  reject  the  same.  Donations  or  bequests  may  be  received  by  the 
state  treasurer,  or  by  the  president  of  the  board  of  directors;  but  no  donations 
or  bequests  accompanied  by  any  condition  shall  be  received  until  such  donation 
or  bequest  shall  have  been  ordered  approved  and  received  by  the  board,  and 
notice  thereof  given  by  the  secretary  to  the  state  controller.  Any  bequest  or 
donation  received  or  collected  by  the  president  of  the  board  must  be  immediately 
paid  over  by  him  to  the  state  treasurer,  and  at  the  same  time  the  president  must 
forward  to  the  state  controller  a  statement  thereabout  verified  by  his  oath.  All 
moneys  received  by  the  state  treasurer  must  be  placed  to  the  credit  of  the  "Fund 
of  the  Industrial  Home  of  Adult  Blind."  The  investment  of  funds  by  the  board 
can  be  made  only  in  the  same  manner  as  the  approval  of  claims,  subject  like- 
wise to  the  action  of  the  state  board  of  examiners  thereon. 

§  16.  It  shall  be  the  duty  of  the  president  of  the  board  to  make  careful  and 
diligent  inquiry  into  the  general  management  of  the  home,  and  to  report  the 
result  thereof  at  each  meeting  of  the  board,  together  with  such  recommendations 
as  he  may  wish  to  make  concerning  the  management  of  the  home. 

§  17.  Every  officer  and  employee  of  the  home,  and  any  other  person  acquir- 
ing possession,  by  any  means  whatever,  of  moneys  belonging  to  the  home,  must, 
at  the  close  of  each  and  every  month,  deliver  the  same  to  the  board  of  directors, 
accompanied  by  a  statement  thereabout,  verified  by  his  oath,  taking  the  secre- 
tary's receipt  therefor.  The  board  of  directors  must,  at  least  once  in  every 
month,  forward  to  the  state  treasurer  all  moneys  in  their  charge  belonging  to 
the  home.  The  secretary  of  the  board  must  at  the  same  time  forward  to  the  state 
controller  a  statement  thereabout,  verified  by  his  oath.  All  such  moneys  re- 
ceived by  the  state  treasurer  must  be  placed  to  the  credit  of  the  ''Fund  of  the 
Industrial  Home  of  Adult  Blind." 

§  18.  Immediately  upon  the  election  or  dismissal  of  any  officer,  whose  salary 
is  fixed  by  the  provisions  of  this  act,  the  board  must  cause  the  secretary  to  for- 
ward to  the  controller  of  state  a  certified  copy  of  the  resolution  of  said  election 
or  dismissal,  which  the  controller  must  file  in  his  office. 

§  19.  The  president  of  the  board  shall  appoint  all  committees  unless  other- 
wise ordered  by  the  board,  and  he  shall  be  ex  officio  a  member  of  each  of  the 
standing  committees. 


356  INDUSTRIAL,   HOME   FOR   BLIND— SUPERINTENDENT,    POWERS,   ETC. 

§  20.  The  board  of  directors  are  authorized  and  required  to  contract  for  pro- 
visions, fuel,  and  all  other  supplies  needed  for  any  period  of  time  not  exceeding 
one  year ;  and  such  contracts  shall  be  limited  to  bona  fide  dealers  in  the  several 
classes  of  articles  contracted  for.  Such  contracts  shall  be  given  to  the  lowest 
responsible  bidder,  at  a  public  letting  thereof,  if  the  price  bid  is  fair  and  not 
greater  than  usual  market  prices.  Each  bid  shall  be  accompanied  by  such  secur- 
ity as  the  board  shall  require.  Notice  of  the  time,  place,  and  letting  of  each 
contract  shall  be  given  for  at  least  two  consecutive  weeks  in  a  daily  paper  pub- 
lished in  the  city  of  San  Francisco,  and  in  one  newspaper  published  in  the  city 
or  town  where  the  home  is  located.  If  all  the  bids  at  any  letting  are  deemed  by 
the  board  unreasonably  high,  the  board  may  decline  to  contract,  and  may  again 
advertise  for  proposals,  and  so  continue  to  renew  the  advertisement  until  satis- 
factory contracts  are  made;  and  in  the  meantime  the  board  may  contract  with 
any  person  whose  contract  is  just  and  equitable,  but  no  contract  thus  made  shall 
extend  beyond  sixty  days.  No  bid  shall  be  accepted  when  such  bid  is  higher  than 
any  other  bid,  made  at  the  same  letting,  for  the  same  class  or  schedule  of  articles. 
When  two  or  more  bids  are  equal  in  amount,  the  board  may  divide  the  contract 
between  the  bidders. 

§  21.  The  board  shall  designate  the  number  of  employees,  prescribe  their 
duties,  and  fix  their  compensation.  All  employees  shall  be  appointed  by  the 
superintendent,  subject  to  the  approval  of  the  board. 

Article  IV, 

The  superintendent  shall  be  the  chief  executive  officer  of  the  home,  with  duties 
and  powers  as  follows : 

First — To  superintend  the  grounds,  buildings,  workshops,  manufacturing 
departments,  and  property  of  the  home. 

Second — To  certify  to  tin  board  of  directors  the  number  of  instructors  and 
employees  needed  in  the  manufacturing  departments,  and  to  recommend  to  the 
board  the  appointment  of  suitable  persons  for  these  positions. 

Third — To  dismiss  any  domestic,  servant,  or  person  employed  at  the  home — 
other  than  an  instructor  or  an  employee  in  the  manufacturing  department — 
whenever  in  his  judgment  the  good  of  the  home  demands  it. 

Fourth — To  prescribe  and  enforce  the  duties  of  all  instructors,  employees, 
domestics,  servants,  and  laborers  employed  at  the  home. 

Fifth — To  admit  inmates  only  upon  the  certificate  of  the  attending  physician, 
or  by  order  of  the  board,  as  hereinafter  provided;  to  control  the  inmates,  and 
to  prescribe  and  enforce  a  system  of  instruction  and  labor. 

Sixth — To  suspend  any  instructor  or  employee  pending  a  recommendation  to 
the  board  for  his  permanent  dismissal,  and  to  appoint  substitutes  during  the 
absence  of  any  or  all  employees. 

Seventh — Pending  a  recommendation  to  the  board  for  his  final  dismissal,  to 
suspend  the  privileges  of  and  to  remove  from  the  premises  any  inmate  whose 
presence  appears  to  be  in  conflict  with  the  interests  of  the  home.  Should  any 
inmate  so  suspended  or  removed  be  in  destitute  condition,  the  superintendent 
must,  upon  his  demand,  furnish  him  with  suitable  lodgings  and  board  elsewhere, 
until  the  decision  of  the  board  is  made  thereabout.  The  bill  therefor  must  be 
presented  to  the  board  for  payment  in  the  same  manner  as  other  claims. 


INDUSTRIAL,    HOME    FOR    BLIND — SUPERINTENDENT — DUTIES.  357 

Eighth — To  reside  at  the  home. 

Ninth — To  keep  a  daily  record  of  his  official  acts  in  the  manner  prescribed  by 
the  board,  and  to  present  the  same  to  the  board  at  each  monthly  meeting,  verified 
by  his  oath,  in  accordance  with  the  blanks  furnished  by  the  board  for  that  pur- 
pose, and  to  make  in  said  monthly  reports  such  recommendations  to  the  board  as 
he  may  deem  proper.  The  monthly  report  must  contain  a  statement  of  all  stock, 
goods,  and  supplies  of  any  nature  received  at  the  home  during  the  month. 

Tenth — To  turn  over  to  the  board,  at  the  close  of  each  and  every  month, 
together  with  the  balance  sheet,  all  moneys  derived  by  him  from  the  sale  of 
manufactured  goods,  and  all  revenues  derived  by  him  from  any  source  whatso- 
ever in  behalf  of  and  for  the  benefit  of  the  home,  and  to  take  the  secretary's 
receipt  therefor. 

Eleventh — To  make  up  and  present  to  the  board,  in  the  month  of  July  of  each 
year,  his  annual  accounts  and  statement  of  the  affairs  of  the  home,  verified  by 
his  oath.  The  annual  statement  shall  be  an  epitome  of  the  monthly  reports,  and 
shall  contain  the  number  and  names  of  all  inmates,  officers  and  employees,  and 
their  respective  dates  of  admission,  or  beginning  of  employment,  and  the  respec- 
tive dates  of  dismissals  made  during  the  year.  It  shall  contain  a  full  review  of 
all  receipts  and  expenditures,  and  an  invoice  of  all  goods  and  stock  and  supplies 
on  hand.  It  shall  contain,  also,  the  average  weekly  cost  of  board  per  capita  of 
all  persons  residing  at  the  home,  without  considering  the  labor  credits,  and  the 
average  annual  cost  of  instruction  per  capita.  It  shall  show  clearly  the  rela- 
tion of  the  gross  products  to  the  gross  cost,  and  the  percentage  lacking  in  order 
to  become  self-supporting.  For  the  making  up  of  said  statement,  the  superin- 
tendent shall  have  full  access  to  the  secretary's  and  other  books  of  the  home,  and 
said  statement  shall  be  independent  of  each  and  all  of  the  other  annual  reports. 

Twelfth — To  make  requisitions  on  the  board  of  directors  for  articles  and 
goods  needed  at  the  home,  and  to  order  the  same  as  directed  by  the  board ;  pro- 
vided, that  the  board  may,  by  resolution  spread  upon  its  minutes,  authorize  the 
superintendent,  in  case  of  emergency,  to  make  purchase  of  material  and  supplies 
for  the  home  without  such  previous  requisition.  He  must,  in  addition,  perform 
such  further  services  as  may  be  required  of  him  by  the  board.  The  annual 
salary  of  the  superintendent  shall  be  twenty-one  hundred  dollars.  He  must 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars.  The  superintendent 
must  be  a  man  of  good  education,  of  good  moral  character,  and  business  expe- 
rience. 

Article  V. 

It  shall  be  the  duty  of  the  physician  to  examine  at  his  office,  at  the  stated  hour 
daily,  and  at  the  home,  at  a  stated  hour  upon  the  days  of  his  visits,  all  appli- 
cants for  admission,  as  to  their  blindness.  If  the  applicant  appears  to  be  a 
proper  subject  for  admission  to  the  benefits  of  the  home,  the  physician  must 
forthwith  deliver  to  him  his  certificate  of  admission,  directed  to  the  board  and 
also  to  the  superintendent  of  the  home.  Upon  presentation  of  the  certificate  the 
superintendent  must  admit  the  applicant  as  a  beneficiary.  Any  applicant 
rejected  by  the  attending  physician  shall  have  the  right  of  appeal  to  the  board. 
The  physician  must  present  to  the  board,  monthly,  a  statement  of  the  sanitary 
condition  of  the  home,  and  must  therein  specify  the  days  and  dates  of  his  visits, 
and  the  ages  and  nativity  of  each  person  to  whom  he  has  issued  during  the  month 


308  DEAF,    ETC^    GIFTS    TO — DEBRIS    COMMISSIONER. 

a  certificate  of  admission,  together  with  the  cause  or  causes  of  their  blindness, 
their  physical  condition,  and  also  as  to  whether  any  such  inmates  would  be 
benefited  by  medical  treatment  as  well  as  any  other  matters  which  the  board  may 
deem  proper  to  require  of  him.  The  monthly  statements  must  be  made  upon 
blanks  furnished  by  the  board  for  that  purpose.  He  must  present  to  the  board, 
in  the  month  of  July,  his  annual  report,  which  shall  be  an  epitome  of  his  monthly 
reports,  and  in  which  he  must  specify,  with  particularity,  all  sickness  at  the 
home  during  the  year;  and  such  observations  and  recommendations  may  be 
therein  made  as  seem  to  him  pertinent  to  the  sanitary  w^eJfare  of  the  home.  The 
attending  physician  must,  in  no  instance,  permanently  treat  any  inmate  for 
blindness,  or  any  optical  affection,  without  permission  in  each  case  first  being 
given  by  the  board,  at  the  request  of  the  person  so  afflicted.  The  attending  physi- 
cian must  visit  the  home  once  every  day. 

Article  VI. 
This  act  shall  take  effect  from  and  after  its  passage. 

This  asylum  was  established  by  Stats.  1860,  211,  ch.  CCXLVI;  several  acts  followed, 
including-  1885,  18,  ch.  XIX,  now  superseded  Important  provisions  on  same  subject  have 
been  incorporated  in  the  Political  Code.  See  §§  333,  334,  368,  713  and  2238  to  2270  inclusive. 
Also  see  next  following  act,  relating  to  gifts  to  this  institution. 

DEAF,  DUMB,  AND  BLIND— GIFTS  TO. 

To  confer  certain  powers  upon  the  directors  of  the  Deaf,  Dumb,  and  Blind 

Asylum. 

(Stats.  1875-6,  686,  ch.  CCCCLXVI.) 

§  1.  The  directors  of  the  Deaf,  Dumb,  and  Blind  Asylum  are  hereby 
authorized  and  empowered  to  take,  receive,  manage,  and  invest  all  moneys 
and  property  heretofore  or  hereafter  bequeathed  or  donated  to  the  said  asylum, 
in  accordance  wdth  the  wishes  of  the  testator  or  donor,  or  if  no  conditions  are 
attached  to  the  bequests  or  donations,  to  invest  suoh  moneys  or  proceeds  of 
property  for  the  best  interests  of  the  asylum. 

§  2.     This  act  shall  take  effect  on  and  after  its  passage. 

DEBRIS  COMMISSIONER— APPOINTMENT. 

To  provide  for  the  appointment,  duties,  and  compensation  of  a  debris  commis- 
sioner, and  to  make  an  appropriation  to  be  expended  under  his  directions 
in  the  discharge  of  his  duties  as  such  commissioner. 

(Stats.  1893,  339,  ch.  CCXXVIII;  amended  1897,  169,  ch.  CXIII;  amended 
1901,  284,  ch.  CXXI;  amended  1901,  564,  ch.  CLXXIV;  amended  1905, 
ch.  CXLIII.) 

§  1.  The  governor  of  the  state  of  California  shall,  on  or  before  the  first  day 
of  May,  nineteen  hundred  and  five,  appoint  a  competent  civil  and  mining 
engineer  for  a  period  of  four  years  only,  to  be  known  as  and  called  the  state 
debris  commissioner.     [Amendment,  Stats.  1905.] 

§  2.  Said  commissioner  shall  receive  as  full  compensation  for  his  services  an 
annual  salary  of  six  hundred  dollars,  payable  monthly  out  of  the  state  treasury 
in  like  manner  as  the  salary  of  other  state  officers,  and  his  necessary  traveling 


DEBRIS    COMMISSIONER — DUTIES    OF.  859 

expenses  while  actually  engaged  in  the  discharge  of  his  duties,  to  be  allowed  by 
the  state  board  of  examiners.     [Amendment,  Stats.  1901,  564.] 

§  3.  It  shall  be  the  duty  of  the  said  debris  commissioner  to  consult  and  advise 
with  the  members  of  the  corps  of  engineers  of  the  United  States  army  compris- 
ing the  California  debris  commission  (created  by  act  of  Congress  approved 
March  first,  eighteen  hundred  and  ninety-three),  in  relation  to  the  construction 
of  works  for  the  restraining  and  impounding  of  debris  resulting  from  mining 
operations,  natural  erosion,  or  other  causes;  and  it  shall  be  his  duty  to  examine 
such  works,  and  to  report  the  result  of  such  examination  to  the  state  board  of 
examiners.  Said  debris  commissioner  is  further  authorized  and  directed  to  con- 
sult and  advise  with  said  "California  Debris  Commission"  in  relation  to  any  and 
all  plans  and  specifications  that  may  have  been,  or  may  hereafter  be  prepared 
or  adopted  by  said  "California  Debris  Commission,"  for  the  construction  of 
such  restraining  or  impounding  works,  and  said  debris  commissioner  shall  sub- 
mit a  copy  of  all  such  plans  and  specifications  to  the  state  board  of  examiners 
for  their  examination  and  consideration,  together  with  his  approval  or  disap- 
proval thereof,  or  other  recommendation  with  reference  thereto. 

The  state  board  of  examiners  shall  thereupon  proceed  to  examine  and  consider 
the  plans  and  specifications  thus  submitted  to  them,  and  in  that  behalf  may 
require  the  attendance,  counsel,  and  advice  of  said  debris  commissioner,  during 
their  examination  and  consideration  thereof.  The  state  board  of  examiners  shall 
keep  a  record  of  their  deliberations  and  shall  either  approve  or  disapprove  said 
plans  and  specifications,  which  approval  or  disapproval  may  be  by  a  majority 
vote  of  said  board;  provided,  that  no  plans  and  specifications  involving  an 
expenditure  on  the  part  of  the  state  of  California  of  a  sum  greater  than  the 
appropriation  herein  made  shall  be  approved. 

If  said  plans  and  specifications  be  approved  by  the  state  board  of  examiners, 
the  said  debris  commissioner  shall  thereupon  report  such  action  to  said  "Cali- 
fornia Debris  Commission." 

Whenever  said  "California  Debris  Commission"  or  the  government  of  the 
United  States  shall  have  entered  into  any  contract  for  the  construction  of  works 
for  the  purposes  described  in  this  act,  in  pursuance  of  plans  and  specifications 
that  have  been  theretofore  approved  by  the  state  board  of  examiners  as  in  this 
act  provided,  it  shall  then  be  the  duty  of  the  debris  commissioner  to  carefully 
inspect  such  works  during  the  process  of  their  construction  and  to  keep  a  record 
of  the  result  of  such  inspection  and  to  report  the  same  monthly  to  the  state  board 
of  examiners.  Said  debris  commissioner  shall  also  from  time  to  time,  during  the 
process  of  the  construction  of  such  works,  when  requested  so  to  do  by  the  said 
"California  Debris  Commission,"  draw  his  warrants  upon  the  state  controller 
in  favor  of  such  person  or  persons  as  may  be  designated  by  said  "California 
Debris  Commi.ssion"  for  such  amounts  as  shall  equal  one  half  of  the  cost  of  the 
construction  of  said  works ;  and  said  debris  commissioner  shall,  in  like  manner, 
and  when  requested  so  to  do  by  said  "California  Debris  Commission,"  draw  his 
warrant  upon  the  state  controller  for  an  amount  equal  to  one  half  the  purchase 
price  of  any  site  or  sites  necessary  for  the  construction  of  said  works;  provided, 
that  the  purchase  of  such  site  or  sites  shall  have  been  first  approved  by  the  state 
board  of  examiners;  and  provided  further,  that  no  warrant  shall  be  drawn  in 
excess  of  the  amount  appropriated  by  this  act.     [Amendment,  Stats.  1897,  169.] 


360  DEBRIS   COMMISSIONER— APPROPRIATION   FOR  W  ORKS,   ETC. 

§  4.  There  is  hereby  appropriated  out  of  the  general  fund  of  the  treasury  of 
this  state  not  otherwise  appropriated,  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars,  to  be  used  in  the  construction  of  works  for  the  restraining  and 
impounding  of  debris  resulting  from  mining  operations,  natural  erosion,  or 
other  causes,  and  for  the  purchase  of  sites  therefor.  The  appropriation  made  by 
this  section  is  intended  as  a  reappropriation  of  the  sum  of  two  hundred  and 
fifty  thousand  dollars  appropriated  by  the  act  entitled  "An  act  to  provide  for 
the  appointment,  duties,  and  compensation  of  a  debris  commissioner,  and  to 
make  an  appropriation  to  be  expended  under  his  directions  in  the  discharge  of 
his  duties  as  such  commissioner,"  approved  March  twenty-fourth,  eighteen  hun- 
dred and  ninety-three,  and  it  is  expressly  intended  and  provided  by  this  act  that 
the  state  of  California  shall,  in  no  event,  incur  any  liability  hereunder  beyond 
the  amount  of  the  appropriation  herein  made;  and  no  contractor,  claimant,  or 
person  shall  acquire  any  right  or  obligation  against  the  state  of  California 
beyond  said  sum  so  appropriated  and  set  apart  for  the  purposes  hereinabove  set 
forth  and  it  is  expressly  declared  that  any  claim  or  demand  against  the  state  of 
California  in  excess  of  said  appropriation  shall  be  invalid  and  void.  Said 
moneys  shall  be  paid  only  upon  orders  drawn  by  the  state  controller  upon  the 
written  request  of  said  debris  commissioner,  as  in  this  act  provided.  [Amend- 
ment, Stats.  1897,  169.] 

§  5.  The  term  of  office  of  said  debris  commissioner  shall  be  four  years  from 
the  date  of  his  appointment.  He  .shall  take  the  same  oath  of  office  as  is  provided 
by  law  for  other  state  officers,  and  before  entering  upon  the  discharge  of  his 
duties  shall  give  bond,  with  sufficient  sureties,  to  be  approved  by  the  governor  of 
the  state,  in  the  sum  of  fifty  thousand  dollars,  for  the  faithful  discharge  of  his 
duties  as  such  officer. 

§6.     [Repealed.     Stats.  1901,  564.] 

§  7.  All  expenditures  authorized  by  the  provisions  of  this  act  shall  be  subject 
to  the  approval  of  the  state  board  of  examiners;  and  the  state  controller  is 
hereby  authorized  to  draw  his  warrant  for  all  expenditures  not  in  excess  of  the 
appropriation  herein  provided  for  so  approved  by  the  state  board  of  examiners, 
and  the  state  treasurer  is  hereby  directed  to  pay  the  same.  [Amendment,  Stats. 
1897,  169.] 

See  next  two  succeeding  acts. 

DEBRIS  COMMISSIONER— TITLE  TO  LANDS. 

To  provide  in  whose  name  title  shall  be  taken  to  the  site  or  sites  for  the  con- 
struction of  the  works  provided  for  in  the  act  of  the  legislature  of  the 
state  of  California  entitled  "An  act  to  provide  for  the  appointment,  duties 
and  compensation  of  a  debris  commissioner,  and  to  make  an  appropriation 
to  be  expended  under  his  directions  in  the  discharge  of  his  duties  as  such 
commissioner."  approved  March  twenty-fourth,  eighteen  hundred  and 
ninety-three,  and  the  amendments  thereto. 

(Stats.  1901,  282,  ch.  CXVIII.) 

§  1.  The  title,  estate  and  interests  in  all  sites  purchased  under  the  act  of  the 
legislature  of  the  state  of  California  entitled  "An  act  to  provide  for  the  appoint- 
ment, duties  and  compensation  of  a  debris  commissioner,  and  to  make  an  appro- 


DE:6RIS    COM3IISSIOIVER — APPROPRIATION — DENTISTRY.  S«l 

priation  to  be  expended  under  his  directions  in  the  discharge  of  hLs  duties  as 
such  commissioner,"  approved  March  twenty-fourth,  eighteen  hundred  and 
ninety-three,  and  the  amendments  thereto,  for  the  construction  of  the  works  in 
said  acts  contemplated,  shall  be  taken  in  the  name  of  the  government  of  the 
United  States  of  America. 

§  2.     This  act  shall  take  effect  immediately. 

DEBRIS  COMMISSIONER— APPROPRIATION. 

To  appropriate  the  sum  of  one  hundred  and  fifty  thousand  dollars  to  be  used 
in  the  construction  of  works  for  the  restraining  and  impounding  of  debris 
resulting  from  mining  operations,  natural  erosions  and  other  causes,  and  for 
the  purchase  of  sites  therefor,  and  to  provide  for  the  manner  of  expending 
such  appropriation. 

(Stats.  1901,  7,  ch.  XIV.) 

§  1.  There  is  hereby  appropriated  out  of  the  general  fund  of  the  treasury  of 
this  state  not  otherwise  appropriated,  the  sum  of  one  hundred  and  fifty  thousand 
dollars,  to  be  used  in  the  construction  of  works  for  the  restraining  and  im- 
pounding of  debris  resulting  from  mining  operations,  natural  erosions,  and  other 
causes,  and  for  the  purchase  of  sites  therefor ;  said  sum  to  be  expended  in  the 
manner,  and  subject  to  the  conditions  set  forth  in  that  certain  act  entitled  "An 
act  to  provide  for  the  appointment,  duties  and  compensation  of  a  debris  com- 
missioner, and  to  make  an  appropriation  to  be  expended  under  his  directions  in 
the  discharge  of  his  duties  as  such  commissioner,"  approved  IMarch  twenty- 
fourth,  eighteen  hundred  and  ninety-three,  including  all  amendments  to  said 
last-named  act ;  provided,  however,  that  said  sum  of  one  hundred  and  fifty  thou- 
sand dollars  shall  not  become  available,  nor  shall  any  warrant  be  drawn  against 
the  same  prior  to  the  beginning  of  the  fifty- fourth  fiscal  year;  and  provided 
further,  that  in  no  event  shall  said  sum  of  one  hundred  and  fifty  thousand 
dollars,  or  any  part  thereof,  become  available,  or  any  warrant  be  drawn  against 
the  same,  until  the  United  States  government  shall  have  appropriated  for  the 
purposes  above  named  at  least  an  equal  amount,  to  wit,  one  hundred  and  fifty 
thousand  dollars,  in  addition  to  any  sum  or  sums  heretofore  appropriated  by 
the  United  States  government  for  such  purposes. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

DENTISTRY. 

To  insure  the  better  education  of  practitioners  of  dental  surgery,  and  to  regulate 
the  practice  of  dentistry  in  the  state  of  California,  providing  penalties  for 
the  violation  hereof,  and  to  repeal  an  act  now  in  force  relating  to  the  same 
and  known  as  "An  act  to  insure  the  better  education  of  practitioners  of 
dental  surgery,  and  to  regulate  the  practice  of  dentistry  in  the  state  of 
California,  approved  March  twelfth,  eighteen  hundred  and  eighty-five." 

(Stats.    1901,   564,   ch.    CLXXV;   amended   1903,   322,   ch.   CCXLIV;  sec.    11 
repealed.  Stats.  1905,  430,  ch.  CCCLIX.) 

§  1.  It  shall  be  unlawful  for  any  person  to  engage  in  the  practice  of  dentistry 
in  the  state  of  California,  unless  said  person  shall  have  obtained  a  license  from 


363  DENTISTRY— BOARD   OF  EXAMINERS— POWERS  AND   DUTIES. 

a  board  of  dental  examiners,  duly  authorized  and  appointed  under  the  provisions 
of  this  act  to  issue  licenses ;  provided,  that  this  act  shall  not  affect  the  right  under 
the  laws  of  the  state  of  California,  of  dentists  to  practise  dentistry  who  have 
lawful  right  to  practise  dentistry  at  the  time  of  the  passage  of  this  act. 

§2.  A  board  of  dental  examiners  to  consist  of  seven  (7)  reputable  and 
ethical  practising  dentists  is  hereby  created,  to  be  known  as  the  board  of  dental 
examiners  of  California,  whose  duty  it  shall  be  to  carry  out  the  purposes  and 
enforce  the  provisions  of  this  act.  The  members  of  this  board  shall  be  appointed 
by  the  governor  of  California,  all  of  whom  shall  have  been  actively  and  legally 
engaged  in  the  practice  of  dentistry  in  the  state  of  California,  for  at  least  five  (5) 
years  next  preceding  the  date  of  their  appointment,  and  none  of  whom  shall 
be  members  of  the  faculty  of  any  dental  college,  or  dental  department  of  any 
medical  college,  in  the  state  of  California,  or  shall  have  any  financial  interest  in 
any  such  college.  The  said  seven  (7)  shall  compose  the  board  of  dental  exam- 
iners of  California.  The  term  for  which  the  members  of  said  board  shall  hold 
office  shall  be  four  (4)  years,  except  that  two  of  the  members  of  the  board  first 
to  be  appointed  under  this  act,  shall  hold  their  term  of  office  for  the  term  of 
one  year,  two  for  the  term  of  two  years,  two  for  the  term  of  three  years,  and  one 
for  the  term  of  four  years,  and  until  their  successors  are  duly  appointed  and 
qualified.  In  case  a  vacancy  occurs  in  the  membership  of  said  board,  such 
vacancy  shall  be  filled  by  appointment  by  the  governor,  within  thirty  (30)  days 
after  such  vacancy  occurs. 

§  3.  It  shall  be  the  power  and  duty  of  said  board  to  organize  by  the  election 
of  one  of  its  members  president,  another  secretary,  and  another  treasurer;  to 
meet  at  least  twice  each  year,  at  such  time  and  place  as  the  board  may  designate, 
for  the  purpose  of  transacting  the  business  of  the  board,  and  at  such  other  times 
as  the  board  may  elect,  or  on  the  call  of  the  president  of  the  board,  or  of  not 
less  than  four  (4)  members  thereof.  A  written  notice  of  the  time,  place  and 
object  of  such  called  meeting  to  be  mailed  by  the  secretary  of  said  board  to  all 
the  members  thereof  not  parties  to  the  call,  at  least  fifteen  (15)  days  before  the 
day  of  meeting;  to  examine  all  applicants  for  licenses  to  practise  dentistry 
according  to  the  provisions  of  this  act;  to  collect  and  apply  all  fees  as  directed 
by  this  act;  to  keep  a  book  showing  the  names  of  all  persons  to  whom  licenses 
have  been  granted  by  said  board  to  practise  dentistry,  and  such  other  books  as 
may  be  necessary  to  plainly  show  all  the  acts  and  proceedings  of  said  board; 
to  have  and  to  use  a  seal  bearing  the  name  ''Board  of  Dental  Examiners  of 
California." 

§  4.  Out  of  the  funds  coming  into  the  possession  of  the  board,  each  member 
of  said  board  may  receive  as  compensation  ten  dollars  ($10.00)  for  each  day 
actually  spent  in  attending  to  the  duties  of  his  office,  and  mileage  at  the  rate  of 
five  cents  ($.05)  per  mile  for  all  distances  actually  traveled  in  going  to  and 
coming  from  the  meetings  of  the  board.  Said  expenses  shall  be  paid  from  the 
fees  and  fines  received  by  the  board  under  the  provisions  of  this  act,  and  no 
part  of  the  salary  or  other  expenses  of  the  board  shall  ever  be  paid  out  of  the 
state  treasury. 

§  5.  Each  member  of  the  board  shall,  upon  his  qualification  and  the  organiza- 
tion of  the  board,  file  with  the  secretary,  his  post-office  address,  and  thereafter 


DENTAL.    BOARD — EXAMINATION    OF    APPLICANTS.  303 

any  notice  of  any  change  therein.  Any  notice  sent  to  the  address  so  on  file, 
shall  be  deemed  to  comply  with  the  requirements  of  this  act  as  to  notice  to  them. 
§  6.  All  books  of  said  board  shall  be  of  public  record  and  at  all  times  during 
business  hours  open  to  public  inspection.  A  certified  copy  of  any  part  or  all 
thereof  shall  be  primary  evidence  in  any  court  of  this  state.  The  original  books 
shall  be  kept  in  the  office  of  the  secretary  of  said  board,  wherever  he  may  reside, 
and  he  shall  furnish  to  any  person  making  application  therefor  a  copy  of  any 
part  thereof,  upon  the  applicant  paying  a  fee  of  twenty-five  cents  ($.25)  per 
hundred  words  so  copied,  the  said  fee  to  belong  to  the  secretary.  All  copies 
shall  be  certified  by  the  secretary. 

§  7.  The  governor  shall  have  the  power  to  remove  from  office  at  any  time,  any 
member  of  the  board  for  continued  neglect  of  duty  required  by  this  act,  or  for 
incompetency,  unprofessional  or  dishonorable  conduct. 

§  8.  Said  board  shall  examine  all  applicants  for  examination  who  shall  furnish 
satisfactory  evidence  of  having  complied  with  the  provisions  of  this  act,  relating 
to  qualification  for  examination,  and  all  persons  satisfactorily  passing  such 
examinations  shall  be  granted  by  said  board  a  license  to  practise  dentistry 
in  the  state  of  California. 

The  examination  of  applicants  shall  be  elementary  and  practical  in  character, 
but  sufficiently  thorough  to  test  the  fitness  of  the  candidate  to  practise  den- 
tistry. It  shall  include,  written  in  the  English  language,  questions  on  the  fol- 
lowing subjects :  Anatomy,  physiology,  chemistry,  materia  medica,  therapeutics, 
metallurgy,  histology,  pathology,  operative  and  prosthetic  dentistry,  hygiene 
and  dental  jurisprudence.  The  answers  to  which  shall  be  written  in  the  English 
language.  Demonstrations  of  the  applicant's  skill  in  operative  and  prosthetic 
dentistry  must  also  be  given.  All  persons  successfully  passing  such  examina- 
tions shall  be  registered  as  licensed  dentists  on  the  board  register,  as  provided 
in  section  three,  and  .shall  also  receive  a  certificate  of  such  registration;  said 
certificate  to  be  signed  by  the  president  and  secretary  of  said  board.  In  no  case 
shall  any  applicant  be  examined  or  given  a  certificate  who  is  not  twenty-one 
years  of  age. 

§  9.  Any  member  of  the  board  may  inquire  of  any  applicant  for  examination 
concerning  his  character,  qualifications  or  experience,  and  may  take  testimony 
of  any  one  in  regard  thereto,  under  oath,  which  he  is  hereby  empowered  tc 
administer. 

§  10.  Every  person  now  licensed  to  practise  dentistry  in  this  state,  who  has 
failed  to  register  his  license  with  the  clerk  of  the  county  wherein  his  place  of 
business  is  located,  as  provided  by  law,  must  register  the  same  within  sixty 
days  after  this  act  takes  effect,  and  every  person  who  shall  hereafter  be  licensed 
to  practise  dentistry  in  this  state,  shall  within  six  montlis  thereafter  register  in 
the  office  of  the  clerk  of  the  county  where  his  place  of  business  is  located,  in 
a  book  kept  by  the  clerk  for  such  purpose,  and  called  a  register  of  dentists,  his 
name,  age,  office  address,  the  date  and  number  of  his  license  to  practise  dentistry 
and  the  date  of  such  regi.stration,  which  registration  he  shall  be  entitled  to  make 
only  upon  showing  to  the  county  clerk  his  license  or  a  copy  thereof  certified  by 
the  secretary  of  the  board  over  its  seal,  and  making  an  affidavit  stating  his  name, 
age,  birthplace,  the  number  of  his  license  and  the  date  of  its  issue ;  that  he  is  the 


3«4  DENTAL,  BOARD — CERTIFICATE   OF   REGISTRATION. 

identical  person  named  in  the  license ;  that  before  receiving  the  same  he  complied 
with  all  the  preliminary  requirements  of  this  statute  and  the  rules  of  the  board 
of  dental  examiners  as  to  the  terms  and  the  amount  of  study  and  examination; 
that  no  money  other  than  the  fees  prescribed  by  this  statute  and  said  rules,  was 
paid  directly  or  indirectly  for  such  license,  and  that  no  fraud,  misrepresentation 
or  mistake  in  a  material  regard  was  employed  or  occurred  in  order  that  such 
license  should  be  conferred.  The  county  clerk  shall  preserve  such  affidavit  in 
a  bound  volume  and  shall  issue  to  every  licentiate  duly  registering  and  making 
such  affidavit,  a  certificate  of  registration  in  his  county,  which  shall  include  a 
transcript  of  the  registration.  Such  transcript  and  license  may  be  offered  as 
primary  evidence  in  all  courts  of  the  facts  therein  stated.  A  copy  of  such  cer- 
tificate of  registration  .shall  be  sent  by  the  county  clerk  to  the  secretary  of  the 
board  within  five  (5)  days  after  it  is  made.  The  county  clerk's  fees  for  taking 
such  registration  and  affidavit  and  issuing  such  certificate  of  registration  shall 
be  one  (1)  dollar.  A  practising  dentist  having  regi.stered  a  lawful  authority 
to  practise  dentistry  in  one  county  of  the  state,  and  removing  such  practice  or 
part  thereof  to  another  county  shall  show  or  send  by  registered  mail  to  the  clerk 
of  such  other  county  his  certificate  of  registration.  If  such  certificate  clearly 
shows  that  the  original  registration  was  of  an  authority  issued  by  the  board  of 
dental  examiners,  or  if  the  certificate  or  registration  itself  is  indorsed  by  the 
secretary  of  the  board  of  dental  examiners  as  eutitled  to  registration,  the  clerk 
shall  thereupon  register  the  applicant  in  the  register  of  dentists  of  the  latter 
county  on  receipt  of  a  fee  of  fifty  (50)  cents,  and  shall  stamp  or  indorse  on  such 
certificate  of  registration  the  date  and  his  name  preceded  by  the  words  "Regis- 
tered also  in  County,"  and  return  the  certificate  of  registration  to  the  ' 

applicant.  Any  lawfully  registered  person  who  shall  thereafter  change  his 
name  according  to  law  shall  register  the  new  name  with  a  marginal  note  of  the 
former  name  with  the  clerk  of  the  county  or  counties  where  he  is  practising. 
The  clerk  shall  note  upon  the  margin  of  his  former  registration  in  ink  the  fact 
of  such  change,  and  a  cross  reference  to  the  new  registration.  The  clerk  shall 
forthwith  notify  the  secretary  of  the  board  of  such  change.  Any  county  clerk 
who  knowingly  shall  make  or  suffer  to  be  made  upon  the  register  of  dentists 
kept  in  his  office  any  entry  other  than  that  provided  for  in  this  act,  shall  be 
liable  to  a  penalty  of  fifty  dollars  to  be  recovered  by  and  paid  to  the  said 
state  board  of  dental  examiners  in  a  suit  in  any  court  having  jurisdiction.  Any 
failure,  neglect  or  refusal  on  the  part  of  any  person  holding  such  license  to 
register  the  same  with  the  clerk  of  said  county  as  above  directed  for  a  period 
of  six  months  after  the  issuance  thereof  shall  ipso  facto  work  a  forfeiture  of  his 
license,  and  it  shall  not  be  restored  except  upon  the  payment  to  said  board  of 
twenty-five  (25)  dollars.  Any  suspension,  revocation  or  reinstatement  of  a 
license  shall  with  the  date  thereof  be  fortliAvith  noted  by  the  county  clerk  on  the 
margin  of  the  registration  thereof  upon  receipt  of  notice  from  the  secretary  of 
the  board.     [Amendment,  Stats.  1903,  322.] 

§  11.     [Repealed.] 

§  12.  No  person  shall  be  eligible  for  examination  by  the  state  board  of 
dental  examiners  who  shall  not  furnish  satisfactory  evidence  of  having  graduated 
from  a  reputable  dental  college,  which  must  have  been  indorsed  by  the  board  of 
dental  examiners  of  California;  or  who  shall  not  have  graduated  from  a  high 


DEINTAL   PRACTITIONERS— EXAMINATION    AND    LICENSE.  865 

school  or  similar  institution  of  learning,  in  this  or  some  other  state  of  the 
United  States,  requiring  a  three  years'  course  of  study,  and  who  cannot  furnish 
to  the  board  of  dental  examiners  an  affidavit,  containing  his  or  her  name,  the 
name  of  his  or  her  preceptor,  and  the  names  of  at  least  two  reputable  witnesses, 
certified  to  in  the  state  of  California  before  a  notary  public,  showing  that  he 
or  she  has  completed  an  apprenticeship  of  four  years  of  twelve  months  each, 
with  a  licensed  practitioner  of  dentistry,  in  the  state  of  California,  or  cannot 
furnish  to  said  board  of  examiners  a  certificate  from  the  state  board  of  dental 
examiners,  or  similar  body,  of  some  other  state  in  the  United  States,  showing 
that  he  or  she  has  been  a  licensed  practitioner  of  dentistry  in  that  state  for  at 
least  five  (5)  years.     [Amendment,  Stats.  1903,  324.] 

§  13.  From  and  after  the  passage  of  this  act  any  and  all  persons  desiring  to 
enter  upon  the  practice  of  dentistry  in  the  state  of  California,  without  gradu- 
ating from  a  reputable  college  in  the  United  States,  or  producing  satisfactory 
evidence  of  having  been  a  licensed  practitioner  of  dentistry  in  some  other  state 
for  at  least  five  years,  must  file  with  the  board  of  dental  examiners  an  affidavit 
certified  to  before  a  notary  public  of  the  state  of  California,  of  his  intention  to 
begin  an  apprenticeship  with  a  licensed  practitioner  of  dentistry  in  this  state,  and 
the  said  affidavit  must  certify  that  the  affiant  has  regularly  graduated  from  a 
high  school  or  similar  institution  of  learning  in  the  United  States,  as  provided  in 
section  twelve  of  this  act,  and  contain  in  full,  the  names  of  both  affiant  and  his 
proposed  preceptor  and  the  names  of  two  reputable  witnesses,  together  with 
the  date  of  beginning  of  his  proposed  term  of  apprenticeship ;  and  the  board  of 
dental  examiners  shall  issue  to  affiant  a  receipt  for  same. 

§  14.  Every  person  applying  to  the  board  of  dental  examiners  for  a  license 
to  practise  dentistry  shall  pay  to  the  board  a  fee  of  twenty-five  (25)  dollars, 
which  shall  in  no  case  be  refunded.  Every  licensed  dentist  shall  on  or  before 
the  first  day  of  May  of  each  year,  except  the  one  in  which  he  is  licensed,  pay  to 
the  secretary  of  the  board  of  dental  examiners  a  fee  of  two  (2)  dollars,  which 
shall  be  used  exclusively  for  the  prosecution  of  violators  of  this  act  and  for 
expenses  of  collecting  said  fee.  The  year  for  which  a  fee  shall  be  paid  shall 
begin  the  July  first  following  the  May  when  it  becomes  due  and  end  the  suc- 
ceeding June  thirtieth.  The  board  may  reduce  or  remit  altogether  said  fee  for 
any  year,  but  such  reduction  or  remission  must  be  made  alike  to  all  liable  to  pay 
the  same.  In  case  any  person  defaults  in  paying  said  fee,  his  license  may  be 
revoked  by  the  board  of  dental  examiners  on  thirty  days'  notice  in  writing  from 
the  secretary,  unless  within  said  time  said  fee  is  paid,  together  with  such  pen- 
alty not  exceeding  ten  (10)  dollars,  as  the  board  may  impose.  Upon  payment 
of  said  fee  and  penalty  the  board  shall  reinstate  the  delinquent's  license.  On  or 
before  the  first  day  of  July  of  each  year  the  secretary  of  the  board  shall  send  to 
the  county  clerk  of  each  county  in  the  state  a  certified  list  of  all  practising 
dentists  therein  who  have  paid  said  fee,  and  the  clerk  shall  enter  or  paste  the 
same  in  the  register  of  dentists.  Necessary  expenses  per  diem  compensation  and 
mileage  of  the  members  of  the  board  incurred  while  in  attendance  on  meetings 
not  for  prosecuting  violators  of  this  act  shall  be  paid  out  of  the  other  fees  and 
fines  provided  for  in  this  act.  All  moneys  received  under  this  act  shall  be 
deposited  in  some  reliable  bank  in  the  name  of  the  board,  and  shall  be  with- 


366  DENTAL   PRACTITIONERS — FAILURE   TO    COMPLY— PENALTY. 

drawn  only  on  the  joint  check  of  the  president  and  the  secretary  of  the  board. 
[Amendment,  Stats.  1903,  324.] 

§  15.  Any  and  all  persons  shall  be  understood  to  be  practising  dentistry 
within  the  meaning  of  this  act  who  shall  for  a  fee,  salary,  or  reward,  paid 
directly  or  indirectly,  either  to  himself  or  to  some  other  person,  perform  opera- 
tions of  any  kind  upon,  or  treat  diseases  or  lesions  of  the  human  teeth  or  jaws, 
or  correct  malimposed  positions  thereof,  or  display  a  sign,  or  in  any  way  advertise 
himself  as  a  dentLst;  but  nothing  in  this  act  contained  shall  prohibit  bona  fide 
students  of  dentistry  from  operating  in  the  clinical  departments  or  the  labora- 
tory of  a  reputable  dental  college,  or  an  unlicensed  person  from  performing 
merely  mechanical  work  upon  inert  matter  in  a  dental  office  or  laboratory ;  or  the 
student  of  a  licentiate  from  assisting  his  preceptor  in  dental  operations  while  in 
the  presence  of  and  under  the  personal  supervision  of  his  instructor;  or  a  duly 
licensed  physician  from  treating  diseases  of  the  mouth,  or  performing  operations 
in  oral  surgery.  But  nothing  in  the  provisions  of  this  act  shall  be  construed  to 
permit  the  performance  of  dental  operations  by  any  unlicensed  persons  under 
cover  of  the  name  of  a  regular  practitioner  of  dentistry.  [Amendment,  Stats. 
1903,  325.] 

§§  16,  17,  18.    Repealed.    [Amendment,  Stats.  1903,  325.] 

§  19.  Any  person,  company  or  association  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punishable  with  a  fine  of  not  less  than  fifty 
(50)  dollars  or  more  than  five  hundred  (500)  dollars,  or  by  imprisonment  for 
not  less  than  five  (5)  days  nor  more  than  six  (6)  months  in  the  county  jail,  or  by 
both  fine  and  imprisonment,  who 

1.  Shall  sell  or  barter,  or  offer  to  sell  or  barter,  any  diploma  or  document,  con- 
ferring or  purporting  to  confer  any  dental  degree,  or  any  certificate  or  tran- 
script, made  or  purporting  to  be  made,  pursuant  to  the  laws  regulating  the  license 
and  registration  of  dentists ;  or 

2.  Shall  purchase  or  procure  by  barter,  any  such  diploma,  certificate  or  tran- 
script, with  intent  that  the  same  shall  be  used  as  evidence  of  the  holder's  qualifi- 
cation to  practise  dentistry,  or  in  fraud  of  the  laws  regulating  such  practice ;  or 

3.  Shall  with  fraudulent  intent,  alter  in  a  material  regard  any  such  diploma, 
certificate  or  transcript ;  or 

4.  Shall  use  or  attempt  to  use  any  such  diploma,  certificate  or  transcript, 
which  has  been  purchased,  fraudulently  issued,  counterfeited  or  materially  al- 
tered, either  as  a  license  or  color  of  license  to  practise  dentistry,  or  in  order  to 
procure  registration  as  a  dentist ;  or 

5.  Shall  practise  dentistry  under  a  false  or  assumed  name ;  or 

6.  Shall  assume  the  degree  of  "doctor  of  dental  surgery"  or  "doctor  of  dental 
medicine,"  or  shall  append  the  letters  "D.  D.  S."  or  "D.  M.  D."  to  his  or  her 
name,  not  having  duly  conferred  upon  him  or  her,  by  diploma  from  a  recognized 
dental  college  or  school  legally  empowered  to  confer  the  same,  the  right  to  assume 
said  title;  or  shall  assume  any  title,  or  append  any  letters  to  his  or  her  name, 
with  the  intent  to  represent  falsely  that  he  or  she  has  received  a  dental  degree 
or  license ;  or 

7.  Shall  in  an  affidavit,  required  of  an  applicant  for  examination,  license  or 
registration,  under  this  act,  wilfully  make  a  false  statement  in  a  material  re- 
gard; or 


DENTISTRY— REVOCATION    OF   LICENSE — PENALTIES.  807 

8.  Shall  engage  in  the  practice  of  dentistry  under  any  title  or  name  without 
causing  to  be  displayed  in  a  conspicuous  manner  and  in  a  conspicuous  place  in 
his  or  her  office  the  name  of  each  and  every  person  employed  in  the  practice  of 
dentistry  therein,  together  with  the  word  mechanic  or  apprentice  after  the  name 
of  each  unlicensed  person  employed ;  or 

9.  Shall  within  ten  days  after  demand,  made  by  the  secretary  of  the  board, 
fail  to  furnish  to  said  board  the  name  and  address  of  all  persons  practising  or 
assisting  in  the  practice  of  dentistry  in  the  office  of  said  person,  company  or 
association,  at  any  time  within  sixty  days  prior  to  said  notice,  together  with  a 
sworn  statement  showing  under  and  by  what  license  or  authority  said  person, 
company  or  association  and  said  employee  are  and  have  been  practising  den- 
tistry, but  said  affidavit  shall  not  be  used  as  evidence  against  such  person,  com- 
pany or  association  in  any  proceeding  under  this  section ;  or 

10.  Is  practising  dentistry  in  the  state  without  a  license,  or  whose  license  has 
been  revoked  or  suspended.     [Amendment,  Stats.  1903,  325.] 

§  20.  It  is  hereby  further  provided,  that  the  conferring  of  degrees  and  the 
bestowing  of  diplomas,  by  reputable  dental  colleges  of  this  state,  who  have  been 
indorsed  by  the  board  of  dental  examiners  of  California,  and  are  members  of  the 
National  Association  of  Dental  Faculties,  are  not  included  in  the  foregoing  pen- 
alties, nor  shall  their  rights  and  prerogative  ever  be  abridged  in  any  manner 
whatsoever. 

§  21.  All  fines,  penalties  or  forfeitures,  not  including  the  examination  fee, 
imposed  or  collected  for  the  violation  of  any  of  the  foregoing  provisions  of  this 
act,  unless  otherwise  specified,  shall  be  paid  as  follows :  One  half  into  the 
common-school  fund  in  the  county  in  which  the  prosecution  is  had,  and  one  half 
to  the  treasurer  of  this  board,  to  be  turned  into  the  regular  funds  of  this  board, 
and  it  shall  be  the  duty  of  the  county  treasurer  of  each  county,  upon  the  receipt 
by  him  of  any  such  fines,  penalties  or  forfeitures,  to  forthwith  pay  over  the  same 
one  half  to  the  treasurer  of  this  board.  Said  board,  or  any  member  or  officer 
thereof,  may  prefer  a  complaint  for  violation  of  the  law  regulating  the  practice 
of  dentistry,  before  any  court  of  competent  jurisdiction,  and  may  by  its  officers, 
counsel  and  agents,  aid  in  presenting  the  law  or  facts  before  said  court,  in  any 
proceeding  taken  thereon ;  and  it  shall  be  the  duty  of  the  district  attorney  of  each 
county  of  this  state,  to  prosecute  all  violations  of  the  aforesaid  provisions  of  this 
act  in  their  respective  counties  in  which  such  violations  occur. 

§  21^.  Any  dentist  may  have  his  license  revoked  or  suspended  by  the  board 
of  dental  examiners  for  any  of  the  following  causes: 

1.  His  conviction  of  a  felony  or  misdemeanor  involving  moral  turpitude,  in 
which  case  the  record  of  conviction  or  a  certified  copy  thereof,  certified  by  the 
clerk  of  the  court,  or  by  the  judge  in  whose  court  the  conviction  is  had,  shall  be 
conclusive  evidence. 

2.  For  unprofessional  conduct,  or  for  gross  ignorance,  or  inefficiency  in  his 
profession.  Unprofessional  conduct  shall  mean  emploj-ing  what  are  known  as 
cappers,  or  steerers  to  obtain  business;  the  obtaining  of  any  fee  by  fraud 
or  misrepresentation ;  wilfully  betraying  professional  secrets ;  employing  directly 
or  indirectly  any  student  or  any  suspended  or  unlicensed  dentist  to  perform 
operations  of  any  kind,  or  to  treat  lesions  of  the  human  teeth  or  jaws,  or  correct 
malimposed  formations  thereof,  except  as  heretofore  provided  in  section  fifteen ; 


368  DENTAL    PRACTITIONERS— UNPROFESSIONAL    CONDUCT. 

the  advertisement  of  dental  business  or  treatment  or  devices  in  which  untruthful, 
improbable  or  impossible  statements  are  made ;  or  habitual  intemperance  or  gross 
immorality.  The  proceedings  to  revoke  or  suspend  any  license  under  the  tirst 
subdivision  of  section  twenty-one  and  one  half  must  be  taken  by  the  board  on  the 
receipt  of  a  certified  copy  of  the  record  of  conviction.  The  proceedings  under 
the  second  subdivision  of  section  twenty-one  and  one  half  may  be  taken  by  the 
board  from  the  matters  within  its  knowledge,  or  may  be  taken  upon  the  informa- 
tion of  another.  All  accusations  must  be  in  writing,  verified  by  some  party 
familiar  with  the  facts  therein  charged,  and  three  copies  thereof  must  be  filed 
with  the  secretary  of  the  board.  Upon  receiving  the  accusation  the  board  shall, 
if  it  deem  it  sufficient,  make  an  order  setting  the  same  for  hearing,  and  requiring 
the  accused  to  appear  and  answer  it  at  said  hearing,  at  a  specified  time  and  place, 
and  the  secretary  shall  cause  a  copy  of  the  order  and  of  the  accusation  to  be 
served  upon  the  accused  at  least  ten  (10)  days  before  the  day  appointed  in  the 
order  for  said  hearing.  The  accused  must  appear  at  the  time  appointed  in  the 
order  and  answer  the  charges  and  make  his  defense  to  the  same,  unless  for 
sufficient  cause  the  board  assign  another  day  for  that  purpose.  If  he  do  not 
appear  the  board  may  proceed  and  determine  the  accusation  in  his  absence.  If 
the  accused  plead  guilty  or  refuse  to  answer  the  charges,  or  upon  the  hearing 
thereof  the  board  shall  find  them  or  any  of  them  true,  it  may  proceed  to  a  judg- 
ment revoking  his  license  or  suspending  it.  The  board  and  the  accused  may  have 
the  benefit  of  counsel,  and  the  board  shall  have  power  to  administer  oaths,  take 
the  depositions  of  witnesses  in  the  manner  provided  by  law  in  civil  cases,  and 
to  compel  them  to  attend  before  it  in  person  the  same  as  in  civil  cases,  by  sub- 
poena issued  over  the  signature  of  the  secretary  and  the  seal  of  the  board  and  in 
the  name  of  the  people  of  the  state  of  California.  Upon  the  revocation  of  any 
license,  the  fact  shall  be  noted  upon  the  records  of  the  board  of  dental  examiners 
and  the  license  shall  be  marked  as  canceled,  upon  the  date  of  its  revocation. 
[New  section,  Stats.  1903,  326.] 

§  22.  The  members  of  the  board  of  dental  examiners  shall  make  an  annual 
report  of  its  proceedings  to  the  governor  of  California  by  the  first  of  December 
of  each  year,  together  with  an  account  of  all  moneys  received  and  disbursed  by 
them,  pursuant  to  this  act. 

§  23.  Four  members  of  said  board  of  dental  examiners  shall  constitute  a 
quorum  for  the  transaction  of  business  at  any  meeting  of  the  board. 

§  24.  Nothing  in  this  act  shall  be  so  construed  as  to  interfere  with  the  rights 
and  privileges  of  physicians  and  surgeons  in  the  discharge  of  their  duties. 

§  25.  This  act  shall  take  effect  immediately,  and  all  laws  in  conflict  with  this 
act  are  hereby  repealed. 

Ex    parte    Whitley,    144    Cal.    167,    168,    77  As    to    discrimination    In    allowing    dental 

Pac.  Rep.   879.  students  to  practise,   see   6   L.   R.   A.    119. 

The  Statute  of  1885,  110,  oh.  CXXVII,  was  As    to    discrimination    In     favor    of    those 

superseded     lay    the    r.ew     statute     of     1901,  practising:   In    same    place    for    certain    time, 

above.  see  6  L.   R.  A.   709. 

As  to  practitioner  of  medicine  or  surgery,  As    to    Injunction    against   practice   of,    see 

see  28  L.  R.  A.  139:  45  L,.  R.  A.  269.  20   L.   R.   A.    432. 

As   to   clearness   of  act   providing   for   ex-  As    to    Insufficiency    of    allegations    as    to 

amination  of,  see  49  L.  R.  A.  695.  dental  college,  see  44  L.  R.  A.  635. 

As    to    delegating    appointment    of    exam-  As   to   Judicial   power   to  review  action   of 

Iners   in   state   dental   association,   see   51   L.  board   in    respect   to   license   of   dentist,    see 

R.  A.  748.  note   20  L.   R.   A.   355. 


DISINTERMENT,   PERMIT — SHEEP-KILLING    DOGS.  300 

As    to    legislative    regulation;    exercise    of  Requiring    examination    of    applicants    to 

police  poTv-er,  see  brief  in  51  L.  R.  A.  748.  practice  except  graduates  of  regular  college 

"aiay"   construed   as   "must"   in   action   for  of  dentistry. — See  49  L.  R.  A.  695. 

examination. — See  49  L.  R.  A.  635.  Requiring  diploma  as  condition  of  grant- 
Mandamus     to     compel    dental     examiners  ing  license. — See  6   L.   R.  A.   119. 

to  indorse  diploma. — See  44  L.  R.  A.   635.  "Statute  requiring  examination  and  license 

Regulating  qualifications, — as  to.  see  brief  as  prerequisite  to  ownership  of  dental  office 

in  49  L.  R.  A.  696.  Unconstitutional." — See  3  Mich.  L.  Rev.  465. 

DEPENDENT  POOR. 

See  Indigent  Persons. 

DEPOSITARIES  OF  MONEY. 
See  Banks  and  Banking. 

DIPHTHERIA. 
See  State  Board  of  Health. 

DISINTERMENT  OF  HUMAN  REMAINS;  PERMITS,  ETC. 
See  Cemeteries;  Public  Health. 

DISTRICT  ATTORNEY. 

Authorizing  and  directing  district  attorneys  to  bring  suits  to  abate  public 

nuisances. 

(Stats.  1899,  103,  ch.  LXXXVIII.) 

§  1.  The  district  attorney  of  any  county  of  this  state  in  which  a  public 
nuisance  may  now  or  thereafter  shall  exist,  may,  and  when  directed  by  the 
board  of  supervisors  of  the  county  shall,  bring  a  civil  action  in  the  name 
of  the  people  of  the  state  to  abate  said  nuisance. 

§  2.     All  acts  or  parts  of  acts  in  conflict  with  this  are  hereby  repealed. 

§  3.     This  act  shall  take  effect  and  be  in  force  immediately  after  its  passage. 

See  License  Tax;  Ferry;  Bridge. 

DITCHES. 

See  Water  Ditches  and  Flumes. 

DIVISION  FENCES. 

See  Fences. 

DOGS— SHEEP  KILLING. 

The  Act  of  1865-6,  225,  ch.  CCXXVIl,  is  believed  to  be  superseded.  See 
KERR'S  CIVIL  CODE,  §  3341,  and  subd.  27  of  §  25  of  County  Government 
Act.     The  statute  is  therefore  omitted  here. 

DONATIONS  TO  STATE. 

See  Gifts  to  Public  Use;  State  of  California. 

As  to  donations  to  state  by  will,  sec  KERR'S  CYC.  CIV.  CODE,  §  1275  and  note. 

DOWNIEVILLE— TOWN. 

See  Municipal  Corporations. 

Gen.  Laws — 24 


370  LAND  DRAINAGE — DISTRICT — SUPERVISORS. 

DRAINAGE— LANDS. 

An  act  to  promote  drainage. 
(Stats.  1885,  204,  ch.  CLVIII;  amended  1891,  262,  eh.  CLXXXII.) 

§  1.  Whenever  the  owners  of  two  thirds  of  any  body  of  lauds  susceptible 
of  one  mode  of  drainage  desire  to  drain  the  same,  they  may  present  to  the 
board  of  supervisors  of  the  county  in  which  the  lands,  or  the  greater  portion 
thereof,  are  situated,  at  a  regular  meeting  of  the  board,  a  petition  setting 
forth  that  they  desire  to  adopt  measures  to  drain  the  same,  the  description 
of  the  land,  the  number  of  acres  in  the  whole  district,  and  the  number  of  acres 
in  each  tract,  and  the  names  of  the  owners  thereof,  and  the  names  of  three 
persons  who  may  desire  to  serve  as  trustees  for  the  first  three  months;  the 
petition  must  be  verified  by  the  affidavit  of  one  of  the  petitioners,  and  must 
be  published  for  four  weeks  next  preceding  the  hearing  thereof,  in  some 
newspaper  published  in  the  county  in  which  the  lands  are  situated ;  or  if  there 
is  no  newspaper  published  in  the  county,  then  it  must  be  published  in  some 
newspaper  having  a  general  circulation  in  the  county,  and  an  affidavit  of  such 
publication  must  be  filed  with  the  petition. 

§  2.  When  a  district  is  situated  partly  in  different  counties,  the  trustees 
must,  after  the  petition  has  been  granted,  forward  a  copy  thereof  to  the  clerk 
of  the  board  of  supervisors  of  any  county  in  which  any  portion  of  the  district 
may  lie,  and  the  board  to  which  the  same  is  forwarded  must  not  allow  another 
district  to  be  formed  within  such  district,  unless  with  the  consent  of  the  trus- 
tees thereof. 

§  3.  If  the  board  of  supervisors  find,  upon  the  hearing  of  such  petition, 
that  lands  have  been  improperly  included  in  such  district,  they  may,  before 
fixing  the  final  boundaries,  exclude  from  such  district  any  lands  which  may 
have  been  included,  or  include  any  lands  adjacent  thereto,  on  petition  of  any 
owner  of  such  land  presented  at  such  time  of  hearing,  as  they  may  deem  for 
the  best  interests  of  such  district;  and  they  must  then  define  the  boundaries, 
declare  the  district  duly  formed,  and  the  persons  named  in  the  petition  for 
the  formation  of  such  district  to  be  the  trustees  for  the  first  three  months,  or 
until  their  successors  are  appointed.     [Amendment,  Stats.  1891,  262.] 

§  4.     The  petition  must  then  be  recorded  by  the  county  recorder. 

§  5.  After  the  approval  of  the  petition  the  petitioners  may  make  such  by- 
laws as  they  deem  necessary  for  future  appointment  of  trustees,  and  to  effect 
the  work  of  drainage,  keep  the  same  in  repair  and  operation,  and  for  the  con- 
trol and  management  thereof,  by  the  votes  or  consent  of  the  owners  of  a 
majority  of  the  land  in  the  district. 

§  6.  The  by-laws  adopted  must  be  signed  by  persons  owning  a  majority 
of  land  in  the  district,  and  must  be  recorded  by  the  county  recorder. 

§  7.  The  board  thus  formed  shall  have  power  to  elect  one  of  their  number 
president  thereof,  and  to  employ  engineers  to  survey,  plan,  locate,  and  esti- 
mate the  cost  of  the  works  necessary  for  drainage,  and  the  land  needed  for 
right  of  way,  including  drains,  canals,  sluices,  water  gates,  embankments,  and 
material  for  construction,  and  to  construct,  maintain,  and  keep  in  repair  all 
works  necessary  to  the  object  in  view. 


DRAINAGE    DISTRICT— COMMISSIONERS    OF,    DUTIES.  871 

§  8.  The  board  of  trustees  must  report  to  the  board  of  supervisors  of  the 
county,  or  if  the  district  is  situated  in  more  than  one  county  then  to  the 
board  of  supervisors  of  each  county  in  which  the  district  is  situated,  the  plans 
of  the  work  and  estimates  of  the  costs,  together  with  the  estimates  of  the  inci- 
dental expenses  of  superintendence,  repairs,  etc. 

§  9.  The  board  by  which  the  district  was  formed  must  appoint  three 
commissioners,  disinterested  persons  residing  in  the  county  in  which  the  dis- 
trict, or  some  part  thereof,  is  situated,  and  such  commissioners  must  view 
and  assess  upon  the  lands  situated  in  the  district  a  charge  proportionate  to 
the  whole  expense,  and  to  the  benefit  which  will  result  from  such  work,  which 
charge  must  be  collected  and  paid  into  the  county  treasury  as  hereinafter 
provided,  and  must  be  placed  by  the  treasurer  to  the  credit  of  the  district,  and 
paid  out  for  the  work  of  drainage  upon  the  warrants  of  the  trustees  appointed 
by  the  board  of  supervisors  of  the  county, 

§  10.  The  warrants  drawn  by  the  trustees  must,  after  they  are  approved 
by  the  board  of  supervisors,  be  presented  to  the  treasurer  of  the  county,  and 
if  they  are  not  paid  on  presentation,  like  indorsements  must  be  made  thereon, 
and  they  must  be  registered  in  like  manner  as  county  warrants. 

§  11.  If  a  district  is  situated  partly  in  different  counties  the  charges  must 
be  paid  into  the  treasury  of  the  county  in  which  the  particular  tract  may  be 
situated. 

§  12.  If  the  original  assessment  is  insufficient  to  provide  for  the  complete 
drainage  of  the  lands  of  the  district,  or  if  further  assessments  are  from  time 
to  time  required  to  provide  for  the  protection,  maintenance,  and  repairs  of 
the  works,  the  trustees  must  present  to  the  board  of  supervisors  by  which 
the  district  was  formed  a  statement  of  the  work  to  be  done  and  its  estimated 
cost,  and  the  board  must  make  an  order  directing  that  the  commissioners  who 
made  the  original  assessment,  or  other  commissioners  to  be  named  in  such 
order,  to  assess  the  amount  of  such  estimated  cost  as  a  charge  upon  the  lands 
in  the  district,  which  assessment  must  be  made  and  collected  in  the  same 
manner  as  the  original  assessment. 

§  13.  The  commissioners  appointed  by  the  board  of  supervisors  must  make 
a  list  of  the  charges  assessed  against  each  district  of  land,  and  the  list  must 
contain  a  description  of  each  tract  assessed,  the  number  of  acres  in  each 
tract,  and  the  names  of  the  owners  in  each  tract,  if  known,  and  if  unknown, 
the  amount  of  charges  assessed  against  each  tract;  and  the  board  of  commis- 
sioners must,  on  completion  of  such  list,  cause  a  notice  to  be  published  in 
some  paper  published  in  the  county  where  such  district  is  situated,  and  also 
have  such  notice  posted  in  three  places  in  such  district,  to  the  effect  that  the 
board  of  commissioners  will,  in  ten  days  from  the  publication  of  such  notice, 
meet  (and  they  shall  also  name  the  time  and  place  of  such  meeting)  as  a 
board  of  equalization  for  the  purpose  of  equalizing  assessments,  and  will  con- 
tinue in  session  as  long  as  may  be  necessary,  not  to  exceed  ten  days,  at  the 
end  of  which  time,  having  equalized  and  adjusted  such  assessments,  the  list 
must  then  be  filed  as  hereinafter  provided.     [Amendment,  Stats.  1891,  262.] 

§  14.  The  list  so  made  must  be  filed  with  the  county  treasurer  of  the 
county,  or  if  the  district  is  partly  situated  in  different  counties,  then  the 


373  DRAINAGE    DISTRICT— CONSTRUCTION    FUND. 

original  list  must  be  filed  in  the  county  first  in  order  under  alphabetical 
arrangement,  and  copies  thereof,  certified  by  the  commissioners,  must  be  filed 
with  the  treasurers  of  each  of  the  other  counties.  From  and  after  the  filing 
of  the  list,  or  certified  copies  thereof,  the  charges  assessed  upon  any  tract  of 
land  in  the  county  constitutes  a  lien  thereon;  and  the  list  thus  prepared  must 
remain  in  the  office  of  the  treasurer  for  thirty  days,  or  longer  if  ordered  by 
the  board  of  trustees;  and  during  the  time  they  so  remain  any  person  may 
pay  the  amount  of  the  charges  against  any  tract  to  the  treasurer  without 
costs ;  or  if  so  ordered  by  the  board  of  trustees,  said  payments  may  be  by  instal- 
ments; and  if  at  the  end  of  thirty  days,  or  of  the  longer  period  fixed  by 
trustees,  all  of  the  charges,  or  all  of  any  instalments  ordered  by  them,  have 
not  been  paid,  the  treasurer  must  return  the  list  to  the  district  attorney,  who 
must  at  once  proceed  by  civil  action  to  collect  such  charges. 

§  15.  The  work  must  be  executed  under  the  direction  and  in  the  manner 
prescribed  by  the  board  of  trustees. 

§  16.  The  board  must  keep  accurate  accounts  of  all  expenditures,  which 
accounts,  and  all  contracts  that  may  be  made  by  them,  are  open  to  the  inspec- 
tion of  the  board  of  supervisors,  and  every  person  interested. 

§  17.  The  trustees  may  acquire,  by  purchase,  all  property  necessary  to 
carry  out  and  maintain  the  system  of  drainage  provided  for. 

§  18.  The  trustees  may  acquire,  by  condemnation,  the  right  of  way  for 
canals,  drains,  embankments,  and  other  works  necessary,  and  may  take  ma- 
terials for  the  construction,  maintenance,  and  repair  thereof  from  lands  out- 
side of  as  well  as  in  the  limits  of  said  district. 

§  19.  The  provisions  of  title  seven,  part  three,  of  the  Code  of  Civil  pro- 
cedure are  applicable  to,  and  condemnation  herein  provided  for  must  be  made 
thereinunder. 

§  20.  Whenever  any  district  susceptible  of  one  mode  of  drainage,  entirely 
owned  by  parties  who  desire  to  drain  the  same,  and  to  manage  such  drainage 
without  the  intervention  of  trustees  of  [or],  the  establishment  of  by-laws, 
they  may  file  the  petition  provided  for  in  sections  one  and  two,  and  must 
state  therein  that  they  intend  to  undertake  such  drainage  on  their  own  respon- 
sibility. If  the  petition  is  granted,  the  owners  of  the  land  have  all  the 
rights,  immunities,  and  privileges  granted  to  boards  of  trustees,  and  in  all 
proceedings  the  names  of  owners  may  be  used  instead  of  the  names  of  trustees. 
§  21.     This  act  shall  take  eff:ect  upon  its  passage. 

The    Statute    of    1881,   15,    on    this    subject  Stat.       1885,       204. — Nickey       vs.       Stearns 

was    held    unconstitutional    in    Nickey    vs.  Ranches  Co.,  supra;  Laguna  Drainage  Dist. 

Stearns    Ranches    Co.,    126    Cal.    150,    151,    58  vs.    Chas.    Martin   Co.,    144   Cal.    209,    77   Pac. 

Pac.   Rep.   459.     But  see  the  earlier  case   of  Rep.   933. 

Holley  vs.  County  Orange,  106  Cal.  420,  422,  See  note  at  end  of  this  title. 
39   Pac.   Rep.    790. 

DRAINAGE— CONSTRUCTION  FUND. 

Authorizing  the  controller  and  treasurer  to  transfer  to  the  general  fund  all 
moneys  now  in  the  state  drainage  construction  fund,  and  also,  from  time 
to  time,  to  transfer  to  the  general  fund  all  moneys  that  may  hereafter 
be  paid  into  the  state  drainage  construction  fund. 
(Stats.  1891,  237,  ch.  CLXV.) 


drainage:   districts — funds   of    various.  378 

§  1.  The  controller  is  hereby  authorized  to  transfer  to  the  general  fund 
all  moneys  standing  to  the  credit  of  the  state  drainage  construction  fund,  and 
also,  from  time  to  time,  to  transfer  to  the  general  fund  all  moneys  that  may 
hereafter  be  paid  into  the  state  drainage  construction  fund. 

§  2.  The  controller,  immediately  after  making  the  transfers  provided  for 
in  this  act,  shall  notify  the  state  treasurer  of  the  same,  and  the  treasurer  shall 
thereupon  make  corresponding  transfers  upon  the  books  of  his  office. 

§  3.     This  act  shall  take  effect  immediately. 

See  State  Funds;  and  see  next  following  several  statutes  and  note. 

DRAINAGE  FUND,  DIST.  NO.  1. 

Authorizing  the  controller  and  treasurer  to  transfer  to  the  general  fund  all 
moneys  to  the  credit  of  the  construction  fund  of  drainage  district  number 
one,  and  also,  from  time  to  time,  to  transfer  to  the  general  fund  all 
moneys  that  may  hereafter  be  paid  into  said  construction  fund  of  drain- 
age district  number  one. 

(Stats.  1891,  279,  eh.  CXCVII.) 

§  1.  The  controller  is  hereby  authorized  to  transfer  to  the  general  fund 
all  moneys  to  the  credit  of  the  construction  fund  of  drainage  district  number 
one,  and  also,  from  time  to  time,  to  transfer  to  the  general  fund  all  moneys 
that  may  hereafter  be  paid  into  the  construction  fund  of  drainage  district 
number  one. 

§  2.  The  controller,  immediately  after  making  the  transfers  provided  for 
in  this  act,  shall  notify  the  state  treasurer  of  the  same,  and  the  treasurer  shall 
thereupon  make  corresponding  transfers  on  the  books  of  his  office. 

§  3.     This  act  shall  take  effect  immediately. 

DRAINAGE  FUND,  DIST.  5,  AND  OTHER  FUNDS. 

Authorizing  the  controller  and  treasurer  to  transfer  to  the  general  fund  all 
moneys  now  in  the  election  reward  fund,  the  leprosy  fund,  and  interest 
and  sinking  fund,  levee  district  number  five,  and  abolishing  the  leprosy 
fund  and  interest  and  sinking  fund,  levee  district  number  five. 

(Stats.  1893,  6,  ch.  IX.) 

§  1.  The  controller  is  hereby  authorized  to  transfer  to  the  general  fund  all 
moneys  standing  to  the  credit  of  the  election  reward  fund,  the  leprosy  fund 
and  interest  and  sinking  fund,  levee  district  number  five. 

§  2.  The  controller,  immediately  after  making  the  transfers  provided  for 
in  this  act,  shall  notify  the  state  treasurer  of  the  same,  and  the  treasurer  shall 
thereupon  make  corresponding  transfers  upon  the  books  of  his  office. 

§  3.  The  funds  known  as  the  leprosy  fund  and  interest  and  sinking  fund, 
levee  district  number  five,  are  hereby  abolished. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 


374  SACRAMENTO    DRAINAGE    DISTRICT — BOUNDARIES. 

DRAINAGE— SACRAMENTO  DISTRICT. 

To  create  a  drainage  district  to  be  called  "Sacramento  Drainage  District," 
to  promote  drainage  therein ;  to  provide  for  the  election  and  appointment 
of  officers  of  said  drainage  district;  defining  the  powers,  duties  and  com- 
pensations of  such  officers  and  providing  for  the  creation,  division  and 
management  of  reclamation,  swamp  land,  levee,  drainage  and  protection 
districts  within  said  Sacramento  drainage  district,  and  providing  for 
levying  and  collecting  assessments  upon  the  lands  within  said  drainage 
district. 

(Stats.  1905,  443,  ch.  CCCLXVIII,  approved  March  20,  1905.) 

§  1.  There  is  hereby  created  a  drainage  district  to  be  known  and  designated 
as  "Sacramento  Drainage  District,"  the  boundaries  of  which  said  district  are 
as  follows : 

Commencing  at  the  northwest  corner  of  section  twenty-six,  Tp.  3  N.  R.  1 
E.  M.  D.  B.  &  M.     Thence  southeast  to  the  southeast  corner  of  said  section 
twenty-six;  thence  east  on  section  line  to  the  southwest  corner   of  section 
twenty-nine,  Tp.  3  N.  R.  2  E.     Thence  northeast  to  the  northeast  corner  of 
said  section  twenty-nine;  thence  east  one  half  mile;  thence  north  one  half 
mile ;  thence  east  one  half  mile ;  thence  northeasterly  in  a  direct  line  to  the 
southeast  corner  of  Tp.  4  N.  R.  2  E.    Thence  north  along  range  line  to  south- 
east corner  of  section  tewlve,  Tp.  4  N.  R.  2  E.     Thence  west  one  mile  to  the 
southwest  corner  of  section  twelve;  thence  northwest  in  a  direct  line  to  the 
southeast  corner  of  section  twenty-nine,  Tp.  5  N.  R.  2  E.     Thence  northwest- 
erly in  a  direct  line  to  the  quarter  section  corner  of  the  west  line  of  section 
twenty-nine,  Tp.  5  N.  R.  2  E.     Thence  west  one  and  one  half  miles  to  the 
center  of  section  twenty-five,  Tp.  5  N.  R.   1  E.     Thence  following  quarter 
section  lines  north  four  miles  to  center  of  section  one,  Tp.  5  N.  R.  1  E.    Thence 
east  one  half  mile  to  the  quarter  section  corner  on  the  east  line  of  section  one, 
Tp.  5  N.  R.  1  E.    Thence  north  one  half  mile  to  the  northwest  corner  of  Tp. 
5  N.  R.  2  E.     Thence  east  along  township  line  one  mile  more  or  less  to  the 
southwest  corner  of  section  thirty-two,  Tp.  6  R.  2  E.     Thence  following  legal 
subdivision  line  in  said  Tp.  6  N.  R.  2  E,  north  one  mile  to  the  northwest  corner 
of  section  thirty-two ;  east  one  half  mile  to  the  quarter  section  corner  of  the 
south  line  of  section  twenty-nine;  north  one  half  mile  to  the  center  of  section 
twenty-nine;  east  one  half  mile  to  the  quarter  sect^'on  corner  on  the  east  line 
of  section  twenty-nine ;  north  one  half  mile  to  the  northwest  corner  of  section 
twenty-eight;  east  one  half  mile  to  the  quarter  section  corner  on  the  south 
line  of  section  twenty-one ;  north  one  half  mile  to  the  center  of  section  twenty- 
one;  east  one  half  mile  to  the  quarter  section  corner  on  the   east  line  of 
section  twenty-one;  north  one  and  one  half  miles  to  the  northwest  corner  of 
section  fifteen;  east  one  mile  to  the  northeast  corner  of  section  fifteen;  north 
one  half  mile  to  the  quarter  section  corner  on  the  west  line  of  section  eleven ; 
east  one  mile  to  the  quarter  section  corner  on  the  east  line  of  section  eleven ; 
north  one  half  mile  to  the  northwest  corner  of  section  twelve;  east  one  mile 
to  the  northeast  corner  of  section  twelve;  thence  north  along  the  range  line 
one  mile  to  the  northwest  corner  of  Tp.  6  N.  R.  3  E.     East  one  half  mile  to 
the  quarter  section  corner  on  the  south  line  of  section  thirty-one,  Tp.  7  N. 


SACRAMENTO    DRAINAGE    DISTRICT— BOUNDARIES.  875 

R.  3  E.  Thence  following  the  legal  subdivision  lines  in  Tp.  7  N.  R.  3  E.  north 
two  miles  to  the  quarter  section  corner  on  the  north  line  of  section  thirty; 
east  one  half  mile  to  the  northeast  corner  of  section  thirty;  north  two  and 
one  half  miles  to  the  quarter  section  corner  on  the  west  line  of  section  eight; 
east  one  mile  to  the  quarter  section  corner  on  the  east  line  of  section  eight; 
thence  north  two  and  one  half  miles  along  section  lines  to  the  northwest 
corner  of  section  thirty-three,  Tp.  8  N.  R.  3  E.  Thence  west  along  section 
line  two  miles  to  the  southwest  corner  of  section  thirty,  Tp,  8  N.  R.  3  E ;  thence 
north  along  township  line  to  the  southwest  corner  of  section  six  in  said 
township ;  thence  east  one  and  one  half  miles  to  the  quarter  section  corner  on 
the  south  boundary  of  section  five  in  said  township;  thence  north  one  mile 
to  the  quarter  section  corner  on  the  north  line  of  said  section  five;  thence  west 
along  section  lines  two  and  one  half  miles  to  the  southwest  corner  of 
section  thirty-six,  Tp.  9  N.  R.  2  E.  Thence  north  along  section  line  three 
miles  to  the  northwest  corner  of  section  twenty-four,  Tp.  9  N.  R.  2  E.  Thence 
west  one  half  mile  to  the  quarter  section  corner  on  the  south  line  of  section 
fourteen,  Tp.  9  N.  R.  2  E.  Thence  along  quarter  section  line  four  miles  to 
the  quarter  section  corner  on  the  north  line  of  section  thirty-five,  Tp.  10  N. 
R.  2  E.  Thence  east  one  mile  to  the  quarter  section  corner  on  the  north 
line  of  section  thirty-six  in  said  township;  thence  north  one  mile  to  the  quar- 
ter section  corner  on  the  north  line  of  section  twenty-five  in  said  township ; 
thence  east  one  half  mile  to  the  township  line ;  thence  north  two  miles  to  the 
northeast  corner  of  section  thirteen  in  said  township ;  thence  west  one  quar- 
ter of  a  mile;  thence  north  one  half  mile;  thence  west  three  quarters  of  a 
mile  to  the  quarter  section  corner  on  the  west  boundary  of  section  twelve 
in  said  township ;  thence  north  one  mile  to  the  quarter  section  corner  on  the 
west  boundary  of  section  one  in  said  township;  thence  north  one  mile  to  the 
quarter  section  corner  on  the  west  boundary  of  section  one ;  thence  west  one 
half  mile  to  the  center  of  section  two;  thence  north  one  and  one  half  miles 
to  the  quarter  section  corner  on  the  north  line  of  section  thirty-five,  Tp.  11 
N.  R.  2  E.  Thence  west  to  the  northwest  corner  of  section  thirty-five  in  said 
township.  Thence  following  legal  subdivision  lines  in  Tp.  11  N.  R.  2  E. 
north  two  miles  to  the  northwest  corner  of  section  twenty-three;  west  two 
miles  to  the  southwest  corner  of  section  sixteen,  north  one  half  mile  to  the 
quarter  section  corner  on  the  east  line  of  section  seventeen;  west  one  half 
mile  to  the  center  of  section  seventeen,  north  one  quarter  mile,  west  one 
half  mile  to  the  west  line  of  section  seventeen,  north  one  quarter  mile  to  the 
northwest  corner  of  section  seventeen ;  thence  west  three  quarters  of  a  mile ; 
thence  north  one  quarter  of  a  mile;  thence  west  one  half  mile;  thence  north 
one  half  mile ;  thence  west  one  quarter  of  a  mile  to  the  west  boundary  of 
section  seven;  thence  south  three  quarters  of  a  mile  to  the  southwest  corner 
of  section  seven;  thence  west  on  section  lines  two  miles  to  the  southwest 
corner  of  section  eleven,  Tp.  11  N.  R.  1  E.  Thence  following  legal  subdivision 
lines  in  Tp.  11  N.  R.  1  E.  north  one  mile  to  the  northM^est  corner  of  section 
eleven,  west  one  half  mile  to  the  quarter  section  corner  on  the  south  line 
of  section  three,  north  one  half  mile  to  the  center  of  section  three,  west  three 
miles  to  the  center  of  section  six,  north  one  half  mile  to  the  quarter  section 
corner  on  the  north  line  of  section  six;  thence  west  along  township  line  one 


376  SACRAMENTO   DRAINAGE    DISTRICT— BOUNDARIES. 

half  mile  to  the  southwest  corner  of  Tp.  12  N.  R.  1  E.     Thence  north  along 
range  line  one  mile  to  the  northwest  corner  of  section  thirty-one,  Tp.  12  N. 
R.  1  E.    Thence  following  legal  subdivision  lines  in  Tp.  12  N.  R.  1  W.  west 
one  half  mile  to  the  quarter  section  corner  on  south  line  of  section  twenty- 
five,  north  one  mile  to  the  quarter  section  corner  on  the  north  line  of  section 
twenty-five,  west  one  quarter  mile,  north  one  mile  to  the  north  line  of  sec- 
tion twenty-four,  west  one  half  mile,  north  one  mile  to  the  north  line  of 
section  fourteen,  east  one  quarter  mile  to  the  southwest  corner  of  section 
twelve,  north  one  mile  to  the  northwest  corner  of  section  twelve,  east  one 
half  mile  to  the  quarter  section  corner  on  the  south  line   of  section   one; 
thence  north  on  quarter  section  lines  two  miles  to  the  quarter  section  corner 
on  the  north  line  of  section  thirty-six,  Tp.  13  N.  R.  1  W. ;  thence  following 
legal  subdivision  lines  in  Tp.  13  N.  R.  1  W.  east  one  quarter  mile,  north  one 
half  mile,  west  one  quarter  mile,  to  the  center  of  section  twenty-five,  north 
one  quarter  mile,  west  one  quarter  mile,  north  one  half  mile,  west  one  quarter 
mile  to  the  west  line  of  section  twenty-four,  north  one  quarter  mile  to  the 
quarter  section  corner  on  the  east  line  of  section  twenty-three,  west  one  quar- 
ter mile,  north  one  quarter  mile,  west  one  quarter  mile,  north  one  quarter 
mile  to  the  quarter  section  corner  on  the  north  line  of  section  twenty-three, 
west  one  quarter  mile,  north  one  quarter  mile,  west  one  half  mile,  north  one 
quarter  mile,  west  one  half  mile,  north  one  quarter  mile,  west  one  quarter 
mile  to  the  west  line  of  section  fifteen,  north  one  quarter  mile  to  the  north- 
west corner  of  section  fifteen,  west  one  quarter  mile,  north  one  mile,  to  the 
north  line  of  section  nine,  west  one  quarter  mile  to  the  quarter  section  corner 
on  the  south  line  of  section  four,  north  one  half  mile  to  the  center  of  section 
four,  west  one  quarter  mile,  north  one  half  mile  to  the  north  line  of  section 
four;  thence  west  along  the  township  line  three  quarters  of  a  mile  to  the 
quarter  section  corner  on  the  south  line  of  section  thirty-two,  Tp.  14  N.  R. 
1  W.     Thence  following  legal  subdivision  lines  in  Tp.  14  N.  R.  1  W.  north 
one  and  one  half  miles  to  the  center  of  section  twenty-nine,  west  one  half 
mile  to  the  quarter  section  corner  on  the  west  line  of    section    twenty-nine, 
north  one  half  mile  to  the  northwest  corner  of  section  tw^enty-nine,  w^est  one 
quarter  mile,  north  one  and  one  quarter  miles,  west  one  quarter  mile,  north 
one  half  mile,  west  one  quarter  mile,  north  one  quarter  mile,  to  the  north 
line  of  section  eighteen,  west  one  quarter  mile  to  the  northwest  corner  of 
section  eighteen;  thence  north  along  the  range  line  two  miles  to  the  north- 
west corner  of  Tp.  14  N.  R.  1  W.     Thence  along  legal  subdivision  lines  in 
Tp.  15  N.  R.  2  W.  as  follows:      West    one  half    mile  to  the  quarter  section 
corner  on  the  south  boundary  of  section  thirty-six ;  thence  north  one  and  one 
half  miles  to  the  center  of  section  twenty -five;  thence  west  one  half  mile  to 
the  quarter  section  corner  on  the  west  boundary  of  section  twenty-five ;  thence 
north  two  and  one  half  miles  to  the  southeast  corner  of  section  eleven ;  thence 
west  one  half  mile  to  the  quarter  section  corner  on  the  south  line  of  section 
eleven;  thence  north  one  mile  to  the  quarter  section  corner  on  the  north  line 
of  section  eleven;  thence  west  one  half  mile  to  the  southwest  corner  of  sec- 
tion two ;  thence  north  one  mile  to  the  northwest  corner  of  section  two ; 
thence  west  one  half  mile  to  the  quarter  section  corner  on  the  south  line  of 
section  thirty-four,  Tp.  16  N.  R.  2  W.     Thence  following  legal  subdivision 


SACRAMENTO   DRAINAGE   DISTRICT — BOUNDARIES.  377 

lines  in  Tp.  16  N.  R.  2  W.  as  follows:  North  one  half  mile  to  the  center  of 
section  thirty-four,  west  one  half  mile  to  the  quarter  section  corner  on  the 
west  line  of  section  thirty-four;  thence  north  one  half  mile  to  the  northwest 
corner  of  section  thirty-four;  thence  west  one  half  mile  to  the  quarter  section 
corner  on  the  south  line  of  section  twenty-eight ;  thence  north  one  half  mile 
to  the  center  of  section  twenty-eight;  thence  west  one  half  mile  to  the  quar- 
ter section  corner  on  the  west  line  of  section  twenty-eight ;  thence  north  four 
and  one  half  miles  to  the  southeast  corner  of  section  thirty-two,  Tp.  17  N.  R. 
2  W.  Thence  west  along  township  line  one  mile  to  the  southwest  corner  of 
said  section  thirty-two ;  thence  north  six  miles  to  the  southwest  corner  of  sec- 
tion thirty-two,  Tp.  18  N.  R.  2  W.  Thence  east  one  mile  to  the  southeast 
corner  of  said  section  thirty-two ;  thence  north  six  miles  to  the  northeast 
corner  of  section  five  in  said  township ;  thence  east  on  township  line  to  the 
southwest  corner  of  Tp.  19  N.  R.  1  W.  Thence  north  four  miles  along  range 
line ;  thence  east  two  miles  more  or  less  to  the  center  of  the  Sacramento 
river;  thence  northerly  following  the  center  line  of  said  river  to  its  inter- 
section with  the  north  line  of  Tp.  19  N.  R.  1  W.  Thence  east  along  township 
line  four  miles  more  or  less  to  the  northeast  corner  of  Tp.  19  N.  R.  1  W. 
Thence  south  along  meridian  line  five  miles  to  the  northwest  corner  of  section 
thirty-one,  Tp.  19  N.  R.  1  E.  Thence  east  along  the  north  line  of  said  section 
thirty-one  to  the  west  line  of  Rancho  Aguas  Frias;  thence  southerly  along 
the  west  line  of  the  said  rancho  one  mile  to  the  north  line  of  Tp.  18  N.  R. 
1  E.  Thence  east  along  the  north  line  of  sections  six  and  five,  Tp.  18  N.  R. 
1  E.  to  the  northeast  corner  of  section  five,  Tp.  18  N.  R.  1  E.  Thence  south 
following  section  line  eleven  miles  to  the  southeast  corner  of  section  twenty- 
nine,  Tp.  17  N.  R.  1  E.  Thence  west  one  half  mile  to  the  quarter  section 
corner  on  the  north  line  of  section  thirty-two,  Tp.  17  N.  R.  1  E.  Thence  south 
along  quarter  section  line  two  miles  to  the  quarter  section  corner  on  the 
south  line  of  section  five,  Tp.  16  N.  R.  1  E.  Thence  west  one  half  mile  to  the 
northeast  corner  of  section  seven,  Tp.  16  N.  R.  1  E.  Thence  south  one  mile 
to  the  southeast  corner  of  said  section  seven;  thence  west  one  mile  to  the 
southwest  corner  of  said  section  seven;  thence  south  along  range  line  two 
miles  to  the  northwest  corner  of  section  thirty,  Tp.  16  N.  R.  1  E.  Thence 
following  legal  subdivision  lines  in  Tp.  16  N.  R,  1  E.  east  one  quarter  mile; 
thence  south  one  half  mile;  thence  east  one  quarter  mile  to  the  center  of 
section  thirty;  thence  south  one  half  mile  to  the  quarter  section  corner  on 
the  south  line  of  section  thirty;  thence  east  one  half  mile  to  the  northeast 
corner  of  section  thirty-one;  thence  south  one  mile  to  the  northeast  corner 
of  section  six,  Tp.  15  N.  R.  1  E.  Thence  following  legal  subdivision 
lines  in  Tp,  15  N.  R.  1  E.  south  one  half  mile  to  the  quarter  section  corner 
on  the  west  line  of  section  five,  east  one  half  mile  to  the  center  of  section 
five,  south  one  half  mile  to  the  quarter  section  corner  on  the  south  line  of 
section  five,  east  one  and  one  half  miles  to  the  northeast  corner  of  section 
nine,  south  one  half  mile  to  the  quarter  section  corner  on  the  west  line  of 
section  ten,  east  one  mile  to  the  quarter  section  corner  on  the  east  line  of 
section  ten ;  south  one  half  mile  to  the  southeast  corner  of  section  ten ;  thence 
east  along  section  lines  four  miles  to  the  northeast  corner  of  section  seven- 
teen, Tp.  15  N.  R.  2  E.    Thence  east  on  section  lines  to  the  center  of  Feather 


378  SACRAMENTO    DRAINAGE    DISTRICT — BOUNDARIES. 

River-  thence  along  the  center  of  Feather  River  to  its  intersection  with  Yuba 
River;  thence  up  the  center  of  Yuba  River  to  where  the  center  of  said  river 
crosses  the  section  line  running  north  and  south  between  sections  sixteen 
and  seventeen  in  Tp.  15  N.  R.  4  E.  Thence  south  on  section  line  to  the  south- 
west corner  of  section  four,  Tp.  13  N.  R.  4  E.  Thence  east  three  miles ;  thence 
north  to  the  north  boundary  of  Tp.  13  N.  R.  4  E.  Thence  east  along  town- 
ship line  five  miles;  thence  south  two  miles  to  the  southwest  corner  of  section 
eleven,  Tp.  13  N.  R.  5  E.  Thence  west  on  section  line  one  mile ;  thence  south 
one  mile  to  the  southwest  corner  of  section  fifteen,  Tp.  13  N.  R.  5  E.  Thence 
west  on  section  line  two  miles  to  the  northeast  corner  of  section  nineteen, 
Tp.  13  N.  R.  5  E.  Thence  south  one  mile  to  the  southeast  corner  of  said 
section  nineteen ;  thence  west  on  section  line  to  the  northwest  corner  of  sec- 
tion twenty-eight,  Tp.  13  N.  R.  4  E.  Thence  south  along  section  line  nine 
miles  to  the  southeast  corner  of  section  five,  Tp.  11  N.  R.  4  E.  Thence  east  on 
section  line  two  miles  to  the  northeast  corner  of  section  ten;  thence  south 
three  miles  to  the  southeast  corner  of  section  twenty-two ;  thence  east  one 
mile  to  the  northeast  corner  of  section  twenty-six;  thence  south  two  miles 
to  the  southeast  corner  of  section  thirty-five;  thence  east  along  the  north 
line  of  section  one,  Tp.  10  N.  R.  4  E.  to  the  northeast  corner  of  Tp.  10  N. 
R.  4  E.  Thence  south  along  range  line  six  miles  more  or  less  to  the  southeast 
corner  of  Tp.  10  N.  R.  4  E.  Thence  east  along  township  line  one  half  mile 
more  or  less  to  the  west  line  of  Rancho  del  Paso ;  thence  south  along  the  west 
line  of  said  rancho  four  miles;  thence  east  three  and  one  half  miles  more  or 
less  to  a  point  due  north  from  the  northeast  corner  of  section  fifteen,  Tp. 
8  N.  R.  5  E.  Thence  south  four  miles  more  or  less  to  the  northeast  corner 
of  section  fifteen,  Tp.  8  N.  R.  5  E.  Thence  following  legal  subdivision  lines 
in  Tp.  8  N.  R.  5  E.  south  one  mile  to  the  southeast  corner  of  section  fifteen, 
west  two  miles  to  the  southwest  corner  of  section  sixteen;  south  two  miles 
to  the  southeast  corner  of  section  twenty-nine ;  east  one  mile  to  the  northeast 
corner  of  section  thirty-three;  thence  south  along  section  lines  four  miles  to 
the  southeast  corner  of  section  sixteen,  Tp.  7  N.  R.  5  E.  Thence  west  one  mile 
to  the  southwest  corner  of  section  sixteen,  Tp.  7  N.  R.  5  E.  Thence  south 
along  section  line  seven  miles  to  the  southeast  corner  of  section  twenty,  Tp.  6 
N.  R.  5  E.  Thence  east  on  section  lines  to  the  center  of  the  Cosumnes  River; 
thence  down  the  center  of  the  Cosumnes  River  to  the  center  of  the  Mokelumne 
River;  thence  down  the  center  of  the  Mokelumne  River  to  its  forks  at  New 
Hope  landing;  thence  down  the  center  of  the  south  fork  of  the  Mokelumne 
River  to  its  intersection  with  Potato  Slough  near  the  northwest  corner  of  sec- 
tion thirteen,  Tp.  3  N.  R.  4  E.  Thence  down  the  center  of  Potato  Slough  to 
its  intersection  with  Little  Connection  Slough.  Thence  down  the  center  of 
Little  Connection  Slough.  Thence  down  Disappointment  Slough  to  the  center 
of  the  San  Joaquin  River;  thence  down  the  center  of  said  river  to  a  point 
due    south  of  the  place  of  beginning ;  thence  north  to  the  place  of  beginning. 

§  2.  The  officers  of  said  district  shall  consist  of  a  board  of  drainage  com- 
missioners, who  shall  hold  office  four  years  from  and  after  their  election  or 
appointment,  and  until  their  successors  have  qualified,  and  a  board  of  river 
control,  consisting  of  two  members  selected  as  hereinafter  provided. 

§  3.     Said  drainage  commissioners  shall  be  nine  in  number,   and   shall  be 


sacramejVto  draixage  district— election.  870 

selected  as  follows:  Two  from  the  county  of  Sacramento;  one  from  the 
county  of  San  Joaquin;  one  from  the  county  of  Solano;  one  from  the  county 
of  Yolo ;  one  from  the  county  of  Colusa ;  one  from  the  county  of  Sutter ;  one 
from  the  counties  of  Yuba  and  Placer  jointly,  and  one  from  the  counties  of 
Glenn  and  Butte  jointly. 

§  4.  An  election  shall  be  held  on  the  first  Saturday  after  the  first  day  of 
September,  in  the  year  one  thousand  nine  hundred  and  five,  and  every  four 
years  thereafter,  on  the  first  Saturday  after  the  first  day  of  September  of 
such  year,  in  that  portion  of  each  of  said  counties  situated  within  said  drain- 
age district,  at  which  election  said  commissioners  shall  be  elected.  At  such 
election  each  owner  of  land  within  that  portion  of  each  county  situated 
within  said  district  shall  be  entitled  to  cast  one  vote,  in  person  or  by  proxy, 
for  each  commissioner  to  be  elected  in  such  county  for  each  one  dollar's 
worth  of  real  estate  owned  by  such  landowner  within  said  district,  and  within 
said  county,  such  valuation  to  be  determined  by  the  next  preceding  assess- 
ment roll  of  such  county.  Where  more  than  one  commissioner  is  to  be  elected 
in  a  county,  every  owner  of  real  estate  entitled  to  vote  shall  have  the  right  to 
cumulate  his  or  her  votes  and  multiply  them  by  the  number  of  candidates 
to  be  elected  in  said  county,  and  give  one  candidate  all  of  said  votes,  or  dis- 
tribute such  votes  on  the  same  principle  among  as  many  candidates  as  may 
be  desired.  The  estates  of  minors,  incompetent  or  deceased  persons  shall  be 
represented  by  the  guardian,  executor,  administrator  or  trustee  in  person. 

The  board  of  supervisors  of  each  county  shall  designate  the  voting  places 
in  such  county.  Notice  of  the  time  and  place  of  holding  such  elections  in 
each  county  shall  be  given  by  publication  for  two  weeks  next  preceding  such 
election  in  some  newspaper  published  in  such  county,  and  in  case  there  is  a 
newspaper  published  in  such  drainage  district,  such  notice  must  be  published 
therein.  An  inspector  and  two  judges  of  election  shall  be  appointed  for  each 
voting  place,  who  shall  constitute  a  board  of  election  for  such  voting  place. 
Said  board  of  election  shall  be  appointed  by  the  board  of  supervisors  of  each 
county,  respectively.  In  case  no  board  of  election  shall  be  appointed,  or  if 
any  member  thereof  shall  fail  or  refuse  to  serve,  the  landowners  present  at 
such  election  may  appoint  such  board  of  election,  or  supply  the  place  of  an 
absent  member.  Each  member  of  the  board  of  election  must,  before  enter- 
ing upon  the  discharge  of  his  duties,  be  sworn  to  perform  them  faithfully. 
Any  person  entitled  to  vote  at  such  election  may  administer  the  oath.  The 
polls  shall  be  kept  open  from  ten  o'clock  a.  m.  until  four  o'clock  p.  m.  on  the 
day  of  said  election. 

The  board  of  election  must  keep  a  list  of  the  names  of  the  persons  voting 
at  such  election,  together  with  a  statement  of  the  number  of  votes  cast  by  each, 
and  shall  canvass  the  votes  and  make  a  return  thereof  showing  the  number  of 
votes  cast  for  each  person  for  drainage  commissioner,  and  shall  return  there- 
with said  list  containing  the  names  of  the  landowners  voting  at  such  election. 
Such  election  shall  be  by  ballot,  which  ballots  must  contain  the  name  of 
the  person  voting  the  same,  the  total  number  of  votes  cast,  the  names  of  the 
persons  voted  for  and  the  number  of  votes  cast  for  each  of  said  persons.  The 
ballots  must  be  inclosed  in  an  envelope  by  the  election  board,  and  delivered, 
with  the  election  returns,  to  the  board  of  supervisors  of  the  county  in  which 


380  SACKAMENTO  DRAINAGE  DISTRICT— CERTIFICATE  OF  ELECTION. 

the  votes  were  cast,  and  such  board  of  supervisors  shall  cause  a  certificate  of 
election  to  be  issued  by  the  clerk  of  said  board  to  the  person  or  persons  re- 
ceiving the  highest  number  of  legal  votes.  Where  one  drainage  commissioner 
is  to  be  elected  by  votes  cast  in  more  than  one  county,  the  election  returns 
must  be  made  to  the  board  of  supervisors  of  the  county  containing  the  greater 
quantity  of  land  within  said  drainage  district. 

If  a  certificate  of  election  shall  be  issued  to  any  person  who  has  not  re- 
ceived the  highest  number  of  legal  votes,  and  upon  an  affidavit  being  filed 
by  a  landowner  in  said  drainage  district  setting  forth  that  such  person  did 
not  receive  the  highest  number  of  legal  votes,  and  giving  the  names  of  the 
persons  who  cast  illegal  votes  for  such  person,  and  the  number  of  such  illegal 
votes  so  cast,  the  board  of  supervisors  shall  canvass  the  election  returns,  and 
hear  evidence  touching  the  legality  of  any  votes  cast,  and  may  revoke  such 
certificate  of  election  and  issue  a  certificate  to  the  person  legally  elected; 
and  any  person  aggrieved  may  thereupon  prosecute  a  contest  in  the  courts 
for  the  determination  of  the  legality  of  the  election  of  the  person  to  whom 
the  certificate  of  election  has  been  issued. 

§  5.  Within  fifteen  days  after  receiving  a  certificate  of  election,  and  before 
entering  upon  the  duties  of  his  office,  each  drainage  commissioner  shall  take 
the  oath  of  office  prescribed  by  law,  and  file  the  same  in  the  office  of  the 
county  clerk  of  the  county  in  which  such  commissioner  resides,  and  shall  file 
in  the  office  of  said  clerk  a  bond  approved  by  a  judge  of  the  superior  court 
of  such  county  in  the  sum  of  ten  thousand  dollars,  conditioned  that  he  will 
faithfully  discharge  the  duties  of  his  trust  according  to  law. 

Each  drainage  commissioner  must  be  a  bona  fide  owner  of  at  least  forty 
acres  of  land  within  said  drainage  district,  and  within  the  county  for  which 
he  was  elected. 

All  vacancies  in  the  board  of  drainage  commissioners  shall  be  filled  by 
appointment  by  the  governor,  and  such  appointee  shall  hold  office  until  the 
next  succeeding  election. 

§  6.  The  board  of  drainage  commissioners  shall  elect  one  of  their  number 
as  president,  and  shall  elect  a  secretary,  and  an  engineer,  who  shall  not  have 
been  a  member  of  the  board,  and  employ  such  other  persons  as  may  be  neces- 
sary to  assist  and  advise  said  board. 

The  office  of  said  board  of  drainage  commissioners  shall  be  kept  at  the 
city  of  Sacramento.  The  board  shall  hold  regular  meetings  upon  the  first 
Mondays  of  February,  May,  August  and  November  of  each  year,  and  may, 
in  the  by-laws  of  the  district,  provide  for  as  many  regular  meetings  as  may  be 
necessary,  and  at  such  meetings  a  majority  of  all  of  the  members  shall  con- 
stitute a  quorum  for  the  transaction  of  any  and  all  business. 

Each  commissioner  shall  receive  ten  dollars  per  day,  and  necessary  mileage 
actually  expended  while  engaged  in  the  performance  of  his  duties,  but  the 
per  diem  of  any  commissioner  shall  in  no  case  exceed  one  thousand  dollars 
for  any  one  year. 

The  engineer  elected  by  the  board  of  drainage  commissioners  shall  inspect 
the  works  of  reclamation  of  all  persons  and  districts  within  said  drainage 
district,  and  report  the  condition  thereof  to  the  board  of  drainage  com- 
missioners.    He  must  examine  all  plans  of  reclamation,   and   estimates  sub- 


SACRAMENTO    DISTRICT — DRAINAGE    COMMISSIONERS.  381 

mitted  to  said  board  of  drainage  commissioners,  and  advise  such  board  as 
to  the  sufficiency  of  such  plans  and  estimates,  and  perform  such  other  duties 
as  may  be  required  by  the  board. 

All  notices  required  by  this  act  to  be  published,  must  be  published  in  a 
newspaper  within  the  drainage  district,  if  there  be  a  newspaper  published 
therein,  and  within  the  county  in  which  such  publication  is  to  be  made.  If 
there  is  no  newspaper  published  within  said  drainage  district  and  within 
such  county,  such  publication  must  be  made  in  the  newspaper  published  near- 
est to  said  district  and  within  said  county. 

§  7.  The  board  of  drainage  commissioners  shall  have  power  to  adopt  by- 
laws, not  in  conflict  with  general  laws ;  to  supervise  and  control  the  formation, 
consolidation  or  division  of  reclamation  districts  within  said  drainage  district ; 
to  employ  engineers,  and  such  other  persons  as  may  be  necessary  to  advise 
and  assist  them  in  the  performance  of  their  duties;  to  appoint  an  executive 
committee,  with  such  powers  as  are  not  in  conflict  with  general  laws;  to  have 
supervision  of  all  levees  and  canals  within  said  drainage  district,  excepting 
such  levees  and  canals  as  are,  or  may  be,  placed  under  the  supervision  of  the 
board  of  river  control,  as  in  this  act  provided;  to  approve,  or  disapprove, 
any  plan  of  reclamation  in  any  reclamation  district;  to  compel  the  construc- 
tion and  maintenance  of  necessary  reclamation  works  in  reclamation  districts 
within  said  drainage  district;  to  issue  warrants  upon  the  state  controller  for 
its  expenditures  incurred  as  provided  by  law;  to  appoint  trustees  of  reclama- 
tion districts  in  case  of  vacancies ;  to  acquire  by  contract,  purchase,  con- 
demnation, or  other  lawful  means,  from  private  persons,  reclamation,  swamp- 
land, levee  or  protection  districts,  or  corporations,  all  rights  of  way,  ease- 
ments, property,  and  material  necessary  or  requisite  for  levees,  canals  and 
other  reclamation  works;  to  sue  and  to  be  sued  in  the  name  of  said  drainage 
district,  and  to  do  all  other  acts  and  things  necessary  or  requisite  for  the  full 
exercise  of  their  powers  or  necessary  for  the  promotion  of  the  reclamation 
of  lands  within  said  drainage  district. 

§  8.  Whenever,  in  the  opinion  of  said  board  of  drainage  commissioners, 
it  shall  be  necessary  to  levy  an  assessment  upon  the  lands  within  said  drain- 
age district  for  the  purpose  of  paying  the  expenses  of  said  board  of  drainage 
commissioners,  or  the  cost  of  construction  of  any  canals  or  levees  that  are 
intended  to  promote  drainage  or  protection  of  more  than  one  reclamation  dis- 
trict or  tract  of  land,  or  any  expenditures  necessary  to  enable  said  board  to 
perform  its  duties  and  promote  reclamation,  said  board  of  drainage  com- 
missioners shall  cause  an  assessment  to  be  levied  upon  the  lands  within  said 
drainage  district  for  such  purpose. 

Said  board  shall  make  an  estimate  of  the  sum  or  sums  necessary  for  each 
purpose,  excepting  the  expenses  of  general  management,  which  may  be  es- 
timated in  one  sum. 

The  board  shall  appoint  three  assessors,  who  shall  be  disinterested  per- 
sons, and  who  shall  have  no  interest  in  any  real  estate  within  said  drainage 
district,  and  each  of  whom,  before  entering  upon  his  duties,  shall  make  and 
subscribe  an  oath  that  he  is  not  in  any  manner  interested  in  any  real  estate 
within  said  district,  directly  or  indirectly,  and  that  he  will  perform  the 
duties  of  an  assessor  to  the  best  of  his  ability. 


382  SACRAMENTO     DISTRICT— LEVI  ING     ASSESSMENTS. 

Said  assessors  must  assess  upon  the  land  within  said  drainage  district  the 
said  sum  so  estimated  by  the  board  of  drainage  commissioners,  and  shall  ap- 
portion the  same  according  to  the  benefits  that  will  accrue  to  each  tract  of 
land  in  said  district,  respectively,  by  reason  of  the  expenditure  of  said  sums 
of  money. 

Said  assessors  shall  make  a  separate  list  of  the  lands  so  assessed  in  each 
county,  which  list  shall  contain  a  description  of  the  tracts  of  land  assessed, 
by  swamp  land  surveys,  legal  subdivisions,  or  other  boundaries  or  references 
sufficient  to  identify  the  same;  the  name  of  the  owner,  if  known,  or  if  un- 
known, that  fact;  the  amount  of  the  charge  assessed  against  each  tract.  No 
mistake  in  the  name  of  the  owner,  or  supposed  owner,  of  any  real  estate  shall 
invalidate  the  assessment. 

Said  lists  when  completed  shall  be  filed  with  the  secretary  of  the  board  of 
drainage  commissioners,  and  said  secretary  shall  forward  to  the  county  treas- 
urer of  each  county  the  assessment  list  for  such  county,  and  the  same  shall 
be  open  for  inspection  by  the  public. 

The  board  of  drainage  commissioners  shall  appoint  a  time  and  place  when 
and  where  it  will  meet  in  each  count}^  for  the  purpose  of  hearing  objections 
to  said  assessments,  and  notice  of  such  hearing  shall  be  given  by  publication 
for  two  weeks  in  some  newspaper  published  in  said  county,  such  publication 
to  be  made  in  the  newspaper  nearest  to  said  district  and  within  said  county. 
At  any  time  before  the  date  of  such  hearing,  any  person  interested  in  any 
real  estate,  upon  which  any  charge  has  been  assessed,  may  file  written  objec- 
tions to  such  assessment,  stating  the  grounds  of  such  objection,  which  said 
statement  shall  be  verified  by  the  affidavit  of  such  person,  or  some  other 
person  who  is  familiar  with  the  facts.  At  said  hearing,  the  board  of  drainage 
commissioners  shall  hear  such  evidence  as  may  be  offered  touching  the  cor- 
rectness or  the  equity  of  such  assessment,  and  may  modify  or  amend  the 
same,  and  the  decision  of  said  board  of  drainage  commissioners  shall  be 
final,  and  thereafter  said  assessment  list  shall  be  conclusive  evidence  that  the 
said  assessment  has  been  apportioned  according  to  the  benefits  that  will 
accrue  to  each  tract  of  land  in  said  district,  and  such  assessment  shall  con- 
stitute a  lien  upon  the  lands  so  assessed. 

§  9,  After  such  hearing  has  been  had  in  any  county,  said  assessment  list 
shall  be  certified  by  the  secretary  of  the  board  of  drainage  commissioners  to 
be  correct,  and  said  list  shall  be  deposited  in  the  office  of  the  county  treasurer 
of  said  county,  and  said  assessment  shall  thereafter  be  paid  to  the  county 
treasurer  in  such  instalments,  and  in  such  amounts,  and  at  such  times  as  the 
board  of  drainage  commissioners  shall  by  order  direct,  but  the  time  for  such 
payments  shall  not  be  less  than  sixty  days  from  and  after  the  date  of  making 
such  order. 

In  case  any  instalment  of  any  assessment  shall  not  be  paid  at  the  time 
directed  by  the  board  of  drainage  commissioners,  a  cause  of  action  shall 
accrue  for  the  collection  of  such  delinquent  instalment,  or  of  the  whole  of 
such  assessment,  at  the  option  of  said  board  of  drainage  commissioners,  to- 
gether with  interest  at  the  rate  of  seven  per  centum  per  annum  from  the  date 
of  such  delinquency. 

The  board  of  drainage  commissioners  shall  commence  actions  in  the  name 


DRAINAGE    ASSESSMENTS— ACTION    TO     COLLECT.  383 

of  said  drainage  district,  in  the  superior  court  of  the  county  in  which  the 
land  is  situated,  for  the  collection  of  said  delinquent  instalment  or  delin- 
quent assessment,  with  interest  thereon  and  costs,  and  for  the  enforcement 
of  the  lien  on  the  land  assessed,  against  the  person  to  whom  the  same 
shall  have  been  assessed,  or  against  the  owner  of  said  land  in  case 
the  same  shall  not  have  been  assessed  to  the  owner,  and  if  said  land  was 
assessed  to  unknown  owners,  then  against  the  real  owners,  or  if  the  names  of 
such  real  owners  cannot  be  ascertained,  then  against  all  persons  having  or 
claiming  any  interest  therein  by  fictitious  names.  The  complaint  shall  con- 
tain a  description  of  the  real  estate  as  described  in  the  assessment ;  the  amount 
of  the  delinquent  instalment  or  assessment  sought  to  be  recovered;  a  state- 
ment that  the  said  lands  have  been  assessed  by  the  assessors  appointed  by  the 
board  of  drainage  commissioners;  the  name  of  the  person  to  whom  it  was 
assessed,  or  if  assessed  to  unknown  owners,  that  fact,  and  the  date  when  the 
assessment  list  was  certified  by  the  secretary  of  the  said  board  of  drainage 
commissioners. 

Service  of  the  summons  and  complaint  in  such  action  shall  be  made  in  the 
manner  prescribed  by  the  Code  of  Civil  Procedure  when  the  defendant  can  be 
found  within  the  county  where  the  action  is  commenced ;  but  if  the  defendant 
cannot  be  found  within  the  county,  or  if  no  person  is  named  as  a  defendant 
other  than  by  fictitious  names,  or,  if  any  person  shall  be  sued  by  a  fictitious 
name,  the  summons  may  be  served  on  such  person  by  posting  a  copy  of  the 
summons  at  the  court-house  door,  and  publishing  the  same  once  a  week  for 
four  successive  weeks  in  a  newspaper  published  in  the  county,  and  such  post- 
ing and  publication  is  equivalent  to  personal  service  on  all  persons  having 
or  claiming  any  interest,  right  or  title  in  the  lands  assessed,  whether  named 
as  a  party  in  such  action  or  not.  The  summons  must  contain  a  description 
of  the  property.  Proof  of  such  posting  and  publication  must  be  made  by 
a  certificate  of  the  sheriff  or  the  affidavit  of  the  person  making  the  service. 
In  case  the  service  be  made  by  posting  and  publication,  the  defendant,  or 
any  person  claiming  any  interest  in  the  land  assessed,  may  appear  and  answer 
the  complaint  within  thirty  days  after  the  expiration  of  the  four  weeks  of 
posting  and  publication.  Assessments  on  several  tracts  may  be  included  in 
the  same  action  if  listed  to  the  same  person.  In  all  actions  for  the  collection 
of  delinquent  instalments  or  delinquent  assessments,  if  the  decision  shall  be  in 
favor  of  plaintiff  the  court  shall  make  a  decree  directing  that  each  tract  of 
land  be  sold  on  execution  or  decree  to  satisfy  the  amount  of  the  instalment 
or  assessment  on  such  tract,  together  with  the  interest,  costs  and  accruing 
costs.  The  sale  shall  be  made  by  the  sheriff  of  the  county  or  by  a  commis- 
sioner appointed  by  the  court  for  such  purpose,  in  the  same  manner  as  sales 
upon  foreclosures  of  mortgages  on  real  property.  If  the  suit  is  for  the  re- 
covery of  one  or  more  instalments,  less  than  the  whole  assessment,  the  sale 
shall  be  made  subject  to  subsequent  instalments,  but  all  sums  received  shall 
be  applied  to  the  payment  of  said  assessment,  and  the  excess,  if  any,  must  be 
paid  to  the  owner  of  the  lands. 

All  moneys  collected  upon  the  sale  shall  be  paid  to  the  county  treasurer  of 
the  county  in  which  the  land  is  situated,  and  said  money,  together  with  all 
other  moneys  collected  by  the  treasurer  on  such  assessment,  shall  be  deposited 


384  SACRAMENTO    DISTRICT— COMMITTEE    APPOINTED. 

in  the  state  treasury  to  the  credit  of  said  drainage  district,  and  shall  be  paid 
out  upon  warrants  of  the  state  controller,  and  the  controller  is  hereby  directed 
to  issue  warrants  upon  said  funds  whenever  warrants  of  the  board  of  drain- 
age commissioners  shall  be  presented  to  him,  without  the  approval  of  the 
state  board  of  examiners,  and  the  state  treasurer  is  hereby  directed  to  pay 
such  controller's  warrants  when  there  is  sufficient  money  in  the  funds  of  said 
drainage  district.  In  case  there  are  not  sufficient  funds  for  such  purpose,  the 
state  treasurer  shall  indorse  on  such  warrants  the  date  of  presentation  and 
register  the  same,  and  thereafter  such  warrants  shall  bear  interest  at  the 
rate  of  seven  per  centum  per  annum,  and  must  be  paid  in  the  order  of  their 
registration. 

The  owner  of  any  land  that  has  been  sold  in  pursuance  of  the  provisions 
of  this  section  may  redeem  the  same  at  any  time  within  six  months  after  such 
sale  by  paying  to  the  purchaser  the  sum  bid  for  the  land,  and  such  other  sums 
as  may  have  been  paid  by  such  purchaser  for  assessments  or  taxes  upon  such 
land,  together  with  interest  on  such  sums  at  the  rate  of  ten  per  centum  per 
annum. 

§  10.  The  board  of  river  control  shall  consist  of  two  members  appointed 
bj^  the  governor  of  the  state  of  California,  one  of  whom  shall  be  the  president 
of  the  board  of  drainage  commissioners  of  said  drainage  district,  and  the 
other  shall  be  a  competent  civil  engineer. 

§  11.  Within  six  months  after  the  organization  of  the  board  of  drainage 
commissioners  they  shall  appoint  a  committee  of  three  persons  to  act  in  con- 
junction with  a  similar  committee  appointed  by  the  governor  of  the  state 
of  California  to  determine  the  proportion  to  be  borne  by  said  district  and  the 
state  respectively,  of  the  cost  of  constructing  and  completing  the  works 
recommended  in  the  report  of  T.  G.  Dabney,  H.  B.  Richardson,  H.  M.  Chit- 
tenden, and  M.  A.  Nurse,  engineers  appointed  by  the  commissioner  of  public 
works  of  the  state  of  California,  which  said  report  of  said  engineers  was 
filed  with  the  commissioner  of  public  works  of  the  state  of  California  on  the 
fifteenth  day  of  December,  one  thousand  nine  hundred  and  four;  or  such 
supplemental,  amended,  or  other  plan  as  shall  be  approved  by  the  state 
board  of  examiners.  "When  said  cost  has  been  apportioned  and  approved  by 
the  board  of  drainage  commissioners,  they  shall  appoint  three  assessors,  as 
in  section  eight  of  this  act  provided.  Said  assessors  shall  immediately  pro- 
ceed to  assess  upon  the  lands  within  said  drainage  district  the  said  sum 
so  apportioned  to  said  district  as  its  proportion  of  the  cost  of  said  works,  as 
a  charge  upon  the  lands  within  said  district.  Separate  lists  shall  be  made 
by  said  assessors  for  such  assessment,  and  the  same  shall  be  a  lien  upon  the 
lands  so  assessed,  and  in  all  respects  the  same  proceedings  shall  be  had  in 
the  levying,  equalizing  and  collecting  of  said  assessment  as  is  provided  in  sec- 
tions eight  and  nine  of  this  act  for  levying  and  collecting  other  assessments, 
and  the  provisions  of  sections  eight  and  nine  hereof  are  hereby  made  applica- 
ble to  the  assessments  to  be  levied  under  this  section,  so  far  as  the  same  are 
not  in  conflict  with  this  section,  excepting  that  the  payment  of  said  assessments 
levied  under  the  provisions  of  this  section  shall  be  directed  by  the  board  of 
river  control  in  such  amounts  as  from  time  to  time  may  be  necessary  for  the 
purposes  of  prosecuting  said  work. 


SACRABIENTO    DISTRICT— BOARD     OP    RIVER    CONTROL.  383 

Provided,  however,  that  no  part  of  said  assessment  in  this  section  provided 
shall  be  called  in  or  collected  until  the  state  of  California  and  the  government 
of  the  United  States,  or  one  of  them,  shall  have  made  an  appropriation,  or  other 
legal  provision,  for  the  payment  of  the  balance  of  the  sum  to  be  expended 
jointly  with  said  district  in  performing  the  work  according  to  the  plans  recom- 
mended by  the  said  report  of  said  engineers,  or  such  supplemental,  amended  or 
other  plan,  as  may  be  approved  by  the  state  board  of  examiners. 

In  case  the  payment  of  said  sum  by  the  state  of  California,  or  the  government 
of  the  United  States,  shall  not  be  provided  for  within  five  years  from  the  time 
said  assessment  shall  have  been  levied,  said  assessments  upon  said  lands  shall 
become  void,  and  the  lien  thereof  upon  the  said  lands  shall  expire. 

The  said  assessments  may  be  apportioned  upon  the  said  lands  at  the  same 
time  as,  and  by  the  same  assessors  appointed  to  levy,  an  assessment  under  the 
provisions  of  sections  eight  and  nine  of  this  act,  and  such  assessments  shall  be 
apportioned  according  to  the  benefits  that  will  accrue  by  the  expenditure  of 
said  money  and  the  construction  of  said  works. 

Said  assessments  shall  be  paid  to  the  county  treasurer  of  the  county  in  which 
the  lands  are  situated,  and  shall  be  by  said  county  treasurer  deposited  in  the 
state  treasury  to  the  credit  of  a  fund  hereby  designated  as  the  "Kiver  Improve- 
ment Fund." 

§  12.  The  board  of  river  control  shall  have  supervision  of  all  levees  and 
canals  intended  to  do  duty  in  carrying  flood  water,  and  shall  have  such  other 
powers  and  shall  perform  such  other  duties  as  may  be  prescribed  by  law.  They 
may  acquire  from  private  owners,  or  from  reclamation,  swamp  land,  levee  or 
protection  districts,  or  corporations,  by  contract,  purchase,  condemnation  or 
other  lawful  means,  such  rights  of  way,  easements,  property,  and  material  as 
may  be  necessary  for  their  said  purposes,  whether  the  same  shall  be  situated 
within  said  district  or  not,  and  may  prosecute  any  condemnation  suit  or  pro- 
ceeding in  the  name  of  the  people  of  the  state  of  California,  and  do  and  perform 
all  other  acts  and  things  necessary  or  requisite  for  the  full  discharge  of  their 
duties. 

The  term  of  office  of  the  members  of  the  board  of  river  control  shall  be  four 
years  from  and  after  their  appointment,  and  until  their  successors  are  qualified. 
Each  member  of  said  board  shall  receive  a  salary  of  six  thousand  dollars  per 
annum  from  and  after  the  commencement  of  the  said  work,  which  salary  shall 
be  paid  out  of  the  river  improvement  fund.  They  may  employ  a  secretary, 
and  such  other  persons  as  may  be  necessary,  to  advise  and  assist  them  in  the 
performance  of  their  duties.  They  shall  keep  an  office  at  the  city  of  Sacra- 
mento, and  their  records,  books  and  papers  shall  be  subject  to  inspection  by 
any  person  interested. 

§  13.  It  shall  be  the  duty  of  said  board  of  river  control  to  consult  and  advi.se 
with  such  board  or  officer  a.s  may  be  designated  or  appointed  by  the  govern- 
ment of  the  United  States,  to  devise  and  construct  works  for  the  improvement 
of  the  channels  of  the  Sacramento  and  San  Joaquin  rivers  and  their  tributaries, 
in  accordance  with  the  report  of  the  engineers  mentioned  in  section  eleven 
of  this  act,  or  such  supplemental,  amended  or  other  plan  as  may  be  approved 
by  the  state  board  of  examiners.  It  shall  also  be  their  duty  to  examine  all 
plans  and  specifications  which  may  be  prepared  or  adopted  for  the  construc- 

Gen.  Laws — 25 


386  BOARD  OF  EXAMINERS   OF  DISTRICT — RECORD  TO   BE  KEPT. 

tion  of  works  for  controlling  flood  waters  and  improvement  of  the  channels  of 
said  rivers  and  their  tributaries,  and  to  submit  a  copy  of  all  such  plans  and  spe- 
cifications to  said  state  board  of  examiners  for  their  examination  and  considera- 
tion. The  state  board  of  examiners  shall  thereupon  proceed  to  examine  and 
consider  such  plans  and  specifications,  and  may  require  the  attendance,  counsel 
and  advice  of  said  board  of  river  control  during  the  examination  and  considera- 
tion thereof. 

The  state  board  of  examiners  shall  keep  a  record  of  their  deliberations  and 
shall  either  approve  or  disapprove  said  plans  and  specifications  by  a  majority 
vote  of  said  board.  If  said  plans  and  specifications  shall  be  approved  by 
the  state  board  of  examiners,  the  said  board  of  river  control  shall  thereupon 
report  such  action  to  said  board  or  officer  designated  or  appointed  by 
the  government  of  the  United  States,  whenever  the  government  of  the  United 
States,  or  its  agents  or  officers,  shall  have  entered  into  any  contract 
for  the  construction  of  such  works,  in  pursuance  of  plans  and  specifica- 
tions which  have  been  approved  by  the  state  board  of  examiners,  as  in  this  act 
provided,  it  shall  then  be  the  duty  of  the  said  board  of  river  control  to  care- 
fully inspect  such  works  during  the  process  of  their  construction,  and  to  keep 
a  record  of  the  result  of  such  inspection,  and  to  report  the  same  monthly  to  the 
state  board  of  examiners.  Said  board  of  river  control  shall  also  from  time  to 
time,  during  the  progress  of  the  construction  of  such  work,  when  requested 
so  to  do  by  said  board  or  officer  designated  or  appointed  by  the  government  of 
the  United  States,  draw  warrants  upon  the  state  controller  in  favor  of  such 
person  or  persons  as  may  be  designated  by  the  said  board  or  officer  of  the 
United  States  government  for  such  amount  as  shall  equal  the  proportion  of  the 
cost  of  construction  of  such  works,  to  be  paid  from  the  river  improvement  fund, 
as  hereinbefore  in  this  act  provided. 

All  expenditures  made  from  the  river  improvement  fund  shall  be  subject  to 
the  approval  of  the  state  board  of  examiners,  and  the  state  controller  is  hereby 
authorized  to  draw  his  warrant  upon  said  fund  for  all  expenditures  so  approved 
by  the  state  board  of  examiners,  and  the  state  treasurer  is  hereby  directed  to 
pay  the  same. 

§  14.  The  boundaries  of  all  reclamation  districts,  drainage  districts,  swamp- 
land districts,  levee  districts,  and  protection  districts,  heretofore  legally 
formed  by  any  method,  under  any  law,  or  at  any  time,  shall  continue  to  exist 
as  at  present  formed,  and  until  altered  by  the  board  of  drainage  commissioners, 
excepting  that  the  boards  of  supervisors  of  the  various  counties  shall  continue 
to  exercise  jurisdiction  under  the  provisions  of  the  Political  Code  of  the  state 
of  California,  until  the  suspension  of  the  powers  of  the  board  of  drainage  com- 
missioners under  section  twenty-nine  of  this  act,  shall  have  been  removed. 

§  15.  Whenever  the  holders  of  title,  or  evidence  of  title  representing  one 
half  or  more  of  any  body  of  lands  within  said  drainage  district  shall  desire 
to  reclaim  the  same,  they  may  file  with  the  secretary  of  the  board  of  drainage 
commissioners  a  petition  setting  forth  that  they  desire  to  form  a  district  for 
the  reclamation  of  the  same ;  a  description  of  the  lands  by  legal  subdivisions, 
swamp-land  surveys,  or  other  boundaries  or  references  sufficient  to  identify 
the  same ;  that  the  same  are  susceptible  of  one  mode  of  reclamation ;  the 
county  or  counties  in  which  they  are  situated ;  the  number  of  acres  in  the  pro- 


RECLAMATION   DISTRICT— NOTICE   AND   CONTENTS.  387 

posed  district  and  in  each  tract,  with  the  names,,  (if  known)  of  the  owners 
thereof.  The  petition  must  be  verified  by  the  affidavit  of  one  of  the  peti- 
tioners. 

§  16.  When  said  petition  has  been  filed  the  board  of  drainage  commissioners 
must  fix  a  time  for  hearing  the  same,  and  said  petition  must  be  published  for 
four  weeks  next  preceding  the  hearing  thereof  in  a  newspaper  published  in 
the  county  or  counties  in  which  any  of  the  lands,  are  situated,  and  an  affidavit 
of  such  publication  must  be  filed  with  the  clerk  of  the  board  of  drainage  com- 
missioners. On  the  hearing  of  the  petition,  the  board  of  drainage  commis- 
sioners may  make  an  order  forming  said  district,  or  if,  in  its  opinion,  any  land 
has  been  improperly  included  in,  or  excepted  from,  the  proposed  district,  it 
must  reform  the  district  in  such  respects  in  its  order. 

§  17.  If  the  reclamation  of  any  lands  within  said  drainage  district  will  be 
promoted  by  the  formation  of  a  reclamation  district,  including  lands  situated 
in  one  or  more  reclamation,  swamp-land,  levee,  drainage  or  protection  districts, 
as  well  as  lands  not  embraced  in  any  district,  the  board  of  drainage  commis- 
sioners may  make  an  order  forming  a  new  district  in  such  manner  and  embrac- 
ing such  lands  as  in  its  judgment  will  best  promote  reclamation.  Before 
making  such  order  the  board  must  direct  the  engineer  of  the  board  to  examine 
said  lands  and  report  upon  the  necessity  for  forming  such  district.  If  the  report 
of  the  engineer  be  favorable  to  the  formation  of  such  district,  the  board  must 
fix  a  time  and  place  for  hearing  objections  to  the  formation  of  such  a  district 
and  must  publish  a  notice  thereof  for  four  weeks  next  preceding  such  hearing, 
in  a  newspaper  published  in  each  county  in  which  any  of  the  lands  aifected  are 
situated.  The  notice  must  contain  a  description  of  the  lands  by  legal  subdi- 
visions, swamp-land  surveys,  or  other  boundaries  or  references  sufficient  to 
identify  the  same.  On  such  hearing  the  board  must  hear  such  evidence  as 
may  be  offered  by  any  person  interested  in  said  lands,  and  in  ease  said  board 
shall  determine  that  the  formation  of  such  district  will  promote  the  reclama- 
tion of  the  lands,  it  must  make  an  order  forming  the  same. 

§  18.  The  orders  made  under  the  provisions  of  sections  sixteen  and  seven- 
teen of  this  act,  must  be  signed  by  the  president  and  attested  by  the  secretary 
of  the  board  of  drainage  commissioners,  and  must  contain  a  description  of 
the  lands  embraced  in  the  reclamation  district  formed  under  said  sections, 
together  with  a  certificate  that  said  lands  have  been  formed  into  a  reclamation 
district.  The  order  must  then  be  recorded  by  the  county  recorder  of  each 
county  in  which  any  of  the  lands  are  situated,  and  a  certified  copy  thereof 
forwarded  to  the  register  of  the  state  land  office.  The  register  must  give  the 
district  a  number,  and  send  its  number  to  the  secretary  of  the  board  of  drainage 
commissioners,  and  to  the  recorder  of  each  county  in  wh^ch  any  of  the  lands 
are  situated,  and  such  recorder  must  number  the  order  upon  the  records. 
Thereafter  the  lands  described  in  such  order  shall  comprise  a  reclamation  dis- 
trict, and  said  district  shall  have  all  the  powtjrs  pertaining  to  other  reclamation 
districts  within  said  drainage  district,  notwithstanding  that  such  lands  may 
have  been  previously  embraced  in  a  reclamation  district,  swamp-laud  district, 
levee  district,  drainage  district,  or  protection  district,  created  by,  or  under, 
any  law  of  the  state  of  California  ;  it  being  the  intention  of  this  act  to  provide 


388  BOARD    OF    TRUSTEES    OF    RECLA3IATION    DISTRICT — POWERS. 

a  uniform  system  for  promoting  the  reclamation  of  all  lands  within  said 
drainage  district. 

§  19.  The  boards  of  trustees  of  reclamation,  swamp-land,  levee,  drainage, 
and  protection  districts  within  said  Sacramento  drainage  district  must  submit 
all  original  and  supplemental  plans  of  reclamation  for  their  respective  districts, 
together  with  estimates  of  cost,  to  the  board  of  drainage  commissioners,  and 
said  board  of  drainage  commissioners  shall  have  power  to  amend  or  modify 
the  same  in  any  manner  which  in  its  opinion,  will  best  promote  the  purposes 
of  reclamation.  When  such  plans  and  estimates  have  been  fully  approved  by 
the  board  of  drainage  commissioners,  it  shall  appoint  commissioners  of  assess- 
ment as  provided  in  section  thirty-four  hundred  and  fifty-six  of  the  Political 
Code,  who  must  perform  the  duties  of  commissioners  as  prescribed  in  sections 
thirty-four  hundred  and  fifty-six,  thirty-four  hundred  and  fifty-nine,  thirty- 
four  hundred  and  sixty,  thirty-four  hundred  and  sixty-one  and  thirty-four 
hundred  and  sixty-two  of  the  Political  Code  of  the  state  of  California. 

§  20,  The  powers  and  duties  of  boards  of  supervisors  under  the  provisions 
of  article  two  of  chapter  one  of  part  eight  of  the  Political  Co^e  of  the  state  of 
California  are  hereby  conferred  upon  and  are  hereby  made  the  powers  and 
duties  of  the  board  of  drainage  commissioners  of  said  drainage  district  relating 
to  all  matters  within  the  boundaries  of  said  drainage  district  as  fully  as  though 
such  provisions  were  incorporated  in  this  act,  and  all  powers  and  duties  to  be 
exercised  or  performed  by  boards  of  supervisors  under  the  said  provisions  of 
the  Political  Code,  shall  be  exercised  and  performed  by  said  board  of  drainage 
commissioners,  excepting  where  such  provisions  are  inconsistent  with  the  pro- 
visions of  this  act. 

§  21.  The  trustees  and  officers  of  all  reclamation,  swamp-land,  drainage, 
levee  and  protection  districts  within  said  Sacramento  drainage  district,  and 
the  owners  of  land  therein,  shall  hereafter  exercise  such  powers  and  perform 
such  duties  as  are  conferred  and  imposed  upon  the  trustees,  officers,  and  land- 
owners within  reclamation  districts  formed  under  the  provisions  of  article 
two  of  chapter  one  of  part  eight  of  the  Political  Code  of  California,  excepting 
so  far  as  such  provisions  are  inconsistent  with  the  provisions  of  this  act,  and 
all  such  reclamation,  swamp-land,  drainage,  levee  and  protection  districts 
within  said  drainage  district,  must,  after  the  passage  of  this  act,  elect  trustees, 
adopt  by-laws,  issue  warrants,  and  manage  the  att'airs  of  such  districts  in  the 
manner  directed  b}'  the  said  provisions  of  the  Political  Code  and  the  provisions 
of  this  act,  so  that  a  uniform  system  may  be  followed  in  all  the  districts  within 
said  Sacramento  drainage  district,  whether  such  districts  were  formed  under 
the  provisions  of  the  Political  Code,  or  otherwise,  and  all  provisions  of  this 
act  relating  to  reclamation  districts  shall  apply  to  any  and  all  districts  formed 
or  created  in  any  manner  for  the  purpose  of  reclaiming  swamp  and  overflowed 
lands. 

§  22.  If  the  landowners  in  any  reclamation  or  other  district  shall  fail  to 
elect  trustees  for  such  district,  or  if  a  vacancy  occur  in  any  board  of  trustees, 
the  board  of  drainage  commissioners  may  appoint  such  trustees,  and  in  case 
any  board  of  trustees  shall  fail  to  qualify,  or  to  perform  its  duties  in  submit- 
ting a  plan  of  reclamation  for  their  district,  or  shall  fail  to  prosecute  the 


RECLAAIATIOiM    DISTKICT — WARRANTS.  889 

reclamation  of  the  lands  in  pursuance  of  a  plan  of  reclamation  that  has  been 
adopted,  the  board  of  drainage  commissioners  may  adopt  a  plan  of  reclamation 
for  such  district,  and  may  cause  the  works  of  reclamation  to  be  constructed 
and  operated  in  pursuance  of  such  plan,  and  may  cause  an  assessment  to  be 
levied  upon  the  lands  in  such  district  in  the  manner  that  other  assessments 
are  levied,  and  may  collect  and  cause  the  same  to  be  expended  in  the  construc- 
tion and  maintenance  of  such  works  of  reclamation,  and  for  such  purpose  may 
exercise  all  the  powers  of  a  board  of  trustees  for  such  district. 

§  23.  All  warrants  issued  by  the  trustees  of  any  reclamation,  or  other  dis- 
trict, must  be  presented  to  the  board  of  supervisors  of  the  county  in  which 
the  district  is  situated  for  approval,  and  must  be  approved  by  said  board  if 
such  warrants  are  a  legal  charge  against  the  funds  of  such  district,  and  such 
warrants  must  not  be  paid  or  registered  by  the  county  treasurer  unless  the 
same  have  been  so  approved  and  indorsed  by  the  president  of  the  board  of 
supervisors.  After  such  warrants  shall  have  been  registered,  they  must  be 
paid  by  the  county  treasurer  in  the  order  in  which  they  are  registered. 

§  24.  In  all  cases  where  the  board  of  drainage  commissioners  shall  consoli- 
date, divide  or  change  the  boundaries  of  any  reclamation,  swamp-land,  levee, 
drainage  or  protection  district,  it  may  impose  and  provide  such  terms  as  may 
be  just  for  the  payment  of  any  indebtedness  of  any  such  district,  and  appor- 
tion the  property  and  reclamation  works  of  any  district,  and  provide  for  pay- 
ment to  any  such  district  of  such  sum  as  may  be  just  for  such  of  its  works  of 
reclamation  as  may  be  beneficial  to  other  lands,  and  may  cause  assessments  to 
be  levied  for  such  purposes. 

§  25.  It  shall  be  unlawful  for  any  member  or  officer  of  said  board  of 
drainage  commissioners,  without  the  unanimous  consent  of  the  board  of  drain- 
age commissioners,  to  have  or  own  any  interest  or  share,  either  directly  or 
indirectly,  in  any  contract  made  or  let  by  said  board  for  the  construction  or 
repair  of  any  levee,  or  in  any  contract  whatever  for  supplies  or  material  used 
for  levee  purposes,  or  for  any  officer  or  member  of  said  board  to  receive 
directly  or  indirectly  for  his  own  use  and  benefit  any  portion  or  share  of  the 
money  or  other  thing  paid  for  the  construction  or  repair  of  such  levees. 

§  26.  If  any  member  of  the  board  of  drainage  commissioners  herein  created, 
or  any  agent,  or  any  other  person  intrusted  with  the  care,  custody  or  posses- 
sion of  any  of  the  money,  goods,  rights  in  action,  or  other  valuable  security, 
effects,  or  property,  of  any  kind  or  description,  which  shall  have  come  or  been 
intrusted  into  his  or  their  care  by  virtue  of  his  or  their  office,  place  or  employ- 
ment, shall  conceal,  secrete,  retain  for  his  own  use,  or  appropriate  the  same 
to  his  own  benefit  or  behoof,  he  or  they  shall  be  punished  by  imprisonment  in 
the  penitentiary  not  more  than  five  years. 

§  27.  Any  person  who  shall  cover  up  in  or  under  any  levee  in  the  construc- 
tion, enlargement,  or  repair  thereof,  any  log,  stump,  or  other  material  which, 
under  the  specifications  of  the  contract  under  which  the  work  is  being  done, 
should  be  removed  or  should  not  be  used  in  the  construction,  or  who  shall 
procure  any  such  act  or  thing  to  be  done,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  or  be  imprisoned  in  the  county  jail  not  less  than  one 
month  nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 


390  DRAIXAGEJ — OTHER    THAN    SWAMP-LANDS. 

§  28.  Every  board  of  trustees  of  any  reclamation,  swamp-land,  levee,  drain- 
age or  protection  district  within  said  drainage  district  shall  annually,  in  the 
month  of  January  of  each  year,  make  and  furnish  to  the  board  of  drainage 
commissioners  a  complete  statement  in  detail  of  the  work  done  by  such  board 
of  trustees  during  the  preceding  twelve  months,  and  a  detailed  statement  of 
the  condition  of  the  works  of  reclamation  in  such  district,  together  with  a 
statement  of  the  expenditures  made  by  such  board  of  trustees  during  the 
preceding  twelve  months,  showing  the  persons  to  whom  all  warrants  were 
issued,  together  with  the  several  amounts  thereof,  and  the  services  performed 
by  such  persons. 

§  29.  Until  the  state  of  California,  and  the  government  of  the  United  States^ 
or  one  of  them,  shall  have  made  legal  provisions  for  paying  a  sum,  or  sums, 
which,  together  with  the  amount  of  the  assessment  mentioned  in  section  eleven 
of  this  act,  shall  equal  the  entire  estimated  cost  of  river  improvement  specified 
in  said  section  eleven,  the  powers  of  the  board  of  drainage  commissioners  con- 
ferred by  this  act  shall  be,  and  they  are  hereby  suspended;  excepting  that 
said  board  of  drainage  commissioners  may  cause  to  be  levied  and  collected  an 
assessment  under  the  provisions  of  sections  eight  and  nine  of  this  act,  which 
said  assessment  shall  not  exceed  the  sum  of  fifty  thousand  dollars;  and  said 
board  of  drainage  commissioners  may  also  exercise  the  powers  conferred  by 
section  eleven  of  this  act,  and  such  other  powers  as  may  be  necessary  to  the 
exercise  of  the  powers  that  are  not  hereby  suspended.  The  powers  of  all 
boards  of  supervisors  and  trustees  of  reclamation,  swamp-land,  drainage, 
levee  and  protection  districts  are  hereby  continued  in  force  until  the  general 
powers  of  the  drainage  commissioners  shall  become  fully  effective  under  the 
provisions  of  this  section. 

§  30.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are,  for  the  purposes 
of  this  act,  hereby  repealed. 

§  31.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

DRAINAGE— LAND  OTHER  THAN  SWAMP,  ETC. 

To  provide  for  the  organization  and  government  of  drainage  districts,  for  the 
drainage  of  agricultural  lands  other  than  swamp  and  overflowed  lands,  and 
to  provide  for  the  acquisition  or  construction  thereby  of  works  for  the 
drainage  of  the  lands  embraced  within  such  districts. 
(Stats.  1903,  291,  ch.  CCXXXVIII.) 

§  1.  Whenever  fifty  or  a  majority  of  the  holders  of  title,  or  evidence  of 
title  as  herein  provided,  to  agricultural  lands  other  than  swamp  and  over- 
flowed lands,  which  are  susceptible  of  one  general  mode  of  drainage  by  the 
same  system  of  works,  desire  to  provide  for  the  drainage  of  such  lands,  they 
may  propose  the  organization  of  a  drainage  district  under  the  provisions  of 
this  act,  and  when  so  organized,  such  district  shall  have  the  powers,  rights 
and  duties  conferred,  or  which  may  be  conferred  by  law,  upon  such  drainage 
districts.  The  equalized  county  assessment  roll  next  preceding  the  presenta- 
tion of  a  petition  for  the  organization  of  a  drainage  district  under  the  pro- 
visions of  this  act,  shall  be  sufficient  evidence  of  title  for  the  purposes  of  this 
act ;  provided,  that  no  person  who  has  received  or  acquired  title  to  land  within 


ORGANIZATION    OF    DRAINAUK    DISTRICT— PETITION.  391 

such  proposed  district  for  the  purpose  of  enabling  him  or  her  to  join  in  such 
petition  or  to  become  an  elector  of  said  district,  shall  be  allowed  to  sign  such 
petition  or  to  vote  at  any  election  to  be  held  in  such  district  under  the  pro- 
visions of  this  act.  Such  illegal  signing,  however,  shall  not  invalidate  such 
petition  when  there  shall  be  found  a  sufficient  number  of  other  legal  petitioners. 
§  2.  In  order  to  propose  the  organization  of  a  drainage  district,  a  petition 
shall  be  presented  to  the  board  of  supervisors  of  the  county  in  which  the 
lands  within  the  proposed  district  or  the  greater  portion  thereof,  are  situated, 
signed  by  the  required  number  of  holders  of  title,  or  evidence  of  title,  to  lands 
within  such  proposed  district,  which  petition  shall  set  forth  and  particularly 
describe  the  proposed  boundaries  of  such  district,  and  shall  pray  that  the  same 
be  organized  under  the  provisions  of  this  act.  The  petitioners  must  accom- 
pany the  petition  with  a  good  and  sufficient  bond,  to  be  approved  by  the  said 
board  of  supervisors,  in  double  the  amount  of  the  probable  cost  of  organizing 
such  district,  conditioned  that  the  obligors  will  pay  all  the  costs  in  case  such 
an  organization  will  not  be  effected.  The  petition  shall  be  presented  at  a 
regular  meeting  of  said  board  of  supervisors,  and  shall  have  been  published  for 
at  least  two  weeks  before  such  presentation,  in  some  newspaper  printed  and 
published  in  the  county  where  the  petition  is  presented,  together  with  a  notice 
stating  the  date  of  the  meeting  of  the  said  board  at  which  the  petition  will 
be  presented;  and  if  any  portion  of  the  proposed  district  lies  within  another 
county,  or  counties,  then  said  petition  and  notice  shall  be  likewise  published 
in  a  newspaper  printed  and  published  in  each  of  such  counties. 

§  3.  When  such  petition  is  presented,  the  board  of  supervisors  shall  hear 
the  same,  and  may  adjourn  such  hearing  from  time  to  time  not  exceeding  four 
weeks  in  all,  and  on  the  final  hearing  said  board  shall  make  such  changes  in 
the  proposed  boundaries  as  may  be  deemed  advisable,  and  shall  define  and 
establish  such  boundaries.  But  said  board  shall  not  modify  said  boundaries 
so  as  to  exclude  from  such  proposed  district  any  territory  which  is  susceptible 
of  drainage  by  the  same  system  of  works  applicable  to  the  other  lands  in  such 
proposed  district ;  nor  shall  any  lands  which  will  not,  in  the  judgment  of  said 
board,  be  benefited  by  drainage,  by  means  of  said  system  of  works,  be  included 
within  such  proposed  district.  Any  person  whose  lands  are  susceptible  of 
drainage  by  the  same  system  of  works,  may,  upon  his  application,  in  the  dis- 
cretion of  said  board,  have  such  lands  included  within  said  proposed  district. 
Upon  such  hearing  of  said  petition,  the  board  of  supervisors  shall  determine 
whether  or  not  said  petition  complies  with  the  requirements  of  sections  one 
and  two  of  this  act,  and  for  that  purpose  must  hear  all  competent  and  relevant 
testimony  offered  in  support  or  in  opposition  thereto.  Such  determination  shall 
be  entered  upon  the  minutes  of  said  board  of  supervisors. 

§  4.  The  right  of  appeal  from  said  order  to  the  superior  court  of  the  county 
where  said  petition  is  heard,  is  hereby  given  to  any  person  interested,  who  is  a 
party  to  the  record ;  provided,  that  if  more  than  one  appeal  be  taken  they  shall 
be  consolidated  and  tried  together.  Such  appeal  shall  be  taken  within  ten 
days  after  the  entry  of  such  order  upon  the  minutes  of  the  board  of  super- 
visors. The  appeal  shall  be  taken  and  heard  in  the  same  manner  as  appeals 
from  justices'  courts  to  the  superior  court,  except  as  herein  otherwise  pro- 
vided.    Upon  the  appeal,  the  superior  court  may  make  and  enter  its  judgment 


Saa  BOUNDARIES    OF    DISTRICT— NOTICE    OF    ELECTION. 

affirming,  modifying,  or  reversing  the  order  appealed  from.  Within  ten  days 
thereafter,  the  superior  court  must  cause  its  remittitur  to  issue  to  said  board 
of  supervisors,  and  if  said  order  of  the  board  of  supervisors  is  modified  or 
reversed,  the  judgment  of  the  superior  court  and  its  remittitur  shall 
direct  the  board  of  supervisors  what  order  it  shall  enter.  Such  remittitur  snail 
be  filed  by  the  clerk  of  the  board  of  supervisors,  and  at  the  first  regular  meet- 
ing of  the  board  thereafter,  it  shall  cause  to  be  entered  in  its  minutes  the  order 
as  directed  by  said  superior  court.  The  appeal  herein  provided  for  shall  be 
heard  and  determined  vrithin  thirty  days  from  the  time  of  filing  the  notice  of 
appeal. 

§  5.  When,  under  the  provisions  of  the  preceding  sections,  the  boundaries 
of  the  proposed  district  are  defined  and  established,  said  board  shall  make 
an  order  dividing  said  district  into  three  or  five  divisions,  as  nearly  equal  in 
size  as  practicable,  which  divisions  shall  be  numbered  consecutively,  and  one 
director  who  shall  be  an  elector  and  a  resident  freeholder  of  the  division,  shall 
be  elected,  as  hereinafter  provided,  by  each  division;  provided,  that  when 
requested  in  the  petition  three  directors  who  shall  be  residents,  electors  and 
freeholders  of  the  district,  shall  be  elected  at  large  by  the  qualified  electors  of 
the  district. 

§  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  election  to  be 
held  in  such  proposed  district  for  the  purpose  of  determining  whether  or  not 
the  same  shall  be  organized  under  the  provisions  of  this  act.  Such  notice  shall 
designate  a  name  for  such  proposed  district,  and  describe  the  boundaries 
thereof  and  the  boundaries  of  the  precincts  established  therein,  when  more 
than  one,  together  with  a  designation  of  the  polling-place  and  board  of  elec- 
tion for  each  precinct ;  and  said  notice  shall  be  published  for  at  least  three 
weeks  previous  to  such  election,  in  a  newspaper  published  within  the  county 
in  which  the  petition  for  the  organization  of  the  proposed  district  was  pre- 
sented; and  if  any  portion  of  such  proposed  district  is  within  another  county 
or  counties,  then  such  notice  shall  be  published  for  the  same  length  of  time  in 
a  newspaper  published  in  each  of  said  counties.  Such  notice  shall  require  the 
electors  to  cast  ballots,  which  shall  contain  the  words  "Drainage  District — 
Yes"  or  "Drainage  District — No"  or  words  equivalent  thereto,  and  also  the 
names  of  one  or  more  persons  (according  to  the  divisions  of  the  proposed  dis- 
trict as  prayed  for  in  the  petition  and  ordered  by  the  board)  to  be  voted  for 
to  fill  the  office  of  director.  Such  election  shall  be  conducted  as  nearly  as 
practicable  in  accordance  with  the  general  election  laws  of  the  state  but  no 
particular  form  of  ballot  shall  be  required. 

§  7.  No  person  shall  be  entitled  to  vote  at  any  election  held  under  the  pro- 
visions of  this  act  unless  he  possesses  all  the  qualifications  required  of  electors 
under  the  general  election  laws  of  the  state. 

§  8.  The  said  board  of  supervisors  shall  on  the  first  Monday  succeeding  such 
election,  if  then  in  session,  or  at  its  next  succeeding  general  or  special  session 
proceed  to  canvass  the  votes  cast  thereat,  and  if  upon  such  canvass,  it  appear 
that  at  least  two  thirds  of  all  the  votes  cast  are  "Drainage  District— Yes, "  the 
board  shall  by  an  order  entered  in  its  minutes,  declare  such  territory  duly 
organized  as  a  drainage  district,  under  the  name  theretofore  designated,  and 


ELECTION     AND     ORGANIZATION— DIRECTORS.  393 

shall  declare  the  persons  receiving,  respectively  the  highest  number  of  votes 
for  directors  to  be  duly  elected  to  such  offices. 

§  9,  Said  board  shall  then  cause  a  copy  of  such  order,  duly  certified,  to  be 
immediately  filed  for  record  in  the  office  of  the  county  recorder  of  any  county 
in  which  any  portion  of  the  lands  embraced  in  such  district  are  situated,  and 
must  also  immediately  forward  a  copy  thereof  to  the  clerk  of  the  board  of 
supervisors  of  each  of  said  last  mentioned  counties  and  no  board  of  supervisors 
of  any  county  in  which  any  portion  of  the  lands  embraced  in  such  district  are 
situated,  shall,  after  the  date  of  the  organization  thereof,  allow  another  district 
to  be  formed  including  any  portion  of  said  lands,  without  the  consent  of  the 
board  of  directors  of  the  district  in  which  they  are  situated.  From  and  after 
such  filing,  the  organization  of  the  district  shall  be  complete. 

§  10.  Such  election  on  organization  may  be  contested  by  any  person  owning 
property  within  the  proj)osed  district  liable  to  assessment.  The  directors 
elected  at  such  election  shall  be  made  parties  defendant.  Such  contest  shall 
be  brought  in  the  superior  court  of  the  county  where  the  petition  for  organiza- 
tion is  filed ;  provided,  that  if  more  than  one  contest  be  pending  they  shall  be 
consolidated  and  tried  together.  The  court  having  jurisdiction  shall  speedily 
try  such  contest,  and  determine,  upon  the  hearing,  whether  the  election  was 
fairly  conducted  and  in  substantial  compliance  with  the  requirements  of  this 
act,  and  enter  its  judgment  accordingly.  Such  contest  must  be  brought  within 
twenty  days  after  the  canvass  of  the  vote  and  declaration  of  the  result  by  the 
board  of  supervisors.  The  right  of  appeal  is  hereby  given  to  either  party  to 
the  record  within  thirty  days  from  entry  of  judgment.  The  appeal  must  be 
heard  and  determined  by  the  supreme  court  within  sixty  days  from  the  time 
of  filing  the  notice  of  appeal. 

§  11.  The  directors  elected  at  the  election  hereinbefore  provided  for  shall 
immediately  enter  upon  their  duties  as  such  upon  qualifying  in  the  manner 
herein  provided.  Said  directors  shall  hold  office  respectively  until  their  suc- 
cessors are  elected  and  qualified. 

§  12.  The  directors  of  any  district  created  after  the  passage  of  this  act,  on 
the  first  Tuesday  after  their  election,  after  they  shall  have  qualified,  shall  meet 
and  classify  themselves  by  lot  into  two  classes,  as  nearly  equal  in  number  as 
possible,  and  the  term  of  office  of  the  class  having  the  greater  number  shall 
expire  at  the  next  general  February  election  in  this  act  provided  for;  and 
the  term  of  office  of  the  class  having  the  lesser  number  shall  terminate  at  the 
next  general  February  election  thereafter.  After  such  classification,  said 
directors  shall  organize  as  a  board,  shall  elect  a  president  from  their  number, 
and  appoint  a  secretary,  who  shall  each  hold  office  during  the  pleasure  of  the 
board.  The  salary  of  the  secretary  and  the  amount  of  the  bond  to  be  given 
by  him  for  the  faithful  performance  of  his  duties  shall  be  fixed  by  the  board 
of  directors. 

§  13.  The  board  of  directors  shall  hold  regular  meetings  in  their  office  on 
the  first  Tuesday  in  March,  June,  September  and  December,  and  such  special 
meetings  as  may  be  required  for  the  proper  transaction  of  business ;  provided, 
that  all  special  meetings  must  be  ordered  by  a  majority  of  the  board  by  an 
order  entered  in  the  minutes  specifying  the  business  to  be  transacted.    Three 


3JM  BOARD    OF   DIRECTORS — POWERS    AND    DUTIES. 

days'  notice  to  any  member  not  joining  in  the  order  must  be  given  by  the  secre- 
tary, and  only  the  business  specified  in  the  order  must  be  transacted  at  such 
special  meeting.  All  meetings  of  the  board  must  be  public,  and  a  majority  of 
members  shall  constitute  a  quorum  for  the  transaction  of  business.  A  minute 
of  all  proceedings  of  the  board  shall  be  kept  by  the  secretary,  and  all  records 
of  the  board  shall  be  open  to  public  inspection  during  business  hours.  The 
board  of  directors  shall,  on  the  first  Tuesday  in  March  of  each  and  every  year, 
render,  and  immediately  thereafter  cause  to  be  published,  a  verified  statement 
of  the  finacial  condition  of  the  district,  showing  particularly  the  receipts  and 
disbursements  of  the  last  preceding  year,  together  v^^ith  the  source  of  such  re- 
ceipts and  purpose  of  such  disbursements.  Said  publication  shall  be  made  at 
least  once  a  week  for  two  weeks,  in  some  paper  published  in  the  county  where 
the  office  of  the  board  of  directors  of  such  district  is  situated. 

§  14.  The  board  shall  have  the  power  and  it  shall  be  their  duty,  to  manage 
and  conduct  the  business  and  affairs  of  the  district;  make  and  execute  all 
necessary  contracts;  to  adopt  a  seal  for  the  district  to  be  used  in  the  attesta- 
tion of  proper  documents;  provided  for  the  paymeilt,  from  the  proper  fund,, 
of  all  the  debts  and  just  claims  against  the  district ;  employ  and  appoint  when 
necessary,  engineers  to  survey,  plan,  locate,  and  estimate  the  cost  of  the  works 
necessary  for  drainage  and  the  land  needed  for  right  of  way,  including  drains, 
canals,  sluices,  water-gates,  embankments  and  material  for  construction,  and 
to  construct,  maintain,  and  keep  in  repair  all  works  necessary  for  the  purpose 
of  drainage.  The  board  and  its  agents  and  employees  shall  have  the  right 
to  enter  upon  any  land  to  make  surveys,  and  may  locate  the  necessary  drainage 
works  and  the  line  for  any  canals,  sluices,  water-gates  and  embankments,  and 
the  necessary  branches  for  the  same,  on  any  lands  which  may  be  deemed  best 
for  such  location.  Said  board  shall  also  have  the  right  to  acquire,  hold  and 
possess  either  by  donation,  purchase  or  condemnation,  any  land  or  other  prop- 
erty, necessary  for  the  construction,  use,  maintenance,  repair,  and  improve- 
ment of  any  works  required  for  the  purpose  of  drainage  as  provided  herein. 
The  board  may  establish  equitable  by-laws,  rules  and  regulations  necessary  or 
proper  for  carrying  on  the  business  herein  contemplated,  and  generally  may 
perform  all  such  acts  as  shall  be  necessary  to  fully  carry  out  the  purposes  of 
this  act. 

§  15.  The  board  of  directors,  when  they  deem  it  advisable  for  the  best  inter- 
ests of  the  district  and  the  convenience  of  the  electors  thereof,  may  at  any 
time,  but  not  less  than  sixty  days  before  an  election  to  be  held  in  the  district, 
change  the  boundaries  of  the  divisions  and  election  precincts  of  the  district ; 
provided,  such  changes  shall  be  made  to  keep  each  division  as  nearly  equal 
in  area  and  population  as  may  be  practicable.  Such  change  of  boundaries  of 
the  division  must  be  shown  on  the  minutes  of  the  board. 

§  16.  In  case  of  condemnation  proceedings,  the  board  shall  proceed,  in  the 
name  of  the  district,  under  the  provisions  of  title  seven,  part  three,  of  the  Code 
of  Civil  Procedure,  which  said  provisions  are  hereby  made  applicable  for  that 
purpose,  and  it  is  hereby  declared  that  the  use  of  the  property  which  may  be 
condemned,  taken,  or  appropriated  under  the  provisions  of  this  act,  is  a  public 
use,  subject  to  regulation  and  control  of  the  state  in  the  manner  prescribed 
bv  law. 


ELECTIONS— CERTIFICATE — PROCEDLUE.  895 

§  17.  In  each  district  organized  as  herein  provided,  an  election  shall  be  held 
on  the  first  "Wednesday  in  February,  nineteen  hundred  and  five,  and  on  the 
first  Wednesday  in  February  of  each  second  year  tliereafter,  at  which  a  board 
of  directors  for  the  district,  as  provided  in  section  five  of  this  act,  shall  be 
elected.  The  person  receiving  the  highest  number  of  votes  for  the  office  to  be 
filled  at  such  election,  is  elected  thereto.  Within  ten  days  after  receiving  their 
respective  certificates  of  election,  each  of  said  persons  shall  qualify  as  such  by 
taking  and  subscribing  the  official  oath  and  filing  a  bond  as  herein  provided. 
Each  director  shall  execute  an  oificial  bond  in  the  sum  of  one  thousand  dollars, 
which  shall  be  approved  by  the  judge  of  the  superior  court  of  the  county  where 
the  organization  of  the  district  was  effected  and  shall  be  recorded  in  the 
office  of  the  county  recorder  of  such  county  and  then,  together  with  his  official 
oath,  filed  with  the  secretary  of  the  board  of  directors.  All  official  bonds 
herein  provided  for  shall  be  in  the  form  prescribed  by  law  for  the  official  bonds 
of  county  officers.  If  a  vacancy  shall  occur  in  the  office  of  director  the  same 
shall  be  filled  by  appointment  by  the  supervisors  of  the  county  where  such 
district  is  organized.  A  director  so  appointed  shall  qualify  within  ten  days 
after  receiving  notice  of  his  appointment  as  in  said  act  provided,  if  he  were 
elected  to  such  office  and  he  shall  hold  such  office  only  until  the  next  regular 
election  for  said  district  and  until  his  successor  is  elected  and  qualified. 

§  18.  On  the  first  Tuesday  in  March  next  following  the  election,  the  directors 
who  shall  have  been  elected  at  the  general  February  election,  shall  meet  and 
organize  as  a  board,  elect  a  president  and  appoint  a  secretary,  who  shall  each 
hold  office  during  the  pleasure  of  the  board.  And  the  directors  of  districts 
now  organized,  who  shall  have  been  elected  at  the  general  February  election  of 
nineteen  hundred  and  five,  shall,  on  the  first  Tuesday  in  March  next  thereafter, 
when  they  meet  to  organize,  first  classify  themselves  by  lot  into  two  classes  as 
nearly  equal  in  number  as  possible.  And  the  terms  of  office  of  the  class  having 
the  greater  number  shall  be  two  years;  and  the  term  of  office  of  the  lesser 
number  shall  be  four  years.  The  full  term  of  office  of  directors  is  hereby  fixed 
at  four  years.  The  office  of  the  board  of  directors  of  any  such  district  may 
be  established  by  said  board  of  directors  at  the  county  seat,  or  at  some  proper 
and  convenient  place  within  the  district,  but  after  the  office  is  once  established 
it  shall  not  be  changed  without  giving  notice  thereof  by  posting  in  three  public 
places  in  the  district  and  by  publishing  a  similar  notice  for  thirty  days  in  some 
newspaper  of  general  circulation  published  in  the  county  where  such  district 
is  organized. 

§  19.  Fifteen  days  before  any  election  held  under  this  act,  subsequent  to  the 
organization  of  any  district,  the  secretary  of  the  board  of  directors  shall  cause 
notices  to  be  posted  in  three  public  places  in  each  election  precinct,  of  the  time 
and  place  of  holding  the  election,  and  shall  also  post  a  similar  notice  of  the 
same  in  a  conspicuous  place  in  the  office  of  the  said  board,  specifying  the 
polling-places  of  each  precinct,  and  the  names  of  the  members  of  the  boards  of 
election,  for  each  precinct.  Prior  to  the  time  for  posting  such  notices,  the 
board  must  appoint  for  each  precinct,  from  the  electors  thereof,  one  inspector 
and  one  judge  and  one  clerk,  who  shall  constitute  a  board  of  election  for  such 
precinct.  If  the  board  fail  to  appoint  a  board  of  election,  or  the  members  ap- 
pointed, or  any  of  them  do  not  attend  at  the  opening  of  the  polls  on  the  morn- 


306 


INSPECTOR,    ETC.,    OF    ELECTION— VOTING— RETURNS. 


ing  of  election,  the  electors  of  the  precinct  present  at  that  hour,  may  appoint 
the  board,  or  supply  the  place  of  an  absent  member  thereof.  The  board  of 
directors  must  in  its  order  appointing  the  board  of  election,  designate  the  place 
within  each  precinct  where  the  election  must  be  held. 

§  20.  The  inspector  is  chairman  of  the  election  board,  and  may  administer 
all  oaths  required  in  the  progress  of  an  election ;  and  appoint  judges  and  clerks, 
if,  during  the  progress  of  the  election,  any  judge  or  clerk  cease  to  act.  Any 
member  of  the  board  of  election,  or  any  clerk  thereof,  may  administer  and 
certify  oaths  required  to  be  administered  during  the  progress  of  an  election. 
The  board  of  election  for  each  precinct  must,  before  opening  the  polls,  appoint 
two  persons  to  act  as  clerks  of  the  election.  Before  opening  the  polls,  each 
member  of  the  board  and  each  clerk  must  take  and  subscribe  an  oath  to  faith- 
fully perform  the  duties  imposed  upon  them  by  law.  Any  elector  of  the  pre- 
cinct may  administer  and  certify  such  oath.  The  polls  must  be  open  at  nine 
o'clock  a.  m.,  and  be  kept  open  until  four  o'clock  p.  m.,  when  the  same  must 
be  closed.  The  provisions  of  the  general  election  laws  concerning  the  form 
of  ballots  to  be  used  shall  not  apply  to  elections  held  under  this  act. 

§  21.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and  may  be 
continued  during  all  the  time  the  polls  remain  opened,  and  shall  be  conducted, 
as  nearly  as  practicable,  in  accordance  with  the  provisions  of  the  general  elec- 
tion laws  in  this  state. 

§  22.  As  soon  as  all  the  votes  are  read  off  and  counted,  a  certificate  shall 
be  drawn  up  on  each  of  the  papers  containing  the  poll  list  and  tallies,  or 
attached  thereto,  stating  the  number  of  votes  each  one  voted  for  has  received, 
and  designating  the  office  to  fill  which  he  was  voted  for,  which  number  shall 
be  written  in  figures  and  in  words  at  full  length.  Each  certificate  shall  be 
signed  by  the  clerk,  judge  and  the  inspector.  One  of  said  certificates  with  the 
poll  list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained  by  the 
inspector,  and  preserved  by  him  at  least  six  months.  The  ballots  shall  be 
strung  upon  a  cord  or  thread  by  the  inspector,  during  the  counting  thereof, 
in  the  order  in  which  they  are  entered  upon  the  tally  list  by  the  clerks ;  and 
said  ballots  together  with  the  other  of  said  certificates,  with  the  poll  list  and 
tally  paper  to  which  it  is  attached,  shall  be  sealed  by  the  inspector  in  the 
presence  of  the  judges  and  clerks,  and  indorsed  "Election  returns  of  (naming 
the  precinct)  precinct"  and  be  directed  to  the  secretary  of  the  board  of 
directors  and  shall  be  immediately  delivered  by  the  inspector,  or  by  some  other 
safe  and  responsible  carrier  designated  by  said  inspector,  to  said  secretary, 
and  the  ballots  shall  be  kept  unopened  for  at  least  six  months,  and  if  any 
person  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been  correctly 
counted,  he  may  appear  on  the  day  appointed  for  the  board  of  directors  to 
open  and  canvass  the  returns  and  demand  a  recount  of  the  vote  of  the  pre- 
cinct that  is  so  claimed  to  have  been  incorrectly  counted. 

§  23.  No  list,  tally  paper,  or  certificate  from  any  election,  shall  be  set  aside 
or  rejected  for  want  of  form  if  it  can  be  satisfactorily  understood.  The  board 
of  directors  must  meet  at  its  usual  place  of  meeting  on  the  first  Monday  after 
each  election  to  canvass  the  returns.  If,  at  the  time  of  meeting,  the  returns 
from  each  precinct  in  the  district  in  which  the  polls  were  opened  have  been 


RESULTS  TO  BE  ENTERED  OF  RECORD— TITLE  TO  PROPERTY.  3U7 

received,  the  board  of  directors  must  then  and  there  proceed  to  canvass  the 
returns;  but  if  all  the  returns  have  not  been  received,  the  canvass  must  be 
postponed  from  day  to  day  until  the  returns  have  been  received,  or  until  six 
postponements  have  been  had.  The  canvass  must  be  made  in  public  and  by 
opening  the  returns  and  estimating  the  vote  of  the  district  for  each  person 
voted  for  and  declaring  the  result  thereof. 

§  24.  The  secretary  of  the  board  of  directors,  must,  as  soon  as  the  result  is 
declared,  enter  in  the  records  of  such  board,  a  statement  of  such  result,  which 
statement  must  show:  (a)  the  whole  number  of  votes  cast  in  the  district  and 
in  each  precinct  thereof  if  there  be  more  than  one  precinct;  (b)  the  names  of 
the  persons  voted  for;  (c)  the  office  to  fill  which  each  person  was  voted  for; 
(d)  the  number  of  votes  given  in  each  precinct  to  each  of  such  persons;  (e) 
the  number  of  votes  given  in  each  division  for  the  office  of  director.  The  board 
of  directors  must  declare  elected  the  persons  having  the  highest  number  of 
votes  given  for  each  office.  The  secretary  must  immediately  make  out  and 
deliver  to  such  person  a  certificate  of  election,  signed  by  him,  and  authenti- 
cated with  the  seal  of  the  board. 

§  25.  In  any  district  the  board  of  directors  thereof  may,  upon  the  presenta- 
tion of  a  petition  therefor,  by  a  majority  of  the  holders  of  title,  or  evidence 
of  title,  of  said  district,  evidenced  as  above  provided,  order  that  on  and  after 
the  next  ensuing  general  election  for  the  district,  there  shall  be  either  three  or 
five  directors,  as  said  board  may  order,  and  they  shall  be  elected,  by  the  dis- 
trict at  large,  or  by  divisions,  as  so  petitioned  and  ordered ;  and  after  such  order 
such  directors  shall  be  so  elected. 

§  26.  The  legal  title  to  all  property  acquired  under  the  provisions  of  this  act 
shall  immediately  and  by  operation  of  law  vest  in  such  drainage  district,  and 
shall  be  held  by  such  district  in  trust  for  and  is  hereby  dedicated  and  set  apart 
to  the  uses  and  purposes  set  forth  in  this  act.  And  said  board  is  hereby 
authorized  and  empowered  to  hold,  use,  acquire,  manage,  occupy,  and  possess 
said  property  as  herein  provided.  The  said  board  is  hereby  authorized  and 
empowered  to  take  conveyances  or  other  assurances  for  all  property  acquired 
by  it  under  the  provisions  of  this  act,  in  the  name  of  such  drainage  district, 
to  and  for  the  uses  and  purposes  herein  expressed,  and  to  institute  and  main- 
tain any  and  all  actions  and  proceedings,  suits  at  law  or  in  equity,  necessary 
or  proper  in  order  to  fully  carry  out  the  provisions  of  this  act,  or  to  enforce, 
maintain,  protect,  or  preserve  any  and  all  rights,  privileges  and  immunities 
created  by  this  act,  or  acquired  in  pursuance  thereof.  And  in  all  courts, 
actions,  suits,  or  proceedings,  the  said  board  may  sue,  appear,  and  defend  in 
person  or  by  attorneys,  and  in  the  name  of  such  drainage  district. 

§  27.  For  the  purpose  of  constructing  necessary  conduits,  drains,  sluices, 
water-gates,  embankments  and  all  works  necessary  for  the  purpose  of  drainage, 
and  acquiring  the  necessary  property  and  rights  therefor,  and  otherwise  carry- 
ing out  the  provisions  of  this  act,  the  board  of  directors  of  any  such  district 
must,  as  soon  after  such  district  has  been  organized  as  may  be  practicable, 
and  also  whenever  thereafter  the  construction  fund  has  been  exhausted  by 
expenditures  as  herein  authorized  therefrom,  and  it  is  necessary  to  raise  addi- 
tional money  for  said  purposes,  estimate  and  determine  the  amount  of  money 


398  BONDS— ISSUANCE    OF — PROVISIONS. 

necessary  to  be  raised.  And  thereafter  said  board  shall  immediately  call  a 
special  election,  at  which  shall  be  submitted  to  the  electors  of  such  district  the 
question  whether  or  not  the  bonds  of  said  district  shall  be  issued  in  the  amount 
so  determined.  Notice  of  such  election  must  be  given  by  posting  notices  in 
three  public  places  in  each  election  precinct  in  said  district  for  at  least  twenty 
days,  and  also  by  publication  of  such  notice  in  some  newspaper  published  in 
the  county  Avhere  the  office  of  the  board  of  directors  of  such  district  is  required 
to  be  kept,  once  a  week  for  at  least  three  successive  weeks.  Such  notices  must 
specify  the  time  of  holding  the  election,  the  amount  of  bonds  proposed  to  be 
issued;  and  said  election  must  be  held  and  the  result  thereof  determined  and 
declared  in  all  respects  as  nearly  as  practicable  in  conformity  with  the  pro- 
visions of  this  act  governing  the  election  of  officers;  provided,  that  no  infor- 
malities in  conducting  such  an  election  shall  invalidate  the  same,  if  the  election 
shall  have  been  otherwise  fairly  conducted.  At  such  election  the  ballots  shall 
contain  the  words  "Bonds — Yes"  or  "Bonds — No,"  or  words  equivalent 
thereto.  If  a  majority  of  the  votes  cast  are  "Bonds — Yes,"  the  board  of 
directors  shall  cause  bonds  in  said  amount  to  be  issued;  if  a  majority  of  the 
votes  cast  at  any  bond  election  are  "Bonds — No,"  the  result  of  such  election 
shall  be  so  declared  and  entered  of  record.  Whenever  thereafter,  a  petition  of 
the  character  hereinbefore  provided  for  in  this  section,  is  presented  to  the 
board,  it  shall  so  declare  of  record  in  its  minutes,  and  shall  thereupon  submit 
such  questions  to  said  electors  in  the  same  manner  and  with  like  effect  as  at 
such  previous  election. 

§  28.     All  bonds  issued  under  the  provisions  of  this  act  shall  be  payable  in 
gold  coin  of  the  United  States,  in  ten  series  as  follows,  to  wit:     On  the  first 
day  of  January  after  the  expiration  of  eleven  years,  five  per  centum  of  the 
whole  number  of  said  bonds;  on  the  first  day  of  January  after  the  expiration  of 
twelve  years,  six  per  centum ;  on  the  first  day  of  January  after  the  expiration 
of  thirteen  years,  seven  per  centum;  on  the  first  day  of  January  after  the 
expiration  of  fourteen  years,  eight  per  centum;  on  the  first  day  of  January 
after  the  expiration  of  fifteen  years,  nine  per  centum;  on  the  first  day  of 
January  after  the  expiration  of  sixteen  years,  ten  per  centum;  on  the  first 
day  of  January  after  the  expiration  of  seventeen  years,  eleven  per  centum; 
on  the  first  day  of  January  after  the  expiration  of  eighteen  years,  thirteen 
per  centum;  on  the  first  day  of  January  after  the  expiration  of  nineteen 
years,  fifteen  per  centum;  and  on  the  first  day  of  January  after  the  expira- 
tion of  twenty  years,  sixteen  per  centum;  that  the  several  enumerated  per- 
centages being  of  the  entire  amount  of  the  bond  issue,  but  each  bond  Must 
be  made  payable  at  a  given  time  for  its  entire  amount  and  not  for  a  percentage. 
Said  bonds  shall  bear  interest  at  the  rate  of  five  per  centum  per  annum, 
payable  semiannually,  on  the  first  day  of  January  and  July  of  each  year. 
The  principal  and  interest  shall  be  payable  at  the  place  designated  therein. 
Said  bonds  shall  be  each  of  the  denomination  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars ;  shall  be  negotiable  in  form,  signed 
by  the  president  and  secretary,  and  the  seal  of  the  board  of  directors  shall  be 
affixed  and  the  bonds  of  each  issue  shall  be  numbered  consecutively,  and  bear 
date  at  the  time  of  their  issue.     Coupons  for  the  interest  shall  be  attached  to 
each  bond,  signed  by  the  secretary.     Said  bonds  shall  express  on  their  face 


SELLING   BONDS — WHERE   MONEY   INSUFFICIENT.  399 

that  they  were  signed  by  authority  of  this  act,  stating  its  title  and  date 
of  approval,  and  shall  also  so  state  the  number  of  the  issue  of  which  such  bonds 
are  a  part.  The  secretary  shall  keep  a  record  of  the  bonds  sold,  their  number, 
the  date  of  sale,  the  price  received,  and  the  name  of  the  purchaser. 

§  29.  The  board  may  sell  said  bonds  from  time  to  time  in  such  quantities 
as  may  be  necessary  and  most  advantageous,  to  raise  money  for  the  construc- 
tion of  said  drains  and  works,  the  acquisition  of  said  property  and  rights,  and 
otherwise  to  fully  carry  out  the  objects  and  purposes  of  this  act.  Before  mak- 
ing any  sale  the  board  shall,  at  a  meeting,  by  resolution,  declare  its  intention 
to  sell  a  specified  amount  of  the  bonds,  and  the  day  and  hour  and  place  of 
such  sale,  and  shall  cause  such  resolution  to  be  entered  in  the  minutes,  and 
notice  of  the  sale  to  be  given,  by  publication  thereof  at  least  three  weeks  in 
some  newspaper  published  in  the  county  where  the  office  of  the  board  of 
directors  is  located,  and  in  any  other  newspaper,  at  its  discretion.  The  notice 
shall  state  that  sealed  proposals  will  be  received  by  the  board  at  their  office, 
for  the  purchase  of  the  bonds,  till  the  day  and  hour  named  in  the  resolution.  At 
the  time  appointed  the  board  shall  open  the  proposals,  and  aw^ard  the  purchase 
of  the  bonds  to  the  highest  responsible  bidder;  provided,  however,  that  they 
may  reject  all  bids.  Said  board  shall  in  no  event  sell  any  of  the  said  bonds 
for  less  than  the  par  value  thereof. 

§  30.  Any  bonds  issued  under  the  provisions  of  this  act,  shall  be  a  lien  upon 
the  property  of  the  district  and  the  lien  for  the  bonds  of  any  issue  shall  be  a 
preferred  lien  to  that  for  any  subsequent  issue.  Said  bonds,  and  the  interest 
thereon,  shall  be  paid  by  revenue  derived  from  an  annual  assessment  upon  the 
real  property  of  the  district ;  and  all  the  real  property  in  the  district  shall  be 
and  remain  liable  to  be  assessed  for  such  payments  as  hereinafter  provided. 

§  31.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be  insufficient  or 
in  case  the  bonds  be  unavailable  for  the  completion  of  the  plan  of  drainage 
and  works  adopted,  and  additional  bonds  be  not  voted,  it  shall  be  the  duty  of 
the  board  of  directors  to  provide  for  the  completion  of  said  plan  by  levy  of 
assessments  therefor;  provided,  however,  that  such  levy  of  assessments  shall 
not  be  made  except  first  an  estimate  of  the  amount  required  for  such  purposes 
has  been  made  by  said  board,  and  the  question  as  to  the  making  of  said  levy 
submitted  to  a  vote  of  the  electors  of  the  district.  Before  such  question  is  sub- 
mitted, the  order  of  submission  shall  be  entered  in  the  minutes  of  the  board, 
stating  the  amount  to  be  levied  and  the  purpose  therefor,  and  if  submitted  at  a 
special  election  said  order  shall,  in'  addition,  fix  the  daj^  of  election.  Notice 
of  such  election  must  be  given  by  posting  notices  in  three  public  places  in 
each  election  precinct  in  said  district  for  at  least  twenty  days,  and  also  by 
publication  of  such  notice  in  some  newspaper  published  in  the  county  where 
the  office  of  the  board  of  directors  of  such  district  is  required  to  be  kept,  once 
a  week  for  at  least  three  successive  weeks.  Such  notices  must  specify  the  time 
of  holding  the  election,  and  the  amount  of  assessment  proposed  to  be  levied. 
Said  election  must  be  held  and  the  result  thereof  determined  and  declared  in 
all  respects  as  nearly  as  practicable  in  conformity  with  the  provisions  of  this 
act  governing  the  election  of  officers;  provided,  that  no  informalities  in  con- 
ducting such  an  election  shall  invalidate  the  same,  if  the  election  shall  have 
been  otherwise  fairly  conducted.     At  such  election  the  ballots  shall  contain  the 


400  FUIVDIKG    BONDS— PETITION — PROCEDURE. 

words  "Assessment — Yes,"  or  "Assessment — No,"  or  words  equivalent 
thereto.  If  a  majority  of  the  votes  cast  are  "Assessment — Yes,"  the  board  of 
directors  shall  proceed  in  the  manner  prescribed  in  sections  forty  to  forty-three 
herein  provided  for  raising  funds  for  the  annual  requirements ;  if  a  majority  of 
the  votes  cast  are  "Assessment — No,"  the  result  of  such  election  shall  be  so 
declared  and  entered  of  record. 

§  32.  "Whenever  a  district  organized  under  the  provisions  of  this  act,  has 
outstanding  bonds,  coupons,  or  other  evidences  of  indebtedness,  the  payment 
thereof  may  be  provided  for  by  the  issuance  of  new  bonds,  in  the  manner  here- 
inafter prescribed. 

§  33.  In  order  to  propose  the  funding  of  such  bonds,  coupons,  or  other  evi- 
dences of  indebtedness  a  petition  shall  be  presented  to  the  board  of  directors 
of  such  drainage  district,  signed  by  a  majority  in  number  of  holders  of  title 
or  evidences  of  title  to  real  property  in  such  district,  which  petition  shall  set 
forth  the  amount  of  bonds,  coupons,  or  other  evidences  of  indebtedness  pro- 
posed to  be  funded,  together  with  a  general  description  of  same,  also  the  total 
amount  of  the  bonds  sought  to  be  issued  (provided,  that  said  amount  shall  in 
no  case  be  greater  than  the  total  amount  of  bonds,  coupons,  and  other  evidences 
of  indebtedness  then  outstanding  and  sought  to  have  funded),  together  with 
a  full  and  complete  statement  of  the  purposes  for  which  such  bonds  are  to  be 
used.  On  presentation  of  such  petition,  the  same  shall  be  entered  in  full  on 
the  minutes  of  the  board. 

§  34.  Immediately  after  the  recording  of  said  petition,  the  board  shall  call 
a  special  election,  at  which  shall  be  submitted  to  the  electors  of  such  district 
the  question  whether  or  not  the  bonds  of  such  district  in  the  amount  set  forth 
in  said  petition  shall  be  issued.  Notice  of  such  election  must  be  given  by 
posting  notices  in  three  public  places  in  each  election  precinct  in  said  district 
for  at  least  twenty  days,  and  also  by  publication  of  such  notice  in  some  news- 
paper published  in  the  county  Avhere  the  office  of  the  board  of  directors  of  such 
district  is  required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks 
before  such  election.  Such  notice  must  specify  the  time  of  holding  the  elec- 
tion, the  amount  of  bonds  proposed  to  be  issued,  the  amount  of  bonds,  coupons 
or  other  evidences  of  indebtedness  proposed  to  be  funded,  together  with  a 
general  description  of  the  same.  Said  election  shall  be  held  and  the  result 
thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable  in 
conformity  with  the  provisions  governing^  the  election  of  officers ;  provided, 
that  no  informalities  in  conducting  such  an  election  shall  invalidate  the  same, 
if  the  election  shall  have  been  otherwise  fairly  conducted.  At  such  election, 
the  ballots  shall  contain  the  words  "Bonds — Yes"  or  "Bonds — No"  or  words 
equivalent  thereto.  If  two  thirds  of  the  votes  cast  are  "Bonds — Yes"  the 
board  of  directors  shall  cause  bonds  in  said  amount  to  be  issued.  If  more  than 
one  third  of  the  votes  cast  at  such  election  are  "Bonds — No,"  the  result  of  such 
election  shall  be  so  declared.  The  result  in  either  case  shall  be  duly  entered 
of  record. 

§  35.  If  said  bonds  are  directed  to  be  issued  as  herein  provided  for,  the 
board  of  directors  shall  cause  the  same  to  be  issued.  Said  bonds  shall  be 
made  payable  in  gold  coin  of  the  United  States,  in  twenty  series,  as  follows, 


DEPOSIT     OF    BONDS — SEILLING    FROM    TIME    TO    TIME.  401 

to  wit:  On  the  first  day  of  January  after  the  expiration  of  twenty  years,  five 
per  centum  of  the  whole  amount  of  said  bonds,  and  on  the  first  day  of  Janu- 
ary of  each  year  thereafter,  an  equal  amount  of  such  bonds  until  all  shall 
have  been  finally  paid;  that  is,  five  per  centum  of  the  whole  issue  of  bonds — 
not  five  per  centum  of  each  bond,  each  being  wholly  payable  when  due.  Said 
bonds  shall  bear  interest  at  the  rate  of  five  per  centum  per  annum,  paya.Je 
semiannually  on  the  first  day  of  January  and  July  of  each  year.  They  shall 
be  negotiable  in  form,  and  shall  be  of  denominations  of  not  less  than  one  hun- 
dred dollars  nor  more  than  five  hundred  dollars.  Said  bonds  shall  in  ail 
respects  conform  to  the  form  of  bonds  prescribed  hereinbefore. 

§  36.  It  shall  be  unlawful  to  sell  or  exchange  any  of  the  bonds  as  herein 
provided  for  less  than  their  par  value. 

§  37.  When  bonds  issued  under  section  thirty-five  of  this  act  shall  be  duly 
executed,  they  shall  be  deposited  with  the  treasurer  of  the  county  wherein 
the  district  Avas  organized,  who  is  hereby  authorized  and  charged  with  the 
duty  of  receiving  the  same,  and  his  receipt  shall  be  taken  therefor,  and  he 
shall  be  charged  with  the  same  on  his  official  bond,  and  shall  have  no  power 
to  deliver  the  same  in  exchange  for  any  bonds  or  indebtedness  proposed  to 
be  funded  until  the  bonds  or  evidence  of  indebtedness  proposed  to  be  funded 
shall  have  been  surrendered  to  him,  and  he  shall  have  been  ordered  by  the 
board  of  directors  of  the  district,  by  an  order  duly  entered  on  their  records 
to  make  such  delivery.  When  such  bonds  have  been  exchanged  for  other 
bonds,  coupons,  or  other  evidences  of  indebtedness,  the  said  treasurer  shall 
at  once  cancel  such  other  bonds,  coupons,  or  other  evidences  of  indebtedness 
by  writing  across  the  face  thereof  "Canceled"  and  the  date  of  cancelation, 
and  report  the  same  with  his  next  regular  report  hereinafter  provided  for 
to  the  board  of  directors  of  the  district  designating  the  bond,  coupon,  or 
other  evidence  of  indebtedness,  so  that  it  can  be  identified,  the  date  of  can- 
celation, and  the  person  from  whom  it  was  received,  together  with  the  amount 
paid  therefor,  or  the  terms  of  exchange,  in  case  there  is  an  exchange. 

§  38.  When  said  bonds  are  issued  for  the  purpose  of  sale  to  the  highest 
bidder,  the  board  may  sell  said  bonds  from  time  to  time,  in  such  quantities  as 
may  be  necessary  and  most  advantageous,  to  raise  money  to  pay  bonds, 
coupons,  or  other  evidences  of  indebtedness  of  the  district  which  were  out- 
standing at  the  time  of  the  filing  of  said  petition,  and  generally  described 
therein.  Resolution  of  intention  must  be  declared,  and  notice  given,  and 
the  sale  conducted  in  the  manner  prescribed  in  section  twenty-nine  of  this  act 
for  the  sale  of  original  bonds.  Said  bonds  shall  in  no  event  be  sold  for  less 
than  their  par  value  including  accrued  interest.  All  moneys  realized  from 
the  sale  of  bonds,  issued  under  the  provisions  of  this  section,  shall  be  paid 
into  the  hands  of  the  said  treasurer,  and  by  him  kept  in  a  separate  fund,  known 
as  the  funding  fund,  and  shall  be  applied  exclusively  to  the  payment  of  bonds, 
coupons,  or  other  evidences  of  indebtedness  of  the  district  outstanding  at  the 
time  of  filing  of  the  said  petition,  and  described  therein. 

§  39.  The  bonds  issued  as  herein  provided  for  may  be  exchanged,  at  not 
less  than  their  par  value,  including  accrued  interest,  for  any  of  the  indebted- 
ness set  out  and  described  in  the  notice  of  the  election  authorizing  the  issu- 

Gen.    Laws — 26 


402  ESTIMATE    OF    MONEY    NEEDED— LEVYING    TAX. 

ance  of  said  refunding  bond.  A  contract  for  such  exchange  may  be  made 
by  the  board  of  directors  upon  such  terms  as  said  board  may  deem  advisable ; 
provided,  that  they  must  receive  not  less  than  par  value  for  the  bonds  so 
exchanged. 

§  40.  The  board  of  directors  must,  on  or  before  the  first  meeting  of  the 
board  of  supervisors  in  September  of  each  year,  furnish  the  supervisors  and 
the  auditor  of  the  county  wherein  the  district  is  situated,  or  if  such  district 
is  not  entirely  within  one  county,  then  as  hereinafter  provided,  to  the  super- 
visors and  auditors  of  each  county  in  which  any  portion  of  the  district  is 
situated,  an  estimate  in  writing  of  the  amount  of  money  needed  for  the  pur- 
poses of  the  district  for  the  ensuing  fiscal  year.  This  amount  must  be  suffi- 
cient to  raise  the  annual  interest  on  the  outstanding  bonds,  to  pay  the  estimated 
cost  of  repairs,  the  incidental  expenses  of  the  district,  and  in  any  year  in 
which  any  bonds  shall  fall  due,  an  amount  sufficient  to  pay  the  principal  of 
the  outstanding  bonds  as  they  mature. 

§  41.  If  such  district  is  in  more  than  one  county  the  total  estimate  as 
provided  for  in  the  preceding  section  shall  be  divided  by  the  board  of 
directors  in  proportion  to  value  of  the  real  property  of  the  district  in  each 
county.  This  value  must  be  determined  from  the  equalized  values  of  the 
last  assessment  rolls  of  such  counties.  When  such  division  of  the  estimate 
has  been  made,  the  board  shall  furnish  the  supervisors  and  auditors  of  the 
respective  counties  a  written  statement  of  that  part  of  the  estimate  appor- 
tioned to  that  county. 

§  42.  The  board  of  supervisors  of  each  county  wherein  is  situated  a  district 
or  any  part  thereof  organized  under  the  provisions  of  this  act,  must,  annually, 

at  the  time  of  levying  county  taxes,  levy  a  tax  to  be  known  as  the  " 

(name  of  district)  drainage  district  tax,"  sufficient  to  raise  an  amount 
reported  to  them  as  herein  provided,  by  the  board  of  directors.  The  super- 
visors must  determine  the  rate  of  such  tax  by  deducting  fifteen  per  centum 
for  anticipated  delinquencies  from  the  total  assessed  value  of  the  real  property 
of  the  district  within  the  county  as  it  appears  on  the  asssessment  roll  of  the 
county,  and  then  dividing  the  sum  reported  by  the  board  of  directors  as 
required  to  be  raised  by  the  remainder  of  such  total  assessed  value. 

§  43.  The  tax  so  levied  shall  be  computed  and  entered  on  the  assessment 
roll  by  the  county  auditor,  and  if  the  supervisors  fail  to  levy  the  tax  as  pro- 
vided in  the  preceding  section,  then  the  auditor  must  do  so.  Such  tax  shall 
be  collected  at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes,  and  when  collected  shall  be  paid  into  the  county  treasury  for  the  use 
of  said  district. 

§  44.  The  provisions  of  the  Political  Code  of  this  state  prescribing  the 
manner  of  levying  and  collecting  taxes  and  the  duties  of  the  several  county 
officers  with  respect  thereto,  are,  so  far  as  they  are  applicable  and  not  in 
conflict  with  the  specific  provisions  of  this  act,  hereby  adopted  and  made  a 
part  hereof.  Such  of^cers  shall  be  liable  upon  their  several  official  bonds  for  the 
faithful  discharge  of  the  duties  imposed  upon  them  by  this  act. 

§  45.  If  the  district  is  in  more  than  one  county,  the  treasury  of  the  county 
wherein  the  district  was  organized  shall  be  the  repository  of  all  the  funds 


PAYING    OUT    ON    WARRANT— BIDS    FOR    CONSTRUCTION.  403 

of  the  district.  For  this  purpose  the  treasurers  of  any  other  counties  wherein 
is  situated  a  portion  of  said  district,  must,  at  any  time,  not  oftener  than  twice 
each  year,  upon  the  order  of  the  board  of  directors,  settle  with  said  board 
and  pay  over  to  the  treasurer  of  the  county  where  the  district  was  organized, 
ail  moneys  in  their  possession  belonging  to  the  district.  Said  last-named 
treasurer  is  authorized  and  required  to  receive  and  receipt  for  the  same,  and 
to  place  the  same  to  the  credit  of  the  district.  He  shall  be  responsible  upon 
his  official  bond  for  the  safe-keeping  and  disbursement,  in  the  manner  herein 
provided,  of  these  and  all  other  moneys  of  the  district  held  by  him. 

§  46.  The  following  funds  are  hereby  created  and  established,  to  which 
the  moneys  properly  belonging  shall  be  apportioned  by  the  treasurer,  to  wit: 
Bond  fund,  construction  fund,  general  fund,  funding  fund. 

§  47.  The  treasurer  shall  pay  out  of  the  same  only  upon  warrants  of  the 
■  board  of  directors,  signed  by  the  president  and  attested  by  the  secretary. 
The  treasurer  shall  report  in  writing  at  each  regular  meeting  of  the  board 
of  directors  and  as  often  thereafter  as  requested  by  the  board,  the  amount 
of  money  in  the  fund,  the  amount  of  receipts  since  his  last  report,  and  the 
amounts  paid  out;  such  reports  shall  be  verified  and  filed  with  the  secretary 
of  the  board. 

§  48.  Upon  the  presentation  of  the  coupons  due,  to  the  treasurer,  he  shall 
pay  the  same  from  the  bond  fund.  Whenever  said  fund  shall  amount  to  the 
sum  of  ten  thousand  dollars  in  excess  of  an  amount  sufficient  to  meet  the 
interest  coupons  due,  the  board  of  directors  may  direct  the  treasurer  to  pay 
such  an  amount  of  said  bonds  not  due  as  the  money  in  said  fund  will  redeem, 
at  the  lowest  value  at  which  they  may  be  offered  for  liquidation,  after  adver- 
tising in  the  manner  hereinbefore  provided  for  the  sale  of  bonds,  for  sealed 
proposals  for  the  redemption  of  said  bonds.  Said  proposals  shall  be  opened 
by  the  board  in  open  meeting,  at  a  time  to  be  named  in  the  notice,  and  the 
lowest  bid  for  said  bonds  must  be  accepted;  provided,  that  no  bond  shall  be 
redeemed  at  a  rate  above  par.  In  case  the  bids  are  equal,  the  lowest  num- 
bered bond  shall  have  the  preference.  In  case  none  of  the  holders  of  said 
bonds  shall  desire  to  have  the  same  redeemed,  as  herein  provided  for,  said 
money  shall  be  invested  by  the  treasurer,  under  the  direction  of  the  board, 
in  United  States  bonds,  or  the  bonds  of  the  state,  which  shall  be  kept  in  said 
"bond  fund"  and  may  be  used  to  redeem  said  district  bonds  whenever  the 
holders  thereof  may  desire. 

§  49.  After  adopting  a  plan  for  such  conduits,  drains,  pumping  plants, 
water-gates  and  other  works,  as  in  this  act  provided  for,  the  board  of  directors 
shall  give  notice  by  publication  thereof  not  less  than  twenty  days  in  one 
newspaper  published  in  each  of  the  counties  composing  the  district  (pro- 
vided, a  newspaper  is  published  therein)  and  in  such  other  newspapers  as 
they  may  deem  advisable,  calling  for  bids  for  the  construction  of  such  work, 
or  of  any  portion  thereof;  if  less  than  the  whole  work  is  advertised,  then  the 
portion  so  advertised  must  be  particularly  described  in  such  notice.  Said 
notice  shall  set  forth  that  plans  and  specifications  can  be  seen  at  the  office 
of  the  board,  and  that  the  board  will  receive  sealed  proposals  therefor,  and 
that  the  contract  will  be  let  to  the  lowest  responsible  bidder,  stating  the 


404  ALLOWANCE    OF    CLAIMS— POWERS    IN    CONSTRUCTION. 

time  and  place  for  opening  said  proposals,  which,  at  the  time  and  place  ap- 
pointed shall  be  opened  in  public ;  and  as  soon  as  convenient  thereafter  the 
board  shall  let  said  work,  whether  in  portions  or  as  a  whole,  to  the  lowest 
responsible  bidder;  or  they  may  reject  any  or  all  bids  and  readvertise  for 
proposals,  or  may  proceed  to  construct  the  work  under  their  own  superin- 
tendence. Contracts  for  the  purchase  of  material  shall  be  awarded  to  the 
lowest  responsible  bidder.  Any  person  or  persons  to  whom  a  contract  may 
be  awarded  shall  enter  into  a  bond,  with  good  and  sufficient  sureties,  to  be 
approved  by  the  board,  payable  to  said  district  for  its  use  for  fifty  per  centum 
of  the  amount  of  the  contract  price,  conditioned  for  the  faithful  performance 
of  said  contract.  The  work  shall  be  done  under  the  direction  and  to  the 
satisfaction  of  the  engineer,  and  be  approved  by  the  board. 

§  50.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by  the  board, 
and  only  upon  a  warrant  signed  by  the  president,  and  countersigned  by  the 
secretary. 

§  51.  The  cost  and  expense  of  purchasing  and  acquiring  property  and 
constructing  the  works  and  improvements  herein  provided  for,  shall  be  wholly 
paid  out  of  the  construction  fund. 

§  52.  The  board  of  directors  shall  have  power  to  construct  the  works 
necessary  for  drainage  purposes  across  any  stream  of  water,  watercourse, 
street,  avenue,  highway,  railway,  canal,  ditch,  or  flume  which  the  route  of 
said  conduits  or  drains  may  intersect  or  cross,  in  such  manner  as  to  afford 
security  for  life  and  property;  but  said  board  shall  restore  the  same,  when 
so  crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or  in  such 
manner  as  not  to  have  impaired  unnecessarily  its  usefulness;  and  every  com- 
pany whose  railroad,  and  the  board  of  supervisors,  where  any  public  highway 
shall  be  intersected  or  crossed  by  said  works,  shall  unite  with  said  board  in 
forming  said  intersections  and  crossings,  and  grant  the  privileges  aforesaid; 
and  if  such  railroad  company,  or  said  board  of  supervisors,  or  the  owners 
and  controllers  of  said  property,  thing,  or  franchise  so  to  be  crossed,  and 
said  board  cannot  agree  upon  the  amount  to  be  paid  therefor,  or  the  points 
or  the  manner  of  said  crossings  or  intersections,  the  same  shall  be  ascer- 
tained and  determined  in  all  respects  as  is  herein  provided  in  respect  to  the 
taking  of  property  by  condemnation.  The  right  of  way  is  hereby  given,  dedi- 
cated, and  set  apart,  to  locate,  construct  and  maintain  said  works  over 
and  through  any  of  the  lands  which  are  now  or  may  be  the  property  of  this 
state. 

§  53.  Each  member  of  the  board  of  directors  shall  receive  three  dollars  per 
day  for  each  day's  attendance  at  the  meetings  of  the  board,  and  actual  and 
necessary  expenses  while  engaged  in  official  business  under  the  order  of  the 
board. 

§  54.  No  director  or  any  other  officer  named  in  this  act  shall  in  any  man- 
ner be  interested,  directly  or  indirectly  in  any  contract  awarded  or  to  be 
awarded  by  the  board,  or  in  the  profits  to  be  derived  therefrom;  and  for 
any  violation  of  this  provision,  such  officer  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  such  conviction  shall  work  a  forfeiture  of  his  office,  and  he 
shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars  or  by  im- 


CALLING    SPECIAL    ELECTION — INCURRING    DEBTS.  405 

prisonment  in  the  county  jail  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment. 

§  55.  The  board  of  directors  may  at  any  time,  when  in  their  judgment  it 
may  be  deemed  advisable  call  a  special  election  and  submit  to  the  qualified 
electors  of  the  district  the  question,  whether  or  not  a  special  assessment  shall 
be  levied  for  the  purpose  of  raising  money  to  be  applied  to  any  of  the  pur- 
poses provided  in  this  act.  Such  election  must  be  called  upon  the  notice 
prescribed  and  the  same  shall  be  held  and  the  result  thereof  determined  and 
declared  in  all  respects  in  conformity  with  the  provisions  of  section  twenty- 
seven  of  this  act.  The  notice  must  specify  the  amount  of  money  proposed 
to  be  raised  and  the  purpose  for  which  it  is  intended  to  be  used.  At  such 
elections  the  ballots  shall  contain  the  Avords  "Assessment — Yes"  or  "Assess- 
ment— No."  If  two  thirds  or  more  of  the  votes  cast  are  "Assessment — Yes," 
the  board  shall  proceed  in  the  manner  hereinbefore  prescribed  for  rais- 
ing the  annual  funds  by  taxation.  When  collected,  the  money  shall  be  paid 
into  the  district  treasury  for  the  purposes  specified  in  the  notice  of  such 
special  election. 

§  56.  The  board  of  directors  shall  have  no  power  to  incur  any  debt  or 
liability  whatever,  either  by  issuing  bonds  or  otherwise,  in  excess  of  the 
express  provisions  of  this  act;  and  any  debt  or  liability  incurred  in  excess 
of  such  express  provisions  shall  be  and  remain  absolutely  void;  except  for 
the  purposes  of  organization,  or  for  any  of  the  purposes  of  this  act,  the  board  of 
directors  may,  before  the  collection  of  the  first  assessment,  incur  an  indebted- 
ness not  exceeding  in  the  aggregate  the  sum  of  two  thousand  dollars,  and  may 
cause  warrants  of  the  district  to  issue  therefor,  bearing  interest  at  seven  per 
centum  per  annum. 

§  57.  The  rights  of  way,  ditches,  drains,  conduits,  flumes,  pipe-lines,  dams, 
reservoirs,  pumping  plants,  and  other  property  of  like  character  belonging 
to  any  drainage  district  shall  not  be  taxed  for  state  and  county  or  municipal 
purposes. 

§  58.  The  board  of  directors  shall  within  thirty  days  after  the  issue  of  any 
bonds  herein  provided  for  bring  an  action  in  the  superior  court  of  the  county 
wherein  is  located  the  office  of  such  board,  to  determine  the  validity  of  any 
such  bonds.  Such  action  shall  be  in  the  nature  of  a  proceeding  in  rem,  and 
jurisdiction  of  all  parties  interested  may  be  had  by  publication  of  summons 
for  at  least  once  a  week  for  three  weeks  in  some  paper  of  general  circulation 
published  in  the  county  where  the  action  is  pending,  such  paper  to  be  desig- 
nated by  the  court  having  jurisdiction  of  the  proceedings.  Jurisdiction  shall 
be  complete  within  thirty  days  after  the  full  publication  of  such  summons 
in  the  manner  herein  provided.  Any  one  interested  may,  at  any  time  before 
the  expiration  of  said  thirty  days,  appear  and  by  proper  proceedings  contest 
the  validity  of  such  bonds,  and  may  in  the  same  action  or  proceeding  con- 
test the  validity  of  any  bonds,  coupons,  or  other  evidences  of  indebtedness  re- 
ferred to  in  the  petition  for  funding  and  proposed  to  be  funded,  and  if  any 
such  bonds,  coupons,  or  evidences  of  indebtedness  be  shown  to  be  invalid,  then 
the  same  shall  only  be  funded  for  the  amount  of  such  proportion  thereof 
as  equals  the  fair  and  reasonable  value  of  whatever  the  district  may  have 


406  VALIDITY    OF    BONDS— SUIT    TO    DETERMINE. 

received  in  consideration  therefor,  together  with  unpaid  interest  thereon, 
and  the  amount  of  such  proportion  shall  be  determined  and  adjudicated  by 
the  court  in  said  action  or  proceeding.  Such  action  shall  be  speedily  tried 
and  judgment  rendered  declaring  such  bonds  so  contested  either  valid  or 
invalid.  Either  party  shall  have  the  right  to  appeal  at  any  time  within 
thirty  days  after  the  entry  of  such  judgment,  which  appeal  must  be  heard 
and  determined  within  three  months  from  the  time  of  taking  such  appeal. 

§  59.  If  no  such  proceeding  shall  have  been  taken  by  the  board  of  directors, 
then  at  any  time  after  thirty  days  and  within  ninety  days  after  the  issue 
of  any  bonds  under  the  provisions  of  this  act,  any  district  assessment  payer 
may  bring  an  action  in  the  superior  court  of  the  county  wherein  the  office  of 
the  board  of  directors  is  located,  to  determine  the  validity  of  any  such  bonds. 
The  board  of  directors  shall  be  made  parties  defendant  and  service  of  sum- 
mons shall  be  made  on  the  members  of  the  board  personally,  if  they  can  be 
found  within  the  state;  if  not,  then  by  publication  for  three  weeks  in  some 
newspaper  of  general  circulation  within  the  county  wherein  the  office  of  the 
board  of  directors  is  located,  such  newspaper  to  be  designated  by  the  court 
having  jurisdiction.  Before  such  publication  can  be  had,  an  affidavit,  in  the 
usual  form  shall  be  made,  showing  such  facts.  Said  board  shall  have  the 
right  to  appear  and  contest  such  action.  Notice  of  said  action  shall  be  given 
by  publication  of  smiimons  therein  in  the  same  manner  and  for  the  same 
time  as  required  in  the  preceding  section  hereof  in  actions  brought  by  the 
publication  of  such  summons  in  the  manner  herein  provided.  Any  district 
assessment  payer  or  any  one  interested  may  appear  and  defend  said  action, 
and  thereafter  the  same  proceedings  shall  be  had  in  such  action  as  are  here- 
inbefore provided  for  in  the  preceding  section  hereof  in  actions  brought  by 
the  board  of  directors,  and  the  same  matters  determined  and  adjudicated  by 
the  court  therein.  Such  action  shall  be  speedily  tried,  with  the  right  of  appeal 
to  either  party,  within  the  time  and  manner  herein  provided  for  the  bringing 
of  actions  by  the  board  to  determine  such  matters.  Such  appeal  shall  be 
heard  and  determined  within  three  months  from  the  time  of  taking  such  appeal. 

§  60.  At  the  hearing  of  such  proceedings  the  court  shall  hear  and  determine 
the  sufficiency  of  all  proceedings. 

§  61.  If  more  than  one  action  shall  be  pending  at  the  same  time  concerning 
similar  contests  in  this  act  provided  for,  they  shall  be  consolidated  and  tried 
together. 

§  62.  The  court  hearing  any  of  the  contests  herein  provided  for,  in  inquiring 
into  the  regularity,  legality,  or  correctness  of  such  proceedings,  must  disregard 
any  error,  irregularity  or  omission  which  does  not  affect  the  substantial  rights  of 
the  parties  to  said  action  or  proceeding.  The  rules  of  pleading  and  practice  pro- 
vided by  the  Code  of  Civil  Procedure,  which  are  not  inconsistent  with  the  pro- 
visions of  this  act,  are  applicable  to  all  actions  or  proceedings  herein  provided 
for.  The  costs  of  any  hearing  or  contest  herein  provided  for  may  be  allowed 
and  apportioned  between  the  parties  or  attached  to  the  losing  party,  in  the 
discretion  of  the  court. 

§  63.  No  contest  of  any  matter  or  thing  herein  provided  for  shall  be  made 
other  than  within  the  time  and  manner  herein  specified. 


BOUJMOARiKS    OF   DISTRICT— NOTICE    OF    PETITION.  407 

§  64.  The  boundaries  of  any  drainage  district  now  organized  or  hereafter 
organized  under  the  provisions  of  this  act,  may  be  changed,  and  tracts  of  land 
which  were  included  within  the  boundaries  of  such  district  at  or  after  its  organi- 
zation under  the  provisions  of  this  act,  may  be  excluded  therefrom,  in  the  manner 
herein  prescribed;  but  neither  such  change  of  the  boundaries  of  the  districts  nor 
such  exclusion  of  lands  from  the  district  shall  impair  or  affect  its  organization, 
or  its  right  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatever  kind 
or  nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation,  lien, 
or  charge  for  or  upon  which  said  district  was  or  may  become  liable  or  chargeable, 
had  said  change  of  its  boundaries  not  been  made,  or  had  not  such  land  been 
excluded  from  the  district, 

§  65.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land  which  consti- 
tute a  portion  of  a  drainage  district,  may,  jointly  or  severally,  file  with  the  board 
of  directors  of  the  district  a  petition,  praying  that  such  tract  or  tracts,  and  any 
other  tracts  contiguous  thereto,  may  be  excluded  and  taken  from  said  district. 
The  petition  shall  state  the  grounds  and  reasons  upon  which  it  is  claimed  that 
such  lands  should  be  excluded,  and  shall  describe  the  boundaries  thereof,  and  also 
the  lands  of  such  petitioner,  or  petitioners  which  are  included  within  such 
boundaries ;  but  the  description  of  such  lands  need  not  be  more  particular  or 
certain  than  is  required  when  the  lands  are  entered  in  the  assessment  book  by 
the  county  assessor.  Such  petition  must  be  acknowledged  in  the  same  manner 
and  form  as  is  required  in  the  case  of  a  conveyance  of  land,  and  the  acknowl- 
edgment shall  have  the  same  force  and  effect  as  evidence  as  the  acknowledg- 
ment of  such  a  conveyance. 

§  66.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of  the  filing 
ef  such  petition  to  be  published  for  at  least  two  weeks  in  some  newspaper  pub- 
lished in  the  county  where  the  office  of  the  board  of  directors  is  situated,  and  if 
any  portion  of  such  territory  to  be  excluded  lie  within  another  county  or  coun- 
ties, then  said  notice  shall  be  so  published  in  a  newspaper  published  within  each 
of  said  counties ;  or,  if  no  newspaper  be  published  therein,  then  by  posting  such 
notice  for  the  same  time  in  at  least  three  public  places  in  said  district,  and  in  case 
of  the  posting  of  said  notices,  one  of  said  notices  must  be  so  posted  on  the  lands 
proposed  to  be  excluded.  The  notice  shall  state  the  filing  of  such  petition,  the 
names  of  the  petitioners,  a  description  of  the  lands  mentioned  in  said  petition, ' 
and  the  prayer  of  said  petition ;  and  it  shall  notify  all  persons  interested  in,  or 
who  may  be  affected  by  such  change  of  the  boundaries  of  the  district,  to  appear 
at  the  office  of  said  board  at  a  time  named  in  said  notice,  and  show  cause,  in  writ- 
ing, if  any  they  have,  why  the  change  of  the  boundaries  of  said  district,  as  pro- 
posed in  said  petition,  should  not  be  made.  The  time  to  be  specified  in  the  notice 
at  which  they  shall  be  required  to  show  cause  shall  be  the  regular  meeting  of  the 
board  next  after  the  expiration  of  the  time  for  the  publication  of  the  notice. 

§  67.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  notice, 
or  at  the  time  or  times  to  which  the  hearing  of  said  petition  may  be  adjourned, 
shall  proceed  to  hear  the  petition,  and  all  evidence  of  proofs  that  may  or  shall 
be  introduced  by  or  on  behalf  of  the  petitioner  or  petitioners,  and  all  objections 
to  such  petition  that  may  or  shall  be  presented  in  writing  by  any  person  showing 
cause  as  aforesaid,  and  all  evidence  and  proofs  that  may  be  introduced  in  sup- 
port of  such  objections.     Such  evidence  shall  be  taken  down,  in  shorthand,  and 


408  HEARING     ON     PETITION — ASSENT     OF     BONDHOLDERS. 

a  record  made  thereof  and  filed  with  the  board.  The  failure  of  any  person  inter- 
ested in  said  district,  other  than  the  holders  of  bonds  thereof  outstanding  at  the 
time  of  the  filing  of  said  petition  with  said  board,  to  show  cause,  in  writing,  why 
the  tract  or  tracts  of  land  mentioned  in  said  petition  should  not  be  excluded 
from  said  district,  shall  be  deemed  and  taken  as  an  assent  by  him  to  the  exclu- 
sion of  such  tract  or  tracts  of  land,  or  any  part  thereof,  from  said  district ;  and 
the  filing  of  such  petition  with  said  board,  as  aforasaid,  shall  be  deemed  and 
taken  as  an  assent  by  each  and  all  of  such  petitioners  to  the  exclusion  from  such 
district  of  the  lands  mentioned  in  the  petition,  or  any  part  thereof.  The  expenses 
of  giving  said  notice  and  of  the  aforesaid  proceedings  shall  be  paid  by  the  person 
or  persons  filing  such  petition. 

§  68.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs  in  sup- 
port thereof  be  introduced,  or  if  the  evidence  fail  to  sustain  said  petition,  or  if 
the  board  deem  it  not  for  the  best  interests  of  the  district  that  the  lands,  or  some 
portion  thereof,  mentioned  in  the  petition,  should  be  excluded  from  the  district, 
the  board  shall  order  that  said  petition  be  denied  as  to  such  lands ;  but  if  the  said 
board  deem  it  for  the  best  interests  of  the  district  that  the  lands  mentioned  in 
the  petition,  or  some  portion  thereof,  be  excluded  from  the  district,  and  if  no 
person  interested  in  the  district  show  cause  in  writing,  why  the  said  lands,  or 
some  portion  thereof,  should  not  be  excluded  from  the  district,  or  if,  having 
shown  cause,  withdraws  the  same,  or  upon  the  hearing  fails  to  establish  such 
objections  as  he  may  have  made,  then  it  shall  be  the  duty  of  the  board  to,  and  it 
shall  forthwith,  make  an  order  that  the  lands  mentioned  and  described  in  the 
petition,  or  some  defined  portion  thereof,  be  excluded  from  said  district. 

§  69.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of  the  filing  of 
said  petition,  the  holders  of  such  outstanding  bonds  may  give  their  assent,  in 
writing,  to  the  effect  that  they  severally  consent  that  the  lands  mentioned  in 
the  petition,  or  such  portion  thereof  as  may  be  excluded  from  said  district  by 
order  of  said  board,  may  be  excluded  from  the  district ;  and  if  said  lands,  or  any 
portion  thereof,  be  thereafter  excluded  from  the  district,  the  lands  so  excluded 
shall  be  released  from  the  lien  of  such  outstanding  bonds.  The  assent  must  be 
acknowledged  by  the  several  holders  of  such  bonds  in  the  same  manner  and  form 
as  is  required  in  case  of  a  conveyance  of  land,  and  the  acknowledgment  shall  have 
the  same  force  and  effect  as  evidence  as  the  acknowledgment  of  such  conveyance. 
The  assent  shall  be  filed  with  the  board,  and  must  be  recorded  in  the  minutes  of 
the  board ;  and  said  minutes,  or  a  copy  thereof,  certified  by  the  secretary  of  said 
board,  shall  be  admissible  in  evidence,  with  the  same  effect  as  the  said  assent, 
and  such  certified  copy  thereof  may  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  wherein  said  lands  are  situated. 

§  70.  In  the  event  the  said  board  of  directors  shall  exclude  any  lands  from 
said  district  upon  petition  therefor,  it  shall  be  the  duty  of  the  board  of  directors 
to  make  an  entry  in  the  minutes  of  the  board,  describing  the  boundaries  of  the 
district,  should  the  exclusion  of  said  lands  from  said  district  change  the  bound- 
aries of  said  district,  and  for  that  purpose  the  board  may  cause  a  survey  to  be^ 
made  of  such  portions  of  the  district  as  the  board  may  deem  necessary;  and  a 
certified  copy  of  the  entry  in  the  minutes  of  the  board  excluding  any  land,  certi- 
fied by  the  president  and  secretary  of  the  board,  shall  be  filed  for  record  in  the 
recorder's  office  of  each  county  within  which  are  situated  any  of  the  land  of  the 


EXCLUDING    LANDS — RELEASING    LIEN    ON    LANDS.  409 

district ;  but  said  district,  notwithstanding  such  exclusion,  shall  be  and  remain  a 
drainage  district  as  fully  to  every  intent  and  purpose  as  it  would  be  had  no 
change  been  made  in  the  boundaries  of  the  district,  or  had  the  lands  excluded 
therefrom  never  constituted  a  portion  of  the  district. 

§  71.  If  the  lands  excluded  from  any  district  under  this  act  shall  embrace 
the  greater  portion  of  any  division  or  divisions  of  such  district,  then  the  office  of 
director  for  such  division  or  divisions  shall  become  and  be  vacant  at  the  expira- 
tion of  ten  days  from  the  final  order  of  the  board  excluding  said  lands ;  and  such 
vacancy  or  vacancies  shall  be  filled  by  appointment  by  the  board  of  supervisors 
of  the  county  where  the  office  of  such  board  is  situated,  from  the  district  at  large. 
A  director  appointed  as  above  provided,  shall  hold  his  office  until  the  next  regu- 
lar election  for  said  district,  and  until  his  successor  is  elected  and  qualified. 

§  72.  At  least  thirty  days  before  the  next  general  election  of  such  district,  the 
board  of  directors  thereof  shall  make  an  order  dividing  said  district  into  three  or 
five  divisions,  as  the  case  may  require,  as  nearly  equal  in  size  as  may  be  prac- 
ticable, which  shall  be  numbered  first,  second,  third  and  so  on,  and  one  director 
shall  be  elected  by  each  division.  For  the  purposes  of  elections  in  such  district, 
the  said  board  of  directors  must  establish  a  convenient  number  of  election  pre- 
cincts, and  define  the  boundaries  thereof,  which  said  precincts  may  be  changed 
from  time  to  time,  as  the  board  of  directors  may  deem  necessary. 

§  73.  A  guardian,  an  executor,  or  an  administrator  of  an  estate,  who  is 
appointed  as  such  under  the  laws  of  this  state,  and  who  as  such  guardian,  execu- 
tor, or  administrator,  is  entitled  to  the  possession  of  the  lands  belonging  to  the 
estate  which  he  represents,  may  on  behalf  of  his  ward,  or  the  estate  w^hich  he 
represents,  upon  being  thereto  properly  authorized  by  the  proper  court,  sign  and 
acknowledge  the  petition  in  section  sixty-five  of  this  act  mentioned,  and  may 
show  cause,  as  herein  provided,  why  the  boundaries  of  the  district  should  not  be 
changed. 

§  74.  Nothing  herein  provided  shall  in  any  manner,  operate  to  release  any  of 
the  lands  so  excluded  from  the  district  from  any  obligation  to  pay,  or  any  lien 
thereon,  of  any  valid  outstanding  bonds  or  other  indebtedness  of  said  district  at 
the  time  of  the  filing  of  said  petition  for  the  exclusion  of  said  lands,  but  upon  the 
contrary,  said  lands  shall  be  held  subject  to  said  lien,  and  answerable  and  ch-arge- 
able  for  and  with  the  payment  and  discharge  of  all  of  said  outstanding  obliga- 
tions at  the  time  of  the  filing  of  the  petition  for  the  exclusion  of  said  land,  as 
fully  as  though  said  petition  for  such  exclusion  were  never  filed  and  said  order 
of  exclusion  never  made;  and  for  the  purpose  of  discharging  such  outstanding 
indebtedness,  said  lands  so  excluded  shall  be  deemed  and  considered  as  part  of 
said  drainage  district  the  same  as  though  said  petition  for  its  exclusion  had 
never  been  filed  or  said  order  of  exclusion  never  made ;  and  all  provisions  which 
may  have  been  resorted  to  to  compel  the  payment  by  said  lands  of  its  quota  or 
portion  of  said  outstanding  obligations,  had  said  exclusion  never  been  accom- 
plished, may,  notwithstanding  said  exclusion,  be  resorted  to  to  compel  and 
enforce  the  payment  on  the  part  of  said  lands  of  its  quota  and  portion  of  said 
outstanding  obligations  of  said  drainage  district  for  which  it  is  liable,  as  herein 
provided.  But  said  land  so  excluded  shall  not  be  held  an.swerable  or  chargeable 
for  any  obligation  of  any  nature  or  kind  whatever,  incurred  after  the  filing  with 


410  PETITION  FOR  CHANGE  OF  BOUNDARIES — NOTICE  AND  HEARING. 

the  board  of  directors  of  said  district  of  the  petition  for  the  exchision  of  said 
lands  from  the  said  district;  provided,  that  the  provisions  of  this  section  shall 
not  apply  to  any  outstanding  bonds,  the  holders  of  which  have  assented  to  the 
exclusion  of  such  lands  from  said  district,  as  hereinbefore  provided. 

§  75.  The  boundaries  of  any  drainage  district  now  organized  or  hereafter 
organized  under  the  provisions  of  this  act  may  be  changed  in  the  manner  herein 
prescribed,  but  such  change  of  the  boundaries  of  the  district  shall  not  impair  or 
affect  its  organization,  or  its  rights  in  or  to  property,  or  any  of  its  rights  or 
privileges  of  whatsoever  kind  or  nature ;  nor  shall  it  affect,  impair,  or  discharge 
any  contract,  obligation,  lien  or  charge  for  or  upon  which  it  was  or  might  become 
liable  or  chargeable,  had  such  change  of  its  boundaries  not  been  made. 

§  76.  The  holder  or  holders  of  title,  or  evidence  of  title,  representing  one  half 
or  more  of  any  body  of  lands  adjacent  to  the  boundary  of  a  drainage  district, 
which  are  contiguous  and  which  taken  together,  constitute  one  tract  of  land,  may 
file  with  the  board  of  directors  of  said  district  a  petition,  in  writing,  praying 
that  the  boundaries  of  said  district  may  be  so  changed  as  to  include  therein  said 
lands.  The  petition  shall  describe  the  boundaries  of  said  parcel  or  tract  of  land, 
and  shall  also  describe  the  boundaries  of  the  several  parcels  owned  by  the  peti- 
tioners, if  the  petitioners  be  the  owners,  respectively,  of  distinct  parcels,  but  such 
descriptions  need  not  be  more  particular  than  they  are  required  to  be  when  such 
lands  are  entered  by  the  county  assessor  in  the  assessment  book.  Such  petition 
must  contain  the  assent  of  the  petitioners  to  the  inclusion  within  said  district  of 
the  parcels  or  tracts  of  land  described  in  the  petition,  and  of  which  said  petition 
alleges  they  are,  respectively,  the  owners;  and  it  must  be  acknowledged  in  the 
same  manner  that  conveyances  of  land  are  required  to  be  acknowledged. 

§  77.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of  the  filing 
of  such  petition  to  be  given  and  published  in  the  same  manner  and  for  the  same 
time  that  notices  of  special  elections  for  the  issue  of  bonds  are  required  by  this 
act  to  be  published.  The  notice  shall  state  the  filing  of  such  petition  and  the 
names  of  the  petitioners,  a  description  of  the  lands  mentioned  in  said  petition, 
and  the  prayer  of  said  petition ;  and  it  shall  notify  all  persons  interested  in,  or 
that  may  be  affected  by  such  change  of  the  boundaries  of  the  district,  to  appear, 
at  the  office  of  said  board,  at  a  time  named  in  said  notice,  and  show  cause  in  writ- 
ing, if  any  they  have,  why  the  change  in  the  boundaries  of  said  district,  as  pro- 
posed in  said  petition,  should  not  be  made.  The  time  to  be  specified  in  the  notice 
at  which  they  shall  be  required  to  show  cause  shall  be  the  regular  meeting  of  the 
board  next  after  the  expiration  of  the  time  for  the  publication  of  the  notice.  The 
petitioners  shall  advance  to  the  secretary  sufficient  money  to  pay  the  estimated 
costs  of  all  proceedings  arising  from  such  petition. 

§  78.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  said 
notice,  or  at  such  other  time  or  times  to  which  the  hearing  of  said  petition  may 
be  adjourned,  shall  proceed  to  hear  the  petition  and  all  the  objections  thereto, 
presented  in  writing  by  any  person  showing  cause  as  aforesaid  why  said  proposed 
change  of  the  boundaries  of  the  district  should  not  be  made.  The  failure  by  any 
person  intere.sted  in  said  district,  or  in  the  matter  of  the  proposed  change  of  its 
boundaries,  to  show  cause,  in  writing,  as  aforesaid,  shall  be  deemed  and  taken  as 
an  assent  on  his  part  to  a  change  of  the  boundaries  of  the  district  as  prayed  for 


COXDITIONAL,   GRAXT    OF   PETITION— RESOLUTION    OF   BOARD.  4H 

in  said  petition,  or  to  such  a  change  thereof  as  will  include  a  part  of  said  lands. 
And  the  filing  of  such  petition  with  said  board,  as  aforesaid,  shall  be  deemed 
and  taken  as  an  assent  on  the  part  of  each  and  all  of  such  petitioners  to  such  a 
change  of  said  boundaries  that  they  may  include  the  whole  or  any  portion  of  the 
lands  described  in  said  petition. 

§  79.  The  board  of  directors  to  whom  such  petition  is  presented,  may  require, 
as  a  condition  precedent  to  the  granting  of  the  same,  that  the  petitioners  shall 
severally  pay  to  such  district  such  respective  sums,  as  nearly  as  the  same  can  be 
estimated  (the  several  amounts  to  be  determined  by  the  board),  as  said  petition- 
ers or  their  grantors  would  have  been  required  to  pay  to  such  district  as  assess- 
ments, had  such  lands  been  included  in  such  district  at  the  time  the  same  was 
originally  formed. 

§  80.  The  board  of  directors,  if  they  deem  it  not  for  the  best  interests  of  the 
district  that  a  change  of  its  boundaries  be  so  made  as  to  include  therein  the  lauds 
mentioned  in  the  petition,  shall  order  that  the  petition  be  rejected.  But  if  they 
deem  it  for  the  best  interests  of  the  district  that  the  boundaries  of  said  district 
be  changed  and  if  no  person  interested  in  said  district  or  the  proposed  change 
of  its  boundaries  shows  cause,  in  writing,  why  the  proposed  change  should  not  be 
made,  or  if,  having  shown  cause,  withdraws  the  same,  the  board  may  order  that 
the  boundaries  of  the  district  be  so  changed  as  to  include  therein  the  lands  men- 
tioned in  said  petition  or  some  part  thereof.  The  order  shall  describe  the  bound- 
aries as  changed,  and  shall  also  describe  the  entire  boundaries  of  the  district  as 
they  will  be  after  the  change  thereof  as  aforesaid  is  made;  and  for  that  purpose 
the  board  may  cause  a  survey  to  be  made  of  such  portions  of  such  boundary  as 
is  deemed  necessary, 

§  81.  If  any  person  interested  in  said  district  of  the  proposed  change  of  its 
boundaries,  shall  show  cause  as  aforesaid  why  such  boundaries  should  not  be 
changed,  and  shall  not  withdraw  the  same,  and  if  the  board  of  directors  deem  it 
for  the  best  interests  of  the  district  that  the  boundaries  thereof  be  so  changed  as 
to  include  therein  the  lands  mentioned  in  the  petition,  or  some  part  thereof,  the 
board  shall  adopt  a  resolution  to  that  effect.  The  resolution  shall  describe  the 
exterior  boundaries  of  the  lands  which  the  board  are  of  the  opinion  should  be 
included  within  the  boundaries  of  the  district  when  changed. 

§  82,  Upon  the  adoption  of  the  resolution  mentioned  in  the  last  preceding 
section,  the  board  shall  order  that  an  election  be  held  within  said  district,  to 
determine  whether  the  boundaries  of  the  district  shall  be  changed  as  mentioned 
in  said  resolution ;  and  shall  fix  the  time  at  which  such  election  .shall  be  held,  and 
cause  notice  thereof  to  be  given  and  published.  Such  notice  shall  be  given  and 
published,  and  such  election  shall  be  held  and  conducted,  the  returns  thereof 
shall  be  made  and  canvassed,  and  the  result  of  the  election  ascertained  and 
declared,  and  all  things  pertaining  thereto  conducted  in  the  manner  prescribed 
by  this  act  in  case  of  a  special  election  to  determine  whether  bonds  of  a  drainage 
district  shall  be  issued.  The  ballots  cast  at  said  election  shall  contain  the  words 
"For  change  of  boundary"  or  "Against  change  of  boundary"  or  w^ords  equiva- 
lent thereto.  The  notice  of  election  shall  describe  the  proposed  change  of  the 
boundaries  in  such  manner  and  terras  that  it  can  readily  be  traced. 

§  83.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said  election  shall 
be  against  such  change  of  the  boundaries  of  the  district,  the  board  shall  order 


412  ORDER    ON    CHANGE    OF    BOUNDARIES — ELECTION,    NOTICE. 

that  said  petition  be  denied,  and  shall  proceed  no  further  in  that  matter.  But 
if  a  majority  of  such  votes  be  in  favor  of  such  change  of  the  boundaries  of  the 
district,  the  board  shall  thereupon  order  that  the  boundaries  be  changed  in 
accordance  with  said  resolution  adopted  by  the  board.  The  said  order  shall 
describe  the  entire  boundaries  of  said  district,  and  for  that  purpose  the  board 
may  cause  a  survey  of  such  portions  thereof  to  be  made  as  the  board  may  deem 
necessary. 

§  84.  Upon  a  change  of  the  boundaries  of  a  district  being  made,  a  copy  of 
the  order  of  the  board  of  directors  ordering  such  change,  certified  by  the  presi- 
dent and  secretary  of  the  board,  shall  be  filed  for  record  in  the  recorder's  office 
of  each  county  within  which  are  situated  any  of  the  lands  of  the  district,  and 
thereupon  the  district  shall  be  and  remain  a  drainage  district,  as  fully,  and  to 
every  intent  and  purpose,  as  if  the  lands  which  are  included  in  the  district  by 
the  change  of  the  boundaries,  as  aforesaid,  had  been  included  therein  at  the 
original  organization  of  the  district. 

§  85.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last  preceding  sec- 
tion mentioned,  the  secretary  shall  record  in  the  minutes  of  the  board  the  peti- 
tion aforesaid ;  and  the  said  minutes,  or  a  certified  copy  thereof,  shall  be 
admissible  in  evidence  with  the  same  effect  as  the  petition. 

§  86.  A  guardian,  an  executor  or  an  administrator  of  an  estate,  who  is 
appointed  as  such  under  the  laws  of  this  state,  and  who,  as  such  guardian,  execu- 
tor or  administrator,  is  entitled  to  the  possession  of  the  lands  belonging  to  the 
estate  which  he  represents,  may,  on  behalf  of  his  ward,  or  the  estate  which  he 
represents,  upon  being  thereunto  authorized  by  the  proper  court,  sign  and 
acknowledge  the  petition  in  section  seventy-six  of  this  act  mentioned  and  may 
show  cause  why  the  boundaries  of  the  district  should  not  be  changed. 

§  87.  In  case  of  the  inclusion  of  any  land  within  any  district  by  proceelings 
under  this  act,  the  board  of  directors,  must,  at  least  thirty  days  prior  to  the  next 
succeeding  general  election,  make  an  order  redividing  such  district,  into  three  or 
five  divisions,  as  the  case  may  require,  as  nearly  equal  in  size  as  may  be  )racti- 
cable,  which  shall  be  numbered  first,  second,  third  and  so  on,  and  one  elector  shall 
thereafter  be  elected  by  each  division.  For  the  purpose  of  elections,  the  board 
of  directors  must  establish  a  convenient  number  of  election  precincts  in  said  dis- 
tricts, and  define  the  boundaries  thereof,  which  said  precincts  may  be  changed 
from  time  to  time  as  the  board  may  deem  necessary. 

§  88.  Whenever  the  board  of  directors  of  a  drainage  district  heretofore  organ- 
ized, or  hereafter  organized  under  the  provisions  of  this  act,  shall  determine  that 
the  authorized  bonded  indebtedness  of  such  drainage  district  is  greater  than  such 
district  is  liable  to  need  to  complete  its  system  as  planned,  and  there  be  no  out- 
standing bonds,  the  board  of  directors  may  call  a  special  election  for  the  pur- 
pose of  voting  upon  a  proposition  to  reduce  such  bonded  indebtedness  to  such 
sum  as  the  board  may  determine  to  be  sufficient  for  such  purpose. 

§  89.  Notice  of  the  said  election  shall  be  given  in  the  same  manner  as  pro- 
vided in  section  twenty-seven  of  this  act,  in  relation  to  calling  special  elections 
for  issuance  of  bonds.  The  notice  of  election  must  state  the  amount  of  the 
authorized  bonded  indebtedness  of  such  district,  and  the  amount  to  which  it  is 
proposed  to  reduce  the  same ;  also,  the  date  on  which  said  election  will  be  held 


DESTROYING    UNSOLD    BONDS— ELECTION.  418 

and  the  polling-places,  as  established  by  said  board  of  directors.  The  ballots 
east  at  said  election  shall  contain  the  words  "For  reducing  bonds — Yes,"  or 
"For  reducing  bonds — No."  When  the  vote  is  canvassed  by  the  board  of  direc- 
tors and  entered  of  record,  if  a  majority  of  the  votes  cast  shall  be  ' '  For  reducing 
Ijonds — Yes"  then  in  that  event  the  board  of  directors  shall  only  be  empowered 
to  issue  or  sell  the  amount  of  bonds  as  was  stipulated  in  the  said  notice  of  such 
special  election;  but  if  a  majority  of  said  votes  are  not  "For  reducing  bonds — 
Yes,"  then  the  authority  to  issue  bonds  shall  remain  the  same  as  before  said 
special  election  was  held. 

§  90.  In  case  there  be  outstanding  bonds  of  any  district  desiring  to  take 
advantage  of  the  provisions  of  sections  eighty-eight  and  eighty-nine  of  this  act 
concerning  reduction  of  bonded  indebtedness,  the  assent  of  such  bondholders 
may  be  obtained  to  such  reduction  of  the  bonded  indebtedness,  in  the  same 
manner  as  provided  in  section  sixty-nine  of  this  act.  If  such  assent  is  obtained 
in  the  manner  therein  provided,  then,  and  in  that  event,  such  district  shall  be 
empowered  to  take  advantage  of  all  the  provisions  of  said  sections  of  this  act, 
but  not  otherwise.  No  reduction  of  the  bonded  indebtedness,  as  in  this  act  pro- 
vided shall  in  any  manner  affect  any  order  of  court  that  may  have  been  made, 
adjudicating  and  confirming  the  validity  of  said  bonds. 

§  91.  Whenever  there  remains  in  the  hands  of  the  board  of  directors  of  any 
drainage  district  organized  under  the  provisions  of  this  act,  after  the  completion 
of  its  drainage  system,  and  the  payment  of  all  demands  against  such  district, 
any  bonds  voted  to  be  issued  by  said  district,  but  not  sold,  and  not  necessary  to 
be  sold  for  the  raising  of  funds,  for  the  use  of  such  district,  said  board  of  direc- 
tors may  call  a  special  election  for  the  purpose  of  voting  upon  a  proposition  to 
destroy  said  unsold  bonds,  or  so  many  of  them  as  may  be  deemed  best,  or  may 
submit  such  proposition  at  a  general  election. 

§  92.  Such  election  shall  be  held  in  the  same  manner  as  other  elections  held 
under  the  provisions  of  this  act.  A  notice  of  such  election  shall  be  given  in  the 
same  manner  as  provided  in  section  twenty-seven  of  this  act  in  relation  to  calling 
special  elections  for  the  issuance  of  bonds.  The  notice  of  election  must  state  the 
amount  of  the  bonded  indebtedness  of  such  district  authorized  by  the  vote  of  the 
district,  the  amount  of  the  bonds  remaining  unsold,  and  the  amount  proposed  to 
be  destroyed,  and  the  date  on  which  such  election  is  proposed  to  be  held,  and  the 
polling-places  as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast  at  such 
election  shall  contain  the  words  "For  destroying  bonds — Yes"  and  "For  destroy- 
ing bonds — No,"  and  the  voter  must  erase  the  word  "No"  in  case  he  favors  the 
destruction  of  bonds,  otherwise  the  word  "Yes." 

§  93.  When  the  vote  is  canvassed  by  the  board  of  directors  and  entered  of 
record,  if  a  two-thirds  majority  of  the  votes  cast  should  be  found  to  be  in  favor 
of  the  destruction  of  said  bonds,  then  the  president  of  the  board,  in  the  presence 
of  a  majority  of  the  members  of  the  board,  must  destroy  the  bonds  so  voted  to  be 
destroyed,  and  the  total  a.mount  of  bonds  so  destroyed  and  canceled  shall  be 
deducted  from  the  sum  authorized  to  be  issued  by  the  electors  of  said  district, 
and  no  part  thereof  shall  thereafter  be  reprinted  or  reissued. 

§  94.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the  validity  of  any 
district  heretofore  organized  under  the  laws  of  this  state,  or  its  rights  in  or  to 


414  DRAIIVAGE     OF     S^VAMP-LANDS— PETITION. 

property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or  nature;  but 
said  districts  are  hereby  made  subject  to  the  provisions  of  this  act  so  far  as  appli- 
cable; nor  shall  it  atfect,  impair,  or  discharge  any  contract  obligation,  lien,  or 
charge,  for  or  upon  which  it  was  or  might  become  liable  or  chargeable  had  not 
this  act  been  passed. 

§  95.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in  anywise  modi- 
fying the  provisions  of  any  other  act  relating  to  the  subject  of  drainage  except 
such  as  may  be  contained  in  the  act  entitled  "An  act  to  provide  for  the  organiza- 
tion and  government  of  drainage  districts,  for  the  drainage  of  agricultural  lands 
other  than  swamp  and  overflowed  lands,"  approved  March  thirty-first,  eighteen 
hundred  and  ninety-seven,  and  any  subsequent  acts  supplementary  thereto,  or 
amendatory  thereof,  all  of  which  acts,  so  far  as  they  may  be  inconsistent  here- 
with, are  hereby  repealed. 

§  96.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 

See  note  after  next  following  statute. 

DRAINAGE— SWAMP-LANDS. 

To  promote  the  drainage  of  wet,  swamp  and  overflowed  lands,  and  to  promote 

the  public  health  in  the  communities  in  which  they  lie. 

(Stats.  1903,  354,  ch.  CCLVIII.) 

§  1.  Whenever  ten  or  more  landholders  owning  parts  of  any  body  of  wet, 
swamp  or  overflowed  lands  susceptible  of  drainage  by  a  ditch  or  drain,  or  a 
system  of  ditches  or  drains,  shall  file  with  the  board  of  supervisors  of  the  county 
in  which  said  lands,  or  a  portion  thereof,  are  situated,  a  petition  for  the  estab- 
lishment of  such  ditch  or  drain,  or  system  of  ditches  or  drains,  for  the  draining 
of  said  body  of  lands,  defining  the  boundaries  of  such  body  of  lands  and  the  loca- 
tion and  courses  of  such  ditch  or  drain,  or  system  of  ditches  or  drains,  through 
said  body  of  lands,  and  the  lands  through  which  it  or  they  are  to  pass  to  their 
outlets,  and  shall  give  said  supervisors  a  good  and  sufficient  bond  for  the  pay- 
ment of  all  costs  that  may  accrue  provided  said  petition  shall  not  be  granted, 
said  supervisors  shall,  within  thirty  days  of  the  filing  of  said  petition,  appoint  a 
day  for  the  hearing  of  the  same,  which  shall  not  be  less  than  fifteen  nor  more 
than  fort}'  days  from  such  appointment;  and  shall,  also,  cause  to  be  published 
in  some  newspaper  published  and  having  a  general  circulation  in  the  county,  a 
copy  of  said  petition  together  with  a  notice  by  the  clerk  of  said  board  of  the  time 
and  place  set  for  hearing  said  petition ;  said  publication  shall  be  in  a  daily  or 
weekly  newspaper  and  for  at  least  two  weeks  next  preceding  the  time  set  for 
said  hearing. 

§  2.  Said  supervisors  shall  also  direct  the  county  surveyor  to  survey  the  line 
or  lines  of  said  proposed  ditch  or  drain,  or  system  of  ditches  or  drains,  taking 
notes  of  the  descent  of  the  land  and  the  character  thereof,  and  report  to  said 
board,  on  or  before  said  day  of  hearing,  the  descent,  if  any,  between  the  head 
and  outlet  of  said  ditch  or  ditches,  together  with  a  list  of  intermediate  grades, 
the  lands  benefited  by  said  proposed  ditch  or  ditches,  and  such  other  information 
as  may  come  under  his  notice  upon  the  matter  of  such  proposed  location.  In 
locating  such  ditches  or  drains,  whenever  practicable,  they  shall  be  located  on 
section  or  subdivision  lines,  but  the  said  surveyor  may,  in  surveying  the  same. 


ue:aring  of  petition — examination.  415 

follow  the  lines  of  location  described  in  said  petition  or  vary  therefrom  as  he 
may  deem  for  the  greatest  advantage  of  said  lands  and  the  best  location  of  said 
ditch  or  ditches. 

§  3.  Upon  the  hearing  of  said  petition  any  person  interested  in  the  lands 
described  therein,  or  the  community  in  which  the  same  are  located,  may  appear 
and  support  or  oppose  the  granting  of  said  petition,  and  witnesses  may  be  sworn 
and  testify  in  reference  thereto. 

§  4.  If  the  supervisors  shall,  on  hearing  the  petition,  find  that  the  con.struc- 
tion  of  the  ditch  or  drain,  or  system  of  ditches  or  drains,  petitioned  for  (or  as 
modified  by  the  report  of  the  surveyor)  would  be  advisable,  and  beneficial  to  the 
lauds  described  in  the  petition,  or  a  smaller  body  lying  within  the  same,  and 
such  body  of  lands  so  to  be  benefited  constitute  the  lands  of  a  farming  com- 
munity or  neighborhood,  or  that  the  construction  of  said  ditch  or  drain,  or  system 
of  ditches  or  drains,  would  be  conducive  to  the  health  of  the  community  or  neigh- 
borhood in  which  they  lie,  then,  the  supervisors  shall,  in  their  discretion,  grant 
said  petition  for  the  construction  of  said  ditch  or  drain,  or  system  of  ditches  or 
drains,  as  prayed  for  (or  as  modified  by  the  report  of  the  surveyor)  and  shall 
proceed  to  examine  the  lands  affected  thereby,  and  shall  direct  the  surveyor  to 
survey  the  same  and  set  stakes  every  hundred  feet,  and  to  make  a  journal  of  the 
depth  and  width  to  be  excavated  at  each  of  said  stakes.  If,  upon  the  hear- 
ing, the  said  supervisors  shall  find  the  location  of  said  ditch  or  ditches  unad- 
visable,  the  petition  shall  be  denied  and  the  costs  of  the  proceedings  shall  be 
collected  from  the  petitioners  or  their  bondsmen. 

§  5.  After  having  made  such  examination  of  the  lands  so  affected  said  super- 
visors shall  then  apportion  the  excavation  of  said  ditch  and  the  cost  of  location 
(including  the  cost  of  right  of  way,  when  necessary)  and  superintendence  of 
construction  by  the  surveyor,  to  the  lands  affected  thereby,  according  to  the 
benefits  received,  after  giving  notice  to  the  owners  of  such  lands  of  the  time  and 
place  of  making  such  apportionment,  and  giving  to  each  a  hearing.  The  names 
of  such  owners  may  be  taken  from  the  last  assessment  books  of  the  county 
wherein  such  lands  are  situate,  and  such  notice  shall  be  in  writing,  delivered  to 
each  landowner  resident  upon  such  land  so  affected,  or  left  at  his  place  of  resi- 
dence with  some  competent  person,  at  least  ten  days  before  the  time  set  for  said 
hearing,  and  to  each  landowner  not  resident  upon  such  lands  so  affected,  by 
depositing  the  same  in  the  post-office  directed  to  him  at  his  place  of  residence  or 
address,  at  least  twelve  days  before  said  time  so  set  for  said  hearing,  and  in  case 
the  residence  or  pcst-office  address  of  such  non-resident  be  not  known,  then  by 
posting  said  notice  in  a  prominent  place  on  the  lands  so  affected  and  owned  by 
him,  at  least  twelve  days  before  the  time  set  for  said  hearing.  All  notices  pro- 
vided for  in  this  act  shall  be  given  by  the  clerk  of  said  board  of  supervisors,  by 
and  under  their  direction  and  authority. 

§  6.  After  having  completed  said  hearing  and  apportionment,  the  board  shall 
then  give  notice  in  the  same  manner  as  provided  in  section  five,  to  all  the  land- 
owners of  the  part  of  ditch  apportioned  to  them,  as  described  by  the  stakes  and 
their  numbers,  and  of  the  specifications  of  the  ditch,  and,  also,  of  the  cost  of 
location  and  superintendence  of  construction  (and  right  of- way,  when  neces- 
sary) ;  and  said  notice  shall  also  specify  the  time  set  for  the  completion  of  the 
work  and  the  payment  of  the  cost  of  location,  superintendence  and  right  of  way. 


416  EXAMINATION   OF   DITCH— ENCROACHMENTS— FENCES. 

§  7.  On  the  clay  set  for  the  completion  of  the  work,  or  as  soon  thereafter  as  is 
practicable,  the  county  surveyor  shall  proceed  to  examine  said  ditch  or  ditches, 
and  if,  in  his  opinion,  any  portion  thereof  shall  not  be  completed  according  to  the 
specifications,  he  shall  report  the  same  to  the  board  of  supervisors,  who  shall  fix 
a  reasonable  time  within  which  the  same  shall  be  completed,  and  shall  notify  the 
person  to  whom  said  portion  was  apportioned  to  complete  the  same  within  such 
time.  If  not  so  completed,  at  the  expiration  of  the  time  specified  said  board  of 
supervisors  shall  advertise  the  construction  of  the  same  by  posting  notices  for 
two  weeks  in  three  conspicuous  places  within  the  territory  affected  by  said  ditch. 
Upon  the  time  specified  in  said  notice  said  supervisors  shall  proceed  to  let  the 
same  to  the  lowest  responsible  bidder,  who  shall  give  such  bonds  as  shall  be 
required  by  said  board,  and  shall  proceed  to  complete  such  works  in  the  time 
agreed  upon.  The  board  shall  report  the  cost  of  such  work  to  the  county  auditor, 
who  shall  cause  the  amount  thereof  to  be  entered  on  the  tax  books  of  the  county, 
and  the  same  shall  be  a  tax  upon  said  lands,  which  amount  shall  be  collected  the 
same  as  other  taxes,  and  paid  to  the  person  performing  such  work.  The  cost  of 
location  and  supervision,  and  right  of  way,  if  not  paid  at  the  time  required,  shall 
also  be  reported  in  like  manner  to  the  county  auditor  and  collected  as  a  tax  upon 
the  lands  affected  and  paid  to  the  county  treasurer. 

§  8.  The  county  treasurer  shall  place  such  funds  to  the  credit  of  each 
respective  ditch  fund  and  shall  pay  out  the  same  on  warrants  drawn  by  the  board 
of  supervisors.  The  treasurer  shall  receive,  as  compensation  for  his  services, 
one  per  centum  of  all  moneys  by  him  disbursed  under  this  act. 

§  9.  The  county  surveyor  shall  superintend  the  construction  of  all  ditches 
and  drains  constructed  under  the  provisions  of  this  act,  and  when  constructed 
they  shall  be  in  charge  of  the  officer  having  charge  and  supervision  of  the  roads 
in  the  district  in  which  they  lie.  The  owners  of  lands  to  whom  they  have  been 
apportioned,  shall  keep  in  repair  such  ditches  in  accordance  with  the  apportion- 
ment, and  if  not  so  kept  in  repair,  the  board  of  supervisors  shall  direct  the  same 
to  be  done,  and  the  cost  thereof  shall  be  a  tax  upon  the  land,  to  be  collected  as 
hereinbefore  provided. 

§  10.  Any  person  causing  an  encroachment  or  obstruction  to  any  ditch  or 
drain  created  under  the  provisions  of  this  act,  and  failing  to  remove  the  same  for 
the  space  of  twenty-four  hours  after  notice  shall  have  been  given  to  such  person 
by  the  roadmaster,  if  he  can  be  found  in  the  county,  otherwise  by  posting  by 
him  at  or  near  the  place  of  encroachment  or  obstruction,  may  be  fined  not  exceed- 
ing two  hundred  dollars,  or  imprisoned  not  more  than  thirty  days  in  the  county 
jail,  or  by  both  such  fine  and  imprisonment.  The  fines  so  collected  shall  be  placed 
to  the  credit  of  the  district  road  fund  where  such  encroachment  or  obstruction  is 
had,  and  proceedings  for  such  offenses  may  be  had  before  any  court  of  competent 
jurisdiction. 

§  11.  The  provisions  of  this  act  shall  not  be  construed  so  as  to  permit  waters 
to  be  carried  out  of  their  natural  course  to  augment  other  streams  or  drains,  to 
the  damage  of  the  residents  along  the  banks  of  the  streams  or  drains  so  aug- 
mented. 

§  12.  Whenever  the  board  of  supervisors  cannot  purchase,  at  a  reasonable 
price,  or  procure  the  right  of  way,  or  procure  the  consent  of  all  parties  interested 


DRAINAGE— DRUG    STORKS,    HOIRS     OF    AVORK.  417 

to  join  or  connect  with  any  existing  ditches  or  outlets,  the  president  of  the  board 
may  proceed  to  condemn  the  same  under  the  provisions  of  title  seven,  part  three, 
of  the  Code  of  Civil  Procedure,  and  amendments  thereto,  which  are  now  existing 
or  may  hereafter  be  made. 

§  13,  This  act  is  not  intended  to  supersede  or  repeal  any  other  act  for  the 
construction  or  maintenance  of  ditches  or  for  drainage  purposes,  but  is  intended 
as  an  independent  and  alternative  means  of  constructing  such  ditches  where  most 
applicable  or  desirable  to  the  parties  interested. 

§  14.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

DRAINAGE). — ^There    are    various     special  The     Statute     of     18J>7,     334,     relating     to 

acts   for  draining  lands  in  particular  coun-  agricultural      lands      other      than      swamp, 

ties,   as:      1865-6,    451,   Colusa,   Yolo   and   So-  etc.,   amended   1901,   554,   is   repealed   by   the 

lano;   1877-8,  1037,  Yolo  and  Colusa,  but  the  new  Act  of   1903,   291    (see   sec.   95   of  latter 

compass   of  this   work  necessarily   excludes  act), 

their  publication.  As  to  StatH.  1897,  334,  see  Justice  vs.  Rob- 

The    Statute    of    1881,    15,    amended    1897,  Inson,  142  Cal.  199-201,  75  Pac.  Rep.  776. 

220,    Is    cited   in   Holley   vs.    County   Orange,  See    DRAINAGE    CONSTRUCTION    FUND, 

106  Cal.   420,  422,   39  Pac.  Rep.   790,  held  un-  ante,  STATE  FUNDS. 

constitutional  in  Nickey  vs.  Stearns  Ranches  See  also  post  PUBLIC  WORKj  AUDITING 

Co.,  126  Cal.  150,  151,  58  Pac.  Rep.  459.  BOARD. 

DRUG  STORES— HOURS  OF  WORK. 

To  regulate  the  work  and  hours  of  employees  engaged  in  selling,  at  retail,  drugs 
and  medicines,  and  compounding  physicians'  prescriptions,  and  providing 
a  penalty  for  the  violation  thereof. 

(Stats.  1905,  28,  eh.  XXXIV.) 

§  1.  As  a  measure  for  the  protection  of  public  health,  no  person  employed  by 
any  person,  firm  or  corporation,  shall  for  more  than  an  average  of  ten  hours  a 
day  or  sixty  hours  a  week  of  six  consecutive  calendar  days,  perform  the  work  of 
selling  drugs  or  other  medicines,  or  compounding  physicians'  prescriptions,  in 
any  store,  establishment  or  place  of  business,  where  and  in  which  drugs  or  medi- 
cines are  sold,  at  retail,  and  where  and  in  which  physicians'  prescriptions  are 
compounded;  provided  that  the  answering  of  and  attending  to  emergency  calls 
shall  not  be  construed  as  a  violation  of  this  act. 

§  2.  No  person,  firm  or  corporation  employing  another  person  to  do  work 
which  consists  wholly  or  in  part  of  selling,  at  retail,  drugs  or  medicines,  or  of 
compounding  physicians'  prescriptions,  in  any  store,  or  establishment  or  place 
of  business  where  or  in  which  medicines  are  sold  and  where  and  in  which  physi- 
cians' prescriptions  are  compounded  shall  require  or  permit  said  employed  per- 
son to  perform  such  work  for  more  than  an  average  of  ten  hours  a  day,  or  sixty 
hours  a  week  of  six  consecutive  calendar  days. 

§  3.  Any  person,  firm  or  corporation  violating  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  misdemeanor  and  shall  be  punished  therefor  by  a 
fine  not  less  than  twenty  dollars  nor  more  than  fifty  dollars,  or  by  imprisonment 
for  not  exceeding  sixty  days,  or  by  both  such  fine  and  imprisonment,  at  the  dis- 
cretion of  the  court. 

§  4.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

LABOR   LAWS — Fixing  hotirs   of  labor. —  and   purpose,    but   relating   to    employees    in 

The  state  of  New  York  passed  a  statute  es-  bakerie.s.     This   statute  is  as  follows: 

sentlally  the  same  as  the  above  in  its  name  "No  employee  shall  be  required  or  permit- 
Gen.   Laws — 27 


418 


LABOR    L,A\%S — FIXING     HOURS     OF     WORK — VALIDITY. 


ted  to  work  in  a  biscuit,  bread,  or  cake 
bakery  or  confectionery  establistiment  more 
tlian  sixty  liours  in  any  one  week,  or  more 
tiian  ten  hours  in  any  one  day,  unless  for 
the  purpose  of  making  a  shorter  workday 
on  the  last  day  of  the  week;  nor  more  hours 
in  any  one  week  than  will  make  an  aver- 
age of  ten  hours  per  day  for  the  number 
of  days  during  such  week  in  which  such 
employee  shall  work,"  and  has  a  penalty 
attached  for  a  violation  thereof. 

Joseph  Lochner  was  indicted  for  a  vio- 
lation of  the  above  law  and  convicted  in  the 
trial  court.  The  conviction  was  aflirmed 
by  the  appellate  division  and  also  by  the 
court  of  appeals,  and  thereupon  taken  to  the 
supreme  court  of  the  United  States  (Loch- 
ner vs.  State,  May  15,  1905,  vol.  197  U.  S.  — , 
bk.  49  L.  ed.  539,  25  Sup.  Ct.  Rep.  539), 
wherein  by  a  bare  majority  the  law  was 
held  unconstitutional  and  the  judgment  of 
conviction  reversed.  Mr.  Justice  Peckham, 
writing  the  majority  opinion,  says: 

"There  is  nothing  in  any  of  the  opinions 
delivered  in  this  case,  either  In  the  supreme 
court  or  the  court  of  appeals  of  the  state, 
which  construes  the  section,  in  using  the 
word  'required,'  as  referring  to  any  physical 
force  being  used  to  obtain  the  labor  of 
an  employee.  It  is  assumed  that  the  word 
means  nothing  more  than  the  requirement 
arising  from  voluntary  contract  for  such 
labor  in  excess  of  the  number  of  hours 
specified  in  the  statute.  There  is  no  pre- 
tense in  any  of  the  opinions  that  the 
statute  was  intended  to  meet  a  case  of  in- 
voluntary labor  in  any  form.  All  the  opin- 
ions assume  that  there  is  no  real  aistinction, 
so  far  as  this  question  is  concerned,  be- 
tween the  words  'required'  and  'permitted.' 
The  mandate  of  the  statute,  that  'no  em- 
ployee shall  be  required  or  permitted  to 
work,'  is  the  substantial  equivalent  of  an 
enactment  that  'no  employee  shall  contract 
or  agree  to  work,'  more  than  ten  hours 
per  day;  and,  as  there  is  no  provision  for 
special  emergencies,  the  statute  is  manda- 
tory in  all  cases.  It  is  not  an  act  merely 
lixing  the  number  of  hours  which  shall 
constitute  a  legal  day's  work,  but  an  abso- 
lute prohibition  upon  the  employer  permit- 
ting, under  any  circumstances,  more  than 
ten  hours'  work  to  be  done  in  his  establish- 
ment. The  employee  may  desire  to  earn 
the  extra  money  which  would  arise  from 
his  working  more  than  the  prescribed  time, 
but  this  statute  forbids  the  employer  from 
permitting  the  employee  to  earn  it." 

LIMIT  TO  VALID  EXERCISE  OF  PO- 
LICE POWER. — The  court  say:  "It  must, 
of  course,  be  conceded  that  there  is  a  limit 
to  the  valid  exercise  of  the  police  power 
by  the  state.  There  is  no  dispute  concern- 
ing this  general  proposition.  Otherwise 
the  XIV  amendment  would  have  no  ef- 
ficacy and  the  legislatures  of  the  states 
would  have  unbounded  power,  and  it  would 
be  enough  to  say  that  any  piece  of  legisla- 
tion was  enacted  to  conserve  the  morals,  the 
health,  or  the  safety  of  the  people;  such 
legislation  would  be  valid,  no  matter  how 
absolutely  without  foundation  the  claim 
might    be.      The    claim   of    the    police   power 


would  be  a  mere  pretext, — become  another 
and  delusive  name  for  the  supreme  sov- 
ereignty of  the  state  to  be  exercised  free 
from  constitutional  restraint.  This  is  not 
contended  for.  In  every  case  that  comes 
before  this  court,  therefore,  where  legisla- 
tion of  this  character  is  concerned,  and 
where  the  protection  of  the  federal  consti- 
tution Is  sought,  the  question  necessarily 
arises:  Is  this  a  fair,  reasonable,  and  ap- 
propriate exercise  of  the  police  power  of 
the  state,  or  is  it  an  unreasonable,  un- 
necessary, and  arbitrary  interference  with 
the  right  of  the  individual  to  his  personal 
liberty,  or  to  enter  into  those  contracts  in 
relation  to  labor  which  may  seem  to  him 
appropriate  or  necessary  for  the  support 
of  himself  and  his  family?  Of  course  the 
liberty  of  contract  relating  to  labor  includes 
both  parties  to  it.  The  one  has  as  much 
right  to  purchase  as  the  other  to  sell  labor. 

"This  is  not  a  question  of  substituting  the 
judgment  of  the  court  for  tliat  of  the  legis- 
lature. If  the  act  be  within  the  power  of 
the  state,  it  is  valid,  although  the  judgment 
of  the  court  might  be  totally  opposed  to  the 
enactment  of  such  a  law.  But  the  question 
would  still  remain.  Is  it  within  the  police 
power  of  the  state?  and  that  question  must 
be  answered  by  the  court." 

INTERFERENCE  WITH  CONTRACT^ 
Fourteenth  amendment.  —  The  court  say: 
"The  statute  necessarily  interferes  with  the 
right  of  contract  between  the  employer  and 
employees,  concerning  the  number  of  hours 
in  which  the  latter  may  labor  in  the  bakery 
of  the  employer.  The  general  right  to  make 
a  contract  in  relation  to  his  business  is 
part  of  the  liberty  of  the  individual  pro- 
tected by  the  XIV  amendment  of  the  fed- 
eral constitution.  (Allgeyer  vs.  Louisiana, 
165  U.  S.  578,  bk.  41  L.  ed.  832,  17  Sup.  Ct. 
Rep.  427.)  Under  that  provision  no  state 
can  deprive  any  person  of  life,  liberty,  or 
property  without  due  process  of  law.  The 
right  to  purchase  or  to  sell  labor  is  part 
of  the  liberty  protected  by  this  ainendment, 
unless  there  are  circumstances  which  ex- 
clude the  right.  There  are,  however,  cer- 
tain powers,  existing  in  the  sovereignty  of 
each  state  in  the  Union,  somewhat  vaguely 
termed  police  powers,  the  exact  description 
and  limitation  of  which  have  not  been 
attempted  by  the  courts.  Those  powers, 
broadly  stated,  and  without,  at  present,  any 
attempt  at  a  more  specific  limitation,  relate 
to  the  safety,  health,  morals,  and  general 
w^elfare  of  the  public.  Both  property  and 
liberty  are  held  on  such  reasonable  con- 
ditions as  may  be  Imposed  by  the  govern- 
ing power  of  the  state  in  the  exercise  of 
those  powers,  and  with  such  conditions  the 
XIV  amendment  w^as  not  designed  to  inter- 
fere. (Mugler  vs.  Kansas,  123  U.  S.  623,  bk.  31 
L.  ed.  205,  8  Sup.  Ct.  Rep.  273;  In  re  Kemm- 
ler,  136  U.  S.  436,  bk.  34  L.  ed.  519,  10  Sup. 
Ct.  Rep.  930;  Crowley  vs.  Christensen,  137 
U.  S.  86,  bk.  34  L.  ed.  620,  11  Sup.  Ct.  Rep. 
13;  In  re  Converse,  137  U.  S.  624,  bk.  34  L. 
ed.  796,  11  Sup.  Ct.  Rep.  191.) 

"The  state,  therefore,  has  power  to  pre- 
vent the  individual  from  making  certain 
kinds    of   contracts,    and   in    regard   to   them 


LABOR     LA-WS— FIXING     HOURS     OF     WORK— VALIDITY. 


419 


the  federal  constitution  offers  no  protec- 
tion. If  the  contract  be  one  which  the  state, 
in  the  legitimate  exercise  of  Its  police 
power,  has  the  right  to  prohibit,  it  is  not 
prevented  from  prohibiting  it  by  the  XIV 
amendment.  Contracts  in  violation  of  a 
statute,  either  of  the  federal  or  state  gov- 
ernment, or  a  contract  to  let  one's  property 
for  immoral  purposes,  or  to  do  any  other 
unlawful  act,  could  obtain  no  protection 
from  the  federal  constitution,  as  coming 
under  the  liberty  of  person  or  of  free  con- 
tract. Therefore,  when  the  state,  by  its 
legislature,  in  the  assumed  exercise  of  its 
police  powers,  has  passed  an  act  which 
seriously  limits  the  right  to  labor  or  the 
right  of  contract  in  regard  to  their  means 
of  livelihood  between  persons  w^ho  are  sui 
juris  (both  employer  and  employee),  it  be- 
comes of  great  importance  to  determine 
which  shall  prevail, — the  right  of  the  indi- 
vidual to  labor  for  such  time  as  he  may 
choose,  or  the  right  of  the  state  to  prevent 
the  individual  from  laboring,  or  from  en- 
tering into  any  contract  to  labor,  beyond  a 
certain  time  prescribed  by  the  state." 

VALIDITY  OF  LABOR  LAW  —  Laborers 
not  -wards  of  state. — Mr.  Justice  Peckham 
further  says:  "The  question  whetlier  tliis 
act  is  valid  as  a  labor  law,  pure  and  simple, 
may  be  dismissed  in  a  few  words.  There  is 
no  reasonable  ground  for  interfering  with 
the  liberty  of  person  or  the  right  of  free 
contract,  by  determining  the  hours  of  labor, 
in  the  occupation  of  a  baker.  There  is  no 
contention  that  bakers  as  a  class  are  not 
equal  in  intelligence  and  capacity  to  men 
in  other  trades  or  manual  occupations,  or 
that  they  are  not  able  to  assert  their  rights 
and  care  for  themselves  without  the  pro- 
tecting arm  of  the  state  interfering  with 
their  independence  of  judgment  and  of  ac- 
tion. They  are  in  no  sense  wards  of  the 
state.  Viewed  in  the  light  of  a  purely 
labor  law,  with  no  reference  whatever  to 
the  question  of  health,  we  think  that  a 
law  like  the  one  before  us  involves  neither 
the  safety,  the  morals,  nor  the  welfare  of 
the  public,  and  that  the  interest  of  the 
public  is  not  in  the  slightest  degree  affected 
by  such  an  act.  The  law  must  be  upheld, 
if  at  all,  as  a  law  pertaining  to  the  health 
cf  the  individual  engaged  in  the  occupa- 
tion of  a  baker.  It  does  not  affect  any  other 
portion  of  the  public  than  those  who  are 
engaged  in  that  occupation.  Clean  and 
wholesome  bread  does  not  depend  upon 
whether  the  baker  works  but  ten  hours  per 
day  or  only  sixty  hours  a  week.  The  limita- 
tion of  the  hours  of  labor  does  not  come 
w^ithin  the  police  power  on  that  ground. 

"It  is  a  question  of  which  of  two  powers 
or  rights  shall  prevail, — the  power  of  the 
state  to  legislate  or  the  right  of  the  indi- 
vidual to  liberty  of  person  and  freedom  of 
contract.     The  mere  assertion  that  the  sub- 


ject relates,  though  but  in  a  remote  degree, 
to  the  public  health,  does  not  necessarily 
render  the  enactment  valid.  The  act  must 
h;:ve  a  more  direct  relation,  as  a  means  to 
an  end,  and  the  end  itself  must  be  appro- 
priate and  legitimate  before  an  act  can 
be  held  to  be  valid  which  interferes  with 
the  general  right  of  an  individual  to  be 
free  in  his  person  and  in  his  power  to  con- 
tract in  relation  to  his  own  labor. 

"We  think  the  limit  of  the  police  power 
has  been  readied  and  passed  in  this  case. 
There  is,  in  our  judgment,  no  reasonable 
foundation  for  holding  tiiis  to  be  necessary 
or  appropriate  as  a  health  law  to  safeguard 
the  public  health,  or  the  health  of  the  indi- 
viduals who  are  following  tlie  trade  of  a 
baker.  If  this  statute  be  valid,  and  if,  there- 
fore, a  proper  case  is  made  out  in  which  to 
deny  the  right  of  an  individual,  sui  juris, 
as  employer  or  employee,  to  make  con- 
tracts for  the  labor  of  the  latter  under 
the  protection  of  the  provisions  of  the  fed- 
eral constitution,  there  would  seem  to  be 
no  length  to  which  legislation  of  this  na- 
ture might  not  go.  The  case  differs  widely, 
as  we  have  already  stated,  from  tlie  expres- 
sions of  this  court  in  regard  to  laws  of 
this  nature,  as  stated  in  Holden  vs.  Hardy, 
169  U.  S.  366,  bk.  42  L.  ed.  780,  IS  Sup.  Ct. 
Rep.  383,  and  Jacobson  vs.  Massachusetts, 
197  U.  S.  11,  49  L.  ed.  358,  25  Sup.  Ct.  Rep. 
358." 

EMERGENCY  CLAUSE. — It  will  be  ob- 
served tliat  our  statute  has  no  emergency 
clause.  Neither  has  the  New  York  law.  On 
this  subject  the  court,  calling  attention  to. 
the  fact  that  the  Utah  law  (regulating  the 
hours  in  underground  mines  and  smelters. — 
See  Holden  vs.  Hardy,  169  U.  S.  366,  bk.  42 
L.  ed.  780,  18  Sup.  Ct.  Rep.  383)  had  an 
emergency  clause,  remarks:  "The  statute 
now  before  ttiis  court  has  no  emergency 
clause  in  it,  and,  if  the  statute  is  valid, 
there  are  no  circumstances  and  no  emer- 
gencies under  wliich  the  slightest  viola- 
tion of  the  provisions  of  the  act  would  be 
innocent.  There  is  nothing  in  Holden  vs. 
Hardy  which  covers  the  case  now  before 
us.  Nor  does  Atkin  vs.  Kansas,  191  U.  S. 
207,  bk.  48  L.  ed.  148,  24  Sup.  Ct.  Rep.  124, 
touch  the  case  at  bar.  The  Atkin  case  was 
decided  upon  the  right  of  the  state  to  con- 
trol its  municipal  corporations  and  to  pre- 
scribe the  conditions  upon  which  it  will 
permit  work  of  a  public  character  to  be 
done  for  a  municipality.  Knoxville  Iron 
Co.  vs.  Harbison,  183  U.  S.  13,  46  L.  ed.  55, 
22  Sup.  Ct.  Rep.  1,  is  equally  far  from  an 
authority  for  this  legislation.  The  em- 
ployees In  that  case  were  held  to  be  at  a 
disadvantage  with  the  employer  in  matters 
of  wages,  tliey  being  miners  and  coal  work- 
ers, and  the  act  simply  provided  for  the 
cashing  of  coal  orders  when  presented  by 
the  miner  to  the  employer." 


DRUGS. 

See  Pharmacy. 


420  PROTECTING    BAJTKS     OF    EEl,    RIVE^R. 

DRUGS,  FOOD  AND  WATERS. 

See  Adulteration ;  State  Analyst. 

DRUNKENNESS. 

See  Intoxicating  Liquors;  Officers — Intoxication  of. 

DYNAMITE. 

See  Explosives. 

EEL  RIVER— TO  PROTECT  BANKS  OF. 

To  appropriate  money  to  protect  the  banks  of  Eel  River  from  erosion  by  means 
of  jetty  work  along  the  banks  thereof. 

(Stats.  1905,  799,  ch.  DC.) 

§  1.  The  sum  of  thirty-two  thousand  dollars  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  of  the  state  of  California  not  otherwise  appro- 
priated to  be  used  for  the  purpose  of  protecting  the  banks  of  Eel  River  from 
erosion,  by  jetty  work  along  the  banlcs  thereof  at  the  points  and  in  the  manner 
hereinafter  specified,  said  money  to  be  expended  in  sections  three,  ten  and  eleven, 
township  two  north,  range  one  west,  Humboldt  meridian,  by  and  under  the  direc- 
tion of  the  commissioner  of  highways,  in  accordance  with  a  survey,  estimates 
and  plans  made  by  him  and  now  on  file  in  the  office  of  the  department  of 
highways. 

The  money  hereby  appropriated  together  with  any  unexpended  portion  of  the 
sum  heretofore  appropriated  for  survey  of  said  river  for  the  purpose  of  protect- 
ing the  banks  thereof  shall  be  made  available  and  paid  out  of  the  state  treasury 
upon  warrants  drawn  therefor  in  favor  of  the  commissioner  of  highways  to  be 
expended  by  him  for  the  purpose  herein  named,  at  the  following  times :  Sixteen 
thousand  dollars  on  and  after  the  first  day  of  July,  nineteen  hundred  and  five, 
and  sixteen  thousand  dollars  on  and  after  the  first  clay  of  July,  nineteen  hundred 
and  six. 

This  appropriation  is  conditional  upon  a  contribution  of  eight  thousand  dollars 
to  be  made  by  private  individuals  and  placed  in  the  Ferndale  Bank  at  Ferndale, 
California,  to  the  account  of  the  said  commissioner  of  highways  the  same  to  be 
thereafter  added  to  the  moneys  hereby  appropriated,  and  the  total  sum  to  be 
expended  in  the  manner  hereinbefore  provided,  and  not  otherwise.  The  work 
to  be  commenced  as  soon  as  the  money  appropriated  is  available  and  completed 
as  fast  as  possible. 

§  2.  The  state  controller  is  hereby  authorized  to  draw  his  warrants  in  favor 
of  the  state  commissioner  of  highways  for  the  amount  hereby  appropriated  at  the 
times  provided  herein  for  the  payment  of  the  same,  and  the  state  treasurer  is 
hereby  directed  to  pay  the  same. 

EIGHT-HOUR  LAW. 

See  tits.  Public  Buildings;  Public  Work,  Hours  of  Labor. 

See  also  note  to  tit.  Drug  Stores — Hours  of  Work,  ante,   p.   417. 


GLBCTIONS,    SPECIAL— PURITY    OF    ELECTIONS.  421 

ELECTIONS. 

Concerning  special  elections. 
(Stats.  1877-8,  73,  ch.  LIV.) 

§  1.  At  any  special  election  to  be  held  in  any  county,  except  in  the  city  and 
county  of  San  Francisco,  copies  of  the  great  register  of  such  county,  and  in  the 
city  and  county  of  San  Francisco  copies  of  the  ward  registers  of  said  city  and 
county,  which  were  printed  before  and  used  at  the  next  preceding  general  elec- 
tion shall  be  used. 

§  2.  Before  the  day  on  which  said  special  election  is  appointed  to  be  held,  the 
board  of  supervisors  of  the  county,  except  the  city  and  county  of  San  Francisco, 
must  furnish  the  board  of  election  of  each  precinct  in  the  county  at  least  one 
copy  of  the  aforesaid  printed  great  register ;  and  the  board  of  supervisors  of  the 
city  and  county  of  San  Francisco  must  furnish  the  board  of  election  of  each  pre- 
cinct in  the  county  at  least  one  copy  of  the  ward  register  of  the  ward  in  which 
the  precinct  is  located.  If  the  board  cannot  otherwise  obtain  a  sufficient  number 
of  copies  of  the  register  for  the  purpose,  it  must  take  the  copies  filed  in  the  office 
of  the  county  clerk,  in  pursuance  of  section  twelve  hundred  and  sixty-eight  of 
the  Political  Code. 

§  3.  If  the  copy  of  the  register  which  shall  be  furnished  to  any  precinct  shall 
have  been  used  at  a  previous  election,  the  letter  "V"  may  be  used  instead  of  the 
word  "Voted,"  as  required  by  section  twelve  hundred  and  twenty-eight  of  the 
Political  Code. 

§  4.  It  shall  not  be  the  duty  of  the  board  of  election  to  post  copies  of  the  great 
register,  as  required  by  section  eleven  hundred  and  forty-nine  of  the  Political 
Code. 

§  5.  The  voter,  when  he  offers  his  ballot  at  a  polling-place,  shall  not  be 
required  to  announce  his  number  on  the  great  register,  as  provided  for  in  sec- 
tion twelve  hundred  and  twenty-five  of  the  Political  Code. 

§  6.     This  act  shall  take  effect  immediately. 

People  ex  rel.  Attorney-General  vs.  Curry,  Sections     1113-1116.     KERR'S     CYC.    POL. 

130  Cal.  82,  94,  62  Pac.  Rep.  516.  CODE,  designate  certain  books  of  affidavits 

"Special  Elections,"  as  defined  by  section  as    the    "register"    to    be    used    at    elections. 

1043,    KERR'S    CYC.    POL,    CODE,    are    such  See   also    §  1204,    KERR'S    CYC,    POL.   CODE, 

as    are    held    to    supply    vacancies    in    any  and   note.      §§  1094-1097,  KERR'S   CYC.  POL. 

office,   and    are    held    at    such   times   as    may  CODE,  may  be  consulted  also, 

be  designated  by  the  proper  board  or  officer.  See  HOLIDAYS;  Intoxicating  Liquors. 

ELECTIONS— PURITY  OF. 

To  promote  the  purity  of  elections  by  regulating  the  conduct  thereof,  and  to 
support  the  privilege  of  free  suffrage  by  prohibiting  certain  acts  and  prac- 
tices in  relation  thereto,  and  providing  for  the  punishment  thereof. 

(Stats.  1893,  12,  ch.  XVI;  amended  1895,  227,  ch.  CLXXXV;  1905,  93,  ch.  XCV, 
and  §42a,  added  1905,  37,  ch.  XLI.) 

§  1.  All  nominations  of  candidates  for  public  office  to  be  filled  by  election 
within  this  state,  and  presidential  electors,  must  be  filed  with  the  proper  officer 
within  the  time  and  in  the  manner  prescribed  by  law.  Every  certificate  of  nom- 
inations made  by  the  members  of  a  political  party,  or  by  a  convention  or  organ- 


422  PURITY     OF     ELECTIONS— PROVISIONS     FOR. 

ized  assemblage  of  delegates,  or  other  body  of  citizens  representing  a  political 
party  or  principle,  must  be  signed  as  provided  by  the  provisions  of  sections  eleven 
hundred  and  eighty-seven  (1187)  or  eleven  hundred  and  eighty-eight  (1188)  of 
the  Political  Code  of  this  state ;  and  at  the  time  of  filing  the  certificate  of  nomina- 
tion, the  person  signing  such  certificate  of  nomination  shall  also  file  with  the 
officer  authorized  by  law  to  receive  and  file  such  certificate  the  names  of 
five  persons,  who  have  accepted,  in  writing,  and  consented  to  act,  selected 
to  receive,  expend,  audit,  and  disburse  all  moneys  contributed,  donated, 
subscribed,  or  in  anywise  furnished  or  raised  for  the  purpose  of  aiding 
or  promoting  the  election  of  the  candidates  for  office  or  electors  named  in  the 
said  certificate  of  nomination,  or  in  any  manner  to  be  used  in  respect  of  the  con- 
duct and  management  of  the  election  at  which  such  candidates  are  to  be  voted 
for.  The  certificate  of  nomination  must  not  be  received  or  filed  unless  accom- 
panied by  the  names  of  five  persons,  citizens  and  electors  of  this  state,  to  com- 
pose such  committee,  together  with  their  written  acceptance  and  consent  to  act 
as  such  committee,  as  required  by  this  act.  All  independent  candidates  must  file 
the  names  of  five  persons  to  act  as  an  auditing  committee,  in  the  same  manner 
and  at  the  same  time  as  required  by  all  regular  party  nominees  or  candidates, 
and  all  members  of  such  an  auditing  committee  acting  for  an  independent  candi- 
date are  to  be  governed  by  the  same  laws  and  requirements  as  the  auditing  com- 
mittee of  all  regular  party  nominees  or  candidates.  The  said  committee  shall 
have  the  exclusive  custody  of  all  moneys  contributed,  donated,  subscribed,  or  in 
anywise  furnished  or  raised  for  or  on  behalf  of  the  political  party,  organized 
assemblage  or  body,  or  candidates  represented  by  said  committee,  and  shall  dis- 
burse the  same  on  proper  vouchers,  under  the  directions  of  the  body  of  superior 
authority  to  which  it  is  subject,  if  there  be  any.  If,  for  any  cause,  a  vacancy 
shall  occur  in  the  membership  of  said  committee  prior  to  the  fifteenth  day  before 
the  day  of  holding  an  election,  the  vacancy  must  be  filled  by  the  same  authority 
as  vacancies  in  the  list  of  nominees  are  filled.  No  vacancy  by  resignation  there- 
from or  refusal  to  act  upon  said  committee  shall  occur  after  the  fifteenth  day 
before  the  day  of  holding  an  election,  or  until  the  said  committee  shall  have  com- 
pleted and  discharged  all  of  the  duties  required  of  them  by  this  act.  If  any 
vacancy  be  created  by  death  or  legal  disability  subsequent  to  the  fifteenth  day 
before  the  day  of  holding  an  election,  such  vacancy  shall  not  be  filled,  and  the 
remaining  members  shall  discharge  and  complete  the  duties  required  of  said 
committee  as  if  such  vacancy  had  not  been  created.  [Amendment,  Stats.  1895, 
227.] 

§  2.  "Within  twenty-one  days  after  the  completion  of  the  official  canvass  of 
the  result  of  the  election,  said  committee  shall  file,  as  hereinafter  provided,  an 
itemized  statement,  showing  in  detail  all  the  moneys  contributed,  donated,  sub- 
scribed, or  in  anywise  furnished  or  received  to  the  use  of  the  political  party, 
organized  assemblage,  or  body,  or  any  or  all  of  the  candidates  for  public  office, 
or  electors  coming  under  the  control  of  such  committee,  or  into  their  custody, 
directly  or  indirectly,  together  with  the  name  of  each  contributor,  donor,  sub- 
scriber, or  source  from  w'hich  such  moneys  were  derived,  and  an  itemized  state- 
ment of  all  money  expended ;  such  statement  shall  give  the  names  of  the  various 
persons  to  whom  such  moneys  were  paid,  the  specific  nature  of  each  item,  by 
whom  the  service  was  performed,  and  the  purpose  for  which  it  was  expended. 


PURITY    OF    ELECTIONS — ITEJMIZED    ACCOUNT.  4^3 

There  shall  be  attached  to  such  statement  an  affidavit,  subscribed  and  sworn  to 
by  each  member  of  said  committee,  setting  forth,  in  substance,  that  the  state- 
ment thus  made  is  in  all  respects  true,  and  that  the  same  is  a  full  and  detailed 
statement  of  all  moneys,  securities,  or  equivalents  for  moneys  coming  under  their 
control  or  into  their  custody,  and  by  them  expended,  directly  or  indirectly.  Such 
statement  shall  be  filed  in  the  same  office  in  which  is  filed  the  certificate  of  their 
selection  as  such  committee,  and  shall  become  a  public  document,  and  open  to 
inspection  by  any  citizen, 

§  3,  Every  candidate  who  is  voted  for  at  any  public  election  held  within  the 
state  shall,  within  fifteen  days  after  the  day  of  holding  such  election,  file,  as  here- 
inafter provided,  an  itemized  statement,  showing  in  detail  all  moneys  paid, 
loaned,  contributed,  or  otherwise  furnished  to  him,  or  for  his  use,  directly  or 
indirectly,  in  aid  of  his  election,  and  all  moneys  contributed,  loaned  or  expended 
by  him,  directly  or  indirectly,  by  himself  or  through  any  other  person,  in  aid  of 
his  election.  Such  statement  shall  give  the  names  of  the  various  persons  who 
paid,  loaned,  contributed,  or  otherwise  furnished  such  moneys  in  aid  of  his  elec- 
tion, and  the  names  of  the  various  persons  to  whom  such  moneys  were  contributed, 
loaned,  or  paid,  the  specific  nature  of  each  item,  the  service  performed,  and  by 
whom  performed,  and  the  purpose  for  which  the  money  was  expended,  con- 
tributed, or  loaned.  There  shall  be  attached  to  such  statement  an  affidavit,  sub- 
scribed and  sw'orn  to  by  such  candidate,  which  must  be  substantially  in  the 
following  form : 
State  of  California,    ) 

County  of ,      \ 

I  (name),  having  been  a  candidate  for  the  office  of ,  at  the  election  held  in 

the  county,  city  and  county,  city,  or  other  division,  state  of  California,  on  the 

day  of ,  18 — ,  do  solemnly  swear  that  I  have  paid  the  sum  of  $ for  my 

expenses  at  the  said  election,  and  no  more,  and  that,  except  as  aforesaid,  I  have 
not,  nor  to  the  best  of  my  knowledge  and  belief  has  any  person,  club,  society,  or 
association,  on  my  behalf,  directly  or  indirectly,  made  any  payment,  or  given, 
promised,  or  ofi:ered  any  reward,  office,  employment,  or  valuable  consideration, 
or  incurred  any  liability,  on  account  of  or  in  respect  of  the  conduct  or  manage- 
ment of  the  said  election,  and  except  such  moneys  as  may  have  been  paid  to  or 
expended  by  the  committee  selected  as  prescribed  by  the  act  of  the  legislature 
of  this  state  approved  (date  of  this  act).  And  I  further  solemnly  swear  that, 
except  as  aforesaid,  no  money,  security,  or  equivalent  for  money  has  to  my 
knowledge  or  belief  been  paid,  advanced,  given,  or  deposited  by  any  one,  to  or 
in  the  hands  of  myself,  or  any  other  person,  for  the  purpose  of  defraying  any 
expenses  incurred  on  my  behalf,  or  in  aid  of  my  election,  or  on  account  of  or  in 
respect  of  the  conduct  or  management  of  the  said  election.  And  I  further 
solemnly  swear  that  I  will  not,  at  any  future  time,  make,  or  be  a  party  to  the 
making  or  giving  of,  any  payment,  reward,  office,  employment,  or  valuable  con- 
sideration for  the  purpose  of  defraying  any  such  expenses  as  last  mentioned,  or 
provide  or  be  a  party  to  the  providing  of  any  money,  security,  or  equivalent  for 
money  for  the  purpose  of  defraying  any  such  expenses. 

If  the  candidate  seeks  to  avoid  the  responsibility  of  any  illegal  payment  made 
by  any  other  person  in  his  behalf,  he  shall  set  out  such  illegal  payment  and  dis- 
claim responsibility  therefor.    Candidates  for  office  to  be  filled  by  the  electors  of 


424  PLRITY     OF     ELECTIONS— ITEMIZED     ACCOUNT— PENALTY. 

the  state,  or  of  any  political  division  thereof  greater  than  a  county,  and  for 
members  of  the  senate  and  assembly,  representative  in  Congress,  or  for  members 
of  the  state  board  of  equalization,  state  board  of  railroad  commissioners,  shall 
file  their  statements  in  the  office  of  the  secretary  of  state.  Candidates  for  all 
other  offices  shall  file  their  statements  in  the  office  of  the  clerk  of  the  county 
wherein  the  election  is  held,  and  within  which  the  duties  of  the  office  for  which 
the  candidate  is  voted  for  are  to  be  exercised.  The  statement  and  affidavit  of  a 
committee  or  candidate  shall  be  recorded  in  the  office  of  the  county  recorder,  and 
shall,  after  being  filed,  become  a  public  record,  and  open  at  all  times  to  public 
inspection.  Vouchers  must  be  filed  for  all  expenditures,  except  in  the  case  of 
sums  under  five  dollars. 

§  4.  Any  candidate  for  a  public  office  who  shall  refuse  or  neglect  to  file,  or 
who  makes  a  false  statement  of  moneys  received  or  expended,  as  prescribed  by 
section  three  of  this  act,  shall  in  addition  to  the  punishment  of  such  offense  pre- 
scribed by  the  laws  of  this  state,  forfeit  any  office  to  which  he  may  have  been 
elected  at  the  election  with  reference  to  which  the  statement  is  required  to  be 
made.  If  a  candidate  elected  to  a  public  office  refuses  or  neglects  to  file  the  state- 
ment prescribed  by  section  three  of  this  act,  no  certificate  of  election  shall  be 
issued  to  him,  neither  shall  any  official  bond  presented  or  offered  by  him  be 
approved,  and  the  incumbent  of  the  office,  unless  he  is  himself  a  defaulting  candi- 
date, must  not  surrender  or  deliver  up  said  office,  but  shall  continue  to  discharge 
the  duties  and  shall  receive  the  emoluments  thereof.  If  the  candidate  refusing 
or  neglecting  to  file  the  statement,  or  making  a  false  statement  of  moneys  received 
or  expended,  is  the  incumbent  of  an  office  of  profit  or  trust  under  the  laws  of 
this  state,  in  addition  to  the  punishment  prescribed  by  the  laws  of  this  state  for 
such  refusal  or  neglect,  or  for  making  such  false  statement,  he  shall  be  deprived 
of  his  office,  and  shall  also  forfeit  any  office  to  which  he  may  have  been  elected 
at  the  election  in  reference  to  which  the  statement  is  required  to  be  made. 

§  5.  No  sum  of  money  shall  be  paid  and  no  expense  shall  be  incurred  by  or 
on  behalf  of  a  candidate  at  an  election  held  within  this  state  at  which  he  is  a 
candidate,  or  by  or  on  behalf  of  a  committee  selected  under  the  provisions  of 
section  one  of  this  act,  or  by  or  on  behalf  of  the  body  or  superior  authority  to 
which  such  committee  is  subject,  if  any,  whether  before,  during,  or  after  an  elec- 
tion, on  account  of  or  in  respect  of  the  conduct  or  management  of  such  election, 
except  for  the  expenses  of  holding  and  conducting  public  meetings  for  the  dis- 
cussion of  public  questions,  and  of  printing  and  circulating  specimen  ballots, 
handbills,  cards,  and  other  papers  previous  to  such  election,  and  of  advertising, 
and  of  postage,  expressage,  telegraphing  and  telephoning,  and  of  supervising 
the  registration  of  voters,  and  watching  the  polling  or  counting  of  votes  cast  at 
such  election,  and  of  salaries  of  persons  employed  in  transacting  business  at 
office  or  headquarters  and  necessary  expenses  of  maintaining  same,  and  for  rent 
of  rooms  necessary  for  the  transaction  of  the  business  of  the  candidate  or  com- 
mittee, or  superior  authority  to  which  such  committee  is  subject,  if  any,  and  for 
necessary  incidental  expenses,  which  shall  not  exceed  the  sum  of  one  hundred 
dollars,  if  expended  by  a  candidate,  or  one  thousand  dollars,  if  expended  by  a 
committee ;  and  no  sum  shall  be  paid  and  no  expense  shall  be  incurred,  directly 
or  indirectly,  by  or  on  behalf  of  a  candidate,  whether  before,  during,  or  after 
an  election,  on  account  of  or  in  respect  of  the  conduct  and  management  of 


PURITY     OF    ELECTIONS — AMOUNT    TO     BE    EXPENDED.  425 

an  election  at  which  he  is  a  candidate,  in  excess  of  the  maximum  amount  fol- 
lowing, that  is  to  say :  if  the  term  of  the  office  for  which  the  person  is  a  can- 
didate be  for  one  year  or  less,  five  per  centum  of  the  amount  of  one  year's 
salary  of  the  office ;  if  the  term  be  for  more  than  one  year,  and  not  more  than 
two  years,  ten  per  centum  of  the  amount  of  one  year's  salary  of  the  office; 
if  the  term  be  for  more  than  two  years,  and  not  more  than  three  years,  fifteen 
per  centum  of  the  amount  of  one  year's  salary  of  the  office;  if  the  term  be 
for  more  than  three  years,  and  not  more  than  four  years,  twenty  per  centum 
of  the  amount  of  one  year's  salary  of  the  office;  if  the  term  be  for  more  than 
four  years,  ten  per  centum  of  the  amount  of  one  year's  salary  of  the  office; 
if  the  office  be  one  for  which,  in  lieu  of  salary,  there  is  allowed  per  diem,  for 
a  statutory  period,  or  for  the  number  of  days  actually  engaged  in  the  per- 
formance of  public  duties,  twenty-five  per  centum  of  the  amount  to  accrue 
for  the  statutory  period;  if  the  office  be  one  for  which,  in  lieu  of  salary,  a 
yearly  sum  is  allowed  the  officer  for  all  the  expenses  of  his  office,  the  expendi- 
tures of  the  candidate  for  such  office  shall  not  exceed  the  amount  of  ten  per 
centum  of  the  allowance  for  such  office  for  one  year;  if  the  office  be  one  for 
which  no  salary  or  compensation  is  allowed  except  fees,  or  a  salary  not  exceed- 
ing nine  hundred  dollars  per  annum  and  fees,  the  expenditures  of  the  can- 
didate for  such  office  shall  not  exceed  the  amount  of  one  hundred  and  fifty 
dollars;  if  the  office  be  one  for  which  no  salary  or  compensation  is  allowed, 
or  for  which  a  per  diem  is  allowed  for  the  days  actually  employed  in  the 
performance  of  a  public  duty,  the  expenditures  of  the  candidate  for  such 
office  shall  not  exceed  one  hundred  dollars;  if  the  candidate  is  also  at  the 
same  time  a  candidate  for  an  unexpired  term,  he  shall  not  pay  or  expend  any 
sum  on  account  of  such  unexpired  term,  but  the  maximum  amount  to  be 
expended  by  such  candidate  shall  be  as  hereinabove  provided. 

§  6.  Every  claim  payable  by  the  committee  selected  under  the  provisions 
of  section  one  of  this  act  on  account  of  or  in  respect  of  any  expense  incurred 
in  the  conduct  and  management  of  an  election  held  wnthin  this  state,  or  on 
behalf  of  the  candidates  of  the  political  party,  organized  assemblage,  or  body 
which  such  committee  represents,  must  be  presented  to  the  committee  within 
ten  days  after  the  return  day  of  the  election,  and  if  not  so  presented,  the  same 
shall  not  be  paid,  and  no  action  shall  be  commenced  or  maintained  thereon, 
and  all  expenses  incurred  as  aforesaid  shall  be  paid  within  fifteen  days  after 
the  completion  of  such  official  canvass,  and  not  otherwise.  Every  claim  in 
respect  of  any  expenses  incurred  by  or  on  behalf  of  a  candidate  at  an  elec- 
tion held  within  this  state  on  account  of  or  in  respect  of  the  conduct  or 
management  of  such  election  shall  be  presented  to  such  candidate  within 
ten  days  after  the  day  of  election,  and  if  not  so  presented,  the  same  shall  not 
be  paid,  and  no  action  shall  be  instituted  or  maintained  thereon ;  and  all  such 
expenses  incurred  as  aforesaid  must  be  paid  within  twelve  days  after  the 
day  of  election,  and  not  otherwise.  Any  person  who  makes  a  payment  in  con- 
travention of  this  section,  except  where  such  payment  is  allowed,  as  pro- 
vided by  this  act,  is  guilty  of  a  misdemeanor. 

§  7.  The  superior  court  of  the  county  wherein  such  statement  is  filed  or 
is  required  to  be  filed,  may,  on  the  application  of  either  the  committee  or 
candidate,  or  a  creditor  of  either,  allow  any  claim,  not  in  excess  of  the  maximum 


426  PURITY     OF    ELECTIONS— PAYMENT     OF    MONEYS. 

amount  allowed  by  this  act,  to  be  presented  and  paid  after  the  time  limited 
by  this  act;  and  a  statement  of  any  sum  so  paid,  with  a  certificate  of  its  allow- 
ance, shall  forthwith,  after  payment,  be  filed  by  the  committee  or  candidate 
in  the  same  office  as  the  original  statement  of  the  committee  or  candidate. 
If  the  candidate  or  committeee,  upon  such  application,  shall  show  to  the 
satisfaction  of  said  court  that  any  error  or  false  recital  in  such  statement  or 
affidavit,  or  that  the  failure  to  make  such  statement  or  affidavit,  or  to  present, 
within  the  designated  time,  a  claim  otherwise  Just  and  proper,  has  been 
occasioned  by  the  absence  or  illness  of  such  candidate,  or  by  the  absence, 
illness  or  death  of  one  or  more  members  of  such  committee,  or  by  the  mis- 
conduct of  any  person  other  than  such  applicant,  or  by  inadvertence  or  ex- 
cusable neglect,  or  of  any  reasonable  cause  of  a  like  manner,  and  not  by 
reason  of  any  want  of  good  faith  on  the  part  of  the  applicant,  the  court  may, 
after  such  notice  of  the  application  as  the  court  shall  require,  and  on  the 
production  of  such  evidence  of  the  facts  stated  in  the  application  as  shall 
be  satisfactory  to  such  court,  by  order,  allow  such  statement  and  affidavit  to 
be  filed,  or  such  error  or  false  recital  therein  to  be  corrected,  or  such  claims 
to  be  paid,  as  to  the  court  seems  just;  and  such  order  shall  relieve  the  appli- 
cant from  any  liability  or  consequences  under  this  act  in  respect  of  the  matters 
excused  by  the  order.  If  the  application  is  made  by  a  creditor,  the  court  may, 
under  like  conditions  and  upon  a  like  showing,  order  the  claim  to  be  paid, 
and  the  creditor  shall  also  be  entitled  to  his  costs.  The  claims  of  one  or  more 
creditors  may  be  united  in  such  application,  but  the  amount  and  specific 
nature  of  each  claim  must  be  fully  stated. 

§  8.  No  payment  of  money  shall  be  made  and  no  expense  shall  be  incurred 
by  any  person  in  aid  of,  or  for  or  on  behalf  of,  any  candidate,  or  on  account  of 
or  in  respect  of  the  conduct  or  management  of  an  election  held  within  this 
state,  except  by  a  candidate  or  the  committee  selected  under  the  provisions 
of  section  one  of  this  act,  or  the  committee,  body,  or  superior  authority  to 
which  such  committee  is  subject;  and  all  expenses  incurred  by  the  commit- 
tee, body,  or  superior  authority  to  which  the  said  committee  is  subject  shall 
be  paid  only  from  the  fund  in  the  custody  of  the  said  committee  so  selected, 
as  required  by  this  act.  Any  contract  for  the  payment  of  money  or  any 
expenses  incurred  contrary  to  the  provisions  of  this  section  shall  be  absolutely 
void. 

§  9.  No  payment  of  any  money  shall  be  made  by  a  committee  or  candidate 
for  the  rent  of  any  premises  to  be  used  as  a  committee-room  or  headquarters, 
or  for  holding  a  meeting,  or  for  the  purpose  of  promoting  the  election  of  a 
candidate,  or  on  account  of,  or  in  respect  to  the  conduct  or  management  of, 
an  election,  where  intoxicating  liquors  are  sold  for  consumption  on  the  prem- 
ises, or  where  intoxicating  liquor  is  supplied  to  members  of  any  club,  society, 
or  association;  provided,  that  nothing  in  this  section  shall  apply  to  any  part 
of  such  premises  which  is  ordinarily  let  for  the  purpose  of  offices,  or  for 
holding  public  meetings,  if  such  part  has  a  separate  entrance  and  no  direct 
communication  with  any  part  of  the  premises  on  which  any  intoxicating 
liquor  or  refreshment  is  sold  or  supplied  as  aforesaid. 

§  10.  Every  bill,  placard,  poster,  pamphlet,  or  other  printed  matter  having 
reference  to  an  election,  or  to  any  candidate,  shall  bear  upon  the  face  thereof 


PURITY     OF    £:L,E:CTI0NS — L.E:NDING,    etc.,    to    AJVY     person.  437 

the  name  and  address  of  the  printer  and  publisher  thereof,  and  no  payment 
therefor  shall  be  made  or  allowed  unless  such  address  is  so  printed. 

§  11.  "Whenever  any  candidate  for  a  public  office  paj's,  lends,  or  contrib- 
utes, or  offers  or  agrees  to  pay,  lend,  or  contribute,  any  money  or  other  valuable 
consideration  to  or  for  any  person,  either  for : 

1.  The  doing  or  procuring  to  be  done  of  any  act  forbidden  to  be  done  by 
the  laws  of  this  state  relating  to  public  elections ;  or 

2.  The  commission  of  any  crime  or  offense  against  the  elective  franchise, 
or  the  encouragement  or  assistance  of  a  person  in  the  commission  of  a  crime 
or  offense  against  the  elective  franchise,  or  aiding  or  assisting  any  person 
charged  with  the  commission  of  a  crime  against  the  elective  franchise  to 
evade  arrest  or  to  escape  conviction  and  punishment  for  such  crime  or  offense ; 
or 

3.  Providing  wholly  or  in  part  the  expense  of  boarding,  lodging,  or  main- 
taining a  person  at  any  place  or  domicile  in  any  election  precinct  or  ward 
or  district  with  the  purpose  of  securing  the  vote  of  such  person  for  himself 
or  any  other  person  at  an  election  held  within  the  state;  or 

4.  The  hiring  or  employment  of  a  person  to  take  or  maintain  a  place  in, 
or  to  otherwise  obstruct  or  hinder,  or  to  prevent  the  forming  of,  the  line  of 
voters  awaiting  their  opportunity  or  time  to  enter  the  polling-place  or  election- 
booth  of  an  election  precinct;  or 

5.  For  services  rendered  in  securing  his  nomination  for  the  office  for  which 
he  is  a  candidate,  or  for  placing  his  name  upon  any  list  of  nominees,  filed 
with  a  public  officer  authorized  to  receive  certificates  of  nomination,  except 
the  cost  or  expense  authorized  by  the  Political  Code  to  be  contributed  by  a 
candidate  for  nomination  to  defray  the  legal  and  authorized  expenses  of  a 
primary  election;  and  except,  also,  the  cost  or  expense  of  circulating  a  nomi- 
nating petition  for  signatures  of  voters,  or  in  consideration  of  any  member 
of  a  convention,  organized  assemblage  of  delegates,  or  other  body  representing 
or  claiming  to  represent  a  political  party  or  principle,  having  voted  to  secure 
for  him  his  selection  or  indorsement  as  the  nominee  of  such  convention,  organ- 
ized assemblage,  or  body,  for  the  office  for  which  he  is  a  candidate,  or  in 
consideration  of  any  person  aiding  him  in  secuiing  his  election  or  indorsement 
as  aforesaid;  or 

6.  In  consideration  of  any  person  withdrawing  as  a  candidate  for  public 
office  or  presidential  elector  at  any  election  held  within  this  state ;  or 

7.  For  any  purpose  in  contravention  of  the  provisions  of  this  act ;  or 

8.  For  any  purpose  whatever  in  excess  of  the  maximum  amount  which  such 
candidate  may  lawfully  expend  under  the  provisions  of  this  act;  or 

9.  Makes  any  payment  after  the  time  limited  by  this  act,  unless  the  same 
is  authorized  as  provided  in  this  act ;  or  unless  it  be  in  satisfaction  of  a  judg- 
ment obtained  against  him,  whether  before,  during,  or  after  an  election,  in 
respect  of  or  on  account  of  such  election,  or  who  refuses  or  neglects  to  file 
the  statement  prescribed  by  section  three  of  this  act,  or  who  makes  or  files 
a  false  statement  thereof,  or  is  guilty  of  any  crime  against  the  elective  fran- 
chise, or  of  any  offense  which  is  punishable  by  fine  or  imprisonment,  or  both, 
under   the   provisions   of  this   act — ^such   candidate   shall,   in   addition   to   ttie 


428  PURITY    OF    ELECTIONS— CONTEST    OF    ELECTION. 

punishment  prescribed  by  the  laws  of  this  state  or  by  this  act,  forfeit  any 
office  to  which  he  may  have  been  elected  at  the  election  in  reference  to  which 
such  crime  or  offense  was  committed ;  and  if  the  candidate  so  offending  is  the 
incumbent  of  an  office  of  profit  or  trust  under  the  laws  of  this  state,  he  shall 
thereby  forfeit  his  office.  Any  candidate  who  procures,  aids,  assists,  counsels 
or  advises  the  payment  of  any  money  or  other  valuable  thing  by  or  on  behalf 
of  a  committee  selected  under  the  provisions  of  section  one  of  this  act,  and 
such  payment  is  made  for  any  purpose  which,  if  the  money  were  expended 
by  the  candidate,  would  work  a  forfeiture  of  the  office  to  which  he  has 
been  elected,  such  payment  shall  be  deemed  to  have  been  made  by  such  can- 
didate, and  he  shall  forfeit  any  office  to  which  he  may  have  been  elected  at 
the  election  in  reference  to  which  such  payment  was  made  by  or  on  behalf 
of  such  committee. 

§  12,  Any  elector  of  the  state,  or  of  any  county,  city  and  county,  city  or 
of  any  political  subdivision  of  either,  may  contest  the  right  of  any  person 
declared  elected  to  an  office  to  be  exercised  therein  for  any  of  the  causes  or 
offenses  named  in  this  act,  or  to  annul  and  set  aside  the  election  of  any  person 
declared  elected  to  an  office  to  be  exercised  therein  who  has  forfeited  his 
office  for  any  offense  committed  in  contravention  of  this  act.  In  such  a  pro- 
ceeding the  provisions  of  title  two  of  part  three  of  the  Code  of  Civil  Procedure 
of  the  state  of  California,  relating  to  the  proceedings  of  contesting  certain 
elections,  so  far  as  they  are  not  inconsistent  with  the  provisions  of  this  act, 
are  applicable  to  proceedings  authorized  by  this  section.  If  the  contest  or 
proceedings  be  as  to  the  right  of  any  person  declared  elected  to  the  office  of 
senator  or  member  of  the  assembly,  the  provisions  of  sections  two  hundred  and 
seventy-three  to  two  hundred  and  eighty-three,  both  inclusive,  of  the  Political 
Code  of  this  state  shall  govern  and  control  the  conduct  and  disposition  of  such 
contest  or  proceeding.  If  the  contest  be  as  to  the  right  of  any  person  de- 
clared elected  to  the  office  of  governor  or  lieutenant-governor,  such  proceedings 
shall  be  had  as  are  provided  by  sections  two  hundred  and  eighty-eight  to  two 
hundred  and  ninety-five,  both  inclusive,  of  the  Political  Code  of  this  state, 
and  shall  govern  and  control  the  conduct  and  disposition  of  such  proceeding. 
Any  offense  mentioned  in  this  act  which,  if  committed  by  the  incumbent  of  an 
office,  othor  than  member  of  the  senate  or  assembly,  or  governor  or  lieutenant- 
governor,  or  any  other  office  named  in  section  eighteen  of  article  four  of  the 
constitution  of  this  state,  is  cause  of  removal  of  such  officer  from  his  office, 
and  is  hereby  declared  to  be  a  misdemeanor  in  office,  within  the  meaning  of  the 
constitution  of  this  state ;  and  for  any  such  misdemeanor  in  office,  the  governor, 
lieutenant-governor,  or  other  officer  mentioned  in  said  section  eighteen  of 
article  four  of  the  constitution,  is  liable  to  impeachment.  For  any  such 
misdemeanor  in  office  committed  by  a  member  of  the  senate  or  assembly  of  this 
state,  with  the  concurrence  of  two  thirds  of  the  members  elected,  such  mem- 
ber may  be  expelled.  If  the  proceeding  is  against  the  incumbent  of  an  office 
of  profit  or  trust  under  the  laws  of  this  state,  other  than  member  of  the  senate 
or  assembly,  or  governor  or  lieutenant-governor,  or  other  officer  liable 
to  impeachment,  to  remove  him  from  or  deprive  him  of  his  office  for  any 
offense  in  contravention  of  the  provisions  of  this  act,  the  provisions  of  sections 
seven  hundred  and  fifty-eight  to  seven  hundred  and  seventy-two,  both  inclu- 


PURITY    OF    ELECTIONS— ACTION    TO    CONTEST.  420 

sive,  of  the  Penal  Code  of  the  state  of  California  shall  be  applicable  to  such 
proceedings. 

§  13.  Where,  upon  the  trial  of  any  action  or  proceeding  under  the  provi- 
sions of  this  act  for  the  contesting  of  the  right  of  any  person  declared  elected 
to  an  office,  or  to  annul  and  set  aside  such  election,  or  to  remove  a  person  from 
his  office,  it  appears  from  the  evidence  that  the  offense  complained  of  was  not 
committed  by  the  candidate,  or  with  his  knowledge  or  consent,  or  was  com- 
mitted without  his  sanction  or  connivance,  and  that  all  reasonable  means  for 
preventing  the  commission  of  such  offenses  at  such  election  were  taken  by 
and  on  behalf  of  the  candidate,  or  that  the  offenses  complained  of  were  trivial, 
unimportant,  and  limited  in  character,  and  that  in  all  other  respects  his  par- 
ticipation in  the  election  was  free  from  such  offenses  or  illegal  acts,  or  that  any 
act  or  omission  of  the  candidate  arose  from  inadvertence  or  from  accidental 
miscalculation,  or  from  some  other  reasonable  cause  of  a  like  nature,  and  in 
any  case  did  not  arise  from  any  want  of  good  faith,  and  under  the  circum- 
stances it  seems  to  the  court  to  be  just  that  the  said  candidate  should  not 
forfeit  his  office,  or  be  deprived  of  any  office  of  which  he  is  the  incumbent, 
then  the  election  of  such  candidate  shall  not,  by  reason  of  such  offense  or 
omission  complained  of,  be  void,  nor  shall  the  candidate  be  removed  from  or 
deprived  of  his  office. 

§  14.  An  action  to  contest  the  right  of  any  person  declared  elected  to  an 
office,  or  to  annul  and  set  aside  such  election,  or  to  remove  from  or  deprive 
any  person  of  an  office  of  which  he  is  the  incumbent,  for  any  offense  mentioned 
in  this  act,  must,  unless  a  different  time  be  stated,  be  commenced  within  forty 
days  after  the  return  day  of  the  election  at  which  such  offense  was  committed ; 
or  unless  the  ground  of  the  action  or  proceeding  is  the  illegal  payment  of 
money  or  other  valuable  thing  subsequent  to  the  filing  of  the  statement  pre- 
scribed by  section  three  of  this  act,  in  which  case  the  action  or  proceeding  may 
be  commenced  at  any  time  after  such  illegal  payment.  A  contest  of  the  office 
of  governor  or  lieutenant-governor,  or  member  of  the  senate  or  assembly, 
must  be  commenced  within  twenty  days  after  the  certificate  of  election  is 
issued  or  the  declaration  of  the  result  of  the  election. 

§  15.  An  application  for  filing  a  statement,  payment  of  a  claim,  or  correc- 
tion of  an  error  or  false  recital  in  a  statement  filed,  or  an  action  or  pro- 
ceeding to  annul  and  set  aside  the  election  of  any  person  declared  elected  to 
an  office,  or  to  remove  or  deprive  any  person  of  his  office  for  an  offense  men- 
tioned in  this  act,  must  be  made  to  or  commenced  in  the  superior  court  of 
the  county  in  which  the  certificate  of  his  nomination  as  a  candidate  for  the 
office  to  which  he  is  declared  elected  or  is  the  incumbent  is  filed,  or  would  be 
filed,  under  any  law  enacted  subsequent  to  the  first  day  of  January,  eighteen 
hundred  and  ninety-one,  had  such  law  been  in  force  at  the  time  he  was  a  candi- 
date. 

§  16.  A  candidate  elected  to  an  office,  and  whose  election  thereto  has  been 
annulled  and  set  aside  for  any  offense  mentioned  in  this  act,  shall  not,  during 
the  period  fixed  by  law  as  the  term  of  such  office,  be  appointed  to  fill  any 
vacancy  which  may  occur  in  such  office.  A  candidate  or  other  person  who  is 
removed  from  or  deprived  of  his  office  for  any  offense  mentioned  in  this  act 


4od  PURITV    OF    ELECTIONS— BREACH    OF    ACT — PENALTY. 

shall  not,  during  the  period  remaining  as  the  unexpired  term  of  such  office, 
or  during  the  period  fixed  by  law  as  the  next  ensuing  term  of  such  office,  be 
appointed  to  fill  any  vacancy  which  may  occur  in  such  office.  Any  appoint- 
ment to  an  office  made  in  violation  of  or  contrary  to  the  provisions  of  this  sec- 
tion shall  be  void. 

§  17.  Every  offense  mentioned  in  this  act  which  is  punishable  by  imprison- 
ment in  the  state  prison  is  hereby  declared  to  be  an  infamous  crime,  and  when 
any  person  is  convicted  of  an  offense  herein  declared  to  be  an  infamous  crime, 
he  shall,  in  addition  to  the  punishment  prescribed  by  the  laws  of  this  state 
for  such  offense,  be  excluded  from  the  right  of  suffrage  after  such  conviction ; 
and  it  shall  be  the  duty  of  the  county  clerk  of  the  county  in  which  any  such 
conviction  shall  be  had  to  transmit  a  certified  copy  of  the  record  of  conviction 
to  the  clerk  of  each  county  of  the  state  within  ten  days  thereafter,  which  said 
certified  copy  shall  be  duly  filed  by  the  said  county  clerks  in  their  respective 
offices,  and  a  record  of  such  must  be  made,  and  such  record  shall  be  a  public 
record,  and  open  to  the  inspection  of  any  citizen. 

§  18.  If  the  district  attorney  of  the  county  shall  be  notified  by  any  officer 
or  other  person  of  any  violation  of  any  of  the  provisions  of  this  act,  it  shall 
be  his  duty  forthwith  to  diligently  inquire  into  the  facts  of  such  violation, 
and  if  there  is  reasonable  ground  for  instituting  a  prosecution,  it  shall  be 
the  duty  of  such  district  attorney  to  file  a  complaint  or  accusation,  in  writing, 
before  a  court  of  competent  jurisdiction,  charging  the  accused  person  of  such 
offense,  and  shall  verify  such  complaint  by  affidavit;  but  it  shall  be  sufficient 
to  state  in  such  affidavit  that  he  believes  the  facts  stated  in  such  complaint 
to  be  true.  If  any  district  attorney  shall  fail  or  refuse  to  faithfully  perform 
any  duty  imposed  upon  him  by  this  act,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  forfeit  his  office.  It  shall  be  the 
duty  of  the  district  attorney,  under  penalty  of  forfeiture  of  his  office,  to 
prosecute  any  and  all  persons  guilty  of  any  violation  of  the  provisions  of  this 
act,  the  penalty  of  which  is  fine  or  imprisonment,  or  both,  or  removal  from 
office.  Any  citizen  may  employ  an  attorney  to  assist  the  district  attorney  to 
perform  his  duties  under  this  act,  and  such  attorney  shall  be  recognized  by 
the  district  attorney  and  the  court  as  associate  counsel  in  the  proceeding;  and 
no  prosecution,  action,  or  proceeding  shall  be  dismissed  without  notice  to,  or 
againsi;  the  objection  of,  such  associate  counsel  until  the  reasons  of  the  district 
attorney  for  such  dismissal,  together  with  the  objections  thereto  of  said  asso- 
ciate counsel,  shall  have  been  filed  in  writing,  argued  by  counsel,  and  fully 
considered  by  the  court,  with  such  limitation  as  to  the  time  of  filing  such 
reasons  and  objections  as  the  court  may  impose. 

§  19.  It  shall  be  unlawful  for  any  person,  directly  or  indirectly,  by  himself 
or  through  any  other  person, — 

1.  To  pay,  lend,  or  contribute,  or  offer  or  promise  to  pay,  lend,  or  con- 
tribute, any  money  or  other  valuable  consideration,  to  or  for  any  voter,  or  to 
or  for  any  other  person,  to  induce  such  voter  to  vote  or  refrain  from  voting 
at  any  election,  or  to  induce  any  voter  to  vote  or  refrain  from  voting  at  such 
election,  for  any  particular  person  or  persons,  or  to  induce  such  voter  to  come 
to  the  polls  or  remain  away  from  the  polls  at  such  election,  or  on  account  of 
xuch  voter  having  voted  or  refrained  from  voting,  or  having  voted  or  refrained 


PURITY     OF    ELECTIONS— THINGS     UNLAWFUL     TO     DO.  431 

from  voting  for  any  particular  person,  or  having  come  to  the  polls  or  remained 
away  from  the  polls,  at  such  election. 

2.  To  give,  offer,  or  promise  any  offtce,  place,  or  employment,  or  to  promise 
to  procure,  or  endeavor  to  procure,  any  office,  place,  or  employment,  to  or  for 
any  voter,  or  to  or  for  any  other  person,  in  order  to  induce  such  voter  to  vote 
or  refrain  from  voting  at  any  election,  or  to  induce  any  voter  to  vote  or  refrain 
from  voting  at  such  election  for  any  particular  person  or  persons. 

3.  To  make  any  gift,  loan,  promise,  oiler,  procurement,  or  agreement,  as 
aforesaid,  to,  for,  or  with  any  person,  in  order  to  induce  such  person  to  pro- 
cure, or  endeavor  to  procure,  the  election  of  any  person,  or  the  vote  of  any 
voter  at  any  election. 

4.  To  procure,  or  engage,  promise,  or  endeavor  to  procure,  in  consequence 
of  any  such  gift,  loan,  offer,  promise,  procurement,  or  agreement,  the  election 
of  any  person,  or  the  vote  of  any  voter  at  such  election. 

5.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other  valuable 
thing  to  or  for  the  use  of  any  other  person,  with  the  intent  that  the  same,  or 
any  part  thereof,  shall  be  used  in  bribery  at  any  election ;  or  to  knowingly  pay, 
or  cause  to  be  paid,  any  money,  or  other  valuable  thing,  to  any  person  in  dis- 
charge or  repayment  of  any  money,  wholly  or  in  part,  expended  in  bribery  at 
any  election. 

6.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other  valuable 
thing  to  or  for  the  use  of  any  other  person,  with  the  intent  that  the  same,  or 
any  part  thereof,  shall  be  used  for  boarding,  lodging,  or  maintaining  a  person 
at  any  place  or  domicile  in  any  election  precinct,  or  ward,  or  district,  with 
intent  to  secure  the  vote  of  such  person,  or  to  induce  such  person  to  vote  for 
any  particular  person  or  persons  at  any  election. 

7.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other  valuable 
thing  to  or  for  the  use  of  any  other  person,  with  the  intent  that  the  same, 
or  any  part  thereof,  shall  be  used  to  aid  or  assist  any  person  to  evade  arrest 
who  is  charged  with  the  commission  of  a  crime  against  the  elective  franchise, 
for  which,  if  the  person  were  convicted,  the  punishment  would  be  imprison- 
ment in  the  state  prison. 

8.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other  valuable 
thing  to  or  for  the  use  of  any  other  person,  in  consideration  of  being  selected 
or  indorsed  as  the  candidate  of  any  convention,  organized  assemblage  of  dele- 
gates, or  other  body,  representing,  or  claiming  to  represent,  a  political  party 
or  principle,  or  any  club,  society,  or  association,  for  a  public  office,  or  in 
consideration  of  the  selection  or  indorsement  of  any  other  person  as  a  candi- 
date for  public  office,  or  in  consideration  of  any  member  of  a  convention,  club, 
society,  or  association  having  voted  to  select  or  indorse  any  person  as  a  candi- 
date for  a  public  office,  except  that  a  candidate  for  nomination  to  a  public 
office  may  contribute  such  proportion  of  the  cost  and  expense  of  holding  a 
primary  election  as  is  authorized  by  the  Political  Code  of  this  state,  and  no 
more. 

9.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other  valuable 
thing  to  or  for  the  use  of  any  other  person,  in  consideration  of  a  person  with- 
drawing as  a  candidate  for  a  public  office. 

Every  person  who  commits  any  of  the  offenses  mentioned  in  this  section  is 


433  PURITV     OF     ELECTIONS — THINGS     UNLAWFUL     TO     DO. 

punishable,  upon  conviction  thereof,  by  imprisonment  in  the  state  prison  for 
not  less  than  one  year  nor  more  than  seven  years.  (See  Kerr's  Cyc.  Penal 
Code,  §  54b.) 

§  20.  It  shall  be  unlawful  for  any  person,  directly  or  indirectly,  by  himself, 
or  through  any  other  person, — 

1.  To  receive,  agree,  or  contract  for,  before  or  during  an  election,  any 
money,  gift,  loan,  or  other  valuable  consideration,  office,  place,  or  employment, 
for  himself  or  any  other  person,  for  voting  or  agreeing  to  vote,  or  for  coming 
or  agreeing  to  come  to  the  polls,  or  for  refraining  or  agreeing  to  refrain  from 
voting,  or  for  voting  or  agreeing  to  vote,  or  refraining  or  agreeing  to  refrain 
from  voting,  for  any  particular  person  or  persons  at  any  election. 

2.  To  receive  any  money  or  other  valuable  thing,  during  or  after  an  elec- 
tion, on  account  of  himself  or  any  other  person  having  voted  or  refrained  from 
voting,  for  any  particular  person  or  persons  at  such  election,  or  on  account  of 
himself  or  any  other  person  having  come  to  the  polls  or  remained  away  from 
the  polls  at  such  election,  or  on  account  of  having  induced  any  other  person  to 
vote  or  refrain  from  voting,  or  to  vote  or  refrain  from  voting  for  any  particular 
person  or  persons,  or  to  come  to  or  remain  away  from  the  polls  at  such  election. 

3.  To  receive  any  money  or  other  valuable  thing,  before,  during,  or  after 
election,  on  account  of  himself  or  any  other  person  having  voted  to  secure 
the  election  or  indorsement  of  any  other  person  as  the  nominee  or  candidate 
of  any  convention,  organized  assemblage  of  delegates,  or  other  body  repre- 
senting, or  claiming  to  represent,  a  political  party  or  principle,  or  any  club, 
society,  or  association,  or  on  account  of  himself  or  any  other  person  having 
aided  in  securing  the  selection  or  indorsement  of  any  other  person  as  a  nominee 
or  candidate  as  aforesaid. 

Every  person  who  commits  any  of  the  offenses  mentioned  in  this  section 
is  punishable,  upon  conviction,  by  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  seven  years.  (See  Kerr's  Cyc.  Penal  Code, 
§54a.) 

§  21.  Every  person  who  wilfully  causes,  procures,  or  allows  himself  to  be 
registered  in  the  precinct  register  or  great  register  of  any  county  or  city  and 
county,  knowing  himself  not  to  be  entitled  to  such  registration,  is  punishable 
by  imprisonment  in  the  state  prison  for  not  less  than  one  nor  more  than  three 
years.     (See  Kerr's  Cyc.  Penal  Code,  §  42.) 

§  22.  Every  person  who  wilfully  causes,  procures,  or  allows  any  other 
person  to  be  registered  in  the  precinct  register  or  great  register  of  any 
county,  or  city  and  county,  knowing  such  person  not  to  be  entitled  to  such 
registration,  is  punishable  by  imprisonment  in  the  state  prison  for  not  less 
than  one  year  nor  more  than  three  years.  (See  Kerr's  Cyc.  Penal  Code, 
§  42a.) 

§  23.  Every  person  not  entitled  to  vote  who  fraudulently  votes,  and  every 
person  who  votes  more  than  once,  at  any  one  election ;  or  knowingly  hands  in 
two  or  more  tickets  folded  together,  or  changes  any  ballot  after  the  same  has 
been  deposited  in  the  ballot-box,  or  adds,  or  attempts  to  add,  any  ballot  to 
those  legally  polled  at  any  election,  either  by  fraudulently  introducing  the 
Rame  into  the  ballot-box  before  or  after  the  ballots  therein  have  been  counted, 
or  adds  to  or  mixps  with,  or  attempts  to  add  to  or  mix  with,  the  ballots  lawfully 


PURITY    OF    ELECTIONS— FRAUDULENT     VOTING,    ETC.— PEN  ALT  V.  433 

polled,  other  ballots,  while  the  same  are  being  counted  or  canvassed,  or  at 
any  other  time,  with  intent  to  change  the  result  of  such  election;  or  carries 
away  or  destroys,  or  attempts  to  carry  away  or  destroy,  any  poll  list,  or  bal- 
lots, or  ballot-box  for  the  purpose  of  breaking  up  or  invalidating  such  elec- 
tion; or  wilfully  retains,  mutilates,  or  destroys  any  election  returns;  or  in 
any  manner  so  interferes  with  the  officers  holding  such  election  or  conducting 
such  canvass,  or  with  the  voters  lawfully  exercising  their  rights  of  voting  at 
such  election,  as  to  prevent  such  election  or  canvass  from  being  fairly  had  and 
lawfully  conducted, — is  punishable  by  imprisonment  in  the  state  prison  for 
not  less  than  two  nor  more  than  seven  years. 

§  24.  Every  person  not  entitled  to  vote  who  fraudulently  attempts  to  vote, 
or  who,  being  entitled  to  vote,  attempts  to  vote  more  than  once,  at  any  election, 
or  who  personates  or  attempts  to  personate  a  person  legally  entitled  to  vote, 
is  punishable  by  imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  two  years.     (See  Kerr's  Cyc.  Penal  Code,  §46.) 

§  25.  Every  person  who  gives  or  offers  a  bribe  to  any  officer  or  member  of 
any  legislative  caucus,  political  convention,  committee,  primary  election,  or 
political  gathering  of  any  kind,  held  for  the  purpose  of  nominating  candidates 
for  offices  of  honor,  trust,  or  profit  in  this  state,  with  intent  to  influence  the 
person  to  whom  such  bribe  is  given  or  offered  to  be  more  favorable  to  one 
candidate  than  to  another,  and  every  person,  member  of  either  of  the  bodies 
in  this  section  mentioned,  who  receives  or  offers  to  receive  any  such  bribe,  is 
punishable  by  imprisonment  in  the  state  prison  for  not  less  than  one  nor  more 
than  seven  years. 

§  26.  Every  officer  or  clerk  of  election  who  aids  in  changing  or  destroying 
any  poll  list  or  official  ballot,  or  in  placing  any  ballots  in  the  ballot-box,  or  in 
taking  any  therefrom,  or  adds,  or  attempts  to  add,  any  ballots  to  those  legally 
polled  at  such  election,  either  by  fraudulently  introducing  the  same  into  the 
ballot-box  before  or  after  the  ballots  therein  have  been  counted,  or  adds  to  or 
mixes  with,  or  attempts  to  add  to  or  mix  with,  the  ballots  polled,  any  other 
ballots,  while  the  same  are  being  counted  or  canvassed,  or  at  any  other  time, 
with  intent  to  change  the  result  of  such  election,  or  allows  another  to  do  so, 
when  in  his  power  to  prevent  it,  or  carries  away  or  destroys,  or  knowingly 
allows  another  to  carry  away  or  destroy,  any  poll  list,  ballots,  ballot-box,  or 
ballots  lawfully  polled,  is  punishable  by  imprisonment  in  the  state  prison  for 
not  less  than  two  nor  more  than  seven  years.  (See  Kerr's  Cyc.  Penal  Code, 
§  57a.) 

§  27.  Every  person  who  forges  or  counterfeits  returns  of  an  election  pur- 
porting to  have  been  held  at  a  precinct,  town,  or  ward  where  no  election  was 
in  fact  held,  or  wilfully  substitutes  forged  or  counterfeit  returns  of  election 
in  the  place  of  true  returns  for  a  precinct,  town,  or  ward  where  an  election 
was  actually  held,  is  punishable  by  imprisonment  in  the  state  prison  for  a 
term  not  less  than  two  nor  more  than  seven  years.  Every  person  who  wilfully 
adds  to  or  subtracts  from  the  votes  actually  cast  at  an  election,  in  any  official 
or  unofficial  returns,  or  who  alters  such  returns,  is  punishable  by  imprisonment 
in  the  state  prison  for  not  less  than  one  nor  more  than  five  years.  (See  Kerr's 
Cyc.  Penal  Code,  §§  50,  51.) 

Gen.  Laws — 28 


434  PUKITY     OF    ELECTIONS — FRAUDULENT    VOTING,    ETC. — PENALTV. 

§  28.  Every  person  who  aids,  assists,  counsels,  or  advises  another  to  give 
or  offer  his  vote  at  any  election,  knowing  that  the  persoa  is  not  qualified  to 
vote,  or  who  aids  or  abets  in  the  commission  of  any  of  the  offenses  mentioned 
in  the  preceding  sections,  is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  two  years.     (See  Kerr's  Cyc.  Penal  Code,  §  47.) 

§  29.  Every  person  charged  with  the  performance  of  any  duty  under  the 
provisions  of  any  law  of  this  state  relating  to  elections,  who  wilfully  neglects 
or  refuses  to  perform  it,  or  who,  in  his  official  capacity,  knowingly  and  fraudu- 
lently acts  in  contravention  or  violation  of  any  of  the  provisions  of  such  laws, 
is,  unless  a  different  punishment  for  such  acts  or  omissions  is  prescribed  by 
the  code  of  this  state,  punishable  by  fine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  in  the  state  prison  not  exceeding  five  years,  or 
by  both. 

§  30.  Every  person  who,  being  a  member  of  the  committee  selected  as  pre- 
scribed in  section  one  of  this  act,  or  a  candidate  for  a  public  office  at  an 
election,  makes  and  files  any  false  statement  of  moneys  received  and  expended 
on  account  of  or  in  respect  of  the  conduct  and  management  of  the  election 
in  reference  to  which  such  statement  is  filed,  is  guilty  of  perjury,  and  is 
punishable  by  imprisonment  in  the  state  prison  for  not  less  than  one  year  nor 
more  than  seven  years. 

§  31.  Every  person  who  signs  or  presents  for  filing  a  certificate  as  pre- 
scribed by  section  one  of  this  act,  which  contains  the  name  of  a  fictitious  per- 
son, or  the  name  of  any  person  other  than  those  actually  selected  to  perform 
the  duties  required  of  the  committee  to  be  selected  under  the  provisions  of 
section  one  of  this  act,  or  who  practises  any  fraud,  device,  or  artifice  to  con- 
ceal the  true  names  of  the  persons  actually  charged  with  the  duties  belonging 
to  the  said  committee,  is  punishable,  upon  conviction,  by  imprisonment  in  the 
state  prison  for  not  less  than  one  year  nor  more  than  seven  years. 

§  32.  A  person  offending  against  any  provisions  of  sections  nineteen, 
twenty,  twenty-one,  twenty-two,  twenty-five,  twenty-six,  twenty-seven,  twenty- 
eight,  thirty  and  thirty-one  of  this  act  is  a  competent  witness  against  another 
person  so  offending,  and  may  be  compelled  to  attend  and  testify  upon  any  trial, 
hearing,  proceeding,  or  lawful  investigation  or  judicial  proceeding,  in  the  same 
manner  as  any  other  person.  If  such  person  demands  that  he  be  excused  from 
testifying  on  the  ground  that  his  testimony  may  incriminate  himself,  he  shall 
not  be  excused,  but  in  that  case  the  testimony  so  given  shall  not  be  used  in 
any  prosecution  or  proceeding,  civil  or  criminal,  against  the  person  so  testi- 
fying, except  for  perjury  in  giving  such  testimony,  and  he  shall  not  thereafter 
be  liable  to  indictment  or  presentment  by  information,  nor  to  prosecution  or 
punishment  for  the  offense  with  reference  to  which  his  testimony  was  given. 
No  person  shall  be  exempt  from  indictment,  presentment  by  informa- 
tion, prosecution  or  punishment  for  the  offense  with  reference  to  which 
he  may  have  testified  as  aforesaid  when  such  person  so  testifying  does  so 
voluntarily  or  when  such  person  so  testifying  fails  to  ask  to  be  excused  from 
testifying  on  the  ground  that  his  testimony  may  incriminate  himself,  but  in 
all  such  cases  the  testimony  so  given  may  be  used  in  any  prosecution  or  pro- 
ceeding, civil  or  criminal,  against  the  person  so  testifying.     Any  person  shall 


PURITY    OF    ELECTIONS— THINGS    UNLAWFUL    TO    DO    OR    REFUSE.  435 

be  deemed  to  have  asked  to  be  excused  from  testifying  under  this  section 
unless,  before  any  testimony  is  given  by  such  a  witness,  the  judge,  foreman 
or  other  person  presiding  at  such  trial,  hearing,  proceeding  or  investigation 
shall  distinctly  read  this  section  to  such  witness,  and  the  form  of  the  objection 
by  the  witness  shall  be  immaterial  if  he  in  substance  makes  objection  that  his 
testimony  may  criminate  himself,  and  he  shall  not  be  obliged  to  object  to  each 
question,  but  one  objection  shall  be  sufficient  to  protect  such  witness  from 
prosecution  for  any  offense  concerning  which  he  may  testify  upon  such  trial, 
hearing,  proceeding  or  investigation.     [Amendment,  Stats.  1905,  93.] 

§  33.  It  shall  be  unlawful  for  any  candidate  for  public  office,  before  or 
during  an  election,  to  make  any  bet  or  wager  with  a  voter,  or  take  a  share 
or  interest  in  or  in  any  manner  become  a  party  to  such  bet  or  wager,  or  pro- 
vide, or  agree  to  provide,  any  money  to  be  used  by  another  in  making  such 
bet  or  wager,  upon  any  event  or  contingency  whatever.  Nor  shall  it  be  law- 
ful for  any  person,  directly  or  indirectly,  to  make  a  bet  or  wager  with  a 
voter,  depending  upon  the  result  of  any  election,  with  the  intent  thereby  to 
procure  the  challenge  of  such  voter,  or  to  prevent  him  from  voting  at  such 
election.  Every  person  who  commits  any  of  the  offenses  mentioned  in  this 
section  is  guilty  of  a  misdemeanor. 

§  34.  Every  candidate  for  a  public  office  who  refuses  or  neglects  to  file  a 
statement,  as  prescribed  in  section  three  of  this  act,  is  guilty  of  a  misde- 
meanor. 

§  35.  Every  member  of  a  committee  selected  under  the  provisions  of  sec- 
tion one  of  this  act  who  refuses  or  neglects  to  file  a  statement,  as  prescribed 
by  section  two  of  this  act,  is  guilty  of  a  misdemeanor. 

§  36.  Every  person  who  advances  or  pays,  or  causes  to  be  paid,  any  money 
or  other  valuable  thing,  in  contravention  of  sections  eight  or  nine  of  this  act, 
unless  a  different  penalty  is  provided  for  such  illegal  payment,  is  guilty  of  a 
misdemeanor. 

§  37.  Every  candidate  who  makes  any  payment  in  aid  of  his  election,  or  in 
the  conduct  and  management  of  an  election,  in  excess  of  the  sum  authorized 
or  permitted  to  be  expended  by  this  act,  or  contrary  to  or  in  violation  of  sec- 
tions five  or  six  of  this  act,  is  guilty  of  a  misdemeanor,  unless  a  different 
penalty  is  provided  for  such  illegal  payment ;  each  payment  so  made  contrary 
to  or  in  violation  of  said  sections  five  or  six  of  this  act  shall  constitute  a  sepa- 
rate and  distinct  offense. 

§  38.  Every  member  of  a  committee  selected  under  the  provisions  of  section 
one  of  this  act  who  makes  any  payment  contrary  to  or  in  violation  of  the 
provisions  of  sections  five  or  six  of  this  act,  unless  a  different  penalty  is  pro- 
vided for  such  illegal  payment,  is  guilty  of  a  misdemeanor. 

§  39.  Every  person  who,  either  before  or  during  an  election,  directly  or 
indirectly,  gives  or  provides,  or  pays,  wholly  or  in  part,  the  expense  of  giving 
or  providing  any  meat,  drink,  refreshment,  entertainment,  or  provision  to  or 
for  any  person,  for  the  purpose  of  corruptly  influencing  that  person,  or  any 
other  person,  to  give  or  refrain  from  giving  his  vote  at  an  election,  or  to 
come  to  the  polls  or  remain  away  from  the  polls,  or  on  account  of  such  person 
or  any  other  person  having  voted  or  refrained  from  voting,  or  having  come 


43«  PURITY    OF    ELECTIONS — THINGS     UNLAW^FUL,    TO    DO— INSPECTION. 

to  the  polls  or  remained  away  from  the  polls,  or  being  about  to  vote  or  refrain 
from  voting,  at  such  election,  is  guilty  of  a  misdemeanor. 

§  40.  Every  person  who  sets  up,  or  causes  to  be  set  up,  or  otherwise  exhibits, 
in  any  place  set  apart  for  the  registration  of  voters,  for  the  receiving  of 
votes  at  an  election,  or  for  the  counting  of  votes  east  at  an  election,  any  box 
or  other  receptacle  for  the  deposit  of  money,  or  who  solicits  the  giving  or 
depositing  of  any  money,  for  the  purpose  of  providing  any  drink,  refreshment, 
or  entertainment  to  or  for  any  person  employed  in  or  about  the 
registration  of  voters,  or  the  polling  of  votes,  or  the  counting  of  votes  cast 
at  an  election,  or  who  gives  or  provides  any  moneys  as  aforesaid,  is  guilty  of 
a  misdemeanor. 

§  41.  It  shall  be  unlawful  for  any  person,  directly  or  indirectly,  by  himself, 
or  any  other  person  in  his  behalf,  to  make  use  of,  or  threaten 
to  make  use  of,  any  force,  violence,  or  restraint,  or  to  inflict  or 
threaten  the  infliction,  by  himself,  or  through  any  other  person,  of 
any  injury,  damage,  harm,  or  loss,  or  in  any  manner  to  practise 
intimidation  upon  or  against  any  person,  in  order  to  induce  or  compel 
such  person  to  vote  or  refrain  from  voting  at  any  election,  or  to  vote  or  refrain 
from  voting  for  any  particular  person  or  persons  at  any  election,  or  on 
account  of  such  person  or  persons  at  any  election,  or  on  account  of  such 
person  having  voted  or  refrained  from  voting  at  any  election.  And  it  shall 
be  unlawful  for  any  person,  by  abduction,  duress,  or  any  forcible  or  fraudu- 
lent device  or  contrivance  whatever,  to  impede,  prevent,  or  otherwise  inter- 
fere with  the  free  exercise  of  the  elective  franchise  by  any  voter ;  or  to  compel, 
induce,  or  prevail  upon  any  voter  either  to  give  or  refrain  from  giving  his 
vote  at  any  election,  or  to  give  or  refrain  from  giving  his  vote  for  any  par- 
ticular person  or  persons  at  any  election.  It  shall  not  be  lawful  for  any 
employer,  in  paying  his  employees  the  salary  or  wages  due  them,  to  inclose 
their  pay  in  "pay  envelopes"  upon  which  there  is  written  or  printed  the  name 
of  any  candidate,  or  any  political  mottos,  devices,  or  arguments  containing 
threats,  express  or  implied,  intended  or  calculated  to  influence  the  political 
opinions  or  actions  of  such  employees.  Nor  shall  it  be  lawful  for  any  em- 
ployer, within  ninety  days  of  an  election,  to  put  up  or  otherwise  exhibit  in  his 
factory,  workshop,  or  other  establishment  or  place  where  his  workmen  or 
employees  may  be  working,  any  hand-bill,  or  placard  containing  any  threat, 
notice,  or  information,  that  in  case  any  particular  ticket  of  a  political  party, 
or  organization,  or  candidate  shall  be  elected,  work  in  his  place  or  establish- 
ment will  cease,  in  whole  or  in  part,  or  his  place  or  establishment  be  closed 
up,  or  the  salaries  or  wages  of  his  workmen  or  employees  be  reduced,  or 
other  threats,  express  or  implied,  intended  or  calculated  to  influence  the 
political  opinions  or  actions  of  his  workmen  or  employees.  This  section  shall 
apply  to  corporations  as  well  as  individuals,  and  any  person  or  corporation 
violating  the  provisions  of  this  section  is  guilty  of  a  misdemeanor,  and  any 
corporation  violating  this  section  shall  forfeit  its  charter.  (See  Kerr's  Cyc. 
Penal  Code,  §59.) 

§  42.  Every  inspector,  judge,  or  clerk  of  an  election  who,  previous  to  put- 
ting the  ballot  of  an  elector  in  the  ballot-box,  attempts  to  find  out  any  name 
on  such  ballot,  or  who  opens  or  suffers  the  folded  ballot  of  any  elector  which 


PURITY    OF    ELKCTIOJVS— OPENING    AND    MARKING     UALLOTS.  437 

has  been  handed  in  to  be  opened  or  examined  previous  to  putting  the  same 
into  the  ballot-box,  or  who  makes  or  places  any  mark  or  device  on  any  folded 
ballot  w^ith  the  view  to  ascertain  the  name  of  any  person  for  whom  the  elector 
has  voted,  or  who,  without  the  consent  of  the  elector,  discloses  the  name  of 
any  person  which  such  inspector,  judge,  or  clerk  has  fraudulently  or  illegally 
discovered  to  have  been  voted  for  by  such  elector,  is  punishable  by  fine  not 
less  than  fifty  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days  or  more  than  six  months,  or  by  both 
such  fine  and  imprisonment.     (See  Kerr's  Cyc.  Penal  Code,  §  49.) 

§  42a.  All  the  provisions  of  sections  nineteen  to  thirty-three  inclusive  and 
sections  thirty-nine  to  forty-two  inclusive  shall  apply  with  like  force  and 
effect  to  elections  known  and  designated  as  primary  elections,  held  and  con- 
ducted under  official  supervision,  pursuant  to  law  and  to  registration  therefor, 
as  to  other  elections  whether  the  word  primary  be  used  in  connection  with 
the  word  election  or  elections  used  in  said  sections  of  said  act  or  not.  [New 
section  added.  Stats.  1905,  37.] 

§  43.  Other  crimes  against  the  elective  franchise  are  defined,  and  the  pun- 
ishment thereof  prescribed,  by  the  Penal  Code  relating  to  the  subject,  and  by 
special  statutes. 

§  44.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  45.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

stats.  1893,  §  12. — Ex  parte  Cohen,  104  Cal.  "Protection    o£    Certain    Candidates"    has 

524,    528,    38   Pac.   Rep.   364,   26  L.   R.   A.    423;  been  carried   into  the  Penal   Code   by  Stats. 

People    vs.    Lee,    107    Cal.    477,    479,    40    Pac.  1905,      639-643.        See    KERR'S     CYC.    PEN. 

Rep.    754.       §32 — People    vs.    Sternberg,    111  CODE,  §  55a. 

Cal.  3,  4-7,  43  Pac.  Rep.  198;  People  vs.  Cav-  PRIMARY  ELECTIONS.— Stats.  1895,  207, 
anaug-h,  112  Cal.  674,  675,  44  Pac.  Rep.  1057;  ch.  CLXXXI,  and  1S97,  115.  ch.  CVI,  were 
People  vs.  Buckley,  116  Cal.  146,  155,  47  Pac.  cited  in  the  following'  decisions,  respective- 
Rep.  1009;  People  vs;  Eagan,  116  Cal.  287,  ly,  and  held  unconstitutional:  1895,  207 — 
289,  48  Pac.  Rep.  120;  Bradley  vs.  Clark,  Gett  vs.  Supervisors,  111  Cal.  366,  367,  43 
133  Cal.  196,  198,  65  Pac.  Rep.  395;  Land  vs.  Pac.  Rep.  1122;  Marsh  vs.  Hanly,  111  Cal. 
Clark,  132  Cal.  673,  674,  64  Pac.  Rep.  1071;  368,  370,  43  Pac.  Rep.  975;  Spier  vs.  Baker, 
Maddux  vs.  Walthall,  141  Cal.  412,  416,  74  120  Cal.  370,  52  Pac.  Rep.  659,  41  L.  R.  A.  196. 
Pac.  Rep.  1026.  1897,  115 — McKlnnon  vs.  Leonard  et  al.,  118 
FURTHER  LEGISLATION. — As  above  in-  Cal.  302,  50  Pac.  Rep.  536;  Spier  vs.  Baker, 
dlcated,  various  sections  of  the  foregoing  120  Cal.  370,  52  Pac.  Rep.  659,  41  L.  R.  A. 
statute  are  supposed  to  be  carried  into  the  196;  Britton  vs.  Board  of  Elec.  Comm'rs, 
Penal  Code  by  Stats.  1905,  639-643.  See  129  Cal.  337,  340,  61  Pac.  Rep.  1115,  51  L.  R. 
KERR'S  CYC.  PEN.  CODE,  §§  42-55a,  57a,  A.  115.  See  KERR'S  CYC.  POL.  CODE, 
59;  also  Stats.  1897,  53,  ch.  LIX.  §§  1365-1372. 

EL  MONTE— TOWN  OF. 
See  Municipal  Corporations — Lexington. 

EMIGRATION. 

To  promote  emigration  from  the  state  of  California. 
(Stats.  1880,  15,  ch.  XX.) 

§  1.  It  shall  be  unlawful  for  the  owners,  officers,  agents,  or  employees  of 
any  steamship  company,  sailing  vessel,  or  railroad  company,  or  firm  or  cor- 
poration, that  may  be  engaged  in  this  state  in  the  transportation  of  passengers 
to  and  from  any  foreign  port,  to  withhold  or  refuse  any  person  or  persons 
the  right  to  purchase  a  passage  ticket  or  tickets  to  any  foreign  country  for 
the  reason  that  he  or  they  have  not  presented  a  certificate,  card,  or  other  docu- 


438  EMIGRATION — EMPLOYERS— EMPLOYSIENT    AGENTS. 

ment  whatsoever  showing  that  such  person  has  paid  in  full,  or  in  part,  any 
or  all  dues,  debts,  or  demands,  or  otherwise,  or  any  sum  whatsoever,  to  any 
society,  company,  corporation,  association,  or  individual,  or  firm;  and  any 
person  or  corporation  who  shall  violate  the  provisions  of  this  section,  or  in 
pursuance  of  any  agreement,  oral  or  written,  refuse  to  sell  a  passage  ticket 
to  any  person  to  any  foreign  country,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars ;  provided,  that  nothing  in  this  section  shall  be 
construed  in  any  manner  to  apply  to  any  passport  or  other  document  required 
by  law  to  be  presented,  having  the  signature  or  seal  of  any  foreign  consul 
resident  within  this  state. 

§  2.     This  act  shall  take  effect  on  and  after  its  passage. 

EMPLOYERS  AND  EMPLOYEES. 

To  limit  the  meaning  of  the  word  "conspiracy,"  and  also  the  use  of  "restrain- 
ing orders,"  and  "injunctions,"  as  applied  to  disputes  between  employers 
and  employees  in  the  state  of  California. 

(Stats.  1903,  289,  ch.  CCXXXV.) 

§  1.  No  agreement,  combination,  or  contract  by  or  between  two  or  more 
persons  to  do  or  procure  to  be  done,  or  not  to  do  or  procure  not  to  be  done, 
any  act  in  contemplation  or  furtherance  of  any  trade  dispute  between  em- 
ployers and  employees  in  the  state  of  California  shall  be  deemed  criminal,  nor 
shall  those  engaged  therein  be  indictable  or  otherwise  punishable  for  the 
crime  of  conspiracy,  if  such  act  committed  by  one  person  would  not  be  punish- 
able as  a  crime,  nor  shall  such  agreement,  combination,  or  contract  be  con- 
sidered as  in  restraint  of  trade  or  commerce,  nor  shall  any  restraining  order 
or  injunction  be  issued  with  relation  thereto.  Nothing  in  this  act  shall 
exempt  from  punshment,  otherwise  than  as  herein  excepted,  any  persons  guilty 
of  conspiracy,  for  which  punishment  is  now  provided  by  any  act  of  the  legis- 
lature, but  such  act  of  the  legislature  shall,  as  to  the  agreements,  combinations, 
and  contracts  hereinbefore  referred  to,  be  construed  as  if  this  act  were  therein 
contained ;  provided,  that  nothing  in  this  act  shall  be  construed  to  authorize 
force  or  violence,  or  threats  thereof. 

§  2.     This  act  shall  take  effect  immediately. 

See  tits.  Factories  and  Workshops;  Public  Buildings;  Public  Works. 

EMPLOYMENT  AGENTS. 

Defining  the  duties  and  liabilities  of  employment  agents,  making  the  violation 

thereof  a  misdemeanor  and  fixing  penalties  therefor. 
(Stats.  1903,  14,  ch.  XI;  amended  Stats.  1905,  143,  ch.  CXLV,  and  §  4  repealed.) 

§  1.  Any  person,  firm,  corporation,  or  association  pursuing  for  profit  the 
business  of  furnishing,  directly  or  indirectly,  to  persons  seeking  employment, 
information  enabling,  or  tending  to  enable,  such  persons  to  secure  such  em- 
ployment, or  registering  for  any  fee,  charge,  or  commission  the  names  of  any 
person  seeking  employment  as  aforesaid,  shall  be  deemed  to  be  an  employment 
agent  within  the  meaning  of  this  act. 

§  2.     It  shall  be  unlawful  for  an  employment  agent  in  the  state  of  Cali- 


EMPLOYMENT    AGENTS — INFLUENCING     LABORERS — LICENSE.  430 

fornia  to  receive  directly  or  indirectly,  any  money  or  other  valuable  con- 
sideration from  any  person  seeking  employment,  or  for  any  information  or 
assistance  furnished  or  to  be  furnished  by  said  agent  to  such  person,  enabling 
or  tending  to  enable  said  person  to  secure  such  employment  prior  to  the  time  at 
which  said  information  or  assistance  is  actually  thus  furnished. 

§  3.  It  shall  be  unlawful  for  any  employment  agent  in  the  state  of  Cali- 
fornia, to  induce,  influence,  persuade,  or  engage  any  person  to  change  from 
one  place  to  another  in  this  state,  or  to  change  from  any  place  in  any  state, 
territory,  or  country,  to  any  place  in  this  state  to  work  in  any  branch  of  labor, 
through  or  by  means  of  any  representations  whatsoever,  whether  spoken,  writ- 
ten, or  advertised  in  printed  form,  unless  such  employment  agent  shall  have 
assured  himself  beyond  a  reasonable  doubt  that  such  representations  are  true 
and  cover  all  the  material  facts  affecting  the  employment  in  question.  When- 
ever any  such  representation,  whereby  any  person  is  induced,  influenced,  per- 
suaded, or  engaged  to  change  from  one  place  to  another  in  this  state,  or  from 
any  place  in  any  state,  territory,  or  country,  to  any  place  in  this  state  to  work 
in  any  branch  of  labor,  shall  prove  to  be  in  any  material  degree  at  variance 
with,  or  short  of  the  truth,  the  employment  agent  responsible  for  such  repre- 
sentations shall  immediately  return  to  any  person  who  shall  have  been  influ- 
enced, by  such  representations,  any  and  all  fees  paid  by  such  person  to  said 
employment  agent  on  the  strength  of  such  representations,  together  with  an 
amount  of  money  sufficient  to  cover  all  necessary  expenses  incurred  by  such 
person  influenced  by  such  representations  in  going  to  and  returning  from,  any 
place  he  shall  have  been  influenced  by  such  representations  to  visit  in  the 
hope  of  employment.     [Amendment,  Stats.  1905,  143.] 

§  4.     (Repealed.) 

§  5.  The  tax  collector  or  license  collector  of  each  respective  city,  county 
or  city  and  county  of  the  state  of  California  shall  furnish  quarterly,  to  the 
commissioner  of  the  bureau  of  labor  statistics  of  the  state  of  California  the 
name  and  address  of  each  employment  agent  doing  business  in  said  city, 
county  or  city  and  county;  provided,  that  where  the  license  is  not  a  county 
license,  but  is  collected  by  a  municipal  government,  then  the  municipal  col- 
lector of  said  tax  shall  furnish  the  names  and  addresses. 

§  6.  Each  employment  agent  in  the  state  of  California  shall  keep  a  written 
record,  which  shall  show  the  name  of  each  person  making  application  to  said 
agent  for  registration,  information  or  assistance,  such  as  is  described  in  section 
two  hereof;  the  name  of  each  such  person  to  whom  such  registration  or  infor- 
mation is  furnished;  and  the  amoimt  received  in  each  such  case  therefor; 
the  name  of  each  person,  who,  having  received  and  paid  for,  as  herein  contem- 
plated, registration,  information  or  assistance  such  as  is  described  in  section 
two  hereof,  fails  to  secure  the  employment  regarding  which  such  registration, 
information  or  assistance  is  furnished,  together  with  the  reason  why  said  em- 
ployment was  not  by  said  person  secured,  and  the  name  of  each  person  to 
whom  return  is  made,  in  accordance  with  the  provisions  of  section  three 
hereof,  of  any  money  or  other  consideration  such  as  is  in  said  section  named, 
together  Math  the  amount  of  said  money,  or  the  value  of  said  consideration, 
thus  returned. 


440  EMPLOYMENT    AGENTS— ESTATES     OF    DECEASED     PERSONS. 

§  7.  Each  employment  agent  in  the  state  of  California  shall  permit  the 
commissioner  of  the  bureau  of  labor  statistics  of  said  state,  by  himself,  or  by 
his  deputies  or  agents,  to  have  at  all  times  access  to,  and  to  inspect,  the 
record  in  section  six  hereof  named,  and  upon  demand  in  writing  therefor  by 
said  commissioner,  shall  furnish  to  such  commissioner  a  true  copy  of  said 
record,  or  of  such  portion  thereof  as  said  demand  in  writing  shall  require  a 
copy  of  to  be  thus  furnished. 

§  8.  Any  employment  agent  or  other  person  violating,  or  omitting  to  com- 
ply with,  any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  misde- 
meanor, and  upon  conviction  shall  be  punished  by  fine  not  exceeding  five 
hundred  (500)  dollars,  or  by  imprisonment  not  exceeding  six  (6)  months,  or 
by  both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 

§  9.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed, 

§  10.     This  act  shall  take  efi'ect  from  and  after  the  date  of  its  passage. 

Sections  2  and  4  considered  in  Ex  parte  Dickey,  144  Cal.  234,  235,  77  Pac.  Rep.  924. 

ESCAPES. 
From  Prisons,  Reform  Schools,  Etc. 

See  KERR'S  CYC.  PEN.  CODE,  §§  109,  110. 

ESTATES   OF   DECEASED   PERSONS. 

To  amend  an  act  entitled  "An  act  to  authorize  the  husband  or  wife,  or  next 
of  kin,  of  a  deceased  person  to  collect  and  receive  of  any  savings  bank 
any  deposit  in  such  bank,  when  the  same  does  not  exceed  the  sum  of 
three  hundred  dollars." 
(Stats.  1873-4,  132,  ch.  CXII;  amended  Stats.  1895,  32,  ch.  XXVII.) 

§  1.  The  surviving  husband  or  wife  of  any  deceased  person,  or  if  no  hus- 
band or  wife  be  living,  then  the  next  of  kin  of  such  decedent,  may,  without 
procuring  letters  of  administration,  collect  of  any  bank  any  sum  which  said 
deceased  may  have  left  on  deposit  in  such  bank  at  the  time  of  his  or  her  death ; 
provided,  said  deposit  shall  not  exceed  the  sum  of  five  hundred  dollars. 
[Amendment,  Stats.  1895,  32.] 

§  2.  Any  bank,  upon  receiving  an  affidavit  stating  that  said  depositor  is 
dead,  and  that  affiant  is  the  surviving  husband  or  wife,  as  the  case  may  be, 
or  stating  that  said  decedent  left  no  husband  or  wife,  and  that  affiant  is  next 
of  kin  of  said  decedent,  and  entitled  to  distribution,  and  that  the  whole  amount 
that  decedent  left  on  deposit  in  any  and  all  banks  of  deposit  in  this  state  does 
not  exceed  the  sum  of  five  hundred  dollars,  may  pay  to  said  affiant  any  deposit 
of  said  decedent,  if  the  same  does  not  exceed  the  sum  of  five  hundred  dollars, 
and  the  receipt  of  such  affiant  shall  be  a  sufficient  acquittance  therefor. 
[Amendment,  Stats.  1895,  32.] 

§  3.  Any  person  who  shall  make  a  false  affidavit  in  regard  to  the  matters 
specified  in  this  act,  shall  be  deemed  to  be  guilty  of  perjury. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

The  statute  of  1895  purports  to  "amend,"  but  apparently  supersedes  the  former  statute, 
only  increasing  the  sum  of  money  from  $300  te  $500. 


ESTRAYS— EXPLOSIVES,    DYNAMITE.  441 

ESTRAY— ANIMALS. 

The  Stats.  1S73-4,   50,   ch.  L.V;   1S77-8,   176,  vs.   Newhall,    53    Cal.   141,   146;    Triscony   vs. 

ch.  CXXXVI,  and  otlier  enactments  prior  to  Brandenstein,    66    Cal.    514,    516,    6    Pac.    Rep. 

1901    are    considered    as    superseded    by    the  384;    Zumwalt    vs.    Dickey,    92    Cal.    156,    157, 

Stats.     1901,     603,    amended     1905,     395.       As  28  Pac.  Rep.  212;  Hanley  vs.  Sixteen  Horses, 

former  statutes  on  the  subject  affected  par-  97    Cal.    182,    183,    32    Pac.    Rep.    10.       Stutfi. 

ticular  counties  and  varied  but  little  in  their  1877-8 — Orcutt   vs.    Pacific    Coast    R.    Co.,    85 

material  effects,  the  following  decisions  are  Cal.    291,    298,   24    Pac.   Rep.    661;    Hanley   vs. 

noted   under  the  statutes   here   cited:     Stats.  Sixteen  Horses,  97  Cal.  182,  18o,  32  Pac.  Rep. 

1873-4 — Gonzales    vs.    Wasson,    51    Cal.    295,  10;   Wigmore  vs.   Buell,   12:i   Cal.   144,   145,   54 

2»7;    People    vs.    Martin,     52    Cal.     201,    202;  Pac.  Rep.  600.     See  tits.  Animals — Estray. 
Young-  vs.  Wright,   52   Cal.   407,   408;   Suther-  FOR    MIGRATORY    STOCK,   see    post,    tit. 

land   vs.    Sweem,    53    Cal.    48;   De   Le   Guerra  Taxation. 

EXECUTION. 

See  tit.  Counties — New. 

EXPLOSIVES— DYNAMITE. 

To  protect  life  and  property  against  the  careless  and  malicious  use  or  handling 
of  dynamite  and  other  explosives. 

(Stats.  1887,  110,  ch.  XCV.) 

§  1.  It  is  the  duty  of  each  and  every  person,  contractor,  firm,  association, 
joint-stock  company,  and  corporation,  manufacturing,  storing,  selling,  trans- 
ferring, disposing  of,  or  in  any  manner  dealing  in  or  with,  or  using  or  giving 
out,  nitroglycerin,  dynamite,  vigorite,  Hercules  powder,  giant  powder,  or 
other  high  explosive,  by  whatever  name  known,  to  keep  at  all  times  an  accu- 
rate journal,  or  book  of  record,  in  which  must  be  entered,  from  time  to  time, 
as  they  are  made,  each  and  every  sale,  delivery,  transfer,  gift,  or  other  dispo- 
sition made  by  such  person,  firm,  association,  joint-stock  company,  or  corpora- 
tion, in  the  course  of  business  or  otherwise,  of  any  quantity  of  such  explosive 
substance. 

§  2.  Such  journal  or  record  book  must  show,  in  a  legible  handwriting  to 
be  entered  therein  at  the  time,  a  complete  history  of  each  transaction,  stating 
the  name  and  quantity  of  the  explosive  sold,  delivered,  given  away,  trans- 
ferred, or  otherwise  disposed  of;  the  name,  place  of  residence,  or  business  of 
the  purchaser  or  transferee ;  the  name  of  the  individual  to  whom  delivered, 
with  his  or  her  address,  with  a  description  of  sUch  individual  sufficient  to  pro- 
vide for  identification, 

§  3.  Such  journal  or  record  book  must  be  kept,  by  the  person,  firm,  asso- 
ciation, joint-stock  company,  or  corporation  so  selling,  delivering,  or  other- 
wise disposing  of  such  explosive  substance  or  substances,  in  his  or 
their  principal  office  or  place  of  business,  at  all  times  subject  to 
the  inspection  and  examination  of  the  peace  officers  or  other  police 
authorities  of  the  state,  county,  city  and  county,  or  municipality  where  the 
same  is  situated,  on  proper  demand  made  therefor;  any  failure  or  neglect  to 
keep  such  book,  or  to  make  the  proper  entries  therein  at  the  time  of  the  trans- 
action, as  herein  provided,  or  to  exhibit  the  same  to  the  peace  officers  or  other 
police  authorities  on  demand,  shall  be  deemed  a  misdemeanor,  and  punished 
accordingly. 

§  4.     In  addition  to  such  punishment,  and  as  a  cumulative  penalty,  such 


442  EXPLOSIVES— DYJVAMITE— KEEPING    AND    TRANSPORTING. 

person,  firm,  association,  joint-stock  company,  or  corporation  so  offending, 
shall  forfeit,  for  each  offense,  the  sum  of  two  hundred  and  fifty  dollars,  to  be 
recovered  in  any  court  of  competent  jurisdiction,  by  action  at  law.  The  party 
so  instituting  such  actions  shall  not  be  entitled  to  dismiss  the  same  without 
consent  of  the  court  before  which  the  suit  has  been  instituted.  Nor  shall  any 
judgment  recovered  be  settled,  satisfied,  or  discharged,  save  by  order  of  such 
court,  after  full  payment  into  court,  and  all  moneys  so  collected  shall  be  paid 
to  the  party  bringing  the  suit. 

§  5.  Any  person  who,  in  the  public  street  or  any  highway  of  any  county, 
city  and  county,  city,  or  town  or  city,  or  at,  in,  or  near  to  any  theater,  hall, 
public  or  private  school,  or  college,  church,  hotel,  or  other  public  building,  or 
at,  in,  or  near  to  any  private  habitation  or  in,  on  board  of,  or  near  any  rail- 
way passenger  train,  or  car  or  train,  or  cable  road,  or  car  of  the  same,  or  steam 
or  other  vessel,  engaged  in  carrying  passengers,  or  ferry-boat,  or  other  public 
place  where  human  beings  ordinarily  pass  and  repass,  shall  recklessly  or 
maliciously  have  in  his  or  her  possession  any  dynamite,  nitroglycerin, 
vigorite,  Hercules  powder,  giant  powder,  or  other  high  explosive ;  or  who  shall 
recklessly  or  maliciously  by  use  of  such  means  intimidate,  terrify,  or  endanger 
any  human  being,  is  guilty  of  a  felony,  and  on  conviction  shall  be  punished 
accordingly. 

§  6.  Any  person  not  regularly  engaged  in  the  manufacture,  sale,  trans- 
portation, or  legitimate  use  in  blasting  operations,  or  in  the  arts,  of  such  sub- 
stances as  are  named  in  this  act,  shall  be  presumed  (prima  facie)  to  be  guilty 
of  a  reckless  and  malicious  possession  thereof,  within  the  meaning  of  the  fore- 
going section,  if  any  such  substance  is  found  upon  him,  or  in  his  possession, 
in  any  of  the  places,  or  under  any  of  the  circumstances  specified  in  the  pre- 
ceding section.  , 

§  7.  No  person  may  knowingly  keep  or  have  in  his  or  her  possession  any 
dynamite,  vigorite,  nitroglycerin,  giant  powder,  Hercules  powder,  or  other 
high  explosive,  except  in  the  regular  course  of  business  carried  on  by  such 
person,  either  as  a  manufacturer  thereof  or  merchant  dealing  in  the  same,  or 
for  use  in  legitimate  blasting  operations,  or  in  the  arts,  or  while  engaged  in 
transporting  the  same  for  others,  or  as  the  agent  or  employee  of  others  en- 
gaged in  the  course  of  such  business  or  operations.  Any  other  possession  of 
any  such  explosive  substances  as  are  named  in  this  act  is  unlawful,  and  the 
person  so  unlawfully  possessing  it  shall  be  punished  by  imprisonment  in  the 
state  prison  not  exceeding  five  years,  or  by  fine  not  exceeding  five  thousand 
dollars,  or  by  both  such  fine  and  imprisonment. 

§  8.  Any  person  who  maliciously  deposits  or  explodes,  or  who  attempts  to 
explode,  at,  in,  under,  or  near  any  building,  vessel,  or  boat,  railroad,  tramroad, 
or  cable  road,  or  any  train  or  car,  or  any  depot,  stable,  car-house,  theater, 
school -house,  church,  dwelling-house,  or  other  place  where  human  beings 
usually  inhabit,  assemble,  frequent,  or  pass  and  repass,  any  dynamite,  nitro- 
glycerin, vigorite,  giant  or  Hercules  powder,  gunpowder,  or  other  chemical 
compound,  or  other  explosive,  with  the  intent  to  injure  or  destroy  such  build- 
ing, vessel,  boat,  or  other  structure,  or  with  the  intent  to  injure,  intimidate,  or 
terrify  any  human  being,  or  by  means  of  which  any  human  being  is  injured  or 


e:xpl.osive:s,  dynamite: — sx-union  soldie:rs  and   sailors.  443 

endangered,  is  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  punished 
by  imprisonment  in  the  state  prison  not  less  than  one  year. 

§  9.  Any  person,  firm,  or  corporation,  who  shall  take,  carry,  or  transport, 
or  cause  to  be  taken,  carried,  or  transported,  any  dynamite,  vigorite,  nitro- 
glycerin, Hercules  or  giant  powder,  or  other  high  explosive,  into  the  limits 
of,  or  through,  or  across  any  incorporated  city  or  town  of  this  state,  or  into, 
through,  or  across  any  harbor  for  shipping,  in  any  manner,  condition,  or  quan- 
tity, or  otherwise,  in  violation  of  the  laws  or  ordinances  of  such  city  or  town, 
or  of  the  laws  or  regulations  governing  such  harbor,  shall,  in  addition  to  the 
penalties  provided  or  imposed  by  such  laws,  ordinances,  or  regulations,  forfeit 
to  the  state  of  California  all  such  explosive  substances,  as  well  as  the  cases 
inclosing  the  same.  Such  forfeiture  may  be  sued  for  by  any  citizen  of  the 
state,  for  himself  and  the  state ;  and  the  goods  or  property,  when  so  forfeited 
and  recovered  by  judgment  of  the  court,  shall  be  sold,  and  the  proceeds 
divided,  the  citizen  so  suing  taking  one  half  to  himself  for  his  own  benefit, 
and  paying  the  other  half  into  the  state  treasury.  Such  action  may  be  main- 
tained in  any  court  of  competent  jurisdiction;  provided,  that  the  state  shall 
never  be  liable  to  any  cost  or  expense  for  any  such  suit  or  proceeding. 

§  10.  Any  of  the  forfeitures  provided  for  in  this  act  may  be  taken  advan- 
tage of,  and  sued  for  and  recovered,  by  any  peace  officer  or  policeman,  mem- 
ber of  the  police  force  of  any  city,  city  and  county,  or  town  where  the  same 
arises,  for  his  own  benefit,  notwithstanding  any  law,  ordinance,  or  rule  to  the 
contrary. 

§  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See   KERR'S    CYC.   PEN.    CODE,    §§  ISOa,    375a,  595,  and  other  sections. 

EX-UNION  SOLDIERS  AND  SAILORS. 

License — Peddlers. 

Permitting  all  ex-Union  soldiers  and  sailors  of  the  civil  war,  honorably  dis- 
charged from  the  military  or  marine  service  of  the  United  States,  the 
right  to  vend,  hawk  and  peddle  goods,  wares,  fruits  or  merchandise  not 
prohibited  by  law,  in  any  county,  town,  village,  incorporated  city  or 
municipality  in  the  state  of  California,  without  paying  a  license. 

(Stats.  1905,  307,  ch.  CCXCVIL) 

§  1.  That  on  and  after  the  passage  of  this  act  all  ex-Union  soldiers  and 
sailors,  honorably  discharged  from  the  military  or  marine  service  of  the 
United  States,  shall  be  permitted  to  vend,  hawk  and  peddle  goods,  wares,  fruits 
or  merchandise  not  prohibited  by  law,  in  any  county,  town,  village,  incor- 
porated city  or  municipality  within  this  state  without  a  license:  provided, 
said  soldier  or  sailor  is  engaged  in  the  vending,  hawking  and  peddling  of  the 
goods,  wares,  fruits  or  merchandise  for  himself  only. 

§  2.  Upon  the  presentation  of  his  certificate  of  discharge  to  the  license 
collector  of  any  county,  town,  village,  incorporated  city  or  municipality  in  this 
state,  and  showing  proofs  of  his  identity  as  the  person  named  in  his  cer- 
tificate of  honorable  discharge,  the  license  collector  shall  issue  to  said  ex- 
Union  soldier  or  sailor  a  license,  but  such  license  shall  be  free,  and  said  license 


444  FACTORIES     AND     WORKSHOPS — SANITATION. 

collector  shall  not  collect  or  demand  for  the  county,  town,  village,  incorpo- 
rated city  or  municipality  any  fee  therefor;  provided  that  nothing  in  this  act 
shall  authorize  said  soldiers  or  sailors  to  sell  intoxicating  liquors. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See   tit.   License  Tax. 

rACTORIES  AND  WORKSHOPS. 

To  provide  for  the  proper  sanitary  condition  of  factories  and  workshops,  and 
the  preservation  of  the  health  of  employees. 

(Stats.  1889,  3,  ch.  V;  amended  1901,  571,  ch.  CLXXVI,  and  1903,  16,  ch.  XII.) 

§  1.  Every  factory,  workshop,  mercantile  or  other  establishment,  in  which 
five  or  more  persons  are  employed,  shall  be  kept  in  a  cleanly  state  and  free 
from  the  effluvia  arising  from  any  drain,  privy,  or  other  nuisance,  and  shall  be 
provided,  within  reasonable  access,  with  a  sufficient  number  of  water-closets 
or  privies  for  the  use  of  the  persons  employed  therein.  Whenever  the  persons 
employed  as  aforesaid  are  of  different  sexes,  a  sufficient  number  of  separate 
and  distinct  water-closets  or  privies  shall  be  provided  for  the  use  of  each  sex, 
which  shall  be  plainly  so  designated,  and  no  person  shall  be  allowed  to  use 
any  water-closet  or  privy  assigned  to  persons  of  the  oth,er  sex. 

§  2.  Every  factory  or  workshop  in  which  five  or  more  persons  are  employed 
shall  be  so  ventilated  while  work  is  carried  on  therein  that  the  air  shall  not 
become  so  exhausted  as  to  be  injurious  to  the  health  of  the  persons  employed 
therein,  and  shall  also  be  so  ventilated  as  to  render  harmless,  as  far  as  prac- 
ticable, all  the  gases,  vapors,  dust,  or  other  impurities  generated  in  the  course 
of  the  manufacturing  process  or  handicraft  carried  on  therein,  that  may  be 
injurious  to  health. 

§  3.  No  basement,  cellar,  underground  apartment,  or  other  place  which  the 
commissioner  of  the  bureau  of  labor  statistics  shall  condemn  as  unhealthy  and 
unsuitable,  shall  be  used  as  a  workshop,  factory,  or  place  of  business  in  which 
any  person  or  persons  shall  be  employed. 

§  4.  In  any  factory,  workship,  or  other  establishment  where  a  work  or  process 
is  carried  on  by  which  dust,  filaments,  or  injurious  gases  are  generated  or  pro- 
duced, that  are  liable  to  be  inhaled  by  persons  employed  therein,  the  person, 
firm,  or  corporation  by  whose  authority  the  said  work  or  process  is  carried  on 
shall  cause  to  be  provided  and  used  in  said  factory,  workshop,  or  establishment  an 
exhaust  fan  or  blower,  with  pipes  and  hoods  extending  therefrom  to  each 
wheel  or  other  apparatus  used  to  grind,  polish,  or  buff  metals.  The  said  fan  or 
blower,  and  the  said  pipes  and  hoods,  all  to  be  properly  fitted  and  adjusted, 
and  of  power  and  dimensions  sufficient  to  effectually  prevent  the  dust  and 
filaments  produced  by  the  abovesaid  metal-polishing,  metal-grinding,  or  metal- 
buffing  from  escaping  into  the  atmosphere  of  the  room  or  rooms  of  said  factory, 
workshop,  or  establishment  where  persons  are  employed.  [Amendment,  Stats. 
1901,  571.] 

§  5.  Every  person,  firm,  or  corporation  employing  females  in  any  manu- 
facturing, mechanical,  or  mercantile  establishment  shall  provide  suitable  seats 
for  the  use  of  the  females  so  employed,  and  shall  provide  such  seats  to  the  num- 


FACTORIE3S,    SANITATION— SAN    DIEGO     BAV.  446 

ber  of  at  least  one  third  the  number  of  females  so  employed ;  and  shall  permit 
the  use  of  such  seats  by  them  when  they  are  not  necessarily  engaged  in  the 
active  duties  for  which  they  are  employed.     [Amendment,  Stats.  1903,  16.] 

§  6.  Any  person  or  corporation  violating  any  of  the  provisions  of  this  act 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  fifty  dollars  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  thirty  days  nor  more  than 
ninety  days,  or  by  both  such  fine  and  imprisonment,  for  each  oifeuse.  [Amend- 
ment, Stats.  1901,  671.] 

§  7.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor  statistics 
to  enforce  the  provisions  of  this  act. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Section  6  of  the  original  statute  was  held  unconstitutional  in  Schaezlein  vs.  Cabaniss, 
135  Cal.  466,  467,  87  Am.  St.  Rep.  122,  67  Pac.      Rep.  755,  56  L.  R.  A.  733. 

FALSE  BAY,  SAN  DIEGO. 

Providing  for  authority  to  use  the  tide-waters  of  the  entrance  to  "False  Bay" 
in  San  Diego  County,  and  certain  lands  adjacent  thereto,  to  propel  ma- 
chinery; and  to  permit  the  erection  and  maintenance  of  structures  for 
the  installation,  maintenance  and  operation  of  such  machinery;  and  fixing 
the  charge  therefor, 

(Stats.  1905,  294,  ch.  CCXC.) 

§  1,  Any  person,  association  of  persons  or  corporation  desiring  to  develop 
or  utilize,  to  propel  machinery,  the  power  generated  by  the  movement  of  the 
waters  of  the  channel  or  entrance  from  the  Pacific  Ocean  into  that  bay  known 
as  "False  Bay,"  situate  in  the  county  of  San  Diego,  state  of  California,  and 
which  said  channel  lies  between  pueblo  lots  numbered  eighteen  hundred  and 
three,  two  hundred  and  four,  two  hundred  and  three  and  two  hundred  and  five 
of  the  city  of  San  Diego,  in  said  county,  according  to  the  map  of  said  city, 
must  publish  a  notice,  at  least  once  in  each  week,  for  three  successive  weeks, 
in  a  newspaper  published  in  the  city  of  San  Diego  aforesaid,  stating  the  time 
at  which  application  will  be  made  to  the  board  of  supervisors  of  said  county 
for  authority  to  so  develop  or  use  the  aforesaid  power.  After  notice  is  given 
application  must  be  made  to  said  board  of  supervisors,  at  any  meeting  specified 
in  said  notice,  for  authority  aforesaid.  On  the  hearing  any  person  may  appear 
and  be  heard.  The  board  may  take  testimony,  or  authorize  it  to  be  taken  by 
any  judicial  officer  of  said  county,  and  it  may  adjourn  the  hearing  from  time 
to  time.  If  the  board  are  of  the  opinion  that  the  public  interests  will  be  pro- 
moted thereby,  it  may,  by  the. assent  of  a  majority  of  all  members  present,  by 
an  order  entered  in  its  minutes,  grant  to  such  applicant  authority  to  use  said 
waters,  together  with  a  strip  of  land,  not  to  exceed  one  thousand  feet  in  width, 
commencing  at  the  ordinary  high-water  mark,  on  one  of  the  shores  of  said 
channel,  and  extending  to  the  ordinary  high-water  mark  on  the  opposite  shore 
of  said  channel,  for  the  purpose  of  developing  or  utilizing  the  power  generated 
by  the  action  of  the  waters  of  said  channel  to  operate  or  propel  machinery; 
also  to  place,  construct,  and  maintain  upon  said  land  and  out  into  or  over  said 
waters,  wheels,  and  such  other  structures  as  are  necessary  or  convenient  for 


446  FEATHER     RIVER     BRIDGE — FEES     OF     OFFICERS. 

the  installation,  maintenance  or  operation  of  wheels  and  machinery  to  be  pro- 
pelled by  the  power  generated  by  the  action  of  said  waters. 

§  2,  Every  person,  association  of  persons  or  corporation  so  acquiring  the 
right  to  occupy  such  lands  or  waters,  shall,  on  the  first  day  of  January  of  each 
year  thereafter,  and  so  long  as  they  shall  occupy  the  same,  pay  to  the  county 
treasurer  of  said  county  the  sum  of  twenty-five  dollars  per  annum  for  the  use 
and  occupation  thereof, 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

FEATHER  RIVER  BRIDGE. 

To  declare  the  bridge  across  Feather  River,  extending  from  Fifth  Street,  at  the 
city  of  Marysville,  in  the  county  of  Yuba,  to  the  opposite  bank  of  said 
river,  a  free  bridge. 

(Stats.  1891,  263,  ch.  CLXXXIII.) 

§  1.  The  bridge  extending  across  Feather  River  from  Fifth  Street,  at  the 
city  of  Marysville,  in  the  county  of  Yuba,  to  the  opposite  bank  of  said  river, 
and  constructed  by  the  county  of  Sutter,  in  pursuance  of  an  act  of  the  legis- 
lature of  this  state  entitled  "An  act  to  authorize  the  board  of  supervisors  of 
Sutter  County  to  construct  a  bridge  across  Feather  River,"  approved  April 
eleventh,  eighteen  hundred  and  fifty-nine,  and  the  various  acts  amendatory 
thereof  and  supplemental  thereto,  is  hereby  declared  to  be  free  for  all  cross- 
ings of  persons  and  property,  and  no  tolls  shall  hereafter  be  collected  or  re- 
ceived for  the  crossing  of  said  bridge. 

§  2,  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

FEES— CITY  JUSTICE,  OR  RECORDER. 

Forbidding  the  payment  of  municipal  officers  out  of  the  funds  of  the  county. 
(Stats.  1905,  88,  ch.  LXXXIX.) 

§  1.  In  no  ease  shall  the  fees  of  a  city  justice  of  the  peace,  town  or  city 
recorder  or  city  or  town  marshal,  for  services  in  any  criminal  action,  be  a 
charge  against  the  county. 

FEES— SAN  FRANCISCO. 

To  repeal  an  act  entitled  "An  act  to  regulate  fees  in  the  city  and  county  of 
San  Francisco,"  approved  February  ninth,  eighteen  hundred  and  sixty-six. 

(Stats.  1905,  387,  ch.  CCCXXXI.) 

§  1.  An  act  entitled  "An  act  to  regulate  fees  in  the  city  and  county  of  San 
Francisco,"  approved  February  ninth,  eighteen  hundred  and  sixty-six,  is  here- 
by repealed. 

§  2.     This  act  shall  take  effect  immediately. 


FEBS     AND     COMMISSIONS— STATE     AND     COUNTY.  44T 

FEES  AND  COMMISSIONS— STATE. 

To  abolish  commissions  or  fees  paid  by  the  state  for  the  assessment,  equaliza- 
tion, auditing,  and  collection  of  ad  valorem  taxes. 

(Stats.  1893,  5,  ch.  VIII.) 

§  1.  All  commissions  or  fees  paid  by  the  state  to  the  officers  of  any  county, 
or  city  and  county,  for  services  rendered  in  the  assessment,  equalization,  audit- 
ing, and  collection  of  ad  valorem  taxes,  are  hereby  abolished;  provided,  that 
this  shall  not  affect  the  commissions  paid  to  the  assessor  of  the  several  counties 
for  services  rendered  in  the  collection  of  personal  property  taxes,  as  provided 
by  chapter  eight  of  the  Political  Code,  or  the  mileage  allowed  to  the  treasurer 
of  the  several  counties,  or  cities  and  counties,  in  making  settlements  with  the 
state,  as  provided  by  section  three  thousand  eight  hundred  and  seventy-six  of 
the  Political  Code. 

§  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.  This  act  shall  take  effect  from  and  after  the  first  Monday  in  May, 
eighteen  hundred  and  ninety-three. 

See  County  Yolo  vs.   Colgan,   132   Cal.   265,    64  Pac.  Rep.  403,  84  Am.  St.  Rep.  41. 

FEES  OF  OFFICERS— COUNTY  AND  TOWNSHIP. 

To  establish  the  fees  of  county,  township,  and  other  officers  and  of  jurors  and 

witnesses  in  this  state. 

(Stats.  1895,  267,  ch.  CCVII.) 

§  1.  The  following  county,  township  and  other  officers  shall  charge  and  col- 
lect the  following  fees : 

COUNTY  CLERK. 

On  the  commencement  of  any  action  or  proceeding  in  the  superior  court,  except 
probate  proceedings,  or  on  an  appeal  thereto,  to  be  paid  by  the  party  commencing 
such  action  or  proceeding,  or  taking  such  appeal,  five  dollars. 

On  the  filing  of  a  petition  for  letters  of  administration,  testamentary  or  guar- 
dianship, five  dollars,  to  be  paid  by  the  petitioner ;  provided,  that  at  the  time  of 
filing  the  inventory  and  appraisement  in  any  such  proceeding  there  shall  be  an 
additional  deposit  of  one  dollar  for  each  additional  thousand  dollars  of  the 
appraised  valuation,  in  excess  of  three  thousand  dollars. 

On  filing  the  petition  to  contest  any  will  or  codicil,  three  dollars. 

On  the  appearance  of  any  defendant,  or  any  number  of  defendants  answering 
jointly,  to  be  paid  upon  filing  the  first  paper  in  the  action  by  him  or  them,  two 
dollars. 

On  placing  any  action,  excepting  a  probate  proceeding  or  default  case,  on  the 
calendar  for  trial  or  hearing,  to  be  paid  by  the  party  at  whose  request  such  action 
or  proceeding  is  so  placed,  two  dollars. 

For  every  additional  defendant  appearing  separately,  one  dollar. 

The  foregoing  fees  .shall  be  in  full  for  all  services  rendered  by  such  clerk  in  the 
cause,  to  and  including  the  making  up  of  the  judgment  roll. 

On  the  filing  of  any  notice  of  motion  to  move  for  a  new  trial  of  any  civil  action 
or  proceeding,  the  party  filing  same  shall  pay  to  the  clerk,  in  full  for  all  services 


448  FEES    OF    OFFICERS — COUNTY    AND    TOWNSHIP. 

to  be  rendered  in  connection  with  said  motion,  except  as  hereinafter  in  this  section 
provided,  two  dollars. 

For  issuing  an  execution  or  order  of  sale  in  any  action,  one  dollar. 

In  all  proceedings  begun  or  acts  performed  prior  to  this  act  becoming  a  law, 
such  fees  and  charges  as  were  provided  by  law  at  the  time  such  proceedings  were 
begun  or  acts  performed. 

The  clerk  shall  also  charge  and  collect  the  following  fees  and  compensation  not 
above  provided  for : 

For  any  copy  of  any  record,  proceeding,  or  paper  on  file  in  the  office  of  the 
clerk  relating  to  any  civil  action  pending  in  said  court,  when  such  copy  is  made 
by  him,  per  folio,  ten  cents. 

For  each  certificate  of  the  clerk,  under  the  seal  of  the  court,  twenty-five  cents. 

For  filing  each  claim  in  probate  or  insolvency  proceedings,  fifteen  cents. 

No  fees  shall  be  allowed  or  charged  by  the  clerk  for  services  rendered  in  any 
criminal  case. 

For  services  rendered  by  the  clerk,  not  in  connection  with  civil  actions  or  pro- 
ceedings in  court,  he  shall  charge  and  collect,  for  the  benefit  of  the  county,  the 
following  fees : 

For  issuing  marriage  license,  one  half  to  be  paid  to  the  county  recorder,  two 
dollars. 

For  filing  and  indexing  articles  of  incorporation,  one  dollar. 

For  filing  and  indexing  certificates  of  copartnership,  one  dollar. 

For  filing  and  indexing  all  papers  to  be  kept  by  him,  other  than  papers  filed 
in  actions  or  proceedings  in  court,  and  official  bonds  and  certificates  of  appoint- 
ment, each,  twenty-five  cents. 

For  issuing  any  license  required  by  law,  other  than  marriage  licenses,  one 
dollar. 

For  examining  and  certifying  to  a  copy  of  any  paper,  record,  or  proceeding 
prepared  by  another,  and  presented  for  his  certificate,  fifty  cents,  and  one  cent 
per  folio  for  comparing  the  said  copy  with  the  original. 

For  making  satisfaction  of  or  credit  on  judgment,  twenty-five  cents. 

For  receiving  and  filing  remittitur  from  supreme  court,  fifty  cents. 

For  administering  each  oath,  without  certificate,  except  in  a  pending  action 
or  proceeding,  ten  cents. 

For  taking  any  affidavit,  except  in  criminal  cases,  twenty-five  cents. 

For  taking  and  approving  each  undertaking,  and  the  justification  thereof, 
except  in  criminal  cases,  fifty  cents. 

For  searching  records  or  files,  for  each  year,  fifty  cents. 

For  taking  acknowledgment  of  any  deed  or  other  instrument,  including  the 
certificate,  fifty  cents. 

For  filing  notices  of  appeal  and  appeal  bonds,  each,  twenty-five  cents. 

SHERIFF. 

For  serving  any  process,  writ,  order  or  paper,  except  as  hereinafter  provided, 
required  by  law  to  be  served  by  the  sheriff,  fifty  cents. 

For  serving  a  writ  of  attachment,  execution  or  order  for  the  delivery  of  per- 
sonal property,  one  dollar. 

For  taking  any  bond  or  undertaking,  fifty  cents. 


FEES    OP    OFFICERS— COUNTY    AND     TO\%'NSHlP.  440 

For  serving  an  attachment  or  execution  on  any  ship,  boat  or  vessel,  three 
dollars. 

For  keeping  and  caring  for  property  under  attachment  or  execution,  such  sum 
as  the  court  may  fix ;  provided,  that  no  greater  sum  than  two  dollars  per  day  shall 
be  allowed  to  a  keeper  w^hen  necessarily  employed. 

For  a  copy  of  any  writ,  process  or  paper  actually  made  by  him,  when  required 
or  demanded  according  to  law,  per  folio,  ten  cents;  provided,  that  when  correct 
copies  are  furnished  to  him  for  use,  no  charge  shall  be  made  for  such  copies. 

For  advertising  sale  of  property  and  posting  notice,  exclusive  of  cost  of  publi- 
cation, or  furnishing  notice  for  publication,  each,  fifty  cents. 

For  publication  of  notice  in  newspaper,  the  reasonable  cost  of  publication,  sub- 
ject to  the  approval  of  the  court. 

For  serving  writ  of  possession  or  restitution,  putting  a  person  in  possession  of 
the  premises  and  removing  the  occupant,  one  dollar  and  fifty  cents. 

For  subpoenaing  witness,  including  copy  of  subpoena,  each,  twenty-five  cents. 

For  summoning  trial  jury  of  twelve  or  less,  two  dollars;  for  each  additional 
juror,  ten  cents. 

For  traveling  in  the  service  of  any  paper  required  by  law  to  be  served,  for  each 
mile  actually  and  necessarily  traveled,  one  way  only,  fifteen  cents,  when  such 
travel  can  be  made  by  rail;  in  other  cases,  twenty-five  cents.  No  constructive 
mileage  to  be  allowed. 

For  collecting  money  on  execution,  with  or  without  levy,  one  per  centum  on  the 
first  thousand  dollars  or  less,  and  one  half  of  one  per  centum  on  all  sums  over  one 
thousand  dollars. 

For  executing  and  delivering  sheriff's  deed,  one  dollar  and  fifty  cents. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  transporting  prisoners  to  the  county  jail,  the  actual  cost  of  such  trans- 
portation. 

For  executing  and  delivering  any  other  instrument,  ten  cents  per  folio. 

RECORDER. 

For  recording  every  instrument,  paper  or  notice  required  by  law  to  be 
recorded,  per  folio,  ten  cents. 

For  indexing  every  instrument,  paper  or  notice,  for  each  name,  ten  cents. 

For  filing  every  instrument  for  record  and  making  the  necessary  entries 
thereon,  twenty  cents. 

For  each  certificate  under  seal,  twenty-five  cents. 

For  every  entry  of  discharge,  credit  or  release  on  the  margin  of  record,  and 
indexing  same,  twenty-five  cents. 

For  searching  the  records  of  his  ofSce,  for  each  year,  fifty  cents. 

For  abstract  of  title,  for  each  conveyance  or  encumbrance,  twenty-five  cents. 

For  recording  each  map  or  plat  where  the  same  is  copied  in  a  book  of  record, 
for  each  course,  ten  cents. 

For  recording  each  map  or  plat  where  the  same  is  not  copied  in  a  book  of 
record,  fifty  cents. 

For  figures  or  letters  on  maps  or  plats,  per  folio,  ten  cents ;  provided,  that  the 
fees  for  recording  any  map  shall  not  exceed  fifty  dollars. 

For  taking  acknowledgment  of  any  instrument,  fifty  cents. 

Gen.    Laws — 29 


450  FEES    OF    OFFICERS — COUNTY    AND    TOW'NSHIP. 

For  recording  marriage  license  and  certificate,  to  be  paid  by  the  county  clerk, 
one  dollar. 

For  recording  transcript  and  all  services  in  estray  cases,  one  dollar. 

For  recording  each  mark  or  brand,  fifty  cents. 

For  administering  each  oath  or  affirmation  and  certifying  the  same,  twenty- 
five  cents. 

For  filing,  indexing  and  keeping  each  paper  not  required  by  law  to  be  recorded, 
twenty-five  cents. 

The  clerk,  sheriff,  and  recorder  shall  account  for  all  fees  in  this  section  pro- 
vided for,  and  the  clerk,  sheriff  and  recorder,  unle.ss  otherwise  provided  by  law, 
shall  pay  the  same  to  the  county  treasurer  on  the  first  Monday  of  the  month  fol- 
lowing their  collection,  as  provided  in  this  act. 

CONSTABLES  AND  MARSHALS. 

For  serving  summons  and  complaint,  for  each  defendant  served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when  made  by  him,  twenty-five  cents. 

For  levying  writ  of  attachment  or  execution,  or  executing  order  of  arrest  or 
for  the  delivery  of  personal  property,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on  any  ship,  boat  or  vessel,  three 
dollars. 

For  keeping  personal  property,  such  sum  as  the  court  may  order ;  but  no  more 
than  two  dollars  per  day  shall  be  allowed  for  a  keeper  when  necessarily  employed. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writs  and  other  papers,  except  summons,  complaint  and  sub- 
poenas, per  folio,  ten  cents;  provided,  that  when  correct  copies  are  furnished  him 
for  use,  no  charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice  or  order,  except  summons,  complaint  or  subpoenas, 
for  each  person  served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of  property,  twenty-five  cents. 

For  furnishing  notice  for  publication,  twenty-five  cents. 

For  serving  subpoenas,  each  witness,  including  copy,  twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one  half  per  centum. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  executing  and  delivering  constable's  deed,  one  dollar  and  fifty  cents. 

For  each  mile  actually  traveled  within  his  town.ship  in  the  service  of  any  writ, 
order,  or  paper,  except  a  warrant  of  arrest,  in  going  only,  per  mile,  twenty-five 
cents. 

For  traveling  outside  of  his  township  to  serve  such  writ,  order,  or  paper,  in 
going  only,  fifteen  cents ;  provided,  that  a  constable  shall  not  be  required  to  travel 
outside  of  his  township  to  serve  any  civil  process,  order,  or  paper.  No  con- 
structive mileage  allowed. 

For  each  mile  necessarily  traveled  within  his  county  in  executing  a  warrant  of 
arrest,  both  in  going  and  returning  from  place  of  arrest,  fifteen  cents. 

For  each  mile  traveled  out  of  his  county,  both  going  and  returning  from  place 
of  arrest,  five  cents ;  provided,  that  no  mileage  shall  be  charged  for  a  warrant  of 
arrest  or  criminal  process  served  outside  of  his  township,  except  such  service  be 
approved  in  writing  by  the  district  attorney  of  the  county ;  and  provided  further, 
that  for  traveling  in  the  performance  of  two  or  more  official  services  at  the  same 


KEES    OF    OFFICERS— COUNTY    AND    TOWNSHIP.  451 

time,  including  the  service  of  civil  process  or  criminal  warrants,  or  transportation 
of  persons  cliaryed  or  convicted  of  a  criminal  offense,  but  one  mileage  shall  be 
charged ;  provided,  that  in  criminal  cases  he  shall  not  receive  more  than  one  hun- 
dred dollars  in  any  one  month,  and  not  more  than  one  thousand  dollars  in  any  one 
year. 

For  executing  a  search  warrant,  such  fees  and  mileage  as  may  be  allowed  for 
executing  warrant  of  arest. 

For  arresting  prisoner  and  bringing  him  into  court,  one  dollar. 

For  summoning  a  jury,  two  dollars,  including  mileage. 

For  transporting  prisoners  to  the  county  jail,  the  actual  cost  of  such  trans- 
portation. 

Provided,  that  the  board  of  supervisors  may  reject  all  bills  presented  to  the 
county  by  justices  of  the  peace  and  constables  for  fees  in  criminal  cases  in  all 
cases  of  proceedings  in  which  the  district  attorney  has  not,  in  writing,  approved 
the  issuance  of  the  warrant  of  arrest. 

County  officers  must,  and  township  officers  may,  demand  the  payment  of  all 
fees  in  civil  cases,  in  advance. 

JUSTICES  OF  THE  PEACE. 

Justices  of  the  peace  may,  for  their  own  use,  collect  the  following  fees,  and  no 
others : 

Each  justice  of  the  peace  shall  be  allowed,  in  a  civil  action  before  him,  for  all 
services  to  be  performed  by  him  before  trial,  two  dollars ;  and  for  the  trial  and  all 
proceedings  subsequent  thereto,  including  all  affidavits,  swearing  witnesses  and 
jury,  and  the  entry  of  judgment  and  issue  of  execution  thereon,  three  dollars ; 
and  in  all  cases  where  judgment  is  rendered  by  default  or  confession,  for  all  ser- 
vices, including  execution  and  satisfaction  of  judgment,  two  dollars. 

For  all  services  in  a  criminal  action  or  proceeding,  whether  on  examination  or 
trial,  three  dollars;  provided,  however,  that  no  more  than  the  sum  of  seventy-five 
dollars  in  any  one  month  shall  be  allowed  out  of  the  county  treasury,  in  misde- 
meanor cases,  to  any  one  justice. 

For  taking  bail  after  commitment  by  another  magistrate,  fifty  cents. 

For  certificate  and  transmitting  transcript  and  papers  on  appeal,  one  dollar. 

For  copies  of  papers  on  docket,  per  folio,  ten  cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the  party  demanding  the  same, 
fifty  cents. 

For  celebrating  a  marriage,  and  returning  a  certificate  thereof  to  the  county 
recorder,  three  dollars. 

For  taking  an  acknowledgment  of  any  instrument,  for  the  first  name,  fifty 
cents;  for  each  additional  name,  twenty-five  cents. 

For  taking  depositions,  per  folio,  fifteen  cents. 

For  administering  an  oath,  and  certifying  the  same,  twenty-five  cents. 

For  i.ssuing  a  commission  to  take  testimony,  fifty  cents. 

For  all  services  connected  with  the  posting  of  estrays,  one  dollar. 

In  cases  before  the  justice  of  the  peace,  when  the  venue  shall  be  changed,  the 
justice  before  whom  the  action  shall  be  brought,  for  all  services  rendered,  includ- 
ing the  making  up  and  transmission  of  the  transcript  and  papers,  shall  receive 
one  dollar ;  and  the  justice  before  whom  the  trial  shall  take  place  shall  receive  the 
same  fees  as  if  the  action  had  been  commenced  before  him. 


452  FEES    OP    OFFICERS — OF    JURORS    AND    WITNESSES.  y 

For  performing  the  duties  of  coroner,  when  the  coroner  fails  to  act,  the  same . 
fees  and  mileage  as  are  allowed  the  coroner  in  like  cases. 

For  issuing  each  process,  writ,  order,  or  paper  required  by  law  to  be  issued  not 
otherwise  herein  provided  for,  twenty-five  cents. 

For  administering  oath  or  affirmation  not  otherwise  herein  provided  for,  ten 
cents. 

For  each  certificate  or  affidavit  not  otherwise  herein  provided  for,  twenty-five 
cents. 

For  taking  and  approving  bond  or  undertaking,  including  the  justification  of 
sureties,  fifty  cents. 

19.  Jurors'  and  witness'  fees  shall  be  as  follows: 

JUEORS'    FEES. 

For  attending  as  a  grand  juror  or  juror  in  the  superior  court,  for  each  day's 
attendance,  per  day,  two  dollars. 

For  attending  justice's  court,  for  each  juror  sworn  to  try  the  cause,  per  day, 
in  civil  cases  only,  two  dollars. 

For  each  mile  actually  traveled  in  attending  court,  as  a  juror,  except  in  crim- 
inal cases  in  justice's  court,  for  which  no  allowance  shall  be  made,  in  going  only, 
per  mile,  fifteen  cents. 

WITNESS'  FEES. 

For  each  day's  actual  attendance,  when  legally  required  to  attend  upon  the 
superior  court,  per  day,  two  dollars  in  civil  cases,  and  one  dollar  and  fifty  cents 
in  criminal  cases. 

Mileage  actually  traveled,  one  way  only,  per  mile,  ten  cents ;  provided,  however, 
that  in  criminal  cases,  such  per  diem  and  mileage  shall  only  be  allowed  upon  a 
showing  to  the  court,  by  the  witness,  that  the  same  are  necessary  for  the  expenses 
of  the  witness  in  attending,  and  the  court  shall  determine  the  necessity  for  the 
same,  and  may  disallow  any  fees  to  a  witness  unnecessarily  subpoenaed. 

For  each  day's  attendance  upon  justice's  court,  in  civil  cases  only,  when 
legally  required  to  attend,  per  day,  one  dollar. 

For  each  mile  actually  traveled,  in  civil  cases  only,  in  ju-stice's  court,  in  going 
only,  ten  cents. 

Witnesses  in  civil  cases  may  demand  the  payment  of  their  mileage  and  fees  for 
one  day  in  advance,  and  when  so  demanded  shall  not  be  compelled  to  attend  until 
the  same  shall  have  been  paid. 

CORONERS. 

Coronei-s  may,  for  their  own  use,  collect  the  following  fees,  and  no  others : 

For  general  services  in  holding  an  inquest,  ten  dollars. 

For  each  witness  subpcpnaed,  twenty-five  cents. 

For  each  mile  necessarily  traveled  in  going  to  the  place  of  the  inquest,  twenty- 
five  cents. 

For  directing  or  attending  the  interment  of  each  body  upon  which  an  inquest 
has  been  held,  two  dollars;  which  fees  shall  be  all  that  he  shall  be  entitled  to 
charge. 

When  acting  as  or  in  the  place  of  the  sheriff,  the  same  fees  as  are  allowed  the 
sheriff  for  like  services. 


FEES    OF    OFFICERS— PUBLIC    ADMINISTRATOR    AND     SURVEVOU. 


PUBLIC  ad:\iinistrator. 

The  public  administrator  shall  charge  and  collect  such  fees  as  are  now  or  may- 
hereafter  be  allowed  by  law. 

COUNTY  SURVEYOR. 

The  county  surveyor  shall  charge  and  collect  such  fees  as  are  now  or  may  here- 
after be  allowed  by  law. 

NO  FEES  FOR  CERTAIN  SERVICES. 

§  2.  No  fees  or  other  compensation  shall  be  paid  for  certificates  of  declaration 
to  become  a  citizen  of  the  United  States,  and  for  making  a  record  thereof,  or  for 
issuing  a  certificate  of  citizenship  to  become  a  citizen  of  the  United  States,  or 
for  making  a  record  thereof ;  and  no  fees  or  other  compensation  shall  be  paid  for 
filing  the  statement  and  affidavit  of  a  committee  or  candidate  voted  for  at  any 
public  election  held  within  the  state;  and  this  section  shall  apply  to  all  the  coun- 
ties in  this  state. 

§  3.     All  acts  or  portions  of  acts  inconsistent  herewith  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 


statutes  fixing  fees  of  county  and  to-wn- 
ship  officers  prior  to  the  County  Government 
Act  of  1SS3  were  repealed  by  the  latter 
statute  in  the  following-  provisions:  Sec.  164 — 
"The  salaries  and  fees  provided  for  in  this 
act  shall  be  in  full  compensation  for  all 
services  of  every  kind  and  description  ren- 
dered by  the  officers  therein  named,"  etc. 
Sec.  182 — "The  provisions  of  this  act,  so  far 
as  it  relates  to  the  fees  and  salaries  of  all 
officers  named,  except  jusuces  of  the  peace 
and  constables,  shall  not  affect  the  present 
Incumbents,"  etc.  Sec.  184 — "All  acts  and 
parts  of  acts  inconsistent  with  this  act  are 
nereby  repealed."  Decisions  affecting-  those 
provisions  of  the  statute  will  be  found  un- 
der the  title  County  Government,  Stats.  1883. 
So  the  statute  here  given  purports  to  fix  fees 
that  may  be  charg^ed  and  repeals  "all  acts 
or  portions   of  acts   inconsistent  therewith." 

Jury  fees. — It  may  be  further  noted  that, 
while  the  amount  of  Jury  fees  is  here  fixed, 
yet  it  has  been  held  that  the  provision  in 
the  statute  of  1870,  as  amended  by  1871-2, 
188,  ch.  CLXVIII,  that  jury  fees  shall  be 
paid  by  party  calling  for  jury,  where  jury  is 
discharged  without  having  arrived  at  a  ver- 
dict, has  not  been  repealed  by  the  codes 
nor  by  subsequent  legislation. — Carpenter 
vs.  Jones,  121  Cal.  362,  364,  53  Pac.  Rep.   842. 

And  as  to  fees  In  San  Francisco,  it  was 
held  that  the  statute  of  1866  had  not  been 
lepealed.  as  to  the  mode  in  w^hich  payment 
should  be  made. — Hilton  vs.  Curry,  124  Cal. 
84-89,  56  Pac.  Rep.  784;  Birch  vs.  Phelan, 
127  Cal.  49,  50.  51,  59  Pac.  Rep.  209;  but  that 
statute  is  now  repealed:  1905,  387,  ch. 
CCCXXXL 


The  present  statute  has  been  cited  as  fol- 
lows: As  to  San  Francisco,  Miller  vs.  Curry, 
113  Cal.  644,  645,  45  Pac.  Rep.  877;  justices' 
fees  (unconstitutional),  Dwyer  vs.  Parker, 
115  Cal.  544,  547,  47  Pac.  Rep.  372;  justices' 
fees,   Reid  vs.   Groezinger,   115  Cal.   551,   552, 

47  Pac.  Rep.  374;  ad  valorem  fee  (unconsti- 
tutional),   Fatjo   vs.   Pfister,    117   Cal.   83,    84, 

48  Pac.  Rep.  1012;  jurors.  Carpenter  vs. 
Jones,  121  Cal.  362,  364,  53  Pac.  Rep.  842; 
justice  of  the  peace,  Cooley  vs.  County 
Calaveras,  121  Cal.  482,  484.  53  Pac.  Rep. 
1075;  jurors'  fees,  Hilton  vs.  Curry,  124  Cal. 
84,  87,  56  Pac.  Rep.  784;  clerk  fees,  Davis 
&  Son  vs.  Hurgren  &  Anderson,  125  Cal.  48. 
50,  57  Pac.  Rep.  684;  justices'  fees.  San 
Francisco,  Kozminsky  vs.  Williams,  126  Cal. 
26,  27.  58  Pac.  Rep.  310;  jurors'  fees.  Birch 
vs.  Phelan,  127  Cal.  49-51,  59  Pac.  Rep.  209; 
witness  fees.  Murphy  vs.  Madden,  130  Cal. 
674,  676,  63  Pac.  Rep.  80;  constable  (uncon- 
stitutional), Kiernan  vs.  Swan,  131  Cal.  410, 
412,  63  Pac.  Rep.  768;  clerk,  ad  valorem  (un- 
constitutional), Wingerter  vs.  San  Fran- 
cisco, 134  Cal.  547,  86  Am.  St.  Rep.  94.  66 
Pac.  Rep.  730;  justice  of  the  peace,  Burce 
vs.  Jack,  135  Cal.  535,  536,  67  Pac.  Rep.  907; 
constables,  Thom  vs.  County  Los  Angeles, 
136  Cal.  375,  378,  69  Pac.  Rep.  18;  jurors, 
Powell  vs.  Phelan,  138  Cal.  271,  71  Pac.  Rep. 
335;  tax  collector.  County  Butte  vs.  Merrill, 
141  Cal.  396,  397,  74  Pac.  Rep.  1036;  county 
clerk.  I.  X.  L..  Lime  Co.  vs.  Superior  Court, 
143  Cal.  170,  173,  76  Pac.  Rep.  973;  justice 
of  the  peace,  Tucker  vs.  Barnum.  144  Cal. 
266.  267,  77  Pac.  Rep.  919;  generally,  County 
San  Diego  vs.  Schwartz,  145  Cal.  49,  51,  78 
Pac.  Rep.  231. 


FENCES— DIVISION— CITIES. 

Regulating  the  lieight  of  division  fences  and  partition  walls  in  cities  and  towns. 

(Stats.  1885,  45,  ch.  XXXIX.) 
§  1.     It  shall  be  unlawful  for  the  owner  of  real  property  in  any  city  or  town 
in  this  state,  or  any  person  having  possession  thereof,  to  construct,  erect,  build, 


454  DIVISION    FENCES,    CITY— HUNTING    IN    INCLOSURE. 

permit,  or  maintain  upon  such  premises,  any  fence  or  partition  wall  which  shall 
exceed  ten  feet  in  height,  without  first  obtaining  a  permit  to  do  so  from  the  board 
of  supervisors  or  city  council  of  the  city  or  town  in  which  said  fence  or  wall  is  to 
be  erected  and  maintained. 

§  2.  No  permit  to  construct  or  maintain  any  fence  or  division  partition  wall 
having  a  greater  height  than  ten  feet,  shall  be  granted  by  the  board  of  supervisors 
or  city  council  of  any  city  or  town  in  this  state,  unless  the  person  applying  there- 
for, and  to  whom  such  permit  is  granted,  shall  first  obtain  and  present  to  such 
board  of  supervisors  or  city  council  the  written  consent  of  the  person  or  persons 
having  ownership  and  possession  of  the  adjoining  premises  affected  thereby;  pro- 
vided, that  where  such  fence  or  wall  is  constructed  around  a  public  garden,  or 
place  of  public  resort  where  an  admission  fee  is  charged,  no  signature  or  consent 
of  adjacent  owners  shall  be  required. 

§  3.  Any  violation  of  section  one  of  this  act  shall  be  deemed  a  misdemeanor, 
and  the  person  so  offending  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  sixty  days  nor  more  than  one  year,  or  by  both  fine  and  imprisonment. 

Western  G.  &  M.  Co.  vs.  Knickerbocker,  103  Cal.  Ill,  114,  37  Pac.  Rep.  192;  Ingwersen 
vs.  Barry,  118  Cal.  342,  50  Pac.  Rep.  536.     See  tit.  Fences— Lawful,  post. 

FENCES— HUNTING. 

To  prevent  the  leaving  open  of  inclosures,  and  hunting  on  inclosed  land. 

(Stats.  1875-6,  408,  ch.  CCCXVIII;  amended  (sec.  8)  1877-8,  49,  ch.  XXXVII; 

amended  (sec.  8)  1877-8,  776,  ch.  CCCCXCIX.) 

§  1.  Every  person  who  shall  open  any  gate,  bars,  or  fence  of  another,  for  the 
purpose  of  passing  through,  and  shall  wilfully  leave  the  same  open,  without  the 
permission  of  the  owner,  is  guilty  of  a  misdemeanor. 

§  2.  Every  person  who  wilfully  opens,  tears  down,  or  otherwise  destroys  any 
fence  on  the  inclosed  land  of  another,  is  guilty  of  a  misdemeanor. 

§  3.  Every  person  who  wilfully  enters  upon  the  inclosed  land  of  another  for 
the  purpose  of  hunting,  or  who  discharges  firearms,  or  lights  camp-fires  thereon 
without  first  having  obtained  permission  of  the  owner  or  occupant  of  said  land,  is 
guilty  of  a  misdemeanor. 

§  4.  Every  person  who  wilfully,  carelessly,  or  negligently,  while  hunting  or 
camping  upon  the  inclosed  land  of  another,  kills,  maims,  or  wounds  an  animal, 
the  property  of  another,  is  guilty  of  a  misdemeanor. 

§  5.  Every  person  who,  upon  departing  from  camp,  wilfully  leaves  the  fire  or 
fires  burning  or  unextinguished,  is  guilty  of  a  misdemeanor. 

§  6.  Every  person  found  guilty  of  any  of  the  misdemeanors  herein  mentioned 
shall  be  fined  not  less  than  twenty,  nor  more  than  fifty  dollars,  and  shall  be 
imprisoned  in  the  county  jail  until  such  fine  be  satisfied,  not  exceeding  one  day 
for  every  two  dollars  thereof. 

§  7.  All  acts  and  parts  of  acts  in  conflict  herewith  are  repealed ;  provided, 
however,  nothing  herein  contained  shall  be  construed  as  repealing  section  five 
hundred  and  ninety-four  of  the  Penal  Code. 

§  8.  Section  three  of  this  act  shall  not  apply  to  the  counties  of  Los  Angeles, 
San  Diego,  Sutter,  San  Benito,  Del  Norte,  El  Dorado,  Colusa,  Yuba,  Humboldt, 


LEAVING    FENCES    OPEN — 1,A\%'FUL,    FENCES— FERRIES.  455 

Amador,  Tuolumne,  Shasta,  Plumas,  Lassen,  Siskiyou,  Modoc,  Trinity,  Sierra, 
Placer,  and  Santa  Cruz.  [Amendment,  Stats.  1877-8,  776.  This  section  was 
also  amended  by  Stats.  1877-8,  49.  That  amendment  read  as  follows:  "Section 
three  of  this  act  shall  not  apply  to  the  counties  of  Los  Angeles,  San  Diego,  Sutter, 
Del  Norte,  El  Dorado,  Colusa,  Yuba,  Humboldt,  Amador,  Tuolumne,  San  Luis 
Obispo,  Plumas,  Lassen,  Siskiyou,  Modoc,  Shasta,  Trinity,  Sierra  and  Placer."] 

See   note    under    tit.    Hunting — Private    Property,    post. 

FENCES— LEAVING  OPEN. 

To  prevent  persons  passing  through  inclosures  and  leaving  them  open,  and  tearing 

down  fences  to  make  passage  through  inclosures. 

(Stats.  1871-2,  384,  ch.  CCLXXX.) 

§  1.  Any  person  passing  through  an  inclosure  of  another  and  leaving  the  same 
open,  is  guilty  of  a  misdemeanor,  and  punishable  by  a  fine  not  less  than  twenty 
dollars  nor  more  than  fifty  dollars. 

§  2.  Any  person  wilfully  or  maliciously  tearing  down  fences  to  make  a  pas- 
sage through  an  inclosure,  is  guilty  of  a  misdemeanor,  and  punishable  by  a  fine 
not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars. 

§  3.  All  fines  collected  under  the  provisions  of  this  act  shall  be  paid  into  the 
county  school  fund  of  the  county  where  the  offense  is  committed. 

§  4.     This  act  shall  take  effect  immediately. 

See  tit.  Fences — LaT^ful;  also  note  under  tit.  Hunting — Private  Property,  post. 

FENCES— LAWFUL. 

The  following  special  legislation  is  noted:  San      Bernardino,      Colusa,      Shasta.      Te- 

The   statute   of    1850,    131,   ch.   XLIX,    con-  hama.  Placer,  and  Yuba  counties,  1859.   279; 

cerning-  lawful   fences,  was  repealed,  except  Yuba    included    1863,    351,    repealed    1871-2, 

as  to  counties  of  Amador,  Butte,  Calaveras.  700. 

Colusa,    Klamath,   Nevada,   Placer,    San   Ber-  Tuolumne,   1863-4,   475. 

nardino,   San  Diego,   Santa   Barbara,   Shasta,  Butte  and  Yuba,   1871-2,   700. 

Siskiyou,    Trinity,    Tuolumne,    and    Yuba,    by  Modoc,    1873-4,    362;    1875-6,    71. 

Stats.   1855,  154,  ch.  CXXIX.     The  statute  of  Napa    County — leaving    open,    etc.,    1871-2, 

1855,   above,   was   amended  by   1860,   141,   ch.  434,  §9. 

CL.XXXIII,     relating     to     partition     fences;  El   Dorado,    1869-70.    584. 

1861,  510,  ch.  CCCCLIII,  exempting  the  coun-  Nevada,     1863-4,     318,     making     1855,     as 

ties    of   Amg.dor,    Tuolumne,    Calaveras,    San  amended,    applicable. 

Diego,     Nevada,     San     Bernardino,     Colusa,  San    Joaquin — navigable    streams,    as    In- 

Placer,      Santa      Barbara,      Yuba,      Trinity,  closure,  1865-G,  589. 

Shasta,  Klamath,  and  Siskiyou  from  the  said  Colusa  and   Tehama,   1875-6,    207. 

Act  of  1855;  by  Stats.   1858,  123,   ch.   CLXVI,  Various      counties  —  division      fences      In, 

so  much  of  the  Act  of  1855   "as  excepts  the  1875-6,    175;    1877-8,    765,    1019. 

county  of  Marin  from  the  operation  thereof"  Gonzales    vs.    Wasson,    51    Cal.    295. 

is  repealed;  by  Stats.  1861,  513,  ch.  CCCCLX,  Meade  vs.  Watson,  67  Cal.  591,  8  Pac.  Rep. 

the    Act    of    1855    is    amended    by    declaring  311. 

that   in    all    counties    except    Sonoma.    Napa,  Coterminous    owners. — See    KERR'S    CYC. 

El     Dorado,     Yuba,     and     Marin     any     fence  CIVII.     CODE     §5  801,     840,     841     and     notes; 

which    by    reliable    evidence    is    declared    as  KE:RR'S    CYC.    POL.    CODE    §§19,    2695    and 

strong,   etc.,   as   the   fence   prescribed   by  the  notes.    As  to  adverHe  posse.<4sion  by,  and  the 

former  act,   shall  be  a    "lawful   fence."  statute    of    limitations,    see    KERR'S    CYC. 

Contra  Costa  County,  Stats.  1858,   40,  1861,  CODE  CIVIL  PROC.  §318,  note  pars.   22,  48, 

277. 

FERRIES— NAVIGABLE   STREAMS. 

Eclating  to  ferries  across  navigable  rivers  separating  counties,  and  empowering 
the  boards  of  supervisors  of  such  counties  to  establish  and  maintain  ferries 
across  such  rivers,  and  to  pay  the  expense  thereof. 
(Stats.  1903,  156,  ch.  CXLI.) 


450  NAVIGABLE     STREAMS— FERRY    DEPOT,     SAN    FRANCISCO. 

§  1.  When  a  navigable  river  forms  a  boundary  between  two  counties  of  this 
state,  the  boards  of  supervisors  of  such  counties  are  hereby  given  the  power  to 
establish  and  operate  a  ferry  or  ferries  across  such  stream. 

§  2.  Each  of  such  counties  shall  pay  such  proportion  of  the  expenses  of  estab- 
lishing and  operating  said  ferry  or  ferries  as  may  be  agreed  upon  by  the  boards 
of  supervisors  of  such  counties. 

§  3.  In  case  either  of  said  counties  shall  refuse  to  enter  into  an  agreement  to 
establish  and  operate  such  ferry  or  ferries,  the  county  situated  upon  the  opposite 
bank  of  such  river  may  establish  and  operate  a  ferry  or  ferries  across  such  river, 
and  such  county  is  hereby  empowered  to  acquire  landing-places  for  such  ferry 
or  ferries  on  the  bank  of  such  river  opposite  the  boundary  of  such  county,  and 
may  pay  the  expense  of  establishing  and  operating  said  ferry  or  ferries  out 
of  the  general  road  fund  of  such  county. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

FERRY  DEPOT— SAN  FRANCISCO. 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for  the  con- 
struction and  furnishing,  by  the  board  of  state  harbor  commissioners,  of  a 
general  ferry  and  passenger  depot  in  the  city  and  county  of  San  Francisco ; 
to  create  a  sinking  fund  for  the  payment  of  said  bonds,  and  providing  for  the 
submission  of  this  act  to  a  vote  of  the  people. 

(Stats.  1891,  110,  ch.  CXI.) 
§  1.  For  the  purpose  of  providing  a  fund  for  the  payment  of  the  indebted- 
ness hereby  authorized  to  be  incurred  by  the  board  of  state  harbor  commissioners, 
for  the  erection  and  furnishing  of  a  general  railroad,  passenger,  and  ferry  depot, 
at  or  near  the  foot  of  Market  Street,  in  the  city  and  county  of  San  Francisco,  at 
a  cost  not  to  exceed  six  hundred  thousand  dollars,  which  the  said  board  of  state 
harbor  commissioners  are  hereby  authorized  to  construct  in  the  manner  and 
method  authorized  by  law,  and  at  a  cost  not  to  exceed  said  six  hundred  thousand 
dollars,  the  state  treasurer  shall,  immediately  after  the  issuance  of  the  proclama- 
tion of  the  governor,  hereinafter  provided  for,  prepare  suitable  bonds  of  the  state 
of  California :  One  thousand  bonds,  in  the  denomination  of  one  hundred  dollars 
each ;  five  hundred  bonds,  in  the  denomination  of  five  hundred  dollars  each ;  two 
hundred  and  fifty  bonds,  in  the  denomination  of  one  thousand  dollars  each.  The 
whole  issue  of  said  bonds  shall  not  exceed  the  sum  of  six  hundred  thousand  dollars, 
which  said  bonds  shall  bear  interest  at  the  rate  of  four  per  centum  per  annum 
from  their  date,  and  shall  be  payable  at  the  office  of  the  state  treasurer  at  the 
expiration  of  nineteen  years  from  their  date.  Said  bonds  shall  bear  date  the  first 
day  of  January,  A.  D.  eighteen  hundred  and  ninety-three,  and  shall  be  payable 
on  the  first  day  of  January,  A.  D.  nineteen  hundred  and  twelve.  The  interest 
accruing  on  said  bonds  shall  be  due  and  payable  at  the  office  of  the  said  treasurer 
on  the  first  day  of  January  and  the  first  day  of  July  of  each  year;  provided, 
that  the  first  payment  of  interest  shall  be  made  on  the  first  day  of  July,  A.  D. 
eighteen  hundred  and  ninety-three,  on  so  many  of  said  bonds  as  have  been  here- 
tofore issued.  At  the  expiration  of  nineteen  years  from  the  date  of  said  bonds, 
they  shall  cease  to  bear  interest,  and  said  treasurer  shall  forthwith  pay  the  same 
out  of  the  San  Francisco  depot  sinking  fund,  provided  for  hereinafter  in  this 


FERRY    DEPOT    AT     SAN     FRANCISCO— APPROPRIATION,     BONDS.  457 

act.    Said  bonds  shall  be  signed  by  the  governor,  countersigned  by  the  controller, 
indorsed  by  said  treasurer,  and  shall  have  the  seal  of  the  state  affixed  thereto. 

§  2.  Interest  coupons  shall  be  attached  to  each  bond,  so  that  they  may  be 
removed  without  injury  or  mutilation  to  the  bond.  Said  coupons,  consecutively 
numbered,  shall  be  signed  by  the  state  treasurer.  But  no  interest  on  any  of  said 
bonds  shall  be  paid  for  [at]  any  time  which  may  intervene  between  the  date 
of  any  of  said  bonds  and  the  issue  thereof  to  a  purchaser. 

§  3.  The  sum  of  one  thousand  dollars  is  hereby  appropriated  to  pay  the 
expense  that  may  be  incurred  by  the  state  treasurer  in  having  said  bonds  pre- 
pared. Said  amount  shall  be  paid  out  of  the  San  Francisco  harbor  improvement 
fund,  on  controller's  warrants  duly  drawn  for  that  purpose. 

§  4.  When  the  bonds  authorized  to  be  issued  under  this  act  shall  be  duly  exe- 
cuted, numbered  consecutively,  and  sealed,  they  shall  be  by  the  state  treasurer 
sold  at  public  auction  to  the  highest  bidder  for  cash,  and  in  such  parcels  as  said 
treasurer  shall  deem  best ;  but  he  must  reject  any  and  all  bids  for  said  bonds,  or 
any  of  them,  which  shall  be  below  the  par  value  of  said  bonds ;  and  he  may,  by 
public  announcement  at  the  place  of  sale,  continue  such  sale,  as  to  the  whole  or 
any  part  thereof,  to  any  time  and  place  he  may  select.  Due  notice  of  the  place 
and  time  of  sale  of  such  bonds  shall  be  given  by  said  treasurer,  by  publication  in 
two  newspapers  published  in  the  city  and  county  of  San  Francisco,  and  also  in 
two  newspapers  published  in  the  city  of  Oakland,  two  published  in  the  city  of 
Los  Angeles,  and  two  published  in  the  city  of  Sacramento,  once  a  week  for  four 
weeks  prior  to  such  sale.  The  costs  of  such  publication  shall  be  paid  out  of  the 
San  Francisco  harbor  improvement  fund,  on  controller's  Avarrants  duly  drawn  for 
that  purpose.  The  proceeds  of  the  sale  of  such  bonds  shall  be  forthwith  paid 
over  by  said  treasurer  into  the  treasury,  and  must  be  by  him  kept  in  a  separate 
fund,  to  be  known  and  designated  as  the  "San  Francisco  Depot  Fund,"  and  must 
be  used  exclusively  for  the  building  and  furnishing  of  said  depot.  Drafts  and 
warrants  upon  said  fund  shall  be  drawn  upon  and  shall  be  paid  out  of  said  fund 
in  the  same  manner  as  drafts  and  warrants  are  drawn  upon  and  paid  out  of  the 
San  Francisco  harbor  improvement  fund. 

§  5.  For  the  payment  of  the  principal  and  interest  of  said  bonds  a  sinking 
fund,  to  be  known  and  designated  as  the  "San  Francisco  Depot  Sinking  Fund," 
shall  be,  and  the  same  is  hereby  created,  as  follows :  The  state  treasurer  shall,  on 
the  first  day  of  each  and  every  month  after  the  date  of  said  bonds,  take  from  the 
San  Francisco  harbor  improvement  fund  the  sum  of  four  thousand  six  hundred 
and  thirty-one  dollars,  and  place  the  same  in  said  San  Francisco  depot  sinking 
fund,  created  by  this  section.  Said  treasurer  shall,  on  controller's  warrants  duly 
drawn  for  that  purpose,  employ  the  moneys  in  said  sinking  fund  in  the  purchase 
of  bonds  of  the  United  States,  which  said  bonds  shall  be  kept  in  a  proper  recep- 
tacle, appropriately  labeled ;  but  he  must  keep  always  on  hand  a  sufficient  amount 
of  money  in  said  sinking  fund  with  which  to  pay  the  interest  on  the  state  bonds 
herein  provided  to  be  issued.  And  to  provide  means  for  the  payment  of  said 
sura  of  five  thousand  one  hundred  and  thirty-one  dollars,  monthly,  from  said  San 
Francisco  harbor  improvement  fund  into  said  San  Francisco  depot  sinking  fund, 
and  for  the  other  payments  out  of  said  fund  authorized  by  this  act,  and  as  pro- 
vided for  therein,  the  said  board  of  state  harbor  commissioners  are  hereby  author- 


458  FERRY    DEPOT    AT    SAJV    FRANCISCO — DUTIES    OF    STATE    OFFICERS. 

ized  and  directed,  by  the  collection  of  dockage,  wharfage,  tolls,  rents,  and  cranage, 
to  collect  a  sum  of  money  sufficient  therefor,  over  and  above  the  amount  limited 
by  section  two  thousand  five  hundred  and  twenty-six  of  the  Political  Code  of  the 
state  of  California.  After  the  payment  of  all  of  said  bonds  the  surplus  or  balance 
remaining  in  said  sinking  fund,  if  any  there  be,  shall  forthwith  be  paid  into  the 
San  Francisco  harbor  improvement  fund.  At  the  maturity  of  said  state  bonds  the 
said  treasurer  shall  sell  the  United  States  bonds  then  in  said  sinking  fund,  at 
governing  market  rates,  and  place  the  proceeds  in  said  San  Francisco  depot  sink- 
ing fund,  and  shall  pay  out  the  same  in  extinguishment  of  said  state  bonds  on 
controller's  warrants  duly  draAvn  for  that  purpose. 

§  6.  The  state  treasurer  shall  keep  full  and  particular  account  and  record  of 
all  his  proceedings  under  this  act,  and  he  shall  transmit  to  the  governor  an 
abstract  of  all  his  proceeding's  thereunder,  with  his  annual  report,  to  be  by  the 
governor  laid  before  the  legislature ;  and  all  books  and  papers  pertaining  to  the 
matter  provided  for  in  this  act  shall  at  all  times  be  open  to  the  inspection  of  any 
party  interested,  or  the  governor,  or  attorney-general,  or  a  committee  of  either 
branch  of  the  legislature,  or  a  joint  committee  of  both. 

§  7.  It  shall  be  the  duty  of  the  state  treasurer  to  pay  the  interest  on  said  bonds 
when  the  same  falls  due,  out  of  the  sinking  fund  provided  for  in  this  act,  on  con- 
troller's warrants  duly  drawn  for  that  purpose. 

§  8.  This  act,  if  adopted  by  the  people,  as  hereinafter  provided  for,  shall  take 
effect  on  the  thirty-first  day  of  December,  A.  D.  eighteen  hundred  and  ninety-two, 
as  to  all  its  provisions,  except  those  relating  to  and  necessary  for  its  submission  to 
the  people,  and  for  returning,  canvassing,  and  proclaiming  the  votes,  and  as  to 
said  excepted  provisions  this  act  shall  take  effect  immediately. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  California  for 
their  ratification  at  the  next  general  election  to  be  holden  in  the  month  of  Novem- 
ber, A.  D.  eighteen  hundred  and  ninety-two ;  and  the  qualified  electors  of  the  state 
shall,  at  said  election,  on  their  ballots,  vote  for  or  against  this  act ;  those  voting 
for  the  same  shall  write  or  have  printed  on  their  ballots  the  words  "For  the  San 
Francisco  Depot  Act,"  and  those  voting  against  the  same  shall  write  or  have 
printed  on  their  ballots  the  words  "Against  the  San  Francisco  Depot  Act."  The 
governor  of  this  state  shall  include  the  submission  of  this  act  to  the  people  as 
aforesaid  in  his  proclamation  calling  for  said  general  election. 

§  10.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned,  and 
canvassed,  and  declared  in  the  same  manner  and  subject  to  the  same  rules  as 
votes  cast  for  state  officers;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election  as  aforesaid,  then 
the  same  shall  have  effect  as  hereinbefore  provided,  and  shall  be  irrepealable  until 
the  principal  and  interest  of  the  liabilities  herein  created  shall  be  paid  and  dis- 
charged, and  the  governor  shall  make  proclamation  thereof ;  but  if  a  majority  of 
the  votes  cast  as  aforesaid  are  against  this  act,  then  the  same  shall  be  and  become 
void. 

§  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  have  this  act  published  in 
at  least  one  newspaper  in  each  county,  or  city  and  county,  if  one  be  published 
therein,  throughout  this  state,  for  three  months  next  preceding  the  general  elec- 
tion to  be  holden  in  the  month  of  November,   A.  D.   eighteen  hundred  and 


COMBIERCIAL.    FERTILIZERS— REGULATING     SALE     AND     USE.  469 

ninety-two.    The  costs  of  such  publication  shall  be  paid  out  of  the  general  fund, 

on  controller's  warrants  duly  drawn  for  that  purpose. 

§  12.     This  act  may  be  known  and  cited  as  the  "San  Francisco  Depot  Act." 
§  13.     All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 

hereby  repealed. 

See   Bateman   vs.   Colgan,    111   Cal.    580.    582,   44   Pac.    Rep.    238. 

FERTILIZERS— COMMERCIAL. 

To  regulate  the  sale  of  commercial  fertilizers  or  materials  used  for  manurial  pur- 
poses, and  to  provide  penalties  for  the  infraction  thereof,  and  means  for  the 
enforcement  of  the  act. 

(Stats.  1903,  259,  ch.  CCXXV.) 

§  1.  Every  lot,  parcel,  or  package  of  commercial  fertilizers  or  materials  to  be 
used  for  manurial  purposes  (except  the  dung  of  domestic  animals),  sold,  offered, 
or  exposed  for  sale,  within  this  state,  shall  be  accompanied  by  a  plainly  printed 
label,  stating  the  name,  brand,  and  trade-mark,  if  any  there  be,  under  which  the 
fertilizer  is  sold,  the  name  and  address  of  the  manufacturer,  importer,  or  dealer, 
the  place  of  manufacture,  and  a  chemical  analysis,  stating  the  percentages  claimed 
to  be  therein;  of  nitrogen,  specifying  the  form  or  forms  in  which  it  is  present;  of 
phosphoric  acid,  available  and  insoluble ;  and  of  potash,  soluble  in  distilled  water, 
and  the  materials  from  which  all  of  said  constituents  are  derived.  All  analyses 
are  to  be  made  according  to  the  methods  agreed  upon  by  the  American  Association 
of  Official  Agricultural  Chemists.  In  the  case  of  those  fertilizers,  the  selling  price 
of  which  is  less  than  eight  dollars  ($8)  per  ton,  said  label  need  only  give  a  correct 
general  statement  of  the  nature  and  composition  of  the  fertilizer  it  accompanies. 

§  2.  No  person  shall  sell,  offer,  or  expose  for  sale  in  this  state,  any  pulverized 
leather,  hair,  ground  hoofs,  horns,  or  wool  waste,  raw,  steamed,  roasted,  or  in  any 
form  as  a  fertilizer,  or  as  an  ingredient  of  a  fertilizer  or  manure,  without  an 
explicit  statement  of  the  fact ;  said  statement  to  be  conspicuously  affixed  to  every 
package  of  such  fertilizer  or  manure,  and  to  accompany  and  go  with  every  lot, 
parcel,  or  package  of  the  same. 

§  3.  The  manufacturer,  importer,  agent  of,  or  dealer  in  any  commercial  fer- 
tilizers, or  materials  used  for  manurial  purposes,  the  selling  price  of  which  to  the 
consumer  is  eight  ($8)  dollars  or  more  per  ton,  shall,  before  the  same  is  offered 
for  sale,  obtain  a  certificate  of  registration  from  the  secretary  of  the  board  of 
regents  of  the  University  of  California,  countersigned  by  the  director  of  the  agri- 
cultural experiment  station  of  the  said  university,  authorizing  the  sale  of  fertiliz- 
ers in  this  state,  and  shall  securely  fix  to  each  lot,  parcel,  or  package  of  fertilizer 
the  word  "Registered"  with  the  number  of  registry.  The  manufacturer, 
importer,  agent,  or  dealer  obtaining  such  registry,  shall  pay  to  the  said  secretary 
the  sum  of  fifty  ($50)  dollars,  to  be  applied  as  provided  in  section  ine  of  this  act; 
such  regi.stration  shall  expire  on  the  thirtieth  day  of  June  of  the  fiscal  year  for 
which  it  was  given ;  provided,  the  provisions  of  this  section  shall  not  apply  to  any 
agent  whose  principals  shall  have  obtained  a  certificate  of  registration  as  herein 
provided.  Every  such  manufacturer,  importer,  agent,  or  dealer,  who  makes  or 
sells,  or  offers  for  sale,  any  such  substances,  under  a  name  or  brand,  shall  file,  on 
or  before  the  first  day  of  July,  in  each  year,  .a  statement,  under  oath,  with  said 
director,  stating  such  name  or  brand,  and  stating  the  component  parts  in  accord- 


460  C031MERCIAL,    FERTILIZERS— REGULATIXG     SALE     AND     USE. 

ance  with  the  provisions  of  section  one  of  this  act,  of  the  substances  to  be  sold,  or 
offered  for  sale,  or  manufactured  under  each  such  name  or  brand. 

§  4.  The  said  director  shall  annually,  on  or  before  the  first  day  of  September, 
take  samples  in  accordance  with  the  provisions  of  section  five  hereof  of  the  sub- 
stance made,  sold,  or  offered  for  sale,  under  every  such  name  or  brand,  and  cause 
analyses  to  be  made  thereof  in  accordance  with  the  provisions  of  section  one 
hereof,  and  said  analyses  may  include  such  other  determinations  as  said  director 
may  at  any  time  deem  advisable.  Dealers  in,  or  manufacturers  of  fertilizers,  must 
give  free  access  to  the  director  of  the  agricultural  experiment  station,  or  his  duly 
authorized  deputy,  to  all  the  materials  which  they  may  place  on  the  market  for 
sale  in  California.  Whenever  the  analysis  certified  by  the  said  director  shall  show 
a  deficiency  of  not  more  than  one  fourth  of  one  per  centum  of  nitrogen,  or  one 
per  centum  of  soluble  or  available  phosphoric  acid,  or  one  half  of  one  per  centum 
of  potash  soluble  in  distilled  water,  the  statement  of  the  manufacturer  or 
importer,  as  required  in  section  one  of  this  act,  shall  not  be  deemed  to  be  false  in 
the  meaning  of  this  act ;  provided,  that  this  act  shall  not  apply  to  sales  of  fertiliz- 
ing materials  made  to  a  registered  manufacturer  of  fertilizers,  or  to  sales  for 
export  outside  of  this  state ;  provided  further,  that  the  said  director  of  the  agri- 
cultural experiment  station  of  the  University  of  California  shall,  upon  the 
receipt  of  a  sample  of  fertilizer,  accompanied  with  a  nominal  fee  of  two  ($2) 
dollars,  furnish  to  the  user  of  said  commercial  fertilizer,  such  examination  or 
analysis  of  the  sample  as  will  substantially  establish  the  conformity  or  non- 
conformity of  the  said  fertilizer  to  the  guarantee  under  which  it  was  sold. 

§  5.  The  director  of  the  agricultural  experiment  station  of  the  University  of 
California,  in  person  or  by  deputy,  is  hereby  authorized  to  take  a  sample  not 
exceeding  two  pounds  in  weight  for  analysis  by  the  said  director,  or  his  deputies, 
from  any  lot,  parcel,  or  package  of  fertilizer,  or  material,  or  mixture  of  mate- 
rials used  for  manurial  purposes,  which  may  be  in  the  possession  of  any 
manufacturer,  importer,  agent,  or  dealer,  but  said  sample  shall  be  drawn  in 
the  presence  of  said  party  or  parties  in  interest,  or  their  representatives.  In 
lots  of  five  tons  or  less,  samples  shall  be  drawn  from  at  least  ten  packages, 
or,  if  less  than  ten  packages  are  present,  all  shall  be  sampled ;  in  lots  of  over 
five  tons,  not  less  than  twenty  packages  shall  be  sampled.  The  samples  so 
drawn  shall  be  thoroughly  mixed,  and  from  it  two  equal  samples  shall  be 
drawn  and  placed  in  glass  vessels,  carefully  sealed,  and  a  label  placed  on 
each,  stating  the  name  or  brand  of  the  fertilizer  or  material  sampled,  the 
name  of  the  party  from  whose  stock  the  sample  was  drawn,  and  the 
time  and  place  of  drawing;  and  said  label  shall  also  be  signed  by  the  said 
director  or  his  deputy  making  such  inspection,  and  by  the  party  or  parties  in 
interest,  or  their  representatives  present  at  the  drawing  and  sealing  of  said 
samples.  One  of  said  duplicate  samples  shall  be  retained  by  the  party  whose 
stock  was  sampled,  and  the  other  by  the  director  of  the  agricultural  exj)eriment 
station  of  the  University  of  California. 

§  6.  The  director  of  the  agricultural  experiment  station  of  the  University  of 
California  shall  publish  in  bulletin  form,  from  time  to  time,  at  least  annually, 
the  results  of  the  analyses  hereinbefore  provided,  with  such  additional  informa- 
tion as  circumstances  may  advise. 

§  7.     There  is  hereby  appropriated  for  the  use  of  the  agricultural  experiment 


C031ME:RCIAX.    fertilizers— regulating     sale     and     use.  461 

station  of  the  University  of  California  at  Berkeley,  Alameda  County,  as  set  forth 
in  this  act,  out  of  any  moneys  in  the  treasury  not  otherwise  appropriated,  the 
sum  of  eighteen  hundred  ($1,800)  dollars  for  the  equipment  of  a  laboratory, 
with  the  chemicals  and  apparatus,  and  other  incidentals  necessary  to  the  suc- 
cessful prosecution  of  the  work. 

§  8.  In  order  to  further  provide  for  the  necessary  expenses  of  this  work, 
there  shall  be  paid  by  the  manufacturer,  importer,  agent,  or  dealer,  twenty-five 
cents  for  every  ton  of  fertilizer  sold,  the  selling  price  of  which  to  the  consumer 
is  eight  ($8)  dollars  or  more  per  ton.  A  statement  sworn  to  by  the  manu- 
facturer, importer,  agent,  or  dealer,  of  such  sales,  shall  be  rendered  quarterly  to 
the  secretary  of  the  board  of  regents  of  the  University  of  California,  accompanied 
by  the  coresponding  amount  of  the  special  license  fee  as  above  specified ;  pro- 
vided, that  whenever  the  manufacturer  or  importer  shall  have  paid  the  special 
license  fee  herein  required,  for  any  person  acting  as  agent  or  seller  for  such 
manufacturer  or  importer,  such  agent  or  seller  shall  not  be  required  to  pay  the 
special  license  fee  named  in  this  section.  On  receipt  of  said  special  license  fee 
and  statement,  the  said  secretary  shall  issue  to  the  manufacturer,  importer, 
agent,  or  dealer,  a  certificate  of  compliance  with  this  section. 

§  9.  All  moneys,  whether  received  from  registry  and  analytical  fees  or 
special  license  fees,  shall  be  paid  to  the  secretary  of  the  board  of  regents  of  the 
University  of  California,  for  the  use  of  said  board  in  carrying  out  the  provisions 
of  this  act. 

§  10.  Any  party  selling,  offering,  or  exposing  for  sale,  any  commercial  fer- 
tilizer without  the  statement  required  by  section  one  of  this  act,  or  with  a  label 
stating  that  said  fertilizer  contains  a  larger  percentage  of  any  one  or  more  of 
the  constituents  mentioned  in  said  section  than  is  actually  contained  therein, 
except  as  provided  for  in  section  four,  or  respecting  the  sale  of  which  all  the 
provisions  of  this  act  have  not  been  fully  complied  with,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  before  any  court  of  competent 
jurisdiction,  shall  be  fined  in  a  sum  not  less  than  fifty  ($50)  dollars  and  costs  of 
action  for  the  first  offense,  and  one  hundred  ($100)  dollars  and  costs  of  the 
action  for  each  subsequent  offense.  Said  fines  to  be  paid  into  the  school  fund  of 
the  county  in  w'hich  conviction  is  had. 

§  11.  In  any  action,  civil  or  criminal,  in  any  court  in  this  state,  a  certificate 
under  the  hand  of  said  director,  and  the  seal  of  said  university,  stating  the 
results  of  any  analysis,  purporting  to  have  been  made  under  the  provisions  of 
this  act,  shall  be  prima  facie  evidence  of  the  fact  that  the  sample  or  samples 
mentioned  in  said  analysis  or  certificate  were  properly  analyzed  as  in  this  act 
provided ;  that  such  samples  were  taken  as  in  this  act  provided ;  that  the  sub- 
stances analyzed  contained  the  component  parts  stated  in  such  certificate  and 
analysis ;  and  that  the  samples  were  taken  from  the  parcels  or  packages  or  lots 
mentioned  or  described  in  said  certificate. 

§  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  July  first, 
nineteen  hundred  and  three. 

FIDDLETOWN. 

To  prevent  hogs  running  at  large  in. 

(Stats.  1873-4,  319.) 

See    tit.    Oleta,   Municipal    Corporations. 


46a  FIRES    OK    PUBLIC    LANDS— CONTIGUOUS    OWNER. 

FINAL  PROCESS. 
See  tit.  Counties — New. 

FIRE— CORPORATIONS  FOR  PREVENTION  OF. 

The  statute  of  1875-6,  689,  ch.  CCCCLXXII  The  subject  embraces  Fire  Patrols  and 
(amended  Stats.  1897,  223),  conferring  cer-  Underwriters;  and  in  the  same  chapter  has 
tain  powers  upon  corporations  (underwrit-  been  included  the  statute  of  1891,  126, 
ers)  organized  for  the  purpose  of  discover-  relating  to  life,  health,  and  accident  insur- 
ing and  preventing  fires,  has  been  carried  ance.  See  KERR'S  CYC.  CIV.  CODE  §§  453a, 
Into  the  Civil  Code  by  the  statute  of  1905,  453b,  453c-453p  inclusive. 
571,  ch.  CDXXII. 

FIRE  ON  PUBLIC  LANDS. 

\-  '  To  prevent  the  destruction  of  forests  by  fire  on  public  lands. 

/  (Stats.  1871-2,  96,  ch.  CII.) 

§  1.  Any  person  or  persons  who  shall  wilfully  and  deliberately  set  fire  to 
any  wooded  country  or  forest  belonging  to  this  state  or  the  United  States,  within 
this  state,  or  to  any  place  from  which  fire  shall  be  communicated  to  any  such 
wooded  country  or  forest,  or  who  shall  accidentally  set  fire  to  any  such  wooded 
country  or  forest,  or  to  any  place  from  which  fire  shall  be  communicated  to  any 
such  wooded  country  or  forest,  and  shall  not  extinguish  the  same,  or  use  every 
effort  to  that  end,  or  who  shall  build  any  fire,  for  lawful  purpose  or  otherwise, 
in  or  near  any  such  wooded  country,  or  forest,  and  through  carelessness  or 
neglect  shall  permit  said  fire  to  extend  to  and  burn  through  such  wooded  country 
or  forest,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  before  a 
court  of  competent  jurisdiction,  shall  be  punishable  by  fine  not  exceeding  one 
thousand  dollars,  or  imprisonment  not  exceeding  one  year,  or  by  both  such  fine 
and  imprisonment;  provided,  that  nothing  herein  contained  shall  apply  to  any 
person  who  in  good  faith  shall  set  a  back-fire  to  prevent  the  extension  of  a  fire 
already  burning.  All  fines  collected  under  this  act  shall  be  paid  into  the  county 
treasury  for  the  benefit  of  the  common  school  fund  of  the  county  in  which  they 
are  collected. 

See   next    following   statute,   and   see   also  The    foregoing    statute    is    intended    to    be 

Gamier  vs.   Porter,   90   Cal.    105-109.   27   Pac.  repealed    or    superseded   by   the   Penal   Code 

Rep.  55;  Galvin  vs.  Gualala  Mill  Co.,  98  Cal.  amendment,   §§384,   384a,   Stats.    1905,   758. 

268-270,    33    Pac.    Rep.    93.  See   also   tit.    Forestry — State    Board,   post. 

See  KERR'S  CYC.  PEN.  CODE  §§384,  384a;  and  tit.   Hunting — Private  Property. 
KERR^S   CYC.   POL,.    CODE   §  3344. 

FIRE— CONTIGUOUS  OWNER. 

To  prevent  destruction  by  fire  of  property  of  contiguous  owner. 
(Stats.  1891,  473,  ch.  CCLIII.) 

§  1.  Every  person  who  starts  a  fire  in  hay,  grain,  stubble,  or  grass,  without 
first  carefully  providing,  by  plowing  or  otherwise,  for  the  keeping  of  said  fire 
within  and  upon  the  premises  upon  which  it  is  started  or  set  out,  and  by  reason 
of  the  non-providing  of  such  barrier  any  property  of  an  adjoining  or  contigu- 
ous resident  or  owner  is  injured,  damaged,  or  destroyed,  is  guilty  of  a  misde- 
meanor. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

This  statute  is  alluded  to  in  Stephens  vs.  See  KERR'S  CYC.  PEN.  CODE  §§  384,  384a, 

Southern    Pac.    Co.,    109    Cal.    86,    95,    50    Am.       Stats.  1905,  758,  and  last  preceding  statute. 
St.  Rep.  17,  41  Pac.  Rep.  783,  29  L.  R.  A.  751.  See  also  tit.   Forestry — State  Board,   post. 


FIRE    DEPARTMENT— UNINCORPORATED     TOWNS.  468 

FIRE  DEPARTMENT— TOWNS. 

To  amend  an  act  to  allow  unincorporated  towns  and  villages  to  equip  and  main- 
tain a  fire  department,  and  to  assess  and  collect  taxes,  from  time  to  time,  for 
such  purpose,  and  to  create  a  board  of  fire  commissioners  (approved  March 
4,  1881,  Stats.  1881,  26),  relating  to  assessing  and  collecting  said  taxes. 

(Stats.  1899,  69,  ch.  LIX.) 

§  1.  Section  one  of  ''An  act  to  amend  an  act  to  allow  unincorporated  towns 
and  villages  to  equip  and  maintain  a  fire  department,  and  to  assess  and  collect 
taxes  from  time  to  time  for  such  purpose,  and  to  create  a  board  of  fire  com- 
missioners" (approved  March  fourth,  eighteen  hundred  and  eighty-one),  is 
hereby  amended  to  read  as  follows : 

§  1.  Any  unincorporated  town  or  village  of  this  state  may  equip  and  main- 
tain a  fire  department  for  the  purpose  of  protecting  property  from  destruction 
by  fire. 

§  2,  Upon  the  application,  by  petition,  of  fifty  or  more  taxpayers  and  resi- 
dents of  said  town  or  village  to  the  board  of  supervisors  of  the  county  in  which 
said  town  or  village  is  situated,  the  said  board  of  supervisors  shall  appoint  three 
commissioners,  to  be  known  as  and  called  a  board  of  fire  commissioners,  of  the 
town  or  village  for  which  they  are  appointed,  who  shall  hold  their  office  until 
the  second  Monday  in  April  next  thereafter,  and  until  their  successors  are 
elected  and  qualified. 

§  3.  The  board  of  fire  commissioners  so  appointed  by  said  board  of  super- 
visors, and  their  successors,  shall  be  authorized  and  empowered,  and  it  shall  be 
their  duty : 

1.  To  fix  and  establish  the  fire  limits  of  said  town  or  village,  and  shall  ac- 
curately describe  the  same,  in  writing  by  metes  and  bounds  and  file  a  copy 
thereof,  subscribed  by  them,  in  the  office  of  the  county  recorder  of  the  county 
in  which  said  town  or  village  is  situated ; 

2.  To  make  all  contracts  with  water  companies  for  a  supply  of  water,  and 
attaching  hydrants  or  fire-plugs  to  the  pipes,  or  conduits,  or  cisterns  of  such 
water  company ;  to  make  contracts  for  and  to  purchase  the  engines,  hose,  hose- 
carts  or  carriages,  and  other  appliances  for  the  full  equipment  of  a  fire  company 
or  department; 

3.  To  call  an  election  and  submit  to  the  electors  residing  within  the  fire 
limits  fixed  by  them,  the  question  whether  a  tax  shall  be  levied  and  raised  for 
the  purpose  of  establishing  and  maintaining  a  fire  department  for  the  said  town, 
or  village,  and  for  protecting  the  same  from  loss  by  fire ; 

4.  To  appoint  judges,  not  less  than  three,  and  other  officers,  to  conduct  such 
election,  and  to  issue  certificates  of  election ; 

5.  To  do  and  perform  such  other  acts  and  things  as  may  be  proper  and  neces- 
sary to  carry  out  the  full  intent  and  meaning  of  this  act. 

§  4.  Said  election  must  be  called  by  posting  notices  in  three  of  the  most 
public  places  in  said  town  or  village,  for  not  lass  than  ten  days,  and  also,  if 
there  is  a  newspaper  printed  and  published  in  the  town  or  village,  by  advertising 
such  notice  therein  at  least  two  regular  issues  of  the  paper. 

§  5.     Such  notice  must  specify  the  time  and  place  of  holding  the  election,  and 


4e4  FIRE    DEPARTMENT— UNINCORPORATED     TOWNS. 

the  amount  required  for  each  specific  purpose,  and  the  amount  of  money  to  be 
raised  shall  not  exceed  in  any  one  year  one  per  centum  of  the  assessable  property 
within  the  fire  limits,  as  fixed  by  the  board  of  fire  commissioners ;  provided,  that 
after  the  first  year  the  amount  so  raised  shall  not  exceed  one  half  of  one  per 
centum. 

§  6.  The  board  of  fire  commissioners  must  appoint  three  judges  and  two 
clerks  to  conduct  the  election,  and  it  must  be  held  in  all  respects  as  nearly  as 
practicable  in  conformity  with  the  general  election  law;  provided,  that  no  new 
register  shall  be  required,  nor  legal  ballot  paper;  and  provided,  further,  that 
the  polls  may  be  opened  at  eight  o'clock  a.  m.  and  close  at  five  o'clock  p.  m.  on 
the  day  appointed  for  such  election. 

'  §  7.  At  such  election  the  ballots  must  contain  the  words  ' '  Tax — Yes ' '  or 
"Tax— No." 

§  8.  The  judges  of  election  shall,  within  twenty-four  hours  after  holding 
said  election,  make  returns  and  certify  said  votes,  and  the  names  of  the  person 
or  persons  voted  for,  to  the  said  board  of  fire  commissioners,  and  within  five 
days  after  the  returns  have  been  received  by  the  board  of  fire  commissioners 
they  shall  count  the  votes,  determine  who  has  been  elected,  and  forthwith  issue 
certificates  of  election  to  the  persons  elected. 

§  9.  The  board  of  supervisors  must,  at  the  time  of  levying  the  county  taxes, 
levy  a  tax  upon  all  the  taxable  property  within  the  fire  limits  of  the  unincor- 
porated town  or  village  voting  such  tax  sufficient  to  raise  the  amount  voted.  The 
rate  of  taxation  shall  be  ascertained  by  deducting  fifteen  per  centum  for  antici- 
pated delinquencies  from  the  aggregate  assessed  value  of  the  property  in  the 
district,  as  it  appears  on  the  assessment  roll  of  the  county,  and  then  dividing 
the  sum  voted  by  the  remainder  of  such  aggregate  assessed  value.  The  taxes 
so  levied  shall  be  computed  and  entered  on  the  assessment  roll  of  the  county 
auditor,  and  collected  at  the  same  time  and  in  the  same  manner  as  state  and 
county  taxes;  and  when  collected  shall  be  paid  into  the  county  treasury  for  the* 
use  of  the  district  in  which  the  tax  was  voted. 

§  10.  All  moneys  arising  from  the  tax  herein  authorized  to  be  levied  and  col- 
lected shall  be  kept  by  the  treasurer  of  the  county  in  which  said  town  or  village 
is  situated,  subject  only  to  the  order  of  said  board  of  fire  commissioners  of  said 
town  or  village  voting  said  tax. 

§  11.  The  treasurer  shall  receive  no  compensation  for  the  receipt  and  dis- 
bursement of  moneys  derived  under  the  provisions  of  this  act. 

§  12.  The  board  of  fire  commissioners  are  hereby  directed  and  empowered  to 
make  all  necessary  arrangements  for  the  purchase  of  rights  of  making  con- 
nections with  the  pipes  of  water  companies  for  fire-plugs  or  hydrants,  in  such 
part  of  the  town  or  village  as  they  shall  deem  best  for  the  common  interest,  and 
also  for  purchasing  fire  hose  and  carriages,  subject,  however,  to  the  provisions 
hereinbefore  contained. 

§  13.  They  shall  procure  all.  necessary  books  and  blanks  for  the  purpose  of 
keeping  a  correct  record  of  their  proceedings;  and  they  shall  keep  a  record  of 
all  their  acts,  of  all  moneys  received  and  disbursed  by  them,  which  said  books 
shall  be  open  to  public  inspection  at  all  times. 


FIRE    DEPARTMENT — UNINCORPORATED     TOWNS.  4«5 

§  14.  All  accounts,  bills,  and  demands  against  the  fire  department  shall  be 
audited,  allowed,  and  paid  by  the  board  of  fire  commissioners  by  warrants  drawn 
on  the  county  treasurer,  and  the  county  treasurer  shall  pay  the  same  in  the  order 
in  which  they  are  presented. 

§  15.  The  board  of  fire  commissioners  shall,  from  time  to  time,  and  in  like 
manner,  submit  to  a  vote  of  the  electors  of  said  town,  or  village,  the  propriety  of 
levying  and  raising  an  additional  tax  for  keeping  in  repair  the  apparatus  of 
said  fire  department,  and  maintaining  the  same  in  good  order  and  condition. 

§  16.  No  officer  or  officers  created  by  this  act  shall  receive  any  compensation 
for  his  or  their  services. 

§  17.  In  case  of  a  vacancy  of  any  or  all  of  the  members  of  the  board  of  fire 
commissioners,  after  election  had,  by  death,  resignation,  or  otherwise,  such  va- 
cancy shall  be  filled  by  appointment  by  the  board  of  supervisors  of  the  county  in 
which  said  vacancy  may  happen. 

§  18.  That  in  case  an  election  be  had  under  the  provisions  of  this  bill,  and  the 
electors,  by  vote,  shall  decline  to  equip  and  maintain  a  fire  department,  and 
refuse  to  levy  and  collect  a  tax  for  that  purpose,  no  other  election  shall  be 
called  or  held  under  this  act  within  one  year  next  thereafter. 

§  19.  An  election  shall  be  held  annually,  on  the  first  Monday  of  April,  for 
the  election  of  three  fire  commissioners,  who  shall  take  their  office  on  the  next 
succeeding  Monday  in  the  same  month ;  and  it  shall  be  the  duty  of  the  board  of 
fire  commissioners  to  give  notice  of  such  elections  by  posting  notices  thereof  in 
three  public  places  in  the  town,  for  at  least  two  weeks  before  the  day  of  election. 
They  shall  also  appoint  the  judges  of  election. 

§  20.  Each  board  of  fire  commissioners  shall  at  the  expiration  of  their  term  of 
office,  turn  over  to  their  successors  all  the  books  and  documents  belonging  to  the 
office  of  said  board  of  fire  commissioners,  taking  their  receipt  for  the  same. 

§  21.  No  assessment  or  act  relating  to  assessment  or  collection  of  taxes,  or 
elections  held  under  the  provisions  of  this  act,  shall  be  illegal,  void,  or  voidable 
on  account  of  any  error,  omission,  or  informality,  or  failure  to  comply  strictly 
with  the  provisions  of  this  act,  nor  on  account  of  any  misnomer ;  but  the  same 
shall  be  liberally  construed,  with  a  view  to  hold  valid  all  acts  done  under  this  act. 

§  22.  The  said  board  of  fire  comrnissioners  may  regulate  the  construction  of, 
and  order  the  suspension,  discontinuance,  removal,  repair,  or  cleaning  of,  fire- 
places, chimneys,  stoves  and  stovepipes,  flues,  ovens,  boilers,  kettles,  forges  or 
any  apparatus  used  in  any  building,  manufactory,  or  business  which  may  be 
dangerous  in  causing  or  promoting  fires,  and  prescribe  limits  within  which  no 
dangerous  nor  obnoxious  and  offensive  business  may  be  carried  on. 

§  23.  They  may  adopt  such  ordinance,  within  the  purview  of  the  preceding 
section,  as  they  may  deem  proper  to  prevent  fires  and  conflagrations,  and  for  the 
protection  of  property  at  and  during  the  pendency  of  any  fire,  and  for  that 
purpose  may  provide  that  at  and  during  the  pendency  of  any  fire  the  officers 
of  th,e  fire  company  or  companies  present  shall  be  vested  with  police  powers. 
Such  ordinances  shall  be  signed  by  the  said  fire  commissioners,  and  publi.shed  in 
a  newspaper  printed  in  said  town  or  village,  or  posted  in  three  of  the  mo-st  public 
places  thereof,  for  the  period  of  two  weeks,  at  the  end  of  which  time  it  shall  be 
and  become  a  law  for  the  government  of  the  inhabitants  of  said  town  or  village. 

Gen.    Laws — 30 


460  FIRE    DEPARTMENT — VACATIONS — PENSIONS. 

§  24.  Any  person  who  shall  violate  any  of  the  provisions  of  said  ordinance 
shall  be  guilty  of  a  misdemeanor. 

§  25.  Any  justice  of  the  peace  within  the  townships  within  which  said  town 
or  village  is  situated  shall  have  jurisdiction  of  all  prosecutions  under  this  act, 
and  sections  fourteen  hundred  and  twenty-six  to  fourteen  hundred  and  forty- 
nine,  both  inclusive,  title  nine,  chapter  one,  of  the  Penal  Code,  are  hereby  made 
applicable  to  proceedings  under  this  act. 

§  [26.]  2.  All  acts  or  parts  of  acts,  so  far  as  they  do  conflict  with  the  pro- 
visions hereof,  are  hereby  repealed. 

§  [27.]  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

The  foregoing  so  evidently  supersedes  tlie  statute  of  1881,  26,  that  the  former  is  here 
omitted.     See   next  succeeding  statutes. 

FIREMEN— PAID  DEPARTMENT. 

The    possibinty    of    a    city    of    the    "first  1897,    61,    ch.    KXX,    relating   to    fire    depart- 

class"     (Mun.    Cor.    Act    1883,    and    amend-  ments    in    such    municipalities. — See    Popper 

ments)  having  no  special  charter  governing  vs.  Broderick,  123  Cal.  456,  56  Pac.  Rep.  53, 

its  fire  department,  is  too  remote  to  justify  and  cases  there  cited.     And  see  note  at  head 

publishing  the  Stats.  1897,  192,  ch.  CXXXII;  of  tit.  Fire— Corporations,  etc. 

FIRE  DEPARTMENT— VACATION. 

Authorizing  and  requiring  boards  or  commissions  having  the  management  and 
control  of  paid  fire  departments  to  grant  the  members  thereof  yearly  va- 
cations. 

(Stats.  1895,  76,  ch.  LXXXIV;  amended  1899,  57,  ch.  XLIX,  and  1905,  39, 

ch.  XLIV.) 

§  1.  In  every  city  or  city  and  county  of  this  state  where  there  is  a  regularly 
organized  paid  fire  department,  the  board  of  supervisors,  common  council,  com- 
missions or  other  body  having  the  management  and  control  of  the  same  are 
authorized  and  required  once  in  every  year  to  provide  for  each  regular  or  perma- 
nent member  thereof,  a  leave  of  absence  from  active  duty  of  not  less  than  five, 
nor  more  than  fifteen  days,  in  each  year  and  in  addition  thereto  a  leave  of 
absence  from  active  duty  of  four  days  in  every  month  of  such  service.  Leave 
of  absence  so  granted,  as  aforesaid,  must  be  arranged  by  said  board  of  [or]  com- 
missions, sd  as  not  to  interefere  with  or  any  way  impair  the  efficiency  of  the  said 
department ;  no  deduction  must  be  made  from  the  salary  or  pay  of  any  member 
of  such  fire  department  granted  such  leave  of  absence  in  the  provisions  of  this 
act.     [Amendment,  1905,  39.] 

The  foregoing  statute  apparently  supersedes  the  statute  of  1895,  96,  and  amendatory 
statute  of  1899,  57;  the  former  statutes  are  therefore  omitted. 

FIREMEN— PENSIONS. 

To  amend  an  act  entitled  ''An  act  to  authorize  the  boards  of  supervisors  or  other 
governing  authority  of  the  several  counties,  cities  and  counties,  cities,  and 
towns  of  the  state  to  provide  pensions  or  benefits  for  the  relief  of  aged, 
infirm,  or  disabled  firemen,"  approved  March  eleventh,  eighteen  hundred 
and  eighty-nine. 

(Stats.  1901,  575,  ch.  CLXXXI.) 


FIRBMEN — PENSIONS,    RELIEF,     INSLRANCE.  467 

§  1.  The  board  of  supervisors,  or  other  governing  authority  of  the  several 
counties,  cities  and  counties,  cities  and  towns  of  the  state  in  which  fire  depart- 
ments exist,  shall,  upon  the  written  petition  of  a  majority  of  the  lawfully  regis- 
tered electors  of  any  such  political  division  respectively,  by  appropriate  ordi- 
nances, provide  a  fund  by  general  tax  upon  the  property  of  the  county,  city 
and  county,  city,  or  town,  for  the  relief  of  aged,  infirm,  or  disabled  firemen; 
provided,  that  such  disability  shall  be  caused  by  exposure  w'hile  in  the  dis- 
charge of  such  duty.      [Amendment,  Stats.   1901,  575.] 

§  2.  No  person  shall  be  entitled  to  any  benefits  from  any  fund  created  by 
authority  of  this  act,  unless  he  shall  have  served  as  an  active  member  in  the  fire 
department  of  such  county,  city  and  county,  city,  or  town,  at  least  fifteen  years, 
and  any  person  having  served  in  the  fire  department  of  such  county,  city  and 
county,  city,  or  town,  at  least  fifteen  years,  may  make  application  to  be  placed 
on  the  retired  list  of  such  fire  department,  and  he  shall  receive  the  sum  of  not 
more  than  twenty -five  (25)  dollars  and  not  less  that  fifteen  (15)  dollars  per 
month,  to  be  paid  out  of  said  fund,  and  those  members  of  a  fire  department  who 
have  been  paid  a  stipulated  salary,  having  served  fifteen  years  in  such  fire 
department,  shall  receive  an  amount  equal  to  one  half  of  the  salary  provided 
by  law  at  the  time  of  such  retirement ;  provided,  that  any  person  injured  in  the 
actual  discharge  of  fire  duty  shall  be  entitled  to  the  benefits  of  this  act  regardless 
of  his  length  of  service  in  the  fire  department  of  any  such  county,  city  and 
county,  city,  or  town.     [Amendment,  Stats.  1901,  575.] 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

The  foregoing  statute  purports  to  "amend,"  but  it  in  fact  supersedes  the  former  statute 
of  1889,  in  every  section.  This  statute  is  also  probably  superseded  by  the  next  following 
statute  of  1905,  412. 

FIREMEN— RELIEF,    INSURANCE,    PENSION. 

To  create  a  firemen's  relief,  health,  and  life  insurance  and  pension  fund  in  the 
several  counties,  cities  and  counties,  cities,  and  towns  of  the  state. 

(Stats.  1905,  412,  ch.  CCCLI.) 

§  1.  The  chairman  of  the  Doard  of  supervisors  of  the  county,  city  and  county, 
city,  or  incorporated  town  in  which  there  is  no  board  of  fire  commissioners,  the 
treasurer  of  the  county,  city  and  county,  or  incorporated  town,  and  the  chief 
of  the  fire  department,  and  their  successors  in  office,  are  hereby  constituted  a 
board  of  trustees  of  the  firemen's  relief  or  pension  fund  of  the  fire  department, 
to  provide  for  the  disbursement  of  the  same  and  to  designate  the  beneficiaries 
thereof  as  hereinafter  directed,  which  board  shall  be  known  as  the  "Board  of 
Firemen's  Pension  Fund  Commissioners";  provided,  however,  that  where  there 
is  in  any  county,  city  and  county,  city,  or  town,  a  board  of  fire  commissioners, 
then  such  body  shall  constitute  said  board  of  trustees  of  the  firemen's  relief  and 
pension  fund  of  the  fire  department. 

§  2.  They  shall  organize  as  such  board  by  choo.sing  one  of  their  number  as 
chairman,  and  by  appointing  a  secretary.  The  treasurer  of  the  county,  city  and 
county,  city,  or  town,  shall  be  ex  officio  treasurer  of  said  fund.  Such  board  of 
tru.stees  shall  have  charge  of  and  admini.ster  said  fund,  and  to  order  payments 
therefrom  in  pursuance  of  the  provisions  of  this  act.    They  shall  report  annually, 


468  FIRE31EN— RELIEF,    IXSURAXCE,    PENSIONS. 

in  the  montli  of  June,  to  the  board  of  supervisors,  or  other  governing  authority 
of  the  county,  city  and  county,  city,  or  incorporated  town,  the  condition  of  the 
firemen's  relief  and  pension  fund,  and  the  receipts  and  disbursements  on  account 
of  the  same,  with  a  full  and  complete  list  of  the  beneficiaries  of  said  fund  and 
the  amounts  paid  them. 

§  3.  "Whenever  any  person  at  the  taking  effect  of  this  act,  or  thereafter  shall 
have  been  duly  appointed  or  selected  and  sworn,  and  have  served  for  twenty 
years,  or  more,  in  the  aggregate,  as  a  member,  in  any  capacity  or  any  rank 
whatever  of  the  regularly  constituted  fire  department  of  any  such  county,  city 
and  county,  city,  or  town  which  may  hereafter  be  subject  to  the  provisions  of 
this  act,  said  board  may,  if  it  see  fit,  order  and  direct  that  such  person  after 
becoming  sixty  years  of  age  be  retired  from  further  service  in  such  fire  depart- 
ment, and  from  the  date  of  the  making  of  such  order  the  service  of  such  person 
in  such  fire  department  shall  ecase,  and  such  person  so  retired  shall  thereafter, 
during  his  lifetime,  be  paid  from  such  fund  a  yearly  pension  equal  to  one  half 
of  the  amount  of  salary  attached  to  the  rank  which  he  may  have  held  in  said 
fire  department  for  the  period  of  one  year  next  preceding  the  date  of  such 
retirement. 

§  4.  Whenever  any  person,  while  serving  as  a  fireman  in  any  such  county,  city 
and  county,  city,  or  town,  shall  become  physically  disabled  by  reason  of  any 
bodily  injury  received  in  the  immediate  or  direct  performance  or  discharge  of 
his  duty  as  such  fireman,  said  board  may,  upon  his  written  request,  or  without 
such  request,  if  it  deem  it  to  be  for  the  good  of  said  fire  department  force,  retire 
such  person  from  said  department,  and  order  and  direct  that  he  shall  be  paid 
from  said  fund,  during  his  lifetime,  a  yearly  pension  equal  to  one  half  of  the 
amount  of  salary  attached  to  the  rank  which  he  may  have  held  on  such  fire 
department  force  at  the  date  of  such  retirement,  but  on  the  death  of  such  pen- 
sioner his  heirs  or  assigns  shall  have  no  claim  against  or  upon  such  firemen's 
relief  or  pension  fund ;  provided,  that  whenever  such  disability  shall  cease  such 
pension  shall  cease,  and  such  person  shall  be  restored  to  active  service  at  the 
same  salary  he  received  at  the  time  of  his  retirement. 

§  5.  No  person  shall  be  retired,  as  provided  in  the  next  preceding  section, 
or  receive  any  benefit  from  said  fund,  unless  there  shall  be  filed  with  said  board 
certificates  of  his  disability,  which  certificates  shall  be  sub-scribed  and  sworn  to 
by  said  person,  and  by  the  county,  city  and  county,  city,  or  town  physician  (if 
there  be  one),  and  two  regularly  licensed  practising  physicians  of  such  county, 
city  and  county,  city,  or  town,  and  such  board  may  require  other  evidence  of 
disability  before  ordering  such  retirement  and  payment  as  aforesaid. 

§  6.  Whenever  any  member  of  the  fire  department  of  such  county,  city  and 
county,  city,  or  town,  shall  lose  his  life  while  in  the  performance  of  his  duty, 
leaving  a  widow,  or  child  or  children  under  the  age  of  sixteen  years,  then  upon 
satisfactory  proof  of  such  facts  made  to  it,  such  board  shall  order  and  direct 
that  a  yearly  pension,  equal  to  one  third  the  amount  of  the  salary  attached 
to  the  rank  which  such  member  held  in  said  fire  department  at  the  time  of  his 
death,  shall  be  paid  to  such  widow  during  her  life,  or  if  no  widow,  then  to  the 
child  or  children,  until  they  shall  be  sixteen  years  of  age;  provided,  if  such 
widow,  or  child  or  children,  shall  marry,  then  such  person  so  marrying  shall 
thereafter  receive  no  further  pension  from  such  fund. 


FIRB:ME}N— RK1.IEF,     insurance:,     pensions.  4»\i 

§  7.  Whenever  any  member  of  the  fire  department  of  such  county,  city  and 
county,  city,  or  town,  shall,  after  ten  years  of  service,  die  from  natural  causes, 
then  his  widow  or  children,  or  if  there  be  no  widow  or  children,  then  his  mother 
or  unmarried  sisters,  shall  be  entitled  to  the  sum  of  one  thousand  dollars  from 
such  fund. 

§  8.  Any  person  retired  for  disability  under  this  act  may  be  summoned 
before  the  board  herein  provided  for  at  any  time  thereafter,  and  shall  submit 
himself  thereto  for  examination  as  to  his  fitness  for  duty,  and  shall  abide  the 
decision  and  order  of  such  board  with  reference  thereto ;  and  all  member^  of  the 
fire  department  force  who  may  be  retired  under  the  provisions  of  this  act  shall 
report  to  the  chief  of  the  fire  department  of  the  county,  city  and  county,  city, 
or  town  where  so  retired,  on  the  first  Mondays  of  April,  July,  October,  and 
January  of  each  year;  and  in  cases  of  great  public  emergency  may  be  assigned 
to  and  shall  perform  such  duty  as  said  chief  of  the  fire  department  may  direct ; 
and  such  persons  shall  have  no  claim  against  the  county,  city  and  county,  city, 
or  town,  for  payment  for  such  duty  so  performed. 

§  9.  When  any  person  who  shall  have  received  any  benefit  from  said  fund 
shall  be  convicted  of  any  felony,  or  shall  become  an  habitual  drunkard,  or  shall 
become  a  non-resident  of  this  state,  or  shall  fail  to  report  himself  for  examina- 
tion for  duty  as  required  herein,  unless  excused  by  the  board,  or  shall  disobey 
the  requirements  of  said  board  under  this  act,  in  respect  to  said  examination 
or  duty,  then  such  board  shall  order  that  such  pension  allowance  as  may  have 
been  granted  to  such  person  shall  immediately  cease,  and  such  person  shall 
receive  no  further  pension,  allowance,  or  benefit  under  this  act. 

§  10.  The  board  herein  provided  for  shall  hold  quarterly  meetings  on  the  first 
Mondays  of  April,  July,  October,  and  January  of  each  year,  and  upon  the  call 
of  its  president;  it  shall  biennially  select  from  its  members  a  president  and 
secretary;  it  shall  issue  warrants,  signed  by  its  president  and  secretary,  to  the 
persons  entitled  thereto  of  the  amount  of  money  ordered  paid  to  such  persons 
from  such  fund  by  said  board,  which  warrant  shall  state  for  what  purpose  such 
payment  is  to  be  made ;  it  shall  keep  a  record  of  all  its  proceedings,  which  record 
shall  be  a  public  record ;  it  shall,  at  each  quarterly  meeting,  send  to  the  treasurer 
of  the  county,  city  and  county,  city,  or  town,  and  to  the  auditor  of  such  county, 
city  and  county,  city,  or  town,  a  written  or  printed  list  of  all  persons  entitled 
to  payment  from  the  fund  herein  provided  for,  stating  the  amount  of  such  pay- 
ments and  for  what  granted,  which  list  shall  be  certified  to  and  signed  by  the 
president  and  secretary  of  such  board,  attested  under  oath.  The  auditor  shall 
thereupon  enter  a  copy  of  said  list  upon  a  book  to  be  kept  for  that  purpose,  and 
which  shall  be  knoMm  as  "The  Firemen's  Relief  and  Pension  Fund  Book."  When 
such  list  has  been  entered  by  the  auditor,  he  shall  transmit  the  same  to  the  board 
of  supervisors,  or  other  governing  authority  of  such  county,  city  and  county, 
city,  or  town,  which  board  of  authority  shall  order  the  payment  of  the  amounts 
named  therein  out  of  "The  Firemen's  Relief  and  Pension  Fund."  A  majority  of 
all  the  members  of  said  board  herein  provided  for  shall  constitute  a  quorum, 
and  have  power  to  transact  business. 

g  11.  The  board  herein  provided  for  shall,  in  addition  to  other  powers  herein 
granted,  have  power, — ■ 


470  FIRE31EN— RELIEF,     IJVSLRANCE,     PENSIONS. 

First — To  compel  witnesses  to  attend  and  testify  before  it,  upon  all  matters 
connected  with  the  operation  of  this  act,  in  the  same  manner  as  is  or  may  be 
provided  by  law  for  the  taking  of  testimony  before  notaries  public;  and  its 
president,  or  any  member  of  said  board,  may  administer  oaths  to  such  witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the  payment  from  said 
fund  of  all  its  necessary  expenses  including  secretary  hire  and  printing;  pro- 
vided that  no  compensation  or  emolument  shall  be  paid  to  any  member  of  said 
board  for  any  duty  required  or  performed  under  this  act. 

Third* — To  make  all  needful  rules  and  regulations  for  its  guidance,  in  con- 
formity with  the  provisions  of  this  act. 

§  12.  The  board  of  supervisors,  or  other  governing  authority,  of  any  county, 
city  and  county,  city,  or  town,  shall,  for  the  purposes  of  said  "Firemen's  Relief 
and  Pension  Fund"  hereinbefore  mentioned,  direct  the  payment  annually,  and 
when  the  tax  levy  is  made,  into  said  fund,  of  the  following  moneys : 

First — All  rewards  given  or  paid  to  members  of  such  firemen's  force. 

Second — All  fines  imposed  upon  members  of  the  fire  department  in  keeping 
with  rules  and  regulations  of  the  department. 

Third — The  treasurer  of  any  county,  city  and  county,  city,  or  town,  shall 
retain  from  the  pay  of  each  member  of  the  fire  department  the  sum  of  two  per 
centum  of  each  month's  pay  to  be  forthwith  paid  into  said  firemen's  relief  and 
pension  fund,  and  no  other  or  further  retention  or  deduction  shall  be  made 
from  such  pay  for  any  other  fund. 

Fourth — One  half  of  all  fines  imposed  and  collected  for  violation  of  laws 
pertaining  to  precaution  against  fire. 

§  13.  Any  firemen's  life  and  health  insurance  fund,  or  any  fund  provided  by 
law,  heretofore  existing  in  any  county,  city  and  county,  city,  or  town,  for  the 
relief  or  pensioning  of  firemen,  or  their  life  or  health  insurance,  or  for  the 
payment  of  a  sum  of  money  on  their  death,  shall  be  merged  with,  paid  into,  and 
constitute  a  part  of  the  fund  created  under  the  provisions  of  this  act ;  and  no 
person  who  has  resigned  or  been  dismissed  from  said  fire  department  shall  be 
entitled  to  any  relief  from  such  fund ;  provided,  that  any  person,  who,  within 
one  year  prior  to  the  passage  of  this  act,  has  been  dismissed  from  the  fire  depart- 
ment for  incompetency  or  inefficiency,  and  which  incompetency  or  inefficiency 
was  caused  solely  by  sickness  or  disability  contracted  or  suffered  while  in  service 
as  a  member  thereof,  and  who  has,  prior  to  said  dismissal,  served  for  twelve  or 
more  years  as  such  member,  shall  be  entitled  to  all  the  benefits  of  this  act. 

§  14.  On  the  last  day  of  June  of  each  year,  or  as  soon  thereafter  as  prac' 
ticable,  the  auditor  of  such  county,  city  and  county,  city,  or  town,  shall  make 
a  report  to  the  board  of  supervisors,  or  other  governing  authority  of  such  county, 
city  and  county,  city,  or  town,  of  all  moneys  paid  out  on  account  of  said  fund 
during  the  previous  year,  and  of  the  amount  then  to  the  credit  of  the  "Firemen's 
Relief  and  Pension  Fund,"  and  all  surplus  of  said  fund  then  remaining  in  said 
fund  exceeding  the  average  amount  per  year  paid  out  on  account  of  said  fund 
during  the  three  years  next  preceding,  shall  be  transferred  to  and  become  a  part 
of  the  general  fund  of  every  such  county,  city  and  county,  city,  or  town,  and  no 
longer  under  the  control  of  said  board,  or  subject  to  its  order.  Payments  pro- 
vided for  in  this  act  shall  be  icade  quarterly,  upon  proper  vouchers. 


FISH    AND    GAME— REGULATIONS,  INSTANCES.  471 

The    foregoing'    statute    apparently    super-  creating  a  relief  fund  for  Exempt  Firemen, 

sedes  the  statute  of  1901,  101,  ch.  LXXXVII,  was     held     unconstitutional     in     Taylor     vs. 

as  amended  1903,  158.  ch.  CXLIII,  which  are  Mott,  123  Cal.  497,  498,  56  Pac.  Rep.  256. 
here  omitted.     The  Statute  of  1895,   107,  for 

FISH  AND  GAME— AMERICAN  RIVER. 

To  authorize  and  empower  the  board  of  fish  commissioners  to  remove  certain 
obstructions  in  the  American  Hiver  for  the  passage  of  fish  up  said  stream 
and  its  tributaries,  and  appropriating  money  therefor. 
(Stats.  1889,  66,  eh.  LXX.) 

§  1.  The  state  board  of  fish  commissioners  are  hereby  authorized  and  directed 
during  the  year  eighteen  hundred  and  eighty-nine  to  remove  obstructions  in  the 
American  River  called  Salmon  Falls,  in  El  Dorado  County,  state  of  California, 
so  as  to  allow  the  free  passage  of  fish  up  said  river  and  its  tributaries. 

§  2.  The  sum  of  five  hundred  dollars  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated,  for  the  purpose  of 
removing  said  obstruction. 

§  3.  The  state  controller  is  hereby  authorized  to  draw  his  warrant  for  such 
sum  of  five  hundred  dollars,  and  the  treasurer  is  hereby  authorized  to  pay  the 
same. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

FISH  AND  GAME— BATTLE  CREEK. 

To  authorize  the  board  of  fish  commissioners  to  dispose  of  the  hatchery  located 
on  Battle  Creek,  in  Tehama  County,  and  to  expend  the  proceeds  of  the  same. 

(Stats.  1897,  89,  ch.  LXXXVI.) 

§  1,  The  board  of  fish  commissioners  of  this  state  are  hereby  authorized  and 
empowered  to  sell  to  the  United  States  commissioner  of  fish  and  fisheries,  the 
hatchery  building  located  on  Battle  Creek,  in  Tehama  County,  together  with  the 
leases  and  water  rights  belonging  thereto,  for  the  original  cost  of  the  same,  to 
wit:  twenty -six  hundred  dollars. 

§  2.  The  proceeds  of  said  sale  shall  be  deposited  in  the  state  treasury,  to  the 
credit  of  the  fish  commission  fund,  to  be  expended  in  the  erection  or  improve- 
ment of  the  state  hatcheries. 

§  3.     This  act  shall  take  effect  on  and  after  its  passage. 

FISH  AND  GAME— LAKE  BIGLER. 

For  the  preservation  of  fish  in  Lake  Bigler. 
(Stats.  1877-8,  746,  ch.  CCCCLXXXIL) 

§  1.  It  shall  not  be  lawful  for  any  person  or  persons  to  catch  or  kill  any  fish 
in  the  waters  of  Lake  Bigler,  or  in  any  stream  leading  into  or  from  said  Lake 
Bigler,  with  any  seine,  gill-net,  spear,  wire  fence,  basket,  trap-set  net,  or  dam, 
or  any  poisonous,  deleterious,  or  stupefying  drug,  or  explosive  compound,  or  any 
other  implement  or  appliance,  except  by  means  of  a  hook  and  line. 

§  2.  Any  person  or  persons  who  shall  violate  any  provision  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  any 
justice  of  the  peace,  in  Placer  County,  El  Dorado  County,  or  Nevada  County, 


47:;  FISH    AND    GAME — BIGLER    LAKE    AND     EEL.     RIVER. 

shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
live  hundred  [dollars],  or  by  imprisonment  in  the  county  jail  not  less  than 
thirty  days  nor  more  than  four  months,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court,  for  each  and  every  offense,  besides  the  cost  of 
prosecution. 

§  3.  The  district  attorney,  or  his  deputy,  of  El  Dorado  County,  or  of  Placer 
County,  or  of  Nevada  County,  whichever  the  informer  may  notify  as  within  the 
district  attorney's  jurisdiction,  shall  prosecute  such  suits,  and  upon  conviction 
all  fines,  damages,  and  penalties  that  may  be  awarded  or  collected  under  this 
act  shall  be  paid  one  half  to  the  district  attorney  and  one  half  to  the  informer, 
share  and  share  alike;  and  it  is  hereby  made  the  duty  of  the  district  attorney, 
or  his  appointed  deputy  of  the  counties  of  Placer,  El  Dorado,  and  Nevada,  to 
prosecute  all  cases  arising  under  this  act. 

§  4.  All  acts,  and  provisions  of  any  act  or  parts  of  acts  conflicting  with  this 
act,  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage, 

FISH  AND  GAME— EEL  RIVER. 

To  legulate  salmon  fisheries  on  Eel  River,  Humboldt  County. 

(Stats.  1859,  298,  ch.  CCLXXII.) 

§  1.  It  shall  be  lawful  to  catch  or  take  salmon  from  Eel  River,  at  any  time 
between  the  fifteenth  day  of  September  and  the  twenty-fifth  day  of  November, 
of  each  year,  in  any  manner,  and  by  any  means,  not  prohibited  by  the  laws  of 
this  state. 

§2.  The  owners  of  land,  fronting  on  the  above-named  river,  shall  have  ex- 
clusive right  and  privilege  of  casting,  hauling,  and  landing  seines  and  nets,  on 
their  own  water  front.  For  the  purposes  of  this  act,  all  bars,  and  the  bed  of  said 
river,  lying  between  the  lines  of  the  official  survey  and  extreme  low-water  mark, 
shall  be  deemed  and  held  to  be  the  water  front  of  the  landowner  whose  lines 
border  on  said  river,  or  run  nearest  thereto. 

§  3.  Where  there  is  a  bar,  or  grade,  suitable  for  landing  seines  or  nets,  on  one 
side  of  the  river,  and  a  bold  shore,  and  steep,  abrupt  bank  on  the  other,  the 
owner,  or  owners,  of  the  land  embracing'  such  bar,  or  grade,  shall  have  the 
exclusive  privilege  of  using  the  entire  width  of  the  river,  for  fishing  purposes, 
at  such  points  or  places ;  provided,  always,  that  such  owner,  or  owners,  shall 
in  nowise  impede,  or  interfere  with,  the  navigation  of  said  river. 

§  4.  Whenever,  on  both  sides  of  said  river,  there  is  a  bar,  or  grade,  suitable 
for  landing  seines  or  nets,  the  owners  of  the  land  on  each  side  of  said  river,  em- 
bracing such  bars,  or  grades,  shall  exercise  fishing  privileges  and  rights  to  the 
center  of  the  river,  at  low-w^ater  mark. 

§  5.  Any  person  who  shall  cast,  haul,  or  draw  any  seine,  or  net,  on  Eel  River, 
for  the  purpose  of  catching  salmon,  at  any  other  season  than  named  in  this  act, 
or  not  having  the  right  to  cast,  haul,  draw,  or  land  such  seine,  or  net,  as  pro- 
vided in  this  act,  shall  be  deemed,  and  held  to  be,  a  trespasser  against  the  persons 
whose  rights  are  by  this  act  fixed  and  determined,  and,  in  addition  to  any  civil 
action  had  thereon,  may  be  convicted  of  a  misdemeanor,  for  every  .such  offense. 


FISH    AND     GAME— FISHWAYS,    CONSTRUCTION,     ETC.  473 

and  punished  by  fine,  not  less  than  twenty-five  [dollars],  nor  exceeding  two 
hundred  dollars,  or  imprisonment  in  the  county  jail,  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

To  the  extent  of  rights  of  landowners,  force.  In  Ileckman  vs.  Swett.  107  Cal.  276, 
and  subject  to  seasons  prescribed  by  gen-  40  Pac.  Rop.  420.  See  KEUIl'S  CYC.  PEN. 
eral   laws,   the   above   act   is   held   to   be   in       CODE,  §  23. 

FISH  AND  GAME— FISHW AYS. 

To  provide  for  the  construction,  maintenance,  and  regulation  of  fishways  in 
streams  naturally  frequented  by  salmon,  shad,  and  other  migratory  fiish. 

(Stats.  1880,  121,  ch.  CXIV.) 

§  1.  It  shall  be  the  duty  of  the  state  board  of  fish  commissioners  to  examine, 
from  time  to  time,  all  dams  and  artificial  obstructions  in  all  rivers  or  streaiiLS 
in  this  state,  naturally  frequented  by  salmon,  shad,  or  other  migratory  fish,  and 
if,  in  their  opinion,  there  is  not  free  passage  for  fish  over  or  around  any  dam 
or  artificial  obstruction,  to  notify  the  owners  or  occupants  thereof  to  provide  the 
same  within  a  specified  time  with  a  durable  and  efficient  fishway,  of  such  form 
and  capacity  and  in  such  location  as  shall  be  determined  by  the  fish  commission- 
ers, or  persons  authorized  by  them.  If  such  fishway  is  not  completed  to  the  satis- 
faction of  said  commissioners  within  the  time  specified,  the  owners  or  occupants 
of  such  dam  or  artificial  obstruction  shall  be  deemed  guilty  of  a  misdemeanor,  and 
may  be  prosecuted  by  action,  on  complaint  before  any  justice's  court  or  justice  of 
the  peace  in  the  county  where  such  dam  or  artificial  obstruction  is  situated,  and, 
on  conviction,  shall  be  fined  two  hundred  and  fifty  dollars,  and  the  plaintiff:  shall 
recover  full  costs ;  and  one  half  of  such  fine  shall  be  for  the  benefit  of  and  shall 
be  paid  to  the  person  making  the  complaint,  and  the  other  half  shall  be  paid  into 
the  state  treasury  for  the  benefit  of  the  fund  for  "Preservation  and  Restoration 
of  Fish,"  and  may  be  expended  by  the  state  board  of  fish  commissioners,  in  their 
discretion,  for  the  obstruction  and  maintenance  of  fishways, 

§  2.  It  shall  be  incumbent  upon  the  owners  or  occupants  of  all  dams  or 
artificial  obstructions,  where  the  state  board  of  fish  commissioners  require  sucli 
fishway  to  be  provided,  to  keep  the  same  in  repair,  and  open,  and  free  from 
obstructions  to  the  passage  of  fish  at  all  times ;  and  any  owners  or  occupants  of 
any  such  dam  or  artificial  obstruction  who  neglects  or  refuses  to  keep  such  fish- 
way in  repair,  and  open,  and  free  from  obstruction  to  the  passage  of  fish,  shall 
be  guilty  of  a  misdemeanor,  and  subject  to  the  same  fine,  and  which  shall  be 
recovered  in  the  same  manner,  and  applied  to  the  same  purposes,  as  provided  in 
section  one  of  this  act, 

§  3.  Any  person  who  shall  wilfully  or  knowingly  destroy,  injure,  or  obstruct 
any  such  fishway,  or  any  person  who  shall  at  any  time  take  or  catch  any  salmon, 
shad,  or  other  migratory  fish  or  trout,  except  by  hook  and  line,  within  three 
hundred  feet  of  any  fishway  required  by  the  state  board  of  fish  commissioners 
to  be  provided  and  kept  open,  or  shall  take  or  catch  anj'  such  fish  in  any  manner 
within  fifty  feet  of  such  fishway,  shall  be  guilty  of  a  misdemeanor,  and  subject 
to  the  same  fine,  and  which  shall  be  recovered  in  the  same  manner  and  applied 
to  the  same  purposes,  as  provided  in  section  one  of  this  act. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


474  FISH    AND     GAME— GAME    BIRDS,    REGULATIONS. 

FISH  AND  GAME— GAME  BIRDS. 

To  authorize  the  state  board  of  fish  commissioners  to  import  game  birds  into  the 
state  for  propagation,  and  to  appropriate  money  for  that  purpose,  and 
providing  a  penalty  for  the  shooting,  trapping,  killing,  or  otherwise  de- 
stroying any  of  said  birds  within  this  state. 

(Stats.  1889,  304,  eh.  CCX.) 

§  1.  The  state  board  of  fish  commissioners  is  hereby  authorized  to  purchase 
for  the  purposes  of  propagation,  import  into  this  state,  and  distribute  to  such 
places  within  this  state  as  may  in  their  judgment  be  best  suitable  for  the  same, 
such  game  birds  as  they  may  be  able  to  secure,  including  wild  turkeys,  prairie 
chickens,  bob-white  quail,  pheasants,  grouse,  skylarks,  and  others  valuable  as 
game  birds. 

§  2.  For  the  purposes  of  this  act  the  sum  of  two  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not  otherwise  appropriated, 
to  be  used  in  the  discretion  of  the  state  board  of  fish  commissioners,  who  are 
hereby  authorized  to  draw  the  whole  or  any  portion  of  said  money;  but  after 
expenditure,  itemized  bills  of  expense  shall  be  submitted  for  the  money  expended. 

§  3.  The  controller  shall  draw  his  warrant  on  the  requisition  of  said  board 
of  fish  commissioners  for  the  whole  or  any  portion  of  said  appropriation,  and  the 
treasurer  shall  pay  the  same. 

§  4.  Any  person  who  shall,  within  this  state,  prior  to  the  first  day  of  January, 
eighteen  hundred  and  ninety-five,  shoot,  trap,  kill,  or  otherwise  destroy  any  bird 
mentioned  in  section  one  of  this  act,  is  guilty  of  a  misdemeanor,  and  the  shoot- 
ing, trapping,  killing,  or  otherwise  destroying  of  each  of  said  birds  shall  be  a 
separate  offense. 

§  5.     This  act  shall  take  effect  and  be  in  force  on  and  after  its  passage. 

FISH   AND   GAME— STEAM   LAUNCH. 

To  authorize  the  board  of  fish  commissioners  to  dispose  of  the  steam  launch 
"Governor  Stoneman, "  and  to  replace  it  by  two  smaller  boats  to  be  used 
as  patrol  boats.        (gtats.  1889,  350,  ch.  CCXXXIX.) 

§  1.  The  board  of  fish  commissioners  of  this  state  are  hereby  authorized  and 
empowered  to  cause  to  be  sold  the  steam  launch  "Governor  Stoneman,"  as  it  is 
unfit  for  their  purposes. 

§  2.  The  proceeds  of  said  sale  of  said  steam  launch  shall  be  deposited  to 
the  credit  of  the  fish  commission  fund,  said  sum  of  money  to  be  expended  to 
procure  two  boats,  of  smaller  dimensions,  better  calculated  for  the  service  of 
patrolling  the  waters  of  this  state. 

§  3.  Said  sale  to  be  to  the  highest  bidder,  at  a  public  or  private  sale,  and  to 
be  confirmed  by  the  state  board  of  examiners. 

§  4.     This  act  shall  take  effect  on  and  after  its  passage. 

FISH   AND   GAME— GASOLINE   LAUNCH. 

To  authorize  the  board  of  fish  commissioners  of  the  state  of  California  to  pur- 
chase or  construct  a  gasolene  launch,  to  aid  in  carrying  out  the  purposes 
of  said  board,  and  appropriating  money  therefor. 
(Stats.  1897,  346,  ch.  CCXXIX.) 


FISH     AND     GAME— LAUNCH     REGt'LATIONS.  4T5 

§  1.  The  board  of  fish  commissioners  of  this  state  are  hereby  authorized 
and  empowered  to  cause  to  be  purchased  or  constructed  a  gasolene  launch  of 
light  draft  suitable  to  patrol  the  waters  of  this  state. 

§  2.  Said  launch  when  purchased  or  constructed  shall  be  under  the  exclu- 
sive control  of  the  said  board  of  fish  commissioners,  and  shall  be  used  by  them 
in  carrying  out  the  purposes  of  said  board. 

§  3.  The  claims  for  purchasing  or  constructing  said  launch  shall  be  pres- 
ented to  and  allowed  by  the  state  board  of  examiners. 

§  4.  The  total  cost  of  said  launch  shall  not  exceed  the  sum  of  two  thousand 
six  hundred  dollars,  of  which  sum  one  thousand  one  hundred  dollars  is  now 
on  hand,  resulting  from  the  sale  of  steam  launch  "Governor  Stoneman,"  and 
said  board  of  fish  commissioners  are  hereby  authorized  and  empowered  to  use 
said  sum  of  one  thousand  one  hundred  dollars  in  the  purchase  or  construction 
of  said  gasolene  launch. 

§  5.  The  sum  of  one  thousand  five  hundred  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  in  addition 
to  said  sum  of  one  thousand  one  hundred  dollars,  for  the  purpose  of  purchasing 
or  constructing  said  launch,  and  the  controller  of  state  is  hereby  authorized 
to  draw  his  warrant  in  favor  of  said  board  of  fish  commissioners  for  said  sum 
of  one  thousand  five  hundred  dollars,  in  addition  to  the  sum  of  one  thousand 
one  hundred  dollars  already  on  hand,  and  the  treasurer  of  state  is  hereby  di- 
rected and  authorized  to  pay  the  same. 

§  6.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  7.     This  act  shall  take  efi^ect  immediately. 

See  fuU  note  at  end   of  this   title  on  Fish  and  Game. 

FISH  AND  GAME— LAKE  MERRITT. 

To  prevent  the  destruction  of  fish  and  game  in,  upon  and  around  the  waters  of 
Lake  Merritt  or  Peralta,  in  the  county  of  Alameda. 

(Stats.  1869-70,  325,  eh.  CCXXIV.) 

§  1.  From  and  after  the  passage  of  this  act,  it  shall  be  unlawful  for  any 
person  to  take,  catch,  kill,  capture,  or  in  any  manner  destroy,  any  fish  in  the 
waters  of  Lake  Merritt  or  Peralta,  in  the  county  of  Alameda,  except  by  the  use 
of  a  hook  and  line ;  but  it  shall  be  unlawful  to  use  any  set  lines,  night  lines,  or 
crawls  in  said  lake. 

§  2.  And  be  it  further  enacted,  that  from  and  after  the  passage  of  this  act, 
it  shall  be  unlawful  for  any  person  to  take,  kill  or  destroy,  in  any  manner 
whatever,  any  grouse,  any  species  of  wild  duck,  crane,  heron,  swan,  pelican, 
snipe,  or  any  wild  animal  or  game,  of  atly  kind  or  species  whatever,  upon,  in  or 
around  Lake  Merritt  or  Peralta,  in  the  county  of  Alameda,  and  within  one 
hundred  rods  from  high-water  mark  upon  the  land  around  said  lake. 

§  3.  Any  person  violating  anj'  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  any  justice  of  the 
peace  of  said  county,  or  police  judge  of  any  city  within  said  county,  shall  be 
punished  by  a  fine  of  not  exceeding  five  hundred  dollars,  and  in  default  of 
payment  of  such  fine,  shall  be  imprisoned  in  the  county  jail  of  said  county,  or 


476  FISH    AND     GAME— LICENSING     FISHERMEN. 

within  a  city  prison  within  said  county,  not  more  than  six  months  nor  less 
than  one  month. 

§  4.  The  fines  collected  under  this  act  shall  be  paid  into  the  county  treas- 
ury, in  all  cases  prosecuted  before  a  justice  of  the  peace,  and  into  the  city  treas- 
ury in  all  cases  of  prosecution  before  a  police  judge  of  any  city  within  the 
county. 

§  5.     This  act  shall  take  effect  and  be  in  full  force  on  and  after  its  passage. 

Continued  in  force. — See  KERR'S  CYC.  PEN.  CODE,  §  19,  and  KERR'S   CYC.  POL,.  CODE, 

§  23. 

FISH  AND  GAME— LICENSES. 

To  regulate  the  vocation  of  fishing,  and  provide  therefrom  revenue  for  the 

restoration  and  preservation  of  fish  in  the  waters  of  the  state  of  California. 

(Stats.  1887,  233,  ch.  CLXXX.) 

§  1.  Every  person  engaged  in  the  vocation  of  fishing  in  the  public  waters  of 
this  state,  who  shall  use  a  boat  and  net  for  the  purpose  of  such  fishing,  must 
obtain  a  license  before  engaging  in  such  vocation.  The  controller  of  state  shall 
prepare  suitable  licenses,  of  the  classes  designated  by  the  fish  commissioners, 
Avhich  shall  purport  to  license  the  holder  of  such  license  to  fish  in  any  of  the 
public  waters  of  this  state,  with  nets  and  by  boat,  for  the  term  of  one  year 
from  the  first  day  of  April  of  one  year  to  the  first  day  of  April  of  the  year 
following.  The  licenses  shall  be  numbered  consecutively,  beginning  with  num- 
ber one,  and  contain  blanks  for  the  insertion  of  the  name  of  the  holder,  the 
name  of  the  county  in  which  he  resides,  and  the  name  or  number  of  his  boat. 
The  controller  shall  sign  all  licenses  and  deliver  the  same  to  the  fish  commis- 
sioners, on  demand,  who  shall  be  charged  for  the  same  by  the  controller.  Each 
license,  before  delivery  to  the  applicant  for  a  license,  must  be  countersigned 
by  the  president  of  the  board  of  fish  commissioners,  and  the  president  of  the 
board  of  fish  commissioners  shall  execute  a  bond  to  the  people  of  the  state  of 
California,  in  the  sum  of  two  thousand  ($2,000)  dollars  for  the  faithful  per- 
formance of  the  duties  imposed  upon  him  by  this  act.  The  number  of  the 
license  must  be  displayed  by  the  holder  on  each  side  of  the  stern  of  his  boat, 
in  length  not  less  than  four  (4)  inches,  and  in  width  to  correspond  with  the 
length;  and  a  failure  to  so  display  the  number  within  five  days  after  receipt 
of  the  license,  or  the  fishing  by  the  holder  of  a  license  by  unlawful  lines,  nets, 
seines,  bay-net  modes  or  methods,  in  violation  of  the  law  for  the  preservation 
of  fish  and  game,  shall  work  a  forfeiture  of  such  license.  The  owner  or  user 
of  each  fishing-boat  worked  by  less  than  three  men,  shall  pay  an  annual  license 
fee  of  five  dollars;  and  the  owner  or  user  of  each  boat  worked  by  three  or 
more  men,  shall  pay  an  annual  license  fee  of  two  and  one  half  (21^)  dollars 
for  each  man  so  employed. 

§  2.  Said  license  fees  must  be  collected  by  the  fish  commissioners,  or  some 
one  designated  by  them  for  that  purpose;  and  each  of  the  commissioners,  and 
such  persons  designated  by  them  for  the  purpose  of  collecting  said  license  fees, 
is  and  are  hereby  empowered  to  arrest  any  person  fishing,  or  using  a  boat  and 
net  for  fishing,  without  a  license,  contrary  to  the  provisions  of  section  one  of 
this  act.  The  commissioners  may  reserve  out  of  the  proceeds  of  the  collection 
of  such  license  fifteen  (15)  per  centum  to  pay  for  services  for  such  collection. 


FISH    A.X1>    GAME,    LICENSING    FISHERMEN— PITT    RIVER.  477 

§  3.  The  money  collected  from  such  licenses,  less  the  percentage  deducted, 
shall  be  paid  by  the  commissioners  into  the  state  treasurj^,  and  shall  constitute 
a  fund  to  be  called  the  "Fish  Commission  Fund."  Said  fund  shall  be  applicable 
to  the  payment  of  the  expenses  of  propagating,  protecting,  restoring,  and  in- 
troducing fish  in  the  public  waters  of  the  state,  and  to  the  payment  of  expenses 
incurred  in  the  prosecution  of  offenders  against  the  provisions  of  this  act,  and 
to  the  compensation  to  the  commissioners  for  each  day  employed  in  tho  dis- 
charge of  their  duties,  to  be  fixed  by  the  state  board  of  examiners,  and  all  other 
necessary  expenses. 

§  4.  All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  this  act,  are  here- 
by repealed. 

§  5.     This  act  shall  take  effect  immediately. 

FISH   AND    GAME— PITT   RIVER. 

To  provide  for  removing  obstructions  in  Pitt  River,  above  the  mouth  of  Hat 
Creek,  so  as  to  enable  salmon  to  reach  the  spawning-grounds  on  the  upper 
waters  of  said  river  and  its  tributaries,  and  making  an  appropriation 
therefor.  (Stats.  1901,  808,  ch.  CCLVIII.) 

§  1.  The  fish  commissioners  of  this  state  are  hereby  authorized  and  directed 
that  within  six  months  after  the  passage  of  this  act  they  shall  advertise  for 
proposals  and  let  a  contract  or  contracts  for  the  removal  of  obstructions  and 
making  fishways  in  Pitt  River,  above  the  mouth  of  Hat  Creek,  so  as  to  enable 
salmon  to  reach  the  spawning-grounds  on  the  head  waters  of  said  river  and  its 
tributaries. 

§  2.  Said  advertisements  shall  be  published  once  a  week  for  four  successive 
weeks  in  one  or  more  newspapers  published  in  the  counties  of  Shasta,  Lassen 
and  Modoc,  and  shall  briefl^y  set  forth  the  extent  to  which  said  obstructions  are  to 
be  removed,  the  nature  of  the  fishways  to  be  opened,  and  designate  a  time  for 
receiving  said  proposals. 

§  3.  The  contract  or  contracts  shall  be  let  to  the  lowest  responsible  bidder, 
and  shall  contain  a  stipulation  that  no  money  shall  be  paid  or  become  due  upon 
said  contract  or  contracts  until  the  work  is  completed  and  accepted  by  said  com- 
missioners. No  contract  or  contracts  shall  be  let  which  singly,  or  in  the  aggre- 
gate, will  amount  to  more  than  three  thousand  dollars,  including  advertising 
and  other  necessary  expenses. 

§  4.  When  the  work  is  completed,  approved,  and  accepted  by  the  board  of 
fish  commissioners,  they  shall  certify  the  amount  due  upon  said  contract  or 
contracts,  and  the  amount  due  for  advertising  and  other  necessary  expenses  in- 
curred by  them  in  carrying  out  the  provisions  of  this  act,  to  the  state  board  of 
examiners,  and,  when  approved  by  said  board,  the  amount  shall  be  paid  out  of 
the  general  fund  in  the  state  treasury. 

§  5.  The  sum  of  three  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  general  fund  in  the  state  treasury  for  the  purpose  of  carrying  out 
the  provisions  of  this  act ;  but  no  amount  of  the  sum  specified  shall  be  available, 
or  become  payable,  prior  to  January  first,  nineteen  hundred  and  two. 

§  6.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  former  Act  18S0,    343,   ch.   CXCI. 


478  FISH    AXD    GAME— FISH    HATCHERIES. 

FISH  AND  GAME— SALMON  HATCHERY. 

To  authorize  the  board  of  fish  commissioners  of  this  state,  to  build  and  maintain 

a  salmon  hatchery,  and  providing  ways  and  means  therefor. 

(Stats.  1885,  31,  ch.  XXVIII.) 

§  1.  The  board  of  fish  commissioners  of  this  state  are  hereby  authorized  and 
empowered  to  erect,  construct,  and  maintain,  upon  the  head  waters  of  the  Sacra- 
mento River,  at  a  point  to  be  determined  upon  by  said  board,  a  suitable  hatchery 
for  the  propagation  of  salmon. 

§  2,  All  claims  of  persons  for  labor  done  and  for  materials  furnished  to  said 
board,  in  pursuance  of  the  authority  herein  obligated,  shall  first  be  presented  to 
said  board,  and  shall  be  by  them  forwarded  to  the  state  board  of  examiners,  and, 
after  allowance  by  them,  shall  be  paid  out  of  the  funds  hereinafter  provided. 

§  3.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of  the 
general  fund  not  otherwise  appropriated,  and  shall  be  used  in  payment  of  said 
claims. 

§  4.     This  act  shall  take  effect  on  and  after  its  passage. 

FISH  AND   GAME— SISSON. 

To  authorize  the  board  of  fish  commissioners  of  this  state  to  purchase  the  land 
on  which  the  state  fish  hatcheries  at  Sisson  are  now  situated,  and  appropri- 
ating money  therefor. 

(Stats.  1891,  258,  ch.  CLXXV.) 

§  1.  The  board  of  fish  commissioners  of  this  state  are  hereby  authorized  and 
empowered  to  purchase,  out  of  the  fund  for  the  support  and  maintenance  of 
the  state  hatcheries,  the  land  on  which  the  state  fish  hatcheries  at  Sisson  are 
now  situated,  at  a  sum  not  to  exceed  five  hundred  dollars. 

§  2.  The  sum  of  five  hundred  dollars  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated,  for  the  purpose  men- 
tioned in  the  preceding  section. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

See  next  succeeding  act. 

FISH   AND   GAME— SISSON. 

To  provide  for  purchasing  land  for  the  state  fish  hatchery  at  Sisson,  in  Siskiyou 
County,  and  for  making  certain  improvements  and  repairs  at  said  hatchery, 
and  making  an  appropriation  therefor.  r 

(Stats.  1903,  434,  ch.  CCCXII.) 
§  1.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  to  be  paid  to  the  state 
board  of  fish  commissioners  as  follows :  For  purchasing  additional  land  for 
change  and  improvements  about  the  fish  hatchery  at  Sisson;  for  constructing  a 
duplicate  flume  system,  additional  ponds  and  other  changes  and  improvements; 
and  for  constructing  a  dwelling-house  for  the  superintendent  of  said  Sisson 
hatchery. 

§  2.  The  controller  of  the  state  is  hereby  authorized  and  directed  to  draw 
his  warrant  for  the  said  amount  as  the  work  shall  progress,  in  favor  of  said 


FISH     AND     GAME— TRIALS— WARDEN.  v479 

board  of  fish  commissioners,  upon  their  requisition  for  the  same,  and  the  treas- 
urer is  hereby  directed  to  pay  such  warrants. 

§  3.     This  act  shall  take  effect  July  first,  nineteen  hundred  and  three. 

FISH  AND  GAME— TRIALS. 

Providing  for  the  payment  of  the  costs  and  expenses  of  all  trials  and  proceedings 
against  any  person  charged  with  the  violation  of  the  laws  of  this  state  for 
the  preservation,  protection,  or  restoration  of  fish. 

(Stats.  1903,  20,  ch.  XVII.) 

§  1.  The  costs  and  expenses  of  all  trials  and  proceedings  which  .shall  hereafter 
be  had  in  any  county  of  this  state  against  any  person  charged  with  having  vio- 
lated any  of  the  provisions  of  any  law  of  this  state  for  the  preservation,  pro- 
tection, or  restoration  of  fish,  shall  be  borne  and  paid  by  the  state.  [Amendment. 
Stats.  1903,  20.] 

§  2.  Any  claim  against  the  state  for  the  cost  and  expenses  named  in  this  act 
shall  be  presented  to  the  state  board  of  fish  commissioners,  duly  verified,  and 
after  approval  and  allowance  by  said  board,  shall  be  acted  upon  by  the  state 
board  of  examiners,  and  paid  out  of  the  fish  commission  fund.  [Amendment, 
1903,  20.] 

§  3.     [Simply  provided  time  of  going  into  effect.] 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
[Amendment,  Stats.  1903,  20.] 

§  5.     This  act  shall  take  effect  immediately.     [Amendment,  Stats.  1903,  20. J 

The   foregoing   act   entirely   supersedes   the   original   Act   of    1887,   5. 
See  tits.   Blue  Cranes;   Seagulls;  Mocking:  Birds. 

FISH  AND  GAME— WARDEN. 

To  create  the  ofiice  of  game  warden,  and  to  prescribe  the  powers,  duties,  and 

salary  of  such  office. 

(Stats.  1895,  169,  ch.  CLXV;  amended  Stats.  1905,  319,  ch.  CCCV.) 

§  1.  The  board  of  supervisors  of  each  and  every  county  in  the  state  may,  in 
its  discretion,  at  their  first  meeting  held  in  April,  eighteen  hundred  and  ninety- 
five,  and  at  their  first  meeting  held  in  January,  eighteen  hundred  and  ninety- 
seven,  and  in  January  every  two  years  thereafter,  appoint  a  suitable  person  to 
serve  for  the  period  of  two  years  from  the  date  of  his  appointment  as  fish  and 
game  warden  of  the  county,  which  office  is  hereby  created;  provided,  that  the 
person  so  appointed  in  April,  eighteen  hundred  and  ninety-five,  shall  hold  office 
only  until  January,  eighteen  hundred  and  ninety-seven,  and  until  his  successor 
is  appointed  and  qualifies. 

§  2.  Said  fish  and  game  warden  shall  enforce  the  state  laws,  and  all  county 
and  municipal  ordinances  relating  to  the  protection  of  fish  and  game,  and  he 
.shall  be  vested  with  all  the  powers  of  a  peace  officer  to  make  arrests  for  the 
violation  of  such  laws  and  ordinances. 

§  3.  The  salary  of  said  fish  and  game  warden  is  hereby  fixed,  in  accordance 
with  the  classification  of  counties,  as  follows: 


480 


FISH    AND    GAME— SALARIES. 


§  4.  For  counties  of  the  second  class,  one  hundred  and  twenty-five  dollars  per 
month ;  for  counties  of  the  first  and  third  classes,  one  hundred  dollars  per  month ; 
for  counties  of  the  fourth,  fifth  and  sixth  classes,  the  sum  of  seventy-five  dollars 
per  month ;  for  counties  of  the  seventh,  eighth,  ninth  and  tenth  classes,  the  sura 
of  sixty  dollars  per  month;  and  for  all  other  classes  from  the  eleventh  to  the 
fifty-third,  inclusive,  the  sum  of  fifty  dollars  per  month.  In  addition  thereto 
said  warden  shall  be  allowed  a  sum  not  to  exceed  twenty-five  dollars  per  month 
for  expenses  incurred  by  him  in  the  performance  of  his  duties.  Said  salary  and 
expenses  incurred  must  be  paid  monthly  from  the  county  treasury.  Said  fish 
and  game  warden  shall,  before  entering  upon  the  discharge  of  his  duties,  execute 
a  bond  with  sureties  in  such  sum  as  may  be  required  by  the  board  of  supervisors, 
for  the  faithful  and  proper  discharge  of  his  duties  as  such  fish  and  game  warden. 
Said  warden  shall  report  quarterly  to  the  board  of  supervisors  of  his  county, 
giving  a  detailed  statement  of  all  arrests  made,  convictions  had,  fines  collected, 
and  generally  in  regard  to  the  management  of  his  office.  Such  officers  may  be 
removed  by  the  board  of  supervisors  for  intemperance,  neglect  of  duty,  or  other 
good  and  sufficient  reasons.     [Amendment,  Stats.  1905,  319.] 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


FISH  AND  GAME. — There  are  various  en- 
actments affecting  particular  localities  or 
for  special  purposes  which  are  probably 
superseded  by  the  more  recent  general  pro- 
visions of  the  Penal  Code:  Siskiyou  County, 
Stats.  1865-6,  857;  Yolo,  1871-2,  411;  Napa, 
1871-2,  441,  and  1871-2,  550;  Butte,  1871-2, 
138;  Nevada,  1873-4,  SO;  Plumas  and  Sierra. 
1873-4,  154,  and  1875-6,  725;  deer  on  Mount 
Diablo,  1877-8.  599  (expired);  Alameda,  Lake 
Chabot  or  San  Leandro  Creek,  1877-8,  598: 
use  of  nets,  etc.,  San  Antonio  Creek,  Alame- 
da County,  1875-6,  362;  as  to  Bolinas  Bay. 
Marin  County,  1865-6,  637;  as  to  Kings 
River  and  flumes  or  ditches  leading  there- 
from, 1877-8,  601. 

As  to  having  in  possession  during  the  pro- 
hibited period  any  game,  etc.,  see  KERR'S 
CYC.  PEN.  CODE,  §  626,  and  cases  there 
noted. 

GAME    AND     FISH     LAWS. 
As    affecting   interstate    commerce. — 13    L. 
R.  A.   804;   briefs  in   29  L.   R.  A.   715   and   33 
L.  R.  A.  696. 

As  to  sale  of  game  and  fish  imported. — 
33  L.  R.  A.  696. 

Innocent  violation  of. — Brief  in  29  L.  R.  A. 
715. 

Constitutionality  of  statute  authorizing 
summary  forfeiture  of  property  used  in  vio- 
lation of. — Brief  in  65  L.  R.  A.  610. 

Construction  of. — Brief  in  36  L.  R.  A.  765. 
Cruel  and  unusual  punishment   for  viola- 
tion of.— 35  L.  R.  A.  572. 

Of  various  states. — 8  L.  R.  A.  448. 
Power  of  state  as  to. — Brief  in  40  L.  R.  A. 
152. 

Prohibiting  guiding  in  fishing  or  forest 
hunting  without  registration. — 50  L.  R.  A. 
544. 

Right  of   state  to  regulate   taking  of  fish 
and  game. — Brief  in  58  L.  R.  A.  95. 
Flsl]   LaTvs. 
Po-wer    of    state    to    control    and    regulate 
fisheries. — 53  Am.  St.  Rep.  293. 


Power  of  state  to  regulate  taking  of  fish 
in  tide-water. — 23  Am.   St.  Rep.   837. 

Property  in  fisli,  arises  when. — 58  Am.  St. 
Rep.   187. 

Game  Laivs. 

Applicable  to  game  purchased  on  Indian 
reservation. — 40  L.  R.  A.   759. 

Carriers  noi  in  provision  as  to  penalty. — 
13  L.  R.  A.   33. 

Constitutionality  of  laws  protecting  game. 
— Note  42  Am.   St.   Rep.   138. 

Contract  for  cold  storage  of  game  during 
close  season. — 40  L.  R.  A.  151. 

Deer  in  large  park;  riglit  of  owner  to 
kill  in  close  time. — 35  L.  R.  A.  279. 

Following  moose  till  snowbound  and  cap- 
turing during  close  time. — 8  L.  R.  A.  448. 

Game  laws  as  affecting  interstate  com- 
merce.— Brief  in  53  L.  R.  A.  134. 

Game  laws;  game  as  property  of  the 
state;  validity  of  statute  authorizing  sum- 
mary seizure  and  forfeiture  to  state  of  all 
guns,  etc.,  in  actual  use  in  violation  of  law. 
— Brief  in   65   L.   R.  A.   611. 

Individual  property  in  game;  liability  for 
unlawful  transportation  of.- — Brief  in  9  L. 
R.  A.   183. 

Intent  in  killing  game  birds  taken  out  of 
state. — 13  L.   R.   A.    804. 

Liability  of  carrier  for  transporting  game. 
— 29  L.  R.  A.  714. 

Taking  carcasses  from  carrier  during  in- 
terstate transportation. — 13  L.  R.  A.  33. 

Possession  during  closed  season;  prior  ac- 
quisition.— Brief  In  52  L.  R.  A.  803. 

P'ower  of  state  to  impose  restriction  on 
right  to  kill. — Brief  in  51  L.  R.  A.  405. 

Prohibited  possession  of  game  killed  in 
other  state.— 36  L.  R.  A.  765. 

Prohibiting  possession  of  quail  during 
closed  season. — 51  L.  R.  A.  404. 

Prohibiting  transportation  of  game  killed. 
— 9  L.   R.  A.   138. 

Protecting  game  by  either  general  or 
special  laws. — 33  L.  R.  A.   114. 


UNITED     STATES     FLAG— FOREIGN     MINER,     LICENSE.  481 

Reg'ulatlons    for    preserving   grame. — 40    L.  State   act    prohibiting    killing    of   birds   to 

R.   A.    151.  be  taken  from  state. — 13  L.  R.  A.  804. 

Restriction    of    consignment    of    game    to  Third    person    liberating   animal    captured 

market  by  common  carrier. — 32  L.  R.  A.  131.  during  close  time. — 8  L.  R.  A.  448. 

FLAG— OF  THE  UNITED  STATES. 

To  prohibit  the  desecration  of  the  flag  of  the  United  States  and  to  provide  a 

punishment  therefor. 

(Stats.  1899,  46,  ch.  XLIII.) 

§  1,  Any  person  who  shall  desecrate  the  flag  of  the  United  States,  hy  printing 
thereon  or  attaching  thereto  any  advertisement  of  any  nature  whatsoever,  shall 
be  deemed  guilty  of  a  misdemeanor. 

DESECRATING  THE  FLAG  does  not  in-  tion   upon   the   use   of  the  national   emblem 

elude  use  thereof  as  an  emblem  in  business  would    undoubtedly   be   within    the    purview 

or  a  trade-mark,   and  a   statute  prohibiting  of  federal  authority. 

such   use   was   held   unconstitutional   by   the  It   may  be   interesting  to   note   that   there 

supreme    court    of    Illinois    in    Ruhstrat    vs.  is    an    unreported    decision    of    the    Illinois 

People,   185    111.    133,    76   Am.    St.   Rep.    30,    57  court   that  a  statute   requiring  the  national 

N.  E.  Rep.  41,  49  L.  R.  A.  181.  emblem    to    be    floated    over    every    school- 

Thls  deoislon  i.s  vrithout  illrect  precedent,  house    during    school    hours    is    unconstitu- 

and  is  based  solely  upon  considerations  ap-  tional.     The  decision  is  placed  on  the  ground 

plicable  only  to  state  law,  and  not  to  federal  that  the  statute  transcends  the  police  power 

law.    A  federal  statute  placing  such  restric-  of  the  state. — See  30  Am.  L.  Rev.  746. 

FLOWER— STATE. 

See  tit.  State  Flower. 

FLUMES. 
See  tit.  Water  Ditches  and  Flumes. 

FOLSOM. 
See  tit.  State  Prisons. 

FOODS  AND  DRUGS. 

See  tits.  Adulteration;  Health;  Honey;  State  Analyst. 

As  to  adulterated  foods  and  drugs,  and  civil  liability   for   selling   same,   see    exhaustive 
note  KERR'S  CYC.  CIVIL  CODE  appended   to   §  43. 

FORECLOSURE. 

See  tit.  Attorney  Fees. 

FOREIGN  MINER'S  LICENSE. 

The    general    legislation    on    this    subject  although  the  note  referred  to  is  instructive), 

found    at    page    447,    Stats.    1861,    is    omitted  The    collection    and   application    of    this    tax 

from    this    publication.      It   is   assumed    that  were    given    to    the    respective    counties    by 

these  provisions  were  repealed  by  the  reve-  Stats.    1867-8,    173.      It   will    be    readily    sug- 

nue    and    taxation    system    of    the    Political  gested  that  the  subject  is  omitted  from  the 

Code.      They   are   not   continued   in   force   by  County  Government  Act,  but  see  Stats.  1880, 

section   19   of  that  code.     See  note  at   page  39,    held    unconstitutional    in    the    superior 

647,   of  volume   by   code   commissioners,    en-  court  of  Los  Angeles  in   the  case   of  People 

titled    "Statutes    Continued    in    Force"    (held  vs.     Quong    On    Long,     6     Pac.     Coast    Law 

by   supreme   court   not   to   be   authoritative,  Journal  116. 
Gen.   Laws — 31 


48a  FORESTRY  PRESERVATION — BOARD  OF  FORESTRY. 

FOREST  RESERVATIONS. 

Giving  the  consent  of  the  state  of  California  to  the  reservation  of  certain  lands 

by  Congress. 

(Stats.  1887,  107,  ch.  CVI.) 

§  1.  The  .state  of  California  hereby  consents  to  the  reservations  created  by 
the  act  of  Congress,  approved  September  twenty-fifth,  eighteen  hundred  and 
ninety,  entitled  "An  act  to  set  apart  a  certain  tract  of  land  in  the  state  of  Cali- 
fornia as  a  public  park,"  and  the  act  of  Congress,  approved  October  first, 
eighteen  hundred  and  ninety,  entitled  "An  act  to  set  apart  certain  tracts  of  land 
in  the  state  of  California  as  forest  reservations,"  and  no  further  sales  of  school 
lands  within  the  exterior  boundaries  of  the  tracts  so  reserved,  as  aforesaid,  shall 
be  made  by  the  state. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

See  tits.  Big  Tree  Groves;  Forestry — State  Board. 

FORESTRY— STATE  BOARD. 

To  provide  for  the  regulation  of  fires  on,  and  the  protection  and  management  of, 
public  and  private  forest  lands  within  the  state  of  California,  creating  a 
state  board  of  forestry  and  certain  officers  subordinate  to  said  board,  pre- 
scribing the  duties  of  such  officers,  creating  a  forestry  fund,  and  appro- 
priating the  moneys  in  said  fund,  and  defining  and  providing  for  the 
punishment  of  certain  offenses  for  violations  of  the  provisions  of  this  act, 
and  making  an  appropriation  therefor. 

(Stats.  1905,  235,  ch.  CCLXIV.) 

§  1.  State  hoard  of  forestry. — There  shall  be  a  state  board  of  forestry,  con- 
sisting of  the  governor,  secretary  of  state,  attorney-general  and  state  forester, 
which  shall  supervise  all  matters  of  state  forest  policy  and  management  and 
convene  upon  the  call  of  the  governor  or  of  its  secretary. 

§  2.  State  forester  and  his  duties. — There  shall  be  a  state  forester,  who  shall 
be  a  civil  executive  officer,  and  who  shall  be  a  technically  trained  forester, 
appointed  by  the  governor  to  hold  office  at  the  pleasure  of  the  appointing  power ; 
and  whether  any  candidate  for  the  position  is  a  technically  trained  forester  shall 
be  determined  by  certificate  from  the  secretary  of  the  United  States  departmeni 
of  agriculture,  or  from  the  department  of  forestry  of  the  .state  university  after 
.such  department  is  established.  He  shall  receive  a  salary  of  twenty-four  hun- 
dred dollars  per  annum,  and  shall  be  authorized  and  empowered  to  appoint  two 
assistant  foresters,  whose  salaries  shall  not  exceed  twelve  hundred  dollars  each 
per  annum.  He  shall  maintain  headquarters  at  the  state  capitol  in  an  office  pro- 
vided by  the  secretary  of  state,  and  shall  be  allowed  necessary  office  and  contin- 
gent expenses.  He  and  his  assistants  shall  be  paid  reasonable  traveling  and  field 
expenses  which  may  be  incurred  in  the  necessary  performance  of  their  official 
duties.  He  shall  act  as  secretary  of  the  state  board  of  forestry.  He  shall,  under 
the  supervision  of  the  state  board  of  forestry,  execute  all  matters  pertaining  to 
forestry  within  the  jurisdiction  of  the  state ;  have  charge  of  all  fire  wardens  in 
the  state,  and  direct  and  aid  them  in  their  duties;  direct  the  protection  and 
improvement  of  state  parks  and  forests;  collect  data  relative  to  forest  destruc- 


STATE     BOARD     OF     FOIIESTKV— UEGLLATIONS.  483 

tion  and  conditions;  take  such  action  as  is  authorized  by  law  to  prevent  and 
extinguish  forest,  brush,  and  grass  fires;  enforce  all  laws  pertaining  to  forest 
and  brush-covered  land,  and  prosecute  for  any  violation  of  such  laws;  co-operate 
with  landowners,  as  described  in  section  four  of  this  act ;  and  publish  from  time 
to  time  such  information  of  forestry  as  he  may  deem  wise.  He  shall  prepare 
annually  a  report  to  the  governor  on  the  progress  and  condition  of  state  forest 
work,  and  recommend  therein  plans  for  improving  the  state  system  of  forest 
protection,  management  and  replacement. 

§  3.  Supervision  and  care  of  state  parks. — The  California  Redwood  Park  and 
the  Mount  Hamilton  Tract,  together  with  all  moneys  heretofore  or  hereafter  appro- 
priated for  the  purchase  of  land  for  or  care  of  said  parks,  tracts  and  stations, 
shall  be  in  charge  of  the  state  board  of  forestry,  said  board  to  take  the  place  of 
and  forthwith  shall  have  all  the  powers  and  duties  now  possessed  in  accordance 
with  law  by  persons  or  commissions  with  regard  to  the  state  parks,  tracts  of  land, 
and  forest  stations  mentioned  in  this  act,  and  also  any  forest  or  brush  land  which 
may  hereafter  become  state  property,  or  be  placed  definitely  in  the  care  of  the 
state;  and  it  is  hereby  further  enacted  that,  if  the  government  of  the  United 
States  or  any  individual  or  corporation  shall,  at  any  time,  donate  or  intrust  to 
the  state  of  California,  for  state  park  or  state  forest  reserve  purposes,  any  tract 
or  tracts  of  wholly  or  partially  wooded  land,  such  tract  or  tracts  of  land  shall  be 
administered  at  the  expense  of  the  state,  as  provided  by  law. 

§  4.  Co-operative  work. — The  state  lorester  shall,  upon  request  and  whenever 
he  deems  it  essential  to  the  best  interests  of  the  people  and  the  state,  co-operate 
with  counties,  towns,  corporations  and  individuals  in  preparing  plans  for  the 
protection,  management  and  replacement  of  trees,  wood  lots  and  timber  tracts, 
on  consideration  and  under  an  agreement  that  the  parties  obtaining  such  assist- 
ance pay  at  least  the  field  expenses  of  the  men  employed  in  preparing  said  plans. 

§  5.  Publication  of  laivs  and  notices. — The  state  forester  shall  prepare  and 
print  for  public  distribution,  an  abstract  of  all  the  forest  laws  of  California, 
together  with  such  rules  and  regulations  in  accord  therewith  as  he  may  deem 
necessary,  and  shall  annually  print  and  distribute  a  list  of  all  fire  wardens  with 
their  addresses,  all  such  matter  to  be  published  with  the  approval  of  the  state 
board  of  forestry.  He  shall  also  furnish  notices,  printed  in  large  letters  on 
cloth,  calling  attention  to  the  danger  from  forest  fires  and  to  forest  fire  and 
trespass  laws  and  their  penalties.  Such  notices  shall  be  posted  by  the  fire  war- 
dens in  conspicuous  places  along  every  highway  in  brush  and  forest  covered 
country,  at  frequent  intervals  along  streams  and  lakes  frequented  by  tourists, 
hunters  or  fishermen,  at  established  camping  sites,  and  in  every  post-office  in  the 
forested  region. 

§  6.  Fire  districts. — The  state  forester  shall  divide  the  state  into  such  number 
of  fire  districts  as  shall  be  deemed  by  him  most  necessary  to  the  efficiency  of  his 
work;  and,  furthermore,  any  county,  or  combination  of  less  than  four  counties, 
shall  be  made  a  separate  fire  district,  upon  request  of  the  county  board  or  board 
of  supervisors,  in  which  case  such  special  fire  district  shall  pay  the  cost  of  main- 
taining its  district  fire  warden. 

^  7.  Duties  of  assistant  foresters. — The  duties  of  the  assistant  foresters  shall 
be  to  devote  their  entire  time  to  state  forest  interests  according  to  rules  and  direc- 


484  STATE    BOARD    OF    FORESTRY — FIRE    WARDENS,    POWERS. 

tions  to  be  determined  by  the  state  forester,  with  the  approval  of  the  state  board 
of  forestry.  They  shall  take  prompt  measures  to  prevent  and  extinguish  forest 
fires;  keep  a  record  of  the  cause,  extent  and  damage  of  all  forest  fires  in  their 
respective  districts,  and  perform  such  other  duties  as  the  state  forester  may 
direct. 

§  8.  Voluntary  fire  wardens  and  their  duties. — The  state  forester  shall 
appoint,  in  such  number  and  localities  as  he  deems  wise,  public-spirited  citizens 
to  act  as  voluntary  fire  wardens,  who  may  receive  payment  for  their  services 
from  the  counties  or  from  private  sources.  They  shall  promptly  report  all  fires 
and  take  immediate  and  active  steps  toward  their  extinguishment,  report  any 
violation  of  the  forest  laws,  assist  in  apprehending  and  convicting  offenders, 
and  perform  such  other  duties  as  the  state  forester  may  direct.  The  supervisors 
and  rangers  on  the  federal  forest  reserve  within  this  state,  whenever  they  for- 
mally accept  the  duties  and  responsibilities  of  fire  wardens,  may  be  appointed  as 
voluntary  fire  wardens,  and  shall  have  all  the  powers  given  to  fire  wardens  by 
this  act. 

§  9.  Powers  and  requirements  of  fire  wardens. — The  state  forester  and  all 
fire  wardens  shall  have  the  powers  of  peace  officers  to  make  arrests  without  war- 
rant, for  violations  of  any  state  or  federal  forest  laws,  and  no  fire  warden  shall 
be  liable  to  civil  action  for  trespass  committed  in  the  discharge  of  his  duties. 
Any  fire  warden  who  has  information  which  would  show,  with  reasonable  cer- 
tainty that  any  person  had  violated  any  provision  of  such  forest  laws,  shall 
immediately  take  action  against  the  offender,  either  by  using  his  own  powers  as 
a  peace  officer  or  by  making  complaint  before  the  proper  magistrate,  or  by  infor- 
mation to  the  proper  district  attorney,  and  shall  obtain  all  possible  evidence 
pertaining  thereto.  Failure  on  the  part  of  any  paid  fire  warden  to  comply  with 
the  duties  prescribed  by  this  act  shall  be  a  misdemeanor,  and  punishable  by  a 
fine  of  not  less  than  twenty  dollars,  nor  more  than  two  hundred  and  fifty  dollars, 
or  imprisonment  for  not  less  than  ten  days  nor  more  than  three  months,  or  both 
such  fine  and  imprisonment,  and  the  state  forester  is  hereby  authorized  to  investi- 
gate and  prosecute  such  violations. 

§  10.  Assistance  of  citizens  in  fighting  fires. — All  fire  wardens  shall  have 
authority  to  call  upon  able-bodied  citizens  between  the  ages  of  sixteen  and  fifty 
years,  for  assistance  in  putting  out  fires,  and  any  such  person  who  refuses  to 
obey  such  summons,  unless  prevented  by  good  and  sufficient  reasons,  is  guilty  of 
a  misdemeanor,  and  must  be  fined  in  a  sum  not  less  than  fifteen  dollars,  nor  more 
than  fifty  dollars,  or  imprisonment  in  the  county  jail  of  the  county  in  which 
such  conviction  shall  be  had,  not  less  than  ten  days,  nor  more  than  thirty  days, 
or  both  such  fine  and  imprisonment;  provided  that  no  citizen  shall  be  called 
upon  to  fight  fire  a  total  of  more  than  five  days  in  any  one  year. 

§  11.  Fire  patrol. — In  times  and  localities  of  particular  fire  danger  the  state 
forester  may  maintain  a  fire  patrol  through  the  fire  wardens,  at  such  places  in 
brush  or  forest  land  as  the  public  interest  may  require,  the  expense  of  such 
patrol  to  be  paid  by  the  county  in  which  such  patrol  is  maintained;  and,  fur- 
thermore, he  may,  upon  written  request  by  counties,  corporations  or  individuals, 
maintain  a  fire  patrol  on  their  forest  lands,  provided,  that  the  expense  of  said 
patrol  be  paid  by  the  party  or  parties  requesting  same. 


STATE     BOARD     OF     FORKSTRY— PROSECUTIONS     FOR     VIOLATION.  485 

§  12.  District  attorneys  to  prosecute  vigorously. — "Whenever  an  arrest  shall 
have  been  made  for  violation  of  any  provision  of  this  act,  or  whenever  any 
information  of  such  violation  shall  have  been  lodged  with  him,  the  district 
attorney  of  the  county  in  which  the  criminal  act  was  committed  must  prosecute 
the  offender  or  offenders  with  all  diligence  and  energy.  If  any  district  attorney 
shall  fail  to  comply  with  the  provisions  of  this  section  he  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars  in  the  discretion  of  the  court.  Action 
against  the  district  attorney  shall  be  brought  by  the  attorney-general  in  the 
name  of  the  people  of  the  state  on  the  relation  of  the  state  forester.  The  penal- 
ties of  this  section  shall  apply  to  any  magistrate,  with  proper  authority,  who 
refuses  or  neglects  to  cause  the  arrest  and  prosecution  of  any  person  or  pereons 
when  complaint,  under  oath,  of  violation  of  any  terms  of  this  act  has  been  lodged 
with  him. 

§  13.  Destruction  of  warning  notices. — Any  person  who  shall  destroy,  deface, 
remove  or  disfigure  any  sign,  poster  or  warning  notice  posted  under  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  punishable,  upon  convic- 
tion, by  a  fine  of  not  less  than  fifteen  dollars  nor  more  than  one  hundred  dollars, 
or  imprisonment  in  the  county  jail  for  a  period  of  not  less  than  ten  days  nor 
more  than  three  months,  or  both  such  fine  and  imprisonment. 

§  14.  Wilfully,  maliciously  and  negligently  setting  forest  fires. — Every  per- 
son, who  wilfully,  maliciously  or  negligently  sets  on  fire  or  causes  or  procures  to 
be  set  on  fire  any  woods,  brush,  prairies,  grass,  grain  or  stubble  on  any  lands  not 
his  own,  or  allows  the  fire  to  escape  from  his  own  land,  whereby  any  property  of 
another  is  injured  or  destroyed,  or  accidentally  sets  any  such  fire  or  allows  it  to 
escape  from  his  control  without  extinguishing  it  or  using  every  effort  to  extin- 
guish it,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  is  punishable  by 
a  fine  of  not  less  than  fifty  dollars,  nor  more  than  one  thousand  dollars,  or  impris- 
onment for  not  less  than  thirty  days  nor  more  than  one  year,  or  both  such  fine 
and  imprisonment.  Setting  such  fires  or  allowing  them  to  escape  shall  be  prima 
facie  proof  of  wilfulness,  malice  or  neglect  under  this  section,  provided,  that 
nothing  herein  contained  shall  apply  to  a  person  who,  in  good  faith,  sets  a  back- 
fire to  check  a  fire  already  burning. 

§  15.  Extinguishment  of  camp-fires. — Every  person  who,  upon  departing 
from  a  camp  or  camping-place,  leaves  fire  burning  or  unextinguished,  or  who 
after  building  such  fire  allows  it  to  spread,  shall  be  guilty  of  a  misdemeanor  and 
punishable  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  with  costs  of  suit  and  collection,  one  half  of  such  fine  or  such  a  portion 
thereof  as  shall  not  exceed  fifty  dollars,  to  be  paid  to  the  person  securing  the 
arrest  and  conviction  of  such  oft'ender,  and  if  the  defendant  refuses  or  neglects 
to  pay  the  fine  and  costs  imposed,  he  shall  be  confined  in  the  county  jail  of  the 
county  in  which  conviction  shall  be  had,  for  a  period  not  to  exceed  one  day  for 
every  two  dollars  of  the  fine  imposed,  or  may  be  subject  to  both  such  fine  and 
imprisonment. 

§  16.  Bestriction  of  use  of  fire  in  dry  season. — It  shall  be  unlawful  during 
what  is  locally  known  as  the  ''dry  season,"  this  to  be  considered  as  the  period 
between  May  fifteenth  and  the  first  soaking  rains  of  autumn  or  winter,  for  any 


486         STATE  BOARD  OF  FORESTRY — PROSECUTIONS — PENALTIES. 

person  or  persons  to  burn  brush,  stumps,  logs,  fallen  timber,  fallows,  grass  or 
forest-covered  land,  or  blast  wood  with  dynamite,  powder  or  other  explosives,  or 
set  off  fireworks  of  any  kind  in  forest  or  brush-covered  land,  either  their  own  or 
the  property  of  another,  without  written  permission  of  and  under  the  direction 
or  supervision  of  a  fire  warden  in  that  district ;  these  restrictions  not  to  apply 
to  the  ordinary  use  of  fire  or  blasts  in  logging  redwood,  nor  in  cases  where  back- 
fires are  set  in  good  faith  to  stop  an  existing  fire.  Violation  of  these  provisions 
shall  be  a  misdemeanor,  punishable,  upon  conviction,  by  a  fine  of  not  less  than 
fifty  dollars,  nor  more  than  one  thousand  dollars,  or  imprisonment  not  less  than 
thirty  days  nor  more  than  one  year,  or  both  such  fine  and  imprisonment. 

§  17.  Engines  in  forest  land. — Logging  locomotives,  donkey  or  threshing 
engines,  and  other  engines  and  boilers  operated  in,  through  or  near  forests,  brush- 
or  grass  land,  which  do  not  burn  oil  as  fuel,  shall  be  provided  with  appliances 
to  prevent  the  escape  of  fire  and  sparks  from  the  smokestacks  thereof,  and  with 
devices  to  prevent  the  escape  of  fire  from  ash-pans  and  fire-boxes.  Failure  to 
comply  with  these  requirements  shall  be  a  misdemeanor,  punishable,  upon  con- 
viction, by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  and  any  person  violating  any  provision  of  this  section  shall  be  liable 
to  a  penalty  of  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  for' 
every  such  violation,  or  imprisonment  for  not  less  than  thirty  days  nor  more 
than  three  months,  or  both  such  fine  and  imprisonment. 

§  18.  Civil  liability  for  forest  fires. — In  addition  to  the  penalties  provided 
in  sections  fourteen,  fifteen,  sixteen  and  seventeen  of  this  act,  the  United  States, 
state,  county,  or  private  owners,  whose  property  is  injured  or  destroyed  by  such 
fires,  may  recover,  in  a  civil  action,  double  the  amount  of  damages  suffered  if 
the  fires  occurred  through  wilfulness,  malice  or  negligence ;  but  if  such  fires  were 
caused  or  escaped  accidentally  or  unavoidably,  civil  action  shall  lie  only  for  the 
actual  damage  sustained  as  determined  by  the  value  of  the  property  injured  or 
destroyed,  and  the  detriment  to  the  land  and  vegetation  thereof.  The  presump- 
tion of  wilfulness,  malice  or  neglect  shall  be  overcome,  provided  that  the  pre- 
cautions set  forth  in  section  seventeen  are  observed  ;  or,  provided,  under  section 
sixteen,  fires  are  set  during  the  "dry  season"  with  written  permission  of  and 
under  the  direction  of  the  district  fire  warden.  Persons  or  corporations  causing 
fires  by  violations  of  sections  fourteen,  fifteen,  sixteen  and  seventeen  of  this  act 
shall  be  liable  to  the  state  or  county  in  action  for  debt,  to  the  full  amount  of  all 
expenses  incurred  by  the  state  or  county  in  fighting  such  fires. 

§  19.  Clearing  along  county  roads  and  land  after  lumheriiig. — Counties, 
along  the  county  roads,  in  forest  or  brush  land,  shall,  when  so  directed  by  the- 
state  forester,  and  in  a  manner  and  to  an  extent  prescribed  by  him,  cut  and 
remove  all  brush,  grass  and  inflammable  material  from  their  rights  of  way.  If 
such  clearing  is  not  done  within  a  reasonable  time  after  notice,  said  time  to  be 
fixed  by  the  state  forester,  the  state  forester  shall  have  it  done  and  the  county 
shall  be  liable  to  the  state  in  an  action  for  debt  to  the  amount  of  the  expense  thus 
incurred,  and  in  addition  thereto  for  the  expense  of  any  fire  patrol  rendered 
necessary  by  such  delay.  It  is  provided,  further,  that  all  lumber  companies,  cor- 
porations, or  individuals  shall,  when  so  instructed  by  the  state  board  of  forestry, 
and  at  a  time  and  in  a  manner  prescribed  by  said  board,  carefully  burn  their 


FRANCHISES— GRANTING    BY    SUPERVISORS,    VOID    WHEN.  487 

•slashings,  by  which  is  meant  the  tops,  limbs,  and  general  del)ris  left  after  lum- 
bering. 

§  20.  Disposah  of  moneys  received  as  j)cnaUics. — All  moneys  received  as  pen- 
alties for  violations  of  the  provisions  of  this  act,  less  the  cost  of  collection,  and 
not  otherwise  provided  for,  shall  be  paid  into  the  state  treasury  to  the  credit  of 
the  forestry  fund,  which  fund  is  hereby  created,  and  the  moneys  therein  are 
hereby  appropriated  for  purposes  of  forest  protection,  management  and  replace- 
ment under  direction  of  the  state  board  of  forestry. 

§  21:  Moneys  for  forest  purposes. — County  boards  of  supervisors  may  appro- 
priate money  for  purposes  of  forest  protection,  improvement  and  management. 

§  22.  Payment  of  expenses  under  tliis  act. — There  is  hereby  appropriated  for 
the  fifty-seventh  and  fifty-eighth  fiscal  years,  the  sum  of  seventeen  thousand  six 
hundred  dollars  ($17,600.00)  for  carrying  out  the  provisions  of  this  act,  and 
for  the  payment  of  all  salaries  and  expenses  herein  provided  for. 

§  23.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
liereby  repealed. 

As  to  FIRES,  see  tit.  Fire,  ante.  appropriated.      By   Act    of    1S93    (Stats.    229. 

A    STATE    BOARD    OF    FORESTRY    was  ch.  CLXXXVII)   tliose  acts  are  repealed  and 

created    by   Act    of    1885    (Stats,    p.    10).      By  tlie   property   accumulated   was    turned   over 

Act    of    1887    (Stats,    p.    46)    the    members    of  to   the  agricultural   department   of   the   Unl- 

the  board  and  assistants  were  given  powers  versify  of  California.     See  post,  tit.   Unlver- 

ot  peace    officers,   and   certain   moneys   were  sity. 

FORT  JONES— TOWN  OF. 

See  tit.  Municipal  Corporations. 

FORT  ROSS. 

See  tit.  Historic  Property. 

FRANCHISES— BY  SUPERVISORS. 

To  limit  the  time  [relative  to  elections]  within  which  franchises  or  privileges 
for  the  construction,  extension,  or  operation  of  street  railroads  may  be 
granted  by  boards  of  supervisors  of  the  several  counties,  and  cities  and 
counties,  of  this  state. 

(Stats.  1893,  29,  ch.  XVII.) 

§  1.  It  shall  be  unlawful  for  the  board  of  supervisors  of  any  county  or  city 
.and  county,  within  the  ninety  days  next  preceding  the  date  of  holding  a  general 
election,  and  within  the  seventy  days  next  immediately  following,  including  the 
day  of  holding  such  general  election,  to  authorize  or  pass  any  ordinance,  order, 
or  resolution  granting  to  any  person  or  persons,  or  a.ssoeiation  of  persons,  or 
corporation  whatsoever,  any  privilege  or  franchise  for  the  construction,  exten- 
sion, or  operation  of  any  street  railroad,  or  extension  of  time  for  the  construction 
or  operation  of  any  street  railroad,  over  or  upon  any  or  part  of  any  street,  road, 
highways,  squares,  or  park  within  the  county  or  city  and  county. 

§  2.  Any  franchise  or  privilege  granted,  or  attempted  to  be  granted,  in  viola- 
tion of,  or  contrary  to,  the  provisions  of  this  act  shall  be  absolutely  void  and 
of  no  effect. 


488  FRANCHISES— COUNTY    AND    MUNICIPAL— SALE     OP. 

§  3,     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Except    as    to    county    boards    of    super-  LXXXII,    although    the    limit    of    time    pre- 

visors,  it  may  be  questioned  if  the  foregoing  scribed    by    this    act    is    not    necessarily    in 

is    not    superseded    by    Stats.    1897,    135,    ch.  conflict  with  the  later  acts,  which  make  no 

CVII;    1901,    265,    ch.    GUI,    and    1903,    90,    ch.  mention  of  a  period  of  time. 

FRANCHISES— COUNTY  AND  MUNICIPAL. 

Providing  for  the  sale  of  street  railroad  and  other  franchises  in  counties  and 
municipalities,  and  providing  conditions  for  the  granting  of  such  franchises 
by  legislative  or  other  governing  bodies,  and  repealing  conflicting  acts. 

(Stats.  1905,  777,  ch.  DLXXVIII.) 

§  1.  Every  franchise  or  privilege  to  erect  or  lay  telegraph  or  telephone  wires, 
to  construct  or  operate  street  or  interurban  railroads  upon  any  public  street  or 
highway,  to  lay  gas  pipes  for  the  purpose  of  carrying  gas  for  heat  and  power,  to 
erect  poles  or  wires  for  transmitting  electric  heat  and  power  along  or  upon  any 
public  street  or  highway,  or  to  exercise  any  other  privilege  whatever  hereafter 
proposed  to  be  granted  by  boards  of  supervisors,  boards  of  trustees,  or  common 
councils,  or  other  governing  or  legislative  bodies  of  any  county,  city  and  county^ 
city  or  town  within  this  state,  except  steam  railroads  and  except  telegraph  or 
telephone  lines  doing  an  interstate  business,  and  renewals  of  franchises  for  piers, 
chutes  or  wharves,  shall  be  granted  upon  the  conditions  in  this  act  provided,  and 
not  otherwise. 

§  2.  An  applicant  for  any  franchise  cr  privilege  above  mentioned  shall  file 
with  the  governing  or  legislative  body  of  the  county  or  municipality  an  applica- 
tion, and  thereupon  said  governing  body  shall,  in  its  discretion,  advertise  the  fact 
of  said  application,  together  with  a  statement  that  it  is  proposed  to  grant  the 
same,  in  one  or  more  newspapers  of  the  county,  city  and  county,  city  or  town 
wherein  the  said  franchise  or  privilege  is  to  be  exercised.  Said  advertisement 
must  state  that  bids  will  be  received  for  such  franchise,  and  that  it  will  be 
awarded  to  the  highest  bidder,  and  the  same  must  be  published  in  such  newspaper 
once  a  day  for  ten  successive  days,  if  it  be  a  daily  newspaper,  and  if  there  be  no 
daily  newspaper  published  in  such  county,  city  and  county,  city  or  town,  then  it 
shall  be  published  in  a  weekly  newspaper  once  a  week  for  four  successive  weeks, 
and  in  either  case  the  full  publication  must  be  completed  not  less  than  twenty 
nor  more  than  thirty  days  before  any  further  action  can  be  taken  thereon. 

§  3.  The  publication  must  state  the  character  of  the  franchise  or  privilege 
proposed  to  be  granted,  the  term  for  which  it  is  granted,  and,  if  it  be  a  street 
railroad,  the  route  to  be  traversed ;  that  sealed  bids  therefor  will  be  received  up 
to  a  certain  hour  and  day  named  therein,  and  that  the  successful  bidder  and  his 
assigns  must,  during  the  life  of  said  franchise,  pay  to  the  county  or  municipality 
two  per  centum  (2%)  of  the  gross  annual  receipts  of  the  person,  partnership  or 
corporation  to  whom  the  franchise  is  awarded,  arising  from  its  use,  operation  or 
possession.  No  percentage  shall  be  paid  for  the  first  five  (5)  years  succeeding 
the  date  of  the  franchise,  but  thereafter  such  percentage  shall  be  payable  annu- 
ally ;  and  in  the  event  said  payment  is  not  made,  said  franchise  shall  be  forfeited ; 
provided  further,  that  if  the  franchise  be  a  renewal  of  a  right  already  in  exist- 
ence, the  payment  of  said  percentage  of  gross  receipts  shall  begin  at  once. 


FRANCHISES — COUNTY    AND    MUNICIPAL— SALE     OF.  480 

§  4.  In  case  the  franchise  granted  shall  be  an  extension  of  an  existing  system 
of  street  railroad,  then  the  gross  receipts  shall  be  estimated  to  be  one  half  of 
the  proportion  of  the  total  gross  receipts  of  said  system  which  the  mileage  of  such 
extension  bears  to  the  total  mileage  of  the  whole  system,  and  said  estimate  shall 
be  conclusive  as  to  the  amount  of  the  gross  receipts  of  said  extension. 

§  5.  Said  advertisement  shall  also  contain  a  statement  that  the  said  franchise 
will  be  struck  off,  sold  and  awarded  to  the  person,  firm  or  corporation  who  shall 
make  the  highest  cash  bid  therefor;  provided,  only,  that  at  the  time  of  the  open- 
ing of  said  bids  any  responsible  person,  firm  or  corporation  present  or  repre- 
sented may  bid  for  said  franchise  or  privilege  a  sum  not  less  than  ten  per  centum 
above  the  highest  sealed  bid  therefor,  and  said  bid  so  made  may  be  raised  not 
less  than  ten  per  centum  by  any  other  responsible  bidder,  and  said  bidding  may 
so  continue  until  finally  said  franchise  shall  be  struck  oft',  sold,  and  awarded  by 
said  governing  body  to  the  highest  bidder  therefor  in  gold  coin  of  the  United 
States.  Each  sealed  bid  shall  be  accompanied  with  cash  or  a  certified  check,  pay- 
able to  the  treasurer  of  such  county  or  municipality,  for  the  full  amount  of  said 
bid,  and  no  sealed  bid  shall  be  considered  unless  said  cash  or  check  is  inclosed 
therewith  and  the  successful  bidder  shall  deposit,  at  least  ten  per  centum  of  the 
amount  of  his  bid  with  the  clerk  of  such  county  or  municipality  before  the  fran- 
chise shall  be  struck  oft'  to  him.  And  if  he  shall  fail  to  make  such  deposit 
immediately,  then  and  in  that  case,  his  bid  shall  not  be  received,  and  shall  be 
considered  as  void,  and  the  said  franchise  shall  then  and  there  be  again  oft'ered 
for  sale  to  the  bidder  who  shall  make  the  highest  cash  bid  therefor,  subject  to  the 
same  conditions  as  to  deposit,  as  above  mentioned.  Said  procedure  shall  be  had 
until  said  franchise  is  struck  off,  sold,  and  awarded  to  a  bidder  who  shall  make 
the  necessary  deposit  of  at  least  ten  per  centum  of  the  amount  of  his  bid  there- 
for, as  herein  provided.  Said  successful  bidder  shall  deposit  with  the  clerk  of 
such  county  or  municipality,  within  twenty-four  hours  of  the  acceptance  of  his 
bid,  the  remaining  ninety  per  centum  of  the  amount  thereof,  and  in  case  he  or  it 
shall  fail  to  do  so,  then  the  said  deposit  theretofore  made,  shall  be  forfeited,  and 
the  said  award  of  said  franchise  shall  be  void,  and  the  said  franchise  shall  then 
and  there,  by  said  governing  body,  be  again  offered  for  sale  to  the  highest  bidder 
therefor,  in  the  same  manner,  and  under  the  same  restriction  as  hereinbefore 
provided,  and  in  case  said  bidder  shall  fail  to  deposit  with  the  clerk  of  such 
county  or  municipality,  the  remaining  ninety  per  centum  of  his  bid,  within 
twenty-four  hours  after  its  acceptance,  the  award  to  him  of  said  franchise  shall 
be  set  aside,  and  the  deposit  theretofore  made  by  him  shall  be  forfeited,  and  no 
further  proceedings  for  a  sale  of  said  franchise  shall  be  had  unless  the  same 
shall  be  readvertised  and  again  offered  for  sale,  in  the  manner  hereinbefore 
provided. 

§  6.  Work  to  erect  or  lay  telegraph  or  telephone  wires,  to  construct  street  rail- 
roads, to  lay  gas  pipes  for  the  purpose  of  carrying  gas  for  heat  and  power,  to 
erect  poles  or  wires  for  transmitting  electric  heat  or  power,  along  or  upon  any 
public  street  or  highway,  or  to  exercise  any  privilege  w^hatever,  a  franchise  for 
which  shall  have  been  granted  in  accordance  with  the  terms  of  this  act,  shall  be 
commenced  in  good  faith  within  not  more  than  four  months  from  the  granting  of 
any  such  franchise,  and  if  not  so  commenced  within  said  time  said  franchise  so 
granted  shall  be  declared  forfeited,  and  shall  be  completed  within  not  more  than 


400  FRANCHISES— COUNTY    AMD    MUMCIPAL, — SALE     OF. 

three  years  thereafter,  and  if  not  so  completed  within  said  time  said  franchise  so 
granted  shall  be  forfeited ;  provided,  that  for  good  cause  shown  the  governing  or 
legislative  body  may  by  resolution  extend  the  time  for  completion  thereof,  not 
exceeding  three  months. 

§  7.  The  successful  bidder  for  any  franchise  or  privilege  struck  off,  sold,  and 
awarded  under  this  act  shall  file  a  bond  running  to  said  county,  city  and  county,, 
or  city  or  town,  with,  at  least,  two  good  and  sufficient  sureties,  to  be  approved 
by  such  governing  body,  in  a  penal  sum  by  it  to  be  prescribed,  and  set  forth  in 
the  advertisement  for  bids,  conditioned  that  such  bidder  shall  well  and  truly 
observe,  fulfil  and  perform  each  and  every  term  and  condition  of  such  franchise, 
and  that  in  case  of  any  breach  of  condition  of  such  bond,  the  whole  amount  of 
the  penal  sum  therein  named  shall  be  taken  and  deemed  to  be  liquidated  dam- 
ages, and  shall  be  recoverable  from  the  principal  and  sureties  upon  said  bond. 
Said  bond  shall  be  filed  with  such  governing  body  within  five  days  after  such 
franchise  is  awarded,  and  upon  the  filing  and  approval  of  such  bond,  the  said 
franchise  shall,  by  said  governing  or  legislative  body,  be  granted  by  ordinance 
to  the  person,  firm  or  corporation  to  whom  it  has  been  struck  off,  sold,  or 
awarded,  and  in  case  that  said  bond  shall  not  be  so  filed,  the  award  of  such  fran- 
chise shall  be  set  aside,  and  any  money  paid  therefor  shall  be  forfeited,  and  said 
franchise  shall,  in  the  discretion  of  said  governing  or  legislative  body,  be  read- 
vertised,  and  again  offered  for  sale  in  the  same  manner,  and  under  the  same 
restrictions,  as  hereinbefore  provided. 

§  8.  It  shall  be  the  duty  of  the  attorney-general,  upon  the  complaint  of  any 
county  or  municipality,  or,  in  his  discretion,  upon  the  complaint  of  any  taxpayer, 
to  sue  for  the  forfeiture  of  any  franchise  granted  under  the  terms  of  this  act, 
for  the  non-compliance  with  any  condition  thereof. 

§  9.  No  clause  or  condition  of  any  kind  shall  be  inserted  in  any  franchise  or 
grant  offered  or  sold  under  the  terms  of  this  act,  which  shall  directly  or  indi- 
rectly restrict  free  and  open  competition  in  bidding  therefor,  and  no  clause  or 
provision  shall  be  inserted  in  any  franchise  offered  for  sale,  Avhich  shall  in  any 
wise  favor  one  person,  firm  or  corporation,  as  against  another,  in  bidding  for 
the  purchase  thereof. 

§  10.  Any  member  of  any  common  council  or  other  governing  or  legislative 
body  of  any  county,  city  and  county,  city  or  town  of  this  state,  who,  by  his  vote, 
violates  or  attempts  to  violate  the  provisions  of  this  act,  or  any  of  them,  shall  be 
guilty  of  a  misdemeanor,  and  may  be  punished  therefor,  as  provided  by  law,  and 
may  be  deprived  of  his  office  by  the  decree  of  a  court  of  compet<*nt  jurisdiction, 
after  trial  and  conviction. 

§  11.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed ;  pro- 
vided, however,  that  nothing  herein  contained  shall  be  construed  as  repealing, 
or  amending  the  following  acts,  to  wit:  "An  act  relating  to  the  granting  by  the 
counties  and  municipalities  of  franchise  for  the  construction  of  paths  and  roads 
for  the  use  of  bicycles  and  other  horseless  vehicles,"  approved  March  twenty- 
seventh,  eighteen  hundred  and  ninety-seven;  "An  act  to  authorize  cities  and 
towns  to  grant  franchises  for  the  construction  and  maintenance  of  railroads 
beyond  the  limits  of  such  cities  or  towns  leading  to  public  parks  owned  thereby," 


FRANCHISES— ROADS     BEYOND     CITY.  401 

"being  chapter  forty  of  the  laws  of  eighteen  hundred  and  ninety-seven  of  the 
state  of  California. 

[§12.]     This  act  shall  take  effect  innnediately. 

It    is    assumed    that    §  11    of    this    statute  1043;    Horton    vs.    City   of    Los    Angeles,    119 

repeals     Stats.      1901,      265,     ch.     GUI,     and  Cal.    602,    51    Pac.    Rep.    956;    People    ex    rel. 

amendatory     Stats.     1903,     90,     ch.     LXXXII.  Dean  vs.  Board  of  Supervisors,  122  Cal.  421, 

Stats.    1901,    265,    repealed    Stats.    1S93,    2S8,  422,  55  Pac.  Rep.   131;  Railroad  Comm'rs  vs. 

as  amended  by   Stats.    1S97,   176.  Market  St.   R.   Co.,  132  Cal.   677,  680,  64   Pac. 

Under  the  earlier  statutes,  see   People   ex  Rep.    1065;    Pool    vs.    Simmons,    134    Cal.    621, 

rel.   San   Francisco  &   S.   J.   R.   Co.   vs.   Cray-  622,  66  Pac.  Rep.  872. 

.croft,    111    Cal.    544,    546,    44    Pac.    Rep.    463;  Another   statute    (1807,   135,  ch.  CVII)    up- 

Thompson  vs.  Board  of  Supervisors,  111  Cal.  on  this  subject  was  held  unconstitutional  in 

553,   555,  44  Pac.   Rep.   230;  Russ  &  Sons  Co.  Pereria    vs.    Wallace,    129    Cal.    397,    62    Pac. 

vs.  Crichton,  117   Cal.   695,   700,   49   Pac.   Rep.  Rep.  61. 

FRANCHISES— BICYCLES,    ETC. 

"Relating  to  the  granting  by  counties  and  municipalities  of  franchises  for  the 
construction  of  paths  and  roads  for  the  use  of  bicycles  and  other  horseless 
vehicles. 

(Stats.  1897,  191,  ch.  CXXX.) 

This    statute    has    been    brought    into    the  FOR  ROADS  BEYOND   CITY  I.IMITS,  see 

■Civil  Code  by  Stats.  1905,  578,  ch.  CDXXVII.       next  following  statute,  and  see  tits.  County 
See  KERR'S   CYC.   CIV.   CODE,   §  524.  Government;  DIuniclpal  Corporations. 

FRANCHISES— ROADS  BEYOND  CITY. 

To  authorize  cities  and  towns  to  grant  franchises  for  the  construction  and 
maintenance  of  railroads  beyonds  the  limits  of  such  cities  or  towns  leading 
to  public  parks  owned  thereby. 

(Stats.  1897,  46,  ch.  L.) 

§  1.  It  shall  be  lawful  for  the  council,  trustees,  or  other  governing  body  of 
any  city  or  town  owning  public  parks  situated  outside  of  said  city  or  town,  to 
grant  franchises  for  the  building  and  operation  of  railroads  from  any  point  in, 
or  at  the  exterior  boundary  of  such  city  or  town,  to,  in,  or  through  such  park, 
in  the  same  manner  and  to  the  same  extent  as  it  now  has  power  to  grant  the 
same  for  street  railroads  within  the  limits'  of  such  city  or  town;  provided, 
that  in  addition  to  all  other  conditions,  it  shall  be  made  a  condition  of  such 
franchise  that  the  fare  of  passengers  on  such  road  or  roads  shall  never  exceed 
five  cents  for  a  single  trip. 

§  2.  All  railroads,  except  as  otherwise  provided  in  this  act,  authorized  by 
this  act  to  be  so  chartered  shall  be  governed  by  the  provisions  of  part  four, 
title  four,  of  the  Civil  Code  of  California,  concerning  street  railroads  and  cor- 
porations, so  far  as  the  same  shall  be  applicable  thereto,  and  of  all  acts  amenda- 
tor-y  thereof.  Also  by  the  provisions  of  "An  act  providing  for  the  sale  of 
railroad  and  other  franchises  in  municipalities  and  relative  to  the  granting  of 
franchises,"  approved  March  twenty-third,  eighteen  hundred  and  ninety-three. 

§  3.     This  act  shall  take  effect  immediately. 

FREEHOLDER  CHARTERS. 
See  tit.  Municipal  Corporations. 


48a  FRESNO     COrXTY— ADDITIONAL,     JUDGES. 

FREEHOLDER   ELECTIONS. 

See  tit.  Municipal  Corporations. 

FRESNO— CITY  OF. 

See  tit.  Municipal  Corporations. 

FRESNO  COUNTY— JUDGES. 

To  facilitate  the  disposition  of  business  in  the  superior  court  of  Fresno 
County  by  the  appointment  and  election  of  a  third  judge  of  said  court. 

(Stats.  1893,  125,  ch.  CIX.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Fresno  is 
hereby  increased  from  two  to  three,  suoject  to  the  right  of  the  legislature  to 
repeal  this  act,  as  hereinafter  provided. 

§  2.  Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Fresno,  state  of 
California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  A.  D.  eighteen  hundred  and  ninetj'-five.  At  the  next  general  election 
a  judge  of  the  superior  court  of  said  county  of  Fresno  shall  be  elected  in 
said  county  to  succeed  the  judge  so  appointed,  and  the  judge  so  elected  shall 
hold  such  office  for  the  term  prescribed  by  the  constitution  and  by  law,  subject 
to  the  right  of  the  legislature  of  said  state,  hereby  reserved,  to  abolish  the  office 
of  said  third  judge  whenever,  in  the  judgment  of  said  legislature,  the  public 
interest  no  longer  requires  it. 

§  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and 
shall  be  paid  at  the  same  time  and  in  the  same  manner,  as  the  salary  of  the 
other  judges  of  said  court  in  said  county,  as  now  authorized  by  law, 

§  4,     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  next  foUowing  statute. 

FRESNO  COUNTY— JUDGES. 

To  increase  the  nuKiber  of  judges  of  the  superior  court  of  the  county  of 
Fresno,  state  of  California,  and  for  the  appointment  of  an  additional 
judge. 

(Stats.  1887,  57,  ch.  XL VIII.) 

§  1.  The  number  of  the  judges  of  the  superior  court  of  the  county  of 
Fresno,  state  of  California,  is  hereby  increased  from  one  to  two. 

§  2.  "Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Fresno,  state  of 
California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  A.  D.  eighteen  hundred  and  eighty-nine.  At  the  next  general  elec- 
tion, one  judge  of  the  superior  court  of  said  county  shall  be  elected  in  said 
county,  who  shall  be  the  successor  of  the  judge  appointed  hereunder,  to  hold 
office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3.     The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and 


FRESNO    COUJVTY,    REDUCTION    OF    JUDGES — FRUIT.  483 

paid  at  the  same  time  and  in  the  same  manner,  as  the  salary  of  the  other  judge 
of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  next  following  statute  and  note. 

FRESNO  COUNTY— REDUCTION  OF  JUDGES. 

To  reduce  the  number  of  judges  of  the  superior  court  of  the  county  of  Fresno 

from  three  to  two. 
(Stats.  1895,  156,  ch.  CXLVIII.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Fresno  is 
hereby  reduced  from  three  to  two, 

§  2.  This  act  shall  take  effect  at  the  expiration  of  the  term  of  the  judge  of 
said  court  whose  term  first  expires,  and  in  ease  a  vacancy  occur  in  any  term 
prior  to  the  first  Monday  after  the  first  day  of  January,  eighteen  hundred  and 
ninety-seven,  this  act  shall  take  effect  immediately. 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

Church  vs.  Colgan,  117  Cal.  685,  686,  50  for  this  county  by  Stats.  1893,  125,  ch.  CIX, 
Pac.   Rep.   12.  ante,    and    by    Stats.    18S7,    57,    ch.    XLVIII, 

<Aie  additional  judge   had   been   appointed       ante. 

FRESNO  COUNTY. 

See  tit.  Boundaries. 

FRUIT— MARKS  AND  BRANDS. 

An  act  to  provide  for  the  marking,  branding,  or  labeling  of  boxes,  barrels,  or 
packages  containing  fruits,  fresh  or  dried,  and  fixing  a  penalty  for  the  vio- 
lation thereof,  and  for  the  appointment  of  inspectors  under  its  provisions. 
(Stats.  1903,  338,  ch.  CCLI.) 

§  1.  All  fruit  green  or  dried,  contained  in  boxes,  barrels,  or  packages, 
which  shall  hereafter  be  shipped  or  oft'ered  for  shipment  in  this  state  by  any 
person,  firm,  or  corporation,  shall  have  stamped,  branded,  stenciled,  or  labeled 
in  a  conspicuous  place  on  the  outside  of  every  such  box,  barrel,  or  package, 
in  clearly  legible  letters  at  least  one  quarter  of  an  inch  in  height,  a  statement 
truly  and  correctly  designating  the  county  and  immediate  locality  in  which 
such  fruit  was  grown. 

§  2.  Any  person,  firm,  or  corporation  violating  any  of  the  provisions  or 
requirements  of  section  one  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  in  any  sum  not  less  than  two  hundred  dollars, 
nor  more  than  five  hundred  dollars. 

§  3.  The  governor  of  the  state  of  California,  after  the  passage  of  this  act, 
shall  appoint  such  inspectors  as  may  be  necessary  to  accomplish  the  purpose 
of  this  act,  to  serve  without  compensation,  who  are  hereby  vested  with  full 
authority  to  enter  any  car  or  depot  containing  fruit  for  shipment;  or  any 
warehouse,  packing-house,  store-room,  or  other  place  or  places  where  any  fruit 
is   kept,   packed    or   prepared   for   shipment,   to   inspect   the    same,    or    any 


494  FRUIT — MARKET,    ETC. — PESTS— GAS     COMPANIES. 

part  thereof.  Such  inspectors  are  also  vested  with  full  authority  to  examine 
such  books  of  any  person,  firm,  or  corporation  engaged  in  packing  or  shipping 
fruit  as  may  be  necessary  to  accomplish  the  purposes  of  this  act. 

§  4.     This  act  shall  take  effect  immediately  on  and  after  its  passage. 

See  tits.   Labels;   Produce  and   Manufactured  Goods. 

FRUIT  AND  FRUIT  PESTS. 

See  tits.  Horticulture;  Viticulture. 

FUNDED   DEBT   OF   STATE. 

See  tits.  State  Debt ;  State  Funds ;  State  Loan  Commissioners. 

FUNDS— COUNTY,  TRANSFER  OF. 

The  authority  contained  in  Stats.  1880,  .subd.  18,  S  25,  County  Government  Act. 
133,  eh.  CXX,  for  transfer  of  money  from  See  decisions  ante  under  that  statute 
one   fund   to   another   has   been   carried    into        (1897). 

FUNDS— STATE. 

See  tits.  State  Funds;  Swamp-Land  Fund. 

GAME  LAWS. 
See  tit.  Fish  and  Game. 

GAS  COMPANIES. 

Concerning  gas  companies. 
(Stats.  1869-70,  815,  ch.  DXLVII.) 

§  1.  From  and  after  the  passage  of  this  act,  it  shall  be  lawful  for  the  cor- 
porate authorities  of  every  city  and  town  in  this  state,  and  for  the  supervisors 
of  the  city  and  county  of  San  Francisco,  to  grant  to  any  gas  company  the 
privilege  of  laying  down  pipes  in  the  streets  or  alleys  of  such  towns  and  cities, 
including  San  Francisco,  as  aforesaid,  and  supplying  gas  for  the  lighting  of 
the  streets  and  buildings  thereon;  such  privilege  to  continue  for  a  term  not 
exceeding  twenty-five  years. 

§  2.  Every  such  license  or  privilege  shall  be  upon  condition  that  the  au- 
thorities shall  have  the  right  at  any  time  to  allow  similar  privileges  to  other 
companies;  and  upon  the  further  condition,  that  the  laying  down  of  such 
pipes  shall  be  subject  to  the  reasonable  direction  of  said  authorities,  and  shall 
do  as  little  injury  as  possible  to  the  paving,  planking  or  macadamizing  of  the 
streets  and  alleys  aforesaid;  and  that  whenever  the  paving,  planking  or 
macadamizing  of  such  streets  or  alleys  is  displaced  for  the  purpose  of  laying 
down  pipes  or  removing  the  same,  or  making  connections  therewith  or  repairs 
thereto,  such  paving,  planking  or  macadamizing  shall  be  replaced  in  as  good 
order  as  practicable  by  such  company. 

§  3.  The  authorities  of  every  such  town  or  city,  including  San  Francisco  as 
aforesaid,  may  contract  with  any  gas  company  for  lighting  the  streets  thereof; 
but  no  such  contract  shall  be  made  at  a  fixed  rate  for  a  longer  term  than  five 
years,  nor  at  a  variable  or  other  rate  for  a  longer  term  than  ten  years;  nor  shall 


GAS     CONSUMERS— GIFTS     TO    MUNICIPALITIES.  405 

any  such  contract  be  made  at  a  higher  rate  than  that  now  paid  in  the  city  of 
San  Francisco. 

§  4.  In  addition  to  the  foregoing  provisions,  the  authorities  of  such  towns 
and  cities  shall  affix  to  every  license  or  contract  such  conditions  as  will  be  for 
the  benefit  of  the  public,  and  may  secure  their  enforcement  by  any  orders  or 
ordinances  which  they  may  deem  necessary.  They  may,  also,  control  the  loca- 
tion and  construction  of  the  works  so  that  they  may  be  erected  in  suitable 
localities  to  give  the  least  discomfort  or  annoyance  to  the  public. 

§  5.     This  act  shall  take  effect  immediately. 

The  foregoing  statute  is  treated  as  in  force. — See  Dobbins  vs.  City  of  Los  Angeles,  139 
Cal.  179-183,  96  Am.  St.  Rep.  95,  72  Pac.  Rep.  970. 

GAS— CONSUMERS  OP. 

To  regulate  the  use  of  illuminating  gas. 
(Stats.  1903,  289,  ch.  CCXXXVI.) 

§  1.  Every  hotelkeeper,  lodging-house  keeper,  and  innkeeper,  or  keeper  of 
any  place  where  rooms  are  let  to  lodgers  in  which,  or  any  of  which  such 
places  illuminating  gas  is  used,  who  shall  turn  oft*,  or  cause  to  be  turned  off 
at  the  meter  the  flow  of  such  illuminating  gas,  during  the  time  of  the  use  of  any 
such  room  or  rooms,  shall  be  guilty  of  a  misdemeanor ;  provided,  however,  that 
this  act  shall  not  apply  to  any  of  the  persons  herein  enumerated,  when  such 
person  or  persons  shall  have  connected  every  exit  orifice  upon  the  gas  fixtures 
used  in  such  place  or  places  with  a  practical  and  safe  automatic  gas  igniter. 

§  2.  This  act  shall  take  eft'ect  and  be  in  force  immediately  from  and  after 
its  passage. 

TO     REGULATE     THE     QUALITY     AND  Francisco  Charter,  ch.  2,  art.  1;  Los  Angeles 

PRICE    IN    CITIES    having   a   population    of  Charter,    §  31,   art.    Ill;    both    charters    being 

100,000  or  more.  Stats.  1877-8,  167,  ch.  CXXX.  more    recent    than    the    above-cited    statute. 

The  cities  of  this   state  having  a  popula-  But  see  San  Francisco  Gas  L.  Co.   vs.  Dunn, 

tion   of   100,000   or   more   have   charters   con-  62  Cal.  581,  591;  Ames  vs.  San  Francisco,  76 

ferring     power*     upon     this     subject.  —  San  Cal.  325,  326.  18  Pac.  Rep.  397. 

GAS  PIPES. 

See  tits.  Franchises;  Municipal  Corporations. 

GEOLOGICAL  SURVEY. 

See  tit.  State  Geological  Survey. 

GIFTS,  BEQUESTS,  ETC.— TO  MUNICIPALITIES. 

To  authorize  the  several  counties,  cities  and  counties,  cities,  and  towns  of  this 
state,  and  the  officers  and  boards  of  officers  thereof,  to  receive  property 
by  gift,  bequest,  and  devise,  and  to  hold,  manage,  and  dispose  of  such 
•    property,  and  the  income  and  increase  thereof. 

(Stats.  1881,  2,  ch.  III.) 
§  1,     The  boards  of  common  council,  supervisors,  trustees,  houses  of  legisla- 
tion, or  other  legislative  bodies  of  the  several  counties,  cities  and  counties, 
cities,  and  towns  of  this  state,  are  hereby  authorized  to  accept  or  reject,  as 
they  may  deem  advisable,  any  gift,  bequest,  or  devise  heretofore  or  that  may 


4»8  GIFTS    TO    STATE — FOR    PUBLIC    USE. 

be  hereafter  made  to  or  in  favor  of  the  counties,  cities  and  counties,  cities,  or 
towns  represented  by  them  respectively,  or  to  or  in  favor  of  any  of  the  officers 
or  boards  of  officers  thereof,  in  their  official  capacity,  or  to  or  in  their  favor  in 
trust  for  any  lawful  public  purpose. 

§  2.  The  several  counties,  cities  and  counties,  cities,  and  towns  of  this 
state,  and  the  several  officers  and  boards  of  officers  thereof,  in  their  official 
capacity,  are  hereby  authorized  to  receive  property  by  gift,  bequest,  and  devise, 
and  to  hold  and  dispose  of  the  same,  and  the  income  and  increase  thereof,  to 
and  for  such  lawful  uses  and  purposes  as  have  been  or  may  hereafter  be  pre- 
scribed in  the  terms  of  such  gift,  bequest,  or  devise.  In  the  event  of  any  such 
gift,  bequest,  or  devise  having  been,  or  being  hereafter  made,  unaccompanied 
by  any  provision  prescribing  or  limiting  the  uses  or  purposes  to  which  the 
property  received  thereunder,  or  the  income  or  increase  thereof  shall  be  put, 
such  uses  and  purposes  may  be  prescribed  and  regulated  by  the  common 
council,  board  of  supervisors,  board  of  trustees,  houses  of  legislation,  or  other 
legislative  body  of  the  proper  county,  city  and  county,  city,  or  town.  Such 
legislative  bodies  may  make  such  regulations  concerning  the  mode  and  man- 
ner of  carrying  into  effect  the  purposes  as  aforesaid,  and  devoting  the  property 
so  received,  and  the  income  and  increase  thereof,  to  the  uses  aforesaid,  in  their 
respective  counties,  cities  and  counties,  cities,  and  towns,  as  may  be  necessary. 

See    KERR'S    CYC.    CIV.   CODE,    §  1275,    as    amended   1903,   and   note. 
Gifts  to  the  state. — See  next  following  siatute. 

GIFTS— TO  PUBLIC  USE. 

To  provide  for  the  receipt  and  appropriation  of  donations  to  the  state,  or 
counties,  or  cities  and  counties,  or  cities  or  towns  therein. 

(Stats.  1880,  20,  ch.  XXVII.) 

§  1.  Whenever  any  individual  or  corporation  shall  donate  to  the  state,  or 
to  either  of  the  counties,  or  cities  and  counties,  or  cities  or  towns,  of  this 
state,  any  money,  the  state  treasurer,  and  the  treasurer  of  such  county,  city  and 
county,  or  city  or  town,  is  hereby  authorized  to  receive  the  same;  and,  in 
case  the  individual  or  corporation  making  the  same  shall  designate,  at  the 
time  of  making  such  donation,  in  writing,  the  fund  he  desires  to  benefit  thereby, 
the  said  donation  shall  be  appropriated  accordingly ;  but  in  case  no  such  desig- 
nation be  made,  then  all  such  donations  shall  be  paid  into  the  common  school 
fund. 

§  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

See  next  preceding  statute. 

GILROY. 

See  Municipal  Corporations. 

GLENN  COUNTY— CREATING. 

To  create  the  county  of  Glenn,  to  establish  the  boundaries  thereof,  and  to 

provide  for  its  organization. 

(Stats.  1891,  98,  ch.  XCIV.) 


GLENN     COUNTY — CREATION     OF.  407 

§  1.  There  may  be  formed  out  of  the  northern  part  of  Colusa  County,  a 
new  county,  to  be  called  Glenn,  in  the  manner  and  subject  to  the  conditions 
herein  named. 

§  2.  The  boundaries  of  said  county  shall  be  as  follows :  Beginning  at  a 
point  on  the  boundary  line  betAveeu  the  counties  of  Colusa  and  Lake,  as  now 
established  by  law,  at  the  northwest  corner  of  the  southwest  quarter  of  section 
thirty,  township  eighteen  north,  range  eight  west,  iMount  Diablo  base  and 
meridian;  running  thence  east  along  the  half -section  line,  and  one  and  one  half 
miles  north  of  the  line  dividing  townships  seventeen  and  eighteen  north,  of 
Mount  Diablo  base  and  meridian,  to  Butte  Creek,  the  boundary  line  between 
Colusa  and  Butte  counties;  thence  northerly  along  said  Butte  Creek,  with 
said  county  line,  to  a  point  where  the  north  line  of  township  nineteen  north 
intersects  said  Butte  Creek ;  thence  westerly  along  the  boundary  line  between 
the  counties  of  Butte  and  Colusa  as  now  established  by  law,  to  the  center  of 
the  Sacramento  River;  thence  northerly,  and  following  the  meanderings  there- 
of, along  the  center  of  said  Sacramento  River,  to  a  point  where  the  north 
line  of  township  twenty-two  intersects  the  center  of  the  Sacramento  River, 
being  the  initial  point  of  Tehama  County,  as  established  by  law;  thence  west 
along  the  north  line  of  township  twenty-two  north,  to  the  southwest  corner  of 
Tehama  Countj^,  as  established  in  section  three  thousand  nine  hundred  and 
fifteen  of  the  Political  Code;  thence  southerly  on  the  summit  of  the  Coast 
Range  Mountains,  on  the  established  line  between  Mendocino  and  Lake  and 
Colusa  counties,  to  the  place  of  beginning. 

§  3.  The  seat  of  justice  of  said  county  of  Glenn  shall  be  at  the  town  of  Wil- 
lows, until  otherwise  provided  by  law. 

§  4.  There  shall  be  held  an  election  for  county  officers  of  said  county  on  the 
first  Tuesday  in  May,  A.  D.  eighteen  hundred  and  ninety-one,  at  which  shall 
be  elected  a  judge  of  the  superior  court,  county  clerk,  sheriff,  tax  collector, 
treasurer,  recorder,  auditor,  district  attorney,  assessor,  superintendent  of 
schools,  county  surveyor,  coroner,  public  administrator,  and  five  supervisors. 
At  said  election  there  shall  be  submitted  to  the  qualified  electors  of  said  county 
of  Glenn,  as  hereinafter  described,  the  question  Mdiethei*  they  desire  a  separate 
county  government;  and,  for  the  purpose  of  ascertaining  the  choice  of  said 
electors,  the  ballots  used  at  said  election  shall  have,  written,  or  printed  there- 
on, the  words  "For  New  County,"  "Against  New  County;"  and  all  ballots 
from  which  the  words  "Against  New  County"  are  erased,  shall  be  counted 
in  favor  of  such  separate  county  government ;  and  all  ballots  from  which  the 
words  "For  New  County"  are  erased,  shall  be  counted  against  such  separate 
county  government.  Said  election  shall  be  conducted  in  every  respect,  except 
as  hereinafter  otherwise  provided,  in  accordance  with  the  general  law  for  the 
election  of  county  and  township  officers. 

§  5.  The  governor  shall,  when  this  act  takes  efi'ect,  appoint  five  persons, 
residents  and  electors  of  the  county  of  Glenn,  who  shall  be  and  constitute  a 
board  of  commissioners  to  perfect  the  organization  of  said  county,  a  majority  of 
whom  shall  constitute  a  quorum.  Said  commissioners  shall  meet  in  the  town 
of  "Willows,  within  twenty  days  after  their  appointment,  and  after  being  duly 
sworn  to  faithfully  discharge  their  duties  as  prescribed  in  this   act,   shall 

Gen.   Laws — 32 


408  GLENN     COUNTY — GENERAL     PROVISIONS. 

organize  by  electing  one  of  their  number  as  president,  and  shall  elect  a  clerk. 
The  clerk  shall  keep  a  record  of  their  proceedings.  Three  of  the  number  of 
said  board  shall  be  necessary  to  transact  business,  and  a  majority  of  the  votes 
of  the  members  present  at  any  meeting  shall  control  in  all  matters  coming 
before  it. 

§  6.  For  the  purpose  of  designating  the  several  election  precincts  in  the 
said  county,  the  said  board  of  commissioners  shall  meet  at  the  town  of  Wil- 
lows two  weeks  before  the  day  of  election,  and  at  said  meeting  they  shall 
designate  the  precincts  of  the  county,  the  house  or  place  within  the  precincts 
where  the  election  must  be  held,  and  the  offices  to  be  filled;  and  appoint 
two  inspectors,  two  judges  of  election,  and  two  clerks  for  each  of  said  pre- 
cincts. 

§  7.  The  said  board  of  commissioners,  after  designating  the  precincts  of  the 
county,  and  appointing  the  inspectors,  judges,  and  clerks  of  the  different  pre- 
cincts, shall  give  notice  thereof  by  posting  a  written  or  printed  notice  in  each 
of  the  said  precincts,  stating  therein  the  boundaries  of  said  precincts,  and  the 
names  of  the  inspectors,  judges',  and  clerks  of  election  appointed  for  the  same, 
and  naming  and  numbering  in  numerical  order,  commencing  with  number 
one,  the  offices  to  be  filled,  and  stating,  also,  that  at  said  election  there  will 
be  submitted  to  the  qualified  voters  within  the  said  county  of  Glenn  the  ques- 
tion of  the  final  establishment  of  the  said  county. 

§  8.  Sealed  returns  from  the  officers  of  election  of  the  several  precincts 
shall  be  made  to  the  board  of  commissioners,  at  such  office  as  they  may  select 
in  the  town  of  Willows,  within  six  days  after  the  said  day  of  election.  On  the 
sixth  day  after  the  said  election,  the  said  board  of  commissioners  shall  meet 
in  the  town  of  Willows,  in  said  county,  and  the  returns  of  said  election  shall 
be  opened  and  read  in  public,  and  a  tabular  statement  shall  thereupon  be 
made,  under  their  direction  and  in  their  presence,  showing  the  vote  given  at 
each  precinct  of  the  county,  for  each  candidate  for  the  several  offices,  and 
the  entire  vote  given  in  the  county  for  each  person,  and  also  the  vote  for  and 
against  a  separate  county  government;  which  said  statement,  so  made  out, 
shall  be  signed  by  the  president  and  clerk  of  said  board. 

§  9.  As  soon  as  the  said  statement  is  made,  the  said  board,  by  an  order 
entered  upon  its  minutes,  shall  declare  the  result;  and  if  a  majority  of  those 
voting  upon  the  question  shall  have  voted  in  favor  of  a  separate  county 
government,  the  president  of  said  board  shall  immediately  make  out  and  send, 
or  deliver,  to  each  person  chosen,  a  certificate  of  election,  signed  by  him  as 
president  of  the  board  of  commissioners  and  attested  by  the  clerk  of  said 
board. 

§  10.  Each  person  elected  to  fill  an  office  of  said  county  under  the  pro- 
visions of  this  act,  shall  qualify  in  the  manner  provided  by  law  for  such  officers, 
and  shall  enter  upon  the  discharge  of  the  duties  of  his  office  within  twenty 
days  after  the  receipt  of  the  certificate  of  his  election.  The  person  elected  as 
judge  of  the  superior  court  shall  qualify  before  the  president  of  said  board 
of  commissioners;  and  persons  elected  to  offices  of  said  county,  other  than  the 
office  of  judge  of  the  superior  court,  shall  qualify  before  the  judge  of  the 
superior  court,  or  before  the  president  of  said  board  of  commissioners,  which 


GLBNN     COUNTY — OFFICERS     OF.  4«9 

said  president  of  said  board  of  commissioners,  for  said  purpose,  shall  have 
power  to  administer  to  each  of  said  persons  his  official  oath. 

§  11.  The  president  of  said  board  of  commissioners  shall  transmit  a  copy  of 
the  tabular  statement,  prepared  as  provided  in  section  eight  of  this  act,  to  the 
secretary  of  state  within  twenty  days  after  said  election.  The  election 
returns  of  said  county,  and  the  original  tabular  statement,  shall  be  retained 
by  the  president  of  said  board  of  commissioners  until  the  person  elected  as 
clerk  of  said  county  has  qualified  and  entered  upon  the  discharge  of  the  duties 
of  his  office,  after  which  they,  with  all  the  records  of  said  board  of  commis- 
sioners, shall  be  immediately  deposited  with  and  filed  by  the  clerk  of  said 
county,  and  shall  be  retained  by  him  as  part  of  the  records  of  his  office. 

§  12.  The  judge  of  the  superior  court  chosen  under  the  provisions  of  this 
act  shall  hold  his  office  until  the  first  Monday  in  January,  eighteen  hundred 
and  ninety-seven,  and  until  his  successor  is  elected  and  qualified.  The  other 
officers  hereinabove  enumerated  shall  hold  their  respective  offices  until  the 
first  Monday  in  January,  in  the  year  eighteen  hundred  and  ninety-three,  and 
until  their  successors  are  elected  and  qualified.  The  successors  of  the  officers 
elected  under  this  act  shall  be  chosen  at  the  general  election  established  by 
law,  which  takes  place  next  preceding  the  expiration  of  their  respective  terms 
of  office. 

§  13.  As  soon  as  the  said  county  of  Glenn  shall  have  been  divided  into 
townships  and  road  districts,  in  the  manner  provided  by  law,  it  shall  be  the 
duty  of  the  board  of  supervisors  thereof  to  appoint  for  each  township  two 
justices  of  the  peace  and  two  constables,  and  for  each  road  district  a  road 
overseer.  Said  justices,  constables,  and  road  overseer  shall  each,  respectively, 
hold  his  office  until  the  next  general  election,  and  until  his  successor  is  elected 
and  qualified. 

§  14.  The  officers  elected  and  appointed  under  the  provisions  of  this  act 
shall  each  perform  the  duties  and  receive  the  compensation  now  provided  by 
general  law  for  the  office  to  which  he  has  been  elected  or  appointed,  in  counties 
of  the  class  to  which  the  said  county  of  Glenn  belongs,  under  the  general 
classification  of  counties  in  this  state ;  and  until  otherwise  provided  by  law, 
said  county  shall  be  classified  as  a  county  of  the  thirty-seventh  class. 

§  15.  If,  at  said  election,  a  majority  of  the  votes  cast,  on  the  question  of  a 
separate  county  government,  shall  be  "For  New  County,"  then  the  said  terri- 
tory hereinabove  described  shall  be  and  become  a  separate  county  from  and 
after  the  day  upon  which  the  returns  of  the  said  election  shall  be  ascertained 
and  declared  by  the  said  board  of  commissioners. 

§  16.  The  said  county  of  Glenn  shall  form  a  part  of  assembly  district  num- 
ber ten,  and  senatorial  district  number  eight,  until  otherwise  provided  by 
law. 

§  17.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See   next   succeeding-  statute.  35   Pac.  Rep.   302;   County  Colusa  vs.   Welch, 

Section    14. — Sanders    vs.    Sehorn,    98    Cal.  122  Cal.  428,  429,  55  Pac.  Rep.   243. 

227,    228,    33    Pac.    Rep.    58;    People    ex    rel.  As  to  boundary,  see   next  following   stat- 

Scearce  vs.  County  Glenn,  100  Cal.   419,  420,  ute. 


500  BOUADARIES    OF    GLEBfjV    COUNTY — HOaiESTEAD    ASSOCIATIONS. 

GLENN  COUNTY— BOUNDARY. 

To  change  and  permanently  locate  the  boundary  line  between  the  counties  of 

Glenn  and  Colusa. 
(Stats.  1893,  158,  ch.  CXLI.) 

§  1.  The  boundary  lines  between  the  counties  of  Glenn  and  Colusa  are  here- 
by established  and  permanently  located,  as  follows:  Beginning  at  a  point  on 
the  boundary  line  between  the  counties  of  Colusa  and  Lake,  as  now  established 
by  law,  at  the  northwest  corner  of  the  southwest  quarter  of  section  thirty, 
township  eighteen  north,  range  eight  west,  Mount  Diablo  base  and  meridian; 
running  thence  east  along  the  half-section  line,  and  one  and  one  half  miles 
north  of  the  line  dividing  townships  seventeen  and  eighteen,  of  Mount  Diablo 
base  and  meridian,  to  range  line  dividing  township  eighteen  north,  two  and 
three  west;  running  thence  north  two  miles  to  northeast  corner  of  southeast 
quarter  of  section  thirteen,  township  eighteen  north,  range  three  west;  run- 
ning thence  east  along  the  half-section  line  to  the  center  of  the  Sacramento 
Kiver,  thence  down  the  center  of  the  said  Sacramento  River,  in  a  southeasterly 
course,  to  a  point  where  a  line  between  Glenn  and  Colusa  counties  crosses  the 
said  Sacramento  River ;  thence  east  to  Butte  Creek. 

§  2.  All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  3.     This  act  shall  take  effect  immediately. 

See  last  preceding  statute. 

GLEN   ELLEN. 

See  tit.  Children,  Feeble-Minded. 

GOATS. 

To  prevent  buck  goats  from  running  at  large. 
(Stats.  1877-8,  437,  ch.  CCCXXVII.) 

The  above  statute  has  been  carried  into  the  Penal  Cede  bj'  Stats.  1905,  678,  ch.  DXVIII. 
See  KERR'S   CYC.  PEN.  CODE  §  597ff. 

GOLDEN   CITY   HOMESTEAD   ASSOCIATION. 

To  authorize  the  sale  and  conveyance  to  the  Golden  City  Homestead  Association 
of  certain  overflowed  lands  in  the  city  and  county  of  San  Francisco. 
(Stats.  1863-4,  463,  eh.  CCCCVII.) 
§  1.  The  commissioners  of  swamp  and  overflowed  lands  are  authorized, 
whenever  requested  by  the  officers  of  the  Golden  City  Homestead  Association, 
to  appraise  the  value  of  the  lands  belonging  to  the  state  in  front  of  the  lands  of 
said  association  at  the  Potrero  Nuevo,  in  the  city  and  county  of  San  Fran- 
cisco, commencing  at  the  boundary  of  the  lands  of  said  association  as  shown 
by  the  map  and  survey  of  the  said  Potrero  Nuevo  made  by  William  J.  Lewis, 
in  the  year  one  thousand  eight  hundred  and  fifty-six,  and  extending  in  an 
ea.sterly  direction  to  the  easterly  line  of  ]\Iassachusetts  Street,  as  shown  by 
said  map;  and  said  board  of  swamp-land  commissioners  shall  certify  the 
amount  found  to  be  the  value  of  said  land  to  the  treasurer  of  the  state,  and 
also  to  the  surveyor-general.  And  upon  the  approval  of  the  survey  of  the 
county  surveyor  by  the  surveyor-general,  and  upon  the  payment  to  the  treas- 


G0LDE:]V    gate    homestead    association.  501 

urer  of  the  state,  to  the  credit  of  the  wharf  and  dock  fund,  of  the  amount  so 
found  to  be  the  value  of  said  land,  the  register  of  the  state  land  office  shall 
certify  said  approval  and  payment  to  the  governor,  whereupon  a  patent  shall 
issue  for  said  land  to  said  corporation. 

§  2.  "Within  thirty  days  after  the  appraisement  by  said  commissioners,  the 
surveyor  of  the  city  and  coimty  of  San  Francisco  shall  make  out  a  plat  and 
field-notes  of  said  survey.  He  shall,  within  ten  days  thereafter,  record  the 
same  in  his  office,  and  forward  duplicate  certified  copies  of  the  same  to  the 
surveyor-general,  and  it  shall  be  the  duty  of  the  surveyor-general,  upon 
examination  and  approval  of  said  survey,  to  return  one  of  the  duplicate 
copies,  with  his  approval  indorsed  thereon,  to  said  county  surveyor,  to  be  by 
him  delivered  to  the  parties  desiring  the  survey;  provided,  said  approval  and 
return  of  duplicate  shall  be  within  ten  days  after  the  receipt  of  said  plat  and 
field-notes. 

§  3.  All  expenses  attending  said  appraisement  by  the  commissioners, 
together  with  all  the  costs  incident  to  an  accurate  survey  of  the  said  lands  by 
the  surveyor  of  the  city  and  county  of  San  Francisco,  shall  be  paid  by  said 
association. 

§  4.  The  said  association  or  its  assigns  shall  not  have  the  power  to  make 
any  use  of  said  lands  or  any  part  thereof  that  shall  interfere  with  the  naviga- 
tion of  the  bay  of  San  Francisco ;  provided,  that  neither  the  said  association, 
nor  its  employees,  agents,  successors,  or  assigns,  shall  have  any  right  to  levy  or 
collect  any  tolls,  dockage,  or  wharfage  on  said  lands. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

GOLDEN  POPPY. 

See  tit.  State  Flower. 

GOOD  TEMPLARS. 

The  Act  of  1863,  101,  ch.  XCIV,  authorizing  estate.  Is  of  no  further  utility.  See  KERR'S 
Incorporated   lodges   to   take   and   hold   real       CYC.  CIV.  CODE  §§  354,  360,  594,  604. 

GOVERNOR— RESIDENCE. 

The  following  acts  have  been  passed  upon  1903,  415,  ch.  CCLXXXIX;  and  as  to  repairs 

the  subject  of  a  residence  for  the  governor:  of  and  general  appropriation  for,  see  Stats. 

1899,     73,    ch.    LX,    amended    1903,    415,    ch.  1905,   234  and  743. 
CCLXXXIX;    1899,    150,    ch.    CXV,    amended 

GOVERNOR— ROBBERY— REWARDS. 

Imposing  certain  duties  upon  the  governor  of  the  state. 
(Stats.  1875-6,  855,  ch.  DLXVI.) 

The  above-mentioned  statute  is  carried  be  offered  is  increased  to  one  thousand 
Into  the  Penal  Code  by  Stats.  1905,  ch.  dollars.  See  KERR'S  CYC,  PEN.  CODE, 
CCXLVIII;  and  amount  of  rew^ard  that  may       §  1547. 

GOVERNOR— STENOGRAPHER  FOR. 

To  authorize  the  governor  to  employ  a  stenographer  for  his  office,  and  to 

provide  for  the  payment  of  his  salary. 

(Stats.  1891,  1,  ch.  I.) 


502  BADGE    OF    GRAJVD    ARMY     OF    REPUBLIC — GUIDE-POSTS. 

§  1.  The  governor  of  California  is  hereby  authorized  to  appoint  a  stenogra- 
pher to  assist  him  in  the  duties  of  his  office,  and  who  shall  serve  during  his 
pleasure.  He  shall  perform  such  duties  as  may  be  assigned  to  him  by  the 
governor  from  time  to  time.  The  salary  of  such  stenographer  shall  be  sixteen 
hundred  dollars  per  annum,  payable  as  the  salary  of  state  officers. 

§  2.  The  sum  of  eight  hundred  dollars  is  hereby  appropriated  out  of  the 
general  fund  of  the  state  treasury  for  the  payment  of  the  salary  of  the 
stenographer  during  the  forty-second  fiscal  year. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

See  tit.  Agriculture,  Cereal  Crops. 

GRAND  ARMY  OF  REPUBLIC— BADGE. 

To  prevent  persons  from  unlawfully  using  or  wearing  the  badge  of  the  Grand 
Army  of  the  Republic  of  this  state. 

(Stats.  1887,  82,  ch.  LXXIV.) 

§  1.  Any  person  who  shall  wilfully  wear  the  badge  of  the  Grand  Army  of 
the  Republic,  or  who  shall  use  or  wear  the  same  to  obtain  aid  or  assistance 
thereby  within  this  state,  unless  he  shall  be  entitled  to  use  or  wear  the  same 
under  the  rules  and  regulations  of  the  Department  of  California,  Grand  Army 
of  the  Republic,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  imprisonment  for  a  term  not  to  exceed  thirty  (30)  days  in  the 
county  jail,  or  a  fine  not  to  exceed  twenty  (20)  dollars,  or  by  both  such  fine 
or  [and]  imprisonment. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its 
passage. 

GRAND  JURY. 
See  tit.  Interpreters. 

GRASS  VALLEY. 

See  tit.  Municipal  Corporations. 

GUIDE-POST— DESERTS. 

Appropriating  the  sum  of  five  thousand  dollars  for  the  purpose  of  procuring 
guide-posts  to  be  erected  in  the  desert  sections  of  California,  and  particu- 
larly in  the  counties  of  Kern,  Ventura,  Los  Angeles,  Inyo,  Riverside,  San 
Bernardino  and  San  Diego. 

(Stats.  1905,  805,  ch.  DCIX.) 

§  1.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  from  any 
money  in  the  state  treasury,  not  otherwise  appropriated,  for  the  purpose  of 
procuring  metallic  guide-posts,  upon  which  are  to  be  indicated  the  distance 
and  direction  from  said  posts,  the  location  of  wells,  springs,  or  tanks  of  water 
fit  for  drinking  purposes  and  other  information  of  value,  in  the  desert  sections 
of  California,  particularly  in  the  counties  of  Kern,  Ventura,  Los  Angeles,  Inyo, 
Riverside,  San  Bernardino  and  San  Diego;  providing,  however,  that  each  of 
said  counties,  (for  its  own  county)  shall  bear  the  expense  of  the  proper  erection 


GUIDE-POSTS— HAIR -CUTTING.  503 

of  said  guide-posts  at  such  points  in  the  county  as  may  be  designated  by  the 
department  of  highways,  and  shall  pay  all  expenses  attendant  upon  the  placing 
of  said  posts,  as  well  as  the  expense  incurred  in  placing  the  directions  above 
mentioned  upon  said  posts. 

§  2,  The  purchase  and  distribution  of  such  posts  is  hereby  placed  under 
the  management  and  control  of  the  department  of  highways  of  the  state  of 
California,  and  it  is  made  the  duty  of  said  department  of  highways  to  designate 
the  points  at  which  said  posts  shall  be  placed.  Said  posts  shall  be  at  least 
ten  feet  in  length  and  shall  be  made  of  not  less  than  two-inch  nor  more  than 
three-inch  iron  pipe,  to  be  set  in  metallic  crosspieces  of  such  size  and  to  be 
sunk  in  the  earth  at  such  depth  as  will  insure  proper  anchorage.  Said  posts 
shall  have  iron  cross-arms  on  which  shall  be  affixed  metallic  letters  stating  the 
information  mentioned  in  section  one  of  this  act. 

§  3.  Any  person  removing,  defacing  or  in  any  manner  injuring  said  guide- 
posts  shall  be  deemed  guilty  of  a  felony. 

§  4.  The  state  controller  is  hereby  directed  to  draw  his  warrant  in  favor 
of  the  highway  commissioner  for  the  sum  of  five  thousand  dollars  and  the 
state  treasurer  is  hereby  directed  to  pay  the  same. 

:    GULLS.— See  tit.   Seagulls. 

HAIR-CUTTING— PRISONS. 

To  protect  public  health,  to  prevent  the  introduction  and  spreading  of  disease, 
and  to  provide  for  the  protection  of  the  health  of  criminals  under  sentence 
on  a  conviction  of  misdemeanor. 

(Stats.  1883,  280,  ch.  LI.) 

This  statute  has  been  carried  into  the  Penal  Code  by  Stats.  1905,  710,  ch.  DXLVII.  Lee 
KERR'S   CYC.  PEN.  CODE,  §  1615. 

HARBORS. 

See  tit.  Humboldt  Bay. 

HARBOR  COMMISSIONERS. 

See  tit.  State  Harbor  Commissioners. 

HASTINGS   COLLEGE   OF   THE   LAW. 

See  tit.  University  of  California. 

HAT  CREEK. 

See  tit.  Fish  and  Game. 

HAYWARDS— TOWN  OP. 

See  tit.  Municipal  Corporations. 

HEALDSBURG. 

See  tit.  Municipal  Corporations. 

HEALTH— EMPLOYEES. 
See  tit.  Factories  and  Workshops. 


504  HEALTH     BOARD— llEGULATIBiG    PLUMBING. 

HEALTH— PLUMBING. 

To  grant  to  boards  of  health  or  health  officers,  in  cities,  and  cities  and  counties, 
the  power  to  regulate  the  plumbing  and  drainage  of  buildings,  and  to  pro- 
vide for  the  registration  of  plumbers. 

(Stats.  1885,  12,  ch.  XIV;  amended  1887,  58,  ch.  L.) 

§  1.  It  shall  not  be  lawful  for  any  person  to  carry  on  business,  or  labor 
as  a  master  or  journeyman  plumber,  in  any  incorporated  city,  or  in  any  city 
and  county,  in  this  state  until  he  shall  have  obtained  from  the  board  of 
health  of  said  city  or  city  and  county  a  license  authorizing  him  to  carry  on 
business,  or  labor  as  such  mechanic.  A  license  so  to  do  shall  be  issued  only 
after  a  satisfactory  examination  by  the  board  of  each  applicant  upon  his 
qualifications  to  conduct  such  business  or  to  so  labor.  All  applications  for 
license,  and  all  licenses  issued,  shall  state  the  name  in  full,  age,  nativity,  and 
place  of  residence  of  the  applicant  or  person  so  licensed.  It  shall  be  the  duty 
of  the  secretary  of  each  board  of  health  to  keep  a  record  of  all  such  licenses 
issued,  together  with  an  alphabetical  index  to  the  same.  [Amendment,  Stats. 
1887,  58.] 

§  2.  A  list  of  all  licensed  plumbers  shall  be  published  in  the  yearly  report 
of  the  health  officer  or  board  of  health.     [Amendment,  Stats.  1887,  58.] 

§  3.  The  drainage  and  plumbing  of  all  buildings,  both  public  and  private, 
hereafter  erected  in  any  city,  or  city  and  county,  shall  be  executed  in  accord- 
ance with  plans  previously  approved  in  writing  by  the  board  of  health  of  said 
city,  or  city  and  county;  and  suitable  drawings  and  description  of  the  said 
drainage  and  plumbing  shall,  in  each  case,  be  submitted  to  the  board  of  health, 
and  placed  on  file  in  the  health  office.  The  said  board  of  health  is  also 
authorized  to  receive  and  place  on  file  drawings  and  descriptions  of  the  drain- 
age and  plumbing  of  buildings  erected  prior  to  the  passage  of  this  act. 

§  4.  The  board  of  supervisors,  or  other  city,  or  city  and  county,  officials 
whose  duty  it  is  to  make  appropriations  and  tax  levies  for  general  purposes 
of  such  city,  or  city  and  county,  shall  make  the  necessary  appropriations  and 
tax  levies,  and  shall  insert  the  same  in  the  yearly  tax  levy,  to  provide  for 
carrying  out  the  provisions  of  this  act.  Such  appropriations  and  levy  shall 
be  made  at  the  same  time  and  in  the  same  manner  as  appropriations  and  tax 
levies  are  made  for  other  city,  or  city  and  county,  purposes. 

§  5.  In  any  city,  or  city  and  county,  where  there  is  under  existing  laws,  a 
health  officer,  but  no  board  of  health,  such  health  officer  shall  perform  all 
the  duties  required  by  this  act  of  the  board  of  health  until  a  board  of  health 
shall  be  created,  and  in  any  city,  or  city  and  county,  where  there  is  no  health 
officer  nor  board  of  health,  the  board  of  supervisors  or  city  council,  or  other 
municipal  legislative  board  or  body,  shall  create  a  board  of  health,  who  shall 
perform  all  the  duties  required  by  this  act  of  the  board  of  health  or  health 
officer. 

§  6.  Any  superior  court,  or  judge  thereof,  shall  have  power  to  restrain  by 
injunction  the  continuance  of  work  to  be  done  upon  or  about  buildings  or 
premises  where  the  provisions  of  this  act  have  not  been  complied  with,  and 
no  undertaking  shall  be  required  as  a  condition  to  the  granting  or  issuing  of 
such  injunction,  or  by  reason  thereof. 


PUBLIC    HEALTH — PROTECTION     OF.  505 

§  7.     Any  person  violating  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  accordingly. 
§  8.     This  act  shall  take  effect  immediately. 

HEALTH— PUBLIC. 

To  protect  public  health  from  infection  caused  by  exhumation  and  removal  of 

the  remains  of  deceased  persons. 

(Stats.  1877-8,  1050,  ch.  DCLXXIII;  amended  1889,  139,  ch.  CXXVIII.) 

§  1.  It  shall  be  unlawful  to  disinter  or  exhume  from  a  grave,  vault,  or  other 
burial-place,  the  body  or  remains  of  any  deceased  person,  unless  the  person  or 
persons  so  doing  shall  first  obtain,  from  the  board  of  health,  health  officer, 
mayor,  or  other  head  of  the  municipal  government  of  the  city,  town,  or  city  and 
county  where  the  same  are  deposited  a  permit  for  said  purpose.  Nor  shall 
such  body  or  remains  disinterred,  exhumed,  or  taken  from  any  grave,  vault,  or 
other  place  of  burial  or  deposit,  be  removed  or  transported  in  or  through  the 
streets  or  highways  of  any  city,  town,  or  city  and  county,  unless  the  person  or 
persons  removing  or  transporting  such  body  or  remains  shall  first  obtain,  from 
the  board  of  health  or  health  officer  (if  such  board  or  officer  there  be),  and 
from  the  mayor  or  other  head  of  the  municipal  government  of  the  city  or  town, 
or  city  and  county,  a  permit,  in  writing,  so  to  remove  or  transport  such  body 
or  remains  in  and  through  such  streets  and  highways. 

§  2.  Permits  to  disinter  or  exhume  the  bodies  or  remains  of  deceased  per- 
sons, as  in  the  last  section,  may  be  granted,  provided  the  person  applying 
therefor  shall  produce  a  certificate  from  the  coroner,  the  physician  who 
attended  such  deceased  person,  or  other  physician  in  good  standing  cognizant 
of  the  facts,  which  certificate  shall  state  the  cause  of  death  or  disease  of  which 
the  person  died,  and  also  the  age  and  sex  of  such  deceased ;  and  provided  fur- 
ther, that  the  body  or  remains  of  the  deceased  shall  be  inclosed  in  a  metallic 
case  or  coffin,  sealed  in  such  manner  as  to  prevent,  as  far  as  practicable,  any 
noxious  or  offensive  odor  or  effluvia  escaping  therefrom,  and  that  such  case 
or  coffin  contains  the  body  or  remains  of  but  one  person,  except  where  infant 
children  of  the  same  parent  or  parents,  or  parent  and  children,  are  contained  in 
such  case  or  coffin.     And  the  permit  shall  contain  the  above  conditions  and  the 

words:     "Permit  to  remove  and  transport  the  body  of ,  age 

,  sex ,"  and  the  name,  age  and  sex  shall  be  written  therein.    The 

officer  of  the  municipal  government  of  the  city  or  town,  or  city  and  county, 
granting  such  permit,  shall  require  to  be  paid  for  each  permit  the  sum  of  ten 
dollars,  to  be  kept  as  a  separate  fund  by  the  treasurer,  and  which  shall  be 
used  in  defraying  expenses  of  and  in  respect  to  such  permits,  and  for  the 
inspection  of  the  metallic  cases,  coffins,  and  inclosing  boxes  herein  required ; 
and  an  account  of  such  moneys  shall  be  embraced  in  the  accounts  and  state- 
ments of  the  treasurer  having  the  custody  thereof. 

§  3.  Any  person  or  persons  who  shall  disinter,  exhume,  or  remove,  or  cause 
to  be  disinterred,  exhumed,  or  removed,  from  a  grave,  vault,  or  other  recep- 
tacle, or  burial-place,  the  body  or  remains  of  a  deceased  person,  without  a  per- 
mit therefor,  shall  be  guilty  of  a  misdemeanor,  and  be  punished  by  fine 
not  less  than  fifty  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 


E06  PUBLIC     HEALTH— CONTAGIOUS     AND     INFECTIOUS     DISEASES. 

the  county  jail  for  not  less  than  thirty  days  nor  more  than  six  months,  or  by 
both  such  fine  and  imprisonment.  Nor  shall  it  be  lawful  to  receive  such  body, 
bones,  or  remains  on  any  vehicle,  car,  barge,  boat,  ship,  steamship,  steamboat, 
or  vessel,  for  transportation  in  or  from  this  state,  unless  the  permit  to  trans- 
port the  same  is  first  received,  and  is  retained  in  evidence  by  the  owner,  driver, 
agent,  superintendent,  or  master  of  the  vehicle,  car,  or  vessel. 

§  4.  Any  person  or  persons  who  shall  move  or  transport,  or  cause  to  be 
moved  or  transported,  on  or  through  the  streets  or  highways  of  any  city  or 
town,  or  city  and  county,  of  this  state,  the  body  or  remains  of  a  deceased  per- 
son, which  shall  have  been  disinterred  or  exhumed  without  a  permit,  as 
described  in  section  two  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  be 
punishable  as  provided  in  section  three  of  this  act. 

§  5.  Any  person  who  shall  give  information  to  secure  the  conviction  of  any 
person  or  persons  for  the  violation  of  the  provisions  of  this  act  shall  be  entitled 
to  receive  the  sum  of  twenty-five  dollars,  to  be  paid  from  the  fund  collected 
from  fines  imposed  and  accruing  under  this  act. 

§  6.  Nothing  in  this  act  contained  shall  be  taken  to  apply  to  the  removal 
of  the  remains  of  deceased  persons  from  one  place  of  interment  to  another 
cemetery  or  place  of  interment  within  this  state ;  provided,  that  no  permit 
shall  be  issued  for  the  disinterment  or  removal  of  any  body  unless  such  body 
has  been  buried  for  one  year  or  more  without  the  written  consent  of  the 
mayor,  chairman  of  the  board  of  supervisors  or  city  council  of  any  munici- 
pality of  the  state.     [Amendment,  Stats.  1889,  139. J 

§  7.  This  act  shall  take  effect  and  be  in  force  from  the  thirtieth  day  after 
its  passage  and  approval. 

See     tit.     Cemeteries — Disinterment,      and        interment  Permits;  also  KERR'S  CYC.  PEN. 

note    thereunder;    and    see    Stats.    19(J5,    115,        CODE,  §  290,  and  KERR'S  CYC.  POL.  CODE, 
ch.  CXIX  herein,  under  tit.   Burial  and  Dls-        §  302  7. 

HEALTH— PUBLIC. 

To  prevent  the  introduction  of  contagious  or  infectious  diseases  into  the  state 

of  California. 
(Stats.  1883,  376,  ch.  XC.) 

§  1.  "Whenever  there  shall  exist,  in  the  opinion  of  the  state  board  of  health, 
imminent  danger  of  the  introduction  of  contagious  or  infectious  diseases  into 
the  state  of  California,  by  means  of  railroad  communication  with  other  states, 
the  said  state  board  of  health  are  authorized,  and  it  is  hereby  made  their 
duty,  to  make  or  cause  to  be  made,  by  an  accredited  agent  or  inspector, 
an  inspection  of  all  railroad  cars,  coming  into  the  state  at  such  point,  or 
between  such  points  within  the  state  limits  as  may  be  selected  for  the  pur- 
pose. 

§  2.  Such  inspection  shall  be  made,  where  practicable,  during  the  ordinary 
detention  of  a  train  at  a  station,  or  while  in  transit  between  stations,  and  in 
all  cases  shall  be  so  conducted  as  to  occasion  the  least  possible  detention  or 
interruption  of  travel  or  inconvenience  to  the  railroad  companies,  so  far  as 
consistent  with  the  purposes  of  this  act. 

§  3.     Should  the  discovery  be  made  of  the  existence  among  the  passengers  of 


PUBLIC     HEALTH— COMPULSORY     VACCINATION.  507 

any  case  or  cases  of  dangerous,  contagious,  or  infectious  disease,  the  said 
board  of  health,  or  their  agent  or  inspector,  under  rules  and  conditions  pre- 
scribed by  them  as  being  applicable  to  the  nature  of  the  disease,  shall  have 
power  to  cause  the  side-tracking  or  detention  of  any  car  or  cars  so  infected, 
to  isolate  the  sick  or  remove  them  to  a  suitable  place  of  treatment,  to  establish 
a  suitable  refuge  station,  to  cause  the  passengers  and  materials  in  such  infected 
car  to  be  subjected  to  disinfection  and  cleansing  before  proceeding  farther 
into  the  state,  and,  in  the  case  of  smallpox,  to  otfer  free  vaccination  to  all  per- 
sons exposed  in  any  car  or  at  any  station. 

§  4.  The  sum  of  five  hundred  dollars  is  hereby  appropriated  out  of  an}' 
moneys  in  the  treasury  not  otherwise  appropriated,  to  be  expended  solely  for 
the  purposes  of  this  act,  and  all  expenditures  herein  authorized  shall  be 
specified  in  an  itemized  account  to  be  presented  to  the  state  board  of  exam- 
iners, and  paid  as  other  demands  on  the  treasury  are  paid ;  provided,  that  in 
no  case  shall  the  sum  expended  exceed  that  herein  specially  appropriated  for 
the  purpose. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

HEALTH— PUBLIC. 

To  prevent  the  introduction,  and  provide  for  the  investigation  and  suppression 
of  contagious  or  infectious  diseases,  and  appropriating  money  to  be  used 
for  such  purpose. 

(Stats.  1903,  255,  ch.  CCXVIII.) 

§  1.  The  sum  of  one  hundred  thousand  dollars  ($100,000)  is  hereby  appro- 
priated out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated, 
to  be  expended  by  the  state  board  of  health,  under  the  direction  of  the 
governor,  for  the  prevention  of  the  introduction  of  Asiatic  cholera,  bubonic 
plague,  smallpox  or  other  contagious  or  infectious  disease  into  this  state,  and 
for  their  investigation  and  suppression  in  case  of  their  origin  or  introduction. 
The  claims  for  such  expenditures  must  be  audited  by  the  board  of  examiners, 
except  that  when,  in  the  opinion  of  the  governor,  an  emergency  arises  v/hich 
demar^ds  or  necessitates  the  immediate  use  of  money  for  the  purposes  herein 
provided,  the  controller  must  draw  his  warrant  in  the  name  of  the  governor, 
without  such  audit,  on  account  of  the  sum  hereby  appropriated,  upon  the 
order  of  the  governor,  in  such  sums,  from  time  to  time,  not  exceeding  one 
thousand  dollars  ($1,000)  at  any  one  time,  as  he  may  direct.  In  cases  where 
sums  are  so  drawn  upon  the  order  of  the  governor,  without  audit  by  the 
board  of  examiners,  vouchers  must  be  thereafter  filed  with  the  controller, 
showing  the  manner  and  the  purposes  for  which  such  sums  have  been  expended. 

§  2.     This  act  takes  effect  immediately. 

HEALTH,    PUBLIC— VACCINATION. 

To  encourage  and  provide  for  a  general  vaccination  in  the  state  of  California. 

(Stats.  1889,  32,  ch.  XXIV.) 

§  1.  The  trustees  of  the  several  common  school  districts  in  this  state,  and 
boards   of  common   school   government   in  the  several  cities   and   towns,   are 


508  COMPULSORY     VACCINATIOIV— VALIDITY. 

directed  to  exclude  from  the  benefits  of  the  common  schools  therein  any  child 
or  any  person  who  has  not  been  vaccinated,  until  such  time  when  said  child 
or  person  shall  be  successfully  vaccinated;  provided,  that  any  practising'  and 
licensed  physician  may  certify  that  the  child  or  person  has  used  due  diligence 
and  cannot  be  vaccinated  so  as  to  produce  a  successful  vaccination,  whereupon 
such  child  or  person  shall  be  excepted  from  the  operation  of  this  act. 

§  2.  The  trustees  or  local  boards,  annually,  or  at  such  special  times  to  be 
stated  by  the  state  board  of  health,  must  give  at  least  ten  days'  notice,  by 
posting  a  notice  in  two  or  more  public  or  conspicuous  places  within  their 
jurisdiction,  that  provision  has  been  made  for  the  vaccination  of  any  child  of 
suitable  age  who  may  desire  to  attend  the  common  schools,  and  whose  parents 
or  guardians  are  pecuniarily  or  otherwise  unable  to  procure  vaccination  for 
such  child. 

§  3.  The  said  trustees  or  board  must,  within  sixty  days  after  the  passage 
of  this  act,  and  every  year  thereafter,  ascertain  the  number  of  children  or  per- 
sons in  their  respective  school  districts  or  subdivision  of  the  city  school  govern- 
ment being  of  an  age  suitable  to  attend  common  schools,  who  have  not  been 
already  vaccinated,  and  make  a  list  of  the  names  of  all  such  children  or  per- 
sons. It  also  shall  be  [the]  duty  of  said  trustees  or  board  to  provide,  for  the 
vaccination  of  all  such  children  or  persons  in  their  respective  school  districts, 
a  good  and  reliable  vaccine  virus  wherewith  to  vaccinate  such  children  or 
persons  who  have  not  been  vaccinated.  And  when  so  vaccinated,  to  givei  a 
certificate  of  vaccination,  which  certificate  shall  be  evidence  thereof  for  the 
purpose  of  complying  with  section  one. 

§  4.  The  necessary  expenses  incurred  by  the  provisions  of  this  act  shall  be 
paid  out  of  the  common  school  moneys  apportioned  to  the  district,  city,  or 
town.  And  if  there  be  not  sufficient  money,  the  trustees  must  notify  the  board 
of  supervisors  of  the  amount  oi  money  necessary,,  and  the  board  must,  at  the 
time  of  levying  the  county  tax„  levy  a  tax  upon  the  taxable  property  in  the 
district  sufficient  to  raise  the  amount  needed.  The  rate  of  taxation  is  ascer- 
tained by  deducting  fifteen  per  centum  for  delinquencies  from  the  assessment, 
and  the  rate  must  be  based  upon  the  remainder.  The  tax  so  levied  must  be 
computed  and  entered  upon  the  assessment  roll  by  the  county  auditor,  and  col- 
lected at  the  same  time  and  in  the  same  manner  as  state  and  county  taxes,  and 
when  collected  shall  be  paid  into  the  county,  treasury  for  the  use  of  the  dis- 
trict. 

§  5.  The  trustees  of  the  several  school  districts  of  this  state  are  hereby 
required  to  include  in  their  annual  report,  and  report  to  the  secretary  of  the 
state  board  of  health,  the  number  in  their  several  districts  between  the  ages 
of  five  and  seventeen  years  who  ^re  vaccinated,  and  the  number  unvaccinated. 

§  6.     This  act  shall  take  effect  immediately. 

Abeel   vs.   Clark,   84   Cal.    226,    228,    24   Pac.  Honey;      Lodslug-Houses;      Public      Henltb; 

Rep.     383;     French    vs.     Davidson,     143     Cal.  State  Board  of   Health. 
658,  77  Pac.  Rep.  663.  Sec      also      KERR'S      CYC.      POL.      CODE3 

Compulsory    vaccination, — as     to,     see     25  §§  2978-2984;      KERR'S     CYC.     PEN.      CODE 

L,.   R.    A.    142;    26    Id.    728;    39   Id.   152;   42    Id.  §§  377a  and  1615. 
175;   49  Id.   588.  A.s     to     contagious     diseases     in     animals. 

See      tits.      Adulteration;      Hair      Cutting)  see  KERR'S  CYC.  PEN.  CODE  §  402d. 


HIGH    SCHOOLS— DISTRICTS— FUND.  C08 

HIDES— CATTLE. 

See  tit.  Animals — Hides  of. 

HIGH  SCHOOLS. 

Legalizing  the  establishment  of  high  schools  in  incorporated  cities,  and  pro- 
viding for  the  maintenance  and  support  of  such  schools. 
(Stats.  1901,  299,  cli.  CXL.) 
§  1.     All  proceedings  for  the  establishment  of  high  schools  heretofore  estab- 
lished in  incorporated  cities  are  hereby  declared  legal. 
§  2.     This  act  shall  take  effect  immediately. 

Citing  the  g-eneral  provisious  of  Stats.  1891,  57,  ch.  LXIII.    See  People  ex  rel.  Brown  vs. 
School  Dist.,  101   Cal.   655,   656,   36  Pac.   Rep.    119. 
See  next  succeeding  statutes  and  notes. 

HIGH  SCHOOL  BOARDS. 

Relative  to  the  meeting  place  of  high  school  boards  within  municipal  cor- 
porations. 
(Stats.  1901,  296,  ch.  CXXXVI.) 

§  1.  Where  high  schools  are  situated  within  the  limits  of  a  municipal  cor- 
poration, the  meetings  of  the  high  school  board  may  be  held  at  the  high  school 
building,  or  at  the  meeting  place  provided  for  the  board  of  education  of  such 
municipal  corporation,  as  shall  be  determined  by  resolution  adopted  by  said 
high  school  board. 

§  2.     This  act  shall  take  effect  immediately. 

HIGH   SCHOOL   DISTRICTS. 

The   Statutes   of   1891,    57,    ch.    LXIII,    and  pie    ex    rel.    Pixley    vs.    Lodi    High    School 

182,    ch.    CXXXVII,    purported    to    authorize  Dist.,  124  Cal.   694,   696,   57  Pac.   Rep.   660. 

municipalities    of    more    than    1,500    inhabi-  Ti,e  subject  wa.s  carried  into  the  Political 

tants    to    maintain    a    high    school    or    union  code  by  Stats.  1893,  236-276;  and  bv  section 

high     schools.       Provisions     of    the     statute  70    of   the    later   statute    the   statute    of   1891 

■vv-ere    held    unconstitutional    in    McCabe    vs.  .j^^s     repealed.       See     KERR'S     CYC.     POL. 

Carpenter,    102    Cal.    469,    36    Pac.    Rep.    836;  CODE,  §§  1669-1671. 

Board    of   Education   vs.    Board   of   Trustees, 

129  Cal.  599,  601-603,  62  Pac.  Rep.  173.     And 

see   People   ex   rel.    Brown   vs.    School    Dist., 

101    Cal.    655,    656,    36   Pac.    Rep.    119;    Elberg 

vs.    County    San    Luis    Obispo,    112    Cal.    316,  See    next    following    statute    as    to    High 

317,  41  Pac.  Rep.  475,  44  Pac.  Rep.  572;  Peo-  School  Funds. 

HIGH  SCHOOLS— FUND. 

Creating  a  fund  for  the  benefit  and  support  of  high  schools  and  providing  for 
its  distribution,  and  repealing  an  act  entitled  "An  act  creating  a  fund 
for  the  benefit  and  support  of  high  schools  and  providing  for  its  distri- 
bution," approved  March  second,  nineteen  hundred  and  three. 
(Stats.  1905,  58,  ch.  LXV.) 
§  1.     There  is  hereby  levied  annually  for  the  fifty-fifth  and  fifty-sixth  fiscal 
years,  ending  respectively  June  thirtieth,  nineteen  hundred  and  four,  and  June 
thirtieth,  nineteen  hundred  and  five,  an  ad  valorem  tax  of  one  and  one  half 
cents  upon  every  hundred  dollars  of  the  value  of  the  taxable  property  of  the 
state,  which  tax  shall  be  collected  by  the  several  officers  charged  with  the  col- 
lection of  state  taxes,  in  the  same  manner  and  at  the  same  time  as  other  state 


For    further    revie^v    of    the    subject,    see 

Hancock    vs.    Board    of    Education,    140    Cal. 
554,   74  Pac.  Rep.   44. 


510  HIGH    SCHOOLS — APPROPRIATION     OF     MONEYS. 

taxes  are  collected,  upon  all  and  any  class  of  property,  which  tax  is  for  the 
support  of  regularly  established  high  schools  of  the  state.  And  it  is  further 
enacted  that,  beginning  with  the  fifty-seventh  fiscal  year,  to  wit:  July  first, 
nineteen  hundred  and  five,  it  shall  be  the  duty  of  the  state  controller,  annually, 
between  the  tenth  day  of  August  and  the  first  day  of  September,  at  the  time 
that  he  is  required  to  estimate  the  amount  necessary  for  other  school  taxes, 
to  estimate  the  amount  necessary  to  be  levied  for  the  support  of  high  schools. 
This  amount  he  shall  estimate  by  determining  the  amount  required  at  fifteen 
dollars  per  pupil  in  average  daily  attendance  iu  all  the  duly  established  high 
schools  of  the  state  for  the  last  preceding  school  year,  as  certified  to  him  by 
the  state  superintendent  of  public  instruction.  This  amount  the  state  con- 
troller, between  the  dates  above  given,  must  certify  to  the  state  board 
of  equalization. 

§  2.  The  state  board  of  equalization  at  the  time  when  it  annually  deter- 
mines and  fixes  the  rate  of  state  taxes  to  be  collected,  must  declare  the  levy  and 
the  rate  of  tax  for  the  support  of  state  high  schools  iu  conformity  with  the 
provisions  of  section  one  of  this  act. 

§  3.  The  money  collected  as  provided  in  sections  one  and  two  hereof,  after 
deducting  the  proportionate  share  of  expenses  of  collecting  the  same  to  which 
other  taxes  are  subject,  must  be  paid  into  the  state  treasury,  to  be  by  the  state 
treasurer  converted  into  a  separate  fund,  hereby  created,  to  be  called  the 
"State  High  School  Fund." 

§  4.  The  money  paid  into  the  state  high  school  fund  is  hereby  appropriated 
without  reference  to  fiscal  years  for  the  use  and  support  of  regularly  estab- 
lished state  high  schools  and  is  exempt  from  the  provisions  ot  part  three,  title 
one,  article  eighteen,  of  an  act  entitled  "An  act  to  establish  a  Political  Code," 
approved  March  twelfth,  eighteen  hundred  and  seventy-two,  relating  to  the 
state  board  of  examiners. 

§  5.  The  money  in  said  state  high  school  fund  shall  be  apportioned  to  the 
high  schools  of  the  state  by  the  state  superintendent  of  public  instruction  in 
the  following  manner:  He  shall  apportion  one  third  of  the  annual  amount 
among  the  county,  district,  city,  union,  or  joint  union  high  schools  of  the  state, 
irrespective  of  the  number  of  pupils  enrolled  or  in  average  daily  attendance 
therein,  except  as  hereinafter  provided ;  the  remaining  two  thirds  of  the  annual 
amount  he  shall  apportion  among  such  schools  pro  rata  upon  the  basis  of 
average  daily  attendance  as  shown  by  the  official  reports  of  the  county  or  city 
and  county  school  superintendents  for  the  last  preceding  school  year;  pro- 
vided, that  such  high  schools  have  been  organized  under  the  law  of  the  state, 
or  have  been  recognized  as  existing  under  the  high  school  laws  of  the  state 
and  have  maintained  the  grade  of  instruction  required  by  law  of  the  high 
schools;  and  provided,  that  no  school  shall  be  eligible  to  a  share  of  said  state 
high  school  fund  that  has  not  during  the  last  preceding  school  year  employed 
at  least  two  regularly  certificated  high  school  teachers  for  a  period  of  not  less 
than  one  hundred  and  eighty  days  with  not  less  than  twenty  pupils  in  average 
daily  attendance  for  such  length  of  time,  except  in  newly  established  high 
schools  wherein  the  minimum  average  daily  attendance  for  the  first  year 
of  one  hundred  and  eighty  days  may  be  but  twelve  pupils  and  but  one  teacher; 
and  provided,  that  before  receiving  state  aid,  each  school  shall  furnish  satis- 


HIGH     SCHOOLS — PRINCIPAL,     SUPERINTENDENT.  511 

factory  evidence  to  the  superintendent  of  public  instruction  of  the  possession 
of  a  reasonably  good  equipment  of  building,  laboratory,  and  library,  and  of 
having  maintained,  the  preceding  school  year,  proper  high  school  instruction 
for  a  term  of  at  least  one  hundred  and  eighty  days ;  provided  further,  that  the 
foregoing  provisions  relating  to  the  average  daily  attendance  and  the  number 
of  teachers  employed  shall  not  operate  to  disqualify  any  legally  established 
high  school  existing  at  the  date  of  the  passage  of  this  act  from  receiving  a  share 
of  said  state  high  school  fund  until  July  first,  nineteen  hundred  and  four. 

§  6.  The  principal  of  every  high  school  entitled  to  state  aid  in  accord  with 
the  foregoing  provisions  shall  annually  at  the  close  of  the  term  and  prior  to 
receiving  his  last  month's  salary  and  as  a  prerequisite  for  such  salary  make  out 
under  oath  and  deliver  to  the  county  superintendent  of  the  county  or  city  and 
county  wherein  such  high  school  is  situated  a  full  and  complete  report  of  said 
high  school  for  the  entire  term  or  school  year ;  such  report  to  show  the  num- 
ber of  pupils  enrolled,  the  average  daily  attendance,  number  of  teachers  regu- 
larly employed,  the  courses  of  instruction  pursued,  and  such  other  information 
as  may  be  required  by  the  superintendent  of  public  instruction  and  the  county 
superintendent  of  schools,  the  said  report  to  be  made  upon  blanks  furnished 
by  said  superintendent  of  public  instruction  as  other  school  report  blanks 
are  furnished;  provided,  that  in  the  case  of  joint  union  high  school  districts 
the  principals  thereof  shall  report  as  above  required  to  county  superintendents 
of  each  of  the  counties  having  territory  within  such  joint  union  high  school 
districts,  and  in  such  reports  the  statistics  of  attendance  and  other  data  for 
each  county  separately  and  collectively  shall  be  given. 

§  7.  The  county  superintendent  of  every  county,  or  city  and  county,  wherein 
is  located  a  high  school,  or  the  building  or  buildings  of  a  joint  union  high 
school,  shall  annually,  at  the  time  required  for  making  reports  of  primary  and 
grammar  schools,  make  report  under  oath  to  the  superintendent  of  public 
instruction,  showing  the  number  of  pupils  enrolled,  average  daily  attendance, 
number  of  teachers  regularly  employed,  and  such  other  information  regarding 
the  high  schools  of  his  county,  or  city  and  county,  as  he  may  deem  proper,  or 
as  may  be  required  by  the  superintendent  of  public  instruction;  said  report 
to  be  made  upon  blanks  furnished  by  the  superintendent  of  public  instruction. 

§  8.  It  shall  be  the  duty  of  the  county  or  city  and  county  superintendent 
of  schools  of  every  county,  or  city  and  county,  wherein  is  located  a  high  school, 
or  the  building  or  buildings  of  a  joint  union  high  school,  on  the  order  of 
the  board  of  trustees  of  such  high  school,  to  draw  his  requisition  upon 
the  county  auditor  against  the  funds  of  such  high  school,  but  no 
requisition  shall  be  drawn  unless  the  money  is  in  the  fund  to  pay  it,  and  no 
requisition  shall  be  drawn  upon  the  order  of  the  board  of  high  school  trustees 
or  board  of  education  against  the  state  high  school  fund,  except  for  teachers' 
salaries,  and  the  order  shall  state  the  monthly  salary  of  the  teacher,  and  name 
the  month  or  months  for  which  such  salary  is  due.  Upon  the  receipt  of  such 
requisition  the  auditor  shall  draw  his  warrant  upon  the  county  treasurer  in 
favor  of  the  parties  for  the  amount  stated  in  such  requisition,  and  the  county 
treasurer  is  hereby  authorized  to  pay  the  same. 

§  9.  High  schools  eligible  to  receive  state  aid  as  herein  provided  shall  admit 
as  students  only  such  pupils  as  have  completed  the  full  course  of  instruction 


512  HIGH    SCHOOLS — STATE     CONTROLLER. 

prescribed  for  the  primary  and  grammar  schools  of  the  county,  city  or  city  and 
county  wherein  the  high  school  is  located,  or  an  equivalent  course,  or  such 
pupils  as  may  show  by  thorough  examination  that  their  qualifications  are 
equivalent  to  the  requirements  for  graduation  from  said  primary  and  grammar 
school  course ;  provided,  that  pupils  otherwise  qualified  to  enter  a  high  school 
and  residing  in  territory  wherein  no  high  school  exists  shall  have  the  right 
to  attend  any  high  school  that  receives  state  aid  under  the  provisions  of  this 
act  without  the  payment  of  tuition  fee,  if  such  schools  have  room  or  accommo- 
dations for  them;  further  provided,  that  after  July  first,  nineteen  hundred 
and  five,  a  non-resident  pupil  shall,  in  the  discretion  of  the  high  school  board 
of  the  high  school  district  where  he  attends,  be  required  to  pay  a  tuition  fee 
to  such  school  equal  to  the  difi^erenee  between  the  cost  per  pupil  for  main- 
tenance of  such  high  school  and  the  amount  per  pupil  received  during  that 
school  year  by  such  high  school  from  the  state. 

§  10.  The  state  controller  must  keep  a  separate  account  of  the  high  school 
fund  raised  as  provided  in  sections  one  and  two  of  this  act.  He  must  on  the 
first  Monday  in  January  and  on  the  first  JNlonday  in  July  in  every  year  report 
to  the  superintendent  of  public  instruction  a  statement  of  all  monej^s  belong- 
ing to  the  state  high  school  fund.  He  must  draw  his  warrant  on  the  state 
treasurer  in  favor  of  any  county  or  city  and  county  treasurer  whenever  such 
treasurer  presents,  with  his  indorsement,  an  order  draw^n  by  the  superin- 
tendent of  public  instruction  against  the  state  high  school  fund,  and  the  state 
treasurer  is  hereby  authorized  to  pay  the  same ;  provided,  that  in  the  case  of  coun- 
ties having  joint  union  high  school  districts  the  order  of  the  superintendent  of 
public  instruction  and  the  warrant  of  the  state  controller  shall  be  in  favor  of 
the  county  treasurer  of  that  county  wherein  the  high  school  building  or  build- 
ings are  located  or  wherein  the  high  school  is  being  conducted. 

§  11.  It  is  hereby  made  the  duty  of  the  treasurer  of  every  county,  or  city 
and  county,  that  receives  state  money  under  the  provisions  of  this  act  to  place 
the  same  to  the  credit  of  the  funds  of  the  respective  high  schools  of  his  county, 
or  city  and  county,  in  accord  with  the  apportionment  made  by  the  superin- 
tendent of  public  instruction,  and  to  pay  out  the  same  according  to  the  pro- 
visions of  section  eight  of  this  act. 

§  12.  The  act  entitled  "An  act  creating  a  fund  for  the  benefit  and  support 
of  high  schools  and  providing  for  its  distribution,"  approved  March  second, 
nineteen  hundred  and  three,  is  hereby  repealed. 

§  13.  This  act  shall  take  effect  and  be  in  force  from  and  after  July  first, 
nineteen  hundred  and  five. 

It  win  be  observed  that  the  statute  of  1903  is  repealed  by  section  12  of  this  statute. 

HIGHWAYS. 
See  tits.  Roads  and  Highways ;  Streets. 

HISTORIC  PROPERTY— ACQUISITION  OF. 

To  provide  for  the  acquisition  of  the  old  mission  at  Sonoma,  of  Fort  Ross 
property,  of  the  landing-place  at  Monterey  of  Junipero  Serra,  and  the  old 
theater  property  at  Monterey,  and  providing  for  the  preservation,  main- 
tenance, protection  and  improvement  of  said  properties. 
(Stats.  1905,  17,  ch.  XXII.) 


SUTTER'S     FORT— MONTEKEY     CUSTOM-HOUSE— HOLIDAYS.  513 

§  1,  The  board  of  Sutter's  Fort  trustees,  created  aud  existing  under  an 
act  entitled  "An  act  to  provide  for  the  appointment  of  a  board  of  Sutter's 
Fort  trustees,  and  the  acquisition  of  the  Sutter  Fort  property,  and  providing 
for  an  appropriation  for  the  preservation,  protection  and  improvement  of  said 
property,"  approved  March  seventh,  eighteen  hundred  and  ninety-one,  are 
hereby  authorized  to  receive  and  accept  from  William  Randolph  Hearst,  trustee 
of  the  Landmarks  Fund,  without  cost  to  the  state,  the  possession  and  title  to 
the  old  mission  at  Sonoma  and  Fort  Ross  in  the  county  of  Sonoma, 

§  2.  The  said  board  of  Sutter's  Fort  trustees  shall  provide  for  the  preserva- 
tion, maintenance,  protection  and  improvement  of  the  property  hereinbefore 
described,  in  such  way  and  manner  as  in  their  judgment  may  seem  best  and 
proper. 

§  3.  The  board  of  Monterey  custom-house  trustees  created  and  existing 
under  an  act  entitled  "An  act  to  provide  for  the  appointment  of  a  board  of 
Monterey  custom-house  trustees  and  for  the  acquisition  and  control  of  the 
Monterey  custom-house  property,  and  providing  for  an  appropriation  for  the 
preservation,  protection  and  improvement  of  said  property,"  approved  March 
sixteenth,  nineteen  hundred  and  one,  are  hereby  authorized  to  receive  and 
accept  from  William  Randolph  Hearst,  trustee  of  the  Landmarks  Fund,  without 
cost  to  the  state,  possession  and  title  to  the  landing-place  at  Monterey  of 
Junipero  Serra,  in  the  county  of  Monterey,  and  old  theater  property  at  Mon- 
terey, in  the  county  of  Monterey. 

§  4.  The  said  board  of  Monterey  custom-house  trustees  shall  provide  for 
the  preservation,  maintenance,  protection  and  improvement  of  the  property 
last  before  described,  in  such  way  and  manner  as  in  their  judgment  may  seem 
best  and  proper. 

§  5.     This  act  shall  take  effect  immediately. 

See  tit.  Colton  Hall. 

HOGS. 

See  tits.  Animals;  Estrays;  Quarantine. 

HOLIDAYS. 

Authorizing  boards  of  supervisors  or  other  governing  bodies  of  municipalities 

to  declare  holidays. 
(Stats.  1901,  568,  ch.  CCXIX.) 

§  1.  The  board  of  supervisors  or  other  governing  body  of  any  county,  town, 
city,  or  city  and  county,  may  declare  the  day  on  which  a  primary  or  other 
election  is  held  in  such  municipality  to  be  a  holiday  therein. 

HOLLISTER— TOWN  OF. 

See  tit.  Municipal  Corporations. 

HOME  FOR  ADULT  BLIND. 

See  tit.  Deaf,  Dumb  and  Blind. 

HOMESTEAD  ASSOCIATIONS. 

See  tit.  Golden  City  Homestead  Association. 

Gen.  Liaws — 33 


514  FAMILY    HOMESTEAD — HONEY    ADULTERATION. 

HOMESTEAD  CORPORATIONS. 

The   Act    of    1861,    567,    ch.    DII,    authoriz-  continued    existence    to    the    extent    of    ten 

Ing  the  formation  of  these  corporations,  was  years.     See  KERR'S  CYC.  CIV.  CODE,  §§  557- 

supplemented    by    1873-4,    525,    ch.    CCCLXV.  566;   also  Murphy  vs.  Pacific  Bank,   119   Cal. 

The   original   act   limited   their   existence   to  334,  51  Pac.  Rep.  317. 
five    years,    and    the    later   act    authorized    a 

HOMESTEAD— FAMILY. 

To  enable  certain  parties  therein  named  to  alienate  or  encumber  homesteads. 
(Stats.  1873-4,  582,  ch.  CCCCXI.) 

The   above   statute    has   been   carried    into  lowing  cases:    Security  Loan  etc.  vs.  Kauff- 

the  Civil  Code  by  Stats.   1905,  725,   ch.  DLX.  man,    108    Cal.    214,    220,    41    Pac.    Rep.    467; 

See     KERR'S     CYC.     CIV.     CODE      §§  1269a-  Rider   vs.    Regan,    114    Cal.    667,    670,    46   Pac. 

1269c.  Rep.   820;  Jones  vs.  Falvella,  126  Cal.  24,  25, 

The    statute    has    been    cited    in    the    fol-  58   Pac.  Rep.   311. 

HOMING  PIGEONS. 

See  tit.  Antwerp  Messenger. 

HONEY— ADULTERATION. 

To  prohibit  the  adulteration  of  honey,  and  to  provide  a  punishment  therefor. 

(Stats.  1897,  12,  ch.  XV.) 

§  1.  No  person  shall,  within  this  state,  manufacture  for  sale,  offer  for  sale,  or 
sell  any  extracted  honey  which  is  adulterated  by  the  admixture  therewith  of 
either  refined  or  commercial  glucose,  or  any  other  substance  or  substances,  article 
or  articles  which  may  in  any  manner  affect  the  purity  of  the  honey. 

§  2.  Every  person  manufacturing,  exposing,  or  offering  for  sale  or  delivering 
to  a  purchaser  any  extracted  honey,  shall  furnish  to  any  person  interested,  or 
demanding  the  same,  w^ho  shall  apply  to  him  for  the  purpose,  and  tender  him  the 
value  of  the  same,  a  sample  sufficient  for  the  analysis  of  any  such  extracted  honey 
which  is  in  his  possession. 

§3.  For  the  purposes  of  this  act,  ''extracted  honey"  is  the  transformed 
nectar  of  flowers,  which  nectar  is  gathered  by  the  bee  from  natural  sources,  and 
is  extracted  from  the  comb  after  it  has  been  stored  by  the  bee. 

§  4.  Whoever  violates  any  of  the  provisions  of  this  act  is  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  not  less  than  twenty-five  nor 
more  than  four  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less  than 
twenty-five  days  nor  more  than  six  months,  or  both  such  fine  and  imprisonment. 
And  any  person  found  guilty  of  manufacturing,  offering  for  sale,  or  selling  any 
adulterated  honey  under  the  provisions  of  this  act  may,  in  the  discretion  of  the 
court,  be  adjudged  to  pay,  in  addition  to  the  penalties  hereinbefore  provided  for, 
all  necessary  cost  and  expenses,  not  to  exceed  fifty  dollars,  incurred  in  analyzing 
such  adulterated  honey  of  which  such  person  may  have  been  found  guilty  of 
manufacturing,  selling,  or  offering  for  sale. 

§  5.     This  act  shall  be  in  force  and  take  effect  from  and  after  its  passage. 

See    tits.    Adulteration;    Foods;     Health — Public;   State  Board  of  Health. 

HOPS. 

Fixing  the  rate  of  tare  on  baled  hops. 
(Stats.  1891,  452.  ch.  CCXXXVI.) 


HORTICULTURE— INSECTS    AND     COUNTY    BOARDS.  515 

§  1.  There  shall  be  allowed  on  baled  hops  a  tare  at  the  rate  of  two  per  centum 
of  the  weight  of  the  bale  for  the  cloth  and  other  material  used  in  baling ;  that  is, 
the  tare  shall  be  at  the  rate  of  two  pounds  per  hundred  on  the  weight  of  the  bale. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

HORNITOS— TOWN  OF. 

See  tit.  Municipal  Corporations. 

HORTICULTURE— BENEFICIAL  INSECTS. 

Making  an  appropriation  for  searching  for  beneficial  insects. 
(Stats.  1905,  193,  ch.  CC.) 

§  1.  There  is  appropriated  out  of  any  money  not  otherwise  appropriated 
the  sum  of  twelve  thousand  ($12,000)  dollars  to  be  used  by  the  state  horticul- 
tural commission  in  searching  for  beneficial  insects. 

§  2.  The  controller  Ls  hereby  authorized  to  draw  warrants  from  time  to  time 
as  the  investigation  progresses  in  favor  of  said  commission. 

§  3.  The  money  hereby  appropriated  shall  be  expended  under  the  direction 
of  said  commission  but  all  requisitions  shall  be  audited  and  allowed  by  the  state 
board  of  examiners  before  payment. 

See    tits.    Horticulture,    Protection;    Horticulture,  State  Board,  post. 

HORTICULTURE— COUNTY  BOARDS. 

To  promote  the  horticultural  interests  of  the  state  by  providing  county  boards 
of  horticulture,  and  repealing  the  act  entitled  "An  act  to  protect  and  pro- 
mote the  horticultural  interests  of  the  state,"  approved  March  fourteenth, 
eighteen  hundred  and  eighty-one,  and  certain  acts  amendatory  thereof, 
approved  March  nineteenth,  eighteen  hundred  and  eighty-nine,  and  March 
thirty-first,  eighteen  hundred  and  ninety-one. 

(Stats.  1897,  244,  ch.  CLXXXIII;  amended  Stats.  1905,  297,  ch.  CCXCIII.) 

§  1.  Whenever  a  petition  is  presented  to  the  board  of  supervisors  of  any 
county,  and  signed  by  twenty-five  or  more  persons,  each  of  whom  is  a  resident 
freeholder  and  possessor  of  an  orchard,  stating  that  certain  or  all  orchards,  or 
nurseries,  or  trees  or  plants  of  any  variety  are  infested  w^ith  any  serious  infec- 
tious diseases,  or  scale  insects  of  any  kind,  injurious  to  fruit,  fruit-trees,  vines, 
or  other  plants  or  vegetables  or  that  there  is  growing  therein  the  Russian  thistle 
or  saltwort  {Salsoli  kali,  variety  tragus),  or  other  noxious  weeds,  codling  moth, 
or  other  insects  that  are  destructive  to  trees,  and  praying  that  a  commission  be 
appointed  by  them,  whose  duty  it  shall  be  to  supervise  the  destruction  of  said 
scale  insects,  diseases  or  Russian  thistle  or  saltwort,  or  other  noxious  weeds  as 
herein  provided,  the  board  of  supervisors  shall,  within  twenty  days  thereafter, 
appoint  a  board  of  horticultural  commissioners,  consisting  of  three  members, 
who  shall  be  qualified  for  the  duties  of  horticultural  commissioner.  Upon  the 
petition  of  twenty-five  resident  freeholders  and  possessors  of  an  orchard,  the 
board  of  supervisors  may  remove  any  of  said  commissioners  for  cause,  after  a 
hearing  of  the  petition.     [Amendment,  Stats.  1905,  297.] 


516  HORTICULTURE — BOARD    OF    COMMISSIONERS     OF. 

§  2.     It  shall  be  the  duty  of  the  county  board  of  horticultural  commissioners 
in  each  county,  whenever  it  shall  deem  it  necessary,  to  cause  an  inspection  to  be 
made  of  any  premises,  orchards,  or  nursery,  or  trees,  plants,  vegetables,  vines, 
or  fruits,  or  any  fruit-packing  house,  storeroom,  salesroom,  or  any  other  place 
or  articles  in  their  jurisdiction,  and  if  found  infested  with  infectious  diseases, 
scale  insects,  or  codling  moth,  or  other  pests  injurious  to  fruit,  plants,  vegetables, 
trees,  or  vines,  or  with  their  eggs,  or  larvae,  or  if  there  is  found  growing  thereon 
the  Russian  thistle  or  saltwort,  or  other  noxious  weeds,  they  shall  notify  the 
owner  or  owners,  or  person  or  persons  in  charge,  or  in  possession  of  the  said 
places  or  orchards,  or  nurseries,  or  trees,  or  plants,  vegetables,  vines,  or  fruit,  or 
articles  as  aforesaid  that  the  same  are  infested  with  said  diseases,  insects,  or 
other  pests,  or  any  of  them,  or  their  eggs  or  larvae,  or  that  the  Russian  thistle  or 
saltwort  or  other  noxious  weeds  is  growing  thereon,  and  they  shall  require  such 
person  or  persons,  to  eradicate  or  destroy  the  said  insects,  or  other  pests,  or  their 
eggs  or  larvae,  or  Russian  thistle  or  saltwort,  or  other  noxious  weeds  within  a 
certain  time  to  be  specified.     Said  notices  may  be  served  upon  the  person  or 
persons,  or  either  of  them,  owning  or  having  charge,  or  having  possession  of 
such  infested  place,  or  orchard,  or  nursery,  or  trees,  plants,  vegetables,  vines,  or 
fruit,  or  articles,  as  aforesaid,  or  premises  w^here  the  Russian  thistle  or  saltwort 
or  other  noxious  weeds  shall  be  growing,  by  any  commissioner,  or  by  any  person 
deputed  by  the  said  commissioners  for  that  purpose,  or  they  may  be  served  in 
the  same  manner  as  a  summons  in  a  civil  action.     Any  and  all  such  places,  or 
orchards,  or  nurseries,  or  trees,  plants,  shrubs,  vegetables,  vines,  fruit,  or  articles 
thus  infested,  or  premises  where  the  Russian  thistle  or  saltwort  or  other  noxious 
weeds  shall  be  growing,  are  hereby  adjudged  and  declared  to  be  a  public  nui- 
sance; and  whenever  any  such  nuisance  shall  exist  at  any  place  within  their 
jurisdiction,  or  on  the  property  of  any  non-resident,  or  on  any  property  the 
owner  or  owners  of  which  cannot  be  found  by  the  county  board  of  horticultural 
commissioners,  after  diligent  search,  within  the  county,  or  on  the  property  of 
any  owner  or  owners  upon  which  notice  aforesaid  has  been  served,  and  who  shall 
refuse  or  neglect  to  abate  the  same  within  the  time  specified,  it  shall  be  the  duty 
of  the  county  board  of  horticultural  commissioners  to  cause  said  nuisance  to  be 
at  once  abated,  by  eradicating  or  destroying  said  diseases,  insects,  or  other  pests, 
or  their  eggs,  or  larvse,  or  Russian  thistle  or  saltwort  or  other  noxious  weeds. 
The  expense  thereof  shall  be  a  county  charge,  and  the  board  of  supervisors  shall 
allow  and  pay  the  same  out  of  the  general  fund  of  the  county.    Any  and  all  sum 
or  sums  so  paid  shall  be  and  become  a  lien  on  the  property  and  premises  from 
which  said  nuisance  has  been  removed  or  abated,  in  pursuance  of  this  act,  and 
may  be  recovered  by  an  action  against  such  property  and  premises.   A  notice  of 
such  lien  shall  be  filed  and  recorded  in  the  office  of  the  county  recorder  of  the 
county  in  which  the  said  property  and  premises  are  situated,  within  thirty  days 
after  the  right  to  the  said  lien  has  accrued.   An  action  to  foreclose  such  lien  shall 
be  commenced  within  ninety  days  after  the  filing  and  recording  of  said  notice  of 
lien,  which  action  shall  be  brought  in  the  proper  court  by  the  district  attorney 
of  the  county  in  the  name  and  for  the  benefit  of  the  county  making  such  pay- 
ment or  payments,  and  when  the  property  is  sold  enough  of  the  proceeds  shall 
be  paid  into  the  county  treasury  of  such  county  to  satisfy  the  lien  and  costs ;  and 
the  overplus,  if  any  there  be,  shall  be  paid  to  the  owner  of  the  property  if  he  b© 


HORTICULTURE — BOARDS    OF— POWERS    AND    DUTIES.  617 

known,  and  if  not,  into  the  court  for  his  use  when  ascertained.  The  county  board 
of  horticultural  commissioners  is  hereby  vested  with  the  power  to  cause  any  and 
all  such  nuisances  to  be  at  once  abated  in  a  summary  manner.  [Amendment, 
Stats.  1905,  297.] 

§  3.  Said  county  boards  of  horticultural  commissioners  shall  have  power  to 
divide  the  county  into  districts,  and  to  appoint  a  local  inspector,  to  hold  office  at 
the  pleasure  of  the  commissioners,  for  each  of  said  districts.  The  state  board  of 
horticulture  may  issue  commissions  as  quarantine  guardians  to  the  members  of 
said  county  board  of  horticultural  commissioners,  and  to  the  local  inspectors 
thereof.  The  said  quarantine  guardians,  local  inspectors,  or  members  of  said 
county  boards  of  horticultural  commissioners,  shall  have  full  authority  to  enter 
into  any  orchard,  nursery,  place  or  places  where  trees  or  plants  are  kept  and 
offered  for  sale  or  otherwise,  or  any  house,  storeroom,  salesroom,  depot,  or 
any  other  such  place  in  their  jurisdiction  to  inspect  the  same,  or  any  part 
thereof. 

§  4.  It  shall  be  the  duty  of  said  county  board  of  horticultural  commissioners 
to  keep  a  record  of  their  official  doings,  and  to  make  a  report  to  the  state  board 
of  horticulture,  on  or  before  the  first  day  of  October  of  each  year,  of  the  condi- 
tion of  the  fruit  interests  in  their  several  districts,  what  is  being  done  to  eradi- 
cate insect  pests,  also  as  to  disinfecting,  and  as  to  quarantine  against  insect  pests 
and  diseases,  and  as  to  carrying  out  all  laws  relative  to  the  greatest  good  of  the 
fruit  interest.  Said  board  may  publish  said  reports  in  bulletin  form,  or  may 
incorporate  so  much  of  the  same  in  their  annual  reports  as  may  be  of  general 
interest. 

§  5.  The  salary  of  all  inspectors  working  under  the  county  board  of  horticul- 
tural commissioners  shall  be  two  dollars  and  fifty  cents  ($2.50)  per  day.  In  the 
case  of  the  commissioners  themselves,  their  compensation  shall  be  four  dollars 
per  day,  when  actually  engaged  in  the  performance  of  their  duties,  and  itemized 
necessary  traveling  expenses  incurred  in  the  discharge  of  their  regular  duties 
as  prescribed  in  this  act. 

§  6.  It  shall  be  the  duty  of  the  county  board  of  horticultural  commissioners 
to  keep  a  record  of  their  official  doings  and  make  a  monthly  report  to  the  board 
of  supervisors;  and  the  board  of  supervisors  may  withhold  warrants  for  sal- 
aries of  said  members  and  inspectors  thereof  until  such  time  as  said  report 
is  made. 

§  7.  An  act  entitled  ''An  act  to  protect  and  promote  the  horticultural  inter- 
ests of  the  state,"  approved  March  fourteenth,  eighteen  hundred  and  eighty-one, 
and  certain  acts  amendatory  thereof,  approved  March  nineteenth,  eighteen  hun- 
dred and  eighty-nine,  and  March  thirty-first,  eighteen  hundred  and  ninety-one, 
are  hereby  repealed. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See    County    Riverside     vs.     Butclier,     133  Spencer,    126    Cal.    670,    671,    77   Am.    St.   Rep. 

Cal.   324,   325,   63   Pac.   Rep.   745.  217,    59   Pac.   Rep.   202;   County  Riverside  vs. 

The    statute    o£    1891,    repealed    as    above  Butcher,    133    Cal.     324,     325,    65    Pac.     Rep. 

shown,    is   cited   in   County   Los   Angeles   vs.  745. 


518  HORTICULTURE) — IMPORTATIOIV    OF    NURSERY    STOCK, 

HORTICULTURE— PROTECTION. 

For  the  protection  of  horticulture,  and  to  prevent  the  introduction  into  this 
state  of  insects,  or  diseases  or  animals  injurious  to  fruit  or  fruit-trees,  vines, 
bushes,  or  vegetables,  and  to  provide  for  a  quarantine  for  the  enforcement 
of  this  act. 

(Stats.  1899,  91,  ch.  LXXVI;  amended  1903,  32,  ch.  XXX.) 

§  1.  Any  person,  persons,  or  corporation,  who  shall  receive,  bring,  or  cause 
to  be  brought  into  this  state  any  nursery  stock,  trees,  shrubs,  plants,  vines, 
cuttings,  grafts,  scions,  buds,  or  fruit  pits,  or  fruit,  or  vegetables,  shall,  within 
twenty-four  hours  after  the  arrival  thereof,  notify  the  state  horticultural  quar- 
antine officer,  or  the  quarantine  guardian  of  the  district  or  county  in  which 
such  nursery  stock,  or  fruit,  or  vegetables  are  received,  of  their  arrival,  and  hold 
the  same  without  unnecessarily  moving  the  same  or  placing  such  articles  where 
they  may  be  harmful,  for  the  immediate  inspection  of  such  state  horticultural 
quarantine  officer  or  guardian.  If  there  is  no  quarantine  guardian  or  state  horti- 
cultural quarantine  officer  in  the  county  where  such  nursery  stock,  or  fruit,  or 
vegetables  are  received,  it  shall  then  be  the  duty  of  such  person,  persons,  or  cor- 
poration to  notify  the  state  board  of  horticulture,  who  shall  make  immediate 
arrangements  for  their  inspection.  The  state  horticultural  quarantine  officer, 
the  quarantine  guardian,  or  such  person  or  persons  as  shall  be  commissioned  by 
the  state  board  of  horticulture  to  make  such  inspection,  or  to  represent  said 
board,  are  hereby  authorized  and  empowered  to  enter  into  any  warehouse,  depot, 
or  upon  any  dock,  wharf,  mole,  or  any  other  place  where  such  nursery  stock,  or 
fruit,  or  vegetables,  or  other  described  articles  are  received,  for  the  purpose  of 
making  the  investigation  or  examination  herein  provided  for. 

§  2.  Each  carload,  case,  box,  package,  crate,  bale,  or  bundle  of  trees,  .shrubs, 
plants,  vines,  cuttings,  grafts,  scions,  buds,  or  fruit  pits,  or  fruit  or  vegetables 
imported  or  brought  into  this  state,  shall  have  plainly  and  legibly  marked 
thereon  in  a  conspicuous  manner  and  place  the  name  and  address  of  the  shipper, 
owner,  or  person  forwarding  or  shipping  the  same,  and  also  the  name  of  the 
person,  firm,  or  corporation  to  whom  the  same  is  forwarded  or  shipped,  or  his  or 
its  responsible  agent,  also  the  name  of  the  country,  state  or  territory  where  the 
contents  were  grown. 

§  3.  When  any  shipment  of  trees,  shrubs,  plants,  vines,  cuttings,  grafts,  scions, 
buds,  fruit  pits,  or  fruit  or  vegetables,  imported  or  brought  into  this  state,  is  found 
infested  with  injurious  insects,  or  their  eggs,  larva,  or  pupa?,  or  [there  is]  reason- 
able cause  to  presume  that  they  may  be  so  infested,  or  infected'with  tree,  plant,  or 
fruit  disease  or  diseases,  the  entire  shipment  shall  be  disinfected  at  the  expense 
of  the  owner,  owners,  or  agent.  After  such  disinfection,  it  shall  be  detained  in 
quarantine  the  necessary  time  to  determine  the  result  of  such  disinfection.  If 
the  disinfection  has  been  so  performed  as  to  destroy  all  insects,  or  their  eggs,  and 
so  as  to  eradicate  all  disease  and  prevent  contagion,  and  in  a  manner  satisfactory 
to  the  state  horticultural  quarantine  officer,  the  quarantine  guardian  of  the  dis- 
trict, or  the  person  commissioned  by  said  board,  the  trees,  vines,  vegetables, 
seeds,  or  other  articles  shall  then  be  released.     [Amendment,  Stats.  1903,  32.] 

§  4.  When  any  .shipment  of  trees,  .shrubs,  plants,  vines,  cuttings,  grafts, 
scions,  buds,  fruit  pits,  or  fruit  or  vegetables,  imported  or  brought  into  this  state, 


HORTICULTURE — STATE     BOARD     OF — COMMISSIONER.  619 

is  found  infested  with  any  species  of  injurious  insects,  or  their  eggs,  larvse,  or 
pupis,  not  existing  in  the  orchards,  vineyards,  gardens,  or  farms  of  California, 
such  infested  shipments  shall  be  immediately  sent  out  of  the  state,  or  destroyed, 
at  the  option  of  the  owner,  owners,  or  agent,  and  at  his  or  their  expense. 

§  5.  No  person,  persons,  or  corporation  shall  bring  or  cause  to  be  brought 
into  the  state  any  peach,  nectarine,  or  apricot  trees  or  cuttings,  grafts,  scions, 
buds,  or  pits  of  such  trees,  or  any  trees  budded  or  grafted  upon  peach  stock  or 
root  that  has  been  in  a  district  where  the  disease  known  as  "peach  yellows"  or 
the  contagious  disease  known  as  contagious  "peach  rosette"  are  known  to  exist, 
and  any  such  attempting  to  land  or  enter  shall  be  refused  entry  and  shall  be 
destroyed  or  returned  to  the  point  of  shipment,  at  the  option  of  the  owner, 
owners,  or  agent,  and  at  his  or  other   [their]   expense. 

§  6.  No  person,  persons,  or  corporations  shall  bring,  or  cause  to  be  brought 
into  this  state  any  injurious  animals  known  as  English  or  Australian  wild 
rabbit,  flying  fox,  mongoose,  or  any  animal  or  other  animal  or  animals  detri- 
mental to  horticulture  and  agricultural  interests. 

§  7.  Any  person,  persons,  or  corporation  violating  any  of  the  provisions  of 
this  act  is  guilty  of  a  misdemeanor. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

HORTICULTURE— STATE  BOARD. 

To  create  a  state  commission  of  horticulture,  to  provide  for  a  state  commissioner 
of  horticulture,  and  prescribe  his  powers,  duties  and  compensation,  and  to 
provide  methods,  means  and  penalties  for  the  enforcement  of  such  powers 
and  duties,  and  appropriating  money  for  the  use  and  support  and  to  pay 
the  expenses  thereof,  and  to  repeal  chapter  sixty-three  of  the  laws  of 
eighteen  hundred  and  eighty-three,  chapter  seven  of  the  laws  of  eighteen 
hundred  and  eighty-five,  chapter  eighty-six  of  the  laws  of  eighteen  hundred 
and  eighty-nine,  and  chapter  one  hundred  and  ninety-four  of  the  laws  of 
eighteen  hundred  and  ninety-one. 

(Stats.  1903,  524,  ch.  CCCLXXIX;  amended  Stats.  1905,  496, 
ch.  CCCLXXXVIII.) 

§  1.  The  office  of  state  commissioner  of  horticulture  of  California  is  hereby 
created.  It  shall  be  the  duty  of  the  governor,  within  forty  days  after  the  passage 
of  this  act,  to  appoint  a  citizen  and  resident  of  this  state  to  hold  said  office  of 
state  commissioner  of  horticulture,  who  must  at  the  date  of  his  appointment  be 
a  skilled  horticulturist  and  entomologist.  The  term  of  office  shall  be  for  four 
years,  and  until  a  successor  is  appointed  and  qualified.  The  governor  may 
remove  such  commissioner  from  office  at  any  time,  upon  filing  with  the  secretary 
of  state  a  certificate  of  removal  signed  by  the  governor.  In  case  of  a  vacancy 
in  said  office  by  death,  resignation,  removal  from  office,  or  other  cause,  the 
governor  shall  fill  the  vacancy  for  the  unexpired  term.  The  salary  of  said  com- 
missioner shall  be  two  hundred  and  fifty  dollars  per  month,  and  he  shall  be 
allowed  in  addition  a  sum  not  to  exceed  five  hundred  dollars  yearly  for  traveling 
and  incidental  expenses  necessary  in  the  discharge  of  his  duties  herein  provided 
for.  Such  commissioner  may  appoint  a  secretary,  who  shall  be  versed  in  horti- 
culture and  entomology,  and  who  shall  be  an  experienced  compiler  of  reports. 


520  HORTICULTURE — STATE    COMMISSIONER — OFFICE    AND    DUTIES. 

bulletins  and  such  publications  as  may  issue  from  said  commission  from  time  to 
time,  and  who  shall  perform  all  such  duties  as  may  be  required  of  him  by  such 
commissioner.     Such  secretary  of  the  horticultural  commissioner  shall  receive  a 
salary  of  twenty-one  hundred  dollars  per  annum.     In  appointing  such  commis- 
sioner and  his  successor  or  successors,  it  shall  be  the  duty  of  the  governor  to 
disregard  political  affiliations,  and  to  be  guided  in  his  selection  entirely  by  the 
professional  and  moral  qualifications  of  the  person  so  selected  for  the  perform- 
ance of  the  duties  of  said  office.     The  office  of  said  commissioner  shall  be  kept 
open  every  day  except  holidays,  and  shall  be  in  charge  of  the  secretary  during 
the  absence  of  such  commissioner.     The  main  office  of  such  commissioner  shall 
be  at  the  city  of  Sacramento.    The  secretary  of  state  shall  furnish  and  set  aside 
in  the  capitol  a  room  or  rooms  suitable  for  offices  for  said  commissioner,  and  if 
the  secretary  of  state  shall  make  and  file  an  affidavit  with  said  commissioner 
stating  that  it  is  not  possible  for  him,  as  such  secretary  of  state,  to  provide  and 
set  aside  an  office  for  said  commissioner  in  the  capitol  or  in  any  state  building 
under  his  control,  because  there  is  no  such  office  room  or  rooms  available,  then, 
and  after  the  making  and  delivery  of  such  affidavit  to  such  commissioner,  the  said 
commissioner  may  rent  rooms  convenient  and  suitable  for  his  offices  under  this, 
act,  at  a  rental  not  to  exceed  five  hundred  dollars  per  year.    Said  commissioner 
may  also  keep  and  maintain  an  office  in  the  city  and  county  of  San  Francisco 
at  a  yearly  rental  not  to  exceed  the  sum  of  five  hundred  dollars,  and  may  ap- 
point a  deputy  commissioner  who  shall  be  an  expert  entomologist  and  horti- 
culturist, to  have  charge  of  said  office  under  said  commissioner,  and  to  perform 
any  and  all  duties  which  said  commissioner  may  require  of  him  under  this  act, 
and  shall  fix  the  monthly  compensation  of  such  deputy  at  two  hundred  dollars 
per  month.    Such  deputy  shall  hold  his  position  during  the  pleasure  of  such  com- 
missioner, and  may  be  removed  from  his  office  or  position  at  any  time  by  said 
commissioner  filing  with  the  secretary  of  state  a  certificate  signed  by  said  com- 
missioner so  removing  such  deputy.    Said  commissioner  may  also  appoint,  by  and 
with  the  approval  of  the  governor,  such  temporary  deputies  from  time  to  time 
as  may  be  required  for  quarantine  purposes  under  this  act,  and  such  temporary 
deputies  shall  receive  such  compensation  per  diem  as  may  be  specified  in  the 
writing  so  approving  such  appointment.    If  there  be  not  sufficient  furniture  and 
office  appliances  turned  over  to  such  commissioner  by  the  state  board  of  horti- 
culture heretofore  existing,  to  furnish  and  equip  properly  the  office  or  offices 
for  such  commissioner  at  Sacramento  and  San  Francisco  aforesaid,  the  said 
commissioner  may,  by  and  with  the  approval  of  the  governor,  purchase  for  the 
use  of  his  said  office  or  offices  such  furniture  and  appliances  as  may  be  necessary 
therefor,  and  from  time  to  time,  at  an  expense  not  to  exceed  a  sum  to  be  men- 
tioned in  such  approval,  which  expense,  together  with  all  other  expenses  author- 
ized by  this  act,  is  hereby  allowed  for  the  purposes  specified.      [Amendment, 
Stats.  1905,  496.] 

§  2.  Upon  taking  office  under  this  act  such  commissioner  shall  be  entitled  to 
receive  and  have  turned  over  to  him  as  such  commissioner  all  the  books,  records, 
and  property  in  the  possession,  charge,  custody  or  control  of  the  state  board  of 
horticulture  heretofore  existing,  and  all  such  property  shall  be  delivered  to  such 
commissioner  upon  demand.  Such  commissioner  shall  be  deemed  for  such  pur- 
poses the  successor  of  said  board. 


HORTICULTURE — STATE     COMMISSIONER — DUTIES     OF.  521 

§  3.  Such  commissioner  shall  collect  books,  pamphlets  and  periodicals  and 
other  documents  containing  information  relating  to  horticulture,  and  shall  pre- 
serve the  same ;  collect  statistics  and  other  information  showing  the  actual  con- 
dition and  progress  of  horticulture  in  this  state  and  elsewhere ;  correspond  with 
horticultural  societies,  colleges  and  schools,  and  with  the  county  boards  of  horti- 
culture existing  or  that  may  exist  in  this  state,  and  with  all  other  persons  neces- 
sary to  secure  the  best  results  to  horticulture  in  this  state.  He  shall  require 
reports  from  county  boards  of  horticulture  in  this  state,  and  may  print  the  same 
or  any  part  thereof  as  he  may  select,  either  in  the  form  of  bulletins  or  in  his 
annual  report,  or  both,  as  he  shall  deem  proper.  He  shall  issue  and  cause  to  be 
printed  and  distributed  to  county  boards  of  horticulture  in  this  state,  and  to  all 
other  persons  whom  he  may  deem  proper,  bulletins  or  statements  containing  all 
the  information  best  adapted  to  promote  the  interest  and  protect  the  business 
and  development  of  horticulture  in  this  state.  Such  commissioner  shall  be 
deemed  to  be  the  state  horticultural  quarantine  officer  mentioned  in  chapter 
seventy-six  of  the  laws  of  eighteen  hundred  and  ninety-nine,  for  the  purposes 
of  that  act,  and  shall  be  empowered  to  perform  the  duties  which  under  that  act 
are  to  be  performed  by  the  state  horticultural  quarantine  officer ;  provided,  that 
any  inspection  therein  authorized,  when  made  by  such  commissioner,  must  be 
with  the  approval  of  the  governor,  and  as  provided  by  this  act. 

§  4.  Said  commissioner  may,  by  and  with  the  approval  of  the  governor,  estab- 
lish, maintain  and  enforce  such  quarantine  regulations  as  may  be  deemed  neces- 
sary to  protect  the  nurseries,  trees,  shrubs,  plants,  vines,  cuttings,  grafts,  scions, 
buds,  fruit  pits,  fruit,  vegetables,  or  other  articles  of  horticulture,  against  con- 
tagion or  infection  by  injurious  disease,  insects  or  pests,  by  establishing  such 
quarantine  at  the  boundaries  of  this  state  or  elsewhere  within  the  state,  and  he 
may  make  and  enforce,  with  the  approval  of  the  governor,  any  and  all  such 
rules  and  regulations  as  may  be  deemed  necessary  to  prevent  any  infected  stock, 
tree,  shrub,  plant,  vine,  cutting,  graft,  scion,  bud,  fruit  pit,  fruit,  vegetable,  or 
other  article  of  horticulture,  from  passing  over  any  quarantine  line  established 
and  proclaimed  pursuant  to  this  act,  and  all  such  articles  shall,  during  the  main- 
tenance of  such  quarantine,  be  inspected  by  such  commissioner  or  by  a  deputy 
appointed  in  writing  by  said  commissioner  with  the  approval  of  the  governor, 
and  he  or  the  deputy  so  conducting  such  inspection  shall  not  permit  any  such 
article  to  pass  over  such  a  quarantine  line  during  such  quarantine,  except  upon 
a  certificate  of  inspection  signed  by  such  commissioner  or  in  his  name  by  such  a 
deputy  who  has  made  such  inspection,  unless  such  article  has  been  immediately 
prior  to  such  passage  inspected  by  an  officer  or  agent  of  the  United  States  en- 
titled to  inspect  the  same,  and  such  officer  or  agent  has  granted  permi.ssion  for 
such  passage.  All  approvals  by  the  governor  given  or  made  pursuant  to  this  act 
shall  be  in  writing  and  signed  by  the  governor  in  duplicate,  and  one  copy  thereof 
shall  be  filed  in  the  office  of  the  secretary  of  state  and  the  other  in  the  office  of 
said  commissioner  before  such  approval  shall  take  effect. 

§  5.  Upon  information  received  by  such  commissioner  of  the  existence  of  any 
infectious  disease,  insect  or  pest,  dangerous  to  any  such  article,  or  to  the  interest 
of  horticulture  within  this  state,  or  that  there  is  a  probability  of  the  introduction 
of  any  such  infectious  disease,  insect  or  pest  into  this  state  or  across  the  bound- 
aries thereof,  he  shall  proceed  to  thoroughly  investigate  the  same,  and  may,  by 


522  HORTICULTURE — STATE     COMMISSIONER — INFECTIOUS     DISEASES. 

and  with  the  approval  of  the  governor,  establish,  maintain  and  enforce  quaran- 
tine as  hereinbefore  provided,  vs^ith  such  regulations  as  may  be  necessary  to 
circumscribe  and  exterminate  or  eradicate  such  infectious  diseases,  insects  or 
pests,  and  prevent  the  extension  thereof,  and  is  hereby  authorized  to  enter  upon 
any  grounds  or  premises,  and  inspect  any  stock,  tree,  shrub,  plant,  vine,  cutting, 
graft,  scion,  bud,  fruit  pit,  fruit,  vegetable,  or  other  article  of  horticulture,  or 
implement  thereof,  or  box  or  package  pertaining  thereto,  or  connected  therewith, 
or  that  has  been  used  in  packing,  shipping  or  handling  the  same,  and  to  open  any 
such  package,  and  generally  to  do,  with  the  least  injury  possible  under  the  con- 
ditions to  property  or  business,  all  acts  and  things  necessary  to  carry  out  the 
provisions  of  this  act. 

§  6.  Upon  the  discovery  of  any  such  infectious  disease,  insects  or  pests,  such 
commissioner  shall  immediately  report  the  same  to  all  county  boards  of  horti- 
culture, together  with  a  statement  as  to  the  best  known  means  or  method  for 
circumscribing,  exterminating  or  eradicating  the  same,  and  shall  state  therein 
specifically  what  treatment  or  method  should  be  applied  in  each  case,  as  the 
matter  may  require,  with  a  detailed  statement  or  prescription  as  to  the  method 
of  making  or  procuring,  and  of  applying  any  preparation  or  treatment  so  recom- 
mended therefor,  and  the  times  and  duration  for  such  treatment,  and  if  chemi- 
cals or  articles  be  required  other  than  those  usually  obtainable  at  any  town,  the 
place  or  places  where  they  are  most  readily  to  be  obtained ;  and  upon  the  receipt 
of  such  statement  by  any  county  board  of  horticulture,  or  any  member  thereof, 
it  shall  be  the  duty  of  such  county  board  of  horticulture  to  distribute  such  state- 
ment in  printed  form  to  every  person  owning  or  having  charge  or  posse.ssion  of 
any  orchard,  nursery  stock,  tree,  shrub,  or  article  of  horticulture  within  their 
county,  where  it  is  supposed  by  said  county  board  there  is  any  danger  to  the 
interests  of  horticulture,  and  such  statement  must  be  served  with  or  be  a  part 
of  the  notice  to  be  given  to  the  owner  or  owners,  or  person  or  persons,  in  pos- 
session of  any  orchard,  nursery,  tree,  shrub,  or  article  of  horticulture,  referred 
to,  provided  for,  and  required  to  be  served  in  and  by  section  two  of  chapter  one 
hundred  and  eighty-three  of  the  laws  of  eighteen  hundred  and  ninety-seven,  or 
any  amendments  which  have  been  or  may  be  made  thereto. 

§  7.  Whenever  it  shall  become  necessary  to  establish  quarantine  under  this 
act,  if  there  be  any  authorities  or  officers  of  the  United  States  having  authority 
to  act  in  such  matter,  or  any  part  thereof,  the  said  state  commissioner  of  horti- 
culture shall  notify  such  authority  or  officers  of  the  United  States,  and  co-operate 
as  far  as  pos.sible  with  such  authorities  or  officers  of  the  United  States  whereso- 
ever the  jurisdiction  of  the  United  States  extends  and  is  being  exercised,  and 
shall  obtain,  whenever  desirable  and  possible,  the  assent  of  the  proper  authority 
or  officers  of  the  United  States  to  the  establishment  or  change  of  quarantine  lines, 
so  as  to  most  effectively  and  speedily  accomplish  the  purposes  of  this  act.  The 
said  commissioner  shall  at  once  notify  the  governor  of  all  quarantine  lines  estab- 
lished under  or  pursuant  to  this  act,  and  if  the  governor  approve  or  shall  have 
approved  of  the  same  or  any  portion  thereof,  the  governor  shall  issue  his  procla- 
mation proclaiming  the  boundaries  of  such  quarantine,  and  the  nature  thereof, 
and  the  orders,  rules  or  regulations  prescribed  for  the  maintenance  and  enforce- 
ment of  the  same,  and  shall  publish  such  proclamation  in  such  manner  as  he  may 
deem  expedient  to  give  proper  notice  thereof. 


HORTICULTURE— SUPERI]MTE»rDE>T    STATE    PRINTING — DUTIES    AS    TO.  523 

§  8.  The  said  state  commissioner  shall  be  ex  officio  a  member  of  all  county 
boards  of  horticulture  existing  or  that  may  be  created  or  exist  in  this  state  pur- 
suant to  law,  whenever  he  is  present  and  acting  with  said  county  board  within  the 
county  where  such  county  board  exists,  but  when  he  is  not  so  present  in  such 
county,  acting  with  such  county  board,  then  the  said  county  board  shall  have  all 
the  power  and  authority  conferred  on  it  by  law,  and  may  exercise  such  power 
by  the  action  of  the  members  of  such  county  board  or  a  majority  thereof.  The 
reports  which  county  boards  of  horticulture  are  required  by  law  to  make, 
or  which  they  may  desire  to  make,  shall,  after  the  passage  of  this  act,  be  made 
to  the  state  commissioner  of  horticulture. 

§  9.  It  shall  be  the  duty  of  the  superintendent  of  state  printing  to  print  and 
deliver  to  the  state  commissioner  of  horticulture,  upon  the  written  request  of 
said  commissioner,  all  such  bulletins,  orders,  rules,  regulations,  statements,  re- 
ports, and  other  printed  matter,  as  the  said  commissioner  may  deem  necessary  to 
have  and  use  for  carrying  out  the  purposes  of  this  act,  and  it  shall  be  the  duty 
of  the  secretary  of  state  to  cause  to  be  prepared  and  furnished  to  such  state 
commissioner  all  stationery,  paper,  blank  forms,  envelopes,  and  writing  material 
needful  and  convenient  for  use  in  the  office  of  such  commissioner. 

§  10.  It  shall  be  the  duty  of  said  state  commissioner  to  report  in  the  month  of 
January  in  each  even-numbered  year  to  the  governor,  and  in  each  odd-numbered 
year  to  the  legislature  of  this  state,  such  matters  as  he  may  deem  expedient  or  as 
may  be  required  either  by  the  governor  or  legislature,  and  to  include  a  statement 
of  all  the  persons  employed,  and  of  moneys  expended  under  this  act,  by 
itemized  statement  thereof. 

§  11,  Any  person  wilfully  refusing  to  comply  with  orders  lawfully  made 
under  and  pursuant  to  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  to  exceed  five  hundred  dollars. 

§  12.  All  moneys  paid  under  this  act  shall  be  paid  by  the  state  treasurer  from 
moneys  appropriated  for  the  support  of  the  state  commissioner  of  horticultitre, 
and  expenses  other  than  the  salary  of  the  commissioner,  the  compensation  of  his 
clerk  and  deputy  commissioner,  as  allowed  and  provided  by  this  act,  must  be 
certified  by  the  said  commissioner  and  be  approved  by  the  state  board  of  exam- 
iners before  being  audited  or  paid.  Any  moneys  remaining  of  any  appropriation 
heretofore  made  or  that  may  be  appropriated  for  the  use  or  support  of  the  state 
board  of  horticulture  are  hereby  appropriated  to  the  support  of  the  state  com- 
mission of  horticulture,  and  are  directed  to  be  applied  to  the  payment  of  claims 
and  expenses  under  this  act. 

§  13.  The  sum  of  four  thousand  dollars  is  hereby  appropriated  for  the  use 
and  support  and  to  pay  the  expenses  of  the  state  commission  of  horticulture  for 
the  fiscal  years  commencing  July  first,  nineteen  hundred  and  three,  and  July 
first,  nineteen  hundred  and  four,  under  this  act. 

§  14.  Chapter  sixty-three  of  the  laws  of  eighteen  hundred  and  eighty-three, 
chapter  seven  of  the  laws  of  eighteen  hundred  and  eighty-five,  chapter  eighty- 
six  of  the  laws  of  eighteen  hundred  and  eighty-nine,  and  chapter  one  hundred 
and  ninety-four  of  the  laws  of  eighteen  hundred  and  ninety-one,  are  hereby 
repealed. 

§  15.     This  act  shall  take  effect  immediately. 


524  MATERNITY    HOSPITALS— LICENSE— REGISTER     TO     BE     KEPT. 

HOSPITALS— MATERNITY. 

To  provide  for  the  licensing  and  inspecting  of  maternity  hospitals,  lying-in 
asylums  and  homes  for  children;  defining  the  duties  of  persons  conducting 
the  same;  and  the  duties  and  powers  of  the  county  boards  of  health  or 
county  health  officers  and  other  health  officers  in  relation  thereto,  and  pro- 
viding a  penalty  for  the  violation  of  its  provisions. 
(Stats.  1903,  317,  ch.  CCXXXIX.) 

§  1,  Any  person  who,  without  first  having  obtained  a  license  in  writing  so  to 
do  from  the  county  board  of  health  or  county  health  officers,  as  hereinafter  pro- 
vided, manages,  conducts,  establishes  or  maintains  within  any  county  or  city 
and  county  in  this  state  any  maternity  hospital  or  lying-in  asylum  where  females 
may  be  received,  cared  for  or  treated  during  pregnancy,  or  during  or  after 
delivery;  or  manages,  conducts,  establishes  or  maintains  wnthin  any  county  or 
city  and  county  in  this  state  any  institution,  boarding-house,  home  or  other  place 
for  the  reception  or  care  of  children,  or  keeps,  at  any  such  place,  any  child  under 
the  age  of  twelve  years,  not  his  relative,  apprentice,  or  ward,  without  legal  com- 
mitment; or  neglects,  refuses  or  omits  to  comply  with  the  provisions  of  this 
act,  or  who  violates  the  provisions  of  such  act,  is  guilty  of  a  misdemeanor. 

§  2.  For  such  places  within  the  limits  of  their  respective  territorial  juris- 
dictions, the  county  board  of  health  in  all  counties  or  city  and  county  govern- 
ments, having  a  county  board  of  health,  and  in  all  other  counties  or  city  and 
county  governments,  the  county  health  officer  shall  have  power  to  issue  licenses, 
and  every  such  license  must  specify  the  name  and  residence  of  the  person  so 
undertaking  the  care  of  such  females  or  children;  and  the  location  within  the 
county  or  city  and  county  of  the  place  where  the  same  are  kept  and  the  number 
of  females  or  children  thereby  allowed  to  be  received,  boarded  or  kept  therein, 
and  shall  be  revocable  for  cause  by  the  said  county  board  of  health  or  county 
health  officer,  as  the  case  may  be,  in  any  case  where  the  provisions  of  this  act  are 
violated,  or  in  any  case  where,  in  the  opinion  of  such  county  board  of  health  or 
such  county  health  officer,  such  hospital,  asylum,  institution,  home,  boarding- 
house  or  other  place  is  being  managed,  conducted  or  maintained  without  proper 
regard  for  the  health,  comfort  or  morality  of  the  inmates  thereof,  or  without  due 
regard  of  proper  sanitation  or  hygiene. 

§  3.  Every  person  so  licensed  must  keep  a  register,  wherein  he  shall  enter  the 
names  and  addresses  of  all  such  females,  the  names  and  ages  of  all  such  children, 
and  of  all  children  born  on  the  premises,  and  the  names  and  residences  of  their 
parents,  so  far  as  is  known,  and  the  time  of  the  reception  and  discharge  of  such 
children  and  the  reasons  therefor,  and  also  the  name  and  age  of  every  child  who 
is  given  out,  adopted,  taken  away,  or  indentured  from  such  place,  to  or  by  any 
person,  together  with  the  name  and  residence  of  the  person  so  adopting,  takinir 
away  or  indenturing  such  child ;  and  within  forty-eight  hours  after  such  child  is 
so  given  out,  taken  aw^ay  or  indentured,  shall  cause  a  correct  copy  of  the  register 
relating  to  such  child  to  be  sent  to  the  county  board  of  health  or  county  health 
officer,  as  the  case  may  be. 

§  4.  It  shall  be  lawful  for  the  officers  and  representatives  of  such  county 
board  of  health,  or  for  such  county  health  officers  and  their  representatives,  and 
for  all  health  officers,  at  all  reasonable  times,  to  enter  and  inspect  the  premises 


HOTELS,    ETC HOURS     OF    LABOR — HUMBOLDT    BAY.  525 

wherein  such  females  and  children  are  so  boarded,  received  or  kept,  and  to  call 
for  and  inspect  the  license  and  the  register  and  also  to  see  and  visit  such 
children  and  females. 

See    San    Francisco    Charter,    Stats.    1899,    249-342. 

HOTELS  AND  LODGING-HOUSES.  | 

See  tits.  Gas — Illuminating;    Lodging-Houses.        / 

HOURS  OF  LABOR. 

See  tits.  Children ;  Public  Works. 

HOUSE  OF  CORRECTION. 

To    provide    for    the    commitment    of    per-  Cisco    Charter,    Stats.    1899     (powers    of    su- 

sons  to. — Stats.   1885,  34,  ch.  XXXI.  pervisors);  and  see  tits.  School  of  Industry; 

It   seems   possible   that   proceedings   could  State  Reform  School. 

occur  under  this  statute.     But  see  San  Fran- 

HUMBOLDT  BAY. 

To  grant    to  the  United  States  certain  tide  lands,  belonging  to  the  state  of 
California,  for  the  purpose  of  improving  the  harbor  of  Humboldt  Bay. 

(Stats.  1887,  59,  ch.  LI.) 

§  1.  For  the  purpose  of  enabling  the  government  of  the  United  States  to 
construct  a  breakwater  and  otherwise  improve  the  entrance  to  Humboldt  Bay, 
the  state  of  California  hereby  grants  to  the  government  of  the  United  States 
certain  tide  lands  hereinafter  described;  and  the  governor  of  the  state  is  hereby 
authorized  and  directed  to  cause  to  be  executed  a  patent  from  the  state  of 
California  conveying  said  lands  to  the  United  States. 

§  2.  The  lands  referred  to  in  section  one  of  this  act  are  located  in  Hum- 
boldt County,  and  described  as  follows:  Beginning  at  the  southwest  corner 
of  the  northwest  quarter  of  section  seven,  township  four,  range  one  west,  Hum- 
boldt meridian,  and  running  north  seven  and  twenty-two  one  hundredths 
chains,  to  the  high-water  line;  thence  north,  sixty-seven  degrees  forty  minutes 
east,  sixteen  and  sixty-one  one  hundredths  chains,  thence  north  fifty-seven 
degrees  west,  nine  chains,  thence  north  seventy-six  degrees  forty  minutes  east, 
t-welve  chains;  thence  south  eighty-four  degrees  fifty-five  minutes  east, 
eleven  chains ;  thence  north  seventy-two  degrees  twenty  minutes  east,  fourteen 
chains ;  thence  south  seventy-three  degrees  thirty-two  minutes  east,  five  chains ; 
thence  south  twenty-two  degrees  fifty-five  minutes  west,  two  chains ;  thence 
south  twenty-six  degrees  twenty-five  minutes  west,  eight  and  fifty  one  hun- 
dredths chains ;  thence  north  thirty-three  degrees  twenty  minutes  west,  to  the 
high-water  line;  thence  north  twenty-three  degrees  seventeen  minutes  east, 
five  and  fifteen  one  hundredths  chains ;  thence  north  fifteen  degrees  west,  four 
and  fifty-four  one  hundredths  chains ;  thence  south  eighty-two  degrees  twenty- 
five  minutes  west,  twenty-five  and  forty-five  one  hundredths  chains,  to  the 
point  of  beginning,  and  containing  twenty-four  and  twenty-five  one  hundredths 
acres,  more  or  less. 

§  3.     This  act  shall  take  effect  immediately. 

See  next  two  following  statutes. 


526  HUMBOLDT    BAY — APPROPRIATIONS     FOR    IMPROVEMENT    OF. 

HUMBOLDT  BAY— BREAKWATER. 

To  grant  to  the  United  States  certain  tide  lands  belonging  to  the  state  of  Cali- 
fornia, for  the  purpose  of  improving  the  harbor  of  Humboldt  Bay. 

(Stats.  1889,  201,  eh.  CLXVI.) 

§  1.  For  the  purpose  of  enabling  the  government  of  the  United  States  to 
construct  a  breakwater,  and  otherwise  improve  the  entrance  to  Humboldt 
Bay,  the  state  of  California  hereby  grants  to  the  government  of  the  United 
States  certain  tide  lands  hereinafter  described ;  and  the  governor  of  the  state 
is  hereby  authorized  and  directed  to  cause  to  be  executed  a  patent  from  the 
state  of  California  conveying  said  lands  to  the  United  States. 

§  2,  The  lands  referred  to  in  section  one  of  this  act  are  located  in  Hum- 
boldt County,  California,  and  described  as  follows:  Beginning  at  a  granite 
monument  marked  U.  S.  E.  1,  on  the  high-water  line  of  the  Pacific  Ocean,  situ- 
ated north  seven  and  twenty-two  hundredths  chains ;  thence  south  sixty-seven 
degrees  forty  minutes  east,  sixteen  and  sixty-one  hundreths  chains;  from  the 
southwest  corner  of  the  northwest  quarter  of  section  seven,  township  four 
north,  range  one  west,  Humboldt  meridian,  and  running  north  fifty-seven  de- 
grees west,  nine  chains;  thence  north  seventy-six  degrees  forty  minutes  east, 
twelve  chains;  thence  south  eighty-four  degrees  fifty-five  minutes  east,  eleven 
chains ;  thence  north  seventy-two  degrees  twenty  minutes  east,  fourteen  chains ; 
thence  south  seventy -three  degrees  thirty-two  minutes  east,  five  chains ;  thence 
south  twenty-two  degrees  fifty -five  minutes  west,  ten  chains;  thence  south 
twenty-six  degrees  twenty-five  minutes  west,  eight  and  fifty  hundredths  chains ; 
thence  north  thirty-three  degrees  twenty  minutes  west,  two  and  eleven  hun- 
dredths chains,  to  a  granite  monument  marked  U.  S.  E.  3 ;  thence  north  twenty- 
three  degrees  seventeen  minutes  east,  five  and  fifteen  hundredths  chains,  to  a 
granite  monument  marked  U.  S.  E.  4;  thence  north  fifteen  degrees  west,  four 
and  fifty-four  hundredths  chains ;  thence  south  eighty-two  degrees  twenty-five 
minutes  west,  twenty-five  and  forty-five  hundredths  chains,  to  the  point  of 
beginning,  and  containing  twenty-four  and  twenty-five  one  hundredths  acres, 
more  or  less. 

§  3.     This  act  shall  take  effect  immediately. 

See  next  following  statute. 

HUMBOLDT  BAY. 

Authorizing  the  governor  and  the  attorney-general  to  purchase  for  the  state  of 
California  certain  lands  in  Humboldt  Bay,  and  making  an  appropriation 
therefor. 

(Stats.  1899,  166,  ch.  CXXXI.) 

§  1.  There  is  hereby  appropriated,  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  the  sum  of  thirteen  thousand  dollars,  to  be  paid  to  the 
governor  and  attorney-general,  and  to  be  expended  by  them,  or  so  much  thereof 
as  may  be  necessary,  in  purchasing  for  the  state  of  California,  and  in  its  name, 
the  following  described  real  property,  to  wit: 

Beginning  at  a  point  twenty  chains  west  of  the  center  of  section  fifteen,  town- 
ship five  north,  of  range  one  west,  Humboldt  base  and  meridian;  thence  south 


I 


HUMBOLDT    BAY— PURCHASE    BV    THE    STATE.  027 

twenty-eight  and  seventy-nine  one  hundredths  chains  to  the  center  of  a 
slough ;  thence  following  the  center  of  said  slough  north  fifty-five  degrees  east, 
one  and  ninety-four  one  hundredths  chains;  north  seventy-three  degrees  east, 
ten  and  sixty  one  hundredths  chains ;  south  eighty-six  and  one  half  degrees  east, 
six  and  fifty-nine  hundredths  chains ;  north  fifty-four  and  one  half  degrees 
east,  two  and  forty-two  one  hundredths  chains,  to  the  west  line  of  the  old  D.  R. 
Jones  property;  thence  south  four  and  fifteen  one  hundredths  chains;  thence 
south  fifty-one  and  one  half  degrees  west,  twenty  and  forty-eight  one  hundredths 
chains,  along  the  back  line  of  the  Excelsior  Redwood  Company;  thence  south 
thirty-eight  and  one  half  degrees  east,  four  and  seventy  one  hundredths 
chains,  to  the  outside  line  of  tide  and  survey  number  sixty-six;  thence  south 
sixty-one  and  one  quarter  degrees  west,  seven  and  seventy-five  one  hundredths 
chains  to  one  eighth  section  line;  thence  south  thirteen  one  hundredths  chains; 
south  seventy-three  and  one  quarter  degrees  west,  five  and  seventy  one  hun- 
dredths chains ;  south  seventy-six  degrees  west,  fifteen  and  ten  one  hundredths 
chains,  to  section  line  and  west  end  of  tide  land  survey  number  sixty-nine; 
thence  north  one  chain ;  thence  south  seventy-six  and  one  half  degrees  west, 
five  and  twenty-three  one  hundredths  chains;  north  forty  and  one  half  degrees 
east,  eleven  and  fifty-two  one  hundredths  chains ;  north  thirty-three  degrees  west, 
two  and  sixty  one  hundredths  chains ;  north  twenty-four  and  three  quarters 
degrees  east,  thirty-two  and  sixty-five  one  hundredtlis  chains ;  north  five  and  one 
half  degrees  east,  five  and  ninety  one  hundredths  chains;  north  thirty-six  and 
one  half  degrees  east,  eight  chains,  to  the  place  of  beginning,  containing  sev- 
enty-nine and  sixty-seven  one  hundredths  acres. 

Also  swamp  and  overflowed  survey  number  one  hundred  and  forty-one. 

Township  five  north,  range  one  west,  Humboldt  meridian.  Island  being  the 
fractional  south  half  of  the  southwest  quarter  and  fractional  southwest  quarter 
of  southeast  quarter  of  section  fourteen,  and  containing  twenty  and  twenty-three 
one  hundredths  acres,  and  more  particularly  described  on  field-notes  as  begin- 
ning at  a  point  fourteen  and  eight  one  hundredths  chains  east  of  the  southwest 
corner  of  section  fourteen,  township  five  north,  range  one  west,  Humboldt 
meridian ;  thence  north  sixty  degrees  east,  fourteen  and  twenty-six  one  hun- 
dredths chains;  north  eighty-one  and  one  half  degrees  east,  thirteen  and  forty- 
five  one  hundredths  chains;  north  forty-one  degrees  east,  six  and  forty  one 
hundredths  chains ;  north  twenty  and  one  half  degrees  east,  four  and  seventy 
one  hundredths  chains ;  north  eighty-five  degrees  west,  twelve  and  sixty-seven 
one  hundredths  chains ;  south  sixty-two  and  one  half  degrees  west,  twelve  and 
ninety  one  hundredths  chains;  south  thirty-three  and  one  half  degrees  west, 
thirteen  and  forty-three  one  hundredths  chains,  to  the  place  of  beginning,  con- 
taining twenty  and  twenty-three  one  hundredths  acres. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw  his  war- 
rant for  the  amount  appropriated  in  section  one  of  this  act  upon  the  execution 
of  deeds  conveying  said  land,  and  the  state  treasurer  is  hereby  directed  to  pay 
the  same. 

§  3.  This  act  shall  take  eifect  and  be  in  force  from  and  after  the  first  day  of 
January,  nineteen  hundred. 


528  HUMBOLDT     COUNTY,    JUDGE} — HUNTING    ON    PRIVATE    PROPERTY. 

HUMBOLDT  COUNTY— JUDGE. 

To  provide  for  the  appointment  and  election  of  one  additional  judge  for  the 

county  of  Humboldt. 
(Stats.  1895,  27,  ch.  XIX.) 

§  1.  Within  ten  days  after  the  passage  of  this  act  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Humboldt,  who 
shall  hold  office  until  the  first  Monday  after  the  first  day  of  January,  anno 
Domini  eighteen  hundred  and  ninety-seven ;  and  at  the  next  general  election, 
and  at  the  general  election  every  six  years  thereafter,  one  judge  of  said  court 
in  addition  to  the  present  number  provided  by  law  for  said  county  shall  be 
elected,  to  hold  office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  2.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and 
shall  be  paid  at  the  same  time  and  in  the  same  manner  as  that  of  the  other 
judge  of  the  superior  court  of  said  county  now  authorized  by  law. 

§  3.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

As  to  Humboldt  County,  see  tits.  Hunting  on  Private  Property;  Mad  River. 

HUNTING— PRIVATE  PROPERTY. 

To  prevent  hunting  and  shooting  on  private  inclosed  grounds,  and  the  destruc- 
tion of  growing  timber  on  private  grounds  in  certain  counties  in  this  state. 

(Stats.  1871-2,  304,  ch.  CCXXVII;  amended  1873-4,  792,  ch.  DLVIII.) 

§  1.  It  shall  not  be  lawful  for  any  person  or  persons  to  enter  upon  any 
inclosed  lands  belonging  to  or  occupied  by  another  for  the  purpose  of  hunting 
with  dogs,  or  to  shoot,  kill,  take,  or  destroy  any  kind  of  game,  or  to  enter  upon 
private  lands,  whether  inclosed  or  not,  for  the  purpose  of  felling  or  destroying 
trees  to  extract  honey  or  [for]  other  purposes,  without  first  having  obtained 
permission  from  the  owner  or  agent  of  such  owner  or  possessor. 

§  2.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  upon  conviction  by 
a  fine  of  not  less  than  ten  (10)  dollars  nor  more  than  two  hundred  (200)  dol- 
lars, or  imprisonment  in  the  county  jail  for  a  term  of  thirty  days,  or  by  both 
such  fine  and  imprisonment. 

§  3.  This  act  shall  apply  only  to  the  counties  of  Alameda,  San  Mateo,  Marin, 
San  Bernardino,  San  Diego,  Colusa,  Sacramento,  Sonoma,  Nevada,  Humboldt, 
Los  Angeles,  Santa  Barbara,  Contra  Costa,  San  Luis  Obispo,  and  Mendocino. 
[Amendment,  Stats.  1873-4,  792.] 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

See    tits.    Fences;   Huntin|>r;   Fire — Contig-  It   may  be  that   the   statutes   are   repealed 

uous  Owners;  Fire  on  Public  Lands.  by    Implication. — See    Stephens    vs.    Southern 

The    statute    of    1875-6,    408,    relating    to  Pac.  Co.,  109  Cal.  86,  95,  50  Am.  St.  Rep.   17, 

camp-flres    and    hunting    on    private    prop-  41    Pac.    Rep.    783,    29   L.   R.   A.    751;    and   see 

erty,     and    1891,     473,     relating     to     fire     on  Seabridge  vs.  McAdam,  108  Cal.   345,  347,   41 

contiguous     property,     were     partly     If    not  Pac,  Rep.   409. 

entirely    carried     into    the    Penal    Code    by  Damages.— See   KERR'S   CYC.   CIV.   CODE 

Stats.    1905,    758.      See    KERR'S    CYC.    PEN.  §  3346,  and  KERR'S  CYC.  CODE  CIV.  PROC. 

CODE  §§  384a,  384b,  and  384c.  §  733. 

ICE. 

See  tit.  State  Board  Health. 


IIVD£:X    TO    LAWS— INDIGENT    PERSONS.  620 

IDIOTS. 

See  tit.  Children— Feeble-Minded. 

ILL-FAME— HOUSES  OF. 

See  tits.  Asiatics;  Married  Women;  Prostitution. 

See  KERR'S  CYC.  PEN.  CODE  §  315;  Stats.  1873-4,  84. 

INCLOSED  PROPERTY. 

V 

See  tits.  Fences;  Fire;  Hunting. 

INDEX  TO  LAWS  OF  CALIFORNIA. 

Authorizing  the  superintendent  of  state  printing  to  have  prepared  and  printed 

an  index  to  all  the  laws  of  California,  1850-1893. 

(Stats.  1893,  150,  ch.  CXXXVI.) 

§  1.  The  superintendent  of  state  printing  is  hereby  authorized  and  directed 
to  have  prepared  and  printed  a  complete  index  to  all  the  laws  of  California, 
eighteen  hundred  and  fifty  to  eighteen  hundred  and  ninety-three,  both  dates 
inclusive. 

§  2.  There  shall  be  printed  the  same  number  of  copies  of  the  index  as  is 
printed  of  the  statutes  of  California,  and  the  distribution  and  sale  of  the  same 
shall  be  made  under  the  laws  governing  the  distribution  and  sale  of  the  statutes 
of  California. 

§  3.  The  cost  of  compilation  and  printing  of  the  index  shall  be  paid  out 
of  the  appropriation  made  for  the  support  of  the  state  printing  office. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

INDIANS. 

Reference  Is  here  made  to  certain  legisla-  Sale  of  liquor  to. — See  KERR'S  CYC.  PEN. 

lion,   some   of   which   does  not   appear   to  be  CODE  §  397. 

specificany  repealed. — Stats.   1850,   408;   1855,  As  to  vagrants,  see  Id.  §647. 

179;  1860,  196;  1863,  743,  755.     See  People  vs.  Sale   of   arms   to. — 1854,    24.      See   KERR'S 

Antonio,  27  Cal.  404.  CYC.  PEN.   CODE   §  398, 

INDIAN  RESERVATIONS. 

See  tit.  Lands. 

INDIGENT  PERSONS. 

To  provide  for  the  maintenance  and  support,  in  certain  eases,  of  indigent,  in- 
competent, and  incapacitated  persons  (other  than  persons  adjudged  insane 
and  confined  within  state  hospitals),  becoming  a  public  charge  upon  the 
counties,  or  cities  and  counties,  within  the  state  of  California,  and  for 
the  payment  thereof  into  a  fund  for  the  maintenance  and  support  of  such 
persons.  (g^^^g   190i^  636^  ch.  CCX.) 

§  1.     Every  county  and  every  city  and  county  shall  relieve  and  support  all 
pauper,  incompetent,  poor,  indigent  persons  and  those  incapacitated  by  age, 
disease,  or  accident,  lawfully  resident  therein,  when  such  persons  are  not  sup- 
Gen.  Laws — 34 


r>30  INDIGENT    PERSONS — MAINTENANCE     AND     SUPPORT. 

ported  and  relieved  by  their  relatives  or  friends,  or  by  their  own  means,  or  by 
state  hospitals  or  other  state  or  private  institutions. 

§  2.  The  term  residence  as  used  in  this  act  shall  be  taken  to  mean  and  shall 
be  considered  to  mean  the  actual  residence  of  each  of  such  persons,  or  the  place 
where  each  such  person  was  employed,  or  in  case  such  person  was  in  no  employ- 
ment, then  it  shall  be  considered  and  held  to  be  the  place  where  such  person  made 
his  or  her  home,  or  his  or  her  headquarters. 

§  3.  Every  person,  firm  or  corporation,  or  the  officers,  agents,  servants,  or 
employees  of  any  person,  firm  or  corporation,  bringing  into  or  leaving  within,  or 
procuring  the  bringing  into  or  the  leaving  within,  or  aiding  in  the  bringing  into 
or  the  leaving  within,  of  any  pauper  or  poor  or  indigent  or  incapacitated  or  in- 
competent person  as  hereinbefore  mentioned,  in  any  county  or  city  and  county 
in  the  state  of  California,  Avherein  such  person  is  not  lawfully  settled  or  not 
lawfully  residing  as  herein  defined,  knowing  him  to  be  such  pauper,  poor, 
indigent,  or  incapacitated  or  incompetent  person,  shall  be  guilty  of  a  mis- 
demeanor. 

§  4.  If  any  person  shall  become  chargeable  as  a  pauper,  or  poor,  or  indigent, 
or  incapacitated,  or  incompetent  person  as  herein  designated,  in  any  county,  or 
city  and  county,  who  did  not  reside  therein  (as  herein  specified)  at  the  com- 
mencement of  three  months  immediately  preceding  his  becoming  so  chargeable, 
but  did  at  that  time  reside  (as  herein  specified)  in  some  other  county,  or  city  and 
county  in  this  state,  it  shall  be  the  duty  of  the  county  clerk  of  said  first-mentioned 
county  or  city  and  county  to  send  written  notice  by  mail  or  otherwise  to  the 
county  clerk  of  the  county  or  city  and  county  in  which  such  person  so  resided, 
requesting  the  proper  authorities  of  such  county  or  city  and  county  to  remove 
such  person  forthwith,  and  to  pay  the  expenses  accruing  or  to  accrue,  in  taking 
care  of  such  person;  and  such  county  or  city  and  county,  wherein  such  person 
resided  at  the  commencement  of  the  three  months  immediately  preceding  such 
person's  becoming  chargeable  as  a  poor,  indigent,  or  incapacitated,  or  incom- 
petent person  as  herein  designated,  shall  pay  to  the  county  or  city  and  county  so 
taking  care  of  such  person  all  reasonable  charges  for  the  same,  and  such  amount 
may  be  recovered  by  suit  in  any  court  of  competent  jurisdiction  by  such  county 
or  city  and  county. 

§  5.  It  shall  be  the  duty  of  the  superintendent  of  any  county  hospital  or 
almshouse  in  any  county  or  city  and  county  in  this  state,  or  his  subordinates, 
immediately  upon  receiving  any  person  into  such  hospital  or  almshouse  as  a 
public  charge,  such  person  being  poor,  indigent,  or  incapacitated,  or  incompetent 
as  herein  defined,  or  any  registrar  of  charities  or  of  any  charity  supported  by 
public  funds  or  aided  in  part  by  public  funds,  aiding  such  person,  to  make  dili- 
gent inquiry  into  the  ability  of  such  person  or  of  his  relatives  as  hereinafter 
mentioned  to  bear  the  actual  charges  and  expenses  of  the  maintenance  and  sup- 
port of  such  person,  and  to  forthwith  notify  the  district  attorney  of  such  county 
or  city  and  county,  or  the  city  and  countj^  attorney  thereof,  and  the  board  of 
supervisors  of  such  county  or  city  and  county,  of  the  result  of  such  inquiry. 

§  6.  In  case  such  person  shall  be  or  shall  thereafter  become  the  owner  of 
property,  real,  personal,  or  mixed,  it  shall  be  the  duty  of  the  district  attorney  of 
the  county,  or  city  and  county,  or  the  city  and  county  attorney  thereof,  in  which 


INDIGENT    PERSONS — MAINTENANCE     AND     SUPPORT.  531 

such  person  shall  become  a  public  charge,  in  whole  or  in  part,  to  cause  the  entire 
or  partial  support  as  hereinafter  provided  to  be  fixed,  of  such  person  to  be  made 
out  of  such  property,  and  to  that  end  shall  procure  by  suit  or  otherwise  the 
assignment  and  payment  for  such  purpose  of  all  annuities  and  pensions;  and 
in  case  such  person  shall  be  incompetent  or  a  minor,  within  the  provisions  of 
the  codes  relating  to  the  guardianship  of  the  persons  and  estates  of  incompetent 
persons  and  minors,  it  shall  be  the  duty  of  the  district  attorney  of  such  county, 
or  city  and  county,  or  the  city  and  county  attorney  thereof,  to  apply  to  the 
proper  court  for  the  appointment  of  a  general  guardian  of  the  person  and  estate 
or  either,  of  such  person  or  minor.  Such  application  and  appointment  shall  be 
made  in  the  manner  as  provided  by  the  codes  of  this  state  for  the  application  for 
the  appointment  of  guardians  of  infants  and  incompetent  persons,  and  all  pro- 
ceedings thereunder,  except  as  herein  expressly  declared  otherwise,  shall  be  in 
accordance  with  such  provisions  of  said  codes,  and  the  public  support  of  such 
minor  or  such  incompetent  shall  be  deemed  one  of  the  grounds  for  which  an 
application  may  be  made  on  behalf  of  such  person  for  the  sale  of  his  property, 
as  in  the  Code  of  Civil  Procedure  provided.  From  the  proceeds  of  the  property 
of  said  person  or  from  such  other  funds  as  such  guardian  may  obtain,  or  from 
such  funds  as  the  district  attorney  of  the  county,  or  the  city  and  county,  or  the 
city  and  county  attorney  thereof,  may  be  able  to  collect,  there  shall  be  paid  into 
the  county  treasury  of  the  county,  the  sum  per  month  fixed  by  the  board  of 
supervisors  of  such  county  or  city  and  county,  quarterly  in  advance,  for  the 
maintenance  and  support  of  any  such  person  or  pauper;  and  there  shall  also 
be  paid  out  of  the  proceeds  of  such  sale  or  such  other  funds,  such  clothing  and 
other  supplies  as  may  have  been  furnished  to  such  person  or  pauper. 

If  any  pauper,  indigent,  poor,  incompetent  or  incapacitated  person  has  kindred 
of  the  degree  of  husband,  wife,  children  (other  than  minors),  father  or  mother, 
brother  or  sister,  grandchildren,  or  grandparents  living  within  this  state,  of 
sufficient  pecuniary  ability,  such  kindred  in  the  order  above  named  shall  support 
such  person  by  paying  into  the  county  treasury  of  such  county,  the  sum  per 
month  fixed  on  by  the  board  of  supervisors,  quarterly  in  advance,  for  the  main- 
tenance and  support  of  such  pauper,  indigent  poor,  incompetent  or  incapacitated 
person,  and  shall  in  the  order  above  named,  also  pay  for  the  clothing  and  other 
supplies,  if  any,  furnished  to  such  person.  And  if  it  shall  be  that  the  relatives 
liable  as  aforesaid  are  not  of  sufficient  ability  wholly  to  maintain  such  poor 
person  or  pauper,  but  are  able  to  contribute  something,  they  shall  be  required  to 
pay  a  sum  in  proportion  to  their  ability. 

§  7.  Upon  the  failure  on  the  part  of  said  kindred  to  perform  such  duty,  an 
action  shall  be  brought  by  the  district  attorney  of  the  county  or  the  city  and 
county,  or  the  city  and  county  attorney  thereof,  in  the  name  of  the  county  or 
city  and  county,  against  said  kindred  in  the  order  above  named.  And  such  action 
shall  be  prosecuted  as  are  all  other  actions  for  the  recovery  of  money  in  this  state. 

§  8.  If  there  be  in  the  hands  of  any  guardian  of  any  such  person  or  in  the 
hands  of  any  officer  of  said  county  upon  the  discharge  or  death  of  said  person, 
any  funds,  the  same  shall  be  refunded  after  the  payment  of  all  the  claims  of  the 
said  county  or  city  and  county  thereon  and  of  the  funeral  expenses,  in  case  of 
death  of  such  person. 

§  9.     All  moneys  derived  in  accordance  with  the  provisions  of  this  act  shall 


532 


INSANE    ASYLUMS— HISTORY     OF    LEGISLATION. 


be  paid  into  such  fund  of  the  county  or  city  and  county  as  is  used  for  the  sup- 
port and  furtherance  of  the  care  of  the  persons  herein  referred  to. 
S  10.     This  act  shall  take  effect  immediately. 


The  statute  of  1883,  380,  ch.  XCVI,  on  this 
subject  was  repealed  by  Stats.  1895,  23.  The 
following  decisions  are  noted  respecting  the 
former  statute:  San  Francisco  vs.  Dunn, 
69  Cal.  73,  74,  10  Pac.  Rep.  191;  County  Yolo 
vs.  Dunn,  77  Cal.  133,  134,  19  Pac.  Rep.  262; 


Orange  County  vs.  Los  Angeles  County,  114 
Cal.  390,  395,  46  Pac.  Rep.  173;  Power  vs. 
May,  123  Cal.  147,  151,  55  Pac.  Rep.  796. 

The  present  statute  of  1901  is  cited  in 
People  vs.  Shearer,  143  Cal.  66,  69,  70,  76 
Pac.   Rep.   813. 


INFANTS. 
See  tits.  Children;  Blindness  in  Infants. 

INJUNCTION. 

See  tit.  Employers  and  Employees. 

INNKEEPERS. 
See  tits.  Children;  Gas;  Intoxicating  Liquors;  Lodging-Houses. 


INSANE  ASYLUMS. 


AN  ASYLUM  FOR  INSANE  was  established 
at  Stockton  by  Stats.  1853,  203.  Another 
was  established  at  Napa  by  Stats.  1871-2, 
673;  another  at  Agnews  by  Stats.  1885,  35; 
another  at  Mendocino  by  Stats.  1889,  25,  and 
a  fifth  near  San  Bernardino,  in  Southern 
California,  by  Stats.  1889,  120.— The  New- 
port etc.  Co.  vs.  Drew,  125  Cal.  585,  592, 
58  Pac.   Rep.   187. 

Much  of  the  subject  was  carried  into  the 
Political  Code,  tit.  V,  ch.  I,  although  the 
several  acts  establishing  the  several  insti- 
tutions and  the  necessary  appropriations 
for  furnishing  and  maintaining  them  occupy 
a  conspicuous  space  in  the  legislation  of 
the  past  thirty  years. 

In  1897  (Stats,  pp.311-333)  a  uniform  sys- 
tem for  the  management  of  those  institu- 
tions was  provided.  That  statute  was  under 
review  by  the  supreme  court  in  the  follow- 
ing cases:  Sees.  13,  14,  art.  Ill,  and  ch.  "VI, 
tit.  X,  pt.  II  of  Penal  Code,  §§  1367-1373, 
involving  inquiry  into  the  sanity  of  a  per- 
son charged  with  crime,  in  Gardner  vs. 
Jones,  126  Cal.  614,  59  Pac.  Rep.  126;  In  re 
Buchanan,  129  Cal.  330,  332,  61  Pac.  Rep. 
1120,  50  L.  R.  A.  378;  Matter  of  Robinson, 
138  Cal.  491,  71  Pac.  Rep.  690;  Matter  of 
Everett,  138  Cal.  490,  71  Pac.  Rep.  566. 

Local  trustees  were  held  not  abolished  by 
the  Statute  of  1897,  by  which  such  boards 
are  designated  as  "managers,"  and  the  right 
to  bring  actions  for  recovery  of  sums  due 
the  institutions,  under  §  13  of  art.  II  of  the 
Stats.  1897,  and  §§  8,  9  of  Stats.  1889,  329, 
is  reviewed  in  Napa  State  Hospital  vs. 
Flaherty,  134  Cal.  315,  66  Pac.  Rep.  322; 
Napa  State  Hospital  vs.  Yuba  County,  138 
Cal.  378,  71  Pac.  Rep.   450. 

In  Matter  of  Lambert,  134  Cal.  626,  86 
Am.  St.  Rep.  296,  66  Pac.  Rep.  851,  55  L.  R. 
A.  856,  it  Is  held  that  the  provisions  of 
article  III  of  the  Statute  of  1897,  in  so  far  as 


they  purport  to  authorize  the  arrest  and 
detention  of  a  person  on  a  charge  of  in- 
sanity without  providing  a  hearing  to  such 
person,  are  unconstitutional. 

In  Sponogle  vs.  Curnow,  136  Cal.  580, 
69  Pac.  Rep.  255,  it  was  held  that  the  stat- 
ute of  1897  was  designed  as  a  complete 
revision  and  substitute  for  all  previous 
acts  relating  to  the  same  subject,  and  that 
no  term  of  office  having  been  fixed  for  the 
office  of  medical  superintendent,  the  board 
of  managers  had  power,  under  section  16 
of  article  XX  of  the  constitution  to  remove 
a  superintendent  at  its  pleasure.  Upon  the 
language  of  this  decision  it  will  be  assumed 
that  the  new  act  of  1903  (Stats,  pp.  485-514), 
repealing  the  statute  of  1897,  is  now  the 
law  governing  tlie  subject  of  insane.  Fol- 
lowing is  its  title:  "To  repeal  chapter  I  of 
title  V  of  part  III  of  the  Political  Code,  and 
to  substitute  therefor  a  new  chapter  I,  to 
define  the  powers  and  duties  of  the  state 
commission  in  lunacy,  to  provide  for  the 
government  and  management  of  state  hos- 
pitals for  the  insane  and  other  incompetent 
persons,  and  to  provide  for  the  care,  cus- 
tody, apprehension,  commitment,  and  main- 
tenance of  insane  and  other  incompetent 
persons  and  escapes."  Stats.  1903,  485,  ch. 
CCCLXIV:  Watt  vs.  Smith  (pay  patients), 
89  Cal.  602,  603,  26  Pac.  Rep.  1071;  Napa 
State  Hospital  vs.  Flaherty,  134  Cal  315, 
316,  66  Pac.  Rep.  322;  Kellogg  vs.  Cochran, 
87  Cal.  192-198,  25  Pac.  Rep.  677.  12  L.  R.  A. 
104;  Ex  parte  "Whitwell,  98  Cal.  73,  80,  35 
Am.  St.  Rep.  152,  32  Pac.  Rep.  870,  19  L.  R. 
A.   727;   People  vs.  Geiger,   116   Cal.   440,   441, 

48    Pac.    Rep.    389.      See   KERR'S    CYC.    POL. 

CODE     §§  2136-2199,     as     amended     in     1903. 

Stats,   p.    485.      And  compare   §  2189,   KERR'S 

CYC.  POL.   CODE,  and   §  1766,  KERR'S   CYC. 

CODE    CIV.    PROC,    and    Stats.    1900-1,    639, 

following  this  note. 


insane:    persons— restoration    to    capacity,  633 

INSANE— RESTORATION. 

To  provide  for  restoration  to  capacity  of  persons  adjudged  to  be  insane,  who 
have  no  guardians  and  who  are  not  confined  at  state  hospitals  for  the  insane. 

(Stats.  1901,  639,  ch.  CCXI.) 

§  1.  Whenever  any  person  duly  adjudged  to  be  insane  has  been  duly  com- 
mitted to  a  state  hospital  for  the  insane  under  the  provisions  of  any  law  of  this 
state,  and  for  whom  no  guardian  has  been  appointed,  and  who  is  absent  from  the 
hospital  to  which  he  was  committed  or  transferred  under  the  order  of  com- 
mitment, on  parole  or  leave  of  absence  granted  by  the  medical  superintendent 
thereof,  or  who  has  been  discharged  therefrom  as  improved  by  said  superin- 
tendent as  provided  by  subdivision  two,  section  fourteen,  article  three,  of  the 
insanity  law  of  California,  approved  March  thirty-first,  eighteen  hundred  and 
ninety-seven,  is  desirous  of  being  declared  sane  and  restored  to  legal  capacity, 
said  insane  person  or  a  relative  or  friend  on  his  behalf  may  make  application  in 
writing  to  said  medical  superintendent  to  be  declared  sane.  On  receiving  such 
application,  said  medical  superintendent  may  make  such  examination  of  such 
person  and  require  such  proof  as  he  may  reasonably  deem  necessary  to  determine 
whether  or  not  such  person  is  sane.  For  the  purpose  of  making  such  examina- 
tion said  superintendent  may  also  require  said  person  to  present  himself  at  the 
hospital  for  examination.  If  on  making  such  examination  and  receiving  such 
proofs  as  he  deems  reasonably  necessary  said  medical  superintendent  shall  be 
satisfied  that  said  person  is  sane  and  has  recovered  his  reason,  said  medical  super- 
intendent shall  issue  to  said  person  his  certificate  that  such  person  is  sane,  and 
recovered  and  restored  to  reason.  A  copy  thereof,  duly  certified,  shall  be  immedi- 
ately forwarded  to  the  state  commission  in  lunacy,  who  shall  file  the  same  in  their 
office.  A  copy  thereof  shall  also  be  filed  at  said  hospital  and  a  proper  record 
made  thereof. 

§  2.  If  said  medical  superintendent  is  unwilling  or  refuses,  however,  to  issue 
a  certificate  of  recovery  upon  application  as  in  section  one  provided,  he  shall 
so  certify  in  writing,  giving  his  reasons  therefor,  and  said  insane  person  or  a 
relative  or  friend  in  his  behalf  may  make  application,  by  petition  duly  verified, 
to  a  judge  of  the  superior  court  of  the  county  where  such  insane  person  resides 
to  be  declared  sane.  Notice  of  the  hearing  of  said  application  shall  be  given  in 
the  manner  directed  by  a  judge  of  said  court,  to  said  medical  superintendent, 
and  to  such  relative  or  relatives  of  such  insane  person  residing  in  the  county 
as  the  judge  may  direct,  who  may  have  opportunity  to  appear  and  be  heard  on 
the  hearing  of  said  application.  Such  hearing  shall  be  conducted  as  are  civil 
cases,  and  on  demand  of  the  petitioner  the  question  of  the  insanity  of  such  person 
may  be  tried  by  a  jury,  as  in  civil  cases.  If  on  the  hearing  of  said  application 
the  court  is  satisfied  from  the  proofs  produced  or  if  a  jury  trial  is  had,  and  the 
jury  shall  render  a  verdict  that  such  person  is  sane,  the  court  shall  by  order 
adjudge  such  person  to  be  sane.  Said  order  shall  be  filed  and  recorded  in  the 
office  of  the  county  clerk  and  certified  copies  thereof  shall  be  sent  bj^  said  clerk 
and  filed  with  the  state  commission  in  lunacy  and  also  with  the  superintendent 
of  the  hospital  from  which  said  insane  person  was  paroled,  granted  leave  of 
absence,  or  discharged  as  improved.  If  said  matter  is  tried  by  a  jury  the  cause 
against  said  insane  person  shall  be  represented  by  the  district  attorney  of  the 


534  INSANE     PERSONS — RESTORATION     TO     CAPACITY. 

county.  From  a  decision  of  the  court  or  verdict  of  the  jury  finding  the  said  per- 
son insane  an  appeal  may  be  taken  as  in  civil  cases.  If  three  fourths  of  the  jury 
fail  to  declare  .said  person  sane,  or  the  court  or  the  jury  shall  find  such  person  to 
be  insane,  said  proceeding  shall  be  dismissed  and  no  new  application  to  declare 
such  person  sane  shall  be  made  for  six  months  thereafter. 

§  3.  AVhenever  any  person  who  has  been  adjudged  to  be  insane,  who  has  not 
been  committed  to  a  state  hospital  for  the  insane,  and  who  has  no  guardian,  and 
who  is  desirous  of  being  declared  sane  and  restored  to  legal  capacity,  said  insane 
person  or  a  relative  or  friend  on  his  behalf  may,  by  petition  duly  verified,  make 
application  to  a  judge  of  the  superior  court  where  he  resides  to  be  declared  sane ; 
said  judge  shall  fix  a  time  for  the  hearing  of  said  application,  and  he  may,  by 
order,  direct  that  notice  of  said  hearing  be  given  in  the  manner  and  to  such 
relative  or  relatives  of  said  person  residing  in  the  county  where  such  application 
is  made,  as  the  judge  may  direct,  who  shall  have  opportunity  to  appear  and  be 
heard  at  said  hearing.  Such  hearing  shall  be  conducted  as  are  civil  cases,  and 
on  demand  by  the  petitioner  may  be  tried  before  a  jury  as  are  civil  cases.  If 
on  said  hearing  the  decision  of  the  court  or  the  verdict  of  the  jury  is  that  such 
person  is  insane,  an  appeal  may  be  taken  to  the  supreme  court  as  in  civil  cases. 
If  the  court  shall  decide  or  the  jury  shall  render  a  verdict  declaring  said  person 
to  be  sane,  the  court  shall  make  an  order  declaring  said  person  to  be  sane.  If 
three  fourths  of  the  jury  fail  to  unite  in  a  verdict,  or  the  court  or  jury  shall 
decide  that  such  person  is  insane,  such  proceeding  shall  be  dismissed,  and  no  new 
application  to  have  such  person  declared  sane  shall  be  made  for  six  months 
thereafter. 

§  4.  Before  any  order  is  made  or  any  proceedings  are  taken  for  a  trial  by 
jury,  the  person  demanding  the  same  shall  make  a  deposit,  or  give  a  bond,  to  be 
approved  by  a  judge  of  the  superior  court  where  proceedings  are  had,  for  the 
payment  of  all  costs  of  such  trial,  unless,  in  the  opinion  of  said  judge,  the  insane 
person  in  whose  behalf  said  trial  is  demanded  is  a  poor  or  indigent  person. 

§  5.  The  certificate  of  recovery  by  the  medical  superintendent,  the  order  of 
the  judge  or  the  verdict  of  a  jury  and  the  order  of  the  judge  as  in  this  act 
provided,  shall  have  the  same  legal  effect  as  a  discharge  as  recovered  made  under 
the  provisons  of  subdivision  one  of  section  fourteen,  article  three  of  the  insanity 
law  of  eighteen  hundred  and  ninety  seven,  and  shall  be  prima  facie  evidence  of 
the  sanity  of  such  person. 

§  6.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed, 

§  7.     This  act  shall  take  effect  immediately. 

INSECTS— PESTS. 

See  tits.  County  Government  Act  1897  (subd.  26,  §25);  Horticulture;  Paris 
Green;  University  of  California;   Viticultural  Commission. 


INSOLVENCY    L,A>V — VOLUNTARY    INSOLVENCY.  C35 

INSOLVENCY. 

For  the  relief  of  insolvent  debtors,  for  the  protection  of  creditors,  and  for  the 
punishment  of  fraudulent  debtors. 

(Stats.  1895,  131,  ch.  CXLIII;  amended  1897,  35,  ch.  XXXVIIL) 

ARTICLE  I. 
General  Subject  of  the  Act, 
§  1.     Every  insolvent  debtor  may,  upon  compliance  with  the  provisions  of 
this  act,  be  discharged  from  his  debts  and  liabilities.    This  act  shall  be  known  and 
may  be  cited  as  the  Insolvent  Act  of  eighteen  hundred  and  ninety-five. 

ARTICLE  II. 

Voluntary  Insolvency. 
§  2.  An  insolvent  debtor,  owing  debts  exceeding  in  amount  the  sum  of  three 
hundred  dollars,  may  apply  by  petition  to  the  superior  court  of  the  county,  or 
city  and  county,  in  which  he  has  resided  for  six  months  next  preceding  the  filing 
of  his  petition,  to  be  discharged  from  his  debts  and  liabilities.  In  his  petition 
he  shall  set  forth  his  place  of  residence,  his  inability  to  pay  all  his  debts  in  full, 
his  willingness  to  surrender  all  his  estate  and  effects  for  the  benefit  of  his  cred- 
itors, and  his  desire  to  obtain  a  discharge  from  his  debts  and  liabilities,  and 
shall  annex  thereto  a  schedule  and  inventory,  and  valuation,  in  compliance  with 
the  provisions  of  this  act.  The  filing  of  such  petition  shall  be  an  act  of  in- 
solvency, and  thereupon  such  petitioner  shall  be  adjudged  an  insolvent  debtor. 

§  3.  Said  schedule  must  contain  a  full  and  true  statement  of  all  his  debts  and 
liabilities,  exhibiting  to  the  best  of  his  knowledge  and  belief  to  whom  said  debts 
or  liabilities  are  due,  the  place  of  residence  of  his  creditors,  and  the  sum  due 
each;  the  nature  of  the  indebtedness  or  demand,  whether  founded  on  written 
security,  obligation,  contract,  or  otherwise;  the  true  cause  and  consideration 
thereof,  and  the  time  and  place  when  and  where  such  indebtedness  accrued,  and 
a  statement  of  any  existing  pledge,  lien,  mortgage,  judgment,  or  other  security 
for  the  payment  of  the  same;  also,  an  outline  of  the  facts  touching  any  liability, 
directly  or  indirectly,  in  the  nature  of  any  right  of  action  against  the  insolvent 
by  any  one. 

§  4.  Said  inventory  must  contain  an  accurate  description  of  all  the  estate, 
both  real  and  personal,  of  the  petitioner,  including  his  homestead,  if  any,  and 
all  property  exempt  by  law  from  execution,  and  where  the  same  is  situated,  and 
all  encumbrances  thereon ;  also,  an  outline  of  the  facts  touching  any  right  of 
action  in  favor  of  the  insolvent  against  any  one. 

§  5.  The  petition,  schedule,  and  inventory  must  be  verified  by  the  affidavit 
of  the  petitioner  annexed  thereto,  and  shall  be  in  form  substantially  as  follows : 

I, ,  do  solemnly  swear  that  the  schedule  and  inventory  now  delivered  by 

me  contain  a  full,  perfect,  and  true  discovery  of  all  the  estate,  real,  personal,  and 
mixed,  goods  and  effects,  to  me  in  any  way  belonging;  all  such  debts  as  are  to 
me  owing,  or  to  any  person  or  persons  in  trust  for  me,  and  all  securities  and 
contracts,  and  contracts  whereby  any  money  may  hereafter  become  payable, 
or  any  benefit  or  advantage  accrue  to  me  or  to  my  use,  or  to  any  other  person  or 
persons  in  trust  for  me;  that  the  schedule  and  inventory,  respectively,  contain 


536  INSOLVENCY    LAW— VOLUNTARY    INSOLVENCY. 

a  clear  outline  of  the  facts  touclimg  any  known  right  of  action  against  me  by 
any  one,  and  an  outline  of  the  facts  touching  all  rights  of  action  in  my  favor 
against  any  one;  that  I  have  no  lands,  money,  stock,  or  estate,  reversion,  or  ex- 
pectancy, besides  that  set  forth  in  my  schedule  and  •  inventory ;  that  I  have  in 
no  instance  created  or  acknowledged  a  debt  for  a  greater  sum  than  I  honestly 
and  truly  owe ;  that  I  have  not,  directly  or  indirectly,  sold,  or  otherwise  disposed 
of,  or  concealed,  any  part  of  my  property,  effects,  or  contracts ;  that  I  have  not 
in  any  way  compounded  with  my  creditors  whereby  to  secure  the  same,  or  to 
receive  or  to  expect  any  profit  or  advantage  therefrom,  or  to  defraud  or  deceive 
any  creditor  to  whom  I  am  indebted  in  any  manner.     So  help  me  God. 

§  6.  Upon  receiving  and  tiling  such  petition,  schedule,  and  inventory,  the 
court  shall  make  an  order  declaring  the  petitioner  insolvent,  and  directing  the 
sheriff  of  the  county,  or  city  and  county,  to  take  possession  of  all  the  estate,  real 
and  personal,  of  the  debtor,  except  such  as  may  be  by  law  exempt  from  execution, 
and  of  all  his  deeds,  vouchers,  books  of  account,  and  papers,  and  to  keep  the 
same  safely  until  the  appointment  of  an  assignee.  Said  order  shall  further 
forbid  the  payment  of  any  debts  and  the  delivery  of  any  property  belonging  to 
such  debtor,  to  him,  or  for  his  use,  and  the  transfer  of  any  property  by  him ;  and 
shall  further  appoint  a  time  and  place  for  a  meeting  of  the  creditors,  to  prove 
their  debts  and  choose  an  assignee  of  the  estate,  and  shall  designate  a  newspaper 
of  general  circulation  published  in  the  county,  or  city  and  county,  in  which  the 
petition  is  filed,  if  there  be  one,  and  if  there  be  none,  in  a  newspaper  published 
nearest  to  such  county,  or  city  and  county,  in  which  publication  of  such  order 
shall  be  made.  The  time  appointed  for  the  election  of  an  assignee  shall  not  be 
less  than  eight  nor  more  than  ten  days  from  the  date  of  the  order  of  adjudication. 
Upon  the  granting  of  said  order,  all  proceedings  against  the  said  insolvent  shall 
be  stayed.  When  a  receiver  is  appointed  or  an  assignee  chosen,  as  provided  for  in 
this  act,  the  sheriff  shall  thereupon  deliver  to  such  receiver  or  assignee,  as  the 
case  may  be,  all  the  property  and  assets  of  the  insolvent  which  have  come  into 
his  possession,  and  shall  be  allowed  and  paid  as  compensation  for  his  services 
the  same  expenses  and  fees  as  would  by  law  be  collectable  if  the  property  had 
been  levied  upon  and  safely  kept  under  attachment. 

§  7,  A  copy  of  said  order  shall  immediately  be  published  by  the  clerk  of 
said  court,  in  a  newspaper  designated  therein,  as  often  as  said  newspaper  is 
printed  before  the  meeting  of  creditors,  and  be  served  by  the  clerk  forthwith 
by  the  United  States  mail,  postage  prepaid,  or  personally,  on  all  creditors 
named  in  the  schedule.  There  shall  be  deposited  in  addition  to  the  usual  cost 
of  commencing  such  proceedings  a  sum  of  money  sufficient  to  defray  the  cost 
of  the  publication  ordered  by  the  court,  and  ten  cents  for  each  copy,  to  be 
mailed  to  or  served  on  the  creditors,  which  latter  sum  is  hereby  constituted 
the  legal  fee  of  the  clerk  for  the  mailing  or  service  required  in  this  section. 

§  8.  No  claim  shall  be  entitled  to  a  vote  for  the  election  of  an  assignee, 
unless  such  claim  shall  be  placed  on  file  in  the  office  of  the  clerk  of  the  court 
in  which  the  proceedings  are  pending,  at  least  two  days  prior  to  the  time  ap- 
pointed for  the  election  of  an  assignee.  All  claims  shall  be  established  by  a 
statement,  showing  the  amount  and  nature  of  the  claim,  and  security,  if  any; 
such  statement  to  be  verified  by  the  claimant,  his  agent  or  attorney;  provided, 


INSOLVENCY     LAW — INVOLUNTARY     INSOLVENCY.  53T 

no  claim  barred  by  the  statute  of  limitations  shall  be  proved  or  allowed  against 
the  estate  of  an  insolvent  debtor  for  any  purpose.  Any  person  interested  in 
the  estate  of  the  insolvent  may  file  exceptions  to  the  legality  or  good  faith 
of  any  claim,  by  setting  forth  specifically  in  writing  his  interest  in  the  estate, 
and  the  grounds  of  his  objection  to  such  claim ;  such  specifications  of  excep- 
tions to  be  verified  by  the  affidavit  of  the  party  objecting,  his  agent  or  attor- 
ney, setting  out  among  other  things  that  such  exceptions  are  not  made  for  the 
purpose  of  delay,  or  otherwise  than  in  good  faith  in  the  best  interest  of  said 
estate.  Such  exceptions  to  be  filed  with  the  clerk  of  the  court  at  least  one  day 
before  the  time  appointed  for  the  election  of  an  assignee;  and  such  exception 
shall  be  heard  and  disposed  of  by  the  court,  on  affidavit  or  other  evidence,  in 
a  summary  manner,  before  the  election  of  an  assignee.  But  the  decision  of  the 
court  upon  the  exceptions  as  to  whether  the  claimant  shall  be  entitled  to  vote 
for  an  assignee  shall  not  be  conclusive  upon  the  right  of  the  party  to  partici- 
pate in  the  assets  of  the  insolvent,  the  enforcement  of  such  right  being  subject 
to  the  laws  of  the  state  touching  the  establishment  of  claims  against  the 
estates  of  insolvents  in  case  of  dispute.  No  creditor  or  claimant,  who  holds 
any  mortgage,  pledge,  or  lien  of  any  kind  whatever,  as  security  for  the  pay- 
ment of  his  claim,  shall  be  permitted  to  vote  any  part  of  his  secured  claim  in 
the  election  of  assignee,  unless  he  shall  first  have  the  value  of  such  security 
fixed  as  provided  in  section  forty-eight  of  this  act,  or  surrender  to  the  sheriff 
or  receiver  of  the  estate  of  the  insolvent,  if  any  receiver,  all  such  property 
so  mortgaged  or  pledged,  or  assign  such  lien  to  such  receiver  or  sheriff;  such 
surrender  or  assignment  of  security  or  lien  to  be  for  the  benefit  of  all  cred- 
itors of  the  estate  of  the  insolvent.  The  value  of  such  security,  if  fixed  by 
the  court,  shall  be  so  fixed  at  least  one  day  before  the  day  appointed  for  the 
election  of  an  assignee ;  in  which  event  the  claimant  may  prove  his  demand, 
as  provided  in  this  section,  for  any  unsecured  balance  subject  to  the  same 
exceptions  as  all  other  claims.     [Amendment,  Stats.  1897,  ch,  38.] 

ARTICLE  III. 

Involuntary  Insolvency. 
§  9.  An  adjudication  of  insolvency  may  be  made  on  the  petition  of  five  or 
more  creditors,  residents  of  this  state,  whose  debts  or  demands  accrued  in  this 
state,  and  amount  in  the  aggregate  to  not  less  than  five  hundred  dollars ;  pro- 
vided, that  said  creditors,  or  either  of  them,  have  not  become  creditors  by 
assignment  within  thirty  days  prior  to  the  filing  of  said  petition.  Such  petition 
must  be  filed  in  the  superior  court  of  the  county,  or  city  and  county,  in  which 
the  debtor  resides  or  has  his  place  of  business,  and  must  be  verified  by  at  least 
three  of  the  petitioners,  setting  forth  that  such  person  is  about  to  depart  from 
this  state,  with  intent  to  defraud  his  creditors,  or  being  absent  from  the  state 
with  such  intent,  remains  absent;  or  conceals  himself  to  avoid  the  service  of 
legal  process;  or  conceals,  or  is  removing,  any  of  his  property  to  avoid  its 
being  attached  or  taken  on  legal  process;  or  being  insolvent,  has  suffered  his 
property  to  remain  under  attachment,  or  legal  process,  for  three  days;  or 
has  confessed  or  offered  to  allow  judgment  in  favor  of  any  creditors;  or  wil- 
fully suffered  judgment  to  be  taken  against  him  by  default;  or  has  suffered 
or  procured  his  property  to  be  taken  on  legal  process,  with  intent  to  give  a 


538  IKSOIiVBNCY     LAW — INVOLUNTARY     INSOLVENCY. 

preference  to  one  or  more  of  his  creditors ;  or  has  made  any  assignment,  gift, 
sale,  conveyance,  or  transfer  of  his  estate,  property,  rights,  or  credits,  with 
intent  to  delay,  defraud,  or  hinder  his  creditors;  or  in  contemplation  of  in- 
solvency, has  made  any  payment,  gift,  grant,  sale,  conveyance  or  transfer  of 
his  estate,  property,  rights,  or  credits ;  or  has  been  arrested  and  held  in  custody 
by  virtue  of  any  civil  process  of  court  founded  on  any  debt  or  demand;  and 
such  process  remains  in  force,  and  not  discharged  by  payment,  or  otherwise, 
for  a  period  of  three  days;  or  being  a  merchant  or  tradesman,  has  stopped 
or  suspended,  and  not  resumed  payment  within  a  period  of  forty  days  after 
the  maturity  of  any  written  acknowledgment  of  indebtedness,  unless  the  party 
holding  such  acknowledgment  has,  in  writing,  waived  the  right  to  proceed 
under  this  subdivision;  or  being  a  bank  or  banker,  agent,  broker,  factor,  or 
commission  merchant,  has  failed  for  forty  days  to  pay  any  moneys  deposited 
with  or  received  by  him  in  a  fiduciary  capacity,  upon  demand  of  payment, 
excepting  savings  and  loan  banks,  or  associations  who  loan  the  money  of  their 
stockholders  and  depositors  on  real  estate,  and  provide  in  their  by-laws  for 
the  repayment  of  such  deposits.  The  petitioners  may,  from  time  to  time, 
amend  and  correct  the  petition,  so  that  the  same  shall  conform  to  the  facts 
by  leave  of  the  court  before  which  the  proceedings  are  pending,  such  amend- 
ment or  amendments  to  relate  back  to  and  be  received  as  embraced  in  the 
original  petition;  but  nothing  in  this  section  shall  be  construed  to  invalidate 
any  loan  of  actual  value,  or  the  security  therefor,  made  in  good  faith  upon  a 
security  taken  in  good  faith  on  the  occasion  of  the  making  of  such  loan.  The 
said  petition  shall  be  accompanied  by  a  bond  with  two  sureties  in  the  penal 
sum  of  at  least  five  hundred  dollars,  conditioned  that  if  the  debtor  should 
not  be  declared  an  insolvent,  the  petitioners  will  pay  all  costs  and  damages, 
including  a  reasonable  attorney's  fee,  that  the  debtor  may  sustain  by  reason  of 
the  filing  of  said  petition.  The  court  may,  upon  motion,  direct  the  filing  of  an 
additional  bond  with  different  sureties,  when  deemed  necessary. 

§  10.  Upon  the  filing  of  such  creditors'  petition,  the  court,  or  a  judge 
thereof,  shall  issue  an  order  requiring  such  debtor  to  show  cause,  at  a  time 
and  place  to  be  fixed  by  said  court,  or  judge,  why  he  should  not  be  adjudged 
an  insolvent  debtor,  and  at  the  same  time,  or  thereafter,  upon  good  cause 
shown  therefor,  said  court,  or  judge,  may  make  an  order  forbidding  the  pay- 
ment of  any  debts,  and  the  delivery  of  any  property  belonging  to  such  debtor 
to  him  or  for  his  use,  or  the  transfer  of  any  property  by  him. 

§  11.  A  copy  of  said  petition,  with  a  copy  of  the  order  to  show  cause,  shall 
be  served  on  the  debtor,  in  the  same  manner  as  is  provided  by  law  for  the 
service  of  summons  in  civil  actions,  but  such  service  shall  be  made  at  least 
five  days  before  the  time  fixed  for  the  hearing;  provided,  that  if,  for  any 
reason,  the  service  is  not  made,  the  order  may  be  renewed,  and  the  time  and 
place  of  hearing  changed  by  supplemental  order  of  the  court ;  provided,  how- 
ever, that  where  the  debtor  or  debtors  on  whom  service  is  to  be  made  reside 
out  of  this  state ;  or  has  departed  from  the  state ;  or  cannot,  after  due  diligence, 
be  found  within  the  state;  or  conceals  himself  to  avoid  the  service  of  the 
order  to  show  cause,  or  any  other  process  or  orders  in  the  matter;  or  is  a 
foreign  corporation,  having  no  managing  or  business  agent,  cashier,  or  sec- 
retary within  the  state,  upon  whom  service  can  be  made,  and  such  facts  are 


INSOLVENCY     LAW — INVOLUNTARY     INSOLVENCY.  530 

shown  to  the  court,  or  a  judge  thereof,  by  affidavit,  such  court  or  judge  thereof 
shall  make  an  order  that  the  service  of  such  order,  or  other  process,  be  made 
by  publication,  in  the  same  manner,  and  with  the  same  effect,  as  service  of 
summons  by  publication  in  ordinary  civil  actions. 

§  12.  At  the  time  fixed  for  the  hearing  of  said  order  to  show  cause,  or  such 
other  time  as  it  may  be  adjourned  to,  the  debtor  may  demur  to  the  petition 
for  the  same  causes  as  is  provided  for  demurrer  in  other  cases  by  the  Code  of 
Civil  Procedure.  If  the  demurrer  be  overruled,  the  debtor  shall  have  five 
days  thereafter  in  which  to  answer  the  petition.  If  the  debtor  answers  the 
petition,  such  answer  shall  contain  a  specific  denial  of  the  material  allegations 
of  the  petition  controverted  by  him,  and  shall  be  verified  in  the  same  manner 
as  pleadings  in  civil  actions ;  and  the  issues  raised  thereon,  may  be  tried  with 
or  without  a  jury,  according  to  the  practice  provided  by  law  for  the  trial  of 
civil  actions. 

§  13.  If  the  respondent  shall  make  default,  or  if,  after  a  trial,  the  issues  are 
found  in  favor  of  the  petitioners,  the  court  shall  make  an  order  adjudging 
that  said  respondent  is,  and  was  at  the  time  of  filing  the  petition,  an  insolvent 
debtor,  and  that  the  debtor  was  guilty  of  the  acts  and  things  charged  in  the 
petition,  or  such  of  those  acts  and  charges  as  the  court  may  find  to  be  true ; 
and  shall  require  said  debtor,  within  such  time  as  the  court  may  designate, 
not  to  exceed  three  days,  to  file  in  court  the  schedule  and  inventory  provided 
for  in  sections  three  and  four  of  this  act,  duly  verified  as  required  of  a  peti- 
tioning debtor;  provided,  that  in  the  affidavit  of  the  insolvent  touching  his* 
property  and  its  disposition  he  shall  not  be  required  to  swear  that  he  has  not 
made  any  fraudulent  preference,  or  committed  any  other  act  in  conflict  with 
the  provisions  of  this  act ;  but  he  may  do  so  if  he  desires.  Said  order  shall 
further  direct  the  sheriff  of  the  county,  or  city  and  county,  where  the  insol- 
vency petition  is  filed,  or  the  receiver,  if  one  has  been  theretofore  appointed, 
to  take  possession  of  all  the  estate,  real  and  personal,  of  the  debtor,  except 
such  as  may  be  by  law  exempt  from  execution  and  of  all  his  deeds,  vouchers, 
books  of  account,  and  papers,  and  to  keep  the  same  safely  until  the  appoint- 
ment of  an  assignee.  Said  order  shall  further  forbid  the  payment  of  any 
debts,  and  the  delivery  of  any  property  belonging  to  such  debtor,  to  him,  or 
for  his  use,  and  the  transfer  of  any  property  by  him ;  and  shall  further 
appoint  a  time  and  place  for  a  meeting  of  the  creditors,  to  prove  their  debts, 
and  choose  an  assignee  of  the  estate,  and  shall  designate  a  newspaper  of  gen- 
eral circulation  published  in  the  county,  or  city  and  county,  in  which  the 
petition  is  filed,  if  there  be  one;  and  if  there  be  none,  in  a  newspaper  published 
nearest  to  such  county,  or  city  and  county,  in  which  publication  of  said  order 
shall  be  made.  The  time  appointed  for  the  election  of  an  assignee  shall  not 
be  less  than  eight  nor  more  than  ten  days  from  the  date  of  the  order  of 
adjudication.  Upon  granting  of  said  order,  all  proceedings  against  the  said 
insolvent  shall  be  stayed.  When  a  receiver  is  appointed  subsequent  to  adjudi- 
cation, or  an  assignee  is  chosen  as  provided  for  in  this  act,  the  sheriff  shall 
thereupon  deliver  to  such  receiver  or  assignee,  as  the  ease  may  be,  all  the 
property  and  assets  of  the  insolvent  which  have  come  into  his  possession,  and 
shall  be  allowed  and  paid  as  compensation  for  his  service  the  same  expenses 


540  INSOLVENCY    LAW— INVOLUNTARY     INSOLVENCY. 

and  fees  as  would  by  law  be  collectable  if  the  property  had  been  levied  upon 
and  safely  kept  under  attachment. 

§  14.  A  copy  of  the  order  provided  for  in  section  thirteen  of  this  act,  shall 
immediately  be  published  by  the  clerk  of  said  court  in  the  newspaper  desig- 
nated therein,  as  often  as  such  newspaper  is  printed  before  the  meeting  of 
creditors,  and  upon  the  filing,  at  any  time  before  the  date  set  for  such  meeting, 
of  the  schedule  required  by  said  section  thirteen,  a  copy  of  said  order  shall 
be  served  by  the  clerk  forthwith  by  United  States  mail,  postage  prepaid,  or 
personally,  on  ail  creditors  named  in  said  schedule.  If  said  schedule  is  not 
filed  prior  to  the  day  fixed  for  the  election  of  an  assignee,  publication  of  said 
order  as  herein  required  shall  be  of  itself  sufficient  notice  to  the  creditors  of 
the  time  and  place  appointed  for  the  election  of  an  assignee.  No  order  of 
adjudication  upon  creditors'  petition  shall  be  entered  unless  there  be  first 
deposited,  in  addition  to  the  usual  cost  of  commencing  said  proceedings,  a 
sum  of  money  sufficient  to  defray  the  cost  of  the  publication  ordered  by  the 
court,  and  the  further  sum  of  five  dollars,  which  is  hereby  constituted  the 
legal  fee  of  the  clerk  for  the  mailing  or  service  of  notice  to  creditors  required 
in  this  section. 

§  15.  If,  upon  such  hearing  or  trial,  the  issues  are  found  in  favor  of  the 
respondent,  the  proceedings  shall  be  dismissed,  and  the  respondent  shall 
recover  costs  from  the  petitioning  creditors  in  the  same  manner  as  on  the  final 
judgment  in  civil  actions. 

.  §  16.  In  all  cases  where  the  debtor  resides  out  of  this  state,  or  has  departed 
from  the  state ;  or  cannot,  after  due  diligence,  be  found  within  the  state ;  or 
conceals  himself  to  avoid  service  of  the  order  to  show  cause,  or  any  other 
preliminary  process  or  orders  in  the  matter;  or  is  a  foreign  corporation, 
having  no  managing  or  business  agent,  cashier,  or  secretary  within  the  state 
upon  whom  service  of  orders  and  process  can  be  made,  and  it  therefore 
becomes  necessary  to  obtain  service  of  process  and  order  to  show  cause,  as 
provided  in  section  eleven  of  this  act,  then  the  petitioning  creditors,  upon 
submitting  the  affidavits  requisite  to  procure  an  order  of  publication,  and 
presenting  a  bond  in  double  the  amount  of  the  aggregate  sum  of  their  claims 
against  the  debtor,  shall  be  entitled  to  an  order  of  court  directing  the  sheriff 
of  the  county,  or  city  and  county,  in  which  the  matter  is  pending,  to  take 
into  his  custody  a  sufficient  amount  of  property  of  the  debtor  to  satisfy  the 
demands  of  the  petitioning  creditors,  and  the  costs  of  the  proceedings.  Upon 
receiving  such  order  of  the  court  to  take  into  custody  property  of  the  debtor, 
it  shall  be  the  duty  of  the  sheriff  to  take  possession  of  the  property  and  effects 
of  the  debtor,  not  exempt  from  execution,  to  an  extent  sufficient  to  cover  the 
amount  provided  for,  and  to  prepare  within  three  days  from  the  time  of 
taking  such  possession,  a  complete  inventory  of  all  the  property  so  taken, 
and  to  return  it  to  the  court  as  soon  as  completed.  The  time  for  taking  the 
inventory  and  making  return  thereof,  may  be  extended  for  good  cause  shown 
to  the  court,  or  a  judge  thereof.  The  sheriff  shall  also  prepare  a  schedule  of 
the  names  and  residences  of  the  creditors,  and  the  amount  due  to  each,  from 
the  books  of  the  debtor,  or  from  such  other  papers  or  data  of  the  debtor 
available  that  may  come  to  his  possession,  and  shall  file  such  schedule  list 
of  creditors  and  inventorv  with  the  clerk  of  the  court. 


INSOLVENCY    LAW— ASSIGNEES.  541 

§  17,  In  all  cases  where  property  is  taken  into  the  custody  of  the  sheriff, 
as  provided  in  the  preceding  section,  if  the  property  taken  into  custody  by  the 
sheriff  does  not  embrace  all  the  property  and  effects  of  the  debtor  not  exempt 
from  execution,  any  other  creditor  or  creditors  of  the  debtor,  upon  giving 
bond  in  double  the  amount  of  their  claims,  singly  or  jointly,  shall  be  entitled 
to  similar  orders,  and  to  like  action,  by  the  sheriff",  until  all  claims  be  provided 
for,  if  there  be  sufficient  property  or  effects.  All  property  taken  into  custody 
by  the  sheriff  by  virtue  of  the  giving  of  any  such  bonds  shall  be  held  by  him 
for  the  benefit  of  all  creditors  of  the  debtor  whose  claims  shall  be  duly  proved, 
and  as  provided  in  this  act.  The  bonds  provided  for  in  this  and  the  preceding 
section  to  procure  the  order  for  custody  of  the  property  and  effects  of  the 
debtor,  shall  be  conditioned  that  if,  upon  final  hearing  of  the  petition  in 
insolvency,  the  court  shall  find  in  favor  of  the  petitioners,  such  bonds  and  all 
of  them  shall  be  void ;  if  the  decision  be  in  favor  of  the  debtor,  the  proceedings 
shall  be  dismissed,  and  the  debtor,  his  heirs,  administrators,  executors,  or 
assigns,  shall  be  entitled  to  recover  such  sum  of  money  as  shall  be  sufficient 
to  cover  the  damages  sustained  by  him,  not  to  exceed  the  amount  of  the 
respective  bonds,  in  any  court  having  jurisdiction  of  the  subject  and  the 
parties ;  provided,  that  if  either  the  petitioners  or  the  debtor  shall  appeal  from 
the  decision  of  the  court,  upon  final  hearing  of  the  petition  the  appellant  shall 
be  required  to  give  bond  to  the  successful  party  in  a  sum  double  the  amount 
of  the  value  of  the  property  in  controversy,  and  for  the  costs  of  the  proceed- 
ings. Any  person  interested  in  the  estate  may  except  to  the  sufficiency  of  the 
sureties  on  such  bond,  or  bonds.  When  excepted  to,  the  petitioner's  sureties, 
upon  notice  to  the  person  excepting  of  not  less  than  two  nor  more  than  five 
days,  must  justify  before  a  judge  or  county  clerk  in  the  same  manner  as  upon 
bail  on  arrest;  and  upon  failure  to  justify,  or  if  others  in  their  place  fail  to 
justify,  at  the  time  and  place  appointed,  the  clerk  or  judge  shall  issue  an  order 
vacating  the  order  to  take  the  property  of  the  debtor  into  the  custody  of  the 
sheriff. 

§  18.  If  in  any  case,  proper  affidavits  and  bonds  are  presented  to  the  court, 
or  a  judge  thereof,  asking  for  and  obtaining  an  order  of  publication,  and 
an  order  for  the  custody  of  the  property  of  the  debtor,  as  provided  in  sec- 
tions sixteen  and  seventeen  of  this  act,  and  thereafter  the  petitioners  shall 
make  it  appear  satisfactory  to  the  court,  or  a  judge  thereof,  that  the  interest 
of  the  parties  to  the  proceedings  will  be  subserved  by  a  sale  thereof,  the  court 
may  order  such  property  to  be  sold,  in  the  same  manner  as  property  is  sold 
under  execution,  the  proceeds  to  be  deposited  in  the  court,  to  abide  the  result 
of  the  proceedings. 

ARTICLE  IV. 
Assignees. 

§  19.  At  a  meeting  of  the  creditors  in  open  court,  those  being  entitled  to 
vote,  as  provided  by  section  eight,  shall  proceed  to  the  election  of  one 
assignee.  In  electing  an  assignee,  the  opinion  of  the  majority  in  amount  of 
claims  shall  prevail.  The  clerk  of  the  court  shall  keep  a  minute  of  the  delib- 
erations of  said  creditors,  and  of  the  election  and  appointment  of  an  assignee, 
and  enter  the  same  upon  the  records  of  the  court.  The  assignee  shall  file, 
within  five  days,  unless  the  time  be  extended  by  the  court,  with  the  clerk,  a 


542  INSOLVENCY    LAW — ASSIGNEES. 

Ijond,  in  an  amount  to  be  fixed  by  the  court,  to  the  state  of  California,  with 
two  or  more  sufficient  sureties,  approved  by  the  court,  and  conditioned  for 
the  faithful  performance  of  the  duties  devolving  upon  him.  The  bond  shall 
not  be  void  upon  the  first  recovery,  but  may  be  sued  upon  from  time  to  time 
by  any  creditor  aggrieved,  in  his  own  name,  until  the  whole  penalty  be 
exhausted.  The  sureties  on  such  bond  may  be  required  to  justify  upon  the 
application  of  any  party  interested,  in  the  same  manner  as  bail  upon  arrest 
in  civil  cases. 

§  20.  If,  on  the  day  appointed  for  the  meeting,  creditors  do  not  attend, 
or  refuse  to  elect  an  assignee;  or  if,  after  election,  the  assignee  shall  fail 
to  qualify  within  the  proper  time,  or  if  a  vacancy  occurs  by  death  or  other- 
wise, it  shall  be  lawful  for  the  court  to  appoint  an  assignee  and  fix  the  amount 
of  his  bond. 

§  21.  As  soon  as  an  assignee  is  elected  or  appointed  and  qualified,  the 
clerk  of  the  court  shall,  by  an  instrument  under  his  nand  and  seal  of  the  court, 
assign  and  convey  to  the  assignee  all  the  estate,  real  and  personal,  of  the 
debtor  with  all  his  deeds,  books  and  papers  relating  thereto,  and  such  assign- 
ment shall  relate  back  to  the  commencement  of  the  proceedings  in  insolvency, 
and  shall  relate  back  to  the  acts  upon  which  the  adjudication  was  founded, 
and  by  operation  of  law  shall  vest  the  title  to  all  such  property  and  estate, 
both  real  and  personal,  in  the  assignee,  although  the  same  is  then  attached 
on  mesne  process,  as  the  property  of  the  debtor,  and  shall  dissolve  any  attach- 
ment made  within  one  month  next  preceding  the  commencement  of  the 
insolvency  proceedings.  Such  assignment  shall  operate  to  vest  in  the  assignee 
all  of  the  estate  of  the  insolvent  debtor  not  exempt  by  law  from  execution. 
Whenever  such  assignment  shall  dissolve  an  attachment  as  herein  provided, 
it  shall  also  vacate  any  judgment  made  or  entered,  and  dissolve  and  set  aside 
any  execution  levied  in  any  action  or  proceeding  against  the  debtor  com- 
menced subsequently  to  the  action  in  which  the  attachment  is  dissolved. 

§  22.  The  assignee  shall  have  the  right  to  recover  all  the  estate,  debts,  and 
efllects  of  said  insolvent.  If,  at  the  time  of  the  commencement  of  proceedings 
in  insolvency  an  action  is  pending  in  the  name  of  the  debtor,  for  the  recovery 
of  a  debt  or  other  thing  which  might  or  ought  to  pass  to  the  assignee  by  the 
assignment,  the  assignee  shall  be  allowed  and  admitted  to  prosecute  the  action, 
in  like  manner  and  with  like  effect  as  if  it  had  been  originally  commenced  by 
him.  If  there  are  any  rights  of  action  in  favor  of  the  insolvent  for  damages, 
on  any  account,  for  which  an  action  is  not  pending,  the  assignee  shall  have  the 
right  to  prosecute  the  same  with  the  same  effect  as  the  insolvent  might  have 
done  himself  if  no  proceedings  in  insolvency  had  been  instituted.  If  any 
action  or  proceeding  at  law,  or  in  equity,  in  which  the  insolvent  is  defendant 
is  pending  at  the  time  of  the  adjudication,  the  assignee  may  defend  the  same, 
in  the  same  manner  and  Avith  like  effect  as  it  might  have  been  defended  by 
the  insolvent.  In  suit  prosecuted  or  defended  by  the  assignee,  a  certified 
copy  of  the  assignment  made  to  him  shall  be  conclusive  evidence  of  his 
authority  to  sue  or  defend. 

§  23.  The  assignee  shall,  within  one  month  after  the  making  of  the  assign- 
ment to  him,  cause  the  same  to  be  recorded  in  every  county,  or  city  and 


INSOLVENCY    LAW— ASSIGNEES.  543 

county,  within  this  state,  where  any  lands  owned  by  the  debtor  are  situated, 
and  the  record  of  such  assignment,  or  a  duly  certified  copy  thereof,  shall 
be  conclusive  evidence  thereof  in  all  courts.  If  the  schedule  and  inventory 
required  by  this  act  have  not  been  filed  by  the  debtor  the  assignee  shall 
within  one  month  after  his  election,  prepare  and  file  such  schedule  and 
inventory  from  the  best  information  he  can  obtain,  and  shall  thereupon  serve 
notice  by  United  States  mail,  postage  prepaid,  or  j^ersonally,  on  all  creditors 
named  in  such  schedule,  whose  claims  have  not  been  filed,  to  forthwith  prove 
their  demands. 

§  24.  Any  assignee  may  at  any  time,  by  writing  filed  in  court,  resign  his 
appointment,  having  first  settled  his  accounts,  and  delivered  up  all  the  estate 
to  such  successor  as  the  court  shall  appoint ;  provided,  that  if,  in  the  discretion 
of  the  court,  the  circumstances  of  the  case  require  it,  upon  good  cause  being 
shown,  the  court  may,  at  any  time  before  such  settlement  of  account  and 
delivery  of  the  estate  shall  have  been  completed,  revoke  the  appointment  of 
such  assignee  and  appoint  another  in  his  stead.  The  liability  of  the  outgoing 
assignee,  or  of  the  sureties  on  his  bond,  shall  not  be  in  any  manner  discharged, 
released,  or  affected  by  such  appointment  of  another  in  his  stead. 

§  25.     The  said  assignee  shall  have  power : 

1.  To  sue  in  his  own  name  and  recover  all  the  estate,  debts,  and  things  in 
action,  belonging  or  due  to  such  debtor,  and  no  set-off  or  counterclaim 
shall  be  allowed  in  any  such  suit  for  any  debt,  unless  it  was  owing  to  such 
creditor  by  such  debtor  at  the  time  of  the  adjudication  of  insolvency. 

2.  To  take  into  his  possession  all  the  estate  of  such  debtor  except  property 
exempt  by  law  from  execution,  whether  attached  or  delivered  to  him,  or 
afterward  discovered,  and  all  books,  vouchers,  evidence  of  indebtedness  and 
securities  belonging  to  the  same. 

3.  In  case  of  a  non-resident  absconding  or  concealed  debtor,  to  demand 
and  receive  of  every  sheriff'  who  shall  have  attached  any  of  the  property  of 
such  debtor,  or  who  shall  have  in  his  possession  any  moneys  arising  from 
the  sale  of  such  property,  all  such  property  and  moneys,  on  paying  him  his 
lawful  costs  and  charges  for  attaching  and  keeping  the  same. 

4.  From  time  to  time  to  sell  at  public  auction  all  the  estate,  real  and  per- 
sonal, vested  in  him  as  such  assignee,  which  shall  come  to  his  possession  and 
as  ordered  by  the  court. 

5.  On  such  sales  to  execute  the  necessary  conveyances  and  bills  of  sale. 

6.  To  redeem  all  valid  mortgages  and  conditional  contracts,  and  all  valid 
pledges  of  personal  property,  and  to  satisfy  any  judgments  which  may  be  an 
encumbrance  on  any  property  sold  by  him,  or  to  sell  such  property,  subject 
to  such  mortgage,  contracts,  pledges,  or  judgments. 

7.  To  settle  all  matters  and  accounts  between  such  debtor  and  his  debtors, 
subject  to  the  approval  of  the  court. 

8.  Under  the  order  of  the  court  appointing  him,  to  compound  with  any 
person  indebted  to  such  debtor,  and  thereupon  to  discharge  all  demands 
against  such  person. 

9.  To  have  and  recover  from  any  person  receiving  a  conveyance,  gift,  trans- 
fer, payment,  or  assignment,  made  contrary  to  any  provision  of  this  act,  the 
property  thereby  transferred  or  assigned ;  or  in  case  a  redelivery  of  the  prop- 


544  INSOLVENCY    LAW— ASSIGNEES. 

erty  cannot  be  had,  to  recover  the  value  thereof,  with  damages  for  the  deten- 
tion. 

§  26.  The  insolvent  shall,  either  before  or  on  the  day  appointed  for  the 
meeting  of  creditors,  deliver  to  the  court  all  the  commercial  or  account 
books  he  may  have  kept,  which  books  shall  be  deposited  in  the  clerk's  office 
of  said  court.  Said  insolvent  shall  also  deliver  to  the  court  at  the  same  time, 
all  vouchers,  notes,  bonds,  bills,  securities,  or  other  evidences  of  debt,  in  any 
manner  relating  to  or  having  any  bearing  upon  or  connection  with  the  proj)- 
erty  surrendered  by  said  debtor,  and  all  such  papers  or  securities  shall  be 
deposited  in  the  clerk's  office  of  said  court,  and  the  clerk  shall  hand  them  over, 
together  with  the  books  of  the  insolvent,  to  the  assignee  who  may  be 
appointed. 

§  27.  If  any  person,  before  the  assignment  is  made,  having  notice  of  the 
commencement  of  the  proceedings  in  insolvency,  or  having  reason  to  believe 
that  insolvency  proceedings  are  about  to  be  commenced,  embezzles  or  disposes 
of  any  of  the  moneys,  goods,  chattels,  or  elfects  of  the  insolvent,  he  is  charge- 
able therewith,  and  liable  to  an  action  by  the  assignee  for  double  the  value 
of  the  property  so  embezzled  or  disposed  of,  to  be  recovered  for  the  benefit 
of  the  estate. 

§  28.  The  same  penalties,  forfeitures,  and  proceedings  by  citation,  exam- 
ination and  commitment  shall  apply  on  behalf  of  an  assignee  against  persons 
suspected  of  having  concealed,  embezzled,  conveyed  away,  or  disposed  of 
any  property  of  the  debtor,  or  of  having  possession  or  knowledge  of  any 
deeds,  conveyances,  bonds,  contracts,  or  other  writings  which  relate  to  any 
interest  of  the  debtor  in  any  real  or  personal  estate  as  provided  in  the  case 
of  estates  of  deceased  persons  in  sections  one  thousand  four  hundred  and  fifty- 
nine,  one  thousand  four  hundred  and  sixty,  and  one  thousand  four  hundred 
and  sixty-one  of  the  Code  of  Civil  Procedure. 

§  29.  The  assignee  shall  as  speedily  as  possible  convert  the  estate,  real 
and  personal,  into  money.  He  shall  keep  a  regular  account  of  all  moneys 
received  by  him  as  assignee,  to  which  every  creditor  or  other  person  interested 
therein  may,  at  all  reasonable  times,  have  access.  No  private  sale  of  any 
property  of  the  estate  of  an  insolvent  debtor  shall  be  valid  unless  made 
under  the  order  of  the  court,  upon  a  petition  in  writing,  which  shall  set  forth 
the  facts  showing  the  sale  to  be  necessary.  Upon  filing  the  petition,  notice  of 
at  least  ten  days  shall  be  given  by  publication  and  mailing,  in  the  same  manner 
as  is  provided  in  section  seven  of  this  act.  If  it  appears  that  a  private  sale  is 
for  the  best  interests  of  the  estate,  the  court  shall  order  it  to  be  made. 

§  30.  In  all  cases  where  there  has  been  personal  service  of  the  order  to 
show  cause,  or  voluntary  appearance  after  order  of  publication,  when  it 
appears  to  the  satisfaction  of  the  court  that  the  estate  of  the  debtor,  or  any 
part  thereof,  is  of  a  perishable  nature,  or  is  liable  to  deteriorate  in  value,  or 
is  disproportionately  expensive  to  keep,  the  court  may  order  the  same  to  be 
sold  in  such  manner  as  may  be  deemed  most  expedient,  under  the  direction 
of  the  sheriff,  receiver,  or  assignee,  as  the  case  may  be,  who  shall  hold  the 
funds  received  in  place  of  the  property  sold  until  further  order  of  the  court. 
§  31.     Outstanding  debts,  or  other  property  due  or  belonging  to  the  estate, 


INSOLVENCY    LAW— ASSIGNEES.  545 

which  cannot  be  collected  and  received  by  the  assignee  without  unreasonable 
or  inconvenient  delay  or  expense,  may  be  sold  and  assigned  in  like  manner 
as  the  remainder  of  the  estate.  If  there  are  any  rights  of  action  for  damages 
in  favor  of  the  insolvent  prior  to  the  commencement  of  the  insolvency  pro- 
ceedings, the  same  may,  with  the  approval  of  the  court,  be  compromised. 

§  32.  Assignees  shall  be  allowed  all  necessary  expenses  in  the  care,  man- 
agement, and  settlement  of  the  estate,  and  shall  be  entitled  to  charge  and 
receive  for  their  services  commissions  upon  all  sums  of  money  coming  to 
their  hands  and  accounted  for  by  them,  as  follows:  For  the  first  thousand 
dollars,  at  the  rate  of  seven  per  centum ;  for  all  above  that  sum  and  not  exceed- 
ing ten  thousand  dollars,  at  the  rate  of  five  per  centum ;  and  for  all  above  that 
sum,  at  the  rate  of  four  per  centum;  provided,  however,  that  if  the  person 
acting  as  assignee  was  receiver  of  the  property  of  the  estate  pending  the  elec- 
tion of  an  assignee,  any  compensation  allowed  him  as  such  receiver  shall  be 
deducted  from  the  compensation  to  which  he  otherwise  would  be  entitled  as 
such  assignee. 

§  33.  At  the  expiration  of  three  months  from  the  appointment  of  the 
assignee  in  any  case,  or  as  much  earlier  as  the  court  may  direct,  a  time  and 
place  shall  be  fixed  by  the  court  at  which  the  assignee  shall  exhibit  to  the 
court  and  to  the  creditors,  and  file  just  and  true  accounts  of  all  his  receipts 
and  payments,  verified  by  his  oath,  and  a  statement  of  the  property  outstand- 
ing, specifying  the  cause  of  its  outstanding,  also  what  debts  or  claims  are  yet 
undetermined,  and  stating  what  sum  remains  in  his  possession,  and  shall 
accompany  the  same  with  an  affidavit  that  notice  by  mail  has  been  given  to 
all  creditors  named  in  the  schedule  filed  by  the  debtor  or  the  assignee  that  said 
accounts  will  be  heard  at  a  time  specified  in  such  notice,  which  time  shall 
not  be  less  than  ten  nor  more  than  fifteen  days  from  the  filing  of  such  accounts. 
At  the  hearing  the  court  shall  audit  the  accounts,  and  any  person  interested 
may  appear  and  file  exceptions  thereto  and  contest  the  same,  and  thereupon 
the  court  may  order  a  dividend  paid  to  those  creditors  whose  claims  have 
been  proven  and  allowed.  Thereafter,  further  accounts,  statements,  and  divi- 
dends shall  be  made  in  like  manner  as  often  as  occasion  requires;  provided, 
however,  that  it  shall  be  the  duty  of  the  assignee  to  file  his  final  account  within 
one  year  from  the  date  of  the  order  of  adjudication,  unless  the  court,  after 
notice  to  creditors,  shall  grant  further  time,  upon  a  satisfactory  showing  that 
great  loss  and  waste  would  result  to  the  estate  by  reason  of  the  conversion 
of  the  property  into  money  within  said  time,  or  that  it  has  been  impossible 
to  do  so  by  reason  of  litigation. 

§  34.  The  court  shall  at  any  time,  upon  the  motion  of  any  two  or  more 
creditors,  require  the  assignee  to  file  his  account  in  the  manner  and  upon 
giving  the  notice  specified  in  the  preceding  section,  and  if  he  has  funds  subject 
to  distribution,  he  shall  be  required  to  distribute  them  without  delay. 

§  35.  All  creditors  whose  debts  are  duly  proved  and  allowed  shall  be 
entitled  to  share  in  the  property  and  estate  pro  rata  without  priority  or 
preference  whatever,  other  than  as  provided  in  this  act  and  in  section  one 
thousand  two  hundred  and  four  of  the  Code  of  Civil  Procedure ;  provided,  that 
any  debt  proved  by  any  person  liable  as  bail,  surety,  guarantor,  or  otherwise. 

Gen.  Laws — 35 


546  INSOLVENCY    LAW— PARTNERSHIPS,    ETC. 

for  the  debtor,  shall  not  be  paid  to  the  person  so  proving  the  same  until  satis- 
factory evidence  shall  be  produced  of  the  payment  of  such  debt  by  such  person 
so  liable ;  and  the  share  to  which  such  debt  would  be  entitled  may  be  paid  into 
court,  or  otherwise  held,  for  the  benefit  of  the  party  entitled  thereto,  as  the 
court  may  direct. 

§  36.  Whenever  any  dividend  has  been  duly  declared,  the  distribution  of 
it  shall  not  be  stayed  or  affected  by  reason  of  debts  being  subsequently 
proved,  but  the  creditors  proving  such  debts  shall  be  entitled  to  a  dividend 
equal  to  those  already  received  by  the  other  creditors,  before  any  further 
dividend  is  made  to  the  latter ;  provided,  the  failure  to  prove  such  claim  shall 
not  have  resulted  from  his  own  neglect. 

§  37.  Should  the  assignee  refuse  or  neglect  to  render  his  accounts  as 
required  by  sections  thirty-three  and  thirty-four  of  this  act,  or  pay  over  a 
dividend  when  he  shall  have,  in  the  opinion  of  the  court,  sufficient  funds  for 
that  purpose,  the  court  shall  immediately  discharge  such  assignee  from  his 
trust,  and  shall  have  power  to  appoint  another  in  his  place.  The  assignee  so 
discharged  shall  forthwith  deliver  over  to  the  assignee  appointed  by  the  court 
all  the  funds,  property,  books,  vouchers,  or  securities  belonging  to  the  insolv- 
ent, without  charging  or  retaining  any  commission  or  compensation  for  his 
personal  services. 

§  38.  Preparatory  to  the  final  account  and  dividend,  the  assignee  shall 
submit  his  account  to  the  court,  and  file  the  same,  and  shall  at  the  time  of 
filing  accompany  the  same  with  an  affidavit  that  a  notice  by  mail  has  been 
given  to  all  creditors  who  have  proved  their  claims,  that  he  will  apply  for  a 
settlement  of  his  account,  and  for  a  discharge  from  all  liability  as  assignee, 
at  a  time  specified  in  such  notice,  which  time  shall  not  be  less  than  ten  or 
more  than  twenty  days  from  such  filing.  At  the  hearing  the  court  shall  audit 
the  account,  and  any  person  interested  may  appear  and  file  exceptions  in 
writing  and  contest  the  same.  The  court  thereupon  shall  settle  the  account, 
and  order  a  dividend  of  any  portion  of  the  estate,  remaining  undistributed, 
and  shall  discharge  the  assignee,  subject  to  compliance  with  the  order  of  the 
court,  from  all  liability  as  assignee  to  any  creditor  of  the  insolvent. 

ARTICLE    V. 

Partnerships  and  Corporations. 
§  39.  Two  or  more  persons  who  are  partners  in  business,  or  the  surviving 
partner  of  any  firm,  may  be  adjudged  insolvent,  either  on  the  petition  of  such 
partners,  or  any  one  of  them,  or  on  the  petition  of  five  or  more  creditors  of 
the  partnership,  qualified  as  provided  for  in  section  nine  of  this  act,  in  which 
case  an  order  shall  be  issued  in  the  manner  provided  by  this  act,  upon  which 
all  the  joint  stock  and  property  of  the  partnership,  and  also  all  the  separate 
estate  of  each  of  the  partners,  shall  be  taken,  excepting  such  parts  thereof 
as  may  be  exempt  by  law ;  and  all  the  creditors  of  the  company,  and  the  sepa- 
rate creditors  of  each  partner,  shall  be  allowed  to  prove  their  respective  debts ; 
and  the  assignee  shall  be  chosen  by  the  creditors  of  the  copartnership,  and 
shall  also  keep  separate  accounts  of  the  joint  stock  or  property  of  the  copart- 
nership, and  the  separate  estate  of  each  member  thereof,  and  after  deducting 
out  of  the  whole  amount  received  by  such  assignee  the  whole  amount  of  the 


INSOLVENCY    LAW — PROOF    OF    DEBTS.  547 

expenses  and  disbursements,  the  net  proceeds  of  the  joint  stock  shall  be 
appropriated  to  pay  the  creditors  of  the  copartnership,  and  the  net  proceeds 
of  the  separate  estate  of  each  partner  shall  be  appropriated  to  pay  his  separate 
creditors;  and  if  there  shall  be  any  balance  of  the  separate  estate  of  any 
partner  after  the  payment  of  his  separate  debts,  such  balance  shall  be  added 
to  the  joint  stock  for  the  payment  of  the  joint  creditors ;  and  if  there  shall 
be  any  balance  of  the  joint  stock  after  the  payment  of  the  joint  debts,  such 
balance  shall  be  divided  and  appropriated  to  and  among  the  separate  estate 
of  the  several  partners  according  to  their  respective  right  and  interest  there- 
in, and  as  it  would  have  been  if  the  partnership  had  been  dissolved  without 
any  insolvency;  and  the  sum  so  appropriated  to  the  separate  estate  of  each 
partner  shall  be  applied  to  the  payment  of  his  separate  debts,  and  the  cer- 
tificate of  discharge  shall  be  granted  or  refused  to  each  partner  as  the  same 
would  or  ought  to  be  if  the  proceedings  had  been  by  or  against  him  alone 
under  this  act;  and  in  all  other  respects  the  proceedings  as  to  the  partners 
shall  be  conducted  in  the  like  manner  as  if  they  had  been  commenced  and 
prosecuted  by  or  against  one  person  alone.  If  such  copartners  reside  in  dif- 
ferent counties,  the  court  in  which  the  petition  is  first  filed  shall  retain  exclu- 
sive jurisdiction  over  the  case.  If  the  petition  be  filed  by  less  than  all  the 
partners  of  a  copartnership,  those  partners  who  do  not  join  in  the  petition 
shall  be  ordered  to  show  cause  why  they,  as  individuals,  and  said  copartner- 
ship, should  not  be  adjudged  to  be  insolvent,  in  the  same  manner  as  other 
debtors  are  required  to  show  cause  upon  a  creditor's  petition,  as  in  this  act 
provided;  and  no  order  of  adjudication  shall  be. made  in  said  proceedings 
until  after  the  hearing  of  said  order  to  show  cause ;  provided,  that  in  case  of 
proceedings  by  or  against  surviving  partners,  as  such,  only  the  partnership 
interest  of  deceased  partners  shall  be  subject  to  the  control  of  the  court  in  the 
insolvency  proceeding;  but  the  surviving  partner,  assignee,  or  creditors  may 
pursue  the  property  of  the  deceased  partners  in  the  court  having  jurisdiction 
thereof  in  probate  proceedings. 

§  40.  The  provisions  of  this  act  shall  apply  to  corporations,  and  upon  the 
petition  of  any  officer  of  any  corporation,  duly  authorized  by  the  vote  of  the 
board  of  directors  or  trustees,  at  a  meeting  specially  called  for  that  purpose, 
or  by  the  assent  in  writing  of  a  majority  of  the  directors  or  trustees  as  the 
case  may  be,  or  upon  a  creditor's  petition  made  and  presented  in  the  manner 
provided  in  respect  to  debtors,  the  like  proceedings  shall  be  had  and  taken 
as  are  provided  in  the  case  of  debtors.  All  the  provisions  of  the  act  which 
apply  to  the  debtor,  or  set  forth  his  duties,  examination,  and  liabilities,  or 
prescribe  penalties,  or  relate  to  fraudulent  conveyances,  payments  and  assign- 
ments, apply  to  each  and  every  officer  of  any  corporation  in  relation  to  the 
same  matters  concerning  the  corporation.  Whenever  any  corporation  is 
declared  insolvent,  all  its  property  and  assets  shall  be  distributed  to  the 
creditors;  but  no  discharge  shall  be  granted  to  any  corporation. 

ARTICLE  VI. 

Proof  of  Debts. 
§  41.     All  debts  due  and  payable  from  the  debtor  at  the  time  of  the  adjudi- 
cation of  insolvency,   and  all  debts  then  existing  but  not  payable  until   a 


548  KVSOL,VENCY    LAW— PROOF    OP    DEBTS. 

future  time,  a  rebate  of  interest  being  made  when  no  interest  is  pay- 
able by  the  terms  of  the  contract,  may  be  proved  against  the  estate  of  the 
debtor. 

§  42.  All  demands  against  the  debtor  for  or  on  account  of  any  goods  or 
chattels  wrongfully  taken,  converted,  or  withheld  by  him,  may  be  proved  and 
allowed  as  debts  to  the  amount  of  the  value  of  the  property  so  withheld,  from 
the  time  of  the  conversion;  provided,  however,  that  if  the  assignee,  or  any 
creditor  whose  claim  has  been  proven  against  the  estate,  shall  request  it  in 
writing,  the  court  shall  require  the  matter  of  such  claim  for  damages  to  be 
tried  as  an  ordinary  action  at  law,  to  determine  the  liability  of  the  debtor  for 
such  damages. 

§  43.  If  the  debtor  shall  be  bound  as  indorser,  surety,  bail,  or  guarantor, 
upon  any  bill,  bond,  note,  or  other  specialty  or  contract,  or  for  any  debt  of  any 
person,  and  his  liability  shall  not  have  become  absolute  until  the  adjudication 
of  insolvency,  the  creditor  may  prove  the  same  after  such  liability  shall  have 
become  fixed,  and  before  the  final  dividend  shall  have  been  declared. 

§  44.  In  all  cases  of  contingent  debts  and  contingent  liabilities,  contracted 
by  the  debtor,  and  not  herein  otherwise  provided  for,  the  creditor  may  make 
claim  therefor  and  have  his  claim  allowed,  with  the  right  to  share  in  the 
dividends,  if  the  contingency  shall  happen  before  the  order  of  the  final  divi- 
dend ;  or  he  may,  at  any  time,  apply  to  the  court  to  have  the  present  value 
of  the  debt  or  liability  ascertained  and  liquidated,  which  shall  be  done  in  such 
manner  as  the  court  shall  order,  and  shall  be  allowed  to  prove  for  the  amount 
so  ascertained. 

§  45.  Any  person  liable  as  bail,  surety,  or  guarantor,  or  otherwise,  for  the 
debtor,  who  shall  have  paid  the  debt,  or  any  part  thereof,  in  discharge  of 
the  whole,  shall  be  entitled  to  prove  such  debt,  or  to  stand  in  the  place  of  the 
creditor,  if  he  shall  have  proved  the  same,  although  such  payments  shall  have 
been  made  after  the  proceedings  in  insolvency  were  commenced ;  and  any  per- 
son so  liable  for  the  debtor,  and  who  has  not  paid  the  whole  of  said  debt,  but 
is  still  liable  for  the  same,  or  any  part  thereof,  may,  if  the  creditor  shall  fail 
or  omit  to  prove  such  debt,  prove  the  same  in  the  name  of  the  creditor. 

§  46.  Where  the  debtor  is  liable  to  pay  rent,  or  other  debt  falling  due  at 
fixed  and  stated  periods,  the  creditor  may  prove  for  a  proportionate  part 
thereof  up  to  the  time  of  the  insolvency,  as  if  the  same  became  due  from  day 
to  day,  and  not  at  such  fixed  and  stated  periods. 

§  47.  In  all  cases  of  mutual  debts  and  mutual  credits  between  the  parties, 
the  account  between  them  shall  be  stated,  and  one  debt  set  off  against  the 
other,  and  the  balance  only  shall  be  allowed  and  paid.  But  no  set-off  or 
counterclaim  shall  be  allowed  of  a  claim  in  its  nature  not  provable  against 
the  estate;  provided,  that  no  set-off  or  counterclaim  shall  be  allowed  in  favor 
of  any  debtor  to  the  insolvent  of  a  claim  purchased  by  or  transferred  to  him 
after  the  filing  of  the  petition  by  or  against  him. 

§  48.  When  a  creditor  has  a  mortgage,  or  pledge  of  real  or  personal  prop- 
erty of  the  debtor,  or  a  lien  thereon,  for  securing  the  payment  of  a  debt  owing 
to  him  from  the  debtor,  he  shall  be  admitted  as  a  creditor  only  for  the  balance 
of  the  debt,  after  deducting  the  value  of  such  property,  to  be  ascertained  by 


INSOLVENCY    LAW — PROOF    OF    DEBTS.  549 

agreement  between  him  and  the  receiver,  if  any,  and  if  no  receiver,  then  upon 
such  sum  as  the  court,  or  a  judge  thereof,  may  decide  to  be  fair  and  reason- 
able, before  the  election  of  an  assignee,  or  by  a  sale  thereof,  to  be  made  in  such 
manner  as  the  court,  or  judge  thereof,  shall  direct;  or  the  creditor  may  release 
or  convey  his  claim  to  the  receiver,  if  any,  or  if  no  receiver  then  to  the  sheriff, 
before  the  election  of  an  assignee,  or  to  the  assignee  if  an  assignee  has  been 
elected,  upon  such  property,  and  be  admitted  to  prove  his  whole  debt.  If  the 
value  of  the  property  exceeds  the  sum  for  which  it  is  so  held  as  security,  the 
assignee  may  release  to  the  creditor  the  debtor's  right  of  redemption  thereon 
on  receiving  such  excess ;  or  he  may  sell  the  property,  subject  to  the  claim 
of  the  creditor  thereon,  and  in  either  case  the  assignee  and  creditor, 
respectively,  shall  execute  all  deeds  and  writings  necessary  or  proper  to 
consummate  the  transaction.  If  the  property  is  not  sold  or  released,  and 
delivered  up,  or  its  value  fixed,  the  creditor  shall  not  be  allowed  to  prove  any 
part  of  his  debt. 

§  49.  No  creditor,  proving  his  debt  or  claim,  shall  be  allowed  to  maintain 
any  suit  at  law  or  in  equity  therefor,  against  the  debtor,  but  shall  be  deemed 
to  have  waived  all  right  of  action  and  suit  against  him,  and  all  proceedings 
already  commenced,  or  unsatisfied,  judgment  already  obtained  thereon,  shall 
be  deemed  to  be  discharged  and  surrendered  thereby;  and  after  the  debtor's 
discharge,  upon  proper  application  and  proof  to  the  court  having  jurisdiction, 
all  such  proceedings  shall  be  dismissed,  and  such  unsatisfied  judgments  satisfied 
of  record ;  provided,  that  no  valid  lien  existing  in  good  faith  thereunder  shall 
be  thereby  affected ;  and  further  provided,  that  a  creditor  proving  his  debt  or 
claim  shall  not  be  held  to  have  waived  his  right  of  action  or  suit  against  the 
debtor  where  a  discharge  has  been  refused  or  the  proceedings  have  been  deter- 
mined without  a  discharge.  And  no  creditor  whose  debt  is  provable  under 
this  act  shall  be  allowed,  after  the  commencement  of  proceedings  in  insolvency, 
to  prosecute  to  final  judgment  any  action  therefor  against  the  debtor  until 
the  question  of  the  debtor's  discharge  shall  have  been  determined,  and  any 
such  suit  or  proceeding  shall,  upon  the  application  of  the  debtor  or  of  any 
creditor,  or  the  assignee,  be  stayed  to  await  the  determination  of  the  court  in 
insolvency  on  the  question  of  discharge ;  provided,  that  there  be  no  unreason- 
able delay  on  the  part  of  the  debtor  or  the  petitioning  creditors,  as  the  case 
may  be,  in  prosecuting  the  case  to  its  conclusion;  and  provided  also,  that  if 
the  amount  due  the  creditor  is  in  dispute,  the  suit,  by  leave  of  the  court,  in 
insolvency  may  proceed  to  judgment  for  the  purpose  of  ascertaining  the 
amount  due,  which  amount  may  be  proven  in  insolvency,  but  execution  shall 
be  stayed  as  aforesaid;  provided  further,  that  where  a  valid  lien  or  attach- 
ment has  been  acquired  or  secured  in  any  such  action,  and  an  undertaking 
been  offered  and  accepted  in  lieu  of  such  lien  or  attachment,  the  case  may  be 
prosecuted  to  final  judgment  for  the  purpose  of  fixing  the  liability  of  the 
sureties  upon  such  undertaking,  but  execution  against  the  insolvent  upon 
such  judgment  shall  be  stayed.     [Amendment,  Stats.  1897,  ch.  38.] 

§  50.  Any  person  who  shall  have  accepted  any  preference,  having  reason- 
able cause  to  believe  that  the  same  was  made  or  given  by  the  debtor  contrary 
to  any  provision  of  this  act,  shall  not  prove  the  debt  or  claim  on  account  of 


550  INSOLVENCY    LAW — DISCHARGE. 

which  the  preference  was  made  or  given;  nor  shall  he  receive  any  dividend 
thereon  until  he  shall  first  have  surrendered  to  the  assignee  all  property, 
money,  benefit,  or  advantage  received  by  him  under  such  preference. 

§  51.  The  court  may,  upon  the  application  of  the  assignee,  or  of  any  cred- 
itor of  the  debtor,  or  without  any  application,  before  or  after  adjudication 
in  insolvency,  examine  upon  oath  the  debtor  in  relation  to  his  property  and 
his  estate  and  any  person  tendering  or  making  proof  of  claims,  and  may 
subpoena  witnesses  to  give  evidence  relating  to  such  matters.  All  examina- 
tions of  witnesses  shall  be  had  and  depositions  shall  be  taken  in  accordance 
with  and  in  the  same  manner  as  is  provided  by  the  Code  of  Civil  Procedure. 

ARTICLE    VII. 
Discharge. 

§  52.  At  any  time  after  the  expiration  of  three  months  from  the  adjudi- 
cation of  insolvency,  but  not  later  than  one  year  from  such  adjudication, 
unless  the  property  of  the  insolvent  has  not  been  converted  into  money,  the 
debtor  may  apply  to  the  court  for  a  discharge  from  his  debts,  and  the  court 
shall  thereupon  order  notice  to  be  given  to  all  creditors  who  have  proved  their 
debts,  to  appear,  on  a  day  appointed  for  that  purpose,  and  show  cause  why 
a  discharge  should  not  be  granted  to  the  debtor;  said  notice  shall  be  given  by 
mail  and  by  publication  at  least  once  a  week,  for  four  weeks,  in  a  newspaper 
published  in  the  county,  or  city  and  county,  or,  if  there  be  none,  in  a  news- 
paper published  nearest  such  county,  or  city  and  county;  provided,  that  if 
no  debts  have  been  proven,  such  notice  shall  not  be  required. 

§  53.  No  discharge  shall  be  granted,  or  if  granted  shall  be  valid,  if  the 
debtor  shall  have  sworn  falsely  in  his  affidavit  annexed  to  his  petition, 
schedule,  or  inventory,  or  upon  any  examination  in  the  course  of  the  proceed- 
ings in  insolvency,  in  relation  to  any  material  fact  concerning  his  estate,  or 
his  debts,  or  to  any  other  material  fact;  or  if  he  has  concealed  any  part  of 
his  estate  or  effects,  or  any  books  or  writing  relating  thereto ;  or  if  he  has 
been  guilty  of  fraud  or  wilful  neglect  in  the  care,  custody,  or  delivery  to  the 
assignee  of  the  property  belonging  to  him  at  the  time  of  the  presentation  of 
his  petition  and  inventory,  excepting  such  property  as  he  is  permitted  to  retain . 
under  the  provisions  of  this  act,  or  if  he  has  caused  or  permitted  any  loss  or 
destruction  thereof ;  or  if,  within  one  month  before  the  commencement  of  such 
proceedings,  he  has  procured  his  lands,  goods,  moneys,  or  chattels  to  be 
attached,  or  seized  on  execution ;  or  if  he  has  destroyed,  mutilated,  altered,  or 
falsified  any  of  his  books,  documents,  papers,  writings,  or  securities,  or  has 
made,  or  been  privy  to  the  making  of,  any  false  or  fraudulent  entry  in  any 
book  of  account  or  other  document  with  intent  to  defraud  his  creditors;  or 
if  he  has  given  any  fraudulent  preference,  contrary  to  the  provisions  of  this 
act,  or  made  any  fraudulent  payment,  gift,  transfer,  conveyance,  or  assign- 
ment of  any  part  of  his  property,  or  has  lost  any  part  thereof  in  gaming,  or 
has  admitted  a  false  or  fictitious  debt  against  his  estate ;  or,  if,  having  knowl- 
edge that  any  person  has  proven  such  false  or  fictitious  debt,  he  has  not  dis- 
closed the  same  to  his  assignee  within  one  month  after  such  knowledge;  or 
if,  being  a  merchant  or  tradesman,  he  has  not,  subsequently  to  the  passage 
of  this  act,  kept  proper  books  of  account;  or  if  he,  or  any  other  person  on 


INSOLVEBTCY    LAW— DISCHAKGE.  551 

his  account,  or  in  his  behalf,  has  influenced  the  action  of  any  creditor,  at  any 
stage  of  the  proceedings,  by  any  pecuniary  consideration  or  obligation ;  or  if  he 
has,  in  contemplation  of  becoming  insolvent,  made  any  pledge,  payment, 
transfer,  assignment,  or  conveyance  of  any  part  of  his  property,  directly  or 
indirectly,  absolutely  or  conditionally^,  for  the  purpose  of  preferring  any 
creditor  or  person  having  a  claim  against  him,  or  who  is,  or  may  be,  under 
liability  for  him,  or  for  the  purpose  of  preventing  the  property  from  coming 
into  the  hands  of  the  assignee,  or  of  being  distributed  under  this  act  in  satis- 
faction of  his  debts;  or  if  he  has  been  convicted  of  any  misdemeanor  under 
this  act,  or  has  been  guilty  of  fraud  contrary  to  the  true  intent  of  this 
act;  or,  in  case  of  voluntary  insolvency,  has  received  the  benefits  of  this  or 
any  other  act  of  insolvency  or  bankruptcy,  within  three  years  next  preceding 
his  application  for  discharge;  or  if  insolvency  proceedings  in  which  he  couid 
have  applied  for  a  discharge  are  pending  by  or  against  him  in  the  superior 
court  of  any  other  county,  or  city  and  county,  in  the  state.  And  before  any 
discharge  is  granted,  the  debtor  shall  take  and  subscribe  an  oath  to  the  effect 
that  he  has  not  done,  suffered,  or  been  privy  to  any  act,  matter,  or  thing 
specified  in  this  act,  as  grounds  for  withholding  such  discharge  or  as  invali- 
dating such  discharge,  if  granted. 

§  54.  Any  creditor  opposing  the  discharge  of  a  debtor  shall  file  specifica- 
tions in  writing,  of  the  grounds  of  his  opposition,  and  after  the  debtor  has 
filed  and  served  his  answer  thereto,  which  pleadings  shall  be  verified,  the, 
court  shall  try  the  issue  or  issues  raised,  with  or  without  a  jury,  according  to 
the  practice  provided  by  law  in  civil  actions. 

§  55.  If  it  shall  appear  to  the  court  that  the  debtor  has  in  all  things  con- 
formed to  his  duty  under  this  act,  and  that  he  is  entitled  under  the  provisions 
thereof  to  receive  a  discharge,  the  court  shall  grant  him  a  dis- 
charge from  all  his  debts,  except  as  hereinafter  provided,  and  shall 
give  him  a  certificate  thereof,  under  the  seal  of  the  court,  in  sub- 
stance  as   follows:     In   the   superior   court   of   the   county   of  ,   state 

of  California.     Whereas,  has  been  duly  adjudged  an  insolvent  under 

the  insolvent  laws  of  this  state,  and  appears  to  have  conformed  to  all  the 
requirements  of  law  in  that  behalf,  it  is  therefore  ordered  by  the  court  that 

said  be  forever  discharged  from  all  debts  and  claims,  which  by  said 

insolvent  laws  are  made  provable  against  his  estate,  and  which  existed  on  the 

day  of ,  on  which  the  petition  of  adjudication  was  filed  by  (or 

against)  him,  excepting  such  debts,  if  any,  as  are  by  said  insolvent  laws 
excepted  from  the  operation  of  a  discharge  in  insolvency.     Given  under  my 

hand,  and  the  seal  of  the  court,  this  day  of  ,  A.  D.  . 

Attest:  ,  clerk.     (Seal)  ,  judge. 

§  56.  No  debt  created  by  fraud  or  embezzlement  of  the  debtor,  or  his  defal- 
cation as  a  public  officer,  or  while  acting  in  a  fiduciary  character,  shall  be 
discharged  under  this  act,  but  the  debt  may  be  proved,  and  the  dividend 
thereon  shall  be  a  payment  on  account  of  said  debt ;  and  no  discharge  granted 
under  this  act  shall  release,  discharge,  or  affect  any  person  liable  for  the  same 
debt,  for  or  with  the  debtor,  either  as  partner,  joint  contractor,  indorser, 
surety,  or  otherwise. 

§  57.     A  discharge,  duly  granted  under  this  act,  shall,  with  the  exceptions 


55a  INSOLVENCY    LAW — FRAUDULENT    PREFERENCES. 

aforesaid,  release  the  debtor  from  all  claims,  debts,  liabilities,  and  demands, 
set  forth  in  his  schedule,  or  which  were  or  might  have  been  proved  against 
his  estate  in  insolvency,  and  may  be  pleaded  by  a  simple  averment  that  on 
the  day  of  its  date  such  discharge  was  granted  to  him,  setting  forth  the  same 
in  full,  and  the  same  shall  be  a  complete  bar  to  all  suits  brought  on  any  such 
debts,  claims,  liabilities,  or  demands,  and  the  certificate  shall  be  prima  facie 
evidence  in  favor  of  such  fact  and  of  the  regularity  of  such  discharge;  pro- 
vided, however,  that  any  creditor  of  said  debtor,  whose  debt  was  proved 
or  provable  against  the  estate  in  insolvency,  who  shall  see  fit  to  contest  the 
validity  of  such  discharge  on  the  ground  that  it  was  fraudulently  obtained, 
and  who  has  discovered  the  facts  constituting  the  fraud  subsequent  to  the 
discharge,  may,  at  any  time  within  two  years  after  the  date  thereof,  apply  to 
the  court  which  granted  it  to  set  it  aside  and  annal  the  same,  or  if  the  same 
shall  have  been  pleaded,  the  effect  thereof  may  be  avoided  collaterally  upon 
any  such  grounds. 

§  58.     The  refusal  of  a  discharge  to  the  debtor  shall  not  affect  the  adminis- 
tration and  distribution  of  his  estate  under  the  provisions  of  this  act. 

ARTICLE  YIII. 
Fraudulent  Prkperences  and  Transfers. 
§  59.  If  any  debtor  being  insolvent,  or  in  contemplation  of  insolvency, 
within  one  month  before  the  filing  of  a  petition  by  or  against  him,  with  a 
view  to  give  a  preference  to  any  creditor,  or  person  having  a  claim  against 
him,  or  who  is  under  any  liability  for  him,  procures  any  part  of  his  property 
to  be  attached,  sequestered,  or  seized  on  execution,  or  makes  any  payment, 
pledge,  mortgage,  assignment,  transfer,  sale,  or  conveyance  of  any  part  of  his 
property,  either  directly  or  indirectly,  absolutely  or  conditionally^  to  any 
one,  the  person  receiving  such  payment,  pledge,  mortgage,  assignment,  trans- 
fer, sale,  or  conveyance,  or  to  be  benefited  thereby,  or  by  such  attachment  or 
seizure,  having  reasonable  cause  to  believe  that  such  debtor  is  insolvent,  and 
that  such  attachment,  seizure,  payment,  pledge,  mortgage,  conveyance,  trans- 
fer, sale,  or  assignment  is  made  with  a  view  to  prevent  his  property  from 
coming  to  his  assignee  in  insolvency,  or  to  prevent  the  same  from  being  dis- 
tributed ratably  among  his  creditors,  or  to  defeat  the  object  of,  or  in  any  way 
hinder,  impede,  or  delay  the  operation  of,  or  to  evade  any  of  the  provisions 
of  this  act,  such  attachment,  sequestration,  seizure,  payment,  pledge,  mort- 
gage, transfer,  sale,  assignment,  or  conveyance,  is  void,  and  the  assignee,  or 
the  receiver,  may  recover  the  property,  or  the  value  thereof,  as  assets  of  such 
insolvent  debtor;  and  if  such  payment,  pledge,  mortgage,  conveyance,  sale, 
assignment,  or  transfer  is  not  made  in  the  usual  and  ordinary  course  of  busi- 
ness of  the  debtor,  or  if  such  seizure  or  sequestration  is  made  under  a  judg- 
ment which  the  debtor  has  confessed  or  ofi'ered  to  allow,  that  fact  shall  be 
prima  facie  evidence  of  fraud.  All  assignments,  transfers,  convej'ances,  mort- 
gages, or  encumbrances  of  real  estate  shall  be  deemed,  under  this  section,  to 
have  been  made  at  the  time  the  instrument  conveying  or  affecting  such  realty 
was  filed  for  record  in  the  county  recorder's  office  of  the  county,  or  city  and 
county,  where  the  same  is  situated. 


I»fSOL,VKNCY    LAW — PENALTY.  553 

ARTICLE    IX/ 

Penal  Clauses. 
§  60.  From  and  after  the  taking  effect  of  this  act,  if  any  debtor  or  insolvent 
shall,  after  the  commencement  of  proceedings  in  insolvency,  secrete  or  conceal 
any  property  belonging  to  his  estate,  or  part  with,  conceal,  or  destroy,  alter, 
mutilate,  or  falsify,  or  cause  to  be  concealed,  destroyed,  altered,  mutilated,  or 
falsified,  any  book,  deed,  document,  or  writing  relating'  thereto,  or  remove, 
or  cause  to  be  removed,  the  same  or  any  part  thereof,  with  intent  to  prevent  it 
from  coming  into  the  possession  of  the  assignee  in  insolvency,  or  to  hinder, 
impede,  or  delay  his  assignee  in  recovering  or  receiving  the  same,  or  make 
any  payment,  gift,  sale,  assignment,  transfer,  or  conveyance  of  any  property 
belonging  to  his  estate,  with  like  intent,  or  shall  spend  any  part  thereof  in 
gaming;  or  shall,  with  intent  to  defraud,  wilfully  and  fraudulently  con- 
ceal from  his  assignee,  or  fraudulently  or  designedly  omit  from  his  schedule 
any  property  or  effects  whatsoever;  or  if,  in  case  of  any  person  having,  to  his 
knowledge  or  belief,  proved  a  false  or  fictitious  debt  against  his  estate,  he 
shall  fail  to  disclose  the  same  to  his  assignee  within  one  month  after  coming 
to  the  knowledge  or  belief  thereof;  or  shall  attempt  to  account  for  any  of  his 
property  by  fictitious  losses  or  expenses ;  or  shall,  within  three  months  before 
commencement  of  proceedings  of  insolvency,  under  the  false  pretense  of  carry- 
ing on  business  and  dealing  in  the  ordinary  course  of  trade,  obtain  on  credit 
from  any  person  any  goods  or  chattels,  with  intent  to  defraud ;  or  shall,  with 
intent  to  defraud  his  creditors,  within  three  months  next  before  the  com- 
mencement of  proceedings  in  insolvency,  pawn,  pledge,  or  dispose  of,  other- 
wise than  by  bona  fide  transactions  in  the  ordinary  way  of  his  trade,  any  of 
his  goods  and  chattels  which  have  been  obtained  on  credit  and  remain  unpaid 
for,  he  shall  be  deemed  guilty  of  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not  less  than  three 
months  nor  more  than  two  years. 

ARTICLE    X. 

Miscellaneous. 

§  61.  If  any  debtor  shall  die  after  the  order  of  adjudication,  the  proceed- 
ings shall  be  continued  and  concluded  in  like  manner  and  with  like  validity 
and  effect  as  if  he  had  lived. 

§  62.  Pending  proceedings  by  or  against  any  person,  copartnership,  or  cor- 
poration, no  statute  of  limitations  of  this  state  shall  run  against  a  claim  which 
in  its  nature  is  provable  against  the  estate  of  the  debtor. 

§  63.  Any  creditor,  at  any  stage  of  the  proceedings,  may  be  represented  by 
his  attorney  or  duly  authorized  agent. 

§  64.  It  shall  be  the  duty  of  the  court  having  jurisdiction  of  the  proceed- 
ings to  exempt  and  set  apart,  for  the  use  and  benefit  of  said  insolvent,  such 
real  and  personal  property  as  is  by  law  exempt  from  execution;  and  also  a 
homestead,  in  the  manner  provided  in  section  one  Ihousand  four  hundred  and 
sixty-five  of  the  Code  of  Civil  Procedure.  But  no  property  or  homestead  shall 
be  set  apart,  as  aforesaid,  until  it  is  first  proved  that  notice  of  the  hearing 
of  the  application  therefor  has  been  duly  given  by  the  clerk,  by  causing  to  be 
posted  in  at  least  three  public  places  in  the  county  at  least  ten  days  prior  to 


554  INSOLVEHTCY    LAW — MISCELIiANEOUS    PROVISIONS. 

the  time  of  such  hearing,  setting  forth  the  name  of  said  insolvent  debtor,  and 
the  time  and  place  appointed  for  the  hearing  of  such  application,  which  said 
notice  shall  briefly  indicate  the  homestead  sought  to  be  exempted  or  the  prop- 
erty sought  to  be  set  aside;  and  the  decree  must  show  that  such  proof  was 
made  to  the  satisfaction  of  the  court,  and  shall  be  conclusive  evidence  of  that 
fact. 

§  65.  The  filing  of  a  petition  by  or  against  a  debtor  upon  which,  or  upon 
an  amendment  of  which,  an  order  of  adjudication  in  insolvency  may  be  made, 
shall  be  deemed  to  be  the  commencement  of  proceedings  in  insolvency  under 
this  act. 

§  66.  Words  used  in  this  act  in  the  singular,  include  the  plural,  and  in  the 
plural,  the  singular,  and  the  word  "debtor"  includes  partnerships  and  corpora- 
tions. 

§  67,  Upon  the  filing  of  either  a  voluntary  or  involuntary  petition  in 
insolvency,  a  receiver  may  be  appointed  by  the  court  in  which  the  proceeding 
is  pending,  or  by  a  judge  thereof,  at  any  time  before  the  election  of  an 
assignee,  when  it  appears  by  the  verified  petition  of  a  creditor  that  the  assets 
of  the  insolvent,  or  a  considerable  portion  thereof,  have  been  pledged,  mort- 
gaged, transferred,  assigned,  conveyed,  or  seized,  on  legal  process,  in  contra- 
vention or  violation  of  the  provisions  of  section  fifty-nine  of  this  act,  and  that 
it  is  necessary  to  commence  an  action  to  recover  the  same.  The  appoint- 
ment, oath,  undertaking  and  powers  of  such  receiver  shall  in  all  respects 
be  regulated  by  the  general  laws  of  the  state  applicable  to  receivers.  "When 
an  assignee  is  chosen,  and  has  qualified,  the  receiver  shall  forthwith  return 
to  court  an  account  of  the  assets  and  property  which  have  come  into  his  pos- 
session, and  of  his  disbursements,  and  a  report  of  all  actions  or  proceedings 
commenced  by  him  for  the  recovery  of  any  property  belonging  to  the  estate, 
and  the  court  shall  thereupon  summarily  hear  and  settle  the  receiver's 
account,  and  shall  allow  him  a  just  compensation  for  his  services,  including  a 
reasonable  attorney's  fee,  whereupon  the  receiver  shall  deliver  all  property, 
assets,  or  effects  remaining  in  his  hands,  to  the  assignee,  who  shall  be  substi- 
tuted for  the  receiver  in  all  pending  actions  or  proceedings. 

§  68.  All  sections  of  the  Code  of  Civil  Procedure  of  the  state  of  California 
relating  to  contempts  are  hereby  made  applicable  to  all  proceedings  under 
this  act. 

§  69.  When  an  attachment  has  been  made  and  is  not  dissolved  before  the 
commencement  of  proceedings  in  insolvency,  or  is  dissolved  by  an  undertaking 
given  by  the  defendant,  if  the  claim  upon  which  the  attachment  suit  was  com- 
menced is  proved  against  the  estate  of  the  debtor,  the  plaintiff  may  prove  the 
legal  costs  and  disbursements  of  the  suit,  and  of  the  keeping  of  the  property, 
and  the  amount  thereof  shall  be  a  preferred  debt.  In  all  contested  matters 
in  insolvency  the  court  may,  in  its  discretion,  award  costs  to  either  party,  to 
be  paid  by  the  other,  or  to  either  or  both  parties,  to  be  paid  out  of  the  estate, 
as  justice  in  equity  may  require;  in  awarding  co.sts,  the  court  may  issue 
execution  therefor.  In  all  involuntary  cases  under  this  act,  the  court  shall 
allow  the  petitioning  creditors  out  of  the  estate  of  the  debtor,  if  any  adjudica- 
tion of  insolvency  be  made,  as  a  preferred  claim,  all  legal  costs  and  disburse- 
ments incurred  by  them  in  that  behalf. 


INSOLVENCY    LAW— MISCELLANEOUS    PROVISIONS.  555 

§  70.  The  court  may,  upon  the  application  of  the  debtor,  if  it  be  a  volun- 
tary petition,  or  of  the  petitioning  creditors,  if  a  creditor's  petition,  dismiss 
the  petition  and  discontinue  the  proceedings  at  any  time  before  the  appoint- 
ment of  an  assignee  upon  giving  ten  days'  notice  to  the  creditors,  in  the  same 
manner  that  notice  of  the  time  and  place  of  an  election  of  an  assignee  is  given, 
if  no  creditor  files  written  objections  to  such  dismissal;  provided,  however, 
that  by  consent  of  all  creditors  the  proceedings  may  be  dismissed  at  any  time. 
After  the  appointment  of  an  assignee,  no  dismissal  shall  be  made  without  the 
consent  of  all  parties  interested  in  or  affected  thereby. 

§  71.     An  appeal  may  be  taken  to  the  supreme  court  in  the  following  cases : 

1.  From  an  order  granting  or  refusing  an  adjudication  of  insolvency ; 

2.  From  an  order  made  at  the  hearing  of  any  account  of  an  assignee,  allow- 
ing or  rejecting  a  creditor's  claim,  in  whole  or  in  part; 

3.  From  an  order  granting  or  overruling  a  motion  for  a  new  trial; 

4.  From  an  order  settling  an  account  of  an  assignee ; 

5.  From  an  order  against  or  in  favor  of  setting  apart  homestead  or  other 
property  claimed  as  exempt  from  execution; 

6.  From  an  order  granting  or  refusing  a  discharge  to  the  debtor. 

The  notice,  undertaking,  and  procedure  on  appeal  shall  conform  to  the 
general  laws  of  this  state  regulating  appeals  in  civil  cases,  except  that  when 
an  assignee  has  given  an  official  undertaking  and  appeals  from  a  judgment 
or  order  in  insolvency,  his  official  undertaking  stands  in  the  place  of  an  under- 
taking on  appeal,  and  the  sureties  therein  are  liable  on  such  undertaking; 
provided,  however,  that  an  appeal  from  an  order  granting  or  refusing  an 
adjudication  of  insolvency  shall  not  stay  proceedings  unless  a  written  under- 
taking be  entered  into  on  the  part  of  the  appellant,  with  at  least  two  sureties, 
in  such  an  amount  as  the  court,  or  a  judge  thereof,  may  direct,  but  not  less 
than  double  the  value  of  the  property  involved,  to  the  effect  that  if  the  order 
appealed  from  be  affirmed,  or  the  appeal  dismissed,  appellant  will  pay  all 
costs  and  damages  which  the  adverse  parties  may  sustain  by  reason  of  the 
appeal  and  the  stay  of  proceedings. 

§  72.  The  insolvent  act  of  eighteen  hundred  and  eighty,  and  all  amend- 
ments thereto,  are  hereby  repealed ;  provided,  however,  that  such  repeal  shall 
in  no  manner  invalidate  or  affect  any  case  in  insolvency  instituted  and  pend- 
ing in  any  court  on  and  prior  to  the  day  when  this  act  shall  take  effect. 

INSOLVENCY— CORPORATIONS. 

See  KERR'S   CYC.  POL.   CODE   §602.  vs.  Montgomery,   21  La.  Ann.   446;  Van  Nos- 

Federal    Bankruptcy   Act   passed   by    Con-  trand  vs.   Carr,   30  Md.   128;   Parmenter  Mfg-. 

gress    in    pursuance    of    constitutional    au-  Co.   vs.   Hamilton,  172  Mass.   178,   70  Am.   St. 

thority  July  1,  189S,  suspends  tlie  state  Act  Rep.    258,    51    N.    E.    Rep.    529;    Foley-Bean 

of    Insolvency    while    the    federal    act    is    in  Lumber    Co.    vs.    Sawyer,    76    Minn.    118,    7S 

force.     Mr.  Justice   Speer  says,  In  re  Macon  N.    W.    Rep.    1038;    Armour   Packing    Co.    vs. 

Sash  etc.   Co.,  112  Fed.   Rep.   323,  the  propo-  Brown,    76    Minn.    465,    79    N.    W.    Rep.    522; 

sition     that     the     federal     bankruptcy     law  Rowe    vs.    Page,    54    N.    H.    190;    Roese    vs. 

suspends    state   bankruptcy    act    is    as    clear  Locke,    53   How.    Pr.    (N.    T.)    148;    Common- 

upon  authority  as  it  must  inevitably  be  by  wealth    vs.    O'Hara,    6    Phila.    (Pa.)    402,    24 

the  logic   of  the   supremacy  of  the   national  Leg.    Int.    284,    3    Pittsb.    70;    Matter   of  Rey- 

law.     Among  the  numerous  authorities  sus-  nolds,    8   R.    I.   485,   5   Am.    Rep.   615;   Mauran 

taining    this    point,    see    Barber    vs.    Mexico  vs.   Crown   Carpet   Lining   Co.,    23    R.    I.    324, 

International  Co.,  73  Conn.   587,  48  Atl.  Rep.  50    Atl.    Rep.    331;    In    re    Gutwillig,    90    Fed. 

758;  Harbaugh  vs.  Costello,  184  111.  110,  116,  Rep.    475;    In    re    Bruss-Ritter    Co.,    90    Fed. 

75  Am.  St.  Rep.  147,  56  N.  E.  Rep.  363;  Fisk  Rep.   651;  In  re  Rouse,   91   Fed.   Rep.   96,   99; 


556 


INSOLVENCY     LAW — DECISIONS. 


In  re  Seivers,  91  Fed.  Rep.  366,  affirmed  sub 
nom.  Davis  vs.  Bohle,  92  Fed.  Rep.  325,  329, 
34  C.  C.  A.  372;  In  re  Curtis,  91  Fed.  Rep. 
737,  affirmed  94  Fed.  Rep.  630;  In  re  Smith, 
92  Fed.  Rep.  135;  In  re  Etheridge  Furniture 
Co.,  92  Fed.  Rep.  329;  In  re  Ogles,  93  Fed. 
Rep.  426;  In  re  Richard,  94  Fed.  Rep.  633; 
In  re  Macon  Sash  etc.  Co.,  112  Fed.  Rep.  323; 
Carling  vs.  Seymour  Lumber  Co.,  113  Fed. 
Rep.  483;  In  re  Storck  Lumber  Co.,  114  Fed. 
Rep.  360;  In  re  Rogers,  116  Fed.  Rep.  435, 
437;  Ex  parte  Fames,  2  Story  C.  C.  322,  8 
Fed.  Cas.  236,  5  Law  Rep.  117,  1  N.  Y.  Leg. 
Obs.  212;  In  re  Reynolds,  9  N.  B.  R.  50,  20 
Fed.  Cas.  612.  See  16  Am.  &  Eng.  Encyc. 
of  L.  (2d  ed.)  642,  5  Cyc.  240. 

STATE  INSOLVENCY  LAW.  —  Hlstoryj 
The  first  legislation  in  this  state  on  this 
subject  w^as  the  statute  of  1852,  69,  amended 
1858,  58;  1860,  283;  1863,  750;  supplemented 
1875-6,  581,  and  continued  in  force  by  §  19, 
Pol.  Code. 

The  statute  of  1880,  82,  eh.  LXXXVII, 
repealed  all  former  inconsistent  legislation, 
and  was  doubtless  prompted  by  the  repeal 
of  the  U.  S.  Bankruptcy  Act  in  1878. 

Stats.  1875-6,  581,  ch.  CCCCXIX. — In  re 
Baker  &  Hamilton,  55  Cal.  302,  303;  Lewis 
vs.  County  Clerk  Santa  Clara,  55  Cal.  604, 
605;  Seattle  C.  &  T.  Co.  vs.  Thomas,  57  Cal. 
197,  200.  §6— Baum  vs.  Raphael,  57  Cal.  361, 
362;  Cerf  vs.  Oaks,  59  Cal.  132,  135.  §20 — 
Davenport  vs.  His  Creditors,  62  Cal.  29,  30. 
§§6,  8 — Kornahrens  vs.  His  Creditors,  64 
Cal.  492,  3  Pac.  Rep.  126.  §8 — Dean  vs. 
Grimes,  72   Cal.   442,   445,  14   Pac.  Rep.   178. 

Stats.  1880,  82,  ch.  LXXXVII.— §§  2,  49— 
In  re  Marsh,  115  Cal.  230,  231,  46  Pac.  Rep. 
1072.  §2 — Chinette  vs.  Conklin,  105  Cal.  465, 
466,  38  Pac.  Rep.  1107.  §3 — Taylor  vs.  Hill, 
115  Cal.  143,  146,  44  Pac.  Rep.  336,  46  Pac. 
Rep.  922.  §6 — Stateler  vs.  Superior  Court, 
107  Cal.  536,  539,  40  Pac.  Rep.  949.  §  8— In 
re  Close,  106  Cal.  574,  579,  39  Pac.  Rep.  1067; 
In  re  Patton,  110  Cal.  33,  36,  42  Pac.  Rep. 
459.  §§  8,  9,  12— State  L  &  I.  Co.  vs.  San 
Francisco,  101  Cal.  135,  141,  35  Pac.  Rep. 
549.  §§  15-33 — Freeman  vs.  Spencer,  128  Cal. 
394,  396,  60  Pac.  Rep.  979.  §§  15-18— Farns- 
worth  vs.  Sutro,  136  Cal.  241-244,  68  Pac. 
Rep.  705.  S  17 — Rued  vs.  Cooper,  109  Cal. 
682,  687,  34  Pac.  Rep.  98;  Vincent  vs.  Collins, 
j22  Cal.  387,  390,  55  Pac.  Rep.  129.  §§17,  45 
— Rosenthal  vs.  Perkins,  123  Cal.  240,  242, 
55  Pac.  Rep.  804.  §§  21,  43 — Conroy  vs.  Dun- 
lap,  104  Cal.  133,  134,  37  Pac.  Rep.  887. 
§  21 — People  vs.  Superior  Court,  100  Cal. 
105,  114,  34  Pac.  Rep.  492.  §§21,  25,  31 — 
Wilson  vs.  Henderson,  123  Cal.  258,  263,  55 
Pac.  Rep.  986.  §§23,  61— Crawford  vs.  Mad- 
dux, 100  Cal.  222,  224,  34  Pac.  Rep.  651. 
§§  24,  47,  53 — Wagner  vs.  Superior  Court, 
100  Cal.  359,  360,  34  Pac.  Rep.  820.  §47 — 
Ex  parte  Clark,  110  Cal.  405,  406,  42  Pac. 
Rep.  905.  §49— In  re  Marsh,  115  Cal.  230, 
232,  46  Pac.  Rep.  1072.  §  .55 — Priest  vs. 
Brown,  100  Cal.  626,  631,  35  Pac.  Rep.  323; 
La  Point  vs.  Blanchard,  101  Cal.  549,  551, 
36  Pac.  Rep.  98;  Ex  parte  Clarke,  103  Cal. 
352,  37  Pac.  Rep.  230;  Chevalier  vs.  Cum- 
mins, 106  Cal.  580,  582,  39  Pac.  Rep.  929; 
Grunsky  vs.  Parlin,  110  Cal.  179,  181,  42  Pac. 


Rep.  575;  Mathews  vs.  Chaboya,  111  Cal.  435, 
437,  44  Pac.  Rep.  169;  Salisbury  vs.  Burr, 
114  Cal.  451,  454,  46  Pac.  Rep.  270;  McNeil 
vs.  Hansen,  115  Cal.  214,  Zl6,  46  Pac.  Rep. 
1065;  McDonald  vs.  Cutter,  120  Cal.  44,  45, 
52  Pac.  Rep.  120;  Leonard  vs.  Miner,  120 
Cal.  403,  404,  52  Pac.  Rep.  655;  Keech  vs. 
Beatty,  127  Cal.  177,  180,  59  Pac.  Rep.  837; 
Ballou  vs.  Andrews  Banking  Co.,  128  Cal. 
562,  564,  61  Pac.  Rep.  102.  §§  55,  .56,  61 — 
La  Point  vs.  Boulware,  104  Cal.  264,  265,  37 
Pac.  Rep.  927.  §  60 — Noble  vs.  Superior 
Court,  109  Cal.  523,  526,  42  Pac.  Rep.  155. 
§67 — In  re  Chope,  112  Cal.  630,  632,  44  Pac. 
Rep.  1066.  Generally  —  Crane  vs.  Pacific 
Bank,  106  Cal.  64,  70,  39  Pac.  Rep.  215,  27 
L.  R.  A.  562;  Ward  vs.  Healy,  114  Cal.  191, 
195,  45  Pac.  Rep.  1065;  Scamman  vs.  Bons- 
lett,  118  Cal.  93,  95,  62  Am.  St.  Rep.  226,  60 
Pac.  Rep.  272.  Lien  receiver  —  Bories  vs. 
Union  B.  etc.  Assn.,  141  Cal.  74,  76. 

Stat.s.  1891,  511,  ch.  CCLXXVL—§  6— Tib- 
bets  vs.  Cohn  &  Co.,  116  Cal.  365,  366,  48 
Pac.  Rep.   372. 

Stats.  1893,  45,  ch.  XXVIII.— §  4.5 — Meher- 
In  vs.  Saunders.  131  Cal.  681,  693,  694,  63 
Pac.  Rep.  1084,  54  L.  R.  A.  272. 

Stats.  1895,  131,  ch.  CXLIII. — §  9— Ander- 
son vs.  Superior  Court,  122  Cal.  216,  218,  54 
Pac.  Rep.  829;  In  re  Mealy,  127  Cal.  103, 
104,  59  Pac.  Rep.  313;  In  re  Whipple,  129  Cal. 
426,  62  Pac.  Rep.  65.  §  12 — Sullivan  vs. 
Washburn  &  Moen  Co.,  139  Cal.  257,  259, 
72  Pac.  Rep.  992.  §  21 — Scoville  vs.  Ander- 
son, 131  Cal.  590,  592,  63  Pac.  Rep.  1013.  §§25, 
29,  30 — In  re  Corralitos  etc.  Co.,  130  Cal.  570, 
572,  62  Pac.  Rep.  1076.  §  32 — Estate  of  Raley, 
123  Cal.  38,  40,  55  Pac.  Rep.  790.  §§  39,  44,  45, 
48 — Estate  of  Levin  Bros.,  139  Cal.  350,  358. 
63  Pac.  Rep.  335,  73  Pac.  Rep.  159.  §40 — 
R.  H.  Herron  Co.  vs.  Superior  Court,  136 
Cal.  279-283,  89  Am.  St.  Rep.  124,  68  Pac. 
Rep.  814;  Keystone  etc.  Co.  vs.  Superior 
Court,  138  Cal.  472,  72  Pac.  Rep.  398.  §49— 
Scoville  vs.  Anderson,  131  Cal.  590,  593,  63 
Pac.  Rep.  1013.  §53 — Estate  of  Rich,  129 
Cal.  495,  62  Pac.  Rep.  56.  §§  54,  .55,  71— Sul- 
livan vs.  Washburn  &  Moen  Co.,  139  Cal. 
257,  259,  72  Pac.  Rep.  992.  §  55 — Meheren 
vs.  Saunders,  131  Cal.  681,  692,  63  Pac.  Rep. 
1084,  54  L.  R.  A.  272.  §  .59 — Matter  of  Muller 
&  Kennedy,  118  Cal.  432,  435,  50  Pac.  Rep. 
660;  Greenwalt  vs.  Mueller,  126  Cal.  636,  638, 

59  Pac.  Rep.  137;  Farmers  Ex.  Bank  vs. 
Purdy,  130  Cal.  455,  458,  62  Pac.  Rep.  738. 
§62 — LTnion  Collection  Co.  vs.  Soule,  141  Cal. 
99,  100,  74  Pac.  Rep.  549.  §64 — Estate  of 
Herbert,  122  Cal.  329,  331,  54  Pac.  Rep.  1109. 
Generally — In  re  Levy  &  Schwab,  130  Cal. 
282,  284,  62  Pac.  Rep.  520;  In  re  Yoell,  131 
Cal.  581,  63  Pac.  Rep.  913.  Additional  cases: 
§9 — In  re  Mealy,  127  Cal.  103-105,  59  Pac. 
Rep.  313.  §§9,  59 — In  re  Strock,  128  Cal. 
658-660,  61  Pac.  Rep.  282.  §48 — Perry  vs. 
Parrott,  135  Cal.  238,  244,  67  Pac.  Rep.  144. 
§§53,  54 — Estate   of   Clark,   128   Cal.    147-148, 

60  Pac.  Rep.  663.  §  59 — Perkins  vs.  Maier 
&  Zobelein  Brewery,  133  Cal.  496,  498,  65 
Pac.  Rep.  1030.  §  64 — Sunkler  vs.  McKenzie, 
127  Cal.  554,  556,  78  Am.  St.  Rep.  86,  59  Pac. 
Rep.  982. 


INSURANCE— INTOXICATING    LIQUORS— COLLEGE    CITY,  657 

INSPECTOR— FRUIT. 

See  Marks  and  Brands. 

INSURANCE  COMMISSIONER— DUTIES  RELATING  TO  SURETY  COM- 
PANIES. 
See  tits.  Bonds  Required  by  Law ;  Corporations. 

INSURANCE— FOREIGN  COMPANIES. 

The  statute  of  1885,  13,  ch.  XV,  requiring  fund,     was     held     unconstitutional     In     San 

companies    not    organized    under    the    laws  Francisco   vs.    Insurance   Co.,    74   Cal.    113,    5 

of    this    state    to    pay    certain    premiums    to  Am.    St.    Rep.    425,    15    Pac.    Rep.    380.     See 

counties  for  the  benefit  of  a  fireman's  relief  KERR'S   CYC.  POL.   CODE   §  596, 

INSURANCE— STATE. 

Relative  to  the  non-insurance  of  property  belonging  to  the  state  against  risk 

of  damage  or  destruction  by  fire. 

(Stats.  1891,  70,  ch.  LXXVIII.) 

§  1.  No  property  belonging  to  this  state  shall  hereafter  be  insured  against 
risk  of  damage  or  destruction  by  fire,  and  no  policy  of  fire  insurance  now 
existing  upon  any  property  belonging  to  this  state  shall  be  renewed  at  the 
expiration  thereof,  except  the  state  printing  office  and  its  contents. 

§  2.     This  act  shall  take  effect  immediately. 

INTEREST  AND  SINKING  FUND. 

See  tit.  State  Funds. 

INTEREST— STATE  BONDS. 

See  tits.  State  Debt;  University  of  California. 

INTERPRETERS— GRAND  JURIES. 

In   relation  to  interpreters  before   grand  juries. 
(Stats.  1871-2,  540,  ch.  CCCLXXXV.) 

The   abo-ve   statute   has   been   carried   Into  of    more    than     100,000     inhabitants     (Stats. 

the     Penal    Code    by     Stats.     1905,     694,     ch.  1885.   108,   ch.  CXXIV,   amended   1895,   37,   ch. 

DXXIX. — See     KERR'S     CYC.     PEN.     CODE  XXXII)    is    of    doubtful    utility.      As    to    San 

§  925.  Francisco    (see    Charter    of    1899,    §  1,    subd. 

An  act  authorizing  the  appointment  of  In-  20),    the    power   of    courts    to   appoint    inter- 

terpreters     of     Italian     language     in     cities  preters   in   proper   cases   is   unquestioned. 

INTOXICATING  LIQUORS— ACCOUNTS. 

See  tits.  Accounts — Saloon;  Children. 

And  see  next  following  statutes. 

INTOXICATING  LIQUORS— COLLEGE  CITY. 

To  prohibit  the  sale  of  intoxicating  liquors  within  one  mile  of  College  City, 

Colusa  County,  state  of  California. 

(Stats.  1875-6,  691,  ch.  CCCCLXXIII.) 

§  1.  It  shall  be  unlawful  for  any  person  or  persons  to  keep  or  expose  for 
sale,  or  sell,  or  give,  or  permit  others  to  take,  for  a  consideration,  directly  or 


558  INTOXICATING    LIftUORS— COLLEGES    AND    HOSPTALS. 

indirectly,  any  malt  or  spirituous,  or  other  alcoholic  liquors,  upon  or  within 
one  mile  of  the  southeast  corner  of  the  plat  of  ground  set  apart  for  college 
purposes  in  College  City,  Colusa  County,  state  of  California,  except  for 
medicinal  purposes. 

§  2.  Any  violation  of  section  one  of  this  act  shall  be  deemed  a  misde- 
meanor, punishable  by  fine,  or  imprisonment  in  the  jail  of  Colusa  County, 
or  both;  the  fine  to  be  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars,  and  the  imprisonment  not  to  be  less  than  thirty  nor  more  than  ninety 
days  for  each  offense. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

As   to   sale  o£  liquor   near   other   state    in-  Liquor    on    election    days. — See    next    fol- 

stitutions,    the    statutes    of   1873-4,    12;    1880,  lowing-   statute   and   note.      And   see    tit.    In- 

80,    and    1895,    161,    have    been    carried    into  toxicating'      Liquors  —  Mendocino      Hospital, 

the    Penal    Code    by    Stats.     1905,    652. — See  post,  and  note  thereunder. 
KERR'S    CYC.   PEN.    CODE    §  172. 

INTOXICATING  LIQUORS— ELECTIONS. 

i:  To  prevent  the  sale  of  intoxicating  beverages  on  election  days. 

(Stats.  1873-4,  297,  ch.  CXCVIII.) 

This  statute  has  been  carried  into  the  Penal  Code  by  Stats.  1905,  639-645,  ch.  CDLXXIX. 
— See  KERR'S  CYC.  PEN.  CODE  §  63b. 

INTOXICATING  LIQUORS— MENDOCINO  HOSPITAL. 

To  prohibit  the  sale  of  intoxicating  liquors  within  a  certain  distance  of  the 
Mendocino  State  Hospital  for  the  Insane. 

(Stats.  1905,  20,  ch.  XXVI.)  ^     . 

§  1.  It  shall  not  be  lawful  for  any  person  to  keep  any  saloon  or  bar,  or 
sell  or  offer  for  sale  an}^  spirituous,  vinous  or  malt  liquors,  within  one  mile 
of  the  asylum  building  of  the  Mendocino  State  Hospital  for  the  Insane  near 
Ukiah,  in  the  county  of  Mendocino,  state  of  California ;  and  any  person  violat- 
ing the  provisions  of  this  statute  shall  be  guilty  of  a  misdemeanor,  and  for 
each  offense  shall  be  punished  by  imprisonment  in  the  county  jail  for  not 
exceeding  six  months,  or  by  fine  not  less  than  fifty  dollars,  nor  more  than 
five  hundred  dollars;  and  in  case  of  the  non-payment  of  such  fine  such  person 
may  be  imprisoned  in  the  county  jail  at  the  rate  of  one  day  for  each  two 
dollars  of  said  fine  remaining  unpaid. 

By  stats.  1905,  652,  the  Statutes  of  1873-4,  Home,   and    State   Capitol.      Upon   the   Inter- 

12;    18S0,    80,   and   1895,    161,    are   believed   to  pretation    of    tlie    word    "reformatory"    will 

have  been  carried  into  the  Penal  Code. — See  depend    the    question    whether    liquors    may 

KERR'S    CYC.   PEN.    CODE   §  172.      But   that  be  sold  at  or  near  the  Insane  asylums  of  the 

section  seems  to  be  confined  to  lands  of  the  state.      The    Napa    hospital    was    specifically 

state   on  which  a  "prison   or  reformatory  is  mentioned   in   §  172   of  the   Penal   Code  prior 

situated"    and    to    the    University,    Soldiers'  to  the  late  amendment  to  that  section. 

INTOXICATING  LIQUOR— SALE. 

To  prevent  the  sale  of  intoxicating  liquors  to  persons  addicted  to  the  inor- 
dinate use   of  intoxicating  liquors. 

(Stats.  1889,  352,  ch.  CCXLI.) 

§  1.     Any  person  who,  after  receiving  notice  that  a  person  named  in  said 
notice  is  addicted  to  the  inordinate  use  of  intoxicating  liquors,  should  the 


INTOXICATING    LIQUORS— ILLEGAL     SALE.  659 

person  named  in  said  notice  be  so  addicted,  shall  thereafter,  within  a  period 
of  twelve  months,  furnish  to  said  person  so  addicted  to  the  inordinate  use 
of  intoxicating  liquors  any  spirituous  liquors,  wines,  or  intoxicating  or  malt 
liquors,  shall  be  guilty  of  a  misdemeanor,  and  punishable  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  fine  not  exceeding  two 
hundred  dollars,  or  by  both  such  fine  and  imprisonment.  Said  notice  shall 
be  in  writing,  and  may  be  given  by  any  adult  member  of  the  family  of  said 
person  so  addicted  to  the  inordinate  use  of  intoxicating  liquors,  or  by  any 
adult  relative  of  said  person  so  addicted  to  the  inordinate  use  of  said 
intoxicating  liquors. 

§  2.  The  provisions  of  this  act  shall  not  prohibit  any  regularly  licensed 
physician  from  furnishing  or  prescribing  said  liquors  in  case  of  sickness. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

But  Bee  KERR'S  CYC.  PEN.  CODE  §  397,  amendment  1903;  and  see  tits.  Children)  In- 
dians. 

INTOXICATING  LIQUORS— SOLDIERS'  HOME. 

To  prevent  the  sale  of  intoxicating  liquors  in  the  immediate  vicinity  of  soldiers' 

homes. 

(Stats.  1895,  161,  eh.  CLVI.) 

This  statute  has  been  carried  into  the  Penal  Code  by  Stats.  1905,  653,  ch.  CDXCI. — 
See  KERR'S  CYC.  PEN.  CODE  §  172. 

INTOXICATION. 

See  tit.  Officers. 

INVENTORIES— STATE  AND  COUNTY  PROPERTY. 

See  tit.  Public  Property. 

lONE. 

See  tit.  Preston  School  of  Industry. 

IRRIGATION  DISTRICTS. 

To  provide  for  the  organization  and  government  of  irrigation  districts,  and  to 
provide  for  the  acquisition  or  construction  thereby  of  works  for  the  irriga- 
tion of  the  lands  embraced  within  such  districts,  and,  also,  to  provide  for 
the  distribution  of  water  for  irrigation  purposes. 

(Stats.  1897,  254,  ch.  CLXXXIX;  amended  1901,  815,  ch.  CCLXIX;  amended 

1905,  27,  ch.  XXXIII.) 

ORGANIZATION. 

§  1.  A  majority  in  number  of  the  holders  of  title,  or  evidence  of  title,  to  lands 
susceptible  of  irrigation  from  a  common  .source  and  by  the  same  system  of  works, 
such  holders  of  title,  or  evidence  of  title,  representing  a  majority  in  value  of 
said  lands,  according  to  the  equalized  county  assessment  roll  or  rolls  for  the  year 
last  preceding,  may  propose  the  organization  of  an  irrigation  district,  under 


560  IRRIGATION    DISTRICTS— ORGANIZATION. 

the  provisions  of  this  act.     Said  equalized  assessment  roll  or  rolls  shall  be  suffi- 
cient evidence  of  title  for  the  purposes  of  this  act. 

§  2.  In  order  to  propose  the  organization  of  an  irrigation  district,  a  petition 
shall  be  presented  to  the  board  of  supervisors  of  the  county  in  vi'hich  the  lands 
within  the  proposed  district,  or  the  greater  portion  thereof,  are  situated,  signed 
by  the  required  number  of  holders  of  title,  or  evidence  of  title,  to  lands  within 
such  proposed  district,  and  representing  the  requisite  majority  in  value  of  said 
lands,  which  petition  shall  set  forth  the  boundaries  of  the  proposed  district,  and 
shall  state,  generally,  the  source  from  which  said  lands  are  proposed  to  be  irri- 
gated, and  the  character  of  the  works  proposed  to  be  acquired  or  constructed 
for  irrigation  purposes,  and  shall  pray  that  the  territory  embraced  within  the 
boundaries  of  the  proposed  district  may  be  organized  as  an  irrigation  district 
under  the  provisions  of  this  act.  The  petition  must  be  accompanied  with  a  good 
and  sufficient  undertaking,  to  be  approved  by  said  board  of  supervisors,  in 
double  the  amount  of  the  probable  cost  of  organizing  such  district,  conditioned 
that  the  sureties  shall  pay  all  of  said  costs,  in  case  said  organization  shall  not  be 
affected.  Said  petition  shall  be  presented  at  a  regular  meeting  of  said  board, 
and  shall  be  published  for  at  least  two  weeks  before  the  time  at  which  the  same 
is  to  be  presented,  in  some  newspaper  of  general  circulation  printed  and  pub- 
lished in  the  county  where  said  petition  is  presented,  together  with  a  notice 
stating  the  time  of  the  meeting  at  which  the  same  will  be  presented ;  and  if  any 
portion  of  the  lands  within  said  proposed  district  lie  within  another  county  or 
counties,  then  said  petition  and  notice  shall  be  published,  as  above  provided,  in  a 
newspaper  published  in  each  of  said  counties.  When  such  petition  is  presented, 
said  board  of  supervisors  shall  hear  the  same,  and  may  adjourn  such  hearing 
from  time  to  time,  not  exceeding  four  weeks  in  all.  And  on  the  final  hearing 
said  board  shall  make  such  changes  in  the  proposed  boundaries  as  may  be  deemed 
advisable,  and  shall  define  and  establish  such  boundaries.  But  said  board  shall 
not  modify  said  boundaries  so  as  to  exclude  from  such  proposed  district  any 
territory  which  is  susceptible  of  irrigation  from  a  common  source  and  by  the 
same  system  of  works  applicable  to  the  other  lands  in  such  proposed  district; 
nor  shall  any  lands  which  will  not,  in  the  judgment  of  said  board,  be  benefited 
by  irrigation,  by  means  of  said  system  of  works,  be  included  within  such  pro- 
posed district.  Any  person  whose  lands  are  susceptible  of  irrigation  from  the 
same  source  and  system  of  works,  may,  upon  his  application,  in  the  discretion  of 
said  board,  have  such  lands  included  within  said  proposed  district. 

§  3.  Upon  such  hearing  of  said  petition,  the  board  of  supervisors  shall  deter- 
mine whether  or  not  said  petition  complies  with  the  requirements  of  sections  one 
and  two  of  this  act,  and  for  that  purpose  must  hear  all  competent  and  relevant 
testimony  offered  in  support  or  in  opposition  thereto.  Such  determination  shall 
be  entered  upon  the  minutes  of  said  board  of  supervisors. 

§  4.  The  right  of  appeal  from  said  order  to  the  superior  court  of  the  county 
where  said  petition  is  heard  is  hereby  given  to  any  person  interested  who  is  a 
party  to  the  record ;  provided,  that  if  more  than  one  appeal  be  taken  they  shall 
be  consolidated  and  tried  together.  Such  appeal  shall  be  taken  within  ten  days 
after  the  entry  of  such  order  upon  the  minutes  of  the  board  of  supervisors.  The 
appeal  shall  be  taken  and  heard  in  the  same  manner  as  appeals  from  justices' 
'?ourts  to  the  superior  court,  except  as  herein  otherwise  provided.     Upon  the 


IRRIGATION     DISTRICTS— ELECTION.  661 

appeal,  the  superior  court  may  make  and  enter  its  judgment  affirming,  modify- 
ing, or  reversing  the  order  appealed  from.  Within  ten  days  thereafter  the  supe- 
rior court  must  cause  its  remittitur  to  issue  to  said  board  of  supervisors,  and  if 
said  order  of  the  board  of  supervisors  is  modified  or  reversed,  the  judgment  of 
the  superior  court  and  its  remittitur  shall  direct  the  board  of  supervisors  what 
order  it  shall  enter.  Such  remittitur  shall  be  filed  by  the  clerk  of  the  board  of 
supervisors,  and  at  the  first  regular  meeting  of  the  board  thereafter,  it  shall 
cause  to  be  entered  in  its  minutes  the  order  as  directed  by  said  superior  court. 
The  appeal  herein  provided  for  shall  be  heard  and  determined  v^'ithin  thirty 
days  from  the  time  of  filing  the  notice  of  appeal. 

§  5.  If,  on  said  final  hearing,  the  boundaries  of  the  proposed  district  are 
defined  and  established,  said  board  shall  make  an  order  dividing  said  district 
into  five  divisions,  as  nearly  equal  in  size  as  may  be  practicable,  which  shall  be 
numbered  first,  second,  third,  fourth,  and  fifth,  and  one  director  shall  be  elected 
for  each  division  by  the  electors  thereof;  provided,  that  if  so  requested  in  said 
petition,  the  board  may  order  that  there  shall  be  only  three  divisions  in  said 
district,  and  that  only  three  directors  be  elected,  or  that  they  be  elected  for  the 
district  at  large. 

ELECTION  ON  ORGANIZATION. 

§  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  election  to  be  held 
in  such  proposed  district,  for  the  purpose  of  determining  whether  or  not  the 
same  shall  be  organized  under  the  provisions  of  this  act.  Such  notice  shall 
describe  the  boundaries  so  established,  and  shall  designate  a  name  for  the  pro- 
posed district,  and  said  notice  shall  be  published  for  at  least  three  weeks  previous 
to  such  election,  in  a  newspaper  published  within  the  county  in  which  the  peti- 
tion for  the  organization  of  the  proposed  district  was  presented;  and  if  any 
portion  of  such  proposed  district  is  within  another  county  or  counties,  then  such 
notice  shall  be  published  for  the  same  length  of  time  in  a  newspaper  published 
in  each  of  said  counties.  Such  notice  shall  require  the  electors  to  cast  ballots, 
which  shall  contain  the  words  "Irrigation  District — ^Yes,"  or  "Irrigation  Dis- 
trict— No,"  or  words  equivalent  thereto,  and  also  the  names  of  persons  to  be 
voted  for  at  said  election.  For  the  purposes  of  said  election  the  board  of  super- 
visors must  establish  a  convenient  number  of  election  precincts  in  said  proposed 
district,  and  define  the  boundaries  of  the  same.  Such  election  shall  be  conducted 
as  nearly  as  practicable  in  accordance  with  the  general  election  laws  of  the  state, 
but  no  particular  form  of  ballot  shall  be  required. 

§  7.  At  such  election  there  shall  be  elected  a  board  of  directors,  and  an 
assessor,  tax  collector,  and  treasurer;  provided,  that  where  a  consolidation  of 
offices  as  hereinafter  provided  for  is  deemed  advisable  in  the  organization  of  a 
district,  the  petitioners  may  request  in  their  petition  for  organization  such  con- 
solidation, and  the  board  of  supervisors  calling  the  election  shall  in  its  order 
therefor  announce  such  consolidation,  and  then  only  one  person  shall  be  elected 
to  fill  the  several  offices  so  consolidated. 

§  8.  No  person  shall  be  entitled  to  vote  at  any  election  held  under  the  pro- 
visions of  this  act  unless  he  possesses  all  the  qualifications  required  of  electors 
under  the  general  election  laws  of  the  state. 

§  9.     The  board  of  supervisors  shall  meet  on  the  second  Monday  sueceedinsr 

Gen.  Laws — 38 


5C2  IRRIGATION    DISTRICTS— POWERS     OF    BOARDS     OF    DIRECTORS. 

such  election,  and  shall  proceed  to  canvass  the  votes  cast  thereat,  and  if  upon 
such  canvass  it  appears  that  at  least  two  thirds  of  all  the  votes  cast  are  "Irriga- 
tion District— Yes,"  said  board  shall,  by  an  order  entered  on  its  minutes, 
declare  the  territory  duly  organized  as  an  irrigation  district,  under  the  name 
theretofore  designated,  and  shall  declare  the  persons  receiving  respectively  the 
highest  number  of  votes  at  said  election  to  be  duly  elected. 

§  10.  Said  board  shall  then  cause  a  copy  of  such  order,  duly  certified,  to  be 
immediately  filed  for  record  in  the  office  of  the  county  recorder  of  any  county 
in  which  any  portion  of  the  lands  embraced  in  such  district  are  situated,  and 
must  also  immediately  forward  a  copy  thereof  to  the  clerk  of  the  board  of  super- 
visors of  each  of  said  last-mentioned  counties,  and  no  board  of  supervisors  of 
any  county  in  which  any  portion  of  the  lands  embraced  in  such  district  are  situ- 
ated shall,  after  the  date  of  the  organization  thereof,  allow  another  district  to  be 
formed  including  any  portion  of  said  lands,  without  the  consent  of  the  board 
of  directors  of  the  district  in  which  they  are  situated.  From  and  after  such 
filing,  the  organization  of  such  district  shall  be  complete. 

§  11.  Such  election,  on  organization,  may  be  contested  by  any  person  owning 
property  within  the  proposed  district  liable  to  assessment.  The  directors  elected 
at  such  election  shall  be  made  parties  defendant.  Such  contest  shall  be  brought 
in  the  superior  court  of  the  county  where  the  petition  for  organization  is  filed ; 
provided,  that  if  more  than  one  contest  be  pending  they  shall  be  consolidated 
and  tried  together.  The  court  having  jurisdiction  shall  speedily  try  such  con- 
test, and  determine,  upon  the  hearing,  whether  the  election  was  fairly  conducted 
and  in  substantial  compliance  with  the  requirements  of  this  act,  and  enter  its 
judgment  accordingly.  Such  contest  must  be  brought  within  twenty  days  after 
the  canvass  of  the  vote  and  declaration  of  the  result  by  the  board  of  supervisors. 
The  right  of  appeal  is  hereby  given  to  either  party  to  the  record  within  thirty 
days  from  entry  of  judgment.  The  appeal  must  be  heard  and  determined  by 
the  supreme  court  within  sixty  days  from  the  time  of  filing  the  notice  of  appeal. 

§  12.  The  officers  elected  at  the  election  hereinbefore  provided  for  shall  imme- 
diately enter  upon  their  duties  as  such,  upon  qualifying  in  the  manner  for  such 
officers  herein  provided.  Said  officers  shall  hold  office  respectively  until  their 
successors  are  elected  and  qualified. 

DUTIES  AND  POWERS  OF  BOARDS  OF  DIRECTORS. 

§  13.  The  directors  of  any  district  created  after  the  passage  of  th".?  act,  on 
the  first  Tuesday  after  their  election,  after  they  shall  have  qualified,  shall  meet 
and  classify  themselves  by  lot  into  two  classes,  as  nearly  equal  in  number  as 
possible,  and  the  term  of  office  of  the  class  having  the  greater  number  shall  expire 
at  the  next  general  February  election  in  this  act  provided  for;  and  the  term  of 
office  of  the  class  having  the  lesser  number  shall  terminate  at  the  next  general 
February  election  thereafter.  After  such  classification,  said  directors  shall 
organize  as  a  board,  shall  elect  a  president  from  their  number,  and  appoint  a 
secretary,  who  shall  each  hold  office  during  the  pleasure  of  the  board.  The  salary 
of  the  secretary  and  the  amount  of  the  bond  to  be  given  by  him  for  the  faithful 
performance  of  his  duties  shall  be  fixed  by  the  board  of  directors. 

§  14.  The  board  of  directors  shall  hold  a  regular  monthly  meeting,  in  their 
office,  on  the  first  Tuesday  in  every  month,  and  such  special  meetings  as  may  be 


IRRIGATION    DISTRICTS — POWERS     OF    BOARDS     OF    DIRECTORS.  563 

required  for  the  proper  transaction  of  business;  provided,  that  all  special  meet- 
ings must  be  ordered  by  a  majority  of  the  board.  The  order  must  be  entered  of 
record,  and  five  days'  notice  thereof  must,  by  the  secretary,  be  given  to  each 
member  not  joining  in  the  order.  The  order  must  specify  the  business  to  be 
transacted,  and  none  other  than  that  specified  must  be  transacted  at  such  special 
meeting.  All  meetings  of  the  board  must  be  public,  and  three  members  shall 
constitute  a  quorum  for  the  transaction  of  business;  provided,  however,  that 
when  the  board  consists  of  three  members  only,  then  in  such  case  two  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  but  on  all  questions  requiring  a 
vote  there  shall  be  a  concurrence  of  at  least  the  number  constituting  a  quorum. 
All  records  of  the  board  shall  be  open  to  public  inspection  during  business  hours. 
The  board  of  directors  shall,  on  the  first  Tuesday  in  January  of  each  and  every 
year  render,  and  immediately  thereafter  cause  to  be  published,  a  verified  state- 
ment of  the  financial  condition  of  the  district,  showing  particularly  the  receipts 
and  disbursements  of  the  last  preceding  year,  together  with  the  source  of  such 
receipts  and  purpose  of  such  disbursements.  Said  publication  shall  be  made  at 
least  once  a  week  for  tw^o  weeks,  in  some  paper  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district  is  situated. 

§  15.  The  board  shall  have  the  power,  and  it  shall  be  their  duty,  to  manage 
and  conduct  the  business  and  affairs  of  the  district ;  make  and  execute  all  neces- 
sary contracts ;  employ  and  appoint  such  agents,  officers,  and  employees  as  may 
be  required,  and  prescribe  their  duties.  The  board  and  its  agents  and  employees 
shall  have  the  right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the 
necessary  irrigation  works  and  the  line  for  any  canal  or  canals,  and  the  neces- 
sary branches  for  the  same,  on  any  lands  which  may  be  deemed  best  for  such 
location.  Said  board  shall  also  have  the  right  to  acquire,  either  by  purchase  or 
condemnation,  or  other  legal  means,  all  lands,  and  waters,  and  water  rights,  and 
other  property  necessary  for  the  construction,  use,  supply,  maintenance,  repair, 
and  improvements  of  said  canal  or  canals,  and  works,  including  canals  and  works 
constructed  and  being  constructed  by  private  owners,  lands  for  reservoirs  for  the 
storage  of  needful  waters,  and  all  necessary  appurtenances.  But  no  purchase  of 
any  waters,  or  water  rights,  or  canals,  or  reservoirs,  or  reservoir  sites,  or  irriga- 
tion works,  or  other  real  property  of  any  nature  or  kind,  for  any  price  in  excess 
of  ten  thousand  dollars  shall  be  final  or  binding  on  the  district,  nor  shall  the 
purchase  price  thereof  be  paid  until  a  petition  of  a  majority  of  the  holders  of 
title,  or  evidence  of  title,  to  lands  within  the  district,  such  holders  of  title,  or 
evidence  of  title,  representing  a  majority  in  value  of  said  land,  according  to  the 
last  equalized  assessment  roll  of  the  district,  shall  have  been  filed  with  the  board 
and  an  order  of  the  board  made  thereon  confirming  such  purchase.  Said  board 
may  also  construct  the  necessary  dams,  reservoirs,  and  works  for  the  collection 
of  water  for  said  district,  and  do  any  and  every  lawful  act  necessary  to  be  done, 
that  sufficient  water  may  be  furnished  to  each  landowner  in  said  district  for 
irrigation  purpases.  The  said  board  is  hereby  authorized  and  empow^ered  to 
take  conveyances  or  other  assurances  for  all  property  acquired  by  it  under  the 
provisions  of  this  act,  in  the  name  of  such  irrigation  district,  to  and  for  the  uses 
and  purposes  herein  expressed,  and  to  institute  and  maintain  any  and  all  actions 
and  proceedings,  suits  at  law  or  in  equity,  necessary  or  proper  in  order  to  fully 
carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect,  or  preserve 


564  IRRIGATION     DISTRICTS — WATER     REGULATIONS. 

any  and  all  rights,  privileges,  and  immunities  created  by  this  act,  or  acquired  in 
pursuance  thereof.  And  in  all  courts,  actions,  suits,  or  proceedings,  the  said 
board  may  sue,  appear,  and  defend  in  person  or  by  attorneys,  and  in  the  name  of 
such  irrigation  district.  It  shall  be  the  duty  of  said  board  to  establish  equitable 
by-laws,  rules,  and  regulations  for  the  distribution  and  use  of  water  among  the 
owners  of  said  lands,  which  must  be  printed  in  convenient  form  for  distribution 
in  the  district.  Said  board  shall  have  power  generally  to  perform  all  such  acts 
as  shall  be  necessary  to  fully  carry  out  the  purposes  of  this  act. 

§  15%.  The  board  of  directors,  when  they  deem  it  advisable  for  the  best 
interests  of  the  district,  and  the  convenience  of  the  electors  thereof,  may  at  any 
time,  but  not  less  than  sixty  days  before  an  election  to  be  held  in  the  district, 
change  the  boundaries  of  the  divisions  and  election  precincts  of  the  district; 
provided,  such  changes  shall  be  made  to  keep  each  division  as  nearly  equal  in 
area  and  population  as  may  be  practicable.  Such  change  of  boundaries  of  the 
divisions  must  be  shown  on  the  minutes  of  the  board.  The  board  of  directors  of 
any  irrigation  district  now  or  that  may  hereafter  be  organized  in  this  state,  shall 
also  have  the  power,  and  such  board  is  hereby  vested  with  authority  to  lease  the 
system  of  canals  and  works  in  the  district,  w'henever  such  leasing  may  be  for  the 
benefit  of  the  district;  provided,  that  when  the  directors  of  any  irrigation  dis- 
trict contemplate  the  leasing  of  the  canals  or  works  of  such  district,  they  shall 
give  notice  of  such  contemplation  by  publishing  the  same  in  some  newspaper 
published  in  the  county  in  which  such  irrigation  district  lies,  at  least  three  weeks 
prior  to  the  making  of  any  lease,  and  such  lease  shall  be  made  to  the  highest 
bidder.  But  such  board  shall  have  the  right  to  reject  any  and  all  bids.  Such 
lease  shall  in  no  way  interfere  with  any  rights  that  may  have  been  established 
by  law  at  the  time  such  lease  is  made ;  and  further  provided,  that  the  board  of 
directors  shall  require  a  good  and  sufficient  bond  to  secure  the  faithful  per- 
formance of  the  lease  by  the  lessees.     [New  section,  Stats.  1901,  815.] 

§  16.  In  case  of  condemnation  proceedings  the  board  shall  proceed,  in  the 
name  of  the  district,  under  the  provisions  of  title  seven,  part  three,  of  the  Code 
of  Civil  Procedure. 

WATER  REGULATIONS. 
§  17.  The  use  of  all  water  required  for  the  irrigation  of  the  lands  of  any 
district  formed  under  the  provisions  of  this  act,  or  the  act  of  which  this  is  sup- 
plementary or  amendatory,  together  with  the  rights  of  way  for  canals  and 
ditches,  sites  for  reservoirs,  and  all  other  property  required  in  fully  carrying  out 
the  provisions  of  this  act,  is  hereby  declared  to  be  a  public  use,  subject  to  the 
regulation  and  control  of  the  state,  in  the  manner  prescribed  by  law. 

§  18.  It  is  hereby  expressly  provided  that  all  waters  distributed  for  irri- 
gation purposes  shall  be  apportioned  ratably  to  each  landowner  upon  the  basis 
of  the  ratio  which  the  last  assessment  of  such  owner  for  district  purposes  within 
said  district  bears  to  the  whole  sum  assessed  upon  the  district;  provided,  that 
any  landowner  may  assign  the  right  to  the  whole  or  any  portion  of  the  waters 
so  apportioned  to  him. 

GENERAL  ELECTIONS. 
§  19.     An  election  shall  be  held  in  each  irrigation  district  on  the  first  AYed- 
nesday   in    February,    eighteen    hundred    and    ninety-nine,    and    on    the    first 


IRRIGATION     DISTRICTS — WATER     REGULATIOIVS.  665 

"Wednesday  in  February  in  each  second  year  thereafter,  at  which  an  assessor,  a 
collector,  and  a  treasurer,  and  directors  for  the  district  shall  be  elected.  The 
person  receiving  the  highest  number  of  votes  for  any  office  to  be  filled  at  such 
election  shall  be  elected  thereto.  The  assessor,  collector,  and  treasurer  shall  each 
hold  office  from  the  first  Tuesday  in  March  next  after,  for  two  years,  and  until 
his  successor  is  elected  and  qualified.  Within  ten  days  after  receiving  their 
certificates  of  election,  hereinafter  provided  for,  said  officers  shall  take  and  sub- 
scribe the  official  oathj  and  file  the  same  in  the  office  of  the  board  of  directors, 
and  execute  the  bond  hereinafter  provided  for.  The  assessor  shall  execute  an 
official  bond  in  the  sum  of  five  thousand  dollars,  and  the  collector  an  official  bond 
in  the  sum  of  twenty  thousand  dollars,  and  the  district  treasurer  an  official  bond 
in  the  sum  of  fifty  thousand  dollars ;  each  of  said  bonds  to  be  approved  by  the 
board  of  directors ;  provided,  that  the  board  of  directors  may,  if  it  shall  be 
deemed  advisable,  fix  the  bonds  of  the  treasurer  and  collector,  respectively,  to 
suit  the  conditions  of  the  district,  the  maximum  amount  of  the  treasurer's  bond 
not  to  exceed  fifty  thousand  dollars,  and  the  minimum  amount  thereof  not  to  be 
less  than  ten  thousand  dollars;  and  the  maximum  amount  of  the  collector's  bond 
not  to  exceed  twenty  thousand  dollars,  and  the  minimum  amount  thereof  not  to 
be  less  than  five  thousand  dollars.  Each  member  of  said  board  of  directors  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which  said  bonds 
shall  be  approved  by  the  judge  of  the  superior  court  of  said  county  where  such 
organization  was  effected,  and  shall  be  recorded  in  the  office  of  the  county 
recorder  thereof,  and  filed  with  the  secretary  of  said  board.  All  official  bonds 
herein  provided  for  shall  be  in  the  form  prescribed  by  law  for  the  official  bonds 
of  county  officers. 

§  20.  On  the  first  Tuesday  in  March  next  following  their  election,  the  direc- 
tors who  shall  have  been  elected  at  the  general  February  election,  shall  meet  and 
organize  as  a  board,  elect  a  president  and  appoint  a  secretary,  who  shall  each 
hold  office  during  the  pleasure  of  the  board.  And  the  directors  of  districts  now 
organized,  who  shall  have  been  elected  at  the  general  February  election  of 
eighteen  hundred  and  ninety-nine,  shall,  on  the  first  Tuesday  in  March  next 
thereafter,  when  they  meet  to  organize,  first  classify  themselves  by  lot  into  two 
classes  as  nearly  equal  in  number  as  possible.  And  the  term  of  office  of  the 
class  having  the  greater  number  shall  be  two  years ;  and  the  term  of  office  of  the 
lesser  number  shall  be  four  years.  The  full  term  of  office  of  directors  is  hereby 
fixed  at  four  years. 

§  21.  Fifteen  days  before  any  election  held  under  this  act,  subsequent  to  the 
organization  of  any  district,  the  secretary  of  the  board  of  directors  shall  cause 
notices  to  be  posted  in  three  public  places  in  each  election  precinct,  of  the  time 
and  place  of  holding  the  election,  and  shall  also  post  a  general  notice  of  the  same 
in  the  office  of  said  board,  wdiich  shall  be  established  and  kept  at  some  fixed  place, 
to  be  determined  by  said  board,  specifying  the  polling-places  of  each  precinct. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for  each  pre- 
cinct, from  the  electors  thereof,  one  inspector  and  two  judges,  who  shall  consti- 
tute a  board  of  election  for  such  precinct.  If  the  board  fail  to  appoint  a  board 
of  election,  or  the  members  appointed  do  not  attend  at  the  opening  of  the  polls 
on  the  morning  of  election,  the  electors  of  the  precinct  present  at  that  hour  may 
appoint  the  board,  or  supply  the  place  of  an  absent  member  thereof.    The  board 


566  IRRIGATION     DISTRICTS — WATER     REGULATIONS. 

of  directors  must,  in  its  order  appointing  the  board  of  election,  designate  the 
house  or  place  within  the  precinct  where  the  election  must  be  held. 

§  22.  The  inspector  is  chairman  of  the  election  board,  and  may  administer  all 
oaths  required  in  the  progress  of  an  election ;  and  appoint  judges  and  clerks,  if, 
during  the  progress  of  the  election,  any  judge  or  clerk  cease  to  act.  Any  mem- 
ber of  the  board  of  election,  or  any  clerk  thereof,  may  administer  and  certify 
oaths  required  to  be  administered  during  the  progress  of  an  election.  The  board 
of  election  for  each  precinct  must,  before  opening  the  polls,  appoint  two  persons 
to  act  as  clerks  of  the  election.  Before  opening  the  polls,  each  member  of  the 
board  and  each  clerk  must  take  and  subscribe  an  oath  to  faithfully  perform  the 
duties  imposed  upon  them  by  law.  Any  elector  of  the  precinct  may  administer 
and  certify  such  oath.  The  polls  must  be  opened  one  hour  after  sunrise  on  the 
morning  of  the  election,  and  be  kept  open  until  sunset,  when  the  same  must  be 
closed.  The  provisions  of  the  general  election  laws  concerning  the  form  of 
ballots  to  be  used  shall  not  apply  to  elections  held  under  this  act. 

§  23.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and  may  be  con- 
tinued during  all  the  time  the  polls  remain  opened,  and  shall  be  conducted,  as 
nearly  as  practicable,  in  accordance  with  the  provisions  of  the  general  election 
laws  of  this  state.  As  soon  as  all  the  votes  are  counted,  a  certificate  shall  be 
drawn  up  on  each  of  the  papers  containing  the  poll  list  and  tallies,  or  attached 
thereto,  stating  the  number  of  votes  each  one  voted  for  has  received,  and  desig- 
nating the  office  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 
figures  and  in  words  at  full  length.  Each  certificate  shall  be  signed  by  the  clerk, 
judge,  and  the  inspector.  One  of  said  certificates,  with  the  poll  list  and  the 
tally  paper  to  which  it  is  attached,  shall  be  retained  by  the  inspector,  and  pre- 
served by  him  at  least  six  months.  The  ballots  shall  be  strung  upon  a  cord  or 
thread  by  the  inspector,  during  the  counting  thereof,  in  the  order  in  which  they 
are  entered  upon  the  tally  list  by  the  clerks;  and  said  ballots,  together  with  the 
other  of  said  certificates,  with  the  poll  list  and  tally  paper  to  which  it  is  attached, 
shall  be  sealed  by  the  inspector  in  the  presence  of  the  judges  and  clerks,  and 
indorsed  "Election  returns  of  (naming  the  precinct)  precinct,"  and  be  directed 
to  the  secretary  of  the  board  of  directors,  and  shall  be  immediately  delivered  by 
the  inspector,  or  by  some  other  safe  and  responsible  carrier  designated  by  said 
inspector,  to  said  secretary,  and  the  ballots  shall  be  kept  unopened  for  at  least 
six  months ;  and  if  any  person  be  of  the  opinion  that  the  vote  of  any  precinct  has 
not  been  correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount  of  the  vote 
of  the  precinct  that  is  so  claimed  to  have  been  incorrectly  counted. 

§  24.  No  list,  tally  paper,  or  certificate  returned  from  any  election,  shall  be 
set  aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily  understood.  The 
board  of  directors  must  meet  at  its  usual  place  of  meeting  on  the  first  Monday 
after  each  election  to  canvass  the  returns.  If,  at  the  time  of  meeting,  the  returns 
from  each  precinct  in  the  district  in  which  the  polls  were  opened  have  been 
received,  the  board  of  directors  must  then  and  there  proceed  to  canvass  the 
returns;  but  if  all  the  returns  have  not  been  received,  the  canvass  must  be  post- 
poned from  day  to  day  until  all  the  returns  have  been  received,  or  until  six  post- 
ponements have  been  had.    The  canvass  must  be  made  in  public  and  by  opening 


IRRIGATION    DISTRICTS — TITLE    TO    PROPERTY.  567 

the  returns  and  estimating  the  vote  of  the  district  for  each  person  voted  for, 
and  declaring  the  result  thereof. 

§  25.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the  result  is 
declared,  enter  in  the  records  of  such  board  a  statement  of  such  result,  which 
statement  must  show:  (a)  The  whole  number  of  votes  cast  in  the  district,  and 
in  each  division  of  the  district;  (b)  the  names  of  the  persons  voted  for;  (c)  the 
office  to  fill  which  each  person  was  voted  for;  (d)  the  number  of  votes  given  in 
each  precinct  to  each  of  such  persons;  (e)  the  number  of  votes  given  in  each 
division  for  the  office  of  director,  and  the  number  of  votes  given  in  the  district 
for  the  offices  of  assessor,  collector,  and  treasurer.  The  board  of  directors  must 
declare  elected  the  persons  having  the  highest  number  of  votes  given  for  each 
office.  The  secretary  must  immediately  make  out  and  deliver  to  such  person  a 
certificate  of  election,  signed  by  him,  and  authenticated  with  the  seal  of  the 
board. 

In  case  of  a  vacancy  in  the  office  of  assessor,  collector,  or  treasurer,  the  vacancy 
shall  be  filled  by  appointment  of  the  board  of  directors ;  provided,  that  if  said 
board  of  directors  shall  neglect  or  refuse  to  make  such  appointment  within  a 
period  of  forty  days,  then  the  board  of  supervisors  of  the  county  wherein  the 
office  of  said  board  of  directors  is  situated  shall  make  such  appointment.  In  case 
of  a  vacancy  in  the  office  of  director,  the  vacancy  shall  be  filled  by  appointment 
by  the  board  of  supervisors  of  the  county  where  the  office  of  such  board  of 
directors  is  situated,  from  the  division  in  which  the  vacancy  occurred.  An  officer 
appointed  as  above  provided  shall  hold  his  office  until  the  next  regular  election 
for  said  district,  and  until  his  successor  is  elected  and  qualified. 

§  26.  A  director  shall  be  a  resident  and  freeholder  of  the  irrigation  district, 
but  not  necessarily  of  the  division  for  which  he  is  elected. 

§  27.  The  board  of  directors  may,  in  its  discretion,  consolidate  any  two  or 
more  of  the  offices  of  assessor,  collector,  and  treasurer.  The  order  of  consolida- 
tion must  be  made  at  least  thirty  days  prior  to  general  election  of  the  district, 
and  shall  take  effect  at  the  next  succeeding  election ;  provided,  that  the  board  of 
directors  may,  at  least  thirty  days  before  a  general  election  of  the  district,  where 
the  offices  have  been  consolidated,  segregate  the  same,  each  office  to  be  filled  at 
such  election. 

§  28.  In  any  district  the  board  of  directors  thereof  may,  upon  the  presenta- 
tion of  a  petition  therefor,  by  a  majority  of  the  holders  of  title,  or  evidence  of 
title,  of  said  district,  evidenced  as  above  provided,  order  that  on  and  after  the 
next  ensuing  general  election  for  the  district,  there  shall  be  either  three  or  five 
directors,  as  said  board  may  order,  and  they  shall  be  elected  by  the  district  at 
large,  or  by  divisions,  as  so  petitioned  and  ordered;  and  after  such  order  such 
directors  shall  be  so  elected. 

TITLE  TO  PR0PERT1(:. 

§  29.  The  legal  title  to  all  property  acquired  under  the  provisions  of  this  act 
shall  immediately  and  by  operation  of  law  vest  in  such  irrigation  district,  and 
shall  be  held  by  such  district  in  trust  for  and  is  hereby  dedicated  and  set  apart 
to  the  uses  and  purposes  set  forth  in  this  act.  And  said  board  is  hereby  author- 
ized and  empowered  to  hold,  use,  acquire,  manage,  occupy,  and  possess  said 
property  as  herein  provided. 


SOS  IRRIGATION     DISTRICTS— ISSUANCE     OF     BONDS. 

ISSUANCE  OF  BONDS. 

§  30.  For  the  purpose  of  constructing  necessary  irrigating  canals  and  works, 
and  acquiring  the  necessary  property  and  rights  therefor,  and  otherwise  carry- 
ing out  the  provisions  of  this  act,  the  board  of  directors  of  any  such  district, 
must,  as  soon  after  such  district  has  been  organized  as  may  be  practicable,  and 
also  whenever  thereafter  the  construction  fund  has  been  exhausted  by  expendi- 
tures herein  authorized  therefrom  and  it  is  necessary  to  raise  additional  money 
for  said  purposes,  estimate  and  determine  the  amount  of  money  necessary  to  be 
raised.  And  thereafter  said  board  when  petitioned  by  a  majority  of  the  holders 
of  title,  or  evidence  of  title,  to  lands  within  the  district,  such  holders  of  title,  oi 
evidence  of  title,  representing  a  majority  in  value  of  said  lands,  according  to  the 
equalized  assessment  roll  of  the  district,  if  such  has  theretofore  been  made,  and 
if  such  has  not  been  made,  then  according  to  the  equalized  county  assessment 
roll  covering  the  lands  of  such  district,  shall  immediately  call  a  special  election, 
at  which  shall  be  submitted  to  the  electors  of  such  district,  possessing  the  quali- 
fications prescribed  by  this  act,  the  question  whether  or  not  the  bonds  of  said 
district  in  the  amount  as  set  forth  in  said  petition  shall  be  issued.  Notice  of  such 
election  must  be  given  by  posting  notices  in  three  public  places  in  each  election 
precinct  in  said  district  for  at  least  twenty  days,  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  county  where  the  office  of  the  board 
of  directors  of  such  district  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeks.  Such  notices  must  specify  the  time  of  holding  the  election, 
the  amount  of  bonds  proposed  to  be  issued ;  and  said  election  must  be  held  and 
the  result  thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable 
in  conformity  with  the  provisions  of  this  act  governing  the  election  of  officers ; 
provided,  that  no  informalities  in  conducting  such  an  election  shall  invalidate 
the  same,  if  the  election  shall  have  been  otherwise  fairly  conducted.  At  such 
election  the  ballots  shall  contain  the  words  "Bonds — Yes,"  or  "Bonds — No," 
or  words  equivalent  thereto.  If  a  majority  of  the  votes  cast  are  "Bonds — Yes," 
the  board  of  directors  shall  cause  bonds  in  said  amount  to  be  issued ;  if  a  major- 
ity of  the  votes  cast  at  any  bond  election  are  "Bonds — No,"  the  result  of  such 
election  shall  be  so  declared  and  entered  of  record.  Whenever  thereafter  a  peti- 
tion of  the  character  hereinbefore  provided  for  in  this  section  is  presented  to  the 
board  it  shall  so  declare  of  record  in  its  minutes,  and  shall  thereupon  submit  such 
questions  to  said  electors  in  the  same  manner  and  with  like  effect  as  at  such  pre- 
vious election. 

§  31.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  payable  in 
gold  coin  of  the  United  States,  in  ten  series,  as  follows,  to  wit :  At  the  expiration 
of  twenty-one  years,  five  per  centum  of  the  whole  number  of  said  bonds;  at  the 
expiration  of  twenty-two  years,  six  per  centum;  at  the  expiration  of  twenty- 
three  years,  seven  per  centum;  at  the  expiration  of  twenty-four  years,  eight  per 
centum ;  at  the  expiration  of  twenty-five  years,  nine  per  centum ;  at  the  expira- 
tion of  twenty-six  years,  ten  per  centum ;  at  the  expiration  of  twenty-seven  years, 
eleven  per  centum ;  at  the  expiration  of  twenty-eight  years,  thirteen  per  centum ; 
at  the  expiration  of  twenty-nine  years,  fifteen  per  centum ;  and  at  the  expiration 
of  thirty  years,  sixteen  per  centum;  that  the  several  enumerated  percentages 
being  of  the  entire  amount  of  the  bond  issue,  but  each  bond  must  be  made  pay- 
able at  a  given  time  for  its  entire  amount  and  not  for  a  percentage.    Said  bonds 


IRRIGATION    DISTRICTS — ASSESSMENTS     FOR    WORKS.  660 

shall  bear  interest  at  the  rate  of  five  per  centum  per  annum,  payable  semi- 
annually, on  the  first  day  of  January  and  July  of  each  j^ear.  The  principal  and 
interest  shall  be  payable  at  the  place  designated  therein.  Said  bonds  shall  be 
each  of  the  denomination  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars ;  shall  be  negotiable  in  form,  signed  by  the  president  and  secre- 
tary, and  the  seal  of  the  board  of  directors  shall  be  affixed  thereto.  Each  issue 
shall  be  numbered  consecutively  as  issued,  and  the  bonds  of  each  issue  shall  be 
numbered  consecutively,  and  bear  date  at  the  time  of  their  issue.  Coupons  for 
the  interest  shall  be  attached  to  each  bond,  signed  by  the  secretary.  Said  bonds 
shall  express  on  their  face  that  they  were  issued  by  authority  of  this  act,  stating 
its  title  and  date  of  approval,  and  shall  also  so  state  the  number  of  the  issue  of 
which  such  bonds  are  a  part.  The  secretary  shall  keep  a  record  of  the  bonds 
sold,  their  number,  the  date  of  sale,  the  price  received,  and  the  name  of  the 
purchaser. 

§  32.  The  board  may  sell  said  bonds  from  time  to  time  in  such  quantities  as 
may  be  necessary  and  most  advantageous,  to  raise  money  for  the  construction 
of  said  canals  and  works,  the  acquisition  of  said  property  and  rights,  and  other- 
wise to  fully  carry  out  the  objects  and  purposes  of  this  act.  Before  making  any 
sale  the  board  shall,  at  a  meeting,  by  resolution,  declare  its  intention  to  sell  a 
specified  amount  of  the  bonds,  and  the  day  and  hour  and  place  of  such  sale,  and 
shall  cause  such  resolution  to  be  entered  in  the  minutes,  and  notice  of  the  sale  to 
be  given,  by  publication  thereof  at  least  three  wrecks,  in  some  newspaper  pub- 
lished in  the  county  where  the  office  of  the  board  of  directors  is  located,  and  in 
any  other  newspaper,  at  its  discretion.  The  notice  shall  state  that  sealed  pro- 
posals will  be  received  by  the  board  at  their  office,  for  the  purchase  of  bonds, 
till  the  day  and  hour  named  in  the  resolution.  At  the  time  appointed  the  board 
shall  open  the  proposals,  and  award  the  purchase  of  the  bonds  to  the  highest 
responsible  bidder ;  provided,  however,  that  they  may  reject  all  bids.  Said  board 
shall  in  no  event  sell  any  of  the  said  bonds  for  less  than  the  par  value  thereof. 

§  33.  Said  bonds,  and  the  interest  thereon,  shall  be  paid  by  revenue  derived 
from  an  annual  assessment  upon  the  real  property  of  the  district;  and  all  the 
real  property  in  the  district  shall  be  and  remain  liable  to  be  assessed  for  such 
payments,  as  hereinafter  provided. 

ASSESSMENT  FOR  COMPLETION  OF  WORKS. 
§  34.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be  insufficient  or 
in  case  the  bonds  be  unavailable  for  the  completion  of  the  plan  of  canal  and 
works  adopted,  and  additional  bonds  be  not  voted,  it  shall  be  the  duty  of  the 
board  of  directors  to  provide  for  the  completion  of  said  plan  by  levy  of  assess- 
ments therefor;  provided,  however,  that  such  levy  of  assessments  shall  not  be 
made  except  first  an  estimate  of  the  amount  required  for  such  purposes  has 
been  made  by  said  board,  and  the  question  as  to  the  making  of  said  levy 
submitted  to  a  vote  of  the  electors  of  the  district.  Before  such  question  is  sub- 
mitted the  order  of  submission  shall  be  entered  in  the  minutes  of  the  board, 
stating  the  amount  to  be  levied  and  the  purpose  therefor,  and  if  submitted  at  a 
special  election  said  order  shall,  in  addition,  fix  the  clay  of  election.  Notice  of 
such  election  must  be  given  by  posting  notices  in  three  public  places  in  each 
election  precinct  in  said  district  for  at  least  twenty  days,  and  also  by  publica- 


570  IRRIGATION    DISTRICTS— DUTIES     OF    ASSESSORS. 

tion  of  such  notice  in  some  newspaper  published  in  the  county  where  the  office 
of  the  board  of  directors  of  such  district  is  required  to  be  kept,  once  a  week  for 
at  least  three  successive  weeks.  Such  notices  must  specify  the  time  for  holding 
the  election,  and  the  amount  of  assessment  proposed  to  be  levied.  Said  election 
must  be  held  and  the  result  thereof  determined  and  declared  in  all  respects  as 
nearly  as  practicable  in  conformity  with  the  provisions  of  this  act  governing 
the  election  of  officers;  provided,  that  no  informalities  in  conducting  such  an 
election  shall  invalidate  the  same,  if  the  election  shall  have  been  otherwise  fairly 
conducted.  At  such  election  the  ballots  shall  contain  the  words  ' '  Assessment — 
Yes,"  or  "Assessment — No,"  or  words  equivalent  thereto.  If  a  majority  of  the 
votes  cast  are  "Assessment — Yes,"  the  board  of  directors  shall  cause  an  assess- 
ment in  the  amount  named  in  the  order  of  submission  to  be  levied ;  if  a  majority 
of  the  votes  cast  are  "Assessment — No,"  the  result  of  such  election  shall  be  so 
declared  and  entered  of  record. 

DUTIES  OF  THE  ASSESSOR. 

§  35.  The  assessor  must,  between  the  first  Monday  in  March  and  the  first 
Monday  in  June,  in  each  year,  assess  all  real  property  in  the  district,  to  the  per- 
sons who  own,  claim,  have  the  possession,  or  control  thereof,  at  its  full  cash 
value.  He  must  prepare  an  assessment  book,  with  appropriate  headings,  in 
which  must  be  listed  all  such  property  within  the  district,  in  which  must  be 
specified,  in  separate  columns,  under  the  appropriate  head:  (a)  The  name  of 
the  person  to  whom  the  property  is  assessed  (if  the  name  is  not  known  to  the 
assessor  the  property  shall  be  assessed  to  "unknown  owners")  ;  (b)  land  by 
township,  range,  section,  or  fractional  section,  and  when  such  land  is  not  a 
congressional  division  or  subdivision,  by  metes  and  bounds,  or  other  description 
sufficient  to  identify  it,  giving  an  estimate  of  the  number  of  acres,  locality,  and 
the  improvements  thereon;  (c)  city  and  town  lots,  naming  the  city  or  town,  and 
the  number  and  block,  according  to  the  system  of  numbering  in  such  city  or 
town,  and  the  improvements  thereon;  (d)  the  cash  value  of  real  estate,  other 
than  city  or  town  lots;  (e)  the  cash  value  of  improvements  on  such  real  estate; 
(f)  the  cash  value  of  city  and  town  lots;  (g)  the  cash  value  of  improvements 
on  city  and  town  lots;  (h)  the  cash  value  of  improvements  on  real  estate 
assessed  to  persons  other  than  the  owners  of  the  real  estate;  (i)  the  total  value 
of  all  property  assessed;  (j)  the  total  value  of  all  property  after  equalization 
by  the  board  of  directors;  (k)  such  other  things  as  the  board  of  directors  may 
require.  Any  property  which  may  have  escaped  the  payment  of  any  assessment 
for  any  year,  shall,  in  addition  to  the  assessment  for  the  then  current  year,  be 
assessed  for  such  year  with  the  same  efi^ect  and  with  the  same  penalties  as  are 
provided  for  such  current  year. 

§  36.  The  board  of  directors  must  allow  the  assessor  as  many  deputies,  to  be 
appointed  by  him,  as  will,  in  the  judgment  of  the  board,  enable  him  to  complete 
the  assessment  within  the  time  herein  prescribed.  The  board  must  fix  the  com- 
pensation of  such  deputies,  which  shall  be  paid  out  of  the  treasury  of  the  dis- 
trict. The  compensation  must  not  exceed  five  dollars  per  day  for  each  deputy, 
for  the  time  actually  engaged,  nor  must  any  allowance  be  made  but  for  work 
done  between  the  first  Monday  in  March  and  the  first  Monday  in  August  in  each 
year. 


IRRIGATION    DISTRICTS — EQUALIZATION— COLLECTION    OF    TAXES.  571 

§  37.  On  or  before  the  first  Monday  in  August  in  each  year,  the  assessor  must 
complete  his  assessment  book,  and  deliver  it  to  the  secretary  of  the  board,  who 
must  immediately  give  notice  thereof,  and  of  the  time  the  board  of  directors, 
acting  as  a  board  of  equalization,  will  meet  to  equalize  assessments,  by  publica- 
tion in  a  newspaper  published  in  each  of  the  counties  comprising  the  district. 
The  time  fixed  for  the  meeting  shall  not  be  less  than  twenty  nor  more  than  thirty 
days  from  the  first  publication  of  the  notice ;  and  in  the  mean  time  the  assess- 
ment book  must  remain  in  the  office  of  the  secretary  for  the  inspection  of  all 
persons  interested. 

EQUALIZATION  OF  ASSESSMENT. 

§  38.  Upon  the  day  specified  in  the  notice  required  by  the  preceding  section 
for  the  meeting,  the  board  of  directors,  which  is  hereby  constituted  a  board  of 
equalization  for  that  purpose,  shall  meet  and  continue  in  session  from  time  to 
time,  as  long  as  may  be  necessary,  not  to  exceed  ten  days,  exclusive  of  Sundays, 
to  hear  and  determine  such  objections  to  the  valuation  and  assessment  as  may 
come  before  them ;  and  the  board  may  change  the  valuation  as  may  be  just.  The 
secretary  of  the  board  shall  be  present  during  its  sessions,  and  note  all  changes 
made  in  the  valuation  of  property,  and  in  the  names  of  the  persons  whose  prop- 
erty is  assessed ;  and  within  ten  days  after  the  close  of  the  session  he  shall  have 
the  total  values,  as  finally  equalized  by  the  board,  extended  into  columns  and 
added. 

LEVY  OF  AND  COLLECTION  OF  TAXES. 

§  39.  The  board  of  directors  shall  then  levy  an  assessment  sufficient  to  raise 
the  annual  interest  on  the  outstanding  bonds,  and  in  any  year  in  which  any 
bonds  shall  fall  due  must  increase  said  assessment  to  an  amount  sufficient  to 
raise  a  sum  sufficient  to  pay  the  principal  of  the  outstanding  bonds  as  they 
mature.  The  secretary  of  the  board  must  compute  and  enter  in  a  separate 
column  of  the  assessment  book  the  respective  sums,  in  dollars  and  cents,  to  be 
paid  as  an  assessment  on  the  property  therein  enumerated.  When  collected,  the 
assessment  shall  be  paid  into  the  district  treasury  and  be  apportioned  to  the 
several  proper  funds. 

In  case  of  the  neglect  or  refusal  of  the  board  of  directors  to  cause  such  assess- 
ments and  levies  to  be  made  as  in  this  act  provided,  then  the  assessment  of  prop- 
erty made  by  the  county  assessor  and  the  state  board  of  equalization  shall  be 
adopted,  and  shall  be  the  basis  of  assessment  for  the  district,  and  the  board  of 
supervisors  of  the  county  in  which  the  office  of  the  board  of  directors  is  situated 
shall  cause  an  assessment  roll  for  said  district  to  be  prepared,  and  shall  make 
the  levy  required  by  this  act,  in  the  same  manner  and  with  like  efi'eet  as  if  the 
same  had  been  made  by  said  board  of  directors,  and  all  expenses  incident  thereto 
shall  be  borne  by  such  district.  In  case  of  the  neglect  or  refusal  of  the  collector 
or  treasurer  of  the  district  to  perform  the  duties  imposed  by  law,  then  the  tax 
collector  and  treasurer  of  the  county  in  which  the  office  of  the  board  of  directors 
is  situated  must,  respectively,  perform  such  duties,  and  shall  be  accountable 
therefor  upon  their  official  bonds  as  in  other  cases. 

§  40.  The  assessment  upon  real  property  is  a  lien  against  the  property 
assessed  from  and  after  the  first  Monday  in  March  for  any  year,  and  the  lien 
for  the  bonds  of  any  issue  shall  be  a  preferred  lien  to  that  for  any  subsequent 


573  IRRIGATION    DISTRICTS— NOTICE     OF    DELINQUENCY. 

issue   and  such  lien  is  not  removed  until  tlie  assessments  are  paid,  or  the  prop- 
erty sold  for  the  payment  thereof. 

§  41.  On  or  before  the  first  day  of  November,  the  secretary  must  deliver  the 
assessment  book  to  the  collector  of  the  district,  who  shall  within  twenty  days 
publish  a  notice,  in  a  newspaper  published  in  each  county  in  which  any  portion 
of  the  district  may  lie,  that  said  assessments  are  due  and  payable,  and  will 
become  delinquent  at  six  o'clock  p.  m.  on  the  last  Monday  of  December  next 
thereafter,  and  that  unless  paid  prior  thereto,  five  per  centum  will  be  added  to 
the  amount  thereof,  and  also  the  time  and  place  at  which  payment  of  assessments 
may  be  made,  which  notice  shall  be  published  for  the  period  of  two  weeks.  The 
collector  must  attend  at  the  time  and  place  specified  in  the  notice,  to  receive 
assessments,  which  must  be  paid  in  gold  and  silver  coin ;  he  must  mark  the  date 
of  payment  of  any  assessment  in  the  assessment  book,  opposite  the  name  of  the 
person  paying,  and  give  a  receipt  to  such  person,  specifying  the  amount  of  the 
assessment  and  the  amount  paid,  with  a  description  of  the  property  assessed. 
On  the  last  Monday  in  December,  at  six  o'clock  p.  m.,  of  each  year,  all  unpaid 
assessments  are  delinquent,  and  thereafter  the  collector  must  collect  thereon,  for 
the  use  of  the  district,  an  addition  of  five  per  centum. 

PUBLICATION  OF  DELINQUENT  NOTICE. 

§  42.  On  or  before  the  first  day  of  February,  the  collector  must  publish  the 
delinquent  list,  which  must  contain  the  names  of  the  persons  and  a  description 
of  the  property  delinquent,  and  the  amount  of  the  assessments  and  costs  due 
opposite  each  name  and  description.  He  must  append  to  and  publish  with  the 
delinquent  list  a  notice,  that  unless  the  assessments  delinquent,  together  with 
costs  and  percentage,  are  paid,  the  real  property  upon  which  such  assessments 
are  a  lien  will  be  sold  at  public  auction.  The  publication  must  be  made  once  a 
week  for  three  successive  weeks,  in  a  newspaper  published  in  the  county  in  which 
the  property  delinquent  is  situated;  provided,  that  if  any  property  assessed  to 
the  same  person  or  corporation  shall  lie  in  more  than  one  county,  then  such 
publication  may  be  made  in  any  county  in  which  any  portion  of  such  property 
may  lie.  The  publication  must  designate  the  time  and  place  of  sale.  The  time 
of  sale  must  not  be  less  than  twenty-one  nor  more  than  twenty-eight  days 
from  the  first  publication,  and  the  place  must  be  at  some  point  designated  by 
the  collector,  within  the  district ;  provided,  however,  that  if  there  should  occur 
any  error  in  the  publication  of  the  sale  of  the  delinquent  property,  which  might 
invalidate  a  sale  made  thereunder,  and  such  error  is  discovered  prior  to  sale 
thereunder,  the  collector  shall  at  once  republish  the  sale  of  the  property  affected 
by  such  error,  making  such  republication  conform  to  the  provisions  of  this  law, 
and  the  time  of  sale  designated  in  such  republication  must  not  be  less  than 
twenty-one  nor  more  than  twenty-eight  days  from  the  first  republication;  and 
the  place  of  sale  must  be  at  some  point  designated  by  the  collector  within  the 
district,  and  stated  in  such  republication. 

SALE  FOR  DELINQUENT  TAXES. 

§  43.     The  collector  must  collect,  in  addition  to  the  assessments  due  on  the 

delinquent  list  and  five  per  centum  added,  fifty  cents  on  each  lot,  piece,  or  tract 

of  land  separately  assessed.     On  the  day  fixed  for  the  sale,  or  some  subsequent 

day  to  which  he  may  have  postponed  it,  of  which  he  mu.st  give  nctice.  the  col- 


IRRIGATION      DISTRICTS — SALE     FOR     DELINQUENT     TAXES.  573 

lector,  between  the  hours  of  ten  a.  m.  and  three  o'clock  p.  m.,  must  commence 
the  sale  of  the  property  advertised,  commencing  at  the  head  of  the  list  and  con- 
tinuing alphabetically,  or  in  the  numerical  order  of  the  lots  or  blocks,  until  com- 
pleted. He  may  postpone  the  day  of  commencing  the  sales,  or  the  sale,  from  day 
to  day,  but  the  sale  must  be  completed  within  three  weeks  from  the  day  first 
fixed;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal  proceedings, 
the  time  of  the  continuance  of  such  proceedings  is  not  part  of  the  time  limited 
for  making  such  sale  or  sales ;  and  provided  further,  that  in  any  district  where 
the  validity  of  any  assessment  shall  be  in  litigation  at  the  time  this  act  shall  take 
effect,  the  sale  of  any  property,  w^hether  it  be  involved  in  such  litigation  or  not, 
may  be  postponed  for  a  time  not  to  exceed  four  months, 

§  44.  The  owner  or  person  in  possession  of  any  real  estate  offered  for  sale 
for  assessments  due  thereon  may  designate,  in  writing,  to  the  collector,  prior  to 
the  sale,  what  portion  of  the  property  he  wishes  sold,  if  less  than  the  whole ;  but 
if  the  owner  or  possessor  does  not,  then  the  collector  may  designate  it  and  the 
person  who  will  take  the  least  quantity  of  the  land,  or  in  case  an  undivided 
interest  is  assessed,  then  the  smallest  portion  of  the  interest,  and  pay  the  assess- 
ments and  costs  due,  including  two  dollars  for  the  duplicate  certificate  of  sale, 
is  the  purchaser.  If  the  purchaser  does  not  pay  the  assessments  and  costs  before 
ten  o'clock  a.  m.  the  following  day,  the  property  on  the  next  sale  day  must  be 
resold  for  the  assessments  and  costs.  But  in  ease  there  is  no  purchaser  in  good 
faith  for  the  same  on  the  first  day  that  the  property  is  offered  for  sale,  then, 
when  the  property  is  offered  thereafter  for  sale,  and  there  is  no  purcha.ser  in 
good  faith  for  the  same,  the  whole  amount  of  the  property  assessed  shall  be 
struck  off  to  the  irrigation  district  within  which  such  lands  are  situated  as  the 
purchaser,  and  the  duplicate  certificate  delivered  to  the  treasurer  of  the  district, 
and  filed  by  him  in  his  office.  No  charge  shall  be  made  for  the  duplicate  certifi- 
cate where  the  district  is  the  purchaser,  and,  in  such  case,  the  collector  shall  make 
an  entry,  "Sold  to  the  district,"  and  he  shall  be  credited  with  the  amount 
thereof  in  his  settlement.  An  irrigation  district  as  a  purchaser  at  such  sale, 
shall  be  entitled  to  the  same  rights  as  a  private  purchaser,  and  the  title  so 
acquired  by  the  district,  subject  to  the  right  of  redemption  herein  provided,  may 
be  conveyed  by  deed,  executed  and  acknowledged  by  the  president  and  secretary 
of  said  board ;  provided,  that  authority  to  so  convey  must  be  conferred  by  reso- 
lution of  the  board  entered  on  its  minutes,  fixing  the  price  at  which  such  sale 
may  be  made,  and  such  conveyance  shall  not  be  made  for  a  less  sum  than  the 
reasonable  market  value  of  such  property. 

§  45.  After  receiving  the  amount  of  assessments  and  costs,  the  collector  must 
make  out  in  duplicate  a  certificate,  dated  on  the  day  of  sale,  stating  (when 
known)  the  name  of  the  person  assessed,  a  description  of  the  land  sold,  the 
amount  paid  therefor,  that  it  was  sold  for  assessments,  giving  the  amount  and 
year  of  the  assessment,  and  specifying  the  time  when  the  purchaser  will  be 
entitled  to  a  deed.  The  certificate  must  be  signed  by  the  collector,  and  one  copy 
delivered  to  the  purchaser,  and  the  other  filed  in  the  office  of  the  county  recorder 
of  the  county  in  which  the  land  is  situated. 

§  46.  The  collector,  before  delivering  any  certificate,  must  in  a  book  enter  a 
description  of  the  land  sold,  corresponding  with  the  description  in  the  certificate, 


574  IRRIGATION    DISTRICTS — REDEMPTION    FROM    TAX    SALES. 

the  date  of  the  sale,  purchasers'  names,  and  amount  paid,  regularly  number  the 
description  on  the  margin  of  the  book,  and  put  a  corresponding  number  on  each 
certificate.  Such  book  must  be  open  to  public  inspection,  without  fee,  during 
office  hours,  when  not  in  actual  use.  On  filing  the  certificate  with  such  county- 
recorder  the  lien  of  the  assessments  vests  with  the  purchaser,  and  is  only  divested 
by  the  payment  to  him,  or  to  the  collector  for  his  use,  of  the  purchase  money, 
and  two  per  centum  per  month  from  the  day  of  sale  until  redemption. 

REDEMPTION  OF  PROPERTY  SOLD  FOR  DELINQUENT  TAXES. 

§  47.  A  redemption  of  the  property  sold  may  be  made  by  the  owner,  or  any 
party  in  interest,  within  twelve  months  from  the  date  of  purchase ;  provided,  that 
all  land  heretofore  sold  at  delinquent  tax  sale  under  any  of  the  provisions  of  an 
act  entitled  "An  act  to  provide  for  the  organization  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for  irrigation  purposes,"  approved 
March  seventh,  eighteen  hundred  and  eighty-seven,  or  the  acts  supplementary 
thereto  or  amendatory  thereof,  where  deeds  have  not  been  made  and  delivered, 
or  when  such  deed  has  been  made  to  the  district,  and  the  district  has  not  dis- 
posed of  the  same,  may  be  redeemed  any  time  within  six  months  from  January 
twenty-seventh,  eighteen  hundred  and  ninety-seven.  Redemption  must  be  made 
in  gold  or  silver  coin,  as  provided  for  the  collection  of  state  and  county  taxes, 
and  when  made  to  the  collector  he  must  credit  the  amount  paid  to  the  person 
named  in  the  certificate,  and  pay  it,  on  demand,  to  the  person  or  his  assignees. 
In  each  report  the  collector  makes  to  the  board  of  directors,  he  must  name  the 
person  entitled  to  redemption  money,  and  the  amount  due  each.  On  receiving 
the  certificate  of  sale,  the  county  recorder  must  file  it  and  make  an  entry  in  a 
book  similar  to  that  required  of  the  collector.  On  the  presentation  of  the  receipt 
of  the  person  named  in  the  certificate,  or  of  the  collector  for  his  use,  of  the  total 
amount  of  the  redemption  money,  the  recorder  must  mark  the  word  "Redeemed," 
the  date,  and  by  whom  redeemed,  on  the  certificate  and  on'the  margin  of  the  book 
where  the  entry  of  the  certificate  is  made.  If  the  property  is  not  redeemed 
within  the  time  herein  provided,  the  collector,  or  his  successor  in  office,  must  make 
to  the  purchaser,  or  his  assignee,  a  deed  of  the  property,  reciting  in  the  deed 
substantially  the  matters  contained  in  the  certificate,  and  that  no  person 
redeemed  the  property  during  the  time  allowed  by  law  for  its  redemption.  The 
collector  shall  receive  from  the  purchaser,  for  the  use  of  the  district,  two  dollars 
for  making  such  deed. 

§  48.  The  matter  recited  in  the  certificate  of  sale  must  be  recited  in  the  deed, 
and  such  deed, duly  acknowledged  or  proved  is  prima  facie  evidence  that:  (a) 
The  property  was  assessed  as  required  by  law;  (b)  the  property  was  equalized 
as  required  by  law;  (c)  that  the  assessments  were  levied  in  accordance  with 
law;  (d)  the  assessments  were  not  paid;  (e)  at  a  proper  time  and  place  the 
property  was  sold  as  prescribed  by  law,  and  by  the  proper  officer;  (f)  the  prop- 
erty was  not  redeemed;  (g)  the  person  who  executed  the  deed  was  the  proper 
officer.  Such  deed  duly  acknowledged  or  proved  is  (except  as  against  actual 
fraud)  conclusive  evidence  of  the  regularity  of  all  the  proceedings  from  the 
assessment  by  the  assessor,  inclusive,  up  to  the  execution  of  the  deed.  The  deed 
conveys  to  the  grantee  the  absolute  title  to  the  lands  described  therein  free  of 


IRRIGATIOIV    DISTRICTS— REDEMPTION    FROM    BONDS.  675 

all  encumbrances,  except  when  the  land  is  owned  by  the  United  States,  or  this 
state,  in  which  case  it  is  prima  facie  evidence  of  the  right  of  possession. 

§  49.  The  assessment  book  or  delinquent  list,  or  a  copy  thereof,  certified  by 
the  collector,  showing  unpaid  assessments  against  any  person,  or  property,  is 
prima  facie  evidence  of  the  assessment,  the  property  assessed,  the  delinquency, 
the  amount  of  assessments  due  and  unpaid,  and  that  all  the  forms  of  the  law  in 
relation  to  the  assessment  and  levy  of  such  assessments  have  been  complied  with. 

§  50.  AVhen  land  is  sold  for  assessments  correctly  imposed,  as  the  property  of 
a  particular  person,  no  misnomer  of  the  owner,  or  supposed  owner,  or  other 
mistake  relating  to  the  ownership  thereof,  affects  the  sale,  or  renders  it  void,  or 
voidable. 

§  51.  On  the  first  Monday  in  each  month,  the  collector  must  settle  with  the 
secretary  of  the  board  for  all  moneys  collected  for  assessments,  and  pay  the  same 
over  to  the  treasurer ;  and  within  six  days  thereafter  he  must  deliver  to  and  file 
in  the  office  of  the  secretary  a  statement  under  oath,  showing:  (a)  An  account 
of  all  his  transactions  and  receipts  since  his  last  settlement;  (b)  that  all  money 
collected  by  him  as  collector  has  been  paid.  The  collector  shall  also  file  in  the 
office  of  the  secretary,  on  said  first  Monday  in  each  month,  the  receipt  of  the 
treasurer  for  the  money  so  paid. 

EEDEMPTION  OF  BONDS,  AND  PAYIVIENT  OF  INTEREST. 
§  52.  Upon  the  presentation  of  the  coupons  due,  to  the  treasurer,  he  shall  pay 
the  same  from  the  bond  fund.  Whenever  said  fund  shall  amount  to  the  sum  of 
ten  thousand  dollars  in  excess  of  an  amount  sufficient  to  meet  the  interest  cou- 
pons due,  the  board  of  directors  may  direct  the  treasurer  to  pay  such  an  amount 
of  said  bonds  not  due  as  the  money  in  said  fund  will  redeem,  at  the  lowest  value 
at  which  they  may  be  offered  for  liquidation,  after  advertising  in  the  manner 
hereinbefore  provided  for  the  sale  of  bonds,  for  sealed  proposals  for  the  re- 
demption of  said  bonds.  Said  proposals  shall  be  opened  by  the  board  in  open 
meeting,  at  a  time  to  be  named  in  the  notice,  and  the  lowest  bid  for  said  bonds 
must  be  accepted ;  provided,  that  no  bond  shall  be  redeemed  at  a  rate  above  par. 
In  case  the  bids  are  equal,  the  lowest  numbered  bond  shall  have  the  preference. 
In  case  none  of  the  holders  of  said  bonds  shall  desire  to  have  the  same  redeemed, 
as  herein  provided  for,  said  money  shall  be  invested  by  the  treasurer,  under  the 
direction  of  the  board,  in  United  States  bonds,  or  the  bonds  of  the  state,  which 
shall  be  kept  in  said  "Bond  Fund,"  and  may  be  used  to  redeem  said  district 
bonds  whenever  the  holders  thereof  may  desire. 

CONSTRUCTION  OF  WORKS. 
§  53.  After  adopting  a  plan  for  such  canal  or  canals,  storage  reservoirs,  and 
works,  as  in  this  act  provided  for,  the  board  of  directors  shall  give  notice,  by 
publication  thereof  not  less  than  twenty  days  in  one  newspaper  published  in 
each  of  the  counties  composing  the  district  (provided,  a  newspaper  is  published 
therein),  and  in  such  other  newspapers  as  they  may  deem  advisable,  calling  for 
bids  for  the  construction  of  such  work,  or  of  any  portion  thereof;  if  less  than 
the  whole  work  is  advertised,  then  the  portion  so  advertised  must  be  particularly 
described  in  such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that  the  board  will  receive  sealed  pro- 


576  IRRIGATION    DISTRICTS— CONSTRUCTION    OP    WORKS. 

posals  therefor,  and  that  the  contract  will  be  let  to  the  lowest  responsible  bidder, 
stating  the  time  and  place  for  opening  said  proposals,  which,  at  the  time  and 
place  appointed,  shall  be  opened  in  public ;  and  as  soon  as  convenient  thereafter 
the  board  shall  let  said  work,  either  in  portions  or  as  a  whole,  to  the  lowest 
responsible  bidder;  or  they  may  reject  any  or  all  bids  and  readvertise  for  pro- 
posals, or  may  proceed  to  construct  the  work  under  their  own  superintendence. 
Contracts  for  the  purchase  of  material  shall  be  awarded  to  the  lowest  responsible 
bidder.  Any  person  or  persons  to  whom  a  contract  may  be  awarded  shall  enter 
into  a  bond,  with  good  and  sufficient  sureties,  to  be  approved  by  the  board,  pay- 
able to  said  district  for  its  use,  for  twenty-five  per  centum  of  the  amount  of  the 
contract  price,  conditioned  for  the  faithful  performance  of  said  contract.  The 
work  shall  be  done  under  the  direction  and  to  the  satisfaction  of  the  engineer, 
and  be  approved  by  the  board. 

§  54.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by  the  board,  and 
only  upon  a  warrant  signed  by  the  president,  and  countersigned  by  the  secre- 
tary; provided,  that  the  board  may  draw,  from  time  to  time,  from  the  construc- 
tion fund,  and  deposit  in  the  county  treasury  of  the  county  where  the  office  of 
the  board  is  situated  any  sum  in  excess  of  the  sum  of  twenty-five  thousand  dol- 
lars. The  county  treasurer  of  said  county  is  hereby  authorized  and  required 
to  receive  and  receipt  for  the  same  and  place  the  same  to  the  credit  of  said  dis- 
trict, and  he  shall  be  responsible  upon  his  official  bond  for  the  safe-keeping  and 
disbursement  of  the  same,  as  in  this  act  provided.  He  shall  pay  out  the  same, 
or  any  portion  thereof,  to  the  treasurer  of  the  district  only,  and  only,  upon  the 
order  of  the  board,  signed  by  the  president,  and  attested  by  the  secretary.  The 
said  county  treasurer  shall  report,  in  writing,  on  the  second  Monday  in  each 
month,  the  amount  of  money  in  the  county  treasury,  the  amount  of  receipts  for 
the  mouth  preceding,  and  the  amount  or  amounts  paid  out ;  said  report  shall  be 
verified  and  filed  with  the  secretary  of  the  board.  The  district  treasurer  shall 
also  report  to  the  board,  in  writing,  on  the  first  Monday  in  each  month,  the 
amount  of  money  in  the  district  treasury,  the  amount  of  receipts  for  the  month 
preceding,  and  the  amount  and  items  of  expenditures,  and  said  report  shall  be 
verified  and  filed  with  the  secretary  of  the  board. 

§  55.  The  cost  and  expense  of  purchasing  and  acquiring  property  and  con- 
structing the  works  and  improvements  herein  provided  for,  shall  be  wholly  paid 
out  of  the  construction  fund.  For  the  purpose  of  defraying  the  expenses  of  the 
organization  of  the  district,  and  of  the  care,  operation,  management,  repair,  and 
improvement  of  such  portions  of  said  canal  and  works  as  are  completed  and  in 
use,  including  salaries  of  officers  and  employees,  the  board  may  in  lieu  (either  in 
part  or  in  whole)  of  levying  assessments  as  herein  provided  for,  fix  rates  of 
tolls  and  charges,  and  collect  the  same  from  all  persons  using  said  canal  for 
irrigation  and  other  purposes. 

§  56.  The  board  of  directors  shall  have  power  to  construct  the  said  works 
across  any  stream  of  water,  watercourse,  street,  avenue,  highway,  railM'ay,  canal, 
ditch,  or  flume  which  the  route  of  said  canal  or  canals  may  intersect  or  cross, 
in  such  manner  as  to  afford  security  for  life  and  property;  but  said  board 
shall  restore  the  same,  when  so  crossed  or  intersected,  to  its  former  state  as  near 
as  may  be,  or  in  a  sufficient  manner  not  to  have  impaired  unnecessarily  its  use- 


IRRIGATION    DISTRICTS— GOVERNING    DIRECTORS.  577 

fulness;  and  every  company  whose  railroad  shall  be  intersected  or  crossed  by 
said  works  shall  unite  with  said  board  in  forming  said  intersections  and  cross- 
ings, and  grant  the  privileges  aforesaid;  and  if  such  railroad  company  and 
said  board,  or  the  owners  and  controllers  of  the  said  property,  thing,  or  fran- 
chise so  to  be  crossed,  cannot  agree  upon  the  amount  to  be  paid  therefor,  or  the 
points  or  the  manner  of  said  crossings  or  intersections,  the  same  shall  be  ascer- 
tained and  determined  in  all  respects  as  is  herein  provided  in  respect  to  the 
taking  of  land.  The  right  of  way  is  hereby  given,  dedicated,  and  set  apart,  to 
locate,  construct,  and  maintain  said  works  over  and  through  any  of  the  lands 
which  are  now  or  may  be  the  property  of  this  state ;  and  also  there  is  given,  dedi- 
cated, and  set  apart,  for  the  uses  and  purposes  aforesaid,  all  waters  and  water 
rights  belonging  to  this  state  within  the  district. 

GOVERNING  DIRECTORS. 

§  57.  The  directors,  when  sitting  as  a  board,  or  acting  under  the  orders  of  the 
board,  shall  each  receive  not  to  exceed  three  dollars  per  day,  and  actual  and 
necessary  expenses  paid  while  engaged  in  official  business  under  the  order  of  the 
board.  The  board  shall  fix  the  compensation  to  be  paid  to  all  officers  named  in 
this  act,  to  be  paid  out  of  the  trea.sury  of  the  district;  provided,  that  said  board 
shall,  upon  the  petition  of  at  least  fifty,  or  a  majority  of  the  freeholders  within 
such  district,  therefor,  submit  to  the  electors  at  any  general  election  a  schedule 
of  salaries  and  fees  to  be  paid  hereunder.  Such  petition  must  be  presented  to 
the  board  not  less  than  twenty  days  nor  more  than  forty  daj-s  prior  to  a  general 
election,  and  the  result  of  such  election  shall  be  determined  and  declared  in  all 
respects  as  other  elections  are  determined  and  declared  under  this  act. 

§  58.  No  director  or  any  other  officer  named  in  this  act  shall  in  any  manner 
be  interested,  directly  or  indirectly,  in  any  contract  awarded  or  to  be  awarded 
by  the  board,  or  in  the  profits  to  be  derived  therefrom ;  and  for  any  violation  of 
this  provision,  such  officer  shall  be  deemed  guilty  of  a  misdemeanor,  and  such 
conviction  shall  work  a  forfeiture  of  his  office,  and  he  shall  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

SPECIAL   ASSESSMENTS. 

§  59.  The  board  of  directors  may,  at  any  time,  when  in  their  judgment  it  may 
be  deemed  advisable,  call  a  special  election  and  submit  to  the  qualified  electors 
of  the  district  the  question,  whether  or  not  a  special  a.ssessment  shall  be  levied 
for  the  purpose  of  raising  money  to  be  applied  to  any  of  the  purposes  provided 
in  this  act.  Such  election  must  be  called  upon  the  notice  prescribed,  and  the 
same  shall  be  held  and  the  result  thereof  determined  and  declared  in  all  respects 
in  conformity  with  the  provisions  of  section  thirty  of  this  act.  The  notice  must 
specify  the  amount  of  money  proposed  to  be  raised  and  the  purpose  for  which 
it  is  intended  to  be  used.  At  such  elections  the  ballots  shall  contain  the  words 
"Assessment — Yes,"  or  "Assessment — No."  If  two  thirds  or  more  of  the  votes 
east  are  "Assessment — Yes,"  the  board  shall,  at  the  time  of  the  annual  levy 
hereunder,  levy  an  assessment  sufficient  to  raise  the  amount  voted. 

§  60.  The  rate  of  assessments  levied  under  the  provisions  of  this  act  shall 
be  ascertained  by  deducting  fifteen  per  centum  for  anticipated  delinquencies 
from  the  aggregate  assessed  value  of  the  property  in  the  district  as  it  appears  on 

Gen.  Laws — 37 


578  IRRIGATION    DISTRICTS — GOVERNING    USE    OF    WATER. 

the  assessment  roll  for  the  current  year,  and  then  dividing  the  sum  voted  by  the 
remainder  of  such  aggregate  assessed  value.  The  assessments  so  levied  shall  be 
computed  and  entered  on  the  assessment  roll  by  the  secretary. of  the  board,  and 
collected  at  the  same  time  and  in  the  same  manner  as  other  assessments  provided 
for  herein;  and  when  collected  shall  be  paid  into  the  district  treasury  for  the 
purposes  specified  in  the  notice  of  such  special  election. 

INCURRING  INDEBTEDNESS. 

§  61.  The  board  of  directors,  or  other  officers  of  the  district,  shall  have  no 
power  to  incur  any  debt  or  liability  whatever,  either  by  issuing  bonds  or  other- 
wise, m  excess  of  the  express  provisions  of  this  act;  and  any  debt  or  liability 
incurred  in  excess  of  such  express  provisions  shall  be  and  remain  absolutely 
void,  except  that  for  the  purposes  of  organization,  or  for  any  of  the  purposes  of 
this  act,  the  board  of  directors  may,  before  the  collection  of  the  first  assessment, 
incur  an  indebtedness  not  exceeding  in  the  aggregate  the  sum  of  two  thousand 
dollars,  and  may  cause  warrants  of  the  district  to  issue  therefor,  bearing  interest 
at  seven  per  centum  per  annum. 

GOVERNING  THE  USE  OF  WATER. 

§  62.  In  case  the  volume  of  water  in  any  stream  or  river  shall  not  be  sufficient 
to  supply  the  continual  wants  of  the  entire  country  through  which  it  passes,  and 
susceptible  of  irrigation  therefrom,  then  it  shall  be  the  duty  of  the  water  com- 
missioners, constituted  as  hereinafter  provided,  to  apportion,  in  a  just  and 
equitable  proportion,  a  certain  amount  of  said  water  upon  certain  or  -alternate 
weekly  days  to  dift'erent  localities,  as  they  may,  in  their  judgment,  think  best 
for  the  interest  of  all  parties  concerned,  and  with  due  regard  to  the  legal  and 
equitable  rights  of  all.  Said  water  commissioners  shall  consist  of  the  chairman 
of  the  board  of  directors  of  each  of  the  districts  affected. 

§  63.  It  shall  be  the  duty  of  the  board  of  directors  to  keep  the  water  flowing 
through  the  ditches  under  their  control  to  the  full  capacity  of  such  ditches  in 
times  of  high  water. 

§  64.  Navigation  shall  never  in  anywise  be  impaired  by  the  operation  of 
this  act,  nor  shall  any  vested  interest  in  or  to  any  mining  water  rights  or  ditches, 
or  in  or  to  any  water  or  water  rights,  or  reservoirs  or  dams  now  used  by  the 
owners  or  possessors  thereof  in  connection  with  any  mining  industry,  or  by  per- 
sons purchasing  or  renting  the  use  thereof,  or  in  or  to  any  other  property  now 
used,  directly  or  indirectly,  in  carrying  on  or  promoting  the  mining  industry, 
ever  be  aft'ected  by  or  taken  under  its  provisions,  save  and  except  that  rights  of 
way  may  be  acquired  over  the  same. 

§  65.  Nothing  herein  contained  shall  be  deemed  to  authorize  any  person  or 
persons  to  divert  the  waters  of  any  river,  creek,  stream,  canal,  or  ditch  from  its 
channel,  to  the  detriment  of  any  person  or  persons  having  any  interest  in  such 
river,  creek,  stream,  canal,  or  ditch,  or  the  waters  therein,  unless  previous  com- 
pensation be  ascertained  and  paid  therefor,  under  the  laws  of  this  state  authoriz- 
ing the  taking  of  private  property  for  public  uses. 

EXEMPTION  FROM  TAXATION— CREATION  OF  FUNDS. 

§  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water  rights,  reser- 
voirs, and  other  property  of  like  character,  belonging  to  any  irrigation  district 
shall  not  be  taxed  for  state  and  county  or  municipal  purposes. 


IRRIGATION     DISTRICTS— GENERAL.     PROVISIONS.  579 

§  67.  The  following  funds  are  hereby  created  and  established,  to  which  the 
moneys  properly  belonging  shall  be  apportioned,  to  wit:  Bond  fund,  construc- 
tion fund,  general  fund. 

GENERAL  PROVISIONS. 

§  68.  The  board  of  directors  may,  at  any  time  after  the  issue  of  any  bonds 
or  the  levy  of  any  assessment  herein  provided  for,  bring  an  action  in  the  superior 
court  of  the  county  wherein  is  located  the  office  of  such  board,  to  determine  the 
validity  of  any  such  bonds  or  such  levy  of  assessments;  such  action  shall  be  in 
the  nature  of  a  proceeding  in  rem,  and  jurisdiction  of  all  parties  interested  may 
be  had  by  publication  of  summons  for  at  least  once  a  w^eek  for  three  weeks  in 
some  paper  of  general  circulation  published  in  the  county  where  the  action  is 
pending,  such  paper  to  be  designated  by  the  court  having  jurisdiction  of  the 
proceedings.  Jurisdiction  shall  be  complete  within  ten  days  after  the  full  publi- 
cation of  such  summons  in  the  manner  herein  provided.  Any  one  interested  may 
at  any  time  before  the  expiration  of  said  ten  days  appear  and  by  proper  pro- 
ceedings contest  the  validity  of  such  bonds  or  assessments.  Such  action  shall 
be  speedily  tried  and  judgment  rendered  declaring  such  matter  so  contested 
either  valid  or  invalid.  Either  party  may  have  the  right  to  appeal  to  the 
supreme  court  at  any  time  within  thirty  days  after  the  rendition  of  such  judg- 
ment, which  appeal  must  be  heard  and  determined  within  three  months  from 
the  time  of  taking  such  appeal. 

§  69.  If  no  such  proceedings  shall  have  been  brought  by  the  board  of  di- 
rectors, then,  at  any  time  within  thirty  days  after  the  levy  of  an  assessment  or 
issue  of  any  bonds  under  the  provisions  of  this  act,  any  district  assessment  payer 
may  bring  an  action  in  the  superior  court  of  the  county  where  the  office  of  the 
board  of  directors  is  located,  to  determine  the  validity  of  any  such  assessment 
or  such  bonds.  The  board  of  directors  shall  be  made  parties  defendant,  and 
service  of  summons  shall  be  made  on  the  members  of  the  board  personally.  Said 
board  shall  have  the  right  to  appear  and  contest  such  action.  Such  action  shall 
be  speedily  tried,  with  the  right  of  appeal  to  either  party,  within  the  time  and 
manner  herein  provided  for  the  bringing  of  actions  by  the  board  to  determine 
such  matters.  Such  appeal  shall  be  heard  and  determined  in  the  manner  and 
within  the  time  therein  provided. 

§  70.  If  more  than  one  action  shall  be  pending  at  the  same  time  concerning 
similar  contests  in  this  act  provided  for,  they  shall  be  consolidated  and  tried 
together. 

§  71.  The  court  hearing  any  of  the  contests  herein  provided  for,  in  inquiring 
into  the  regularity,  legality,  or  correctness  of  such  proceedings,  must  disregard 
any  error,  irregularity,  or  omission  which  does  not  affect  the  substantial  rights 
of  the  parties  to  said  action  or  proceeding.  The  rules  of  pleading  and  practice 
provided  by  the  Code  of  Civil  Procedure,  which  are  not  inconsistent  with  the 
provisions  of  this  act,  are  applicable  to  all  actions  or  proceedings  herein  provided 
for.  The  motion  for  a  new  trial  of  any  such  action  or  proceeding  must  be  heard 
and  determined  within  ten  days  from  the  filing  of  the  notice  of  intention.  The 
costs  on  any  hearing,  or  contest  herein  provided  for,  may  be  allowed  and  appor- 
tioned between  the  parties,  or  taxed  to  the  losing  party,  in  the  discretion  of 
Ihe  court. 


580  IRRIGATION    DISTRICTS— EXCLUSION     OF     LANDS. 

§  72.  No  contest  of  anything  or  matter  herein  provided  shall  be  made  other 
than  within  the  time  and  manner  herein  specified. 

§  73.  For  any  wilful  violation  of  any  express  duty  herein  provided  for,  on  the 
part  of  any  officer  herein  named,  he  shall  be  liable  upon  his  official  bond,  and  be 
subject  to  removal  from  office,  by  proceedings  brought  in  the  superior  court  of 
the  county  wherein  the  office  of  the  board  of  directors  of  the  district  is  located, 
by  any  assessment  payer  of  the  district. 

EXCLUSION  OF  LANDS. 

§  74.  The  boundaries  of  any  irrigation  district  now  organized  or  hereafter 
organized  under  the  provisions  of  this  act,  may  be  changed,  and  tracts  of  land 
which  were  included  within  the  boundaries  of  such  district  at  or  after  its  or- 
ganization under  the  provisions  of  said  act,  may  be  excluded  therefrom,  in  the 
manner  herein  prescribed;  but  neither  such  change  of  the  boundaries  of  the 
districts  nor  such  exclusion  of  lands  from  the  district  shall  impair  or  affect  its 
organization,  or  its  right  in  or  to  property,  or  any  of  its  rights  or  privileges  of 
whatever  kind  or  nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract, 
obligation,  lien,  or  charge  for  or  upon  which  said  district  was  and  may  become 
liable  or  chargeable,  had  such  change  of  its  boundaries  not  been  made,  or  had 
not  such  land  been  excluded  from  the  district. 

§  75.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land  which  con- 
stitute a  portion  of  an  irrigation  district  may  jointly  or  severally  file  with  the 
board  of  directors  of  the  di-strict  a  petition,  praying  that  such  tract  or  tracts, 
and  any  other  tracts  contiguous  thereto,  may  be  excluded  and  taken  from  said 
district.  The  petition  shall  state  the  grounds  and  reasons  upon  which  it  is 
claimed  that  such  lands  should  be  excluded  and  shall  describe  the  boundaries 
thereof,  and  also  the  lands  of  such  petitioner  or  petitioners  which  are  included 
within  such  boundaries;  but  the  description  of  such  lands  need  not  be  more 
particular  or  certain  than  is  required  when  the  lands  are  entered  in  the  assess- 
ment book  by  the  county  assessor.  Such  petition  must  be  acknowledged  in  the 
same  manner  and  form  as  is  required  in  the  case  of  a  conveyance  of  land,  and 
the  acknowledgment  shall  have  the  same  force  and  effect  as  evidence  as  the 
acknowledgment  of  such  a  conveyance. 

§  76.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of  the  filing 
of  such  petition  to  be  published  for  at  least  two  weeks  in  some  newspaper  pub- 
lished in  the  county  where  the  office  of  the  board  of  directors  is  situated,  and  if 
any  portion  of  such  territory  to  be  excluded  lie  within  another  county  or  coun- 
ties, then  said  notice  shall  be  so  published  in  a  newspaper  published  within  each 
of  said  counties ;  or  if  no  newspaper  be  published  therein,  then  by  posting  such 
notice  for  the  same  time  in  at  least  three  public  places  in  said  district,  and  in 
case  of  the  posting  of  said  notices,  one  of  said  notices  must  be  so  posted  on  the 
lands  proposed  to  be  excluded.  The  notice  shall  state  the  filing  of  such  petition, 
the  names  of  the  petitioners,  a  description  of  the  lands  mentioned  in  said  peti- 
tion, and  the  prayer  of  said  petition;  and  it  shall  notify  all  persons  interested  in, 
or  who  may  be  affected  by  such  change  of  the  boundaries  of  the  district,  to 
appear  at  the  office  of  said  board  at  a  time  named  in  said  notice,  and  show 
cause,  in  writing,  if  any  they  have,  why  the  change  of  the  boundaries  of  said 
district,  as  proposed  in  said  petition,  should  not  be  made.     The  time  to  be  speci- 


IRRIGATION    DISTRICTS— EXCLUSION     OF     LANDS.  581 

iied  in  the  notice  at  which  they  shall  be  required  to  show  cause  shall  be  the 
regular  meeting  of  the  board  next  after  the  expiration  of  the  time  for  the  publi- 
cation of  the  notice. 

§  77.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  notice, 
or  at  the  time  or  times  to  which  the  hearing  of  said  petition  may  be  adjourned, 
shall  proceed  to  hear  the  petition,  and  all  evidence  or  proofs  that  may  or  shall 
be  introduced  by  or  on  behalf  of  the  petitioner  or  petitioners,  and  all  objections 
to  such  petition  that  may  or  shall  be  presented  in  writing  by  any  person  showing 
cause  as  aforesaid,  and  all  evidence  and  proofs  that  may  be  introduced  in  sup- 
port of  such  objections.  Such  evidence  shall  be  taken  down  in  shorthand,  and  a 
record  made  thereof  and  filed  with  the  board.  The  failure  of  any  person  inter- 
ested m  said  district,  other  than  the  holders  of  bonds  thereof  outstanding  at  the 
time  of  the  filing  of  said  petition  with  said  board,  to  show  cause,  in  writing,  why 
the  tract  or  tracts  of  land  mentioned  in  said  petition  should  not  be  excluded  from 
said  district,  shall  be  deemed  and  taken  as  an  assent  by  him  to  the  exclusion  of 
such  tract  or  tracts  of  land,  or  any  part  thereof,  from  said  district ;  and  the 
filing  of  such  petition  with  said  board,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  by  each  and  all  of  such  petitioners  to  the  exclusion  from  such  dis- 
trict of  the  lands  mentioned  in  the  petition,  or  any  part  thereof.  The  expenses 
of  giving  said  notice  and  of  the  aforesaid  proceeding  shall  be  paid  by  the  person 
or  persons  filing  such  petition. 

§  78.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs  in 
support  thereof  be  introduced,  or  if  the  evidence  fail  to  sustain  said  petition,  or 
if  the  board  deem  it  not  for  the  best  interests  of  the  di.strict  that  the  lands,  or 
some  portion  thereof,  mentioned  in  the  petition,  should  be  excluded  from  the 
district,  the  board  shall  order  that  said  petition  be  denied  as  to  such  lands ;  but 
if  the  said  board  deem  it  for  the  best  interest  of  the  district  that  the  lands 
mentioned  in  the  petition,  or  some  portion  thereof,  be  excluded  from  the  dis- 
trict, and  if  no  person  interested  in  the  district  show  cause,  in  writing,  why  the 
said  lands,  or  some  portion  thereof,  should  not  be  excluded  from  the  district,  or 
if,  having  shown  cause,  withdraws  the  same,  or  upon  the  hearing  fails  to  estab- 
lish such  objections  as  he  may  have  made,  then  it  shall  be  the  duty  of  the  board 
to,  and  it  shall  forthwith,  make  an  order  that  the  lands  mentioned  and  described 
in  the  petition,  or  some  defined  portion  thereof,  be  excluded  from  said  district; 
provided,  that  it  shall  be  the  duty  of  said  board  to  so  order,  upon  petition  there- 
for as  aforesaid,  that  all  lands  so  petitioned  to  be  excluded  from  said  district 
shall  be  excluded  therefrom  which  cannot  be  irrigated  from,  or  which  are  not 
susceptible  to,  or  would  not,  by  reason  of  being  permanently  devoted  to  uses 
other  than  agricultural,  horticultural,  viticultural,  or  grazing,  be  directly  bene- 
fited by  the  actual  irrigation  of  the  same  from  a  common  source,  or  by  the  same 
system  of  works  with  the  other  lands  of  said  district,  or  from  the  source  selected, 
chosen,  or  provided,  or  the  system  adopted  for  the  irrigation  of  the  lands  of  said 
district,  or  which  are  already  irrigated,  or  entitled  to  be  irrigated,  from  another 
source  or  by  another  system  of  irrigation  works.     [Amendment,  Stats.  1905,  27.] 

§  79.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of  the  filing  of 
said  petition,  the  holders  of  such  outstanding  bonds  may  give  their  a.ssent,  in 
writing,  to  the  effect  that  they  severally  consent  that  the  lands  mentioned  in  the 
petition,  or  such  portion  thereof  as  may  be  excluded  from  said  district  by  order 


582  IRRIGATION    DISTRICTS— EXCLUSION     OF     LANDS. 

of  said  board,  or  the  decree  of  the  superior  court  as  hereinafter  provided,  may 
be  excluded  from  the  district;  and  if  said  lands,  or  any  portion  thereof,  be 
thereafter  excluded  from  the  district,  the  lands  so  excluded  shall  be  released 
from  the  lien  of  such  outstanding  bonds.  The  assent  must  be  acknowledged  by 
the  several  holders  of  such  bonds  in  the  same  manner  and  form  as  is  required  in 
case  of  a  conveyance  of  land,  and  the  acknowledgment  shall  have  the  same  force 
and  effect  as  evidence  as  the  acknowledgment  of  such  conveyance.  The  assent 
shall  be  filed  with  the  board,  and  must  be  recorded  in  the  minutes  of  the  board ; 
and  said  minutes,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board,  shall 
be  admissible  in  evidence,  with  the  same  effect  as  the  said  assent,  and  such  certi- 
fied copy  thereof  may  be  recorded  in  the  ofiice  of  the  county  recorder  of  the 
county  wherein  said  lands  are  situated. 

§  80.  In  the  event  the  said  board  of  directors  shall  exclude  any  lands  from 
said  district  upon  petition  therefor,  it  shall  be  the  duty  of  the  board  of  directors 
to  make  an  entry  in  the  minutes  of  the  board  describing  the  boundaries  of  the 
district,  should  the  exclusion  of  said  lands  from  said  district  change  the  bound- 
aries of  said  district,  and  for  that  purpose  the  board  may  cause  a  survey  to  be 
made  of  such  portions  of  the  district  as  the  board  may  deem  necessary;  and  a 
certified  copy  of  the  entry  in  the  minutes  of  the  board  excluding  any  land,  certi- 
fied by  the  president  and  secretary  of  the  board,  shall  be  filed  for  record  in  the 
recorder 's  office  of  each  county  within  which  are  situated  any  of  the  lands  of  the 
district;  but  said  district,  notwithstanding  such  exclusion,  shall  be  and  remain 
an  irrigation  district  as  fully,  to  every  intent  and  purpose,  as  it  would  be  had 
no  change  been  made  in  the  boundaries  of  the  district,  or  had  the  lands  excluded 
therefrom  never  constituted  a  portion  of  the  district. 

§  81.  If  the  lands  excluded  from  any  district  under  this  act  shall  embrace 
the  greater  portion  of  any  division  or  divisions  of  such  district,  then  the  office 
of  director  for  such  division  or  divisions  shall  become  and  be  vacant  at  the 
expiration  of  ten  days  from  the  final  order  of  the  board  excluding  said  lands ; 
and  such  vacancy  or  vacancies  shall  be  filled  by  appointment  by  the  board  of 
supervisors  of  the  county  where  the  office  of  such  board  is  situated,  from  the 
district  at  large.  A  director  appointed  as  above  provided,  shall  hold  his  office 
until  the  next  regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

§  82.  At  least  thirty  days  before  the  next  general  election  of  such  district, 
the  board  of  directors  thereof  shall  make  an  order  dividing  said  district  into 
three  or  five  divisions,  as  the  case  may  require,  as  nearly  equal  in  size  as  may  be 
practicable,  which  shall  be  numbered  first,  second,  third,  and  so  on,  and  one 
director  shall  be  elected  by  each  division.  For  the  purposes  of  elections  in  such 
district,  the  said  board  of  directors  must  establish  a  convenient  number  of 
election  precincts,  and  define  the  boundaries  thereof,  which  said  precincts  may  be 
changed  from  time  to  time,  as  the  board  of  directors  may  deem  necessary. 

§  83.  A  guardian  and  executor,  or  an  administrator  of  an  estate,  who  is  ap- 
pointed as  .such  under  the  laws  of  this  state,  and  who,  as  such  guardian,  executor, 
or  administrator,  is  entitled  to  the  possession  of  the  lands  belonging  to  the 
estate  which  he  represents,  may,  on  behalf  of  his  ward,  or  the  estate  which  he 
represents,  upon  being  thereto  properly  authorized  by  the  proper  court,  sign 


IRRIGATION    DISTRICTS — INCLUSION    OF    LANDS.  583 

and  acknowledge  the  petition  in  this  act  mentioned,  and  may  show  cause,  as  in 
this  act  provided,  why  the  boundaries  of  the  district  should  not  be  changed. 

§  84.  Nothing  in  this  act  provided  shall,  in  any  manner,  operate  to  release 
any  of  the  lands  so  excluded  from  the  district  from  any  obligation  to  pay,  or 
any  lien  thereon,  of  any  valid  outstanding  bonds  or  other  indebtedness  of  said 
district  at  the  time  of  the  filing  of  said  petition  for  the  exclusion  of  said  lauds, 
but  upon  the  contrary,  said  lands  shall  be  held  subject  to  said  lien,  and  answer- 
able and  chargeable  for  and  with  the  payment  and  discharge  of  all  of  said  out- 
standmg  obligations  at  the  time  of  the  filing  of  the  petition  for  the  exclusion  of 
said  land,  as  fully  as  though  said  petition  for  such  exclusion  were  never  filed 
and  said  order  or  decree  of  exclusion  never  made;  and  for  the  purpose  of  dis- 
charging such  outstanding  indebtedness,  said  lands  so  excluded  shall  be  deemed 
and  considered  as  part  of  said  irrigation  district  the  same  as  though  said  peti- 
tion for  its  exclusion  had  never  been  filed  or  said  order  or  decree  of  exclusion 
never  made,  and  all  provisions  which  may  have  been  resorted  to  to  compel  the 
payment  by  said  lands  of  its  quota  or  portion  of  said  outstanding  obligation, 
had  said  exclusion  never  been  accomplished,  may,  notwithstanding  said  exclu- 
sion, be  resorted  to  to  compel  and  enforce  the  payment  on  the  part  of  said  lands 
of  its  quota  and  portion  of  said  outstanding  obligations  of  said  irrigation  dis- 
trict for  which  it  is  liable,  as  herein  provided.  But  said  land  so  excluded  shall 
not  be  held  answerable  or  chargeable  for  any  obligation  of  any  nature  or  kind 
whatever,  incurred  after  the  filing  with  the  board  of  directors  of  said  district 
of  the  petition  for  the  exclusion  of  said  lands  from  the  said  district;  provided, 
that  the  provisions  of  this  section  shall  not  apply  to  any  outstanding  bonds  the 
holders  of  which  have  assented  to  the  exclusion  of  such  lands  from  said  district, 
as  hereinbefore  provided. 

INCLUSION  OF  LANDS. 

§  85.  The  boundaries  of  any  irrigation  district  now  organized  or  hereafter 
organized  under  the  provisions  of  this  act  may  be  changed  in  the  manner  herein 
prescribed;  but  such  change  of  the  boundaries  of  the  district  shall  not  impair 
or  affect  its  organization,  or  its  rights  in  or  to  property,  or  any  of  its  rights  or 
privileges  of  whatsoever  kind  or  nature ;  nor  shall  it  affect,  impair,  or  discharge 
any  contract,  obligation,  lien,  or  charge  for  or  upon  which  it  was  or  might  become 
liable  or  chargeable,  had  such  change  of  its  boundaries  not  been  made. 

§  86.  The  holder  or  holders,  of  title,  or  evidence  of  title,  representing  one 
half  or  more  of  any  body  of  lands  adjacent  to  the  boundary  of  an  irrigation 
district,  which  are  contiguous,  and  which,  taken  together,  constitute  one  tract  of 
land,  may  file  with  the  board  of  directors  of  said  district  a  petition,  in  writing, 
praying  that  the  boundaries  of  said  district  may  be  so  changed  as  to  include 
therein  said  lands.  The  petition  shall  describe  the  boundaries  of  said  parcel  or 
tract  of  land,  and  shall  also  describe  the  boundaries  of  the  several  parcels  owned 
by  the  petitioners,  if  the  petitioners  be  the  owners,  respectively,  of  distinct  par- 
cels, but  such  descriptions  need  not  be  more  particular  than  they  are  required  to 
be  when  such  lands  are  entered  by  the  county  assessor  in  the  assessment  book. 
Such  petition  must  contain  the  assent  of  the  petitioners  to  the  inclusion  within 
said  district  of  the  parcels  or  tracts  of  land  described  in  the  petition,  and  of 
which  said  petition  alleges  they  are,  respectively,  the  owners;  and  it  must  be 


584  IRRIGATION    DISTRICTS — IXCLUSION    OF    LANDS. 

acknowledged  in  the  same  manner  that  conveyances  of  land  are  required  to  be 
acknowledged. 

§  87.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of  the  filing 
of  such  petition  to  be  given  and  published  in  the  same  manner  and  for  the  same 
time  that  notices  of  special  elections  for  the  issue  of  bonds  are  required  by  this 
act  to  be  published.  The  notice  shall  state  the  filing  of  such  petition  and  the 
names  of  the  petitioners,  a  description  of  the  lands  mentioned  in  said  petition, 
and  the  prayer  of  said  petition ;  and  it  shall  notify  all  persons  interested  in,  or 
that  may  be  affected  by  such  change  of  the  boundaries  of  the  district,  to  appear 
at  the  office  of  said  board,  at  a  time  named  in  said  notice,  and  show  cause  in 
writing,  if  any  they  have,  why  the  change  in  the  boundaries  of  said  district,  as 
proposed  in  said  petition,  should  not  be  made.  The  time  to  be  specified  in  the 
notice  at  which  they  shall  be  required  to  show  cause  shall  be  the  regular  meeting 
of  the  board  next  after  the  expiration  of  the  time  for  the  publication  of  the 
notice.  The  petitioners  shall  advance  to  the  secretary  sufficient  money  to  pay  the 
estimated  costs  of  all  proceedings  under  this  act. 

§  88.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  said 
notice,  or  at  such  other  time  or  times  to  which  the  hearing  of  said  petition  may 
be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  the  objections  thereto, 
presented  in  writing  by  any  person  showing  cause  as  aforesaid  why  said  proposed 
change  of  the  boundaries  of  the  district  should  not  be  made.  The  failure  by  any 
person  interested  in  said  district,  or  in  the  matter  of  the  proposed  change  of  its 
boundaries,  to  show  cause,  in  writing,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  on  his  part  to  a  change  of  the  boundaries  of  the  district  as  prayed 
for  in  said  petition,  or  to  such  a  change  thereof  as  will  include  a  part  of  said 
lands.  And  the  filing  of  such  petition  with  said  board,  as  aforesaid,  shall  be 
deemed  and  taken  as  an  assent  on  the  part  of  each  and  all  of  such  petitioners  to 
such  a  change  of  said  boundaries  that  they  may  include  the  whole  or  any  portion 
of  the  lands  described  in  said  petition. 

§  89.  The  board  of  directors  to  whom  such  petition  is  presented,  may  require, 
as  a  condition  precedent  to  the  granting  of  the  same,  that  the  petitioners  shall 
severally  pay  to  such  district  such  respective  sums,  as  nearly  as  the  same  can 
be  estimated  (the  several  amounts  to  be  determined  by  the  board),  as  said  peti- 
tioners or  their  grantors  would  have  been  required  to  pay  to  such  district  as 
assessments,  had  such  lands  been  included  in  such  district  at  the  time  the  same 
was  originally  formed. 

§  90.  The  board  of  directors,  if  they  deem,  it  not  for  the  best  interests  of  the 
district  that  a  change  of  its  boundaries  be  so  made  as  to  include  therein  the  lands 
mentioned  in  the  petition,  shall  order  that  the  petition  be  rejected.  But  if  they 
deem  it  for  the  best  interests  of  the  district  that  the  boundaries  of  said  district 
be  changed,  and  if  no  person  interested  in  said  district  or  the  proposed  change 
of  its  boundaries  shows  cause,  in  writing,  why  the  proposed  change  should  not 
be  made,  or  if,  having  shoMm  cause,  withdraws  the  same,  the  board  may  order 
that  the  boundaries  of  the  district  be  so  changed  as  to  include  therein  the  lands 
mentioned  in  said  petition  or  some  part  thereof.  The  order  shall  describe  the 
boundaries  as  changed,  and  shall  also  describe  the  entire  boundaries  of  the  dis- 
trict as  they  will  be  after  the  change  thereof  as  aforesaid  is  made ;  and  for  that 


IRRIGATION    DISTRICTS— INCLUSIOIV    OF    LANDS,  585 

purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions  of  such 
boundary  as  is  deemed  necessary. 

§  91.  If  any  person  interested  in  said  district,  or  the  proposed  change  of  its 
boundaries,  shall  show  cause  as  aforesaid  why  such  boundaries  should  not  be 
changed,  and  shall  not  withdraw  the  same,  and  if  the  board  of  directors  deem  it 
for  the  best  interests  of  the  district  that  the  boundaries  thereof  be  so  changed 
as  to  include  therein  the  lands  mentioned  in  the  petition,  or  some  part  thereof, 
the  board  shall  adopt  a  resolution  to  that  etfect.  The  resolution  shall  describe 
the  exterior  boundaries  of  the  lands  which  the  board  are  of  the  opinion  should 
be  included  within  the  boundaries  of  the  district  when  changed. 

§  92.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last  preceding 
section,  the  board  shall  order  that  an  election  be  held  within  said  district,  to 
determine  wiiether  the  boundaries  of  the  district  shall  be  changed  as  mentioned 
in  said  resolution ;  and  shall  fix  the  time  at  which  such  election  shall  be  held, 
and  cause  notice  thereof  to  be  given  and  published.  Such  notice  shall  be  given 
and  published,  and  such  election  shall  be  held  and  conducted,  the  returns  thereof 
shall  be  made  and  canvassed,  and  the  result  of  the  election  ascertained  and  de- 
clared, and  all  things  pertaining  thereto  conducted  in  the  manner  prescribed 
by  said  act  in  case  of  a  special  election  to  determine  whether  bonds  of  an  irri- 
gation district  shall  be  issued.  The  ballots  east  at  said  election  shall  contain  the 
words  "For  change  of  boundary,"  or  "Against  change  of  boundary,"  or  words 
equivalent  thereto.  The  notice  of  election  shall  describe  the  proposed  change  of 
the  boundaries  in  such  manner  and  terms  that  it  can  readily  be  traced. 

§  93.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said  election  shall 
be  against  such  change  of  the  boundaries  of  the  district,  the  board  shall  order 
that  said  petition  be  denied,  and  shall  proceed  no  further  in  that  matter.  But  if 
a  majority  of  such  votes  be  in  favor  of  such  change  of  the  boundaries  of  the 
district,  the  board  shall  thereupon  order  that  the  boundaries  be  changed  in 
accordance  with  said  resolution  adopted  by  the  board.  The  said  order  shall 
describe  the  entire  boundaries  of  said  district,  and  for  that  purpose  the  board 
may  cause  a  survey  of  such  portions  thereof  to  be  made  as  the  board  may  deem 
necessary. 

§  94.  Upon  a  change  of  the  boundaries  of  a  district  being  made,  a  copy  of  the 
order  of  the  board  of  directors  ordering  such  change,  certified  by  the  president 
and  secretary  of  the  board,  shall  be  filed  for  record  in  the  recorder's  office  of  each 
county  within  which  are  situated  any  of  the  lands  of  the  district,  and  thereupon 
the  district  shall  be  and  remain  an  irrigation  district,  as  fully,  and  to  every 
intent  and  purpose,  as  if  the  lands  which  are  included  in  the  district  by  the 
change  of  the  boundaries,  as  aforesaid,  had  been  included  therein  at  the  original 
organization  of  the  district. 

§  95.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last  preceding 
section  mentioned,  the  secretary  shall  record  in  the  minutes  of  the  board  the 
petition  aforesaid ;  and  the  said  minutes,  or  a  certified  copy  thereof,  shall  be 
admissible  in  evidence,  with  the  same  effect  as  the  petition. 

§  96.  A  guardian,  an  executor,  or  an  administrator  of  an  estate,  who  is  ap- 
pointed as  such  under  the  laws  of  this  state,  and  who,  as  such  guardian,  executor, 
or  administrator,  is  entitled  to  the  possession  of  the  lands  belonging  to  the 


5S6  IRRIGATION    DISTRICTS— RONDED    INDEHTEDNESS. 

estate  which  he  represents,  may,  on  behalf  of  his  ward,  or  the  estate  which  he 
represents,  upon  being  thereunto  authorized  by  the  proper  court,  sign  and  ac- 
knowledge the  petition  in  this  act  mentioned,  and  may  show  cause  as  in  this  act 
mentioned  why  the  boundaries  of  the  district  should  not  be  changed. 

§  97.  In  case  of  the  inclusion  of  any  land  within  any  district  by  proceedings 
under  this  act,  the  board  of  directors  must,  at  least  thirty  days  prior  to  the  next 
succeeding  general  election,  make  an  order  reldividing  such  district  into  three 
or  five  divisions,  as  the  case  may  require,  as  nearly  equal  in  size  as  may  be  prac- 
ticable, which  shall  be  numbered  first,  second,  third,  and  so  on,  and  one  director 
shall  thereafter  be  elected  by  each  division.  For  the  purposes  of  elections,  the 
board  of  directors  must  establish  a  convenient  number  of  election  precincts  in 
said  districts,  and  define  the  boundaries  thereof,  which  said  precincts  may  be 
changed  from  time  to  time,  as  the  board  may  deem  necessary. 

REDUCTION  OF  BONDED  INDEBTEDNESS. 

§  98.  Whenever  the  board  of  directors  of  an  irrigation  district  heretofore  or- 
ganized, or  hereafter  organized  under  the  provisions  of  this  act,  shall  determine 
that  the  authorized  bonded  indebtedness  of  such  irrigation  district  is  greater  than 
such  district  is  liable  to  need  to  complete  its  system  as  planned,  and  there  be 
no  outstanding  bonds,  the  board  of  directors  may  call  a  special  election  for  the 
purpose  of  voting  upon  a  proposition  to  reduce  such  bonded  indebtedness  to  such 
sum  as  the  board  may  determine  to  be  sufficient  for  such  purpose. 

§  99.  Notice  of  the  said  election  shall  be  given  in  the  same  manner  as  pro- 
vided in  section  thirty  of  said  act,  in  relation  to  calling  special  elections  for 
issuance  of  bonds.  The  notice  of  election  must  state  the  amount  of  the  author- 
ized bonded  indebtedness  of  such  district,  and  the  amount  to  which  it  is  proposed 
to  reduce  the  same;  also,  the  date  on  which  said  election  will  be  held,  and  the 
polling-places,  as  established  by  said  board  of  directors.  The  ballots  cast  at 
said  election  shall  contain  the  words,  "For  reducing  bonds — Yes,"  or,  "For 
reducing  bonds — No."  When  the  vote  is  canvassed  by  the  board  of  directors 
and  entered  of  record,  if  a  majority  of  the  votes  cast  shall  be  "For  reducing 
bonds — Yes,"  then  in  that  event  the  board  of  directors  shall  only  be  empowered 
to  issue  or  sell  such  amount  of  bonds  as  was  stipulated  in  the  said  notice  of  such 
special  election ;  but  if  a  majority  of  said  votes  are  not  '  *  For  reducing  bonds — 
Yes,"  then  the  authority  to  issue  bonds  shall  remain  the  same  as  before  said 
special  election  was  held. 

§  991/0.  In  case  there  be  outstanding  bonds  of  any  district  desiring  to  take 
advantage  of  the  provisions  of  this  act  concerning  reduction  of  bonded  indebted- 
ness, the  assent  of  such  bondholders  may  be  obtained  to  such  reduction  of  the 
bonded  indebtedness  in  the  same  manner  as  provided  in  section  seventy-nine  of 
this  act.  If  such  assent  is  obtained  in  the  manner  therein  provided,  then,  and  in 
that  event,  such  district  shall  be  empowered  to  take  advantage  of  all  the  pro- 
visions of  this  act,  but  not  otherwise.  No  reduction  of  the  bonded  indebtedness, 
as  in  this  act  provided,  shall  in  any  manner  affect  any  order  of  court  that  may 
have  been  made,  adjudicating  and  confirming  the  validity  of  said  bonds. 

LEASE  OF  WATER. 

§  100.  Whenever  any  irrigation  district,  heretofore  organized,  or  hereafter 
organized  under  the  provisions  of  this  act,  in  the  development  of  its  works  as 


IRRIGATION    DISTRICTS — LE^ASE}    OF    WATER — UNSOLD    BONDS.  587 

by  law  provided,  may  have  opportunity,  vi^ithout  increased  expenditure,  to 
utilize  the  water  by  it  owned  or  controlled,  for  mechanical  purposes  not  incon- 
sistent with  the  provisions  of  said  act,  the  board  of  directors  may  lease  the  same, 
as  in  this  act  hereinafter  provided. 

§  101,  "VVlienever  the  board  of  directors  may  desire  to  lease  the  use  of  water, 
as  hereinbefore  stated,  they  shall  pass  a  resolution  of  intention  to  so  lease  the 
same.  Immediately  thereafter  the  secretary  shall  cause  notice  of  such  intention 
to  be  given  by  publication  in  one  newspaper  published  in  each  county  in  which 
.lands  of  the  district  are  situated,  for  at  least  twenty  days  (provided,  a  news- 
paper is  published  therein,  otherwise  in  any  newspaper  the  board  of  directors 
may  select),  and,  if  the  board  thinks  proper  in  such  other  newspapers  as  may 
be  deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water  for  the  pur- 
poses hereinbefore  mentioned.  Said  notice  shall  state  that  the  board  will  receive 
sealed  proposals  therefor,  that  the  lease  will  be  let  to  the  highest  responsible 
bidder,  stating  the  time  and  place  of  opening  said  proposals. 

§  102.  At  the  time  and  place  appointed  the  board  shall  proceed  to  open  the 
proposals  in  public.  As  soon  thereafter  as  may  be  convenient  the  board  shall 
let  said  lease  in  portions,  or  as  a  whole,  to  the  highest  responsible  bidder,  or  they 
may  reject  any  or  all  bids,  and  readvertise  for  proposals  for  the  same. 

§  103.  The  rental  accruing  upon  said  lease  may  vary  from  year  to  year,  as 
shall  be  specified  in  said  lease,  and  shall  be  payable  semiannually,  on  the  thir- 
tieth day  of  December  and  thirtieth  day  of  June  of  each  years.  All  moneys 
collected,  as  in  this  act  provided,  shall  be  paid  into  the  treasury,  and  be 
apportioned  to  such  funds  as  may  be  deemed  advisable. 

§  104,  The  board  shall  have  power,  as  in  this  act  provided,  to  execute  a  lease 
for  any  period  not  exceeding  twenty-five  years.  If  at  any  time  the  rental  shall 
not  be  paid  on  the  days  hereinbefore  mentioned,  the  amount  of  such  rental  then 
due  shall  be  doubled,  and  if  not  paid  within  ninety  days  thereafter,  the  said 
lease  shall  be  forfeited  to  said  district,  together  with  any  and  all  w^orks  con- 
structed, owned,  used,  or  controlled  by  said  lessee. 

§  105.     Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the  board  may 
require  the  lessee  to  execute  a  bond  for  the  faithful  performance  of  the  covenants 
of  said  lease  or  give  such  other  evidence  of  good  faith  as  in  their  judgment  may' 
be  necessary. 

DESTRUCTION  OF  UNSOLD  BONDS. 

§  106.  Whenever  there  remains  in  the  hands  of  the  board  of  directors  of  any 
irrigation  district  heretofore  organized  or  organized  under  the  provisions  of  this 
act,  after  the  completion  of  its  ditch  system,  and  the  payment  of  all  demands 
against  such  district,  any  bonds  voted  to  be  issued  by  said  district,  but  not  sold, 
and  not  necessary  to  be  sold  for  the  raising  of  funds  for  the  use  of  such  district, 
said  board  of  directors  may  call  a  special  election  for  the  purpose  of  voting 
upon  a  proposition  to  destroy  said  unsold  bonds,  or  so  many  of  them  as  may 
be  deemed  best,  or  may  submit  such  proposition  at  a  general  election. 

§  107.  Such  election  shall  be  held  in  the  same  manner  as  other  elections  held 
under  the  provisions  of  this  act.  A  notice  of  such  election  shall  be  given  in  the 
same  manner  as  provided  in  section  thirty  of  this  act  in  relation  to  calling 
special  elections  for  the  issuance  of  bonds.    The  notice  of  election  must  state 


588  IRRIGATION     DISTRICTS — SAVING     CLAUSES. 

the  amount  of  the  bonded  indebtedness  of  such  district  authorized  by  the  vote  of 
the  district,  the  amount  of  the  bonds  remaining  unsold,  and  the  amount  proposed 
to  be  destroyed,  and  the  date  on  which  such  election  is  proposed  to  be  held,  and 
the  polling-places  as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast  at 
such  election  shall  contain  the  words  "For  destroying  bonds — Yes,"  and  "For 
destroying  bonds — No,"  and  the  voter  must  erase  the  word  "No"  in  case  he 
favors  the  destruction  of  bonds,  otherwise  the  word  ' '  Yes. ' ' 

§  108.  When  the  vote  is  canvassed  by  the  board  of  directors  and  entered  of 
record,  if  a  two-thirds  majority  of  the  votes  cast  should  be  found  to  be  in  favor 
of  the  destruction  of  said  bonds,  then  the  president  of  the  board,  in  the  presence' 
of  a  majority  of  the  members  of  the  board,  must  destroy  the  bonds  so  voted  to  be 
destroyed;  and  the  total  amount  of  bonds  so  destroj^ed  and  canceled  shall  be 
deducted  from  the  sum  authorized  to  be  issued  by  the  electors  of  said  district,, 
and  no  part  thereof  shall  thereafter  be  reprinted  or  reissued. 

SAVING  CLAUSES. 

§  109.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the  validity  of 
any  district  heretofore  organized  under  the  laws  of  this  state,  or  its  rights  in  or 
to  property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or  nature ;  but 
said  districts  are  hereby  made  subject  to  the  provisions  of  this  act  so  far  as 
applicable;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation,  lien, 
or  charge  for,  or  upon  which  it  was  or  might  become  liable  or  chargeable  had  not 
this  act  been  passed;  nor  shall  it  affect  the  validity  of  any  bonds  which  have 
been  issued  but  not  sold;  nor  shall  it  affect  any  action  which  may  now  be 
pending. 

§  110.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in  anywise  modi- 
fying the  provisions  of  any  other  act  relating  to  the  subject  of  irrigation  or 
water  commissioners,  except  such  as  may  be  contained  in  the  act,  an  act 
entitled  an  act  to  provide  for  the  organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  of  water  and  other  property,  and  for 
the  distribution  of  water  thereby  for  irrigation  purposes,  approved  ]\Iarch  sev- 
enth, eighteen  hundred  and  eighty-seven,  and  the  subsequent  acts  supplement- 
ary thereto,  and  amendatory  thereof,  all  of  which  acts  so  far  as  they  may  be 
inconsistent  herewith,  are  hereby  repealed. 

§  111.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 

Stats.  1S97,  2o4,   §§  36,  37,   38,  39,   71,   72.—  Upon   the   constitutionality   of   these   stat- 

Lahman  vs.  Hatch,  124  Cal.  1,  2,  56  Pac.  Rep.  utes,  and  that  such  districts  are  quasi  pub- 

^^^-  lie     corporations,     see    Irrig-ation     Dist.     vs. 

CONSTITUTIONALITY    ♦'W'RIGHT    ACT."  WiUiams,   76   Cal.    360-367,    18   Pac.  Rep.   379; 

— There  are   many   decisions   respecting   the  Irrigation    Dist.    vs.    De   Lappe,    79    Cal.    351, 

constitutionality    of    the    irrig-ation    statute  356,  21  Pac.  Rep.  825.     And  as  to  the  statute 

of     1887,     commonly     referred     to     as     the  of  1SS7  and  its  amendments,  see: 

"Wright  Act,"  and  construing  provisions  of  Stats.    1887,   29. — §  15 — Irrigation    Dist.    vs. 

that   statute   and   its   amendments,   which    it  -Williams,   76  Cal.   360,  367,  18  Pac.   Rep.   379. 

is  eminently  proper  to  consult  in  connection  §§  2,  3— Irrigation  Dist.  vs.  De  Lappe,  79  Cal. 

with    the    provisions    of    the    later    statute;  351,   356,   21  Pac.   Rep.    825;   Crall  vs.   Irriga- 

and  they  are  here  given.  tion  Dist..  87  Cal.  140,  142,  26  Pac.  Rep.  797. 

The  statute  of  1887  was  amended  as   fol-  §§  2,  5,  11,  18 — Board  Directors  vs.  Tregea,  88 

lows:    Stats.    1889,    15,    18,    21,    212;    1891,   142,  Cal.    334,    337-350,    26    Pac.    Rep.    237;    In    re 

244;   1893,   175,   276,   516,   520;   1895,   127.  Madera  Irr.  Dist.,  92  Cal.  296,  306,  27  Am.  St. 

See  also  the  statute  of  1891,  53,  relative  to  Rep.    106,   28  Pac.   Rep.    272,   675,  14  L.   R.   A. 

redemption    of    land    from    sale    for    assess-  755.      §§  37,    41— Tregea    vs.    Owens,    94    Cal. 

ments,  and  Hughson  vs.  Crane,  115  Cal.  404,  317,   318,   29  Pac.  Rep.   643;  People  vs.   Selma 

409,  47  Pac.  Rep.  120.  Irr.  Dist.,  98  Cal.  206,  208,  32  Pac.  Rep.  1047; 


IRRIGATION     DISTRICTS— AUTHORITIES— CONTRACTS. 


5S» 


"Woodward  vs.  Fruitvale  S.  Dist.,  99  Cal. 
554,  562,  34  Pac.  Rep.  239;  Rialto  Irr.  Dist. 
vs.  Brandon,  103  Cal.  384,  385,  37  Pac.  Rep. 
484.  §§  6,  10 — Directors  F.  Irr.  Dist.  vs. 
Abila,  106  Cal.  3G5,  369,  39  Pac.  Rep.  793. 
§  17 — San  Diego  vs.  Linda  Vista  Irr.  Dist., 
108  Cal.  189,  194,  41  Pac.  Rep.  291,  35  L.  R. 
A.  33n.  §30 — Cooper  vs.  Miller,  113  Cal.  238, 
242,  45  Pac.  Rep.  325;  Cullen  vs.  Glendora 
W.  Co.,  113  Cal.  503,  510,  39  Pac.  Rep.  769, 
45  Pac.  Rep.  822,  1047;  Hughson  vs.  Crane, 
115  Cal.  404,  409,  47  Pac.  Rep.  120;  Boehmer 
vs.  Big  Rock  Irr.  Dist.,  117  Cal.  19,  28,  48 
Pac.  Rep.  90S.  §3 — In  re  Central  Irr.  Dist., 
117  Cal.  382,  384,  49  Pac.  Rep.  354.  §§16,  37 
— Mitchell  vs.  Patterson,  120  Cal.  286.  289, 
52  Pac.  Rep.  589.  §§  12,  13,  15,  16,  35 — Stim- 
son  vs.  Alessandro  Irr.  Dist.,  135  Cal.  389, 
S90.  67  Pac.  Rep.  496,  1034;  Baxter  vs.  Vine- 
land  Irr.  Dist.,  136  Cal.  185,  188,  68  Pac.  Rep. 
601.  §§  18,  20,  24,  27,  28,  32 — Escondido  H.  S. 
Dist.  vs.  Escondido  Sem..  130  Cal.  128,  131, 
62  Pac.  Rep.  401.  §§  15,  16,  43 — Sechrist  vs. 
Rialto  Irr.  Dist.,  129  Cal.  640,  645,  62  Pac. 
Rep.  261.  §§33,  36,  39 — People  vs.  Linda 
Vista  Irr.  Dist.,  128  Cal.  477,  479,  61  Pac. 
Rep.  86;  Perry  vs.  Otay  Irr.  Dist.,  127  Cal. 
565,  567,  60  Pac.  Rep.  40;  Nevada  Nat.  Bank 
vs.  Poso  Irr.  Dist.,  140  Cal.  344,  345,  73  Pac. 
Rep.  1056;  People  vs.  Perris  Irr.  Dist.,  142 
Cal.  601,  604,  76  Pac.  Rep.  381;  Boskowitz 
vs.  Thompson.  144  Cal.  724,  727,  78  Pac.  Rep. 
290. 

Amendatory  Stats.  1889,  15  and  21. — Board 
Directors  vs.  Tregea,  88  Cal.  334,  355,  26  Pac. 
Rep.  237.  Amendment  1889,  15,  §23 — Mitch- 
ell vs.  Patterson,  120  Cal.  286,  288,  52  Pac. 
Rep.   589. 

Amendatory  Stats.  1889,  212. — §  3 — Board 
Directors  vs.  Tregea,  88  Cal.  334,  337,  346, 
26  Pac.  Rep.  237.  §5 — Crall  vs.  Poso  Irr. 
Dist.,  87  Cal.  140,  143,  26  Pac.  Rep.  797; 
People  vs.  Los  Angeles,  133  Cal.  338,  343, 
65    Pac.    Rep.    749;    In    re   Madera   Irr.    Dist., 


92  Cal.  296,  306,  330,  27  Am.  St.  Rep.  106, 
28  Pac.  Rep.  272,  675,  14  L.  R.  A.  755;  Direc- 
tors F.  Irr.  Dist.  vs.  Abila,  106  Cal.  365, 
369,  39  Pac.  Rep.  793;  Cullen  vs.  Glendora 
W.  Co.,  113  Cal.  503,  511,  516,  39  Pac.  Rep. 
769,  45  Pac.  Rep.  822,  1047;  In  re  Central 
Irr.  Dist.,  117  Cal.  382,  384,  49  Pac.  Rep.  354; 
People  vs.  Linda  Vista  Irr.  Dist.,  128  Cal. 
477.  479,  61  Pac.  Rep.  86;  Stimson  vs.  Ales- 
sandro Irr.  Dist.,  135  Cal.  389,  394,  67  Pac. 
Rep.  496,  1034;  People  ex  rel.  Fogg  vs.  Per- 
ris Irr.  Dist.,  132  Cal.  289.  291,  64  Pac.  Rep. 
399,  773;  Deyoe  vs.  Superior  Court,  140  Cal. 
476,  486,  98  Am.  St.  Rep.  73,  74  Pac.  Rep.  28; 
People  vs.  Perris  Irr.  Dist.,  142  Cal.  601,  605, 
76    Pac.    Rep.    381. 

Stats.  1891,  143  and  244;  1893,  175  and  276. 
— 1891,  143  —  Directors  F.  Irr.  Dist.  vs. 
Abila.  106  Cal.  355,  364,  39  Pac.  Rep.  794. 
§3 — Cullen  vs.  Glendora  W.  Co.,  113  Cal. 
503,  517,  39  Pac.  Rep.  769,  45  Pac.  Rep. 
822,  1047.  §3 — In  re  Central  Irr.  Dist.,  117 
Cal.  382,  384,  49  Pac.  Rep.  354;  Directors 
F.  Irr.  Dist.  vs.  Abila,  106  Cal.  355,  364, 
39  Pac.  Rep.  794.  §§  15,  42 — Mitchell  vs. 
Patterson.  120  Cal.  286,  288,  52  Pac.  Rep.  589; 
People  vs.  Perris  Irr.  Dist.,  142  Cal.  601, 
604,  605,  76  Pac.  Rep.  381.  §17 — Cullen  vs. 
Glendora  W.  Co.,  113  Cal.  503,  521,  39  Pac. 
Rep.  769,  45  Pac.  Rep.  822,  1047.  §22 — 
Mitchell  vs.  Patterson,  120  Cal.  286,  288,  52 
Pac.  Rep.  589;  Boskowitz  vs.  Thompson,  144 
Cal.    724,    736,    78    Pac.    Rep.    290. 

Stats.  1891,  244,  §  18 — Hughson  vs.  Crane, 
115  Cal.  404,  409,  47  Pac.  Rep.  120;  Best  vs. 
"VVohlford,  144  Cal.  733,  736,  78  Pac;  Rep.  293 
— refer  especially  to  bonds  and  description 
of   land   in   assessments. 

Stats.  1893,  175,  276. — Cullen  vs.  Glendora 
W.  do.,  113  Cal.  503,  505.  39  Pac.  Rep.  769.  45 
Pac.  Rep.  822,  1047.  §§  11,  13,  17  —  Mer- 
chants' Bank  vs.  Escondido  Irr.  Dist.,  144 
Cal.  329,  332-335,  77  Pac.  Rep.  937. 


IRRIGATION   DISTRICTS— CONTRACTS. 

Declaring  upon  what  terms  contracts  between  persons,  companies,  associations, 
or  corporations  furnishing  water  for  irrigation  to  the  consumers  of  such 
water  shall  be  valid,  and  to  provide  that  such  contracts  shall  be  deemed 
based  upon  sufficient  consideration. 

(Stats.  1901,  331,  ch.  CLVI.) 

§  1.  It  is  and  shall  be  lawful  for  any  person,  company,  association,  or  cor- 
poration, furnishing  for  sale,  rental,  or  distribution  any  appropriated  waters 
for  purpose  of  irrigation,  to  enter  into  contracts  with  individual  consumers 
of  such  water  or  with  bodies  of  such  consumers,  relating  to  the  sale,  rental, 
or  distribution  of  such  water,  or  any  thereof,  which  contracts,  subject  to  the 
restrictions  hereinafter  declared,  shall  be  valid  to  all  intents  and  purposes, 
any  law  or  rule  to  the  contrary  notwithstanding. 

§  2.  No  such  contract  shall  provide  for  the  sale,  rental,  or  distribution 
of  any  such  water  at  any  rate  exceeding  the  established  rates  fixed  and  regu- 
lated therefor  by  the  board  of  supervisors  of  the  proper  counties,  or  fixed 
and  established  by  such  person,  company,  association,  or  corporation,  as  pro- 
vided by  law. 


590  IRRIGATION      DISTRICTS — DISSOLUTION     OF, 

§  3.  Nothing  in  this  act  contained  shall  be  construed  to  authorize  or  make 
valid  any  contract  not  made  for  a  valuable  consideration;  but  an  agreement 
on  the  part  of  such  person,  company,  association,  or  corporation  to  sell,  rent, 
or  distribute  any  water  to  a  consumer,  without  payment  in  advance  therefor, 
or  upon  any  other  terms  to  which  such  consumer  is  not  otherwise  lawfully 
entitled,  shall  be  deemed  and  taken  to  be  a  valuable  and  sufficient  considera- 
tion for  such  contract. 

§  4.  Nothing  in  this  act  contained  shall  affect  any  contract  made  prior  to 
the  time  that  the  board  of  supervisors  fix  and  establish  the  rates  and  regula- 
tions for  and  under  which  water  shall  be  sold  and  supplied. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

IRRIGATION   DISTRICTS— DISSOLUTION. 

To  provide  for  the  dissolution  of  irrigation  districts,  the  ascertainment  and 
discharge  of  their  indebtedness,  and  the  distribution  of  their  property. 

(Stats.  1903,  3,  ch.  V.) 

§  1.  Any  irrigation  district  organized  under  the  provisions  of  an  act  en- 
titled "An  act  to  provide  for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  of  water  and  other  property,  and 
for  the  distribution  of  water  thereby  for  irrigation  purposes,"  approved  March 
seven,  eighteen  hundred  and  eighty-seven,  and  all  acts  supplementary  thereto, 
or  amendatory  thereof,  including  an  act  entitled  "An  act  to  provide  for  the 
organization  and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  or  construction  thereby  of  works  for  the  irrigation  of  lands  em- 
braced within  such  districts,  and,  also,  to  provide  for  the  distribution  of  water 
for  irrigation  purposes,"  approved  March  thirty-one,  eighteen  hundred  and 
ninety-seven,  may  be  dissolved  in  the  manner  hereinafter  provided. 

§  2.  A  majority  in  number  of  the  holders  of  title,  or  evidence  of  title,  to 
real  property  in  any  irrigation  district,  and  a  majority  in  value  of  said  prop- 
erty according  to  the  equalized  assessment  roll  of  said  district  for  the  year 
last  preceding  upon  which  any  assessment  has  been  made,  may  propose  the 
dissolution  of  said  district  by  a  petition  signed  by  such  majoritj^,  which  peti- 
tion shall  set  forth  the  amount  of  the  outstanding  bonds,  coupons,  and  other 
indebtedness,  if  such  there  be,  together  with  a  general  description  of  the 
same,  and  the  holders,  so  far  as  known,  showing  the  amount  of  each  descrip- 
tion of  indebtedness  and  the  ownership,  so  far  as  known,  of  the  same.  Also 
the  estimated  cost  of  the  dissolution  of  said  district.  Said  petition  shall  also 
state  the  assets  of  said  district,  including  irrigation  system,  if  any,  dams, 
reservoirs,  canals,  franchises,  water  rights,  a  detailed  statement  of  all  the 
lands  sold  to  the  district  for  assessments,  and  the  amount  of  the  assessments 
on  each  parcel  of  land  sold,  also  all  assessments  unpaid,  and  the  amount  upon 
each  lot  or  tract  of  land,  and  all  other  assets  of  the  district ;  and  in  case  any 
proposition  has  been  made  by  the  holders  of  said  indebtedness  to  settle  the 
same,  said  proposition,  together  with  any  plan  proposed  to  carry  the  same 
into  execution,  shall  be  included  in  said  petition. 

§  3.     Upon  the  filing  of  said  petition  with  the  board  of  directors  of  said 
district  said  board  shall  call  a  special  election,  at  which  shall  be  submitted 


IRRIGATION    DISTRICTS— DISSOLUTION     OF— ELECTION.  5U1 

to  the  electors  of  such  district  the  question  whether  or  not  said  district  shall 
be  dissolved,  its  indebtedness  liquidated,  and  its  assets  distributed  in  accord- 
ance with  the  plan  so  proposed,  or  in  case  no  plan  has  been  proposed,  then 
in  accordance  with  a  plan  which  shall  be  proposed  by  said  board  of  directors 
in  the  notice  of  the  election,  but  no  such  election  shall  be  called  until  the 
assent  of  all  the  known  holders  of  valid  indebtedness  against  the  district  shall 
be  obtained  or  provision  shall  be  made  in  said  plan  for  the  payment  of  such 
non-assenting  holders.  Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  said  district  for  at 
least  twenty  days,  and  also  by  publication  of  such  notice  in  some  newspaper 
published  in  the  county  where  the  office  of  the  board  of  directors  is  required 
to  be  kept,  once  a  week  for  at  least  three  successive  weeks  before  such  election. 
Such  notices  must  specify  the  time  of  holding  the  election,  the  fact  that  it  is 
proposed  to  dissolve  the  district,  and  a  brief  summary  of  the  plan  proposed 
for  liquidating  its  indebtedness  and  disposing  of  its  assets.  Said  election 
shall  be  held  and  the  result  thereof  determined  and  declared  in  all  respects 
as  nearly  as  practicable  in  conformity  with  the  provisions  governing  the 
election  of  officers  in  irrigation  districts.  At  such  election  the  ballot  shall 
contain  the  words  "Dissolution  of  the  district — Yes,"  or  "Dissolution  of  the 
district — No,"  or  words  equivalent  thereto. 

§  4.  In  case  upon  such  canvass  it  is  found  and  declared  by  said  board  of 
directors  that  two  thirds  of  the  votes  cast  at  such  election  shall  be  cast  in 
favor  of  "Dissolution  of  the  district — Yes,"  then  the  said  board  of  directors 
shall  file  a  petition  in  the  superior  court  of  the  county  wherein  is  located  the 
office  of  such  board  to  determine  the  validity  of  the  proceedings  had  and  of 
the  proposed  plan  for  the  dissolution  of  said  district.  Such  action  shall  be 
in  the  nature  of  a  proceeding  in  rem,  and  jurisdiction  of  all  parties  inter- 
ested may  be  had  by  publication  of  a  notice  of  the  pendency  of  the  proceeding 
for  at  least  once  a  week  for  three  weeks  in  some  paper  of  general  circulation 
published  in  the  county  where  the  action  is  pending ;  provided,  that  if  the  proper- 
ty of  the  district  is  situate  in  more  than  one  county  then  the  publication  shall 
be  made  in  one  paper  in  each  county  wherein  the  sam,e  is  situate,  such  paper 
or  papers  to  be  designated  by  the  court  having  jurisdiction  of  the  proceed- 
ing; jurisdiction  shall  be  complete  in  thirty  days  after  the  completion  of 
such  notice  in  the  manner  herein  provided.  Any  one  interested  may  at  any 
time  before  the  expiration  of  said  thirty  days  appear  and  contest  the  validity 
of  the  proceedings  already  had  and  of  the  plan  proposed  for  the  dissolution  of 
said  district,  or  any  portion  thereof,  including  the  validity  of  any  portion 
of  the  indebtedness  set  out  in  said  petition,  and  the  court  may  determine  the 
validity  of  any  sales  for  assessments,  and  may  determine  the  amount  of  any 
assessment  or  assessments  due  upon  the  various  parcels  and  lots  of  real  estate 
within  said  district,  and  may  determine  the  amount  of  any  assessment  or 
assessments  theretofore  paid  upon  the  various  parcels  and  lots  of  real  estate 
therein,  and  may  in  said  proceeding  adjust  and  determine  the  rights  and 
liabilities  of  all  parties.  Such  action  shall  be  speedily  tried  and  judgment 
rendered.  Either  party  shall  have  the  right  to  appeal  at  any  time  within 
thirty  days  after  the  entering  of  such  judgment,  and  the  appeal  must  be 
heard  and  determined  within  three  months  after  the  taking  of  such  appeal. 


592  IRRIGATION    DISTRICTS — DISSOLUTION     OF— DECREE. 

§  5.  Said  petition  to  the  superior  court  shall  set  forth  the  facts  required  to 
be  set  forth  in  the  petition  to  the  board  of  directors  and  ail  proceedings  there- 
in, and  at  the  hearing  the  court  shall  hear  and  determine  the  regularity, 
legality,  and  correctness  of  all  proceedings,  and  in  doing  so  shall  disregard 
any  error,  irregularity,  or  omission  which  does  not  affect  the  substantial  rights 
of  the  parties.  The  rules  of  pleading  and  practice  in  the  Code  of  Civil  Pro- 
cedure not  inconsistent  with  the  provisions  of  this  act  are  made  applicable 
to  the  proceeding  herein  provided.  The  costs  of  any  contest  may  be  allowed 
and  proportioned  between  the  parties  or  taxed  to  the  losing  party  in  the  dis- 
cretion of  the  court,  and  no  contest  of  any  matter  or  thing  herein  provided 
for  shall  be  made  other  than  in  the  time  and  manner  herein  specified. 

§  6.  If  no  such  proceeding  shall  have  been  filed  by  the  board  of  directors 
within  thirty  days  after  the  canvass  of  said  vote,  then  any  district  assessment 
payer  may  bring  an  action  in  the  superior  court  of  the  county  wherein  the 
office  of  the  board  of  directors  is  located.  The  board  of  directors  shall  be 
made  parties  defendant  and  notice  shall  be  served  on  the  members  of  the 
board  personally,  if  they  can  be  found  in  the  state,  if  not,  then  service  by 
publication  as  provided  in  section  four,  shall  be  sufficient.  Proceedings  shall 
be  had  in  the  same  manner  and  with  the  same  effect  as  if  brouglit  by  the 
board  of  directors. 

§  7.  A  corporation  may  be  organized  under  general  laws  for  the  purpose 
of  acquiring  the  assets  of  said  district,  including  the  irrigation  system,  if 
any,  dams,  reservoirs,  canals,  franchises  and  water  rights,  which  corporation 
shall  have  all  the  powers,  rights  and  franchises  or  corporate  bodies  organ- 
ized under  general  laws,  and  in  addition  shall  have  such  further  powers  as 
may  be  necessary  to  possess  and  carry  on  said  irrigation  system  and  exercise 
such  franchises  and  water  rights. 

§  8.  The  court  in  its  decree  shall  have  power  to  make  the  orders  necessary 
to  carry  out  said  proposition  for  the  discharge  of  the  indebtedness  and  dis- 
tribution of  the  property  of  said  district,  including  the  right  to  apportion 
any  indebtedness  found  due,  and  to  declare  said  portions  liens  upon  the 
various  parcels  and  lots  of  land  within  the  district,  and  may  decree  a  sale 
of  its  assets  in  such  manner  as  may  effectuate  said  proposition  and  as  the 
said  court  may  judge  best,  either  in  one  lot  or  in  such  parcels  as  may  be  pro- 
vided, and  may  provide  for  conveyance  of  said  irrigation  system,  including 
dams,  reservoirs,  canals,  franchises,  and  water  rights,  and  also  of  any  other 
assets  of  the  district,  including  lands  sold  thereto  and  the  assessments  due  it. 

§  9.  The  amounts  of  any  assessment  or  assessments  found  due  upon  the 
various  parcels  and  lots  of  real  estate  within  said  district,  and  the  amounts 
for  which  sales  have  been  made,  which  sales  have  been  determined  to  be  valid 
by  said  court,  together  with  legal  interest  from  the  date  of  said  sales  and 
from  the  time  when  said  assessments  become  delinquent,  shall  be  liens  re- 
spectively on  the  lots  and  parcels  affected  thereby,  and  the  purchaser  or 
purchasers  at  said  sale  may  foreclose  the  same  by  action  in  the  superior  court, 
and  shall  in  said  action  join  all  lots,  assessments,  and  sales  which  may  have 
been  purchased  by  him  and  which  remain  unredeemed.  A  redemption  may 
be  made  at  any  time  by  payment  of  the  amount  due  to  the  clerk  of  the  court 


IRRIGATION    DISTRICTS — FUNDING    BONDS.  603 

for  the  use  of  the  district  if  before  sale,  and  for  the  use  of  the  purchaser  if 
after  sale,  and  the  clerk  shall  thereupon  enter  a  minute  of  said  payment, 
which  payment  shall  be  in  the  discharge  of  said  lien.  Redemption  from  the 
lien  created  for  any  portion  of  the  indebtedness  can  be  had  in  this  manner. 

§  10.  Whenever  all  the  property  of  such  irrigation  district  shall  have  been 
disposed  of,  and  all  the  indebtedness  and  obligations  thereof,  if  any  there 
be,  shall  have  been  discharged,  the  balance  of  the  money  of  said  district  shall 
be  distributed  to  the  assessment  payers  in  said  district  upon  the  last  assess- 
ment roll  in  the  proportion  in  which  each  has  contributed  to  the  total  amount 
of  said  assessment,  and  the  court  shall  enter  a  final  decree  declaring  said  dis- 
trict to  be  dissolved. 

§  11.     This-  act  shall  take  effect  immediately. 

IRRIGATION  DISTRICTS— FUNDING  BONDS. 

To  provide  for  the  issue  and  sale  or  exchange  of  funding  bonds  of  irrigation 
districts  organized  under  and  in  pursuance  of  an  act  of  the  legislature  of 
the  state  of  California  entitled  "An  act  to  provide  for  the  organization 
and  government  of  irrigation  districts,  and  to  provide  for  the  acquisition 
of  water  and  other  property,  and  for  the  distribution  of  water  thereby 
for  irrigation  purposes,"  approved  March  seventh,  eighteen  hundred  and 
eighty-seven,  to  provide  for  the  payment  of  such  bonds,  and  for  proceed- 
ings to  test  the  validity  of  the  same. 

(Stats.  1897,  394,  ch.  CCLIV;  amended  1901,  514,  ch.  CLIX.) 

§  1.  Whenever  an  irrigation  district  organized  under  the  provisions  of 
an  act  entitled  "An  act  to  provide  for  the  organization  and  government  of 
irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water  thereby  for  irrigation  purposes," 
approved  March  seventh,  eighteen  hundred  and  eighty-seven,  or  said  act  and  the 
acts  supplementary  thereto,  or  amendatory  thereof,  has  outstanding  bonds, 
coupons,  or  other  evidences  of  indebtedness,  the  payment  thereof  may  be 
provided  for  by  the  issuance  of  new  bonds,  in  the  manner  hereinafter  prescribed. 

§  2.  A  majority  in  number  of  the  holders  of  title,  or  evidences  of  title  to 
real  property  in  any  irrigation  district,  subject  to  assessment,  such  holders 
of  title,  or  evidences  of  title,  representing  a  majority  in  value  of  the  real 
{property  of  such  district  according  to  the  equalized  assessment  roll  or  rolls 
of  such  district  for  the  year  last  preceding,  may  propose  the  funding  of  such 
bonds,  coupons,  or  other  evidences  of  indebtedness.  Said  equalized  assess- 
ment roll  or  rolls  shall  be  sufficient  evidence  of  title  for  the  purposes  of 
this  act. 

§  3.  In  order  to  propose  the  funding  of  such  bonds,  coupons,  or  other  evi- 
dences of  indebtedness,  a  petition  shall  be  presented  to  the  board  of  directors 
of  such  irrigation  district,  signed  by  a  majority  in  number  of  holders  of  title, 
or  evidences  of  title  to  real  property  in  such  district,  and  representing  a 
majority  in  value  of  the  real  property  of  said  district,  subject  to  assessment 
for  district  purposes,  which  petition  shall  set  forth  the  amoimt  of  bonds, 
coupons,  or  other  evidences  of  indebtedness  proposed  to  be  funded,  together 

Gen.  Laws — 38 


594  IRRIGATION     DISTRICTS— FLNDIJVG     BOXDS. 

with  a  general  description  of  same,  also  the  total  amount  of  the  bonds  sought 
to  be  issued  (provided,  that  said  amount  shall  in  no  ease  be  greater  than  the 
total  amount  of  bonds,  coupons,  and  other  evidences  of  indebtedness  then 
outstanding  and  sought  to  have  funded),  together  with  a  full  and  complete 
statement  of  the  purposes  for  Avhich  such  bonds  are  to  be  used.  On  presenta- 
tion of  such  petition,  the  same  shall  be  entered  in  full  on  the  minutes  of  the 
board. 

§  4.  Immediately  after  the  recording  of  said  petition  the  board  of  directors 
shall  call  a  special  election,  at  which  shall  be  submitted  to  the  electors 
of  such  district  the  question  whether  or  not  the  bonds  of  such  district,  in  the 
amount  set  forth  in  said  petition,  shall  be  issued.  Notice  of  such  election  must 
be  given  by  the  secretary  of  said  district  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  said  district  for  at  least  twenty  days,  and 
also  by  publication  of  such  notice  in  some  newspaper  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district  is  required  to  be 
kept,  once  a  week  for  at  least  three  successive  weeks  before  such  election. 
Such  notice  must  specify  the  time  of  holding  the  election,  the  amount  of  bonds 
proposed  to  be  issued,  the  amount  of  bonds,  coupons,  or  other  evidences  of 
indebtedness  proposed  to  be  refunded,  together  with  a  general  description 
of  the  same.  Said  election  shall  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with  the 
provisions  governing  the  election  of  officers;  as  provided  by  the  law  govern- 
ing irrigation  districts  at  the  time  of  the  holding  of  the  election  herein  pro- 
vided for;  provided,  that  no  informalities  in  conducting  such  an  election 
shall  invalidate  the  same,  if  the  election  shall  have  been  otherwise  fairly 
conducted.  At  such  an  election  the  ballot  shall  contain  the  words  "Bonds — 
Yes,"  or  "Bonds — No,"  or  words  equivalent  thereto.  If  two  thirds  of  the 
votes  cast  at  such  election  are  "Bonds — Yes,"  the  board  of  directors  shall 
direct  and  cause  bonds  in  said  amount  to  be  issued.  If  more  than  one  third 
of  the  votes  cast  at  such  election  are  "Bonds — No,"  the  result  of  such  elec- 
tion shall  be  so  declared.  The  result  in  either  case  shall  be  duly  entered  of 
record.     [Amendment,  Stats.  1901,  514.] 

§§  5,  6,  7,  8,  9,  10.    Repealed.     [Stats.  1901,  515.] 

§  11,  If  said  bonds  are  directed  to  be  issued  as  herein  provided  for,  the 
board  of  directors  shall  cause  the  same  to  be  issued.  Said  bonds  shall  be 
made  payable  in  gold  coin  of  the  United  States,  and  in  twenty  series,  as  fol- 
lows, to  wit:  On  the  first  day  of  Janviary  after  the  expiration  of  twenty 
years,  five  per  centum  of  the  whole  amount  of  said  bonds,  and  on  the  first 
day  of  January  of  each  year  thereafter,  an  equal  amount  of  such  bonds  until 
all  shall  have  been  finally  paid;  that  is,  five  per  centum  of  the  whole  issue 
of  bonds — not  five  per  centum  of  each  bond — each  being  wholly  payable 
when  due.  Said  bonds  shall  bear  interest  at  the  rate  of  five  per  centum  per 
annum,  payable  semiannually  on  the  first  day  of  January  and  July  of  each 
year.  They  shall  be  negotiable  in  form,  and  shall  be  of  denominations  of  not 
less  than  one  hundred  dollars,  nor  more  than  five  hundred  dollars.  Said 
bonds  shall  in  all  respects  conform  to  the  form  of  bonds  prescribed  by  the 
laws  governing  irrigation  districts  at  the  time  of  their  issue,  except  as  herein 
otherwise  provided. 


IRRIGATION    DISTRICTS— FUIVDIIVG     BONDS.  695 

§  12.  It  shall  be  unlawful  to  sell  or  exchange  any  of  the  bonds  issued  as 
herein  provided,  for  less  than  their  par  value. 

§  13.  When  bonds  issued  under  this  act  shall  be  duly  executed,  they 
shall  be  deposited  with  the  treasurer  of  the  district,  and  his  receipt  shall  be 
taken  therefor,  and  he  shall  be  charged  with  the  same  on  his  official  bond, 
and  shall  have  no  power  to  deliver  the  same  in  exchange  for  any  bonds  or 
indebtedness  proposed  to  be  funded  until  the  bonds  or  evidence  of  indebted- 
ness proposed  to  be  funded  shall  have  been  surrendered  to  him,  and  he  shall 
have  been  ordered  by  the  board  of  directors  of  the  district,  by  an  order  duly 
entered  on  their  records,  to  make  such  delivery.  When  such  bonds  have 
been  exchanged  for  other  bonds,  coupons,  or  other  evidences  of  indebtedness, 
the  treasurer  shall  at  once  cancel  such  other  bonds,  coupons,  or  other  evi- 
dences of  indebtedness  by  writing  across  the  face  thereof  "Canceled,"  and 
the  date  of  cancelation,  and  report  the  same  with  his  monthly  report  to  the 
board  of  directors  of  the  district,  designating  the  bond,  coupon,  or  other 
evidence  of  indebtedness,  so  that  it  can  be  identified,  the  date  of  cancelation, 
and  the  person  from  whom  it  was  received,  together  with  the  amount  paid 
therefor,  or  the  terms  of  exchange,  in  case  there  is  an  exchange. 

§  14.  When  said  bonds  are  issued  for  the  purpose  of  sale  to  the  highest 
bidder,  the  board  may  sell  said  bonds  from  time  to  time,  in  such  quantities 
as  may  be  necessary  and  most  advantageous,  to  raise  money  to  pay  bonds, 
coupons,  or  other  evidences  of  indebtedness  of  the  district  which  were  out- 
standing at  the  time  of  the  filing  of  said  petition,  and  generally  described 
therein.  Before  making  any  sale,  the  board  shall  at  a  meeting,  by  resolution, 
declare  its  intention  to  sell  a  specified  amount  of  bonds,  which  resolution  shall 
be  entered  in  the  minutes,  and  notice  of  the  sale  shall  be  given  by  publication 
thereof  for  at  least  three  weeks  in  a  newspaper  published  in  the  county  in 
which  the  office  of  the  board  of  directors  is  kept.  The  notice  shall  state  that 
sealed  proposals  will  be  received  by  the  board  at  its  office  for  the  purchase, 
of  bonds  till  the  day  and  hour  named  in  the  resolution.  At  the  time  appointed 
the  board  shall  open  the  proposals  and  award  the  purchase  of  bonds  to  the 
highest  responsible  bidder,  or  may  reject  all  bids;  but  said  bonds  shall  in  no 
event  be  sold  for  less  than  their  par  value,  including  accrued  interest.  All 
moneys  realized  from  the  sale  of  bonds  issued  under  the  provisions  of  this 
act  shall  be  paid  into  the  hands  of  the  district  treasurer,  and  by  him  kept  in  a 
separate  fund,  known  as  the  funding  fund,  and  shall  be  applied  exclusively  to 
the  payment  of  bonds,  coupons,  or  other  evidences  of  indebtedness  of  the  district 
outstanding  at  the  time  of  filing  the  said  petition,  and  described  therein. 

§  15.  At  the  time  fixed  for  the  levying  of  assessments  for  other  purposes 
authorized  by  the  district  irrigation  law  then  in  force,  there  shall  be  levied 
an  assessment  sufficient  in  amount  to  pay  the  principal  and  interest  then 
due  and  unpaid  on  any  bonds  issued  by  authority  of  this  act,  and  also  the 
amount  to  become  due  on  any  such  bonds  during  the  year  following  such  levy. 
The  assessment  so  levied  shall  be  computed  and  entered  in  the  assessment 
roll  in  the  same  manner,  and  shall  be  collected  at  the  same  time  and  in  the 
same  manner  as  other  assessments  authorized  by  the  district  irrigation  laAv 
then  in  force,  and  when  collected,  shall  be  paid  into  the  district  treasury,  for 
the  purposes  therein  authorized ;  and  all  the  provisions  of  said  district  irrigation 


59«  IRRIGATION    DISTRICTS — FUNDING — LOS     NIETOS. 

law  relating  to  the  collection  of  assessments  and  the  sale  and  redemption  of 
property  therefor  shall  be  applicable  to  the  assessments  levied  under  this  act. 

§  16.  The  bonds  issued  as  herein  provided  for  may  be  exchanged,  at  not 
less  than  their  par  value,  for  any  of  the  indebtedness  set  out  and  described 
in  the  notice  of  the  election  authorizing  the  issuance  of  said  refunding  bond[s]. 
A  contract  for  such  exchange  may  be  made  by  the  board  of  directors  upon 
such  terms  as  said  board  may  deem  advisable;  provided  that  they  must  re- 
ceive not  less  than  par  value  for  the  bonds  so  exchanged.  [Amendment, 
Stats.  1901,  515.] 

§  17.  Whenever  there  remains  in  the  hands  of  the  treasurer  of  any  dis- 
trict any  funding  bonds  voted  to  be  issued  by  said  district,  but  not  used,  and 
not  necessary  to  be  used  for  the  funding  purposes  set  out  and  described  in  the 
petition  for  the  issuance  of  said  bonds,  then  said  board  of  directors,  shall  at 
a  regular  meeting,  within  three  months  after  the  completion  of  the  funding, 
cause  the  same  to  be  destroyed  and  a  record  to  be  made  thereof,  and  the  total 
amount  of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part  thereof 
shall  be  thereafter  reprinted  or  reissued. 

§  18.  Any  bonds  issued  under  the  provisions  of  this  act  shall  be  a  lien 
upon  the  real  property  of  the  district,  and  said  bonds  and  the  interest  thereon 
shall  be  paid  by  revenue  derived  from  an  annual  assessment  upon  the  real 
property  of  the  district,  and  all  the  real  property  in  said  district  shall  be  and 
remain  liable  to  be  assessed  for  such  payments  as  hereinbefore  provided. 
[Amendment,  Stats.  1901,  515.] 

§  19.     This  act  shall  take  effect  from  and  after  its  passage. 

IRRIGATION— LOS  NIETOS. 

To  provide  for  and'  regulate  irrigation  in  the  township  of  Los  Nietos,  in  the 

county  of  Los  Angeles. 

(Stats.  1877-8,  374,  ch.  CCC.) 

§  1.  The  township  of  Los  Nietos  shall  constitute  one  irrigation  district, 
and  for  the  purposes  of  this  act  shall  be  known  as  Los  Nietos  Irrigation  Dis- 
trict. 

§  2.  There  shall  be  in  said  Los  Nietos  Irrigation  District  a  board  of  water 
commissioners  consisting  of  three  members,  one  overseer  of  water,  all  of 
whom  shall  be  elected  or  appointed,  and  shall  qualify  as  hereinafter  provided. 

§  3.  It  shall  be  the  duty  of  the  board  of  supervisors  of  the  County  of  Los 
Angeles,  upon  the  filing  of  a  petition  signed  by  thirty  or  more  of  the  irrigators 
of  said  Los  Nietos  Township,  to  appoint  three  persons,  resident  irrigators  of 
said  district,  who  shall  act  and  constitute  a  board  of  irrigation  commis- 
sioners, and  also,  upon  petition  as  is  required  for  the  appointment  of  com- 
missioners, appoint  an  overseer  of  water,  who  shall  be  a  resident  of  said 
district.  The  board  of  supervisors  shall  cause  to  be  issued  to  each  person 
appointed  a  certificate  of  his  appointment.  All  officers  so  appointed  shall, 
within  ten  days  after  receiving  certificates  of  appointment,  take  the  usual 
oath  of  office,  to  be  indorsed  on  said  certificate  of  appointment  and  filed  in 


IRRIGATIOjV    districts — LOS     KIETOS.  597 

the  office  of  the  clerk  of  the  county  court  of  the  said  county.  Said  commis- 
sioners and  overseer  so  appointed  shall  hold  office  until  their  successors  are 
elected  and  qualified,  which  election  shall  be  at  the  general  election  every 
two  years  thereafter.  The  commissioners  appointed  in  compliance  with  the 
provisions  of  the  last  section  shall  meet  within  fifteen  days  after  their  ap- 
pointment and  qualification  and  elect  one  of  their  number  as  president,  and 
one  treasurer,  and  one  clerk,  after  which  time  they  shall  be  known  as  the 
board  of  water  commissioners  of  Los  Nietos  Township,  Los  Angeles  County. 
Said  commissioners,  before  entering  upon  the  discharge  of  their  duties,  shall 
each  make  and  execute  to  the  people  of  the  state  a  good  and  sufficient  bond 
in  the  sum  of  one  thousand  dollars,  conditioned  for  the  faithful  performance 
of  their  duties. 

§  4.  The  overseer  of  water  and  the  treasurer  shall  each,  before  taking 
charge  of  their  several  offices,  make  and  execute  to  the  Los  Nietos  Irrigation 
District  a  good  and  sufficient  bond,  in  the  sum  of  two  thousand  dollars,  with 
two  or  more  sureties,  conditioned  for  the  faithful  performance  of  their  duties 
as  such  officers,  said  bond  to  be  approved  by  the  county  judge  of  the  county, 
and  filed  with  the  clerk  of  the  county  court  of  said  county,  all  of  which  shall 
be  done  within  ten  days  after  the  organization  of  said  board. 

§  5.  It  shall  be  the  duty  of  the  board  of  supervisors  of  the  said  county  of 
Los  Angeles,  whenever  they  issue  their  proclamation  for  the  election  for 
county  and  township  officers  for  said  county,  to  insert  in  their  said  procla- 
mation an  order  for  the  election  of  three  commissioners  and  one  overseer  of 
water,  for  said  water  district,  and  said  election  of  said  commissioners  and 
overseer  of  water  shall  be  voted  for  at  the  same  time  and  places  and  in  all 
respects  as  township  officers. 

§  6.  As  soon  as  the  commissioners  are  appointed  or  elected  and  qualified 
as  in  this  act  provided,  they  shall  proceed  to  take  possession  of  and  control 
of  all  the  watercourses,  ditches,  dams,  aqueducts,  flumes,  reservoirs,  and 
irrigating  structures  and  works  in  said  district  (except  such  as  are  owned 
by  private  parties,  or  by  companies  or  corporations  legally  organized  under 
the  laws  of  this  state),  and  shall  determine  the  amount  of  water  which  shall 
be  given  and  used  as  an  irrigating  head,  and  cause  the  same  to  be  measured 
and  issued  to  the  irrigators;  to  use  all  means  necessary  to  cause  the  water  of 
said  district  to  be  utilized  to  the  best  interest  of  the  irrigators.  The  board  of 
commissioners  shall  have  power  to  receive  conveyances  for  rights  of  way  for 
ditches  or  dams,  reservoirs,  and  canals,  and  shall  have  power  to  maintain  an 
action  for  the  condemnation  of  an  easement  or  right  of  way  for  any  ditch, 
etc.,  over  any  lands  in  the  district  in  the  same  manner  as  is  now  or  may  here- 
after be  provided  by  law  for  the  condemnation  of  rights  of  way  for  public 
roads  when,  in  their  judgment,  the  necessity  of  the  district,  for  the  benefit 
of  irrigation,  requires  it. 

§  7.  Cause  to  be  made  out  in  alphabetical  form,  and  entered  of  record, 
a  list  of  all  the  irrigators  in  the  district,  the  amount  of  land  each  desire  [s]  to 
irrigate,  and  the  number  of  acres  heretofore  irrigated;  make  and  declare 
such  rules  and  regulations  as  may  be  just  in  regard  to  the  time  of  irrigation, 
and  the  number  of  times  required  for  the  proper  assurance  of  a  crop,  and  for 


508  IRRIGATION     DISTRICTS — LOS    «IETOS. 

the  purposes  of  determining  the  necessity  of  any  second,  third,  or  fourth  irri- 
gation of  any  one  crop  may  visit  and  examine  the  said  crop ;  hear  and  deter- 
mine as  a  board  of  arbitrators  all  differences  arising  between  irrigators  and 
the  overseer  of  water,  or  between  irrigators,  when  submitted  to  them;  order 
the  distribution  of  the  water  to  those  entitled  by  the  overseer,  beginning 
nearest  the  head  or  main  source  of  the  ditch,  and  thence  to  the  next,  and  so 
on  throughout  the  district;  provided,  that  the  supply  of  water  is  sufficient  to 
water  the  entire  district  within  thirty  days ;  and  in  case  the  supply  is  insuf- 
ficient, then  the  board  must  determine  the  amount  of  water  and  the  time 
to  be  used,  so  as  to  insure  a  crop  to  the  greater  number,  and  not  allow  the 
water  to  be  wasted  by  wetting  long  ditches  or  the  watering  of  stock.  When 
the  water  is  turned  in  at  the  head  of  the  main  ditch,  persons  on  the  side 
ditches  must  receive  the  same  by  some  representative  of  the  side  ditch  selected 
by  the  irrigators  of  the  said  side  ditch,  from  the  overseer,  and  notice  in  writing 
of  the  time  each  irrigator  on  said  side  ditch  is  entitled  to  use  the  same ;  and 
when  the  water  is  so  turned  in  to  a  side  ditch,  any  person  using  the  water 
from  said  side  ditch  who  neglects  or  refuses  to  use  the  water  shall  be  pre- 
cluded from  the  use  of  the  water  until  the  next  regular  time  when  the  water 
is  so  again  turned  on.  No  person  shall  be  entitled  or  allowed  to  sell  his 
run  of  water  oft'  of  his  side  ditch,  or  to  exchange  runs  of  water  off  of  the 
side  ditch  to  which  it  belongs,  and  all  persons  using  water  from  the  main 
ditch  must  use  the  same  on  his  turn,  and  in  case  he  or  they  neglect  or  refuse 
to  use  the  same  at  the  time  designated,  he  or  the}-  shall  lose  his  or  their  run 
of  water  for  that  time,  and  shall  in  no  case  be  allowed  to  exchange  or  sell 
his  or  their  run  of  water  to  be  taken  out  below  the  next  side  ditch  below  him 
or  them,  nor  above  the  first  side  ditch  above  him  or  them. 

§  8,  It  shall  be  the  duty  of  the  overseer  of  water  to  take  charge  of  and 
manage  all  the  waters,  dams,  ditches,  reservoirs,  and  aqueducts,  and  works 
of  the  company,  and  carry  out  generally  the  orders  of  the  board  of  commis- 
sioners; and  may  appoint  one  or  more  deputies,  subject  to  the  approval  of 
the  board  of  irrigators;  shall  cause  all  the  waters  under  the  control  of  the 
commissioners  to  be  properly  distributed  into  the  side  ditches  and  to  those 
using  the  water  from  the  main  ditch,  but  shall  not  turn  water  into  any  side 
ditch  until  it  is  fully  repaired  and  clear  of  filth,  and  with  sufficient  capacity 
to  carry  the  water  without  waste ;  to  see  that  all  the  ditches  and  works  of 
the  district  are  kept  in  good  repair  and  clear  of  filth.  He  shall  prepare  and 
keep  a  book,  in  which  he  shall  keep  a  correct  account  between  the  district 
and  the  irrigators,  in  debit  and  credit  form.  He  shall  collect  all  moneys 
arising  from  the  sale  of  water  or  any  other  source;  he  shall  pay  over  the 
same  to  the  treasurer  of  the  district  once  every  month  and  take  his  receipt 
for  the  same,  and  file  the  same  with  the  clerk  of  the  district.  He  shall  be  a 
con.servator  of  the  peace  so  far  as  any  breach  of  the  same  may  occur  under 
his  jurisdiction.  In  the  discharge  of  his  duties  under  the  provisions  of  this 
act,  he  shall  have  power,  either  with  or  without  process,  to  arrest  any  person 
or  persons  for  unlawful  interference  with  any  of  the  waters  or  works  of  the 
district,  and  take  him  or  them  before  any  magistrate  of  the  township,  to  be 
dealt  with  according  to  law. 

§  9.     It  shall  be  the  duty  of  the  treasurer  of  said  district  to  receive  and 


IRRIGATION     DISTRICTS — LOS     IVIETOS.  51)3 

receipt  for  and  safely  keep  any  and  all  moneys  paid  to  him  belonging  to  the 
district ;  keep  an  account  of  the  same  in  a  book  to  be  kept  for  that  purpose ; 
pay  the  same  out  on  the  presentation  of  warrants  signed  by  the  board  of 
commissioners,  or  a  majority  of  them,  and  attested  by  the  clerk  of  the  board; 
note  on  the  face  of  each  warrant  paid  and  date  of  payment;  file  and  keep 
the  same  as  vouchers ;  make  an  appropriate  entry  of  the  same ;  present  an 
account  current,  accompanied  by  vouchers,  to  the  board  quarterly. 

§  10.  Regular  sessions  of  the  board  of  irrigation  shall  be  held  on  the  first 
Monday  in  each  month  at  Downey  City,  and  may  adjourn  from  day  to  day, 
as  in  their  judgment  the  necessity  requires,  and  may  call  special  meetings 
at  any  time  by  the  order  of  the  president.  All  moneys  paid  into  the  treasury 
shall  be  paid  into  a  general  fund  and  used  for  the  payment  of  any  debts  or 
claims  against  the  district:  All  claims  against  the  district  shall  be  audited 
and  allowed  by  the  board  of  commissioners,  and  shall  be  recorded  and  num- 
bered consecutively  by  the  clerk  of  the  board,  and  the  nature  of  the  claim. 

§  11.  Each  and  every  person  entitled  to  water  of  the  district  and  who 
desires  to  use  the  same  for  irrigating  or  manufacturer's  [manufacturing]  pur- 
poses, shall  be  required,  after  notice  from  the  overseer,  of  not  less  than  three 
days'  verbal  notice,  or  by  written  notice  left  at  his  or  her  place  of  residence, 
perform  or  cause  to  be  performed  one  day's  work  for  each  five  acres  of  land 
desiring  [he  desires]  to  irrigate,  or  if  less  than  five  acres,  then  in  the  same  pro- 
portion as  one  is  to  five ;  or  if  the  water  is  desired  for  manufacturing  purposes, 
one  day's  work  shall  be  required  for  every  ten  days'  use  of  water;  provided, 
that  any  person  not  desiring  to  work  may  commute  by  paying  to  the  overseer 
one  dollar  and  fifty  cents  at  the  time  the  work  is  demanded  or  required  to  be 
performed ;  and  provided  further,  that  no  person  shall  be  entitled  to  the  use  of 
any  water  for  either  irrigation  or  manufacturing  purposes  unless  he  or  they 
either  work  or  cause  the  work  to  be  done  at  the  time  and  place  required  by  the 
overseer,  or  that  he  or  they  have  commuted  in  money ;  provided,  that  no  person 
shall  be  required  to  do  any  work,  or  pay  any  money  for  work  done  or  to  be 
done,  below  where  he  gets  his  or  their  water  from  the  ditch. 

§  12.  Eight  hours  shall  be  the  time  for  a  day's  work  under  the  provisions 
of  this  act,  and  any  person  idling  away  his  time  when  doing  work  under  this 
act  shall  be  charged  at  the  rate  of  twenty-five  cents  per  hour  by  the  overseer, 
and  the  same  to  be  deducted  from  his  time.  And  any  person  furnishing  sub- 
stitutes to  work  on  the  ditch  must  furnish  able-bodied  men,  or  they  shall  be 
rejected  by  the  overseer. 

§  13.  Any  person  or  persons  obstructing  the  waters  of  any  ditch,  flume, 
or  aqueduct,  by  dam  or  otherwise,  causing  the  same  to  overflow  or  waste,  or 
who  shall  put,  or  cause  to  be  put,  any  filth  in  any  ditch,  flume,  aqueduct,  or 
reservoir,  or  by  cutting  the  same  or  taking  the  water  therefrom  without 
authority  or  the  consent  of  the  overseer,  his  deputies,  or  the  board  of  com- 
missioners, shall  be  deemed  guilty  of  misdemeanor,  and,  upon  conviction  by 
any  tribunal  of  competent  jurisdiction,  shall  be  punished  by  fine  of  not  less 
than  fifty  nor  more  than  five  hundred  dollars,  or  imprisonment  in  the  county 
jail  for  not  more  than  ninety  days,  or  by  both  fine  and  imprisonment,  at  the 
discretion  of  the  court;  and  the  judgment  of  the  court  shall  be  that  in  case 


coo  IRRIGATION    DISTRICTS — LOS     NIETOS. 

the  fine  is  not  paid  immediately,  the  defendant  shall  be  committed  to  the 
county  jail  until  the  fine  is  liquidated  at  the  rate  of  one  dollar  per  day. 

§  14.  This  act  shall  not  be  so  construed  as  to  deprive  any  man  of  a  vested 
right  of  property. 

§  15.  In  case  any  person  shall  be  damaged  by  the  breaking  of  any  ditch, 
dam,  aqueduct,  or  reservoir  under  the  management  and  control  of  said  board 
of  commissioners,  said  district  shall  be  liable  for  said  damages;  provided, 
that  the  district  shall  not  be  liable  for  any  damage  caused  by  the  breaking 
of  any  of  the  works  of  the  district  caused  by  the  stock  act,  or  negligence  of  the 
party  damaged, 

§  16.  The  board  of  commissioners  shall  have  power  to  levy  a  tax  on  the 
lands  irrigated  in  said  district,  not  to  exceed  ten  cents  per  acre  in  any  one 
year,  whenever  in  their  judgment  it  becomes  necessary  for  the  interest  of  the 
district. 

§  17.  "Whenever  a  vacancy  occurs  in  the  office  of  any  of  the  officers  under 
the  provisions  of  this  act,  such  vacancy  shall  be  filled  by  appointment  by  the 
members  of  the  board  remaining  in  office ;  provided,  that  a  vacancy  of  two 
members  of  the  board  at  the  same  time  the  vacancies  shall  be  filled  by  the  board 
of  supervisors,  upon  petition,  as  is  required  in  the  first  instant  [instance]. 

§  18.  Each  member  of  the  board  of  commissioners  shall  receive  for  his 
services  as  such  officer  a  reasonable  compensation  for  his  services,  not  to- 
exceed  three  dollars  per  da}'  for  each  day  actually  employed  in  the  discharge 
of  the  duties  of  his  office. 

§  19.  The  overseer  of  water  shall  receive  for  his  services  not  to  exceed 
three  dollars  per  day  for  his  services,  for  each  day  actually  employed  in  the 
discharge  of  his  duties.  Each  deputy  shall  receive  a  reasonable  compensation 
for  his  services. 

§  20.  The  clerk  of  the  board  shall  receive  one  dollar  per  day  extra  of  his 
pay  as  commissioner  for  such  clerical  service. 

§  21.  The  treasurer  shall  receive  four  per  centum  on  all  moneys  of  the 
district  committed  to  his  care  and  keeping. 

§  22.  All  necessary  books,  stationery,  etc.,  for  the  officers  of  the  district, 
necessary  for  the  use  of  the  offices  and  officers  of  the  district,  shall  be  a  charge 
upon  and  paid  by  the  district. 

§  23.  The  irrigators  of  any  other  township  or  district  within  the  county 
of  Los  Angeles  desiring  to  avail  themselves  of  the  provisions  of  this  act,  may, 
by  petition  to  the  board  of  supervisors,  signed  by  a  majority  of  the  irrigators 
of  the  said  township  or  district,  be,  by  an  order  of  the  said  board  of  super- 
visors, spread  upon  the  minutes  of  said  board,  declare  the  said  township  or 
district  to  be  an  irrigating  district,  and  shall  appoint  three  persons  to  act  as 
commissioners,  and  one  overseer,  as  is  required  in  section  three  of  this  act. 
And  said  board  of  commLssioners  and  overseer  shall  qualify  and  in  all  re- 
spects be  governed  and  controlled  as  in  this  act  provided,  and  any  and  all 
water  districts  formed  under  this  section  shall  be  governed  and  controlled 
in  all  respects,  receive  all  the  benefits,  and  be  amenable  to  all  the  penalties 
of  this  act. 


IRRIGATIOiV— WATER     COMPANIES — REGULATION     OF.  601 

§  24.     All  acts  and  parts  of  acts  heretofore  passed  on  the  siibjeet  of  irriga- 
tion, so  far  as  they  relate  to  Los  Nietos  Township,  is  [are]  hereby  repealed. 
§  25.     This  act  shall  take  effect  from  and  after  its  passage. 

Gate  vs.  Sanford,  54  Cal.  24, 

IRRIGATION— WATER  COMPANIES. 

To  regulate   and  control  the  sale,   rental,  and  distribution   of   appropriated 
water  in  this  state,  other  than  in  any  city,  city  and  county,   or  town 
therein,  and  to  secure  the  rights  of  way  for  the  conveyance  of  such  water 
to  the  places  of  use. 
(Stats.  1885,  95,  ch.  CXV;  amended  1897,  49,  ch.  LII;  1901,  80,  ch.  LXII.) 

§  1.  The  use  of  all  water  now  appropriated,  or  that  may  hereafter  be 
appropriated,  for  irrigation,  sale,  rental,  or  distribution,  is  a  public  use,  and 
the  right  to  collect  rates  or  compensation  for  use  of  such  water  is  a  franchise, 
and  except  when  so  furnished  to  any  city,  city  and  county,  or  town,  or  the 
inhabitants  thereof,  shall  be  regulated  and  controlled  in  the  counties  of  this 
state  by  the  several  boards  of  supervisors  thereof,  in  the  manner  prescribed 
in  this  act. 

§  2.  The  several  boards  of  supervisors  of  this  state,  on  petition  and  notice 
as  provided  in  section  three  of  this  act,  are  hereby  authorized  and  required 
to  fix  and  regulate  the  maximum  rates  at  which  any  person,  company,  asso- 
ciation, or  corporation,  having  or  to  have  appropriated  water  for  sale,  rental, 
or  distribution  in  each  of  such  counties,  may  and  shall  sell,  rent,  or  distribute 
the  same. 

§  3.  Whenever  a  petition  of  not  less  than  twenty-five  inhabitants,  who 
are  taxpayers  of  any  county  of  this  state,  shall,  in  writing,  petition  the  board 
of  supervisors  thereof,  to  be  filed  with  the  clerk  of  said  board,  to  regulate 
and  control  the  rates  and  compensation  to  be  collected  by  any  person,  com- 
pany, association,  or  corporation,  for  the  sale,  rental,  or  distribution  of  any 
appropriated  water,  to  any  of  the  inhabitants  of  such  county,  and  shall  in 
such  petition  specify  the  persons,  companies,  associations,  or  corporations,  or 
any  one  or  more  of  them,  whose  water  rates  are  therein  petitioned  to  be  regu- 
lated or  controlled,  the  clerk  of  such  board  shall  immediately  cause  such 
petition,  together  with  a  notice  of  the  time  and  place  of  hearing  thereof,  to 
be  published  in  one  or  more  newspapers  published  in  such  county ;  and  if  no 
newspaper  be  published  therein,  then  shall  cause  copies  of  such  petition  and 
notice  to  be  posted  in  not  less  than  three  public  places  in  such  counties,  and 
such  publication  and  notice  shall  be  for  not  less  than  four  w-eeks  next  before 
the  hearing  of  said  petition  by  said  board;  &ach  notice  to  be  attached  to  said 
petition  shall  specify  a  day  of  the  next  regular  term  of  the  session  of  the  said 
board  not  less  than  thirty  days  after  the  first  publication  or  posting  thereof, 
for  the  hearing  of  said  petition,  which  shall  impart  notice  to  all  such  persons, 
companies,  associations,  and  corporations  mentioned  in  such  petition,  and  all 
persons  interested  in  the  matters  of  such  petition  and  notice.  Such  board  may 
also  cause  citations  to  issue  to  any  person  or  persons  within  such  county  to 
attend  and  give  evidence  at  the  hearing  of  such  petition,  and  may  compel  such 
attendance  by  attachment. 


602  IRRIGATION — WATER     COMPANIES — REGULATION     OF. 

§  4.  At  the  hearing  of  said  petition  the  board  of  supervisors  shall  estimate, 
as  near  as  may  be,  the  value  of  the  canals,  ditches,  flumes,  water  chutes,  and 
a]]  other  property  actually  used  and  useful  to  the  appropriation  and  furnish- 
ing of  such  water,  belonging  to  and  possessed  by  each  person,  association, 
company,  or  corporation,  whose  franchise  shall  be  so  regulated  and  controlled ; 
and  shall  in  like  manner  estimate  as  to  each  of  such  persons,  companies,  asso- 
ciations, and  corporations,  their  annual  reasonable  expenses,  including  the 
cost  of  repairs,  management,  and  operating  such  works ;  and,  for  the  purpose 
of  such  ascertainment,  may  require  the  attendance  of  persons  to  give  evidence, 
and  the  production  of  papers,  books,  and  accounts,  and  may  compel  the  attend- 
ance of  such  persons  and  the  production  of  papers,  books,  and  accounts,  by 
attachments,  if  wuthin  their  respective  counties. 

§  5.  In  the  regulation  and  control  of  such  water  rates  for  each  of  such 
persons,  companies,  associations,  and  corporations,  such  board  of  supervisors 
may  establish  different  rates  at  which  water  may  and  shall  be  sold,  rented, 
or  distributed,  as  the  case  may  be;  and  may  also  establish  different  rates  and 
compensation  for  such  water  so  to  be  furnished  for  the  several  diff'erent  uses, 
such  as  mining,  irrigating,  mechanical,  manufacturing,  and  domestic,  for  which 
such  water  shall  be  supplied  to  such  inhabitants,  but  such  rates  as  to  each 
class  shall  be  equal  and  uniform.  Said  board  of  supervisors,  in  fixing  such 
rates,  shall,  as  near  as  may  be,  so  adjust  them  that  the  net  annual  receipts 
and  profits  thereof  to  the  said  persons,  companies,  associations,  and  corpora- 
tions so  furnishing  such  w^ater  to  such  inhabitants  shall  be  not  less  than  six 
nor  more  than  eighteen  per  centum  upon  the  said  value  of  the  canals,  ditches, 
flumes,  chutes,  and  all  other  property  actually  used  and  useful  to  the  appro- 
priation and  furnishing  of  such  water  of  [to]  each  of  such  persons,  companies, 
associations,  and  corporations;  but  in  estimating  such  net  receipts  and  profits, 
the  cost  of  any  extensions,  enlargements,  or  other  permanent  improvements 
of  such  water  rights  or  waterworks  shall  not  be  included  as  part  of  the  said 
expenses  of  management,  repairs,  and  operating  of  such  works,  but  Avhen  ac- 
complished, may  and  shall  be  included  in  the  present  cost  and  cash  value  of 
such  work.  In  fixing  said  rates,  wdthin  the  limits  aforesaid,  at  wdiich  water 
shall  be  so  furnished  as  to  each  of  such  persons,  companies,  associations,  and 
corporations,  each  of  said  board  of  supervisors  may  likewnse  take  into  estima- 
tion any  and  all  other  facts,  circumstances,  and  conditions  pertinent  thereto, 
to  the  end  and  purpose  that  said  rates  shall  be  equal,  reasonable  and  just, 
both  to  such  persons,  companies,  associations,  and  corporations,  and  to  said 
inhabitants;  and  each  such  board  of  supervisors  shall  designate  what  propor- 
tion of  the  rates  so  fixed  shall  be  for  the  said  annual  reasonable  expenses  of 
each  of  such  persons,  companies,  associations  or  corporations,  and  what  pro- 
portion of  the  rates  so  fixed  shall  be  for  the  said  net  annual  receipts  and  profits 
to  such  persons,  companies,  associations  or  corporations.  The  said  rates,  when 
so  fixed  by  such  board,  shall  be  binding  and  conclusive  for  not  less  than  one 
year  next  after  their  establishment,  and  until  established  anew^  or  abrogated 
by  such  board  of  supervisors,  as  hereinafter  provided.  And  until  such  rates 
shall  be  so  established  or  after  they  shall  have  been  abrogated  by  such  board 
of  supervisors,  as  in  this  act  provided,  the  actual  rates  established  and  col- 
lected by  each  of  the  persons,  companies,  associations,  and  corporations  now 


IRRIGATION — WATER     COMPANIES — REGULATION     OF.  603 

furnishing,  or  that  shall  hereafter  furnish,  appropriated  waters  for  sale, 
rental,  or  distribution  to  the  inhabitants  of  any  of  the  counties  of  this  state, 
shall  be  deemed  and  accepted  as  the  legally  established  rates  thereof.  [Amend- 
ment, Stats.  1901,  80.] 

§  6.  At  any  time  after  the  establishment  of  such  water  rates  by  any  board 
of  supervisors  of  this  state,  the  same  may  be  established  anew,  or  abrogated 
in  whole  or  in  part  by  such  board,  to  take  effect  not  less  than  one  year  next 
after  such  first  establishment,  but  subject  to  said  limitation  of  one  year,  to  take 
effect  immediately  in  the  following  manner:  Upon  the  written  petition  of  inhabi- 
tants as  hereinbefore  provided,  or  upon  the  written  petition  of  any  of  the  per- 
sons, companies,  associations  or  corporations,  the  rates  and  compensations  of 
whose  appropriated  waters  have  already  been  fixed  and  regulated,  and  are  still 
subject  to  such  regulation  by  any  board  of  supervisors  of  this  state,  as  in  this 
act  provided ;  and  upon  the  like  publication  or  posting  of  such  petition  and 
notice,  and  for  the  like  period  of  time  as  hereinbefore  provided,  such  board  of 
supervisors  shall  proceed  anew,  in  the  manner  hereinbefore  provided,  to  fix  and 
establish  the  water  rates  for  such  person,  company,  association,  or  corporation, 
or  any  number  of  them,  in  the  same  manner  as  if  such  rates  had  not  been  pre- 
viously established,  and  may,  upon  the  petition  of  such  inhabitants,  but  not 
otherwise,  abrogate  any  and  all  existing  rates  theretofore  established  by  such 
board.  All  water  rates,  when  fixed  and  established  as  herein  provided  shall  be 
in  force  and  effect  until  established  anew  or  abrogated,  as  provided  in  this  act. 

§  7.  Each  board  of  supervisors  of  this  state,  when  fixing  and  establishing, 
or  fixing  and  establishing  anew,  or  abolishing  any  previously  established  water 
rates,  as  hereinbefore  provided,  shall  cause  a  record  to  be  made  thereof  in  the 
records  of  such  board,  and  cause  the  same  to  be  published  or  posted  in  the  man- 
ner and  for  the  time  required  for  the  publication  or  posting  of  said  petitions 
and  notices. 

§  8.  Any  and  all  persons,  companies,  associations,  or  corporations,  furnishing 
for  sale,  rental,  or  distribution,  any  appropriated  waters  to  the  inhabitants  of 
any  county  or  counties  of  this  state  (other  than  to  the  inhabitants  of  any  city, 
city  and  county,  or  town,  therein),  shall  so  sell,  rent,  or  distribute  such  waters 
at  rates  not  exceeding  the  established  rates  fixed  and  regulated  therefor  by  the 
boards  of  supervisors  of  such  counties,  or  as  fixed  and  established  by  such  per- 
son, company,  association,  or  corporation,  as  provided  in  this  act. 

§  9.  If  any  person,  company,  association,  or  corporation,  whose  water  rates 
for  any  county  of  this  state  have  been  fixed  and  regulated  by  a  board  of  super- 
visors, as  in  this  act  provided,  and  while  such  rates  are  in  force,  shall  collect,  for 
any  appropriated  water,  furnished  to  any  inhabitant  of  such  county  water  rates 
in  excess  of  such  established  rates,  shall  be  liable,  in  an  action  by  any  such 
inhabitant  so  aggrieved,  to  a  recovery  of  the  whole  rate  so  collected,  together 
with  actual  damages  sustained  by  such  inhabitant,  with  costs  of  suit. 

§  10.  Every  person,  company,  association,  and  corporation,  having  in  any 
county  in  the  state  (other  than  in  any  city,  city  and  county,  or  town  therein) 
appropriated  waters  for  sale,  rental,  or  distribution,  to  the  inhabitants  of  such 
county,  upon  demand  therefor,  and  tender  in  money  of  such  established  water 
rates,  shall  be  obliged  to  sell,  rent,  or  distribute  such  water  to  such  inhabitants 


604  IKRIGATION — WATER    COMPANIES — JUDGES    OF    PLAIIVS. 

at  the  established  rates  regulated  and  fixed  therefor,  as  in  this  act  provided, 
whether  so  fixed  by  the  board  of  supervisors  or  otherwise,  to  the  extent  of  the 
actual  supply  of  such  appropriated  waters  of  such  person,  company,  association, 
or  corporation,  for  such  purposes.  If  any  person,  company,  association,  or  cor- 
poration, having  water  for  such  use,  shall  refuse  compliance  with  such  demand, 
or  shall  neglect,  for  the  period  of  five  days  after  such  demand,  to  comply  there- 
with to  the  extent  of  his  or  its  reasonable  ability  so  to  do,  shall  be  liable  in  dam- 
ages to  the  extent  of  the  actual  injury  sustained  by  the  person  or  party  making 
such  demand  and  tender,  to  be  recovered,  with  costs. 

§  11.  Whenever  any  person,  company,  association,  or  corporation  shall  have 
accpiired  the  right  to  appropriate  water,  or  shall  have  acquired  the  right  to 
appropriate  such  water  in  this  state,  such  person,  company,  association,  or  cor- 
poration, may  proceed  to  condemn  the  lands  and  premises  necessary  to  such 
right  of  way,  under  the  provisions  of  title  seven  of  part  three  of  the  Code  of 
Civil  Procedure  of  this  state,  and  amendments  made  and  to  be  made  thereto,  and 
all  the  provisions  of  said  code,  so  far  as  the  same  can  be  made  applicable,  relat- 
ing to  the  condemnation  and  taking  of  property  for  public  uses,  shall  be  appli- 
cable to  the  provisions  of  this  act. 

■  §  11^/^.  Nothing  in  this  act  contained  shall  be  construed  to  prohibit  or  invali- 
date any  contract  already  made,  or  which  shall  hereafter  be  made,  by  or  with 
any  of  the  persons,  companies,  associations,  or  corporations  described  in  section 
two  of  this  act,  relating  to  the  sale,  rental,  or  distribution  of  water,  or  to  the 
sale  or  rental  of  easements  and  servitudes  of  the  right  to  the  flow  and  use  of 
water;  nor  to  prohibit  or  interfere  with  the  vesting  of  rights  under  any  such 
contract.     [New  section.  Stats.  1897,  49.] 

§  12.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

It  is  beUeved  that  the  foregoing  act  fully  1058;    Fresno    Canal    etc.    Co.    vs.    Park,    129 

supersedes  Stats.  18S0,  16,  ch.  XXI. — McFad-  Cal.    437,    446,    62   Pac.    Rep.    87;   Hildreth  vs. 

den  vs.  Los  Angeles  County,  74  Cal.  571,  573,  Montecito    Creek    W.    Co.,    139    Cal.    22,    28, 

16  Pac.  Rep.  397;  Crow  vs.  San  Joaquin  etc.  72  Pac.  Rep.   395. 
Irr.   Co:,   130  Cal.   309,   313,   62   Pac.   Rep.   562, 

JAILS. 

See  tits.  Hair -Cutting-;  Matrons;  Parol  Commissioners;  Prisons;  State  Prisons. 

JAPANESE  WOMEN. 

See  tits.  Asiatics;  Prostitution. 

See  KERR'S   CYC.  PEN.   CODE   §  174. 

JUDGES  OF  THE  PLAINS. 

Concerning  judges  of  the  plains  (jueces  del  campo),  and  defining  their  duties. 

(Stats.  1851,  515,  ch.  CXXXI;  amended  1857,  158,  ch.  CXXXIV;  1863,  497, 

ch.  CCCXXXVIII.) 

§  1.  The  board  of  supervisors  of  each  county  in  this  state  may,  at  their  first 
regular  meeting  in  each  year;  appoint  such  number  of  .judges  of  the  plains  for 
their  respective  counties,  as  they  may  deem  necessary.  Said  judges  of  the  plains 
shall  hold  their  office  for  the  term  of  one  year,  and  until  their  successors  are 
appointed  and  qualified.     [Amendment,  Stats.  1863,  497.] 


JUDGES    OF    PLAIXS — DUTIES    AND    TERM    OF    OFFICE.  605 

§  2.  Judges  of  the  plains  are  hereby  required,  and  it  is  made  their  duty,  to 
attend  all  rodeos,  or  gathering  of  cattle,  whether  for  the  purpose  of  marking 
and  branding,  or  for  the  purpose  of  separating  cattle,  when  called  upon  by  any 
ranchero,  farmer,  or  owner  of  stock,  that  may  be  made  in  their  respective 
counties.     [Amendment,  Stats.  1863,  497.] 

§  3.  Whenever  any  dispute  arises  respecting  the  ownership,  mark,  or  brand 
of  any  horse,  mule,  jack,  jenny,  or  horned  cattle,  it  shall  be  the  duty  of  the 
judges  of  the  plains  to  decide  on  such  dispute. 

§  4.  Any  party  interested  in  the  dispute  of  the  ownership,  mark,  or  brand 
of  any  animals  as  enumerated  above,  may  appeal  from  the  decision  of  the  judges 
of  the  plains  to  a  justice  of  the  peace  of  the  township  where  such  dispute  may 
arise;  provided,  such  appeal  be  made  within  twenty-four  hours  after  the  judg- 
ment has  been  notified  to  him. 

§  5.  All  persons  traveling  with  cattle,  sheep,  hogs,  horses,  or  mules,  shall,  in 
case  said  animals  be  not  of  their  own  mark  and  brand,  be  obliged  to  procure  from 
the  person  or  persons  from  whom  they  obtain  such  cattle,  or  from  the  justice  of 
the  peace  residing  nearest  to  the  farm  or  place  where  they  obtain  the  same,  a 
certificate  of  the  number  and  kind  of  such  cattle,  and  the  mark  and  brand  which 
distinguished  the  same ;  and  they  shall  allow  such  animals  to  be  subject  to  the 
inspection  of  owners  of  lands  through  which  they  may  pass,  and  upon  arriving 
at  any  city,  town,  or  village,  shall  present  themselves  to  a  judge  of  the  plains, 
and  state  the  number  and  kind  of  such  animals ;  and  it  shall  be  the  duty  of  the 
judge  of  the  plains  to  examine  the  band  or  drove,  and  accompany  them  out  of 
the  precinct  of  such  city,  town,  or  village. 

§  6.  That  if  the  number  and  kind  of  animals  do  not  agree  with  the  report  of 
the  owaier  or  person  in  charge,  and  with  the  certificates  in  his  possession,  the 
judge  of  the  plains  shall  detain  the  band  or  drove,  and  take  the  owner  or  person 
in  charge  before  the  nearest  magistrate  for  examination. 

§  7.  The  judge  of  the  plains  shall  arrest  and  take  before  any  magistrate  any 
person  who  may  be  accused  to  him  or  whom  he  has  reasonable  ground  to  suspect 
of  killing,  hiding,  or  otherwise  taking  away  cattle,  horses,  or  other  animals 
belonging  to  others,  and  shall  execute  any  warrant  delivered  to  him  by  any 
magistrate  for  larceny  or  other  offense  concerning  said  described  property,  he 
shall  execute  any  warrant  delivered  to  him  by  any  justice  of  the  peace,  for  the 
purposes  herein  named,  and  otherwise  shall  have  and  exercise  the  same  powers 
as  any  sheriff,  constable,  or  police  officer,  in  the  cases  provided  for  by  the  act 
entitled  "An  act  to  punish  vagrants,  vagabonds  and  dangerous  and  suspicious 
persons,"  approved  April  thirtieth,  eighteen  hundred  and  fifty-five,  and  the  act 
amendatory  thereof,  approved  February  nineteenth,  eighteen  hundred  and  fifty- 
six,  for  making  an  arrest,  or  the  service  of  process,  or  other  services  in  criminal 
cases,  he  shall  receive  the  same  fees  or  compensation  as  the  sherifi:.  [Amend- 
ment, Stats.  1857,  158.] 

§  8.  That  should  complaint  be  brought  against  any  judge  of  the  plains  for 
dereliction  of  duty,  the  same  being  sustained,  [he]  shall  be  considered  as  guilty 
of  a  misdemeanor,  and  shall  be  liable  to  prosecution  for  the  same. 

§  9.  The  judge  of  the  plains  shall  receive  such  compensation  for  his  services 
as  may  be  fixed  upon  by  the  board  of  supervisors  at  the  time  of  his  appointment, 


606  JURORS,     FEES— JUTE     GOODS,     REGULATING     PRICE. 

not  to  exceed  the  sum  of  five  dollars  for  each  day  actually  employed,  and  which 
shall  be  paid  by  the  party  in  default,  or  by  the  party  requiring  his  services. 
[Amendment,  Stats.  1863,  497.] 

§  10.  The  board  of  supervisors  may  make  such  other  local  regulations  with 
respect  to  the  duties  of  the  judges  of  the  plains,  that  they  may  deem  necessary. 
[Amendment,  Stats.  1863,  497.] 

§  11.  This  act  shall  take  effect  from  and  after  the  first  day  of  July;  and  all 
]aws  now  in  force  in  this  state,  having  relation  to  judges  of  the  plains,  are 
hereby  repealed. 

JUDGMENTS. 
See  tits.  Counties;  Municipal  Corporations. 

JURORS— FEES. 
See  tit.  Fees  of  Officers. 

Jury  fees.  —  The  following  portion  of  passage  of  the  act  of  1895  and  had  not  re- 
Stats.  1869-70,  148-176,  ch.  CXLIV,  relative  ceived  their  fees,  but  It  was  held  uncon- 
to  fees  of  jurors  In  civil  cases,  has  been  stitutional,  as  being  in  the  nature  of  a 
held  not  repealed  by  the  codes  or  subse-  "gift." — Powell  vs.  Phelan,  138  Cal.  271, 
quent  legislation,  to  wit:  "In  civil  cases,  the  71  Pac.  Rep.  335;  and  see  Jackson  vs.  Baehr, 
party  in  whose  favor  verdict  is  rendered,  138  Cal.  266,  71  Pac.  Rep.  167. 
before  the  same  be  entered,  shall  pay  the  On  the  general  subject,  see  Jlhodes  vs. 
jury  fees,  but  the  same  may  be  recovered  Spencer,  68  Cal.  199,  8  Pac.  Rep.  855;  Jacobs 
as  costs  from  the  party  losing  the  case." —  vs.  Elliott,  104  Cal.  318,  320,  37  Pac.  Rep. 
Carpenter  vs.  Jones,  121  Cal.  362,  53  Pac.  942;  Mason  vs.  Culbert,  108  Cal.  247,  248,  41 
Rep.    842.  Pac.  Rep.   464;  Carpenter  vs.  Jones,  121  Cal. 

An   act   was   passed   in    1901    (Stats.    1901,  362,  364,  53  Pac.  Rep.   842;  Hilton  vs.  Curry, 

684,  ch.  CCXXXIII)   for  the  purpose  of  pay-  124  Cal.  84,  86,  56  Pac.  Rep.  784. 
ing  fees  to  jurors  who  had  served  since  the 

JUSTICES'    COURTS— JURISDICTION. 

See  KERR'S  CYC.  CODE  CIV.  PROC.  §103,  amended  1903;  codifying  Stats.  1873-4,  937; 
1889,  451;  1899,  143. 

JUSTICES  OF  THE  PEACE— CITIES. 

See  KERR'S  CYC.  CODE  CIV.  PROC.  §  103. 

JUTE  GOODS. 

Fixing  the  price  and  conditions  of  sale  at  which  jute  goods  shall  be  sold  by  the 

state. 
(Stats.  1893,  54,  ch.  XLII.) 

§  1.  It  shall  be  the  duty  of  the  .state  board  of  prison  directors,  from  time  to 
time,  to  fix  the  price,  and  to  give  public  notice  of  the  same,  at  which  jute  goods 
shall  be  sold  by  the  state,  but  at  no  time  shall  the  price  fixed  be  more  than  one 
cent  per  bag  in  excess  of  the  net  cost  of  producing  the  same,  exclusive  of  prison 
labor;  and  it  is  made  the  duty  of  state  prison  authorities  to  confine  the  sale  of 
jute  goods  to  consumers  direct,  but  no  order  shall  be  filled  for  any  one  individual 
or  firm,  during  any  one  year,  for  more  than  five  thousand  grain  bags,  except  on 
request  of  the  warden,  and  the  unanimous  approval  of  the  state  board  of  prison 
directors. 

§  2.  Demands  for  jute  goods  by  consumers  shall  be  promptly  filled  in  the 
order  in  which  they  are  made;  but  when  the  supply  is  short,  demands  shall  be 


JUTE    GOODS— KEUX    COUNTY.  607 

registered  at  the  prison  in  the  order  of  their  arrival,  and  filled  from  the  output 
of  the  jute  mill  in  the  order  of  registration ;  provided,  that  on  and  after  the 
fifteenth  day  of  June  of  each  year,  by  and  with  the  consent  of  a  majority  of  the 
board  of  prison  directors,  the  warden  may  fill  orders  for  larger  quantities  to 
actual  consumers,  as  they  may,  in  their  judgment,  deem  expedient;  provided, 
that  orders  of  farmers  shall  take  precedence  over  all  others;  provided  further, 
that  ten  per  centum  of  the  purchase  price  shall  accompany  each  order,  and  the 
remaining  portion  must  be  paid  upon  delivery  of  the  goods. 

§  3.  All  orders  for  jute  goods  must  be  accompanied  by  an  affidavit  setting 
forth  that  the  amount  of  goods  contained  in  the  order  are  for  individual  and 
personal  use  of  the  applicant,  said  affidavit  to  be  subscribed  and  sworn  to  before 
some  notary  public,  or  by  a  justice  of  the  peace,  residing  in  the  township  in 
which  the  applicant  resides;  provided,  that  any  applicant,  as  heretofore  pro- 
vided for,  who  falsely  and  fraudulently  procures  jute  goods  under  the  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor. 

§  4.     This  act  shall  take  efi^ect  immediately. 

See  tit.   State  Prisons — Jute  Fund. 

JUVENILE  COURT. 

See  tit.  Children. 

KEEPER  OF  ARCHIVES. 

See  tits.  Secretary  of  State;  State  Archives. 

KERN  COUNTY. 

To  provide  one  additional  judge  of  the  superior  court  of  the  county  of  Kern. 

(Stats.  1903,  30,  ch.  XXVIII.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Kern  is 
hereby  increased  from  one  (1)  to  two  (2). 

§2.  Within  ten  (10)  days  after  the  passage  of  this  act  the  governor  shall 
appoint  one  (1)  additional  judge  of  the  superior  court  of  the  county  of  Kern, 
who  shall  hold  office  until  the  first  Monday  after  the  first  day  of  January,  anno 
Domini  one  thousand  nine  hundred  and  five  (1905)  ;  and  at  the  next  general 
election  to  be  held  in  November,  anno  Domini  one  thousand  nine  hundred  and 
four  (1904),  one  (1)  judge  of  said  court  in  addition  to  the  present  number 
provided  by  law  for  said  county  shall  be  elected  to  hold  office  for  the  term  pre- 
scribed by  the  constitution  and  by  law. 

§  3.  The  salary  of  said  one  (1)  additional  judge  shall  be  the  same  in  amount, 
and  shall  be  paid  at  the  same  time  and  in  the  same  manner  as  that  of  the  other 
judge  of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

KESHER  SHEL  BARSEL— INCORPORATION. 

Consult  Stats.   1S67-8,   201,  ch.  CCVIII. 


608  KINGS    COUNTY— CREATING. 

KINGS  COUNTY— CREATING. 

To  create  the  county  of  Kings,  to  define  the  boundaries  thereof,  fix  the  county 
seat  thereof,  and  to  provide  for  its  organization  and  election  of  officers,  and 
to  classify  said  county. 

(Stats.  1893,  176,  ch.  CL.) 

§  1,  There  may  be  formed  out  of  the  western  part  of  Tulare  County  a  new 
county,  to  be  called  the  county  of  Kings,  in  the  manner  and  subject  to  the  con- 
ditions herein  named. 

§  2.  The  boundaries  of  the  said  county  of  Kings  shall  be  as  follows :  Begin- 
ning at  the  point  where  the  fourth  standard  line  south  of  Mount  Diablo  base  line 
intersects  or  crosses  the  boundary  line  as  now  established  by  law  between  Tulare 
and  Fresno  counties ;  thence  east  to  the  northeast  corner  of  section  one,  in  town- 
ship seventeen  south,  of  range  twenty -two  east,  Mount  Diablo  base  and  meridian ; 
thence  south  six  miles ;  thence  east  three  miles ;  thence  south  nine  miles  to  the 
southeast  corner  of  section  sixteen,  in  township  nineteen  south,  range  twenty- 
three  east,  Mount  Diablo  base  and  meridian ;  thence  west  three  miles  to  the  south- 
east corner  of  section  thirteen,  township  nineteen  south,  range  twenty-two  east, 
Mount  Diablo  base  and  meridian ;  thence  south  nine  miles  to  the  southeast  corner 
of  township  twenty  south,  range  twenty-two  east.  Mount  Diablo  base  and  meri- 
dian; thence  west  to  the  northeast  corner  of  township  twenty-one  south,  range 
twenty-two  east,  Mount  Diablo  base  and  meridian ;  thence  south  twenty-four 
miles  to  the  boundary  line  between  Kern  and  Tulare  counties  as  now  established 
by  law;  thence  west  along  the  said  boundary  line  between  Kern  and  Tulare 
counties,  to  the  corner  common  to  the  counties  of  Tulare,  Monterey,  San  Luis 
Obispo,  and  Kern,  as  now  established  by  law;  thence  in  a  northwesterly  direc- 
tion along  the  boundary  line  between  the  counties  of  Monterey  and  Tulare,  as 
now  established  by  law,  to  the  corner  common  to  the  counties  of  Tulare,  Mon- 
terey and  Fresno;  thence  in  a  northeastern  direction  along  the  boundary  line 
between  Fresno  and  Tulare  counties,  as  now  established  by  law,  to  the  place  of 
beginning. 

§  3.  The  seat  of  justice  of  said  county  of  Kings  shall  be  at  the  city  of  Han- 
ford  until  otherwise  provided  by  laAv. 

§  4.  The  governor  shall,  when  this  act  takes  effect,  appoint  five  persons,  resi- 
dents and  electors  of  the  county  of  Kings,  who  shall  be  and  constitute  a  board  of 
commissioners  to  perfect  the  organization  of  said  county,  a  majority  of  whom 
shall  constitute  a  quorum.  Said  commissioners  shall  meet  in  the  city  of  Han- 
ford  within  twenty  days  after  their  appointment,  and  after  being  duly  sworn 
to  faithfully  discharge  their  duties  as  prescribed  in  this  act,  shall  organize  by 
electing  one  of  their  number  president,  and  shall  elect  a  clerk,  who  shall  also  be 
duly  sworn  to  faithfully  discharge  his  duties  as  clerk  of  said  board  of  commis- 
sioners. Three  of  the  members  of  said  board  shall  be  necessary  to  transact  any 
business,  and  a  majority  of  the  votes  of  the  members  present  at  any  meeting 
shall  control  in  all  matters  coming  before  it.  It  shall  be  the  duty  of  said  board 
of  commissioners  after  they,  shall  have  duly  organized,  at  their  first  meeting  to 
divide  the  county  of  Kings  into  five  supervisorial  districts,  as  nearly  equal  in 
population  as  may  be  practicable,  and  shall  designate  the  boundaries  and  num- 
ber of  each,  and  .shall  establish  and  designate  the  several  election  precincts  in 


KINGS    COUNTY— FIRST    MEIBTING    OF    COMMISSIONERS.  609 

said  county,  and  the  house  or  place  in  each  precinct  where  the  election  herein- 
after provided  for  must  be  held.  Said  commissioners,  and  the  clerk  elected  by 
them,  are  hereby  authorized  and  required  to  discharge  the  same  duties  as  are 
now  required  by  law  of  boards  of  supervisors  and  county  clerks  in  the  counties 
of  this  state,  so  far  as  the  same  apply  to  holding  elections,  canvassing  returns, 
and  issuing  certificates  of  election.  They  shall  keep  a  full  record  of  their  pro- 
ceedings, transmitting  to  the  secretary  of  state  a  certified  copy  thereof,  filing 
the  originals  with  the  original  election  returns  in  the  county  clerk's  office,  as  soon 
as  he  shall  have  been  qualified,  and  thereupon  the  powers  and  duties  of  said 
commissioners  shall  cease  and  terminate. 

§  5.  "Within  six  months  from  the  time  of  the  first  meeting  of  the  commis- 
sioners hereinbefore  provided  for,  said  commissioners  shall  order  an  election  to 
be  held  in  said  county  of  Kings.  There  shall  be  chosen  at  said  election  a  judge 
of  the  superior  court,  a  district  attorney,  a  county  clerk,  a  sheriff,  a  tax  collector, 
a  treasurer,  a  recorder  and  auditor,  an  assessor,  a  superintendent  of  schools,  a 
county  surveyor,  a  coroner,  a  public  administrator,  and  one  supervisor  for  each 
supervisor  district;  provided,  that  all  duly  elected  and  qualified  supervisors  of 
Tulare  County,  who,  at  the  taking  effect  of  this  act,  are  residents  of  the  county 
of  Kings,  shall  hold  their  offices  for  the  time  provided  by  law,  upon  having  duly 
qualified  as  supervisors  of  the  county  of  Kings,  for  the  respective  districts  in 
which  they  reside,  as  said  districts  are  organized  by  action  of  the  board  of  com- 
missioners provided  for  in  this  act.  At  said  election  there  shall  be  submitted  to 
the  qualified  electors  of  said  county  of  Kings,  as  hereinafter  described,  the  ques- 
tion whether  they  desire  a  separate  county  government;  and  for  the  purpose  of 
ascertaining  the  choice  of  said  electors,  the  ballots  used  at  said  election  shall  have 
printed  thereon  the  words  "For  the  new  county  of  Kings — Yes,"  "For  the  new 
county  of  Kings — No;"  and  all  ballots  on  which  a  cross  is  marked  with  a  stamp 
after  the  words  "For  the  new  county  of  Kings — Yes,"  shall  be  counted  in 
favor  of  such  separate  county  government;  and  all  ballots  on  which  a  cross  is 
marked  with  a  stamp  after  the  words  "For  the  new  county  of  Kings — No," 
shall  be  counted  against  such  separate  county  government.  Said  election  shall 
be  conducted  in  every  respect,  except  as  otherwise  herein  provided,  in  accord- 
ance with,  the  general  election  law  for  the  election  of  county  and  township 
officers. 

§  6.  All  qualified  electors  of  this  state,  who  have  been  residents  and  electors 
of  the  territory  comprising  the  county  of  Kings  for  ninety  days  preceding  the 
election  provided  for  in  section  five  of  this  act,  shall  be  qualified  to  vote  at  said 
election.  The  register  of  Tulare  County  used  at  the  general  election  held  in  the 
year  eighteen  hundred  and  ninety-two,  in  the  territory  comprising  the  county  of 
Kings,  shall  be  prima  facie  evidence  of  the  qualification  of  electors.  The  county 
clerk  of  Tulare  County  is  hereby  directed  to  furnish  the  commissioners  of  Kings 
County  a  certificate,  under  seal,  showing  the  additional  names  of  voters  on  the 
great  register  of  Tulare  County  registered  as  residing  in  the  territory  of  the 
county  of  Kings  since  the  last  great  register  of  Tulare  County  was  printed ;  and 
the  certificate  of  the  county  clerk  of  Tulare  County,  under  seal,  showing  the 
registration  of  any  qualified  voter  who  resides  in  the  territory  forming  the 
county  of  Kings,  up  to  the  date  of  election,  shall  entitle  the  holder  thereof,  if 
otherwise  qualified  by  law,  to  vote  at  said  election. 

Gen.  Laws — 39 


eiO  KINGS     COUNTY — OFFICERS,    ETC. 

§  7.  It  shall  be  the  duty  of  secretary  of  state  to  furnish  to  the  clerk  of  said 
board  of  commissioners  the  quantity  of  ballot  paper  ordered  by  said  clerk,  for 
use  at  the  election  provided  for  in  this  act,  upon  payment  of  the  cost  of  such 
paper. 

§  8.  If  at  said  election  two  thirds  of  the  votes  cast  on  the  question  of  separate 
county  government  shall  be  in  favor  of  such  separate  county  government,  then 
the  said  territory  hereinabove  described  shall  be  and  become  a  separate  county 
from  and  after  the  day  upon  which  the  returns  of  said  election  shall  be  ascer- 
tained and  declared  by  said  board  of  commissioners.  But  if  at  such  election  less 
than  two  thirds  of  the  qualified  electors  voting  for  and  against  the  creation  of 
the  proposed  county  vote  for  the  creation  of  said  county,  then  this  act  shall  cease 
to  be  of  any  force  or  effect. 

§  9.  Sealed  returns  from  the  officers  of  election  of  the  several  precincts  shall 
be  made  to  the  board  of  commissioners,  at  such  office  as  they  shall  select  in  the 
city  of  Hanford,  within  six  days  after  the  day  of  election. 

§  10.  Each  person  elected  to  fill  an  office  of  said  county,  under  the  provisions 
of  this  act,  shall  qualify  in  the  manner  provided  by  law  for  such  officers,  and 
shall  enter  upon  the  discharge  of  the  duties  of  his  office  within  twenty  days  after 
the  receipt  of  the  certificate  of  his  election.  The  person  elected  as  judge  of  the 
superior  court  shall  qualify  before  the  president  of  said  board  of  commissioners ; 
and  persons  elected  to  offices  of  said  county  other  than  the  office  of  judge  of  the 
superior  court  shall  qualify  before  the  judge  of  the  superior  court,  or  before  the 
president  of  said  board  of  commissioners,  which  said  president  of  said  board  of 
commissioners,  for  said  purpose,  shall  have  power  to  administer  to  each  of  said 
persons  his  official  oath. 

§  11.  The  officers  elected  or  appointed  under  the  provisions  of  this  act  shall 
each  perform  the  duties  and  receive  the  compensation  now  provided  by  general 
law  for  the  office  to  which  he  has  been  appointed  or  elected,  in  counties  of  the 
class  to  which  the  county  of  Kings  belongs,  under  the  general  classification  of 
counties  in  this  state ;  and  until  otherwise  provided  by  law,  said  county  shall  be 
classified  as  a  county  of  the  forty-third  class. 

§  12.  All  justices  of  the  peace,  and  all  constables,  duly  elected  and  qualified 
residents  of  the  county  of  Kings  at  the  taking  effect  of  this  act,  shall  hold  their 
offices  for  the  terms  provided  by  law,  upon  having  duly  qualified  as  justices  and 
constables  of  the  county  of  Kings  for  the  respective  townships  in  which  they 
reside.  All  school  trustees,  acting  as  such  at  the  time  of  tlie  taking  effect  of  this 
act,  residents  of  the  county  of  Kings,  shall  hold  their  offices  for  the  time  pro- 
vided by  law,  upon  having  duly  qualified  as  such  for  the  respective  school  dis- 
tricts in  which  they  severally  reside,  as  such  districts  are  now  organized. 

§  13.  The  notaries  public  of  Tulare  County,  residents  of  the  countj^  of  Kings 
at  the  dates  of  their  appointments,  shall  hold  their  offices  until  the  expiration 
of  their  terms. 

§  14.  The  judge  of  the  superior  court  chosen  under  the  provisions  of  this  act 
shall  hold  his  office  until  the  first  Monday  after  th^  first  day  of  January,  eighteen 
hundred  and  ninety-seven,  and  until  his  successor  is  elected  and  qualified.  The 
assessor  and  supervisors  elected  under  the  provisions  of  this  act  .shall  hold  their 
offices  until  the  first  Monday  after  the  first  day  of  January,  eighteen  hundred 


TAX    COLLECTOR— KINGS    AND    TULARE— SUPERVISORS.  611 

and  ninety-five,  or  until  their  successors  are  elected  and  qualified.  The  other 
officers  hereinbefore  enumerated  shall  hold  their  offices  until  the  first  Monday- 
after  the  first  day  of  January,  eighteen  hundred  and  ninety-five,  or  until  their 
successors  are  elected  and  qualified.  The  successors  of  the  officers  elected  under 
this  act  shall  be  chosen  at  the  general  election  established  by  law  which  takes 
place  next  preceding  the  expiration  of  their  respective  terms  of  office. 

§  15,  It  sli^ll  be  the  duty  of  the  tax  collector  of  the  county  of  Tulare,  upon 
the  demand  of  the  tax  collector  of  the  county  of  Kings,  to  furnish,  assign,  and 
transfer  to  the  tax  collector  of  the  county  of  Kings  a  complete  list  of  all  unpaid 
taxes  assessed  and  levied  during  the  year  eighteen  hundred  and  ninety-two,  on 
property  within  the  boundaries  of  the  county  of  Kings.  The  tax  collector  of  the 
county  of  Tulare  shall  file  a  duplicate  list  of  such  unpaid  taxes  assessed  within 
the  boundaries  of  the  county  of  Kings,  with  the  county  auditor  of  Tulare  County. 
The  tax  collector  of  the  county  of  Kings  shall  give  to  the  tax  collector  of  the 
county  of  Tulare  a  receipt  for  said  list  of  unpaid  taxes,  and  shall  file  a  duplicate 
list  with  the  auditor  of  the  county  of  Kings,  and  thereupon  all  such  unpaid  taxes 
shall  become  payable  to  the  tax  collector  of  the  county  of  Kings,  and  he  is 
hereby  authorized  to  collect  and  receipt  for  the  same. 

§  16.  The  superintendent  of  schools  of  the  county  of  Tulare  shall  furnish  the 
superintendent  of  schools  of  the  county  of  Kings  with  a  certified  copy  of  the  last 
school  census  list  of  the  different  school  districts  in  the  territory  set  apaift  to 
form  the  county  of  Kings,  and  draw  his  warrant  on  the  treasurer  of  Tulare 
County  in  favor  of  superintendent  of  schools  of  the  county  of  Kings,  for  all 
money  that  is  or  may  be  due,  by  apportionment  or  otherwise,  to  the  different 
school  districts  of  the  county  of  Kings.  The  auditor  of  the  county  of  Tulare 
shall  in  like  manner  draw  his  warrant  in  favor  of  the  auditor  of  the  county  of 
Kings  for  all  money  that  is  or  may  be  due,  by  apportionment  or  otherwise,  to 
the  different  road  district  funds  in  the  territory  set  apart  to  form  the  county  of 
Kings,  and  said  funds  shall  be  properly  credited  to  the  respective  districts  in 
said  Kings  County. 

§  17.  The  board  of  supervisors  of  Kings  County  are  hereby  authorized  to 
provide  suitable  books,  and  contract  with  some  competent  person  to  transcribe 
from  the  records  of  Tulare  County  such  parts  thereof  as  relate  to  property  situ- 
ated in  Kings  County,  and  said  records,  when  so  transcribed  and  certified,  shall 
have  the  same  force  and  effect  as  such  original  records.  The  compensation  for 
said  services  shall  be  fixed  and  allowed  by  the  board  of  supervisors  of  Kings 
County,  not  to  exceed  for  transcribing  fifteen  cents  per  folio.  The  recorder  of 
Tulare  County  shall  examine  said  transcript  and  certify  to  the  correctness  of 
each  deed,  mortgage,  and  other  instruments,  and  affix  his  seal  to  the  same;  for 
which  service  he  shall  receive  a  sum  not  to  exceed  twenty-five  cents  for  each 
instrument  so  examined,  certified,  and  sealed. 

§  18.  The  county  of  Kings  shall  be  attached  to  and  form  a  part  of  the  sixty- 
fourth  assembly  district  and  of  the  thirty-second  senatorial  district  as  now  estab- 
lished until  otherwise  provided  by  law. 

[§19.]  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  approval. 

Kings  County  vs.  Johnson,  104  Cal.  198,  199,  37  Pac.  Rep.  870;  People  vs.  Markham, 
104  Cal.  232,  236,  37  Pac.  Rep.  918;  Tulare  County  vs.  Kings  County,  117  Cal.  195,  49  Pac. 
Rep.  8. 


6ia  liABELS— LABOR    CONTRACTS — LABOR   DISPUTES. 

KINGS  RIVER. 

See  tit.  Fish  and  Game. 

KLAMATH  COUNTY. 

stats.   1873-4,  755,   ch.    CCCCXXX,   supple-  upon  matters  of  boundary,  and  as  to  Siski- 

mented   1875-6,    603,   ch.   DXX,   annexing-  the  you,  that  matter  is  fixed  by  §  3913,  Pol  Code, 

territory  then  known  as  Klamath  County  to  — See  People  ex  rel.  Love  vs.  Nally,  49   Cal. 

counties  of  Humboldt  and  Siskiyou.      These  478,  479 
statutes   have   served   their   purpose   except 

LABELS— PRODUCE  AND  MANUFACTURED  GOODS. 

To  prevent  fraud  and  imposition  in  the  matter  of  stamping  and  labeling  produce 

and  manufactured  goods. 

(Stats.  1887,  17,  ch.  XXI.) 

This    statute    has    been    carried    into    the  See    tit.    Fruit — Marks    and    Brands;    also 

Penal    Code    by    Stats.     1905,     669,    ch.    DIX.  KERR'S    CYC.    CIV.    CODE    §  991    note,    pars. 

— See  KERR'S  CYC.  PEN.  CODE  §  349a  and  77,    81,    133,    137-152    et    seq.,    178-184,    as    to 

note  thereto.  fraud  and  imposition  in  trade-marks. 

LABOR— CONTRACTS. 

To  prevent  misrepresentations  of  conditions  of  employment,  making  it  a  mis- 
demeanor to  misrepresent  the  same  and  providing  penalties  therefor. 

(Stats.  1903,  269,  ch.  CCXXIX.) 

§  1.  It  shall  be  unlawful  for  any  person,  partnership,  company,  corporation, 
association,  or  organization  of  any  kind,  doing  business  in  this  state  directly  or 
through  any  agent  or  attorney,  to  induce,  influence,  persuade,  or  engage  any 
person  to  change  from  one  place  to  another  in  this  state,  or  to  change  from  any 
place  in  any  state,  territory,  or  country  to  any  place  in  this  state,  to  work  in 
any  branch  of  labor,  through  or  by  means  of  knowingly  false  representations, 
whether  spoken,  written,  or  advertised  in  printed  form,  concerning  the  kind  or 
character  of  such  work,  the  compensation  therefor,  the  sanitary  conditions  relat- 
ing to  or  surrounding  it,  or  the  existence  or  non-existence  of  any  strike,  lockout, 
or  other  labor  dispute  affecting  it  and  pending  between  the  proposed  employer 
or  employers  and  the  persons  then  or  last  theretofore  engaged  in  the  perform- 
ance of  the  labor  for  which  the  employee  is  sought. 

§  2.  Any  violation  of  section  one  or  section  two  hereof  [sic]  shall  be  deemed 
a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  exceeding  two  thousand 
dollars  or  by  imprisonment  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

§  3.     This  act  shall  take  effect  on  the  date  of  its  passage. 

See    Liens. — Consult    the    recent    case    of  The    statute    of    1903,    119,    commonly   re- 

Lochner   vs.    State    of   New   York,   U.    S.    su-  ferred     to    as     the     "eight-hour     law,"     has 

preme     court     decision     of    April     17,     1905,  been      carried      into      the      Penal      Code     by 

Supreme    Court    Reporter    of    May    15,    1905,  Stats.    1905,     666. — See    KERR'S    CYC.    PEN. 

and  the  various  decisions  there  cited.  CODE  §  653c. 

LABOR  DISPUTES. 
See  tits.  Employer  and  Employee;  Labor  Contracts. 


LABOR     STATISTICS — DUTIES     OF     COMMISSIONER,  613 

LABOR— STATISTICS. 

To  establish  and  support  a  bureau  of  labor  statistics. 
(Stats.  1883,  27,  ch.  XXI;  amended  1889,  6,  eh.  X,  and  1901,  12,  eh.  XXIII.) 

§  1.  As  soon  as  possible  after  the  passage  of  this  act,  and  every  four  years 
thereafter,  the  governor  of  the  state  shall  appoint  a  suitable  person  to  act  as 
commissioner  of  a  bureau  of  labor  statistics.  The  headquarters  of  said  bureau 
shall  be  located  in  the  city  and  county  of  San  Francisco;  said  commis- 
sioner to  serve  for  four  (4)  years,  and  until  his  successor  is  appointed  and 
qualified. 

§  2.  The  commissioner  of  the  bureau,  before  entering  upon  the  duties  of  his 
office,  must  execute  an  official  bond  in  the  sum  of  five  thousand  (5000)  dollars 
and  take  oath  of  office,  all  as  prescribed  by  the  Political  Code  for  state  officers 
in  general. 

§  3.  The  duties  of  the  commissioner  shall  be  to  collect,  assort,  systematize, 
and  present,  in  biennial  reports  to  the  legislature,  statistical  details,  relating  to 
all  departments  of  labor  in  the  state,  such  as  the  hours  and  wages  of  labor,  cost 
of  living,  amount  of  labor  required,  estimated  number  of  persons  depending  on 
daily  labor  for  their  support,  the  probable  chances  of  all  being  employed,  the 
operation  of  labor-saving  machinery  in  its  relation  to  hand  labor,  etc.  Said 
statistics  may  be  classified  as  follows: 

First — In  agriculture. 

Second — In  mechanical  and  manufacturing  industries. 

Third — In  mining. 

Fourth — In  transportation  on  land  and  water. 

Fifth — In  clerical  and  all  other  skilled  and  unskilled  labor  not  above  enumer- 
ated. 

Sixth — The  amount  of  cash  capital  invested  in  lands,  buildings,  machinery, 
material,  and  means  of  production  and  distribution  generally. 

Seventh — The  number,  age,  sex,  and  condition  of  persons  employed;  the 
nature  of  their  employment;  the  extent  to  which  the  apprenticeship  system  pre- 
vails in  the  various  skilled  industries;  the  number  of  hours  of  labor  per  day; 
the  average  length  of  time  employed  per  annum,  and  the  net  wages  received  in 
each  of  the  industries  and  employments  enumerated. 

Eighth — The  number  and  condition  of  the  unemployed,  their  age,  sex,  and 
nationality,  together  with  the  causes  of  their  idleness. 

Ninth — The  sanitary  condition  of  lands,  workshops,  dwellings,  the  number 
and  size  of  rooms  occupied  by  the  poor,  etc. ;  the  cost  of  rent,  fuel,  food,  clothing, 
and  water  in  each  locality  of  the  state;  also  the  extent  to  which  labor-saving 
processes  are  employed  to  the  displacement  of  hand  labor. 

Tenth — The  number  and  condition  of  the  Chinese  in  the  state;  their  social 
and  sanitary  habits;  number  of  married,  and  of  single;  the  number  employed, 
and  the  nature  of  their  employment;  the  average  wages  per  day  at  each  employ- 
ment; and  the  gross  amount  yearly;  the  amounts  expended  by  them  in  rent, 
food,  and  clothing,  and  in  what  proportion  such  amounts  are  expended  for 
foreign  and  home  productions,  respectively;  to  what  extent  their  employment 
comes  in  competition  with  the  white  industrial  classes  of  the  state. 


614  LABOR    STATISTICS — POWER    OF    COMMISSIONER. 

Eleventh — The  number,  condition,  and  nature  of  the  employment  of  the 
inmates  of  the  state  prison  [s],  county  jaiJs,  and  reformatory  institutions,  and 
to  what  extent  their  employment  comes  in  competition  with  the  labor  of 
mechanics,  artizans,  and  laborers  outside  of  these  institutions. 

Twelfth — All  such  other  information  in  relation  to  labor  as  the  commissioner 
may  deem  essential  to  further  the  object  sought  to  be  obtained  by  this  statute, 
together  with  such  strictures  on  the  condition  of  labor  and  the  probable  future 
of  the  same  as  he  may  deem  good  and  salutary  to  insert  in  his  biennial 
reports. 

§  4.  It  shall  be  the  duty  of  all  officers  of  state  departments,  and  the  assessors 
of  the  various  counties  of  the  state,  to  furnish,  upon  the  written  request  of  the 
commissioner,  all  the  information  in  their  poM'er  necessary  to  assist  in  carrying 
out  the  objects  of  this  act ;  and  all  printing  required  by  the  bureau  in  the  dis- 
charge of  its  duty  shall  be  performed  by  the  state  printing  department,  and 
at  least  three  thousand  (3000)  copies  of  the  printed  report  shall  be  furnished 
the  commissioner  for  free  distribution  to  the  public, 

§  5.  Any  person  who  wilfully  impedes  or  prevents  the  commissioner  or  his 
deputy  in  the  full  and  free  performance  of  his  or  their  duty,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  of  the  same  shall  be  fined  not  less  than  ten 
(10)  nor  more  than  fifty  (50)  dollars,  or  imprisonment  not  less  than  seven  (7) 
nor  more  than  thirty  (30)  days  in  the  county  jail,  or  both. 

§  6.  The  office  of  the  bureau  shall  be  open  for  business  from  nine  (9)  o'clock 
a.  m.  until  five  (5)  o'clock  p.  m.  every  day  except  non-judicial  days,  and  the 
officers  thereof  shall  give  to  all  persons  requesting  it  all  needed  information 
which  they  may  possess. 

§  7.  The  commissioner  shall  have  power  to  send  for  persons  and  papers  when- 
ever in  his  opinion  it  is  necessary,  and  he  may  examine  witnesses  under  oath, 
being  hereby  qualified  to  administer  the  same  in  the  performance  of  his  duty, 
and  the  testimony  so  taken  must  be  filed  and  preserved  in  the  office  of  said  com- 
missioner; he  shall  have  free  access  to  all  places  and  works  of  labor,  and  any 
principal,  owner,  operator,  manager,  or  lessee  of  any  mine,  factory,  workshop, 
warehouse,  manufacturing  or  mercantile  establishment,  or  any  agent  or  employee 
of  such  principal,  owner,  operator,  manager,  or  lessee  who  shall  refuse  to  said 
commissioner,  or  his  duly  authorized  representative,  admission  therein,  or  who 
shall,  when  requested  by  him,  wilfully  neglect  or  refuse  to  furnish  to  him  any 
statistics  or  information  pertaining  to  his  lawful  duties,  which  may  be  in  the 
possession  or  under  the  control  of  said  principal,  owner,  operator,  lessee,  man- 
ager, or  agent  thereof,  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
that  two  hundred  dollars.     [Amendment,  Stats.  1889,  6.] 

§  8.  No  use  shall  be  made  in  the  reports  of  the  bureau  of  the  names  of  indi- 
viduals, firms,  or  corporations  supplying  the  information  called  for  by  this  act, 
such  information  being  deemed  confidential,  and  not  for  the  purpose  of  disclos- 
ing any  person's  affairs;  and  any  agent  or  employee  of  said  bureau  violating 
this  provision  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  to  exceed  fi.ve  hundred  dollars  or  by 
imprisonment  in  the  county  jail  not  to  exceed  six  montlis.  [New  section  added, 
Stats.  1889,  6.] 


LABOR     STATISTICS — COMPLAINT     TO     COMMISSIONER,  615 

§  9.  The  commissioner  shall  appoint  a  deputy,  who  shall  have  the  same 
powers  as  the  said  commissioner,  and  such  agents  or  assistants,  not  exceeding 
three,  as  he  may  from  time  to  time  require,  at  such  a  rate  of  wages  as  he  may 
prescribe,  but  said  rate  must  not  exceed  four  dollars  per  day  and  actual  travel- 
ing expenses  for  each  person  while  employed;  he  shall  procure  rooms  necessary 
for  offices,  at  a  rent  not  to  exceed  fifty  dollars  per  month.  [Section  8  of  said 
law  changed  to  section  9  and  amended.  Stats.  1889,  6.] 

§  10.  The  salary  of  the  commissioner  shall  be  three  thousand  dollars  per 
annum,  and  the  salary  of  the  deputy  commissioner  shall  be  eighteen  hundred 
dollars  per  annum,  to  be  audited  by  the  controller  and  paid  by  the  state  treas- 
urer, in  the  same  manner  as  other  state  officers ;  there  shall  also  be  allowed  a  sum 
not  to  exceed  forty-five  hundred  dollars  per  annum  for  the  salary  of  agents  or 
assistants,  for  traveling  expenses,  and  for  other  contingent  expenses  of  the 
bureau.  [Section  9  of  said  law  changed  to  section  10  and  amended,  Stats.  1889, 
6.     Section  10  was  repealed.  Stats.  1899,  6.] 

§  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

§  12.  Whenever  complaint  is  made  to  the  commissioner  that  the  scaffolding 
or  the  slings,  hangers,  bloclvs,  pulleys,  stays,  braces,  ladders,  irons,  or  ropes  of 
any  swinging  or  stationary  scaffolding  used  in  the  construction,  alteration, 
repairing,  painting,  cleaning  or  painting  of  building  are  unsafe  or  liable  to 
prove  dangerous  to  the  life  or  limb  of  any  person,  such  commissioner  shall 
immediately  cause  an  inspection  to  be  made  of  such  scaffolding  or  the  slings, 
hangers,  blocks,  pulleys,  stays,  braces,  ladders,  iron,  or  other  parts  connected 
therewith.  If  after  examination  such  scaffolding  or  any  of  such  parts  is  found 
to  be  dangerous  to  life  or  limb,  the  commissioner  shall  prohibit  the  use  thereof, 
and  require  the  same  to  be  altered  and  reconstructed  so  as  to  avoid  such  danger. 
The  commissioner,  deputy  commissioner,  or  agent  or  assistant  making  the  exam- 
ination shall  attach  a  certificate  to  the  scaffolding  or  the  slings,  hangers,  irons, 
ropes  or  other  parts  thereof,  examined  by  him,  stating  that  he  has  made  such 
examination  and  that  he  found  it  safe  or  unsafe  as  the  case  may  be.  If  he 
declares  it  unsafe,  he  shall  at  once  in  writing  notify  the  person  responsible  for 
its  erection  of  the  fact  and  warn  him  against  the  use  thereof.  Such  notice  may 
be  served  personally  upon  the  person  responsible  for  its  erection  or  by  con- 
spicuously affixing  it  to  the  scaffolding  or  the  part  thereof  declared  to  be  unsafe. 
After  such  notice  has  been  so  served  or  affixed  the  person  responsible  therefor 
shall  immediately  remove  such  scaffolding  or  part  thereof  and  alter  or  strengthen 
it  in  such  manner  as  to  render  it  safe,  in  the  discretion  of  the  officer  who  has 
examined  it  or  of  his  superiors.  The  commissioner,  his  deputy  and  any  duly 
authorized  representative  whose  duty  it  is  to  examine  or  test  any  scaffolding  or 
part  thereof  as  required  by  this  section,  .shall  have  free  access,  at  all  reasonable 
hours,  to  any  building  or  premises  containing  them  or  where  they  may  be  in 
use.  All  swinging  and  stationary  scaffolding  shall  be  so  constructed  as  to  bear 
four  times  the  maximum  weight  required  to  be  dependent  therefrom  and  placed 
thereon,  when  in  use,  and  not  more  than  four  men  shall  be  allowed  on  any  swing- 
ing scaffolding  at  one  time.     [New  section  added,  Stats.  1901,  12.] 

People  vs.  Markham,  104  Cal.  235,  37  Pac.    Rep.   918. 


61Q  I.ABOR    STATISTICS— WAGES    AND    SALARIES. 

LABOR   STATISTICS— REPORTS. 

Directing  the  commissioner  of  the  bureau  of  labor  statistics  to  collect  certain 
statistics,  and  present  them  in  biennal  reports,  and  making  it  the  duty  of 
certain  officers  to  furnish  such  statistics  in  compliance  with  the  provisions 
of  this  act. 

(Stats.  1905,  109,  ch.  CXIII.) 

§  1.  The  commissioner  of  the  bureau  of  labor  statistics  is  hereby  directed,  in 
addition  to  his  other  duties,  to  collect  and  present  in  his  biennial  report  to  the 
legislature,  statistics  relating  to  marriage,  divorce,  and  crime. 

§  2.  It  is  hereby  declared  to  be  the  duty  of  all  officers  of  each  respective 
county,  city,  or  city  and  county,  in  addition  to  their  other  duties,  whose  duty  it 
is  to  keep  a  record  of  marriage,  divorce,  or  crime,  and  they  must  furnish  to  the 
commissioner  of  the  bureau  of  labor  statistics,  upon  his  request,  whatever  data 
it  may  be  necessary  for  said  commissioner  to  acquire  in  complying  with  the  pro- 
visions of  section  one  of  this  act. 

§  3.  This  act  shall  take  effect  and  be  in  force  immediately  upon  its  passage 
and  approval. 

See  tits.  Day  of  Rest;  Dms  Stores — Hours  See  next  foUowing  statute  as  to  Wages; 
of  Labor;  Factories;  Employer  and  Em-  and  see  KERR'S  CYC.  PEN.  CODE  §  653c, 
ployee;  Employment  Agent;  Labels;  Labor  and  Stats.  1905,  666,  as  to  general  Eight- 
Contracts;  Labor  Statistics;  Liens;  Office —  Hour  Law,  and  note  appended  to  Drug 
Eligibility;  Public  Service.  Stores,  ante  p.  417. 

LABOR— WAGES  AND  SALARIES. 

To  protect  the  wages  of  labor  and  the  salaries  and  fees  of  subordinate  officers. 
(Stats.  1871-2,  951,  ch.  DCXXXVII.) 

§  1.  Every  person  who  employs  laborers  upon  the  public  works,  and  who 
takes,  keeps,  or  receives  any  part  or  portion  of  the  wages  due  to  such  laborers 
from  the  state  or  municipal  corporation  for  which  such  work  is  done,  is  guilty 
of  a  felony. 

§  2.  Every  officer  of  the  state,  or  any  county,  city,  or  township  therein,  who 
keeps  or  retains  any  part  or  portion  of  the  salary  or  fees  allowed  by  law  to  his 
deputy,  clerk,  or  subordinate  officer  is  guilty  of  a  felony. 

LAKE  BIGLER. 

To  legalize  the  name  of  Lake  Bigler. 

(Stats.  1869-70,  64,  ch.  LVIII.) 

§  1.  The  lake  situate  near  the  summit  of  the  Sierra  Nevadas,  in  the  counties 
of  El  Dorado  and  Placer,  shall  be  known  as  Lake  Bigler,  and  the  same  is  hereby 
declared  to  be  the  official  name  of  said  lake,  and  the  only  name  to  be  regarded 
as  legal  in  official  documents,  deeds,  conveyances,  leases  and  other  instruments 
of  writing  to  be  placed  on  state  or  county  records,  or  used  in  reports  made  by 
state,  county,  or  municipal  officers. 

See  tit.  Fish  and  Game. 

LAKE  CHABOT. 

See  tit.  Fish  and  Game. 


L.AK£:     TAHOK     WAGON     ROAD— COMMISSIONER.  617 

LAKE  MERRITT. 

See  tit.  Fish  and  Game. 

LAKE  PERALTA. 

See  tit.  Lake  Merritt. 

LAKE  TAHOE  WAGON  ROAD. 

To  create  the  office  of  Lake  Tahoe  wagon  road  commissioner,  providing  the  term 
of  office  and  compensation  of  such  commissioner,  defining  his  duties,  and 
making  an  appropriation  for  the  salary  and  expenditures  provided  for,  and 
authorized  by  this  act. 

(Stats.  1897,  388,  ch.  CCXLV;  amended  1899,  236,  ch.  CCLIII.) 

§  1.  The  office  of  Lake  Tahoe  wagon  road  commissioner  is  hereby  created. 
Such  commissioner  shall  be  appointed  by  the  governor  of  this  state,  and  his  term 
of  office  shall  be  four  years  from  and  after  the  date  of  his  appointment,  and 
until  his  successor  is  appointed  and  qualified. 

§  2.  Said  commissioner  shall  take  the  same  oath  of  office  as  is  provided  by 
law  for  other  state  officers,  and,  before  entering  upon  the  discharge  of  his  duties, 
shall  give  bond  to  the  state,  with  sufficient  sureties,  to  be  approved  by  the  gov- 
ernor, in  the  sum  of  five  thousand  dollars,  for  the  faithful  performance  of  his 
duties  as  such  officer. 

§  3,  Said  commissioner  shall  receive  from  the  state  a  salary  of  fifty  dollars 
per  month,  payable  monthly,  which  salary  shall  be  paid  out  of  the  state  treasury 
upon  warrants  drawn  by  the  controller  in  the  same  manner  as  the  salaries  of 
other  state  officers  are  paid.  He  shall  also  receive  his  necessary  traveling 
expenses  while  engaged  in  the  performance  of  his  official  duties,  such  traveling 
expenses  to  be  allowed  by  the  state  board  of  examiners. 

§  4.  Said  commissioner  shall  have  the  care,  control,  management,  and  super- 
vision of  that  certain  wagon  road  belonging  to  the  state  of  California,  known 
as  the  "Lake  Tahoe  wagon  road,"  situated  in  the  county  of  El  Dorado,  in  said 
state,  and  commencing  at  the  junction  of  said  road  with  the  Placerville  and 
Newtown  road,  a  short  distance  easterly  from  the  village  of  Smith's  Flat,  in  said 
county,  and  running  thence  to  a  point  on  the  east  boundary  line  of  this  state  at 
or  near  Lake  Tahoe.  It  shall  be  his  duty  to  keep  said  road,  and  the  bridges  and 
-culverts  thereon,  in  good  repair  and  condition,  and  he  shall  keep  said  road  free 
from  obstructions  and  open  for  travel  at  all  times,  except  when  prevented  by 
snow  or  severity  of  climate.  He  shall  repair  or  rebuild  said  road,  bridges,  and 
culverts  whenever  and  wherever  necessary,  and  shall  construct  new  bridges  and 
culverts  when  necessary  or  proper,  and  may  alter  or  change  said  road  when  neces- 
sary or  proper  to  improve  the  same,  and  may  and  shall  do  all  things  necessary  or 
proper  to  care  for,  manage,  maintain,  improve,  and  protect  said  road,  together 
with  its  bridges  and  culverts,  and  to  otherwise  perform  his  duties  as  such  com- 
missioner; and  in  so  doing  he  is  authorized  to  employ  all  necessary  assistance 
and  procure  all  necessary  materials,  implements  and  appliances;  provided,  that 
before  any  of  the  moneys  herein  appropriated  are  expended  on  said  Lake  Tahoe 
state  wagon  road,  it  shall  be  the  duty  of  the  highway  commissioner  (provided  for 


«{jL8  LAKE    TAHOE     M^AGO^     ROAD— SURVEYS     AJVD     PLANS. 

in  an  act  entitled  "An  act  to  create  a  department  of  highways  for  the  state  of 
California,  to  define  its  duties  and  powers,  to  provide  for  the  appointment  of 
officers  and  employees  thereof,  and  to  provide  for  the  compensation  of  said  officers 
and  employees,  and  for  the  additional  expenses  of  said   department,   and  to 
make  an  appropriation  therefor  for  the  remainder  of  the  forty-eighth  fiscal 
year,"  approved  April  first,  eighteen  hundred  and  ninety-seven)   to  make  or 
cause  to  be  made  all  necessary  surveys,  plans,  and  specifications  for  contem- 
plated contract  work  in  connection  with  said  Lake  Tahoe  wagon  road,  and  upon 
their  completion  the  Lake  Tahoe  wagon  road  commissioner  shall  be  empowered 
to  advertise  for  bids  for  said  work  as  covered  by  said  surveys,  plans,  and  speci- 
fications, and  to  let  the  contract  or  contracts  for  the  same  to  the  lowest  respon- 
sible bidder;  provided,  that  before  any  payments  are  made  for  said  work  it 
shall  have  been  first  inspected  by  the  highway  commissioner  (of  the  department 
of  highways)  and  by  him  certified  to  the  state  board  of  examiners,  as  fulfilling 
all  the  conditions  of  the  contract  and  plans  and  specifications  covering  said 
work;  and  all  claims  for  said  work  shall  be  further  audited  and  approved  by 
the  state  board  of  examiners,  and  such  having  been  done,  the  controller  shall 
draw  his  warrants,  from  time  to  time,  as  may  be  necessary,  in  favor  of  the  per- 
son, or  persons,  to  whom  said  money  is  due,  and  the  treasurer  shall  pay  the 
same;  provided,  furthermore,  that  the  expenditure  of  all  money  for  the  mak- 
ing of  plans,  specifications,  or  surveys,  and  the  employment  of  all  engineers  or 
draftsmen  therefor,  and  the  purchase  of  all  apparatus  or  supplies  therefor,  shall 
be  within  the  jurisdiction  of  the  highway  commissioner  (of  the  department  of 
highways),  and  he  shall  have  the  power  to  employ  all  such  engineers  and  drafts- 
men, and  to  purchase  all  engineering  apparatus  and  supplies  necessary  for  the 
carrying  out  of  the  provisions  of  this  act ;  but  all  claims  for  such  service  or 
material  furnished  shall  be  before  payment  audited  and  approved  by  the  state 
board  of  examiners,  and  such  having  been  done  the  controller  shall  draw  his 
warrants  for  the  same,  and  the  treasurer  shall  pay  said  warrants.     [Amendment, 
Stats.  1889,  236.    Amendatory  act  of  1899,  236,  also  contained  the  two  following 
appropriations  in  §  2:  "There  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  the  sum  of  twenty-five  thousand  dol- 
lars to  carry  out  the  provisions  of  said  act  for  the  remainder  of  the  fiftieth  fiscal 
year  and  for  the  fifty-first  and  fifty-second  fiscal  years.    Of  said  sum  of  twenty- 
five  thousand  dollars  the  sum  of  five  thousand  dollars  is  made  available  imme- 
diately for  paying  the  salary,  traveling,  and  other  expenses  incurred  by  said 
Lake  Tahoe  state  wagon  road  commissioner,  and  to  pay  for  making  of  surveys, 
plans,  and  specifications  by  the  state  highway  commissioner  as  herein  provided, 
and  for  other  expenses  incident  thereto.     The  sum  of  twenty  thousand  dollars 
is  hereby  set  apart  and  made  available  from  and  after  January  first,  A.  D.  nine- 
teen hundred,  for  repairing  and  improving  said  road  and  structures  thereon  and 
the  building  of  any  necessary  new  road  structures  thereon."     §  3  repealed  con- 
flicting acts;  §  4  fixed  time  when  original  act  went  into  effect.] 

§  5.  All  expenditures  authorized  by  the  provisions  of  this  act,  except  the 
salary  of  said  commissioner,  shall  be  subject  to  the  approval  of  the  state  board 
of  examiners.  The  state  controller  shall  draw  his  warrants  for  all  expenditures 
sa  approved  by  said  board,  and  the  state  treasurer  shall  pay  the  same. 

§  6.     There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 


LiOWERIlVG     LEVEL      OF     LAKES — SPANISH      CLAIMS.  019 

otherwise  appropriated,  the  sum  of  ten  thousand  ($10,000.00)  dollars,  for  the 
purpose  of  paying  the  salary  of  said  commissioner,  and  the  other  expenses  and 
expenditures  authorized  or  directed  by  the  provisions  of  this  act  for  the  remainder 
of  the  forty-eighth  fiscal  year  and  for  the  forty-ninth  and  fiftieth  fiscal  years. 
§  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

As  to  the  acquisition  o£  the  Lake  Talioe  wagon  road  by  the  state,  see  Stats.  1895,  119, 
ch.  CXXVIII. 

LAKES— LOWERING  LEVELS  OF. 

Authorizing  the  United  States  government  to  lower  the  water  levels  of  any 
or  all  of  the  following  lakes :  Lower  or  Little  Klamath  Lake,  Tule  or 
Rhett  Lake,  Goose  Lake,  and  Clear  Lake,  situated  in  Siskiyou  and  Modoc 
counties,  and  to  use  any  part  or  all  of  the  beds  of  said  lakes  for  the 
storage  of  water  in  connection  with  the  irrigation  and  reclamation  oper- 
ations conducted  by  the  reclamation  service  of  the  United  States;  also 
ceding  to  the  United  States  all  right,  title,  interest  or  claim  of  the  state 
of  California  to  any  lands  uncovered  by  the  lowering  of  the  water  levels 
of  any  or  all  of  said  lakes  not  already  disposed  of  by  the  state. 

(Stats.  1905,  4,  ch.  VI.) 

§  1.  That  for  the  purpose  of  aiding  in  the  operations  of  irrigation  and  recla- 
mation conducted  by  the  reclamation  service  of  the  United  States,  established 
by  the  act  of  Congress  approved  June  seventeenth,  nineteen  hundred  and 
two  (32  Stats,  388),  known  as  the  Reclamation  Act,  the  United  States  is  hereby 
authorized  to  lower  the  water  levels  of  any  or  all  of  the  following  lakes: 
Lower  or  Little  Klamath  Lake,  Tule  or  Rhett  Lake,  Goose  Lake,  and  Clear 
Lake,  situated  in  Siskiyou  and  Modoc  counties,  as  show^n  by  the  map  of  the 
United  States  Geological  Survey,  and  to  use  any  part  or  all  of  the  beds  of 
said  lakes  for  the  storage  of  water  in  connection  with  such  operations. 

§  2.  And  there  is  hereby  ceded  to  the  United  States  all  the  right,  title, 
interest,,  or  claim  of  this  state  to  any  lands  uncovered  by  the  lowering  of  the 
water  levels,  of  any  or  all  of  said  lakes,  not  already  disposed  of  by  this  state ; 
and  the  lands  hereby  ceded  may  be  disposed  of  by  the  United  States  free  of 
any  claim  on  the  part  of  this  state,  in  any  manner  that  may  be  deemed  ad- 
visable by  the  authorized  agencies  of  the  United  States,  in  pursuance  of  the 
provisions  of  said  reclamation  act;  provided,  that  this  act  shall  not  be  in 
effect  as  to  the  lakes  herein  named  which  lie  partly  in  the  state  of  Oregon, 
until  a  similar  cession  has  been  made  by  that  state. 

LAND  CLAIMS— SPANISH. 

To  provide  for  the  preservation  of  the  Spanish  archives,  title  papers  of  land 
claims,  and  records  relating  thereto,  in  the  custody  of  the  United  States 
surveyor-general  for  California. 

(Stats.  1865-6,  312,  ch.  CCLXXXL) 

§  1.  It  is  hereby  made  the  duty  of  the  secretary  of  state  of  California,  by 
and  with  the  consent  of  the  surveyor-general  of  the  United  States  for  Cali- 
fornia, to  cause  all  the  original  Spanish  title  papers  relating  to  land  claims 


620  SPANISH     LAND     CLAIMS — LANDS,     CE:DING. 

in  this  state,  derived  from  the  Spanish  or  Mexican  governments,  and  now 
on  file  in  the  archives  in  the  custody  of  the  said  surveyor-general,  to  be  per- 
petuated and  authenticated  in  the  manner  hereinafter  provided. 

§  2.  All  original  grants  and  documents  in  the  Spanish  language,  relating 
to  the  title  of  lands  in  this  state,  with  accurate  translations  thereof,  shall  be 
carefully  engrossed  in  suitable  books,  to  be  provided  for  that  purpose. 

§  3.  There  shall  be  carefully  prepared  a  duplicate  copy  of  said  records 
and  translations  for  each  county  in  the  state  of  all  titles  to  land  claims  within 
the  limits  of  said  county,  which  copy  shall  be  placed  in  the  custody  of  the 
county  recorder  thereof,  and  be  and  become  a  part  of  the  public  records  of 
such  county. 

§  4.  The  execution  of  the  work  called  for  in  section  two  of  this  act  shall 
be  under  the  supervision  of  Rufus  C.  Hopkins,  keeper  of  archives  in  the  office 
of  said  surveyor-general. 

§  5.  These  records  shall  in  each  case  be  authenticated  by  the  said  sur- 
veyor-general, under  his  seal  of  office,  and  the  said  translations  by  the  said 
keeper  of  archives,  under  his  oath,  and  thereafter  be  made  receivable  as  prima 
facie  evidence  in  all  the  courts  in  this  state,  with  like  force  and  effect  as  the 
originals,  and  without  proving  the  execution  of  such  originals. 

§  6.  The  sum  of  eight  thousand  dollars  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated  for  the  purpose  of 
paying  the  expenses  of  engrossing  and  translating  the  said  Spanish  records 
and  translations  provided  for  in  this  act,  and  the  controller  of  state  is  hereby 
authorized  and  directed  to  draw  his  warrants  for  portions  of  said  sum  from 
time  to  time,  as  they  shall  become  due,  upon  the  certificate  of  said  keeper 
of  archives,  approved  by  the  secretary  of  state,  and  the  treasurer  of  state 
is  hereby  authorized  and  directed  to  pay  the  same  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated ;  provided,  that  the  cost  of  engross- 
ing shall  not  exceed,  per  folio,  the  charges  authorized  to  be  made  by  the 
recorder  of  the  county  of  San  Francisco  for  a  like  class  of  work,  and  the  cost 
of  translation  shall  not  exceed  that  now  allowed  for  translating  the  state  laws 
into  Spanish. 

See  tits.  Landmarks;  Mineral  Lands,  post. 

LANDS  OF  STATE— CEDING  TO  UNITED  STATES. 

Granting  certain  lands  to  the  United  States. 
(Stats.  1862,  552,  ch.  CCCCXXXII.) 

§  1.  All  lands  belonging  to  this  state,  and  situated  within  any  Indian 
reservation  belonging  to  the  United  States,  in  this  state,  are  hereby  granted 
to  the  United  States,  for  the  use  of  said  reservation;  provided,  that  nothing 
herein  contained  shall  be  construed  to  affect  in  any  manner  the  rights  of 
parties  who  have  taken  up  or  purchased  any  such  lands  belonging  to  the  state, 
whether  patents  have  issued  therefor  or  not. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

See  next  two  following  statutes. 


CEDING   LANDS    OF    STATE — CERTIFICATES.  821 

LANDS  OF  STATE— CEDING  TO  UNITED  STATES. 

Ceding  to  the  United  States  of  America  jurisdiction  over  lands  in  this  state 

ceded  to  the  United  States. 
(Stats.  1891,  262,  ch.  CLXXXI.) 

§  1.  The  state  of  California  hereby  cedes  to  the  United  States  of  America 
exclusive  jurisdiction  over  sueh  piece  or  parcel  of  land  as  may  have  been  or 
may  be  hereafter  ceded  or  conveyed  to  the  United  States,  during  the  time  the 
United  States  shall  be  or  remain  the  owner  thereof,  for  all  purposes  except 
the  administration  of  the  criminal  laws  of  this  state  and  the  service  of  civil 
process  therein. 

§  2.     This  act  shall  take  effect  immediately. 

LANDS  OF  STATE— CEDING  TO  UNITED  STATES. 

Ceding  to  the  United  States  of  America  jurisdiction  over  all  lands  within  this 
state  which  have  been  or  may  hereafter  be  acquired  by  the  United  States 
for  military  purposes. 

(Stats.  1897,  51,  ch.  LVI.) 

§  1.  The  state  of  California  hereby  cedes  to  the  United  States  of  America 
exclusive  jurisdiction  over  all  lands  within  this  state  now  held,  occupied,  or 
reserved  by  the  government  of  the  United  States  for  military  purposes  or| 
defense,  or  which  may  hereafter  be  ceded  or  conveyed  to  said  United  States' 
for  such  purposes ;  provided,  that  a  sufficient  description  by  metes  and  bounds 
and  a  map  or  plat  of  such  lands  be  filed  in  the  proper  office  of  record  in  the; 
county  in  which  the  same  are  situated;  and  provided  further,  that  this  state 
reserves  the  right  to  serve  and  execute  on  said  lands  all  civil  process,  not 
incompatible  with  this  cession,  and  such  criminal  process  as  may  lawfully, 
issue  under  the  authority  of  this  state  against  any  person  or  persons  charged 
with  crimes  committed  without  said  lands. 

§  2.     This  act  shall  take  effect  immediately. 

LANDS  OF  STATE— CERTIFICATES. 

Respecting  the  payment  in  full  by  holders  of  certificates  of  purchase  for  lands 
sold  by  the  state  of  California  prior  to  March  twenty-seventh,  eighteen 
hundred  and  seventy-two,  and  for  which  the  said  state  has  at  any  time 
heretofore  issued  certificates  of  purchase  to  subsequent  purchasers. 

(Stats.  1889,  428,  ch.  CCLXXVIII.) 

§  1.  Whenever  application  has  been  made  to  purchase  land  from  this  state, 
and  payment  only  in  part  has  been  made  to  the  treasurer  of  the  proper  county 
for  the  same,  and  a  certificate  of  purchase  has  been  issued  to  the  applicant 
prior  to  the  twenty-seventh  day  of  March,  eighteen  hundred  and  seventy-two, 
and  whenever  such  applicant,  his  assignee  or  assignees,  shall  have  failed  for 
five  years  to  pay  to  the  state  the  arrears  of  principal  or  of  interest  due  to  the 
state  for  said  land,  and  the  state  shall  at  any  time  heretofore  have  issued  a 
certificate  of  purchase  for  the  same  land,  or  any  part  thereof,  to  a  subse- 
quent purchaser,  then,  unless  the  holder  or  holders  of  such  prior  certificate 


C23  STATE     LANDS — COMMISSIONERS. 

shall  pay  the  entire  residue  of  the  interest  remaining  unpaid  for  such  purchase 
within  six  months  from  and  after  the  passage  of  this  act,  such  holder  or  holders 
shall  be  deemed  to  have  lost  all  right  to  the  land  described  in  said  certificate, 
or  to  complete  the  purchase  of  such  land,  and  all  moneys  heretofore  paid  to 
the  state  of  California  on  such  purchase  shall  be  deemed  and  taken  to  be  for- 
feited to  the  state.  Nothing  herein  contained,  however,  shall  be  deemed  or 
taken  to  give  to  or  confer  upon  the  holder  or  holders  of  such  prior  certificates, 
or  any  of  them,  as  against  the  state  of  California,  or  any  subsequent  purchasers 
therefrom,  or  against  the  holders  of  subsequent  certificates  of  purchase,  any 
other  or  greater  right  to  the  lands  herein  referred  to  than  is  now  held  by  the 
holder  or  holders  of  such  prior  certificates,  or  to  confer  upon  such  holder  or 
holders  any  new  right,  or  to  affect  or  impair  the  rights  of  such  subsequent 
purchasers  or  their  assigns. 

§  2.  The  mere  fact  of  previous  part  payment  shall  not  of  itself  confer  on 
such  prior  purchaser  or  his  assigns  any  right  to  complete  the  purchase,  if  he 
or  they  be  not  otherwise  entitled  so  to  do,  as  against  the  state,  and  a  subse- 
(juent  purchaser  or  his  assigns;  provided,  that  this  act  shall  not  apply  to  any 
action  now  pending  commenced  within  five  years. 

§  3.     This  act  shall  take  effect  from  and  after  the  date  of  its  passage. 

Ab  to  the  Act  of  1873,  587,  ch.  CCCCXVIII,  Duncan  vs.  Gardner,    46   Cal.    24,   26;  Upham 

amended  1877-8,  914,  ch.  DLXXII,  and  other  vs.     Hosking,     62     Cal.     250-259;     McCreery 

acts  validating  certificates,   see   Klauber  vs.  vs.    Fuller,   63   Cal.    30;   Gilson   vs.    Robinson, 

Higgins,   117   Cal.    451-465,   49   Pac.   Rep.   466.  68  Cal.   539,  544,  10  Pac.  Rep.  193;  People  ex 

Other  decislonH  under  that  statute  and  its  rel.    Lynch    vs.    Martz,    74    Cal.    110,    112,    15 

amendment   of   1877-8,    914,   are   as    follows:  Pac.  Rep.  449. 

LANDS  OF  STATE— COMMISSIONERS. 

To  abolish  the  state  board  of  tide-land  commissioners,  and  to  repeal  sections 
three  hundred  and  sixty-five  and  six  hundred  and  ninety-eight  of  the 
Political  Code, 
(Stats.  1875-6,  amendments,  ch.  XLIX,  Code  Amdts.  (Pol.  Code  pt.),  15.) 
§  1.     The  state  board  of  tide-land  commissioners  is  hereby  abolished. 
§  2.     All  books,  maps,   papers,   and  documents  belonging  to  the   archives 
of  said  board,  and  all  other  property  of  the  state  under  its  custody  or  control, 
must  be  deposited  with  and  kept  and  preserved  by  the  surveyor-general  of  the 
state. 

§  3.  Sections  three  hundred  and  sixty-five  and  six  hundred  and  ninety- 
eight  of  the  Political  Code  are  hereby  repealed. 

§4.  An  act  entitled  "An  act  supplementary  to  and  amendatory  of  an  act 
supplementary  to  and  amendatory  of  an  act  entitled  an  act  to  survey  and  dis- 
pose of  certain  salt-marsh  and  tide  lands  belonging  to  the  state  of  California, 
approved  March  thirtieth,  eighteen  hundred  and  sixty-eight,  also  an  act  ap- 
proved April  first,  eighteen  hundred  and  seventy,"  approved  March  thirtieth, 
eighteen  hundred  and  seventy-four,  is  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Board   of  Tlde-T>and   Comuils^iloners. — For  541,  ch.   CCCLXXXVIII;   and   1873-4,   S58.   ch. 

the  purpose  of  surveying  certain  salt-marsh  DCXI. 

and  tide  lands  of  the  state  a  board  of  tide-  This    Is    understood    to    be    the    legislation 

land    commissioners    was    created    by    Stats.  repealed  by  the  foregoing  statute. 

1867-8,    716,    ch.    DXLIII,    amended    1869-70,  Seetion  3488  of  the  Political  Code,  as  orlg- 


STATE  LANDS — FORFEITURE — GOVERNMENT  CORNERS.  623 

inaJly  adopted,  contained  the  following  con-  That    section    has    been    amended    in    1889, 

eluding  clause:      "The   lands   mentioned  and  1891,  and  1901;  and  the  foregoing  clause  has 

described    in    an    act   to    survey   and    dispose  been   continued  in   the  section, 

of    certain    salt-marsh    and    tide    lands    be-  Also    see    note    tit.    Swamp-Land    Dintrlct 

longing  to  the  state  of  California,  approved  Funds,   post. 

March  thirtieth,  eighteen  hundred  and  By  Stats.  1875-6,  798,  ch.  DXXVII,  a  state 
sixty-eight,  and  in  the  act  supplementary  commission  to  examine  into  the  sale  and 
and  amendatory  thereto,  approved  April  disposal  of  state  lands  was  provided,  to 
first,  eighteen  hundred  and  seventy,  must  exist  for  one  year.  A  full  report  to  the  leg- 
be  disposed  of  as  in  such  acts  provided,  islature  was  required.  The  commission  was 
which  are  hereby  continued  in  force."  appointed. — Ball   vs.   Kenfleld,   55   Cal.   320. 

LANDS  OF  STATE— EXAMINATION. 

To  provide  for  an  examination  into  the  sale  and  disposal  of  state  lands. 
(Stats.  1875-6,  798,  ch.  DXXVII.) 

The  full  purposes  of  the  act  have  been  accomplished;  the  existence  of  the  commission 
was  limited  to  one  year. 

LANDS— FORFEIT  TO  STATE. 

Forfeiting  to  the  state  of  California  all  payments  for  state  lands  where  a 
fraudulent  title  was  sought  to  be  obtained  thereto. 

(Stats.  1905,  388,  ch.  CCCXXXII.) 

§  1.  "Whenever  it  shall  appear  by  final  decree  of  any  court  of  competent 
jurisdiction  that  title  to  any  lands  subject  to  sale  by  the  state  of  California 
was  obtained,  or  sought  to  be  obtained,  by  fraudulent  means,  or  in  any  man- 
ner contrary  to  the  laws  of  this  state  relating  to  the  acquisition  of  its  public 
domain,  all  payments  made  in  the  interest  of  said  fraudulent  title  shall  re- 
vert to  the  state  of  California  without  suit,  and  it  shall  thereupon  become 
the  duty  of  the  state  surveyor-general  and  ex  officio  register  of  the  state  land 
office  to  cancel  all  evidence  of  title  to  any  land  embraced  in  such  fraudulent 
or  invalid  location,  and  to  restore  said  land  to  public  entry. 

§  2.     This  act  shall  take  effect  from  and  after  the  date  of  its  passage. 

LANDS—GOVERNMENT  CORNERS. 

To  further  perpetuate  the  markings  of  the  government  survey. 
(Stats.  1905,  102,  ch.  CVIII.) 

§  1.  When  in  the  performance  of  his  official  duties  any  county  surveyor 
shall  find  a  government  corner  which  has  been  marked  by  any  government 
surveyor  by  placing  charcoal  in  the  ground,  or  by  a  wooden  stake,  earth 
mound,  or  other  perishable  monument,  it  shall  be  his  duty  to  re-mark  said 
corner  by  placing  therein  a  monument  of  heavily  galvanized  iron  pipe  or 
galviinized  iron  stake  not  less  than  two  inches  in  diameter  and  not  less  than 
two  feet  long,  or  other  monument  not  less  in  size  and  equally  imperishable. 

§  2.  All  such  monuments  located  in  public  highways  shall  be  placed  with 
the  top  not  less  than  twelve  inches  below  the  surface  of  the  ground,  but  when 
not  located  in  public  highways  they  shall  be  placed  with  the  top  six  inches 
above  the  surface  of  the  ground.  If  the  top  of  the  monument  is  placed  above 
the  ground,  it  shall  be  not  less  than  four  feet  long,  if  of  metal. 

§  3.  The  surveyor  shall  note  witness  objects  that  are  within  a  reasonable 
distance  of  any  corner,  and  state  distance  and  course  from  said  corner,  and 


624  STATE     LAJVDS — LEGALIZING     APPLICATION     FOR. 

record  the  same  in  a  properly  indexed  record  book  kept  in  the  county  sur- 
veyor's office,  which  shall  be  a  public  record. 

§  4.  All  boards  of  supervisors  are  required  to  furnish  all  necessary  pipes 
or  stakes  for  monuments  for  their  respective  counties  without  cost,  on  demand. 

LANDS  OF  STATE— LEGALIZING  APPLICATIONS. 

To  legalize  applications  heretofore  made  for  the  purchase  of  lands  belonging 
to  this  state,  and  to  confirm  the  title  of  the  purchasers  under  such  ap- 
plication. 

(Stats.  1871-2,  622,  ch.  CCCCXXV.) 

§  1.  All  applications  heretofore  made  for  the  purchase  of  lands  belonging 
to  this  state  under  the  provisions  of  any  act  authorizing  the  sale  of  state  lands, 
shall  be  good  and  valid,  although  the  land  described  in  such  application  and 
affidavit  may  be  styled  salt-marsh  and  tide  land,  when  in  fact  it  is  swamp 
and  overflowed  land;  or  may  be  styled  swamp  and  overflowed  land,  when 
in  fact  it  is  salt-marsh  and  tide  land;  or  may  be  styled  swamp  and  overflowed 
and  salt-marsh  and  tide  land,  when  in  fact  it  may  be  either.  And  the  appli- 
cation first  made  shall  have  the  preference  by  whatever  style  it  may  describe 
the  land;  provided,  the  same  shall  be  in  all  other  respects  substantially  con- 
formable to  law. 

§  2.  In  all  cases  where  patents  have  been  or  may  hereafter  be  issued  upon 
any  such  application  or  affidavits  as  described  in  section  one  of  this  act  for 
any  such  land,  the  same  shall  be  deemed  and  held  to  convey  the  legal  title 
to  the  land  in  such  patent  or  patents  described  to  the  purchaser  therein  men- 
tioned, by  whatever  style  such  land  may  be  designated  in  such  patent;  and 
the  state  of  California  does  hereby  grant  to  the  purchasers  named  in  such 
patents,  or  their  assigns  or  grantees,  in  case  the  title  has  been  transferred, 
all  its  right,  title,  and  interest  in  and  to  the  lands  in  such  patents  described. 

§  3.  The  provisions  of  this  act  shall  not  be  construed  to  recognize,  con- 
firm, or  validate  any  title  to  any  lands  lying  within  five  miles  of  the  city  and 
county  of  San  Francisco  or  of  the  city  of  Oakland,  or  within  one  and  a  half 
miles  of  the  state  prison  at  San  Quentin. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Johnson  vs.  Squires,  55  Cal.  103,  104;  Klauber  vs.  Higgins,  117  Cal.  451,  463,  49  Pac. 
Rep.   466. 

LANDS— STATE. 

For  the  relief  of  purchasers  of  state  lands. 
(Stats.  1871-2,  587,  ch.  CCCCXVIII;  amended  1877-8,  914,  ch.  DLXXII.) 

§  1.  "When  application  has  been  made  to  purchase  lands  from  this  state, 
and  payment  made  to  the  treasurer  of  any  county  of  this  state,  in  whole 
or  in  part,  and  a  certificate  of  purchase,  or  a  patent,  has  been  issued  to 
the  applicant,  the  title  of  the  state  to  said  lands  is  hereby  vested  in  said 
applicant,  or  his  assigns,  upon  his  making  full  payment  therefor;  provided, 
that  no  other  application  has  been  made  for  the  purchase  of  the  same  lands 
prior  to  the  issuance  of  said  certificate  of  purchase ;  provided  further,  that 


STATE     LANDS — RELIEF     FOR     PURCHASERS.  025 

this  act  shall  not  apply  to  school  lands,  except  to  the  amount  of  three  hun- 
dred and  twenty  acres  to  any  one  purchaser,  nor  shall  it  be  construed  to 
remedj^  any  defect  in  any  application,  or  the  issuing  of  any  certificate  other 
than  that  of  payment  in  the  wrong  county,  nor  otherwise  to  conflict  with  or 
limit  the  provision  of  the  act  hereby  amended.     [Amendment,  1877-8,  914.] 

§  2.  When  part  payment  only  has  been  made  for  lands  sold  by  this  state 
and  certificates  of  purchase  issued  for  the  same,  and  said  lands  have  been 
subsequently  sold  under  execution  and  a  sheriff's  deed  issued  therefor,  the 
register  of  the  state  land  office  is  hereby  directed  to  issue  to  the  grantee 
named  in  said  deed  or  to  his  assigns  a  patent  for  said  lands,  upon  his  produc- 
ing and  surrendering  said  sheriff's  deed  and  assignment,  if  any  there  be,  and 
making  full  payment  to  the  state  for  said  lands. 

§  3.  Whenever  the  state  has  issued  a  certificate  of  purchase  for  any  land 
sold  as  swamp  and  overflowed,  and  the  United  States  has  sold  and  issued  a 
patent  for  the  same  land,  and  the  title  of  the  United  States  is  held  and  owned 
by  the  purchaser  from  the  state  or  his  assigns,  or  where  the  land  so  purchased 
from  the  state  shall  prove  not  to  have  been  its  property,  the  amount  paid  to 
the  state  for  such  land  shall  be  refunded  to  such  purchaser  or  his  assigns, 
and  the  board  of  supervisors  of  the  county  in  which  the  land  is  situated  shall 
draw  a  warrant  on  the  treasurer  of  the  county  for  such  amount,  and  the  said 
treasurer  shall  pay  the  same  out  of  moneys  in  the  swamp-land  fund  of  the 
county  credited  to  such  purchaser. 

§  4.  The  provisions  of  this  act  shall  not  apply  to  any  lands  within  the 
county  of  San  Diego,  or  within  five  miles  of  the  city  and  county  of  San 
Francisco,  or  within  five  miles  of  the  city  of  Oakland,  or  within  one  and  a 
half  miles  of  the  state  prison  at  San  Quentin. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and.  after  its  passage. 

stats.     1871-2. — Duncan    vs.     Gardner,     46  Cal.   397,  398,  16   Pac.  Rep.   205;   Cucamong-a 

Cal.  24,  25;  Yoakum  vs.  Brower,  52  Cal.  373,  F.   L.   Co.  vs.  Moir,   83   Cal.   101,  106,   22  Pac. 

376;    Fletcher    vs.    Mower,    55    Cal.    119,    122;  Rep.    55,    23    Pac.    Rep.    359;    Heckmann    vs. 

Rowell  vs.  Perkins,   56  Cal.   219,   224;  Muller  Sweet,    99    Cal.    303,    308,    33    Pac.    Rep.    1099; 

vs.  Carey,   58  Cal.   539,   541;  Upham  vs.   Hos-  People  ex  rel.   Lynch  vs.   Harrison,   107   Cal. 

king-,   62   Cal.    250,   259;  McCreery  vs.    Fuller,  541,  547,  40  Pac.  Rep.  956;  Klauber  vs.  Hig- 

63  Cal.   30;  Gilson  vs.  Robinson,  68  Cal.   539,  gins,  117  Cal.   451.  464,   49  Pac.  Rep.  466. 
543,   10  Pac.   Rep.   193;   Cerf  vs.   Reichert,   73  Stat.s.  1877-8,  914.— Rowell  vs.   Perkins,  56 

Cal.  360,  363,  15  Pac.  Rep.  10;  People  ex  rel.  Cal.    219,    225;    Gilson    vs.    Robinson,    68    Cal. 

Lynch    vs.    Martz,    74    Cal.    110,    112,    15    Pac.  539,  544,  10  Pac.  Rep.  193. 
Rep.    449;    Baird    vs.    Board    Supervisors,    74 

LANDS— POSSESSORY  ACTIONS. 

Prescribing  the  mode   of  maintaining  and  defending  possessory   actions  on 

public  lands  in  this  state. 

(Stats.  1852,  158;  Stats.  Compiled  Laws  1850-53,  896,  ch.  CLXXXII;  amended 
1859,  94,  ch.  XCIX,  and  1861,  143,  ch.  CXLY.) 

§  1.  Any  person  now  occupying  and  settled  upon,  or  who  may  hereafter 
occupy  or  settle  upon  any  of  the  public  lands  in  this  state,  for  the  purpose 
of  cultivating  or  grazing  the  same,  may  commence  and  maintain  any  action 
for  interference  with,  or  injuries  done  to  his  or  her  possession  of  said  land, 
against  any  person  or  persons  so  interfering  with,  or  injuring  such  land  or 
possession;  provided,  that  if  the  lands  so  occupied  and  possessed,  contain 

Gen.  Laws — 40 


G2({  LANDS     OF     STATE — POSSESSORY     ACTIONS. 

mines  of  any  of  the  precious  metals,  the  possession  or  claim  of  the  person 
or  persons  occupying  the  same  for  the  purposes  aforesaid,  shall  not  preclude 
the  working  of  such  mines  by  any  person  or  persons  desiring  so  to  do  as 
fully  and  unreservedly  as  they  might  or  could  do  had  no  possession  or  claim 
been  made  for  grazing  or  agricultural  purposes. 

§  2.  Every  such  claim,  to  entitle  the  holder  to  maintain  any  action  as 
aforesaid,  shall  not  contain  more  than  one  hundred  and  sixty  acres,  and  the 
same  shall  be  marked  by  metes  and  bounds,  so  that  the  boundaries  may  be 
readily  traced,  and  the  extent  of  such  claim  easily  known,  and  no  person 
shall  be  entitled  to  maintain  any  such  action  for  possession  of  or  injury  to 
any  claim,  unless  he  or  she  occupy  the  same,  and  shall  have  complied  with 
the  provisions  of  the  third  and  fourth  sections  of  this  act. 

§  3.  Any  person  being  a  citizen  of  the  United  States,  claiming  any  of  the 
public  lands  in  this  state,  shall  file  in  the  office  of  the  recorder  of  the  county 
in  which  such  lands  are  situated,  his  affidavit,  setting  forth. 

First — That  his  or  her  lines  do  not  embrace  more  than  one  hundred  and 
sixty  acres  of  land. 

Second — That  he  or  she  holds  no  other  claim  under  this  act,  and  to  the  best 
of  his  or  her  knowledge  and  belief,  that  the  said  lands  are  not  claimed  under 
any  existing  title. 

Upon  the  filing  of  this  affidavit,  the  recorder  shall  proceed  to  record  said 
claim,  in  a  book  to  be  kept  in  his  office  for  that  purpose.  [Amendment, 
Stats.  1859,  94.] 

§  4.  Within  ninety  days  after  the  date  of  said  record,  the  party  recording 
is  hereby  required  to  improve  the  land  thus  recorded  to  the  value  of  two 
hundred  dollars,  by  putting  such  improvements  thereon  as  shall  partake  of 
the  realty,  unless  sjich  improvements  shall  have  been  made  prior  to  the  ap- 
plication to  record,  according  to  section  third,  and  unless  the  lands  are  in 
litigation  under  some  pretended  Mexican,  or  Spanish,  grant,  in  which  last- 
mentioned  case,  if  the  party  can  so  describe  the  land  claimed  by  him  as  to 
give  the  quarter  section,  or  fractional  section,  township,  and  range,  in  ac- 
cordance with  the  government  lines,  then  he  shall  have  ninety  days  after  the 
rejection  of  said  grant  to  make  the  required  improvements.  [Amendment, 
Stats.  1861,  143.] 

§  5.  At  any  time  after  the  provisions  of  the  second,  third,  and  fourth  sec- 
tions of  this  act  shall  have  been  complied  with,  the  party  so  complying  shall 
be  permitted  to  absent  himself  or  herself  from  such  claim  without  being  re- 
quired to  occupy  the  same  for  a  period  of  not  more  than  twelve  months; 
provided,  the  person  so  wishing  to  absent  himself  or  herself,  shall  first  pay 
to  the  treasurer  of  the  county  in  which  said  claim  shall  be  situated,  the  sum  of 
fifteen  dollars,  upon  which  payment  the  treasurer  shall  issue  a  receipt  for 
the  same;  at  any  time  within  twelve  months  after  the  date  thereof,  such  re- 
ceipt shall  be  received  as  prima  facie  evidence  of  possession,  in  any  court 
having  jurisdiction  in  such  cases,  for  the  recovery  of  the  possessory  right 
to,  or  injury  done  to  such  claim.  Any  person  absenting  himself  from  said 
claim  for  a  longer  period  than  sixty  days,  without  first  paying  the  sum  as 
provided  in  this  section,  shall  forever  forfeit  his  claim  to  the  lands.    One  half  of 


POSSESSORY      ACTIOIVS — PUBLIC      LANDS.  627 

the  amount  paid  to  any  county  treasurer  under  the  provisions  of  this  section, 
shall  be  paid  by  said  treasurer  into  the  general  fund  of  said  county,  and  the 
balance  in  the  state  treasury,  whenever  making  his  regular  settlements  with 
the  state  treasurer.  The  state  treasurer  shall  set  apart  and  retain  all  moneys 
received  from  such  source,  as  a  special  fund,  which  may  hereafter  be  appro- 
priated by  law,  for  the  maintenance  and  protection  of  the  insane. 

§  6.  On  the  trial  of  any  such  causes,  the  possession  or  possessory  right 
of  the  plaintiff  shall  be  considered  as  extending  to  the  boundaries  embraced 
by  the  claim  of  such  plaintiff,  so  as  to  enable  him  or  her,  according  to  section 
third,  to  have  and  maintain  any  action  as  aforesaid,  without  being  com- 
pelled to  prove  an  actual  inclosure. 

§  7.  All  the  right  and  benefits  given  to  settlers  on  public  lands  by  this  act, 
shall  extend  to  and  be  enjoyed  by  all  persons  who  shall  acquire  any  rights  of 
possession,  or  title,  by  the  provision  of  any  act  which  has  been,  or  may  here- 
after be  passed,  to  secure  a  pre-emption  right  to  the  overflowed  and  swamp 
or  school  lands  of  this  state. 

§  8.  The  provisions  of  this  act  shall  not  apply  to  any  lands  on  which  red- 
wood timber  grows,  south  of  thirty-eight  degrees  and  thirty  minutes.  "An 
act  describing  the  mode  of  maintaining  and  defending  possessory  actions  on 
land  belonging  to  the  United  States,"  passed  April  eleventh,  one  thousand 
eight  hundred  and  fifty,  is  hereby  repealed. 

Not   repealed   by   code. — That    the   forego-  Earlier   decisions    under    the    statute    aret 

ing  statute   was   not   repealed   by  the   codes,  Hughes  vs.   Hazard,   42   Cal.    149,    151;   Swee- 

see  Gray  vs.  Dixon,  74  Cal.  508,  16  Pac.  Rep.  ney   vs.    Rellly,    42    Cal.    402,    406;    Slaughter 

305;   Taylor  vs.  Abbott,  103  Cal.   421,  37  Pac.  vs.  Fowler,  44  Cal.  195,  200. 
Rep.  408. 

LANDS— PUBLIC. 

For  the  protection  of  pre-emption  and  homestead  claimants. 
(Stats.  1873-4,  543,  ch.  CCCLXXXI.) 

§  1.  Every  qualified  pre-emption  claimant  under  the  pre-emption  laws  of 
the  United  States,  residing  on  public  lands  of  the  United  States  within  this 
state,  who  shall  have  filed  his  declaratory  statement  in  accordance  with  said 
pre-emption  laws,  shall,  from  the  time  of  such  filing,  be  deemed  to  have  title 
to  and  to  be  in  possession  of  all  the  land  described  in  such  declaratory  statement, 
as  against  trespassers  and  all  persons  having  no  superior  right  or  title  to  the 
same,  as  long  as  he  shall  continue  to  reside  thereon,  and  to  comply  in  good 
faith  with  said  pre-emption  laws. 

§  2.  Every  qualified  homestead  claimant  under  the  homestead  laws  of  the 
United  States,  residing  on  public  land  of  the  United  States  within  this  state, 
who  shall  have  made  his  original  homestead  entry  in  accordance  with  said  laws, 
shall,  from  the  date  of  such  entry,  be  deemed  to  have  title  to  and  to  be  in  pos- 
session of  all  the  land  described  in  such  entry,  as  against  trespassers  and  all 
persons  having  no  superior  right  or  title  to  the  same,  as  long  as  he  shall  continue 
to  reside  thereon,  and  to  comply  in  good  faith  with  said  homestead  laws. 

§  3.  Nothing  in  this  act  shall  be  construed  to  either  restrict  or  enlarge  the 
right  of  bona  fide  miners  to  mine  for  precious  metals  on  the  public  domain. 


({28  PUBLIC    r,ANDS— SETTliEtlS     ON, 

or  to  change  any  general  or  special  laws  of  this  state  concerning  the  grazing 
of  animals  on  lands  not  fenced. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

"Whittaker  vs.  Pendola,  78  Cal.  296,  299,  20  Pac.  Rep.  680;  Kitts  vs.  Austin,  8S  Cal.  167, 
169,   23  Pac.  Rep.   290;  Wormouth  vs.   Gardner,  105  Cal.  149,  150,  3S  Pac.  Rep.  646. 

LANDS,  PUBLIC— SETTLERS. 

For  the  better  protection  of  settlers  on  public  lands  in  this  state,  and  to  secure 
the  rights  of  parties  in  certain  cases. 

(Stats.  1858,  345,  ch.  CCCLVIII.) 

§  1.  Any  party  heretofore  ousted,  or  who  may  be  hereafter  ousted,  from  the 
possession  of  any  land,  in  an  action  at  law,  by  any  party  claiming  title  thereto 
under  any  foreign  grant,  which  grant  shall  be  finally  rejected,  or  shall  be  finally 
located,  so  as  not  to  include  such  land,  shall,  and  may,  have  his  action  in  the 
proper  court,  against  the  party  in  whose  favor  the  w^rit  of  restitution  issued, 
and  against  the  party  in  possession,  to  recover  back  the  possession  of  any  such 
land,  with  the  rents,  and  profits  thereof,  from  the  time  he  was  so  ousted,  till 
he  shall  be  restored  to  the  possession  of  the  same,  together  with  all  costs  and 
damages  he  may  have  sustained  by  reason  of  said  action  of  ejectment,  as  pro- 
vided in  section  two  of  this  act. 

§  2.  In  any  such  action,  if  it  shall  appear  that  the  plaintiff  had  been  ousted 
by  writ  of  restitution  from  such  land  in  a  former  suit,  wherein  he  had  been 
defendant,  that  the  party  who  sued  out  such  writ  claimed  his  title  through  a 
foreign  grant,  and  that  such  grant  had  been  finally  rejected,  or  located  so  as  not 
to  include  such  land,  such  facts  shall  entitle  the  plaintiff  to  judgment  in  his 
favor,  and  a  writ  of  restitution  against  the  party  in  possession,  with  a  several 
judgment,  for  all  costs  and  damages  sustained  by  such  action  of  ejectment, 
against  the  party  by  whom  he  was  originally  ousted,  and  for  all  rents,  and 
profits,  against  each  of  the  defendants,  for  the  time  each  had  been  in  possession 
of  such  premises,  after  the  service  of  the  writ  of  restitution,  and  such  party 
plaintiff  shall  not  be  stopped  in  his  suit  by  reason  of  the  former  judgment 
against  him. 

A  former  act    (Stats.   1856,   54,   ch.  XLVII)  to  a  specific  subject,  and  does  not  fall  wlth- 

was    held    unconstitutional    in    several    de-  in   the    objections   made    to   the   act    of    1856. 

clsicns.  —  See    Anderson    vs.    Fisk,     36    Cal.  And  see  other  acts  herein  for  protection  of 

632,    633,    and   cases    there   cited.  settlers. — Stats.     1873-4,      327;     1873-4,     543; 

The  act  here  Inserted,  however,  is  limited  1887,    147,    and   next   following'   statute. 

LANDS,  PUBLIC— SETTLERS. 

For  the  better  protection  of  settlers  on  the  public  lands  of  the  United  States, 
within  the  state  of  California,  and  for  the  protection  and  encouragement  of 
persons  desirous  of  settling  thereon. 

(Stats.  1887,  147,  ch.  CXXVIII.) 

The      above-entitled      statute      has      been  Forcible    Entry    and    Detainer. — Statutes 

carried      into     the     Penal    Code     by     Stats.  upon    this    subject    were    superseded    by    the 

1905,    675. — See    KERR'S    CYC.    PEN.    CODE  Code    of    Civil    Procedure.  —  Hemstreet    vs. 

§  420.  Wassum,   49   Cal.   9. 


L.AJVDS     OF     STATE— SWAMP     LAXOS.  tt»9 

LANDS  OF  STATE— SWAMP. 

For  the  protection  of  settlers  on  public  lands  claimed  by  the  state. 
(Stats.  1873-4,  327,  ch.  CCXXII.) 

§  1,  From  and  after  the  passage  of  this  act,  no  claim  shall  be  made  by  the 
state  to  any  land  as  swamp  or  overflowed,  nor  shall  the  same  be  segregated  by 
authority  of  the  state,  for  which  pre-emption  or  homestead  patents  have  been 
issued  by  the  United  States,  or  upon  which  there  are  settlers,  occupying  the 
land  in  good  faith,  who  have  filed  their  pre-emption  or  homestead  declaratory 
statement ;  nor  shall  the  register  of  the  state  land  office  receive  any  application 
for  swamp  or  overflowed  land,  unless  the  application  be  accompanied  by  a 
certificate  from  the  register  of  the  United  States  land  office  for  the  district 
in  which  the  land  is  situated,  that  there  is  no  pre-emption  or  homestead  filing 
upon  the  land  sought  to  be  purchased. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Consult  KERR'S  CYC.  POL,.  CODE  §§3441-3443;  and  Fredericks  vs.  Zumwalt,  134  Cal. 
44,  46,  66  Pac.  Rep.  38. 

See    tit.    Drainage  —  S^namp-Lands,      Stats.    1903,  354,  ch.  CCLVIII. 

LANDS  OF  STATE— SWAMP. 

To  provide  for  the  proper  distribution,  in  the  several  county  treasuries,  of  funds 

arising  from  the  sale  of  swamp-lands. 

(Stats.  1873-4,  770,  ch.  DXXXIII.) 

§  1.  Whenever  hereafter  a  swamp-land  district  shall  be  organized,  and  in 
all  cases  where  districts  have  heretofore  been  organized,  the  board  of  super- 
visors of  each  county  in  which  any  portion  of  the  lands  of  such  district  are 
located,  shall,  upon  the  application  of  any  party  interested,  direct  the  auditor 
and  treasurer  to  set  apart  from  the  swamp-land  fund,  in  the  county  treasury, 
all  the  money  which  has  been  or  shall  hereafter  be  received  in  payment  of  prin- 
cipal and  interest  on  such  lands,  as  a  fund  to  the  credit  of  such  district,  except 
such  money  as  may  have  previously  been  expended  from  the  swamp-land  fund 
for  the  benefit  of  land  within  the  district. 

§  2.  The  money  in  the  district  fund,  created  by  section  one  of  this  act,  shall 
be  paid  out  only  for  the  purpose  of  reclaiming  said  land,  or  to  the  owners  of 
such  land  after  reclamation,  as  now  provided  by  law;  and  in  all  cases  where 
moneys  paid  in  upon  such  lands  have  been  diverted  to  the  use  and  benefit  of 
other  lands,  they  shall  be  replaced  out  of  the  first  receipt  from  the  land  so  bene- 
fited. In  all  cases  where  any  expense  has  been  paid  from  the  county  swamp-land 
fund  for  attorney's  fees  in  the  examination  of  the  character  of  any  land,  in  any 
reclamation  district,  or  when  any  expense  has  been  paid  from  the  county  swamp- 
land fund  pertaining  to  the  land  in  said  district,  the  county  treasurer  shall  de- 
duct said  amount  from  the  amount  otherwise  found  due  to  the  land  for  which 
said  expense  was  paid,  and  only  return  to  the  owner  of  the  land  so  much  of  the 
money  paid  into  the  treasury  on  said  land  as  shall  remain  after  deducting  the 
said  amount  paid  for  expense  pertaining  to  said  land. 

§  3.  This  act  shall  not  apply  to  districts  upon  which  controller's  warrants  are 
outstanding,  until  after  all  of  such  warrants  are  paid. 

County  Kings  vs.  County  Tulare,  119  Cal.  509,  513,  51  Pac.  Rep.  866;  Carpenter  vs.  San 
Francisco  Sav.  Union,   128  Cal.   516,   520,   61    Pac.  Rep.  92. 


030  SWAMP    AND    OVERFLOWED    LANDS— DISTRICT    FUNDS. 

LANDS— SWAMP  AND  OVERFLOWED. 

To  determine  that  lands  in  this  state  are  swamp  and  overflowed  when  returned 

as  such  by  the  United  States  surveyor-general; 

(Stats.  1891,  221,  ch.  CLVII.) 

§  1.  Lands  within  this  state  which  have  been  or  may  hereafter  be  returned 
by  the  United  States  surveyor-general  as  swamp  and  overflowed  lands,  and 
shown  as  such  on  approved  township  plats,  shall,  as  soon  as  patents  have  been 
or  may  be  issued  therefor  by  this  state,  be  held  to  be  of  the  character  so  returned ; 
provided,  however,  that  nothing  herein  contained  shall  be  construed  to  affect 
the  rights  of  any  homestead  or  pre-emption  settler  claiming  under  the  laws  of 
the  United  States,  nor  shall  it  affect  any  suit  now  pending  in  any  court  as  be- 
tween the  parties  thereto ;  provided,  that  nothing  contained  in  this  act  shall  be 
construed  to  prejudice  the  rights  of  any  settler  now  or  hereafter  located  upon 
said  lands  to  perfect  title  to  the  same,  if  permitted  under  existing  laws. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

As  to  BTvainp-land  and  reclamation  districts,  see  post  tit.  Levee  Districts  and  note. 

LANDS— SWAMP-LAND  DISTRICT   FUNDS. 

Providing  for  the  payment  of  all  moneys  in  the  state  treasury  to  the  credit  of 
swamp-land  district  funds,  to  the  treasuries  of  the  counties  wherein  the 
said  swamp-land  districts  are  situated,  and  to  provide  for  the  control  of 
the  same  by  the  auditor  and  treasurer  of  said  counties;  and  prescribing  the 
duties  of  the  controller  and  treasurer  in  relation  thereto. 

(Stats.  1891,  243,  ch.  CLXIX.) 

§  1.  Within  three  months  after  the  passage  of  this  act,  the  controller  shall 
draw  his  warrant  on  the  treasurer  for  the  amount  to  the  credit  of  each  swamp- 
land district  fund,  as  shoA\Ti  by  his  books,  in  favor  of  the  county  treasurer  of 
the  county  wherein  said  swamp-land  district  is  situated,  and  the  state  treasurer 
shall  pay  the  same.  And  any  moneys  which  may  hereafter  be  due  or  payable 
from  any  of  said  swamp-land  districts  to  the  state  treasury  shall  be  paid  into 
the  treasury  of  the  proper  county,  to  the  credit  of  the  proper  swamp-land  dis- 
trict fund. 

§  2.  Immediately  after  drawing  his  warrant  in  favor  of  the  respective  county 
treasurers,  the  controller  shall  notify  the  proper  county  auditor  of  the  same, 
stating  the  amount  of  the  order,  and  the  auditor  shall  charge  the  same  to  the 
treasurer,  and  the  money  shall  be  subject,  under  those  officers,  to  demands  such 
as  are  now  by  law  made  upon  the  controller,  and  shall  be  paid  by  the  county 
treasurer  in  like  manner  as  the  same  are  now  paid  by  the  state  treasurer. 

§  3.  In  all  cases  wherein  a  swamp-land  district  comprises  territory  made  up 
of  portions  of  two  or  more  counties,  the  controller  may  draw  his  warrant  in 
favor  of  any  one  of  said  county  treasurers,  and  the  auditor  of  that  county  shall 
apportion  said  money  to  the  several  counties  containing  any  of  the  lands  of  said 
swamp-land  district,  proportionate  to  the  acreage  of  each  county  in  said  district, 
and  shall  notify  the  auditor  and  treasurer  of  the  several  counties  interested, 
draw  his  warrant  for  the  amount  due  each  county,  and  the  treasurer  shall  pay 
the  same.     And  the  auditor  and  treasurer  of  the  proper  counties  shall  credit 


STATE     LANDS — SCHOOL,     ^VARRANTS.  631 

said  moneys  and  dispose  of  them,  [the  same]  as  are  now  provided  for  moneys  paid 
from  the  state  treasury. 

§  4.     This  act  shall  take  effect  immediately. 

County  Kings  vs.   County  Tulare,  119  Cal.  portant,  character.     They  are  too  numerous 

509,    514,   51   Pac.   Rep.    866.  to  permit  of  being  embodied  in  this  work. 

Svtanip-lands. — There   are   numerous   stat-  The   general    subject    is    now    embraced    in 

utes    in    relation    to    swamp-lands    and    salt-  the  Political  Code.     See  KERR'S  CVC.  POL. 

marsh  and  tide  lands  of  a  local,  though  im-  CODE,  "Public  Lands." 

LANDS  OF  STATE— SCHOOL  WARRANTS. 

Providing  for  the  presentation  and  cancelation  of  unlocated  school-land  v^ar- 
rants  of  the  state  of  California,  issued  under  the  act  of  the  state  of  Califor- 
nia, approved  May  third,  eighteen  hundred  and  fifty-two,  providing  for  the 
disposal  of  the  five  hundred  thousand  acres  of  land  donated  to  the  state  of 
California  by  the  government  of  the  United  States,  and  authorizing  the 
controller  of  this  state  to  draw  his  warrant  on  the  state  treasurer  for  the 
sum  of  two  dollars  per  acre,  in  favor  of  any  bona  fide  owner  and  holder  of 
any  such  land  warrant,  for  every  acre  represented  by  any  such  land 
warrant.  ^g^^^    ^g^^^  ^g^^  ^^   ^^^  ^ 

§  1.  It  is  hereby  enacted  that  each  and  every  bona  fide  owner  and  holder  of 
any  unlocated  school-land  warrant  or  warrants  of  the  state  of  California,  issued 
under  and  by  virtue  of  the  act  of  the  legislature  of  the  state  of  California,  ap- 
proved May  third,  eighteen  hundred  and  fifty-two,  providing  for  the  disposal  of 
the  five  hundred  thousand  acres  of  land  donated  to  the  state  of  California  by 
the  government  of  the  United  States,  shall  be  and  is  entitled  to  a  warrant  upon 
the  state  treasurer  of  this  state  for  the  sum  of  two  dollars  per  acre  for  every  acre 
of  land  provided  for  by  any  such  school-land  warrant ;  and  the  controller  of  the 
state,  upon  the  presentation  to  him  of  any  such  warrant,  is  hereby  authorized  to 
draw  his  warrant  on  the  state  treasurer,  payable  out  of  the  fund  into  which  the 
purchase  price  of  such  school-land  warrant  was  deposited,  in  favor  of  any  such 
o\^Tier  and  holder  of  any  such  school-land  warrant,  for  such  sum  as  is  herein 
provided  for;  provided,  that  before  the  receipt  of  said  controller's  warrant  any 
such  person  presenting  any  such  school-land  warrant  shall  surrender  to  said 
controller  his  warrant  for  cancelation,  and  shall,  at  the  same  time  file  with  the 
controller  his  or  her  written  release  of  all  claims  and  demands  against  the  state 
of  California,  from  any  matter  or  thing  growing  out  of  or  in  any  manner  con- 
nected with  any  such  land  warrant  so  redeemed. 

§  2.  The  provisions  of  section  six  hundred  and  seventy-two  of  the  Political 
Code  of  this  state  are  hereby  declared  and  made  non-applicable  to  the  provisions 
of  this  act. 

§  3.     This  act  shall  take  effect  immediately. 

A  similar  statute  and  for  the  same  purpose  was  enacted  1S89,  434,  ch.  CCLXXXI. 

LANDS  OF  STATE— UNCOVERED  LAKES,  ETC. 

Regulating  the  sale  of  the  lands  uncovered  by  the  recession  or  drainage  of  the 
waters  of  inland  lakes,  and  unsegregated  swamp  and  overflowed  lands,  and 
validating  sales  and  surveys  heretofore  made. 

(Stats.  1893,  341,  ch.  CCXXIX;  amended  1899,  182,  ch.  CXLIX.) 


632  STATE    LANDS— UNCOVERED    LAKE     LANDS. 

§  1.  Any  person  desiring  to  purchase  any  of  the  lands  uncovered  by  the  re- 
cession or  drainage  of  the  waters  of  inland  lakes,  and  inuring  to  the  state  by 
virtue  of  her  sovereignty,  or  the  swamp  and  overflowed  lands  not  segregated  by 
the  United  States,  shall  make  an  application  therefor  to  the  surveyor-general 
of  the  state,  which  application  shall  be  accompanied  by  applicant's  affidavit 
that  he  is  a  citizen  of  the  United  States,  or  has  declared  his  intention  to  become 
such,  a  resident  of  this  state,  of  lawful  age,  that  he  desires  to  purchase  such  lands 
(describing  the  same  by  legal  subdivisions,  or  by  metes  and  bounds  if  the  legal 
subdivisions  are  unknown)  under  the  provisions  of  this  act;  that  he  desires  to 
purchase  the  same  for  his  own  use  and  benefit,  and  for  the  use  and  benefit  of  no 
other  person  or  persons  whomsoever,  and  that  he  has  made  no  contract  or  agree- 
ment to  sell  the  same,  and  that  he  does  not  own  any  state  lands  which,  together 
with  that  now  sought  to  be  purchased,  exceeds  six  hundred  and  forty  acres. 

§  2.  Upon  the  filing  of  said  application,  when  the  land  has  not  been  section- 
ized,  the  surveyor-general  shall  authorize  the  county  surveyor  of  the  county 
where  the  whole  or  the  greater  portion  of  the  land  lies  to  survey  the  same,  who 
shall  make  an  actual  survey  thereof,  at  the  expense  of  the  applicant,  establishing 
four  corners  to  each  quarter  section,  and  connecting  the  same  with  a  United 
States  survey ;  and  he  must,  within  thirty  days,  file  with  the  surveyor-general  a 
copy,  under  oath,  of  his  field-notes  and  plat,  and  a  statement,  under  oath,  show- 
ing whether  or  not  the  land  is  occupied  by  any  actual  settler. 

§  3.  If  the  surveyor  thus  authorized  shall  fail  to  make  his  return  to  the 
surveyor-general  within  the  time  specified  in  the  preceding  section,  the  surveyor- 
general  may  designate  another  person  to  make  the  said  survey. 

§  4.  No  application  to  purchase  land  under  this  act  shall  be  approved  by  the 
surveyor-general  until  the  expiration  of  ninety  days  from  the  filing  thereof  in 
his  office,  and  meanwhile  the  land  shall  be  subject  to  the  adverse  claim  of  any 
actual  settler  who  has  resided  thereon  when  the  said  application  was  filed. 

§  5.  The  lands  designated  in  this  act  shall  be  sold  and  patented  at  the  price 
of  two  dollars  and  fifty  cents  per  acre  and  on  the  same  terms  and  manner  of 
payment  as  at  present  provided  for  swamp  and  overflowed  lands.  All  moneys 
received  for  said  lands  shall  be  paid  into  the  swamp-land  fund  of  the  county  in 
which  the  lands  are  situated,  and  shall  be  treated  and  disposed  of  in  the  same 
manner  as  moneys  arising  from  the  sale  of  segregated  swamp  and  overflow  lands, 
and  all  moneys  heretofore  received  for  the  sale  of  such  lands,  and  remaining  in 
the  treasury,  shall  be  subject  to  the  same  provisions  of  law.  If  any  of  the  lands 
described  in  this  act  are  suitable  for  cultivation  without  reclamation,  such  lands 
shall  be  sold  only  to  actual  settlers  in  tracts  not  exceeding  one  hundred  and 
sixty  acres.     [Amendment,  Stats.  1899,  182.] 

§  6.  Any  of  the  lands  designated  in  this  act  which  by  reason  of  periodical 
overflow,  need  and  are  susceptible  of  reclamation  may  be  reclaimed  by  the  form- 
ation of  districts  in  the  same  manner  and  subject  to  all  of  the  provisions  of 
law  regulating  the  reclamation  of  swamp  and  overflowed  lands ;  provided,  that 
the  board  of  supervisors  of  the  county  in  which  the  lands,  or  the  greater  part 
thereof,  are  situated  must  first  determine,  upon  proper  petition  presented  there- 
for, by  the  holders  of  the  title,  or  evidence  of  title,  representing  one  half  or  more 
of  any  body  of  such  land,  that  such  reclamation  is  necessary  and  feasible. 


STATE    LAJVDS — POWERS     AND     DUTIES     OF     OFFICERS.  633 

§  7.  "When  land  has  been  sold  under  this  act,  no  contest  shall  be  maintained 
against  the  purchaser  on  the  ground  that  the  land  is  not  of  the  character  stated 
in  the  application,  unless  it  is  shown  that  it  is  not  of  the  character  recited  in 
section  one  of  this  act. 

§  8.  All  uncanceled  certificates  of  purchase  and  patents  heretofore  issued  and 
payments  heretofore  made  for  any  lands  as  swamp  and  overflowed  lands  which 
lands  belong  to  any  of  the  classes  described  in  section  one  of  this  act,  whether 
or  not  such  lands  were  segregated  or  sectionized,  shall,  for  all  purposes,  be  valid 
and  shall  have  the  same  force  and  effect  as  if  such  lands  had  been  at  all  times 
subject  to  sale  as  swamp  and  overflowed  lands ;  provided,  however,  that  any  and 
all  contests  now  existing  between  settlers  and  holders  of  certificates  of  purchase 
shall  not  be  affected  by  the  provisions  of  this  act. 

§  9.  All  plats  of  any  of  the  lands  described  in  section  one  of  this  act  which 
have  been  heretofore  made  under  authority  of  the  United  States  surveyor-gen- 
eral, and  which  plats  designate  the  same  as  swamp  and  overflowed  lands,  shall 
be  deemed  valid  and  effectual  as  surveys  of  such  lands  from  and  after  the  date 
thereof. 

§  10.     This  act  shall  take  effect  from  and  after  its  passage. 

stats.  1893,  341. — Sherman  vs.  V^rinkle,  Cal.  491,  492,  69  Pac.  148;  McCord  vs. 
121  Cal.  503,  505,  53  Pac.  Rep.  1090,  54  Slavin,  143  Cal.  325,  326-328,  76  Pac.  Rep. 
Pac.     Rep.     270;     Wrinkle    vs.     Wright,     136        1104. 

LANDS  OF  STATE. 

To  provide  for  the  management  and  sale  of  the  lands  belonging  to  the  state. 

(Stats.  1867-8,  507,  ch.  CCCCXV;  amended,  1869-70,  14,  ch.  XV;  1869-70,  814, 
eh.  DXLVI;  1869-70,  875,  ch.  DLXXIII;  1871-2,  383,  ch.  CCLXXIX; 
1871-2,  668,  ch.  CCCCXLIX;  1871-2,  685,  ch.  CCCCLVII;  1871-2,  858, 
ch.  DLXXIX.  And  see  supplementary  statute,  1869-70,  878,  ch.  DLXXV, 
following  this  statute;  and  post  tits.  Mining;  Mineral  Lands.) 

PART  I.— GENERAL  POWERS  AND  DUTIES  OF  OFFICERS. 

§  1.  For  the  purpose  of  managing  and  selling  any  lands,  the  title  of  which 
is  now  or  may  hereafter  be  vested  in  the  state  by  reason  of  any  grant  from  the 
United  States,  or  to  which  the  state  is  or  may  be  entitled  by  virtue  of  her  sov- 
ereignty, an  office  shall  be  established  at  the  seat  of  government,  to  be  designated 
and  known  as  the  state  land  office  of  the  state  of  California,  the  chief  officer  of 
which  shall  be  known  and  designated  by  the  title  of  register  of  the  state  land 
office,  and  his  duties  shall  be  such  as  may  be  prescribed  by  law. 

§  2.  The  surveyor-general  of  the  state  shall  be  ex  officio  register  until  other- 
wise provided  by  law ;  and  the  said  surveyor-general  and  register  shall  have  the 
power  to  appoint  a  deputy,  who  may,  when  necessary,  perform  all  the  duties 
pertaining  to  the  two  offices;  but  said  deputy  shall  receive  no  compensation  as 
such  [deputy]  ;  provided,  that  the  surveyor-general  shall  have  power  to  appoint 
any  number  of  deputies  necessary  to  perform  all  the  field-work  required  by  law, 
and  shall  have  the  right  to  exact  bonds  of  such  deputies. 

§  3.  It  shall  be  the  duty  of  the  said  register  to  keep  separate,  distinct  and 
complete  account  and  records  in  relation  to  each  class  of  lands  to  which  the 
state  is  or  may  be  entitled ;  which  accounts  and  records  shall  show  the  number  of 


^34  OFFICERS — REGISTER — FINAL,     PAYMENT. 

the  survey  or  location,  the  date  of  the  approval,  the  name  of  the  locator,  the  de- 
scription of  the  lands,  by  township,  range,  section,  and  subdivision  of  section; 
the  price  per  acre  at  which  the  same  are  sold,  the  amount  paid,  the  date  of  said 
payment,  the  number  and  date  of  the  certificate  of  purchase,  and  the  date  of  the 
patent  when  the  same  shall  have  been  issued.  He  shall  also  keep  the  proper 
plats  of  the  above-named  lands,  upon  which  all  approved  locations  and  surveys 
shall  be  designated  by  their  numbers;  and  when  certificates  of  purchase  or 
patents  shall  have  been  issued,  the  same  shall  also  be  noted  on  the  plats.  But  so 
long  as  the  surveyor-general  performs  the  duties  of  register,  but  one  set  of  maps 
shall  be  required. 

§  4.  Whenever  the  register  shall  receive  from  the  county  treasurer  of  the 
proper  county  a  statement  showing  that  any  applicant  for  any  state  lands  has 
made  the  first  payment  of  principal  and  interest,  as  hereinafter  provided,  he 
shall  issue  to  the  person  or  persons  entitled  thereto  a  certificate  of  purchase, 
which  shall  show  the  class  of  land  purchased,  the  number  of  acres,  the  price  per 
acre,  the  date  of  payment,  the  date  from  which  interest  shall  be  computed,  the 
amount  paid,  and  the  amount  remaining  unpaid;  which  certificate,  and  all  cer- 
tificates of  purchase  issued  by  authority  of  the  board  of  regents  of  the  Univer- 
sity of  the  State  of  California,  shall  be  received  in  any  court  of  justice  in  this 
state  as  prima  facie  evidence  of  title.     [Amendment,  Stats.  1871-2,  685.) 

§  5.     Whenever  final  payment  shall  have  been  made  for  any  tract  of  land  sold 
by  authority  of  the  state,  the  selection  of  which  shall  have  been  duly  accepted 
and  approved  by  the  proper  United  States  authorities,  or  when  the  tract  so 
finally  paid  for  or  reclaimed  as  hereinafter  provided,  shall  be  swamp  and  over- 
flowed, salt-marsh  or  tide  lands,  it  shall  be  the  duty  of  the  register  of  the  state 
land  office,  upon  the  surrender  of  the  certificate  of  purchase  by  the  person  or 
persons  entitled  to  the  same,  to  prepare  a  patent  for  said  land,  and  send  the 
same  to  the  governor,  together  with  a  certificate  under  his  official  seal,  certifying 
that  the  laws  in  relation  thereto  have  been  fully  complied  with,  that  payment  in 
full  has  been  made  to  the  state,  and  that  the  party  named  in  the  said  prepared 
patent  is  entitled  to  the  same ;  the  patent  shall  then  be  signed  by  the  governor, 
attested  by  the  secretary  of  state,  sealed  with  the  great  seal  of  the  state  and 
countersigned  by  the  register  of  the  state  land  office;  provided,  that  no  patent 
shall  issue  until  after  the  expiration  of  one  year  from  the  date  of  approval  of 
the  survey  or  location  by  the  surveyor-general,  and  the  lands  shall  have  been 
relinquished  to  the  state  by  authority  of  the  general  land  office  at  AA^'ashington ; 
provided,  further,  that  such  relinquishment  shall  not  be  required  for  locations 
of  the  sixteenth  and  thirty-sixth  sections  in  place,  or  for  swamp  and  overflowed 
lands,  shown  to  be  such  by  the  official  surveys  made  by  authority  of  the  United 
States  surveyor-general.     The  register  of  the  state  land  office  shall  record  all 
patents  in  books  to  be  kept  in  his  office  for  that  purpose,  and  shall  then  forward 
or  deliver  the  same  to  the  owners  of  the  land  or  their  agents.     [Amendment, 
Stats.  1869-70,  814.] 

§  6.  The  register  of  the  state  land  office  shall,  on  or  before  the  first  day  of 
May  of  each  year,  prepare  and  forward  to  the  district  attorney  of  each  county 
a  statement  embracing  all  the  lands  in  the  county  upon  which  payments  have 
not  been  made  according  to  law.  Said  statement  shall  show  the  name  of  the 
purchaser,  the  number  and  date  of  the  survey  or  location  and  of  the  certificate 


REGISTER'S      SALARY— SURVEYOR-GENERAL'S     DUTIES.  635 

of  purchase,  the  amount  paid,  the  amount  unpaid  and  the  amount  then  due ;  pro- 
vided, that  no  lands  within  any  reclamation  district  shall  be  embraced  in  said 
statement  after  the  receipt  by  the  register  of  the  certificate  of  the  board  of 
supervisors,  as  provided  in  section  forty  of  this  act,  that  works  of  reclamation 
have  been  commenced. 

§  7.  The  register  of  the  state  land  office  shall  have  a  seal  of  office,  which  he 
shall  affix  to  all  certificates  issued  by  him ;  and  any  copy  or  extract  of  any  docu- 
ment, paper  or  record  belonging  to  his  office,  duly  authenticated  by  him  under 
his  hand  and  seal,  shall  be  received  in  evidence  in  all  the  courts  of  justice  in  this 
state,  in  place  of,  and  have  the  same  force  and  effect,  as  the  originals  if  produced. 

§  8.  The  register  of  the  state  land  office  shall  receive  a  salary  of  two  thousand 
dollars  per  annum,  payable  the  same  as  other  state  officers  are  paid,  and  he  shall 
be  entitled  to  demand  and  receive  the  following  fees:  For  each  certificate  of 
purchase,  duplicate  or  patent,  three  dollars;  for  certifying  a  contested  case  to 
district  court,  ten  dollars;  for  copies  of  papers  in  his  office,  fifteen  cents  per 
folio  and  fifty  cents  for  the  certificate  with  the  seal  attached,  and  such  other 
fees  as  may  be  allowed  by  law.  All  fees  received  by  the  register  shall  be  dis- 
posed of  as  provided  in  section  fifty-five  of  this  act.  [Amendment,  Stats. 
1869-70,  875.] 

§  9.  The  said  register  shall  have  the  right  to  employ  two  clerks  at  an  aggre- 
gate salary  of  three  hundred  dollars  per  month,  to  be  paid  in  like  manner  as 
other  clerks  in  state  departments. 

§  10.  It  shall  be  the  duty  of  the  surveyor-general  to  examine  all  surveys  made 
under  the  provisions  of  this  act,  and,  if  found  correct,  approve  and  return  the 
same  without  delay  to  the  county  surveyor  making  the  same. 

§  11.  The  said  surveyor-general  shall  be  and  is  hereby  constituted  the  agent 
of  the  state  for  the  location  in  the  several  United  States  land  offices  of  the  unsold 
portion  of  the  five  hundred  thousand  acres  of  land  granted  to  the  state  for 
school  purposes,  the  unsold  portion  of  the  seventy-two  sections  granted  to  the 
state  for  a  seminary  of  learning,  the  unsold  portion  of  the  ten  sections  granted 
to  the  state  for  the  erection  of  public  buildings,  the  sixteenth  and  thirty-sixth 
sections  granted  for  the  use  of  public  schools,  and  lands  in  lieu  thereof,  together 
with  the  grant  of  one  hundred  and  fifty  thousand  acres  for  the  benefit  of  an 
agricultural  college,  in  such  manner  as  shall  be  hereinafter  provided. 

§  12.  It  shall  be  the  duty  of  the  surveyor-general,  whenever  application  shall 
be  made  to  him  as  hereinafter  provided,  for  any  portion  of  the  lands  described 
in  the  preceding  section,  to  communicate  immediately  with  the  proper  United 
States  land  office,  and  ask  that  the  lands  described  in  the  application  shall  be 
accepted  in  part  satisfaction  of  the  grant  under  which  it  is  sought  to  be  located ; 
and  when  the  acceptance  of  the  register  of  the  United  States  land  office  shall 
have  been  obtained,  he  shall  give  to  the  party  applying,  a  certificate,  which  shall 
authorize  the  county  treasurer  of  the  county  in  which  the  lands  are  situated,  to 
receive  payment  thereon ;  provided,  that  in  cases  where  the  towmships  have  not 
been  subdivided,  but  township  and  other  lines  have  been  established  so  as  to 
clearly  show  that  a  tract  of  land  is  included  in  any  thirty-sixth  section,  and  the 
parties  applying  for  the  same  make  affidavit  that  there  is  no  legal  claim  to  the 
same  other  than  his  or  their  own,  and  that  the  same  is  not  occupied  by  any  bona 


636  SURVEYOR-GENERAL, — DUTY     ON     CONFLICT     OF     TITLE. 

fide  settler,  the  surveyor-general  may  approve  such  locations,  without  the  ac- 
ceptance of  the  register  of  the  United  States  land  office,  and  the  register  of  the 
state  land  office  may  issue  certificate  of  purchase  for  the  same ;  provided,  the  state 
shall  in  no  manner  be  held  responsible  for  damages,  should  the  title  prove  de- 
fective, and  that  no  patent  shall  be  issued  by  the  state  until  the  location  shall 
have  been  approved  by  the  United  States.  [Amendment,  Stats.  1869-70,  875.] 
§  13.  The  surveyor-general  shall,  as  soon  as  practicable  after  the  survey  of 
any  township  by  the  United  States  surveyor-general,  procure  of  the  proper 
United  States  land  office  a  statement  of  the  condition  of  the  sixteenth  arid  thirty- 
sixth  sections — whether  the  same  or  any  portion  thereof  is  covered  by  pre- 
emption, private  grant  or  other  encumbrance,  so  that  it  cannot  be  located  by 
the  state,  or  whether  they  are  free  from  any  claim  other  than  that  of  the  state. 
§  14.  The  several  registers  and  receivers  of  the  United  States  land  offices  shall 
present  their  accounts  for  services  rendered  the  state  in  the  matter  of  locations 
to  the  surveyor-general,  who,  if  he  shall  find  the  same  correct  according  to  fees 
allowed  registers  and  receivers  by  act  of  Congress  or  by  the  department  of  the 
interior,  shall  certify  the  same  to  the  state  board  of  examiners,  who  shall  audit 
and  allow  said  accounts  the  same  as  other  state  indebtedness  payable  out  of  the 
general  fund  of  the  state.     [Amendment,  1869-70,  14.] 

§  15.  It  shall  be  the  duty  of  the  state  surveyor-general  to  represent  the  state 
in  all  cases  of  conflict  of  title  between  the  state  and  the  United  States ;  and  when 
he  shall  desire  to  take  testimony  under  the  provisions  of  the  act  of  Congress  to 
quiet  titles  in  California,  passed  July,  eighteen  hundred  and  sixty-six,  he  shall 
request  the  said  United  States  surveyor-general  to  set  a  time  and  place  for  hear- 
ing the  same,  and  shall  request  that  he  shall  name  a  place  for  said  hearing, 
convenient  of  access  to  the  witnesses  in  the  case.  If  the  United  States  surveyor- 
general  .shall  name  any  place  other  than  his  office,  it  shall  be  lawful  for  him 
to  charge  the  state  with  all  his  necessary  traveling  expenses  in  going  from  his 
office  to  the  place  [where]  said  testimony  shall  be  taken  and  back  to  his  office; 
and  all  accounts  for  such  expenses  shall  be  approved  by  the  state  surveyor- 
general  and  paid  like  other  state  indebtedness ;  provided,  that  no  more  than  one 
thousand  dollars  shall  be  allowed  for  any  one  year.  In  any  case  of  conflict 
between  the  United  States  and  the  state  or  any  purchaser  under  the  state,  when 
the  surveyor-general  of  the  state  shall  deem  it  necessary,  he  shall  request  the 
attorney-general  to  attend  the  trial  on  the  part  of  the  state ;  and  it  shall  be  the 
duty  of  the  attorney-general  to  so  attend  if  not  prevented  by  other  official  duties ; 
and  the  actual  traveling  expenses  of  the  said  state  surveyor-general  and  the 
attorney-general  shall  be  audited  by  the  board  of  examiners,  and  paid  out  of  the 
general  fund ;  provided,  the  whole  amount  so  paid  shall  not  exceed  five  hundred 
dollars  during  any  one  year. 

§  16.  The  surveyor-general  and  the  register  are  each  hereby  authorized  and 
lequired  to  issue  all  necessary  instructions  and  to  prepare  and  order  printed 
all  the  blank  forms  necessary  for  the  proper  and  complete  operation  of  this  act. 
§  17.  In  all  cases  where  a  contest  shall  arise  concerning  the  approval  of  a 
survey  or  location  before  the  surveyor-general,  or  concerning  a  certificate  of 
purchase  or  other  evidence  of  title  before  the  register,  the  officer  before  whom 
the  contest  is  made  may,  when  the  question  involved  shall  be  as  to  the  survey. 


CONTESTS — DUTY    OF    COUIVTY    SURVEYOR — NEGLECT    OP.  637 

or  one  purely  of  fact,  or  whether  the  land  applied  for  is  a  part  of  the  swamp  or 
on  overflowed  lands  of  the  state,  or  whether  the  same  is  included  in  any  estab- 
lished and  confirmed  grant,  the  lines  of  which  have  been  run  by  due  authority  of 
law,  proceed  to  hear  and  determine  the  same ;  but  when,  in  the  judgment  of  the 
officer  before  whom  the  contest  shall  arise,  a  question  of  law  is  involved,  or 
when  either  party  shall  demand  a  trial  in  the  courts  of  the  state,  he  shall  make 
an  order  referring  said  contest  to  the  district  court  of  the  county  in  which  the 
land  involved  in  the  contest  is  situated,  and  shall  enter  said  order  in  the  proper 
record  book  of  his  office ;  provided,  that  the  party  protesting  against  the  approval 
of  a  survey  or  location,  or  the  issuance  of  a  certificate  of  purchase  or  other  evi- 
dence of  title,  shall  in  all  cases  make  a  suf^cient  ex  parte  showing  to  warrant,  in 
the  judgment  of  the  surveyor-general  or  register,  further  proceedings  in  the 
matter,  and  shall  prosecute  his  contest  to  judgment  within  six  months  from 
the  date  of  the  protest,  unless  for  cause  satisfactory  to  the  surveyor-general,  the 
register  or  the  court.  Either  party  may  bring  an  action  in  the  district  court  of 
the  county  in  which  the  land  in  question  is  situated,  to  determine  such  conflict, 
and  the  proffer  of  a  certified  copy  of  the  entry,  made  by  either  the  surveyor- 
general  or  the  register,  shall  give  said  district  court  full  and  complete  jurisdiction 
to  hear  and  determine  said  conflict;  and  upon  the  filing  with  the  surveyor- 
general  or  register,  as  the  case  may  be,  of  a  copy  of  the  final  judgment  of  said 
court,  that  officer  shall  give  his  approval  of  the  survey  or  location,  or  issue  the 
certificate  of  purchase  or  other  evidence  of  title,  in  accordance  with  said  final 
judgment. 

§  18.  It  shall  be  the  duty  of  the  county  surveyor,  immediately  upon  receiving 
an  application  for  any  survey  required  by  this  act,  to  indorse  the  date  of  the  re- 
ceipt thereon,  and  note  the  same  in  a  book  to  be  furnished  by  the  surveyor- 
general  and  kept  in  his  office  for  that  purpose,  in  the  regular  order  in  which  it  is 
received,  giving  the  name  and  address  of  the  applicant,  and  the  description  of 
the  land  by  township,  range,  section  and  subdivision  of  section,  which  book  shall 
always  be  open  for  public  inspection.  He  shall,  within  thirty  days  after  receiv- 
ing such  application,  if  the  lands  are  subject  to  sale,  complete  the  survey,  plat 
and  field-notes,  which  shall  be  recorded  by  him  in  a  book  kept  in  his  office  for 
that  purpose ;  and  duplicate  copies  thereof,  together  with  a  copy  of  the  applica- 
tion, shall  be  forwarded  to  the  surveyor-general  for  approval.  The  said  county 
surveyor  shall,  immediately  upon  the  receipt  of  an  approved  survey,  record  said 
approval;  he  shall  mark  all  approved  surveys  upon  the  maps  of  his  office,  and 
all  his  said  books  and  maps  shall  at  all  times  be  open  to  public  inspection. 

§  19.  All  surveys  made  under  the  provisions  of  this  act  shall  be  according  to 
the  instructions  of  the  surveyor-general,  and  shall  be  made  according  to  the 
rectangular  system  adopted  by  the  United  States  in  the  survey  of  the  public  lands, 
and  shall  conform,  as  near  as  practicable,  to  the  lines  of  the  public  surveys; 
provided,  that  in  salt-marsh  or  tide-land  surveys  the  surveyor-general  may  order 
a  departure  from  said  system. 

§  20.  Whenever  any  county  surveyor  shall  neglect  or  refuse  to  make  any 
survey  of  state  lands  as  provided  in  this  act,  or  in  case  of  a  vacancy  in  the  office 
of  county  surveyor,  the  surveyor-general  may,  when  requested  by  an  applicant 
for  the  purchase  of  lands,  appoint  some  competent  person  to  make  said  survey, 
and  when  approved,  shall  be  as  valid  as  if  made  by  the  county  surveyor. 


CSS  APPROVAL,    OF    SURVEY— REPORT    TO    REGISTER. 

§  21.  The  surveyor-general  shall  have  power  to  employ  two  clerks  at  an  aggre- 
gate salary  not  to  exceed  three  hundred  dollars  per  month  to  be  paid  as  other 
clerks  in  state  departments. 

§  22.  The  surveyor-general,  the  register  and  county  surveyor,  shall  each  have 
power  to  administer  the  oaths  or  affirmations  required  in  matters  pertaining  to 
their  respective  offices. 

§  23.  Whenever  any  survey  or  location  of  any  state  lands  shall  have  been 
made  or  approved  by  the  surveyor-general,  the  purchaser  shall,  within  fifty  days 
from  the  date  of  said  approval  or  location,  present  his  copy  of  the  same  to  the 
county  treasurer,  who  shall  thereupon  receive  the  amount,  whether  in  full  or  in 
part,  so  provided  by  law,  and  the  fee  for  the  certificate  of  purchase,  indorsing  his 
receipt  therefor  upon  the  back  of  the  said  certificate  of  location  or  survey,  which 
shall  then  be  returned  to  the  purchaser ;  and  in  case  said  payment  is  not  made 
within  said  fifty  days,  the  land  described  in  said  survey  or  location  shall  revert 
to  the  state  without  suit,  and  said  survey  or  location  shall  be  and  become  null 
and  void.  All  subsequent  payments,  whether  of  the  balance  of  the  principal  or 
of  the  interest  thereon,  shall  be  paid  to  the  county  treasurer  in  like  manner,  who 
shall  indorse  the  same  upon  the  back  of  the  certificate  of  purchase.  The  treasurer 
shall  also  direct  the  purchaser  to  take  said  certificate  of  location,  or  purchase,  or 
survey  so  indorsed,  to  the  auditor,  who  shall  charge  the  amount  named  therein 
to  the  account  of  the  treasurer,  and  make  his  check  upon  the  indorsed  receipt  so 
charged.     [Amendment,  Stats.  1869-70,  875.] 

§  24.  Upon  the  first  day  of  every  month  (except  the  same  shall  fall  on  Sun- 
day or  other  holiday,  then  on  the  day  following)  the  county  treasurer  shall  make 
a  report  to  the  register  of  the  state  land  office  of  all  moneys  received  for  land 
during  the  preceding  month,  which  shall  show  the  number  of  the  location  or 
survey,  the  name  of  the  purchaser  and  the  amount  paid  since  the  date  of  his  last 
report,  whether  as  principal  or  interest,  which  amounts  shall  be  entered  in  the 
columns  belonging  to  the  particular  class  of  land  upon  which  each  payment  has 
been  made.  The  payment  of  the  fee  for  the  certificate  of  purchase  shall  also  be 
entered  in  the  proper  column,  and  the  treasurer  shall  then  send  the  report  to 
the  auditor,  who  shall  compare  the  items  with  the  account  of  the  treasurer ;  and 
if  the  same  shall  be  found  to  agree  with  his  entries  he  shall  countersign  the  report 
as  correct  and  return  it  to  the  treasurer.  These  reports  shall  be  forwarded  to  the 
register  on  or  before  the  fifth  day  after  they  have  been  made  up,  and  upon  receipt 
thereof  the  register  shall  enter  the  payment  so  reported  to /the  credit  of  the  pur- 
chasers by  whom  they  have  been  made,  in  the  books  of  his  office.  He  shall  further, 
as  soon  as  possible  thereafter,  notify  the  county  treasurer  of  the  receipt  of  his 
report,  and  of  any  error  that  may  have  been  found  therein — in  that  case  return- 
ing the  report  for  correction. 

§  25.  At  the  end  of  the  quarter  it  shall  be  the  duty  of  the  county  treasurer  to 
make  a  report  to  the  controller  of  state,  showing  the  amount  which  has  been 
received  during  the  quarter,  either  as  principal  or  interest,  upon  each  class  of 
land ;  which  report  shall  be  referred  to  the  register  of  the  state  land  office  for 
examination  and  comparison  with  the  books  of  his  office.  When  the  register  shall 
have  certified  to  the  correctness  of  the  report  it  shall  be  returned  to  the  controller, 
who  shall  thereupon  make  his  settlement  with  the  county  treasurer ;  and  the  said 


SWAMP     AND     OVERFLOWED,    ETC.,    LANDS — PURCHASE.  639 

county  treasurer  shall  then  pay  over  to  the  treasurer  of  state  all  moneys,  con- 
troller's warrants,  or  other  indebtedness  of  the  state  that  hi  may  have  received 
in  payment  for  said  lands ;  provided,  that  the  county  treasurer  shall  retain  in  his 
own  hands  all  moneys  arising  from  the  sale  of  swamp  and  overflowed  lands,  and 
shall  place  the  same  to  the  credit  of  a  fund  to  be  known  as  the  "Swamp-Land 
Fund"  of  the  county;  and  the  same  shall  be  subject  to  the  order  of  the  board  of 
supervisors,  except  as  may  be  hereinafter  provided. 

§  26.  The  treasurer  shall  compute  interest  on  all  lands  from  the  date  of  the 
approval  of  the  survey,  or  the  date  of  the  certificate  of  location,  to  the  fir.st  of 
January  following  such  date ;  or  if  for  lands  already  purchased,  then  up  to  the 
first  of  January  following  the  day  upon  which  the  interest  falls  due ;  after  which 
time  all  payments  of  principal  or  interest  shall  fall  due  on  the  first  day  of  Jan- 
uary. 

§  27.  The  county  treasurer  shall  be  entitled  to  receive  and  retain  one  per 
centum  of  all  moneys  paid  in  to  him  for  lands,  or  for  taxes  on  land  under  the 
provisions  of  this  act ;  and  the  auditor  shall  be  entitled  to  one  per  centum,  of  all 
amounts  certified  to  by  him  as  provided  in  section  twenty-four  of  this  act,  which 
he  shall  receive  from  the  treasurer,  and  his  receipt  therefor  shall  be  a  sufficient 
voucher  for  the  controller  of  state  in  his  settlement  with  said  treasurer:  provided, 
that  when  the  auditor  or  treasurer  shall  receive  a  salary  as  auditor  or  treasurer, 
the  said  percentage  shall  be  paid  into  the  county  treasury  the  same  as  other 
revenue  for  county  general  purposes. 

PART    II.— SWAMP    AND    OVERFLOWED,    SALT-MARSH    AND    TIDE 

LANDS. 

§  28.  The  swamp  and  overflowed,  salt-marsh  and  tide  lands  belonging  to  the 
state  shall  be  sold  at  the  rate  of  one  dollar  per  acre  in  gold  coin,  payable,  twenty 
per  centum  of  the  principal  within  fifty  days  from  the  date  of  the  approval  of 
the  survey  by  the  surveyor-general ;  the  remainder  of  the  principal  shall  be  due 
and  payable  one  year  after  the  passage  of  any  act  of  the  legislature  requiring 
such  payment,  or  before,  if  desired  by  the  purchasers ;  provided,  that  legal  inter- 
est thereon  be  paid  annually,  in  advance,  from  the  date  of  such  approval ;  pro- 
vided, the  bonds  or  warrants  of  districts  having  an  outstanding  indebtedness 
shall  be  received  in  payment  for  lands  in  such  district  at  par. 

§  29.  Whenever  any  resident  of  this  state  desires  to  purchase  any  portion  of 
the  swamp  and  overflowed  lands  granted  to  the  state  by  act  of  Congress  of  Sep- 
tember twenty-eighth,  eighteen  hundred  and  fifty,  or  any  portion  of  the  tide 
lands  belonging  to  the  state  above  low  tide,  he  shall  make  affidavit,  before  any 
person  competent  to  administer  oaths,  that  he  is  a  citizen  of  the  United  States, 
or  has  filed  his  intention  of  becoming  a  citizen ;  is  a  resident  of  the  state,  and  of 
lawful  age;  that  he  desires  to  purchase  said  lands  (describing  them)  under  the 
laws  of  the  state  providing  for  the  sale  of  the  swamp  and  overflowed  and  tide 
lands  of  the  state,  and  that  he  does  not  know  of  any  legal  or  equitable  claim  to 
said  land  other  than  his  own ;  and  also,  if  the  applicant  be  a  female,  that  she  is 
entitled  to  purchase  and  hold  real  estate  in  her  own  name  under  the  laws  of  this 
state,  which  application  and  affidavit,  shall  be  filed  in  the  office  of  the  surveyor 
of  the  county  in  which  such  lands,  or  the  greater  portion  thereof,  are  situate.  The 
county  surveyor  shall,  except  when  surveys  have  already  been  made,  then  make 


G40  S^VAMP,    ETC.,    LAXDS — CERTIFICATES     OF     PURCHASE. 

a  survey  of  said  lands,  as  provided  in  section  eighteen  of  this  act ;  provided,  that 
applicants  for  salt-marsh  or  tide  lands  which  shall  be  less  than  twenty  chains  in 
width,  applying  within  ninety  days  after  this  act  goes  into  effect,  shall,  in  addi- 
tion to  the  above,  set  forth  in  said  affidavit  that  he  or  she  is  the  owner  or  occupant 
of  the  uplands  lying  immediately  back  of  and  adjoining  said  lands  sought  to  be 
purchased ;  provided,  that  the  owner  or  occupant  of  any  such  upland  shall  not 
be  a  preferred  purchaser  for  more  than  one  fourth  of  a  mile  front  on  any  bay 
or  navigable  stream;  and  any  such  application  by  such  owner  or  occupant  made 
within  said  ninety  days  shall  be  only  for  one  fourth  of  a  mile  frontage  as 
aforesaid. 

§  30.  Whenever  the  holders  of  certificates  of  purchase,  patents  or  other  evi- 
dence of  title  representing  one  half  or  more  of  any  body  of  swamp  and  over- 
flowed, salt-marsh  or  tide  lands,  susceptible  of  one  mode  of  reclamation,  desire 
to  reclaim  the  same,  they  shall  present  to  the  board  of  supervisors  of  the  county 
in  which  the  said  lands  or  the  greater  portion  thereof  are  situated,  at  a  regular 
meeting  of  said  board,  a  petition  setting  forth  that  they  desire  to  adopt  measures 
to  reclaim  the  same,  the  description  of  the  lands  they  propose  to  reclaim,  by 
township,  range,  section,  and  subdivision  of  section;  the  quantity  sold  and  the 
quantity  remaining  unsold,  the  number  of  acres  in  the  whole  district  and  the 
number  of  acres  in  each  tract  sold,  with  the  name  (if  known)  of  the  owner 
thereof.  The  petition  shall  be  sworn  to  by  at  least  one  of  said  petitioners,  and 
shall  be  published  for  four  weeks  next  preceding  the  hearing  thereof,  in  some 
newspaper  published  in  the  county  in  which  the  lands,  or  the  greater  portion 
thereof,  are  situated ;  or,  if  there  be  no  newspaper  published  in  the  county,  then 
it  shall  be  published  in  some  newspaper  having  a  general  circulation  in  said 
county,  and  the  usual  affidavit  of  publication  shall  be  filed  with  said  petition ; 
provided,  that  where  a  district  shall  be  in  more  than  one  county,  the  trustees 
shall  after  the  petition  shall  have  been  granted,  forward  a  copy  thereof  to  the 
clerk  of  the  board  of  supervisors  of  each  of  the  counties  in  which  any  portion  of 
said  lands  may  lie,  and  the  said  board  of  supervisors  to  which  the  same  shall  be 
forwarded  shall  allow  no  other  district  to  be  formed  within  said  first  district, 
unless  by  consent  of  the  trustees  thereof. 

§  31.  If  the  board  of  supervisors  shall  find,  upon  the  hearing  of  said  petition, 
that  the  statements  therein  set  forth  are  correct,  and  that  no  land  is  improperly 
included  or  excepted  from  the  said  district,  they  shall  note  their  approval  on  the 
.  petition,  which  approval  shall  be  signed  by  the  president  of  the  board  and  attested 
by  the  clerk.  The  petition  shall  then  be  recorded  by  the  county  recorder  in  a 
book  to  be  kept  for  the  purpose  of  recording  papers  relating  to  the  reclamations, 
and  a  certified  copy  thereof  forwarded  to  the  register  of  the  state  land  office. 
The  register  shall  thereupon  forward  to  the  county  treasurer  a  statement  showing 
the  names  of  all  OAvners  of  land  in  the  district  who  have  paid  in  full  for  their 
lands,  and  the  amount  deducted  therefrom  on  account  of  moneys  drawn  from 
the  state  or  county  general  swamp-land  fund. 

§  32.  After  the  hearing  and  approval  of  the  said  petition  by  the  board  of 
supervisors,  or  previously,  if  they  shall  so  elect,  the  said  petitioners  shall  ordain 
and  establish  such  by-laws  as  they  shall  deem  necessary  to  effect  the  work  of 
reclamation  and  keep  the  same  in  repair,  and  shall  elect  or  appoint  three  of  their 
number  by  the  votes  or  signatures  of  the  holders  of  certificates  of  purchase  or 


SWAMP,    ETC.,    LAIVDS — BOARD'S    REPORT— ASSESSMENT.  641 

patents  representing  at  least  one  half  the  land  sought  to  be  reclaimed,  to  act  as 
a  board  of  trustees  to  manage  the  same.  The  by-laws  thus  adopted  shall  be 
signed  by  the  holders  of  certificates  of  purchase  or  patents  representing  at  least 
one  half  of  the  land  so  to  be  reclaimed  or  benefited,  and  shall  be  recorded  by  the 
county  recorder  in  the  same  book  and  immediately  following  the  petition.  The 
board  of  trustees  thus  formed  shall  have  power  to  elect  one  of  their  number  to  act 
as  president  thereof,  and  to  employ  engineers  and  others  to  survey,  plat,  locate 
and  estimate  the  cost  of  the  work  necessary  for  reclamation,  and  the  land  needed 
for  right  of  way,  including  drains,  canals,  sluices,  water-gates,  embankments  and 
material  for  construction ;  and  to  construct,  maintain  and  keep  in  repair  all  works 
necessary  for  the  object  in  view.  After  any  district  now  formed  shall  organize 
under  the  provisions  of  this  act,  the  supervisors  of  the  county  shall  turn  over  to 
the  trustees  all  the  books  and  papers  in  their  possession  relating  solely  to  that 
district;  provided,  that  until  such  organization,  said  districts  now  formed  shall 
proceed  under  the  laws  now  in  force. 

§  33.  The  board  of  trustees  shall  report  to  the  board  of  supervisors  of  the 
county,  or,  if  the  district  shall  be  in  more  than  one  county,  then  to  the  board  of 
supervisors  in  each  county  in  which  the  district  may  be  situated,  the  plans  of  the 
work  and  estimates  of  the  cost,  together  with  estimates  of  the  incidental  expenses 
of  superintendence,  repairs,  etc. ;  and  said  board  of  supervisors  to  whom  the 
report  shall  be  made  shall  appoint  three  commissioners,  who  shall  jointly  view 
and  assess  upon  each  and  every  acre  to  be  reclaimed  or  benefited  thereby  a  tax 
proportionate  to  the  whole  expense  and  to  the  benefits  which  will  result  from  such 
works,  which  said  tax  shall  be  collected  and  paid  into  the  county  treasury  or 
treasuries  (as  the  case  may  be)  in  the  manner  hereinafter  provided,  and  shall 
be  placed  by  the  treasurer  to  the  credit  of  the  district,  and  shall  be  paid  out  for 
the  work  of  reclamation  upon  the  order  of  the  trustees  when  approved  by  the 
board  of  supervisors  of  the  county ;  provided,  that  if  a  district  shall  be  in  more 
than  one  county  the  tax  upon  all  lands  shall  be  paid  into  the  treasury  of  the 
county  in  which  the  particular  tract  may  be  situated. 

§  34.  In  case  the  original  assessment  be  insufficient  to  provide  for  the  com- 
plete reclamation  of  the  lands  of  the  district,  or  in  case  further  assessments  be 
required  from  time  to  time  to  provide  for  the  protection,  maintenance,  and  repair 
of  the  works  of  reclamation,  the  trustees  shall  present  to  the  board  of  supervisors 
of  the  county  by  whom  the  formation  of  the  said  district  was  approved,  a  state- 
ment of  the  work  done  or  to  be  done,  and  its  estimated  cost ;  and  said  board  shall 
make  an  order  directing  the  commissioners  who  made  the  original  assessment,  or 
other  commissioners  to  be  named  in  such  order,  to  assess  the  amount  of  such  esti- 
mated costs  upon  the  lands  of  the  said  district ;  and  the  said  assessment  shall  be 
levied,  paid,  and  if  delinquent  collected  in  the  same  manner  as  provided  in 
sections  thirty-three  and  thirty-five  of  this  act.  [Amendment,  Stats.  1871-2. 
668.] 

§  35.  The  commissioners  appointed  by  the  board  of  supervisors,  as  herein- 
before provided,  shall  make  a  list  of  the  amount  due  from  each  owner  of  land  in 
the  district  and  of  the  amount  assessed  against  the  unsold  land,  and  shall  file 
the  same  with  the  county  treasurer;  or,  if  the  district  shall  be  in  more  than  one 
county,  then  lists  shall  be  filed  with  the  treasurer  of  each  county  for  the  lands 
in  that  county.     The  treasurer  shall  thereupon  credit  each  purchaser  who  has 

Gen.  Laws — 41 


642  SWAMP,    ETC.,   LANDS — RECLAMATION     DISTRICT. 

paid  in  full  for  liis  land  with  eighty  cents  per  acre,  less  the  amount  deducted  by 
the  register  of  the  state  land  office,  as  provided  in  section  thirty-one  of  this  act. 
The  lists  thus  prepared  shall  remain  in  the  office  of  the  treasurer  for  thirty  days, 
or  longer  if  ordered  by  the  board  of  trustees,  and  during  the  time  it  shall  so 
remain  in  the  office  of  the  treasurer  any  person  assessed  can  pay  the  amount  so 
assessed  against  him  to  said  treasurer  without  cost ;  but  if  at  the  end  of  said 
thirty  days,  or  of  said  longer  time  fixed  by  the  trustees,  if  all  of  said  tax  has  not 
been  paid  the  treasurer  shall  return  said  list  to  the  district  attorney,  who  shall 
proceed  at  once  against  all  delinquents  in  the  same  manner  as  is  provided  by  law 
for  the  collection  of  state  and  county  taxes,  and  all  costs  shall  be  collected  of  said 
delinquents. 

§  36.  The  work  necessary  for  reclamation  may  be  executed  by  contract  or  by 
days  work,  or  by  both  modes,  as  may  be  adjudged  by  the  board  of  trustees  most 
conducive  to  economy,  security  and  perfection  in  the  work  to  be  done ;  but  the 
said  board  shall  keep  accurate  accounts  of  all  expenditures,  which,  with  any  and 
all  contracts  that  may  be  made  by  them,  shall  be  open  to  the  inspection  of  any 
person  interested  in  the  district,  or  their  agents  and  attorneys,  and  to  the  board 
of  supervisors, 

§  37.  The  purchaser  of  any  tract  of  land  which  may  be  unsold  in  any  reclama- 
tion district  at  the  date  of  the  recording  of  the  by-laws,  as  hereinbefore  provided, 
shall  take  the  same,  subject  to  all  the  provisions  of  said  by-laws,  and  the  assess- 
ments levied  in  pursuance  thereof,  and  shall  have  all  the  rights  and  privileges 
enjoyed  by  the  original  signers  of  said  by-laws;  provided,  that  he  or  she  shall 
pay  into  the  county  treasury  twenty  per  centum  of  the  principal,  one  year's  in- 
terest on  the  remaining  eighty  per  centum,  and  any  assessment  due  upon  the 
land  so  purchased,  for  the  cost  and  expense  of  reclamation,  with  interest  thereon 
until  paid,  from  the  date  such  assessment  became  due.  But  if  such  land  shall 
remain  unsold  for  four  years  after  the  filing  of  said  by-laws,  it  shall  be  exempt 
from  any  assessment  levied  under  the  same  during  that  time. 

§  38.  The  trustees  of  any  reclamation  district  in  which  the  by-laws  shall  have 
been  recorded,  as  provided  in  section  thirty-one,-  shall  have  power  to  acquire  right 
of  way  for  canals,  drains,  embankments  and  other  work  necessary  to  the  reclama- 
tion, and  shall  have  power  to  take  materials  for  the  construction,  maintenance  and 
repair  thereof  from  lands  outside  of  as  well  as  wutliin  the  limits  of  the  district ; 
and  if  the  said  trustees  shall  fail  to  procure  the  consent  of  the  owner  or  owners 
of  the  lands  or  material  needed,  the  said  board  of  trustees,  or  the  president  acting 
in  their  behalf,  shall  file  in  the  office  of  the  clerk  of  the  county  court  of  the  county 
in  which  the  lands  or  material  requisite  are  situated,  a  petition,  in  which  shall 
be  stated  the  number  of  the  district  to  be  reclaimed,  a  description  of  the  land[s] 
or  material  required  for  its  reclamation,  the  names  of  the  owners  of  the  lands  or 
material  required,  and  that  the  said  trustees  have  endeavored  to  obtain  the  con- 
sent of  the  owners  thereof  for  the  use  or  possession  of  the  same,  but  have  failed 
to  obtain  such  consent;  whereupon  the  said  court,  or  the  judge  thereof,  shall  set 
a  time  for  the  hearing  of  the  same.  The  mode  of  proceeding  shall  then  be  the 
same  as  that  prescribed  in  sections  twenty-five  to  thirty-eight,  inclusive,  of  an  act 
to  provide  for  the  incorporation  of  railroad  companies  and  the  management  of  the 
affairs  thereof,  and  other  matters  relating  thereto,  passed  May  twentieth,  eighteen 
hundred  and  sixty-one,  as  amended  April  twenty-seventh,  eighteen  hundred  and 


SWAMP,    ETC.,    LANDS— RECLAMATION— OATH.  643 

sixty-three,  for  condemning  lands  for  railroad  purposes ;  and  wherever  the  rail- 
road company  is  referred  to  in  said  sections  it  shall  be  construed  to  refer  to  the 
said  swamp-land  district;  and  upon  the  filing  of  said  petition  the  said  trustees 
may  enter  upon  and  take  possession  of,  and  make  use  of  the  property  so  applied 
for;  provided,  they  serve  upon  the  owners  thereof  a  copy  of  said  petition;  and 
provided,  further,  that  they  shall  be  held  responsible  for  all  damages  that  may 
at  any  time  be  awarded  for  such  possession  and  use. 

§  39.  Whenever  any  district  of  swamp  and  overflowed,  salt-marsh  or  tide 
lands,  susceptible  of  one  mode  of  reclamation,  shall  be  entirely  owned  by  parties 
who  desire  to  reclaim  the  same  and  who  desire  to  manage  the  reclamation  without 
the  intervention  of  trustees  or  the  establishment  of  by-laws,  said  owner  or  owners 
shall  file  the  petition  as  provided  in  section  thirty  of  this  act;  and  in  addition 
thereto  shall  state  that  he,  she  or  they  intend  to  undertake  the  said  reclamation 
on  his  or  her  or  their  own  responsibility.  If  the  said  petition  shall  be  granted, 
the  said  owner  or  owners  of  said  lands  shall  have  all  the  rights,  immunities  and 
privileges  granted  by  this  act;  and  in  all  proceedings  the  name  or  names  of  the 
said  owner  or  owners  shall  be  used  instead  of  the  names  of  the  trustees. 

§  40.  Whenever  the  supervisors  of  any  county  in  which  any  reclamation  dis- 
trict shall  have  been  formed  or  organized  under  the  provisions  of  this  act  shall 
certify  to  the  register  of  the  state  land  office  that  works  of  reclamation  have  been 
commenced  and  are  in  progress  upon  a  plan  and  in  conformity  with  the  require- 
ments hereinbefore  provided,  the  payment  of  interest  by  purchasers  in  said  dis- 
tricts shall  be  suspended ;  but  if  the  said  works  are  not  completed  and  accepted  as 
hereinafter  provided,  within  four  years  from  the  date  of  the  filing  of  said  peti- 
tion required  by  section  thirty,  then  interest  for  the  whole  time  shall  be  charged 
and  collected  by  the  said  register,  the  same  as  if  there  had  been  no  such 
suspension. 

§  41.  After  the  work  of  reclamation,  as  contemplated  in  this  act,  shall  have 
been  completed,  the  trustees,  or  the  owners  of  the  land,  if  there  have  been  no 
trustees  for  the  district,  shall  file  in  the  office  of  the  county  recorder  of  the  county 
in  which  the  original  petition  was  filed,  a  sworn  statement  that  said  work  has 
been  completed;  and  the  recorder  shall  forward  a  certified  copy  thereof  to  the 
register  of  the  state  land  office.  When  said  statements  shall  have  been  filed,  the 
supervisors  shall  order  the  treasurer  to  pay  over  to  the  trustees  any  moneys  he 
may  have  credited  to  purchasers  on  full  payments,  as  provided  in  section  thirty- 
five  of  this  act. 

§  42.  Whenever  the  trustees,  or  owners  of  the  land  if  there  be  no  trustees,  shall 
certify  under  oath  to  the  board  of  supervisors  by  whom  the  district  was  formed 
that  the  works  of  reclamation  have  been  completed,  or  that  two  dollars  per  acre 
in  gold  coin  has  been  expended  on  the  work  of  reclamation,  if  such  facts  be 
established  to  the  satisfaction  of  said  board,  they  shall  transmit  to  the  register  of 
the  state  land  office  a  certificate  stating  such  facts,  and  he  shall  thereupon  credit 
each  purchaser  of  lands  within  the  district  with  payment  in  full  for  such  lands, 
and  the  said  purchaser  or  his  assigns  shall  be  entitled  to  a  patent  therefor.  And 
the  register  shall  forward  to  the  treasurer  of  the  county  or  counties  in  which  the 
district  is  situated  a  statement  showing  the  amount  of  money,  including  interest, 
paid  into  the  treasury  by  each  purchaser  of  land  in  said  district  prior  to  or  after 


644  S\VAMP,  ETC.,  LANDS — IVOTICE    OF    BIEETIIVG — TAX    LEVY. 

the  formation  of  the  same,  after  deducting  therefrom  the' proper  proportion 
chargeable  to  each  purchaser  of  the  amount  previously  drawn  from  the  swamp- 
land, state,  or  county  general  fund,  and  the  amount  to  be  credited  to  the  pur- 
chasers and  paid  over  to  the  trustees  as  hereinbefore  provided,  and  shall  order  the 
balance  paid  over  to  said  purchasers  or  their  assigns,  and  the  said  statement  of 
the  register,  signed  by  each  purchaser  or  his  assigns,  shall  be  the  voucher  for  the 
county  treasurer;  provided,  that  the  provisions  of  this  section  shall  not  apply  to 
districts  having  an  outstanding  indebtedness  represented  by  controller's  warrants 
drawn  upon  the  state  treasury,  until  all  such  warrants  are  fully  paid.  [Amend- 
ment, Stats.  1871-2,  383.] 

§  43.  Swamp  and  overflowed,  salt-marsh  or  tide  land  districts  now  formed 
may  proceed  at  once  to  organize  under  the  provisions  of  this  act,  and  it  shall  be 
the  duty  of  the  clerk  of  the  board  of  supervisors  of  any  county  in  which  the 
greater  portion  of  any  swamp-land  district  shall  be,  immediately  after  this  act 
goes  into  operation,  to  call  a  meeting  of  the  landowners  of  such  district  by  pub- 
lishing a  notice  for  four  weeks  in  some  newspaper  published  in  the  county,  or  if 
there  shall  be  no  paper  published  in  the  county,  then  by  posting  at  least  three 
notices  in  the  district,  for  the  election  of  trustees  and  the  establishment  of  by- 
laws; and  the  holders  of  certificates  of  purchase  or  patents,  or  their  agents, 
representing  one  half  the  land  sold,  shall  form  a  quorum  for  the  transaction  of 
business  at  such  meeting;  and  the  trustees  elected  at  said  meeting  shall  have 
power,  and  it  shall  be  their  duty,  to  carry  out  and  complete  all  unfinished  business 
commenced  by  the  board  of  supervisors,  and  do  all  other  things  authorized  by  the 
by-laws  of  the  district  or  by  this  act ;  provided,  that  in  any  district  now  in  debt 
the  trustees  shall  have  power  to  do  nothing  to  impair  or  destroy  any  debt  or 
obligation  of  the  district  without  the  consent  of  creditors.  The  trustees  of  any 
such  district,  however,  shall  have  the  power  to  make  any  arrangements  with  the 
said  creditors  for  the  surrender  of  any  indebtedness  at  less  than  par,  and  to  levy 
any  tax  on  the  district  for  that  purpose,  provided  the  same  shall  be  authorized 
by  the  by-laws  of  the  district. 

§  44.  If  any  district  now  in  debt  shall  levy  a  tax  upon  the  lands  of  the  district, 
as  provided  in  the  preceding  section,  and  shall  redeem  bonds  or  warrants  of  the 
district  with  the  proceeds  thereof,  the  trustees  of  said  district  shall  have  power 
to  select  any  unsold  lands  in  the  district  and  pay  for  the  same  with  said  bonds 
or  warrants  at  par,  and  the  register  of  the  state  land  office  shall  issue  to  the  said 
trustees  a  certificate  of  purchase  (and  when  all  the  conditions  of  this  act  shall 
have  been  complied  with,  a  patent)  for  the  same ;  and  the  said  trustees  shall  have 
power  to  deed  the  said  lands  in  fee  to  any  person  upon  the  payment  by  the  said 
person,  into  the  fund  of  the  district,  of  the  price  agreed  upon. 

§  45,  If  the  holders  of  certificates  of  purchase  or  patents  for  lands  within  any 
district  formed  under  previous  laws,  and  in  which  the  lands  have  not  been 
thoroughly  reclaimed,  desire  to  have  their  lands  set  off  from  said  district,  they 
shall,  in  addition  to  the  petition  required  in  section  thirty  of  this  act,  show  to  the 
board  of  supervisors  that  their  lands  are  capable  of  an  independent  reclamation. 
If  the  district  from  which  they  seek  to  be  set  off  shall  not  be  in  debt,  then  said 
lands  may  at  once  be  set  off,  but  if  the  district  shall  have  an  outstanding  indebted- 
ness, then  the  board  shall,  either  in  their  own  proper  persons  or  by  commissioners 
appointed  for  that  purpose,  determine  what  proportion  of  the  debt  the  tract  so 


SWAMP,  ETC.,   LAND    RECLAMATION — NUMBER     OF    DISTRICT.  643 

sought  to  be  set  off  shall  be  entitled  to  pay,  and  upon  the  payment  by  the  said 
petitioners  of  the  amount  so  awarded  the  said  lands  described  in  said  petition  shall 
be  constituted  a  district  and  shall  be  subject  to  all  the  conditions  and  restrictions 
of  this  act.  And  the  amount  so  paid  by  the  petitioners  shall  be  a  charge  against 
the  district  so  formed,  and  shall  be  collected  and  paid  the  same  as  funds  for 
reclamation.  Any  reclamation  district  may,  with  the  concurrence  in  writing  of 
a  majority  in  acreage  of  the  holders  of  certificates  of  purchase,  patents,  or  other 
evidence  of  title  to  and  within  the  said  district,  consolidate  with  one  or  more 
contiguous  districts ;  the  term  of  such  consolidation,  and  the  names  of  the  trustees 
of  the  consolidated  district,  shall  be  stated  in  a  written  agreement,  and  the  num- 
ber be  designated  therein  by  which  the  consolidated  district  shall  be  known,  which 
shall  be  one  of  the  original  numbers,  and  shall  be  signed  by  the  trustees  of  each 
district,  or  a  majority  of  them,  and  be  filed  in  the  office  of  the  recorder  of  the 
county  or  either  of  the  counties  in  which  the  districts  are  situated,  and  the  trustees 
of  the  said  district,  or  a  majority  of  them,  shall  thereupon  certify  to  the  register 
of  the  state  land  office  the  fact  of  such  consolidation,  the  original  numbers  of  the 
districts  consolidated,  and  the  number  adopted  for  the  consolidated  district. 
[Amendment,  Stats.  1871-2,  858.] 

§  46.  All  districts  organized  under  the  provisions  of  this  act  shall  have  a 
state  number,  and  the  register  of  the  state  land  office,  upon  the  receipt  of  a  copy 
of  a  petition,  as  hereinbefore  provided,  shall  number  the  same,  and  shall  send 
their  number  to  the  county  recorder  of  the  county  from  which  the  copy  came ; 
and  the  said  recorder  shall  immediately  number  the  petition  upon  record  in  like 
manner,  and  the  said  district  shall  thereafter  be  known  and  designated  by  said 
number;  provided,  that  districts  now  organized  shall  be  known  by  the  number 
they  now  have.  No  member  of  any  board  of  supervisors,  or  any  clerk  of  said 
board,  shall  receive  any  compensation  other  than  their  regular  salary  for  services 
performed  under  this  act ;  provided,  that  the  board  of  supervisors  of  Sacramento 
County  may,  if  they  shall  deem  the  same  advisable,  employ  a  clerk  to  attend  to 
matters  pertaining  to  swamp-lands,  and  shall  pay  such  clerk  by  orders  on  the 
swamp-land  fund  of  the  district  for  which  work  is  performed  not  to  exceed  five 
dollars  for  each  day  actually  engaged. 

§  47.  On  or  before  the  first  day  of  June,  of  the  present  year,  the  register  of  the 
state  land  office  shall  prepare  a  statement  of  the  amount  of  moneys  paid  into  the 
general  swamp-land  fund  of  the  state  by  purchasers  of  swamp  and  overflowed, 
salt-marsh  or  tide  lands  in  each  county  of  the  state ;  and  after  deducting  there- 
from the  amount  expended  out  of  the  general  swamp-land  fund  exclusive  of  dis- 
trict reclamation,  show  the  amount  remaining  in  the  said  general  fund  to  the 
credit  of  each  county,  and  shall  file  the  same  in  the  office  of  the  controller  of  state. 
The  controller  shall  thereupon  draw  his  warrant  on  said  general  swamp-land 
fund  in  favor  of  the  county  treasurer  of  each  of  said  counties  for  the  amount 
with  which  his  said  county  may  be  credited.  Any  county  treasurer  may  draw 
said  money  from  the  state  treasury  upon  said  warrant,  and  transfer  it  immedi- 
ately to  the  county  treasury,  or  he  may  use  said  warrant  in  his  settlement  wdth 
the  state  treasurer.  In  case  any  of  said  warrants  shall  be  used  in  a  settlement 
by  a  county  treasurer,  the  state  treasurer  shall  transfer  the  amount  of  the  war- 
rant from  the  swamp-land  fund  to  the  general  fund.  Immediately  after  notifica- 
tion by  the  board  of  supervisors  that  all  contractors  are  fully  paid  for  work 


646  SWAMP,    ETC.,    LANDS — RECLAMATION — INDEBTEDNESS. 

contracted  prior  to  the  passage  of  this  act,  the  controller  of  state  shall  certify 
to  the  board  of  supervisors  of  each  county  in  which  a  swamp-land  district  may 
be  situated,  the  amount  of  the  assets  unexpended  standing  on  the  books  of  the 
controller,  and  belonging  to  such  district,  specifying  particularly  the  nature  of 
such  assets,  whether  of  coin  or  otherwise,  and  upon  receiving  said  certificate,  the 
auditor  and  treasurer  of  the  county,  under  the  direction  of  the  board  of  super- 
visors, shall  place  said  assets  on  their  books  to  the  credit  of  the  proper  swamp- 
land district  fund.  The  controller  shall  also  forward  to  the  proper  board  of 
supervisors  all  books  relating  to  swamp-land  districts  received  by  him  from  the 
board  of  swamp-land  commissioners. 

§  48.  The  balance  of  the  principal  on  all  lands  in  districts  having  an  outstand- 
ing indebtedness,  which  have  been  sold  for  five  years,  shall  be  due  and  payable 
one  year  after  this  act  goes  into  effect,  and  on  all  lands  in  such  districts  which 
have  been  sold  less  than  five  years,  the  said  balance  shall  be  due  and  payable  on 
the  first  of  January  following  the  expiration  of  five  years  from  the  date  of  said 
sale;  provided  further,  that  no  action  of  the  landholders  shall  have  the  effect 
to  stay  the  payment  upon  any  lands  provided  for  by  this  section. 

§  49.  If  any  person  shall  at  any  time  or  in  any  manner  lower  or  alter  any 
levee  to  facilitate  crossing,  or  shall  cut,  destroy  or  in  any  manner  whatever 
injure  or  destroy  any  levee,  or  tide-gate,  or  embankment  or  other  work  con- 
structed for  the  purpose  of  reclamation,  or  in  any  manner  whatever  diminish 
the  height,  width  or  strength  of  any  levee  or  embankment  of  a  district,  or  cross 
levee  within  a  district,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  for  not  less  than  ten  days  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment;  and  in  every  case  of 
conviction  the  sum  of  fifteen  dollars  shall  be  charged  as  costs,  and  be  paid  to  the 
district  attorney  for  his  own  use ;  and  all  fines  collected  under  this  act  shall  be 
paid  into  the  levee  fund  of  the  district. 

§  50.  Any  person  owning  or  occupying  lands  upon  the  banks  of  any  river, 
creek  or  other  stream  where  the  lands  lying  back  of  said  stream  are  lower  than 
the  bank  thereof,  shall  be  held  responsible  for  all  damages  which  may  be  sus- 
tained by  the  owners  or  occupants  of  said  lower  lands  by  reason  of  any  cut  or 
embrasure  made  in  the  bank  of  said  stream  by  the  said  owner  or  occupant  of 
said  bank.  Said  damages  may  be  proven  and  recovered  in  any  court  of  compe- 
tent jurisdiction  according  to  the  civil  practice  of  said  court;  provided,  that  in 
case  said  cuts  were  made  for  the  purpose  of  irrigation,  and  head-gates  and  cul- 
verts have  been  made  which  competent  persons  have  considered  sufficient  to 
restrain  the  water,  and  where  great  diligence  has  been  made  to  prevent  damage, 
the  said  facts  may  be  plead  [ed]  and  proven  in  mitigation  of  damages,  and  shall 
be  taken  into  consideration  by  the  court  or  the  jury  in  determining  the  same. 

PART  III.— SCHOOL  LANDS. 

§  51.  The  unsold  portion  of  the  five  hundred  thousand  acres  granted  to  the 
state  for  school  purposes,  the  unsold  portion  of  the  seventy-two  sections  granted 
to  the  state  for  a  seminary  of  learning,  the  unsold  portion  of  the  ten  sections 
granted  to  the  state  for  the  erection  of  public  buildings,  the  sixteenth  and  thirty- 
sixth  sections  granted  for  school  purposes,  and  lands  selected  in  lieu  thereof. 


SCHOOL.     LANDS— PURCHASE     OF— SIXTEENTH     SECTION.  647 

shall  be  sold  at  the  rate  of  one  dollar  and  twenty-five  cents  per  acre,  in  gold  coin, 
payable  twenty  per  centum  of  the  principal  within  fifty  days  from  the  date  of 
the  certificate  of  location  issued  to  the  purchaser  by  the  surveyor-general;  the 
balance,  bearing  interest  at  the  rate  of  ten  per  centum  per  annum,  in  ad- 
vance, shall  be  due  and  payable  within  one  year  after  the  passage  of  any 
act  of  the  legislature  requiring  such  payment,  or  before,  if  desired  by  the 
purchaser. 

§  52.  AVhenever  any  resident  of  the  state  desires  to  purchase  any  portion, 
not  less  than  the  smallest  legal  subdivision  of  a  sixteenth  or  thirty-sixth  section 
of  any  township  in  the  state,  which  has  been  surveyed  by  authority  of  the 
United  States,  he  or  she  shall  make  an  affidavit,  before  any  officer  authorized  to 
administer  oaths,  that  he  or  she  is  a  citizen  of  the  United  States  (or,  if  a  for- 
eigner, that  he  has  filed  his  intention  of  becoming  a  citizen)  a  resident  of  the 
state,  of  lawful  age;  that  he  or  she  desires  to  purchase  said  lands  (giving  a 
description  thereof  by  legal  subdivision)  under  the  provisions  of  this  act;  that 
he  or  she  has  not  entered  any  portion  of  any  sixteenth  or  thirty-sixth  section 
which,  together  with  that  now  sought  to  be  purchased,  shall  exceed  three  hundred 
and  twenty  acres ;  that  there  is  no  occupation  of  said  lands  adverse  to  any  that 
he  or  she  may  have ;  or,  if  there  shall  be  adverse  occupation,  then  he  or  she  shall 
state  that  the  township  has  been  sectionized  and  subject  to  pre-emption  three 
months  or  over;  and  that  said  adverse  occupant  (giving  his  or  her  name)  has 
been  in  such  occupation  for  more  than  sixty  days;  and  if  the  applicant  be  a 
female,  she  shall  state  that  she  is  entitled  to  purchase  and  hold  real  estate  in  her 
own  name  under  the  laws  of  the  state;  which  application  shall  be  forwarded  to 
the  surveyor-general  of  the  state. 

§  53.  Every  occupant  of  a  sixteenth  or  thirty-sixth  section  shall  be  protected 
in  his  or  her  occupancy  for  six  months  after  the  passage  of  this  act;  and  after  the 
expiration  of  that  time,  any  person  settling  upon  a  sixteenth  or  thirty-sixth 
section  shall  have  sixty  days  after  such  settlement  in  which  to  file  the  applica- 
tion required  in  the  preceding  section.  All  applications  filed  in  the  surveyor- 
general's  office  prior  to  the  expiration  of  said  six  months,  shall  be  retained  until 
the  end  of  that  time  before  approval ;  and  after  the  expiration  of  said  six  months, 
all  applications  shall  be  retained  in  said  office  for  sixty  days  before  approval. 
If  two  or  more  shall  claim  the  same  land,  the  contest  shall  be  determined  as 
provided  in  section  seventeen  of  this  act,  but  no  person  shall  have  a  right  to  pur- 
chase by  reason  of  any  settlement  or  improvement,  unless  application  shall  have 
been  made  within  the  time  above  prescribed.  Whenever  any  resident  of  the 
state  desires  to  purchase  any  of  the  other  lands  mentioned  in  section  fifty-one 
of  this  act,  except  the  sixteenth  and  thirty-sixth  sections,  he  or  she  shall  make 
an  affidavit  before  any  officer  authorized  to  administer  oaths,  that  he  or  she 
is  a  citizen  of  the  United  States  (or,  if  a  foreigner,  then  that  he  has  filed  his 
intention  of  becoming  a  citizen),  a  resident  of  the  [state,  of  lawfiil  age;  that  he 
or  she  desires  to  purchase  said  lands  (giving  a  description  hy  legal  subdivisions) 
under  the  provisions  of  this  act,  and  that  there  is  no  valid  claiyn  to  said  land 
other  than  that  of  the  applicant;  that  he  or  she  has  not  entered  any  land  in  part 
satisfaction  of  the  grant  in  lieu  of  sixteenth  and  thirty-sixth  sections  which 
togeth^.r  with  that  now  sought  to  he  purchased  shall  exceed  three  hundred  amd 
twenti   acres;  and  that  if  the  applicant  he  a  female,  then  that  she  is  entitled  to 


648  SCHOOL,     LANDS — PURCHASE — DUTY     OF     EXAMINERS. 

purchase  and  Jiold  real  estate  in  her  own  name  under  the  laws  of  the  state; 
which  application]  shall  be  forwarded  to  the  surveyor-general.  [Amendment, 
Stats.  1869-70,  875.] 

[The  words  in  italics  in  brackets  in  engrossed  bill,  but  not  appearing  in  the 
approved  bill.] 

§  54.  Warrants  issued  in  pursuance  of  an  act  to  provide  for  the  disposal  of 
the  five  hundred  thousand  acres  of  land,  granted  to  this  state  by  act  of  Congress, 
that  the  people  of  the  state  of  California  may  avail  themselves  of  the  benefits  of 
the  eighth  section  of  the  act  of  Congress  approved  April  fourth,  eighteen  hundred 
and  forty-one,  chapter  sixteen,  entitled  an  act  to  appropriate  the  proceeds  of  the 
sales  of  the  public  lands  and  to  grant  pre-emption  rights,  the  following  pro- 
visions are  hereby  enacted,  approved  May  third,  eighteen  hundred  and  fifty-two, 
shall  be  taken  in  payment  of  any  part  of  the  said  grant  in  the  above  title 
described;  provided,  that  the  said  warrants  shall  be  paid  directly  to  the  register 
of  the  state  land  office,  and  shall  be  by  him  canceled,  before  a  certificate  of  pur- 
chase shall  issue  for  the  said  lands. 

§  55.  Each  application  for  lands  under  the  provisions  of  this  act  shall  be 
accompanied  by  a  fee  of  five  dollars.  The  surveyor-general,  in  addition  there- 
to, shall  demand  and  receive  the  same  fees  allowed  the  register  of  the  state 
land  office  for  like  service.  The  surveyor-general  shall  use  said  fees  so  col- 
lected by  him,  so  far  as  necessary  in  defraying  the  expenses  of  procuring 
maps,  records,  documents  and  extra  assistance  needed  either  by  the  surveyor- 
general  or  the  register  of  the  state  land  office,  and  shall  pay  the  residue  thereof 
into  the  state  treasury,  and  shall  give  a  correct  statement  of  said  expen- 
ditures in  his  biennial  report  to  the  governor.  [Amendment,  Stats.  1869-70, 
875.] 

§  56.  It  shall  be  the  duty  of  the  board  of  examiners  created  by  an  act 
approved  April  twenty-first,  eighteen  hundred  and  fifty-eight,  entitled  an 
act  to  create  a  board  of  examiners,  to  define  their  powers  and  duties,  and  to 
impose  certain  duties  upon  the  controller  and  treasurer,  whenever  it  shall 
appear  to  said  board  that  the  treasurer  of  state  has  received  into  the  treasury 
the  sum  of  ten  thousand  dollars  or  upwards,  paid  in  as  purchase  money  for 
any  portion  of  the  five  hundred  thousand  acres  granted  to  the  state  for  school 
purposes,  for  the  sixteenth  and  thirty-sixth  sections,  or  lands  in  lieu  thereof, 
and  as  often  thereafter  as  the  like  sum  shall  have  been  paid  in  as  aforesaid, 
to  purchase  bonds  of  the  civil  funded  debt  of  the  state  issued  since  the  first 
day  of  January,  A,  D.  eighteen  hundred  and  fifty-eight,  or  that  may  be  here- 
after issued,  to  the  amount  of  said  money  paid  in  as  aforesaid  will  purchase 
at  the  lowest  price  at  which  they  may  be  purchased,  after  advertising  for 
two  weeks  in  one  daily  new^spaper  published  in  the  city  of  San  Francisco, 
and  one  in  the  city  of  Sacramento,  for  sealed  proposals  for  the  sale  of  said 
bonds.  The  said  board  shall  open  said  proposals  at  the  time  and  place  speci- 
fied in  said  publication,  in  the  presence  of  the  treasurer  and  controller  of 
state,  and  accept  only  of  such  proposals  as  offer  bonds  at  the  greatest  discount 
to  the  amount  of  funds  in  the  treasury,  paid  in  as  purchase  money  for  school 
lands,  will  purchase.  Said  board  shall  audit  the  amount  due  said  bidder  or 
bidders  for  his  or  their  bonds,  which  amount  shall  be  certified  to  the  con- 
troller of  state  by  said  board;  the  controller  shall  then  draw  his  warrant  on 


SCHOOL.     LANDS— PAYMENT     0V£:R     OF     MONEYS     FROM.  649 

the  treasurer  for  the  amount  audited  by  said  board,  and  said  board  of  exam- 
iners shall  deliver  said  warrants  to  the  persons  in  M'hose  favor  they  are  drawn ; 
and  the  bonds  so  purchased  shall  be  delivered  to  the  state  treasurer,  who  shall 
keep  said  bonds  as  a  special  deposit  in  his  custody,  marked  "School  Fund," 
to  the  credit  of  said  school  fund ;  provided,  however,  that  no  bonds  shall  be 
purchased  at  more  than  par  value.  All  interest  paid  into  the  treasury  under 
the  provisions  of  this  act  shall  be  subject  to  the  order  of  the  state  board  of 
education.  It  is  further  provided,  that  if  at  any  time  the  board  of  examiners 
shall  have  at  their  disposal  the  sum  of  ten  thousand  dollars  or  upwards,  to 
be  invested  as  contemplated  in  this  act,  for  the  benefit  of  the  state  school 
fund,  and  they  shall  deem  it  for  the  best  interests  of  said  fund,  the 
said  board  are  hereby  authorized  and  empowered  to  become  bidders  for 
the  purchase  of  California  state  bonds,  should  the  treasurer  of  state  have 
advertised  at  such  times  for  the  sale  and  disposal  of  bonds  under  any  law 
already  passed  or  that  may  hereafter  be  passed  by  the  legislature  of  this 
state;  the  bids  of  the  said  board  to  be  made  according  to  law,  and  to  be 
received  by  the  treasurer  of  state  in  the  same  manner  and  under  the  same 
restriction  as  if  received  from  individuals;  and  if  upon  the  opening  of  said 
bids  it  is  found  that  the  board  of  examiners  are  entitled  to  receive  the  amount 
of  their  bid,  or  any  portion  thereof,  the  treasurer  of  state  shall  deliver  to 
the  said  board  the  amount  of  bonds  to  which  they  are  entitled  under  the 
provisions  of  his  advertisement,  and  the  controller  of  state  shall  draw  his  war- 
rant in  favor  of  the  treasurer  for  the  amount  of  the  bid  of  said  board  ac- 
cepted by  said  treasurer  of  state,  and  the  bonds  so  awarded  and  delivered 
to  the  board  of  examiners  shall  be  at  once  placed  to  the  credit  of  the  state 
school  fund,  to  be  held  by  the  state  treasurer  as  a  special  deposit  for  said 
school  fund. 

§  57.  All  moneys,  securities  or  other  property  arising  from  the  sale  of  the 
seventy-two  sections  granted  to  the  state  for  a  seminary  of  learning,  and 
from  the  sale  of  the  ten  sections  granted  to  the  state  for  the  erection  of  pab'ir 
buildings,  whether  as  principal  or  interest,  shall  be  paid  out  of  the  state 
treasury  or  delivered  over,  on  the  order  of  the  board  of  directors  of  the  Agri- 
cultural, Mining  and  Mechanical  Arts  College,  or  to  such  other  corporation 
or  board  as  shall  be  appointed  to  succeed  or  represent  them. 

§  58.  All  persons  who  have  purchased  any  portion  of  either  of  the  grants 
mentioned  in  the  preceding  section,  on  a  credit,  are  hereby  required  to  pay 
the  principal  and  any  interest  that  may  be  due  within  one  year  after  the  pass- 
age of  this  act.  All  amounts  remaining  unpaid  at  the  end  of  that  time  shall 
be  included  in  the  delinquent  list  provided  in  section  six  of  this  act,  and  the 
district  attorney  shall  proceed  against  such  delinquents  as  providi^l  in  sec- 
tions sixty-five,  sixty-six,  sixty-seven  and  sixty-eight  of  this  act;  and  if  such 
lands  revert  to  the  state,  they  shall  be  under  the  control  of  the  board  of  re- 
gents of  the  University,  who  shall  dispose  of  the  same  in  such  manner  and  at 
such  prices  as  they  may  deem  best.     [Amendment,  Stats.  1869-70,  875.] 

§  59.  Any  person  making  application  for  a  duplicate  school-land  warrant, 
in  lieu  of  one  alleged  to  have  been  lost  or  destroyed,  shall  make  satisfactory 
proof,  by  affidavit  of  himself  or  others,  to  the  register  of  the  state  land  office, 
that  the  party  applying  therefor  is  the  bona  fide  owner  of  such  warrant,  that 


650  SCHOOL,     LAXDS— DUPLICATE     SCHOOL,     WARKANTS. 

the  same  has  not  been  located,  and  of  the  facts  establishing  the  loss  or  de- 
struction of  the  same,  and  shall  file  with  the  register  of  the  state  land  office 
a  good  and  sufficient  bond,  in  form  joint  and  several,  with  two  or  more 
sureties,  to  be  approved  by  said  register,  payable  to  the  state  of  California 
in  double  the  value  of  said  school  land  warrant,  conditioned  that  the  said 
warrant  alleged  to  have  been  lost  or  destroyed  shall  not  be  presented  for 
location;  and  in  any  case  where,  for  want  of  a  proper  acknowledgment  of  an 
assignment  of  the  original,  or  partial  destruction  or  defacement  thereof,  or 
for  any  other  cause,  it  cannot  be  made  available,  the  applicant  shall  make 
affidavit  that  he  is  the  owner  of  the  warrant,  together  with  affidavit  of  any 
other  person  or  persons,  to  the  satisfaction  of  the  register,  showing  the  fact 
of  the  assignment  and  that  such  warrant  has  not  been  located,  and  shall  file 
the  original  warrant  for  cancelation  with  the  register  of  the  state  land  office. 
The  said  register  shall  certify  that  the  applicant  is  entitled  to  a  duplicate 
school-land  warrant  in  lieu  of  the  one  proven  to  have  been  lost  or  destroyed,  or 
presented  for  cancelation,  and  upon  presentation  of  such  certificate  to  the 
governor  he  shall  prepare  and  deliver  to  the  said  applicant  a  duplicate  war- 
rant bearing  the  same  number  as  the  original  warrant,  having  the  word 
"Duplicate"  written  across  the  face  thereof,  which  said  warrant  when  so 
issued  shall  be  of  the  same  validity  and  have  the  same  force  and  effect  as  the 
original.  The  register  of  the  state  land  office  shall  in  no  case  give  the  cer- 
tificate above  required  until  he  shall  be  satisfied  that  the  original  has  not 
been  located,  or,  if  located,  that  the  lands  so  located  have  not  been  and  will 
not  be  charged  to  this  state  by  the  federal  government  as  a  portion  of  the 
five  hundred  thousand  acres  of  land  granted  to  this  state  for  internal  im- 
provements. 

§  60.  The  board  of  directors  of  the  Agricultural,  Mining  and  Mechanical 
Arts  College,  or  such  corporations  as  may  be  appointed  by  law  to  succeed 
them,  shall  have  power  to  order  the  selection  of  the  grant  of  one  hundred 
and  fifty  thousand  acres  of  land  granted  to  the  state  for  the  use  of  an  agri- 
cultural college,  and  dispose  of  the  same  at  such  price  and  in  such  manner 
as  they  shall  deem  best  for  the  interests  of  the  college,  and  it  shall  be  the 
duty  of  the  land  agent  of  the  University,  as  the  agent  of  the  state,  to  select 
the  lands  in  the  United  States  land  offices,  according  to  the  instructions  of 
said  board  or  corporation,  and  it  shall  be  the  duty  of  the  said  land  agent  to 
issue  certificates  of  purchase  and  patent  to  purchasers  who  comply  with  the 
conditions  ordained  by  the  said  board  or  corporation,  in  the  manner  pre- 
scribed in  sections  four  and  five  of  this  act ;  and  the  said  board  or  corporation 
shall  invest  any  and  all  moneys  accruing  from  the  sale  of  said  lands  as  they 
shall  deem  best,  subject  only  to  the  conditions  of  the  act  of  Congress  granting 
said  lands.     [Amendment,  Stats.  1869-70,  875.] 

PART  IV.— MISCELLANEOUS  PROVISIONS. 
§  61.  If  any  person,  being  the  legal  holder  of  a  certificate  of  purchase  for 
any  state  lands,  shall  claim  that  said  certificate  has  been  lost  or  destroyed, 
the  register  of  the  state  land  office  shall  proceed  to  take  such  ex  parte  testi- 
mony as  he  shall  deem  expedient  concerning  the  loss  of  the  same;  provided, 
that  said  party  so  applying  shall,  before  the  hearing  of  said  matter,  publish  a 


PATENTS    FOR    LANDS— DELINQUENTS,  651 

notice  in  some  newspaper  published  in  the  county  where  the  said  land  is 
situated;  or  if  there  be  no  newspaper  published  in  the  county,  then  in  some 
newspaper  of  general  circulation  in  the  county,  for  at  least  four  consecutive 
weeks,  describing  the  certificate  and  the  lands  for  which  the  same  was  issued, 
by  legal  subdivisions,  and  giving  the  name  of  the  person  to  whom  it  was 
issued,  and  the  person  then  claiming  to  own  it.  If  the  said  register  shall  be 
satisfied  of  the  loss  or  destruction  of  said  certificate,  he  shall  issue  to  the 
legal  owner  thereof  a  duplicate  certificate,  which  shall  have  the  word 
"Duplicate"  plainly  written  across  the  face  thereof  with  red  ink.  Said 
duplicate,  w^hen  issued,  shall  have  all  the  force  and  effect  of  an  original. 
If  there  shall  be  a  contest  as  to  the  issuance  of  a  duplicate  certificate,  the 
register  shall  hear  and  determine  said  contest,  or  transfer  the  same  to  the 
proper  court,  as  provided  in  section  seventeen  of  this  act. 

§  62.  In  all  cases  where  patents  for  lands  have  been  or  may  hereafter  be 
issued,  in  pursuance  of  any  law  of  this  state  or  of  the  United  States,  to  a  per- 
son who  has  died  or  shall  hereafter  die  before  the  date  of  such  patent,  the  title 
to  the  land  designated  therein  shall  inure  to  and  become  vested  in  the  heirs, 
devisees  or  assignees  of  such  deceased  patentee  as  if  the  patent  had  issued 
to  the  deceased  person  during  life. 

§  63.  In  the  event  of  any  of  the  lands  sold  by  the  state  proving  to  be  within 
the  boundaries  of  a  grant,  or  otherwise  not  the  property  of  the  state,  the  holder 
or  assignee  of  the  certificate  of  purchase  or  patent  shall  be  entitled  to  receive 
in  exchange  therefor  a  certificate  from  the  register  of  the  state  land  office 
that  such  amount  has  been  paid.  This  certificate  shall  specify  the  kind  or 
class  of  land  upon  which  the  said  amount  was  paid,  and  the  controller  of  state, 
upon  the  presentation  and  surrender  to  him  of  said  certificate,  shall  draw  his 
warrant  upon  the  treasurer  of  state,  or  upon  the  county  treasurer  of  the 
county  wherein  the  land  is  situated,  if  the  same  is  swamp-land,  in  favor  of 
the  owner  and  holder  of  said  certificate,  for  the  amount  therein  specified,  pay- 
able out  of  the  proper  fund,  and  the  treasurer  of  state  shall  pay  said  warrant 
drawn  in  pursuance  of  the  provisions  of  this  section.  [Amendment,  Stats. 
1869-70,  875.] 

§  64.  Whenever  a  purchaser  of  any  state  land  upon  a  credit  desires  to 
abandon  the  location  or  entry  made  by  him,  he  shall  do  so  by  acknowledgment 
and  reconveyance  of  his  title  to  the  state,  and  shall  surrender  the  certificate  of 
purchase,  or,  if  the  same  has  been  lost,  send  to  the  register  an  affidavit  of 
the  fact. 

§  65.  Upon  receipt  of  the  delinquent  list  aforesaid  from  the  register  of  the 
state  land  office,  as  provided  in  section  six,  the  district  attorney  shall  add 
thereto  a  notice  that  if  the  said  amount  due  shall  not  be  paid  in  fifty  days  after 
the  date  thereof,  he  will  commence  suit  to  foreclose  the  interest  of  said  pur- 
chasers in  the  said  lands,  and  shall  publish  said  list,  with  said  notice  appended, 
for  four  consecutive  weeks  immediately  following  the  date  of  the  notice ;  or  if 
there  shall  be  no  newspaper  published  in  said  county,  then  he  shall  post  copies 
of  the  same  in  at  least  five  public  places  in  the  county.  After  the  expiration 
of  the  fifty  days,  the  district  attorney  shall,  in  the  name  of  the  people  of  the 
state  of  California,  commence  an  action  in  the  district  court  against  all  pur- 


652  CERTIFICATE   HOLDERS — DECREE   FORECLOSING   INTEREST. 

chasers  or  holders  of  certificates  of  purchase  who  have  not  either  paid  said 
amount  so  due,  together  with  the  cost  of  publication,  or  surrender  the  title 
to  the  state,  as  provided  in  the  preceding  section,  to  obtain  a  decree  of  fore- 
closure of  the  interest  of  the  purchaser  or  holder  of  the  certificate  of  purchase 
in  the  land,  and  to  annul  said  certificate  of  purchase.  If  the  name  of  the 
holder  of  the  certificate  be  not  known,  he  may  be  sued  under  a  ficitious  name,, 
and  service  of  the  summons  may  be  had  by  publication  in  some  newspaper 
published  in  the  county  for  four  weeks ;  or  if  no  newspaper  be  published  in  the 
county,  then  by  posting  one  copy  of  the  summons  for  four  weeks  at  the  court- 
house door  of  the  county,  and  two  copies  in  public  places  in  the  township 
where  the  land  is  situated. 

§  66,  When  a  decree  shall  have  been  obtained,  and  within  twenty  days 
after  the  entering  up  of  said  decree,  the  district  attorney  shall  cause  a  certified 
copy  of  said  decree  to  be  filed  in  the  office  of  the  register  of  the  state  land 
office,  and  another  certified  copy  in  the  recorder's  office  of  the  county  in  which 
the  land  is  situate.  The  holder  of  the  certificate  of  purchase  may,  at  any  time 
before  the  expiration  of  the  twenty  days  provided  for  filing  a  certified  copy  of 
the  decree  in  the  office  of  the  register  of  the  state  land  office  and  recorder 
of  the  county,  pay  to  the  sheriff,  for  the  state,  the  amount  due  the  state  and 
the  costs  of  suit  that  have  accrued  up  to  the  tim3  of  payment;  whereupon  the 
district  attorney  shall  dismiss  the  suit,  and  the  purchaser  or  holder  of  the 
certificate  of  purchase  shall  be  restored  to  his  rights  in  the  land,  the  same  as 
if  no  neglect  or  forfeiture  had  been  made.  The  district  attorney  shall  be 
entitled  to  receive  ten  dollars  for  each  suit  brought. 

§  67.  After  the  decree  of  the  court  foreclosing  the  interest  of  the  pur- 
chaser or  the  holder  of  the  certificate  has  been  entered,  and  the  certified 
copies  filed  in  the  offices  of  the  recorder  of  the  county  and  the  state  land  regis- 
ter, the  land  shall  be  subject  to  entry  and  sale,  and  a  certificate  of  purchase 
may  be  issued,  in  the  same  manner  as  if  the  land  had  never  been  entered  and 
sold.  Upon  the  obtaining  of  a  decree  foreclosing  the  interest  of  the  pur- 
chaser or  of  his  assigns  in  the  land,  and  annulling  the  certificate  of  purchase, 
the  expenses  and  cost  shall  be  taxed  by  the  court  against  the  defendant,  and 
execution  shall  issue  thereon;  but  if  there  be  not  sufficient  property  belonging 
to  defendant  found  to  satisfy  the  same,  and  the  execution  returned  not  satis- 
fied, then  the  same  shall  be  paid  from  the  twenty  per  centum  of  the  principal 
of  the  purchase  money,  or  from  the  interest  paid  by  the  purchaser  at  the  time 
of  the  original  location  and  entry  of  the  land;  provided,  that  the  total  cost 
shall  not  be  taxed  at  a  sum  in  any  case  to  exceed  thirty-two  dollars;  pro- 
vided further,  that  the  cost  of  the  publication  required  in  section  sixty-five 
shall  not  be  a  part  of  the  thirty-two  dollars ;  but  the  same  shall,  if  it  cannot  be 
collected  of  the  purchaser,  if  the  lands  described  be  swamp  and  overflowed, 
salt-marsh  or  tide  lands,  be  paid  out  of  the  swamp-land  fund,  on  the  order  of 
the  board  of  supervisors;  or  if  any  class  of  school  lands,  then  out  of  the  general 
fund  of  the  state. 

§  68.  Any  person  having  a  good  and  sufficient  conveyance  to  the  whole 
or  any  portion  of  the  lands  described  in  any  certificate  of  purchase,  to  annul 
which  suit  shall  have  been  commenced  as  above  provided,  but  to  whom  the 
certificate  has  never  been  surrendered,  shall  have  a  right  to  defend  said  action ; 


CERTIFICATE     OF     PURCHASE— SAL,E     AAD     TRANSFER.  653 

and  if  he  or  she  shall  show,  to  the  satisfaction  of  the  court,  that  he  or  she  is 
entitled  to  any  portion  of  the  lands  described,  and  if  the  holder  of  said  cer- 
tificate does  not  come  forward  and  pay  the  amount  due,  then  the  court  shall 
order  the  certificate  annulled,  and  a  new  one  to  issue  to  the  defendant  by  the 
payment,  in  open  court,  by  the  defendant,  of  the  amount  due  the  state  upon 
the  whole  tract;  and  the  said  defendant  shall  thereupon  be  entitled  to  two 
certified  copies  of  said  decree,  one  of  which  he  shall  file  [in]  the  county  re- 
corder's office,  and  the  other  with  the  register  of  the  state  land  office. 

§  69.  Certificates  of  purchase  and  all  rights  acquired  thereby  shall  be  sub- 
ject to  sale  and  transfer,  by  deed  or  assignment,  executed  and  acknowledged 
before  any  officer  authorized  by  law  to  take  acknowledgments  of  deeds,  or 
before  said  register ;  but  all  such  sales  or  transfers  shall,  when  recorded  by  the 
county  recorder,  be  reported  by  him  to  the  register,  to  be  entered  in  the  books 
of  his  office;  and  the  said  recorder  shall  be  entitled  to  receive  from  the  pur- 
chaser or  transferee,  for  so  reporting  the  same,  a  fee  of  fifty  cents  in  addition 
to  that  already  allowed  for  recording. 

§  70.  All  the  swamp  and  overflowed,  salt-marsh  and  tide  lands  within  one 
mile  of  the  state  prison  at  San  Quentin,  within  five  miles  of  the  city  and 
county  of  San  Francisco,  within  five  miles  of  the  corporate  limits  of  the 
city  of  Oakland,  and  within  two  miles  of  any  town  or  village,  are  hereby 
excluded  from  the  provisions  of  this  act ;  provided,  that  this  act  shall  not  be 
construed  to  authorize  the  sale  of  any  land  below  low  tide.  [Amendment, 
Stats.  1869-70,  875.] 

[The  amendatory  act  of  1869-70  also  contained  the  following  section:  "§  9. 
All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed,  and  this  act  shall  take  efi:ect  from  and  after  its  passage."] 

§  71.  An  act  entitled  an  act  to  provide  for  the  disposal  of  the  five  hundred 
thousand  acres  of  land  granted  to  this  state  by  act  of  Congress,  that  the  people 
of  the  state  of  California  may  avail  themselves  of  the  benefits  of  the  eighth  sec- 
tion of  the  act  of  Congress  approved  April  fourth,  eighteen  hundred  and  forty- 
one,  chapter  sixteen,  entitled  an  act  to  appropriate  the  proceeds  of  the  sales 
of  the  public  lands  and  to  grant  pre-emption  rights,  the  following  provisions 
are  hereby  enacted,  approved  May  third,  eighteen  hundred  and  fifty-two;  an 
act  entitled  an  act  to  provide  for  the  selection  of  lands  donated  by  the 
United  States,  for  the  support  of  common  schools,  and  for  the  erection  of 
public  liuildings,  approved  May  seventh,  eighteen  hundred  and  fifty-five;  an 
act  entitled  an  act  to  provide  for  the  location  and  sale  of  the  unsold  portion 
of  the  five  hundred  thousand  acres  of  land  donated  to  this  state  for  school 
purposes,  and  the  seventy-two  sections  donated  to  this  state  for  the  use  of  a 
seminary  of  learning,  approved  April  twenty-third,  eighteen  hundred  and 
fifty-eight ;  an  act  entitled  an  act  authorizing  the  location  and  protection  of 
school  lands,  approved  April  thirtieth,  eighteen  hundred  and  fifty-seven;  an 
act  entitled  an  act  to  provide  for  the  sale  of  the  sixteenth  and  thirty-sixth 
sections  of  land  donated  to  this  state  for  school  purposes  by  act  of  Congress 
passed  March  third,  eighteen  hundred  and  fifty-three,  approved  April  twenty- 
sixth,  eighteen  hundred  and  fifty-eight;  an  act  entitled  an  act  to  provide  for 
the  issuance  of  patents  to  lands  located  with  state  school  land  warrants,  and 
for  lands  purchased  under  the  act  of  April  twenty-third,   eighteen  hundred 


054  DISPOSAL     OP     ADDITIONAIi     LANDS     GRANTED. 

and  fifty-eight,  approved  April  sixteenth,  eighteen  hundred  and  fifty-nine; 
an  act  entitled  an  act  to  provide  for  the  location  of  school  land  warrants  upon 
unsurveyed  lands,  and  for  the  issuance  of  title  for  the  same,  approved  April 
eighteenth,  eighteen  hundred  and  fifty-nine;  an  act  entitled  an  act  to  provide 
for  the  sale  of  the  swamp  and  overflowed  lands  belonging  to  this  state, 
approved  April  twenty-eighth,  eighteen  hundred  and  fifty-five ;  an  act  entitled 
an  act  to  provide  for  the  authentication  of  certain  evidence  in  relation  to 
swamp  and  overflowed  lands  heretofore  sold  by  this  state,  approved  March 
thirteenth,  eighteen  hundred  and  fifty-eight;  an  act  entitled  an  act  to  provide 
for  the  sale  and  reclamation  of  the  swamp  and  overflowed  lands  of  this  state, 
approved  April  twenty-first,  eighteen  hundred  and  fifty-eight ;  an  act  entitled 
an  act  for  the  relief  of  the  purchasers  of  lands  from  the  state  of  California, 
approved  April  eighth,  eighteen  hundred  and  fifty-nine;  an  act  entitled  an 
act  making  certificates  of  purchase  or  of  location  evidence  of  title,  approved 
April  thirteenth,  eighteen  hundred  and  fifty-nine ;  an  act  entitled  an  act  to  give 
effect  to  patents  for  lands  issued  in  the  name  of  deceased  persons,  approved 
February  thirteenth,  eighteen  hundred  and  sixty;  an  act  entitled  an  act  to 
extend  the  time  for  the  payment  of  the  principal  of  the  purchase  money  on 
lands  sold  by  the  state  on  a  credit,  approved  February  fifth,  eighteen  hundred 
and  sixty-one ;  an  act  entitled  an  act  to  provide  for  the  annulling  of  certificates 
of  purchase  of  lands  sold  on  a  credit  and  declared  forfeited  for  non-payment 
of  interest  or  principal,  and  for  the  relief  of  purchasers  of  swamp  and  over- 
flowed lands,  approved  April  ninth,  eighteen  hundred  and  sixty-one ;  an  act 
entitled  an  act  in  relation  to  the  entry  of  lands  in  certain  cases,  and  to  pro- 
vide for  the  issuance  of  patents  therefor,  approved  April  twenty-ninth,  eighteen 
hundred  and  sixty-one;  an  act  entitled  an  act  to  provide  for  the  reclamation 
and  segregation  of  swamp  and  overflowed,  and  salt-marsh  and  tide  lands 
donated  to  the  state  of  California  by  act  of  Congress,  approved  May  thir- 
teenth, eighteen  hundred  and  sixty-one;  an  act  entitled  an  act  to  provide  for 
the  sale  of  the  marsh  and  tide  lands  of  this  state,  approved  May  fourteenth, 
eighteen  hundred  and  sixty-one;  an  act  entitled  an  act  to  provide  for  the 
reclamation  of  the  salt-marsh  and  tide  lands,  approved  April  twenty-seventh, 
eighteen  hundred  and  sixty-three;  an  act  entitled  an  act  to  suspend  the  laws 
allowing  the  sale  of  unsurveyed  lands,  and  relating  to  the  issuance  of  patents, 
approved  April  first,  eighteen  hundred  and  sixty-four;  an  act  entitled  an  act 
in  relation  to  swamp-land  district  funds,  approved  April  fourth,  eighteen 
hundred  and  sixty-four;  an  act  entitled  an  act  creating  a  state  land  office  for 
the  state  of  California,  approved  April  tenth,  eighteen  hundred  and  fifty- 
eight;  an  act  entitled  an  act  to  authorize  the  register  of  the  state  land  office  to 
issue  duplicate  certificates  of  purchase  to  school,  or  swamp  and  overflowed, 
and  salt-marsh  and  tide  lands,  when  the  originals  have  been  lost  or  destroyed, 
approved  April  fifteenth,  eighteen  hundred  and  sixty-two;  an  act  entitled 
an  act  fixing  the  salary  of  the  register  of  the  state  land  office,  approved  April 
twenty-eighth,  eighteen  hundred  and  sixty;  an  act  entitled  an  act  in  relation  to 
the  register  of  the  state  land  office,  approved  April  third,  eighteen  hundred 
and  sixty-two;  an  act  entitled  an  act  to  provide  for  the  sale  of  certain  lands 
belonging  to  the  state,  approved  April  twenty-seventh,  eighteen  hundred  and 
sixty-three;  an  act  entitled  an  act  to  provide  for  the  issuance  of  patents  to 


LANDS     OF     STATE — MANAGEMENT     AND      SALE     OF.  655 

lands  located  with  state  school  land  warrants,  and  for  lands  purchased  under 
the  act  of  April  twenty-third,  eighteen  hundred  and  fifty-eight,  approved  April 
sixteenth,  eighteen  hundred  and  fifty-nine ;  an  act  entitled  an  act  to  provide 
for  the  selection  of  the  lands  donated  to  the  state  of  California  by  act  of  Con- 
gress approved  July  second,  A.  D.  eighteen  hundred  and  gixty-two ;  for  the  en- 
dowment of  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,  and 
all  lands  that  may  be  granted  to  the  state  for  like  purpose,  approved  April 
second,  eighteen  hundred  and  sixty-six;  and  all  acts  amendatory  of  or  sup- 
plemental to  any  of  the  foregoing  acts,  and  all  other  acts  or  parts  of  acts 
in  conflict  with  the  provisions  of  this  act,  are  hereby  repealed ;  provided,  how- 
ever, that  the  provisions  of  this  act  shall  not  in  any  manner  affect  any  legal 
or  equitable  claims,  now  existing  on  any  of  the  lands  hereinbefore  described, 
in  favor  of  any  claimant  under  the  state,  nor  affect  any  suit  or  proceeding 
which  is  now  pending  respecting  the  same,  arising  out  of  any  claims  now 
made ;  but  the  courts  of  the  state  may  proceed  and  adjudicate  upon  said  rights, 
and  patents  or  other  evidences  of  title  may  issue  for  the  same  to  the  parties 
entitled  thereto,  under  any  existing  laws  of  this  state,  the  provisions  of  this 
act  to  the  contrary  notwithstanding. 

§  72.  Immediately  after  the  passage  of  this  act  the  state  printer  shall  print 
two  thousand  copies  of  the  same  in  pamphlet  form  and  deliver  them  to  the 
register  of  the  state  land  office  for  distribution  to  state  and  county  officers. 

As  to  part  II  of  the  foregoing  statute  Reclamation  Districts.  And  see  decisions 
of  1868,  relating  to  swamp-lands,  see  next  upon  the  entire  subject  following  the  sup- 
following    supplementary    statute,    and    see       plementary   statute. 

An  act  supplementary  to  an  act  to  provide  for  the  management  and  sale  of 
the  lands  belonging  to  the  state,  approved  March  twenty-eight  (28), 
eighteen  hundred  and  sixty-eight  (1868). 

(Stats.  1869-70,  878,  ch.  DLXXV.) 

§  1.  All  settlers  upon  the  swamp  and  overflowed  lands  belonging  to  the 
state,  whose  settlement  is  evidenced  by  actual  inclosure,  or  by  ditches,  plough 
furrows  or  monuments,  showing  clearly  the  metes  and  bounds  of  their  posses- 
sory claim,  and  the  same  are  occupied  for  purposes  of  tillage  or  grazing,  are 
hereby  recognized  as  possessing  an  equitable  claim  to  the  land  so  inclosed  or 
occupied  by  them,  within  the  true  intent  and  meaning  of  the  act  to  which 
this  is  supplementary,  and  are  declared  preferred  purchasers  for  such  lands 
to  the  extent  of  such  inclosure  or  occupancy,  within  the  limits  of  time  herein- 
after set  forth;  and  the  county  surveyor  shall  return  surveys  of  such  settlers 
in  accordance  with  the  lines  of  their  possessory  claims,  connecting  the  same 
with  the  United  States  surveys. 

§  2.  The  surveyor-general  of  the  state  shall  not  approve  nor  shall  the  regis- 
ter of  the  state  land  office  issue  title  for  any  swamp  and  overflowed  land,  until 
six  months  after  the  same  shall  have  been  segregated  by  authority  of  the 
United  States,  or  of  the  state,  by  legislative  enactment;  and  for  ninety  days 
after  the  filing  of  plats  showing  said  line  of  segregation  in  the  United  States 
land  office  for  the  district  in  which  the  land  is  situate,  the  settlers  possessing 
equitable  claims  under  section  one  of  this  act  shall  be  deemed  preferred  pur- 
chasers and  shall  file  their  applications  for  survey  of  their  possessory  claims 


65« 


L.ANDS    OF    STATE— PROTECTION    OF    BONA    FIDE    SETTLERS. 


with  the  county  surveyor  of  the  county  in  which  the  land  is  situate  within  the 
said  ninety  days. 

§  3.  The  provisions  of  this  act  shall  not  apply  to  any  lands  within  the  limits 
of  the  county  of  San  Francisco,  or  within  five  miles  of  the  exterior  boundaries 
of  said  county. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


STATS.    1867-8    REPEALED It     is     held 

that  the  foregoing  act  repealed  all  former 
statutes  on  same  subject. — See  Kings  Coun- 
ty vs.  Tulare  County,  119  Cal.  509-512,  51 
Pac.  Rep.  866;  People  ex  rel.  Thisby  vs. 
Reclamation  Dist.,  130  Cal.  607-610,  63 
Pac.  Rep.  27,  and  cases  cited  in  those 
decisions. 

STATS.  1867-8,  507. — §  4 — Young  vs.  Shinn, 
48  Cal.  26,  28.  §§  12,  52 — Oakley  vs.  Stuart, 
52  Cal.  521,  534.  §§  16,  23— Rowell  vs.  Per- 
kins, 56  Cal.  219,  223.  §  17 — People  vs.  Car- 
rick,  51  Cal.  325,  328;  Perri  vs.  Beaumont, 
91  Cal.  30,  33,  27  Pac.  Rep.  534.  §  22 — 
Klauber  vs.  Higgins,  117  Cal.  451,  457,  49 
Pac.  Rep.  466.  §  23 — People  ex  rel.  Lynch 
vs.  Martz,  74  Cal.  110,  111,  15  Pac.  Rep.  449. 
§  29— Hopkins  vs.  Orcutt,  51  Cal.  537.  §§  29, 
33,  34 — Hagar  vs.  Board  Supervisors,  51- 
Cal.  474-476;  §§30,  31 — People  vs.  Haggin, 
57  Cal.  579,  585.  §30 — People  vs.  Reclama- 
tion Dist,  121  Cal.  522,  523-527,  50  Pac.  Rep. 
1068,  53  Pac.  Rep.  1085.  §§30,  31,  35 — People 
vs.  Haggin,  57  Cal.  579,  585.  §§  30-43 — Rec- 
lamation Dist.  vs.  Goldman,  65  Cal.  635,  636, 
4  Pac.  Rep.  676.  §§32,  33,  35,  46 — People  vs. 
Hagar,  52  Cal.  171,  181-188.  §§32,  47,  71— 
People  ex  rel.  Thisby  vs.  Reclamation  Dist., 
130  Cal.  607,  609,  63  Pac.  Rep.  27.  §§33-36— 
Moulton  vs.  Parks,  64  Cal.  167,  175,  30  Pac. 
Rep.  613.  §§33,  34 — Swamp  L.  Dist.  vs. 
Haggin,  64  Cal.  204,  206-209,  30  Pac.  Rep. 
631.  §§33-35 — Reclamation  Dist.  vs.  Parvln, 
67  Cal.  501,  502,  8  Pac.  Rep.  43.  §  34 — Recla- 
mation Dist.  vs.  Hagar,  66  Cal.  54,  56,  4  Pac. 
Rep.  945.  §  35 — People  vs.  Ahern,  52  Cal. 
208,  211;  People  vs.  Hagar,  52  Cal.  171,  181; 
Reclamation  Dist.  vs.  Goldman,  61  Cal.  205, 
207.  §  43 — People  ex  rel.  Attorney-General 
vs.  Parvin,  74  Cal.  549,  550,  16  Pac.  Rep. 
490.      §  51— Rowell   vs.    Perkins,    56   Cal.    219, 


223.  §  52 — Gilson  vs.  Robinson,  68  Cal.  539, 
542,  10  Pac.  Rep.  193.  §§  53-58 — Cucamonga 
P.  L.  Co.  vs.  Moir,  83  Cal.  101,  106,  2?  Pac. 
Rep.  55,  23  Pac.  Rep.  359.  §  55 — People  vs. 
Gardner,  55  Cal.  304,  307.  §§  66,  67— Hyde 
vs.  Redding,  74  Cal.  493,  502,  16  Pac.  Rep. 
380.  §  69— People  vs.  Blake,  84  Cal.  611,  615, 
22  Pac.  Rep.  1142,  24  Pac.  Rep.  313.  §70 — 
Easton  vs.  O'Reilly,  63  Cal.  305,  308;  Klau- 
ber vs.  Higgins,  117  Cal.  451,  460,  49  Pac. 
Rep.  466;  People  vs.  Hagar,  49  Cal.  229-232; 
People  vs.  Houston,  54  Cal.  536,  537;  John- 
son vs.  Squires,  55  Cal.  103,  104;  People 
vs.  Gardner,  55  Cal.  304,  306;  Upham  vs. 
Hosklng,  62  Cal.  250,  258;  Heath  vs.  Wallace, 
71  Cal.  50,  53,  11  Pac.  Rep.  842;  Manley  vs. 
Cunningham,  72  Cal.  236,  238,  13  Pac.  Rep. 
622;  Marshall  vs.  Farmers'  Bank,  115  Cal. 
330,  333,  42  Pac.  Rep.  418,  4*7  Pac.  Rep.  52; 
Hooper  vs.  Young,  140  Cal.  274,  279,  98  Am. 
St.  Rep.  56,  73  Pac.  Rep.  140;  Miller  vs. 
Grunsky,  141  Cal.  441,  446,  66  Pac.  Rep.  858, 
75  Pac.  Rep.  48. 

STATS.  1871-2,  858. — Swamp  Land  Dist. 
vs.  Haggin,  64  Cal.  204,  209,  30  Pac.  Rep. 
631;  Reclamation  Dist.  vs.  Goldman,  65  Cal. 
635,  638,  4  Pac.   Rep.   676. 

STATS.  1869-70,  875,  878. — §  2 — Cox  VS. 
Jones,  47  Cal.  412,  413;  Christman  vs.  Brain- 
ard,  51  Cal.  534,  537.  §§  11,  12— Rogers  vs. 
Shannon,  52  Cal.  99,  106.  §  12 — Gilson  vs. 
Robinson,  68  Cal.  539,  543,  10  Pac.  Rep.  193. 
§  23 — Rowell  vs.  Perkins,  56  Cal.  219,  224. 
§  53 — Copp  vs.  Harrington,  47  Cal.  236,  240. 
§55 — People  vs.  Gardner,  55  Cal.  304,  307; 
Ramsey  vs.  Flournoy,  58  Cal.  260,  261;  Peo- 
ple vs.  Donnelly,  58  Cal.  144,  145;  Easton  vs. 
O'Reilly,  63  Cal.  305,  309;  People  ex  rel. 
Eadie  vs.  iNoyo  Lumber  Co.,  99  Cal.  456,  460, 
34  Pac.  Rep.  96. 

See  tit.  Mineral  Lands. 


LANDS  OF  STATE— SIXTEENTH  AND  THIRTY-SIXTH  SECTIONS. 

To  protect  bona  fide  settlers  upon  public  lands. 
(Stats.  1873-4,  543,  ch.  CCCLXXX.) 

§  1.  Bona  fide  settlers  upon  any  sixteenth  or  thirty-sixth  section,  which 
at  the  time  of  such  settlement  was  embraced  within  any  survey  made  under 
claim  or  color  of  any  Spanish  or  Mexican  grant,  but  which  has  since  been  or 
hereafter  may  be  restored  to  the  public  domain  by  the  proper  officers  of  the 
government  of  the  United  States,  shall  be  preferred  purchasers  for  the  lands 
so  settled  upon  by  them  to  the  lines  of  their  actual  possession,  and  in  accord- 
ance with  the  general  system  of  government  surveys,  and  not  exceeding  three 
hundred  and  twenty  acres ;  and  all  applications  made  by  such  settlers  to  pur- 
chase said  lands  from  the  state  within  one  year  from  the  date  of  such  restora- 


STATE    LANDS— RKSERVKD    SECTIONS.  657 

tion,  are  hereby  declared  to  entitle  said  settlers  to  become  preferred  purchasers 
for  the  lands  so  held  as  aforesaid,  in  the  same  manner  and  to  the  same  extent 
as  if  made  within  the  sixty  days,  as  now  provided  for  by  law ;  and  said  sixty 
days  preferment  is  hereby  extended  to,  and  declared  to  be,  one  year  from  the 
date  of  said  restoration ;  and  all  such  applications  made  within  one  year  from 
the  date  of  said  restoration  shall  be  held  and  deemed  as  valid  and  binding 
as  if  made  within  sixty  days  from  the  date  of  said  settlement. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  next  foUowing-  statute;  also  see  statute,  post,  for  Relief  of  Purchasers,  p.  658. 
JLands — State,   1871-2,    587,   amended  1877-8,    914,   and    note    thereunder. 

LANDS  OF  STATE— SIXTEENTH  AND  THIRTY-SIXTH  SECTIONS. 

To  provide  for  the  applications  for  purchase  of  sixteenth  and  thirty-sixth  sec- 
tions, and  to  regulate  the  application  for  purchase  of  such  sections,  and 
requiring  a  deposit  to  accompany  all  applications  for  the  purchase  of  the 
same. 

(Stats.  1889,  434,  eh.  CCLXXXI.) 

§  1.  Every  application  to  purchase  any  portion  of  the  sixteenth  and  thirty- 
sixth  sections  shall  be  accompanied  by  a  deposit  of  twenty  dollars,  in  addition 
to  the  fee  for  filing  now  required  by  law,  for  which  the  surveyor-general  shall 
give  the  applicant  a  receipt,  which  receipt  shall  be  accepted  by  the  county 
treasurer  in  part  payment  of  the  purchase  price  of  said  land.  If  the  appli- 
cant shall  abandon  or  forfeit  his  said  application,  or  shall  fail  to  make  proper 
proof  as  to  the  character  of  the  said  land,  or  as  to  his  residence  thereon, 
within  the  time  allowed  by  law,  or  if  his  application  shall  be  rejected  by  rea- 
son of  any  false  statement  in  the  affidavit  herein  contained,  the  twenty  dollars 
thus  paid  shall  go  to  the  state  school  fund.  If  it  is  found  that  the  surveyor- 
general  erred  in  receiving  the  application,  or  that  the  state  cannot  make  a 
good  title  to  the  land,  then  the  applicant  or  his  assigns  may  surrender  to  the 
surveyor-general  the  said  receipt,  and  receive  in  exchange  therefor  a  cer- 
tificate showing  the  amount  so  paid,  and  the  reason  why  the  application  could 
not  be  approved  or  perfected,  and  the  controller,  upon  the  surrender  to  him 
of  the  said  surveyor-general's  certificate,  shall  issue  to  the  applicant,  or  his 
assigns,  a  warrant  for  the  said  amount. 

§  2.  Any  number  of  filings  on  any  section  of  land  is  hereby  permitted  and 
allowed  under  the  provisions  of  this  act.  Should  the  first  filing  be  abandoned  by 
the  applicant,  the  next  filing  on  such  section,  in  order,  shall  have  the  same  right 
as  if  it  had  been  the  first  filing. 

§  3.  The  moneys  received  by  the  surveyor-general  under  the  provisions  of 
this  act,  except  the  moneys  forfeited  under  section  one,  shall  be  paid  to  the 
state  treasurer  at  the  close  of  each  month,  and  must  be  placed  in  a  fund  to 
be  called  "School  Land  Deposit  Fund,"  to  the  credit  of  the  county  in  which 
the  lands  applied  for  are  situated.  When  any  moneys  are  placed  in  the 
"School  Deposit  Fund"  to  the  credit  of  a  county,  the  controller,  at  the  next 
settlement  with  the  controller  by  the  treasurer  of  such  county,  must  draw  his 
warrant  upon  the  state  treasurer  for  the  amount  in  the  fund  to  the  credit  of 
the  county;  provided,  that  the  direction  herein  to  the  controller  is  exempted 

Gen.   Laws — 42 


ess  STATE    liANDS— RELIEF     OP    PURCHASERS. 

from  the  operations  of  section  six  hundred  and  seventy-two  of  the  Political 
Code. 

Buttle  vs.  Wright,  139  Cal.  624,  625,  73  Pac.  Rep.  454. 

LANDS  OF  STATE— RELIEF  OF  PURCHASERS. 

To  enable  purchasers  of  state  lands  to  redeem  the  same,  where  their  titles 
have  been,  or  may  hereafter  be  foreclosed  for  non-payment  of  interest. 

(Stats.  1881,  66,  ch.  LV.) 

§  1.  In  all  cases  where  the  title  of  purchasers  of  land  from  the  state  has 
been  foreclosed,  or  attempted  to  be  foreclosed,  or  that  may  hereafter  be  fore- 
closed, for  non-payment  of  interest,  said  purchasers,  their  executors,  adminis- 
trators, or  successors  in  interest  shall  have,  twelve  months  after  said 
foreclosures  are  or  have  been  completed,  within  which  to  redeem  such  land,  by 
paying  to  the  county  treasurer,  for  the  benefit  of  the  fund,  or  parties  entitled 
thereto,  all  delinquent  interest,  and  interest  that  would  have  accrued  in  case 
there  had  been  no  foreclosure;  also,  all  costs  of  foreclosure  to  be  paid  to  the 
fund,  or  the  parties  who  paid  said  costs.  When  said  payments  are  made,  and 
indorsed  on  the  certificate  of  purchase,  specifying  the  amount  paid  as  interest 
and  for  costs,  and  duly  reported  to  the  register  of  the  land  office,  the  annul- 
ments shall  be  canceled  by  said  officer,  and  the  rights  of  the  purchaser  shall 
thereby  be  fully  restored. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

MarshaU  vs.  Farmers'  Bank,  115  Cal.  330,       998;  Lux  vs.  Haggin,  69  Cal.  255,  426,  10  Pac. 
333,  42  Pac.  Rep.  418,  47  Pac.  Rep.  52;  Peo-       Rep.  674. 
pie  vs.  Norris,  144  Cal.  422,  425,  77  Pac.  Rep. 

LANDS    OF   STATE— BEACH   AND   WATER   LOTS. 

To  provide  for  the  disposition  of  certain  property  of  the  state  of  California. 

(Stats.  1851,  307,  ch.  41.) 

BEACH     AND    WATER     LiOTS     OF     SAN  above.     The  latter  statute  was  supplemented 

FRANCISCO. — By  the  above-mentioned  stat-  by  Stats.  1855,  226,  and  1858,  139. 

ute  the  state  granted  to  San   Francisco   for  By  Stats.  1858,  323,  the  governor  was  au- 

a    period    of    ninety-nine    years    the    beach  thorized    to    sell    certain    of    the    beach    and 

and  water  lots  within  certain   limits,  to  be  water    lots    remaining    and    situate    between 

thereafter  defined  by  a  red  line  on  a  map  to  Sacramento    and    Clay    streets,    confirming 

be    procured    by    San    Francisco    and    to    be  streets  that  had  been  laid  out  crossing  the 

deposited  in  the  offices  of  secretary  of  state  tract;    and   by   Stats.    1877-8,    417,    the    deeds 

and  state  surveyor-general.    The  red  line  is  of   the    commissioners    appointed    under    the 

to  denote  the  permanent  line  of  the  water-  statutes    of    1851    and    1853    to    certain    lots 

front.      This    statute    expressly    reserved    to  believed    to    be    outside    of    the    water-front 

the  state  its  right  to  regulate  the  construe-  line,  as  defined  by  those  statutes,  were  con- 

tion  of  wharves  and  other  Improvements.  firmed  and  made  valid. 

By  statute  of  same  year   (p.  311,  ch.  44),  The   subject  is  now  past  history,   but  the 

San  Francisco  was  empowered  to  construct  following  decisions  are  given  for  the  bene- 

wharves  at  the  ends  of  streets  to  a  distance  fit  of  those  desiring  to  investigate: 

not    exceeding    two    hundred    yards    beyond  Stats.    1851,    307;    1853,    219.  —  Chapin    vs. 

the    line   of   beach   and   water  lots,    and    the  Bourne,  8  Cal.   294;  HoUaday  vs.  Frisbie,  15 

right  of  the  state  to   beach  and  water  lots,  Cal.  630,  631;  Wheeler  vs.  Miller,  16  Cal.  125. 

with    certain   reservations;   but   this    statute  Concerning  the  relation  of  San  Francisco 

was  repealed  by  Stats.   1853,   36.  to  this   property,  and   certain   sales  thereof, 

By  Stats.  1853,  219  (Compiled  Laws,  1850-  and    the    action    of    the    state    legislature    in 

3,  767),  provision  was  made  for  the  sale  of  connection    therewith,    see    Grogan    vs.    San 

the  reversionary  interest  of  the  state  with-  Francisco,  18  Cal.  590,  607-615;  Pimental  vs. 

in  the  limits  defined  by  the  statute  of  1851,  San  Francisco,  21  Cal.  652. 


STATE    LANDS — RELINQUISHING.  650 

Upon  the  general  subject  of  the  statutes,  Straut,    84   Cal.   124,    24   Pac.   Rep.    814.      And 

see    Knight   vs.   Haight,    51    Cal.    169;    Pried-  see  United  States  vs.  Mission  Rock  Co.,  189 

man    vs.    Nelson,    53    Cal.    589;    Le    Roy    vs.  U.  S.  391,  406,  bk.  47  L.  ed.  865,  869. 

Dunkerly,   54   Cal.   452.  See   tits.    Mineral    Lands;   Forest   Reserva- 

The  state  reserved  Its  control  of  the  navl-  tlons;      Levee      Districts;      Martinez;      Napa 

eable     waters,     in     connection     with     other  County;    Parlts;    Protection    Districts;    Rec- 

legislation. — See  People  vs.  Williams,  64  Cal.  lamation  Districts}  Suscol  Rancho;  Torrens 

498,    Z    Pac.    Rep.     393;     San    Francisco    V3.  Land  System. 

LANDS  OF  STATE— RELINQUISHING. 

Relinquishing  to  the  United  States  of  America  the  title  of  this  state  to  certain 

lands. 

(Stats.  1897,  74,  ch.  LXXXI.) 

§  1.  All  the  right  and  title  of  the  state  of  California  in  and  to  the  parcels 
of  land  extending  from  high-water  mark  out  to  three  hundred  yards  beyond 
low-water  mark,  lying  adjacent  and  contiguous  to  such  lands  of  the  United 
States  in  this  state  as  lie  upon  tidal  waters  and  are  held,  occupied,  or  reserved 
for  military  purposes  or  defense,  lying  adjacent  and  contiguous  to  any  island, 
the  title  to  which  is  in  the  United  States,  or  which  island  is  reserved  by  the 
United  States  for  any  military  or  naval  purposes  or  for  defense,  are  hereby 
granted,  released,  and  ceded  to  the  United  States  of  America ;  the  boundaries  of 
each  parcel  of  land  hereby  granted,  released,  and  ceded  to  the  United  States  to 
be  a  line  along  high-water  mark,  a  line  three  hundred  yards  out  beyond  low- 
water  mark,  and  lines  at  right  angles  to  high-water  mark  at  the  points  where 
the  boundaries  of  the  adjacent  lands  of  the  United  States  touch  high-water 
mark ;  provided,  that  the  title  to  each  parcel  of  land  hereby  granted,  released, 
and  ceded  to  the  United  States  shall  be,  and  remain  in  the  United  States  only  so 
long  as  the  United  States  shall  continue  to  hold  and  own  the  adjacent  lands  now 
belonging  to  the  United  States ;  and  provided  further,  that  this  state  reserves 
the  right  to  serve  and  execute  on  said  lands  all  civil  process,  not  incompatible 
with  this  cession,  and  such  criminal  process  as  may  lawfully  issue  under  the 
authority  of  this  state  against  any  person  or  persons  charged  with  crimes  com- 
mitted without  said  lands. 

§  2.     This  act  shall  take  effect  immediately. 

LANDS  OF  STATE— ROCKLIN. 

To  authorize  the  governor  and  surveyor-general  to  sell  and  convey  the  state's 

interest  in  certain  lands. 

(Stats.  1891,  251,  ch.  CLXXIIL) 

§  1.  The  governor  and  surveyor-general  are  hereby  authorized  and  directed 
to  convey,  release,  quitclaim,  and  coniirm  all  right,  title,  and  interest  of  the 
state  of  California  of,  in,  and  to  all  that  portion  of  the  southeast  quarter  of 
section  nineteen,  township  eleven  north,  range  seven  (7)  east.  Mount  Diablo 
meridian,  which  is  not  embraced  within  the  exterior  boundaries  of  the  lands 
set  apart  and  heretofore  conveyed  by  the  state  of  California  to  the  Masons 
and  Odd  Fellows  of  Rocklin,  Placer  County,  California,  for  cemetery  purposes, 
to  the  respective  claimants  and  occupants  thereof,  as  shown  by  the  official  map 
and  field-notes  of  survey  of  said  lands,  made  by  W.  S.  Graham,  county  sur- 


QQQ  LAND     SURVEYORS — LICENSING— CERTIFICATE. 

veyor  of  Placer  County,  California,  now  on  file  in  the  office  of  the  recorder  of 
Placer  County,  upon  making  and  filing  with  the  surveyor-general  proof,  by 
affidavit,  setting  forth  that  the  applicant  was,  at  the  date  of  said  survey,  in 
possession  of  the  portion  of  said  land  claimed  by  him,  her,  or  them,  or  an 
actual  settler  thereon,  and  upon  the  payment  into  the  state  treasury  of  the 
sum  of  five  dollars  per  acre,  or  fraction  thereof,  as  shown  by  said  survey  and 
field-notes;  provided,  that  the  present  occupants  and  claimants  shall  be  pre- 
ferred purchasers  of  the  respective  lots  and  parcels  of  said  lands  claimed  and 
occupied  by  them  for  the  space  of  one  year  from  the  passage  of  this  act;  and 
provided  further,  that  all  rights  of  way  for  all  roads,  railroads,  tracks, 
and  spurs  now  existing  upon  or  over  said  lands  shall  be  excepted  from  the  title 
hereby  authorized  to  be  conveyed. 

LANDMARKS. 
See  tits.  Colton  Hall;  Fort  Ross;  Historic  Property. 

LAND   SURVEYORS— LICENSED. 

To  define  the  duties  of  and  to  license  land  surveyors. 

(Stats.  1891,  478,  ch.  CCLV.) 

§  1.  Every  person  desiring  to  become  a  licensed  land  surveyor  in  this  state 
must  present  to  the  state  surveyor-general  of  this  state  a  certificate  that  he  is 
a  person  of  good  moral  character;  also,  a  certificate  signed  by  three  licensed 
surveyors,  or  a  certificate  signed  by  the  board  of  examining  surveyors  (pro- 
vided for  in  section  five  of  this  act),  which  certificate  shall  set  forth  that  the 
person  named  therein  is,  in  the  opinion  of  the  person  [s]  signing  the  same,  a 
fit  and  competent  person  to  receive  a  license  as  a  land  surveyor,  together  with 
his  oath  that  he  will  support  the  constitution  of  this  state  and  of  the  United 
States,  and  that  he  will  faithfully  discharge  the  duties  of  a  licensed  land  sur- 
veyor, as  defined  in  this  act. 

§  2.  Upon  receipt  of  such  certificate  and  oath  by  the  state  surveyor-general, 
it  shall  be  his  duty  forthwith  to  issue  to  such  applicant  a  license,  without 
charge,  which  license  shall  set  forth  the  fact  that  the  applicant  is  a  competent 
surveyor,  or  that  he  has  had  at  least  two  years'  experience  in  the  field  as  a 
surveyor  or  assistant  surveyor. 

§  3.  Such  license  shall  contain  the  full  name  of  the  applicant ;  the  technical 
institution  from  which  he  is  a  graduate  (if  he  be  a  graduate),  or  if  he  be  not 
a  graduate,  the  fact  must  be  stated  in  the  license;  his  birthplace,  age,  and  to 
whom  issued ;  the  name  of  the  person  upon  whose  certificate  the  license  is 
issued,  and  the  date  of  its  issuance. 

§  4.  All  papers  received  by  the  state  surveyor-general  on  application  for 
licenses  shall  be  kept  on  file  in  his  office,  and  a  proper  index  and  record  thereof 
shall  be  kept  by  him,  and  a  list  of  all  licensed  land  surveyors  shall  be  kept  by 
him,  and  he  shall  monthly  transmit  to  the  county  recorder  of  each  county  in 
this  state  a  full  and  correct  list  of  all  persons  so  licensed ;  and  it  is  hereby  made 
the  duty  of  such  recorders  to  keep  such  lists  in  their  offices  in  such  a  way  as 
they  may  be  easily  accessible  to  all  persons. 


liAND     SURVEYORS — LICENSING— AUTHORITY.  661 

§  5.  Within  twenty  days  after  the  passage  of  this  act,  the  governor  shal) 
appoint  three  surveyors  in  good  standing,  members  of  the  Technical  Society 
of  the  Pacific  Coast,  and  two  other  surveyors  in  good  standing,  not  members  of 
such  society,  as  a  board  of  examining  surveyors,  who  shall  conduct  such  exam- 
inations and  make  such  inquiries  as  to  them  may  seem  necessary  to  ascertain 
the  qualifications  of  applicants  for  surveyors'  licenses. 

§  6.  A  majority  of  the  board  of  examining  surveyors  shall  meet  on  the  first 
Friday  of  each  month  during  their  term  of  office,  in  the  rooms  of  the  Technical 
Society  of  the  Pacific  Coast,  in  San  Francisco,  and  at  such  other  times  and 
places  as  they  may  select.  The  members  of  the  board  shall  hold  office  for  the 
term  of  one  year  from  the  date  of  appointment,  and  shall  serve  without  com- 
pensation. 

§  7.  Every  licensed  surveyor  shall  have  a  seal  of  office,  the  impression  of 
which  must  contain  the  name  of  the  surveyor,  his  principal  place  of  business, 
and  the  words  "Licensed  surveyor;"  and  all  maps  and  papers  signed  by  him, 
and  to  which  said  seal  has  been  attached,  shall  be  prima  facie  evidence  in  all 
the  courts  of  this  state. 

§  8.  Surveyors'  licenses,  issued  in  accordance  with  this  act,  shall  remain  in 
force  until  revoked  for  cause,  as  hereinafter  provided. 

§  9.  Every  licensed  surveyor  is  authorized  to  administer  and  certify  oaths, 
when  it  becomes  necessary  to  take  testimony  to  identify  or  establish  old  or 
lost  corners;  or,  if  a  corner  or  monument  be  found  in  a  perishable  condition, 
and  it  appears  desirable  that  evidence  concerning  such  corner  or  monument 
be  perpetuated ;  or  whenever  the  importance  of  the  survey  makes  it  desirable, 
to  administer  an  oath  for  the  faithful  performance  of  duty  to  his  assistants. 
A  record  of  such  oaths  shall  be  preserved  as  a  part  of  the  field-notes  of  the 
survey. 

§  10.  Every  licensed  surveyor  is  hereby  authorized  to  make  surveys  relating 
to  the  sale  or  subdivision  of  lands,  the  retracing  or  establishing  of  property 
or  boundary  lines,  public  roads,  streets,  alleys,  or  trails;  and  it  shall  be  the 
duty  of  each  surveyor,  whenever  making  any  such  surveys,  except  those  relat- 
ing to  the  retracing  or  subdivision  of  cemetery  or  town  lots,  whether  the 
survey  be  made  for  private  persons,  corporations,  cities,  or  counties,  to  set 
permanent  and  reliable  monuments,  and  such  monuments  must  be  permanently 
marked  with  the  initials  of  the  surveyor  setting  them. 

§  11.  "Within  sixty  days  after  a  survey  relating  to  the  sale  or  subdivision 
of  lands,  the  retracing  or  establishing  of  property  and  boundary  lines,  public 
roads,  or  trails,  original  cemetery  or  town  sites,  and  their  subdivisions,  has 
been  made  by  a  licensed  surveyor,  he  shall  file  with  the  recorder  of  the  county 
in  which  such  survey  or  any  portion  thereof  lies,  a  record  of  survej''.  Such 
record  shall  be  made  in  a  good  draftsman-like  manner,  on  one  or  more  sheets 
of  firm  paper  of  the  uniform  size  of  twenty-one  by  thirty  inches.  This  record 
of  survey  shall  be  either  an  original  plat  or  a  copy  thereof,  and  must  contain 
all  the  data  necessary  to  enable  any  competent  practical  surveyor  to  retrace 
the  survey.  The  record  of  survey  must  show :  All  permanent  monuments  set, 
describing  their  size,  kind,  and  location  with  reference  to  the  corners  which 
they  are  intended  to  perpetuate,  all  bearing  or  witness  trees  marked  in  the 


663  LAJVD    SURVEYORS — FAILURE    TO    COMPLY    WITH    REQUIRE3IENTS. 

field;  complete  outlines  of  the  several  tracts  or  parcels  of  land  surveyed  within 
courses,  and  lengths  of  boundary  lines;  the  angles,  as  measured  by  Vernier 
readings,  w^hich  the  lines  of  blocks  or  lots,  if  the  record  relate  to  an  original 
town-site  survey,  make  with  each  other  and  with  the  center  lines  of  adjacent 
streets,  alleys,  roads,  or  lanes;  the  variations  of  the  magnetic  needle  with 
which  old  lines  have  been  retraced ;  the  scale  of  the  map ;  the  date  of  survey ; 
a  proper  connection  with  one  or  more  points  of  an  original  or  larger  tract  of 
land,  and  the  name  of  the  same;  the  name  of  the  grant  or  grants,  or  of  the 
townships  and  ranges  within  which  the  survey  is  located;  the  signature  and 
seal  of  the  surveyor;  provided,  that  nothing  in  this  section  shall  require  a 
record  to  be  made  of  surveys  of  a  preliminary  nature  where  no  monuments  or 
corners  are  established;  provided,  further,  that  if  the  survey  can  be  as  well 
described  in  writing,  or  by  a  small  diagram,  or  by  both,  the  surveyor  shall  file 
with  said  recorder  a  record  of  such  a  survey,  either  in  writing  or  by  diagram, 
or  by  both  writing  and  diagram.  Such  record  shall  be  on  one  or  more  sheets 
of  writing  paper,  drawing  paper,  or  cloth,  of  a  uniform  size  of  eight  by  twelve 
and  one  half  inches,  and  shall  contain  all  the  data  as  required  on  the  larger 
record  as  described  above;  provided  further,  that  if  the  survey  relate  to  the 
retracing  of  lines  of  lots  or  tracts  of  land  of  which  a  map  or  plat  is  already 
on  file  in  said  recorder's  office,  and  no  changes  are  made  in  dimensions  or 
angles,  by  the  resurvey,  from  those  given  on  said  map  or  plat,  the  surveyor 
shall  not  be  required  to  file  a  record  of  such  a  survey.  [Amendment,  Stats. 
1903,  267.] 

§  12,  The  record  of  surveys  thus  filed  with  the  county  recorder  of  any 
county  must  be  by  him  pasted  into  a  stub-book,  provided  for  that  purpose, 
and  he  must  keep  a  proper  index  of  such  records,  by  name  of  owner,  by  name 
of  surveyor,  by  name  of  grant,  city,  or  town,  and  by  United  States  subdi- 
visions; and  he  shall  make  no  charge  for  filing  and  indexing  such  records  of 
surveys. 

§  13.  Upon  the  failure  of  any  licensed  surveyor  to  comply  with  the  require- 
ments of  this  act  and  the  furnishing  of  satisfactory  proofs  of  such  fact,  the 
state  surveyor-general  must  revoke  his  license,  and  no  other  license  shall  be 
issued  to  him  within  one  year  from  such  revocation.  A  violation  of  section 
eleven  of  this  act  shall  be  a  misdemeanor,  and  any  person  convicted  of  such 
violation  shall  be  punished  by  a  fine  not  to  exceed  more  than  one  hundred 
dollars,  or  imprisonment  in  the  county  jail  not  exceeding  thirty  days. 

§  14.  In  case  said  board  shall  refuse  to  meet  and  examine  applicants  for 
licenses  as  in  this  act  provided,  and  issue  to  such  applicants  the  certificate 
or  certificates  mentioned  in  this  act,  if  such  person  be  a  fit  and  competent  per- 
son to  receive  the  same,  they  may  be  compelled  to  do  so  by  mandamus ;  and  if 
upon  the  hearing  of  such  mandamus  it  appears  that  they  have  wilfully  and 
wrongfully  refused  to  examine  any  applicant,  or  to  issue  him  a  certificate  when 
he  is  entitled  to  the  same,  such  board  so  refusing  or  failing  shall  be,  jointly 
and  severally,  liable  for  all  cost  of  said  mandamus  proceeding,  including  attor- 
ney's fee  of  five  hundred  dollars,  and  shall  be  so  jointly  and  severally  liable 
to  any  person  aggrieved  by  such  refusal,  in  the  sum  of  five  hundred  dollars, 
as  fixed,  settled,  and  liquidated  damages,  which  may  be  recovered  in  any 
court  in  this  state,  and  the  judgment  (if  it  be  for  plaintiff)  in  mandamus  shall 


liARCENY    OP    REAL,    PROPERTY— FROM    MINES.  663 

be  prima  facie  evidence  of  such  injury  and  damage  in  any  action  which  may 
be  brought  to  recover  damages  under  the  provisions  of  this  act. 

§  15.  All  that  part  of  the  Code  of  Civil  Procedure  of  this  state  relating  to 
mandamus  is  hereby  made  applicable  to  the  provisions  of  this  act;  and  all 
proceedings  in  mandamus  under  this  act  shall  be  in  accordance  therewith. 

§  16.  This  act  shall  take  effect  on  the  first  day  of  July,  eighteen  hundred 
and  ninety-one. 

Ward  vs.  Crowell,  142  Cal.  587,  588,  76  Pac.  Rep.  491. 

LARCENY— REAL  PROPERTY. 

To  more  fully  define  the  crime  of  larceny. 
(Stats.  1871-2,  282,  ch.  CCXVIII.) 

§  1.  Every  person  who  shall  convert  any  manner  of  real  estate,  of  the  value 
of  fifty  dollars  and  upwards,  into  personal  property,  by  severing  the  same  from 
the  realty  of  another,  with  felonious  intent  to  and  shall  so  steal,  take,  and 
carry  away  the  same,  shall  be  deemed  guilty  of  grand  larceny,  and  upon  con- 
viction thereof,  shall  be  punishable  by  imprisonment  in  the  state  prison  for 
any  term  not  less  than  one  year  nor  more  than  fourteen  years. 

§  2.  Every  person  who  shall  convert  any  manner  of  real  estate,  of  the  value 
of  under  fifty  dollars,  into  personal  property,  by  severing  the  same  from  the 
realty  of  another,  with  felonious  intent  to  and  shall  so  steal,  take,  and  carry 
away  the  same,  shall  be  deemed  guilty  of  petit  larceny,  and,  upon  conviction 
thereof,  shall  be  punishable  by  imprisonment  in  the  county  jail  for  a  period 
not  more  than  one  year,  or  by  fine  not  exceeding  one  thousand  dollars,  or  by 
both  such  fine  and  imprisonment. 

The  foreg-olng  statute  was  approved  March   16,    1872.      See   KERR'S   CYC.   PEN.   CODE 

§  495,    which    was    enacted    February   14,   1872,  but  went  into  effect  January  1,  1873. 
See   next   foUowing   statute. — People   vs.    Opie,  123  Cal.  294,  295,  55  Pac.  Rep.  989. 

LARCENY— FROM  MINES. 

Supplementary  to  an  act  entitled  "An  act  concerning  crimes  and  punish- 
ments," passed  April  sixteenth,  eighteen  hundred  and  fifty. 
(Stats.  1871-2,  435,  ch.  CCCXXIL) 
§,1.     Every  person  who  shall  feloniously  steal,  take,  and  carry  away,  or 
attempt  to  take,  steal,  and  carry  from  any  mining  claim,  tunnel,  sluice,  under- 
current, riffle-box,  or  sulphurate  machine,  any  gold  dust,  amalgam,  or  quick- 
silver, the  property  of  another,  shall  be  deemed  guilty  of  grand  larceny,  and 
upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the  state  prison 
for  any  term  of  not  less  than  one  year  nor  more  than  fourteen  years. 

People  vs.  Salvador,  71  Cal.  15,  16,  11  Pac.  Rep.  801;  People  vs.  Opie,  123  Cal.  294,  295, 
55  Pac.  Rep.  989. 

LAWS  OF  CALIFORNIA. 

See  tit.  Index  to  Laws. 

LAW   LIBRARIES. 

To  establish  law  libraries. 
(Stats.  1891,  430,  ch.  CCXXV;  amended  1895,  46,  ch.  XLI.) 
§  1.     On  the  commencement  in,  or  removal  to,  the  superior  court  of  any 
county  in  this  state  of  any  civil  action,  proceeding,  or  appeal,  on  filing  the  first 


064  LAW   LIBRARIES — BOARD    OF    LIBRARY    TRUSTEES. 

papers  therein,  the  party  instituting  such  proceeding,  or  filing  the  said  first 
papers,  shall  pay  to  the  clerk  of  said  court  the  sum  of  one  dollar  as  costs,  for 
a  fund  which  shall  be  designated  as  the  "Law  Library  Fund,"  to  be  expended 
in  the  purchase  of  law  books  and  periodicals,  and  in  the  establishment  and 
maintenance  of  a  law  library  at  the  county  seat  of  said  county,  which  law 
library  shall  be  governed  and  controlled,  and  said  fund  be  expended  by  the 
board  of  trustees  hereinafter  provided. 

§  2,  All  moneys  collected  as  hereinbefore  provided  shall  be  paid  by  said 
clerk  into  the  hands  of  the  treasurer  of  his  county,  who  shall  keep  the  same 
separate  and  apart  in  the  "Law  Library  Fund,"  and  shall  be  drawn  there- 
from as  hereinafter  provided,  but  only  to  be  used  and  applied  to  the  purposes 
herein  authorized. 

§  3.  Any  law  library  established  under  the  provisions  of  this  act  shall  be 
governed  and  managed  by  the  "Board  of  Law  Library  Trustees"  hereinafter 
provided. 

§  4.  There  shall  be  in  every  county  of  this  state  a  board  of  law  library 
trustees,  consisting  of  five  members,  to  be  constituted  as  follows:  In  every 
county  where  there  are  only  three  superior  judges,  the  said  judges  shall  be 
ex  officio  such  library  trustees,  the  president  of  the  board  of  supervisors  shall 
be  ex  officio  such  a  trustee ;  and  the  board  of  supervisors  shall  appoint  a  mem- 
ber of  the  bar  of  the  county  to  act  as  such  trustee;  such  appointment  shall 
be  made  at  the  first  meeting  of  the  board  of  supervisors  after  this  act  is 
approved,  and  the  appointee  shall  serve  until  the  first  meeting  of  the  board 
of  supervisors  in  the  succeeding  January;  and  the  said  board  shall,  at  any 
such  meeting  in  each  succeeding  January,  appoint  such  a  trustee  to  serve  for 
the  term  of  one  year. '  In  every  county  where  there  are  more  than  three 
superior  judges,  the  judges  of  such  county  shall  elect  three  of  their  number 
to  serve  as  such  trustees,  and  otherwise  said  board  shall  be  as  above  provided. 
In  all  counties  where  there  are  less  than  three  superior  judges,  the  board  shall 
be  constituted  as  above  provided,  save  that  the  board  of  supervisors  shall 
appoint  sufficient  members  of  the  bar  to  make  up  the  requisite  number  of 
trustees. 

§  5.  The  office  of  trustee  shall  be  honorary,  without  salary  or  other  com- 
pensation. 

§  6.  Such  board  of  trustees,  by  a  majority  vote  of  all  their  members,  to 
be  recorded  in  the  minutes,  with  the  ayes  and  noes  at  length,  shall  have 
power : 

First. — To  make  and  enforce  all  rules,  regulations  and  by-laws  necessary  for 
the  administration,  government  and  protection  of  such  library,  and  all  prop- 
erty belonging  thereto,  or  that  may  be  loaned,  devised,  bequeathed  or  donated 
to  the  same. 

Second. — To  remove  any  trustee  who  may  neglect  to  attend  the  meetings 
of  the  board  of  trustees,  or  who  may  absent  himself  from  such  meetings,  and 
fill  all  vacancies  that  may  from  any  cause  occur  in  the  board. 

Third. — To  define  the  powers  and  prescribe  the  duties  of  any  and  all  officers, 
determine  the  number,  and  elect  all  necessary  subordinate  officers  and  assist- 
ants, and  at  their  pleasure  remove  any  officer  or  assistant. 


LAW     LIBRAKIEIS — POWER     OP    TRUSTEES— LIBRARIAN.  605 

Fourth. — To  purchase  books,  journals,  publications,  and  other  personal 
property. 

Fifth. — To  order  the  drawing  and  payment,  upon  properly  authenticated 
vouchers,  duly  certified  by  the  president  and  secretary,  of  money  from  out  of 
the  law  library  fund,  for  any  liability  or  expenditure  herein  authorized,  and 
generally  to  do  all  that  may  be  necessary  to  carry  into  effect  the  provisions 
of  this  act. 

Sixth. — To  fix  the  salaries  of  the  librarian,  secretary  and  other  subordinate 
officers  and  assistants. 

Seventh. — To  contract  with  any  existing,  law  library  association  to  make 
use  of  its  library  for  the  purposes  of  a  public  law  library,  under  proper  rules 
and  regulations  to  be  prescribed  by  the  board  of  trustees,  either  by  lease  or 
such  other  contract  as  may  best  carry  the  purposes  of  this  act  into  effect. 

§  7.  The  orders  and  demands  of  the  trustees  of  any  such  public  law  library, 
when  duly  made  and  authenticated  as  above  provided,  shall  be  verified  and 
audited  by  the  auditing  officer,  and  paid  by  the  treasurer  of  such  county  out 
of  the  library  fund  properly  belonging  thereto,  of  which  full  entry  and  record 
shall  be  kept  as  in  other  cases. 

§  8.  The  said  board  of  trustees,  on  or  before  the  first  Monday  in  December 
of  each  year,  shall  make  an  annual  report  to  the  board  of  supervisors  of  their 
county,  giving  the  condition  of  their  trust,  with  full  statements  of  all  their 
property  and  money  received,  whence  derived,  how  used  and  expended,  the 
number  of  books,  periodicals,  and  other  publications  on  hand ;  the  number 
added  by  purchase,  gift,  or  otherwise  during  the  year;  the  number  lost  or 
missing,  and  such  other  information  as  might  be  of  interest.  A  financial 
report,  showing  all  receipts  and  disbursements  of  money,  shall  also  at  the 
same  time  be  made  by  the  secretary  of  the  board  of  trustees,  duly  verified  by 
his  oath. 

§  9.  The  board  of  supervisors  of  any  such  county  shall  provide  a  library 
room  for  the  use  of  such  library,  whenever  such  room  may  be  demanded  by  such 
board  of  trustees. 

§  10.  The  said  board  of  trustees  shall  meet  the  first  Tuesday  of  each  month, 
and  at  such  other  times  as  they  may  appoint,  at  a  place  to  be  appointed  for 
that  purpose ;  and  a  majority  of  all  their  number  shall  constitute  a  quorum 
for  business.  They  shall  appoint  one  of  their  number  as  president  of  their 
board.  They  shall  elect  a  secretary,  who  shall  keep  a  full  statement 
and  account  of  all  property,  money,  receipts  and  expenditures,  and  a  record 
and  full  minutes,  in  writing,  of  all  their  proceedings.  They  may  appoint  a 
librarian.  The  secretary  may  certify  to  such  proceedings,  or  any  part  or 
portion  thereof,  under  his  hand,  verified  by  an  official  seal,  adopted  and  pro- 
vided by  the  trustees  for  that  purpose, 

§  11.  Said  library  shall  be  free  to  the  judiciary  and  county  officials  of  said 
county,  without  payment  of  dues,  and  free  to  all  inhabitants  of  said  county, 
upon  payment  of  such  dues  as  may  be  ordained  by  said  board  of  trustees,  and 
under  such  rules  and  regulations  as  may  be  by  them  provided. 

§  12.  The  secretary  of  state  is  hereby  authorized  and  directed  to  transmit 
to  the  county  clerk  of  each  county  of  the  state,  for  the  use  of  said  library,  a 


666  LAW    LIBRARY — LEGAL    TENDER    NOTES. 

copy  of  each  and  every  publication  which  may  hereafter  be  made  by  this 
state,  and  especially  a  copy  of  each  report  of  the  decisions  of  the  supreme 
court,  and  of  the  statutes  of  this  state ;  and  also  a  copy  of  all  such  reports  and 
statutes  heretofore  published. 

§  13.  The  librarian  of  the  supreme  court  library  is  hereby  authorized  and 
directed  to  distribute  among  the  law  libraries  herein  provided  for  such  dupli- 
cates of  books  as  may  be  in  state  library,  and  not  needed  for  its  own  purpose. 

§  14.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed ; 
provided,  however,  that  wherever  a  law  library,  and  a  board  of  trustees  to 
govern  the  same,  is  already  provided  by  law  in  any  county,  or  city  and  county, 
in  this  state,  this  act  shall  not  affect  such  library  or  board  of  trustees,  or  be 
considered  a  repeal  of  any  legislation  under  which  such  library  is  established 
and  now  governed;  and  provided  further,  that  it  shall  be  discretionary  with 
the  board  of  supervisors  of  any  county  to  provide  by  ordinance  for  the  appli- 
cation of  the  provisions  of  this  act  to  such  county.  And  the  moneys  herein 
provided  to  be  collected  shall  not  be  collected  in  addition  to  moneys  already 
by  law  provided  to  be  collected  for  law  libraries  in  any  county,  or  city  and 
county,  in  this  state. 

§  14%.  Whenever  the  board  of  supervisors  in  any  county  in  this  state  which 
shall  have  adopted  the  provisions  of  this  act  and  have  established  a  law 
library,  desire  to  discontinue  such  law  library,  they  shall  by  ordinance  so 
declare  their  intentions  so  to  do,  and  shall  provide  in  such  ordinance  that  the 
books  already  in  the  library  shall  be  transferred  to  and  kept  in  the  chambers 
of  the  judges  of  the  superior  court  of  such  county;  and  all  moneys  on  hand 
in  the  library  fund  of  such  county  shall  be  by  the  same  ordinance  transferred 
to  the  school  fund  of  such  county,  and  the  office  of  the  board  of  trustees  of 
such  law  library  shall  be  abolished.  After  such  an  ordinance  shall  take  effect 
the  county  clerk  of  such  county  shall  not  collect  the  fees  provided  for  in  sec- 
tion one  of  said  act.     [New  section  added.  Stats.  1895,  46.] 

§  15.     This  act  shall  take  effect  from  and  after  its  passage. 

The  San  Francisco  Law  Library  is  provided  for  by  Stats.  1869-70,  235,  as  amended 
1880,  194;  and  see  tit.  Libraries,  post. 

LEASES. 

See  tit.  State  OflEicers. 

LEGAL  TENDER— NOTES. 

In  relation  to  the  currency  of  the  United  States. 
(Stats.  1880,  8,  ch.  XIV.) 

§  1.  All  legal-tender  notes  heretofore  issued,  or  which  may  hereafter  be 
issued,  by  the  government  of  the  United  States  of  America,  as  legal-tender 
notes,  shall  be  received  at  par  in  payment  for  all  taxes  due  or  to  become  due 
to  this  state,  or  to  any  county  or  municipal  corporation  thereof,  and  such  notes 
shall  be  a  legal  tender  for  all  debts,  dues,  and  demands  between  citizens  of 
this  state. 

§  2.  All  acts,  and  the  provisions  of  any  act  or  parts  of  acts,  conflicting  with 
this  act  are  hereby  repealed. 


LEGISLATURE — SENATORIAL    DISTRICTS.  ««T 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Perlne   C.   &   P.   Co.   vs.   Quackenbush,   104   Cal.   689,   38  Pic.  Rep.   533. 

A«s  to  what  money  constitutes  a  legal  tender,  see  KERR'S  CYC.  CIV.  CODE,  §  1478 
and  note. 

LEGISLATURE  OF  CALIFORNIA. 

To  divide  the  state  into  legislative  districts  and  to  provide  for  the  election  of 

senators  and  assemblymen. 

(Stats.  1901,  535,  ch.  CLXIV.) 

§  1.  The  state  is  hereby  divided  into  forty  senatorial  districts,  respectively 
numbered  and  constituted  as  follows : 

1.  The  counties  of  Del  Norte,  Humboldt,  Trinity  and  Tehama  shall  consti- 
tute the  first  senatorial  district.  4 

2.  The  counties  of  Modoc,  Lassen,  Siskiyou  and  Shasta  shall  constitute  the 
second  senatorial  district. 

3.  The  counties  of  Plumas,  Sierra,  Nevada  and  Placer  shall  constitute  the 
third  senatorial  district. 

4.  The  counties  of  Mendocino,  Glenn,  Colusa  and  Lake  shall  constitute  the 
fourth  senatorial  district. 

5.  The  counties  of  Napa  and  Solano  shall  constitute  the  fifth  senatorial 
district. 

6.  The  counties  of  Butte,  Yuba,  Sutter  and  Yolo  shall  constitute  the  sixth 
senatorial  district. 

7.  The  county  of  Sacramento  shall  constitute  the  seventh  senatorial  dis- 
trict. 

8.  The  county  of  Sonoma  shall  constitute  the  eighth  senatorial  district. 

9.  The  counties  of  Marin  and  Contra  Costa  shall  constitute  the  ninth  sena- 
torial district. 

10.  The  counties  of  El  Dorado,  Amador,  Calaveras,  Alpine  and  Mono  shall 
constitute  the  tenth  senatorial  district. 

11.  The  county  of  San  Joaquin  shall  constitute  the  eleventh  senatorial  dis- 
trict. 

12.  The  counties  of  Tuolumne,  Mariposa,  Madera,  Stanislaus  and  Merced 
shall  constitute  the  twelfth  senatorial  district. 

13.  All  that  portion  of  the  county  of  Alameda  comprising  the  townships 
of  Washington,  Murray  and  Eden  shall  constitute  the  thirteenth  senatorial 
district. 

14.  All  that  portion  of  the  county  of  Alameda  comprising  the  township  of 
Alameda,  all  that  portion  of  Brooklyn  Township  lying  outside  of  the  city  of 
Oakland,  and  all  that  portion  of  Brooklyn  Township  lying  within  the  city  of 
Oakland  lying  south  of  East  Fourteenth  Street  shall  constitute  the  fourteenth 
senatorial  district. 

15.  All  that  portion  of  Alameda  county  comprising  all  that  portion  of 
Brooklyn  Township  not  contained  in  the  fourteenth  senatorial  district  as  set 
forth  in  this  act,  and  all  that  further  portion  of  the  county  of  Alameda  bounded 
as  follows :  Commencing  at  a  point  on  the  western  boundary  of  Brooklyn 
Township  at  a  point  where  said  boucdary  line  is  intersected  by  Thirteenth 
Street,  thence  along  the  center  of  the  following  named  streets:  Thirteenth  to 


668  L.EGISL.ATURE— SENATORIAL    DISTRICTS. 

Jefferson,  Jefferson  to  Fifteenth,  Fifteenth  to  IMarket,  Market  to  San  Pablo 
Avenue,  San  Pablo  Avenile  to  Adeline,  Adeline  to  Parker,  Parker  to  Grant, 
Grant  to  the  northerly  boundary  line  of  the  city  of  Berkeley ;  thence  easterly 
along  said  northerly  boundary  line  of  the  city  of  Berkeley  to  the  boundary 
line  of  the  county  of  Alameda ;  thence  easterly  and  southerly  along  said  bound- 
ary line  of  the  county  of  Alameda  to  a  point  where  intersected  by  the  west- 
erly boundary  line  of  Brooklyn  Township ;  thence  southerly  and  westerly  along 
said  boundary  line  of  Brooklyn  Township  to  the  point  of  beginning  shall  con- 
stitute the  fifteenth  senatorial  district. 

16.  All  that  portion  of  the  county  of  Alameda  bounded  as  follows:  Com- 
mencing at  a  point  on  the  westerly  boundary  line  of  Brooklyn  Township  where 
intersected  by  Thirteenth  Street  extended;  thence  along  the  center  of  the 
following  streets:  Thirteenth  to  Jefferson,  Jefferson  to  Fifteenth,  Fifteenth 
to  Market,  Market  to  San  Pablo  Avenue,  San  Pablo  Avenue  to  Adeline,  Adeline 
to  Parker,  Parker  to  Grant,  Grant  to  the  northerly  boundary  line  of  the  city 
of  Berkeley;  thence  easterly  along  said  northerly  boundary  line  of  the  city 
of  Berkeley  to  the  intersection  of  the  northerly  boundary  line  of  the  county  of 
Alameda;  thence  northerly  and  westerly  along  said  northerly  boundary  line 
of  Alameda  County  to  the  intersection  of  the  westerly  boundary  line  of  the 
county  of  Alameda;  thence  southerly  along  said  westerly  boundary  line  of 
Alameda  County  to  the  southerly  boundary  line  of  the  city  of  Oakland,  in 
Oakland  Creek;  thence  easterly  along  southerly  boundary  line  of  the  city  of 
Oakland,  in  said  creek,  to  the  point  of  intersection  of  the  boundary  line  between 
the  sixth  and  seventh  wards  of  the  city  of  Oakland;  thence  northerly  along 
said  line  to  the  point  of  beginning  shall  constitute  the  sixteenth  senatorial 
district. 

17.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  thirty-first  and  thirty-sixth  assembly  districts,  as  fixed  and 
described  in  this  act,  shall  constitute  the  seventeenth  senatorial  district. 

18.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  thirty-first  and  thirty-sixth  assembly  districts,  as  fixed  and 
described  in  this  act,  shall  constitute  the  eighteenth  senatorial  district. 

19.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  thirty-second  and  thirty-fifth  assembly  districts,  as  fixed 
and  described  in  this  act,  shall  constitute  the  nineteenth  senatorial  district. 

20.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  thirty-third  and  thirty-fourth  assembly  districts,  as  fixed 
and  described  in  this  act,  shall  constitute  the  twentieth  senatorial  district. 

21.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  thirty-seventh  and  thirty-eighth  assembly  districts,  as  fixed 
and  described  in  this  act,  shall  constitute  the  twenty-first  senatorial  district. 

22.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  thirty-ninth  and  fortieth  assembly  districts,  as  fixed  and 
described  in  this  act,  shall  constitute  the  twenty-second  senatorial  district. 

23.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  thirtieth  and  forty-second  assembly  districts,  as  fixed  and 
described  in  this  act,  shall  constitute  the  twenty-third  senatorial  district. 

24.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 


legislature: — senatorial    districts.  660 

the  boundai^ies  of  the  forty-third  and  forty-fourth  assembly  districts,  as  fixed 
and  described  in  this  act,  shall  constitute  the  twenty-fourth  senatorial  district. 

25.  All  that  portion  of  the  city  and  county  of  San  Francisco  comprised  within 
the  boundaries  of  the  forty-first  and  forty-fifth  assembly  districts,  as  fixed  and 
described  in  this  act,  shall  constitute  the  twenty-fifth  senatorial  district. 

26.  The  county  of  Fresno  shall  constitute  the  twenty-sixth  senatorial  di.strict. 

27.  All  that  portion  of  the  county  of  Santa  Clara  not  included  in  the  twenty- 
eighth  senatorial  district  shall  constitute  the  twenty-seventh  senatorial  district. 

28.  All  that  portion  of  the  county  of  Santa  Clara  embraced  in  the  precincts  of 
Agnews,  Alviso,  Berryessa,  Cupertino,  Hester,  Jefferson,  Mountain  View  number 
one,  Mountain  View  number  two,  Mayfield  number  one,  IMayfield  number  two, 
Milpitas,  Orchard,  Palo  Alto,  Saratoga,  University,  and  the  first,  second,  and 
fourth  wards  of  the  city  of  San  Jose,  shall  constitute  the  twenty-eighth  sena- 
torial district. 

29.  The  counties  of  San  Mateo  and  Santa  Cruz  shall  constitute  the  twenty- 
ninth  senatorial  district. 

30.  The  counties  of  San  Bernardino  and  Inyo  shall  constitute  the  thirtieth 
senatorial  district. 

31.  The  counties  of  Monterey,  San  Benito,  and  San  Luis  Obispo  shall  consti- 
tute the  thirty-first  senatorial  district. 

32.  The  counties  of  Kern,  Tulare,  and  Kings  shall  constitute  the  thirty-second 
senatorial  district. 

33.  The  counties  of  Santa  Barbara  and  Ventura  shall  constitute  the  thirty- 
third  senatorial  district. 

34.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  comprising 
the  following  election  precincts  of  nineteen  hundred  to  wit :  Catalina,  San  Pedro 
numbers  one,  two,  and  three,  Wilmington,  Compton  numbers  one  and  two, 
Florence,  Redondo  city,  Wiseburn,  Gardena,  Hyde  Park,  Ballona,  Santa  Monica 
city  numbers  one,  two  and  three,  San  Vicente,  National  Military  Home  numbers 
one,  two,  three,  four  and  five,  Monte  Vista,  Cahuenga,  and  Los  Angeles  city  pre- 
cincts numbered  seventy,  seventy-one,  seventy-two  a,  seventy-two  b,  seventy-three 
a,  seventy-three  b,  seventy-four,  seventy-five,  seventy-six,  seventy-seven,  Cala- 
basas,  Lankershim,  Chatsworth,  San  Fernando,  Acton,  Newhall,  La  Liebre,  Del 
Sur,  Lanca.ster,  Palmdale,  Llano,  La  Canada,  Burbank,  and  Glendale  shall  consti- 
tute the  thirty-fourth  senatorial  district. 

35.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  comprising 
the  following  election  precincts  of  nineteen  hundred  to  wit:  Pomona  numbers 
one,  two,  three,  four  and  five,  Claremont,  Lordsburg,  Spadra,  Glendora,  Azusa, 
Azusa  city,  Rowland,  Covina,  El  Monte,  Monrovia.  Duarte,  Rivera,  Los  Nietos, 
Whittier,  East  Whittier,  North  Pasadena  numbers  one  and  two,  Lamanda, 
Sierra  Madre,  San  Gabriel,  Alhambra,  Fruitland,  Downey,  numbers  one  and 
two,  Norwalk,  Artesia,  Clearwater,  Cerritos,  Long  Beach  city  numbers  one 
and  two,  and  Terminal  shall  constitute  the  thirty-fifth  senatorial  district. 

36.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  comprising 
the  following  election  precincts  of  nineteen  hundred  to  wit:  Los  Angeles  city 
numbers  fifty-seven  a,  fifty-seven  b,  fifty-eight  a,  fifty-eight  b.  fifty-nine,  sixty, 
sixty-one,  sixty-two,  sixty-three,  sixty-four  a,  sixty-four  b,  sixty-five,  sixty-six, 
sixty-seven,  sixty-eight,  one,  two,   three   a,   three  b,   four,   five,   six,   Garvanza, 


670  LEGISLATURE — ASSEMBLY    DISTRICTS. 

Pasadena  numbers  one,  two,  three,  four,  five,  six,  seven  and  eight  and  South 
Pasadena  shall  constitute  the  thirty-sixth  senatorial  district. 

37.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  comprising 
the  following  election  precincts  of  nineteen  hundred  to  wit:  Los  Angeles  city 
numbers  seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen, 
seventeen,  eighteen,  nineteen,  twenty,  twenty-one,  twenty-two,  twenty-three, 
twenty-four,  twenty-five,  twenty-six,  twenty-seven,  sixty-nine,  twenty-eight, 
twenty-nine,  thirty,  thirty-three,  thirty-four  a,  and  thirty-four  b,  shall  constitute 
the  thirty-seventh  senatorial  district. 

38.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  comprising 
the  following  election  precincts  of  nineteen  hundred,  to  wit:  Los  Angeles  city 
numbers  thirty-five  a,  thirty-five  b,  thirty-six,  thirty-two,  thirty-one,  thirty- 
seven,  thirty-eight  a,  thirty-eight  b,  thirty-nine,  forty,  forty-one,  forty-two, 
forty-three,  forty-four  a,  forty-four  b,  forty-five  a,  forty-five  b,  forty-six,  forty- 
seven,  forty-eight  a,  forty-eight  b,  forty-nine  a,  forty-nine  b,  fifty,  fifty-one, 
fifty-two,  fifty-three,  fifty-four,  fifty-five  and  fifty-six  shall  constitute  the  thirty- 
eighth  senatorial  district. 

39.  The  counties  of  Orange  and  Riverside  shall  constitute  the  thirty-ninth 
senatorial  district. 

40.  The  county  of  San  Diego  shall  constitute  the  fortieth  senatorial  district. 

§  2.  The  state  is  hereby  divided  into  eighty  assembly  districts,  respectively 
numbered  and  constituted  as  follows : 

1.  The  counties  of  Del  Norte,  Siskiyou,  and  Trinity  shall  constitute  the  first 
assembly  district. 

2.  All  that  portion  of  the  county  of  Humboldt,  comprising  the  townships  of 
Orleans,  Klamath,  Trinidad,  Mad  River,  Union,  Eureka,  and  Bucksport  shall 
constitute  the  second  assembly  district. 

3.  All  that  portion  of  the  county  of  Humboldt  not  embraced  in  the  second 
district  shall  constitute  the  third  assembly  district. 

4.  The  counties  of  Shasta,  Modoc,  and  Lassen  shall  constitute  the  fourth 
assembly  district. 

5.  The  counties  of  Tehama,  Plumas,  and  Sierra  shall  constitute  the  fifth 
assembly  district. 

6.  The  county  of  Mendocino  shall  constitute  the  sixth  assembly  district. 

7.  The  county  of  Butte  shall  constitute  the  seventh  assembly  district. 

8.  The  counties  of  Yuba  and.  Sutter  shall  constitute  the  eighth  assembly 
district. 

9.  The  county  of  Nevada  shall  constitute  the  ninth  assembly  district. 

10.  The  counties  of  Placer  and  El  Dorado  shall  constitute  the  tenth  assembly 
district. 

11.  The  counties  of  Amador,  Calaveras,  Alpine,  and  Mono  shall  constitute  the 
eleventh  assembly  district. 

12.  The  counties  of  Glenn,  Colusa,  and  Lake  shall  constitute  the  twelfth  as- 
sembly district. 

13.  All  that  portion  of  the  county  of  Sonoma  comprising  the  townships  of 
Analy,  Bodega,  Mendocino,  Ocean,  Petaluma,  Redwood,  Salt  Point,  and  Vallejo 
shall  constitute  the  thirteenth  assemblv  district. 


LEGISLATURE — ASSEMBLY    DISTRICTS.  671 

14.  All  that  portion  of  the  county  of  Sonoma  not  included  in  the  thirteenth 
district  shall  constitute  the  fourteenth  assembly  district. 

15.  The  county  of  Napa  shall  constitute  the  fifteenth  assembly  district. 

16.  The  county  of  Yolo  shall  constitute  the  sixteenth  assembly  district. 

17.  All  that  portion  of  the  county  of  Sacramento  composed  of  that  part  of 
the  city  of  Sacramento  lying  north  of  the  center  of  K  Street  of  said  city  shall 
constitute  the  seventeenth  assembly  district. 

18.  All  that  portion  of  the  county  of  Sacramento  composed  of  that  part  of 
the  city  of  Sacramento  lying  south  of  the  center  of  K  Street  of  said  city  shall 
constitute  the  eighteenth  assembly  district. 

19.  All  that  portion  of  the  county  of  Sacramento  not  included  in  the  seven- 
teenth and  eighteenth  districts  shall  constitute  the  nineteenth  assembly  district. 

20.  The  county  of  Solano  shall  constitute  the  twentieth  a.ssembly  district. 

21.  The  county  of  Marin  shall  constitute  the  twenty-first  assembly  district. 

22.  The  county  of  Contra  Costa  shall  constitute  the  twenty-second  assembly 
district. 

23.  All  that  portion  of  the  county  of  San  Joaquin  comprising  the  city  of 
Stockton  shall  constitute  the  twenty-third  assembly  district. 

24.  All  that  portion  of  the  county  of  San  Joaquin  not  included  in  the  twenty- 
third  district  shall  constitute  the  twenty-fourth  assembly  district. 

25.  The  counties  of  Stanislaus,  Merced,  and  Madera  shall  constitute  the 
twenty-fifth  assembly  district. 

26.  The  counties  of  Tuolumne  and  Mariposa  shall  constitute  the  twenty-sixth 
assembly  district. 

27.  The  counties  of  Tulare  and  Inyo  shall  constitute  the  twenty-seventh  as- 
sembly district. 

28.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as  fol- 
lows :  Commencing  at  the  point  of  intersection  where  the  center  of  the  line  of 
Market  Street  intersects  the  Bay  of  San  Francisco,  continuing  thence  along  the 
center  of  the  following  named  streets :  Market  to  Fourth,  Fourth  to  Folsom,  Fol- 
som  to  Third,  Third  to  Bryant,  Bryant  to  the  waters  of  the  Bay  of  San  Francisco, 
thence  along  the  shore  to  Market  Street,  the  place  of  beginning,  shall  constitute 
the  twenty-eighth  assembly  district. 

29.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  intersection  of  Fourth  and  Market  streets,  contin- 
uing thence  along  the  center  of  the  following  named  streets :  Market  to  Seventh, 
Seventh  to  Mission,  Mission  to  Sixth,  Sixth  to  Bryant,  Bryant  to  Third,  Third 
to  Folsom,  Folsom  to  Fourth,  Fourth  to  Market,  the  place  of  beginning,  shall 
constitute  the  twenty-ninth  assembly  district. 

30.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  intersection  of  Seventh  and  Market  streets,  con- 
tinuing thence  along  the  center  of  the  following  named  streets:  Market  to 
Tenth,  Tenth  to  Howard,  Howard  to  Eleventh,  Eleventh  to  Bryant,  Bryant  to 
Sixth,  Sixth  to  Mission,  Mission  to  Seventh,  along  Seventh  to  Market,  the  place 
of  beginning,  shall  constitute  the  thirtieth  assembly  district. 

31.  All  that  portion  of  the  citj^  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  point  of  intersection  where  the  center  of  the  line  of 
Bryant  Street  intersects  with  the  Bay  of  San  Francisco,  continuing  thence  along 


073  LEGISLATURE — ASSEMBLY    DISTRICTS. 

the  center  of  the  following  named  streets :  Bryant  to  Eleventh,  Eleventh  to  How- 
ard, Howard  to  Twentieth,  Twentieth  to  the  waters  of  Bay  of  San  Francisco, 
thence  along  the  shore  to  Bryant,  the  place  of  beginning,  shall  constitute  the 
thirty-first  assembly  district. 

32.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  point  of  intersection  where  the  center  of  the  line  of 
Twentieth  Street  intersects  the  Bay  of  San  Francisco,  continuing  thence  along 
the  center  of  the  following  named  streets:  Twentieth  to  Howard,  Howard  to 
Army,  Army  to  San  Bruno  Avenue,  thence  along  San  Bruno  Avenue  and  Milli- 
ken  Street  to  its  intersection  with  the  boundary  line  dividing  the  counties  of  San 
Francisco  and  San  Mateo,  thence  along  said  boundary  line  to  the  intersection  of 
the  waters  of  the  Bay  of  San  Francisco,  thence  along  the  shore  of  said  bay  to 
Twentieth  Street,  the  place  of  beginning,  shall  constitute  the  thirty-second  as- 
sembly district. 

33.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  a  point  of  intersection  of  the  center  of  Guerrero  and 
Army  streets,  continuing  thence  along  the  center  of  the  following  named  streets : 
Army  to  San  Bruno  Avenue,  thence  along  San  Bruno  Avenue  and  Milliken 
Street  to  its  intersection  with  the  boundary  line  dividing  the  counties  of  San 
Francisco  and  San  Mateo,  thence  along  said  boundary  line  to  the  intersection 
of  the  waters  of  the  Pacific  Ocean,  thence  along  the  shore  of  said  ocean,  north- 
erly to  Ocean  Avenue,  thence  along  Ocean  Avenue  to  Corbett  Avenue,  thence 
along  Corbett  Avenue  to  Fowler  Avenue,  Fowler  Avenue  to  Twenty-eighth 
Street,  Twenty-eighth  to  Guerrero,  along  Guerrero  to  Army,  the  point  of  be- 
ginning, shall  constitute  the  thirty-third  assembly  district. 

34.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  the  intersection  of  the  center  of  Guerrero  and  Army 
streets,  continuing  thence  along  the  center  of  the  following  named  streets: 
Army  to  Church,  Church  to  Thirteenth,  Thirteenth  to  Buena  Vista  Avenue, 
Buena  Vista  Avenue  to  Frederick  Street,  Frederick  to  Clayton,  Clayton  and 
Ashbury  streets  to  Clarendon  Avenue,  thence  along  Clarendon  Avenue  to  Lin- 
coln Avenue,  thence  along  Lincoln  Avenue  to  Clipper  Street,  Clipper  Street  to 
a  point  where  the  center  of  Fowler  Avenue,  if  extended,  would  intersect  the 
center  of  Clipper,  thence  along  the  center  of  Fowler  Avenue  to  Twenty-eighth, 
Twenty-eighth  to  Guerrero,  Guerrero  to  Army,  the  place  of  beginning,  shall 
constitute  the  thirty-fourth  assembly  district. 

35.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  the  intersection  of  Howard  and  Seventeenth  streets, 
continuing  thence  along  the  center  of  the  following  named  streets :  Seventeenth 
to  Church,  Church  to  Army,  Army  to  Howard,  Howard  to  Seventeenth,  the 
place  of  beginning,  shall  constitute  the  thirty-fifth  assembly  district. 

36.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  intersection  of  Market  and  Polk  streets,  continuing 
thence  along  the  center  of  the  following  named  streets :  Polk  to  Grove,  Grove  to 
Octavia,  Octavia  to  Market,  Market  to  Thirteenth,  Thirteenth  to  Church, 
Church  to  Seventeenth,  Seventeenth  to  Howard,  Howard  to  Tenth,  Tenth  to  the 
intersection  of  Market  and  Polk,  the  place  of  beginning,  shall  constitute  the 
thirty-sixth  assembly  district. 


LEGISLATURE — ASSEMBLY    DISTRICTS.  '  673 

37.  All  that  portion  of  the  city  and  county  of  San  Francisco  boundod  as 
follows :  Commencing  at  the  intersection  of  Market  and  Octavia  streets,  con- 
tinuing thence  along  the  center  of  the  following  named  streets:  Octavia  to 
Fulton,  Fulton  to  Stanyan,  Stanj^an  to  Frederick,  Frederick  to  Buena  Vista 
Avenue,  thence  along  Buena  Vista  Avenue  to  Thirteenth,  Thirteenth  to  Market, 
Market  to  Octavia,  the  place  of  beginning,  shall  constitute  the  thirty-seventh 
assembly  district. 

38.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  intersection  of  Van  Ness  Avenue  and  Geary  Street, 
continuing  thence  along  the  center  of  the  following  named  streets:  Geary  and 
Point  Lobos  Avenue  to  Masonic  Avenue,  Masonic  Avenue  to  Fulton,  Fulton  to 
Octavia,  Octavia  to  Grove,  Grove  to  Van  Ness  Avenue,  Van  Ness  Avenue  to 
Geary,  the  place  of  beginning,  shall  constitute  the  thirty-eighth  assembly 
district. 

39.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  intersection  of  Lyon  Street  with  the  waters  of  the 
Bay  of  San  Francisco,  continuing  thence  along  the  center  of  the  following 
named  streets:  Lyon  to  Washington,  .Washington  to  Baker,  Baker  to  Geary, 
Geary  and  Point  Lobos  Avenue  to  Masonic  Avenue,  Masonic  Avenue  to  FultoUj 
Fulton  to  Stanyan,  Stanyan  to  Frederick,  Frederick  to  Clayton,  Clayton  and 
Ashbury  streets  to  Clarendon  Avenue,  thence  along  Clarendon  Avenue  to  Lin- 
coln Avenue,  thence  along  Lincoln  Avenue  to  Clipper,  Clipper  to  a  point  where 
the  center  of  Fowler  Avenue,  if  extended,  would  intersect  the  center  of  Clipper 
Street,  thence  along  the  line  of  Fowler  Avenue  to  Corbett  Avenue,  thence  along 
Corbett  Avenue  to  Ocean  Avenue,  thence  along  Ocean  Avenue  to  the  waters  of 
the  Pacific  Ocean,  thence  along  the  shore  of  said  ocean  and  the  said  bay  to 
Lyon  Street,  the  place  of  beginning,  together  with  the  islands  known  as  the 
Farallon  Islands,  shall  constitute  the  thirty-ninth  assembly  district. 

40.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  the  intersection  of  Van  Ness  Avenue  and  Washington 
Street,  continuing  thence  along  the  center  of  the  following  named  streets: 
Washington  to  Baker,  Baker  to  Geary,  Geary  to  Van  Ness  Avenue,  Van  Ness 
Avenue  to  Washington,  the  place  of  beginning,  shall  constitute  the  fortieth 
assembly  district. 

41.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  the  intersection  of  Jones  Street  with  the  waters  of  the 
Bay  of  San  Francisco,  continuing  thence  along  the  center  of  the  following 
named  streets:  Jones  to  Broadway,  Broadway  to  Van  Ness  Avenue,  Van  Ness 
Avenue  to  Washington,  Washington  to  Lyon,  Lyon  to  the  waters  of  said  bay^ 
thence  along  the  shore  to  Jones  Street,  the  place  of  beginning,  shall  constitute 
the  forty-first  assembly  district. 

42.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows :  Commencing  at  the  intersection  of  Market  and  Polk  streets,  continuing 
thence  along  the  center  of  the  following  named  streets:  Polk  to  Grove,  Grove 
to  Van  Ness  Avenue,  Van  Ness  Avenue  to  Broadway,  Broadway  to  Hyde,  Hyde 
to  Ellis,  Ellis  to  Jones,  Jones  to  Market,  Market  to  Polk,  the  place  of  beginning, 
shall  constitute  the  forty-second  assembly  district. 

43.  All  that  portion  of  the  city  and  county  of  San.  Francisco  bounded  as 

Gen.    Laws — 43 


674  LEGISLATURE— ASSEMBLY    DISTRICTS. 

follows:  Commencmg  at  the  intersection  of  Market  and  Jones  streets,  con- 
tinuing thence  along  the  center  of  the  following  named  streets :  Jones  to  Ellis, 
Ellis  to  Hyde,  Hyde  to  Broadway,  Broadway  to  Mason,  Mason  to  Market, 
Market  to  Jones,  the  place  of  beginning,  shall  constitute  the  forty-third  as- 
sembly district. 

44.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  the  intersection  of  Market  and  Mason  streets,  con- 
tinuing thence  along  the  center  of  the  following  named  streets:  Mason  to 
Broadway,  Broadway  to  the  waters  of  the  Bay  of  San  Francisco,  thence  along 
the  shore  of  said  bay  to  Market  Street,  thence  along  Market  Street  to  Mason, 
the  place  of  beginning,  shall  constitute  the  forty-fourth  assembly  district. 

45.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  the  intersection  of  Jones  Street  with  the  waters  of 
the  Bay  of  San  Francisco,  continuing  thence  along  the  center  of  the  following 
named  streets:  Jones  to  Broadway,  Broadway  to  the  waters  of  the  Bay  of  San 
Francisco,  thence  along  the  shore  of  said  bay  to  Jones  Street,  the  place  of 
beginning,  together  with  all  the  waters  of  the  Bay  of  San  Francisco  and  the 
islands  contained  therein,  situate  within  the  boundaries  of  the  city  and  county 
of  San  Francisco,  shall  constitute  the  forty-fifth  assembly  district. 

46.  All  that  portion  of  the  county  of  Alameda  comprising  the  townships 
of  Murray,  Washington,  and  Eden  shall  constitute  the  forty-sixth  assembly 
district. 

47.  All  that  portion  of  the  county  of  Alameda  comprising  the  township  of 
Alameda  shall  constitute  the  forty-seventh  assembly  district. 

48.  All  that  portion  of  the  county  of  Alameda  comprising  that  portion  of 
the  city  of  Oakland  bounded  as  follows :  Commencing  at  a  point  on  the  westerly 
line  of  Brooklyn  Township,  where  the  same  is  intersected  by  Thirteenth  Street 
extended,  continuing  thence  along  the  center  of  the  following  named  streets: 
Thirteenth  to  Jefferson,  Jefferson  to  Fifteenth,  Fifteenth  to  INIarket,  Market  to 
Twelfth,  Twelfth  to  Adeline,  Adeline  to  the  shore  line  of  Oakland  Creek,  and 
thence  extended  to  the  boundary  line  of  said  city  of  Oakland  in  said  creek, 
thence  along  said  boundary  line  in  said  creek  to  the  intersection  of  said 
boundary  line  with  the  boundary  line  between  the  sixth  and  seventh  ward?  of 
said  city  of  Oakland,  and  thence  along  said  last-mentioned  boundary  line  to 
the  place  of  beginning,  shall  constitute  the  forty-eighth  assembly  district. 

49.  All  that  portion  of  the  county  of  Alameda  comprising  all  that  portion 
of  the  city  of  Oakland  bounded  as  follows :  Commencing  at  a  point  on  the 
southerly  boundary  line  of  the  city  of  Oakland  in  Oakland  Creek,  where  said 
boundary  line  is  intersected  by  Adeline  Street  extended,  and  thence  along  the 
line  of  the  center  of  the  following  named  streets :  Adeline  to  Twelfth,  Twelfth 
to  Market,  Market  to  San  Pablo  Avenue,  San  Pablo  Avenue  to  Adeline  Street, 
Adeline  Street  to  the  point  of  intersection  of  Adeline  Street  with  the  northerly 
boundary  line  of  the  town  of  Emeryville,  thence  by  runs  and  courses  westerly 
and  northerly  in  the  direction  of  and  following  the  line  of  the  boundary  of 
the  town  of  Emeryville  to  the  point  of  intersection  of  the  said  boundary  line 
with  the  westerly  boundary  line  of  the  county  of  Alameda,  thence  southerly 
along  said  westerly  boundary  line  of  the  county  of  Alameda  to  the  intersection 
of  the  southerly  boundary  line  of  the  city  of  Oakland,  thence  easterly  along 


LEGISLATURE— ASSEMBLY    DISTRICTS.  675 

said  last-mentioned  line  to  the  point  of  beginning,  shall  constitute  the  forty- 
ninth  assembly  district. 

50.  All  that  portion  of  the  county  of  Alameda  comprising  all  that  portion 
of  the  city  of  Oakland,  bounded  as  follows:  Commencing  at  a  point  on  the 
westerly  line  of  Brooklyn  Township  where  the  same  is  intersected  by  Thir- 
teenth Street  extended,  and  thence  along  the  center  of  the  following  named 
streets:  Thirteenth  to  Jefferson,  Jefferson  to  Fifteenth,  Fifteenth  to  Market, 
Market  to  San  Pablo  Avenue,  Sam  Pablo  Avenue  to  Adeline  Street,  Adeline 
Street  to  a  point  where  the  same  crosses  Temescal  Creek,  thence  easterly  by 
meanders  to  a  point  where  the  same  is  crossed  by  Shattuck  Avenue,  thence 
southerly  to  Forty-fifth  Street,  Forty-fifth  to  Broadway,  thence  northerly  along 
Broadway  to  the  boundary  line  of  the  city  of  Oakland,  thence  southerly  and 
easterly  by  meanders  along  said  boundary  line  to  the  point  of  intersection  with 
Brooklyn  Township,  thence  southerly  and  westerly  by  meanders  along  the 
westerly  boundary  line  of  Brooklyn  Township  to  the  point  of  beginning,  shall 
constitute  the  fiftieth  assembly  district. 

51.  All  that  portion  of  the  county  of  Alameda  comprising  the  township  of 
Brooklyn  shall  constitute  the  fifty-first  assembly  district. 

52.  All  that  portion  of  Alameda  County  bounded  as  follows:  Commenc- 
ing at  a  point  where  the  southerly  line  of  the  town  of  Berkeley  intersects  the 
westerly  boundary  line  of  the  county  of  Alameda,  thence  easterly  along  said 
southerly  line  of  the  city  of  Berkeley  to  the  easterly  boundary  line  of  the 
town  of  Emeryville,  thence  southerly  and  along  the  boundary  line  between 
the  town  of  Emeryville  and  the  city  of  Oakland  to  the  point  where  Adeline 
Street  intersects  said  boundary  line,  thence  easterly  along  the  line  of  Temescal 
Creek  to  Shattuck  Avenue,  thence  southerly  along  the  center  line  of  Shattuck 
Avenue  to  Forty-fifth  Street,  thence  easterly  along  the  center  line  of  Forty- 
fifth  Street  to  Broadway,  thence  along  the  center  line  of  Broadway  to  its 
intersection  with  the  boundary  line  of  the  city  of  Oakland,  thence  southerly 
and  easterly  along  said  boundary  line  to  the  point  of  intersection  with  the 
westerly  boundary  line  of  Brooklyn  Township,  thence  in  a  general  direction 
northerly  by  runs  and  courses  along  the  boundary  line  of  Brooklyn  Township 
to  the  point  where  it  intersects  the  boundary  line  of  Alameda  County,  thence 
westerly  by  runs  and  courses  along  the  said  boundary  line  of  Alameda  County, 
and  southerly  along  said  westerly  boundary  line  of  Alameda  County  to  the 
point  of  beginning,  shall  constitute  the  fifty-second  assembly  district. 

53.  The  county  of  San  Mateo  shall  constitute  the  fifty-third  assembly  dis- 
trict. 

54.  The  county  of  Santa  Cruz  shall  constitute  the  fifty-fourth  assembly 
district. 

55.  All  that  portion  of  the  county  of  Santa  Clara  comprised  in  the  precincts 
of  Alma,  Almaden,  Berryessa,  Burnett,  East  San  Jose,  Evergreen,  Gilroy 
number  one,  Gilroy  number  two,  Guadalupe,  Highland,  Las  Animas,  Llagas, 
Morgan  Hill,  Mount  Hamilton,  Pioneer,  Rucker,  San  Felipe,  Solis,  Union, 
Uvas,  Vineland,  Los  Gatos  number  one,  Los  Gatos  number  two,  Wrights,  San 
Tsidro,  and  the  third  ward  of  the  city  of  San  Jose,  shall  constitute  the  fifty- 
fifth  assembly  district. 

56.  All  that  portion  of  the  county  of  Santa  Clara  comprised  in  the  pre- 


^■-Q  LEGISLATURE — ASSEMBLY    DISTRICTS. 

cinets  of  Alameda,  Crandallville,  University,- Gardner,  Cottage  Grove,  Frank- 
lin, Oak  Grove,  Robertsville,  Willow  Glen,  Campbell,  ]\Ioreland,  Santa 
Clara  number  one,  Santa  Clara  number  three,  Jefferson,  Cupertino,  Saratoga, 
and  the  fourth  ward  of  San  Jose,  shall  constitute  the  fifty-sixth  a^embly 
district. 

57.  All  that  portion  of  the  county  of  Santa  Clara  not  included  in  the  fifty- 
fifth  and  fifty-sixth  districts  shall  constitute  the  fifty-seventh  assembly  dis- 
trict. 

58.  The   county   of   San   Benito   shall   constitute    the   fifty-eighth   assembly 

district. 

59.  The  county  of  Monterey  shall  constitute  the  fifty-ninth  assembly  dis- 
trict. 

60.  All  that  portion  of  the  county  of  Fresno  comprising  the  precincts  of 
Black  Mountain,  Bryant,  Cantua,  Crescent,  Chicago,  Central  Colony,  Collis, 
Firebaugh,  Fresno  Colony,  Fresno  number  five,  Fresno  number  six,  Fresno 
number  seven,  Fresno  number  eight,  Fresno  number  nine,  Fresno  number  ten, 
Fowler  number  one,  Fowler  number  two,  Gill,  Huron,  Kingston,  Kingsburg, 
Liberty,  Lake,  Lewis  Creek,  Madison,  New  Hope,  Oleander,  Panoche,  Pleasant 
Valley,  Sycamore,  Selma  number  one,  Selma  number  two,  Terry,  White's 
Bridge,  Warthan,  West  Park,  Washington  Colony,  and  Wild  Flower  shall 
constitute  the  sixtieth  assembly  district. 

61.  All  that  portion  of  the  county  of  Fresno  not  included  in  the  sixtieth 
district  shall  constitute  the  sixty-first  assembly  district. 

62.  The  county  of  Kings  shall  constitute  the  sixty-second  assembly  district. 

63.  The  county  of  San  Luis  Obispo  shall  constitute  the  sixty-third  assembly 
district. 

64.  The  county  of  Santa  Barbara  shall  constitute  the  sixty-fourth  assembly 

district. 

65.  The  county  of  Ventura  shall  constitute  the  sixty-fifth  assembly  district. 

66.  The  county  of  Kern  shall  constitute  the  sixty-sixth  assembly  district. 

67.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  compris- 
ing the  following  election  precincts  of  nineteen  hundred,  to  wit:  San  Vicente, 
Calabasas,  Chatsworth,  San  Fernando,  Lankershim,  Burbank,  Glendale,  Gar- 
vanza,  La  Canada,  Newhall,  Acton,  La  Liebre,  Del  Sur,  Lancaster,  Palmdale, 
Llano,  Pasadena  numbers  one,  two,  three,  four,  five,  six,  seven,  and  eight  shall 
constitute  the  sixty-seventh  assembly  district. 

68.  All  that  part  of  the  county  of  Los  Angeles  included  in  and  comprising 
the  following  election  precincts  of  nineteen  hundred,  to  wit:  Pomona  city 
numbers  one,  tw^o,  three,  four,  and  five,  Claremont,  Lordsburg,  Spadra,  Glen- 
dora,  Azusa  city,  Azusa,  Covina,  Rowland,  El  Monte,  Monrovia,  Duarte,  Rivera, 
Los  Nietos,  Whittier,  and  East  Whittier  shall  constitute  the  sixty-eighth  assembly 
district. 

69.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  com- 
prising the  following  election  precincts  of  nineteen  hundred,  to  wit:  Los 
Angeles  city  numbers  sixty-four  a,  sixty-four  b,  sixty-five,  sixty-six,  sixty- 
seven,  and  sixty-eight,  Alhambra,  San  Gabriel,  South  Pasadena,  Sierra  Madre, 
Lamanda,  North  Pasadena  numbers  one  and  two,  Fruitland,  Downey  numbers 
one  and  two,  Norwalk,  Artesia,  Clearwater,   Cerritos,  Long  Beach  city  num- 


LEGISLATURE— ASSEMBLY     DISTRICTS.  677 

bers  one  and  two,  and  Terminal  shall  constitute  the  sixty-ninth  assembly  dis- 
trict. 

70.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  com- 
prising the  following  election  precincts  of  nineteen  hundred,  to  wit :  Cata- 
lina,  Santa  IMonica  city  numbers  one,  two,  and  three,  Ballona,  Hyde  Park, 
Gardena,  Wiseburn,  Redondo  city,  Wilmington,  San  Pedro  numbers  one,  two, 
and  three,  Compton  numbers  one  and  two,  Florence,  Los  Angeles  city  numbers 
seventy-two  a,  seventy-two  b,  seventy-three  a,  seventy-three  b,  seventy-four, 
seventy-five,  seventy-six  and  seventy-seven  shall  constitute  the  seventieth 
assembly  district. 

71.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  com- 
prising the  following  election  precincts  and  parts  of  precincts  of  nineteen 
hundred,  to  wit :  Los  Angeles  city  numbers  thirty-seven,  thirty-eight  a,  thirty- 
eight  b,  thirty-nine,  forty,  forty-one,  forty-five  a,  forty-five  b,  forty-six,  all  that 
portion  of  numbers  fifty  and  fifty-one  between  Alameda  Street  and  the  center 
of  Los  Angeles  River,  same  being  north  of  Ninth  Street,  [numbers]  fifty-six, 
fifty-five,  and  fifty-four  shall  constitute  the  seventy-first  assembly  district. 

72.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  com- 
prising the  following  election  precincts  of  nineteen  hundred,  to  wit:  Los 
Angeles  city  numbers  forty-four  a,  forty-four  b,  forty-three,  forty-two,  thirty- 
one,  thirty-two,  thirty-six,  thirty-five  a,  thirty-five  b,  seventy,  and  seventy-one 
shall  constitute  the  seventy-second  assembly  district. 

73.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  com- 
prising the  following  election  precincts  and  parts  of  election  precincts  of  nine- 
teen hundred,  to  wit:  Los  Angeles  city  numbers  forty-seven,  forty-eight  a, 
forty-eight  b,  forty-nine  a,  forty-nine  b,  all  that  part  of  fifty  and  fifty-one 
between  Alameda  Street  and  Central  Avenue,  Third  and  Ninth  streets,  [num- 
bers] fifty-two,  fifty-three,  twenty-eight,  twenty-nine,  thirty,  thirty-three,  thirty- 
four  a,  thirty-four  b,  shall  constitute  the  seventy-third  assembly  district. 

74.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  com- 
prising the  following  election  precincts  of  nineteen  hundred,  to  wit :  Los 
Angeles  city  numbers  one,  two,  three  a,  three  b,  four,  five,  six,  fifty-seven  a, 
fifty-seven  b,  fifty-eight  a,  fifty-eight  b,  fifty-nine,  sixty,  sixty-one,  sixty-two, 
sixty-three,  seven,  eight,  Cahuenga,  Monte  Vista,  National  Military  Home 
numbers  one,  two,  three,  four,  and  five  shall  constitute  the  seventy-fourth 
assembly  district. 

75.  All  that  portion  of  the  county  of  Los  Angeles  included  in  and  compris- 
ing the  following  election  precincts  of  nineteen  hundred,  to  wit:  Los  Angeles 
city  numbers  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen, 
seventeen,  eighteen,  nineteen,  twenty,  twenty-one,  twenty-two,  twenty-three, 
twenty-four,  twenty-five,  twenty-six,  twenty-seven,  and  sixty-nine  shall  consti- 
tute the  seventy-fifth  assembly  district. 

76.  The  county  of  San  Bernardino  shall  constitute  the  seventy-sixth  assem- 
bly district. 

77.  The  county  of  Orange  shall  constitute  the  seventy-seventh  assembly 
district. 

78.  The  county  of  Riverside  shall  constitute  the  seventy-eighth  assembly 
district. 


©78  LEGISLATURE — STAFFORD     UNIVERSITY. 

79.  All  that  portion  of  the  county  of  San  Diego  included  within  the  cor- 
porate limits  of  the  city  of  San  Diego  shall  constitute  the  seventy-ninth  assem- 
bly district. 

80.  All  that  portion  of  the  county  of  San  Diego  not  included  in  the  seventy- 
ninth  district  shall  constitute  the  eightieth  assembly  district. 

§  3.  At  the  general  election  in  the  year  nineteen  hundred  and  two,  and 
every  four  years  thereafter,  a  senator  shall  be  elected  in  each  even-numbered 
senatorial  district  constituted  by  section  one  of  this  act.  At  the  general  elec- 
tion in  the  year  nineteen  hundred  and  four,  and  every  four  years  thereafter, 
a  senator  shall  be  elected  in  each  odd-numbered  senatorial  district  constituted 
by  section  one  of  this  act. 

§  4.  At  the  general  election  in  the  year  nineteen  hundred  and  two,  and 
every  two  years  thereafter,  a  member  of  the  assembly  shall  be  elected  in  each 
of  the  assembly  districts  constituted  by  section  two  of  this  act. 

§  5.  Neither  boards  of  supervisors,  municipal  officers,  nor  any  other  officer 
or  officers,  shall  have  the  power  to  alter  the  boundaries  of  any  township,  ward, 
election  precinct,  or  other  local  subdivision,  of  any  county,  city  and  county, 
city,  or  town,  so  as  to  change  the  boundaries  of  any  senatorial  or  assembly 
district  as  constituted  and  defined  in  this  act. 

§  6.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  7.  This  act  shall  take  effect  on  the  first  day  of  January,  nineteen  hundred 
and  two. 

See   Constitution   1879,   art.    TV,   §  6.      Also,  Pendegast,  96  Cal.  289,  296,  31  Pac.  Rep.  103; 

under    Stats.    1883,    58,    ch.    XXXIV,    and    85,  Senate — People    vs.    Pendegast,    supra;    and 

ch.  XLVII,  designating  assembly  and   sena-  §42 — McPherson    vs.    Bartlett,    65    Cal.    577, 

torial    districts,    see:    Assembly — People    vs.  579,  4  Pac.  Rep.  582. 

LEGISLATIVE    DISTRICTS. 

See  tit.  Legislature  of  California. 

LELAND   STANFORD   JUNIOR   UNIVERSITY. 

Granting  to  the  trustees  of  the  Leland  Stanford  Junior  University  corporate 

powers  and  privileges. 

(Stats.  1901,  4,  ch.  YIII.) 

§  1.  The  trustees  of  the  Leland  Stanford  Junior  University  are  given  the 
right  to  exercise  corporate  powers  and  privileges,  and  to  that  end  they  may 
organize  and  act  as  a  board  of  trustees,  elect  such  officers  of  such  board  as 
they  may  deem  to  be  necessary,  adopt  by-laws,  and  as  such  board,  and  through 
the  officers  thereof,  they  may  transact  such  business,  perform  such  acts  and 
exercise  such  powers  as  they  in  writing  may  provide  may  be  transacted,  per- 
formed and  exercised  by  such  board. 

Such  board  may  adopt  a  seal  which  shall  read,  "Seal  of  the  Leland  Stanford 
Junior  University,"  and  such  seal,  when  attached  to  any  document  or  writing, 
shall  be  prima  facie  evidence  that  such  document  or  writing  was  made  by  and 
under  due  authority  from  such  board  and  from  such  trustees. 


STANFORO     UJVIVERSITV — LEVEE     DISTRICTS.  67» 

Nothing  herein  shall  be  deemed  to  alter  the  tenure  or  limit  the  powers  or 
obligations  of  such  trustees. 

§  2.     This  act  shall  take  effect  from  its  passage. 

See  next  foUowing  statute  and  tit.  Univer  sity  of  California. 

LELAND    STANFORD    JUNIOR    UNIVERSITY. 

Exempting  from  taxation  a  portion  of  the  property  held  in  trust  for  the  benefit 
of  the  Leland  Stanford  Junior  University. 

(Stats.  1901,  4,  ch.  IX.) 

§  1.  The  university  buildings  of  the  Leland  Stanford  Junior  University, 
situate  in  the  county  of  Santa  Clara,  state  of  California,  used  for  university 
purposes,  and  all  bonds  held  or  that  may  be  held  by  the  trustees  of  such 
university  in  trust  for  the  benefit  of  such  university,  shall  be  exempt  from 
taxation;  provided,  that  all  other  property,  real  and  personal,  held  in  trust 
for  the  benefit  of  such  university  shall  be  subject  to  state,  county  and  munici- 
pal taxation ;  and  provided  further,  that  while  this  act  is  in  force  no  fees  shall 
be  charged  residents  of  this  state  for  tuition  at  such  university,  but  such 
tuition  shall  be  entirely  free. 

§  2.     This  act  shall  take  effect  from  its  passage. 

LEPROSY  FUND. 

See  tit.  State  Funds. 

LEVEE  DISTRICTS. 

To  provide  for  the  formation  of  levee  districts  in  the  various  counties  of  this 
state,  and  to  provide  for  the  erection  of  levees,  dikes  and  other  works  for 
the  purpose  of  protecting  the  lands  within  such  districts  from  overflow  and 
to  levy  assessments  to  erect  and  construct  and  maintain  such  levees,  dikes 
and  other  works  and  to  pay  the  necessary  costs  and  expenses  of  maintaining 
said  districts. 

(Stats.  1905,  327,  ch.  CCCX.) 

§  1.  Whenever  the  board  of  supervisors  of  any  county  in  this  state  shall 
receive  a  petition  signed  by  a  majority  of  the  landowners  within  any  portion  of 
said  county,  accompanied  by  a  deposit  sufficient  to  cover  the  cost  of  publication 
of  all  notices  required  by  the  first  two  sections  of  this  act,  which  said  portion 
of  said  county  shall  be  specifically  described  and  set  out  by  metes  and  bounds 
in  said  petition,  asking  that  said  portion  of  said  county  be  set  apart  and  erected 
into  a  levee  distriot  for  the  purpose  of  protecting  the  lands  embraced  in  said 
portion  of  said  county  from  overflow  from  any  river,  stream  or  streams,  or 
watercourse,  the  board  of  supervisors  shall  pass  a  resolution  signifying  its 
intention  to  erect  and  set  apart  said  portion  of  said  county  into  a  levee  district, 
for  the  purpose  of  protecting  the  lands  therein  from  overflow  and  describing  the 
exterior  boundaries  of  the  district  of  lands  embraced  therein  and  to  be  assessed 
to  pay  the  damages,  costs  and  expenses  thereof.  Such  resolution  shall  also  con- 
tain a  notice  to  be  published,  which  said  notice  shall  be  headed  "Notice  of  inten- 
tion of  the  board  of  supervisors  to  form  a  Ipvee  district  "  and  shall  state  the 


680  LEA'EE    DISTRICTS — ME.THOD     OF    FORMATION. 

fact  of  tlie  pasage  of  such  resolution,  with  the  date  thereof,  the  boundaries  of  the 
district,  and  the  statement  that  it  is  proposed  to  assess  all  properties  embraced 
within  such  proposed  levee  district  for  the  purpose  of  paying  the  damages,  costs 
and  expenses  of  erecting  and  repairing  dikes,  levees  and  other  improvements  to 
protect  the  said  lands  from  overflow,  and  the  necessary  expenses  of  maintaining 
the  said  district  and  refer  to  the  resolution  for  further  particulars.  Such  notice 
to  be  given  by  the  board  of  supervisors  and  signed  by  its  clerk, 

§  2,  Such  notice  shall  be  published  for  a  period  of  thirty  days  in  a  news- 
paper published  and  circulated  in  said  county  and  designated  by  said  board  of 
supervisors. 

§  3.  Any  person  interested,  objecting  to  the  formation  of  such  levee  district 
or  to  the  extent  of  the  district  of  lands  to  be  affected  or  benefited  by  erection  or 
repair  of  such  dikes,  levees  or  other  improvements  to  protect  the  same  from 
overflow,  and  to  be  assessed  to  pay  the  costs  and  expenses  thereof,  may  make 
written  objections  to  the  same  within  ten  days  after  the  expiration  of  the  time 
of  the  publication  of  said  notice,  which  objection  shall  be  delivered  to  the  clerk 
of  said  board  of  supervisors,  who  shall  indorse  thereon  the  date  of  its  reception, 
by  him,  and  at  the  next  regular  meeting  of  said  board  of  supervisors,  or  at  an 
adjourned  meeting,  or  a  special  meeting  called  for  that  purpose,  after  the  ex- 
piration of  said  ten  days  lay  such  objections  before  said  board  of  supervisors, 
said  board  shall  then  fix  a  time  for  hearing  of  said  objections  not  less  than  fifteen 
days  thereafter,  and  direct  its  clerk  to  notify  each  person  objecting  of  such  day 
fixed  for  hearing,  by  depositing  a  notice  thereof  in  the  post-office  at  the  county 
seat  of  such  county,  postage  prepaid,  addressed  to  such  person  objecting,  which 
said  notice  shall  be  deposited  in  the  post-office  not  less  than  ten  days  before  the 
day  set  for  hearing. 

§  4.  At  the  time  specified  or  to  which  the  hearing  may  be  adjourned,  the 
board  of  supervisors  shall  hear  the  objections  urged  and  pass  upon  the  same. 
Such  board  may,  in  its  discretion,  sustain,  in  whole  or  in  part,  any  or  all  of  the 
objections  made  and  filed,  and  may  change  or  alter  the  boundaries  of  such 
district  to  conform  to  the  needs  of  the  district,  and  may  in  its  discretion  declare 
such  levee  district  formed  as  a  subdivision  of  such  county,  and  shall  designate 
such  district  by  name  as  the  " Levee  District  of County."  • 

§  5.  If  it  shall  appear  to  the  satisfaction  of  the  board  of  supervisors  that  it 
is  the  desire  of  a  majority  of  the  owners  of  land  in  such  proposed  district  that 
the  same  should  be  erected  into  a  levee  district,  and  that  it  is  just  and  proper, 
they  may  declare  said  territory  a  levee  district  for  the  above  purposes,  and 
record  the  same  in  a  book  to  be  kept  for  that  purpose,  giving  the  metes  and 
bounds,  and  thereafter  the  board  of  supervisors  shall  be  deemed  to  have  acquired 
jurisdiction  to  purchase  or  receive  by  donation,  in  the  name  of  the  district,  any 
real  or  personal  property  necessary  to  properly  carry  out  the  purposes  of  the 
formation  of  such  district  under  the  same  rules  as  govern  the  purchase  of  prop- 
erty in  the  name  of  the  county,  and  to  do  all  things  necessary  for  the  formation 
of  such  district  and  the  erection  and  repair  of  dikes,  levees  and  other  improve- 
ments to  protect  the  lands  within  such  district  from  overflow. 

§  6.  The  board  of  supervisors  of  such  county  shall  also  have  power  to  con- 
demn land  for  the  purposes  of  erecting  dikes,  levees,  and  other  improvements 


LEVEE    DISTRICTS— COMMISSIONERS     AND     SURVEY.  6S1 

for  the  purpose  of  protecting  the  lands  embraced  in  such  district  from  overflow, 
and  for  that  purpose  all  of  the  provisions  of  part  three,  title  seven,  of  the  Code  of 
Civil  Procedure  are  hereby  made  applicable  to  the  exercise  of  the  right  of  emi- 
nent domain  for  such  purposes  or  for  any  purpose  necessary  to  the  needs  of  such 
district  when  formed.  If  such  district  is  created  all  expenses  incurred  in  the 
formation  of  the  same  shall  be  a  charge  against  such  district  and  shall  be  paid 
as  other  claims  against  such  district. 

§  7.     Having  acquired  jurisdiction  as  provided  in  the  foregoing  sections  of 
this  act,  the  board  of  supervisors  shall  immediately  appoint  three  commissioners 
one  of  whom  shall  be  an  engineer,  which  said  commissioners  before  entering 
upon  the  discharge  of  their  duties  shall  take  an  oath  to  faithfully  discharge  the 
same,  and  said  commissioners  shall  proceed  to  cause  a  survey  of  the  contemplated 
improvements  in  the  way  of  the  erection  or  repair  of  levees,  dikes,  and  other 
M^orks  for  the  benefit  of  the  said  district,  and  shall  assess  all  damages  which  may 
be  done  to  any  land,  owner  or  persons,  by  reason  of  the  taking  of  land,  property, 
or  otherwise  for  the  erection,  or  repair  of  such  levees,  dikes,  or  other  works,  and 
shall  ascertain  the  names  of  all  persons  who  waive,  or  claim,  damages  for  the 
same.     And  in  the  event  that  said  commissioners  shall  find  it  necessary  to  use 
any  levee,  or  work  of  protection,  which  has  heretofore  been  constructed  by  private 
enterprise,  the  said  commissioners  shall  cause  the  said  levee,  or  other  work  of 
protection,  to  be  measured,  or  appraised  and  a  value  placed  thereon,  and  shall 
ascertain  the  name  of  the  owner,  or  owners,  of  the  said  levee,  or  work  of  pro- 
tection, and  shall  assess  the  same  as  damages  to  the  owner,  or  owners.     And  the 
said  commissioners  shall  estimate  the  total  cost  for  all  purposes  of  erecting,  con- 
structing or  repairing  said  levees,  dikes  or  other  works,  and  maintaining  the 
same  for  one  year,  including  all  damages  awarded  and  shall  thereupon  make  a 
report  of  the  foregoing  matters  to  the  board  of  supervisors.    The  board  of  super- 
visors at  the  next  regular  meeting  after  filing  of  the  report  of  said  commissioners, 
or  at  the  time  when  the  report  was  filed  (if  then  in  session),  must  fix  a  day  for 
hearing  the  same ;  and  must  give  notice  of  the  time  and  place  of  such  hearing 
by  publication  at  least  once  each  week  for  at  least  two  successive  weeks,  before 
such  hearing,  in  a  newspaper  published  and  circulated  in  the  county,  to  be 
designated  by  the  board.     Said  notice  shall  intelligently  describe  the  proposed 
route  or  line  upon  which  said  levees,  dikes,  and  other  works  are  to  be  erected^ 
and  the  names  of  the  owner  of  lands,  or  other  property,  through  which  the  same 
runs,  if  known,  and  if  not  known,  that  fact  must  be  stated.     The  board  must, 
on  the  day  fixed  for  the  hearing,  or  to  which  it  may  be  postponed  or  continued, 
hear  the  evidence  offered  by  parties  interested  for  or  against  the  proposed  works, 
and  the  damages  assessed  for  the  same  by  said  commissioners,  and  must  ascertain, 
and  by  order  declare  the  amount  of  damage  awarded  each  owner  where  such 
damages  are  claimed,  and  declare  the  report  of  said  commissioners  to  be  adopted 
or  rejected  in  whole,  or  in  part.     Said  report  so  adopted  showing  the  estimated 
damages,  costs  and  expenses  for  the  erection  or  repair,  of  such  dikes,  levees,  and 
other  works,  and  the  maintaining  of  the  same  for  one  year,  shall  be  the  basis 
for  the  assessment  of  the  lands  within  the  boundaries  of  said  district  for  such 
year,  and  thereupon  such  commissioners  shall  be  discharged.     And  the  said 
board  of  supervisors  shall  from  year  to  year  thereafter,  as  may  be  necessary, 
appoint  three  commissioners  as  hereinbefore  provided,  whose  duties  shall  be 


683  LEVEE     DISTRICTS— DUTY     OF     COUNTY     SUPERVISORS. 

the  same  as  hereinbefore  set  out,  and  who  shall  report  to  the  board  of  supervisors 
the  necessary  costs  and  expenses  for  the  erection  or  repair,  of  dikes,  levees,  and 
other  works,  and  the  cost  of  maintaining  the  same  for  that  year,  to  the  board  of 
supervisors,  and  said  report  shall  be  acted  upon  and  adopted  by  said  board  in  the 
same  manner  as  hereinbefore  set  out,  and  the  adoption  of  such  report  shall  in 
each  instance  form  the  basis  of  the  estimate  of  the  board  of  supervisors  of  the 
amount  of  money  required  to  be  raised  by  assessment  of  said  lands  within  such 
district  for  such  year. 

§  8.  The  commissioners  mentioned  in  this  act,  other  than  the  engineer,  shall 
receive  for  their  services  the  sum  of  five  dollars  per  day  while  actually  em- 
ployed, and  such  engineer  shall  receive  such  compensation  as  may  be  agreed 
upon  between  said  engineer  and  the  board  of  supervisors,  and  the  compensation 
of  such  commissioners,  and  all  expenses  incurred  by  them  shall  be  considered  as 
an  expense  of  the  work  of  improvements  of  said  district,  and  shall  be  chargeable 
and  payable  as  are  other  expenses  of  such  district  are  paid. 

§  9.  The  county  assessor  of  such  county  shall  on  or  before  the  first  day  of 
September  of  each  year  after  the  formation  of  such  district,  and  at  such  other 
times  as  the  board  of  supervisors  shall  require,  furnish  said  board  of  supervisors 
with  a  detailed  statement  showing  the  names  of  all  owners  of  land  within  the 
boundaries  of  said  district,  and  the  assessed  valuation  of  said  land  and  improve- 
ments thereon,  as  shown  on  the  last  preceding  assessment  made  by  such  assessor 
on  the  lands  within  such  district.  The  word  land  shall  be  held  to  include  all  rail- 
road beds  within  the  district. 

§  10.  At  the  time  when  by  law  it  is  the  duty  of  the  board  of  supervisors  of 
such  county  to  fix  the  annual  tax  rate  for  such  county,  the  said  board  of  super- 
visors, taking  as  a  basis  the  last  previous  report  of  the  commissioners  as  herein- 
before specified,  and  adopted  by  them,  for  the  amount  of  moneys  necessary  to  be 
raised  in  said  district  for  the  purposes  thereof  for  that  year,  and  the  valuation 
of  the  lands  and  improvements  thereon  within  such  district  as  furnished  them 
by  the  county  assessor,  must  levy  a  tax  upon  all  taxable  property  in  such  levee 
district  sufficient  to  raise  the  amount  set  forth  in  the  report  as  made  by  said 
commissioners  and  adopted  by  said  board  of  supervisors.  The  rate  of  taxation 
shall  be  ascertained  by  deducting  fifteen  per  centum  for  anticipated  delinquen- 
cies from  the  aggregate  value  of  the  lands  and  improvements  thereon  in  said 
district,  as  shown  by  the  statement  prepared  and  furnished  to  the  said  board  of 
supervisors  by  the  assessor  as  hereinbefore  provided,  and  then  dividing  the  sum 
necessary  to  be  raised  in  said  levee  district  by  the  remainder  of  such  aggregate 
assessed  value  as  shown  in  said  statement  as  furnished  by  said  assessor.  The 
taxes  so  levied  shall  be  computed  and  entered  on  the  assessment  roll  by  the 
county  auditor,  and  collected  at  the  same  time  and  in  the  same  manner  as  state 
and  county  taxes;  and  when  collected  shall  be  paid  into  the  county  treasury  for 
the  use  of  the  said  levee  district  in  which  said  taxes  was  levied.  And  all  taxes 
so  levied  as  hereinbefore  provided  shall  be  a  lien  upon  the  lands  and  properties 
in  said  district  in  the  manner  and  with  the  same  effect,  and  collected  in  the 
same  way  as  are  state  and  county  taxes. 

§  11.     All  moneys  collected  from  such  district  for  such  taxes,  and  all  moneys 
received  from  any  source  for  the  benefit  of  such  district  shall  be  by  the  county 


LKVEB    DISTRICTS — SUPISR  VISORS     TO     CONTROL,.  683 

treasurer  placed  in  a  fund  to  be  called  the  " Levee  District  Fund;"  and 

all  payments  of  any  of  the  expense  of  the  work  of  improvements  or  other  ex- 
penses of  such  district  shall  be  made  upon  warrants  dra^vn  by  the  county 
auditor  upon  said  fund,  and  paid  by  said  treasurer,  and  all  claims  as  well  for 
the  land  and  improvements  taken  or  damages,  as  for  the  charges  and  expenses, 
shall  be  paid  as  are  other  claims  against  the  county  and  upon  order  of  the 
board  of  supervisors,  and  the  claims  shall  be  itemized  in  the  same  manner  as 
are  other  claims  against  the  county. 

§  12.  The  board  of  supervisors  of  such  county  shall  have  the  same  super- 
vision and  the  same  control,  and  exercise  the  same  authority,  over  the  affairs 
and  property  of  such  district  as  are  given  to  the  said  board  of  supervisors  by 
law  over  the  property  and  affairs  of  the  county.  No  levees,  dikes,  or  other  works 
must  be  constructed  or  repaired  except  on  the  order  of  the  board  of  supervisors, 
and  when  such  repair  or  construction  will  exceed  the  sum  of  five  hundred  dollars 
the  same  must  be  repaired  or  constructed  under  a  contract  let  after  reasonable 
notice  given  by  the  said  board  of  supervisors,  by  publishing  said  notice  at  least 
once  a  week  for  two  weeks  in  a  newspaper  published  and  circulated  in  said 
county,  and  designated  by  said  board.  All  bids  shall  be  sealed;  and  shall  be 
opened  at  the  time  specified  in  the  notice,  and  the  contract  awarded  to  the 
lowest  responsible  bidder.  The  board  may,  however,  reject  any  and  all  bids. 
The  contract  and  bond  for  its  performance  must  be  entered  into  and  approved 
by  the  board  of  supervisors,  except,  however,  in  cases  of  great  emergency,  by 
the  unanimous  consent  of  the  whole  board  they  may  proceed  at  once  to  replace 
or  repair  any  and  all  levees,  dikes,  or  other  works  of  whatever  nature,  without 
notice.  Prior  to  the  publication  of  the  notice  of  the  letting  of  any  contract  for 
the  erection  or  repair  of  dikes,  levees  or  other  works  the  board  of  supervisors 
must  cause  to  be  prepared  by  a  competent  engineer,  plans,  specifications,  and 
working  details  of  such  work,  which  said  plans  and  specifications  shall  be  adopted 
by  the  board  of  supervisors  and  filed  in  the  office  of  the  clerk  of  said  board,  and 
shall  be  subject  to  inspection  by  any  person  for  at  least  two  weeks  prior  to  the 
date  of  the  letting  of  such  contract.  The  board  of  supervisors  must  appoint  an 
engineer  to  superintend  the  construction,  repair  or  other  work  to  be  done  under 
such  plans  and  specifications  and  no  claims  shall  be  allowed  for  any  work  done 
under  any  contract  let  under  such  plans  and  specifications  without  a  certificate 
being  first  filed  in  the  office  of  the  clerk  of  the  board  of  supervisors  signed  by 
said  engineer  certifying  that  such  work  has  been  completed  and  constructed 
according  to  such  plans  and  specifications,  and  the  terms  of  the  contract ;  such 
engineer  shall  be  paid  such  compensation  as  may  be  agreed  upon  by  said  board 
of  supervisors  and  such  compensation  shall  be  paid  in  the  same  manner  as  other 
claims  against  said  district. 

§  13.  The  board  of  supervisors  shall  have  power  to  appoint  a  superin- 
tendent for  said  district  whenever  said  board  of  supervisors  shall  deem  such 
superintendent  necessary,  to  supervise,  care  for  and  make  necessary  repairs 
of  all  levees,  dikes,  and  other  works  of  said  district  under  the  supervision 
and  direction  of  said  board.  The  compensation  of  such  superintendent  shall 
not  exceed  the  sum  of  fifty  dollars  per  month  and  he  shall  hold  his  position 
subject  to  the  will  of  said  board.  Provided,  that  whenever  the  said  board 
of  supervisors  shall  deem  it  necessary  the  said  board  shall  have  power  to 


684  LEVEE    DISTRICTS— SACRAMENTO     COUNTY. 

employ  a  competent  engineer  and  an  attorney  or  attorneys  at  such  compen- 
sation as  may  be  agreed  upon,  to  perform  any  and  all  necessary  engineering, 
and  legal  work  for  said  district.  The  compensation  of  such  engineer,  attor- 
ney or  attorneys  and  such  superintendent  shall  be  paid  the  same  as  other 
claims  against  the  said  district. 

§  14.  "Whenever  said  board  of  supervisors  shall  consider  that  the  con- 
struction or  repair  of  dikes,  levees,  or  other  works  of  said  district  along  or 
upon  any  of  the  county  roads  of  such  county,  will  be  for  the  mutual  benefit 
of  such  district  and  such  county,  then,  in  that  event,  the  said  board  of  super- 
visors shall  have  power,  and  may  contribute  to  the  expense  and  cost  of 
such  work,  such  sums  of  money  as  they  may  deem  proper  on  behalf  of  the 
county,  and  such  moneys  shall  be  paid  out  of  either  the  general  road  fund  or 
the  special  fund  of  any  road  district  or  in  which  said  work  is  done,  and  as  a 
majority  of  said  board  of  supervisors  may  determine. 

§  15.  If  at  any  time  in  the  opinion  of  the  board  of  supervisors  the  expendi- 
ture of  money  is  absolutely  necessary  to  the  welfare  of  such  levee  district,  and 
there  is  no  money  in  the  fund  of  such  district  to  make  such  necessary  ex- 
penditures, or  the  money  in  such  funds  is  insufficient  to  make  such  necessary 
expenditure  [s],  then  the  board  of  supervisors  may  advance  such  money  out  of 
the  general  fund  of  the  county  for  such  purpose,  and  as  soon  as  there  is 
sufficient  money  in  the  fund  of  such  levee  district  to  pay  the  amount  so 
advanced,  the  board  of  supervisors  shall  direct  the  county  treasurer  to  trans- 
fer to  the  general  fund  of  the  county  from  the  fund  of  said  levee  district  a 
sum  sufficient  to  repay  the  amount  so  advanced. 

§  16.  This  act  is  not  intended  to  supersede  or  repeal  any  other  act  for 
the  construction  or  maintenance  of  ditches,  levees,  dikes,  or  works  of  protec- 
tion, or  for  drainage  or  for  reclamation  purposes,  but  is  intended  as  an  inde- 
pendent and  alternative  means  of  constructing  and  erecting  such  ditches, 
levees,  dikes,  or  other  works  of  protection  where  most  applicable  or  desirable 
to  the  parties  interested. 

LEVEES— SACRAMENTO  COUNTY. 

AS  TO  CONSTRUCTION  AND  REPAIR  OF  Funding  debt  of  District  No.  6,  see  Stats. 

LEVEES— In   Sacramento  County,   see   Stats.  1891,  235. 

1862,  151,  cJi.  CLVIII,  amended  1862,  459,  To  define  boundaries  and  provide  for 
ch.    CCCXXXVI;    1862,    548,    ch.    CCCCXXV;  government    of    District    No.    6,    see    Stats. 

1863,  468,  cli.   CCCXV.  1891,   237. 

Levee   District  No.   1,   Sacramento  County.  To  organize  districts  In  Ynba,  Sutter,  and 

-See    Stats.    1877-8,    853,    ch.    DLI,    amended       Placer  counties,   see   Stats.    1877-8,   732. 


1880,  65,  241,  ch.   CXL. 


As   to   levee    districts    In    El    Monte   ToTvn- 


Levee  Districts — Sutter   County. — Defining  ship,  Los  Angeles   County,   see   Stats.  1873-4, 

boundaries,    etc..    Levee    District    No.    1,    see  768,  ch.  DXXXII. 

Stats.    1873-4,    511,    ch.    CCCXLIX,    amended  Bear    River    District.— See    Stats.     1877-8, 

1877-8,  914;  1889,  355;  1901,  629.  732,    relating    to    Yuba,    Sutter,    and    Placer 

Defining    boundaries,    etc..    District   No.    2,  counties, 

see     Stats.     1875-6,     391,     supplemented    and  The   general   act   providing   for    organiza- 

amended  1893,  199;   1895,  236.  tlon    of    levee    districts    to    protect    against 

Empowering  trustees  of  District  No.  1   to  unnavigable    streams     (Stats.     1891.     30,    ch. 

fund      debt,      issuing     bonds     therefor,      see  XLVI)      was     repealed     by     amendment     to 

Stats.   1880,   30.  §4085,  Pol  Code,  Stats,  and  Amdts.  1893,  111. 

The    fund    of    District    No.    5     (and    other  As  to  that  statute,  see  De  Baker  vs.  Batch- 
funds)    abolished.— Stats.   1893,   6.  eller,  97  Cal.  472,  32  Pac.  Rep.  512. 

Defining   boundaries    and    organizing    Dis-  Under   section   3489   of  the   Political    Code, 

trlct  No.  6,  see  Stats.  1891,  237.  as  amended  by   Stats.    1877-8,   62,   levee   dis- 


LEVEE     DISTRICTS — IXDEBTEDNESS — FORM     OF     BOND.  6S."i 

trlcts    theretofore    formed    were    authorized  tits.   County  Government  Aet,  §25,  subd.   41; 

to     reorganize     as     tlierein     provided.       This  Proteotlon  Dis-itriets;  Reclamation  Districts} 

applies    also    to    swamp-land    and    reclama-  Swamp-Land  Districts. 

tion   districts.  Also   see   next   following-   statute,   relating 

See    Constitution   1879,    art.    IV,    §  24;    also  to  funding  of   indebtedness. 

LEVEE   DISTRICTS— INDEBTEDNESS. 

To  provide  for  the  funding  and  refunding  of  the  indebtedness  of  levee  and 

protection  districts. 

(Stats.  1897,  424,  ch.  CCLXVI.) 

§  1.  The  board  of  directors  or  trustees  of  any  levee  or  protection  district 
having  an  outstanding  indebtedness  of  not  less  than  twenty  thousand  dollars, 
evidenced  by  bonds  or  warrants  of  such  districts,  by  a  vote  of  two  thirds  of  all 
the  members  thereof,  are  empowered,  if  they  deem  it  for  the  best  interest 
of  such  district  to  fund  and  refund  the  same,  or  any  part  thereof,  and  issue 
bonds  of  such  district  therefor,  in  sums  of  not  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars  each,  having  not  more  than  twenty  years 
to  run,  and  bearing  a  rate  of  interest  not  exceeding  seven  per  centum  per  annum, 
payable  semiannually,  which  bonds  shall  be  substantially  in  the  following  form : 

No.  .     (Name  of  district),  in  the  county  of  ,  state  of  California, 

for  value  received,  promises  to  pay ,  or  order,  at  the  office  of  the  treasurer 

of  said  district,  in  ,  California,  on  or  before  the  first  day  of ,  19 — , 

the  sum  of dollars,  in  gold  coin  of  the  United  States,  with  interest  at  the 

rate  of per  centum  per  annum,  payable  at  the  office  of  said  treasurer  semi- 
annually, on  the  first  day  of and in  each  year,  on  presentation  and 

surrender  of  the  interest  coupons  hereto  attached.     This  bond  is  issued  by 

the  board  of  of  said  district  in  conformity  with  a  resolution  of  said 

board,  dated  the  day  of  ,  eighteen  hundred  and  ,  and  under 

authority  conferred  upon  said  board  by  the  provisions  of  an  act  of  the  legis- 
lature of  California,  entitled  "An  act  to  provide  for  the  funding  and  refunding 
of  the  indebtedness  of  levee  and  protection  districts,"  approved  (insert  date 
of  approval  of  the  act). 

In  testimony  whereof,  the  said  district,  by  its  board  of  -,  has  caused  this 

bond  to  be  signed  by  the  chairman  of  said  board,  and  attested  by  the  auditor 
of county,  with  his  seal  of  office  attached,  this day  of ,  19 — . 


Chairman  of  said  Board. 
Attest :  ,  Auditor  of county. 

And  the  interest  coupons  shall  be  in  the  following  form : 
The  treasurer  of  (name  of  district)  will  pay  to  the  holder  hereof,  on  the 
day  of ,  1 ,  at  his  office  in , dollars,  gold  coin,  for  inter- 


est on  bond  of  said  district  numbered 


§  2.  Bonds  issued  under  this  act  shall  be  numbered  consecutively,  signed 
by  the  chairman  of  the  board  of  directors,  or  trustees,  as  the  case  may  be, 
and  delivered  to  the  auditor  of  the  county  in  which  the  levee  or  protection 
district  is  situated,  who  shall  countersign  the  same  and  affix  thereto  his 
official  seal,  and  shall  by  him  be  delivered  to  the  treasurer  of  the  district,  who 
shall  deliver  to  such  auditor  his  receipt  therefor,  and  said  treasurer  shall  stand 


686 


LEVEE    DISTRICTS— LEVY    TO     PAY     BONDS    AND     INTEREST. 


charged  on  his  official  bond  with  all  bonds  delivered  to  him  and  the  proceeds 
thereof,  and  he  shall  sell  the  same  or  exchange  them  under  the  direction  of 
the  board  of  directors  or  trustees  of  such  levee  or  protection  district,  on  the 
best  available  terms,  for  any  legal  indebtedness  of  such  district,  but  in  neither 
case  for  a  less  sum  than  the  face  value  of  the  bonds  and  all  interest  accrued 
thereon  at  the  date  of  such  sale  or  exchange ;  and  if  any  portion  of  such  bonds 
are  sold  for  money,  the  proceeds  thereof  shall  be  applied  exclusively  to  the 
payment  of  liabilities  existing  against  the  district  at  the  date  last  above 
named.  When  they  are  exchanged  for  bonds  or  warrants  or  other  legal  evi- 
dences of  district  indebtedness,  the  treasurer  shall  at  once  cancel  such  evidences 
of  indebtedness  by  indorsing  thereon  the  amount  for  which  they  were  re- 
ceived, the  word  "Canceled"  and  the  date  of  cancelation.  He  shall  keep  a 
record  of  all  bonds  sold  or  exchanged  by  him,  by  number,  date  of  sale,  amount, 
date  of  maturity,  the  name  and  post-office  address  of  purchasers,  and,  if  ex- 
changed, what  evidence  of  indebtedness  was  received  therefor,  which  record 
shall  be  open  at  all  times  for  public  inspection.  No  such  bonds  shall  be  sold 
or  exchanged  for  any  indebtedness  of  the  district  except  by  the  approval  of 
the  board  of  directors  or  trustees  thereof. 

§  3.  The  board  of  directors  or  trustees  shall  cause  to  be  assessed  and  levied 
each  year  upon  the  assessable  property  of  the  district,  in  addition  to  the  levy 
authorized  for  other  purposes,  a  sufficient  sum  to  pay  the  interest  on  out- 
standing bonds,  issued  in  conformity  with  the  provisions  of  this  act,  accruing 
before  the  next  annual  levy,  and  such  proportion  of  the  principal,  that  at  the 
end  of  five  years  the  sum  raised  from  such  levies  shall  equal  at  least  twenty 
per  centum  of  the  amount  of  bonds  issued,  at  the  end  of  nine  years  at  least 
forty  per  centum  of  the  amount,  and  at  and  before  the  date  of  maturity  of 
the  bonds  shall  be  equal  to  the  whole  amount  of  the  principal,  and  the  money 
arising  from  such  levies  shall  be  known  as  the  bond  fund,  and  shall  be  used 
for  the  payment  of  bonds  and  interest  coupons,  and  for  no  other  purpose 
whatever;  and  the  treasurer  shall  open  and  keep  in  his  books  a  separate  and 
special  account  thereof,  which  at  all  times  shall  show  the  exact  condition  of 
said  bond  fund. 

§  4.  "Whenever  there  shall  be  in  the  bond  fund  of  such  district  a  surplus 
of  five  hundred  dollars  or  more,  over  and  above  the  interest  maturing  before 
the  next  levy,  the  treasurer  shall  give  notice  for  two  weeks  in  one  or  more 
newspapers  of  general  circulation,  printed  and  published  in  the  county  in 
which  such  district  is  situated,  stating  the  amount  of  such  surplus,  and  that 
on  the  day  and  hour  named  in  such  notice,  sealed  proposals  will  be  received 
at  his  office  for  the  surrender  of  bonds  of  the  district,  and  shall  at  the  time 
and  place  named  open  the  proposals  and  accept  the  lowest  bid ;  provided,  that 
no  bid  shall  be  accepted  for  an  amount  exceeding  the  par  value  of  such  bonds 
with  accrued  interest;  if  bids  are  not  offered  at  par,  or  less,  sufficient  to 
exhaust  the  amount  on  hand  applicable  to  redemption,  the  treasurer  shall  pub- 
lish for  the  same  time  and  in  the  same  manner  a  notice  that  he  will  redeem  a 
bond  or  bonds  of  said  district,  giving  the  number  or  numbers  thereof,  and 
that  if  not  presented  for  redemption  within  thirty  days  after  the  date  of  the 
first  publication  of  such  notice,  the  interest  thereon  will  cease,  and  the  amount 
due  thereon  will  be  set  aside  for  the  payment  of  such  bond  or  bonds  when- 


LEWIS    AJVD    CXAKK    EXPOSITION— API'KOPRIATIOKT.  68T 

ever  presented.  If  any  such  bond  be  not  so  presented,  interest  thereon 
shall  cease,  and  the  amount  due  thereon  shall  be  set  aside  as  specified  in  said 
notice.  All  redemption  of  bonds  other  than  those  voluntarily  surrendered 
shall  be  made  in  the  exact  order  of  their  issuance,  beginning  with  the  lowest 
or  first  number. 

§  5.     This  act  shall  take  effect  immediately. 

LEWIS    AND    CLARK    EXPOSITION— APPROPRIATION. 

Appropriating  money  to  pay  the  expenses  of  maintaining  an  exhibit  of  the 
products  of  the  state  of  California,  at  the  Lewis  and  Clark  exposition  to 
be  held  in  the  city  of  Portland,  Oregon,  in  nineteen  hundred  and  live,  and 
to  provide  for  a  commissioner  thereof. 

(Stats.  1903,  207,  eh.  CLXXXVII.) 

§  1.  The  governor  of  the  state  of  California  is  hereby  appointed  a  commis- 
sioner, to  be  known  as  the  Lewis  and  Clark  exposition  commissioner,  and  he 
shall  have  exclusive  charge  and  control  thereof,  with  power  to  appoint  all 
necessary  persons  for  the  purpose  of  carrying  out  the  provisions  of  this  act, 
and  the  expenditure  of  all  moneys  herein  appropriated  by  the  state  of  Cali- 
fornia for  the  construction  of  buildings  and  maintaining  an  exhibit  of  the 
products  of  the  state  of  California,  at  the  Lewis  and  Clark  exposition  to  be 
held  in  the  city  of  Portland,  state  of  Oregon,  in  the  year  nineteen  hundred  and 
five. 

§  2.  The  governor  of  the  state  of  California  shall  receive  no  compensation 
for  his  services,  but  he  shall  have  the  power  to  employ  suitable  persons,  and 
upon  such  terms  as  he  shall  deem  just  and  equitable,  for  the  purpose  of  carry- 
ing out  the  provisions  of  this  act. 

§  3.  The  sum  of  twenty  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated,  to  meet  the  expenses  of  erecting  buildings,  and  col- 
lecting and  maintaining  an  exhibit  of  the  products  of  the  state  of  California 
at  the  Lewis  and  Clark  exposition  to  be  held  in  the  city  of  Portland,  state  of 
Oregon,  in  the  year  nineteen  hundred  and  five,  and  the  controller  is  hereby 
directed  to  draw  his  warrant  on  the  general  fund  from  time  to  time  for  such 
portion  of  twenty  thousand  dollars,  and  in  favor  of  such  persons,  as  the  governot- 
of  the  state  of  California,  such  commissioner  hereinabove  referred  to,  shall  direct, 
and  the  state  treasurer  is  directed  and  empowered  to  pay  the  same. 

§  4.  It  shall  be  the  duty  of  all  public  institutions  in  the  state  of  California 
to  assist  the  said  commissioner  in  every  possible  w-ay  by  loaning  him  such 
material  in  their  possession  as  will  add  to  the  attractive  features  of  the  state 
exhibit. 

§  5.  This  act  is  exempt  from  the  provisions  of  section  six  hundred  and  seventy- 
two  of  the  Political  Code  of  the  state  of  California. 

§  6.  This  act  shall  take  effect  and  be  in  force  from  and  after  July  first,  nine- 
teen hundred  and  four. 


BSa  LEWIS    AND     CLARK    EXPOSITION — LIBEL     AND     SLANDER. 

LEWIS   AND    CLARK   EXPOSITION— APPROPRIATION. 

Making  an  additional  appropriation  to  pay  the  expenses  of  maintaining  an 
exhibit  of  the  products  of  the  state  of  California,  at  the  Lewis  and  Clark 
exposition  to  be  held  in  the  city  of  Portland,  Oregon,  in  nineteen  hundred 
and  five. 

(Stats.  1905,  3,  ch.  V.) 

§  1.  In  addition  to  the  appropriation  heretofore  made  in  an  act  of  the 
legislature  entitled  "An  act  appropriating  money  to  pay  the  expenses  of 
maintaining  an  exhibit  of  the  products  of  the  state  of  California,  at  the  Lewis 
and  Clark  exposition  to  be  held  in  the  city  of  Portland,  Oregon,  nineteen  hundred 
and  five,  and  to  provide  for  a  commissioner  thereof,"  approved  March  eighteenth, 
nineteen  hundred  and  three,  there  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated  seventy  thousand  dollars  ($70,000)  to 
meet  the  expenses  of  erecting  buildings,  and  collecting  and  maintaining  an 
exhibit  of  the  products  of  the  state  of  California  at  the  Lewis  and  Clark 
exposition  to  be  held  in  the  city  of  Portland,  Oregon,  in  the  year  nineteen 
hundred  and  five,  and  the  controller  is  hereby  directed  to  draw  his  warrant  on 
the  general  fund  from  time  to  time  for  such  portion  of  said  seventy  thousand 
dollars  and  in  favor  of  such  persons,  as  the  governor  of  the  .state  of  California, 
the  commissioner  named  in  said  above-mentioned  act,  shall  direct,  and  the  state 
treasurer  is  directed  and  empowered  to  pay  the  same. 

§  2.  This  act  is  exempt  from  the  provisions  of  section  six  hundred  and 
seventy-two  of  the  Political  Code  of  the  state  of  California. 

§  3.     This  act  shall  take  effect  on  and  after  its  passage. 

LEXINGTON. 

See  tits.  El  Monte;  Municipal  Corporations. 

LIBEL  AND   SLANDER. 

Concerning  actions  for  libel  and  slanderl 
(Stats.  1871-2,  533,  ch.  CCCLXXVII.) 

§  1.  In  an  action  for  libel  or  slander  the  clerk  shall,  before  issuing  the 
summons  therein,  require  a  written  undertaking  on  the  part  of  the  plaintiff 
in  the  sum  of  five  hundred  (500)  dollars,  with  at  least  two  competent  and 
sufficient  sureties,  specifying  their  occupations  and  residences,  to  the  effect 
that  if  the  action  be  dismissed  or  the  defendant  recover  judgment,  that  they 
will  pay  such  costs  and  charges  as  may  be  awarded  against  the  plaintiff  by 
judgment,  or  in  the  progress  of  the  action,  or  on  appeal,  not  exceeding  the 
sum  specified  in  the  undertaking.  An  action  brought  without  filing  the  under- 
taking required  shall  be  dismissed. 

§  2.  Each  of  the  sureties  on  the  undertaking  mentioned  in  the  first  section 
shall  annex  to  the  same  an  affidavit  that  he  is  a  resident  and  householder  or 
freeholder  within  the  county,  and  is  worth  double  the  amount  specified  in  the 
undertaking  over  and  above  all  his  just  debts  and  liabilities,  exclusive  of 
property  exempt  from  execution. 


LIBIi^L.     AND     SLAlVDIi:R — ESTABLISHMENT     OF     LIBRARIES.  689 

§  3,  Within  ten  days  after  the  service  of  the  summons  the  defendants,  or 
either  of  them,  may  give  to  the  plaintiff  or  his  attorney  notice  that  they  or  he 
except  to  the  sureties  and  require  their  justification  before  a  judge  of  the 
court  at  a  specified  time  and  place,  the  time  to  be  not  less  than  five  nor  more 
than  ten  days  thereafter,  except  by  consent  of  parties.  The  qualifications  of 
the  sureties  shall  be  as  required  in  their  affidavits.  [Amendment,  Stats.  1880, 
81.] 

§  4.  For  the  purpose  of  justification,  each  of  the  sureties  shall  attend  before 
the  judge  at  the  time  and  place  mentioned  in  the  notice,  and  may  be  examined 
on  oath  touching  his  sufBcieucy  in  such  manner  as  the  judge  in  his  discretion 
shall  think  proper.  The  examination  shall  be  reduced  to  writing  if  either 
party  desires  it. 

§  5.  If  the  judge  finds  the  undertaking  sufficient,  he  shall  annex  the  exam- 
ination to  the  undertaking,  and  indorse  his  approval  thereon.  If  the  sureties 
fail  to  appear,  or  the  judge  finds  the  sureties  or  either  of  them  insufficient, 
he  shall  order  a  new  undertaking  to  be  given.  The  judge  may  also  at  any 
time  order  a  new  or  additional  undertaking  upon  proof  that  the  sureties  have 
become  insufficient.  In  case  a  new  or  additional  undertaking  is  ordered,  all 
proceedings  in  the  case  shall  be  stayed  until  such  undertaking  is  executed  and 
filed,  with  the  approval  of  the  judge. 

§  6.  If  the  undertaking  as  required  be  not  filed  in  five  days  after  the 
order  therefor,  the  judge  or  court  shall  order  the  action  to  be  dismissed. 

§  7.  In  case  plaintiff  recovers  judgment,  he  shall  be  allowed  as  costs  one 
hundred  (100)  dollars,  to  cover  counsel  fees,  in  addition  to  the  other  costs. 
In  case  the  action  is  dismissed,  or  the  defendant  recover  judgment,  he  shall 
be  allowed  one  hundred  (100)  dollars,  to  cover  counsel  fees,  in  addition  to 
the  other  costs,  and  judgment  therefor  shall  be  entered  accordingly. 

Jacobi    vs.    Bauer,    55    Cal.    554;    Dixon    vs.  Cal.  421,  29  Pac.  Rep.  341.     See  KERR'S  CYC. 

Allen,    69    Cal.    527,    530.    11    Pac.    Rep.    179;  CIV.    CODE     §§  44-48     and     notes;      KERR'S 

Stinson    vs.    Carpenter,   78   Cal.    571,    21    Pac.  CYC.  CODE  CIV.  PROC.  §§  340,   460,   461  and 

Rep.    304;    §§1,  2 — Smith   vs.    McDermott,    93  notes. 

LIBRARIES— ESTABLISHMENT  OF. 

To  provide  for  the  establishment  and  maintenance  of  public  libraries  within 

municipalities. 

(Stats.  1901,  557,  eh.  CLXX;  amended  1905,  296,  ch.  CCXCII.) 

§  1.  The  common  council,  board  of  trustees,  or  other  legislative  body  of 
any  incorporated  city  or  town  in  the  state  of  California,  may,  and  upon  being 
requested  to  do  so  by  one  fourth  of  the  electors  of  such  municipal  corporation 
in  the  manner  hereinafter  provided,  must,  by  ordinance,  establish  in  and  for 
said  municipality  a  public  library;  provided,  there  be  none  already  established 
therein. 

§  2.  The  request  referred  to  in  the  preceding  section  may  be  by  a  single 
petition,  or  by  several  petitions;  provided,  that  such  several  petitions  be  sub- 
stantially in  the  same  form,  and  that  such  single  petition  has,  or  such  several 
petitions  in  the  aggregate  have,  the  signatures  of  the  requisite  number  of 
electors. 

Gen.    Laws — 44 


600  L.IBRARIES — MANAGEME2VT    BV     BOARD     OF    TRUSTEES. 

§  3.  Such  public  library  shall  be  managed  by  a  board  designated  as  the 
board  of  library  trustees,  consisting  of  five  members,  to  be  appointed  by 
the  mayor,  president  of  the  board  of  trustees  or  other  executive  head  of  the 
municipality,  by  and  with  the  consent  of  the  legislative  body  of  said  munici- 
pality. Such  trustees  shall  severally  hold  office  for  three  years,  serving  with- 
out compensation ;  provided,  that  the  members  of  the  first  board  appointed 
shall  so  classify  themselves  by  lot  that  one  of  their  number  shall  go  out  of 
office  at  the  end  of  the  current  fiscal  year,  two  at  the  end  of  one  year  there- 
after, and  the  other  two  at  the  end  of  two  years  thereafter.  Men  and  women 
shall  be  equally  eligible  to  such  appointment,  and  vacancies  shall  be  filled  by 
appointment  for  the  unexpired  term  in  the  same  manner. 

§  4.  Boards  of  library  trustees  shall  meet  at  least  once  a  month  at  such 
times  and  places  as  they  may  fix  by  resolution.  Special  meetings  may  be 
called  at  any  time  by  three  trustees,  by  written  notice  served  upon  each 
member  at  least  three  hours  before  the  time  specified  for  the  proposed  meet- 
ing. A  majority  of  the  board  shall  constitute  a  quorum  for  the  transaction 
of  business.  Such  boards  shall  appoint  one  of  their  number  president,  who 
shall  serve  for  one  year  and  until  his  successor  is  appointed,  and  in  his  absence 
shall  select  a  president  pro  tempore.  Such  boards  shall  cause  a  proper  record 
of  their  proceedings  to  be  kept  and  at  the  first  meeting  of  the  board  of 
trustees  of  any  library  formed  under  the  provisions  of  this  act,  it  must  imme- 
diately upon  organization  cause  to  be  made  out  and  filed  with  the  state 
librarian  at  Sacramento,  a  certificate  showing  that  such  library  has  been  estab- 
lished, with  the  date  thereof,  the  names  of  the  trustees  and  of  the  officers  of  the 
board  chosen  for  the  first  year.     [Amendment,  Stats.  1905,  296.] 

§  5.     Boards  of  library  trustees  shall  have  power : 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws  necessary  for 
the  administration,  government  and  protection  of  the  libraries  under  their 
management,  and  all  property  belonging  thereto. 

Second — To  administer  any  trust  declared  or  created  for  such  libraries,  and 
receive  by  gift,  devise,  or  bequest  and  hold  in  trust  or  otherwise,  property 
situated  in  this  state  or  elsewhere,  and  where  not  otherwise  provided,  dispose 
of  the  same  for  the  benefit  of  such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  librarian,  secretary  and 
other  officers  and  employees  of  any  such  libraries;  to  determine  the  number 
of  and  appoint  all  such  officers  and  employees,  and  fix  their  compensation, 
which  said  officers  and  employees  shall  hold  their  offices  or  positions  at  the 
pleasure  of  said  boards. 

Fourth — To  purchase  necessary  books,  journals,  publications  and  other  per- 
sonal property. 

Fifth — To  purchase  such  real  property,  and  erect  or  rent  and  equip,  such 
building  or  buildings,  room  or  rooms,  as  may  be  necessary,  when  in  their 
judgment  a  suitable  building,  or  portion  thereof,  has  not  been  provided  by 
the  legislative  body  of  the  municipality  for  such  libraries. 

Sixth — To  require  the  secretary  of  state  and  other  state  officials  to  furnish 
such  libraries  with  copies  of  any  and  all  reports,  laws  and  other  publications 
of  the  state  not  otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  exchange  the  same  with 


LIBRARIES — REPORT     OF     TRUSTEES— REVENUE.  691 

other  libraries,  and  to  allow  non-residents  to  borrow  books  upon  such  condi- 
tions as  they  may  prescribe. 

Eighth — To  do  and  perform  any  and  all  other  acts  and  things  necessary  or 
proper  to  carry  out  the  provisions  of  this  act. 

§  6.  Boards  of  library  trustees  shall,  on  or  before  the  last  day  of  July  in 
each  year,  make  a  report  to  the  legislative  body  of  their  municipality,  giving 
the  condition  of  the  library  on  the  thirtieth  day  of  June  preceding,  together 
with  a  statement  of  their  proceedings  for  the  year  then  ended,  and  must 
immediately  upon  the  publication  of  such  report,  forward  a  copy  thereof  for 
filing  to  the  state  library  at  Sacramento.     [Amendment,  Stats.  1905,  296.] 

§  7.  The  legislative  body  of  any  municipality  in  which  a  public  library 
has  been  established  in  accordance  with  this  act,  shall  in  making  the  annual 
tax  levy  and  as  part  thereof,  if  the  maintenance  of  the  library  has  not  been 
otherwise  provided  for,  levy  a  tax  for  the  purpose  of  maintaining  such  library 
and  purchasing  property  necessary  therefor,  which  tax  shall  be  in  addition 
to  other  taxes,  the  levy  of  which  is  permitted  in  the  municipality;  provided, 
that  after  two  years  from  the  passage  of  this  act  as  to  existing  libraries  and 
after  two  years  from  the  establishment  of  new  libraries  thereunder,  where  a 
maintenance  corresponding  thereto  has  not  been  otherwise  provided,  in  munici- 
palities of  the  first,  second  and  third  classes,  such  tax  levy  shall  not  exceed 
one  mill  on  the  dollar  of  assessed  valuation,  and  in  municipalities  of  the 
fourth,  fifth,  and  sixth  classes  such  levy  shall  not  exceed  two  mills  on  the 
dollar  of  assessed  valuation. 

§  8.  The  revenue  derived  from  said  tax,  together  with  all  money  acquired 
by  gift,  devise,  bequest,  or  otherwise,  for  the  purposes  of  the  library,  shall  be 
apportioned  to  a  fund  to  be  designated  the  library  fund,  and  be  applied  to 
the  purposes  herein  authorized.  If  such  payment  into  the  treasury  should  be 
inconsistent  with  the  conditions  or  terms  of  any  such  gift,  devise,  [or]  bequest, 
the  board  shall  provide  for  the  safety  and  preservation  of  the  same,  and  the 
application  thereof  to  the  use  of  the  library,  in  accordance  with  the  terms  and 
conditions  of  such  gift,  devise  or  bequest.  Payments  from  said  fund  shall 
be  made  in  the  manner  provided  for  the  payment  of  other  demands  against 
the  municipality;  provided,  that  demands  upon  said  fund  shall  be  presented 
to  the  board  of  library  trustees  for  allowance  rather  than  to  the  legislative 
or  other  body  of  the  municipality. 

§  9.  Every  library  established  under  this  act  shall  be  forever  free  to  the 
inhabitants  and  non-resident  taxpayers. of  the  municipality,  subject  always  to 
such  rules,  regulations  and  by-laws  as  may  be  made  by  boards  of  library  trus- 
tees; and  provided,  that  for  violations  of  the  same  a  person  may  be  fined  or 
excluded  from  the  privileges  of  the  library. 

§  10.  Boards  of  library  trustees  and  the  legislative  bodies  of  neighboring 
municipalities  or  boards  of  supervisors  of  the  comities  in  which  public  libraries 
are  situated,  may  contract  for  lending  the  books  of  such  libraries  to  residents 
of  such  counties  or  neighboring  municipalities,  upon  a  reasonable  compensa- 
tion to  be  paid  by  such  counties  or  neighboring  municipalities. 

§  11.  The  title  to  all  property  acquired  for  the  purposes  of  such  libraries, 
when  not  inconsistent  with  the  terms  of  its  acquisition,  or  otherwise  desig- 


692  LIBRARIES— I-ICENSE     TAX,     BICYCLES,     ETC. 

nated,  shall  vest  in  the  municipalities  in  which  such  libraries  arc,  or  are  to  be, 
situated,  and  in  the  name  of  the  municipal  corporations  may  be  sued  for  and 
defended  by  action  at  law  or  otherwise. 

§  12.  An  act  entitled  "An  act  to  establish  free  public  libraries  and  reading 
rooms,"  approved  April  twenty-sixth,  eighteen  hundred  and  eighty,  is  hereby 
repealed;  provided,  that,  as  to  existing  libraries  this  act  is  to  be  deemed  a 
continuation  thereof,  and  such  libraries  shall  be  governed  hereby  accordingly ; 
provided,  however,  that  this  act  shall  have  no  application  to  any  library  estab- 
lished or  governed  by  the  provisions  of  a  city  charter,  and  the  provisions  of 
any  city  charter  shall  in  no  manner  be  affected  by  this  act. 

§  13.  Any  ordinance  establishing  a  library  adopted  under  the  provisions 
of  section  one  of  this  act  may  be  repealed  by  the  body  which  adopted  the 
same  upon  being  requested  to  do  so  by  one  fourth  of  the  electors  of  such 
municipal  corporation,  in  the  manner  provided  in  section  two  of  this  act,  and 
upon  the  repeal  of  such  ordinance  such  library  shall  be  disestablished  in  such 
municipal  corporation. 

§  14.     This  act  shall  take  effect  immediately. 

See  tit.  Law  Libraries,  ante.  ' 

LIBRARIES— GIFTS. 

See  tits.  Art  Galleries;  Law  Libraries;  Libraries. 

LICENSE. 

See  tits.  County  Goveniinent;  Fish  and  Game;  Foreign  Miners;  Land  Sur- 
veyors; License  Tax. 

LICENSE   TAX— BICYCLES,    ETC. 

To  authorize  counties,  cities  and  counties,  and  incorporated  towns,  and  char- 
tered or  incorporated  cities,  to  license  bicycles,  tricycles,  and  similar 
vehicles,  and  collect  a  fee  therefor,  for  the  purpose  of  devoting  such  fee 
to  the  construction  of  paths  along  country  roads  for  the  use  of  pedes- 
trians, and  the  wheeling  thereon  of  such  vehicles. 

[Became  a  law  under   constitutional   provision   without   governor's   approval, 
March  16,  1901;  Stats.  1901,  324.] 

§  1.  Counties,  cities  and  counties,  chartered  or  incorporated  cities  and 
towns  in  the  state  of  California,  are  hereby,  through  the  governing  bodies 
thereof,  authorized  and  permitted  to  license  the  use  of  bicycles,  tricycles,  auto- 
mobile carriages  and  carts,  and  similar  wheeled  vehicles  propelled  by  the 
power  of  the  rider,  or  by  motor  under  control  of  the  rider,  owned,  rented,  and 
used  within  the  several  jurisdictions  above  named;  provided,  that  such 
license  shall  be  granted  and  issued  only  on  payment  of  a  fee  not  to  exceed 
one  dollar  a  year  for  each  of  such  vehicles;  and  further  provided,  that  the 
money  so  collected  shall  be  appropriated  and  used  only  for  the  purpose  of 
constructing  and  maintaining  paths  and  walkways  for  the  use  of  pedestrians. 


LICENSE    TAX — MUNICIPALITIES — PROVIDING    AND    ENFORCING.  693 

and  the  wheeling  of  the  above-named  vehicles ;  and  provided  also,  that  the 
sum  of  the  taxes  paid  to  the  state,  county,  town,  or  municipality,  upon  any 
vehicle  the  use  of  which  is  hereby  authorized  to  be  licensed,  shall  be  deducted 
from  the  amount  of  the  license  fee  hereby  authorized,  and  credited  upon  the 
license;  it  being  the  intention  that  any  license  fee  hereby  authorized  shall  be 
collected  in  such  less  sum  as  is  represented  by  the  subtraction  of  the  personal 
property  tax  from  the  sum  of  the  license  fee  fixed  by  such  ordinance. 

§  2.  When  an  ordinance  establishing  such  license  and  fixing  such  license 
fee  is  passed,  the  fee  shall  be  collected  and  the  license  issued  in  the  manner 
and  by  the  officer  or  officers  provided  for  the  issuance  and  collection  of  other 
licenses,  and  the  governing  body  of  such  jurisdictions  named  in  section  one 
of  this  act  may  devise  such  label,  tag,  or  certificate  as  is  deemed  necessary  to 
be  witness  of  the  possession  of  such  license,  and  the  payment  of  such  fee ;  pro- 
vided, that  no  license  shall  be  required  for  any  vehicle  so  named  in  this  act 
as  is  in  the  possession  of  a  merchant,  manufacturer,  or  dealer,  for  the  purposes 
of  sale  or  barter,  and  not  for  use  by  the  owner  or  his  or  her  agent,  or  by  per- 
sons to  whom  such  vehicles  are  rented  for  use,  by  the  hour,  the  day,  the  week, 
or  other  period  of  time. 

§  3.  It  shall  be  lawful  for  such  governing  bodies  to  provide  in  such  ordi- 
nance or  ordinances  for  the  enforcement  of  penalties  for  the  violation  thereof, 
or  for  failure  or  refusal  to  take  such  license,  or  pay  such  license  fee;  provided, 
that  no  penalty  shall  exceed  the  sum  of  the  said  license  fee,  with  the  costs  of 
collection  and  prosecution  under  the  ordinance  added  thereto ;  nor  shall  any 
judgment  of  imprisonment  exceed  a  period  of  twenty-four  hours  for  violation 
of  said  ordinance. 

§  4.  It  shall  be  lawful  to  provide  in  any  such  ordinance  authorized  by  this 
act,  for  the  application  of  the  money  collected  to  the  construction  and  main- 
tenance of  such  paths,  by  said  towns  or  cities,  or  consolidated  cities  and 
counties,  without  the  limits  of  such  town  and  municipal  jurisdictions,  but 
within  the  county,  by  and  with  the  consent  of  the  board  of  supervisors  of 
such  county. 

§  5.  No  municipal  or  town  authority  in  this  act  referred  to  shall  have 
authority  by  ordinance  or  otherwise  to  license  any  such  vehicle  for  use  as  is 
in  this  act  referred  to,  except  the  same  is  owned  by  a  resident  of  such  munici- 
pal or  town  jurisdiction,  or  is  used  by  a  resident  of  such  jurisdiction;  nor 
shall  any  county,  by  ordinance  or  otherwise,  lay  such  license  upon  the  use  of 
any  such  vehicle  named  in  this  act,  or  require  a  license  fee  therefor,  except 
the  same  is  owned  or  used  by  a  resident  of  the  county  without  the  bound- 
aries of  town  or  municipal  jurisdictions  in  the  county;  provided,  that  if 
any  town  or  municipal  authority  authorized  under  this  act  does  not  provide 
for  such  ordinance  of  license  and  fee  as  is  permitted  by  this  act,  then,  and  in 
that  case,  the  governing  body  of  the  county  may  by  ordinance  provide  for 
the  license  herein  provided  for  and  permitted,  and  the  collection  of  the  fee 
authorized  by  this  act,  so  as  to  make  the  same  applicable  to  the  residents  of 
such  town  or  municipality.  But  in  no  case  shall  any  license  or  fee  be  required 
of  travelers  in  counties  other  than  that  of  their  residence,  nor  from  tourists, 
or  visitors,  or  temporary  residents  of  any  city,  town,  city  and  county,  or 
county. 


694  LICENSE    TAX— FERRIES,    ETC.— ITINERANT    VENDORS. 

§  6.  All  costs  and  charges  for  licenses  herein  provided  for,  for  tags,  or 
visible  evidences  of  issuance  and  possession  of  license,  for  receipts  for  pay- 
ment of  the  license  fee,  and  other  necessary  and  inseparable  expense  related 
to  such  licenses,  shall  be  paid  from  the  sum  of  such  collections  of  fees;  pro- 
vided, that  no  additional  salary  or  fee  shall  be  paid  to  any  officer  of  any 
county,  or  town,  or  city,  or  city  and  county,  for  services  in  issuing  or  deliver- 
ing licenses  provided  for  by  this  act,  or  for  collecting  the  fees  therefor, 
authorized  and  provided  for  in  this  act. 

§  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

LICENSE    TAX— FERRY,    BRIDGE. 

To  enforce  the  collection  of  license  taxes. 
(Stats.  1871-2,  539,  ch.  CCCLXXXIV.) 

§  1.  Whenever  any  person  who  is  required  by  law  to  pay  a  ferry  or  bridge 
license  tax  neglects  to  pay  the  same  for  the  period  of  thirty  days  after  the 
same  is  due  or  payable,  the  collector  of  such  taxes  must  notify  the  district 
attorney  thereof,  who  must  at  once  institute  proceedings  against  such  person. 

§  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

Consult   tit.    County   Government. 

LICENSE   TAX— ITINERANT  VENDORS. 

Imposing  a  license  tax  upon  itinerant  vendors  of  drugs,  nostrums,  ointments, 
or  appliances  sold  for  the  cure  of  disease,  injuries,  or  deformities. 

(Stats.  1903,  284,  ch.  CCXXXIII.) 

§  1.  No  person,  as  principal  or  agent,  shall  conduct  as  an  itinerant  vendor 
the  business  of  selling  drugs,  nostrums,  ointments,  or  any  appliances  for  the 
treatment  of  disease,  deformities,  or  injuries,  within  this  state,  without  pre- 
viously obtaining  a  license  therefor  as  herein  provided. 

§  2.  An  annual  license  fee  of  two  hundred  dollars  is  hereby  levied  upon  all 
such  itinerant  vendors  doing  business  in  this  state.  Said  tax  shall  be  paid 
to  the  state  board  of  pharmacy,  for  the  use  and  benefit  of  the  state  of  Cali- 
fornia, and  shall  constitute  a  special  fund  for  the  payment  of  the  expense  of 
said  board  of  pharmacy,  and  for  the  enforcement  of  this  act,  and  of  the  pro- 
visions of  the  act  or  acts  creating  such  board  of  pharmacy.  Upon  the  receipt 
of  said  sum  from  any  persons  desiring  to  conduct  such  business  within  this 
state,  the  secretary  of  said  board  of  pharmacy  shall  issue  a  license  to  such  per- 
son to  carry  on  such  business  within  this  state  until  the  first  day  of  July, 
next  ensuing;  provided,  that  nothing  in  this  act  shall  be  construed  to  prevent 
the  collection  of  any  tax  that  may  be  imposed  by  any  county  or  municipal 
authorities;  and  provided,  further,  that  nothing  herein  contained  shall  pre- 
vent manufacturing  pharmaceutical  firms  from  placing  their  products  on  the 
market  through  their  agents  and  managers  subject  to  the  provisions  of  section 
three  of  this  act. 

§  3.  Itinerant  vendors  under  the  meaning  of  this  act  shall  include  all  per- 
sons who  carry  on  the  business  above  described  by  passing  from  house  to 


LICENSE     TAX — PENALTY     FOR     VIOI-ATION — LIENS.  695 

house,  or  by  haranguing  the  people  on  the  public  streets  or  in  public  places, 
or  use  the  various  customary  devices  for  attracting  crowds  and  therewith 
recommending  their  wares,  and  offering  them  for  sale. 

§  4.  Said  board  of  pharmacy  shall  on  the  first  day  of  July  of  each  year 
make  a  verified  and  itemized  statement  in  writing  to  the  controller  of  this 
state,  of  all  receipts  and  disbursements  of  money  coming  into  their  hands  by 
reason  of  this  act. 

§  5.  Any  person  violating  any  of  the  provisions  of  this  act,  w^ho  shall  with- 
out such  license,  sell  or  offer  for  sale  any  of  the  above  described  drugs,  nos- 
trums, ointments,  or  appliances,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  for  such  breach  of  this  act  upon  conviction  therefor,  shall  be  punished  by 
a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  two  hundred  and 
fifty  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  fifty  days 
or  more  than  one  hundred  and  twenty  days,  or  both  such  fine  and  imprison- 
ment. All  fines  recovered  under  this  act  shall  be  paid  by  the  magistrate 
receiving  the  same,  to  the  state  board  of  pharmacy,  and  by  said  board  placed 
in  the  special  fund  created  by  section  two  of  this  act. 

§  6.  In  all  actions  or  prosecutions  under  this  act  it  need  not  be  alleged  in 
the  complaint  nor  proved  by  the  prosecution  that  the  defendant  has  not 
a  license  as  required  in  this  act,  but  the  fact  that  he  has  such  license  may  be 
pleaded  as  a  matter  of  defense. 

§  7.  All  acts  or  parts  of  acts  conflicting  with  this  act  [are]  hereby  re- 
pealed, in  and  so  far  as  they  conflict. 

§  8.     This  act  shall  take  effect  and  be  in  force  sixty  days  after  its  passage. 

See  §  25,  subd.   25,  County  Government  Act,   exempting  ex-Union  soldiers  and  marines. 

LICENSE  TAX— SHEEP. 

Restricting  the  powers  of  boards  of  supervisors  in  the  matter  of  imposing 
licenses  upon  the  business   of  raising,  herding,   grazing,   and  pasturing 

^^^^P-  (Stats.  1903,  41,  ch.  XL.) 

§  1.  No  license  or  licenses  greater  than  five  cents  per  head  shall  be 
imposed  by  the  board  of  supervisors  of  any  county  on  the  business  of  raising, 
herding  or  pasturing  sheep,  and  any  and  all  licenses  imposed  by  the  board  of 
supervisors  of  any  county  on  the  business  of  raising,  herding  or  pasturing 
sheep,  in  excess  of  five  cents  per  head,  shall  be  and  are  hereby  declared  in- 
valid; provided,  the  provisions  of  this  act  shall  not  apply  to  any  license 
tax  the  validity  of  which  is  involved  in  any  suit  now  pending,  or  to  any  such ' 
license  tax  due  when  this  act  takes  effect. 

§2.     This  act  shall  take  effect  immediately. 

LIENS— AGISTORS— LABORERS,    LOGGERS. 

It  was  held  in  Johnson  vs.   Perry,  53  Cal.  Various     liena. — Liens    of    agistors,    Stats. 

351-353,  that  the  statute  of  1869-70,  723,  ch.  1891,   90,   ch.   LXXXVI;   liens   for  labor  with 

CCCCXCVI,  relating  to  liens  for  pasture  or  threshing    machines.     Stats.     1885,     109,     ch. 

feed  of  animals,  was  not  repealed  by  §  3051,  CXXV;     liens    of    loggers    and    laborers    in 

Civil    Code.       Such    contention    is    doubtless  logging-camps       (Stats.       1877-8,      747,      ch. 

settled    by    later    amendments    of    the    code  CCCCLXXXIV,    amended    in     1880,     38,    and 

section   (Stats.  1901,  270).  1887,     53)     are     evidently     designed     to     be 


096  LODGING-HOUSE    ACT— CUBIC    FEET     OF     SPACE. 

codified  in  and  superseded  by  Stats.  75  Cal.  199,  201,  16  Pac.  Rep.  885;  Duncan  vs. 
1905  ch  CDLXI  adding  Ave  new  sections  Hawn,  104  Cal.  10,  11,  37  Pac.  Rep.  626;  Lam- 
to  the  Civil  Code,  to  wit,  §§  3061-3065,  in-  bert  vs.  Davis,  116  Cal.  292,  293,  48  Pac.  Rep. 
elusive  and  those  statutes  are  therefore  123;  Blackburn  vs.  Bell,  125  Cal.  171,  57  Pac. 
omitted  here  Rep.  775;  Clark  vs.  Brown,  141  Cal.  93,  94, 
oee  tits  Mechanics'  Liens;  Public  Work.  74  Pac.  Rep.  548;  Stats.  1877-8.  747,  Shuf- 
As  to  decislon.s  under  former  statutes,  fleton  vs.  Hill.  62  Cal.  483;  Wilson  vs.  Bar- 
see    Stats.    1885,    109.    Church    vs.    Garrison  nard,  67  Cal.  422,  423,  7  Pac.  Rep.  845. 

LIFE  INSURANCE  COMPANIES. 

See  tit.  Corporations. 

LIGHTHOUSE   SITES. 

See  tits.  Buoys  and  Beacons;  Navigation. 

LIQUORS— SALE. 

See  tits.  Children;  College  City;  Intoxicating  Liquors;  State  Capitol;  State 

Hospitals. 

LIVERMORE. 

See  tit.  Municipal  Corporations. 

LOAN  COMMISSIONERS. 

See  tits.  State  Debt;  Loan  Commissioners. 

LODGING-HOUSES— CUBIC   AIR. 

Concerning  lodging-liouses  and  sleeping  apartments  within  the  limits  of  in- 
corporated cities. 

(Stats.  1875-6,  759,  ch.  CCCCXCVI.) 
§  1.  Every  person  who  owns,  leases,  lets,  or  hires,  to  any  person,  or  persons, 
any  room  or  apartment  in  any  building,  house,  or  other  structure  within  the 
limits  of  any  incorporated  city,  or  city  and  county,  within  the  state  of  Califor- 
nia, for  the  purpose  of  a  lodging  or  sleeping  apartment,  which  room  or 
apartment  contains  less  than  five  hundred  cubic  feet  of  space,  in  the  clear,  for 
each  person  so  occupying  such  room  or  apartment,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
less  than  fifty  (50)  dollars  or  more  than  five  hundred  (500)  dollars,  or  by  im- 
prisonment in  the  county  jail,  or  by  both  such  fine  or  [and]  imprisonment. 

§  2.  Any  person  or  persons  found  sleeping  or  lodging,  or  who  hires  or 
uses  for  the  purpose  of  sleeping  in  or  lodging  in  any  room  or  apartment  which 
contains  less  than  five  hundred  (500)  cubic  feet  of  space,  in  the  clear,  for  each 
person  so  occupying  such  room  or  apartment,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  upon  conviction,  be  punished  by  a  fine  of  not  less 
than  ten  (10)  or  more  than  fifty  (50)  dollars,  or  by  both  such  fine  and 
imprisonment. 

§  3.  It  shall  be  the  duty  of  the  chief  of  police  (or  such  other  person  to 
whom  the  police  powers  of  a  city  are  delegated)  to  detail  a  competent  and 
qualified  officer  or  officers  of  the  regular  force  to  examine  into  any  violation 


LOGGI2VG-CAMPS — MEASUREMENT     OF    LOGS.  697 

of  any  of  the  provisions  of  this  act,  and  to  arrest  any  person  guilty  of  any 
such  violation. 

§  4.  The  provisions  of  this  act  shall  not  be  construed  to  apply  to  hospitals, 
jails,  prisons,  insane  asylums,  or  other  public  institutions. 

§  5.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  6.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Sections  1  and  2  of  the  statute  have  been  carried  into  the  Penal  Code  by  Stats.  1905, 
77. — See   KERR'S    CYC.  PEN.   CODE    §  401a. 

LODI. 

To  change  the  name  of  the  town  of  Mokelumne  Hill. 
(Stats.  1873-4,  690,  ch.  CCCCLVII.) 

§  1.     The  town  of  Mokelumne  Hill,  in  the  county  of  San  Joaquin,  shall 
hereafter  be  known  and  designated  as  the  town  of  Lodi. 
§  2.     This  act  shall  take  effect  immediately. 

See  tit.  Municipal  Corporations. 

LOGGERS'  LIENS. 

See  tit.  Liens. 

LOGGING-CAMPS— LUNCH  HOUR. 

To    provide    for  a  lunch  hour  for  laborers  in  sawmills,  shake-mills,  shingle- 
mills,  and  logging-camps. 
(Stats.  1901,  75,  ch.  LX.) 

§  1.  Every  person,  corporation,  copartnership,  or  company  operating  a 
sawmill,  shake-mill,  shingle-mill,  or  logging-camp,  in  the  state  of  California, 
shall  allow  to  his  or  its  employees,  workmen,  and  laborers  a  period  of  not  less 
than  one  hour  at  noon  for  the  midday  meal. 

§  2.  Any  person,  corporation,  copartnership,  or  company,  his  or  its  agents, 
servants,  or  managers,  violating  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  more  than  two  hundred  dollars  nor  less  than  one  hundred  dollars 
for  each  violation  of  the  provisions  of  this  act. 

§  3.  This  act  shall  take  eft'ect  and  be  in  force  on  the  first  day  of  April, 
nineteen  hundred  and  one. 

For  scale  for   measurement   of  logs,   see    next  succeeding-  statute. 

LOGS— SCALE    FOR    MEASURING. 

To  establish  a  scale  for  the  measurement  of  logs. 
(Stats.  1877-8,  604,  ch.  CCCCXV;  amended  1880,  119,  ch.  CVIII.) 

§  1.  There  shall  be  but  one  standard  for  the  measurement  of  logs  throughout 
this  state. 

§2.  The  following  table,  known  as  Spaulding's  Table  for  the  Measurement 
of  Logs,  is  hereby  made  the  standard  and  table  for  the  measurement  of  logs 
throughout  this  state,  to  wit: 


698 


SCALB    FOR    MEASUREMENT    OP    LOGS. 


Diam- 

Con- 

Diam- 

Con- 

Diam- 

Con- 

Diam- 

Con- 

Length 

eter, 

tents, 

Length,  eter. 

tents, 

Length,  eter. 

tents, 

Length,  eter, 

tents, 

Feet. 

Inches. 

Feet. 

Feet.  Inches. 

Feet. 

Feet.  Inches. 

Feet. 

Feet.  Inches. 

Feet. 

12 

10 

38 

12   56 

1,763 

13   15 

Ill 

13   61 

2,272 

12 

11 

47 

12   57 

1,827 

13   16 

131 

13   62 

2,349 

12 

12 

58 

12   58 

1,893 

13   17 

152 

13   63 

2,427 

12 

13 

71 

12   59 

1.960 

13   18 

175 

13   64 

2,507 

12 

14 

86 

12   60 

2,028 

13   19 

199 

13   65 

2,589 

12 

15 

103 

12   61 

2,098 

13   20 

224 

13   66 

2,672 

12 

16 

121 

12   62 

2,169 

13   21 

250 

13   67 

2,75V 

12 

17 

141 

12   63 

2,241 

13   22 

277 

13   68 

2,843 

12 

18 

162 

12   64 

2,315 

13   23 

305 

13   69 

2,931 

12 

19 

184 

12   65 

2,390 

13   24 

334 

13   70 

3,021 

12 

20 

207 

12   66 

2,467 

13   25 

365 

13   71 

3,113 

12 

21 

231 

12   67 

2,545 

13   26 

396 

13   72 

3,206 

12 

22 

256 

12   68 

2,625 

13   27 

429 

13   73 

3,301 

12 

23 

282 

12   69 

2,706 

13   28 

462 

13   74 

3,396 

12 

24 

309 

12   70 

2,789 

13   29 

497 

13   75 

3,492 

12 

25 

337 

12   71 

2,874 

13   30 

533 

13   76 

3,590 

12 

26 

366 

12   72 

2,960 

13   31 

569 

13   77 

3,688 

12 

27 

396 

12   73 

3,047 

13   32 

607 

13   78 

3,788 

12 

28 

427 

12   74 

3,135 

13   33 

646 

13   79 

3,889 

12 

29 

459 

12   75 

3,224 

13   34 

686 

13   80 

3,991 

12 

30 

492 

12   76 

3,314 

13   35 

729 

13   81 

4,094 

12 

31 

526 

12   77 

3,405 

13   36 

772 

13   82 

4,196 

12 

32 

561 

12   78 

3,497 

13   37 

817 

13   83 

4,301 

12 

33 

597 

12   79 

3,590 

13   38 

864 

13   84 

4,406 

12 

34 

634 

12   80 

3,634 

13   39 

913 

13   85 

4,512 

12 

35 

673 

12   81 

3,779 

13   40 

963 

13   86 

4,619 

12 

36 

713 

12   82 

3,874 

13   41 

1,014 

13   87 

4,727 

12 

37 

755 

12   83 

3,970 

13   42 

1,066 

13   88 

4,837 

12 

38 

798 

12   84 

4,067 

13   43 

1,119 

13   89 

4,946 

12 

39 

843 

12   85 

4,165 

13   44 

1,176 

13   90 

5,057 

12 

40 

889 

12   86 

4,264 

13   45 

1,228 

13   91 

5,168 

12 

41 

936 

12   87 

4,364 

13   46 

1,284 

13   92 

5,281 

12 

42 

984 

12   88 

4,465 

13   47 

1,342 

13   93 

5,395 

12 

43 

1,033 

12   89 

4,566 

13   48 

1,400 

13   94 

5,508 

12 

44 

1,086 

12   90 

4,668 

13   49 

1,400 

13   95 

5,624 

12 

45 

1,134 

12   91 

4,771 

13   50 

1,521 

13   96 

5,741 

12 

46 

1,186 

12   92 

4,875 

13   51 

1,582 

14   10 

44 

12 

47 

1,239 

12   93 

4,980 

13   52 

1,645 

14   11 

55 

12 

48 

1,293 

12   94 

5,085 

13   53 

1,709 

14   12 

67 

12 

49 

1,348 

12   95 

5,192 

13   54 

1,774 

14   13 

82 

12 

50 

1,404 

12   96 

5,300 

13   55 

1,841 

14   14 

100 

12 

51 

1,461 

13   10 

41 

13   56 

1,909 

14   15 

120 

12 

52 

1,519 

13   11 

51 

13   57 

1,979 

14   16 

141 

12 

53 

1,578 

13   12 

62 

13   58 

2,050 

14   17 

164 

12 

54 

1,638 

13   13 

76 

13   59 

2,123 

14   18 

189 

12 

55 

1,700 

13   14 

93 

13   60 

2,197 

14   19 

214 

SCALE    FOR    MEASUREMENT    OF    LOGS. 


609 


Diam- 

Con- 

Diam- 

Con- 

Dlam- 

Con- 

Diam- 

Con- 

Length, eter. 

teats, 

Length 

eter, 

tents, 

Length 

,  eter, 

tents, 

Length 

,  eter. 

tents, 

Feet.  Inches. 

Feet. 

Feet. 

Inches. 

Feet. 

Feet. 

Inches 

Feet. 

Feet. 

Inches. 

Feet. 

14   20 

241 

14 

66 

2,878 

15 

25 

421 

15 

71 

3,592 

14   21 

269 

14 

67 

2,969 

15 

26 

457 

15 

72 

3,700 

14   22 

298 

14 

68 

3,062 

15 

27 

495 

15 

73 

3,809 

14   23 

329 

14 

69 

3,157 

15 

28 

533 

15 

74 

3,919 

14   24 

360 

14 

70 

3,253 

15 

29 

573 

15 

75 

4,030 

14   25 

393 

14 

71 

3,353 

15 

30 

615 

15 

76 

4,142 

14   26 

427 

14 

72 

3,453 

15 

31 

657 

15 

77 

4,256 

14   27 

462 

14 

73 

3,555 

15 

32 

701 

15 

78 

4,371 

14   28 

498 

14 

74 

3,657 

15 

33 

746 

15 

79 

4,487 

14   29 

535 

14 

75 

3,761 

15 

34 

792 

15 

80 

4,605 

14   30 

574 

14 

76 

3,866 

15 

35 

841 

15 

81 

4,723 

14   31 

613 

14 

77 

3,972 

15 

36 

891 

15 

82 

4,842 

14   32 

654 

14 

78 

4,080 

15 

37 

943 

15 

83 

4,962 

14   33 

690 

14 

79 

4,188 

15 

38 

997 

15 

84 

5,084 

14   34 

739 

14 

80 

4,298 

15 

39 

1,053 

15 

85 

5,206 

14   35 

785 

14 

81 

4,408 

15 

40 

1,111 

15 

86 

5,330 

14   36 

831 

14 

82 

4,519 

15 

41 

1,170 

15 

87 

5,455 

14   37 

880 

14 

83 

4,631 

15 

42 

1,230 

15 

88 

5,581 

14   38 

931 

14 

84 

4,745 

15 

43 

1,291 

15 

89 

5,707 

14   39 

983 

14 

85 

4,859 

15 

44 

1,357 

15 

90 

5,835 

14   40 

1,037 

14 

86 

4,974 

15 

45 

1,417 

15 

91 

5,964 

14   41 

1,092 

14 

87 

5,091 

15 

46 

1,482 

15 

92 

6,094 

14   42 

1,148 

14 

88 

5,209 

15 

47 

1,548 

15 

93 

6,225 

14   43 

1,205 

14 

89 

5,327 

15 

48 

1,616 

15 

94 

6,356 

14   44 

1,267 

14 

90 

5,446 

15 

49 

1,685 

15 

95 

6,490 

14   45 

1,323 

14 

91 

5,566 

15 

50 

1,755 

15 

96 

6,625 

14   46 

1,383 

14 

92 

5,687 

15 

51 

1,826 

16 

10 

bu 

14   47 

1,445 

14 

93 

5,810 

15 

52 

1,898 

16 

11 

63 

14   48 

1,508 

14 

94 

5,932 

15 

53 

1,972 

16 

12 

77 

14   49 

1,572 

14 

95 

6,057 

15 

54 

2,047 

16 

13 

94 

14   50 

1,638 

14 

96 

6,183 

15 

55 

2,125 

16 

14 

114 

14   51 

1,704 

15 

10 

47 

15 

56 

2,203 

16 

15 

137 

14   52 

1,772 

15 

11 

59 

15 

57 

2,283 

16 

16 

161 

14   53 

1,841 

15 

12 

72 

15 

58 

2,366 

16 

17 

188 

14   54 

1,911 

15 

13 

88 

15 

59 

2,450 

16 

18 

216 

14   55 

1,983 

15 

14 

107 

15 

60 

2,535 

16 

19 

245 

14   56 

2,056 

15 

15 

128 

15 

61 

2,622 

16 

20 

276 

14   57 

2,131 

15 

16 

151 

15 

62 

2,711 

16 

21 

308 

14   58 

2,208 

15 

17 

176 

15 

63 

2,801 

16 

22 

341 

14   59 

2,286 

15  ^ 

18 

202 

15 

64 

2,893 

16 

23 

376 

14   60 

2,366 

15 

19 

230 

15 

65 

2,987 

16 

24 

412 

14   61 

2,447 

15 

20 

258 

15 

66 

3,083 

16 

25 

449 

14   62 

2,530 

15 

21 

288 

15 

67 

3,181 

16 

26 

488 

14   63 

2,614 

15 

22 

320 

15 

68 

3,281 

16 

27 

528 

14   64 

2,700 

15 

23 

352 

15 

69 

3,382 

16 

28 

569 

14   65 

2,789 

15 

24 

387 

15 

70 

3,486 

16 

29 

612 

roo 


SCALE    FOR    MEASUREMENT    OF    LOGS. 


Diam- 

Con- 

Diam- 

Con- 

Diam- 

Con- 

Diam 

Con- 

Length, eter. 

tents, 

Length,  eter, 

tents, 

Length,  eter. 

tents, 

Length 

,  eter, 

tents, 

Feet.  Inches. 

Feet. 

Feet.  Inches. 

Feet. 

Feet.  Inches 

Feet. 

Feet. 

Inches 

Feet. 

16   30 

656 

16   76 

4,418 

17   35 

953 

17 

81 

5,353 

16   31 

701 

16   77 

4,540 

17   36 

1,010 

17 

82 

5,48« 

16   32 

748 

16   78 

4,663 

17   37 

1,069 

17 

83 

5,624 

16   33 

796 

16   79 

4,786 

17   38 

1,150 

17 

84 

5,762 

16   31 

845 

16   80 

4,912 

17   39 

1,194 

17 

85 

5,900 

16   35 

897 

16   81 

5,038 

17   40 

1,259 

17 

86 

6,040 

16   36 

950 

16   82 

5,165 

17   41 

1,326 

17 

87 

6,182 

16   37 

1,006 

16   83 

5,293 

17   42 

1,394 

17 

8S 

6,325 

16   38 

1,064 

16   84 

5,423 

17   43 

1,463 

17 

'89 

6,468 

16   39 

1,124 

16   85 

5,553 

17   44 

1,538 

17 

90 

6,613 

16   40 

1,185 

16   86 

5,685 

17   45 

1,606 

17 

91 

6,759 

16   41 

1,248 

16   87 

5,818 

17   46 

1,680 

17 

92 

6,906 

16   42 

1,312 

16   88 

5,953 

17   47 

1,755 

17 

93 

7,055 

16   43 

1,377 

16   89 

6,088 

17   48 

1,831 

17 

94 

7,203 

16   44 

1,448 

16   90 

6,224 

17   49 

1,909 

17 

95 

7,355 

16   45 

1,512 

16   91 

6,361 

17   50 

1,989 

17 

96 

7,508 

16   46 

1,581 

16   92 

6,500 

17   51 

2,069 

18 

10 

57 

16   47 

1,652 

16   93 

6,640 

17   52 

2,151 

18 

11 

70 

16   48 

1,724 

16   94 

6,780 

17   53 

2,235 

18 

12 

87 

16   49 

1,797 

16   95 

6,922 

17   54 

2,320 

18 

13 

106 

16   50 

1,872 

16   96 

7,066 

17   55 

2,408 

18 

14 

129 

16   51 

1,948 

17   10 

53 

17   56 

2,497 

18 

15 

154 

16   52 

2,025 

17   11 

67 

17   57 

2,588 

18 

16 

181 

16   53 

2,104 

17   12 

82 

17   58 

2,681 

18 

17 

211 

16   54 

2,184 

17   13 

100 

17   59 

2,776 

18 

18 

243 

16   55 

2,2bb 

17   14 

121 

17   60 

2,873 

18 

19 

276 

16   56 

2,350 

17   15 

145 

17   61 

2,972 

18 

20 

310 

16   57 

2,436 

17   16 

171 

17   62 

3,072 

18 

21 

346 

16   58 

2,524 

17   17 

199 

17   63 

3,174 

18 

22 

384 

16   59 

2,613 

17   18 

229 

17   64 

3,279 

18 

23 

423 

16   60 

2,704 

17   19 

260 

17   65 

3,385 

18 

24 

463 

16   61 

2,797 

17   20 

293 

17   66 

3,494 

18 

25 

505 

16   62 

2,892 

17   21 

327 

17   67 

3,605 

18 

26 

549 

16   63 

2,988 

17   22 

362 

17   68 

8,718 

18 

27 

594 

16   64 

3,086 

17   23 

399 

17   69 

3,833 

18 

28 

640 

16   65 

3,18b 

17   24 

437 

17   70 

3,951 

18 

29 

688 

16   66 

3,289 

17   25 

477 

17   71 

4,071 

18 

30 

738 

16   67 

3,393 

17   26 

518 

17   72 

4,193 

18 

31 

789 

16  ■  68 

3,500 

17   27 

561 

17   73 

4,316 

18 

32 

841 

16   69 

3,608 

17   28 

604 

17   74 

4,441 

18 

33 

895 

16   70 

3,718 

17   29 

650 

17   75 

4,567 

18 

34 

951 

16   71 

3,832 

17   30 

697 

17   76 

4,694 

18 

35 

1,009 

16   72 

3,946 

17   31 

745 

17   77 

4,823 

18 

36 

1,069 

16   73 

4,062 

17   32 

794 

17   78 

4,954 

18 

37 

1,132 

16   74 

4,180 

17   33 

845 

17   79 

5,085 

18 

38 

1,197 

16   75 

4,298 

17   34 

898 

17   80 

5,219 

18 

39 

1,264 

scale:  for  measurement  of  logs. 


roi 


Diam- 

Con- 

Diam- 

Con- 

Diam- 

Con- 

Diam- 

Con- 

Length, eter. 

tents, 

Length 

eter, 

tents, 

Length,  eter. 

tents, 

Length,  eter. 

tents, 

Feet.  Inches. 

Feet. 

Feet. 

Inches. 

Feet. 

Feet.  Inches. 

Feet. 

Feet.  Inches. 

Feet. 

18   40 

l;666 

18 

86 

6,396 

19   45 

1,795 

19   91 

7,554 

18   41 

1,404 

18 

87 

6,546 

19   46 

1,877 

19   92 

7,719 

18   42 

1,476 

18 

88 

6,697 

19   47 

1,961 

19   93 

7,885 

18   43 

1,549 

18 

89 

6,849 

19   48 

2,047 

19   94 

8,051 

18   44 

1,629 

18 

90 

7,002 

19   49 

2,134 

19   95 

8,220 

18   45 

1,701 

18 

91 

7,156 

19   50 

2,223 

19   96 

8,391 

18   46 

1,779 

18 

92 

7,312 

19   51 

2,313 

20   10 

63 

18   47 

1,858 

18 

93 

7,470 

19   52 

2,405 

20   11 

78 

18   48 

1,939 

18 

94 

7,627 

19   53 

2,498 

20   12 

96 

18   49 

2,022 

18 

95 

7,788 

19   54 

2,593 

20   13 

118 

]8   50 

2,106 

18 

96 

7,950 

19   55 

2,691 

20   14 

143 

18   51 

2,191 

19 

10 

60 

19   56 

2,791 

20   15 

171 

28   52 

2,278 

19 

11 

74 

19   57 

2,892 

20   16 

207 

18   53 

2,367 

19 

12 

91 

19   58 

2,997 

20   17 

235 

18   54 

2,457 

19 

13 

112 

19   59 

3,103 

20   18 

270 

18   55 

2,550 

19 

14 

136 

19   60 

3,211 

20   19 

306 

18   56 

2,644 

19 

15 

163 

19   61 

3,321 

20   20 

345 

18   57 

2,740 

19 

16 

191 

19   62 

3,434 

20   21 

385 

18   58 

2,839 

19 

17 

223 

19   63 

3,548 

20   22 

426 

18   59 

2,940 

19 

18 

2bb 

19   64 

3,665 

20   23 

470 

18   60 

3,042 

19 

19 

291 

19   65 

3,784 

20   24 

515 

18   61 

3,147 

19 

20 

327 

19   66 

3,906 

20   25 

561 

18   62 

3,253 

19 

21 

365 

19   67 

4,029 

20   26 

610 

18   63 

3,361 

19 

22 

405 

19   68 

4,156 

20   27 

660 

18   64 

3,472 

19 

23 

446 

19   69 

4,284 

20   28 

711 

18   65 

3,585 

19 

24 

489 

19   70 

4,415 

20   29 

765 

18  66 

3,700 

19 

25 

533 

19   71 

4,550 

20   30 

820 

18   67 

3,817 

19 

26 

579 

19   72 

4,686 

20   31 

876 

18   68 

3,937 

19 

27 

627 

19   73 

4,824 

20   32 

935 

18   69 

4,059 

19 

28 

676 

19   74 

4,964 

20   33 

995 

18   70 

4,183 

19 

29 

726 

19   75 

5,104 

20   34 

1,056 

18   71 

4,311 

19 

30 

779 

19   76 

5,246 

20   35 

1,121 

18   72 

4,440 

19 

31 

832 

19   77 

5,391 

20   36 

1,188 

18   73 

4,570 

19 

32 

888 

19   78 

5,537 

20   37 

1,258 

18   74 

4,702 

19 

33 

945 

19   79 

5,684 

20   38 

1,330 

18   75 

4,836 

19 

34 

1.003 

19   80 

5,833 

20   39 

1,405 

18   76 

4,970 

19 

35 

1,065 

19   81 

5,983 

20   40 

1,481 

18   77 

5,107 

19 

36 

1,128 

19   82 

6,133 

20   41 

1,560 

18   78 

5,245 

19 

37 

1,195 

19   83 

6,285 

20   42 

1,640 

18   79 

5,385 

19 

38 

1,263 

19   84 

6.440 

20   43 

1,721 

18   80 

5,526 

19 

39 

1,334 

19   85 

6,594 

20   44 

1,810 

18   81 

5,668 

19 

40 

1,407 

19   86 

6,751 

20   45 

1,890 

18   82 

5,811 

19 

41 

1,482 

19   87 

6,909 

20   46 

1,976 

18   83 

5,955 

19 

42 

1,558 

19   88 

7,069 

20   47 

2,065 

18   84 

6,101 

19 

43 

1,635 

19   89 

7,229 

20   48 

2,155 

18   85 

6,247 

19 

44 

1,719 

19   90 

7,391 

20   49 

2,246 

7oa 


scale:  for  measurement  of  logs. 


Diam- 

Con- 

• Diam- 

Con- 

Diam- 

Con- 

Diam- 

Con- 

Length 

eter, 

tents, 

Length,  eter, 

tents, 

Length,  eter. 

tents, 

Length,  eter. 

tents, 

Feet. 

Inchos. 

Feet. 

Feet.  Inches. 

Feet. 

Feet.  Inches. 

Feet. 

Feet.  Inches. 

Feet. 

20 

50 

2,340 

20   96 

8,833 

21   55 

2,974 

22   38 

1,463 

20 

51 

2,435 

21   10 

66 

21   56 

3,085 

22   39 

1,545 

20 

52 

2,531 

21   11 

82 

21   57 

3,197 

22   40 

1,629 

20 

53 

2,630 

21   12 

101 

21   58 

3,312 

22   41 

1,716 

20 

54 

2,730 

21   13 

124 

21   59 

3,429 

22   42 

1,804 

20 

55 

2,833 

21   14 

150 

21   60 

3,549 

22   43 

1,893 

20 

56 

2,938 

21   15 

180 

21   61 

3,671 

22   44 

1,991 

20 

57 

3,045 

21   16 

211 

21   62 

3,795 

22   45 

2,079 

20 

58 

3,155 

21   17 

246 

21   63 

3,921 

22   46 

2,174 

20 

59 

3,266 

21   18 

283 

21   64 

4,051 

22   47 

2,271 

20 

60 

3,380 

21   19 

322 

21   65 

4,182 

22   48 

2,370 

20 

61 

3,496 

21   20 

362 

21  66 

4,316 

22   49 

2,470 

20 

62 

3,615 

21   21 

404 

21   67 

4,453 

22   50 

2,574 

20 

63 

3,735 

21   22 

448 

21   68 

4,593 

22   51 

2,678 

20 

64 

3,858 

21   23 

493 

21   69 

4,735 

22   52 

2,784 

20 

65 

3,983 

21   24 

540 

21   70 

4,880 

22   53 

2,893 

20 

66 

4,111 

21   25 

589 

21   71 

5,029 

22   54 

3,003 

20 

67 

4,241 

21   26 

640 

21   72 

5,180 

22   55 

3,116 

20 

68 

4,375 

21   27 

693 

22   10 

69 

22   56 

3,232 

20 

69 

4,510 

21   28 

747 

22   11 

86 

22   57 

3,349 

20 

70 

4,648 

21   29 

803 

22   12 

106 

22   58 

3,470 

20 

71 

4,790 

21   30 

861 

22   13 

130 

22   59 

3,592 

20 

72 

4,933 

21   31 

920 

22   14 

157 

22   60 

3,718 

20 

73 

5,078 

21   32 

981 

22   15 

188 

22   61 

3,846 

20 

74 

5,225 

21   33 

1,044 

22   16 

221 

22   62 

3,976 

20 

75 

5,372 

21   34 

1,109 

22   17 

258 

22   63 

4,108 

20' 

76 

5,522 

21   35 

1,177 

22   18 

297 

22   64 

4,244 

20 

77 

5,675 

21   36 

1,247 

22   19 

337 

22   65 

4,381 

20 

78 

5,829 

21   37 

1,321 

22   20 

379 

22   66 

4,52'Z 

20 

79 

5,983 

21   38 

1,397 

22   21 

423 

22   67 

4,665 

20 

80 

6,140 

21   39 

1,475 

22   22 

469 

22   68 

4,812 

20 

81 

6,298 

21   40 

1,555 

22   23 

517 

22   69 

4,961 

20 

82 

6,456 

21   41 

1,638 

22   24 

566 

22   70 

5,113 

20 

83 

6,616 

21   42 

1,722 

22   25 

617 

22   71 

5,269 

20 

84 

6,778 

21   43 

1,807 

22   26 

671 

22   72 

5,426 

20 

85 

6,941 

21   44 

1,900 

22   27 

726 

23   10 

72 

20 

86 

7,106 

21   45 

1,984 

22   28 

782 

23   11 

90 

20 

87 

7,273 

21   46 

2,075 

22   29 

841 

23   12 

111 

20 

88 

7,441 

21   47 

2,168 

22   30 

902 

23   13 

136 

20 

89 

7,610 

21   48 

2,262 

22   31 

964 

23   14 

164 

20 

90 

7,780 

21   49 

2,385 

22   32 

1,028 

23   15 

197 

20 

91 

7,951 

21   50 

2,457 

22   33 

1,094 

23   16 

231 

20 

92 

8,125 

21   51 

2,556 

22   34 

1,162 

23   17 

270 

20 

93 

8,300 

21   52 

2,657 

22   35 

1,233 

23   18 

310 

20 

94 

8,475 

21   53 

2,761 

22   36 

1,307 

23   19 

352 

20 

95 

8,653 

21   54 

2,866 

22   37 

1,384 

23   20 

396 

SCALE    FOR    MEASUREMENT    OF    LOGS. 


703 


Lengtl 
Feet. 

Diam 

1,    eter. 

Inches 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam 

,     eter. 

Inches 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam 

,    eter. 
Inches 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam 

,    eter. 

Inches 

Con- 
tents, 
.       Feet. 

23 

21 

442 

23 

50 

2,691 

24 

16 

242 

24 

45 

2,268 

23 

22 

490 

23 

51 

2,800 

24 

17 

282 

24 

46 

2,372 

23 

23 

540 

23 

52 

2,911 

24 

18 

324 

24 

47 

2,478 

23 

24 

592 

23 

53 

3,024 

24 

19 

368 

24 

48 

2,586 

23 

25 

645 

23 

54 

3,139 

24 

20 

414 

24 

49 

2,696 

23 

26 

701 

23 

55 

3,258 

24 

21 

462 

24 

50 

2,808 

23 

27 

759 

23 

56 

3,379 

24 

22 

512 

24 

51 

2,922 

23 

28 

818 

23 

57 

3,501 

24 

23 

564 

24 

52 

3,038 

23 

29 

879 

23 

58 

3,628 

24 

24 

618 

24 

53 

3,156 

23 

30 

943 

23 

59 

3,756 

24 

25 

674 

24 

54 

3,276 

23 

31 

1,008 

23 

60 

3,887 

24 

26 

732 

24 

55 

3,400 

23 

32 

1,075 

23 

61 

4,021 

24 

27 

792 

24 

56 

3,526 

23 

33 

1,144 

23 

62 

4,157 

24 

28 

854 

24 

57 

3,654 

23 

34 

1,215 

23 

63 

4,295 

24 

29 

918 

24 

58 

3,786 

23 

35 

1,289 

23 

64 

4,437 

24 

30 

984 

24 

59 

3,920 

23 

36 

1,366 

23 

65 

4,580 

24 

31 

1,052 

24 

60 

4,056 

23 

37 

1,447 

23 

66 

4,728 

24 

32 

1,122 

24 

61 

4,196 

23 

38 

1,529 

23 

67 

4,877 

24 

33 

1,194 

24 

62 

4,338 

23 

39 

1,615 

23 

68 

5,031 

24 

34 

1,268 

24 

63 

4,482 

23 

40 

1,703 

23 

69 

5,186 

24 

35 

1,346 

24 

64 

4,630 

23 

41 

1,794 

23 

70 

5,345 

24 

36 

1,426 

24 

65 

4,780 

23 

42 

1,886 

23 

71 

5,508 

24 

37 

1,510 

24 

6(> 

4,934 

23 

43 

1,979 

23 

72 

5,673 

24 

38 

1,596 

24 

67 

5,090 

23 

44 

2,081 

24 

10 

76 

24 

39 

1,686 

24 

68 

5,250 

23 

45 

2,173 

24 

11 

94 

24 

40 

1,778 

24 

69 

5,412 

23 

46 

2,273 

24 

12 

116 

24 

41 

1,872 

24 

70 

5,578 

23 

47 

2,374 

24 

13 

142 

24 

42 

1,968 

24 

71 

5,748 

23 

48 

2,478 

24 

14 

172 

24 

43 

2,066 

24 

72 

5,920 

23 

49 

2,582 

24 

15 

206 

24 

44 

2,172 

§  3.  For  the  measurement  of  logs  of  any  greater  length  than  indicated  in  the 
table  set  forth  in  section  two  of  this  act,  the  computation  shall  be  made  in  accord- 
ance with  table. 

§  4.  All  logs  shall  be  measured  at  the  small  end  and  inside  the  bark,  and  the 
contents  computed  according  to  section  two  of  this  act.  [Amendment,  Stats. 
1880,  119.] 

§  5.  Allowance  shall  be  made  for  rot,  shake,  or  other  defect  in  logs  measured 
by  this  scale  and  under  the  provisions  of  this  act,  so  as  to  make  the  survey  express 
the  actual  quantity  of  merchantable  lumber  in  each  log. 

§  6.     This  act  shall  take  effect  immediately. 

LOGS— LUMBER,    INJURY   TO. 

To  protect  lumber  manufacturers. 
(Stats.  1875-6,  32,  ch.  LVIII.) 

This  statute  has  been  carried  into  the  Penal  Code  by  Stats.  1905,  683 —See  KERR'S 
CYC.  PEN.  CODE  §  593a. 


704  l-OS    ANGELES     COUNTY — JUDGES,    ADDITIONAL. 

LOS  ANGELES. 

See  tit.  Normal  Schools. 

LOS   ANGELES   CITY. 

See  tit.  Municipal  Corporations. 

LOS  ANGELES  COUNTY. 

See  tits.  El  Monte— Municipal  Corporation;  Hunting  on  Private  Property; 
Irrigation;  Judges  of  Superior  Court. 

LOS    ANGELES    COUNTY— ADDITIONAL   JUDGES. 

To  increase  the  number  of  judges  of  the  superior  court  of  the  county  of  Los 
Angeles,  state  of  California,  and  for  the  appointment  of  such  additional 

JU'^^ges-  (Stats.  1887,  1,  ch.  II.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Los  Angeles, 
state  of  California,  is  hereby  increased  from  two  to  four. 

§  2.  Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
two  additional  judges  of  the  superior  court  of  the  county  of  Los  Angeles,  state 
of  California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  A.  D.  eighteen  hundred  and  eighty-nine.  At  the  next  general  election, 
two  judges  of  the  superior  court  of  said  county  shall  be  elected  in  said  county, 
who  shall  be  successors  of  the  judges  appointed  hereunder,  to  hold  office  for  the 
term  prescribed  by  the  constitution  and  by  law. 

§  3.  The  salaries  of  said  additional  judges  shall  be  the  same  in  amount,  and 
be  paid  at  the  same  time  and  in  the  same  manner,  as  the  salaries  of  the  other 
judges  of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

LOS  ANGELES  COUNTY— JUDGES. 

To  increase  the  number  of  judges  of  the  superior  court  of  the  county  of  Los 
Angeles,  state  of  California,  and  for  the  appointment  of  such  additional 
juclges.  (gtats.  1889,  130,  ch.  CXII.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Los  Angeles, 
state  of  California,  is  hereby  increased  from  four  to  six. 

§  2.  Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
two  additional  judges  of  the  superior  court  of  the  county  of  Los  Angeles,  state 
of  California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  A.  D.  eighteen  hundred  and  ninety-one.  At  the  next  general  election, 
two  judges  of  the  superior  court  of  said  county  shall  be  elected  in  said  county, 
who  shall  be  successors  of  the  judges  appointed  hereunder,  to  hold  office  for  the 
terms  prescribed  in  the  constitution  and  by  law. 

§  3.  The  salaries  of  such  additional  judges  shall  be  the  same  in  amount,  and 
be  paid  in  the  same  manner  and  at  the  same  time,  as  the  salaries  of  the  other 
judges  of  the  superior  court  of  said  county  now  authorized  by  law. 

8  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


LOS     ANGELES     COUNTY — MAD     RIVER.  705 

LOS   ANGELES    COUNTY— ADDITIONAL    JUDGES. 

To  provide  three  (3)  additional  judges  of  the  superior  court  of  the  county  of 
Los  Angeles,  state  of  California,  for  the  manner  of  their  appointment,  and 
for  their  compensation. 

(Stats.  1905,  9,  eh.  XIIL) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Los  Angeles, 
state  of  California,  is  hereby  increased  from  six  to  nine. 

§  2.  Within  thirty  days  after  the  passage  of  this  act,  the  governor  shall 
appoint  three  additional  judges  of  the  superior  court  of  the  county  of  Los 
Angeles,  state  of  California,  who  shall  hold  office  until  the  first  Monday  after 
the  first  day  of  January,  A.  D.  one  thousand  nine  hundred  and  seven.  At  the 
next  general  election  to  be  held  in  November,  A.  D.  one  thousand  nine  hundred 
and  six,  three  additional  judges  of  said  court  shall  be  elected  in  said  county  who 
shall  be  successors  to  the  judges  appointed  hereunder,  to  hold  office  for  the  term 
prescribed  by  the  constitution  and  by  law. 

§  3.  The  salaries  of  such  additional  judges  shall  be  the  same  in  amount  and 
be  paid  in  the  same  manner  and  at  the  same  time  as  the  salaries  of  the  other 
judges  of  the  superior  court  of  said  county,  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

People  vs.  Markham,  104  Cal.  232,  235,  37  Pac.  Rep.  918. 

LOS    NIETOS    TOWNSHIP. 

See  tit.  Irrigation. 

LOST  WARRANTS. 

See  tit.  State  Warrants. 

LUMBER  MANUFACTURERS. 
See  tits.  Logging-Camps;  Logs — Lumber. 

LUNACY  COMMISSION. 

See  tits.  Children — Feeble-Minded ;  Insane. 

LUNCH  HOUR. 

See  tit.  Logging  Companies. 

MAD  RIVER. 

To  improve  the  stream  known  as  Mad  River,  and  its  north  fork  in  Humboldt 

County,  and  to  facilitate  the  driving  of  logs  therein. 

(Stats.  1877-8,  788,  ch.  DX.) 

§  1.  H.  G.  Vance,  Nelson  Young,  and  R.  Gross,  their  associates,  assigns,  and 
successors  in  interest,  are  hereby  authorized  to  construct  and  maintain  such  side 
booms,  wing  dams,  rolling  dams,  driving  dams,  shear  boom,  and  other  structures, 
in  Mad  River  and  its  north  fork,  as  may  be  necessary  to  facilitate  the  running 
and  driving  of  logs  therein,  and  to  blast  rock,  remove  sunken  logs,  driftwood, 
trees,  and  other  debris,  and  to  improve  the  bed  of  said  stream  and  its  said  north 
fork,  so  far  as  the  same  may  be  necessary  for  the  purposes  above  mentioned,  for 
the  term  of  twenty  years. 

Gen.    Laws — 45 


706  MAD    RIVER,    IMPROVEMENT    OF — MADERA    COUNTY. 

§  2.  Said  persons,  their  successors  and  assigns,  shall  use  all  reasonable  exer- 
tions, drive  all  logs  and  other  timber  coming  into  said  stream  or  its  said  fork 
into  the  booms  of  the  Mad  River  Boom  and  Land  Company  with  promptness  and 
dispatch;  and  as  compensation  therefor,  and  for  the  expense  incurred  in  the 
improvement  of  said  stream  and  its  said  fork,  they  are  hereby  authorized  to 
charge  and  collect,  upon  all  logs  and  other  lumber  so  driven  by  them  from 
abreast  of  and  above  their  said  works,  such  tolls  as  shall  be  fixed  and  regulated 
by  the  board  of  supervisors  of  Humboldt  County,  and  such  tolls  shall  be  a  lien 
upon  all  such  logs  and  other  lumber,  after  they  have  been  secured  in  the  booms 
of  said  Mad  River  Boom  and  Land  Company. 

§  3,  All  persons  are  hereby  prohibited  from  placing  or  causing  to  be  placed 
in  said  stream  or  its  said  north  fork,  any  log  that  will  not  float,  or  other  obstruc- 
tion to  navigation.  Any  person  violating  the  provisions  of  this  section  may  be 
notified,  in  writing,  to  remove  such  obstruction  by  any  person  damaged  thereby ; 
and  in  case  of  neglect  or  refusal  so  to  do,  for  the  space  of  five  days,  it  shall  be 
lawful  for  such  person  or  persons  so  damaged  by  such  obstruction  to  remove  the 
same,  and  the  reasonable  expense  thereof,  together  with  all  damages  caused  by 
such  obstruction,  shall  be  a  charge  against  the  person  or  persons  so  neglecting, 
and  the  same  may  be  collected  as  other  debts  are  collected  in  this  state. 

§  4.  All  persons  are  hereby  prohibited  from  placing  or  causing  to  be  placed 
in  said  stream  or  its  said  fork,  any  log  more  than  seven  feet  in  diameter,  and 
in  case  of  a  violation  of  the  provisions  of  this  section,  such  log  may  be  split  by 
the  parties  herein  first  above  named,  and  the  reasonable  expense  thereof  may 
be  added  to  the  tolls  due  on  such  log,  and  shall  become  a  part  of  such  tolls. 

§  5.  No  person  shall  construct  or  cause  to  be  constructed  any  landing  to  be 
used  by  him,  or  so  use  the  same  as  to  obstruct  said  stream  or  its  said  fork,  or 
the  navigation  thereof;  and  in  case  of  a  violation  of  the  provisions  of  this  sec- 
tion, the  parties  herein  first  named  are  authorized  to  remove  such  obstruction 
(if  the  same  is  not  promptly  done  by  the  person  or  persons  causing  the  same), 
and  the  reasonable  expense  thereof,  together  with  all  damages  caused  by  such 
obstruction  to  the  parties  herein  first  named,  may  be  collected  by  law  from  the 
owner  or  owners  of  such  landing. 

§  6.  The  parties  herein  first  named  shall  commence  work  upon  the  improve- 
ments herein  authorized  within  three  months  from  the  date  of  the  passage  of 
this  act,  and  shall  prosecute  the  same  with  reasonable  diligence  until  completed. 

§  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  KERR'S  CYC.  POL.  CODE  §§  2389-2393,    4085,    and    County    Government    Act    §  25 

subd.   52. 

MADERA  COUNTY. 

To  create  the  county  of  Madera,  to  define  the  boundaries  thereof,  to  determine 
the  county  seat,  and  to  provide  for  its  organization  and  election  of 
officers,  and  to  classify  said  county. 

(Stats.  1893,  168,  ch.  CXLIII.) 

§  1.  There  may  be  formed  out  of  the  northern  part  of  Fresno  county  a  new 
county,  to  be  called  the  county  of  Madera,  in  the  manner  and  subject  to  the 
conditions  herein  named. 


MADERA    COUNTY — CREATION    AND    ORGANIZATION.  707 

§  2.  The  boundaries  of  the  county  of  Madera  shall  be  as  follows :  Beginning 
at  a  point  where  the  third  standard  line  south  of  Mount  Diablo  base  line  crosses 
the  San  Joaquin  River;  thence  up  the  middle  of  said  river,  following  the 
meanderings  thereof  southeasterly  and  northeasterly  [northwesterly],  to  the  point 
where  said  river  crosses  the  south  boundary  line  of  township  six  south,  of  range 
twenty- four  east,  Mount  Diablo  base  and  meridian ;  thence  running  northeast  to 
the  boundary  line  of  Mono  County;  thence  following  the  line  now  established 
between  Mono  County  and  the  county  of  Fresno,  westerly,  to  the  corner 
common  to  the  counties  of  Tuolumne,  Mariposa,  and  Fresno ;  thence  following 
the  line  now  established  between  the  counties  of  Mariposa  and  Fresno,  to 
the  southeast  corner  of  the  county  of  Merced;  thence  westerly,  following  the 
line  now  established  between  the  county  of  Merced  and  the  county  of  Fresno, 
to  a  point  where  said  line  is  intersected  by  the  San  Joaquin  River;  thence 
following  up  the  middle  of  said  river  to  the  point  of  beginning. 

§  3.  The  county  seat  of  the  county  of  Madera  shall  be  chosen  as  herein- 
after provided. 

§  4.  The  governor  shall,  when  this  act  takes  effect,  appoint  five  persons, 
residents  and  electors  of  the  county  of  Madera,  who  shall  be  and  constitute  a 
board  of  commissioners  to  perfect  the  organization  of  said  county,  a  majority 
of  whom  shall  constitute  a  quorum.  Said  commissioners  shall  meet  in  the 
town  of  Madera  within  twenty  days  after  their  appointment,  and  after 
being  duly  sworn  to  faithfully  discharge  their  duties,  as  prescribed  in  this 
act,  shall  organize  by  electing  one  of  their  number  president,  and  shall  elect 
a  clerk,  who  shall  also  be  duly  sworn  to  faithfully  discharge  his  duties  as 
clerk  of  said  board  of  commissioners.  Three  of  the  members  of  said  board 
shall  be  necessary  to  transact  any  business,  and  a  majority  of  the  votes 
of  the  members  present  at  any  meeting  shall  control  in  all  matters  coming 
before  it.  It  shall  be  the  duty  of  said  board  of  commissioners,  after  they  shall 
have  duly  organized,  at  their  first  meeting,  to  divide  the  county  of  Madera 
into  five  supervisor  districts,  as  nearly  equal  in  population  as  may  be  prac- 
ticable, and  shall  designate  the  boundaries  and  number  of  each,  and  shall 
establish  and  designate  the  several  election  precincts  in  said  county,  and  the 
house  or  place  in  each  precinct  where  the  election  hereinafter  provided  for 
must  be  held.  Said  commissioners,  and  the  clerk  elected  by  them,  are  hereby 
authorized  and  required  to  discharge  the  same  duties  as  are  now  required  by 
law  of  boards  of  supervisors  and  county  clerks  in  the  counties  of  this  state,  so 
far  as  the  same  apply  to  holding  elections,  canvassing  returns,  and  issuing 
certificates  of  election.  They  shall  keep  a  full  record  of  their  proceedings, 
transmitting  to  the  secretary  of  state  a  certified  copy  thereof,  filing  the  origi- 
nals with  the  original  election  returns  in  the  county  clerk  ^s  office  as  soon 
as  he  shall  have  been  qualified,  and  thereupon  the  powers  and  duties  of  said 
commissioners  shall  cease  and  terminate. 

§  5.  Within  six  months  from  the  time  of  the  first  meeting  of  the  commis- 
sioners hereinbefore  provided  for,  said  commissioners  shall  order  an  election, 
to  be  held  in  said  county  of  Madera.  There  shall  be  chosen  at  said  election 
a  judge  of  the  superior  court,  a  district  attorney,  a  county  clerk,  a  sheriff,  a 
tax  collector,  a  treasurer,  a  recorder,  an  auditor,  an  assessor,  a  superintendent 
of  schools,  a  county  surveyor,  a  coroner,   a  public  administrator,   and  one 


708  MADERA    COUNTY — CREATION    AND    ORGANIZATION. 

supervisor  for  each  supervisor  district.  At  said  election  there  shall  be  sub- 
mitted to  the  qualified  electors  of  said  county  of  Madera,  as  hereinafter  de- 
scribed, the  question  whether  they  desire  a  separate  county  government;  and 
for  the  purpose  of  ascertaining  the  choice  of  said  electors,  the  ballots  used  at 
said  election  shall  have  printed  thereon  the  words  "For  the  new  county  of  Ma- 
dera— ^Yes,"  "For  the  new  county  of  Madera — No;"  and  all  ballots  on  which  a 
cross  is  marked  with  a  stamp  after  the  words  "For  the  new  county  of 
Madera — Yes,"  shall  be  counted  in  favor  of  such  county  separate  govern- 
ment; and  all  ballots  on  which  a  cross  is  marked  with  a  stamp  after  the 
words  "For  the  new  county  of  Madera — No,"  shall  be  counted  against  such 
separate  county  government.  At  said  election  shall  also  be  submitted  to 
the  qualified  electors  the  location  of  a  county  seat  of  said  county,  and  upon  a 
petition  of  not  less  than  five  per  centum  of  the  qualified  electors  of  said  county 
of  Madera,  asking  that  any  town  or  locality  be  voted  on  for  county  seat,  it 
shall  be  the  duty  of  the  board  of  commissioners  to  place  upon  the  ballots 
used  at  the  election  herein  provided  for,  after  the  words  "For  county  seat," 
the  name  of  the  town  or  locality  petitioned  for,  and  a  cross  mark  with  a 
stamp  after  the  name  of  any  town  or  locality  shall  be  counted  as  a  vote  in 
favor  of  such  town  or  locality,  and  the  place  receiving  the  highest  number  of 
votes  therefor  shall  be  declared  by  the  commissioners  the  county  seat  of  said 
county.  Said  election  shall  be  conducted  in  every  respect,  except  as  other- 
wise herein  provided,  in  accordance  with  the  general  election  law  for  the 
election  of  county  and  township  officers. 

§  6.  All  qualified  electors  of  this  state,  who  have  been  residents  and  electors 
of  the  territory  comprising  the  county  of  Madera  for  ninety  days  preceding 
the  election  provided  for  in  section  five  of  this  act,  shall  be  qualified  to  vote 
at  said  election.  The  register  of  Fresno  County,  used  at  the  general  election 
held  in  the  year  eighteen  hundred  and  ninety-two,  in  the  territory  com- 
prising the  county  of  Madera,  shall  be  prima  facie  evidence  of  the  qualification 
of  electors.  The  county  clerk  of  Fresno  county  is  hereby  directed  to  furnish 
the  commissioners  of  Madera  a  certificate,  under  seal,  showing  the  additional 
names  of  voters  on  the  great  register  of  Fresno  County,  registered  as  residing 
in  the  territory  of  the  county  of  Madera  since  the  last  great  register  of 
Fresno  County  was  printed ;  and  the  certificate  of  the  county  clerk  of  Fresno 
County,  under  seal,  showing  the  registration  of  any  qualified  voter  who 
resides  in  the  territory  forming  the  county  of  Madera,  up  to  the  date  of 
election,  shall  entitle  the  holder  thereof,  if  otherwise  qualified  by  law,  to  vote 
at  said  election. 

§  7.  It  shall  be  the  duty  of  the  secretary  of  state  to  furnished  to  the  clerk 
of  said  board  of  commissioners  the  quantity  of  ballot  paper  ordered  by  said 
clerk,  for  use  at  the  election  provided  for  in  this  act,  upon  payment  by  said 
clerk  of  the  cost  of  such  paper. 

§  8.  If  at  said  election  a  majority  of  two  thirds  of  the  votes  cast  on  the 
question  of  separate  county  government  shall  be  in  favor  of  such  separate 
county  government,  then  the  said  territory  hereinabove  described  shall  be  and 
become  a  separate  county  from  and  after  the  day  upon  which  the  returns  of 
said  election  shall  be  ascertained  and  declared  by  said  board  of  commissioners. 
But  if  at  such  election  less  than  a  majority  of  two  thirds  of  the  qualified 


MADERA  COUNTY— CREATION  AND  ORGANIZATION.  ,  7Q0 

electors,  voting  for  and  against  the  creation  of  the  proposed  county,  vote  for 
the  creation  of  said  county,  then  this  act  shall  cease  to  be  of  any  force  or  effect. 

§  9.  Sealed  returns  from  the  officers  of  election  of  the  several  precincts 
shall  be  made  to  the  board  of  commissioners,  at  such  office  as  they  shall 
select  in  the  town  of  Madera,  within  six  days  after  the  day  of  election. 

§  10.  Each  person  elected  to  fill  an  office  of  said  county  under  the  pro- 
visions of  this  act  shall  qualify  in  the  manner  provided  by  law  for  such  officers, 
and  shall  enter  upon  the  discharge  of  the  duties  of  his  office  within  twenty 
days  after  the  receipt  of  the  certificate  of  his  election.  The  person  elected  as 
judge  of  the  superior  court  shall  qualify  before  the  president  of  said  board 
of  commissioners ;  and  persons  elected  to  offices  of  said  county,  other  than 
the  office  of  judge  of  the  superior  court,  shall  qualify  before  the  judge  of  the 
superior  court,  or  before  the  president  of  said  board  of  commissioners,  which 
said  president  of  said  board  of  commissioners,  for  said  purpose,  shall  have 
power  to  administer  to  each  of  said  persons  his  official  oath. 

§  11.  The  officers  elected  or  appointed  under  the  provisions  of  this  act 
shall  each  perform  the  duties  and  receive  the  compensation  now  provided 
by  general  law  for  the  office  to  which  he  has  been  appointed  or  elected, 
in  counties  of  the  class  to  which  the  county  of  Madera  belongs,  under  the 
general  classification  of  counties  in  this  state;  and  until  otherwise  provided 
by  law,  said  county  shall  be  classified  as  a  county  of  the  forty-second  class. 

§  12.  All  duly  elected  and  qualified  supervisors  of  Fresno  county,  who,  at 
the  taking  effect  of  this  act,  are  residents  of  the  county  of  Madera,  shall  hold 
their  offices  for  the  time  provided  by  law,  upon  having  duly  qualified  as  su- 
pervisors of  the  county  of  Madera,  for  the  respective  districts  in  which  they 
reside,  as  said  districts  are  organized  by  action  of  the  board  of  commissioners 
provided  for  in  this  act.  All  justices  of  the  peace  and  all  constables, 
duly  elected  and  qualified,  residents  of  the  county  of  Madera  at  the  taking 
effect  of  this  act,  shall  hold  their  offices  for  the  terms  provided  by  law,  upon 
having  duly  qualified  as  justices  and  constables  of  the  county  of  Madera, 
for  the  respective  townships  in  which  they  reside.  All  school  trustees,  acting 
as  such  at  the  time  of  the  taking  effect  of  this  act,  residents  of  the  county 
of  Madera,  shall  hold  their  offices  for  the  time  provided  by  law,  upon  having 
duly  qualified  as  such  for  the  respective  school  districts  in  which  they  sev- 
erally reside,  as  such  districts  are  now  organized. 

§  13.  The  notaries  public  of  Fresno  County,  residents  of  the  county  of 
Madera  at  the  dates  of  their  appointments,  shall  hold  their  offices  until  the 
expiration  of  their  terms. 

§  14.  The  judge  of  the  superior  court  chosen  under  the  provisions  of  this  act 
shall  hold  his  office  until  the  first  Monday  in  January,  eighteen  hundred  and 
ninety-seven,  and  until  his  successor  is  elected  and  qualified.  The  assessor 
and  supervisors  elected  under  the  provisions  of  this  act  shall  hold  their  offices 
until  the  first  Monday  in  January,  eighteen  hundred  and  ninety-five,  or  until 
their  successors  are  elected  and  qualified.  The  other  officers,  hereinbefore 
enumerated,  shall  hold  their  offices  until  the  first  Monday  in  January,  eighteen 
hundred  and  ninety-five,  or  until  their  successors  are  elected  and  qualified. 
The  successors  of  the  officers  elected  under  this  act  shall  be  chosen  at  the 


710  MADERA    AND    MARIN    COUNTIES— STATE    PRISON. 

general  election  established  by  law,  which  takes  place  next  preceding  the 
expiration  of  their  respective  terms  of  office. 

§  15.  It  shall  be  the  duty  of  the  tax  collector  of  the  county  of  Fresno,  upon 
the  demand  of  the  tax  collector  of  the  county  of  Madera,  to  furnish,  assign, 
and  transfer  to  the  tax  collector  of  the  county  of  Madera,  a  complete  list  of 
all  unpaid  taxes  assessed  and  levied,  during  the  year  eighteen  hundred  and 
ninety-two,  on  property  within  the  boundaries  of  the  county  of  Madera.  The 
tax  collector  of  the  county  of  Fresno  shall  file  a  duplicate  list  of  such  unpaid 
taxes  assessed  within  the  boundaries  of  the  county  of  Madera  with  the  county 
auditor  of  Fresno  County.  The  tax  collector  of  the  county  of  Madera  shall 
give  to  the  tax  collector  of  the  county  of  Fresno  a  receipt  for  said  list  of  unpaid 
taxes,  and  shall  file  a  duplicate  list  with  the  auditor  of  the  county  of  Madera, 
and  thereupon  all  such  unpaid  taxes  shall  become  payable  to  the  tax  collector 
of  the  county  of  Madera,  and  he  is  hereby  authorized  to  collect  and  receipt 
for  the  same. 

§  16.  The  superintendent  of  schools  of  the  county  of  Fresno  shall  furnish 
the  superintendent  of  schools  of  the  county  of  Madera  with  a  certified  copy  of 
the  last  school  census  list  of  the  difl:erent  school  districts  in  the  territory  set 
apart  to  form  the  county  of  Madera,  and  draw  his  warrants  on  the  treasurer 
of  Fresno  County  in  favor  of  the  superintendent  of  schools  of  the  county  of 
Madera  for  all  money  that  is  or  may  be  due,  by  apportionment  or  otherwise, 
to  the  different  school  districts  of  the  county  of  Madera;  and  the  auditor  of 
the  county  of  Fresno  shall,  in  like  manner,  draw  his  warrant  in  favor  of  the 
auditor  of  the  county  of  Madera  for  all  money  that  is  or  may  be  due,  by 
apportionment  or  otherwise,  to  the  different  road  district  funds  in  the  terri- 
tory set  apart  to  form  the  county  of  Madera ;  and  said  funds  shall  be  properly 
credited  to  the  respective  districts  in  said  county. 

§  17.  The  county  of  Madera  shall  be  comprised  in  the  sixty-second  and 
sixty-third  assembly  districts,  and  in  the  sixteenth  senatorial  district,  as  now 
established,  until  otherwise  provided  by  law. 

§  18.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  approval. 

People  vs.  Markham,  104   Cal.  232,   236,   37  Pac.  Rep.  91S. 

MAIL-CARRIERS. 

See  tit.  Railroads — Street. 

MAPS. 

See  tit.  Municipal  Corporations. 

MARIN  COUNTY. 

Defining  lawful  fences. 
See  tits.  Fences ;  Hunting  on  Private  Property ;  Sheep-Herding. 

MARIN  COUNTY— STATE  PRISON. 

By  Stats.   1861,  121,  ch.  CXXIX,  it  is  pro-  said    county,    the    fees    allowed    him    by   law 

Vlded    that    whenever    the    coroner    of    Ma-  for    such    services    shall    not    be    a    county 

rin    County    is    called    upon    in    his    official  charge,  but  shall  be  a  legal  charg-e  against 

capacity   to    inquire   into    the    causes    of   the  the  state,  and  provision  is  made  in  the  act 

death  of  any  convict  at  the  state  prison  In  for  the  manner  of  presenting  such  charge*. 


MARRIKD     WOMEN,    EARNINGS — MARSHALL.    MONUMENT.  711 

MARIPOSA  COUNTY. 

See  tit.  Boundaries. 

MARKLEEVILLE. 

See  tit.  Municipal  Corporations.  [ 

MARRIED  WOMEN.  ; 

See  tit.  Prostitution. 

People  vs.  Mead,  145  Cal.  500,  502,  78  Pac.  Rep.  1047. 

MARRIED   WOMEN— EARNINGS. 

The  statute  relating  to  earning-s  of  women  the  Code  of  Civil   Procedure   (§  370). — Hum- 
living  separate   from   their  husbands    (1869-  phrey    vs.    Pope,    122    Cal.    253-255,    54    Pac. 
70,  226,  ch.   CLXI)   would  seem  to  be  super-  Rep.    847. 
seded    by    the    Civil    Code    (§§  168-170)    and 

MARSHALL  MONUMENT. 

To  provide  for  the  appointment  of  a  guardian  for  the  Marshall  monument  and 
grounds,  prescribing  his  duties  and  appropriating  money  therefor. 

(Stats.  1891,  424,  eh.  CCXIX.) 

§  1.  The  care  and  protection  of  the  Marshall  monument  and  grounds  from 
vandalism  and  injury  is  hereby  vested  in  the  governor  of  California,  who  shall, 
within  thirty  days  after  the  passage  of  this  act,  appoint  a  suitable  person  who 
shall  act  as  the  guardian  of  the  said  monument  and  grounds,  under  such  rules 
and  regulations  as  the  governor  shall  prescribe. 

§  2.  The  duties  of  the  guardian  shall  be  to  take  charge  of  the  said  monu- 
ment and  grounds,  and  to  preserve  and  protect  the  same  from  injury  and 
vandalism ;  to  keep  in  proper  repair  the  road  leading  to  said  monument,  over 
the  grounds  belonging  to  the  state,  and  to  improve  said  grounds  under  such 
rules  and  regulations  as  the  governor  may  prescribe.  The  said  guardian  shall 
reside  upon  said  Marshall  monument  grounds,  or  within  one  mile  of  the 
same;  he  shall  hold  office  at  the  pleasure  of  the  appointing  power,  and  may 
be  removed  by  the  governor  at  any  time  for  cause,  after  due  trial. 

§  3.  The  guardian  shall  receive  for  his  services  fifty  dollars  per  month, 
payable  from  the  state  treasury,  in  the  same  manner  as  other  state  officers 
are  paid. 

§  4.  The  sum  of  one  hundred  and  fifty  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated,  for  the  pay- 
ment of  the  salary  of  the  said  guardian  for  the  forty-second  fiscal  year. 

§  5,     This  act  shall  be  in  force  and  take  effect  from  and  after  its  passage. 

MARTINEZ. 

See  tit.  Municipal  Corporations. 

MARYSVILLE. 
See  tits.  Feather  River  Bridge;  Municipal  Corporations. 

MATERIAL-MEN'S    LIENS. 

See  tit.  Public  Works. 


ria  MEDICINE— REGULATION    OF    PRACTICE    OF— BOARDw 

MATERNITY  HOSPITALS. 

See  tit.  Hospitals. 

MATRONS  FOR  JAILS. 

See  tit.  Prisons. 

MAYOR'S  COURT. 

See  tit.  Municipal  Corporations. 

MEADOW  LAKE. 

See  tit.  Municipal  Corporations. 

MECHANIC  ARTS— COLLEGES. 

See  tit.  Colleges. 

MECHANICS'    AND    LABORERS'    LIENS. 

See  tits.  Liens;  Loggers'  Liens;  Public  Works;  Wages. 

MEDICINE— PRACTICE  OF. 

For  the  regulation  of  tlie  practice  of  medicine  and  surgery  in  the  state  of  Cali- 
fornia, and  for  the  appointment  of  a  board  of  medical  examiners  in  the 
matter  of  said  regulation. 

(Stats.  1901,  56,  ch.  LI.) 

§  1.  Appointment  of  hoard,  quorum.  There  shall  be  a  board  consisting  of 
nine  members,  which  shall  be  known  as  the  board  of  medical  examiners  of  the 
state  of  California.  The  members  of  said  board  shall  be  elected  as  follows :  Five 
members  thereof  shall  be  elected  by  the  Medical  Society  of  the  State  of  Califor- 
nia, two  members  thereof  by  the  California  State  Homoeopathic  Medical  Society, 
and  two  members  thereof  by  the  Eclectic  Medical  Society  of  the  State  of  Califor- 
nia. Said  members  shall  be  elected  annually  by  said  societies,  respectively,  ac- 
cording to  such  rules  as  each  society  may  adopt  for  the  election  of  the  members 
to  be  elected  by  it,  and  the  members  so  elected  shall  serve  for  one  year,  and  until 
their  successors  shall  have  been  elected  and  qualified.  Each  of  said  societies 
respectively  may  also  elect  alternates  who  shall  fill  such  vacancies  as  may  occur 
in  its  representation  on  the  board.  It  shall  require  the  affirmative  vote  of  six 
members  of  said  board  to  carry  any  motion  or  resolution,  to  adopt  any  rule,  to 
pass  any  measure,  or  to  authorize  the  issuance  of  any  certificate  to  practise  medi- 
cine and  surgery  as  in  this  act  provided. 

§  2.  Oath.  Each  member  of  said  board  shall,  before  entering  upon  the  duties 
of  his  office,  take  the  constitutional  oath  of  office,  and  shall,  in  addition,  make 
oath  that  he  is  a  graduate  in  medicine,  and  a  legally  qualified  practitioner  of 
medicine  in  this  state. 

§  3.  Organization,  meetings.  Said  board  shall  organize  by  electing  from  its 
number  a  president,  vice-president,  secretary  and  treasurer,  who  shall  hold  their 
respective  positions  during  the  pleasure  of  the  board.  Said  board  shall  hold  its 
regular  meetings  in  the  city  of  San  Francisco,  on  the  first  Tuesdays  of  April, 
August,  and  December  of  each  year,  for  the  consideration  of  applications  for 
certificates,  and  for  the  transaction  of  such  other  business  as  may  properly  come 


MEDICINE— REGULATING    PRACTICE    OF — EXAMINATION,    ETC.  713 

before  it,  with  power  of  adjournment  from  time  to  time  until  its  business  is 
concluded;  provided,  however,  that  examinations  of  applicants  for  certificates 
may,  in  the  discretion  of  the  board,  be  conducted  in  any  part  of  the  state  desig- 
nated by  said  board  of  examiners,  under  the  supervision  of  any  one  member  of 
said  board,  upon  written  questions  previously  prepared  by  said  board;  and 
when  the  examination  is  concluded  the  question  submitted,  together  with  the 
answers  and  any  other  evidence  or  affidavits  used  or  produced  at  said  examina- 
tion, shall  be  signed  by  said  examiner  and  immediately  returned  to  the  board  of 
examiners,  who  shall  act  upon  said  application  for  a  certificate  in  the  same 
manner  as  if  the  person  had  appeared  personally  before  said  board.  Notice  of 
each  regular  meeting  of  the  board  shall  be  given  by  publication  twice  a  week,  for 
each  of  the  two  weeks  next  preceding  each  meeting,  in  two  daily  papers  published 
in  the  city  of  San  Francisco,  in  one  daily  paper  published  in  the  city  of  Sacra- 
mento, and  in  one  daily  paper  published  in  the  city  of  Los  Angeles.  Special 
meetings  of  the  board  may  be  held  at  the  call  of  the  president,  at  such  time  and 
place  as  he  shall  direct,  and  the  same  notice  thereof  shall  be  given  as  in  the  case 
of  regular  meetings.  Said  board  shall  procure  a  seal,  and  shall  receive  through 
its  secretary  applications  for  the  certificates  provided  to  be  issued  under  this  act. 

§  4.  Rules.  Said  board  may  from  time  to  time  adopt  such  rules  as  may  be 
necessary  to  enable  it  to  carry  into  effect  the  provisions  of  this  act.  Any  member 
of  said  board  may  administer  oaths  in  all  matters  pertaining  to  the  duties  of 
said  board,  and  the  board  shall  have  the  authority  to  take  evidence  as  to  any 
matter  cognizable  by  it. 

§  5.  Requirements,  exdmiTiaUon,  fee.  Every  person  before  practising  medi- 
cine or  surgery,  or  any  of  the  departments  of  medicine  or  surgery  in  this  state, 
must  have  the  certificate  herein  provided  for.  In  order  to  procure  such  certifi- 
cate he  must  produce  satisfactory  testimonials  of  good  moral  character,  and  a 
diploma  issued  by  some  legally  chartered  medical  school,  the  requirements  of 
which  medical  school  shall  have  been  at  the  time  of  granting  such  diploma,  in  no 
particular  less  than  those  prescribed  by  the  Association  of  American  Medical 
Colleges  for  that  year;  or  he  must  produce  satisfactory  evidence  of  having 
possessed  such  diploma,  or  a  license  from  some  legally  constituted  institution 
which  grants  medical  and  surgical  licenses  only  upon  actual  examination,  or 
satisfactory  evidence  of  having  possessed  such  license;  and  he  must  accompany 
said  diploma  or  license  with  an  affidavit  stating  that  he  is  the  lawful  possessor  of 
the  same,  that  he  is  the  person  therein  named,  and  that  the  diploma  or  license 
was  procured  in  the  regular  course,  either  of  instruction  or  examination,  without 
fraud  or  misrepresentation  of  any  kind.  Such  affidavit  may  be  taken  before 
any  person  authorized  to  administer  oaths,  and  the  same  shall  be  attested  under 
the  hand  and  official  seal  of  such  officer,  if  he  have  a  seal.  In  addition  to  such 
affidavit,  said  board  may  hear  such  further  evidence  as,  in  its  discretion,  it  may 
deem  proper  as  to  any  of  the  matters  embraced  in  said  affidavit.  If  it  should 
appear  from  such  evidence  that  said  affidavit  is  untrue  in  any  particular,  or  if 
it  should  appear  that  the  applicant  is  not  of  good  moral  character,  the  applica- 
tion must  be  rejected. 

In  addition  to  the  requirements  above  set  forth,  each  applicant  for  a  certificate 
must  be  personally  examined  by  said  board  as  to  his  qualifications  to  practise 
medicine  and  surgery.     The  examination  shall  be  conducted  in  the  English 


714  MEDICINE— REGULATING     PRACTICE     OF— CERTIFICATES. 

language,  and  shall  be,  in  whole  or  in  part,  in  writing,  and  shall  be  on  the  fol- 
lowing subjects,  to  wit:  Anatomy,  physiology,  bacteriology,  pathology,  chemis- 
try and  toxicology,  surgery,  obstetrics,  materia  medica  and  therapeutics,  and 
theory  and  practice  of  medicine.  When  the  applicant  applies  for  examination 
in  materia  medica  and  therapeutics,  and  theory  and  practice  of  medicine,  he  shall 
designate  in  what  school  of  medicine  he  desires  to  practise,  and  only  the  member 
or  members  of  the  board  who  belong  to  the  school  so  designated  shall  participate 
in  this  part  of  the  examination.  Examinations  shall  be  practical  in  character, 
and  designed  to  discover  the  applicant's  fitness  to  practise  medicine  and  sur- 
gery. 

Examinations  in  each  subject  shall  consist  of  not  less  than  ten  questions,  an- 
swers to  which  shall  be  marked  upon  a  scale  of  one  to  ten.  If  an  applicant  fail 
in  his  first  examination  he  may,  after  not  less  than  six  months,  be  re-examined. 
If  he  fail  in  a  second  examination  he  shall  not  thereafter  be  entitled  to  another 
examination  in  less  than  one  year  after  date  of  second  examination,  and  shall 
be  required  to  pay  for  such  examinations  the  full  fee.  The  examination  papers 
shall  form  a  part  of  the  records  of  said  board,  and  shall  be  kept  on  file  by  the 
secretary.  In  said  examination  the  applicant  shall  be  known  and  designated 
by  number  only,  and  the  name  attached  to  the  number  shall  be  kept  secret  by 
the  secretary  until  after  the  board  has  finally  voted  upon  the  application.  The 
secretary  of  the  board  of  medical  examiners  shall  in  no  instance  participate,  as 
an  examiner,  in  any  examinations  held  by  the  board ;  nor  shall  he  be  entitled  to 
vote  upon  the  question  of  granting  any  certificate  to  practise  medicine  and  sur- 
gery. 

Said  board  may,  in  its  discretion,  accept  and  register,  upon  payment  of  the 
registration  fee,  and  without  examination  of  the  applicant,  any  certificate  which 
shall  have  been  issued  to  him  by  the  medical  examining  board  of  the  District  of 
Columbia,  or  of  any  state  or  territory  of  the  United  States ;  provided,  however, 
that  the  legal  requirements  of  such  medical  examining  board  shall  have  been  at 
the  time  of  issuing  such  certificate,  in  no  degree  or  particular  less  than  those  of 
California  at  the  time  when  such  certificate  shall  be  presented  for  registration 
to  the  board  created  by  this  act;  and,  provided  further,  that  the  provisions  in 
this  paragraph  contained  shall  be  held  to  apply  only  to  such  of  said  medical 
examining  boards  as  accept  and  register  the  certificates  granted  by  this  board 
without  examination  by  them  of  the  ones  holding  such  certificates.  Each  appli- 
cant, on  making  application,  shall  pay  to  the  secretary  of  the  board  a  fee  of 
twenty  (20)  dollars,  which  shall  be  paid  to  the  treasurer  of  said  board  by  said 
secretary, 

§  6.  Certificate.  When  any  applicant  has  shown  himself  to  be  possessed  of 
the  qualifications  herein  required,  and  has  successfully  passed  the  said  examina- 
tion, a  certificate  must  be  issued  to  him  by  said  board,  authorizing  him  to  prac- 
tise medicine  and  surgery  in  this  state.  Said  certificate  shall  be  signed  by  the 
president  and  secretary  of  said  board,  and  sealed  with  the  seal  of  the  board. 

§  7.  Record  of  proceedings.  Said  board  shall  keep  an  official  record  of  all 
its  proceedings,  a  part  of  which  record  shall  consist  of  a  register  of  all  applicants 
for  certificates  under  this  act,  with  the  result  of  each  application.  Said  record 
shall  be  evidence  of  all  the  proceedings  of  said  board  which  are  set  out  therein. 

§  8.     Registration.     Every  person  holding  a  certificate   authorizing  him  to 


MEDICINE— REGULATING    PRACTICE    OF — CERTIFICATE    REFUSED.  715 

practise  medicine  or  surgery,  or  both,  in  this  state,  must  have  it  recorded  in  the 
office  of  the  county  clerk  of  the  county  in  which  the  holder  of  said  certificate  is 
practising  his  profession,  and  the  fact  of  such  recording  shall  be  indorsed  on  the 
certificate  by  the  county  clerk  recording  the  same.  Every  such  person,  on  each 
change  of  residence,  must  have  his  certificate  recorded  in  the  county  to  which  he 
shall  have  changed  his  residence.  The  absence  of  such  record  shall  be  prima 
facie  evidence  of  the  want  of  possession  of  such  certificate.  And  any  person 
holding  a  certificate  who  shall  practise  medicine  or  surgery,  or  attempt  to  prac- 
tise medicine  or  surgery,  without  first  having  filed  his  certificate  with  the  county 
clerk,  as  herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  of  not  less 
than  thirty  days  nor  more  than  sixty  days,  or  by  both  such  fine  and  imprisonment. 

§  9.  The  county  clerk  shall  keep  in  a  book,  provided  for  the  purpose,  a  com- 
plete list  of  the  certificates  recorded  by  him,  with  the  date  of  the  record;  and 
said  book  shall  be  open  to  public  inspection  during  his  office  hours. 

§  10.  Refusal  to  grant  certificate;  revocation  of  certificate;  unprofessional 
conduct.  Said  board  must  refuse  a  certificate  to  any  applicant  guilty  of  unpro- 
fessional conduct ;  but  before  such  refusal  the  applicant  must  be  cited  by  citation, 
signed  by  the  secretary  of  the  board,  and  sealed  with  its  seal.  No  such  citation 
shall  be  issued  except  upon  a  sworn  complaint  filed  with  the  secretary  of  the 
board,  charging  the  applicant  with  having  been  guilty  of  unprofessional  conduct, 
and  setting  forth  the  particular  acts  constituting  such  unprofessional  conduct. 
On  the  filing  of  such  complaint  the  secretary  must  forthwith  issue  a  citation, 
and  make  the  same  returnable  at  the  next  regular  session  of  said  board,  occurring 
at  least  thirty  days  next  after  filing  the  complaint.  Such  citation  shall  notify  the 
applicant  of  the  time  and  place,  when  and  where  the  matter  of  said  unpro- 
fessional conduct  shall  be  heaid,  the  particular  unprofessional' conduct  with 
which  the  applicant  is  charged,  and  that  the  applicant  shall  file  his  written 
answer,  under  oath,  within  twenty  days  next  after  the  service  on  him  of  said 
citation,  or  default  will  be  taken  against  him,  and  his  application  for  a  certifi- 
cate refused.  The  attendance  of  witnesses  at  such  hearing  shall  be  compelled  by 
subpoenas  issued  by  the  secretary  of  the  board,  under  its  seal ;  and  said  secretary 
shall  in  no  case  refuse  to  issue  any  such  subpoena,  upon  a  fee  of  twenty  cents 
being  paid  him  for  each  subpoena.  Said  citation  and  said  subpojnas  shall  be 
served  in  accordance  with  the  statutes  of  this  state  then  in  force  as  to  the  service 
of  citations  and  subpoenas  generally,  and  all  the  provisions  of  the  statutes  of  this 
•state  then  in  force  relating  to  subpoenas  are  hereby  made  applicable  to  the  sub- 
poenas provided  for  herein.  If  any  person  refuse  to  obey  a  subpoena  served  upon 
him  in  accordance  with  the  statutes  of  this  state  then  in  force  providing  for  the 
manner  of  serving  subpoenas,  the  fact  of  such  refusal  shall  be  certified  by  the 
secretary  of  said  board,  under  the  seal  thereof,  to  the  superior  court  of  the  county 
in  which  the  service  was  had,  and  said  court  shall  thereupon  proceed  to  hear  said 
matter  in  accordance  with  the  statutes  of  this  state  then  in  force  as  to  contempts 
for  disobedience  of  process  of  the  court;  and  should  said  court  find  that  the 
subpoena  had  been  legally  served,  and  that  the  party  so  served  had  wilfully  dis- 
obeyed the  same,  it  shall  proceed  to  impose  such  penalty  as  provided  in  cases  of 
contempt  of  court.    In  all  cases  of  alleged  unprofessional  conduct  arising  under 


ri«  MEDICINE— REGULATING    PRACTICE     OF— REVOKING     CERTIFICATE. 

this  act,  depositions  of  witnesses  may  be  taken,  the  same  as  in  civil  cases,  and  all 
the  provisions  of  the  statutes  of  this  state  then  in  force  as  to  the  taking  of  depo- 
sitions are  hereby  made  applicable  to  the  taking  of  depositions  under  this  act. 
If  the  applicant  shall  fail  to  file  with  the  secretary  of  said  board  his  answer,  under 
oath,  to  the  charges  made  against  him,  within  twenty  days  after  service  on  him 
of  said  citation,  or  within  such  further  time  as  the  board  may  give  him,  and 
the  charges  on  their  face  be  deemed  sufficient  by  the  board,  default  shall  be 
entered  against  him,  and  his  application  refused.  If  the  charges  on  their  face  be 
deemed  sufficient  by  the  board,  and  issue  be  joined  thereon  by  answer,  the  board 
shall  proceed  to  determine  the  matter,  and  to  that  end  shall  hear  such  evidence, 
as  may  be  adduced  before  it;  and  if  it  appear  to  the  satisfaction  of  the  board 
that  the  applicant  is  guilty  as  charged,  no  certificate  shall  be  issued  to  him.  No 
certificate  shall  be  refused  on  the  ground  of  unprofessional  conduct  unless  the 
applicant  has  been  guilty  of  such  conduct  subsequently  to  the  passage  of  this  act, 
and  unless  he  has  been  guilty  of  such  conduct  within  two  years  next  preceding 
his  application.  "Whenever  any  holder  of  the  certificate  herein  provided  for  is 
guilty  of  unprofessional  conduct,  as  the  same  is  defined  in  this  act,  and  the  said 
unprofessional  conduct  has  been  brought  to  the  attention  of  the  board  granting 
said  certificate,  in  the  manner  hereinafter  pointed  out,  it  shall  be  their  duty  to, 
and  they  must,  revoke  the  same  at  once,  and  the  holder  of  said  certificate  shall 
not  thereafter  be  permitted  to  practise  medicine  or  surgery,  or  any  of  the  de- 
partments of  medicine  or  surgery,  in  this  state.  But  no  such  revocation  shall  be 
made  unless  said  holder  is  cited  to  appear,  and  the  same  proceedings  are  had 
as  is  hereinbefore  provided  in  this  section  in  case  of  refusal  to  issue  certificates. 
The  accused  party,  at  the  time  he  presents  his  answer  for  filing,  shall  deposit 
with  the  secretary  his  certificate,  and  unless  he  do  so,  the  secretary  must  not  file 
his  answer,  and  default  shall  be  thereupon  entered  against  him,  and  his  certificate 
revoked  if  the  charges  on  their  face  be  deemed  sufficient  by  the  board.  When  the 
certificate  is  revoked,  the  secretary  of  the  board,  if  said  certificate  has  been  de- 
posited with  him,  shall  write  across  the  face  thereof,  in  red  ink,  the  fact  of  such 
revocation,  and  shall  file  said  certificate,  so  revoked,  among  the  archives  of  his 
office,  and  shall  also  certify  the  fact  of  such  revocation,  under  the  seal  of  the 
board,  to  the  county  clerk  of  the  counties  in  which  the  certificate  of  the  person 
whose  certificate  has  been  revoked  is  recorded;  and  said  clerk  must  thereupon 
write  upon  the  margin  or  across  the  face  of  his  register  of  the  certificate  of  such 
person,  the  following: 

"This  certificate  was  revoked  on  the day  of ,"  giving  the  day, 

month  and  year  of  such  revocation,  in  accordance  with  said  certification  to  him. 
by  said  secretary.  The  record  of  such  revocation  so  made  by  said  county  clerk 
shall  be  prima  facie  evidence  of  the  fact  thereof,  and  of  the  regularity  of  all 
the  proceedings  of  said  board  in  the  matter  of  said  revocation.  If  said  board 
shall  decide  against  revocation,  the  certificate  shall  be  returned  to  the  holder 
thereof.  No  certificate  shall  be  revoked  for  unprofessional  conduct  unless  the 
accused  has  been  guilty  thereof  subsequently  to  the  passage  of  this  act,  and  unless 
he  has  been  guilty  thereof  within  two  years  next  preceding  the  time  of  filing  the 
complaint  charging  him  with  such  unprofessional  conduct.  From  the  time  of 
the  revocation  of  a  certificate  the  holder  thereof  shall  be  disqualified  from  prac- 
tising medicine  or  surgery  in  this  state. 


MEDICINE— REGULATING    PRACTICE    OF— ILLEGAL    PRACTICE.  717 

The  words  ''unprofessional  conduct,"  as  used  in  this  act,  are  hereby  declared 
to  mean: 

First — The  procuring  or  aiding  or  abetting  in  procuring  a  criminal  abortion. 

Second — The  obtaining  of  any  fee  on  the  assurance  that  a  manifestly  incurable 
disease  can  be  permanently  cured. 

Third — The  wilfully  betraying  a  professional  secret. 

Fourth — All  advertising  of  medical  business  in  which  grossly  improbable  state- 
ments are  made. 

Fifth — All  advertising  of  any  medicines,  or  of  any  means,  whereby  the 
monthly  periods  of  women  can  be  regulated,  or  the  menses  re-established  if 
suppressed. 

Sixth — Conviction  of  any  offense  involving  moral  turpitude. 

Seventh — Habitual  intemperance. 

§  11.  Expenditures  of  the  board.  Said  board  shall  have  the  power  to  employ 
legal  counsel  and  clerical  assistance,  and  to  fix  the  salaries  of  the  same,  and  to 
incur  such  other  expenses  as  may  be  deemed  necessary  to  carry  into  effect  the 
provisions  of  this  act.  It  shall  also  fix  the  salary  of  the  secretary,  not  to  exceed 
the  sum  of  twenty-four  hundred  dollars  per  annum,  and  the  sum  to  be  paid  to 
other  members  of  said  board,  not  to  exceed  ten  dollars  per  diem  each,  for  each 
and  every  day  of  actual  service  in  the  discharge  of  official  duties ;  and  said  board 
may,  in  its  discretion,  add  to  said  sums  necessary  traveling  expenses.  All  money 
in  excess  of  the  actual  expenses  of  the  board  shall  be  paid  annually  into  the 
treasuries  of  the  respective  state  medical  societies,  and  shall  be  pro-rated  accord- 
ing to  the  number  of  representatives  of  each  school  among  the  applicants  ex- 
amined. 

§  12.  Illegal  practice.  Any  person  practising  medicine  or  surgery  in  this 
state,  without  having,  at  the  time  of  so  practising,  a  valid,  unrevoked  certificate, 
as  provided  in  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars, 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  for  a  term  of  not  less 
than  sixty  days,  nor  more  than  one  hundred  and  eighty  days,  or  by  both  such 
fine  and  imprisonment.  In  each  such  conviction  one  half  of  the  fine  shall  be 
paid,  when  collected,  to  the  prosecuting  witness,  or  witnesses,  and  the  other  half 
shall  be  paid  into  the  school  fund  of  the  county,  or  city  and  county,  in  which  such 
conviction  is  had. 

§  13.  Unauthorized  registration.  Every  person  filing  for  record,  or  attempt- 
ing to  file  for  record,  the  certificate  issued  to  another,  falsely  claiming  himself 
to  be  the  person  named  in  such  certificate,  or  falsely  claiming  himself  to  be  the 
person  entitled  to  the  same,  shall  be  guilty  of  felony,  and,  upon  conviction 
thereof,  shall  be  subject  to  such  penalties  as  are  provided  by  the  laws  of  this 
state  for  the  crime  of  forgery. 

§  14.  False  representation.  Any  person  assuming  to  act  as  a  member  of  a 
state  board  of  medical  examiners,  or  who  shall  sign,  or  subscribe,  or  issue  or  cause 
to  be  issued,  or  seal  or  cause  to  be  sealed,  a  certificate  authorizing  any  person  to 
practise  medicine  or  surgery  in  this  state,  except  the  person  so  acting  and  doing; 
shall  have  been  elected  a  member  of  said  board  of  medical  examiners  as  in  thiS' 
act  provided,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fime 


718  MEDICINE — REGULATING    PRACTICE    OF — PREVIOUS    REGISTRATION. 

of  not  less  tlian  one  hundred  dollars,  nor  more  than  five  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than  sixty  nor  more 
than  one  hundred  and  eighty  days,  or  by  both  such  fine  and  imprisonment. 

§  15.  Previous  registration.  Any  person  who  holds  a  certificate  from  one  of 
the  boards  of  examiners  heretofore  existing  under  the  provisions  of  "An  act  to 
regulate  the  practice  of  medicine  in  the  state  of  California,"  approved  April 
third,  eighteen  hundred  and  seventy-six,  or  an  act  supplemental  and  amendatory 
to  said  act,  which  became  a  law  April  first,  eighteen  hundred  and  seventy-eight, 
shall  be  entitled  to  practise  medicine  and  surgery  in  this  state,  the  same  as  if 
it  had  been  issued  under  this  act;  but  all  such  certificates  may  be  revoked  for 
unprofessional  conduct,  in  the  same  manner  and  upon  the  same  grounds  as  if 
they  had  been  issued  under  this  act. 

§  16.  Definition.  The  following  persons  shall  be  deemed  as  practising  medi- 
cine or  surgery  within  the  meaning  of  this  act : 

1.  Those  who  profess  to  be,  or  hold  themselves  out  as  being,  engaged  as 
doctors,  physicians  or  surgeons  in  the  treatment  of  disease,  injury,  or  de- 
formity of  human  beings. 

2.  Those  who  for  pecuniary  or  valuable  consideration,  shall  prescribe  medicine, 
magnetism,  or  electricity,  in  the  treatment  of  disease,  injury,  or  deformity  of 
human  beings. 

3.  Those  who,  for  pecuniary  or  valuable  consideration,  shall  employ  surgical 
or  medical  means  or  appliances  for  the  treatment  of  disease,  injury,  or  deformity 
of  human  beings,  except  dealers  in  surgical,  dental  and  optical  appliances. 

4.  Those  who,  for  pecuniary  or  valuable  consideration,  prescribe  or  use  any 
drug  or  medicine,  appliance,  or  medical  or  surgical  treatment,  or  perform  any 
operation  for  the  relief  or  cure  of  any  bodily  injury  or  disease. 

The  doing  of  any  of  the  acts  in  this  section  mentioned  shall  be  taken  to  be 
prima  facie  evidence  of  an  intent  on  the  part  of  the  person  doing  any  of  said  acts 
to  represent  himself  as  engaged  in  the  practice  of  medicine  or  surgery  or  both; 
but  nothing  in  this  act  shall  be  so  construed  as  to  inhibit  service  in  the  case  of 
emergency,  or  the  domestic  administration  of  family  remedies ;  nor  shall  this  act 
apply  to  any  commissioned  medical  officer  in  the  United  States  army,  navy,  or 
marine  hospital  service,  in  the  discharge  of  his  professional  duties,  nor  to  any 
legally  qualified  dentist  when  engaged  exclusively  in  the  practice  of  dentistry, 
nor  to  any  physician  or  surgeon  from  another  state  or  territory,  when  in  actual 
consultation  with  a  legal  practitioner  of  this  state,  if  such  physician  or  surgeon 
is,  at  the  time  of  such  consultation,  a  legal  practitioner  of  medicine  or  surgery  in 
the  state  or  territory  in  which  he  resides ;  nor  to  any  physician  or  surgeon  resid- 
ing on  the  border  of  a  neighboring  state  and  duly  authorized  under  the  laws 
thereof  to  practise  medicine  or  surgery  therein,  whose  practice  extends  within 
the  limits  of  this  state ;  provided,  that  such  practitioner  shall  not  open  an  office 
or  appoint  a  place  to  meet  patients  or  receive  calls  within  the  limits  of  this  state. 

§  17.  Repeal.  An  act  entitled  "An  act  to  regulate  the  practice  of  medicine 
in  the  state  of  California,"  approved  April  third,  eighteen  hundred  and  seventy- 
six;  and  an  act  entitled  "An  act  supplemental  to  and  amendatory  of  an  act 
entitled  'An  act  to  regulate  the  practice  of  medicine  in  the  state  of  California,' 
[approved]  April  third,  eighteen  hundred  and  seventy-six,"  which  became  a 


MKDICAL.    PRACTITIONERS,    CHRISTIAN    SCIENTISTS— MERCED    COUNTY.         710 

law  April  first,  eighteen  hundred  and  seventy-eight,  and  all  acts,  and  parts  of 
acts,  in  conflict  with  this  act,  are  hereby  repealed. 

§  18.  This  act  shall  take  effect  from  and  after  the  first  day  of  August,  nine- 
teen hundred  and  one. 

The    foregoing,   as    wiU   be    observed,    su-  67;  Kansas  City  vs.  Baird,  92  Mo.  App.  204; 

persedes   the    previous    legislation    upon    the  Evans  vs.   State,   6  Ohio  N.  P.   129;  State  vs. 

same  subject.     Following  are  supreme  court  Anthony,    20    R.    I.    644,    40    Atl.    Rep.    1135; 

decisions  relating  to  the  Acts  of  1875-6,  792,  State  vs.   Mylord,   20   R.   I.    632,    40  Atl.   Rep. 

ch.      DXVIII,     and      supplementary     Act      of  573,  41  L.  R.  A.   428. 

1877-8,   918,  ch.   DLXXVI:    Ex  parte  Frazer,  Compare    (holding    they    do    come    within 

54    Cal.    94,    95;    Ex    parte    McNulty,    77    Cal.  the   statute)    State  vs.   Buswell,  40  Neb.   158, 

164,  167,  11  Am.  St.  Rep.  257,  19  Pac.  Rep.  237;  58   N.   W.  Rep.   728,   24  L.  R.  A.   68    (the  first 

Gardner  vs.  Tatum,  81  Cal.   370,  372,  22  Pac.  case    holding    Christian    Science    practition- 

Rep.  880;  Ex  parte  Wong  You  Ting,  106  Cal.  ers    amenable    to    the    law    regulating    the 

296,    39    Pac.    Rep.    627;    In    re    Ambrosewf,  practice      of     medicine);     State    vs.     Marble 

109    Cal.    264,    41    Pac.   Rep.    1101;    People   vs.  (Ohio,    Feb.    28,    1905),    73    N.    E.    Rep.    1063 

Boo    Doo    Hong,    122    Cal.    606,    607,    55    Pac.  (taking  fee  for  "treatment");  People  ex  rel. 

Rep.   402.  Board  of  Health  vs.  Bratsch,    (111.)    32  Chic. 

Also    Statfi.    1901,    56. — Ex    parte    Gerino,  L.  News  35. 
143  Cal.  412,  413,  77  Pac.  Rep.  166;   Ex  parte  See    also    case    of    In    re    First    Church    of 

Whitley,  144  Cal.  167,   177,  77  Pac.  Rep.   879.  Christ,  Scientist,   205  Pa.   St.   543,  97  Am,   St. 

AS    TO    CHRISTIAN    SCIENCE    PRACTI-  Rep.   753,  55  Atl.  Rep.  536,  63  L.  R.  A.   411. 
TIONERS    coming   within    the   law   prohibit-  "Christian  Science  and  the  Law." — Article 

ing    the    practice    of    medicine    without    a  in  10  Va.  Law  Reg.  285. 

license,   see    (holding  they  do  not)    Wheeler  "Manslaughter,  Christian  Science,  and  the 

vs.  Sawyer   (Me.  Aug.  7,  1888),  15  Atl.  Rep.  Law." — Article  in  7  American  Lawyer  5. 

MEDICINE— PRACTICE  OP. 

See  tits.  Blindness  in  Infants ;  Optometry ;  Osteopathy, 

MENDOCINO  COUNTY. 

Repeal  of  Special  Road  Laws. 
(Stats.  1873-4,  359,  ch.  CCLXII.) 
See  tits.  Hunting  on  Private  Property;  Lands. 

MENLO  PARK. 

See  tit.  Municipal  Corporations. 

MERCED  CITY. 

See  tit.  Municipal  Corporations. 

MERCED  COUNTY. 

To  authorize  the  board  of  supervisors  of  Merced  County  to  sell  and  convey  the 
court-house  block  and  buildings  thereon,  in  the  town  of  Snelling. 
(Stats.  1873-4,  239,  ch.  CLXXV.) 

§  1.  The  board  of  supervisors  of  Merced  County  are  hereby  authorized  and 
empowered  to  sell  and  convey  the  court-house  block,  and  all  improvements 
thereon,  in  the  town  of  Snelling,  in  said  county,  said  sale  to  be  made  at  such 
time  and  for  such  sum  as  the  supervisors  may  determine  for  the  best  interests 
of  the  county. 

§  2.  The  sale  of  said  property  shall  be  for  cash,  and  the  amount  received 
therefor  shall  be  paid  into  the  general  fund  of  the  county,  and  disbursed  by  the 
treasurer  as  other  general  fund  of  the  county. 

§  3,     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


720  MILITARY    ACADE:MIE:S — MINERAL.     CABIJVET, 

MEXICAN  WAR. 

See  tit.  Associated  Veterans. 

MILITARY. 
See  tits.  Anns;  California  Volunteers;  Military  Academies. 

MILITARY  ACADEMIES  OR  COLLEGES. 

To  furnish  arms  for  the  use  of  military  academies  in  the  state. 
(Stats.  1871-2,  121,  eh.  CXVIII.) 

§  1.  That  when  a  military  academy  has  been  established  within  the  state, 
having  not  less  than  eighty  boys,  uniformed,  drilled,  and  instructed  in  strict 
accordance  with  the  tactics  of  the  regular  United  States  army  service,  and  all 
its  course  of  education  and  economy  conducted  upon  strict  military  principles,  the 
military  instructor  of  such  academy,  when  regularly  elected  by  the  board  of 
trustees  or  other  lawful  authority  of  the  academy,  be  commissioned  in  the 
National  Guard  of  California,  with  the  rank  of  major. 

§  2.  That  upon  giving  bond,  with  good  security,  to  be  approved  by  the  county 
judge  of  the  county  where  the  academy  is  situated,  conditioned  for  the  safe- 
keeping against  fire,  loss,  and  against  all  damages,  in  twice  the  value,  that  arms 
and  accoutrements,  the  property  of  the  state,  be  issued  for  the  use  of  such  mili- 
tary academy, 

§  3.  The  adjutant-general  of  the  state  is  hereby  authorized  to  issue  such  arms 
and  accoutrements  as  may  be  needed  by  the  said  military  academies,  without  a 
monthly  allowance,  in  the  same  manner  as  arms  and  accoutrements  are  issued 
to  regular  organized  companies  of  the  National  Guard  of  California,  upon  requi- 
sition made  for  this  purpose,  approved  by  the  commander-in-chief. 

§  4.     This  act  shall  take  effect  immediately. 

The  practical  value  of  the  foregoing;  act  should  be  considered  In  connection  with 
KERR'S  CYC.  POL.  CODE  §  1942. 

MINERAL  CABINET. 

To  provide  for  the  establishment  of  a  cabinet  department  in  the  state  library. 
(Stats.  1871-2,  824,  ch.  DLXIII.) 

§  1.  It  shall  be  the  duty  of  the  state  librarian  to  receive,  arrange,  and  prop- 
erly display,  and  take  charge  of,  in  the  state  library,  the  minerals,  precious 
metals,  mineralogical,  geological,  and  fossiliferous  specimens,  and  precious  stones 
hereinafter  mentioned  and  referred  to,  or  which  may  hereafter  become  the 
property  of  the  state  by  purchase  or  by  presentation. 

§  2.  The  governor  shall  appoint  three  suitable  and  disinterested  persons,  who 
shall  act  without  compensation,  and  shall  examine  and  appraise  the  cabinet  of 
minerals,  precious  metals  and  stones,  and  various  specimens  composing  the 
cabinet  belonging  to  J.  M.  Frey,  of  the  city  of  Sacramento,  and  upon  their  making 
report  to  the  governor  to  the  effect  that  the  said  cabinet  is  fully  worth  the  sum 
of  thirteen  thousand  dollars,  the  state  shall  become  the  purchaser  and  owner  of 
the  said  cabinet;  provided,  that  if  said  report  shall  not  recommend  the  said 
purchase,  it  shall  not  be  made. 


MINERAL.    CABIIVET— MINERAL    LANDS,    REGULATING    SALE    OF.  721 

§  3.     The  sum  of  thirteen  thousand  dollars  is  hereby  appropriated  out  of  any 
unappropriated  money  in  the  general  fund  to  purchase  the  said  cabinet. 
§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

See  next  foUowing-  statute. 

MINERAL  CABINET. 

To  provide  for  the  removal  of  the  mineral  cabinet  from  the  state  library. 

(Stats.  1887,  74,  ch.  LX.) 

§  1.  Within  thirty  days  after  the  passage  of  this  act  the  governor  shall  ap- 
point a  board  of  trustees,  consisting  of  three  persons,  which  shall  be  known  as 
the  trustees  of  the  mineral  cabinet. 

§  2.  It  shall  be  the  duty  of  said  board  of  trustees,  within  thirty  days  after 
their  appointment,  to  select  a  place  in  the  Crocker  Art  Gallery  building,  where 
the  said  cabinet  shall  be  located,  and  to  remove  the  same  there.  The  location 
shall  be  made  with  a  view  to  the  safety  of  said  cabinet  from  destruction,  and  to 
keeping  the  same  open  for  inspection  by  the  public ;  but  no  expense  to  the  state 
shall  be  incurred  either  for  room  rent  or  care  of  the  same. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

See  last  preceding  sta,tute. 

MINERAL  LANDS. 

To  repeal  an  act  entitled  "An  act  regulating  the  sale  of  mineral  lands  belonging 
to  the  state,"  approved  March  twenty-eighth,  eighteen  hundred  and  seventy- 
four,  and  the  acts  amendatory  thereof,  and  to  provide  for  the  sale  of  mineral 
lands  under  United  States  laws. 

(Stats.  1897,  438,  ch.  CCLXX.) 

§  1.     The  following  entitled  acts  of  the  legislature  are  hereby  repealed,  to  wit: 

First — An  act  entitled  ' '  An  act  regulating  the  sale  of  mineral  lands  belonging 
to  the  state, ' '  approved  March  twenty-eighth,  eighteen  hundred  and  seventy-four. 

Second — An  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  regulating 
the  sale  of  mineral  lands  belonging  to  the  state,'  approved  March  twenty- 
eighth,  eighteen  hundred  and  seventy-four,"  approved  February  third, 
eighteen  hundred  and  seventy-six. 

Third — An  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  regulating 
the  sale  of  mineral  lands  belonging  to  the  state,'  approved  March  twenty- 
eighth,  eighteen  hundred  and  seventy-four,"  approved  April  sixth,  eighteen 
hundred  and  eighty. 

§  2.  When  it  shall  be  shown  by  affidavits  or  otherwise,  to  the  satisfaction  of 
the  surveyor-general,  that  any  portion  of  a  sixteenth  or  thirty-sixth  section  be- 
longing to  the  state  is  valuable  for  its  mineral  deposits,  the  surveyor-general 
shall  not  approve  any  application  to  purchase  the  same,  nor  shall  the  register  of 
the  state  land  office  issue  a  certificate  of  purchase  therefor,  until  the  question  of 
the  character  of  the  land  has  been  referred,  for  determination,  to  a  court  of  com- 
petent jurisdiction,  in  the  manner  provided  by  section  thirty-four  hundred  and 
fourteen  of  the  Political  Code,  and  adjudged  not  to  be  valuable  as  mining  land. 

§  3.  The  sixteenth  and  thirty-sixth  sections  belonging  to  the  state,  in  which 
there  may  be  found  valuable  mineral  deposits,  are  hereby  declared  to  be  free  and 

Gen.   Laws — 46 


722  MINER'S     INCH— MINING,    BELL     SIGNALS. 

open  to  exploration,  occupation,  and  purchase  of  the  United  States,  under  the 
laws,  rules,  and  regulations  passed  and  prescribed  by  the  United  States  for  the 
sale  of  mineral  lands. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

As  to  stats.  1873-4,  see  Widekind  vs.  Craig,  56  Cal.   642,  643.  j 

As  to  Stats.  1897,  see  DwinneU  vs.  Dyer,   145  Cal.  12,  14-26,  78  Pac.  Rep.  247. 
See  tit.  Lands  of  State. 

MINERAL  WATERS. 

See  tits.  Adulteration ;  State  Analyst. 

MINERS— FOREIGN. 

See  tit.  Foreign  Miner's  License. 

MINER'S  INCH. 

Fixing  and  defining  a  miner's  inch  of  water. 
(Stats.  1901,  660,  ch.  CCXXII.) 

§  1.  The  standard  miner's  inch  of  water  shall  be  equivalent  to  one  and  one 
half  cubic  feet  of  water  per  minute,  measured  through  any  aperture  or  orifice. 

§  2.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  3.     This  act  shall  be  in  effect  and  force  sixty  days  from  and  after  its  passage. 

MINING— BELL  SIGNALS. 

To  establish  a  uniform  system  of  mining  bell  signals,  to  be  used  in  all  mines 

operated  in  the  state  of  California,  and  for  the  protection  of  miners. 

(Stats.  1893,  82,  ch.  LXXIV.) 

§  1.  Every  person,  company,  corporation,  or  individual  operating  any  mine 
within  the  state  of  California — gold,  silver,  copper,  lead,  coal,  or  any  oth^r  metal 
or  substance  where  it  is  necessary  to  use  signals  by  means  of  bell  or  otherwise 
for  shafts,  inclines,  drifts,  cross-cuts,  tunnels,  and  underground  workings — 
shall,  after  the  passage  of  this  bill,  adopt,  use,  and  put  in  force  the  following 
system  or  code  of  mine  bell  signals,  as  follows : 

1  bell,  to  hoist.     (See  rule  2.) 

1  bell,  to  stop,  if  in  motion. 

2  bells  to  lower.     (See  rule  2.) 

3  bells,  man  to  be  hoisted ;  run  slow.     (See  rule  2.) 

4  bells,  start  pump,  if  not  running,  or  stop  pump  if  running. 
1 — 3  bells,  start  or  stop  air  compressor. 

5  bells,  send  down  tools.     (See  rule  4.) 

6  bells,  send  down  timbers.     (See  rule  4.) 

7  bells,  accident;  move  bucket  or  cage  by  verbal  orders  only. 
1 — 4  bells,  foreman  wanted. 

2 — 1 — 1  bells,  done  hoisting  until  called. 

2 — 1 — 2  bells,  done  hoisting  for  the  day. 

2 — 2 — 2  bells,  change  buckets  from  ore  to  water,  or  vice  versa. 

3 — 2 — 1  bells,  ready  to  shoot  in  the  shaft.     (See  rule  3.) 


MINING— BELL     SIGNALS— PARTNERSHIP.  723 

Engineer's  signal,  that  he  is  ready  to  hoist,  is  to  raise  the  bucket  or  cage  two 
feet  and  lower  it  again.     (See  rule  3.) 

Levels  shall  be  designated  and  inserted  in  notice  hereinafter  mentioned.  (See 
rule  5.) 

§  2.  For  the  purpose  of  enforcing  and  properly  understanding  the  above  code 
of  signals,  the  following  rules  are  hereby  established: 

E/ule  1.  In  giving  signals  make  strokes  on  bell  at  regular  intervals.  The  bar 
( — )  must  take  the  same  time  as  for  one  stroke  of  the  bell,  and  no  more.  If 
timber,  tools,  the  foreman,  bucket,  or  cage,  are  wanted  to  stop  at  any  level  in  the 
mine,  signal  by  number  of  strokes  on  the  bell  the  number  of  the  level  first 
before  giving  the  signal  for  timber,  tools,  etc.  Time  between  signals  to  be 
double  bars  ( ).    Examples: 

6 5,  would  mean  stop  at  sixth  level  with  tools. 

4 1 — 1 — 1 1,  would  mean  stop  at  fourth  level,  man  on,  hoist. 

2 1 — 4,  would  mean  stop  at  second  level  with  foreman. 

Rule  2.  No  person  must  get  off  or  on  the  bucket  or  cage  while  the  same  is  in 
motion.  When  men  are  to  be  hoisted,  give  the  signal  for  men.  Men  must  then 
get  on  bucket  or  cage,  then  give  the  signal  to  hoist.  Bell  cord  must  be  in  reach 
of  man  on  the  bucket  or  cage  at  stations. 

Rule  3.  After  signal  "Ready  to  shoot  in  shaft,"  engineer  must  give  his 
signal  when  he  is  ready  to  hoist.  Miners  must  then  give  the  signal  of  "Men  to 
be  hoisted,"  then  "spit  fuse,"  get  into  the  bucket,  and  give  the  signal  to  hoist. 

Rule  4.  All  timbers,  tools,  et  cetera,  "longer  than  the  depth  of  the  bucket," 
to  be  hoisted  or  lowered,  must  be  securely  lashed  at  the  upper  end  of  the  cable. 
Miners  must  know  they  will  ride  up  or  down  the  shaft  without  catching  on  rocks 
or  timbers,  and  be  thrown  out. 

Rule  5.  The  foreman  will  see  that  one  printed  sheet  of  these  signals  and 
rules  for  each  level  and  one  for  the  engine-room  are  attached  to  a  board  not 
less  than  twelve  inches  wide  by  thirty-six  inches  long,  and  securely  fasten  the 
board  up  where  signals  can  be  easily  read  at  the  places  above  stated. 

Rule  6.  The  above  signals  and  rules  must  be  obeyed.  Any  violation  will  be 
sufficient  grounds  for  discharging  the  pai'ty  or  parties  so  doing.  No  person, 
company,  corporation,  or  individuals  operating  any  mine  within  the  state  of 
California  shall  be  responsible  for  accidents  that  may  happen  to  men  disobeying 
the  above  rules  and  signals.  Said  notice  and  rules  shall  be  signed  by  the  person 
or  superintendent  having  charge  of  the  mine,  who  shall  designate  the  name  of 
the  corporation  or  the  owner  of  the  mine. 

§  3.  Any  person  or  company  failing  to  carry  out  any  of  the  provisions  of 
this  act  shall  be  responsible  for  all  damages  arising  to  or  incurred  by  any  person 
working  in  said  mine  during  the  time  of  such  failure. 

§  4.     This  act  shall  take  effect  immediately. 

See  tit.  Mining — Protection  of  Workmen,     post. 

MINING— PARTNERSHIPS. 

(Stats.  1865-6,  828,  eh.  DC.) 

Thia  would  appear  to  be  one  of  the  statutes  clearly  superseded  by  th«  codes. — Se« 
KERR'S  CYC.  CIV.  CODE  §§  2428,  2511-2520,  and  decisions  there  noted. 


724  MINING — PROTECTION     OF     WORK3IEN — RIGHTS     OF     WAY. 

MINING— PROTECTION  OF  WORKMEN. 

For  the  protectioii  of  miners. 
(Stats.  1871-2,  413,  ch.  CCCV.) 

§  1.  It  shall  not  he  lawful  for  any  corporation,  association,  owner,  or  o^vners 
of  any  quartz-mining  claims  within  the  state  of  California,  where  such  corpor- 
ation, association,  owner,  or  owners  employ  twelve  men  daily,  to  sink  down 
into  such  mine  or  mines  any  perpendicular  shaft  or  incline  beyond  a  depth 
from  the  surface  of  three  hundred  feet  without  providing  a  second  mode  of 
egress  from  such  mine,  by  shaft  or  tunnel,  to  connect  with  the  main  shaft  at  a 
depth  of  not  less  than  one  hundred  feet  from  the  surface. 

§  2.  It  shall  be  the  duty  of  each  corporation,  association,  owner,  or  owners 
of  any  quartz  mine  or  mines  in  this  state,  where  it  becomes  necessary  to  work 
such  mines  beyond  the  depth  of  three  hundred  feet,  and  where  the  number  of 
men  employed  therein  daily  shall  be  twelve  or  more,  to  proceed  to  sink  another 
shaft  or  construct  a  tunnel  so  as  to  connect  with  the  main  working  shaft  of 
such  mine  as  a  mode  of  escape  from  underground  accident,  or  otherwise.  And 
all  corporations,  associations,  owner,  or  owners  of  mines,  as  aforesaid,  work- 
ing at  a  greater  depth  than  three  hundred  feet,  not  having  any  other  mode  of 
egress  than  from  the  main  shaft,  shall  proceed  as  herein  provided. 

§  3.  When  any  corporation,  association,  owner,  or  owners  of  any  quartz 
mine  in  this  state  shall  fail  to  provide  for  the  proper  egress  as  herein  contem- 
plated, and  where  any  accident  shall  occur,  or  any  miner  working  therein  shall 
be  hurt  or  injured,  and  from  such  injury  might  have  escaped  if  the  second 
mode  of  egress  had  existed,  such  corporation,  association,  owner  or  owners  of 
the  mine  where  the  injuries  shall  have  occurred  shall  be  liable  to  the  person 
injured  in  all  damages  that  may  accrue  by  reason  thereof;  and  an  action  at  law 
in  a  court  of  competent  jurisdiction  may  be  maintained  against  the  owner  or 
owners  of  such  mine,  which  owners  shall  be  jointly  or  severally  liable  for  such 
damages.  And  where  death  shall  ensue  from  injuries  received  from  any  neg- 
ligence on  the  part  of  the  owners  thereof,  by  reason  of  their  failure  to  comply 
with  any  of  the  provisions  of  this  act,  the  heirs  or  relatives  surviving  the  de- 
ceased may  commence  an  action  for  the  recovery  of  such  damages  as  provided 
by  an  act  entitled  an  act  requiring  compensation  for  causing  death  by  wrong- 
ful act,  neglect,  or  default,  approved  April  twenty-sixth,  eighteen  hundred  and 
sixty-two. 

§  4.  This  act  shall  take  effect  and  be  in  force  six  months  from  and  after 
its  passage. 

MINING— RIGHTS    OF    WAY,    ETC. 

Relating  to  the  working,  rights  of  way,  easement,  and  drainage  of  mines  in 

the  state  of  California. 
(Stats.  1891,  219,  ch.  CLV.) 

§  1.  Whenever  any  mine  owner,  company,  or  corporation  shall  have  per- 
formed the  labor  and  made  the  improvements  required  by  law  for  the  location 
and  ownership  of  mining  claims  or  lodes,  such  owner,  company,  or  corporation 
shall  file  or  cause  to  be  filed,  within  thirty  days  after  the  time  limited  for  per- 
forming such  labor  or  making  such  improvements,  with  the  county  recorder  of 


MINING — RIGHTS     OF     WAY — STOCKHOLDERS.  725 

deeds  of  the  county  in  which  the  mine  or  claim  is  situated,  [an  affidavit]  par- 
ticularly describing  the  labor  performed  and  improvements  made,  and  the  value 
thereof,  which  affidavit  shall  be  prima  facie  evidence  of  the  facts  therein 
stated.  Upon  the  failure  of  any  claimant  or  mine  owner  to  comply  with  the 
conditions  of  this  act  in  the  performance  of  labor,  or  making  of  improvements 
upon  any  claim,  mine,  or  mining  ground,  the  claim  or  mine  upon  which  such 
failure  occurred  shall  be  opened  to  relocation  in  the  same  manner  as  if  no  lo- 
cation of  the  same  had  ever  been  made.  But  if,  previous  to  relocation,  the 
original  locators,  their  heirs,  assigns,  or  legal  representatives,  resume 
work  upon  such  claim,  and  continue  the  same  with  reasonable  diligence 
until  the  required  amount  of  labor  has  been  performed  or  improvements  made, 
and  the  required  statement  of  accounts  and  affidavits  filed  with  the  county 
recorder,  then  the  claim  shall  not  be  subject  to  relocation  because  of  previous 
failure  to  file  accounts.  Upon  the  failure  of  any  one  of  the  several  co-owners 
to  contribute  his  portion  of  the  expenditures  required  hereby,  the  co-owners 
who  have  performed  the  labor  or  made  the  improvement  may,  at  the  expiration 
of  the  year,  give  such  delinquent  co-owner  personal  notice,  in  writing,  or  by 
publication  in  the  newspaper  published  nearest  the  claim  for  at  least  once  a 
week  for  ninety  days ;  and  if,  at  the  expiration  of  ninety  days  after  such  notice 
in  writing  or  publication,  such  delinquent  shall  fail  or  refuse  to  contribute  his 
portion  of  the  expenditures  required  by  this  section,  his  interest  in  the  claim 
shall  become  the  property  of  his  co-owners  who  made  the  required  expendi- 
tures. A  copy  of  such  notice,  together  with  an  affidavit  showing  personal 
service  or  publication,  as  the  case  may  be,  of  such  notice,  when  filed  or  recorded 
with  the  recorder  of  deeds  of  the  county  in  which  such  mining  claim  is  situated, 
shall  be  evidence  of  the  acquisition  of  title  of  such  co-owners.  "Where  a 
person  or  company  has  or  may  run  a  tunnel  or  cuts  for  the  purpose  and  in 
good  faith  for  the  purpose  of  developing  a  lode,  lodes,  or  claims  owned  by 
said  person  or  company  or  corporation,  the  money  so  expended  in  running 
said  tunnel  shall  be  taken  and  considered  as  expended  on  said  lodes  or  claims ; 
provided  further,  that  said  lode,  claim,  or  claims  shall  be  distinctly  marked  on 
the  surface  as  provided  by  law. 

§  2.  All  mining  locations  and  mining  claims  shall  be  subject  to  a  reservation 
of  the  right  of  way  through  or  over  any  mining  claims,  ditches,  roads,  canals, 
cuts,  tunnels,  and  other  easements  for  the  purpose  of  working  other  mines; 
provided,  that  any  damage  occasioned  thereby  shall  be  assessed  and  paid  for 
in  the  manner  provided  by  law  for  land  taken  for  public  use  under  the  right 
of  eminent  domain. 

§  3.     This  act  shall  take  effect  immediately. 

Harris  vs.  Kellogg,   117   Cal.   484,  490,   49    Pac.  Rep.  708. 

MINING— STOCKHOLDERS. 

To  repeal  an  act  entitled  *'An  act  for  the  further  protection  of  stockholders 
in  mining  companies,"  approved  April  twenty-third,  eighteen  hundred  and 
eighty,  and  the  act  amendatory  thereof,  approved  March  ninth,  eighteen 
hundred  and  ninety-seven,  relating  to  the  protection  of  stockholders  in 
mining  companies. 

(Stats.  1905,  74,  ch.  LXXVH.) 


726  MINING — STOCKHOLDERS — ABANDONED     CLAIMS. 

§  1.  An  act  entitled  "An  act  for  the  further  protection  of  stockholders  in 
mining  companies,"  approved  April  twenty-third,  eighteen  hundred  and 
eighty,  and  an  act  entitled  "An  act  to  amend  section  one  of  an  act  entitled 
*An  act  for  the  further  protection  of  stockholders  in  mining  companies,' 
approved  April  twenty-third,  eighteen  hundred  and  eighty,"  approved  March 
ninth,  eighteen  hundred  and  ninety-seven,  are  hereby  repealed. 

§  2.     This  act  shall  take  effect  immediately. 

There    mig-ht    appear    some    obscurity    in  Cal.  88,  89,  43  Pac.  Rep.  399;  Miles  vs.  Wood- 

the  above   repeal   from   omission   to   mention  ward,    115    Cal.    308,    310,    46    Pac.    Rep.    1076; 

Stats.   1873-4,   of  vi^hich  Stats.   1880,   134,  and  Ball   vs.    Tolman,    119    Cal.    358,    359,    51    Pac. 

Stats.  1897,  38,  are  amendatory;    but  examina-  Rep.  546;  Joiinson  vs.  California  Lustral  Co., 

tion   will   disclose    that   the   statute   of   1880,  127   Cal.    283,    284,    59    Pac.   Rep.    595;   Krause 

134,    so    amended    the    original    statute,    by  vs.   Durbrow,  127  Cal.   681,  685,   60  Pac.  Rep. 

each    section,    as    to    entirely    supersede    it.  438;    Johnson    vs.    Tautphaus,    127    Cal.    605, 

Treating-    the    entire    subject    as    being-    now  606,    60    Pac.    Rep.    172;    Curtin    vs.    Salmon 

embodied  in  §§588-590  of  the  Civil  Code  by  River  etc.   Co.,  130  Cal.   345,   351,   80  Am.    St. 

the    statute    of    1905,    584,    the    decisions    are  Rep.  132,  62  Pac.  Rep.  552;  Ball  vs.  Tolman, 

noted  as  follows:  135    Cal.    375,    377,    87    Am.    St.    Rep.    110,    67 

Stats.    1873-4,    866;    1880,    134;    1897,    38. —  Pac.    Rep.    339. 

Hewlett   vs.    Epstein,    63   Cal.    184;    Loveland  Stats.    1880,   131. — Alvord    vs.    Spring   Val- 

vs.   Garner,   71  Cal.   541,  12  Pac.  Rep.   616,  74  ley  G.  Co.,  106  Cal.  547,  551,  40  Pac.  Rep.  27; 

Cal.   298,  15  Pac.  Rep.  844;  Beal  vs.  Osborne,  Granite     G.     Min.     Co.     vs.     Maginness,     118 

72    Cal.    305,    13    Pac.    Rep.    871;    Schenck   vs.  Cal.    131,    137,    50    Pac.    Rep.    269;    Curtin    vs. 

Bandmann,    81    Cal.    231,    22    Pac.    Rep.    654;  Salmon  River  etc.   Co.,   141   Cal.   308,    310,   99 

Chapman  vs.  Doray,  89  Cal.  52,  26  Pac.  Rep.  Am.  St.  Rep.  75,  74  Pac.  Rep.  851;  Galbraith 

605;    Francais    vs.    Somps,    92    Cal.    503,    504,  vs.   Shasta  Iron  Co..  143   Cal.   94,   99,   76   Pac. 

28  Pac.   Rep.    592;   Byre  vs.   Harmon,   92   Cal.  Rep.    901;   Lacy  vs.   Gunn,   144   Cal.    511,   514, 

580,  28  Pac.  Rep.  779;  Shanklln  vs.  Gray,  111  78  Pac.  Rep.   30. 

MINING  CLAIMS— ABANDONED. 

To  provide  for  the  covering  or  fencing  of  abandoned  mining  shafts,  pits  or  ex- 
cavations, the  penalty,  and  also  the  penalty  for  removing  or  destroying 
the  covering  or  fencing  from  same. 

(Stats.  1903,  283,  ch.  CCXXXII.) 

§  1.  All  abandoned  mining  shafts,  pits  or  other  abandoned  excavations 
dangerous  to  passers-by  or  live-stock  shall  be  securely  covered  or  fenced,  and 
kept  so,  by  the  owners  of  the  land  or  persons  in  charge  of  the  same,  on  which 
such  shafts,  pits  or  other  excavations  are  located.  Any  person  or  persons 
failing  to  comply  with  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor. 

§  2.  All  abandoned  mining  shafts,  pits  or  other  excavations  situated  on  un- 
occupied public  lands  may  be  securely  covered  or  fenced  by  order  of  the  board 
of  supervisors  of  the  county  wherein  the  same  is  [are]  situated,  and  it  shall  be 
the  duty  of  the  board  of  supervisors  to  keep  the  same  securely  fenced  or 
covered  whenever  it  appears  to  them,  by  proof  submitted,  that  the  same  is  [are] 
dangerous  or  unsafe  to  man  or  beast.  The  cost  of  said  covering  or  fencing  to 
be  a  county  charge. 

§  3.  Any  person  or  persons  maliciously  removing  or  destroying  any  cov- 
ering or  fencing  placed  around  or  over  any  shaft,  pit  or  other  excavation,  as 
hereinbefore  provided,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  4.     This  act  shall  take  effect  six  months  from  the  day  of  passage. 


MINING,    RECORDING    CLAIMS— MISSING    PERSONS.  727 

MINING  CLAIMS— RECORDING. 

As   to   the   statute   of   1897,   214.   ch.    CLIX,  St.  John.   129   Cal.   430,  435,   62   Pac.   Rep.   79; 

prescribing   the   manner   of   locating  claims.  Conway  vs.  Hart,  129  CbjI.   480.  62   Pao.   Rep. 

see   Stats.   1897,   97.   ch.   XCIV;   1899.   148.   ch.  44;    McCann    vs.    McMillan.    129    Cal.    350.    62 

CXIII;     1900      (extra     session),     9,     ch.     VI;  Pac.  Rep.  31;  Eaton  vs.  Norris,  131  Cal.  561, 

KERR'S      CYC.     CIV.      CODE      §1159.        See  563,  63  Pac.  Rep.  856 ;  Dwinnell  vs.  Dyer,  145 

County    Kern    vs.    Lee.    129    Cal.    361-363.    61  Cal.  12,  17-26,  78  Pac.  Rep.  247. 
Pac.     Rep.     1124.      See    also    Talmadge    vs. 

MINING— GENERAL  SUBJECT. 

See  tits.  Coal  Mines;  Debris   Commissioner;  Larceny  from  Mines;   Mining 
Claims;  Mineral  Lands;  State  Hospital  for  Miners;  State  Mining  Bureau. 

MINERALOGIST. 

See  tit.  State  Mining  Bureau. 

MINORS— VISITING  SALOONS. 

See  tits.  Children;  Intoxicating  Liquors. 

MISSING  PERSONS. 

Authorizing  the  appointment  of  trustees  for  the  estates  of  missing  persons, 
and  defining  the  duties  of  such  trustees. 

(Stats.  1893,  218,  ch.  CLXXXIV.) 

§  1.  That  whenever  any  resident  of  this  state  has  been  or  may  hereafter  be 
missing,  or  his  whereabouts  unknown,  for  the  period  of  ninety  days,  and  any 
such  person  owns,  is  seized,  or  entitled  to  the  seizin  or  the  possession  of  any 
real  or  personal  property  in  this  state,  and  it  is  represented  to  the  superior 
court,  or  a  judge  thereof,  of  any  county  in  which  such  person  owns  any 
property,  upon  verified  petition  of  the  wife  or  of  any  relative  or  friend  of 
such  person,  that  his  whereabouts  has  been  unknown  for  such  period  of 
time  and  is  still  unknown,  and  that  his  estate  requires  the  attention,  super- 
vision, and  care  of  ownership,  it  shall  be  the  duty  of  such  court  to  appoint  some 
suitable  person  or  persons  to  take  charge  and  possession  of  such  estate  as  trus- 
tee, and  to  manage  and  control  the  same  under  the  direction  of  said  court. 

§  2.  That  in  appointing  such  trustee  the  court  shall  preferably  appoint  the 
wife  of  such  missing  person  (if  any  such  there  be),  or  her  nominee,  and 
in  the  absence  of  a  wife,  some  person  who  would  be  entitled  to  participate  in 
the  distribution  of  such  missing  person's  estate  were  he  dead.  And  the  court 
shall  have  power  to  direct  such  trustee  to  pay  to  the  person  or  persons  consti- 
tuting the  family  of  such  missing  person  such  sum  or  sums  of  money,  for  family 
expenses  and  support,  from  the  income  of  such  estate,  as  it  may  from  time  to 
time  determine. 

§  3.  That  the  bond  of  the  trustee  so  appointed  shall  be  in  double  the  amount 
of  the  estimated  annual  income  of  such  estate ;  provided,  that  where  such  miss- 
ing person  has  a  wife  living  and  no  children,  and  the  estate  of  such  missing  per- 
son is  shown  to  be  solvent,  and  the  wife  applies  to  be  appointed  trustee,  the 
court  shall  require  no  bond  of  her. 

§  4.  It  shall  be  the  duty  of  such  trustee  or  trustees  to  take  possession  of  all 
the  real  and  personal  estate  in  this  state  of  such  missing  person,  and  to  collect 


72S  MISSING    PERSONS — MISSIONS — MOCKING-BIRDS. 

and  receive  the  rents,  income  and  profits  thereof;  to  collect  all  indebtedness 
owing  to  such  missing  person,  and  pay  the  costs  and  expenses  thereof  out  of  the 
trust  fund,  and  to  pay  such  indebtedness  of  such  missing  person  as  he  may  be 
authorized  to  do  by  the  court  making  the  appointment  of  the  trustee;  and  he 
shall  from  time  to  time,  as  he  may  be  directed,  account  to  and  with  said  court 
for  all  of  his  or  their  acts  and  doings  as  trustee,  and  the  court  making  such 
appointment  may  at  any  time,  upon  the  application  of  any  party  interested, 
and  upon  good  cause  shown  therefor,  remove  any  trustee  which  it  may  so  ap- 
point, and  appoint  some  other  person  or  persons  trustee  or  trustees  in  his  or 
their  place  or  stead. 

§  5.  Upon  presentation  of  the  verified  petition  mentioned  in  section  one, 
the  court  or  judge  shall  order  the  same  to  be  filed  with  the  clerk  of  the  court, 
and  shall  appoint  a  time  for  the  hearing  of  said  petition,  not  less  than  ten  days 
from  the  date  of  said  order;  and  the  clerk  shall  publish  notice  in  some 
newspaper  published  in  said  county,  stating  that  such  petition  will  be  heard 
at  the  time  so  appointed,  in  the  court-room  of  said  court.  Said  notice  shall  be 
published  for  five  days,  and  such  other  notice  of  said  application  shall  be 
given  in  such  manner  and  to  such  persons  as  the  court  or  judge  may  direct. 
All  orders,  judgments,  and  decrees  made  in  proceedings  under  this  statute  may 
be  entered  and  recorded  as  and  with  the  like  effect  as  other  orders,  judgments, 
and  decrees  in  superior  courts.  From  and  after  the  presentation  of  said  peti- 
tion, and  until  decision  rendered  thereon,  the  wife  of  such  missing  person 
shall  have  all  the  powers  of  a  trustee  duly  appointed  and  qualified  under  this 
act,  and  shall  act  as  such  trustee,  subject  to  the  direction  of  the  court. 

§  6.     This  act  shall  be  in  force  from  and  after  its  passage. 

MISSIONS— OLD. 

See  tit.  Historic  Property. 

MOCKING-BIRDS. 

To  prevent  the  capture  and  destruction  of  mocking  birds  in  this  state. 
(Stats.  1871-2,  102,  eh.  CIX.) 

§  1.  Any  person  or  persons  who  shall  wilfully  and  knowingly  shoot,  wound, 
trap,  snare,  or  in  any  other  manner  catch  or  capture  any  mocking-bird  in  the 
state  of  California,  or  shall  knowingly  take,  injure,  or  destroy  the  nest  of  any 
mocking-bird,  or  shall  take,  injure,  or  destroy  any  mocking-bird's  eggs,  in  the 
nest  or  otherwise,  in  said  state,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  before  any  justice  of  the  peace  of  the  township  in 
which  the  ofi;ense  shall  have  been  committed,  shall  be  fined  in  a  sum  not  less 
than  five  dollars  nor  exceeding  ten  dollars,  and  cost  of  the  action  for  each  of- 
fense, or  may  be  imprisoned  not  less  than  five  days  nor  more  than  ten  days, 
or  by  both  such  fine  and  imprisonment,  as  the  judgment  of  the  court  may 
direct. 

§  2.  All  fines  collected  under  the  provisions  of  this  act  shall  be  paid  into 
the  county  treasury  for  the  benefit  of  the  common  school  fund. 

Birds  and  birds'  nests  In  cemeteries. — See  KERR'S  CYC.  PEN.  CODE  5  598  and  note. 


HODOC  COUNTY — CREATION  AND  ORGANIZATION.  72« 

MODESTO. 

See  tits.  Municipal  Corporations;  Water  Supply;  also  Stats.  1875-6,  41. 

MODESTO  IRRIGATION  DISTRICT. 

Is  believed  to  be  now  reorganized  under  Wright  Act.     88,  Cal.  334. 

MODOC  COUNTY. 

To  create  the  county  of  Modoc,  to  establish  the  boundaries  thereof,  and  to 

provide  for  its  organization. 

(Stats.  1873-4,  124,  ch.  CVII;  supplemented  1873-4,  517,  ch.  CCCLV.) 

§  1.  There  shall  be  formed  out  of  the  eastern  part  of  Siskiyou  County,  a 
new  county,  to  be  called  Modoc. 

§  2.  The  boundaries  of  Modoc  County  shall  be  as  follows :  Commencing  at 
the  northeast  corner  of  the  state  of  California ;  thence  west,  along  the  northern 
boundary  line  of  said  state,  to  the  range  line  between  ranges  numbers  four  (4) 
and  five  (5)  east,  of  Mount  Diablo  base  and  meridian;  thence  due  south,  on  said 
range  line,  to  the  southern  boundary  line  of  Siskiyou  County;  thence  east 
along  said  southern  boundary  line,  to  the  state  line;  and  thence  north  to  the 
place  of  beginning. 

§  3.  The  seat  of  justice  shall  be  at  the  town  of  Dorrisbridge,  until  otherwise 
provided  by  law. 

§  4.  The  governor  of  this  state  shall,  when  this  act  takes  effect,  appoint 
some  suitable  person,  resident  of  Modoc  County,  to  act  as  county  judge,  who 
shall  reside  at  the  county  seat,  and  whose  term  of  office  shall  continue  until 
the  first  day  of  January,  A.  D.  eighteen  hundred  and  seventy-six,  and  until  his 
successor  is  elected  and  qualified.  The  county  judge  shall  receive  a  salary 
of  one  thousand  dollars  per  annum,  to  be  paid  quarterly,  and  shall  hold  the 
courts  required  by  law  to  be  held  by  county  judges.  There  shall  be  three 
regular  terms  of  the  county  court  held  in  each  j^ear,  said  terms  to  commence 
on  the  first  Monday  in  February,  June,  and  October;  provided,  however,  the 
county  judge  shall  call  and  hold  special  terms  of  the  probate  court  whenever 
public  necessity  may  require.  Said  county  judge  shall  discharge  all  the 
duties  required  by  law  of  county  judges  in  this  state. 

§  5.  An  election  shall  be  held  in  said  Modoc  County  within  sixty  days 
from  the  time  of  the  first  meeting  of  the  commissioners  in  this  act  provided 
for.  At  said  election  there  shall  be  chosen  by  the  qualified  voters  of  said 
county  one  district  attorney ;  one  county  clerk,  who  shall  be  ex  officio  auditor, 
recorder,  and  clerk  of  the  board  of  supervisors,  board  of  equalization,  and  board 
of  canvassers;  one  county  superintendent  of  public  schools,  one  sheriff,  who 
shall  be  ex  officio  county  tax  collector,  one  county  assessor,  one  county  treas- 
urer, one  county  surveyor,  one  county  coroner,  who  shall  be  ex  officio  public 
administrator.  Said  county  officers  shall  hold  their  respective  offices  until 
the  first  Monday  of  March,  A.  D.  eighteen  hundred  and  seventy-six,  and  until 
their  successors  are  elected  and  qualified.  At  said  election  there  shall  be  chosen 
one  supervisor  for  each  supervisor  district  in  said  county,  who  shall  hold  their 
offices  as  follows:    District  number  one,  until  the  first  Monday  of  November, 


730  MODOC      COUSiTY — CREATION     AND      ORGANIZATIOBf. 

A.  D.  eighteen  hundred  and  seventy-four;  district  number  two,  until  the  first 
Monday  of  November,  A.  D.  eighteen  hundred  and  seventy-five;  and  district 
number  three,  until  the  first  Monday  of  November,  A.  D.  eighteen  hundred  and 
seventy-six.  At  said  election  there  shall  be  chosen  two  constables  and  two 
justices  of  the  peace  for  each  township ;  provided,  however,  that  all  constables 
and  justices  and  road  overseers  elected  at  the  general  and  judicial  elections 
held  in  the  year  A.  D.  eighteen  hundred  and  seventy-three,  residents  of  Modoc 
County,  shall  hold  their  offices  for  the  time  provided  by  law,  upon  having  duly 
qualified  as  township  officers  of  Modoc  County  for  the  respective  townships 
in  which  they  reside,  as  said  townships  are  organized  by  the  action  of  the  board 
of  commissioners,  provided  for  by  this  act.  At  said  election  the  qualified 
electors  of  said  county  shall  vote  for  a  place  for  county  seat,  and  a  majority 
of  all  the  votes  cast  shall  be  necessary  to  locate  the  same ;  and  until  the  county 
seat  is  located,  by  a  vote  of  the  qualified  electors,  the  board  of  supervisors  of 
said  Modoc  County  are  hereby  prohibited  from  incurring  any  indebtedness 
for  the  erection  of  county  buildings  in  said  county.  For  the  purposes  of 
this  election  the  county  clerk  of  Siskiyou  County  shall  furnish  each  election 
precinct  established  by  the  board  of  commissioners  of  Modoc  county  with  two 
(2)  copies  of  the  great  register  of  Siskiyou  County,  printed  for  the  general 
election  held  in  said  county  in  the  year  eighteen  hundred  and  seventy-three; 
and,  if  necessary,  said  county  clerk  is  hereby  authorized  to  take  said  copies 
from  the  election  returns  now  on  file  in  his  office. 

§  6.  The  governor  shall,  when  this  act  takes  effect,  appoint  five  persons, 
residents  of  Modoc  County,  who  shall  be  and  constitute  a  board  of  commis- 
sioners, to  perfect  the  organization  of  said  county,  a  majority  of  whom  shall 
constitute  a  quorum.  Said  commissioners  shall  meet  at  the  county  seat,  within 
twenty  days  after  their  appointment,  and,  after  being  duly  sworn  to  faithfully 
discharge  their  duties,  as  prescribed  by  this  act,  shall  organize,  by  electing 
from  their  number  a  president  and  clerk.  They  shall  then  divide  said  county 
into  townships,  define  their  boundaries,  and  designate  the  name  of  each.  They 
shall  also  divide  said  county  by  townships  into  three  supervisor  districts,  and 
number  the  same.  They  shall  also  establish  election  precincts,  and  appoint  one 
inspector  and  two  judges  of  election  for  each  precinct  in  said  county.  They 
shall  give  thirty  days'  notice,  by  proclamation  in  some  newspaper  published  in 
Modoc  County,  or  if  there  be  no  newspaper  published  in  Modoc  Cunty,  then 
said  publication  to  be  made  in  some  newspaper  published  in  the  county  of  Siski- 
you, of  the  officers  to  be  elected,  the  precincts  established,  with  their  names  and 
boundaries,  the  officers  of  election  of  each  precinct,  and  the  number  and  bound- 
aries of  each  supervisor  district.  Said  commissioners  shall,  on  the  second  Mon- 
day after  said  election,  meet  at  the  county  seat  as  a  board  of  canvassers,  and 
proceed  to  canvass  the  election  returns.  Said  commissioners,  their  president, 
and  clerk,  are  hereby  authorized  and  required  to  discharge  the  same  duties 
as  are  now  required  by  law  of  boards  of  supervisors  and  county  clerks  in  the 
counties  in  this  state,  so  far  as  the  same  apply  to  holding  elections,  canvassing 
election  returns,  and  issuing  certificates  of  election.  They  shall  keep  a  full 
record  of  all  their  proceedings,  and  file  the  same,  with  the  original  election 
returns,  in  the  county  clerk's  office,  as  soon  as  he  shall  have  been  qualified, 
and  thereupon  the  power  and  duties  of  said  commissioners  shall  cease. 


MODOC      COUXTY — CREATION     AND      ORGANIZATION.  731 

§  7.  It  shall  be  the  duty  of  the  board  of  supervisors  of  Modoc  County, 
whose  election  is  provided  for  by  this  act,  to  meet  at  the  county  seat  on  the 
first  Monday  of  the  month  subsequent  to  their  election,  take  the  oath  of  office, 
and  file  the  official  bond  required  by  the  Political  Code.  The  member  of  dis- 
trict number  one  shall  be  president  of  the  board.  They  shall  then  allow  such 
per  diem  and  mileage  to  the  commissioners  and  officers  of  election  as  they 
may  think  proper  and  just,  and  a  warrant  shall  be  drawn  by  the  auditor  on 
the  county  general  fund  in  favor  of  each  person  to  whom  an  allowance  shall 
have  been  made,  for  the  amount  of  such  allowance.  Said  board  shall  appoint 
two  citizens,  and  freeholders  of  Modoc  County,  to  act  as  joint  commissioners 
with  an  equal  number  to  be  appointed  by  the  board  of  supervisors  of  Siskiyou 
County,  to  ascertain  and  declare  the  amount  of  the  indebtedness  of  Modoc 
County  to  Siskiyou  County.  Immediately  on  their  appointment,  such  com- 
missioners shall  notify  the  board  of  supervisors  of  Siskiyou  County  of  that  fact. 
Upon  the  receipt  of  such  information  said  board  shall  proceed,  without  un- 
necessary delay,  to  appoint  a  like  number  of  commissioners,  citizens  and  free- 
holders of  Siskiyou  County,  who  shall,  at  the  time  and  place  to  be  agreed 
upon,  meet  with  the  commissioners  of  Modoc  County.  The  commissioners  of 
the  respective  counties,  after  having  severally  taken  an  oath  to  discharge 
honestly  and  to  the  best  of  their  ability  their  duties  as  commissioners,  shall 
organize  as  a  joint  commission,  by  the  selection  of  one  of  their  number  as 
president,  and  one  as  secretary.  As  soon  as  organized  the  joint  commission 
shall  proceed,  in  the  following  manner,  to  determine  the  amount  of  the  in- 
debtedness of  Modoc  County  to  Siskiyou  County,  to  wit:  they  shall  ascertain 
the  indebtedness  of  Siskiyou  County  at  the  time  this  act  takes  effect;  they 
shall  then  ascertain  the  total  value  of  the  assets  belonging  to  said  county; 
they  shall  then  ascertain  the  assessed  value,  under  the  assessments  of  eighteen 
hundred  and  seventy-three,  of  the  property  in  the  territory  hereby  set  apart  to 
form  Modoc  County;  then,  after  deducting  the  assets  from  the  indebtedness, 
so  as  to  ascertain  the  actual  indebtedness,  the  proportion  due  from  Modoc 
County  to  Siskiyou  County  shall  be  ascertained  as  follows :  as  the  total  assessed 
value  of  property  in  the  territory  taken  from  Siskiyou  County  to  form  Modoc 
County  is  to  the  total  assessed  value  of  Siskiyou  County  before  the  formation 
of  Modoc  County,  so  shall  be  the  proportion  of  the  actual  indebtedness  of 
Modoc  County  to  Siskiyou  County,  and  said  commissioners  shall  certify  to 
their  respective  boards  of  supervisors  such  amount.  The  board  of  supervisors 
of  Modoc  County  shall  then  issue  the  bonds  of  said  county,  payable  in  ten  years 
from  the  organization  of  said  county,  and  bearing  interest  at  the  rate  of  ten 
per  centum  per  annum,  payable  annually,  principal  and  interest  of  said  bonds 
to  be  paid  in  United  States  gold  coin  to  said  Siskiyou  County,  for  such  sum  as 
the  commissioners  certify  to  be  due,  said  bonds  to  be  of  the  denomination  of 
five  hundred  dollars.  Said  board  of  supervisors  shall  procure  and  provide 
a  suitable  place  or  places,  to  be  used  as  a  court-house  and  jail  until  the  location 
of  the  county  seat  is  determined  and  a  suitable  building  erected.  They  shall, 
when  they  levy  state  and  county  taxes,  levy  a  tax  of  twenty  cents  upon  each 
one  hundred  dollars  of  taxable  property  in  said  county,  which  shall  be  col- 
lected as  other  state  and  county  taxes  are  collected,  and  shall  be  set  apart  as 
an  interest  and  sinking  fund  to  liquidate  the  debt  due  from  Modoc  County  to 


732  MODOC     COUNTY— CREATION     AND     ORGANIZATION. 

the  county  of  Siskiyou.  Said  interest  and  sinking  fund  shall  be  appropriated, 
first,  to  pay  the  interest  due  on  the  bonds,  according  to  the  tenor  thereof,  given 
by  Modoc  County  to  Siskiyou  County ;  and,  second,  whenever  there  shall  be  a 
sufficient  sum  remaining  after  paying  interest  as  aforesaid,  to  pay  off  one 
of  said  bonds,  the  treasurer  of  Modoc  County  shall  present  the  same  to  the 
treasurer  of  Siskiyou  Count}-,  at  Yreka,  who,  upon  receipt  thereof,  shall  sur- 
render one  of  said  bonds,  which  shall  be  canceled  by  the  treasurer  of  Modoc 
County,  and  filed  in  the  clerk's  office.  Said  board  of  supervisors  shall  exer- 
cise such  other  powers  and  duties  as  are  conferred  by  the  general  laws  on 
boards  of  supervisors  in  the  counties  of  this  state. 

§  8.  All  civil  actions,  or  proceedings  in  the  nature  of  actions,  whether  orig- 
inal or  upon  appeal,  civil  or  criminal,  which  shall  be  pending  in  the  district 
court,  county  court,  or  probate  court,  in  the  county  of  Siskiyou,  at  the  time 
of  the  organization  of  Modoc  County,  in  which  the  defendants  are  residents  of 
Modoc  County,  shall  be  removed  for  trial  and  final  determination  to  the  proper 
courts  of  Modoc  County,  on  motion  of  any  party  interested ;  provided,  that  ac- 
tions commenced  for  the  collection  of  taxes  and  licenses,  shall  not  be  removed 
from  the  courts  of  Siskiyou  County;  provided,  further,  that  in  all  criminal 
cases,  w^here  the  offenses  were  committed  in  the  limits  of  Modoc  County,  upon 
the  application  of  the  district  attorney  of  Modoc  County,  said  cases  shall  be 
removed  to  Modoc  County. 

§  9.  All  residents  or  property  holders  of  Modoc  County,  upon  application 
to  the  county  recorder  of  Siskiyou  County,  and  upon  the  payment  of  the  fees 
required  by  law,  shall  be  entitled  to  receive  a  transcript  of  the  record,  duly 
attested,  of  any  property  situated  in  the  county  of  Modoc  and  recorded  in  his 
office ;  and  upon  presentation  of  said  transcript  to  the  county  recorder  of  Modoc 
County,  and  upon  the  payment  of  the  fees  required  by  law,  said  recorder  shall 
record  the  same,  and  said  record  shall  have  the  full  force  and  effect  of  the 
original  record;  provided,  however,  that  the  board  of  supervisors  of  Modoc 
County  shall,  within  two  years,  procure  a  suitable  set  of  books,  and  make  such 
arrangements  as  they  may  agree  upon  with  the  county  recorder  of  Siskij^ou 
County,  for  the  transcribing  therein  all  necessary  records,  properly  certified; 
said  records  to  have  the  same  effect  and  force  as  the  original  records. 

§  10.  Modoc  County  shall  be  attached  to  and  form  a  part  of  the  twenty- 
eighth  senatorial  district,  and,  for  judicial  purposes,  shall  be  attached  to  and 
form  a  part  of  the  ninth  judicial  district.  The  terms  of  the  district  court  shall 
be  held  in  and  for  the  county  of  Modoc  on  the  second  Monday  of  July  and 
the  third  Monday  of  October  of  each  year. 

§  11.  The  county  officers  of  Modoc  County  shall,  except  as  otherwise  pro- 
vided by  this  act,  be  elected  at  the  same  time  as  the  county  officers  in  other 
counties  of  this  state,  and  shall  hold  their  offices  for  the  term  fixed  by  law. 
They  shall  give  bonds,  for  the  faithful  discharge  of  their  duties,  in  such  manner 
and  sums  as  required  by  the  Political  Code.  The  supervisors  of  Modoc  County 
shall  provide  for  the  election  of  their  successors,  whose  term  of  office  shall  be 
three  years. 

§  12.  All  officers  provided  for  by  this  act,  shall  perform  duties  as  required 
by  the  general  laws  of  the  state,  unless  otherwise  provided  by  this  act. 


MODOC     COUNTY— CREATION     AND     ORGANIZATION.  733 

§  13.  The  supervisors  of  Modoc  County  shall  receive  for  their  services  four 
dollars  per  day,  and  twenty-five  cents  per  mile  for  coming  to  the  county  seat; 
provided,  that  but  one  mileage  shall  be  charged  for  each  term  of  the  board; 
and,  provided,  that  for  the  year  eighteen  hundred  and  seventy-four,  and  any 
year  thereafter,  the  per  diem  and  mileage  of  any  one  supervisor  shall  not  exceed 
the  sum  of  two  hundred  dollars. 

§  14.  The  officers  of  Modoc  County  shall  receive  the  following  salaries  and 
fees :  The  treasurer  shall  receive  per  annum  the  sum  of  six  hundred  dollars ; 
the  assessor,  for  assessing  said  county,  shall  receive  per  annum  the  sum  of  six 
hundred  dollars;  the  district  attorney,  the  sum  of  five  hundred  dollars,  and 
the  fees  allowed  the  district  attorney  of  Siskiyou  County ;  the  superintendent 
of  public  schools,  the  sum  of  three  hundred  dollars;  the  sheriff  and  county 
clerk  shall  receive  the  same  fees  the  sheriff  and  county  clerk  of  Siskiyou 
County  receive ;  provided,  that  when  said  fees  are  a  charge  against  said  Modoc 
County,  a  deduction  of  twenty-five  per  centum  shall  be  made  therefrom;  and, 
provided  further,  that  the  county  clerk,  as  clerk  of  the  board  of  supervisors, 
board  of  equalization,  and  board  of  canvassers,  shall  receive  the  sum  of  one 
hundred  and  fifty  dollars  per  annum,  paj^able  quarterly.  The  other  officers  of 
Modoc  County  shall  receive  no  salaries,  but  the  same  fees  allowed  similar 
officers  in  Siskiyou  County. 

^  15.  Modoc  County  shall  be  entitled  to  five  notaries  public,  as  provided 
for  by  law. 

§  16.  The  superintendent  of  public  schools  of  Siskiyou  County  shall  furnish 
the  superintendent  of  public  schools  of  Modoc  County  a  certified  copy  of  the 
last  census  lists  of  the  different  school  districts  in  the  territory  set  apart  to  form 
Modoc  County,  and  shall  draw  his  warrants  on  the  treasurer  of  Siskiyou 
County,  in  favor  of  the  superintendent  of  schools  of  Modoc  County,  for  all 
money  that  is  or  may  be  due  by  apportionment  or  otherwise  to  the  different 
school  districts  of  Modoc  County. 

§  17.  No  indebtedness  shall  be  incurred  by  Modoc  County  which  will  in 
the  aggregate  exceed  the  sum  of  twenty  thousand  dollars. 

§  18.  All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  the  provisions 
of  this  act,  are  hereby  repealed. 

§  19.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  next  following  statute. 

MODOC  COUNTY. 

Supplemental  to  an  act  entitled  an  act  to  create  the  county  of  Modoc,  to  estab- 
lish the  boundaries  thereof,  and  to  provide  for  its  organization,  approved 
February  seventeenth,  eighteen  hundred  and  seventy -four. 

(Stats.  1873-4,  517,  ch.  CCCLV.) 

§  1.  The  auditor  of  Siskiyou  County  must  draw  his  warrants  on  the  treas- 
urer of  the  same  county,  and  in  favor  of  the  hospital  fund  of  Modoc  County, 
for  the  sums  in  the  hospital  funds  of  Surprise  Valley,  Big  Valley,  and  Hot 
Spring  Valley  townships  of  Modoc  County,  respectively,  and  transmit  the  same 
to  the  auditor  of  Modoc  County,  who,  on  receipt  thereof,  must  place  their 


734  MODOC     COUNTY — BOUNDARIES — MOJVTKREY      CITY. 

amounts  to  the  credit  of  the  hospital  fund  of  the  county,  and  deliver  the  war- 
rants to  the  treasurer  of  the  county.  The  treasurer  must  present  the  warrants 
to  the  treasurer  of  Siskiyou  County  for  payment,  and  place  the  amount  received 
in  the  hospital  fund  of  the  county. 

§  2.  The  board  of  commissioners  appointed  in  accordance  with  the  provis- 
ions of  section  six  of  the  act  to  which  this  is  supplemental,  are  hereby  author- 
ized and  empowered  to  discharge  the  same  duties  as  are  now  required  by  law 
of  boards  of  supervisors  and  county  clerks  in  the  registering  of  votes. 

§  3.  The  board  of  supervisors  of  Modoc  County  may,  when  they  levy  state 
and  county  taxes,  levy  a  tax  not  to  exceed  eight  (8)  cents  upon  each  one  hun- 
dred dollars  of  taxable  property  in  said  county,  which  shall  be  collected  as 
other  state  and  county  taxes  are  collected,  and  shall  be  set  apart  as  a  building 
fund,  and  used  only  in  the  erection  of  the  necessary  county  buildings.  After 
the  first  day  of  November,  A.  D.  eighteen  hundred  and  seventy-four,  the  mem- 
ber of  the  board  of  supervisors  having  the  shortest  term  to  serve  shall  be 
president  of  the  board,  unless  such  member  shall  have  been  elected  to  fill  a 
vacancy. 

§  4.  The  provisions  of  an  act  entitled  an  act  concerning  hogs  found  running 
at  large  in  the  counties  of  Colusa,  Tehama,  Butte,  Sonoma,  and  Napa,  approved 
March  twenty-sixth,  eighteen  hundred  and  fifty-seven,  are  hereby  extended  and 
made  applicable  to  such  portions  of  the  county  of  Modoc  as  have  been  surveyed 
under  authority  of  the  United  States,  and  shall  be  in  force  in  said  county  from 
the  first  day  of  May  to  the  first  day  of  October  of  each  and  every  year. 

§  5.     This  act  shall  be  in  force  and  effect  from  and  after  its  passage. 

Section  4  of  the  foregoing  act  related  to  animals  running  at  large,  and  was  repealed 
as  to  Adin  Township  by  Stats.   1877-8,  111,  ch.  XCIX.    See  tits.  Animals;  Fences. 

MOKELUMNE  HILL. 
See  tits.  Lodi;  Municipal  Corporations. 

MONGOLIANS. 

See  tit.  Asiatics. 

MONO  BASIN. 
See  tit.  Roads  and  Highways.  ^ 

MONO  COUNTY. 

See  tit.  Animals. 

MONTEREY— CITY. 

Granting  to  the  city  of  Monterey  the  title  to  the  water  front  of  said  city  in  the 

Bay  of  Monterey. 

(Stats.  1867-8,  202,  ch.  CCX;  amended  1903,  290,  ch.  CCXXXVII.) 

§  1.  The  state  of  California  does  hereby  cede,  grant  and  relinquish  forever, 
unto  the  municipal  corporation  called  the  city  of  Monterey,  all  the  right,  title, 
interest  and  estate  whatsoever  of  the  said  state  of  California,  of,  in  and  to,  all 


MONTEREY — CITY  AND  COLNTY  OF.  735 

the  real  estate,  lands  and  property  situate  within  the  corporate  limits  of  said 
corporation,  and  bounded  and  described  as  follows,  to  wit :  Commencing  at  a 
point  where  the  line  of  the  corporation  limits  of  said  city  strikes  the  Bay  of 
Monterey  on  the  north,  and  running  along  the  entire  water  front  thereof  in  a 
southerly  and  westerly  direction  to  the  point  where  the  southern  or  western 
boundary  of  said  city  strikes  the  said  bay,  comprising  the  entire  water  front 
of  said  city,  out  to  a  depth  of  twentj^  feet  at  low  tide  water;  provided,  that 
the  rights  of  all  persons,  if  any  existing,  under  any  title  derived  from  said 
state  of  California,  in  and  to  any  part  of  said  property  and  premises  hereby 
ceded  and  granted,  be  and  the  same  are  hereby  reserved  from  the  operation  of 
this  act. 

§  2.  The  entire  water  front  hereby  granted  shall  be  held  by  trustees  of 
the  city  of  Monterey  and  their  lawful  successors  forever,  for  the  use  and  benefit 
of  said  city,  and  shall  not  be  subject  to  execution  upon  any  judgment  against 
said  city,  but  may  be,  from  time  to  time  let  or  leased  for  a  term  not  exceeding 
fifty  years,  as  the  trustees  thereof  or  their  successors  may  deem  to  be  most 
advantageous  to  said  city;  provided,  that  not  more  than  three  hundred  feet 
frontage  of  said  water  front  shall  be  leased  to  one  lessee ;  and  provided,  further, 
that  at  and  upon  any  wharf  erected  or  built  upon  property  so  leased  any  and 
all  vessels  shall  have  a  right  to  dock,  land  and  discharge  passengers  or  mer- 
chandise upon  payment  to  such  lessee  or  lessees  of  reasonable  dockage  and 
wharfage.  The  dockage  and  wharfage  to  be  regulated  and  prescribed  in  such 
lease,  and  as  may,  thereafter,  from  time  to  time  be  determined  by  ordinance 
of  said  city  of  Monterey  or  by  statute  of  the  state  of  California.  (Amend- 
ment, Stats.  1903,  290.) 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

See   tits.   Colton   Hall;   Monterey   County;    Municipal  Corporations. 

MONTEREY— COUNTY. 

To  legalize  and  make  valid  copies  of  certain  records  of  the  county  of  Monterey. 
(Stats.  1877-8,  736,  ch.  CCCCLXXIV.) 

§  1.  The  duplicate  or  copy  of  book  G  of  deeds  of  the  records  of  the  county 
of  Monterey,  made,  compared,  and  certified  to  as  correct,  by  Jacob  R.  Lees, 
county  recorder  of  said  county,  under  the  order  of  the  board  of  supervisors 
of  said  eoTuity,  which  duplicate  or  copy  is  now  deposited  in  the  county  re- 
corder's office  of  the  said  county,  shall,  on  and  after  the  passage  of  this  act,  be 
deemed,  considered,  and  received  in  evidence,  with  the  same  force  and  effect 
as  if  the  same  was  the  original  book  G  of  the  records  of  said  county,  and  all 
the  instruments  therein  copied  and  recorded,  and  all  copies  thereof  duly  certi- 
fied or  proved,  shall  have  the  same  force  and  effect  as  other  copies  of  the 
records  of  the  office  of  said  county  recorder. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

MONTEREY— COUNTY. 

To  provide  for  purchase  of  site,  and  erection  of  court-house  and  jail. 
(Stats.  1877-8,  28,  ch.  XXIV;  amended  1877-8,  1034,  ch.  DCLXVII.) 

The   bonds    issued    under   the    foreg-oing    matured    in    1903,    and    the    publication    of    the 
statute  is  omitted. 


736  MONTEREY — CUSTOM-HOUSE — TRUSTEES. 

MONTEREY— CUSTOM-HOUSE. 

To  provide  for  the  appointment  of  a  board  of  Monterey  custom-house  trustees 
and  for  the  acquisition  of  the  control  of  the  Monterey  custom-house  prop- 
erty, and  providing  for  an  appropriation  for  the  preservation,  protection, 
and  improvement  of  said  property. 

(Stats.  1901,  516,  ch.  CLXI.) 

§  1.  The  governor  shall  appoint  five  trustees,  to  be  known  as  the  board  of 
Monterey  custom-house  trustees,  at  least  three  of  whom  shall  be  residents  of 
Monterey  County,  and  he  shall  designate  at  the  time  of  such  appointment  their 
respective  terms  of  office,  in  accordance  with  the  following  classification,  viz. : 
three  of  whom  shall  serve  for  two  years,  and  two  of  said  trustees  shall  serve  for 
four  years,  from  the  time  of  their  appointment.  Their  successors  shall  be  ap- 
pointed by  the  governor,  and  shall  hold  their  offices  for  the  term  of  four  years 
and  until  their  successors  are  appointed  and  qualified.  The  said  trustees  shall 
qualify  by  taking  the  usual  oath  of  office. 

§  2.  The  said  board  of  Monterey  custom-house  trustees  are  hereby  author- 
ized to  receive  and  accept  from  the  grand  parlor  of  the  Native  Sons  of  the 
Golden  "West,  a  corporation,  without  cost  to  the  state,  the  possession  and  con- 
trol and  the  lease  from  the  United  States  of  America,  of  the  site  and  grounds, 
known  as  the  Monterey  custom-house,  situated  in  the  town  of  Monterey,  county 
of  Monterey,  state  of  California.  Said  lease  to  be  assigned  by  the  said  corpora- 
tion to  the  state  of  California  with  the  consent  of  the  United  States  of 
America. 

§  3.  The  said  board  of  Monterey  custom-house  trustees  shall  provide  for 
the  preservation,  protection,  and  improvement  of  the  said  Monterey  custom- 
house, i'n  such  way  and  manner  as  in  their  judgment  may  seem  best  and  proper. 
Said  board  of  trustees  shall,  immediately  upon  their  appointment,  organize  by 
the  election  of  a  president,  a  secretary,  and  a  treasurer  from  their  number, 
and  which  officers  shall  serve  without  compensation ;  and  the  said  president  and 
secretary  are  hereby  authorized,  when  empowered  by  said  board,  to  do  and 
perform  all  things  pertaining  to  the  duties  of  said  board. 

§  4.  The  sum  of  forty-two  hundred  ($4200)  dollars  (three  thousand  ($3000) 
dollars  of  which  shall  be  available  for  the  purposes  hereinabove  set  forth  im- 
mediately after  the  passage  of  this  act;  six  hundred  ($600)  dollars  of  which 
shall  be  expended  in  the  fifty-third  fiscal  year  and  the  remaining  six  hundred 
($600)  dollars  in  the  fifty-fourth  fiscal  year)  is  hereby  appropriated  out  of  the 
general  fund  of  the  state  treasury  for  the  purpose  of  carrying  out  the  provis- 
ions of  section  three  of  this  act.  The  controller  is  hereby  authorized  to  draw 
his  warrant  in  favor  of  said  board  for  the  money  herein  made  payable,  and 
the  treasurer  is  directed  to  pay  the  same. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first  day  of 
January,  nineteen  hundred  and  two. 

See  tit.  Historic  Property. 


MOTOR    VEHICLES— REGISTRATION    OF,    ETC.  fS7 

MORMON  CHANNEL. 
See  tit.  Public  Works. 

MORTGAGE  FORECLOSURE. 

See  tit.  Attorney  Fees. 

MUSEUMS. 
See  tit.  Art  Galleries — Libraries. 

MUTUAL  BENEFIT  SOCIETIES. 

See  tit.  Corporations. 

MOTOR  VEHICLES— REGISTRATION,  ETC. 

To  regulate  the  operation  of  motor  vehicles  on  public  highways,  and  making  an 
appropriation  for  the  purpose  of  carrying  out  the  objects  of  this  act. 

(Stats.  1905,  816,  ch.  DCXII.) 

§  1.  Subdivision  1.  The  words  and  phrases  used  in  this  act  shall,  for  the 
purposes  of  this  act,  unless  the  same  be  contrary  to  or  inconsistent  with  the 
context,  be  construed  as  follows:  (1)  "Motor  vehicle"  shall  include  all  vehicles 
propelled  by  any  power  other  than  muscular  power,  provided  that  nothing  herein 
contained  shall,  except  the  provisions  of  subdivisions  three,  four  and  five  of  sec- 
tion three  and  subdivision  one  of  section  four  of  this  act,  apply  to  motor  cycles, 
motor  bicycles,  traction  engines  or  road  rollers;  (2)  "public  highways"  shall 
include  any  highway,  county  road,  state  road,  public  street,  avenue,  alley,  park, 
parkway,  driveway  or  public  place  in  any  county,  or  incorporated  city  and 
county,  city  or  town;  (3)  "closely  built  up"  shall  mean  (a)  the  territory  of  any 
county  or  incorporated  city  and  county,  city  or  town  contiguous  to  a  public  high- 
way which  is  at  that  point  built  up  with  structures  devoted  to  business,  (b) 
the  territory  of  any  county  or  incorporated  city  and  county,  city  or  town  contig- 
uous to  a  public  highway  not  devoted  to  business,  where  for  not  less  than  one 
quarter  of  a  mile  the  dwelling-houses  on  such  highway  average  less  than  one 
hundred  feet  apart,  provided  that  the  local  authorities  having  charge  of  such 
highway  shall  have  placed  conspicuously  thereon  at  both  ends  of  such  closely 
built  up  section  signs  of  sufficient  size  to  be  easily  readable  by  a  person  using  the 

highway,  bearing  the  words  "Slow  down  to miles,"  inserting  in  the  blank 

space  the  number  of  miles  to  which  the  speed  is  to  be  reduced,  and  also  an  arrow 
pointing  in  the  direction  where  the  speed  is  to  be  reduced;  (4)  "local  authori- 
ties" shall  include  all  boards  of  supervisors,  trustees  or  councils,  committees 
and  other  public  officials  of  counties,  or  incorporated  cities  and  counties,  cities 
or  towns;  (5)  "chauffeur"  shall  mean  any  person  operating  a  motor  vehicle 
as  mechanic,  employee  or  for  hire. 

§  2.  Subdivision  1.  Every  person  hereafter  acquiring  a  motor  vehicle  shall, 
for  every  vehicle  owned  by  him,  file  in  the  office  of  the  secretary  of  state  a  state- 
ment of  his  name  and  address,  with  a  brief  description  of  the  vehicle  to  be 
registered  including  the  name  of  the  maker,  factory  number,  style  of  vehicle  and 
motor  power  on  a  blank  to  be  prepared  and  furnished  by  such  secretary  of  state 
for  that  purpose ;  the  filing  fee  shall  be  two  dollars. 

Gen.  Laws — 47 


738  MOTOR    VEHICLES— REGISTRATION    OF,    ETC. 

Subd.  2.  The  secretary  of  state  shall  thereupon  file  such  statement  in  his 
office,  register  such  motor  vehicle  in  a  book  or  index  to  be  kept  for  that  purpose, 
and  assign  it  a  distinctive  number. 

Subd.  3.  The  secretary  of  state  shall  forthwith  on  such  registration,  and 
without  other  fee,  issue  and  deliver  to  the  owner  of  such  motor  vehicle  a  seal 
of  aluminum  or  other  suitable  metal,  which  shall  be  circular  in  form  approxi- 
mately two  inches  in  diameter,  and  have  stamped  thereon  the  words  "Registered 
motor  vehicle,  No.  ,  State  of  California,"  with  the  registration  number  in- 
serted therein ;  which  seal  shall  thereafter  at  all  times  be  conspicuously  displayed 
on  the  motor  vehicle,  to  which  such  number  has  been  assigned. 

Subd.  4.  If  the  vehicle  has  been  previously  registered,  the  certificate  issued 
thereon  shall  be  returned  to  the  secretary  of  state  and  in  lieu  thereof  such  secre- 
tary shall  Issue  to  said  owner  a  registration  seal  containing  the  number  of  such 
previous  registration  upon  payment  of  a  fee  of  one  dollar.  Upon  the  sale  of  a 
motor  vehicle,  the  vendor,  except  a  manufacturer  or  dealer,  shall  within  ten  days 
return  to  the  secretary  of  state  the  registration  seal  affixed  to  such  vehicle. 

Subd.  5.  Every  motor  vehicle  shall  also  at  all  times  have  the  number  assigned 
to  it  displayed  on  the  back  of  such  vehicle  in  such  manner  as  to  be  plainly  visible, 
the  numbers  to  be  in  arable  numerals,  black  on  white  background,  each  not  less 
than  three  inches  in  height,  and  each  stroke  to  be  of  a  width  not  less  than  half 
an  inch,  and  also  as  a  part  of  vsuch  number  the  abbreviated  name  of  the  state 
in  black  on  white  ground,  such  letters  to  be  not  less  than  one  inch  in  height. 

Subd.  6.  A  manufacturer  of  or  dealer  in  motor  vehicles  shall  register  one 
vehicle  of  each  style  or  type  manufactured  or  dealt  in  by  him,  and  be  entitled 
to  as  many  duplicate  registration  seals  for  each  type  or  style  so  manufactured  or 
dealt  in  as  he  may  desire  on  payment  of  an  additional  fee  of  fifty  cents  for  each 
duplicate  seal.  If  a  registration  seal  and  the  corresponding  number  shall  there- 
after be  affixed  to  and  displayed  on  every  vehicle  of  such  type  or  style  as  in  this 
section  provided,  while  such  vehicle  is  being  operated  on  the  public  highways,  it 
shall  be  deemed  a  sufficient  compliance  with  subdivisions  one,  three,  five  and 
eight  of  this  section,  until  such  vehicle  shall  be  sold  or  let  for  hire.  Nothing  in 
this  subdivision  shall  be  construed  to  apply  to  a  motor  vehicle  employed  by  a 
manufacturer  or  dealer  for  private  use  or  for  hire. 

Subd.  7.  No  motor  vehicle  shall  be  used  or  operated  upon  the  public  highways 
after  thirty  days  after  this  act  takes  efllect  which  shall  display  thereon  a  regis- 
tration seal  or  number  belonging  to  any  other  vehicle,  or  a  fictitious  registra- 
tion seal  or  number. 

Subd.  8.  No  motor  vehicle  shall  be  used  or  operated  on  the  public  highways 
after  thirty  days  after  this  act  takes  effect,  unless  the  owner  shall  have  com- 
plied in  all  respects  with  this  section,  except  that  any  person  purchasing  a  motor 
vehicle  from  a  manufacturer,  dealer  or  other  person  after  this  act  goes  into  effect 
fihall  be  allowed  to  operate  such  motor  vehicle  upon  the  public  highways  for 
a  period  of  five  days  after  the  purchase  and  delivery  thereof,  provided  that 
during  such  period  such  motor  vehicle  shall  bear  the  registration  number  and  seal 
of  the  previous  owner  under  which  it  was  operated  or  might  have  been  operated 
by  him. 

Subd.  9.  The  provisions  of  this  section  shall  not  applyfto  motor  vehicles 
owned  by  non-residents  of  this  state  and  only  temporarily  within  this  state, 


MOTOR    VEHICLES — REGISTRATION     OF,    ETC.  739 

provided  the  owners  thereof  have  complied  with  any  law  requiring  the  registra- 
tion of  owners  of  motor  vehicles  in  force  in  the  state,  territory  or  federal  dis- 
trict of  their  residence,  and  the  registration  number  showing  the  initial  of  such 
state,  territory  or  federal  district  shall  be  displayed  on  such  vehicle  substantially 
as  in  this  section  provided. 

§  3.  Subdivision  1.  No  person  shall  operate  a  motor  vehicle  on  a  public  high- 
way at  a  rate  of  speed  greater  that  is  reasonable  and  proper,  having  regard  to  the 
traffic  and  use  of  the  highway,  or  so  as  to  endanger  the  life  or  limb  of  any  person, 
or  the  safety  of  any  property ;  or  in  any  event  on  any  public  highway  where  the 
territory  contiguous  thereto  is  closely  built  up,  at  a  greater  rate  than  one  mile 
in  six  minutes,  or  elsewhere  in  any  incorporated  city  and  county,  city  or  town 
at  a  greater  rate  than  one  mile  in  four  minutes,  or  elsewhere  outside  of  any 
incorporated  city  and  county,  city  or  town,  at  a  greater  rate  than  one  mile  in 
three  minutes;  subject,  however,  to  the  other  provisions  of  this  act. 

Subd.  2.  Upon  approaching  a  bridge,  dam,  sharp  curve,  or  steep  descent,  and 
also  in  traversing  such  bridge,  dam,  curve  or  descent,  a  person  operating  a  motor 
vehicle  shall  have  it  under  control  and  operate  it  at  a  rate  of  speed  not  ex- 
ceeding one  mile  in  fifteen  minutes,  and  upon  approaching  a  crossing  of  inter- 
secting highways  at  a  speed  not  greater  than  is  reasonable  and  proper,  having 
regard  to  the  traffic  then  on  such  highway  and  the  safety  of  the  public. 

Subd.  3.  Upon  approaching  a  person  walking  in  the  roadway  of  a  public 
highway,  or  a  horse  or  horses,  or  other  draft  animals,  being  ridden,  led  or  driven 
thereon,  a  person  operating  a  motor  vehicle  shall  give  reasonable  warning  of  its 
approach,  and  use  every  reasonable  precaution  to  insure  the  safety  of  such 
person  or  animal,  and,  in  the  case  of  horses  or  other  draft  animals,  to  prevent 
frightening  the  same. 

Subd.  4.  A  person  operating  a  motor  vehicle  shall,  at  request  or  on  signal 
by  putting  up  the  hand,  from  a  person  riding,  leading  or  driving  a  restive  horse 
or  horses,  or  other  draft  animals,  bring  such  motor  vehicle  immediately  to  a  stop, 
and,  if  traveling  in  the  opposite  direction,  remain  stationary  so  long  as  may  be 
reasonable  to  allow  such  horse  or  animal  to  pass,  and,  if  traveling  in  the  same 
direction,  use  reasonable  caution  in  thereafter  passing  such  horse  or  animal ; 
provided  that,  in  case  such  horse  or  animal  appears  badly  frightened  or  the 
person  operating  such  motor  vehicle  is  requested  to  do  so,  such  person  shall  cause 
the  motor  of  such  vehicle  to  cease  running  so  long  as  shall  be  reasonably  neces- 
sary to  prevent  accident  and  insure  safety  to  others. 

Subd.  5.  In  case  of  accident  to  a  person  or  property  on  the  public  highways, 
due  to  the  operation  thereon  of  a  motor  vehicle,  the  person  operating  such  vehicle 
shall  stop,  and,  upon  request  of  a  person  injured,  or  any  person  present,  give 
such  person  his  name  and  address,  and,  if  not  the  owner,  the  name  and  address 
of  such  owner. 

Subd.  6.  Local  authorities  may,  notwithstanding  the  other  provisions  of  this 
section,  set  aside  for  a  given  time  a  specified  public  highway  for  speed  tests  or 
races,  to  be  conducted  under  proper  restrictions  for  the  safety  of  the  public, 

§  4.  Subdivision  1.  Whenever  a  person  operating  a  motor  vehicle  shall  meet 
on  a  public  highway  any  other  person  riding  or  driving  a  horse  or  horses  or  other 
draft  animals,  or  any  other  vehicles,  the  person  so  operating  such  motor  vehicle 
shall  reasonably  turn  the  same  to  the  right  of  the  center  of  such  highway  so  as 


740  MOTOR    VEHICLES — REGISTRATION     OF,,    ETC. 

to  pass  without  interference.  Any  such  person  so  operating  a  motor  vehicle, 
shall,  on  overtaking  any  such  horse,  draft  animal  or  other  vehicle,  pass  on 
the  left  side  thereof,  and  the.  rider  or  driver  of  such  horse,  draft  animal  or 
other  vehicle  shall,  as  soon  as  practicahle,  turn  to  the  right  so  as  to  allow  free 
passage  on  the  left.  Any  such  person  so  operating  a  motor  vehicle  shall,  at  the 
intersection  of  public  highways,  keep  to  the  right  of  the  intersection  of  the 
centers  of  such  highways  when  turning  to  the  right  and  pass  to  the  right  of 
such  intersection  when  turning  to  the  left.  Nothing  in  this  subdivision  shall, 
however,  be  construed  as  limiting  the  meaning  or  effect  of  the  provisions  of  sec- 
tion three  of  this  act. 

Subd.  2,  Every  motor  vehicle,  while  in  use  on  a  public  highway  shall  be 
provided  with  good  and  efficient  brakes,  and  also  with  suitable  bell,  horn  or  other 
signal,  and  be  so  constructed  as  to  exhibit,  during  the  period  from  one  hour  after 
sunset  to  one  hour  before  sunrise,  two  lamps  showing  white  lights  visible  within 
a  reasonable  distance  in  the  direction  towards  which  such  vehicle  is  proceeding, 
showing  the  registered  number  of  the  vehicle  in  separate  arable  numerals,  not  less 
than  one  inch  in  height  and  each  stroke  to  be  not  less  than  one  quarter  of  an  inch 
in  width,  and  also  a  red  light  visible  in  the  reverse  direction. 

Subd,  3.  Subject  to  the  provisions  of  this  act,  local  authorities  shall  have  no 
power  to  pass,  enforce  or  maintain  any  ordinance,  rule  or  regulation  requiring 
of  any  owner  or  operator  of  a  motor  vehicle  any  license  or  permit  to  use  the 
public  highways,  or  excluding  or  prohibiting  any  motor  vehicle  whose  owner  has 
complied  with  section  two  of  this  act  from  the  free  use  of  such  highways,  except 
such  driveway,  speedway  or  road  as  has  been  or  may  be  expressly  set  apart  by 
law  for  the  exclusive  use  of  horses  and  light  carriages,  or  except  as  herein  pro- 
vided, in  any  way  affecting  the  registration  or  numbering  of  motor  vehicles  or 
prescribing  a  slower  rate  of  speed  than  herein  specified  at  which  such  vehicles 
may  be  operated,  or  the  use  of  the  public  highways,  contrary  or  inconsistent  with 
the  provisions  of  this  act;  and  all  such  ordinances,  rules  or  regulations  now  in 
force  are  hereby  declared  to  be  of  no  validity  of  [or]  effect;  provided,  however, 
that  the  local  authorities  of  incorporated  cities  and  counties,  cities  and  towns 
may  limit  by  ordinance,  rule  or  regulation  hereafter  adopted  the  speed  of  motor 
vehicles  on  the  public  highways,  on  condition  that  such  ordinance,  rule  or  regu- 
lation shall  also  fix  the  same  speed  limitation  for  all  other  vehicles,  such  speed 
limitation  not  to  be  in  any  case  less  than  one  mile  in  six  minutes  and  on  further 
condition  that  such  incorporated  city  and  county,  city  or  town  shall  also  have 
placed  conspicuously  on  each  main  public  highway  where  the  boundary  of  such 
municipality  crosses  the  same  and  on  every  main  highway  where  the  rate  of 
speed  changes,  signs  of  sufficient  size  to  be  easily  readable  by  a  person  using  the 

highway,  bearing  the  words  "Slow  down  to miles"  (the  rate  being  inserted) 

and  also  an  arrow  pointing  in  the  direction  where  the  speed  is  to  be  reduced  or 
changed,  and  also  on  further  condition  that  such  ordinance,  rule  or  regulation 
shall  fix  the  penalties  for  violation  thereof  similar  to  and  no  greater  than  those 
fixed  by  such  local  authorities  for  violation  of  speed  limitation  by  any  other 
vehicles  than  motor  vehicles,  which  penalties  shall  during  the  existence  of  the 
ordinance,  rule  or  regulation  supersede  those  specified  in  section  six  of  this  act, 
and  provided  further  that  nothing  in  this  act  contained  shall  be  construed  as 
limiting  the  power  of  local  authorities  to  make,  enforce  and  maintain  further 


MOTOR    VEHICLES— REGISTRATION     OP,    ETC.  741 

ordinances,  rules  or  regulations  affecting  motor  veliicles  which  are  offered  to  the 
public  for  hire. 

Subd.  4.  Local  authorities  may,  notwithstanding  the  provisions  of  this  act, 
make,  enforce  and  maintain  such  reasonable  ordinances,  rules  or  regulations 
concerning  the  speed  at  which  motor  vehicles  may  be  operated  in  any  public 
park  or  parkways,  but  in  that  event,  must  be  signs  at  each  entrance  of  such  park 
and  along  such  parkway,  conspicuously  [to]  indicate  the  rate  of  speed  permitted 
or  required,  and  may  exclude  motor  vehicles  from  any  cemetery  or  grounds  used 
for  burial  of  the  dead. 

Subd.  5.  Nothing  in  this  act  shall  be  construed  to  curtail  or  abridge  the  right 
of  any  person  to  prosecute  a  civil  suit  for  damages  by  reason  of  injuries  to  per- 
son or  property  resulting  from  the  negligent  use  of  the  highways  by  a  motor 
vehicle  or  its  owner  or  his  employee  or  agent. 

§  5.  Subdivision  1.  Every  person  hereafter  desiring  to  operate  a  motor  ve- 
hicle as  a  chauffeur  shall  file  in  the  office  of  the  secretary  of  state,  on  a  blank  to 
be  supplied  by  such  secretary,  a  statement  which  shall  include  his  name  and 
address  and  the  trade  name  and  motive  power  of  the  motor  vehicle  or  vehicles 
he  is  able  to  operate,  and  shall  pay  a  registration  fee  of  two  dollars. 

Subd.  2.  The  secretary  of  state  shall,  thereupon  file  such  statement  in  his 
office,  register  such  chauffeur  in  a  book  or  index  to  be  kept  for  that  purpose,  and 
assign  him  a  number. 

Subd.  3.  The  secretary  of  state  shall  forthwith,  upon  such  registration  and 
without  other  fee,  insure  and  deliver  to  such  chauffeur  a  badge  of  aluminum  or 
other  suitable  metal  which  shall  be  oval  in  form,  and  the  greater  diameter  of 
which  shall  not  be  more  than  two  inches,  and  such  badge  shall  have  stamped 

thereon  the  words:  "Registered  Chauffeur,  No. ,  State  of  California,"  with 

the  registration  number  inserted  therein;  which  badge  shall  thereafter  be  worn 
by  such  chauffeur  pinned  upon  his  clothing  in  a  conspicuous  place  at  all  times 
while  he  is  operating  a  motor  vehicle  upon  the  public  highways. 

Subd.  4.  No  chauffeur,  having  registered  as  herein  provided,  shall  voluntarily 
permit  any  other  person  to  wear  his  badge,  nor  shall  any  person  while  operating 
a  motor  vehicle  wear  any  badge  belonging  to  another  person,  or  a  fictitious  badge. 

Subd.  5.  No  person  shall  operate  a  motor  vehicle  as  a  chauffeur  upon  the 
public  highways  after  thirty  days  after  this  act  takes  effect,  unless  such  person 
shall  have  complied  in  all  respects  with  the  requirements  of  this  section. 

§  6.  Subdivision  1.  The  violation  of  any  of  the  provisions  of  this  act  by  any 
owner,  chauffeur  or  operator  of  any  motor  vehicle,  shall  be  deemed  a  misde- 
meanor, punishable,  upon  conviction  thereof,  by  a  fine  not  exceeding  one  hundred 
dollars  for  the  first  offense,  and  punishable  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars,  or  imprisonment  not  exceeding  thirty  days, 
or  both  for  a  second  offense,  and  punishable  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  two  hundred  and  fifty  dollars  and  imprisonment  not  ex- 
ceeding thirty  days  for  a  third  or  subsequent  offense. 

Subd.  2.  In  case  the  owner  of  a  motor  vehicle  shall  be  taken  into  custody 
because  of  a  violation  of  any  provision  of  this  act,  he  shall  be  forthwith  taken 
before  the  nearest  justice  of  the  peace,  or  police  judge  or  court,  and  be  entitled 
to  an  immediate  hearing;  and  if  such  hearing  cannot  then  be  had,  be  released 
from  custody  on  giving  his  personal  undertaking  to  appear  and  answer  for  such 


742  MOTOR    VEHICLES— REGISTRATION     OF,    ETC. 

violation,  at  such  time  and  place  as  shall  then  be  ordered,  secured  by  the  deposit 
of  a  sum  equal  to  the  maximum  fine  for  the  offense  with  which  he  is  charged,  or 
in  lieu  thereof,  by  leaving  the  motor  vehicle  owned  by  such  person,  with  such 
justice  of  the  peace,  police  judge  or  clerk  of  such  police  court,  or,  in  case  such 
justice  of  the  peace  or  police  judge  is  not  accessible,  be  forthwith  released  from, 
custody  on  giving  his  name  and  address  to  the  officer  making  such  arrest,  and 
depositing  with  such  officer  a  sum  equal  to  the  maximum  fine  for  the  offense  for 
which  such  arrest  is  made,  or  in  lieu  thereof,  by  leaving  the  motor  vehicle  owned 
by  such  person  with  such  officer ;  provided,  that  in  such  case  the  officer  making 
such  arrest  shall  give  a  receipt  in  writing  for  such  sum  or  vehicle  and  by  indorse- 
ment on  such  receipt  notify  such  person  to  appear  before  the  nearest  justice  of 
the  peace  or  police  judge  or  court,  on  the  following  day,  naming  him  or  it  and 
specifying  the  place  and  hour.    In  case  security  shall  be  deposited,  as  in  this  sub- 
division provided,  it  shall  be  returned  to  the  person  depositing  forthwith  on  such 
person  being  admitted  to  bail,  on  the  surrender  of  any  receipt  or  other  voucher 
given  at  the  time  of  such  deposit.    If  such  person  shall  fail  to  appear  before  the 
magistrate  or  court  at  the  time  ordered  or  specified,  the  amount  deposited  by  him 
may  be  declared  forfeited  and  disposed  of  as  money  deposited  for  bail  in  other 
cases,  or  the  motor  which  may  be  so  left  by  him  may  be  sold  at  public  auction 
by  order  of  the  justice  of  the  peace,  or  police  judge  or  court,  and  from  the  amount 
realized  upon  such  sale,  a  sum  equal  to  the  maximum  fine  for  the  offense  charged 
shall  be  disposed  of  in  like  manner,  and  the  surplus,  if  any,  after  deducting  all 
expenses  incurred  in  keeping  or  sale  of  such  motor  vehicle  be  returned  to  such 
owner  on  demand,  but  no  such  forfeiture  and  disposition  of  such  security  shall 
in  anywise  impair  the  jurisdiction  of  such  justice  of  the  peace,  police  judge  or 
court  to  appear  and  determine  any  such  charge  made  against  such  owner,  or  to 
inflict,  upon  conviction  thereof,  any  punishment  prescribed  by  this  act. 

§  7.  The  amount  of  fees  received  by  the  secretary  of  state,  as  in  this  act  pro- 
vided, shall  be  paid  into  the  state  treasury,  to  be  paid  into  the  general  fund  of 
the  state. 

§  8.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  the  sum  of  twenty  thousand  dollars  ($20,000),  for  the 
purpose  of  carrying  out  the  objects  of  this  act,  to  be  used  by  the  secretary  of  state 
in  the  employment  of  the  necessary  clerk  or  clerks ;  the  purchase  of  the  neceissary 
stationery,  books,  and  postage;  for  the  necessary  incidental  expenses;  for  the 
purchase  of  the  necessary  seals  and  badges;  for  printing,  ruling,  binding,  and 
all  other  work  performed  and  materials  used  by  the  state  printing  office,  to  be 
used  during  the  balance  of  the  fifty-sixth,  and  during  the  fifty-seventh  and  fifty- 
eighth  fiscal  years.  The  state  controller  is  hereby  directed  to  draw  his  warrant 
for  any  claim  against  said  sum,  the  Fame  having  been  approved  by  the  state  board 
of  examiners,  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

§  9.     All  acts  and  parts  of  acts  inconsistent  herewith  or  contrary  hereto  are, 
so  far  as  they  are  inconsistent  or  contrary,  hereby  repealed. 
§  10.     This  action  [act]  shall  take  effect  immediately. 

See  tit.  Bicycles,  Tricycles,  etc. 


MUNICIPAL.     CORPORATIONS— CLASSIFICATION.  143 

MUNICIPAL  CORPORATIONS— CLASSIFICATION. 

To  provide  for  the  classification  of  municipal  corporations. 

(Stats.  1883,  24,  ch.  XVII;   amended  1897,  218,  ch.   CLXII;  1897,  421,  eh. 

CCLXII;  1899,  141,  ch.  CXI;  1901,  94,  ch.  LXXX.) 

[For  particular  towns  and  cities,  see  note  at  end  of  this  statute.] 

§  1.  All  municipal  corporations  within  the  state  are  hereby  clas.sified  as  fol- 
lows: Those  having  a  population  of  more  than  two  hundred  thousand  shall 
constitute  the  first  class;  those  having  a  population  of  more  than  one  hundred 
thousand  and  not  exceeding  two  hundred  thousand  shall  constitute  the  first  and 
one-half  class ;  those  having  a  population  of  more  than  thirty  thousand  and  not 
exceeding  one  hundred  thousand  shall  constitute  the  second  class;  those  having 
a  population  of  more  than  fifteen  thousand  and  not  exceeding  thirty  thousand 
shall  constitute  the  third  class;  those  having  a  population  of  more  than  ten 
thousand  and  not  exceeding  fifteen  thousand  shall  constitute  the  fourth  class; 
those  having  a  population  of  more  than  three  thousand  and  not  exceeding  ten 
thousand  shall  constitute  the  fifth  class;  those  having  a  population  of  not  ex- 
ceeding three  thousand  shall  constitute  the  sixth  class.  [Amendment,  Stats. 
1901,  94.] 

§  2.  The  census  taken  under  the  direction  of  the  Congress  of  the  United 
States  in  the  year  eighteen  hundred  and  eighty,  and  every  ten  years  thereafter, 
shall  be  the  basis  upon  which  the  respective  populations  of  said  municipal  cor- 
porations shall  be  determined,  unless  a  direct  enumeration  of  the  inhabitants 
thereof  be  made,  as  in  this  act  provided,  in  which  case  such  direct  enumeration 
shall  constitute  such  basis. 

§  3.  The  council,  board  of  trustees,  or  other  legislative  body  of  any  municipal 
corporation,  may  at  any  time  cause  an  enumeration  of  the  inhabitants  thereof  to 
be  made,  and  in  such  manner  and  under  such  regulations  as  such  body  may,  by 
ordinance,  direct.  If  upon  such  enumeration  it  shall  appear  that  such  municipal 
corporation  contains  a  sufficient  number  of  inhabitants  to  entitle  it  to  reorganize 
under  a  higher  or  lower  class,  the  common  council,  trustees,  or  other  legislative 
body,  shall,  upon  receiving  a  petition  therefor,  signed  by  not  less  than  one  fifth 
of  the  qualified  electors  thereof,  submit  to  the  electors  of  such  city  or  town,  at  the 
next  general  election  to  be  held  therein,  the  question  whether  .such  city  or  town 
shall  reorganize  under  the  laws  relating  to  municipal  corporations  of  the  class 
to  which  such  city  or  town  may  belong.  And  thereupon  such  proceedings  shall 
be  had  and  election  held,  as  provided  in  the  general  law  for  the  reorganization, 
incorporation,  and  government  of  municipal  corporations.  If  a  majority  of  the 
votes  cast  at  such  election  shall  be  in  favor  of  such  reorganization,  thereafter 
such  officers  shall  be  elected  as  are,  or  may  be,  and  at  the  time  prescribed  by  law 
for  municipal  corporations  of  the  class  having  the  population  under  which  such 
reorganization  is  had,  and  from  and  after  the  qualification  of  such  officers,  such 
corporation  shall  belong  to  such  class.  Whenever  the  result  of  such  enumeration 
shall  have  been  declared  by  the  council,  board  of  trustees,  or  other  governing 
body,  and  entered  in  the  minutes  of  such  body,  thereupon  the  number  of  such 
inhabitants  so  ascertained  shall  be  deemed  the  number  of  the  inhabitants  of 
such  city  for  all  the  purposes  of  this  act,  and  for  the  purposes  of  legi-slation 
affecting  municipalities.     The  clerk  of  the  council,  board  of  trustees,  or  other 


744  MUNICIPAL    CORPORATIONS— ORGANIZATION     OF. 

governing  body  of  such  city  shall  cause  a  certified  copy  of  such  minute  order  to 
be  filed  with  the  board  of  supervisors  of  the  county  wherein  such  city  is  situated. 
[Amendment,  Stats.  1899,  141.] 

People  vs.  Gunn,  85  Cal.  238,  243,  24  Pac.  Pac.  Rep.  732;  Rauer  vs.  wniiams,  118  Cal. 

Rep.    718;    Darcey    vs.    Mayor    of    San    Jose,  401,    403,    50    Pac.    Rep.    691;    In   re   MitcheU, 

104  Cal.   642,   647,   38  Pac.  Rep.   500;  Denman  120  Cal.  384,  389,  52  Pac.  Rep.  799;  Ex  parte 

vs.   Broderick,   111   Cal.   96,   104,   43  Pac.  Rep.  Jackson,     143     Cal.     564-574,     77     Pac.     Rep. 

516;    Ex  parte   Giambonini,    117   Cal.    573,   49  457. 

MUNICIPAL    CORPORATIONS— GOVERNMENT. 

To  provide  for  the  organization,  incorporation  and  government  of  municipal 

corporations, 

(Stats.  1883,  93,  ch.  XLIX;  amended  Stats.  1885,  127,  ch.  CXXXVII;  1885 
134,  ch.  CXLIV;  1887,  12,  ch.  XIV;  1889,  371,  ch.  CCLI;  1889,  389,  ch 
CCLVIII;  1891,  21,  ch.  XXXV;  1891,  28,  eh.  XLIII;  1891,  54,  ch.  LVIII 
1891,  55,  ch.  LIX;  1891,  114,  ch.  CXII;  1891,  233,  ch.  CLXIII;  1893,  299 
ch.  CCXV;  1895,  24,  ch.  XV;  1895,  159,  ch.  CLII;  1895,  266,  ch.  CCIV 
1897,  89,  ch.  LXXXVII;  1897,  175,  ch.  CXL;  1897,  183,  ch.  CXXII;  1897 
196,  ch.  CXXXVI ;  1897,  403,  ch.  CCLVII ;  1899,  98,  ch.  LXXXIII ;  1901 
12,  ch.  XXII;  1901,  18,  ch.  XXVI;  1901,  70,  ch.  LIV;  1901,  269,  ch.  CVII 
1901,  293,  ch.  CXXXI;  1901,  656,  ch.  CCXVIII;  1903,  40,  ch.  XXXVIII 
1903,  93,  ch.  LXXXVI;  1903,  135,  ch.  CXXIV;  1903,  336,  ch.  CCXLIX.) 

CHAPTER    I. 

Organization  of  Municipal  Corporations. 

§  1.  Any  portion  of  a  county  containing  not  less  than  five  hundred  inhabi- 
tants, and  not  incorporated  as  a  municipal  corporation,  may  become  incorporated, 
under  the  provisions  of  this  act,  and  when  so  incorporated,  shall  have  the  powers 
conferred,  or  that  may  be  hereafter  conferred,  by  law,  upon  municipal  corpora- 
tions of  the  class  to  which  the  same  may  belong. 

§  2.  A  petition  shall  first  be  presented  to  the  board  of  supervisors  of  such 
county,  signed  by  at  least  fifty  of  the  qualified  electors  of  the  county,  residents 
within  the  limits  of  such  proposed  corporation,  and  the  affidavit  of  three  quali- 
fied electors  residing  within  the  proposed  limJts,  filed  with  the  petition,  shall  be 
prima  facie  evidence  of  the  requisite  number  of  signers.  The  petition  shall  set 
forth  and  particularly  describe  the  proposed  boundaries  of  such  corporation,  and 
state  the  number  of  inhabitants  therein,  as  nearly  as  may  be,  and  shall  pray  that 
the  same  may  be  incorporated  under  the  provisions  of  this  act.  Such  petition 
shall  be  presented  at  a  regular  meeting  of  such  board,  and  .shall  be  published  for 
at  least  two  weeks  before  the  time  at  which  the  same  is  to  be  presented,  in  some 
newspaper  printed  and  published  in  such  county,  together  with  a  notice  stating 
the  time  of  the  meeting  at  which  the  same  will  be  presented.  "When  such  peti- 
tion is  presented,  the  board  of  supervisors  shall  hear  the  same,  and  may  adjourn 
such  hearing  from  time  to  time,  not  exceeding  two  months  in  all,  and  on  the  final 
hearing,  shall  make  such  changes  in  the  proposed  boundaries  as  they  may  find  to 
be  proper  and  shall  establish  and  define  such  boundaries,  and  shall  ascertain  and 
determine  how  many  inhabitants  reside  within  such  boundaries;  provided,  that 
any  changes  made  by  said  board  of  supervisors  shall  not  include  any  territory 
outside  of  the  boundaries  described  in  such  petition.     The  boundaries  so  estab- 


MUNICIPAL.     CORPORATIONS — ELECTIONS     OF,    HOW     CONDUCTED.  745 

lished  by  the  board  of  supervisors  shall  be  the  boundaries  of  such  municipal  cor- 
poration until  by  action,  authorized  by  law  for  the  annexation  of  additional  terri- 
tory to,  or  the  taking  of  territory  from,  said  municipal  corporation,  such 
boundaries  shall  be  changed ;  provided,  whenever  it  shall  appear  to  the  board  of 
supervisors  that  the  boundaries  of  any  municipal  corporation  have  been  incor- 
rectly described,  the  board  shall  direct  the  county  surveyor  to  ascertain  and 
report  a  description  of  the  boundaries.  The  board  of  supervisors  shall,  at  their 
first  regular  meeting  after  the  filing  of  the  report  of  the  county  surveyor,  cause 
notice  to  be  published  in  some  newspaper  published  in  the  county,  that  the  report 
will  be  acted  upon  at  the  next  regular  meeting  of  the  board,  and  at  said  meeting 
the  board  shall  ratify  the  report  of  the  county  surveyor,  with  such  modifications 
as  they  shall  deem  necessary,  and  the  boundaries  so  established  shall  be  the  legal 
boundaries  of  said  municipal  corporation.  They -shall  then  give  notice  of  an 
election  to  be  held  in  such  proposed  corporation  for  the  purpose  of  determining 
whether  the  same  shall  become  incorporated.  Such  notice  shall  particularly 
describe  the  boundaries  so  established,  and  shall  state  the  name  of  such  proposed 
corporation,  and  the  number  of  inhabitants  so  ascertained  to  reside  therein,  and 
the  same  shall  be  published  for  at  least  two  weeks  prior  to  such  election,  in  a 
newspaper  printed  and  published  within  such  boundaries,  or  posted  for  the  same 
period  in  at  least  four  public  places  therein.  Such  notice  shall  require  the  voters 
to  cast  ballots,  which  shall  contain  the  words  "For  incorporation,"  or  "Against 
incorporation,"  or  words  equivalent  thereto,  and  also  the  names  of  persons  voted 
for  to  fill  the  various  elective  municipal  offices  prescribed  by  law  for  municipal 
corporations  of  the  class  to  which  such  proposed  corporation  will  belong. 
[Amendment,  Stats.  1889,  371.] 

§  3,  Such  elections  shall  be  conducted  in  accordance  with  the  general  election 
laws  of  the  state,  and  no  person  shall  be  entitled  to  vote  thereat  unless  he  shall  be 
a  qualified  elector  of  the  county,  enrolled  upon  the  great  register  thereof,  and 
shall  have  resided  within  the  limits  of  such  proposed  corporation  for  at  least 
sixty  days  next  preceding  such  election.  The  board  of  supervisors  shall  meet  on 
the  Monday  next  succeeding  such  election,  and  proceed  to  canvass  the  votes  cast 
thereat ;  and  if,  upon  such  canvass,  it  appears  that  the  majority  of  the  votes  cast 
are  for  the  incorporation,  the  board  shall,  by  an  order  entered  upon  their  min- 
utes, declare  such  territory  duly  incorporated  as  a  municipal  incorporation  of 
the  class  to  which  the  same  shall  belong,  under  the  name  and  style  of  the  city 
(or  town,  as  the  case  may  be)  of (naming  it),  and  shall  declare  the  per- 
son [s]  receiving,  respectively,  the  highest  number  of  votes  for  such  several  offices 
to  be  duly  elected  to  such  offices.  Said  board  shall  cause  a  copy  of  such  order, 
duly  certified,  to  be  filed  in  the  office  of  secretary  of  state,  and  from  and  after 
the  date  of  such  filing,  such  incorporation  shall  be  deemed  complete,  and  such 
officers  shall  be  entitled  to  enter  immediately  upon  the  duties  of  their  respective 
offices,  upon  qualifying  in  accordance  with  law,  and  shall  hold  such  offices  respect- 
ively only  until  the  next  general  municipal  election  to  be  held  in  such  city  or 
town,  and  until  their  successors  are  elected  and  qualified;  and  it  shall  not  be 
necessary  in  any  action,  civil  or  criminal,  to  plead  and  prove  the  organization  or 
existence  of  such  corporation,  and  the  courts  shall  take  judicial  cognizance 
thereof  without  proof.     [Amendment,  Stats.  1889,  372.] 

§  4,     The  common  council,  board  of  trustees,  or  other  legislative  body  of  any 


740  MUNICIPAL.    CORPORATIONS— CONDUCT     OF    ELECTIONS. 

city  and  county,  city,  or  town,  organized  or  incorporated  prior  to  the  first  day 
of  January,  eighteen  hundred  and  eighty,  at  twelve  o'clock,  meridian,  shall,  upon 
receiving  a  petition  therefor,  signed  by  not  less  than  one  fifth  of  the  qualified 
electors  of  such  city  and  county,  city  or  town,  as  shown  by  the  vote  cast  at  the 
last  municipal  election  held  therein,  submit  to  the  electors  of  such  city  and 
county,  city,  or  town,  at  the  next  general  election  to  be  held  therein,  the  question 
whether  such  city  and  county,  city,  or  town  shall  become  organized  under  the 
general  laws  of  the  state  relating  to  municipal  corporations  of  the  class  to  which 
such  city  and  county,  city,  or  town  may  belong.  Notice  that  such  question  will 
be  so  submitted  shall  be  given  by  publication  in  a  newspaper  printed  and  pub- 
lished in  such  city  and  county,  city,  or  town ;  or  if  there  be  no  newspaper  printed 
and  published  therein,  by  printing  and  posting  the  same  in  at  least  four  public 
places  therein,  including  the  place  or  places  where  such  election  is  to  be  held. 
Such  notice  shall  be  so  published  or  posted  for  at  least  four  weeks  prior  to  such 
election,  and  shall  also  be  made  a  part  of  the  general  election  notice.  Such  notice 
shall  distinctly  state  the  proposition  to  be  so  submitted,  and  shall  designate  the 
class  to  which  such  corporation  belongs,  and  shall  invite  the  electors  thereof  to 
vote  upon  such  proposition  by  placing  upon  their  ballots  the  words  "For  reor- 
ganization," or  "Against  reorganization,"  or  words  equivalent  thereto.  The 
votes  so  cast  shall  be  canvassed  at  the  time  and  in  the  manner  in  which  the  other 
votes  cast  at  such  election  are  canvassed.  If,  upon  such  canvass,  a  majority  of  all 
the  electors  voting  at  such  election  shall  be  found  to  have  voted  for  such  reor- 
ganization, the  said  council,  board,  or  other  legislative  body  shall,  by  an  order 
entered  upon  their  minutes,  cause  their  clerk,  or  other  officer  performing  the 
duties  of  clerk,  to  make  and  transmit  to  the  secretary  of  state  a  certified  abstract 
of  such  vote ;  which  abstract  shall  show  the  whole  number  of  electors  voting  at 
such  election,  the  number  of  votes  cast  for  reorganization,  and  the  number  of 
votes  cast  against  reorganization.  Said  council,  board,  or  other  legislative  body 
shall  immediately  thereafter  call  a  special  election  for  the  election  of  the  officers 
required  by  law  to  be  elected  in  corporations  of  the  class  to  which  such  city  and 
county,  city,  or  town  shall  belong,  which  election  shall  be  held  within  six  w'eeks 
thereafter.  Such  election  shall  be  held  in  all  respects  in  the  manner  prescribed, 
or  that  may  hereafter  be  prescribed,  by  law  for  municipal  elections  in  corpora- 
tions of  such  class,  and  shall  be  canvassed  by  the  council,  board,  or  other  legisla- 
tive body  calling  the  same,  who  shall  immediately  declare  the  result  thereof,  and 
cause  the  same  to  be  entered  upon  their  journal.  From  and  after  the  date  of 
such  entry,  such  corporation  shall  be  deemed  to  be  organized  under  such  general 
laws,  under  the  name  and  style  of  the  city  and  county  (or  city  or  town  as  the 
case  may  be)  of (naming  it),  with  the  powers  conferred,  or  that  may  here- 
after be  conferred,  by  law  upon  municipal  corporations  of  the  class  to  w^hich  the 
same  may  belong ;  and  the  officers  elected  at  such  election  shall  be  entitled  imme- 
diately to  enter  upon  the  duties  of  their  respective  offices,  upon  qualifying  in 
accordance  with  law,  and  shall  hold  such  offices,  respectively,  only  until  the  next 
general  municipal  election  to  be  held  in  such  city  and  county,  city,  or  town,  and 
until  their  successors  are  elected  and  qualified. 

§  5.  Any  city  and  county,  city  or  town  organized  under  the  provisions  of 
section  four  of  this  act  shall,  for  all  purposes,  be  deemed  and  taken  to  be  in  law 
the  identical  corporation  theretofore  incorporated  and  existing;  and  such  reor- 


MUNICIPAL    CORPORATIONS— BOUNDARIES.  747 

ganization  shall  in  no  wise  affect  or  impair  the  title  to  any  property  owned  or 
held  by  such  corporation,  or  in  trust  therefor,  or  any  debts,  demands,  liabilities, 
or  obligations  existing  in  favor  of  or  against  such  corporation,  or  any  proceeding 
then  pending;  nor  shall  the  same  operate  to  repeal  or  affect  in  any  manner  any 
ordinance  theretofore  passed  or  adopted  and  remaining  unrepealed,  or,  to  dis- 
charge any  person  from  any  liability,  civil  or  criminal,  then  existing,  for  any 
violation  of  any  such  ordinance ;  but  such  ordinances,  so  far  as  the  same  are  not 
in  conflict  with  such  general  laws,  shall  be  and  remain  in  force  until  repealed  or 
amended  by  competent  authority;  provided,  that  proceedings  theretofore  com- 
menced shall,  after  such  reorganization,  be  conducted  in  accordance  with  the 
provisions  of  such  general  laws. 

§  6.  As  soon  as  the  officers  elected  under  the  provisions  of  either  section  three 
or  section  four  of  this  act  shall  have  qualified  in  accordance  with  law,  all  per- 
sons, if  any,  then  in  possession  of  the  offices  of  such  corporation,  shall  imme- 
diately quit  and  surrender  up  the  possession  of  such  offices  and  shall  deliver  to 
the  officers  so  elected  all  moneys,  boolvs,  papers,  or  other  things  in  their  official 
custody,  and  all  property  of  such  corporation  in  their  hands,  notwithstanding 
that  the  terms  of  office  for  which  they  were  respectively  elected  or  appointed  may 
not  then  have  expired ;  and  all  officers,  boards,  and  persons  holding  any  property 
in  trust  for  any  public  use,  the  administration  of  which  use  is  vested  by  such 
general  laws  in  such  corporation,  or  in  any  of  its  officers,  shall,  upon  demand 
from  such  corporation  or  such  officers,  convey  such  property  to  such  corporation 
or  such  officers,  by  good  and  sufficient  deeds  of  conveyance,  in  trust  for  such 
public  use. 

§  7.  The  boundaries  of  any  municipal  corporation  may  be  altered,  and  new 
territory  included  therein,  after  proceedings  had  as  required  in  this  section.  The 
council,  board  of  trustees,  or  other  legislative  body  of  such  corporation  shall, 
upon  receiving  a  petition  therefor,  signed  by  not  less  than  one  fifth  of  the  quali- 
fied electors  thereof,  as  shown  by  the  vote  cast  at  the  last  municipal  election  held 
therein,  submit  to  the  electors  of  such  corporation,  and  to  the  electors  residing  in 
the  territory  proposed  by  such  petition  to  be  annexed  to  such  corporation,  the 
question  whether  such  territory  shall  be  annexed  to  such  corporation  and  become 
a  part  thereof.  Such  question  shall  be  submitted  at  a  special  election,  to  be  held 
for  that  purpose,  and  such  legislative  body  shall  give  notice  thereof  by  publica- 
tion in  a  newspaper  printed  and  published  in  such  corporation,  and  also  in  a  news- 
paper printed  and  published  outside  of  such  corporation,  and  in  the  county  in 
which  such  territory  so  proposed  to  be  annexed  is  situated,  in  both  cases  for  a 
period  of  four  weeks  prior  to  such  election.  Such  notice  shall  distinctly  state  the 
proposition  to  be  so  submitted,  and  shall  designate  specifically  the  boundaries  of 
the  territory  so  proposed  to  be  annexed ;  and  the  electors  shall  be  invited  thereby 
to  vote  upon  such  proposition,  by  placing  upon  their  ballots  the  words  "For  an- 
nexation," or  "Against  annexation,"  or  words  equivalent  thereto.  Such  legisla- 
tive body  shall  also  designate  the  place  or  places  at  which  the  polls  will  be  opened 
in  such  territory  so  proposed  to  be  annexed,  which  place  or  places  shall  be  that  or 
those  usually  used  for  that  purpose  within  such  territory,  if  any  such  there  be. 
Such  legislative  body  shall  also  appoint  and  designate  in  such  notice  the  names 
of  the  officers  of  election.  Such  legislative  body  shall  meet  on  the  Monday  next 
succeeding  the  day  of  such  election,  and  proceed  to  canvass  the  votes  cast  thereat. 


748  MUNICIPAL.    CORPORATIONS — CONTIGUOUS. 

The  votes  east  in  such  territory  so  proposed  to  be  annexed  shall  be  canvassed 
separately,  and  if  it  shall  appear  upon  such  canvass  that  a  majority  of  all  the 
votes  cast  in  such  territory  and  a  majority  of  all  the  votes  cast  in  such  corpora- 
tion shall  be  for  annexation,  such  legislative  body  shall,  by  an  order  entered 
upon  their  minutes,  cause  their  clerk,  or  other  officer  performing  the  duties  of 
clerk,  to  make  and  transmit  to  the  secretary  of  state  a  certified  abstract  of  such 
vote ;  which  abstract  shall  show  the  whole  number  of  electors  voting  in  such  terri- 
tory, the  whole  number  of  electors  voting  in  such  corporation,  the  number  of 
votes  cast  in  each  for  annexation,  and  the  number  of  votes  cast  in  each  against 
annexation.  From  and  after  the  date  of  the  filing  of  such  abstract,  such  annexa- 
tion shall  be  deemed  complete,  and  thereafter  such  territory  shall  be  and  remain 
a  part  of  such  corporation ;  provided,  that  no  property  within  such  territory  so 
annexed  shall  ever  be  taxed  to  pay  any  portion  of  any  indebtedness  of  such  cor- 
poration, contracted  prior  to  or  existing  at  the  date  of  such  annexation.  If  the 
territory  so  proposed  to  be  annexed  consists,  in  whole  or  in  part,  of  any  municipal 
corporation,  or  part  thereof,  such  territory  shall  not  be  annexed  under  the  pro- 
visions of  this  section. 

§  8.  Two  or  more  contiguous  municipal  corporations  may  become  consolidated 
into  one  corporation  after  proceedings  had  as  required  in  this  section.  The  coun- 
cil, board  of  trustees,  or  other  legislative  body  of  either  of  such  corporations  shall, 
upon  receiving  a  petition  therefor,  signed  by  not  less  than  one  fifth  of  the  quali- 
fied electors  of  each  of  such  corporations,  as  shown  by  the  votes  cast  at  the  last 
municipal  election  held  in  each  of  such  corporations,  submit  to  the  electors  of  each 
of  such  corporations  the  question  whether  such  corporations  shall  become  consoli- 
dated into  one  corporation.  Such  legislative  body  shall  designate  a  day  upon 
which  a  special  election  shall  be  held  in  each  of  such  corporations  to  determine 
whether  such  consolidation  shall  be  effected,  and  shall  give  written  notice  thereof 
to  the  council,  board  of  trustees,  or  other  legislative  body  of  each  of  the  other  of 
such  corporations,  which  notice  shall  designate  the  name  of  the  proposed  new 
corporation.  It  shall  thereupon  be  the  duty  of  such  legislative  body  of  each  of 
the  corporations  so  proposed  to  be  consolidated  to  give  notice  of  such  election,  by 
publication  in  a  newspaper  printed  and  published  in  such  corporation,  for  a 
period  of  four  weeks  prior  to  such  election.  Such  notice  shall  distinctly  state  the 
proposition  to  be  so  submitted,  the  name  of  the  corporations  so  proposed  to  be 
consolidated,  the  name  of  the  proposed  new  corporation,  and  the  class  to  which 
such  proposed  new  corporation  will  belong;  and  shall  invite  the  electors  to  vote 
upon  such  proposition  by  placing  upon  their  ballots  the  words  "For  consolida- 
tion," or  "Against  consolidation,"  or  words  equivalent  thereto.  The  legislative 
bodies  of  each  of  such  corporations  shall  meet  in  joint  convention  at  the  usual 
place  of  meeting  of  the  legislative  body  of  that  one  of  such  corporations  having 
the  greatest  population,  as  shown  by  the  last  federal  census,  on  the  Monday  next 
succeeding  the  day  of  such  election,  and  proceed  to  canvass  the  votes  cast  thereat. 
The  votes  cast  in  each  of  such  corporations  shall  be  canvassed  separately;  and  if 
it  shall  appear  upon  such  canvass  that  a  majority  of  the  votes  cast  in  each  of 
such  corporations  shall  be  for  consolidation,  such  joint  convention,  by  an  order 
entered  upon  their  minutes,  shall  cause  the  clerk,  or  other  officer  performing  the 
duties  of  clerk  of  the  legislative  body  at  whose  place  of  meeting  such  joint  con- 
vention is  held,  to  make  a  certified  abstract  of  such  vote ;  which  abstract  shall 


MUNICIPAL    CORPORATIONS— GENERAL    POWERS.  740 

show  the  whole  number  of  electors  voting  at  such  election  in  each  of  such  cor- 
porations, the  number  of  votes  cast  in  each  for  consolidation,  and  the  number  of 
votes  cast  in  each  against  consolidation.  Such  abstract  shall  be  recorded  upon 
the  minutes  of  the  legislative  body  of  each  of  such  corporations ;  and  immediately 
upon  the  record  thereof,  it  shall  be  the  duty  of  the  clerk,  or  other  officer  perform- 
ing the  duties  of  clerk,  of  each  of  such  legislative  bodies  to  transmit  to  the  secre- 
tary of  state  a  certified  copy  of  such  abstract.  Immediately  after  such  filing,  the 
legislative  body  of  that  one  of  such  corporations  having  the  greatest  population, 
as  shown  by  the  last  federal  census,  shall  call  a  special  election,  to  be  held  in  such 
new  corporation  for  the  election  of  the  officers  required  by  law  to  be  elected  in 
corporations  of  the  class  to  which  such  new  corporation  shall  belong,  which  elec- 
tion shall  be  held  within  six  months  thereafter.  Such  election  shall  be  called  and 
conducted  in  all  respects  in  the  manner  prescribed,  or  that  may  hereafter  be  pre- 
scribed, by  law  for  municipal  elections  in  corporations  of  such  class,  and  shall  be 
canvassed  by  the  legislative  body  so  calling  the  same,  who  shall  immediately 
declare  the  result  thereof,  and  cause  the  same  to  be  entered  upon  their  journal. 
From  and  after  the  date  of  such  entry,  such  corporations  shall  be  deemed  to  be 
consolidated  into  one  corporation,  under  the  name  and  style  of  the  city  and  county 
(or  city  or  town  as  the  case  may  be)  of (naming  it),  with  the  powers  con- 
ferred, or  that  may  hereafter  be  conferred,  by  law  upon  municipal  corporations 
of  the  class  to  which  the  same  shall  so  belong;  and  the  officers  elected  at  such 
election  shall  be  entitled  immediately  to  enter  upon  the  duties  of  their  respective 
offices,  upon  qualifying  in  accordance  with  law,  and  shall  hold  such  offices,  re- 
spectively, only  until  the  next  general  municipal  election  to  be  held  in  such  city 
and  county,  city,  or  towns,  and  until  their  successors  are  elected  and  qualified.  All 
the  provisions  of  sections  five  and  six  of  this  act  shall  apply  to  such  corporation 
and  to  the  officers  thereof ;  provided,  that  no  property  within  either  of  the  former 
corporations  so  consolidated  shall  ever  be  taxed  to  pay  any  portion  of  any  indebt- 
edness of  either  of  the  other  of  such  former  corporations  contracted  prior  to  or 
existing  at  the  date  of  such  consolidation. 

§  9.  The  city  clerk  of  each  municipal  corporation  and  the  city  recorder  of 
each  municipal  corporation  where  there  is  no  city  clerk  shall  have  the  powers  and 
shall  perform  the  duties  of  a  registrar  within  such  municipality  which  are  pre- 
scribed and  required  by  the  provisions  of  an  act  entitled,  **An  act  for  the 
registration  of  deaths,  the  issuance  and  registration  of  burial  and  disinterment 
permits,  and  the  establishment  of  registration  districts  in  counties,  cities  and 
counties,  cities,  and  incorporated  towns,  under  the  superintendence  of  the  state 
bureau  of  vital  statistics  and  prescribing  the  powers  and  duties  of  registrars, 
coroners,  physicians,  undertakers,  sextons  and  other  persons  in  relation  to 
such  registration  and  fixing  penalties  for  the  violation  of  this  act."  [New 
section  added.  Stats.  1905,  408.] 

CHAPTER    II. 

Municipal  Corporations  op  the  First  Class. 

article  i. general  powers. 

§  19.     Every  municipal  corporation  of  the  first  class  shall  be  entitled  the  city 

and  county  of ,  or  the  city  of (naming  it),  as  the  case  may  be,  and  by 

such  name  shall  have  perpetual  succession,  may  sue  and  be  sued  in  all  courts  and 


750  MUNICIPAL    CORPORATIONS— GENERAL,    POWERS. 

places,  and  in  all  proceedings  whatever ;  shall  have  and  use  a  common  seal,  alter- 
able at  the  pleasure  of  the  city  authorities,  and  may  purchase,  lease,  receive,  hold, 
and  enjoy  real  and  personal  property,  and  control  and  dispose  of  the  same  for 
the  common  benefit. 

ARTICLE  II. GENERAL  PROVISIONS  RELATING  TO  OFFICERS. 

§  20.  There  shall  be  elected  by  the  qualified  voters  of  such  city,  or  city  and 
county,  at  the  general  state  election  to  be  held  on  the  first  Tuesday  after  the  first 
Monday  of  the  month  of  November  in  each  even-numbered  year,  the  following 
officers,  viz. :  A  mayor,  sheriff,  auditor,  tax  collector,  treasurer,  county  clerk, 
recorder,  district  attorney,  city  or  city  and  county  attorney,  coroner,  surveyor, 
superintendent  of  streets,  twelve  school  directors,  six  justices  of  the  peace,  public 
administrator,  and  two  police  judges,  who  shall  hold  office  for  two  years.  The 
terms  of  such  officers  shall  commence  on  the  first  Monday  after  the  first  day  of 
January  next  following  their  election.  Also,  twelve  aldermen,  in  the  manner, 
and  who  shall  hold  office,  as  provided  in  section  forty-one  of  this  chapter,  and 
twelve  assistant  aldermen,  who  shall  hold  office  as  provided  in  section  forty-three 
of  this  chapter. 

§  21.  The  mayor,  sheriff,  county  clerk,  county  recorder,  treasurer,  district 
attorney,  auditor,  tax  collector,  assessor,  city  or  city  and  county  attorney,  super- 
intendent of  streets,  and  surveyor  shall  keep  public  offices,  which  shall  be  kept 
open  for  the  transaction  of  business  every  day  in  the  year  except  Sundays, 
Christmas,  New  Year's,  Fourth  of  July,  Thanksgiving,  the  twenty -second  of  Feb- 
ruary, and  on  any  days  during  which  a  general  election  shall  be  held,  between  the 
hours  of  nine  o'clock  a.  m.  and  five  o'clock  p.  m. 

§  22.  Whenever  vacancies  occur  in  any  of  the  elective  offices  of  such  citv,  or 
city  and  county,  and  provision  is  not  otherwise  made  in  this  or  some  other  act  for 
filling  the  same,  the  mayor  shall  appoint,  subject  to  the  confirmation  of  the  board 
of  aldermen,  a  person  to  discharge  the  duties  of  such  office  until  the  next  election, 
when  the  vacancy  shall  be  filled  by  election  for  the  unexpired  term.  All  persons 
so  appointed  shall,  before  entering  upon  their  duties,  take  the  oath  of  office,  and 
give  bonds  as  required  by  law. 

§  23.  No  fees  or  compensation  to  be  paid  out  of  the  treasury,  other  than  those 
expressly  allowed  in  this  chapter,  shall  be  allowed  or  received  by  any  officer  of 
such  city,  or  city  and  county,  or  of  any  district,  or  other  subdivision  thereof ;  nor 
shall  any  allowance  or  provision  be  made  for  them,  or  any  of  them,  at  the  public 
expense  beyond  the  fixed  compensation  herein  provided  under  the  name  of  office 
rent,  fuel,  lights,  stationery,  contingencies,  extra  services,  or  otherwise,  except 
the  compensation  or  percentage  allowed  to  the  tax  collector  and  to  the  assessor 
in  the  collection  of  poll-taxes,  and  except  that  the  necessary  and  proper  books, 
stationery,  and  official  blanks  may,  at  the  discretion  of  the  municipal  council,  be 
purchased  and  supplied  for  all  the  courts  of  such  city,  or  city  and  county,  its 
officers,  municipal  council,  and  other  boards,  and  officers,  the  expense  whereof, 
when  the  amount  in  each  particular  case  shall  have  been  previously  authorized 
and  fixed  by  the  municipal  council,  may  be  paid  out  of  the  general  fund,  upon 
demand  upon  the  treasviry  duly  audited,  as  in  this  chapter  provided. 

§  24.  All  officers  of  such  city,  or  city  and  county,  must,  before  they  can  enter 
upon  their  official  duties,  give  a  bond  as  required  by  law.    The  bonds  and  sureties 


MUNICIPAL     CORPORATIONS— GENERAL    POWERS— OFFICERS'    SALARIES.        751 

of  such  officers  must  be  approved  by  the  president  of  the  board  of  aldermen, 
auditor,  and  a  judge  of  the  superior  court,  in  and  for  such  city  and  county,  or  in 
and  for  the  county  in  which  such  city  may  be  situated.  AYhen  the  amount  of  such 
official  bond  is  not  fixed  by  law,  it  shall  be  fixed  by  the  municipal  council.  No 
banker  residing  or  doing  business  in  such  city,  or  city  and  county,  nor  any  such 
banker's  partner,  clerk,  employee,  agent,  attorney,  father,  or  brother,  shall  be 
received  as  surety  for  the  treasurer,  mayor,  sheriff,  auditor,  or  any  officer  having 
the  collection,  custody,  or  disbursement  of  money.  No  person  can  be  admitted 
as  surety  on  any  such  bond  unless  he  be  worth,  in  fixed  property,  including  mort- 
gages, situated  in  such  city,  or  city  and  county,  the  amount  of  his  undertaking 
over  and  above  all  sums  for  which  he  is  already  liable,  or  in  any  manner  bound, 
whether  as  principal,  indorser,  or  security,  or  whether  such  prior  obligation  or 
liability  be  conditional  or  absolute,  liquidated,  or  unliquidated,  certain  or  con- 
tingent, due  or  to  become  due.  All  persons  offered  as  sureties  on  official  bonds 
must  be  examined  on  oath  touching  their  qualifications.  The  official  bond  of  the 
auditor  shall  be  filed  and  kept  in  the  office  of  the  clerk  of  such  city,  or  city  and 
county.  All  other  official  bonds  shall  be  filed  and  kept  in  the  office  of  the  auditor; 
provided  that  the  bonds  and  sureties  of  the  mayor  must  be  approved  by  the 
chairman  of  the  house  of  assistant  aldermen,  auditor,  and  a  judge  of  the  superior 
court  in  and  for  such  city  and  county,  or  in  and  for  the  county  in  which  such 
city  may  be  situated;  and  that  the  bonds  and  sureties  of  the  auditor  must  be 
approved  by  the  president  of  the  board  of  aldermen,  the  chairman  of  the  house 
of  assistant  aldermen,  and  a  judge  of  the  superior  court  in  and  for  such  city  and 
county,  or  in  and  for  the  county  in  which  such  city  may  be  situated. 

§  25.  The  compensation  or  salary  of  any  officer  provided  for  in  this  chapter 
shall  not  be  increased  or  reduced  after  his  election  or  during  his  term  of  office. 

§  26.  The  salaries  of  the  officers,  clerks,  deputies,  or  employees  of  such  city 
and  county,  except  as  otherwise  in  this  chapter  provided,  shall  be  as  follows,  and 
payable  in  monthly  instalments  at  the  end  of  each  and  every  month,  viz. : 

1.  The  salary  of  the  mayor  shall  be  four  thousand  dollars  per  annum ;  he  may 
appoint  a  clerk,  to  be  known  as  the  mayor's  clerk,  whose  salary  shall  be  one  thou- 
sand eight  hundred  dollars  per  annum. 

2.  The  salary  of  the  sheriff  shall  be  six  thousand  dollars  per  annum ;  he  may 
appoint  one  under-sheriff,  whose  salary  shall  be  two  thousand  four  hundred  dol- 
lars per  annum;  one  bookkeeper,  whose  salary  shall  be  two  thousand  four  hun- 
dred dollars  per  annum ;  he  may  appoint  twenty-five  deputies,  each  of  whom  shall 
receive  a  salary  of  one  thousand  six  hundred  dollars  per  annum,  one  of  which 
said  deputies  shall  be  assigned  to  and  perform  the  duties  of  assistant  bookkeeper ; 
sixteen  deputies,  whose  salaries  shall  be  one  thousand  five  hundred  dollars  per 
annum ;  one  counsel,  who  shall  be  an  attorney  of  the  supreme  court  of  the  state, 
whose  salary  shall  be  one  thousand  eight  hundred  dollare  per  annum ;  one  matron, 
whose  salary  shall  be  nine  hundred  dollars  per  annum;  one  driver  of  prison 
wagon,  whose  salary  shall  be  nine  hundred  dollars  per  annum. 

3.  The  salary  of  the  auditor  shall  be  four  thousand  dollars  per  annum ;  he  may 
appoint  one  deputy,  whose  salary  shall  be  two  thousand  four  hundred  dollars  per 
annum;  and  two  clerks  at  a  salary  of  one  thousand  six  hundred  dollars  per 
annum  each. 

4.  The  salary  of  the  treasurer  shall  be  four  thousand  dollars  per  annum ;  he 


752        MUlVICIPAIi    CORPORATIONS — GENERAL    POWERS — OFFICERS'    SALARIES. 

may  appoint  one  chief  deputy,  whose  salary  shall  be  two  thousand  four  hundred 
dollars  per  annum,  and  one  deputy,  whose  salary  shall  be  two  thousand  one  hun- 
dred dollars  per  annum. 

5.  The  salary  of  the  tax  collector  shall  be  four  thousand  dollars  per  annum; 
he  may  appoint  one  chief  deputy,  one  cashier,  each  of  whom  shall  receive  a  salary 
of  two  thousand  dollars  per  annum,  and  ten  permanent  deputies,  whose  salary 
shall  be  one  thousand  six  hundred  dollars  per  annum  each. 

6.  The  salary  of  the  assessor  shall  be  four  thousand  dollars  per  annum ;  he  may 
appoint  one  chief  office  deputy,  one  chief  field  deputy,  and  one  head  draftsman, 
each  of  whom  shall  receive  a  salary  of  two  thousand  dollars  per  annum ;  an  assist- 
ant draftsman,  who  shall  receive  a  salary  of  one  thousand  eight  hundred  dollars 
per  annum ;  and  eleven  office  deputies,  each  of  whom  shall  receive  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum.  He  may  also  appoint  such  additional 
deputies  as  may  be  allowed  by  the  municipal  council,  at  salaries  not  to  exceed 
five  dollars  per  day  each,  for  such  time  as  they  may  be  employed. 

7.  The  salary  of  the  recorder  shall  be  three  thousand  dollars  per  annum;  he 
may  appoint  one  chief  deputy,  whose  salary  shall  be  two  thousand  four  hundred 
dollars  per  annum,  and  tAvo  deputies,  each  of  whom  shall  receive  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum ;  also,  two  porters,  who  shall  perform 
the  duties  of  watchmen,  each  of  whom  shall  receive  a  salary  of  nine  hundred 
dollars  per  annum. 

8.  The  salary  of  the  county  clerk  shall  be  four  thousand  dollars  per  annum; 
he  may  appoint  deputies  as  follows:  One  chief  deputy,  whose  salary  shall.be 
two  thousand  four  hundred  dollars  per  annum ;  twelve  court-room  clerks,  twelve 
registry  clerks,  each  of  whom  shall  receive  a  salary  of  one  thousand  eight  hun- 
der  dollars  per  annum;  twelve  assistant  registry  clerks,  each  of  whom  shall 
receive  a  salary  of  one  thousand  five  hundred  dollars  per  annum;  and  twelve 
copyists,  each  of  whom  shall  receive  a  salary  of  one  thousand  six  hundred  dollars 
per  annum ;  and  such  county  clerk,  when  the  exigencies  of  his  office  shall  require, 
may,  in  his  discretion,  employ  such  additional  copyists  as  shall  be  necessary,  at  a 
compensation  not  to  exceed  three  dollars  per  day  for  the  days  of  actual  service ; 
provided,  said  number  shall  not  exceed  at  any  one  time  three  copyists  for  each 
judge  of  the  superior  court,  to  be  parid  from  the  treasury  in  the  same  manner  as 
the  salaries  herein  provided  for  are  to  be  paid. 

9.  The  salary  of  the  district  attorney  shall  be  five  thousand  dollars  per  annum ; 
he  may  appoint  two  assistants,  who  shall  be  attorneys  of  the  supreme  court  of  this 
state,  each  of  whom  shall  receive  a  salary  of  two  thousand  four  hundred  dollars 
per  annum,  and  two  clerks,  who  shall  be  attorneys  of  the  supreme  court  of  the 
state,  each  of  whom  shall  receive  a  salary  of  one  thousand  five  hundred  dollars 
per  annum. 

10.  The  salary  of  the  city,  or  city  and  county,  attorney  shall  be  four  thousand 
dollars  per  annum ;  he  may  appoint  two  assistants,  who  shall  be  attorneys  of  the 
supreme  court  of  this  state,  each  of  whom  shall  receive  a  salary.of  two  thousand 
four  hundred  dollars  per  annum;  and  one  copyist,  who  shall  receive"  a  salary  of 
nine  hundred  dollars  per  annum. 

11.  The  salary  of  the  coroner  shall  be  three  thousand  dollars  per  annum ;  he 
may  appoint  two  deputies,  one  to  act  as  first  deputy,  whose  salary  shall  be  one 
thousand  six  hundred  dollars  per  annum,  the  other  to  act  as  second  deputy  and 


MUNICIPAL.     CORPORATIONS— GENERAL     POWERS — OFFICERS*     SALARIES.        753 

whose  salary  shall  be  one  thousand  five  hundred  dollars  per  annum;  and  one  mes- 
senger, to  take  charge  of  the  dead  wagon,  and  perform  such  other  duties  as  are 
required  by  the  coroner  or  his  deputies.  The  salary  of  the  messenger  shall  be 
nine  hundred  dollars  per  annum, 

12.  The  salary  of  superintendent  of  streets  shall  be  four  thousand  dollars  per 
annum ;  he  may  appoint  twenty  deputies ;  three  of  said  deputies  shall  receive  a 
salary  of  two  hundred  dollars  per  month  each,  and  seven  of  said  deputies  shall 
receive  a  salary  of  one  hundred  and  fifty  dollars  per  month  each,  and  ten  of  said 
deputies  shall  receive  a  salary  of  one  hundred  and  twenty-five  dollars  per  month 
each. 

13.  The  salary  of  the  city,  or  city  and  county,  surveyor,  shall  be  four  thousand 
dollars  per  annum ;  he  may  appoint  as  many  deputies,  not  to  exceed  four,  as  the 
municipal  council  shall  from  time  to  time  determine  are  necessary,  who  shall 
receive  such  compensation  as  such  municipal  council  shall  provide,  not  to  exceed 
the  sum  of  five  dollars  per  day  when  actually  employed. 

14.  The  salary  of  the  superintendent  of  schools  shall  be  three  thousand  dollars 
per  annum. 

15.  The  salary  of  each  of  the  police  judges  shall  be  four  thousand  dollars  per 
annum. 

16.  The  salary  of  the  prosecuting  attorney  of  the  police  court  shall  be  twenty- 
four  hundred  dollars  per  annum;  and  his  two  assistants  shall  each  receive  a 
salary  of  one  thousand  five  hundred  dollars  per  annum. 

17.  The  salary  of  the  presiding  justice  of  the  justices'  court  shall  be  three 
thousand  dollars  per  annum ;  and  each  of  the  other  justices  of  the  peace  shall 
receive  a  salary  of  two  thousand  four  hundred  dollars  per  annum. 

18.  The  salary  of  the  clerk  of  the  justices'  court  shall  be  two  thousand  four 
hundred  dollars  per  annum ;  his  two  deputies  shall  receive  a  salary  of  one  thou- 
sand two  hundred  dollars  per  annum. 

19.  The  salary  of  the  collector  of  licenses  shall  be  three  thousand  dollars  per 
annum.  He  may  appoint  one  chief  deputy,  who  shall  receive  one  thousand  eight 
hundred  dollars  per  annum,  and  twelve  deputies,  who  shall  receive  a  salary  of 
one  thousand  five  hundred  dollars  per  annum  each, 

§  27.  Any  officer  or  commissioner  of  such  city,  or  city  and  county,  or  any 
officer  or  member  of  any  house,  board,  or  department  of  the  government  thereof, 
who  shall  be  directly  or  indirectly  interested  in,  or  a  beneficiary  or  participant 
of,  the  profits  of  any  contract  made  with  or  for  such  city,  or  city  and  county,  or 
any  board  or  department  thereof,  or  who  shall  participate  in  the  profits  made  by 
any  person  or  persons  upon  services,  labor,  purchases,  sales,  subsistence,  supplies, 
materials,  or  any  article  or  thing  furnished  to  or  done  for  such  city,  or  city  and 
county,  or  any  institution,  public  work,  or  branch,  or  department  of  the  govern- 
ment thereof,  or  sold  by  the  same,  which  contract,  profit,  purchase,  sale,  or  supply 
is  made,  or  could  have  been  made,  influenced,  or  brought  about,  through  or  by 
means  of  the  official  action  or  conduct  of  such  officer,  commissioner,  or  member 
of  such  board,  except  the  official  salary  or  compensation  of  such  officer,  commis- 
sioner, or  member  of  such  board  or  department  provided  expressly  by  law,  shall 
be  deemed  guilty  of  a  felony,  and,  on  conviction  by  any  court  of  competent  juris- 
diction, punished  accordingly.  Any  commissioner,  officer,  clerk,  or  other  person 
having  custody  of  or  access  to  any  bids  or  proposals,  whether  sealed  or  otherwise, 

Gen.   Laws — 48 


754  MUNICIPAL     CORPORATIONS — LEGISLATIVE    DEPARTMENT. 

for  supplying  or  furnishing  any  goods,  provisions,  subsistence,  labor,  material, 
printing,  or  other  thing  of  any  nature,  or  constructing,  cleaning,  repairing  any 
work  or  thing,  or  doing  or  furnishing  anything  whatsoever  to  such  city  and 
county,  or  any  department,  board,  commissioner,  or  officer  thereof,  who  shall 
open  or  examine  into  any  one  or  more  of  such  bids,  proposals,  or  change,  inter- 
line, alter,  or  otherwise  tamper  with  the  same,  or  shall  purposely  find  out  the 
contents  thereof,  or  who  shall  aid,  abet,  assist,  or  permit  another  so  to  do,  before 
or  in  advance  of  the  time  prescribed  by  law  for  the  opening  thereof,  or  any  law- 
ful postponement  of  such  time,  shall  be  deemed  guilty  of  a  felony,  and,  on  con- 
viction by  any  court  of  competent  jurisdiction,  shall  be  punished  accordingly. 

§  28.  All  questions  of  differences  between  the  officers  of  such  city,  or  city  and 
county,  as  to  their  relative  duties,  may  be  referred  by  either  of  them  to  the  city, 
or  city  and  county,  attorney,  who  shall  examine  and  determine  such  questions, 
and  his  decision  shall  be  final  as  between  such  officers. 

§  29.  The  following  officers,  and  the  heads  of  the  following  departments  of 
such  city,  or  city  and  county,  shall  report  to  the  municipal  council  on  or  before 
the  first  day  of  August  of  each  year  the  condition  of  their  respective  departments 
during  the  fiscal  year  ending  June  thirtieth  previous  thereto,  embracing  all  their 
operations  and  expenditures :  Auditor,  assessor,  tax  collector,  county  clerk,  super- 
intendent of  streets,  fire  department,  hospital,  almshouse,  park  commissioners, 
treasurer,  sheriff,  county  recorder,  city  or  city  and  county  surveyor,  license  col- 
lector, public  schools,  fire-alarm  and  police  telegraph,  poundkeeper,  board  of 
health,  city  or  city  and  county  attorney,  industrial  school,  police,  coroner,  health 
officer,  justices'  court,  city-hall  commissioners,  home  for  the  care  of  the  inebriate, 
board  of  election  directors,  commissioner  of  elections,  house  of  correction,  city 
cemetery,  free  public  library,  and  the  building  committee  of  the  municipal  coun- 
cil. Immediately  after  the  first  Monday  in  February,  the  mayor  and  municipal 
council  shall  make  up  and  publish  an  extract  from  these  several  reports  and 
other  sources,  of  the  operations,  expenditures,  and  condition  of  all  departments 
of  government  of  such  city,  or  city  and  county. 

ARTICLE  in. LEGISLATIVE  DEPARTMENT. 

§  40.  The  legislative  power  of  such  city,  or  city  and  county,  shall  be  vested  in 
a  body  to  be  styled  the  "Municipal  Council,"  which  shall  be  composed  of  two 
boards  or  houses  of  legislation,  one  to  be  called  the  "Board  of  Aldermen,"  and 
the  other  the  "House  of  Assistant  Aldermen." 

§  41.  The  board  of  aldermen  shall  consist  of  twelve  persons,  to  be  elected  by 
general  ticket,  from  the  city,  or  city  and  county,  at  large,  the  members  of  which 
shall  hold  office  for  the  term  of  four  years,  to  commence  on  the  first  Monday  after 
the  first  day  of  January  next  following  their  election,  except  that  of  the  alder- 
men, who  are  elected  at  the  first  election  under  this  chapter ;  the  six  receiving  the 
smallest  number  of  votes  shall  hold  their  office  for  two  years  only ;  so  that  there- 
after only  six  shall  be  elected  every  two  years.  In  case  of  a  ti?  vote  at  such  first 
election,  the  question  of  which  aldermen  shall  hold  the  full  and  which  the  short 
term  shall  be  determined  between  the  candidates  so  tied  by  lot.  The  aldermen 
shall  receive  each  a  salary  of  one  thousand  two  hundred  dollars  a  year,  payable 
in  monthly  instalments,  out  of  the  general  fund. 

§  42.     The  board  of  aldermen  shall  appoint  a  secretary,  with  a  salary  not  to 


MUNICIPAL.    CORPORATIONS — LEGISLATIVE    DEPARTMENT — ALDERMEN.        755 

exceed  two  hundred  dollars  a  month,  who  shall  keep  the  records  of  said  board. 
He  shall  hold  office  during  the  pleasure  of  the  board.  He  shall  have  power  to 
administer  oaths  and  affirmations  in  all  cases,  and  to  certify  and  authenticate 
copies  of  all  records,  papers,  and  documents  in  his  official  custody,  and  shall  per- 
form any  other  services  required  by  the  board. 

§  43.  The  house  of  assistant  aldermen  shall  consist  of  twelve  persons,  to  be 
elected  every  two  years,  one  each  by  the  qualified  electors  of  the  respective  wards, 
into  twelve  of  w^hich  such  city,  or  city  and  county,  shall  be  divided  for  such  pur- 
pose. The  assistant  aldermen  shall  hold  office  for  the  term  of  two  years,  to  com- 
mence on  the  first  Monday  after  the  first  day  of  January  next  following  their 
election,  and  shall  receive  each  a  salary  of  one  thousand  two  hundred  dollars  a 
year,  payable  monthly  out  of  the  general  fund. 

§  44.  The  house  of  assistant  aldermen  may  appoint  a  clerk,  who  shall  keep 
their  records,  and  hold  office  during  their  pleasure.  He  shall  have  a  salary  not  to 
exceed  two  hundred  dollars  a  month;  shall  have  power  to  administer  oaths  and 
affirmations,  and  to  certify  and  authenticate  all  records,  documents,  and  papers 
in  his  official  custody.  He  shall  perform  any  other  services  required  of  him  by 
the  house. 

§  45.  Any  vacancy  occurring  in  either  board  shall  be  filled  by  the  mayor ;  and 
the  person  appointed  to  fill  such  vacancy  shall  hold  office  till  the  next  election  by 
the  people,  and  until  his  successor  is  qualified. 

§  46.  Every  member  of  the  board  of  aldermen  shall  be  a  qualified  voter,  at 
least  twenty-five  years  of  age,  and  shall  have  been  a  citizen  of  the  United  States 
and  of  this  state,  and  a  resident  of  such  city,  or  city  and  county,  for  three  years 
next  before  his  election  or  appointment. 

§  47.  Every  member  of  the  house  of  assistant  aldermen  shall  be  a  qualified 
voter,  at  least  twenty-five  years  of  age,  shall  have  been  a  citizen  of  the  United 
States  and  of  this  state,  and  a  resident  of  such  city,  or  city  and  county,  at  least 
two  years,  and  of  the  ward  from  which  he  is  elected  or  appointed  at  least  one 
year  next  before  his  election  or  appointment. 

§  48.  Every  member  of  either  branch  of  the  municipal  council  shall,  at  all 
times  during  his  incumbency  of  said  office,  possess  the  following  qualifications: 
He  shall  not  be,  directly  or  indirectly,  interested  in  any  contract  with  such  city, 
or  city  and  county,  or  any  department  or  institution  thereof.  He  shall  not  have 
been  convicted  of  malfeasance  in  office,  bribery,  or  other  corrupt  practices  or 
crimes.  Any  member  who  fails  to  possess,  or  who  shall  at  any  time  during  his 
term  of  office  cease  to  possess,  any  of  the  qualifications  mentioned  in  this  act  as 
a  qualification  shall  thereby  forfeit  his  seat  in  the  board  or  house  to  which  he 
belongs,  and  the  vacancy  shall  be  filled  as  in  other  cases.  If  any  member  of 
either  branch  absent  himself  from  the  state,  or  neglect  to  attend  the  meeting  of 
the  board  or  house  to  which  he  belongs,  for  a  period  of  thirty  days,  his  office  shall 
be  declared  vacant  by  said  board,  and  a  successor  must  be  appointed,  to  hold  till 
the  next  election  by  the  people,  as  provided  in  other  cases. 

§  49.  Each  board  or  house  shall  elect  its  own  officers,  except  as  to  the  presid- 
ing officer  of  the  board  of  aldermen.  The  mayor  shall  preside  at  all  the  sessions 
of  the  board  of  aldermen,  without  the  right  to  vote.  In  his  absence,  during  any 
session,  the  board  shall  appoint  one  of  its  members  as  president  pro  tempore,  who 


756  MUNICIPAL    CORPORATIONS — LEGISLATIVE    DEPARTMENT — SESSIONS. 

shall,  however,  have  the  same  right  to  vote  as  other  members.  Each  house  shall 
he  the  judge  of  the  election  returns  and  qualifications  of  its  own  members,  and 
may  determine  the  rules  of  its  own  proceedings,  except  as  herein  provided.  Each 
house  shall  keep  a  record  of  its  acts,  and  allow  the  same  to  be  published,  and  the 
yeas  and  nays  on  any  question  shall,  at  the  request  of  any  member,  be  entered  on 
the  journal  of  the  house ;  may  arrest  and  punish  by  fine,  not  exceeding  five  hun- 
dred dollars,  or  imprisonment  as  provided  by  ordinance,  not  exceeding  thirty 
days,  or  both,  any  person  not  a  member  who  shall  be  guilty  of  disrespect  to  the 
board  or  house  by  disorderly  or  contemptuous  behavior  in  its  presence  during  its 
session ;  may  punish  its  members  for  disorderly  conduct,  and,  with  the  concur- 
rence of  two  thirds  of  all  the  members  elect,  may  expel  a  member, 

§  50.  The  house  of  assistant  aldermen  shall  elect  one  of  their  own  number 
presiding  officer  of  said  house,  who  shall  be  designated  as  the  "chairman" 
thereof.  A  majority  of  the  members  of  either  house  shall  constitute  a  quorum 
to  do  business ;  and  no  regulation,  resolution,  ordinance,  or  order  of  either  house 
can  pass  without  the  concurrence  of  a  majority  of  all  the  members  elected  or 
appointed  to  such  house;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  compel  the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  the  house  or  board  may  provide. 

§  51.  All  sessions,  acts,  and  resolutions  of  each  house  shall  be  public.  Neither 
house  shall,  without  the  consent  of  the  other,  adjourn  for  more  than  seven  days 
at  any  one  time,  nor  to  any  other  place  than  that  in  which  the  two  houses  may 
be  sitting. 

§  52.  No  member  of  the  municipal  council  shall,  during  the  time  for  which 
he  is  elected,  be  eligible  or  appointed  to  any  other  office  under  the  city,  or  city 
and  county,  except  such  offices  as  may  be  filled  by  election  by  the  people,  nor  shall 
any  member,  while  such,  be  an  employee  of  such  city,  or  city  and  county,  or  any 
board  or  department  thereof,  or  of  either  branch  of  the  municipal  council,  in 
any  capacity  whatever ;  and  no  compensation  shall  be  audited  or  paid  for  services 
as  such  officer  or  employee;  and  no  act,  ordinance,  or  resolutions  shall  ever  be 
passed  whereby  any  member  of  either  house  shall  become  the  disbursing  officer 
of  such  city,  or  city  and  county,  or  any  board  or  department  thereof,  or  pay  out 
any  of  its  money  upon  any  pretense  whatever. 

§  53.  No  member  of  the  municipal  council,  or  of  the  board  of  education,  or 
any  officer  of  such  city,  or  city  and  county,  or  of  any  ward  thereof,  shall  have 
any  power  to  contract  any  debt  or  liability  whatsoever  against  such  city,  or  city 
and  county,  nor  shall  the  people,  or  taxpayers,  or  any  property  therein,  ever  be 
liable  to  be  assessed  for  or  on  account  of  any  debt  or  liability  hereafter  con- 
tracted, or  attempted  to  be  contracted,  in  contravention  of  this  chapter. 

§  54.  The  municipal  council  shall  appoint  a  joint  committee  of  five,  three 
from  the  board  of  aldermen,  and  two  from  the  house  of  assistant  aldermen,  to  be 
denominated  the  "Finance  Committee,"  which  committee  may  at  any  time,  and 
shall  whenever  required  by  the  municipal  council,  or  either  branch  thereof, 
investigate  the  transactions  and  accounts  of  any  and  all  officers  appertaining  to 
the  government  of  such  city,  or  city  and  county,  having  the  collection,  custody, 
or  disbursement  of  public  money,  or  having  the  power  to  approve,  allow,  or 
audit  demands  on  the  treasurer,  and  report  thereon  to  the  municipal  council. 


MUNICIPAIi     CORPORATIONS— LEGISLATIVE     DEPARTMENT.  757 

Said  committee  shall  have  full  power  to  send  for  all  persons  and  papers,  and 
enter  into,  examine,  inquire,  and  investigate  all  offices  and  places,  to  administer 
oaths  and  affirmations,  to  examine  vs^itnesses,  and  compel  their  attendance  by 
subpoena  and  attachment  for  contempt,  and  the  production  of  records,  books, 
and  papers,  and  may  imprison  in  the  city  or  county  jail  any  person  refusing  to 
appear  or  testify,  as  well  as  any  officer  or  person  failing  or  refusing  obedience  to 
the  orders  to  show  records,  papers,  or  books,  or  to  testify  when  required  so  to  do. 
The  sheriff  or  any  policeman  of  such  city,  or  city  and  county,  shall  enforce  all 
orders  of  said  committee,  and  attend  upon  it  in  like  manner  as  upon  courts  of 
record.    The  mayor  may  be  present  and  participate  in  such  investigations. 

§  55.  The  municipal  council  shall  meet  on  the  first  Monday  after  the  first  day 
of  January,  and  on  the  first  Mondays  of  April,  July,  and  October  of  each  year, 
and  at  such  other  times  as  required  by  law,  and  may  be  specially  convoked  by  the 
mayor  as  herein  provided. 

§  56,  No  ordinance  shall  be  passed  except  by  bill,  and  no  bill  shall  be  so 
amended  in  its  passage  as  to  change  its  original  object.  No  bill  shall  contain 
more  than  one  subject,  which  shall  be  expressed  by  its  title.  On  the  final  passage 
of  all  bills  the  vote  shall  be  by  "yeas"  and  "nays"  upon  each  bill,  separately, 
and  the  names  of  the  members  voting  for  and  against  the  same  shall  be  entered 
on  the  journal.  Bills  may  originate  in  either  house,  and  no  bill  shall  be  pa.ssed  by 
either  house  except  by  a  majority  vote  of  all  the  members  elected  or  appointed  to 
either  house. 

§  57.  No  amendments  to  bills  by  either  house  shall  be  concurred  in  by  the 
other  except  by  a  vote  of  a  majority  of  all  the  members  elected  or  appointed 
thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting  for  and  against 
recorded  upon  the  journal  thereof;  and  reports  of  committees  of  conference 
shall  be  adopted  by  either  house  only  by  the  vote  of  a  majority  of  all  the 
members  elected  thereto,  taken  by  "yeas"  and  "nays,"  and  the  names  of  those 
voting  recorded  upon  the  journals. 

§  58.  No  ordinance  shall  be  revived,  re-enacted,  or  amended,  by  mere  refer- 
ence to  its  title,  but  such  ordinance  or  section  shall  [be]  set  forth  at  length,  as  if 
it  revived,  re-enacted,  or  amended. 

§  59.  When  a  bill  is  put  upon  its  final  passage  in  either  house,  and  failing  to 
pass,  a  motion  is  made  to  reconsider  the  vote  by  which  it  was  defeated, 'the  vote 
upon  such  motion  to  reconsider  shall  be  taken  up,  and  the  subject  finally  dis- 
posed of  at  the  next  meeting  of  the  council,  unless  such  house,  by  a  two-thirds 
vote,  decides  to  act  upon  such  reconsideration  at  the  same  meeting. 

§  60.  No  bill  shall  become  an  ordinance  until  the  same  shall  have  been  signed 
by  the  presiding  officer  of  each  of  the  two  houses  in  open  session,  in  authentica- 
tion of  its  adoption  by  such  house.  In  signing  such  bill  for  authentication,  the 
presiding  officer  shall  call  the  attention  of  the  house  to  the  bill,  and  that  he  is 
about  to  sign  it,  and  if  any  member  request,  the  bill  shall  be  read  at  length  for 
information  as  to  its  correctness  as  enrolled.  If  any  member  object  that  the  bill 
is  not  the  same  in  substance  and  form  as  when  considered  and  passed  by  the 
house,  such  objection  shall  be  passed  upon,  and  if  sustained,  the  presiding  officer 
shall  withhold  his  signature,  and  the  bill  shall  then  be  corrected,  and  finally  dis- 
posed of,  and  signed,  before  the  house  proceeds  to  any  other  business. 

§  61.     No  general  appropriation  act  or  authorization  shall  ever  be  passed,  but 


758         MUNICIPAL    CORPORATIONS — LEGISLATIVE    DEPARTMENT — BILLS,    ETC. 

all  appropriations  shall  be  for  the  specific  amount  of  the  claim  to  be  paid,  and 
no  more;  and  each  ordinance  or  resolution  authorizing  the  payment  of  money 
shall  contain  one  claim  only,  which  shall  be  expressed  in  the  title.  Every  ordi- 
nance or  resolution  of  the  municipal  council  providing  for  any  specific  improve- 
ment, the  granting  of  any  privilege,  or  involving  the  lease  or  appropriation  of 
public  propert}^,  or  the  expenditures  of  public  moneys,  except  for  sums  less  than 
five  hundred  dollars,  or  levying  tax  or  assessment,  and  every  ordinance  or  reso- 
lution imposing  a  new  duty  or  penalty,  shall,  after  its  introduction  in  either 
house,  be  published,  with  the  "yeas"  and  nays,"  in  a  newspaper  doing  the  city 
and  county  printing,  at  least  five  successive  days  before  final  action  upon  the 
same  by  the  house  in  which  it  was  introduced;  and  in  case  such  ordinance  or 
resolution  shall  be  amended  before  final  passage  in  said  house,  then  the  bill  as 
amended,  shall  be  so  published,  in  the  same  manner,  before  final  action  by  such 
house  thereon;  and  every  such  ordinance,  after  the  same  shall  have  passed  both 
houses,  shall,  before  it  takes  effect,  be  presented  to  the  mayor  for  his  approval. 
If  he  approves,  he  shall  sign  it ;  if  not,  he  shall  return  it  within  ten  days  to  the 
house  in  which  the  same  originated,  with  his  objections  in  writing.  Said  house 
shall  then  enter  the  objections  on  the  journal,  and  publish  them  in  the  newspaper 
doing  the  city  printing.  At  the  next  stated  meeting  thereafter,  said  house  shall 
proceed  to  reconsider  such  bill.  If,  after  such  reconsideration,  it  again  passes 
both  houses  by  the  votes  of  nine  of  the  members  elected  or  appointed  to  each 
house  voting  therefor,  it  shall  become  a  law,  notwithstanding  the  mayor's  objec- 
tions. Should  any  such  ordinance  or  resolution  not  be  returned  by  the  mayor 
within  ten  days  after  he  receives  it,  it  shall  become  valid,  the  same  as  if  it  had 
received  his  signature.  Where  a  claim  against  the  treasury  amounts  to  more  than 
five  hundred  dollars,  it  shall  not  be  lawful  to  divide  or  break  up  the  same  into 
several  sums  of  less  than  that  amount  so  as  to  evade  the  provisions  of  this  section 
concerning  claims;  and  any  effort  or  attempt  to  accomplish  such  unlawful 
division,  or  breaking  up  a  claim,  shall  be  deemed,  as  to  every  member  of  the 
municipal  council  or  other  officer  consenting  thereto,  or  aiding  the  same,  a  mis- 
demeanor in  office,  and  be  cause  for  his  removal.  All  ordinances  authorizing  the 
payment  of  any  money  out  of  the  treasury,  or  any  claim  thereon,  shall  be  referred 
to  the  appropriate  standing  committee  of  the  house  where  the  bill  is  introduced, 
who  shall  present  the  same  to  the  auditor,  in  order  that  he  may  certify  that  there 
is  sufficient  money  in  the  proper  fund  out  of  which  such  claim  can  lawfully  be 
paid,  and  that  such  appropriation  can  be  made  without  violating  the  provisions 
of  this  chapter;  and  until  the  auditor  certifies  in  writing,  signed  by  his  name, 
that  there  is  sufficient  money  in  the  proper  fund,  and  that  the  authorization  can 
be  made  without  violating  the  provisions  of  this  chapter,  no  further  proceedings 
shall  be  had  with  such  bill.  It  shall  be  the  duty  of  the  auditor  with  reasonable 
promptness  to  ascertain  the  facts,  and  to  give  the  certificate  when  the  facts 
warrant  him  in  doing  so,  and  not  otherwise. 

§  62.  The  powers  of  the  municipal  council,  and  all  other  boards,  commission- 
ers, and  officers,  are  those  specially  named  in  this  chapter,  and  they  are  pro- 
hibited from  exercising  any  other. 

§63.     The  enacting  clause  of  ordinances  shall  be  in  the  following  terms: 

"The  municipal  council  of  the  city  and  county  of (or  city  of ,  as  the 

case  may  be),  hereby  ordains  as  follows." 


r- .  MUNICIPAIi    CORPORATIONS — LEGISLATIVE    DEPARTMENT — POWER.  759 

§  64.  The  municipal  council  shall  further  have  power  by  regulation  or  ordi- 
nance : 

1.  To  provide  for  the  security,  custody,  and  administration  of  all  property  of 
such  city,  or  city  and  county,  and  to  purchase  land  required  for  municipal  pur- 
poses without  any  power  to  sell  or  encumber  the  same,  or  lease  any  part  thereof 
for  more  than  three  years;  except,  however,  that  such  personal  property  belong- 
ing to  the  fire,  street,  or  other  departments,  as  they  deem  unsuited  to  the  uses 
and  purposes  for  which  the  same  was  designed,  or  so  much  worn  and  dilapidated 
as  not  to  be  worth  repairing,  may  be  sold  or  exchanged. 

2.  To  provide  for  cases  omitted  in  this  chapter,  and  in  conformity  wdth  the 
principles  adopted  in  it,  for  opening,  altering,  extending,  constructing,  repair- 
ing, or  otherwise  improving  public  streets  and  highways  at  the  expense  of  the 
property  benefited  thereby,  without  any  recourse  in  any  event  upon  such  city,  or 
city  and  county,  or  the  public  treasury,  for  any  portion  of  the  expense  of  such 
work,  or  any  delinquency  of  the  property  holders  or  owners. 

3.  To  provide  for  lighting  the  streets.  But  no  contract  for  lighting  streets  or. 
public  buildings  shall  ever  be  made  for  more  than  one  year  in  duration ;  nor  shall 
any  contract  to  pay  more  for  gas  or  other  illuminating  material  than  is  legally 
charged  to  ordinary  consumers,  or  than  the  usual  market  rates,  be  valid. 

4.  To  provide  w^ater  for  all  municipal  purposes,  and  to  pay  for  the  same  where 
lawful  and  necessary.  In  case  water  is  supplied  to  such  city,  or  city  and  county, 
for  municipal  purposes,  any  person,  corporation,  or  association  holding  a  valid 
franchise  under  the  laws  of  this  state  to  collect  water  rates  for  the  use  of  water, 
then  such  city,  or  city  and  county,  when  it  is  lawful  and  necessary,  shall  pay  the 
lawful  rates,  and  no  more,  as  established  each  year  for  water  supplied  for  other 
than  municipal  purposes ;  and  it  shall  not  be  lawful  to  make  any  special  contract 
with  such  person,  corporation,  or  association  for  water  so  as  to  vary  from  the 
rates  fixed  by  law. 

5.  To  regulate  market-houses  and  market-places. 

6.  To  provide  for  inclosing,  improving,  and  regulating  all  public  grounds  of 
such  city,  or  city  and  county. 

7.  To  prohibit  the  erection  of  wooden  buildings  or  structures  within  any  fixed 
limits  where  the  streets  have  been  established  and  graded,  or  ordered  to  be  graded, 
or  to  restrict  and  limit  the  height  of  such  buildings  or  structures;  to  regulate 
the  sale,  storage,  and  use  of  gunpowder,  and  to  restrict  the  limits  within  which 
may  be  manufactured  or  kept  giant  powder,  dynamite,  nitroglycerin,  or  other 
explosive  or  combustible  materials  and  substances,  and  the  maintenance  of  acid 
works;  and  make  all  useful  regulations  in  relation  to  the  manufacture,  storage, 
and  transportation  of  all  such  substances,  and  the  maintenance  of  acid  works, 
slaughter-houses,  brick  burning,  tanneries,  and  all  other  manufactures  and 
works  of  every  description  that  may  jeopardize  the  public  safety,  and  to  exclude 
them  from  the  city,  or  city  and  county,  when  necessary,  or  to  restrict  them,  or 
any  of  them,  to  a  district.  To  make  all  necessary  regulations  for  protection 
against  fire,  as  well  as  such  rules  and  regulations  concerning  the  erection  and  use 
of  buildings  as  may  be  necessary  for  the  safety  of  the  inhabitants. 

8.  To  permit  the  laying  down  of  railroad  tracks  and  the  running  of  cars 
thereon  along  any  street,  or  portion  of  street,  for  the  sole  purpose  of  excavating 


760  MUNICIPAL    CORPORATIONS — LEGISLATIVE    DEPARTMENT — POAVER. 

and  filling  in  a  street,  or  a  portion  of  a  street,  or  adjoining  lots,  and  for  such 
limited  time  as  may  be  necessary  for  the  purpose  aforesaid,  and  no  longer. 

9.  To  determine  the  fines,  forfeitures,  and  penalties  that  shall  be  incurred  for 
the  breach  of  regulations  established  by  the  said  municipal  council,  and  also  for 
a  violation  of  the  provisions  of  this  chapter,  where  no  penalty  is  aifixed  thereto 
or  provided  by  law;  but  no  penalty  to  be  imposed  shall  exceed  the  amount  of 
one  thousand  dollars,  or  six  months'  imprisonment,  or  both.  And  every  violation 
of  any  lawful  order  or  regulation,  or  ordinances  of  the  municipal  council,  is 
hereby  declared  a  misdemeanor  or  public  offense,  and  all  prosecutions  for  the 
same  shall  be  in  the  name  of  the  people  of  the  state  of  California. 

10.  To  regulate  and  provide  for  the  employment  of  prisoners  sentenced  to 
labor  on  the  public  works  of  such  city,  or  city  and  county,  and  to  maintain  and 
regulate  city,  or  city  and  county,  jails  and  prisons,  with  manufacturing  or  other 
laboring  establishments,  or  appliances  connected  therewith. 

11.  To  provide  a  suitable  office  and  jury  room,  and  dead-house  or  morgue, 
with  the  furniture  necessary  to  enable  the  coroner  to  efficiently  discharge  the 
duties  of  his  office,  and  to  make  the  necessary  appropriation  therefor;  and  to 
audit  and  pay  for  the  necessary  expenses  of  maintaining  the  morgue  and  offices 
attached,  such  sum  as  may  be  necessary,  not  to  exceed  seventy-five  dollars  per 
month,  out  of  the  general  fund. 

12.  To  maintain  and  regulate  a  home  of  [for]  the  inebriate,  in  its  discretion. 

13.  To  provide  and  maintain  a  city  prison. 

14.  To  maintain  and  improve  the  city  cemeteries,  and  to  pay  out  of  the  general 
fund  a  keeper  thereof,  to  be  appointed  by  the  board  of  health,  at  a  salary  not  to 
exceed  one  hundred  dollars  a  month. 

15.  To  license  and  regulate  hackney  carriages  and  other  public  passenger 
vehicles,  and  to  fix  the  rates  to  be  charged  for  the  transportation  of  persons, 
baggage,  goods,  merchandise,  and  property,  or  either,  thereon ;  and  to  license 
and  regulate  all  vehicles  used  for  the  conveyance  of  merchandise,  earth,  and 
ballast,  or  either ;  and  also  to  license  and  regulate  persons  and  parties  employed 
in  conveying  baggage,  property,  and  merchandise,  or  either,  to  or  from  any  of 
the  wharves,  slips,  bulkheads,  or  railroad  stations  within  the  limits  of  such  city, 
or  city  and  county;  to  fix  and  establish  the  amount  of  every  license  paid  into  the 
city,  or  city  and  county,  treasury  for  city,  or  city  and  county,  purposes ;  to  pro- 
vide for  the  summary  removal  and  disposition  of  any  or  all  vehicles  found  in  the 
streets,  highways,  and  public  squares  during  certain  hours  of  the  day  or  night, 
to  be  designated  by  the  council;  and,  in  addition  to  all  other  remedies,  to  provide 
by  regulation  for  the  sale  or  other  disposition  of  such  vehicles;  to  protect  the 
public  from  injury  by  runaways,  by  punishing  persons  who  negligently  leave 
horses  or  carriages  in  the  street;  to  prescribe  the  width  of  the  tires  of  all  drays, 
trucks,  and  carts,  in  accordance  with  the  weight  to  be  carried  thereby,  for  the 
preservation  of  the  streets  and  highways. 

16.  To  regulate,  license,  and  control  the  business  of  keeping  intelligence  offices, 
prescribe  the  method  of  conducting  said  business,  and  to  enforce,  by  fines  and 
penalties,  the  payment  of  the  license,  and  any  violation  of  the  regulation  touching 
said  business.  To  license  and  regulate  pawnbrokers,  and  to  enact  regulations 
to  protect  the  public  in  dealing  with  them. 

17.  To  fix  the  fees  and  charges  to  be  collected  by  the  surveyor  of  such  city,  or 


MUNICIPAL.   CORPORATIONS— LEGISLATIVE   DEPARTMENT— POWERS.  761 

city  and  county,  for  certificates  of  surveys  for  buildings  or  other  purposes,  and  to 
provide  for  a  sufficient  corps  of  deputy  surveyors  to  perform  such  work,  to  be 
paid  from  such  fees  only ;  also,  to  regulate  the  fees  to  be  charged  by  the  superin- 
tendent of  streets,  the  county  recorder,  and  any  and  all  other  municipal  officers 
where  their  fees  are  not  otherwise  fixed  by  law,  and  compel  the  payment  of  all 
such  fees  and  charges  into  the  city  and  county  treasury  into  the  proper  fund, 
in  accordance  with  the  provisions  of  this  act. 

18.  To  license  and  regulate,  for  the  purposes  of  city,  or  city  and  county,  rev- 
enue, all  such  callings,  trades,  and  employments  as  the  public  good  may  require 
to  be  licensed  and  regulated,  and  as  are  not  prohibited  by  law;  to  provide  for 
and  enforce,  with  penalties  or  otherwise,  the  collection  and  due  payment  into  the 
city,  or  city  and  county,  treasury  of  all  moneys  so  due  or  raised,  and  to  make  all 
needful  rules  and  regulations  to  govern  the  official  conduct  and  duties  of  the 
collector  of  licenses. 

19.  To  provide  and  pay  for  the  construction  and  repair  of  hydrants,  fire  plugs, 
cisterns,  and  pumps  in  the  streets. 

20.  To  allow  and  order  paid  out  of  the  general  fund  a  sum  not  to  exceed  three 
thousand  dollars  in  any  year,  for  the  celebration  in  such  city,  or  city  and  county, 
of  the  anniversary  of  our  national  independence. 

21.  To  allow  and  order  paid  out  of  the  general  fund  for  the  election  expenses 
of  such  city,  or  city  and  county,  not  to  exceed  forty  dollars  for  each  election 
precinct  for  each  election  in  said  city,  or  city  and  county. 

22.  To  provide  ways  and  means  for  the  prosecution  of  the  claims  of  such  city, 
or  city  and  county,  to  any  land  or  other  property  or  ri^ht  claimed  by  such 
municipality. 

23.  To  provide  for  the  appointment  by  the  mayor  of  a  weigher  of  coal,  wdth- 
out  salary,  and  to  regulate  and  define  his  duties,  and  establish  rates  of  charges  to 
be  collected  from  persons  requiring  his  services,  and  for  his  compensation  from 
such  rates  and  charges  alone,  and  wdth  no  claim  upon  such  city,  or  city  and 
county. 

24.  To  authorize  and  direct  the  summary  abatement  of  nuisances ;  to  make  all 
regulations  which  may  be  necessary  or  expedient  for  the  preservation  of  the 
public  health  and  the  prevention  of  contagious  diseases;  to  provide  fines  and 
penalties  against  individuals  who  may  be  guilty  of  maintaining  any  nuisances, 
and  enforcing  the  same  until  such  nuisance  be  removed  or  abated;  to  provide 
by  regulation  for  the  prevention  and  summary  removal  of  all  nuisances 
and  obstructions  in  the  streets,  alleys,  highways,  and  public  grounds  of 
such  city,  or  city  and  county,  and  to  prevent  or  regulate  the  running  at  large 
of  dogs,  and  to  authorize  the  destruction  of  the  same  when  at  large  contrary 
to  ordinance. 

25.  To  prohibit,  suppress,  regulate,  or  exclude  from  certain  limits  all  houses 
of  ill-fame,  prostitution,  and  gaming ;  to  prohibit,  suppress,  regulate,  or  exclude 
from  certain  limits  all  occupations,  houses,  places,  pastimes,  amusements,  ex- 
hibitions, and  practices  which  are  against  good  morals,  contrary  to  public  order 
and  decency,  or  dangerous  to  the  public  safety. 

26.  To  require,  by  ordinance,  all  contractors  for  street  work,  or  other  persons 
lawfully  undertaking  to  improve,  grade,  or  alter  streets  or  public  highways,  to 
erect  fences  or  barriers,  to  keep  lights  at  night,  and  to  take  other  necessary  pre- 


762  MUNICIPAL.   CORPORATIONS — LEGISLATIVE   DEPARTMENT — POWERS. 

cautions  to  protect  the  public  from  damage,  loss,  or  accident  by  reason  of  such 
grading,  alteration,  or  improvement,  and  to  fix  and  prescribe  penalties  for  the 
violation  of  the  provisions  of  such  ordinance. 

27.  To  provide  for  the  safe-keeping  and  disposition  of  lost,  stolen,  or  unclaimed 
property  of  every  kind,  which  may  at  any  time  be  in  the  possession  or  under  the 
control  of  the  police  of  such  city,  or  city  and  county. 

28.  To  regulate,  and  when  necessary  to  suppress,  all  public  demonstrations  and 
processions  which  interfere  with  public  traffic. 

29.  To  appoint  a  fire  marshal.  Such  appointment  shall  be  made  on  the  nom- 
ination of  the  board  of  fire  underwriters  of  such  city,  or  city  and  county,  if  such 
board  shall  exist  therein.  If  more  than  one  such  board  shall  exist  therein, 
then  upon  the  nomination  of  the  board  which  shall  have  been  longest  organized. 
His  salary  shall  be  fixed  and  paid  by  such  board  of  fire  underwriters.  Such 
fire  marshal  shall,  before  entering  upon  the  office,  take  and  subscribe  the  oath 
of  office,  and  execute  a  bond  to  the  state  of  California  in  the  sum  of  five  thou- 
sand dollars,  with  two  or  more  sureties,  to  be  approved  by  a  judge  of  the 
superior  court,  for  the  faithful  discharge  of  his  duties.  Any  person  aggrieved 
by  any  misconduct  of  such  marshal,  or  his  deputy,  may  bring  an  action  in  his 
own  name  upon  such  official  bond,  which  bond  shall  be  filed  in  the  office  of 
the  county  clerk.  It  shall  be  the  duty  of  such  fire  marshal  to  attend  all  fires 
which  may  occur  in  such  city,  or  city  and  county,  with  a  badge  of  office  con- 
spicuously displayed.  He  shall  take  charge  of  and  protect  all  property  which 
may  be  imperiled  at  any  such  fire,  and  safely  keep  the  same  under  his  possession 
and  control  until  satisfactory  proof  of  ownership  be  made  thereto ;  and  shall, 
as  far  as  practicable,  prevent  such  property  from  being  injured  at  such  fire, 
and  direct,  when  in  his  opinion  it  shall  be  necessary,  the  removal  of  goods, 
merchandise,  and  other  property  to  a  place  of  safety.  He  shall  be  authorized 
and  empowered  to  exercise  the  functions  of  a  peace-officer  of  such  city,  or  city 
and  county.  Any  person  who  shall  wilfully  hinder  or  obstruct  said  officer  in 
the  lawful  discharge  of  his  duties  shall  be  deemed  guilty  of  a  misdemeanor; 
provided,  however,  that  iiothing  herein  contained  shall  be  so  construed  as  to 
authorize  such  fire  marshal  to  interfere  in  any  manner  with  the  proper  dis- 
charge of  the  lawful  duties  and  authority  of  any  chief  engineer  of  any  fire  de- 
partment of  such  city  and  county.  It  shall  be  the  duty  of  such  fire  marshal  to 
institute  investigations  into  the  cause  of  such  fires  as  occur  in  such  city,  or 
city  and  county;  and  for  this  purpose  he  shall  have  power  to  issue  subpoenas 
and  administer  oaths,  and  compel  the  attendance  of  witnesses  before  him  by 
attachment  or  otherwise.  All  subpoenas  issued  by  him  shall  be  in  such  form  as 
he  may  prescribe,  and  shall  be  directed  to  and  served  by  any  police  officer, 
or  by  any  peace-officer  of  such  city,  or  city  and  county.  And  witness  who  re- 
fuses to  attend  or  testify  in  obedience  to  such  subpoena  shall  be  deemed  guilty 
of  contempt,  and  be  punishable  by  him  as  in  cases  of  contempt  in  justices' 
courts  in  civil  eases.  He  shall  make  a  written  report  of  the  testimony  to  the 
district  attorney,  and  institute  criminal  prosecutions  in  all  cases  in  which  there 
appears  to  him  to  be  a  reasonable  and  probable  cause  for  believing  that  a  fire 
has  been  caused  by  design.  It  shall  be  the  duty  of  such  fire  marshal  to  aid  in 
the  enforcement  of  the  fire  ordinances  of  such  city,  or  city  and  county,  and  for 
this  purpose  he  is  duly  authorized  to  visit  and  examine  all  buildings  in  process 


MUNICIPAL  CORPORATIONS— LEGISLATIVE  DEPARTMENT— POWERS.  703 

of  erection  or  undergoing  repairs,  and  to  institute  prosecutions  for  all  violations 
of  the  ordinances  of  such  city,  or  city  and  county,  which  relate  to  the  erection, 
alteration,  or  repairs  of  buildings,  and  for  the  prevention  of  fires.  He  shall 
exercise  such  additional  powers  as  may  be  conferred  upon  him  by  the  ordi- 
nances of  such  city,  or  city  and  county,  to  enable  him  fully  to  carry  out  the  ob- 
ject and  purpose  of  his  appointment,  and  for  the  prevention  of  fires.  He  shall 
have  power  to  appoint  a  deputy,  who  may  exercise  all  the  powers  and  per- 
form all  the  duties  of  such  marshal.  The  salary  of  such  deputy  shall  be 
paid  in  the  same  manner  as  the  fire  marshal.  Any  person  who  saves  from 
fire,  or  from  a  building  endangered  by  fire,  any  property,  and  who  wil- 
fully neglects  for  two  days  to  give  notice  to  such  fire  marshal,  or  to  the  owner 
of  such  property,  of  his  possession  thereof,  shall  be  deemed  guilty  of  grand  or 
petit  larceny,  as  the  case  may  be,  according  to  the  value  of  said  property ;  and 
any  person  who  shall  be  guilty  of  false  swearing  in  any  investigation  under  this 
subdivision  shall  be  deemed  guilty  of  perjury,  and,  upon  conviction  thereof, 
shall  be  punished  therefor  as  in  other  cases  of  perjury.  Such  fire  marshal 
may  be  removed  at  any  time  by  the  same  power  or  powers  that  appointed  him. 
And  in  case  of  the  removal,  resignation,  or  death  of  such  fire  marshal,  his  suc- 
cessor shall  be  appointed  in  the  same  manner  as  hereinbefore  provided.  Such 
fire  marshal  is  hereby  authorized  and  empowered  to  appoint  one  or  more  persons, 
during  the  time  of  fire,  for  the  purpose  of  saving  and  protecting  property  at 
such  fire,  and  until  it  shall  be  delivered  to  the  owner  or  claimant  thereof,  and 
such  person  or  persons  so  appointed  shall  have,  during  such  period,  the  author- 
ity and  power  of  a  policeman  of  such  city,  or  city  and  county,  and  shall  be 
known  as  the  fire  marshal 's  police ;  and  each  of  such  persons  shall  wear,  while 
in  the  discharge  of  his  duty,  conspicuously  displayed  on  his  person,  such  badge 
or  device  as  such  fire  marshal  shall  designate.  No  person  shall  be  entitled  to 
any  property  in  the  hands  of  such  fire  marshal,  saved  from  fire,  until  satis- 
factory proof  of  ownership  be  made,  and  until  the  actual  expenses  incurred  by 
such  officer  for  the  preservation  and  keeping  of  the  same  shall  be  paid  to  him 
by  the  owner  or  claimant  of  said  property;  and  in  case  of  dispute  as  to  the 
amount  of  such  expenses,  said  dispute  to  be  determined  by  the  justices'  court  of 
such  city,  or  city  and  county.  Such  fire  marshal  is  hereby  duly  authorized 
and  empowered  to  hold  and  sell,  or  cause  to  be  sold,  at  public  auction,  all  prop- 
erty in  his  possession,  saved  from  a  fire  or  fires,  for  which  no  owner  can  be 
found,  after  advertising  the  same  in  two  daily  newspapers  published  in  such 
city,  or  city  and  county,  for  the  period  of  thirty  daj^s ;  provided,  however,  that 
if,  upon  application  of  such  fire  marshal  to  the  police  judge,  it  shall  appear 
that  such  property  is  perishable,  such  judge  may  order  such  fire  marshal  to 
make  sale  thereof  upon  such  notice  as  in  the  opinion  of  such  judge  may  be  rea- 
sonable. The  proceeds  of  all  such  sales,  together  with  an  account  thereof,  after 
deducting  all  expenses,  shall  be  by  him  deposited  wnth  the  treasurer  of  such 
city,  or  city  and  county,  to  be  held  by  such  treasurer,  subject  to  the  claim  of 
the  owner  of  such  property.  Such  fire  marshal  shall,  from  time  to  time,  file 
with  the  clerk  of  such  city,  or  city  and  county,  under  oath,  a  statement  and 
description  of  all  property  in  his  possession,  or  under  his  control  and  sold  by 
him,  together  with  the  amount  of  money  by  him  deposited  with  the  treasurer 
of  such  city,  or  city  and  county. 


764  MUNICIPAIi   CORPORATIOIVS— LEGISLATIVE   DEPARTMENT— POWERS. 

30.  To  maintain  a  fire-alarm  and  police  telegraph  in  such  city,  or  city  and 
county. 

31.  To  require  the  owners  of  lots  to  prevent  sand  from  drifting,  being  blown, 
or  otherwise  moved  therefrom,  into  or  deposited  upon  any  paved,  planked,  or 
macadamized  street,  alley,  place,  park,  thoroughfare,  or  other  public  property, 
and  to  enforce  all  such  regulations  by  sufficient  fines  and  penalties. 

32.  To  maintain,  regulate,  govern,  manage,  and  carry  on  a  house  of  cor- 
rection, and  to  utilize  therein  and  thereby  the  labor  of  all  prisoners  committed 
to  the  jail  or  house  of  correction  of  such  city,  or  city  and  county,  by  the  police 
courts  and  the  superior  courts ;  to  prescribe  rules  of  commitment  and  detention 
of  prisoners,  hours  of  labor,  and  all  necessary  rules,  regulations,  and  restrictions 
for  the  proper  operation  of  said  institution.  All  prisoners  sentenced  to  a  term 
in  the  county  jail,  or  house  of  correction,  shall  be  deemed  to  have  been  sentenced 
to  labor  during  such  term.  The  judges  of  police  courts  and  of  the  superior  courts, 
in  such  city,  or  city  and  county,  may  sentence  criminals  to  the  house  of  correction 
when,  in  the  judgment  of  such  judge,  the  criminal  is  too  young  to  be  sentenced 
to  the  state  prison,  or  when  it  is  deemed  better  for  the  well-being  of  the  prisoner. 
No  person  shall  be  sentenced  to  imprisonment  in  the  house  of  correction  for  a 
shorter  or  longer  term  than  that  for  which  he  might  be  sentenced  in  the  jail  of 
such  city,  or  city  and  county,  or  in  the  state  prison ;  and  in  no  case  whatever  for 
a  shorter  term  than  three  months  nor  for  a  longer  term  than  three  years.  No 
person  who  might  be  sentenced  to  imprisonment  in  the  state  prison  shall  be 
sentenced  to  imprisonment  in  the  house  of  correction  if  he  is  more  than  twenty- 
five  years  of  age,  if  he  has  been  once  before  convicted  of  a  felony,  or  twice  before 
convicted  of  petit  larceny,  nor  unless,  in  the  opinion  of  the  court,  imprisonment 
in  the  house  of  correction  will  be  more  for  his  interest  than  imprisonment  in  the 
state  prison,  and  equally  for  the  interest  of  the  public.  The  fact  of  a  previous 
conviction  may  be  found  by  the  court  upon  evidence  introduced  at  the  time  of 
sentence.  The  board  of  aldermen  of  the  city,  or  city  and  county,  shall  appoint 
a  competent  superintendent  of  the  house  of  correction  of  such  city  and  county, 
who  shall  also  be  treasurer  of  said  house  of  correction,  and  who  shall  give  good 
and  sufficient  bonds,  in  a  sum,  and  with  sureties,  to  be  approved  by  said  board  of 
aldermen,  for  the  faithful  discharge  of  his  duties,  and  to  whom  shall  be  paid  a 
salary,  to  be  fixed  by  them,  not  to  exceed  two  hundred  and  fifty  dollars  per 
month,  payable  monthly.  Said  superintendent  shall  only  be  removed,  for  just 
and  sufficient  legal  cause,  after  a  fair  and  impartial  investigation  of  his  case  by 
said  board  of  aldermen.  He  shall,  immediately  after  his  appointment,  and  when 
authorized  by  said  board  of  aldermen,  appoint,  subject  to  the  approval  thereof, 
such  subordinates  as  may  be  deemed  necessary  by  the  board  of  aldermen ;  and  the 
pay  of  such  subordinates  shall  be  fixed  by  said  board  of  aldermen,  not  exceeding 
one  hundred  dollars  per  month  to  each  party  so  appointed.  The  superintendent 
shall  manage  the  general  interests  of  the  institution ;  see  that  its  affairs  are  con- 
ducted in  accordance  with  the  requirements  of  this  chapter  and  of  such  by-laws 
as  the  board  of  aldermen  may  from  time  to  time  adopt  for  the  orderly  and  eco- 
nomical management  of  its  concerns;  to  see  that  strict  discipline  is  maintained 
therein;  to  provide  employment  for  the  inmates;  adjust  and  certify  all  claims 
against  the  institution.  And  all  bj^-laws  made  by  said  board  of  aldermen  for  the 
management  of  said  institution,  and  not  contrary  to  the  laws  of  this  state,  shall 


MIJNICIPAIi'  CORPORATIONS — liSGISLATIVE:  DEPARTMENT — POW  ERS.  765 

be  binding,  in  all  respects,  upon  said  superintendent,  officers,  and  inmates;  and 
said  superintendent  shall  each  year  prepare  and  submit,  under  oath,  to  the  board 
of  aldermen  a  report  of  the  concerns  of  said  institution.  The  superintendent 
shall  reside  at  the  house  of  correction,  have  charge  of  its  inmates  and  property, 
and  be  its  treasurer;  keep  accounts  of  all  his  receipts  and  expenditures,  and  of 
all  such  property  and  account  in  such  manner  as  the  said  municipal  council  may 
require,  and  hold  all  books  and  papers  open  to  their  inspection. 

33.  To  maintain  and  regulate  an  industrial  school  for  the  detention,  manage- 
ment, reformation,  education,  and  maintenance  of  such  children,  under  the  age 
of  eighteen  years,  as  shall  be  committed  or  surrendered  thereto  by  the  courts  of 
such  city,  or  city  and  county,  as  vagrants,  living  an  idle  or  dissolute  life,  or  who 
shall  be  convicted  by  the  police  or  superior  court  of  any  crime  or  misdemeanor, 
or  who,  being  tried  for  any  crime  or  misdemeanor  in  such  court,  shall  be  found 
to  be  under  fourteen  years  of  age,  and  to  have  done  an  act  which,  if  done  by  a 
person  of  full  age,  would  be  a  crime  or  misdemeanor;  and  said  council  is  empow- 
ered to  regulate  the  commitment,  detention,  and  discharge  of  such  children,  and 
to  designate  and  prescribe  the  causes,  terms,  and  conditions  thereof;  and  the 
said  police  court  and  superior  court  shall  have  power  to  adjudge  that  such  per- 
sons so  convicted  shall  be  so  imprisoned;  and  persons  so  convicted  shall  remain 
at  said  industrial  school  until  he  or  she  shall  attain  majority,  unless  a  shorter 
time  shall  be  fixed  by  said  court  in  the  commitment.  Such  children  shall  be  kept 
at  such  employments  and  be  instructed  in  such  branches  of  useful  knowledge  as 
may  be  suitable  to  their  age  and  capacity.  The  municipal  council  may  provide 
for  binding  out  such  children  as  apprentices  during  their  minority,  to  learn 
proper  trades  and  employments.  There  shall  be  a  superintendent  of  said  indus- 
trial school,  to  be  appointed  by  the  board  of  aldermen.  He  shall  be  deemed  a 
public  officer,  whose  salary  shall  not  exceed  two  hundred  and  fifty  dollars  per 
month,  and  such  other  employees  as  may  be  necessary,  with  salary  not  to  exceed 
one  hundred  dollars  per  month  each.  Such  police  and  superior  court,  or  either 
of  them,  upon  the  application  of  the  board  of  aldermen,  and  upon  its  certificate 
that  it  is  expedient  to  do  so,  shall  have  power  to  discharge  any  child  committed 
to  said  industrial  school,  and  who  is  not  bound  out  as  an  apprentice,  or  adopted, 
and  may  in  like  manner  discharge  such  child  upon  the  application,  in  writing, 
of  the  parents  or  guardian  of  such  child,  who  shall  not  have  been  bound  out  or 
adopted,  and  after  ten  days'  notice,  in  writing,  to  the  board  of  aldermen,  if, 
upon  the  hearing  of  the  application,  such  police  court  or  superior  court  shall 
consider  that  such  discharge  is  expedient. 

34.  To  establish  and  maintain  an  almshouse,  a  city  and  county  hospital,  a 
smallpox  hospital,  and  such  other  institutions  of  the  same  character  as  are  or 
may  be  necessary,  and  to  perpetuate  such  institutions  as  may  have  been  hereto- 
fore established  in  such  cities,  or  cities  and  counties,  heretofore  incorporated. 

35.  To  order  paid  out  of  the  general  fund  any  final  judgment  against  such 
city,  or  city  and  county. 

36.  To  maintain,  regulate,  and  govern  a  public  pound,  fix  the  limits  within 
which  animals  shall  not  run  at  large,  and  appoint  pound-keepers,  who  shall  be 
paid  for  out  of  the  fines  imposed  and  collected  of  the  owners  of  impounded  ani- 
mals, and  from  no  other  source. 

37.  To  allow  and  order  paid  out  of  the  street  department  fund  such  sums  as 


760  MUNICIPAL   CORPORATIONS — LEGISLATIVE   DEPARTMENT — POWERS. 

may  be  deemed  necessary  for  improvement  of  streets  bordering  on  the  water 
front,  and  improvement  of  sewers  and  streets  in  front  of  public  property. 

38.  To  allow  and  order  paid  out  of  tbe  general  fund  such  sums  as  may  be 
necessary  for  burying  the  indigent  dead. 

39.  To  allow  and  order  paid  out  of  the  general  fund  such  sums,  not  to  exceed 
five  thousand  dollars  in  any  one  fiscal  year,  as  may  be  deemed  necessary  for  the 
employment  of  special  counsel. 

40.  To  enact  such  general  and  special  police  regulations  for  such  city,  or  city 
and  county,  as  shall  secure  the  health,  comfort,  and  security  of  the  inhabitants, 
the  safety  and  security  of  property  and  life,  and  to.  enforce  the  same  therein. 

41.  To  make  needful  rules  and  regulations  for  the  administration,  care,  and 
maintenance  and  conduct  of  all  departments  and  offices  of  such  city,  or  city  and 
county,  when  not  otherwise  in  this  chapter  provided  for,  so  as  to  secure  more 
perfect  safety  of  the  public  funds,  and  greater  efficiency  in  all  departments  of 
the  service,  and  to  enforce  the  observation  of  such  rules  and  regulations,  and  to 
authorize  the  appointment  of  such  additional  clerks,  assistant  deputies,  and 
employees  as  in  their  judgment  may  be  necessary  for  the  proper  discharge  of 
the  duties  of  such  offices  and  departments. 

42.  To  appropriate  the  moneys  derived  from  the  revenue  of  such  city,  or  city 
and  county,  to  a  general  fund,  and  such  funds  as  have  been  heretofore  or  shall 
be  hereafter  established  by  law,  or  the  said  council,  and  as  shall  be  necessary 
for  the  proper  and  economical  administration  of  such  city,  or  city  and  county. 

43.  To  establish,  maintain,  and  regulate  free  public  libraries  and  reading- 
rooms,  and  to  perpetuate  such  free  libraries  and  reading-rooms  as  may  have 
been  heretofore  established  in  such  cities,  or  cities  and  counties,  heretofore 
incorporated. 

44.  To  provide,  fit  up,  and  furnish,  and  provide  with  fuel,  lights,  stationery, 
and  all  necessary  attendance,  conveniences,  and  care,  rooms  convenient  and  acces- 
sible to  the  courts,  sufficient  for  the  use  and  accommodation  of  a  law  library 
and  those  who  have  occasion  to  use  it,  and  approved  by  the  officers  having  the 
government  of  said  library,  and  to  perpetuate  and  in  the  same  manner  provide 
for  any  law  library  now  existing  in  such  city,  or  city  and  county,  the  use  of 
which  has  been  secured  by  law  to  the  courts,  the  bar,  and  the  city,  or  city  and 
county,  government.  The  municipal  council  shall  have  power,  and  it  shall  be 
their  duty,  to  appropriate,  allow,  and  order  paid  out  of  the  proper  fund  such 
sums  as  may  be  necessary  therefor. 

45.  To  establish  and  maintain  a  free  medical  dispensary,  and  to  perpetuate 
any  such  heretofore  existing  in  such  city,  or  city  and  county. 

46.  To  appoint  a  committee  of  five,  three  from  the  board  of  aldermen  and 
two  from  the  house  of  assistant  aldermen,  to  be  denominated  the  "building  com- 
mittee, ' '  to  superintend  the  construction  of  buildings  hereafter  to  be  constructed 
for  such  city,  or  city  and  county,  or  now  in  progress  of  construction  therefor, 
and  to  appoint  a  secretary  for  such  committee,  and  to  fix  his  compensation,  and, 
if  necessary,  also  to  appoint  a  superintendent  and  architect  therefor,  fix  their 
respective  compensation,  and  require  of  such  superintendent  and  architect  to 
execute  bonds,  with  two  sureties,  conditioned  for  the  faithful  performance  of 
their  duty  [duties],  in  such  sums  as  may  be  deemed  necessary. 

47.  To  divide  the  city,  or  city  and  county,  by  ordinance,  into  twelve  wards,  to 


MUNICIPAL    CORPORATIONS — STREETS,    ALLEYS,    ETC.— POWERS    OVER.        767 

fix  the  boundaries  thereof,  and  to  change  the  same  from  time  to  time ;  provided, 
that  no  change  in  the  boundaries  of  any  ward  shall  be  made  within  sixty  days 
next  before  the  date  of  said  general  election,  nor  within  twenty  months  after  the 
same  shall  have  been  established  or  altered. 

48.  To  provide  for  the  levy,  collection,  and  appropriation  of  revenue  here- 
tofore by  law  provided  to  be  collected  for  the  erection  and  completion  of  any 
public  building  in  and  for  such  city,  or  city  and  county,  in  the  manner  as  here- 
tofore provided  by  any  law  of  this  state  for  the  levy,  collection,  and  appropria- 
tion of  the  same. 

§  65.  The  municipal  council  shall  constitute  a  board  of  equalization  for  such 
city,  or  city  and  county,  and  as  such  shall  have  the  powers  conferred  by  the 
general  laws  regulating  the  assessment  and  collection  of  taxes,  M^hen  not  incon- 
sistent with  the  provisions  of  this  chapter. 

§  66.  All  the  streets,  lanes,  alleys,  places,  or  courts,  as  laid  down  on  the 
official  map  of  such  city,  or  city  and  county,  and  all  other  streets,  lanes,  alleys, 
places,  or  courts  now  dedicated  or  open  to  public  use,  are  hereby  declared  to  be 
open  public  streets,  lanes,  alleys,  places,  or  courts  for  the  purpose  of  this 
chapter ;  and  the  municipal  council  is  invested  with  jurisdiction  to  order  any  of 
the  work  mentioned  in  section  sixty-seven  of  this  act  to  be  done  on  any  of  said 
streets,  lanes,  alleys,  places,  or  courts,  when  the  grade  and  width  of  said  streets, 
lanes,  alleys,  places,  or  courts  have  been  officially  established ;  and  for  the  pur- 
poses of  this  chapter  the  grade  of  all  intermediate  or  intersecting  streets,  lanes, 
alleys,  places,  or  courts  in  any  one  block  shall  conform  to  the  grades  as  estab- 
lished of  the  crossings  of  the  main  streets. 

§  67.  The  municipal  council  is  hereby  authorized  and  empowered  to  order 
the  whole  or  any  portion  of  the  said  streets,  lanes,  alleys,  places,  or  courts  graded 
or  regraded  to  the  official  grade,  planked  or  replanked,  paved  or  repaved, 
macadamized  or  remacadamized,  piled  or  replied,  capped  or  recapped,  and  to 
order  sidewalks,  sewers,  cesspools,  mxanholes,  culverts,  curbing,  and  crosswalks 
to  be  constructed,  and  to  order  any  streets  and  sewers  cleaned,  and  to  order  any 
other  work  to  be  done  which  shall  be  necessary  to  make  and  complete  the  whole 
or  any  portion  of  said  streets,  lanes,  alleys,  places,  or  courts,  and  they  may  order 
any  of  the  said  work  to  be  improved ;  and  when  any  street,  or  portion  of  a  street 
has  been  or  shall  hereafter  be  constructed  to  the  satisfaction  of  the  municipal 
council  and  the  superintendent  of  streets,  and  shall  have  a  brick  sewer,  or 
cement  or  ironstone  pipe  constructed  therein,  under  such  regulations  as  said 
municipal  council  shall  adopt,  the  same  shall  be  accepted  by  it,  and  thereafter 
shall  be  kept  open  and  improved  by  such  city,  or  city  and  county,  the  expense 
thereof,  together  with  all  work  done  in  front  of  city,  or  city  and  county,  prop- 
erty, to  be  paid  out  of  the  street  department  fund,  or  other  proper  fund;  pro- 
vided, that  the  municipal  council  shall  not  accept  of  any  portion  of  the  street 
less  than  the  entire  width  of  the  roadway  (including  the  curbing  and  one  block 
in  length,  or  one  entire  crossing)  ;  and  provided  further,  that  it  may,  partially 
or  conditionally,  accept  any  street,  or  portion  of  a  street,  without  a  sewer  or 
pipe  therein  as  above  stated,  if  a  sewer  or  pipe  therein  shall  be  deemed  by  them 
unnecessary;  but  the  lots  of  land  previously  assessable  for  the  cost  of  construc- 
tion of  a  sewer  or  pipe  shall  still  remain  and  be  assessable  for  such  cost,  and  for 
the  cost  of  repair  and  restoration  of  the  street  damaged  in  the  said  construction, 


768  MUNICIPAL.    CORPORATIONS — IMPROVEMENTS — ASSESSMENT. 

when  thereafter  a  sewer  or  pipe  shall  be  deemed  necessary,  the  same  as  if  no 
partial  or  conditional  acceptance  had  ever  been  had.  The  said  superintendent 
of  streets  shall  keep  in  his  office  a  register  of  all  accepted  streets,  the  same  to 
be  indexed  so  that  reference  may  be  easily  had  thereto. 

§  68.  The  municipal  council  may  order  work  authorized  by  this  chapter,  the 
cost  and  expense  of  which  is  made  chargeable,  or  may  be  assessed  upon  private 
property  by  special  assessment,  to  be  done,  after  notice  of  its  intention  so  to  do 
in  the  form  of  a  resolution  describing  the  work,  and  signed  by  the  clerks  of  both 
branches  of  the  municipal  council,  has  been  published  for  the  period  of  five  days 
in  the  paper  doing  the  printing  for  such  city,  or  city  and  county,  and  also  in 
two  daily  newspapers,  one  of  which  newspapers  shall  be  published  as  a  morning 
edition  and  one  as  an  evening  edition,  printed  and  published  in  such  city,  or 
city  and  county,  for  five  days,  Sundays  and  non-jndicial  days  excepted;  pro- 
vided, that  no  such  notice  shall  be  given  or  order  made  for  the  grading  of  any 
street,  unless  the  majority  of  the  frontage  of  the  lots  and  land  fronting  on  the 
work  proposed  to  be  done,  and  described  in  said  resolution,  or  which  is  to  be 
made  liable  for  such  grading,  except  public  property,  shall  have  been  represented 
by  the  owners  thereof,  or  by  their  agents,  in  a  petition  to  the  said  municipal 
council,  stating  that  they  are  the  owners  and  in  possession  or  agents  of  the  lots 
named  in  the  petition,  and  also  requesting  that  such  improvements  or  street 
work  shall  be  done.  All  owners  of  lands,  or  lots,  or  portions  of  lots,  who  may 
feel  aggrieved,  or  have  objection  to  the  ordering  of  the  work  described  in  said 
notice,  or  who  may  have  objection  to  any  of  the  subsequent  proceedings  of  the 
municipal  council  in  relation  to  the  work  mentioned  in  such  notices  of  intention, 
or  may  have  any  objections  to  any  of  the  acts  of  the  superintendent  of  streets, 
and  the  city,  or  city  and  county,  surveyor  of  such  city,  or  city  and  county,  in 
the  discharge  of  any  of  the  obligations  or  duties  imposed  upon  him  or  them  by 
virtue  of  their  offices,  shall  file  with  the  clerk  of  either  branch  of  the  municipal 
council  a  petition  or  remonstrance,  wherein  they  shall  set  forth  in  what  respect 
they  feel  aggrieved,  or  the  acts  or  proceedings  to  which  they  object,  which  peti- 
tion or  remonstrance  shall  be  passed  upon  by  the  municipal  council,  and  its 
decisions  thereon  shall  be  final  and  conclusive;  but  the  municipal  council  shall 
not  order  the  work  described  in  said  notices  to  be  done  unless  all  objections  and 
protests  that  may  have  been  presented  and  filed  as  aforesaid  shall  have  been  by 
them  disposed  of.  Should  the  owners  or  agents  of  more  than  one  half  in  frontage 
of  the  lots  and  lands  fronting  on  the  work  proposed  to  be  done,  and  designated 
in  said  notice  or  resolution,  or  liable  to  be  assessed  for  work,  file  with  the  clerk 
of  either  branch  of  the  municipal  council  written  objections  against  any  grading 
described  in  said  notice,  at  any  time  before  the  expiration  of  the  publication  of 
said  notice  of  intention,  and  the  publication  thereof,  as  hereinbefore  provided, 
then  and  thereupon  the  municipal  council  shall  be  barred  from  proceeding 
further  for  th^  period  of  six  months,  and  shall  not  renew  the  notice  of  intention 
for  doing  any  street  work  so  protested  against  within  six  months,  unless  the 
owners  or  agents  of  a  majority  of  the  frontage  of  the  lots  and  land  fronting  on 
said  street  work,  or  liable  to  be  assessed  therefor  as  aforesaid,  shall  petition  anew 
for  the  work  to  be  done.  At  the  expiration  of  any  notice  of  intention,  the  munici- 
pal council  shall  be  deemed  to-  have  acquired  jurisdiction  to  order  any  work  to 
be  done  which  is  authorized  by  this  chapter;  and  it  is  further  provided,  that 


MUNICIPAL    CORPORATIONS — IMPROVEMENTS — FRONTAGE.  769 

where  any  public  street  shall  have  been  graded,  or  graded  and  macadamized,  or 
graded  and  paved,  for  the  distance  of  one  or  two  blocks  upon  each  side  thereof 
of  any  one  or  two  blocks  or  crossing  of  a  street  which  is  not  improved,  it  shall 
be  the  duty  of  the  municipal  council,  upon  the  recommendation  of  the  super- 
intendent of  streets,  to  order  the  notice  provided  in  this  section  to  be  given 
without  the  petition  provided  first  aforesaid ;  and  if  the  owners  of  three  fourths 
of  the  frontage  of  the  land  and  lots  fronting  on  such  portions  of  said  streets  to 
be  graded  or  improved  shall,  within  the  time  prescribed  in  said  notice,  file 
written  objections  to  the  improvement  of  the  said  street,  such  objection  shall  be 
a  bar  for  six  months  for  the  doing  of  said  work  or  making  said  improvement, 
except  when  the  w^ork  or  improvement  proposed  to  be  done  is  the  construction 
of  sewers,  manholes,  culverts,  crosswalks,  and  sidewalks,  the  municipal  council 
shall  duly  consider  said  objections  before  ordering  said  work;  and  if  it  shall 
decide  and  declare  by  an  entry  in  the  minutes  of  both  branches  thereof  .that  the 
objections  so  made  are  not  good,  thereupon  it  shall  be  deemed  to  have  acquired 
jurisdiction  to  order  any  such  street  work  to  be  done  that  is  described  in  said 
notice;  provided  further,  that  when  one  half  or  more  of  the  grading,  planking, 
macadamizing,  paving,  sidewalking,  or  sewering  of  any  one  street,  lying  between 
two  main  street  crossings,  has  been  already  performed,  the  municipal  council 
may  order  the  remainder  of  such  grading,  planking,  macadamizing,  paving,  side- 
walking,  or  sewering  to  be  done,  notwithstanding  the  objections  of  any  or  all  of 
the  property  owners. 

§  69.  The  owners  of  more  than  one  half  in  frontage  of  lots  and  lands  fronting 
on  any  street,  lane,  alley,  place,  or  court,  mentioned  in  section  sixty-six  of  this 
act,  or  their  duly  authorized  agents,  may  petition  the  said  municipal  council  to 
order  any  of  the  work  mentioned  in  section  sixty-seven  of  this  act  to  be  done; 
and  the  said  board  may  order  the  work  mentioned  in  said  petition  to  be  done, 
after  notice  of  their  intention  so  to  do  has  been  published  as  provided  in  section 
sixty-eight  of  this  act.  No  order  or  permission  shall  be  given  to  grade,  or  pile 
and  cap,  any  street,  lane,  alley,  place,  or  court,  in  the  first  instance,  or  any  por- 
tion thereof,  without  extending  or  completing  the  same  throughout  the  whole 
width  of  said  street,  lane,  alley,  place,  or  court.  "When  any  such  work  has  here- 
tofore been  done,  or  when  any  such  work  shall  hereafter  be  done,  in  violation  of 
this  section,  neither  the  lots  or  portions  of  lots  in  front  of  which  such  work  has 
been  or  may  be  done  hereafter,  nor  the  owners  thereof,  shall  be  exempt  from 
assessments  made  for  the  payment  of  the  work  afterwards  done  to  complete 
said  street,  lane,  alley,  place  or  court  to  its  full  width,  as  provided  in  this  chapter. 

§  70.  At  the  expiration  of  publication  of  such  notice,  the  clerk  of  either 
branch  of  the  municipal  council  shall  cause  to  be  transmitted  to  the  city,  or  city 
and  county,  surveyor,  and  to  the  superintendent  of  streets  of  such  city,  or  city 
and  county,  a  copy  of  the  resolution,  order,  or  ordinance  authorizing  the  said 
street  work.  The  said  surveyor  shall  thereupon,  M'ithin  fifteen  days  from  the 
completion  of  the  publication  mentioned  in  the  last  section,  transmit  to  said 
municipal  council  a  map  of  the  district  to  be  benefited  by  said  street  improve- 
ment ;  which  map  shall  show  the  relative  location  of  each  lot  to  the  work  pro- 
posed to  be  done,  and  be  signed  by  said  surveyor.  The  superintendent  of  streets 
shall  also  thereupon,  within  fifteen  days  from  the  completion  of  said  publication, 
transmit  to  the  municipal  council  an  estimate  of  the  cost  and  expense  of  said 

Gen.   Laws — 49 


770  MUNICIPAL,    CORPORATIONS— STREET    IMPROVEMENTS— MAPS. 

improvement,  which  said  estimate  shall  contain  the  items  composing  the  gross 
sum  estimated,  and  shall  be  signed  by  said  superintendent. 

§  71.  The  municipal  council  shall,  at  the  first  meeting  after  the  receipt  of 
such  map  and  estimate,  or  as  soon  as  may  be  practicable,  either  adopt,  modify, 
or  reject  the  same,  and  after  its  final  action  upon  said  map  and  estimate,  the 
same  shall  be  transmitted  to  said  superintendent  of  streets,  who  shall  record  the 
same  in  a  book  to  be  kept  by  him  for  such  purpose ;  and  the  said  superintendent 
shall  forthwith  prepare  plans  and  specifications  for  such  street  work,  and  the 
clerk  of  either  branch  of  the  municipal  council  shall  cause  to  be  conspicuously 
posted  in  the  office  of  said  superintendent,  and  also  published  for  five  days  (non- 
judicial days  excepted)  in  the  newspapers  hereinbefore  mentioned,  a  notice  invit- 
ing sealed  proposals  to  contract  for  the  work  contemplated  to  be  performed; 
such  work  not  to  be  performed,  nor  any  contract  for  the  same  made  or  entered 
into,  until  after  the  moneys  sufficient  for  the  payment  of  the  costs  and  expenses 
thereof  shall  have  been  levied,  collected,  and  paid  into  the  treasury  of  such  city, 
or  city  and  county,  as  hereinafter  provided ;  which  notice  shall  substantially 
contain  the  plans  and  specifications  above  mentioned ;  and  all  notices,  resolu- 
tions, and  orders  required  to  be  posted  or  published  under  the  provisions  of  this 
chapter  shall  be  posted  or  published,  or  both  posted  and  published,  as  the  law 
may  require,  by  said  clerk,  as  a  matter  of  course,  and  without  any  special  direc- 
tion or  authority  from  said  municipal  council.  The  said  superintendent  shall 
furnisii  specifications  for  the  performance  of  any  and  all  street  work  ordered  by 
the  municipal  council  and  authorized  by  this  chapter,  and  the  time  within  which 
said  work  must  be  completed  after  entering  into  the  contract  for  doing  the  same. 
All  proposals  shall  be  delivered  to  the  clerk  of  either  branch  of  the  municipal 
council,  and  the  house  of  which  he  is  the  clerk  shall,  in  open  session,  open,  exam- 
ine, and  publicly  declare  the  same;  and  all  proposals  shall  be  for  a  price  payable 
in  gold  coin  of  the  United  States;  provided,  said  municipal  council  may  reject 
any  and  all  proposals  should  they  deem  it  for  the  public  good,  and  also  may 
reject  the  proposals  of  any  party  who  may  be  proved  delinquent  or  unfaithful 
with  any  former  contract  with  such  city,  or  city  and  county ;  and  if  all  proposals 
shall  be  rejected,  the  municipal  council  shall  direct  the  clerk  of  either  house 
thereof  to  again  post  said  notice,  and  publish  the  same  as  in  the  first  instance. 
All  proposals  shall  be  accompanied  with  a  bond  to  such  city,  or  city  and  county, 
to  be  approved  by  the  clerk  of  either  house  of  said  municipal  council,  in  the  sum 
of  one  thousand  dollars,  and  in  such  additional  amount  as  may  be  fixed  by  said 
superintendent  of  streets,  with  two  good  and  sufficient  sureties,  who  must  be 
freeholders  of  such  city,  or  city  and  county,  said  sureties  to  justify  in  double  the 
amount,  conditioned  that  the  party  making  such  proposal  shall,  or  will,  within 
ten  days  after  notice  from  said  superintendent  that  the  moneys  for  the  cost  and 
expenses  for  such  work  have  been  paid  into  the  treasury,  enter  inte  a  contract 
with  such  city,  or  city  and  county,  in  pursuance  of  such  proposal,  and  to  com- 
mence such  work  within  five  days  after  the  execution  of  such  contract,  and  com- 
plete the  same  within  the  time  mentioned  in  the  said  plans  and  specifications,  or 
either  of  them,  or  within  any  extended  time ;  it  is  further  provided,  that  all  per- 
sons proposing,  owners  included,  who  shall  fail  to  enter  into  any  contract  as 
herein  provided,  or  to  complete  the  contracts  entered  into,  are  hereby  prohibited 
from  proposing  a  second  time  for  the  same  work;  and  in  case  of  owners,  they 


MUNICIPAL     CORPORATIOIVS— IMPROVEMENTS— BEKEFITS.  771 

are  hereby  prohibited  from  electing  to  take  the  same  work  a  second  time,  and 
from  entering  into  any  contract  concerning  the  same.  At  any  time  within  five 
days  after  such  money  has  been  paid  into  the  treasury,  the  owners  of  a  majority 
of  the  frontage  of  lots  and  lands  liable  to  be  assessed  for  said  work,  or  their 
agents,  and  who  shall  make  oath  that  they  are  such  owners,  or  the  agents  of 
such  owners,  may  elect  to  do  the  said  work,  and  to  enter  into  a  written  contract 
to  do  the  whole  work  at  the  price  for  which  the  same  is  awarded,  upon  giving 
the  bond  as  hereinafter  provided;  and  they  shall  commence  said  work  within 
five  days  after  the  execution  of  such  contract,  and  shall  prosecute  it  diligently 
and  continuously,  and  complete  it  within  the  time  limited  in  the  contract,  or 
within  any  extended  time;  but  should  the  said  contractor,  or  the  property 
owners,  fail  to  prosecute  the  same  diligently  or  continuously,  in  the  judgment 
of  said  superintendent,  or  complete  it  within  the  time  prescribed  in  the  contract, 
or  within  the  extended  time,  then  it  shall  be  the  duty  of  said  superintendent  to 
report  the  same  to  the  municipal  council,  who  shall  immediately  order  the  clerk 
of  either  branch  of  the  municipal  council  to  advertise  for  proposals  as  in  the 
first  instance,  and  relet  the  contract  in  the  manner  hereinbefore  provided ;  and  it 
is  further  provided,  that  all  contractors  for  street  work  shall,  at  the  time  of  enter- 
ing into  said  contract,  execute  a  bond  payable  to  such  city,  [or]  city  or  [and] 
county,  with  two  or  more  sureties,  in  the  sum  of  not  less  than  one  thousand  dollars, 
and  in  such  additional  amount  as  may  be  fixed  by  said  superintendent,  conditioned 
for  the  faithful  performance  of  said  contract ;  and  said  sureties  shall  justify  in 
double  the  amount  of  the  penalty  fixed  in  said  bond ;  such  sureties  to  justify 
before  said  superintendent  or  his  deputy,  and  the  qualifications  and  responsi- 
bility of  such  sureties  shall  be  the  same  as  prescribed  for  sureties  on  the  official 
bonds  of  the  officers  of  such  city,  or  city  and  county ;  and  it  is  further  provided, 
that  in  case  of  the  non-fulfilment  by  the  obligor  in  either  of  the  bonds  mentioned 
in  this  section,  of  the  conditions  thereof,  it  shall  be  the  duty  of  the  city,  or  city 
and  county,  attorney  to  sue  for  and  collect  the  sum  in  said  bond  mentioned,  in 
any  court  of  competent  jurisdiction,  and  pay  the  same  into  the  city  and  county 
treasury,  to  the  credit  of  the  proper  fund. 

§  72.  After  the  proposal  shall  have  been  received  and  considered  by  the 
municipal  council,  the  superintendent  of  streets  shall  make  an  assessment  in 
proportion  to  the  benefit  upon  all  the  land  in  the  district  shown  upon  said  map. 
Said  assessment  shall  show  the  work  proposed  to  be  done,  the  estimated  cost 
thereof,  the  rate  per  front  foot  assessed  against  each  lot  within  the  assessment 
district,  the  amount  of  each  assessment,  the  name  of  the  owner  of  each  lot,  or 
portion  of  lot,  if  known  to  the  superintendent,  and  if  such  owner  be  unknown, 
the  word  "Unknown"  shall  be  written  opposite  the  number  of  the  lot  (but  an 
assessment  made  to  a  person  not  the  owner  shall  not  render  such  assessment 
illegal),  and  the  amount  assessed  thereon,  the  number  of  each  lot,  or  portion  of 
lot,  assessed,  and  shall  have  attached  thereto  a  diagram  showing  the  assessment 
district,  and  the  relative  location  of  each  lot  assessed  to  the  work  proposed  to  be 
done,  each  lot  being  numbered  in  said  assessment  and  diagram ;  and  when  com- 
pleted, shall  be  signed  by  said  superintendent,  and  transmitted  to  the  board  of 
aldermen. 

§  73.  At  the  first  meeting  of  the  board  of  aldermen,  after  the  receipt  by  it 
of  the  assessment  made  by  said  superintendent,  as  soon  thereafter  as  may  be 


772  MUNICIPAL    CORPORATIONS— ASSESSMENTS    FOR    IMPROVEMENTS. 

practicable,  it  shall  cause  notice  of  the  time  and  place  of  the  hearing  of  all  objec- 
tions to  said  assessment  to  be  published  for  at  least  five  days  (Sundays  and  non- 
judicial days  excepted),  prior  to  the  time  of  such  hearing,  in  two  daily 
newspapers,  one  published  as  a  morning  edition  and  one  as  an  evening  edition, 
in  such  city,  or  city  and  county.  All  objections  shall  be  heard  in  open  session 
of  said  board  of  aldermen.  At  said  hearing  said  board  of  aldermen  may  alter, 
modify,  or  confirm  said  assessment,  as  it  shall  deem  proper;  and  said  superin- 
tendent shall  thereupon  record  said  assessment  and  diagram  in  a  book  to  be  kept 
by  him  for  that  purpose.  When  so  recorded,  the  several  amounts  assessed  shall 
be  deemed  a  tax  levied  upon  the  lands  described  in  said  assessment  and  diagram, 
upon  which  they  are  respectively  assessed,  and  shall  be  a  lien  upon  such  parcels 
of  land.  Said  superintendent  shall  give  to  each  assessment  a  number  by  which 
the  fund  collected  for  said  work  shall  be  known,  and  shall  immediately  after 
the  record  of  said  assessment,  as  hereinbefore  provided,  deliver  the  said  assess- 
ment and  diagram  to  the  tax  collector  of  such  city  and  county,  who  shall  there- 
upon cause  to  be  published  for  ten  succt^ssive  days  (Sundays  and  non-judicial 
days  excepted),  in  two  newspapers  of  general  circulation,  one  of  which  shall  be 
published  as  a  morning  edition  and  one  as  an  evening  edition,  published  in  such 
city,  or  city  and  county,  a  notice  containing  a  description  of  the  proposed 
improvement,  and  of  the  portion  of  street  or  streets  upon  which  the  same  is 
proposed  to  be  done,  that  the  same  is  in  his  hands  for  collection;  that  if  said 
assessment  is  not  paid  within  fifteen  days  from  the  date  of  the  last  publication 
of  such  notice,  that  the  same  wall  be  delinquent;  that  the  property  assessed,  and 
upon  which  the  assessment  remains  unpaid,  will  be  sold  by  said  tax  collector  for 
said  assessment,  a  brief  description  of  the  property  assessed,  the  amount  assessed 
thereon,  and  the  time  and  place  of  sale,  which  shall  be  not  less  than  five  nor 
more  than  ten  days  after  such  delinquency. 

§  74.  On  the  day  fixed  for  the  sale,  said  tax  collector,  between  the  hours  of 
ten  a.  m.  and  three  p.  m.,  must  commence  the  sale  of  the  property  advertised, 
upon  which  the  assessment  remains  unpaid,  and  sell  the  same  at  public  vendue, 
in  the  office  of  said  tax  collector,  to  the  person  who  will  take  the  least  quantity 
of  the  respective  parcels  of  land  assessed,  and  pay  the  assessment  thereon, 
together  with  two  dollars  to  said  tax  collector  for  the  duplicate  certificate  of 
sale.  If  the  purchaser  does  not  forthwith  pay  the  amounts  of  the  assessment 
and  costs  by  him  bid,  the  tax  collector  shall  immediately  proceed  to  sell  such 
parcel  or  parcels  again,  in  the  same  manner,  for  the  amount  of  said  assessment 
and  costs. 

§  75.  After  receiving  the  amount  of  the  a&sessment  and  costs,  said  tax  col- 
lector must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of  sale,  showing 
the  name  of  the  person  assessed,  when  known,  a  brief  description  of  the  property 
sold,  the  street  improvement  for  which  the  assessment  was  levied,  the  number  of 
the  a.ssessment,  that  it  was  sold  for  an  assessment,  the  amount  thereof,  that  the 
same  is  subject  to  redemption  at  any  time  within  one  year  after  sale,  and  specify- 
ing the  date  when  the  purchaser  will  be  entitled  to  a  deed;  and  upon  payment 
to  said  tax  collector  of  the  fee  for  recording  the  same,  said  tax  collector  shall 
deliver  one  of  such  duplicates  to  the  purchaser,  and  the  same  day  file  the  other 
in  the  office  of  the  recorder  of  the  county,  or  city  and  county,  who  shall  record 
the  same. 


MUNICIPAL   CORPORATIONS— DUPLICATE   OF  ASSESS3IENT,   FILING.  773 

§  76.  Upon  filing  the  said  duplicate  in  the  office  of  said  recorder,  the  lien 
■aforesaid  is  vested  in  the  purchaser,  and  is  only  divested  by  payment  to  him,  or 
to  the  treasurer  of  such  city,  or  city  and  county,  for  his  use,  of  the  purchase 
money  and  costs,  and  two  per  centum  per  month  and  fraction  of  a  month  up  to 
date  of  redemption  thereon.  A  redemption  of  the  property  sold  may  be  made 
by  the  owner,  or  any  party  in  interest,  within  twelve  months  from  the  date  of 
purchase. 

§  77.  If  property  is  not  redeemed  within  twelve  months  from  the  date  of 
such  sale,  the  tax  collector  must  make  to  the  purchaser,  or  his  assignee,  a  deed, 
reciting  substantially  the  matters  contained  in  the  certificate,  and  that  no  person 
redeemed  the  property  during  the  time  allowed  by  law^  for  its  redemption.  The 
matters  recited  in  the  certificate  of  sale  must  be  recited  in  the  deed,  and  such 
deed,  duly  acknowledged,  shall  be  prima  facie  evidence  that : 

1.  The  property  was  assessed  as  required  by  law ; 

2.  That  the  assessment  was  not  paid; 

3.  That  the  property  was  sold  at  the  proper  time  and  place,  and  by  the  proper 
officer ; 

4.  That  the  person  who  executed  the  deed  was  the  proper  officer  therefor; 

5.  That  the  title  to  the  property  therein  described  is  vested  in  the  purchaser, 
his  heirs,  or  assigns,  free  from  all  encumbrances,  except  taxes  for  purposes  of 
revenue. 

§  78.  Said  tax  collector  shall  daily  pay  into  the  treasury  of  such  city,  or  city 
and  county,  to  the  credit  of  the  proper  street-improvement  fund,  all  moneys 
collected  by  him  on  account  of  such  fund,  and  shall,  upon  the  receipt  of  any 
assessment,  mark  the  same  paid  upon  the  assessment  roll,  and  shall  receipt  to  the 
person  paying  the  same  therefor,  which  receipt  shall  show  the  number  of  the 
street-improvement  fund,  the  work  done,  the  number  of  the  lot  upon  which  the 
assessment  is  paid,  and  the  amount  thereof. 

§  79.  When  the  full  amount  of  such  assessment  has  been  collected  by  said 
tax  collector,  the  said  collector  shall  certify  to  the  superintendent  of  streets  that 
the  same  has  been  collected  and  paid  into  the  treasury  of  such  city,  or  city  and 
county.  Upon  the  receipt  of  such  certificate  from  the  tax  collector,  the  said 
superintendent  shall  forthwith  notify  the  person  whose  proposal  shall  have  been 
accepted  by  the  municipal  council,  as  aforesaid,  of  the  payment  of  such  money 
into  the  treasury,  and  that  such  city,  or  city  and  county,  is  ready  to  enter  into  a 
contract  with  such  person  for  such  work,  in  pursuance  of  said  proposal ;  and 
said  superintendent  shall  hold  himself  in  readiness  to  execute  said  contract  on 
behalf  of  such  city,  or  city  and  county.  The  board  of  aldermen  may  extend  the 
time  of  performance  of  the  contract,  as  fixed  by  the  contract  of  specifications, 
upon  the  recommendation  of  said  superintendent;  but  the  time  of  the  perforra- 
«nce  shall  in  no  event  be  in  any  manner  extended  beyond  sixty  days  after  the 
time  fixed  in  such  specifications  or  contract  for  the  completion  of  said  Avork. 

§  80.  Whenever  any  contract  shall  have  been  completed  to  the  satisfaction 
and  acceptance  of  the  superintendent  of  streets,  he  shall  deliver  to  the  contractor 
a  certificate  to  that  effect,  and  shall  also  notify  said  board  of  aldermen  that  said 
work  and  improvement,  and  the  contract  therefor,  have  been  completed  to  his 
satisfaction  and  acceptance,  and  that  he  has  given  to  said  contractor  his  certifi- 


774         MUNICIPAL,    CORPORATIONS— IMPROVEMENTS — ASSESSMENTS — APPEAL. 

cate  to  that  effect.  Thereupon  said  board  of  aldermen  shall  direct  the  clerk  of 
said  board  to  give  notice  by  publication  for  five  days,  in  a  newspaper  published 
and  circulated  in  such  city,  or  city  and  county,  that  said  work  and  improvement, 
and  the  contract  therefor,  have  been  completed  to  the  satisfaction  and  acceptance 
of  the  superintendent  of  streets  of  such  city,  or  city  and  county. 

§  81.  Any  person  owning  property  which  has  been  assessed  to  pay  the  cost 
and  expenses  of  such  Avork  and  improvement,  feeling  aggrieved  at  the  manner 
in  which  such  work  and  improvement  shall  have  been  done,  or  feeling  aggrieved 
at  any  act  or  determination  of  said  superintendent  of  streets  in  relation  to  said 
work  and  improvement  subsequent  to  the  date  of  the  execution  of  the  contract 
therefor,  shall,  within  five  days  from  the  first  publication  of  said  notice,  appeal 
to  said  board  of  aldermen  by  briefly  stating  their  objections  in  writing,  and  by 
filing  the  same  with  the  clerk  of  said  board.  At  the  meeting  of  the  board  next 
ensuing  after  the  expiration  of  said  five  days  allowed  above  for  filing  said  objec- 
tions, the  said  board,  if  no  objections  have  been  filed,  shall,  by  resolution,  ratify 
and  confirm  all  said  acts  of  said  superintendent  of  streets,  and  shall  accept  such 
work  and  improvement.  But  if  any  such  objections  last  aforesaid  shall  have 
been  filed  within  said  five  days,  then  said  board  shall  fix  the  time  for  hearing 
such  objections,  and  shall  direct  the  clerk  of  said  board  to  notify  all  persons 
desirous  of  being  heard  upon  said  objections  of  the  time  and  place  when  and 
where  said  board  will  hear  all  parties  desiring  to  be  heard  upon  the  same.  Said 
notice  shall  be  in  writing,  and  shall  be  given  by  posting  the  same  in  three  of  the 
most  conspicuous  public  places  in  such  city,  or  city  and  county,  and  published 
five  days  in  two  daily  newspapers  (one  morning  and  one  evening  edition),  at 
least  five  days  before  the  time  set  for  said  hearing.  At  the  time  and  place  fixed' 
for  said  hearing  of  said  objections,  said  board  shall  proceed  to  hear  all  parties, 
present  and  desiring  to  be  heard  upon  the  matters  specified  in  such  objections.. 
And  whenever  said  board  shall  have  determined,  by  personal  inspection  or  other- 
wise, that  said  work  and  improvement  objected  to  have  been  completed  in  all 
respects  according  to  the  contract  therefor,  they  shall,  by  resolution,  accept  said 
work  and  improvement,  and  ratify  and  confirm  all  said  acts  of  said  superintend- 
ent of  streets  in  relation  thereto. 

§  82.  If,  upon  such  hearing,  said  board  of  aldermen  shall  determine,  by  per- 
sonal inspection  or  otherwise,  that  said  work  and  improvement  have  not  been 
performed  according  to  the  contract  therefor,  then  they  shall  notify  the  said 
superintendent  of  streets  to  that  effect,  specifying  in  said  notice  to  him  the  par- 
ticulars in  which  said  contract  has  not  been  performed.  And  said  superintendent 
of  streets  shall  thereupon  at  once  cause  said  contractor  to  complete  said  work 
and  improvement  under  the  contract  therefor  in  those  particulars  specified  by 
said  board  in  said  notice  to  said  superintendent  of  streets.  Whenever  said  board 
shall  ascertain  that  said  work  and  improvement  have  been  completed  in  all 
respects  according  to  the  terms  of  the  contract  therefor,  they  shall,  by  resolu- 
tion, accept  .such  work  and  improvement.  All  acts  and  determinations  of  said 
board  of  aldermen  upon  appeals,  under  the  provisions  of  this  and  the  next  pre- 
ceding section,  .shall  be  final  and  conclusive  upon  all  persons  entitled  to  an 
appeal  thereunder. 

§  83.  Whenever  any  work  or  improvement  shall  have  been  so  completed  upon 
any  street,  lane,  alley,  court,  or  place  in  such  city,  or  city  and  county,  for  the 


MUNICIPAL     CORPORATIONS— IMPROVE31ENTS— REPAYMENTS.  775 

payment  of  costs  aud  expenses  of  which  an  assessment  shall  have  been  levied 
and  collected  under  the  provisions  of  this  act,  the  said  board  of  aldermen  shall, 
by  resolution,  direct  the  treasurer  to  pay  out  of  the  appropriate  fund,  at  the 
expiration  of  fifteen  days  from  the  passage  of  such  resolution,  to  the  contractor 
who  shall  have  so  completed  said  work  and  improvement,  the  amount  to  which 
he  is  entitled  under  the  terms  of  his  contract ;  provided,  however,  that  such  pay- 
ment by  the  treasurer  shall  be  made  subject  to  the  following  provisions,  to  wit : 
that  any  person  or  persons  who  have  performed  labor  upon  or  furnished  mate- 
rials for  the  construction  of  said  work  or  improvement,  may  file  within  said 
fifteen  days,  with  the  treasurer,  any  written  claim  or  claims  he  or  they  may  have 
on  account  of  such  labor  performed  or  materials  furnished ;  and  at  the  expiration 
of  said  fifteen  days,  said  treasurer  shall  pay  to  said  contractor  the  amount  speci- 
fied in  said  last-named  resolution,  less  the  aggregate  amount  of  all  such  claims, 
if  any,  theretofore  filed  in  accordance  with  the  provisions  of  this  section.  Should 
any  money  be  retained  by  said  treasurer  on  account  of  such  claim  or  claims,  he 
shall  pay  over  the  amount  of  each  claim  only  upon  the  order  therefor  of  said 
contractor,  indorsed  by  the  claimant  entitled  thereto,  or  upon  the  order  there- 
for of  any  court  of  competent  jurisdiction. 

§  84.  And  when  all  moneys  required  to  be  paid  by  the  said  treasurer,  under 
the  last  preceding  section,  shall  have  been  by  him  paid,  as  required  in  said  sec- 
tion^ if  there  is  any  money  remaining  in  the  fund  out  of  which  said  payments 
shall  have  been  made  as  aforesaid,  it  shall  be  the  duty  of  said  treasurer  imme- 
diately to  report  the  amount  of  said  remaining  moneys  to  said  board  of  aldermen. 
Thereupon  it  shall  be  the  duty  of  said  board  to  empower  and  direct  said  treas- 
urer to  distribute  and  repay  such  remaining  moneys,  and  in  the  proportion  of 
the  amounts  of  the  original  as.sessments,  to  the  persons  by  or  for  whom  said 
original  assessments  were  paid,  or  to  their  legal  representatives.  And  it  shall  be 
the  duty  of  said  treasurer,  in  each  instance  of  such  repayment,  to  require,  receive, 
and  file  awaj^  a  receipt  of  said  proportionate  amount  from  said  persons  or  their 
legal  representatives.  And  in  no  case  shall  a  contractor  who  has  failed  to  fulfil 
the  terms  and  conditions  of  his  contract  be  entitled  to  receive  any  portion  of  the 
contract  price  therefor,  and  he  shall  be  deemed  to  have  forfeited  all  right  to 
recover  or  receive  any  compensation  whatever  under  said  contract. 

§  85.  No  contract  to  do  any  work  upon  any  accepted  streets,  other  than  clean- 
ing streets  and  sewers,  shall  be  let,  but  such  work  shall  be  done  under  the  direc- 
tion of  the  superintendent  of  streets,  by  laborers  employed  by  such  city,  or  city 
and  county,  through  said  superintendent,  at  such  wages  as  may  be  from  time  to 
time  fixed  by  the  municipal  council.  All  contracts  for  materials  necessary  to  be 
used  for  work  on  accepted  streets  must  be  given  by  the  municipal  council  to  the 
lowest  bidder  offering  adequate  security,  after  due  public  notice,  for  not  less 
than  five  days,  in  at  least  two  newspapers  published  in  such  city,  or  city  and 
county. 

§  86.  In  case  of  urgent  necessity,  the  superintendent  of  streets  may,  and  it 
«hall  be  his  duty  to,  repair  any  of  the  unaccepted  public  streets,  sewers,  or  cross- 
ings cornering  thereon ;  and  the  expense  of  the  same  shall  be  paid  out  of  the 
street  department  fund,  in  the  same  manner  as  provided  for  the  improvement  of 
accepted  streets;  and  all  such  repairs  shall  be  made  in  uniformity  with  the  work 
to  be  repaired,  but  such  repairs  between  two  main  streets  shall  not  exceed  in  cost 


776  MUNICIPAL.    CORPORATIONS— DEFECTIVE    STREETS— DAMAGE. 

the  sum  of  two  hundred  dollars,  and  the  repairs  of  any  crossing  shall  not  exceed 
in  cost  the  sum  of  one  hundred  dollars ;  provided,  the  sums  so  expended  shall  not 
exceed  the  sum  of  two  thousand  dollars  in  any  one  month.  Such  work,  and  the 
material  therefor,  shall  be  performed  and  provided  in  the  same  manner  as  pro- 
vided in  the  foregoing  section  concerning  labor  and  material  for  accepted  streets. 

§  87.  No  recourse  shall  be  had  against  such  city,  or  city  and  county,  for  dam- 
age to  person  or  property  sulfered  or  sustained  by  or  by  reason  of  the  defective 
condition  of  any  street  or  public  highway  of  such  city,  or  city  and  county, 
whether  originally  existing  or  occasioned  by  construction,  excavation,  or  embank- 
ment, or  want  of  repair  of  said  street  or  public  highway ;  and  whether  such 
damage  be  occasioned  by  accident  on  said  street  or  public  highway,  or  by  falling 
from  or  upon  the  same ;  but  if  any  person  while  carefully  using  any  street  or 
public  highway  of  such  city  and  county,  graded,  or  in  course  of  being  graded, 
or  carefully  using  any  other  street  or  public  highway  leading  into  or  crossing 
the  same,  be  injured,  killed,  lost,  or  destroyed;  or  any  horses,  animals,  or  other 
property  be  lost,  injured,  or  destroyed,  through  any  defect  in  said  street  or 
public  highway,  graded,  or  in  course  of  being  graded,  as  aforesaid,  or  by  reason 
of  any  excavation  or  embankment  in  or  of  the  same,  or  by  falling  from  or  upon 
such  embankment  or  excavation,  then  the  person  or  persons  upon  whom  the  law 
may  impose  the  duty  either  to  repair  such  defect  or  to  guard  the  public  from 
the  excavation,  embankment,  or  grading  aforesaid,  and  also  the  officer  or  officers 
through  whose  official  neglect  such  defect  remained  unrepaired,  or  said  excava- 
tion or  embankment  remained  unguarded  as  aforesaid,  shall  be  jointly  and  sev- 
erally liable  to  the  person  or  persons  injured  for  the  damages  sustained. 

§  88.  The  superintendent  of  streets  may  require,  at  his  option,  by  notice  in 
writing,  to  be  delivered  to  them  personally  or  left  on  the  premises,  the  owners, 
tenants,  or  occupants  of  lots  or  portions  of  lots  liable  to  be  assessed  for  work 
done  under  the  provisions  of  this  chapter,  to  improve  forthwith  any  of  the  work 
mentioned  in  section  sixty -seven  of  this  act  in  front  of  the  property  of  which  he 
is  the  owner,  tenant,  or  occupant,  to  the  center  of  the  street  or  otherwise,  as  the 
case  may  require,  or  to  remove  all  filth,  sand,  earth,  or  dirt  from  the  street  in 
front  of  the  premises;  and,  by  a  like  notice,  to  be  served  personally  upon  the 
president  or  any  officer  of  a  railroad  corporation  or  company,  or  to  be  left  at  the 
office  of  said  corporation  or  company,  to  require  such  corporation  or  company 
to  improve  forthwith  any  work  mentioned  in  this  chapter,  which  said  corpora- 
tion or  company  are  required  by  law  to  do  and  perform;  said  notice  to  specify 
what  improvement  is  required  or  work  is  to  be  done.  After  the  expiration  of 
five  days,  if  such  notice  shall  not  have  been  complied  with,  such  proceedings 
shall  be  taken  by  the  proper  authorities  to  cause  the  moneys  necessary  for  the 
doing  of  such  work  to  be  paid  into  the  treasury  as  is  hereinbefore  provided  in 
reference  to  work  and  improvements  upon  unaccepted  streets,  and  to  be  paid  for 
in  the  same  manner. 

§  89.  Notices  in  writing,  which  are  required  to  be  given  by  the  superintend- 
ent of  streets,  under  the  provisions  of  this  chapter,  may  be  served  by  any  police 
officer,  or  by  any  male  citizen  over  the  age  of  twenty-one  years ;  and  the  fact  of 
such  service  shall  be  verified  by  the  oath  of  the  person  making  it,  taken  before 
the  superintendent  (who  is  hereby  authorized  to  administer  oaths),  or  any  other 
person  authorized  to  administer  oaths.    The  superintendent  of  streets  shall  keep 


MUNICIPAL    CORPORATIONS— ANNUAL   TAX    LKVV.  777 

a  record  of  the  fact  of  giving  such  uotiees  and  proof  of  service,  and  shall  keep 
the  original  proof  thereof. 

§  90.  1.  On  or  before  the  fourth  IMonday  of  July,  annually,  the  municipal 
council  of  such  city,  or  city  and  county,  shall  levy  the  amount  of  taxes  for  city, 
or  city  and  country,  purposes,  required  by  law  to  be  levied  upon  all  property  not 
exempt  from  taxation ;  said  amount  to  be  such  as  the  said  council  may  doeai 
sufficient  to  provide  for  the  payment  of  all  demands  upon  tlie  treasury  author- 
ized by  law  to  be  paid  out  of  the  same ;  provided,  that  such  taxation  exclusive 
of  any  and  all  special  taxes,  now  or  which  hereafter  may  be  authorized  by  law, 
shall  not  in  the  aggregate  exceed  the  rate  of  one  dollar  upon  each  one  hundred 
dollars  valuation  of  the  property  assessed;  provided  further,  that  the  said  munici- 
pal council  shall,  in  making  the  said  levy  of  taxes,  apportion  and  divide  the 
taxes  so  levied,  and  to  be  collected  and  applied  to  the  several  specific  funds  known 
as  the  corporation  debt  fund,  general  fund,  school  fund,  street  light  fund,  street 
department  fund,  or  other  fund  provided  for  by  law  or  by  the  said  council, 
according  to  the  estimate  of  said  council  of  the  necessities  of  the  said  funds, 
except  that  the  rate  for  the  school  fund  shall  not  exceed  thirty-five  dollars  for 
each  pupil  who  shall  have  attended  and  been  taught  the  preceding  year;  and 
provided  further,  that  the  said  municipal  council  shall  authorize  the  disburse- 
ment of  said  money  for  the  purposes  hereafter  mentioned ;  and  at  the  close  of 
each  fiscal  year  the  said  council  shall  direct  the  treasurer  to  transfer  all  surplus 
moneys  of  all  funds,  excepting  the  school  fund,  after  liquidating  or  providing 
for  all  outstanding  demands  upon  said  funds,  to  the  general  fund ;  but  no  money 
shall  be  transferred  from  either  of  the  said  funds  to  another,  nor  used  in 
paying  any  demands  upon  such  other  fund,  until  all  the  indebtedness  arising 
in  any  fiscal  year,  and  payable  out  of  said  funds  so  raised  for  said  fiscal  year, 
shall  have  been  paid  and  discharged. 

2.  The  corporation  debt  fund  shall  be  applied  to  and  used  for  the  payment  of 
the  interest,  and  to  extinguish  or  provide  for  the  extinguishment  of  the  lawfully 
contracted  funded  debts  of  such  city,  or  city  and  county,  in  accordance  with 
laws  in  force  at  the  time  of  the  organization  of  such  city,  or  city  and  county, 
under  this  act. 

3.  The  general  fund  shall  be  applied  and  used  for  the  payment  of  all  sums 
authorized  by  law  to  be  paid  out  of  the  general  fund  and  not  otherwise  provided 
for  in  this  chapter. 

4.  The  school  fund  shall  be  applied  and  used  for  the  payment  of  all  sums 
authorized  by  law  to  be  paid  out  of  the  school  fund. 

5.  The  street  light  fund  shall  be  applied  and  used  in  the  payment  for  lighting 
the  streets  of  such  city  and  county,  and  for  the  repair  of  lamps  and  posts,  in 
pursuance  of  any  existing  or  future  legal  contract  of  such  city  and  county. 

6.  The  street  department  fund  shall  be  applied  and  used  for  repairing  and 
improving  all  streets,  lanes,  and  the  crossings  thereof,  which  shall  have  been  or 
hereafter  may  be  accepted,  so  as  to  become  a  charge  upon  such  city  and  county ; 
for  cleaning  streets,  lanes,  crossings  and  sewers ;  and  for  the  expen.se  of  improve- 
ments of  streets  in  front  of  school  lots ;  for  all  street  work  in  front  of  or  assess- 
able upon  property  belonging  to  such  city  and  county ;  for  all  street  work  on  the 
water  front  of  such  city  and  county,  not  by  law  assessable  upon  private  prop- 
erty; for  all  work  authorized  by  the  said  council,  upon  the  recommendation 


778  MUNICIPAL,    CORPORATIONS— PAYMENTS    FROM    TREASURY. 

of  the  superintendent  of  streets,  as  immediately  essential  for  the  safety  of  life^ 
limb,  or  property,  or  necessary  for  public  health,  or  which  cannot  be  by  law 
assessed  upon  private  property,  and  for  such  other  objects  relating  to  streets 
and  highways  as  shall  be  directed  by  law  or  said  council  to  be  paid  therefrom. 
All  moneys  received  from  licenses  on  vehicles,  from  the  income  from  street 
railroads,  from  fines  and  penalties  for  violation  of  any  law  or  ordinance  regu- 
lating vehicles  on  the  public  streets,  shall  be  paid  into  the  street  department  fund. 
§  91.  No  payment  can  be  made  from  the  treasury  or  out  of  the  public  funds 
of  such  city,  or  city  and  county,  unless  the  same  be  specifically  authorized  by  law, 
nor  unless  the  demand  which  is  paid  be  duly  audited,  as  in  this  chapter  provided, 
and  that  must  appear  upon  the  face  of  it.  No  demand  upon  the  treasury  shall 
be  allowed  by  the  auditor  in  favor  of  any  person,  officer,  company,  or  corporation,, 
in  any  manner  indebted  thereto  without  first  deducting  the  amount  of  such 
indebtedness,  nor  to  any  person  or  officer  having  the-  collection,  custody,  or  dis- 
bursement of  public  funds,  unless  his  account  has  been  duly  presented,  passed, 
approved,  and  allowed,  as  required  by  law ;  nor  in  favor  of  any  officer  who  shall 
have  neglected  to  make  his  official  returns  or  his  reports,  in  writing,  in  the 
manner  and  at  the  time  required  by  law,  or  by  the  regulations  established  by  the 
municipal  council;  nor  to  any  officer  who  shall  have  neglected  or  refused  to 
comply  with  any  of  the  provisions  of  this  or  any  other  act  of  the  legislature 
regulating  the  duties  of  such  officer,  on  being  required  in  writing  to  comply 
therewith  by  the  president  of  the  board  of  aldermen,  or  any  member  of  the 
finance  committee  of  the  municipal  council;  nor  in  favor  of  any  officer  for  the 
time  he  shall  have  absented  himself  without  lawful  cause,  from  the  d'^ties  of 
his  office,  during  the  office  hours  prescribed  in  this  chapter ;  and  the  auditor  may 
examine  any  officer  receiving  a  salary  from  the  treasury,  on  oath,  touching  such 
absence. 

§  92.  The  term  '  *  audited, ' '  as  used  in  this  chapter  with  reference  to  demands 
upon  the  treasury,  is  to  be  understood  [as]  their  having  been  presented  to  and 
passed  upon  by  every  officer  and  board  of  officers,  and  finally  allowed  as  required 
by  law;  and  this  must  appear  upon  the  face  of  the  paper  representing  the 
demand,  or  else  it  ^  not  audited. 

§  93.  Every  demand  upon  the  treasury,  except  the  salary  of  the  auditor,  and 
including  the  salary  of  the  treasurer,  must,  before  it  can  be  paid,  be  presented  to 
the  auditor  for  such  city,  or  city  and  county,  to  be  allowed,  who  shall  satisfy 
himself  whether  the  money  is  legally  due  and  remains  unpaid,  and  whether  the 
payment  thereof  from  the  treasury  of  such  city  and  county  is  authorized  by  law 
and  out  of  what  fund.  If  he  allow  it,  he  shall  indorse  upon  it  the  word  "Al- 
lowed," with  the  name  of  the  fund  out  of  which  it  is  payable,  with  the  date  of 
such  allowance,  and  sign  his  name  thereto ;  but  the  allowance  or  approval  of  the 
auditor,  or  the  municipal  council,  or  either  branch  thereof,  or  any  board,  com- 
mittee, or  officer,  of  any  demand  which,  upon  the  face  of  it,  appears  not  to  have 
been  expressly  made  by  law  payable  out  of  the  treasury  or  fund  to  be  charged 
therewith,  shall  afford  no  warrant  to  the  treasurer  or  other  disbursing  officer 
for  paying  the  same.  No  demand  can  be  approved,  allowed,  audited,  or  v^.id, 
unless  it  specify  each  several  item,  date,  and  value  composing  it,  and  refer  to 
the  law,  by  title,  date,  and  section,  authorizing  the  same. 

§  94.     The  demand  of  the  auditor  for  his  monthly  salary  shall  be  audited  and 


MUNICIPAL    CORPORATIONS — AUDIT    OF    DEMANDS.  779 

allowed  by  the  president  of  the  board  of  aldermen.  All  other  monthly  demands 
on  account  of  salaries,  allowances,  or  compensations  fixed  by  law  or  this  act,  and 
made  payable  out  of  the  treasury  of  such  city,  or  city  and  county,  may  be  al- 
lowed by  the  auditor  without  any  approval.  Ail  demands  payable  out  of  the 
school  fund  must,  before  they  can  be  allowed  by  the  auditon.^  or  paid,  be  pre- 
viously approved  by  the  board  of  education,  or  by  the  president  thereof,  and 
superintendent  of  schools,  acting  under  express  authorization  of  said  board. 
Demands  for  teachers'  wages,  or  other  expenses  appertaining  to  any  school,  can- 
not be  approved,  allowed  or  audited  to  any  amount  exceeding  the  share  of  school 
money  which  such  school  will  be  entitled  to  have  apportioned  to  it  during  the 
current  fiscal  year.  All  other  lawful  demands  payable  out  of  the  treasury,  or 
any  public  funds  of  such  city,  or  city  and  county,  and  not  hereinbefore  in  this 
section  specified,  must,  before  they  can  be  allowed  by  the  auditor  in  any  manner, 
or  recognized,  or  paid,  be  first  approved  by  the  municipal  council,  except,  if  the 
demand  be  under  two  hundred  dollars,  by  the  mayor  and  two  members  of  the 
board  of  aldermen,  appointed  by  the  said  board  for  that  purpose,  with  power  to 
act  under  and  subject  to  its  instructions  and  regulations  during  recess  of  the  said 
board.  The  auditor  must  number  and  keep  a  record  of  all  demands  on  the 
treasury  allowed  by  him,  showing  the  number,  date,  amount,  and  name  of  the 
original  and  present  holder,  on  what  account  allowed,  out  of  what  fund  payable, 
and,  if  previously  approved,  by  what  officer,  officers,  or  board  it  has  been  so 
approved;  and  it  shall  be  deemed  a  misdemeanor  in  office  for  the  auditor  to 
deliver  any  demand  with  his  allowance  thereon  until  this  requisite  shall  have 
been  complied  with. 

§  95.  The  mayor,  mayor's  clerk,  auditor,  auditor's  clerk,  chief  of  police,  police 
commissioners,  president  of  the  board  of  education,  each  member  of  the  municipal 
council,  and  every  other  officer  required  by  law  or  ordinance  to  allow,  audit,  or 
certify  demands  upon  the  treasury,  or  to  perform  any  other  official  act  or  func- 
tion, shall  have  power  to  administer  oaths  and  affirmations,  and  take  and  hear 
testimony  concerning  any  matter  or  thing  concerning  any  demand  upon  the 
treasury,  or  otherwise  relating  to  their  official  duties.  Every  officer  who  shall 
approve,  allow,  or  pay  any  demand  on  the  treasury  not  authorized  by  law, 
or  by  a  valid  ordinance  of  the  municipal  council,  passed  in  accordance  with  the 
same,  or  in  case  it  is  the  act  of  a  board,  who  shall,  as  a  member  thereof,  vote 
for  the  same,  shall  be  liable  to  the  city,  or  city  and  county,  individually,  and  on 
his  official  bond,  for  the  amount  of  the  demand  so  illegally  approved,  allowed,  or 
paid.  Every  citizen  shall  have  the  right  to  inspect  the  books  of  the  auditor, 
treasurer,  secretary  of  the  board  of  aldermen,  and  clerk  of  the  house  of  assistant 
aldermen,  at  any  time  during  business  hours.  Copies  or  extracts  from  said  books, 
duly  certified,  shall  be  given  by  the  officer  having  the  same  in  custody,  to  any 
citizen  demanding  the  same  and  paying  fifteen  cents  per  folio  of  one  hundred 
words  for  such  copies  or  extracts. 

§  96.  Every  lawful  demand  upon  the  treasury,  duly  audited  as  in  this  chap- 
ter required,  shall  in  all  cases  be  paid  on  presentation,  and  canceled,  and  the 
proper  entry  thereof  be  made,  if  there  be  sufficient  money  in  the  treasury  be- 
longing to  the  fund  out  of  which  it  is  payable ;  but  if  there  be  not  sufficient  money 
belonging  to  said  fund  to  pay  such  demand,  then  it  shall  be  registered  in  a  book 
to  be  kept  by  the  treasurer  for  that  purpose,  showing  its  number,  when  presented, 


780  MUNICIPAL,    CORPORATIONS — PRESENTING    DEMAND — APPEAL. 

date,  amount,  name  of  the  original  holder,  and  on  what  account  allowed,  and  out 
of  what  fund  j)ayable,  and  being  so  registered,  shall  be  returned  to  the  party  pre- 
senting it,  with  an  indorsement  of  the  word  "Registered,"  dated  and  signed 
by  the  treasurer. 

§  97.  Whenever*  any  audited  demand  has  been  presented  to  the  treasurer  and 
not  paid,  and  it  be  made  known  to  the  president  of  the  board  of  aldermen,  he 
shall  proceed  immediately  to  investigate  the  cause  for  such  non-payment,  and 
if  it  be  ascertained  that  the  demand  has  been  illegally  and  fraudulently  ap- 
proved or  allowed,  lie  shall  cause  the  officer  guilty  of  such  illegal  and  fraudulent 
approval  or  allowance  to  be  suspended  and  proceeded  against  for  misconduct  in 
office.  If  he  ascertains  that  the  demand  has  been  duly  audited,  and  that  the 
treasurer  has  funds  applicable  to  the  payment  thereof,  which,  without  reasonable 
grounds  for  doubt  as  to  the  legality  of  such  payment,  he  refuses  to  apply 
thereto,  he  shall  proceed  against  him  as  a  defaulter.  If  it  be  ascertained  that  the 
demand  was  not  paid  for  want  of  funds,  then  he  shall  cause  the  tax  collector,  or 
other  officer  or  person  who  ought  to  have  collected  or  to  have  paid  the  money  into 
the  treasury,  if  they  have  been  grossly  negligent  therein,  to  be  proceeded  against 
according  to  law  and  without  delay. 

§  98.  The  treasurer,  for  all  money  received  into  the  treasury,  and  all  other 
officers  of  such  city,  or  city  and  county,  receiving  money  from  the  treasury 
for  disbursement,  shall  give  receipt  for  all  moneys  by  them  received,  which 
receipt  shall  be  presented  to  and  countersigned  by  the  auditor.  The  auditor, 
before  countersigning  any  such  receipt,  shall  number  it  and  make  an  entry 
in  a  book  of  record  to  be  kept  in  his  office  for  that  purpose,  of  the  number, 
date,  and  amount,  by  whom  and  in  whose  favor  given,  and  on  what  account. 
No  such  receipt  shall  be  valid  as  evidence  in  favor  of  the  person  or  officer 
receiving  it  till  presented  to  the  auditor  and  countersigned  as  aforesaid;  and 
any  person  or  officer  using  or  offering  to  use  such  receipt  as  evidence  in 
favor  of  such  person  or  officer,  of  the  payment  specified  in  it,  without  being 
first  countersigned  as  above  required,  shall  forfeit  to  such  city,  or  city  and 
county,  double  the  amount  of  money  specified  in  such  receipt. 

§  99.  If  any  person  feel  aggrieved  by  the  decision  of  the  auditor,  or  other 
proper  officer  or  officers  of  such  city,  or  city  and  county,  except  the  board 
of  education,  in  the  rejection  of  or  refusal  to  approve  or  allow  any  demand 
upon  the  treasury  presented  by  such  person,  he  may  appeal  and  have  the  same 
passed  upon  by  the  municipal  council,  whose  decision  thereon  shall  be  final; 
and  if  the  said  council  shall  approve  and  allow  the  demand,  it  shall  after- 
wards be  presented  to  the  auditor,  and  entered  in  the  proper  book,  in  like 
manner  as  other  demands  allowed  by  him,  and  an  indorsement  must  be  made 
of  its  having  been  so  entered  before  it  can  be  paid;  but  nothing  herein  con- 
tained shall  be  construed  to  bar  the  party  presenting  the  claim  from  prose- 
cuting the  same  in  any  court  of  competent  jurisdiction ;  provided,  that  from 
the  decision  of  the  president  of  the  board  of  education  and  superintendent 
of  schools,  refusing  or  not  agreeing  to  allow  any  demand  payable  out  of  the 
school  fund,  the  appeal  shall  be  taken  to  the  board  of  education,  whose 
decision  shall  be  final;  but  nothing  herein  contained  shall  be  construed  to  bar 
the  party  presenting  the  claim  from  prosecuting  the  same  in  any  court  of 
competent  jurisdiction. 


MUNICIPAL  CORPORATIONS— COLLECTIOIV  AND  PAYMENT   OF  FUNDS.  781 

§  100.  In  all  cases  of  such  appeals  to  the  municipal  council,  or  the  board 
of  education,  if,  in  the  opinion  of  said  council  or  of  said  board  deemed 
expedient,  the  opinion  of  the  city,  or  city  and  county,  attorney  shall  be 
required,  and  obtained  in  writing,  read,  and  filed ;  and  upon  such  appeal,  and 
in  all  other  cases  upon  the  approval  or  allowance  of  any  demand  upon  the 
treasury  or  school  fund,  the  vote  shall  be  taken  by  "yeas"  and  "nays,"  and 
entered  upon  the  records. 

§  101.  The  president  of  the  board  of  aldermen,  in  conjunction  with  the 
auditor  and  the  chairman  of  the  house  of  delegates  of  such  city,  or  city  and 
county,  shall,  every  month,  examine  the  books  of  the  treasurer  and  other 
officers  of  such  city,  or  city  and  county,  having  the  collection  and  custody 
of  the  public  funds,  and  shall  be  permitted,  and  it  shall  be  their  duty,  to  see 
and  count  over  all  the  moneys  remaining  in  the  hands  of  such  treasurer,  or 
other  officer,  after  having  previously  ascertained  the  amount  which  should 
be  remaining  in  his  hands.  The  finance  committee  shall  also,  twice  a  year, 
viz.,  on  the  first  Monday  in  July  and  January,  make  the  same  examination 
of  books,  count  said  money,  and  report  the  result  to  the  municipal  council. 
If  they  ascertain  clearly  that  such  treasurer,  or  other  officer,  is  a  defaulter, 
they  shall  forthwith  take  possession  of  all  funds,  books,  and  papers  belonging 
to  such  office,  and  the  president  of  the  board  of  aldermen  shall  appoint  a  per- 
son to  fill  the  same  until  the  said  defaulting  officer  can  be  proceeded  against 
according  to  law,  which  shall  be  done  without  delay,  and  until  the  said  officer 
shall  be  restored  to  duty  or  office,  or  until  his  successor  shall  be  appointed,  or 
elected  and  qualified.  The  person  so  appointed  shall  give  bonds  and  take  the 
oath  of  office  in  the  same  manner  as  was  required  of  the  officer  whose  place  he 
is  appointed  to  fill.  If  the  treasurer,  or  other  officer  so  discharged  as  defaulter, 
be  acquitted  thereof,  he  shall  resume  his  duties. 

§  102.  Neither  the  municipal  council,  the  board  of  education,  nor  any  other 
board,  commission,  committee,  officer,  or  person,  shall  have  power  to  authorize, 
allow,  contract  for,  pay,  or  render  payable,  and  they  are  prohibited  from 
authorizing,  allowing,  contracting,  paying,  or  rendering  payable,  in  present 
or  future,  in  any  one  month,  any  demand  or  demands,  liability  or  liabilities, 
against  the  treasury  of  such  city,  city  and  county,  or  the  funds  thereof,  which 
shall,  in  the  aggregate,  exceed  one  twelfth  part  of  the  amount  allowed  by 
laws  existing  at  the  time  of  such  contract,  authorization,  allowance,  payment 
or  liability,  to  be  expended  within  the  fiscal  year  of  which  said  month  is  a 
part;  provided,  however,  that  if,  at  the  beginning  of  any  month,  any  money 
remains  unexpended  in  any  of  the  funds  set  apart  for  maintaining  the  munici- 
pal government  of  such  city,  or  city  and  county,  and  which  might  lawfully 
have  been  expended  the  preceding  month,  such  unexpended  sum  or  sums 
may  be  carried  forAvard  and  expended  by  order  of  the  municipal  council,  for 
the  same  purpose  allowed  by  law  in  any  succeeding  month  of  the  fiscal  year. 
All  contracts,  authorizations,  allowances,  payments,  and  liabilities  to  pay, 
made  or  attempted  to  be  made,  in  violation  of  this  section,  shall  be  absolutely 
void,  and  shall  never  be  the  foundation  or  basis  of  a  claim  against  the  treasury 
of  such  city,  or  city  and  county;  and  all  officers  of  such  city,  or  city  and 
county,  are  hereby  charged  with  notice  of  the  condition  of  the  treasury  of 
such  city,  or  city  and  county,  and  the  extent  of  the  claims  against  the  same. 


782  MUNICIPAL.  CORPORATIONS — SUPERINTENDENT  OP   STREETS — DUTIES. 

§  103.  It  is  the  duty  of  the  superintendent  of  streets  to  keep  an  exact 
account  of  all  street  and  sewer  work  upon  accepted  streets,  and  it  shall  be 
the  duty  of  the  building  committee  to  keep  an  account  of  all  w^ork  done 
on  all  public  buildings  and  every  other  expenditure  chargeable  against  the 
treasury  in  any  of  the  departments  under  charge  of  said  building  committee 
and  officers ;  and  it  is  the  duty  of  the  superintendent  of  schools,  the  president 
of  the  board  of  education,  the  president  of  the  board  of  fire  commissioners, 
the  president  of  the  board  of  election  directors,  the  president  of  the  board 
of  police  commissioners,  and  every  other  officer  and  board  having  the  power 
to  contract  any  demand,  or  to  aid  in  the  contraction  of  any  demand,  against 
said  treasury,  to  keep  an  exact  and  full  account  of  all  purchases,  expenditures, 
and  liabilities  made  or  contracted  in  their  respective  departments ;  and  for  the 
purpose  of  making  such  accounts,  said  officers  shall  have  power  to  demand  and 
receive  from  every  other  city,  or  city  and  county,  officer,  detailed  statements  in 
writing,  when  necessary  to  keep  said  accounts,  and  it  is  hereby  made  the  duty  of 
any  and  all  officers  to  furnish  said  statements  when  demanded;  such  accounts 
shall  be  constantly  posted  up  to  date,  so  that  it  can  be  known  exactly  at  any 
time  what  part  or  proportion  of  the  monthly  sum  allowed  by  this  chapter  and 
existing  laws  has  been  contracted  for,  paid,  or  rendered  liable  to  pay  in  the 
present  and  future.  Such  accounts  shall  show  every  contract  for  street  and 
sewer  work,  public  buildings,  purchases  of  material,  or  supplies,  or  other 
expenditure,  in  whatever  department  it  is  made,  from  its  incipiency  through 
the  various  stages  of  progress  to  completion,  with  the  amount  to  be  paid  for 
the  same  so  far  as  the  same  is  capable  of  exact  estimation,  and  when  not,  then 
a  sworn  estimate  by  the  proper  officer  of  the  probable  cost.  Whenever,  at  any 
time,  the  contracts  performed  or  unperformed,  claims  due  or  to  become  due, 
exceed  said  one  twelfth  part  of  the  amount  that  can  be  lawfully  expended  out 
of  any  fund  in  the  current  fiscal  year,  the  president  of  the  board,  head  of  depart- 
ment, or  other  officer  or  board  having  the  supervision  of  such  expenditure, 
shall  give  notice  thereof  in  writing,  as  to  his  or  their  department,  to  the 
auditor  and  the  treasurer,  and  to  the  municipal  council  a  notice  in  writing, 
served  upon  the  clerks  of  each  branch  thereof,  and  shall  post  the  same  in  his 
or  their  office,  from  which  time  no  further  contracts  shall  be  made  or  expendi- 
tures authorized  or  allowed,  until  such  time  has  elapsed  as  will  allow  of 
further  proceedings  consistent  with  the  provisions  of  the  law. 

§  104.  Any  failure  or  neglect  on  the  part  of  any  of  said  officers  or  boards, 
or  members  of  boards,  to  comply  with  any  of  the  provisions  of  the  preceding 
sections,  shall  render  such  officer,  and  each  member  of  such  board  consenting 
thereto,  liable  personally  and  upon  his  official  bond  to  any  contractor  or  other 
person  suffering  damage  by  said  failure  or  neglect;  but  such  contractor  or 
person  damaged  shall  have  no  remedy  against  such  city,  or  city  and  county, 
and  the  said  officers  or  members  of  boards  authorizing  or  aiding  to  authorize, 
auditing,  or  allowing  any  claim  or  demand  upon  or  against  said  treasury, 
or  any  fund  thereof,  in  contravention  thereof,  shall  be  liable  in  person  and 
on  his  official  bond  to  the  contractor  or  person  damaged,  to  the  extent  of 
his  loss.  The  treasurer  paying  any  claim  authorized,  allowed,  or  audited  in 
contravention  of  the  provisions  thereof  shall  be  liable  on  his  official  bond  to 
refurd  the  same  to  such  city,  or  city  and  county,  and  it  shall  be  the  duty  of 
the  (ity,  or  city  and  county,  attorney  to  sue  for  the  same,  if  necessary. 


MUNICIPAL,     CORPORATIONS— POWER     ON    PUBLIC     CALAMITY.  783 

§  105.  In  case  of  any  great  public  calamity  or  danger,  such  as  earthquakes, 
conflagrations,  pestilence,  invasion,  insurrection,  or  other  great  and  unfore- 
seen emergency,  the  provisions  of  the  three  preceding  sections  may  be  tempo- 
rarily suspended,  as  to  any  lawful  contract,  authorization,  or  expenditure 
necessary  to  avert,  mitigate,  or  relieve  such  evil ;  provided,  that  such  expendi- 
ture, contract,  or  authorization  shall  be  passed  by  the  unanimous  vote  of  all 
members  elected  or  appointed  to  each  house  of  the  municipal  council,  and 
entered  in  the  journals  of  each  house,  and  the  character  and  fact  of  such 
emergency  must  be  recited  in  the  ordinance  authorizing  such  action ;  and  such 
ordinance  must  be  approved  by  the  mayor,  auditor,  and  treasurer  of  such  city, 
or  city  and  county. 

§  106.  All  city,  or  city  and  county,  official  printing  and  advertising,  for  all 
departments  thereof,  excepting  that  of  the  sheriff's  office,  shall  be  let  by  the 
municipal  council,  during  the  month  of  January  of  each  year,  to  the  lowest 
responsible  bidder,  printing,  publishing,  and  proposing  to  advertise  in  a 
newspaper  of  general  circulation  in  such  city,  or  city  and  county,  and  that 
has  been  in  existence  at  the  time  of  the  letting  of  said  contract  at  least  three 
years;  and  provided,  that  any  such  newspaper  may  bid  for  the  whole  or  any 
part  of  the  advertising.  The  bids  shall  be  opened  by  the  board  of  aldermen, 
and  all  bidders  may  be  present  thereat.  No  bid  shall  be  considered  in  which 
there  shall  be  any  erasure  or  interlineation.  All  such  contracts,  when  awarded, 
shall  be  entered  into  and  bonds  taken  by  the  clerk  of  the  board  of  aldermen, 
in  such  sum  and  containing  such  conditions  as  the  board  of  aldermen  shall 
provide. 

§  107.  All  contracts  relating  to  city,  or  city  and  county,  affairs  shall  be 
in  writing,  signed  and  executed  in  the  name  of  the  city,  or  city  and  county, 
by  the  officer  authorized  to  make  the  same;  and  in  cases  not  otherwise 
directed  by  law,  such  contracts  shall  be  made  and  entered  into  by  the  mayor. 
All  contracts  shall  be  countersigned  by  the  auditor,  and  registered,  by  number 
and  dates,  in  his  office,  in  a  book  to  be  kept  by  him  for  that  purpose.  In  all 
cases  of  letting  contracts  to  bidders,  when  for  any  reason  a  contract  fails 
of  completion,  new  bids  shall  be  invited,  opened,  and  awarded,  as  provided 
in  this  chapter  in  the  first  instance,  until  a  sufficient  contract  is  executed. 
In  all  cases  when  the  board  of  aldermen  have  reason  to  think  the  prices  too 
high,  or  that  bidders  have  combined  together  to  prevent  genuine  bidding, 
or  for  any  reason  that  the  public  interests  will  be  subserved,  it  may  in  its 
discretion,  reject  any  and  all  bids,  and  cause  the  same  to  be  readvertised. 
The  provisions  of  this  act,  as  to  bids  and  contracts,  shall  be  enforced  by  the 
municipal  council  by  appropriate  ordinances  as  to  all  bids,  proposals,  and 
contracts  with  such  city,  or  city  and  county,  or  any  department  thereof. 

ARTICLE   IV. — EXECUTIVE   DEPARTMENT. 

§  118.  The  mayor  shall  be  the  chief  executive  officer :  shall  be  a  qualified 
voter,  at  least  twenty-five  years  of  age,  and  shall  have  been  a  citizen  of  the 
United  States  and  of  this  state,  and  a  resident  in  such  city,  or  city  and 
county,  for  three  years.  It  shall  be  his  duty  vigilantly  to  observe  the  official 
conduct  of  all  public  officers  of  such  city,  or  city  and  county,  and  to  take 
note  of  the  fidelity  and  exactitude,  or  the  want  thereof,  with  which  they 


784  MUNICIPAL,     CORPORATIONS — FINANCE     DEPARTMENT — AUDITOR. 

execute  their  duties  and  obligations,  especially  in  the  collection,  custody, 
administration,  and  disbursement  of  the  public  funds  and  property,  for  which 
purpose  the  books,  records,  and  official  papers  of  all  boards,  officers,  and 
magistrates  of  such  city,  or  city  and  county,  shall  at  all  times  be  open  to  his 
inspection.  He  shall  take  especial  care  to  see  that  the  books  and  records  of 
all  such  officers  are  kept  in  legal  and  proper  form;  and  any  official  defalca- 
tion, or  wilful  neglect  of  duty,  or  official  misconduct,  which  he  may  have 
discovered,  or  which  shall  have  been  reported  to  him,  shall  at  the  earliest 
opportunity  be  laid  before  the  municipal  council,  and  before  the  grand  jury, 
in  order  that  the  public  interests  shall  be  protected  and  the  officer  in  default 
be  proceeded  against  according  to  law.  He  shall,  from  time  to  time,  give  the 
municipal  council  information  relative  to  the  state  of  such  city,  or  city  and 
county,  and  shall  recommend  to  their  consideration  such  measures  as  he 
may  deem  expedient  in  the  interests  of  the  city.  He  shall  take  care  that  the 
laws  of  the  state  and  the  ordinances  of  the  municipal  council  are  enforced. 

§  119.  Whenever  and  so  long  as  the  mayor,  from  any  cause,  is  unable  to 
perform  his  official  duties,  the  board  of  aldermen  shall  designate  one  of  their 
number  as  mayor  pro  tempore,  who  shall  perform  the  same. 

§  120.  The  mayor  may,  by  due  notice,  call  special  sessions  of  the  municipal 
council,  and  shall  specially  state  to  them,  when  assembled,  the  objects  for 
which  they  have  been  specially  convened,  and  their  actions  shall  be  confined 
to  such  objects. 

§  121.  The  auditor  shall  be  the  head  of  the  finance  department  of  such 
city,  or  city  and  county,  and  as  such  required  to  be  constantly  acquainted 
with  exact  condition  of  the  treasury,  and  every  lawful  demand  upon  it.  He 
shall  keep  a  public  office,  and  give  his  personal  attendance  there  daily  during 
the  office  hours  fixed  in  this  chapter,  and  shall  not  follow  or  engage  in  any 
other  occupation  or  calling  while  he  holds  said  office.  If  he  absents  himself 
from  his  office  during  such  office  hours,  except  on  indispensable  official  busi- 
ness or  urgent  necessity,  he  shall  lose  his  salary  for  the  day;  and  it  shall  be 
a  part  of  his  official  duty  to  keep  account  of  the  times  and  occasions  when 
he  shall  be  so  absent  from  duty.  He  shall  be  the  general  accountant  of  such 
city,  or  city  and  county,  and  as  such  it  shall  be  his  duty  to  receive  and  pre- 
serve in  his  office  all  accounts,  books,  vouchers,  documents,  and  papers  relat- 
ing to  the  accounts  or  contracts  of  such  city,  or  city  and  county;  its  debts, 
revenues,  and  other  fiscal  affairs,  and  to  adopt  a  proper  mode  and  manner 
of  double-entry  bookkeeping,  and  keep  the  accounts  of  such  city,  or  city  and 
county,  general  and  special,  in  a  systematic  and  orderly  manner.  He  shall 
state  and  render  all  accounts  filed  or  kept  in  his  office  between  the  city  and 
other  persons  or  body  corporate,  except  when  otherwise  provided  by  law  or 
ordinance.  He  shall  have  power  to  administer  oaths,  and  shall  require  settle- 
ments of  accounts  to  be  verified  by  affidavit  whenever  he  thinks  proper.  He 
shall  be  responsible  for  all  acts  of  his  employees. 

§  122.  The  treasurer  of  such  city,  or  city  and  county,  shall  receive  and 
safely  keep  in  a  secure  fireproof  vault,  to  be  prepared  for  that  purpose,  all 
moneys  belonging  to  or  which  shall  be  paid  into  the  treasury,  and  shall  not 
loan,  use,  or  deposit  the  same,  or  any  part  thereof,  to  or  with  any  banker  or 


MUNICIPAL,  CORPORATIONS— TREASURER,  CLERK,  JUDGE,  ETC.  785 

other  person,  nor  pay  out  any  part  of  said  moneys  except  on  demand  author- 
ized by  this  chapter,  and  after  they  have  been  duly  audited.  He  shall  keep 
the  key  of  said  vault,  and  not  suffer  the  same  to  be  opened  except  in  his  pres- 
ence. At  the  closing  up  of  the  same  each  day  he  shall  take  an  account  and 
enter  in  the  proper  book  the  exact  amount  of  money  on  hand,  and  at  the  end 
of  every  mouth  he  shall  make  and  publish  a  statement  of  all  receipts  into 
and  paj^ments  from  the  treasury,  and  on  what  account.  If  he  violates  any 
of  the  provisions  of  this  section  he  shall  be  considered  a  defaulter,  and  shall 
be  deemed  guilty  of  a  misdemeanor  in  office,  and  be  liable  to  removal,  and 
shall  be  proceeded  against  accordingly.  If  he  loan  or  deposit  said  moneys, 
or  any  part  thereof,  contrary  to  the  provisions  of  this  section,  or  apply  the 
same  to  his  own  use,  or  the  use  of  any  other  person,  in  any  manner  whatso- 
ever, or  suffer  the  same  to  go  out  of  his  personal  custody,  except  in  payment 
of  audited  demands  upon  the  treasury,  he  shall  be  deemed  guilty  of  a  felony, 
and,  on  conviction  thereof,  shall  suffer  imprisonment  in  the  state  prison  for  a 
period  not  less  than  three  months  nor  more  than  ten  years. 

§  123.  The  treasurer  shall  keep  the  money  belonging  to  each  fund  sepa- 
rate and  distinct,  and  shall  in  no  case  pay  demands  chargeable  against  one 
fund  out  of  moneys  belonging  to  another,  except  as  otherwise  provided  in  this 
chapter,  without  an  express  ordinance  of  the  municipal  council,  which  can 
only  be  made  during  or  after  the  end  of  the  third  quarter  of  the  fiscal  year, 
by  a  vote  of  two  thirds  of  each  house.  The  said  treasurer  shall  give  his  per- 
sonal attendance  at  his  public  office  during  the  office  hours  fixed  by  this 
chapter,  and  if  he  be  absent  himself  therefrom,  except  on  account  of  sickness 
or  urgent  necessity  during  such  office  hours,  he  shall  lose  his  salary  for  the 
entire  day  on  which  he  was  absent. 

§  124.  The  county  clerk  of  such  city  and  county  shall  take  charge  of  and 
safely  keep,  or  dispose  of  according  to  law,  all  books,  papers,  and  records 
which  are  or  may  be  filed  or  deposited  in  his  office,  and  of  all  the  courts  of 
which  he  is  clerk;  and  he  shall  not  allow  any  paper,  files,  or  records  to  leave 
his  custody,  except  when  required  by  the  judges  of  the  courts,  to  be  used  by 
them  or  any  of  them. 

§  125.  No  judge  or  officer  of  any  court  shall  make  any  order  for  the 
delivery  by  the  county  clerk  of  such  city  and  county,  of  any  paper,  files,  or 
records  in  his  custody,  except  bills  of  exceptions  and  statements  on  motion 
for  a  new  trial;  nor  shall  the  courts,  or  judges  thereof,  have  any  power  to 
make  orders  for  the  delivery  of  any  certificate  of  incorporation,  bonds,  or 
other  papers  filed  with  the  said  county  clerk.  Whenever  any  of  said  papers 
are  required  for  evidence  in  any  of  the  courts  within  such  city  and  county, 
the  county  clerk,  or  his  deputies,  shall  produce  the  same  under  subpoena  or 
order  of  the  court,  or  furnish  certified  copies  of  the  same  on  application,  on 
payment  to  said  clerk  for  said  copy  at  the  rate  of  ten  cents  per  folio  for  each 
hundred  words,  which  shall  be  paid  into  the  city  and  county  treasury  by  him. 

§  126.  Neither  the  county  clerk  nor  any  of  his  deputies  shall  be  required 
to  attend  as  witnesses,  in  their  official  capacities,  outside  of  such  city  and 
county,  except  in  criminal  cases,  unless  his  expenses  be  paid  at  the  rate  of  ten 
cents  per  mile  to  and  from  the  place  where  lie  may  be  required,  and  three 

Gen.   Laws — 50 


786  MUNICIPAL,    CORPORATIONS — TAX    COLLECTOR — ASSESSOR. 

dollars  a  day  for  each  day's  attendance.  A  sufficient  number  of  deputies  shall 
be  assigned  by  him  as  court-room  clerks  to  the  various  courts  of  which  he  is 
the  official  clerk,  while  such  courts  are  in  session,  and  to  do  duty  in  the  office 
when  such  courts  are  not  in  session.  He  shall  transfer  such  deputies  to  duty 
in  court,  or  at  his  office,  as  the  exigency  of  the  service  may  require,  so  as  to 
efficiently  perform  the  work  in  the  most  economical  manner  possible. 

§  127.  On  the  commencement  in  or  removal  to  the  superior  court  of  such 
city  and  county  of  any  civil  action  or  proceeding,  he  shall  collect  from  the 
plaintiff,  or  party  instituting  such  proceeding  or  filing  the  first  papers  therein, 
the  sum  of  one  dollar,  and  pay  over  the  same  at  the  end  of  each  month  to  the 
treasurer  of  the  law  library  provided  for  in  this  chapter;  and  the  payment 
of  the  sum  of  one  dollar  shall  be  a  condition  precedent  to  the  commencement 
of  such  action  or  proceeding,  for  which  sum  so  required  to  be  collected  he 
and  his  sureties  shall  be  responsible  on  his  official  bond. 

§  128.  The  tax  collector,  upon  the  final  settlement  to  be  made  by  him  as 
such  tax  collector,  according  to  the  requirements  of  the  law,  shall  be  charged 
with,  and  shall  pay  into  the  hands  of  the  treasurer,  the  full  amount  of  all 
taxes  paid  to  him  under  protest  or  otherwise,  or  by  him  collected  and  not  pre- 
viously paid  over,  without  any  deduction  of  commissions,  fees,  or  otherwise ; 
he  shall  also  be  charged  with  and  be  deemed  debtor  to  the  treasury  for  the 
full  amount  of  all  taxes  due  upon  the  delinquent  list  delivered  to  him  for 
collection,  unless  it  be  made  to  appear  that  it  was  out  of  his  power  to  collect 
the  same  by  levy  and  sale  of  any  property  liable  to  be  seized  and  sold  there- 
for. If  the  impossibility  to  collect  any  portion  of  such  delinquent  taxes  have 
resulted  from  such  negligence  or  defects  in  such  assessment  caused  by  the 
wilful  misconduct  of  the  assessor,  then  the  assessor  whose  duty  it  was  to  make 
the  assessment  shall  be  liable  and  be  deemed  debtor  to  the  treasury  for  the 
amount  remaining  uncollected  for  that  cause. 

§  129.  There  shall  be  elected  by  the  qualified  voters  of  such  city,  or  city 
and  county,  at  the  general  state  election,  an  assessor,  who  shall  take  office 
on  the  first  Monday  after  the  first  day  of  January  next  following  his  election, 
and  hold  for  the  term  of  four  years,  and  until  his  successor  is  elected  and 
qualified.  It  shall  be  his  duty  to  assess  all  taxable  property  within  such 
city,  or  city  and  county. 

§  130.  The  sheriff  shall  attend  in  person,  or  by  deputy,  all  the  courts  in 
and  for  such  city  and  county,  except  the  police  courts.  He  shall  obey  the  law- 
ful orders  and  directions  of  such  courts,  and  in  all  other  respects  conform  to 
the  laws  regulating  sheriffs  in  this  state. 

§  131.  The  recorder  of  such  city  and  county  shall  have  the  custody  of  all 
books,  records,  maps,  and  papers  deposited  in  his  office.  He,  or  his  chief 
deputy,  when  any  papers  are  presented  for  registration,  or  to  be  copied,  shall 
write  on  the  margin  of  each  paper  so  presented  the  number  of  folios  paid 
for,  and  shall,  in  his  monthly  return  to  the  treasurer,  certify  under  oath  the 
number  of  folios  copied  or  registered  by  each  deputy  or  copyist  appointed 
by  him ;  and  such  certificate  of  the  recorder  or  his  chief  deputy  shall  be  con- 
clusive evidence  to  authorize  the  auditor  to  audit  such  certified  accounts  of 
such  deputies  or  copyists  monthly.     He  shall  appoint   as  many  copyists   as 


MUNICIPAL,     CORPORATIONS — ATTORNEY — DUTIES    AND    POWERS.  787 

he  shall  deem  necessary  to  the  proper  discharge  of  the  duties  of  his  office,  who 
shall  be  paid  at  the  rate  of  twelve  cents  per  folio  of  one  hundred  words  for  all 
matters  registered  or  copied  by  them  respectively. 

§  132.  The  district  attorney  is  the  public  prosecutor,  and  shall  be  an  attor- 
ney of  the  supreme  court,  and  shall  attend  the  superior  court  of  this  state,  in 
and  for  such  city  and  county,  and  such  other  courts  as  may  be  hereafter  estab- 
lished in  and  for  the  same,  and  conduct  therein,  on  behalf  of  the  people,  all 
prosecutions  for  public  offenses.  He  shall  perform  such  other  duties  as  are 
prescribed  by  law. 

§  133.  The  city,  or  city  and  county,  attorney  shall  be  an  attorney  of  the 
supreme  court,  and  shall  prosecute  and  defend  all  suits  and  actions  at  law 
and  in  equity,  and  conduct  all  legal  proceedings,  in  the  courts  and  elsewhere, 
necessary  to  preserve  and  protect  such  city's,  or  city  and  county's,  rights, 
whether  such  suits  or  proceedings  be  conducted  in  the  name  of  such  city,  or 
city  and  county,  or  in  the  name  of  others.  He  shall  give  legal  advice  to  the 
city  government,  and  all  the  officers,  boards,  and  departments  thereof,  when 
required  so  to  do,  and  perform  such  other  duties  as  such  attorney  as  the 
municipal  council  shall  from  time  to  time  prescribe.  He  shall  keep  in  his 
office  well-bound  books  of  registry,  in  which  shall  be  entered  and  kept  a  regis- 
ter of  all  actions,  suits,  and  proceedings  in  which  such  city,  or  city  and  county, 
is  interested.  Each  outgoing  city,  or  city  and  county,  attorney  shall  deliver 
such  books  and  all  other  records,  law  reports,  quarterly  reports  from  munici- 
pal boards  and  officers,  documents,  statutes,  papers,  furniture,  and  property, 
in  his  possession,  to  his  successor  in  office,  who  shall  give  him  duplicate 
receipts  therefor,  one  to  be  filed  in  the  office  of  the  auditor,  and  one  to  be 
retained  by  the  outgoing  city,  or  city  and  county,  attorney. 

§  134.  The  public  administrator  of  such  city,  or  city  and  county,  shall  be 
subject  to  the  orders  of  the  superior  court  in  and  for  such  city,  or  city  and 
county,  and  shall  perform  all  the  duties  prescribed  by  law. 

§  135.  The  coroner  of  such  city,  or  city  and  county,  in  addition  to  the 
duties  imposed  by  law  upon  every  coroner,  shall  keep  a  record  of  all  inquests 
held  by  him,  "with  a  copy  of  all  testimony  and  the  inquisition  of  the  jurors  in 
full;  and  in  case  of  loss  of  the  original  records,  the  same  shall  be  admissible 
in  evidence  with  like  effect  as  the  original  would  have  been.  He  may  appoint 
such  deputies,  and  a  messenger  or  messengers,  as  are  allowed  in  this  act, 
or  as  may  be  hereafter  allowed  by  the  municipal  council  of  such  city,  or 
city  and  county.  He  shall  receive  no  fees  for  any  services  rendered  by 
him. 

§  136.  The  superintendent  of  streets  shall  keep  a  public  office,  in  some 
convenient  place,  to  be  designated  by  the  municipal  council.  His  office  shall 
be  kept  open  as  in  this  chapter  provided.  He  shall  not,  during  his  continu- 
ance in  office,  follow  any  other  profession  or  calling,  but  shall  be  required  to 
devote  himself  exclusively  to  the  duties  of  his  said  office.  He  shall  have  under 
his  special  charge  the  construction,  reconstruction,  repairing,  and  cleansing 
of  all  public  sewers,  manholes,  sinks,  drains,  cesspools,  and  of  the  public 
streets,  highways,  alleys,  places,  and  squares,  excepting  the  parks.  It  shall 
be  his  duty  to  see  that  the  laws,  orders,  and  regulations  relative  to  the  public 


7SS  MUNICIPAL,     CORPORATIONS — SURVEYOR — MUNICIPAL,    COUNCIL. 

streets  and  highways,  alleys,  places,  and  squares  are  carried  into  execution, 
and  that  the  penalties  therefor  are  rigidly  enforced,  as  may  be  prescribed  by 
the  municipal  council.  He  shall  keep  himself  informed  of  the  condition  of  all 
public  streets,  highways,  alleys,  places,  and  squares;  and  should  he  fail  to  see 
that  the  laws,  ordinances,  and  regulations  relating  to  the  public  streets,  high- 
ways, alleys,  places,  and  squares  are  carried  into  execution,  after  notice  from 
any  citizen  of  a  violation  thereof,  such  superintendent  and  his  sureties  shall 
be  liable  upon  his  official  bond  to  any  person  injured  in  person  or  property  by 
such  official  neglect. 

§  137.  The  city,  or  city  and  county,  surveyor  shall  be  engineer  in  chief  of 
such  city,  or  city  and  county,  and  of  the  sewerage  system ;  shall  make  all 
necessary  plans,  surveys,  maps,  and  drawings,  and  other  necessary  things,  and 
keep  the  same  in  his  office ;  and  all  such  maps,  plans,  machinery,  and  drawings 
shall  be  the  property  of  such  city,  or  city  and  county,  and  remain  in  the 
office,  and  be  transferred  by  the  outgoing  to  the  incoming  officer.  H6  shall 
do  all  necessary  surveying  and  engineering  for  the  streets,  alleys,  highways, 
and  squares,  at  the  request  of  the  municipal  council,  or  of  any  committee 
appointed  by  either  branch  of  the  same,  and  all  or  any  other  surveying  and 
engineer  [ing]  work  that  such  city,  or  city  and  county,  may  require,  and  of 
the  public  parks,  at  the  request  of  the  park  commissioners. 

§  138,  Within  twenty  days  after  their  first  meeting,  the  municipal  council 
of  such  city,  or  city  and  county,  shall  appoint  a  suitable  person  as  collector 
of  licenses  of  such  city,  or  city  and  county,  who  shall  hold  office  for  two  years 
from  and  after  his  appointment,  and  until  his  successor  shall  be  appointed 
and  qualified.  In  case  of  a  vacancy  occurring  by  death  or  otherwise  in  the 
office  of  the  collector  of  licenses  of  such  city,  or  city  and  county,  holding  his 
office  under  the  provisions  of  this  chapter,  the  same  shall  be  filled  for  the 
remainder  of  the  unexpired  term  by  appointment  of  the  board  of  alder- 
men ;  and  in  case  of  the  inability  of  said  collector  of  licenses  to  act,  his  place 
shall,  in  the  same  manner,  be  temporarily  filled  until  such  disability  is 
removed.  The  collector  of  licenses  and  his  deputies  are  hereby  authorized, 
empowered,  and  required  to  collect  all  the  municipal  licenses  now  required 
to  be  collected,  or  which  shall  hereafter  be  required  to  be  collected  by  them, 
or  either  of  them;  and  it  shall  be  the  duty  of  said  collector  of  licenses,  and 
his  deputies,  or  assistant  collectors,  to  attend  to  the  collection  of  licenses, 
and  examine  all  places  of  business  and  persons  liable  to  pay  licenses,  and  to 
see  that  licenses  are  taken  out  and  paid  for.  They  shall  each  have  and  exer- 
cise, in  the  performance  of  their  official  duties,  the  same  powers  as  police 
officers  in  serving  process  or  summons,  and  in  making  arrests;  also  shall  each 
have  and  exercise  the  power  to  administer  such  oaths  and  affirmations  as 
shall  be  necessary  in  the  discharge  and  exercise  of  their  official  duties;  and 
they,  and  each  of  them,  are  hereby  empowered  to  enter  any  place  of  busi- 
ness for  which  a  license  by  law  is  provided  and  required,  free  of  charge,  at 
their  pleasure,  and  to  demand  the  exhibition  of  any  license  for  the  current 
time  from  any  person,  or  firm,  or  corporation  engaged  or  employed  in  the 
transaction  of  any  business  for  which  a  license  is  by  law  rendered  necessary ; 
and  if  such  person,  or  firm  or  corporation,  or  either  of  them,  shall  be  unable, 
or  refuse,  or  neglect,  or  fail,  to  then  and  there  exhibit  such  license,  he,  she, 


MUNICIPAL,  CORPORATIONS— LICENSE  COLLECTOR— POLICE  DEPARTMENT.     780 

or  they,  as  the  case  may  be,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  accordingly. 

§  139.  The  collector  of  licenses  shall  daily  pay  to  the  treasurer  of  such 
city,  or  city  and  county,  all  monej^s  so  collected  for  licenses  sold,  or  by  him 
received  as  fees;  and  shall,  under  oath,  at  least  once  in  each  calendar  month, 
and  often er  when  required  so  to  do  by  the  auditor,  make  to  the  auditor  a 
report  of  all  such  licenses  sold  and  on  hand,  and  of  all  amounts  so  paid  to 
the  city,  or  city  and  county,  treasurer;  shall  at  such  time  exhibit  to  the 
auditor  all  unsold  licenses  in  his  hands,  and  the  treasurer's  receipts  for  all 
moneys  paid  into  the  treasury;  and  all  licenses  so  signed  by  the  license  col- 
lector, or  deputy  license  collector,  or  either  of  them,  shall  be  as  valid  as  if 
signed  by  the  city,  or  city  and  county,  treasurer.  All  fees  so  paid  to  him 
shall  be  placed  to  the  credit  of  the  proper  fund  by  the  treasurer. 

§  140.  The  department  of  police  of  such  city,  or  city  and  county,  shall  con- 
sist of: 

1.  A  board  of  police  commissioners  of  such  city,  or  city  and  county,  con- 
sisting of  five  members,  each  of  whom  shall  be  a  qualified  voter,  at  least  thirty 
years  of  age,  and  shall  have  been  a  citizen  of  the  United  States  and  of  this 
state,  and  a  resident  of  such  city,  or  city  and  county,  for  five  years  next  pre- 
ceding his  appointment,  four  of  whom  shall  be  appointed  by  the  governor 
and  chief  justice  of  the  supreme  court  of  the  state  of  California,  within  thirty 
days  after  the  organization  of  such  city,  or  city  and  county,  under  this  act, 
and  who  shall  hold  office  for  the  term  of  four  years  from  and  after  the  first 
Monday  next  succeeding  the  date  of  their  appointment,  and  until  their  suc- 
cessors are  appointed  and  qualified;  and  in  the  month  next  preceding  the 
expiration  of  the  said  term,  and  every  four  years  thereafter,  the  said  governor 
and  chief  justice  of  the  supreme  court  shall  appoint  their  successors,  who 
shall  hold  office  for  the  term  of  four  years  from  and  after  the  first  Monday 
next  succeeding  the  date  of  their  appointment;  but  in  making  such  appoint- 
ments, the  said  governor  and  chief  justice  shall  elect  two  qualified  persons 
from  each  of  the  two  dominant  national  political  parties.  Vacancies  that 
may  occur  in  the  office  of  any  of  the  members  so  appointed  shall  be  filled  by 
appointment  by  said  governor  and  chief  justice,  of  some  suitable  person  of 
the  same  political  party  as  that  to  which  the  last  incumbent  belonged,  and 
for  the  remainder  of  the  vacant  term  only.  The  four  members  appointed, 
as  hereinbefore  provided,  shall  meet  in  such  city,  or  city  and  county,  on  the 
first  Monday  next  succeeding  the  date  of  their  appointment,  and  shall  forth- 
with organize  by  electing  one  of  their  number  president,  and  shall  appoint 
the  other  member  of  said  board,  who  shall  be  the  chief  of  police  of  such  city, 
or  city  and  county.  Every  member  of  said  board  shall,  before  he  enters  upon 
the  duties  of  his  office,  take  and  subscribe  the  following  oath  or  affirmation : 
"1  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will  support  the 
constitution  of  the  United  States  and  the  constitution  of  the  state  of  Cali- 
fornia ;  that  I  will  faithfully  discharge  the  duties  of  police  commissioner 
according  to  the  best  of  my  ability;  and  that  in  the  discharge  of  my  duties 
I  will  make  no  appointment  to,  or  removal  from  the  police  force  for  political 
or  partisan  reasons ;  and  that  I  will,  to  the  best  of  my  ability,  discharge  the 
duties  of  said  office  impartially  and  uninfluenced  by  political  considerations. 


790  MUNICIPAL   CORPORATIONS — POLICE    COMMISSIONERS— POWERS. 

or  any  consideration  other  than  that  of  the  public  good."  Every  member 
of  said  board  who  shall  absent  himself  from  such  city,  or  city  and  county, 
for  the  continuous  period  of  sixty  days,  shall,  by  force  thereof,  cease  to  be  a 
police  commissioner,  and  his  office  shall  become  vacant.  No  member  of  said 
board  shall  be  eligible  to  any  other  office  during  his  incumbency  of  .the  office 
of  police  commissioner.  No  member  of  said  board  shall,  during  his  term  of 
office,  be  a  member  of  any  convention,  the  purpose  of  which  is  to  nominate 
candidates  for  office,  nor  act  as  a  judge,  inspector,  clerk,  or  officer  of  any 
election,  or  primary  election,  or  take  part  in  any  election  except  to  deposit 
his  vote;  nor  shall  any  member  of  said  board,  directly  or  indirectly,  influence, 
or  attempt  to  influence  or  control,  the  political  action  of  any  member  of  the 
police  force  of  such  city,  or  citj'  and  county,  or  any  employee  of  said  depart- 
ment; nor  shall  any  member  of  said  board  collect,  or  suffer  to  be  collected, 
from  any  member  or  employee  of  said  department,  any  assessment  or  contri- 
bution for  political  purposes.  A  violation  of  any  of  the  provisions  of  this 
section  shall  be  a  misdemeanor,  and  shall  be  cause  for  the  immediate  removal 
from  office  of  the  person  guilty  of  such  violation.  The  said  board  shall  hold 
sessions  at  least  once  a  month  in  the  office  of  chief  of  police,  or  in  such  other 
convenient  place  as  the  municipal  council  of  such  city,  or  city  and  county, 
shall  designate,  or,  in  case  of  emergency,  at  such  place  as  it  shall  select,  and 
the  clerk  of  the  chief  of  police,  hereinafter  provided  for,  shall  act  as  clerk 
of  said  board.  Every  member  of  said  board,  and  the  clerk  of  said  board, 
shall  have  power  to  administer  oaths  in  all  matters  pertinent  to  the  business 
of  their  respective  offices,  and  in  all  investigations  pending  before  said  board, 
or  any  member  thereof.  The  said  board  shall  keep  a  record  of  its  proceedings. 
The  said  board  shall  have  power: 

1.  To  appoint,  suspend,  or  remove  any  person  from  the  police  force  of 
such  city,  or  city  and  county;  provided,  however,  that  the  chief  of  police 
shall  only  be  removable  in  the  manner  provided  by  law  for  the  removal  of 
other  municipal  officers. 

2.  To  prescribe  all  needful  rules  and  regulations  for  the  control,  govern- 
ment, and  discipline  of  said  police  force,  and  from  time  to  time  to  alter 
or  repeal  the  same,  and  prescribe  penalties  for  the  violation  of  any  of 
them. 

3.  To  hear  and  summarily  determine  all  complaints  of  misconduct,  inef- 
ficiency, or  other  charge  against  any  member  of  said  police  force,  and  to 
take  such  action  thereon  as  shall  be  conducive  to  the  maintenance  of  the 
discipline  and  efficiency  of  the  same. 

4.  To  grant  permits  to  all  persons  desiring  to  engage  in  the  retail  liquor 
business  in  such  city,  or  city  and  county,  and  to  revoke  any  such  permit 
whenever  it  shall  be  made  to  appear  to  said  board  that  the  retail  liquor 
business  of  the  person  to  whom  such  permit  was  given  is  conducted  in  a 
disorderly  or  improper  manner,  or  whenever  it  shall  be  made  to  appear  that 
the  person  to  whom  such  permit  was  granted  has,  after  the  grant  of  such 
permit,  been  convicted  in  the  police  or  other  court  of  such  city,  or  city  and 
county,  of  disorderly  or  improper  conduct,  or  of  the  commission  of  any 
criminal  offense  upon  the  premises  whereon  such  retail  liquor  business  is 
conducted :  provided,  however,  that  whenever  said  board  refuses  to  grant 


MUNICIPAL    CORPORATIONS — POLICE     COM31ISSIOIVERS — PO^VERS.  791 

such  permit,  or  proposes  to  revoke  such  permit,  the  person  who  is  refused 
such  permit  or  whose  permit  is  proposed  to  be  revoked,  shall  be  entitled 
to  be  heard  before  said  board  in  person  or  through  counsel,  and  to  have 
free  of  charge  all  reasonable  facilities  for  the  full,  fair,  and  impartial 
hearing  on  the  merits  of  his  application  or  opposition.  In  such  permit  shall 
be  distinctly  stated  and  described  the  name  of  the  person  to  whom  the  same 
is  given,  and  the  premises  on  which  such  retail  business  is  proposed  to  be 
carried  on. 

5.  Upon  the  petition  of  any  person,  firm,  or  corporation,  to  appoint  a 
special  officer  to  do  special  service  to  be  paid  for  by  such  person,  firm,  or 
corporation,  specifying  the  boundary  or  locality  at  or  within  which  he  is 
to  act  as  such  special  officer,  which  boundary  or  locality  shall  be  described 
in  his  warrant  of  appointment;  provided,  that  no  special  officer  shall  be 
appointed  to  act  in  any  part  of  such  city,  or  city  and  county,  commonly 
known  as  the  Chinese  quarter ;  and  provided  further,  that  all  special  officers 
shall  report  daily  to  the  chief  of  police,  and  be  subject  to  his  orders  in  case 
of  emergency;  and  in  no  event  shall  such  officers  be  paid  by  such  city,  or 
city  and  county. 

6.  To  prescribe  the  badge  of  office  and  uniform  to  be  worn  by  all  mem- 
bers of  the  police  force,  and  the  badge  of  office  to  be  worn  by  all  special 
officers. 

7.  To  allow  and  order  paid  out  of  the  police  contingent  fund,  for  con- 
tingent expenses,  any  and  all  orders  signed  by  the  chief  of  police ;  provided, 
that  the  aggregate  of  such  orders  shall  not  exceed  the  sum  of  seven  thou- 
sand two  hundred  dollars  a  year,  which  sum  shall  be  set  apart  annually  in 
the  treasury  of  said  city  and  county  for  this  purpose. 

8.  To  appoint  substitutes,  not  to  exceed  four  per  centum  of  the  police  force, 
to  serve  under  such  regulations,  and  subject  to  such  restrictions,  as  it  may 
prescribe,  and  without  pay  from  such  city,  or  city  and  county. 

9.  To  issue  subpoenas,  tested  in  the  name  of  its  president,  and  to  enforce 
obedience  thereto,  and  punish  disobedience  thereof,  in  the  same  manner 
and  to  the  like  extent  as  the  justices'  court  of  such  city,  or  city  and 
county;  and  to  exercise  the  same  powers  as  the  said  justices'  court  in  pre- 
serving decorum  in  all  open  sessions  of  said  board,  and  to  punish  any 
contempt  committed  thereat. 

10.  To  designate  the  prisons  to  be  used  for  the  reception  of  all  persons 
arrested,  convicted,  or  sentenced  for  public  offenses  in  cases  not  provided 
for  by  law  or  by  ordinance ;  to  est,ablish  stations  and  station-houses,  or  sub- 
stations and  substation-houses,  at  its  discretion,  for  the  accommodation 
thereat  of  members  of  the  police  force,  and  as  places  of  temporary  detention 
for  persons  arrested. 

11.  In  its  discretion,  on  conviction  of  a  member  of  the  force  of  any  legal 
offense,  or  neglect  of  duty,  or  violation  of  the  rules  of  the  board,  or  neglect 
of  or  disobedience  of  orders,  or  incapacity,  or  absence  without  leave,  or 
any  conduct  injurious  to  the  public  peace  or  welfare,  or  other  breach  of 
discipline,  or  immoral  conduct,  or  any  oonduct  unbecoming  an  officer,  to 
punish  the  offending  party  by  reprimand,  forfeiting  and  withholding  pay 
for  a  special  time,  suspension,  or  dismissal  from  the  force;  all  such  fines 


792  MUNICIPAL,    CORPORATIONS — POLICE     COMMISSIONERS — POWERS. 

shall  be  immediately  paid  into  the  treasury  to  the  credit  of  the  police  life 
and  health  insurance  fund. 

12.  To  issue  to  every  member  of  the  police  force  a  proper  warrant  of 
appointment,  signed  by  the  president  and  countersigned  by  the  clerk  of 
the  board,  which  warrant  shall  contain  the  date  of  his  appointment  and 
his  rank, 

13.  To  make  requisition  on  the  municipal  council  of  such  city,  or  city  and 
county,  for  all  supplies  or  necessaries  that  may  be  required  in  the  adminis- 
tration of  the  department;  provided,  that  the  aggregate  amount  of  the 
same,  exclusive  of  salaries,  shall  not,  in  any  one  fiscal  year,  exceed  the  sum 
of  five  thousand  dollars. 

14.  To  annually,  on  or  before  the  first  day  of  August,  report  to  the 
municipal  council  an  estimate  of  the  amount  of  money  that  will  be  required 
to  pay  all  salaries  of  the  department,  and  of  the  amount  of  money  that  will 
be  required  for  the  administration  and  support  of  the  department  in  such 
year,  specifying  in  detail  the  purposes  and  items  for  which  the  same  will 
be  required,  with  the  estimated  cost  thereof,  respectively. 

15.  To  provide  for  the  custody,  care,  restitution,  sale,  time,  place,  and 
manner  of  sale  of  all  property  that  may  come  into  the  possession  of  the 
property  clerk  hereinafter  provided  for. 

16.  To  control,  care  for,  and  manage  the  police  life  and  health  insurance 
fund  hereinafter  mentioned,  which  fund  shall  consist  of  the  moneys  retained 
from  the  monthly  salaries  of  the  members  of  the  police  force,  fines  collected 
from  members  of  said  force,  and  of  such  other  moneys  as  may  be  con- 
tributed thereto  by  law,  or  ordinance,  or  by  gift,  devise,  or  bequest,  and  of 
all  moneys  to  the  credit  of  said  fund  at  the  time  said  board  shall  take  office, 
and  to  invest  the  moneys  of  said  fund  in  such  of  the  following  securities 
as  shall  seem  most  safe  and  profitable,  viz.,  the  bonds  of  such  city,  or  city 
and  county,  the  bonds  of  the  state  of  California,  and  the  bonds  of  the 
United  States  of  America.  The  moneys  and  securities  shall  be  held  by  the 
treasurer  of  such  city,  or  city  and  county,  who  shall  have  no  power  to 
deposit,  pledge,  or  in  any  other  way  part  with  the  same,  except  on  the  order 
of  said  board. 

17.  To  order  paid,  upon  the  death  of  any  member  of  the  police  force,  out 
of  the  police  life  and  health  insurance  fund,  to  the  heirs  of  such  member, 
the  sum  of  one  thousand  dollars. 

18.  To  order  paid,  out  of  the  police  life  and  health  insurance  fund,  to 
any  police  officer  who  shall  resign  bj^  reason  of  bad  health  or  bodily 
infirmity,  the  amount  of  the  principal  sum  which  such  officer  shall  have  con- 
tributed thereto. 

19.  To  order  paid,  out  of  the  police  life  and  health  insurance  fund,  to 
any  officer  dismissed  for  mere  incompetency,  not  coupled  with  any  offense 
against  the  laws  of  this  state,  an  amount  not  exceeding  one  half  of  the 
principal  which  such  officer  may  have  contributed  thereto;  provided,  that 
any  officer  dismissed  for  gross  neglect  or  violation  of  duty,  or  upon  convic- 
tion of  any  misdemeanor  or  felony,  shall  forfeit  all  claim  upon  said  fund. 

20.  In  case  said  police  life  and  health  insurance  fund  shall  not  be  suf- 


MUNICIPAL     CORPORATIOXS — CHIEF     OF     POLICE— DUTIES.  793 

ficient  to  pay  the  demands  on  it,  to  cause  such  demands  to  be  registered, 
and  to  be  paid  in  their  order  out  of  the  fund  as  received. 

21.  When  the  police  life  and  health  insurance  fund  shall  exceed  the  sum 
of  fifty  thousand  dollars,  to  allow  and  order  paid  out  of  the  same,  to  any 
officer  who  shall  have  been  permanently  disabled  while  in  the  discharge 
of  his  duty  as  such  officer,  such  sum  as  in  their  judgment  they  shall  deem 
proper,  not  to  exceed  one  thousand  dollars ;  but  in  no  case  shall  said  fund 
be  reduced  thereby  below  the.  sum  of  fiftj^  thousand  dollars.  The  president 
of  said  board  shall  receive  a  salary  of  three  thousand  dollars  per  annum. 
The  other  members  of  said  board  shall  each  receive  a  salary  of  one  thou- 
sand two  hundred  dollars  per  annum,  payable  monthly,  at  the  end  of  each 
and  every  month. 

2.  A  chief  of  police,  appointed  as  hereinbefore  provided,  who  shall  have 
power  to  select  and  designate  one  police  officer  to  serve  as  clerk  to  the  chief 
of  police ;  one  police  officer  to  serve  as  property  clerk,  vrho,  before  entering 
upon  his  duties,  shall  give  bond,  with  good  and  sufficient  sureties,  in  the  sum 
of  ten  thousand  dollars,  to  such  city,  or  city  and  county,  to  be  approved  as  in 
eases  of  other  official  bonds,  which  bond  shall  be  filed  with  the  auditor  of 
such  city,  or  city  and  county;  twelve  detective  officers,  and  thirty  sergeants 
of  police.  He  shall  have  the  sole  and  exclusive  control,  direction,  and  super- 
intendence of  the  city  prisons  of  such  city,  or  city  and  county,  and  may  detail 
to  duty  therein  such  number  of  officers  as  the  exigencies  shall  require.  In  the 
suppression  of  any  riot,  public  tumult,  disturbances  of  the  public  peace,  or 
organized  resistance  against  the  laws,  or  public  authorities,  in  the  lawful  exer- 
cise of  their  functions,  he  shall  have  all  the  powers  that  are  now  are  or  may  be 
conferred  upon  sheriffs  by  the  laws  of  this  state ;  and  his  lawful  orders  shall  be 
promptly  executed  by  all  police  officers,  and  every  citizen  shall  also  lend  him 
aid,  when  required,  for  the  arrest  of  offenders  and  the  maintenance  of  public 
order.  In  case  of  great  public  emergency  or  danger,  he  may  appoint  an 
additional  num.ber  of  policemen  of  approved  character  for  honesty  and 
sobriety,  who  shall  have  the  same  powers  as  other  police  officers,  but  who 
shall  act  without  pay.  In  case  of  imminent  danger  of  riot,  or  actual  riot,  or 
organized  resistance  to  the  laws,  he  shall  have  power,  and  it  shall  be  his 
duty,  if  in  his  opinion  the  organized  police  force  be  insufficient  in  number  or 
unequal  in  strength  to  preserve  the  peace  and  maintain  public  order,  to  make 
his  requisition  on  the  governor,  or  in  case  of  urgency  on  the  nearest  military 
commander  in  the  National  Guard  of  California,  for  such  military  force  as 
may  be  necessary  for  the  occasion ;  and  such  military  force  shall  be  placed 
under  his  command  until  the  restoration  of  order  and  tranquillity,  or  until 
the  governor  declares  such  city,  or  city  and  county,  in  a  state  of  insurrection, 
as  provided  by  law.  He  shall  keep  a  public  office,  which  shall  be  open,  and 
at  which  he,  or  in  case  of  his  necessary  absence,  a  captain  of  police  or  sergeant 
of  police  by  him  designated  for  that  purpose,  who  shall  have,  during  such 
absence,  the  same  powers  as  are  conferred  by  law  upon  the  chief  of  police, 
shall  be  in  attendance  at  all  hours  of  the  day  and  night.  In  case  of  his 
absence  from  his  office,  it  shall  be  made  known  to  the  captain  or  sergeant  of 
police  in  attendance  where  he  can  be  found,  if  needed.  He  shall  desi2-nate  one 
or  more  police  officers  to  attend  constantly  upon  the  police  court  to  carry  on 


794  MUNICIPAL    CORPORATIONS — CHIEF    AND    CAPTAINS    OF    POLICE. 

the  business,  and  to  execute  the  orders  and  process  of  said  court.  He  shall 
command,  supervise,  and  direct  the  police  force;  and  shall  observe,  and  cause 
to  be  observed  and  enforced,  the  laws  and  ordinances  within  such  city,  or 
city  and  county.  He  shall  see  that  all  lawful  orders  and  process  of  the  police 
court  are  promptly  executed;  and  shall  exercise  such  other  powers  connected 
with  his  office  as  may  be  prescribed  by  law,  or  by  the  rules  and  regulations 
adopted  by  the  board  of  police  commissioners.  He  shall  acquaint  himself 
with  all  the  statutes  and  laws  in  force  in  this  state  defining  public  offenses 
and  nuisances  and  regulating  the  criminal  proceedings ;  and  shall  procure  and 
keep  in  his  office  the  statutes  of  this  state  and  of  the  United  States,  and  all 
elementary  works  on  those  subjects.  He  shall  give  information  and  advice 
touching  said  laws  gratuitously  to  all  police  officers  asking  for  it.  He  shall 
have  power  from  time  to  time  to  dispose  of  such  sum  or  sums  for  incidental 
expenses  as  in  his  judgment  shall  be  for  the  best  interest  of  such  city,  or  city 
and  county;  provided,  that  the  aggregate  of  all  such  sums  shall  not,  in  any 
one  fiscal  year,  exceed  the  sum  of  seven  thousand  tAvo  hundred  dollars;  but 
all  sums  so  disbursed  or  paid  shall  be  subject  to  the  approval  of  the  said 
board.  He  may,  for  good  cause,  grant  leave  of  absence  for  not  more  than 
thirty  days  to  any  member  of  the  police  force ;  but  officers  absent  from  the 
city  within  or  without  the  state  on  official  business  shall  not  be  deemed  to  be 
absentees.  As  chief  of  police,  he  shall  hold  office  for  the  term  of  four  years 
from  his  appointment,  and  shall  receive  a  salary  of  four  thousand  dollars  per 
annum,  payable  monthly,  at  the  end  of  each  and  every  month. 

3.  Six  captains  of  police,  who  shall  be  appointed  by  the  board  of  police 
commissioners  from  the  members  of  the  police  force,  who  shall  be  assigned 
to  such  duty,  and  who  shall  be  subject  to  such  rules  and  regulations,  as  the 
chief  of  police  shall  prescribe.  They  shall  receive  a  salary  of  two  hundred 
dollars  per  month  each,  payable  monthly,  at  the  end  of  each  and  every  month. 

4.  As  many  police  officers,  not  exceeding  five  hundred,  as  the  board  of 
police  commissioners  may  determine  to  be  necessary,  to  be  appointed  by  said 
board ;  but  it  shall  be  the  duty  of  said  board,  on  its  first  organization,  to 
appoint  as  members  of  the  police  force  the  members  of  the  police  force,  if 
any,  then  in  service,  unless  such  members  be  incompetent  or  incapable  to 
serve.  Every  person  applying  for  appointment  to  said  police  force,  unless 
he  be  a  member  of  the  police  force  then  existing  in  such  city,  or  city  and 
county,  shall  produce  and  file  with  the  said  board  a  certificate,  signed  by  not 
less  than  twelve  freeholders  and  qualified  voters  of  the  smallest  political 
subdivision  of  such  city,  or  city  and  county,  stating  that  they  have  been  per- 
sonally and  well  acquainted  with  the  applicant  for  one  year  or  more  next 
preceding  the  application,  and  that  the  applicant  is  of  good  repute  for 
honesty  and  sobriety,  and  they  believe  him  to  be,  in  all  respects,  competent 
and  fit  for  the  office.  All  such  certificates  shall  be  preserved  in  the  office  of 
said  board,  and  shall  not  be  returned  to  the  applicant.  Every  appointee  to 
said  police  force  must  be  a  citizen  of  the  United  States  and  of  this  state,  able 
to  read  and  write  the  English  language,  and  a  resident  of  such  city,  or  city 
and  county,  at  least  five  years  previous  to  his  appointment,  except  such  mem- 
ber of  said  police  force  as  may  be  in  service  at  the  time  of  the  organization  of 
said  board;  every  appointee  shall  not  be  less  than  twenty-five  nor  more  than 


MUNICIPAL    CORPORATIONS — POLICE — APPOINTRIENT.  705 

forty  years  of  age,  and  not  less  than  five  feet  and  seven  inches  in  height,  and 
shall,  after  his  nomination,  and  before  his  appointment,  pass  a  thorough 
examination  by  the  surgeon  of  police,  or  by  any  physician  appointed  by  said 
board,  and  be  found  on  such  examination  to  be  sound  in  health,  and  to  pos- 
sess the  physical  qualifications  required  for  recruits  for  the  United  States 
army.  The  police  officers,  in  subjection  to  the  rules  and  regulations  of  the 
said  board,  to  the  orders  of  the  respective  captains,  and  under  the  general 
direction  of  the  chief  of  police,  shall  be  prompt  and  vigilant  in  the  detection 
of  crime,  the  ari^est  of  public  offenders,  the  suppression  of  all  riots,  frays, 
duels,  and  disturbances  of  the  public  peace,  the  execution  of  process  from 
the  police  court  in  causing  the  abatement  of  public  nuisances,  and  the  enforce- 
ment of  the  laws  and  regulations  of  the  police.  They  shall,  as  soon  as  prac- 
ticable, upon  an  arrest,  under  penalty  of  dismissal  from  the  force,  or  of  a  fine 
of  not  more  than  one  hundred  dollars,  or  of  both,  at  the  discretion  of  the 
board,  convey  in  person  the  offender  before  the  nearest  sitting  magistrate.  If 
the  arrest  is  made  during  the  hours  that  the  magistrate  does  not  regularly 
hold  court,  or  if  the  magistrate  is  not  holding  court,  such  offender  may  be 
detained  in  a  station-house  until  the  next  public  sitting  of  the  magistrate, 
and  no  longer,  unless  discharged  on  bail,  according  to  law.  No  member  of 
the  police  force  shall  be  eligible  to  any  other  office  while  a  member  of  such 
force,  nor  shall  he  take  any  part  whatever  in  any  convention  held  for  the 
purposes  of  a  political  party ;  nor  shall  he  be  a  member  of  any  political  club ; 
nor  shall  he  be  allowed  to  interfere  with  politics  on  the  day  of  election,  or 
at  any  time  while  employed  on  said  force,  except  to  cast  his  vote.  No  mem- 
ber of  said  police  force  while  on  duty  shall  enter  into  any  liquor  saloon,  bar- 
room, or  place  where  liquors  are  retailed,  except  when  necessary  in  the  dis- 
charge of  his  duties,  on  penalty  of  reprimand,  fine,  suspension,  or  removal 
from  office.  No  member  of  the  police  force  shall  devote  his  time  to  any  other 
profession  or  calling,  become  bail  for  any  person  charged  with  any  offense 
whatever,  solicit  counsel  or  attorneys  for  prisoners,  receive  any  present  or 
reward  for  official  services  rendered,  or  to  be  rendered,  unless  with  the 
knowledge  and  approbation  of  a  majority  of  said  board;  such  approbation  to 
be  given  in  writing  and  certified  by  the  clerk  of  said  board.  Police  officers 
who  shall  be  selected  to  act  as  sergeants  of  police,  and  police  officers  who 
shall  be  selected  to  act  as  detective  police  officers,  shall  each  receive  a  salary  of 
one  hundred  and  twenty-five  dollars  per  month,  payable  monthly,  at  the  end 
of  each  and  every  month.  The  police  officer  who  shall  be  selected  to  act  as 
clerk  to  the  chief  of  police,  and  the  police  officer  who  shall  be  selected  to  act 
as  property  clerk,  shall  each  receive  a  salary  of  one  hundred  and  fifty  dollars 
per  month,  payable  monthly,  at  the  end  of  each  and  every  month.  All  other 
police  officers  shall  each  receive  a  salary  of  one  hundred  and  two  dollars  per 
month,  payable  monthly,  at  the  end  of  each  and  every  month;  provided,  that 
the  treasurer  of  such  city,  or  city  and  county,  is  hereby  authorized  to  deduct 
and  retain  from  the  salary  of  each  member  of  said  police  force  two  dollars 
from  every  month's  salary,  to  be  paid  into  the  fund  of  the  police  life  and 
health  insurance  fund  herein  mentioned. 

5.  A  surgeon  of  police,  whose  duty  it  shall  be  to  attend  to  all  cases  of  acci- 
dent or  sickness  at  the  several  police  stations,  to  attend  all  officers  who  may 


7tM{  MUNICIPAL     CORPORATIONS— BOARD     FIRE     COMMISSIONERS. 

be  taken  sick  or  injured  in  the  discharge  of  their  duty,  to  examine  all  appli- 
cants for  appointment  on  the  police  force,  and  to  perform  such  other  duties 
as  the  board  of  police  commissioners  may  from  time  to  time  prescribe.  He 
shall  be  appointed  by  the  said  board,  and  shall  hold  office  during  its  pleasure, 
but  he  shall  not  be  removed  without  just  cause.  He  shall  receive  a  salary 
of  two  hundred  dollars  per  month,  payable  monthly,  at  the  end  of  each  and 
every  month. 

§  141.  There  shall  be  a  board  of  fire  commissioners  of  such  city,  or  city  and 
county,  consisting  of  five  persons,  possessing  the  same  qualifications  of  eligi- 
bility as  are  herein  prescribed  for  the  members  of  the  board  of  aldermen,  who 
shall  be  appointed  by  the  mayor,  with  the  advice  of  the  board  of  aldermen, 
and  shall  hold  office  for  the  term  of  four  years  from  and  after  the  time  of 
their  appointment,  and  no  more  than  three  of  whom  shall  belong  to  the  same 
national  political  party;  provided,  that  the  fire  commissioners  now  acting  as 
such  in  such  city,  or  city  and  county,  shall  continue  to  hold  their  respective 
offices  until  the  expiration  of  the  term  for  which  they  may  have  been  respec- 
tively elected  or  appointed. 

§  142,  The  said  board  of  fire  commissioners  shall  supervise  and  control 
said  fire  department,  its  officers,  members,  and  employees,  subject  to  the  laws 
governing  the  same,  and  shall  see  that  the  officers,  members,  and  employees 
thereof  faithfully  discharge  their  duties,  and  that  the  laws,  orders,  and  regu- 
lations relating  thereto  are  carried  into  operation  and  effect.  They  shall  not, 
nor  shall  either  of  them,  or  the  chief  engineer,  or  assistant  chief  engineer,  or 
assistant  engineers,  of  said  fire  department,  be  interested  in  any  contracts  per- 
taining in  any  manner  to  said  fire  department,  or  the  sale,  furnishing  of  appa- 
ratus, or  supplies  for  the  same;  and  all  contracts  in  violation  of  this  section 
are  declared  void,  and  any  of  said  persons  violating  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  misdemeanor,  and  upon  conviction,  shall  be 
punished  accordingly.  The  municipal  council  of  such  city,  or  city  and 
county,  shall  have  power  to  contract  and  provide  for  all  cisterns,  hydrants, 
apparatus,  horses,  supplies,  engine,  hose  and  hook-and-ladder  houses,  and  all 
alterations  and  repairs  required;  and  said  board  of  fire  commissioners  shall 
supervise  all  contracts  awarded,  and  work  done  for  the  said  fire  department, 
and  shall  see  that  all  contracts  awarded  and  work  done  are  faithfully  per- 
formed. The  said  board  of  fire  commissioners  shall  have  power  to  prescribe 
the  duties  of  the  officers,  members,  and  employees  of  said  fire  department,  and 
to  adopt  rules  and  regulations  for  the  management  and  discipline  thereof; 
and  a  majority  of  them  shall  certify  to  the  correctness  of  all  claims  and 
demands  before  the  same  shall  be  paid.  And  the  municipal  council  is  author- 
ized and  required  to  provide  and  furnish  for  the  use  of  the  board  of  fire  com- 
missioners a  suitable  room  or  rooms  in  some  of  the  buildings  of  such  city,  or 
city  and  county,  to  serve  as  an  office  for  their  meetings  and  the  transaction 
of  business  relating  to  said  fire  department,  in  which  their  clerk,  janitor,  and 
messenger  shall  be  in  attendance  daily  during  office  hours.  The  chief 
engineer,  assistant  chief  engineer,  and  assistant  engineer  [s]  of  said  depart- 
ment shall  also  make  it  their  headquarters  daily  during  office  hours.  Avhen 
not  otherwise  engaged  in  official  duties.  And  the  said  municipal  council  shall 
furnish  the  chief  engineer,  and  also  the  assistant  chief  engineer  and  assistant 


MUNICIPAL,    CORPORATIONS— FIRE    DEPARTMENT— OFFICERS.  797 

engineers  hereinafter  mentioned,  with  a  horse  and  buggy,  and  shall  provide 
for  keeping  the  same. 

§  143.     The  officers  of  the  fire  department  of  such  city,  or  city  and  county, 
shall  be : 

1.  Five  fire  commissioners,  to  be  appointed  as  aforesaid; 

2.  One  chief  engineer; 

3.  One  assistant  chief  engineer; 

4.  Four  assistant  engineers ; 

5.  One  superintendent  of  steam  fire-engines. 

§  144,     The  members  and  employees  of  said  fire  department  shall  be : 

1.  One  assistant  superintendent  of  steam  fire-engines; 

2.  One  clerk  and  storekeeper  for  the  corporation  yard; 

3.  One  corporation  yard  drayman; 

4.  One  night  watchman  of  corporation  yard; 

5.  Two  hydrantmen; 

6.  One  veterinary  surgeon; 

7.  One  foreman  of  each  company; 

8.  One  engineer  for  each  steam  fire-engine; 

9.  One  substitute  engineer  and  machinist; 
10-  One  driver  for  each  company; 

11.  One  fireman  for  each  steam  engine  company; 

12.  One  carpenter; 

13.  One  tillerman  for  each  hook-and-1  adder  company; 

14.  One  steward  for  each  hose  company; 

15.  One  janitor  and  messenger; 

16.  One  clerk. 

§  145.  All  paid  members  of  said  fire  department,  except  the  veterinary 
surgeon,  foreman,  assistant  foreman,  company  clerks,  hosemen,  hook-and- 
ladder  men,  and  stewards  of  volunteer  companies  shall  give  their  undivided 
attention  to  their  respective  duties,  but  the  foreman,  assistant  foreman,  com- 
pany clerks,  hosemen,  and  hook-and-ladder  men,  and  stewards  of  volunteer 
companies,  shall  perform  such  duties  as  may  be  prescribed  from  time  to  time 
by  said  board  of  fire  commissioners  and  ordered  to  be  executed  by  the  chief 
engineer. 

§  146.  The  chief  engineer,  the  assistant  chief  engineer,  the  superintendent 
of  steam  fire-engines,  the  assistant  engineers,  the  clerk,  and  all  members  and 
employees  of  the  fire  department,  shall  be  appointed  by  the  fire  commis- 
sioners, and  retain  their  positions  during  good  behavior;  and  it  shall  be  the 
duty  of  such  fire  commissioners,  on  their  first  organization  under  this  act,  to 
appoint  as  members  thereof  the  officers  and  members  of  any  fire  department 
which  shall  be  in  service  in  any  such  city,  or  city  and  county,  at  the  time  of 
its  organization  under  this  act.  No  officer,  member,  or  employee  of  said  fire 
department  shall  be  removed  for  political  reasons. 

§  147.  The  fire  department  of  such  city,  or  city  or  county,  shall  consist 
of  such  engine,  hook-and-ladder  and  hose  companies  as  shall  be  recommended 
by  the  board  of  fire  commissioners,  and  determined  by  the  municipal  council 
necessary  to  afford  protection  against  fire;  provided,  that  as  an  auxiliary 


798 


MINICIPAL    CORPORATIONS— FIRE    DEFARTBIENT— CHIEF    ENGINEER. 


thereto  patent  fire-extinguishers  may  also  be  purchased  and  employed,  if,  in 
the  judgment  of  said  board,  deemed  advisable ;  provided,  that  no  hand  engine 
shall  be  purchased  for  the  use  of  said  department,  but  such  as  shall  be  in 
possession  of  such  city,  or  city  and  county,' prior  to  its  organization  under  this 
act,  may  be  used  in  such  localities  and  under  such  regulations  as  the  board  of 
fire  commissioners  may  prescribe.  The  companies  of  said  department  shall  be 
organized  as  follows:  Each  steam  fire-engine  company  shall  consist  of  one 
(1)  foreman,  one  (1)  engineer,  one  (1)  driver,  one  (1)  fireman,  and  eight  (8) 
hosemen;  one  (1)  of  whom  shall  act  as  assistant  foreman,  and  one  (1)  as 
clerk.  Each  hook-and-ladder  company  shall  consist  of  one  (1)  foreman,  one 
(1)  driver,  one  (1)  tillerman,  and  twelve  (12)  hook-and-ladder  men;  one  (1) 
of  whom  shall  act  as  assistant  foreman,  and  one  (1)  as  clerk.  Each  hose 
company  shall  consist  of  one  (1)  foreman,  one  (1)  driver,  and  one  (1)  stew- 
ard, and  six  (6)  hosemen;  one  (1)  of  whom  shall  act  as  assistant  foreman,  and 
one  (1)  as  clerk. 

§  148.  The  chief  engineer  shall  be  the  executive  officer  of  said  fire  depart- 
ment, and  it  shall  be  his  duty  (and  that  of  the  assistant  chief  engineer  and 
assistant  engineers)  to  see  that  the  laws,  orders,  rules,  and  regulations  con- 
cerning the  same  are  carried  into  effect,  and  also  to  attend  to  such  duties  as 
fire  wardens  as  may  be  required,  and  to  see  that  all  laws,  orders,  and  regula- 
tions established  in  such  city,  or  city  and  county,  to  secure  protection  against 
fire,  are  enforced.  It  shall  also  be  the  duty  of  the  chief  engineer  to  enforce 
the  rules  and  regulations  made  from  time  to  time  to  secure  discipline  in  said 
fire  department,  and  he  shall  have  power  to  suspend  any  subordinate  officer, 
member,  or  employee  for  a  violation  of  the  same,  and  shall  forthwith  report 
in  writing,  with  his  reasons  therefor,  to  the  board  of  fire  commissioners  for 
their  action.  He  shall  diligently  observe  the  condition  of  the  apparatus  and 
workings  of  said  department,  and  shall  report  in  writing,  at  least  once  in 
each  week,  to  said  board  of  fire  commissioners,  upon  the  same,  and  make  such 
recommendations  and  suggestions  respecting  it,  and  for  securing  its  greater 
efficiency,  as  he  may  deem  proper;  and  in  the  absence  or  inability  of  the 
chief  engineer  to  act,  the  assistant  chief  engineer  shall  assume  the  duties  of 
said  office  of  chief  engineer. 

§  149.  The  person  elected  as  clerk  by  said  board  of  fire  commissioners  shall, 
before  entering  upon  the  discharge  of  his  duties,  execute  a  bond,  with  two 
or  more  sureties,  in  the  penal  sum  of  twelve  thoucand  ($12,000)  dollars,  for 
the  faithful  discharge  of  his  duties,  wkich  bond  shall  be  approved  by  said 
board  of  fire  commissioners,  and  the  mayor  of  such  city,  or  city  and  county, 
and  when  so  approved  shall  be  filed  in  the  office  of  the  auditor.  The  amount 
of  said  bond  may  be  increased  from  time  to  time,  when  directed  by  the  board 
of  fire  commissioners,  should  it  deem  it  necessary  for  the  public  good ;  said 
clerk  shall  attend  daily,  during  office  hours,  at  the  office  of  the  board  of  fire 
commissioners  (which  shall  be  the  office  of  the  chief  engineer,  assistant  chief 
engineer,  and  assistant  engineers)  ;  shall  perform  the  duties  of  clerk  to  said 
board  and  chief  engineer,  and  shall  perform  such  other  duties  from  time  to 
time  as  said  board  may  prescribe.  The  clerk  and  storekeeper  for  the  cor- 
poration yard  shall,  before  entering  upon  his  duties,  furnish  a  bond  in  the 
sum  of  ten  thousand  ($10,000)  dollars,  to  be  approved  in  the  same  manner 


MUNICIPAL    CORPORATIONS — FIRE    DEPARTMENT— MAINTENANCE    OF.  7»9 

as  the  bond  provided  for  in  this  section,  to  be  given  by  the  clerk  of  said  board 
of  fire  commissioners,  and  filed  with  the  auditor. 

§  150.  The  mayor  of  such  city,  or  city  and  county,  upon  the  recommenda- 
tion of  the  board  of  fire  commissioners,  with  the  approval  of  the  municipal 
council,  is  authorized  to  sell  at  private  or  public  sale  from  time  to  time  any  or 
all  of  the  engines,  hose-carriages,  engine-houses,  lots  on  which  such  houses 
stand,  or  parts  of  lots  (or  to  exchange  any  of  said  lots,  when  in  their  judg- 
ment demanded  by  the  public  good),  or  other  property  which  shall  not  be 
required  for  the  use  of  the  department,  and  to  execute,  acknowledge,  and 
deliver  good  and  sufficient  deeds  or  bills  of  sale  for  the  same,  paying  the  pro- 
ceeds of  such  sale  into  the  county  treasury,  to  the  credit  of  the  proper 
fund. 

§  151.  The  municipal  council  of  such  city,  or  city  and  county,  is  hereby 
authorized  and  required  to  appropriate,  allow,  and  order  paid  annually  out 
of  the  general  fund  of  such  city,  or  city  and  county,  the  salaries  hereinafter 
specified  and  allowed,  and  salaries  at  similar  rates  to  the  several  officers  and 
men  of  any  additional  companies  created  as  aforesaid,  and  the  municipal  coun- 
cil is  required  to  appropriate,  allow,  and  order  paid,  out  of  the  general  fund, 
a  sum  not  to  exceed  eighty  thousand  ($80,000)  dollars  annually  for  running 
expenses,  horse  feed,  repairs  to  apparatus,  and  for  the  construction  and  erec- 
tion of  cisterns  and  hydrants,  and  for  the  erection  and  repair  of  buildings, 
and  other  expenses  of  the  fire  department.  To  appropriate  a  sum  not  to 
exceed  thirty  thousand  ($30,000)  dollars  for  the  purchase  of  horses  and  appa- 
ratus for  the  fire  department. 

§  152,  Whenever  a  member  of  the  paid  fire  department  of  such  city,  or 
city  and  county,  shall  become  disabled  by  reason  of  injuries  received  at  any 
fire,  so  as  to  be  unable  to  perform  his  duties,  the  municipal  council,  upon  the 
recommendation  of  the  board  of  fire  commissioners,  is  hereby  authorized  and 
empowered  to  allow  said  disabled  man  a  sum  not  exceeding  fifty  ($50)  dollars 
per  month  for  not  to  exceed  three  (3)  months,  payable  out  of  the  general  fund 
of  such  city,  or  city  and  county,  in  the  same  manner  and  form  as  other  pay- 
ments are  made  out  of  said  fund. 

§  153.  The  municipal  council  shall  provide,  by  ordinance,  for  the  payment 
into  a  "Fireman's  Charitable  Fund"  of  such  city,  or  city  and  county,  of  all 
moneys  received  for  licenses  for  the  storage,  manufacture,  or  sale  of  gun- 
powder, blasting  powder,  guncotton,  fireworks,  nitroglycerin,  dualine,  or 
any  explosive  oils  or  compounds,  or  as  a  municipal  tax  upon  the  same ;  also 
all  fines  collected  in  the  police  court,  for  violations  of  fire  ordinances.  Said 
fund  shall  be  under  the  direction  and  control  of  and  subject  to  such  regulations 
as  may  be  prescribed  by  the  board  of  fire  commissioners. 

§  154.  The  chief  engineer  shall  have  power  to  appoint  one  member  of  each 
company  to  act  as  assistant  foreman;  also,  one  member  to  act  as  clerk;  said 
clerk  to  receive  five  ($5)  dollars  per  month  extra  pay. 

§  155.  The  fire  commissioners  shall  organize  said  board  immediately  upon 
their  appointment,  and  on  the  first  Monday  after  the  first  day  of  Januarj'  of 
each  and  every  year  thereafter,  by  selecting  one  of  their  number  as  president, 
and  they  shall  meet  at  least  once  in  each  month  publicly  at  their  office  to 


800       MUNICIPAL  CORPORATIONS— FIRE  DEPARTMENT— VIOLATION  OF  RULES. 

transact  the  business  of  said  fire  department;  and,  in  addition  to  the  stated 
meetings,  they  shall'  meet  twice  in  each  month  for  the  purpose  of  investigating 
charges  against  officers,  members,  and  employees  of  said  department  for  vio- 
lating any  of  the  rules  and  regulations  thereof;  and  shall  hold  such  inter- 
mediate sessions  as  they  shall  deem  necessary  to  the  proper  administration 
of  the  fire  department.  No  person  shall  be  eligible  to  any  position  in  said 
department  who  is  not  a  citizen  of  the  United  States,  or  a  resident  of  such 
city,  or  city  and  county,  at  least  two  years,  nor  under  twenty-one  (21)  years 
of  age  at  the  time  of  his  appointment- 

§  156.  In  all  investigations  for  violation  of  the  rules  and  regulations  of 
the  fire  department,  the  president  of  the  board  of  fire  commissioners  shall 
have  power  to  issue  subpoenas,  and  administer  oaths,  and  compel  the  attend- 
ance of  witnesses  before  him  by  attachment  or  otherwise.  All  subpoenas 
issued  by  him  shall  be  in  such  form  as  he  may  prescribe,  and  shall  be  served 
by  any  police  officer  or  by  any  peace-officer  of  such  city,  or  city  and  county. 
Any  person  who  refuses  to  attend  or  testify  in  obedience  to  such  subpoenas 
shall  be  deemed  guilty  of  contempt,  and  be  punished  by  him  as  in  cases  of 
contempt  in  justices'  court  in  civil  cases. 

§  157.  No  officer,  member,  or  employee  of  the  fire  department  shall  be  dis- 
missed unless  for  cause,  nor  until  after  a  trial.  The  accused  shall  be  fur- 
nished with  a:  written  copy  of  the  charges  against  him  at  least  five  (5)  days 
previous  to  the  day  of  trial,  and  he  shall  have  an  opportunity  to  examine  wit- 
nesses in  his  behalf,  and  all  witnesses  shall  be  examined  under  oath,  and  all 
trials  shall  be  public. 

§  158.  The  municipal  council  of  such  city  and  county  is  hereby  authorized 
and  empowered  to  establish  and  maintain  at  the  corporation  yard  a  workshop 
for  making  repairs  and  improvements  upon  the  apparatus  of  the  fire  depart- 
ment, and  such  workshop  and  such  repairs  and  improvements  to  be  under 
the  supervision  of  the  board  of  fire  commissioners,  and  the  municipal  council 
shall  allow  and  order  paid,  out  of  the  proper  fund,  all  the  expenses  of  such 
workshops,  repairs,  and  improvements. 

§  159.  No  member  of  said  board  of  fire  commissioners  shall,  during  his 
term  of  office,  be  a  member  of  any  party  convention  the  purpose  of  which  is 
to  nominate  candidates  for  political  office,  nor  shall  the  officers,  members,  or 
employees  of  said  fire  department  take  any  part  whatever  in  any  partizan  con- 
vention, held  for  the  purposes  of  a  political  party;  nor  shall  any  member  of 
the  said  board  of  fire  commissioners,  directly  or  indirectly,  attempt  to  control 
or  influence  the  action  of  any  member  of  said  fire  department,  or  any  employee 
thereof,  in  any  primary  or  general  election.  No  member  of  the  fire  depart- 
ment shall  levy,  collect,  or  pay  any  amount  of  money  as  an  assessment  or 
contribution  for  political  purposes.  Any  violation  of  the  foregoing  provisions 
of  this  section  shall  be  deemed  a  misdemeanor. 

§  160.  The  salaries  of  the  officers  of  the  fire  department  shall  be  paid  in 
monthly  instalments,  and  as  follows : 

1.  The  salary  of  the  fire  commissioners  shall  be  one  thousand  two  hundred 
dollars  per  annum; 

2.  The  salary  of  the  chief  engineer  shall  be  four  thousand  dollars  per  an- 
num: 


MUNICIPAL,    CORPORATIONS— FIRE    DEPARTMENT— SALARIES.  801 

3.  The  salary  of  the  assistant  chief  engineer  shall  be  two  thousand  four 
hundred  dollars  per  annum; 

4.  The  salaries  of  the  assistant  engineers  shall  each  be  one  thousand  eight 
hundred  dollars  per  annum; 

5.  The  salary  of  the  superintendent  of  steam  fire-engines  shall  be  two  thou- 
sand four  hundred  dollars  per  annum. 

§  161.  The  salaries  of  the  members  and  employees  of  the  fire  department 
shall  be  paid  in  monthly  instalments,  and  as  follows : 

1.  The  salary  of  assistant  superintendent  of  steam  fire-engines  shall  be  one 
thousand  six  hundred  and  eighty  dollars  per  annum; 

2.  The  salary  of  the  clerk  and  storekeeper  for  the  corporation  yard  shall 
be  one  thousand  five  hundred  dollars  per  annum; 

3.  The  salary  of  the  corporation  yard  drayman  shall  be  one  thousand  and 
eighty  dollars  per  annum ; 

4.  The  salary  of  the  night  watchman  for  the  corporation  yard  shall  be  nine 
hundred  dollars  per  annum; 

5.  The  salary  of  the  two  hydrantmen  shall  be  one  thousand  and  eighty  dollars 
per  annum  each; 

6.  The  salary  of  the  veterinary  surgeon  shall  be  one  thousand  two  hundred 
dollars  per  annum ; 

7.  The  salary  of  the  foreman  of  each  company  shall  be  five  hundred  and 
forty  dollars  per  annum; 

8.  The  salary  of  the  engineer  for  each  steam  fire-engine  company  shall  be 
one  thousand  six  hundred  and  eighty  dollars  per  annum ; 

9.  The  salary  of  the  substitute  engineer  and  machinist  shall  be  one  thou- 
sand six  hundred  and  eighty  dollars  per  annum ; 

10.  The  salary  of  the  driver  for  each  company  shall  be  one  thousand  and 
eighty  dollars  per  annum ; 

11.  The  salary  of  the  fireman  for  each  steam  fire  company  shall  be  one  thou- 
sand and  eighty  dollars  per  annum ; 

12.  The  salary  of  the  carpenter  for  said  department  shall  be  one  thousand 
two  hundred  dollars  per  annum; 

13.  The  salary  of  the  tillerman  for  each  hook-and-1  adder  company  shall  be 
one  thousand  and  eighty  dollars  per  annum; 

14.  The  salary  of  the  steward  for  each  hose  company  shall  be  nine  hundred 
and  sixty  dollars  per  annum; 

15.  The  salary  of  each  hoseman  and  each  hook-and-ladder  man  shall  be  four 
hundred  and  eighty  dollars  per  annum ; 

16.  The  salary  of  the  janitor  and  messenger  shall  be  one  thousand  two  hun- 
dred dollars  per  annum; 

17.  The  salary  of  the  clerk  of  the  board  of  fire  commissioners  shall  be  one 
thousand  eight  hundred  dollars  per  annum. 

§  162.  There  shall  be  maintained  and  provided  for  by  the  municipal  coun- 
cil in  such  city,  or  city  and  county,  a  fire-alarm  and  police  telegraph  for 
municipal  use,  and  the  superintendent  thereof  shall  be  appointed  by  the  board 
of  fire  commissioners,  to  serve  during  its  pleasure,  except  that  he  shall  not 
be  removed  for  political  causes,  reasons,  or  purposes.  Said  superintendent  is 
authorized    to    appoint    the    following    officers    and    employees:     One    chief 

Gen.   Laws — 51 


802  MUNICIPAL    CORPORATIONS— BOARD    OF    HEALTH— POWERS. 

operator,  three  operators,  one  repairer,  two  assistant  repairers,  and  one  bat- 
teryman.  It  shall  be  the  duty  of  such  board,  on  their  first  organization  under 
this  act,  to  appoint  as  officers  and  employees  thereof  the  officers  and  employees 
of  any  fire-alarm  and  police  telegraph  which  shall  be  in  service  in  such  city, 
or  city  and  county,  at  the  time  of  its  organization  under  this  act, 

§  163.  The  salaries  of  the  officers  of  said  fire-alarm  and  police  telegraph 
shall  be  paid  in  monthly  instalments,  and  as  follows: 

1.  The  salarj^  of  the  superintendent  shall  be  two  thousand  four  hundred  dol- 
lars per  annum; 

2.  The  salary  of  the  chief  operator  shall  be  one  thousand  eight  hundred  dol- 
lars per  annum; 

3.  The  salary  of  each  of  the  three  operators  herein  provided  for  shall  be 
one  thousand  five  hundred  dollars  per  annum; 

4.  The  salary  of  the  repairer  shall  be  one  thousand  two  hundred  dollars  per 
annum ; 

5.  The  salary  of  each  of  the  two  assistant  repairers  herein  provided  for  shall 
be  one  thousand  and  eighty  dollars  per  annum; 

6.  The  salary  of  the  batteryman  shall  be  nine  hundred  dollars  per  annum. 

§  164.  The  municipal  council  shall  appropriate  such  sum  as  may  be  neces- 
sary, not  exceeding  fifteen  thousand  dollars  per  annum,  for  the  maintenance, 
repair,  and  extension  of  said  telegraph,  and  to  defray  the  cost  of  instruments 
and  machinery  therefor,  and  for  such  horses  and  vehicles  as  may  be  necessary 
for  the  use  of  said  superintendent. 

§  165.  There  shall  be  a  board  of  health  for  such  city,  or  city  and  county, 
which  board  shall  consist  of  the  mayor  of  the  city  and  county,  and  five  physi- 
cians in  good  standing,  residing  in  such  city,  or  city  and  county,  who  shall 
be  appointed  by  the  governor,  and  who  shall  hold  office  for  the  term  of  four 
years,  and  until  their  successors  are  appointed  and  qualified ;  and  in  case  any 
vacancy  shall  at  any  time  occur  in  said  board  by  removal,  or  resignation,  or 
otherwise,  the  same  shall  be  filled  by  appointment  by  the  governor. 

§  166.  The  mayor  of  such  city,  or  city  and  county,  shall  be  ex  officio  presi- 
dent of  the  board  of  health,  and  in  his  absence,  at  any  meeting,  the  board 
may  elect  a  chairman,  who  shall,  for  the  time,  be  clothed  with  all  the  power 
of  the  president.  Said  board  shall  hold  a  regular  meeting  at  least  once  in 
each  month,  and  at  other  times,  when  called  thereto  by  the  president,  or  by 
a  majority  of  the  board. 

§  167.  Said  board  of  health  is  hereby  invested  with  general  jurisdiction 
over  all  matters  appertaining  to  the  sanitary  condition  of  such  city,  or  city 
and  county,  and  over  all  quarantine  regulations  and  the  enforcement  thereof, 
and  hospitals  and  almshouses,  and  all  municipal  institutions  created  and 
maintained  for  charitable  purposes  and  not  herein  enumerated,  within  the 
corporate  limits  of  such  city,  or  city  and  county,  and  adopt  such  orders  and 
regulations  as  may  be  necessary  to  the  complete  exercise  of  the  powers  here- 
inbefore enumerated,  and  may  appoint  or  discharge  such  attendants  and 
employees  as  may  seem  best  to  promote  the  public  welfare. 

§  168.     The  members  of  said  board  of  health  shall  receive  no  salary. 

§  169.     Said  board  of  health  shall  have  power  to   appoint  the  following 


MUNICIPAL.  CORPORATIONS— BOARD   OF  HEALTH— OFFICERS.  803 

officers  and  employees,  who  shall  receive  the  salaries  hereinafter  provided, 
payable  in  monthly  instalments  at  the  end  of  each  month,  viz. : 

1.  One  health  officer,  who  shall  be  the  executive  officer  of  said  board,  at  a 
salary  of  two  thousand  four  hundred  dollars  per  annum ; 

2.  One  quarantine  officer,  at  a  salary  of  one  thousand  eight  hundred  dollars 
per  annum ; 

3.  One  secretary,  at  a  salary  of  two  thousand  four  hundred  dollars  per  annum; 

4.  Six  health  inspectors  and  one  market  inspector,  at  a  salary  of  one  thousand 
two  hundred  dollars  per  annum  each ;  one  messenger  at  nine  hundred  dollars  per 
annum ; 

5.  One  superintendent  of  the  city,  or  city  and  county,  hospital,  who  shall  be  a 
physician  and  graduate  of  some  medical  college  in  good  standing,  at  a  salary 
of  two  thousand  four  hundred  dollars  per  annum ; 

6.  One  resident  hospital  physician,  at  a  salary  of  one  thousand  five  hundred 
dollars  per  annum; 

7.  One  hospital  steward,  at  a  salary  of  one  thousand  two  hundred  dollars  per 
annum ; 

8.  One  hospital  matron,  at  a  salary  of  nine  hundred  dollars  per  annum. 

9.  One  hospital  apothecary,  at  a  salary  of  one  thousand  two  hundred  dollars 
per  annum ; 

10.  One  hospital  engineer,  at  a  salary  of  nine  hundred  dollars  per  annum ; 

11.  Two  physicians  and  two  surgeons,  to  be  selected  from  the  faculty  of  the 
medical  department  of  the  University  of  California,  and  two  physicians  and 
two  surgeons,  to  be  selected  from  the  faculty  of  the  Pacific  Medical  College,  at 
such  salary  as  the  board  of  health  may  designate,  not  to  exceed  one  thousand 
two  hundred  dollars  each  per  annum,  as  visiting  physicians  and  surgeons  to  the 
city,  or  city  and  county,  hospital; 

12.  One  almshouse  superintendent,  at  a  salary  of  two  thousand  four  hundred 
dollars  per  annum ; 

13.  One  resident  almshouse  physician,  at  a  salary  of  one  thousand  five  hun- 
dred dollars  per  annum ; 

14.  One  almshouse  matron,  at  a  salary  of  seven  hundred  and  twenty  dollars 
per  annum ; 

15.  One  city  physician,  at  a  salary  not  to  exceed  one  thousand  eight  hundred 
dollars  per  annum ; 

16.  One  assistant  city  physician  for  the  industrial  school  and  house  of  correc- 
tion, at  a  salary  of  one  thousand  two  hundred  dollars  per  annum ; 

17.  One  first  cook,  at  a  salary  of  sixty  dollars  per  month ; 

18.  One  second  cook,  at  a  salary  of  thirty-five  dollars  per  month; 

19.  One  third  cook,  at  a  salary  of  thirty  dollars  per  month ; 

20.  One  baker,  at  a  salary  of  seventy-five  dollars  per  month; 

21.  One  clerk,  at  a  salary  of  forty  dollars  per  month ; 

22.  One  interpreter,  at  a  salary  of  forty  dollars  per  month; 

23.  One  ambulance  driver,  at  a  salary  of  forty  dollars  per  month ; 

24.  Sixteen  nurses,  at  a  salary  of  thirty-five  dollars  each  [per  month], 

§  170.  The  appointing  power  of  all  and  every  of  the  aforesaid  officers  and 
employees  is  vested  solely  in  said  board  of  health,  and  said  board  shall  have 
power  to  prescribe  the  duties  of  every  and  all  of  said  officers  and  employees,  and 


804  MUNICIPAL  CORPORATIONS— BOARD   OF  HEALTH— SALARIES. 

to  remove  the  same  at  pleasure ;  and  said  board  of  health  is  hereby  empowered 
to  employ  such  additional  employees  as  may  be  necessary  to  carry  out  the  pur- 
poses of  this  act,  at  such  compensations  as  said  board  of  health  may  fix. 

§  171.  The  salaries  of  the  officers  and  employees  of  said  board  of  health,  and 
all  other  expenses  legally  incurred  by  said  board  under  the  provisions  of  this 
chapter,  shall  be  payable  out  of  the  general  fund  of  the  treasury  of  such  city, 
or  city  and  county;  and  the  auditor  of  such  city,  or  city  and  county,  is  hereby 
directed  to  audit  all  such  demands,  and  the  treasurer  of  such  city,  or  city  and 
county,  is  hereby  directed  to  pay  the  same  out  of  said  general  fund.  The  said 
board  of  health  shall,  annually,  upon  the  third  Monday  of  April  of  each  year, 
transmit,  in  writing,  to  the  municipal  council  of  such  cit}^,  or  city  and  county, 
an  estimate  of  the  amount  of  money  necessary  to  defray  all  of  the  expenditures 
of  said  board  of  health  for  the  next  fiscal  year ;  and  the  board  of  health  shall  not 
expend,  in  any  one  fiscal  year,  an  amount  exceeding  the  amount  of  such  estimate 
so  transmitted  by  said  board  of  health  for  such  fiscal  year,  allowed  upon  such 
estimate  by  the  municipal  council,  except  in  case  of  an  epidemic  of  any  contagious 
disease,  when  such  board  of  health  is  hereby  authorized  to  increase  such  expense 
as  may  be  deemed  necessary  for  the  public  safety ;  and  all  such  expenses  shall  be 
payable  out  of  the  general  fund  of  such  city,  or  city  and  county,  at  the  same  time 
and  in  the  same  manner  provided  for  other  expenses  of  said  board.  Nothing  in 
this  act  shall  be  construed  to  authorize  said  board  of  health  to  contract  for  or 
purchase  supplies  for  any  of  the  charitable  institutions  placed  under  its  control 
by  this  chapter.  All  contracts  for  any  of  the  work  authorized  by  this  chapter  to 
be  caused  to  be  performed  by  said  board  of  health  shall  be  awarded  by  said  board 
to  the  lowest  responsible  bidder,  after  notice,  for  not  less  than  five  days,  in  two 
daily  newspapers  published  in  such  city,  or  city  and  county,  under  such  regu- 
lations and  requirements  as  said  board  of  health  may  adopt. 

§  172.  It  shall  not  be  lawful  for  any  superintendent,  or  other  principal  officer 
in  charge  of  any  almshouse  in  such  city,  or  city  and  county,  to  have  or  receive 
any  perquisites,  or  to  derive  any  income  or  revenue  therefrom,  either  directly 
or  indirectly,  other  than  the  salary  allowed  to  him  by  the  board  of  health ;  nor 
shall  it  be  allowable  for  any  subordinate  officer  or  employee  to  have  or  receive 
any  perquisites,  either  directly  or  indirectly;  and  it  shall  be  the  duty  of  the 
board  of  health  to  remove  any  such  superintendent,  or  other  principal  officer, 
or  any  subordinate  officer  or  employee  who  violates  any  provision  of  this  section. 
All  fees  authorized  by  any  of  the  provisions  of  this  chapter,  to  be  collected  by 
any  officer  or  employee  of  the  board  of  health,  shall  be  immediately  paid  by 
such  officer  or  employee  to  the  secretary  of  said  board  of  health,  who  shall,  upon 
the  first  Monday  of  each  month,  pay  the  same  into  the  treasury  of  such  city,  or 
city  and  county,  to  be  credited  to  the  proper  fund. 

§  173.  Shipmasters  bringing  vessels  into  the  harbor  of  any  such  city,  or  city 
and  county,  and  all  masters,  owners,  or  consignees  having  vessels  in  such  harbor, 
which  have  on  board  any  cases  of  Asiatic  cholera,  smallpox,  yellow,  typhus,  [or] 
ship  fever,  or  any  other  contagious  disease,  must  report  the  same,  in  writing,  to 
the  quarantine  officer  before  landing  any  passengers,  casting  anchor,  or  coming 
to  any  wharf,  or  as  soon  thereafter  as  they,  or  either  of  them,  become  aware  of 
the  existence  of  either  of  these  diseases  on  board  of  their  vessel. 


MUNICIPAL,    CORPORATIONS— VESSELS — QUARANTINE.  805 

§  174.  No  captain  or  other  officer  in  command  of  any  vessel  sailing  under  a 
register,  arriving  at  the  port  of  any  such  city,  or  city  and  county,  nor  any  owner, 
consignee,  agent,  or  other  person  having  charge  of  such  vessel,  must,  under  a 
penalty  of  not  less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars, 
land,  or  permit  to  be  landed,  any  freight,  passengers,  or  other  persons  from 
such  vessels,  until  he  has  reported  to  the  quarantine  officer,  presented  his  bill  of 
health,  and  received  a  permit  from  that  officer  to  land  freight,  passengers,  and 
other  persons. 

§  175.  Every  pilot  who  conducts  into  the  port  of  any  such  city,  or  city  and 
county,  any  vessel  subject  to  quarantine,  or  examination  by  the  quarantine  officer, 
must: 

1.  Bring  the  vessel  no  nearer  such  city,  or  city  and  county,  than  is  allowed 
by  law ; 

2.  Prevent  any  person  from  leaving  such  vessel,  and  any  communication  being 
made  with  the  vessel  under  his  charge,  until  the  quarantine  officer  has  boarded  her 
and  given  the  necessary  orders  and  directions ; 

3.  Be  vigilant  in  preventing  any  violation  of  the  quarantine  laws,  and  report, 
without  delay,  all  such  violations  that  come  to  his  knowledge  to  the  quarantine 
officer ; 

4.  Present  the  master  of  the  vessel  with  a  printed  copy  of  the  quarantine  laws, 
unless  he  has  one; 

5.  If  the  vessel  is  subject  to  quarantine,  by  reason  of  infection,  place  at  the 
masthead  a  small  yellow  flag. 

§  176.  Every  master  of  a  vessel  subject  to  quarantine,  or  visitation  by  the 
quarantine  officer,  arriving  in  the  port  of  any  such  city,  or  city  and  county,  who 
refuses  or  neglects  either: 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place  assigned  for  quarantine, 
when  legally  directed  so  to  do ;  or, 

2.  To  submit  his  vessel,  cargo,  and  passengers  to  the  quarantine  officers,  their 
inspection,  examination,  and  direction,  and  furnish  all  necessary  information  to 
enable  that  officer  to  determine  to  what  quarantine  or  other  regulations  they 
might  respectively  be  subject ;  or, 

3.  To  report  all  cases  of  disease  and  of  death  occurring  on  his  vessel,  and  to 
comply  with  all  the  sanitary  regulations  of  such  port  or  harbor ; 

Is  liable  in  the  sum  of  five  hundred  dollars  for  every  such  neglect  or  refusal. 

§  177.  All  vessels  arriving  off  the  port  of  any  such  city,  or  city  and  county, 
from  ports  which  have  been  legally  declared  infected  ports,  and  all  vessels  arriv- 
ing from  ports  where  there  is  prevailing,  at  the  time  of  their  departure,  any 
contagious,  infectious,  or  pestilential  diseases,  or  vessels  with  decaying  cargoes, 
or  which  have  usually  foul  or  offensive  holds,  are  subject  to  quarantine,  and 
must  be  by  the  master,  owner,  pilot,  or  consignee  reported  to  the  quarantine 
officer  without  delay.  No  such  vessel  must  pass  within  the  bounds  prohibited 
them  by  the  board  of  health,  until  the  quarantine  officer  has  boarded  her  and 
given  the  order  required  by  law. 

§  178.  The  quarantine  officer  must  board  every  vessel  subject  to  quarantine 
or  visitation  by  him,  immediately  on  her  arrival,  make  such  examinations  and 
inspection  of  vessels,  books,  papers,  or  cargo,  or  of  persons  on  board,  under  oath. 


SOe  MUNICIPAL   CORPORATIONS— VESSELS— QUARANTINE— FEES. 

as  he  may  judge  expedient,  and  determine  whether  the  vessel  should  be  ordered 
to  quarantine,  and  if  so,  the  period  of  quarantine. 

§  179.  No  captain,  or  other  officer,  in  command  of  any  passenger-carrying 
vessel  of  more  than  one  hundred  and  fifty  tons  burden,  nor  of  any  vessel  of 
more  than  one  hundred  and  fifty  tons  burden  having  passengers  on  board,  nor 
any  consignee,  owner,  agent,  or  other  person  having  charge  of  such  vessel  or 
vessels,  must,  under  a  penalty  of  not  less  than  one  hundred  dollars  nor  more  than 
one  thousand  dollars,  land,  or  permit  to  be  landed,  any  passenger  from  the  vessel 
until  he  has  presented  his  bill  of  health  to  the  quarantine  officer  and  received  a 
permit  from  that  officer  to  land  such  passengers,  except  in  such  cases  as  the 
quarantine  officer  deems  it  safe  to  give  the  permit  before  seeing  the  bill  of  health. 

§  180.  The  following  fees  shall  be  collected  by  the  quarantine  officer  for  giving 
a  permit  to  land  freight  or  passengers,  or  both :  From  any  sailing  vessel  of  less 
than  five  hundred  tons  burden,  from  any  port  out  of  this  state,  two  dollars  and 
fifty  cents ;  five  hundred  and  under  one  thousand  tons  burden,  five  dollars ;  each 
additional  one  thousand  tons  burden,  or  fraction  thereof,  an  additional  two  dol- 
lars and  fifty  cents ;  for  steam  vessels,  propelled  in  whole  or  in  part  by  steam,  of 
one  thousand  tons  burden  or  less,  five  dollars,  and  two  dollars  and  fifty  cents 
additional  for  each  additional  one  thousand  tons  burden  or  fraction  thereof. 
But  vessels  not  propelled  in  whole  or  in  part  by  steam,  sailing  to  and  from  any 
port  or  ports  of  the  Pacific  states  of  the  United  States  or  territories,  and  whaling 
vessels  entering  the  harbor  of  any  such  city  and  county,  are  excepted  from  the 
provisions  of  this  section. 

§  181.  The  board  of  health  may  enforce  compulsory  vaccination  on  passengers 
or  [on]  variola-infected  ships,  or  coming  from  ports  infected  with  the  same. 

§  182.  The  board  of  health  shall  establish  quarantine  grounds  at  such  points 
and  places  as  in  its  judgment  may  best  conduce  to  public  safety ;  may  provide 
suitable  hospitals  whenever  the  same  are  required  for  the  public  safety,  and  fur- 
nish and  supply  the  same  with  nurses  and  attaches,  and  remove  thereto  all 
persons  afflicted  with  cholera,  smallpox,  yellow,  typhus  [or]  ship  fever,  or  other 
contagious  diseases;  provided,  said  quarantine  grounds  and  hospitals  shall  not 
be  established  within  one  mile  of  the  mainland  on  the  north  side  of  the  bay  of 
San  Francisco. 

§  183.  The  board  of  health  must  cause  to  be  kept  a  record  of  all  births,  deaths, 
and  interments  occurring  in  such  city,  or  city  and  county,  coming  under  the 
provisions  of  this  chapter.  Such  records,  when  filed,  must  be  deposited  in  the 
office  of  the  city,  or  city  and  county,  recorder,  and  produced  when  required  for 
public  inspection. 

§  184.  Physicians  and  midwives  must,  on  or  before  the  fourth  day  of  each 
month,  make  a  return  to  the  health  officer  of  all  births,  deaths,  and  the  number 
of  still-born  children  occurring  in  their  practice  during  the  preceding  month. 
In  the  ab.sence  of  such  attendants,  the  parents  must  make  such  report  within 
thirty  days. after  the  birth  of  the  child.  Such  returns  must  be  made  in  accord- 
ance with  rules*  adopted  by,  and  upon  blanks  furnished  by,  the  board  of  health. 
^  §  185.  No  person  shall  deposit  in  any  cemetery,  or  inter  in  any  such  city,  or 
city  and  county,  any  human  body,  without  first  having  obtained  and  filed  with 
the  health  officer  a  certificate,  signed  by  a  physician  or  midwife,  or  coroner. 


MUNICIPAL,   CORPORATIONS — CEMETERIES — INTERRING  AND   EXHUMING.        SOT 

setting  forth  as  near  as  possible  the  name,  age,  color,  sex,  place  of  birth,  occupa- 
tion, date,  locality,  and  the  cause  of  death  of  deceased,  and  obtain  from  such 
health  officer  a  permit.  The  physicians,  when  death  occurs  in  their  practice,  must 
give  the  certificate  herein  mentioned.  It  shall  be  the  duty  of  the  said  board  of 
health  to  see  that  the  dead  body  of  a  human  being  is  not  allowed  to  remain  in  any 
public  receiving  vault  for  a  longer  period  than  five  days.  At  the  expiration  of 
that  time  it  shall  cause  the  body  to  be  buried,  or  to  be  placed  in  a  vault  or  niche, 
constituted  of  brick,  stone,  or  iron,  and  hermetically  sealed.  It  shall  also  be  the 
duty  of  said  boards  to  require  all  persons  having  in  charge  the  digging  of 
graves  and  the  burial  of  the  dead,  to  see  that  the  body  of  no  human  being  who  has 
reached  ten  years  of  age  shall  be  interred  in  a  grave  less  than  six  feet  deep,  or  if 
under  the  age  of  ten  years,  the  grave  to  be  not  less  than  five  feet  deep.  The 
board  of  health  shall  have  entire  charge  of  all  cemeteries  belonging  to  such 
city,  or  city  and  county,  and  may  employ  a  superintendent  thereof,  at  a  salary 
not  to  exceed  seventy-five  dollars  per  month,  the  same  to  be  paid  out  of  the 
general  fund  as  the  salaries  of  the  other  employees  are  paid. 

§  186.  Superintendents  of  all  cemeteries  in  any  such  city,  or  city  and  county, 
must  return  to  the  health  officer,  on  each  Monday,  the  names  of  all  persons 
interred  or  deposited  within  their  respective  cemeteries  during  the  preceding 
week,  and  no  superintendent  of  a  cemetery,  or  any  other  person,  can  remove,  or 
cause  to  be  removed,  or  cause  to  be  disinterred,  any  human  body  or  remains  that 
have  been  deposited  in  a  cemetery,  without  a  permit  therefor  from  the  health 
officer,  or  by  order  of  the  coroner. 

§  187.  It  shall  be  unlawful  to  disinter  or  exhume  from  a  grave,  vault,  or  other 
burial-place  within  the  limits  of  such  city,  or  city  and  county,  the  body  or 
remains  of  any  deceased  person,  unless  a  permit  for  so  doing  shall  have  first  been 
obtained  from  the  health  officer  of  such  city,  or  city  and  county.  Nor  shall  any 
body  or  remains  disinterred,  exhumed,  or  taken  from  any  grave,  vault,  or  other 
place  of  burial  or  deposit,  be  transported  in  or  through  the  streets  or  highways 
of  any  such  city,  or  city  and  county,  unless  the  person  or  persons  removing  or 
transporting  such  body  or  remains  shall  first  obtain  from  the  health  officer  a 
permit,  in  writing,  therefor,  as  aforesaid.  But  when  an  applicant  for  a  permit 
to  disinter  a  body  shall  desire  to  remove  said  body  beyond  the  limits  of  such 
city,  or  city  and  county,  and  shall  so  state  on  making  application,  the  permit, 
if  the  same  be  issued,  shall  include  the  right  to  disinter  and  remove,  and  said 
permit  shall  accompany  the  remains. 

§  188.  Permits  to  disinter  or  exhume  the  bodies  or  remains  of  deceased  persons 
and  to  transport  the  same,  or  to  exhume,  or  to  transport,  as  in  the  last  [preced- 
ing] section  provided,  may  be  granted,  in  the  discretion  of  the  health  officer,  and 
under  such  restrictions  and  conditions  only  as  he,  in  his  judgment,  may  affix,  so  as 
in  the  bast  possible  manner  to  protect  the  public  health.  The  health  officer  shall 
prepare  a  book  of  blank  permits  in  proper  form,  and  consecutively  numbered, 
containing  stubs,  on  which,  as  well  as  in  the  permit,  shall  be  entered  a  record  of 
the  transaction,  giving  the  name,  age,  sex,  nativity,  date  of  death,  destination  of 
remains  sought  to  be  removed,  and  upon  granting  each  permit  shall  be  required 
to  be  paid  to  him  the  sum  of  ten  dollars  therefor,  for  the  use  and  benefit  of  the 
general  fund  of  such  city,  or  city  and  county. 


808         MUNICIPAL  CORPORATIONS — CONVEYING  OR  TRANSPORTING  CORPSES. 

§  189.  Any  person  or  persons  who  shall  disinter,  exhume,  or  remove,  or  cause 
to  be  disinterred,  exhumed,  or  removed,  from  a  grave,  vault,  or  other  receptacle 
or  burial-place,  the  remains  of  a  deceased  person,  without  a  permit  therefor, 
shall  be  guilty  of  a  misdemeanor,  and  be  punished  by  fine  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars,  or  imprisonment  in  the  county  jail 
for  not  less  than  thirty  days  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

.§  190.  Any  person  or  persons  who  shall  transport,  or  cause  to  be  transported, 
on  or  through  the  streets  or  highways  of  any  such  city,  or  city  and  county,  the 
body  or  remains  of  a  deceased  person  which  has  been  disinterred  or  exhumed 
without  a  permit  therefor,  in  accordance  with  this  chapter,  shall  be  guilty  of  a 
misdemeanor,  and  be  punished  as  provided  in  the  preceding  section. 

§  191.  Nothing  in  this  chapter  contained  shall  be  taken  to  apply  to  the  re- 
moval of  the  remains  of  the  deceased  person  from  one  place  of  interment  to 
another  place  of  interment,  or  cemetery,  within  this  state. 

§  192.  No  person,  master,  captain,  or  conductor  in  charge  of  any  boat,  vessel, 
or  railroad  car,  or  public  or  private  conveyance,  shall  receive  for  transportation, 
or  shall  transport,  the  body  of  any  person  who  has  died  within  the  limits  of  such 
city,  or  city  and  county,  without  said  body  is  accompanied  by  a  permit  for  such 
transportation  from  the  health  officer,  which  permit  shall  accompany  the  body  to 
its  destination;  and  no  person,  master,  captain,  or  conductor,  as  aforesaid,  shall 
bring  into  or  transport  through  any  such  city,  or  city  and  county,  the  dead 
body  or  remains  of  any  person  unless  it  be  accompanied  with  a  certificate  from 
some  proper  authority  of  the  place  from  whence  it  came,  stating  the  name,  age, 
sex,  and  cause  of  death,  which  certificate  shall  be  filed  at  the  health  office; 
provided,  that  in  no  case  shall  the  body  of  any  person  who  died  of  contagious 
disease  be  brought  to  such  city,  or  city  and  county,  within  one  year  after  the  day 
of  death. 

§  193.  AVhenever  a  nuisance  shall  exist  on  the  property  of  any  non-resident, 
or  any  property  the  owner  or  owners  of  which  cannot  be  found  by  either  health 
inspector,  after  diligent  search,  or  on  the  property  of  any  owner  or  owners  upon 
whom  due  notice  may  have  been  served,  and  who  shall  for  three  days  refuse  or 
neglect  to  abate  the  same,  or  any  property  belonging  to  such  city,  or  city  and 
county,  it  shall  be  the  duty  of  the  board  of  health  to  cause  the  said  nuisance  to  be 
at  once  removed  or  abated,  and  to  draw  upon  the  general  fund  in  such  sums  as 
may  be  required  for  such  removal  or  abatement,  not  to  exceed  two  hundred  dol- 
lars ;  provided,  that  whenever  a  larger  expenditure  is  found  nece.ssary  to  be  made 
in  the  removal  or  suppression  of  any  nuisance,  the  municipal  council  of  such  city, 
or  city  and  county,  shall,  upon  the  written  application  of  the  board  of  health, 
by  ordinance,  appropriate,  allow,  and  order  paid,  out  of  the  general  fund,  such 
sum  or  sums  as  may  be  necessary  for  that  purpose ;  provided  further,  that  in  all 
eases  where  such  expenditure  will  exceed  five  hundred  dollars,  no  appropriation 
shall  be  made  for  that  purpose  unless  the  city,  or  city  and  county,  attorney  shall 
first  give  his  opinion  in  writing  that  such  expenditure  would  be  a  legal  charge 
against  the  property  affected  thereby.  And  the  auditor  shall  audit  and  the 
treasurer  shall  pay  all  appropriations  of  money  made  in  pursuance  of  this  section, 
in  the  same  manner  as  is  now  provided  by  law  for  auditing  and  paying  demands 
upon  the  treasury. 


MUNICIPAL,    CORPORATIONS— RFPORTS    TO    BOARD    OF    HEALTH.  800 

§  194.  The  health  ojfficer  and  the  quarantine  officer  must  each  keep  a  book 
open  to  public  inspection,  in  which  must  be  entered  daily  all  fees  collected  by 
them,  and  they  must  pay  all  fees  collected  to  such  city,  or  city  and  county, 
treasurer,  daily,  to  the  credit  of  the  general  fund. 

§  195,  The  health  officer  must  execute  an  official  bond,  with  two  sureties,  to  be 
approved  by  the  board  of  health,  in  the  sum  of  ten  thousand  dollars;  and  the 
quarantine  officer  must  execute  a  like  official  bond,  with  two  sureties,  in  the 
sum  of  ten  thousand  dollars ;  which  bonds  shall  be  filed  with  the  auditor  of  such 
city,  or  city  and  county, 

§  196.  Any  member  of  the  board  of  health,  the  health  officer,  and  the  quaran- 
tine officer,  and  the  secretary  of  the  board  of  health,  is  [are]  hereby  authorized  to 
administer  oaths  on  business  connected  with  the  health  department. 

§  197,  Whenever  any  cause  of  action  arises  under  any  of  the  provisions  of 
this  chapter  relating  to  the  health  department,  suit  may  be  maintained  thereon 
in  the  name  of  the  health  or  quarantine  officer,  as  the  case  may  be,  in  any  su- 
perior court  or  justices'  court  of  this  state, 

§  198.  Every  physician  in  any  such  city,  or  city  and  county,  shall  report  to 
the  health  officer,  in  writing,  every  patient  he  shall  have  laboring  under  Asiatic 
cholera,  variola,  diphtheria,  scarlatina,  or  other  contagious  diseases,  immediately 
thereafter,  and  report  to  the  same  officer  every  case  of  death  from  such  disease. 

§  199.  Every  householder  in  any  such  city,  or  city  and  county,  shall  forthwith 
report,  in  writing,  to  the  health  officer  the  name  of  every  person  boarding,  or  an 
inmate  of  his  or  her  house,  whom  he  or  she  shall  have  reason  to  believe  sick  of 
cholera,  or  smallpox,  and  any  death  occurring  at  his  or  her  house  from  such 
disease. 

§  200.  There  shall  be  a  board  of  park  commissioners  of  such  city,  or  city  and 
county,  consisting  of  three  persons,  to  be  appointed  by  the  governor  of  this  state, 
who  shall  hold  their  office  for  four  years,  and  who  shall  receive  no  compensation 
for  their  services.  In  case  of  a  vacancy,  the  same  shall  be  filled  by  the  remaining 
members  of  the  board  for  the  residue  of  the  term  then  vacant ;  and  all  vacancies 
occasioned  by  expiration  of  terms  of  office,  or  neglect,  or  incapacity,  shall  be 
filled  by  the  governor  aforesaid.  Each  of  said  commissioners  shall  be  a  free- 
holder and  resident  of  such  city,  or  city  and  county.  Said  board  shall  have  full 
and  exclusive  control  and  management  of  all  the  parks  of  such  city,  or  city  and 
county,  which  at  the  time  of  the  organization  of  such  city,  or  city  and  county, 
under  this  act,  were  treated  and  improved  as  public  parks,  with  the  avenues  and 
great  highways  connected  therewith.  Two  of  said  commissioners  shall  constitute 
a  quorum  to  do  business,  but  no  money  shall  be  expended  or  contract  entered 
into  authorizing  the  expenditure  of  money  without  the  approval  of  the  mayor 
and  a  majority  of  said  board  of  park  commissioners, 

§  201.  Said  board  shall  have  power  to  govern,  manage,  and  direct  said  parks 
and  avenues  leading  thereto  as  have  heretofore  been  operated  or  managed  in 
connection  therewith;  to  lay  out,  regulate,  and  improve  such  parks  and  avenues; 
to  pass  ordinances  for  the  regulation  and  government  of  the  same;  to  appoint 
one  general  superintendent,  who  shall  perform  the  duties  of  overseer  and  man- 
aging gardener,  who  shall  receive  a  salary  of  two  thousand  four  hundred  dollars 
per  annum.    The  city,  or  city  and  county,  surveyor  shall  be  ex  officio  engineer 


810  MUNICIPAL,   CORPORATIONS— COUNCIL,— JUDICIAL   DEPARTMENT. 

of  the  works,  and  shall  perforin  such  engineering  work  as  the  commissioners  may 
require  of  him.  Prisoners  over  the  age  of  twenty-one  years,  sentenced  to  hard 
labor  in  any  of  the  jails,  prisons,  houses  of  correction,  workhouses,  or  other 
penal  establishments  of  such  city,  or  city  and  county,  may  be  put  to  work  upon 
the  parks.  The  commissioners  may  employ  such  other  laborers  as  shall  be  neces- 
sary, within  the  amount  allowed  by  law  to  be  expended  on  said  parks,  at  wages 
not  to  exceed  the  current  wages  paid  in  such  city,  or  city  and  county,  for  labor. 
They  shall  in  no  year  incur  any  debt  or  deficit,  nor  expend  any  money  beyond 
the  amount  realized  by  the  tax  herein  provided  for.  All  persons  violating  any 
of  the  ordinances  of  the  commissioners  regulating  the  parks  shall  be  deemed 
guilty  of  misdemeanor,  and  punished  accordingly. 

§  202.  The  municipal  council  shall  have  the  power  to  levy  and  collect,  in  the 
mode  prescribed  by  law  for  the  levy  and  collection  of  taxes,  each  year,  upon  all 
property  in  such  city,  or  city  and  county,  the  sum  of  one  and  one  half  cents  upon 
each  one  hundred  dollars  valuation  of  taxable  property  therein,  for  the  purpose 
of  preserving  and  improving  the  parks  and  avenues  imder  control  and  manage- 
ment of  said  commissioners.  Said  money  shall  be  paid  into  the  treasury,  and 
paid  out  for  said  purpose;  all  claims  to  be  first  allowed  by  said  commissioners 
and  audited  by  the  auditor.  The  jurisdiction  of  the  park  commissioners  shall  not 
extend  to  unimproved  parks,  nor  squares  and  places  not  hitherto  treated  as  parks, 
unless  extended  thereto  by  an  ordinance  of  the  municipal  council.  The  com- 
missioners may  lease,  for  terms  not  to  exceed  three  years,  any  portion  of  said 
grounds  not  immediately  required  for  improvement,  the  proceeds  to  go  to  the 
improvement  of  the  parks  and  avenues. 

§  203.  The  park  commissioners  shall  make  semiannual  reports  to  the  mayor 
and  municipal  council  of  all  their  proceedings,  and  a  detailed  statement  of  all 
the  receipts  and  expenditures. 

§  204.  The  mayor  shall  see  that  all  contracts  and  agreements  with  the  city 
are  faithfully  kept  and  performed,  and  to  this  end  he  shall  cause  legal  proceed- 
ings to  be  instituted  and  prosecuted  against  all  persons  or  corporations  failing  to 
fulfil  their  agreements.  And  it  is  the  duty  of  any  and  every  city,  or  city  and 
county,  officer,  when  it  shall  come  to  his  knowledge  that  any  contract  with  such 
city,  or  city  and  county,  relating  to  the  business  of  any  office  whatever,  has  been 
or  is  about  to  be  violated  by  the  other  contracting  party,  forthwith  to  report  the 
fact  to  the  mayor.  A  failure  to  do  so  shall  be  a  sufficient  cause  for  the  removal 
of  any  officer  of  any  department.  The  mayor  shall  give  a  certificate,'  on  demand, 
to  any  officer  giving  such  information  that  he  has  done  so,  which  certificate  shall 
be  evidence  in  exoneration  from  a  charge  of  neglect  of  such  duty.  The  city,  or 
city  and  county,  attorney  shall  prosecute  all  suits  so  ordered  by  the  mayor. 

ARTICLE   V. — JUDICIAL   DEPARTMENT. 

§213.  There  shall  be  in  and  for  such  city,  or  city  and  county,  one  justices' 
court,  composed  of  six  justices  of  the  peace,  which  shall  have  the  powers  and 
jurisdiction  prescribed  and  conferred  by  law  upon  justices  of  the  peace  and 
justices'  courts,  in  such  city,  or  city  and  county.  All  actions,  suits,  and  proceed- 
ings whereof  justices  of  the  peace  and  justices'  courts  in  such  city,  or  city  and 
county,  have  jurisdiction,  shall  be  commenced,  entitled  and  prosecuted  in  said 
court.    Such  court  shall  be  always  open,  non-judicial  days  excepted,  and  causes 


MUNICIPAL   CORPORATIONS — BOARD   OF  ALDERMEN— JUDICIAL  PROCESS.        811 

therein  may  be  tried  before  the  presiding  justice,  before  any  one  of  the  justices 
before  whom  the  original  process  may  be  made  returnable,  or  to  whom  the  cause 
may  be  assigned  or  transferred  for  trial. 

§  214.  The  board  of  aldermen  shall  appoint  one  of  the  justices  of  the  peace  to 
be  presiding  justice,  who,  as  such,  shall  hold  office  until  his  successor  shall  in 
the  same  manner  be  appointed;  and  any  one  of  the  other  justices  may  attend, 
preside  and  act  as  presiding  justice  during  the  temporary  absence  or  disability 
of  the  justice  so  appointed.  The  board  of  aldermen,  within  ten  days  after  its 
organization  as  such  board,  shall  appoint  a  justices'  clerk,  who  shall  hold  office 
during  the  pleasure  of  the  appointing  power.  The  clerk  shall  take  the  constitu- 
tional oath  of  office,  and  give  bond,  with  at  least  two  sufficient  sureties,  to  be  ap- 
proved in  the  same  manner  as  the  official  bond  of  other  officers  of  such  city,  or 
city  and  county,  in  the  sum  of  not  less  than  fifteen  thousand  dollars,  payable  to 
the  city,  or  city  and  county,  conditioned  for  the  faithful  discharge  of  the  duties 
of  his  office,  and  well  and  truly  to  account  for  and  pay  into  the  treasury  of  such 
city,  or  city  and  county,  as  required  by  law,  all  moneys  by  him  collected  or 
received,  and  by  law  designated  for  that  use.  A  new  or  additional  bond  may  be 
required  by  the  municipal  council  whenever  it  deems  it  necessary;  and  on  failure 
to  furnish  such  new  or  additional  bond  within  five  days  after  it  shall  be  required, 
the  office  shall  become  vacant.  The  justices'  clerk  shall  have  authority  to  ad- 
minister oaths,  and  take  and  certify  affidavits  in  any  action,  suit  or  proceeding 
in  all  courts  in  such  city,  or  city  and  county,  and  to  appoint  two  deputy  clerks, 
for  whose  acts  he  shall  be  responsible  on  his  official  bond ;  the  said  deputy  clerks 
to  hold  office  during  the  pleasure  of  said  clerk.  Said  deputy  clerks  shall  have 
the  same  power  as  the  said  clerk,  except  that  of  appointment. 

§  215.  The  municipal  council  of  such  city,  or  city  and  county,  shall  provide, 
in  some  convenient  locality  in  the  city,  or  city  and  county,  a  suitable  office,  or 
suite  of  offices,  for  said  presiding  justice,  justices'  clerk,  deputy  clerk  and  deputy 
sheriff,  and  offices  suitable  for  holding  sessions  of  said  court,  and  separate  from 
one  another,  for  each  of  said  justices  of  the  peace,  together  with  attendants, 
furniture,  fuel,  lights  and  stationery,  sufficient  for  the  transaction  of  business ; 
and  if  they  are  not  provided,  the  court  may  direct  the  sheriff  to  provide  the 
same,  and  the  expenses  incurred,  certified  by  the  justices  to  be  correct,  shall  be  a 
charge  against  the  city,  or  city  and  county,  treasury  and  paid  out  of  the  general 
fund  thereof.  The  said  justices,  justices'  clerk  and  deputy  clerk,  shall  be  in 
attendance  at  their  respective  offices  for  the  dispatch  of  official  business  daily, 
from  the  hour  of  nine  o'clock  a.  m.  until  five  o'clock  p.  m. 

§  216.  All  legal  process  of  every  kind  in  actions,  suits  or  proceedings  in  said 
justices'  court,  for  the  issue  of  service  of  which  any  fee  is  or  may  be  allowed 
by  law,  shall  be  issued  by  the  said  justices'  clerk,  upon  the  order  of  the  presiding 
justice,  or  upon  the  order  of  one  of  the  justices  of  the  peace,  acting  as  presiding 
justice,  as  in  this  chapter  provided;  and  the  fees  for  issuance  and  service  of  all 
such  process,  and  all  other  fees  which  are  allowed  by  law  for  any  official  services 
of  justices,  justices'  clerk,  or  sheriff,  shall  be  exacted  and  paid  in  advance  into 
the  hands  of  said  clerk,  and  be  by  him  daily,  weekly  or  monthly,  as  the  municipal 
council  may  require,  and  before  his  salary  shall  be  allowed,  accounted  for  in 
detail,  under  oath,  and  paid  into  the  treasury  of  such  city,  or  city  and  county, 
as  part  of  the  special  fee  fund  thereof;  provided,  that  such  payment  in  advance 


812  MUNICIPAL,     CORPORATIONS— SERVICE     OF    PROCESS— JURISDICTION. 

shall  not  be  exacted  from  parties  who  may  prove,  to  the  satisfaction  of  the  pre- 
siding justice,  that  they  have  good  cause  of  action,  and  that  they  are  not  of 
sufficient  pecuniary  ability  to  pay  the  legal  fees;  and  no  judgment  shall  be 
rendered  in  any  action  before  said  justices'  court,  or  any  of  said  justices,  until 
the  fees  allowed  therefor,  and  all  fees  for  previous  services  therein,  which  are 
destined  to  be  paid  into  the  treasury,  shall  have  been  paid,  except  in  cases  of  poor 
persons,  as  hereinbefore  provided. 

§  217.  The  sheriff  of  such  city  and  county  shall  be  ex  officio  an  officer  of  said 
court,  and  it  shall  be  his  duty  to  serve  or  execute,  or  cause  to  be  served  and  ex- 
ecuted, each  and  every  process,  writ,  or  order  that  may  be  issued  by  said  justices' 
court ;  provided,  that  a  summons  issued  from  said  court  may  be  served  and  re- 
turned as  provided  in  section  eight  hundred  and  forty-nine  of  the  Code  of  Civil 
Procedure;  and  that  subpoenas  may  be  issued  by  the  justices'  clerk,  and  served 
as  provided  in  sections  nineteen  hundred  and  eighty-seven  and  nineteen  hundred 
and  eighty-eight  of  the  Code  of  Civil  Procedure.  The  said  sheriff  may  appoint, 
in  addition  to  the  other  deputies  allowed  by  law,  three  deputies,  w^hose  duty  it 
shall  be  to  assist  said  sheriff  in  se-ving  and  executing  the  process,  writs,  and 
orders  of  the  said  justices'  court.  Said  deputies  shall  receive  a  salary  of  not  to 
exceed  one  hundred  and  twenty-tive  dollars  per  month  each,  payable  monthly, 
out  of  the  city  and  county  treasury,  and  out  of  the  special  fee  fund,  after  being 
first  allowed  and  audited  as  other  demands  are  by  law  required  to  be  audited  and 
allowed.  One  of  said  deputies  shall  remain  in  attendance  during  the  sessions 
of  said  court,  and  at  such  other  times  as  the  said  court  or  the  presiding  justice 
thereof  may  order  and  direct,  for  the  purpose  of  attending  to  such  duties  as 
may  be  imposed  on  said  sheriff  or  said  deputies,  as  herein  provided  or  required  by 
law.  The  said  sheriff  shall  be  liable  on  his  official  bond  for  the  faithful  per- 
formance of  all  duties  required  of  him  or  any  of  his  said  deputies. 

§  218.  All  actions,  suits,  and  proceedings  in  such  city,  or  city  and  county, 
whereof  justices  of  the  peace  or  justices'  courts  have  jurisdiction,  except  those 
cases  of  concurrent  jurisdiction  that  may  be  commenced  in  some  other  court, 

shall  be  entitled:    "In  the  justices'  court  of  the  city  of (or  the  city  and 

county  of  ),"   (inserting  the  name  of  the  city,  or  city  and  county),  and 

commenced  and  prosecuted  in  said  justices'  court,  which  shall  be  always  open. 
The  original  process  shall  be  returnable,  and  the  parties  summoned  required  to 
appear,  before  the  presiding  justice,  or  before  one  of  the  other  justices  of  the 
peace,  to  be  designated  by  the  presiding  justice  at  his  office ;  but  all  complaints, 
answers,  and  other  pleadings  and  papers  required  to  be  filed,  shall  be  filed  and  a 
record  of  all  such  actions,  suits,  and  proceedings  made  and  kept  in  the  clerk's 
office  aforesaid;  and  the  presiding  justice,  and  each  of  the  other  justices,  shall 
have  power,  jurisdiction,  and  authority  to  hear,  try,  and  determine  any  action, 
suit  or  proceeding  so  commenced,  and  which  shall  have  been  made  returnable 
before  him,  or  may  be  assigned  or  transferred  to  him,  or  any  motion,  application, 
or  issue  therein  (subject  to  the  constitutional  right  of  trial  by  jury),  and  to 
make  any  necessary  and  proper  orders  therein. 

§  219.  In  case  of  sickness,  or  disability,  or  absence  of  a  ju.stice  of  the  peace 
(on  the  return  of  a  summons,  or  at  the  time  appointed  for  trial)  to  whom 
a  cause  has  been  assigned,  the  presiding  justice  shall  reassign  the  cause  to  some 
other  justice,  who  shall  proceed  with  the  trial  and  disposition  of  said  caiise  in  the 


MUNICIPAL,    CORPORATIONS— JURISDICTION    OF    JUSTICES'    COURTS.  813 

same  manner  as  if  originally  assigned  to  him ;  and  if,  at  any  time  before  the  trial 
of  a  cause  or  matter  returnable  or  pending  before  any  of  said  justices  either 
party  shall  object  to  having  the  cause  or  matter  tried  before  said  justice  on  the 
ground  that  such  justice  is  a  material  witness  for  either  party,  or  on  the  ground 
of  the  interest,  prejudice,  or  bias  of  such  justice,  and  such  objection  be  made  to 
appear  in  the  manner  prescribed  by  section  eight  hundred  and  thirty-three  of  the 
Code  of  Civil  Procedure,  the  said  justice  shall  suspend  proceedings,  and  the  pre- 
siding justice,  on  motion  and  production  before  him  of  the  affidavit  and  proofs, 
shall  order  the  transfer  of  the  cause  or  matter  for  trial  before  some  other  justice, 
to  be  designated  by  him.  The  presiding  justice  may,  in  like  manner,  assign  or 
transfer  any  contested  motion,  application,  or  issue  in  law,  arising  in  any  cause, 
returnable  or  pending  before  him  or  any  other  justice,  to  some  other  justice, 
and  the  said  justice  to  whom  any  cause,  matter,  motion,  application,  or  issue  shall 
be  so  as  aforesaid  assigned  or  transferred,  shall  have  power,  jurisdiction,  and 
authority  to  hear,  try,  and  determine  the  same  accordingly. 

§  220.  Cases  which,  by  the  provisions  of  law,  are  required  to  be  certified  to 
the  superior  court,  by  reason  of  involving  the  question  of  title  or  possession  of 
real  property,  or  the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal 
fine,  shall  be  so  certified  by  the  presiding  justice  and  justices'  clerk;  and  for 
that  purpose,  if  such  question  shall  arise  on  the  trial  while  the  case  is  pending 
before  one  of  the  other  justices,  such  justice  shall  certify  the  same  to  the  pre- 
siding justice.  All  abstracts  and  transcripts  of  judgments  and  proceedings  in 
said  court,  or  in  any  of  the  dockets  or  registers  of  or  deposited  in  said  court, 
shall  be  given  and  certified  from  any  of  such  dockets  or  registers  and  signed  by 
the  presiding  justice  and  clerk,  and  shall  have  the  same  force  and  efi:'ect  as 
abstracts  and  transcripts  of  justices  of  the  peace  in  other  cases.  Appeals  from 
judgments  rendered  in  said  court  shall  be  taken  and  perfected  in  the  manner 
prescribed  by  law,  and  the  notice  of  appeal  and  air  papers  required  to  be  filed 
to  perfect  it  shall  be  filed  with  the  justices'  clerk.  Statements  on  appeal  shall 
be  settled  by  the  justice  who  tried  the  cause.  Sureties  on  appeal,  or  on  any  bond 
or  undertaking  given  in  any  cause  or  proceeding  in  said  court,  when  required  to 
justify,  may  justify  before  any  one  of  the  justices. 

§  221,  The  jurisdiction  of  the  justices'  court  of  such  city,  or  city  and  county, 
extends  to  the  limits  of  the  city,  or  city  and  county,  and  its  process  may  be  served 
in  any  part  thereof. 

§  222.  The  presiding  justice,  whenever  in  his  judgment  the  prompt  dispatch 
of  business  shall  demand  it,  may  require  the  aid  of  one  of  the  justices  of  the 
peace  in  the  discharge  either  of  his  own  duties  or  those  of  the  justices'  clerk  (the 
collection  of  fees,  accounting  for,  and  paying  the  same  into  the  treasury  ex- 
cepted), and  each  of  the  justices,  when  so  required,  shall,  for  the  purpose,  have 
the  same  power  and  authority  as  the  presiding  justice  or  clerk  in  whose  aid  he 
shall  act ;  and  any  one  of  the  justices,  when  required  as  aforesaid,  may  act  as  a 
justices'  clerk  pro  tempore  during  the  temporary  absence  or  disability  of  such 
clerk,  with  the  same  powers,  duties,  and  responsibilities. 

§  223.  In  a  suitable  book,  strongly  bound,  the  justices'  clerk  shall  keep  a  per- 
manent record  of  all  actions,  proceedings,  and  judgments  commenced,  had,  or 
rendered  in  said  justices'  court,  which  book  shall  be  a  public  record,  and  be  known 


814  MUNICIPAL    CORPORATIONS— PROCEEDINGS    IN    JUSTICES'    COURTS. 

as  the  "Justices'  Docket,"  in  which  docket  the  clerk  shall  make  the  same  entries 
as  are  provided  for  in  section  nine  hundred  and  eleven  of  the  Code  of  Civil  Pro- 
cedure, and  which  said  docket  and  entries  therein  shall  have  the  same  force  and 
effect  as  is  provided  by  law  in  reference  to  dockets  of  justices  of  the  peace.  To 
enable  the  clerk  to  make  up  such  docket,  each  of  the  justices  shall  keep  minutes 
of  his  proceedings  in  every  cause  returnable  before,  or  assigned  or  transferred 
to,  him  for  trial  or  hearing;  and  upon  judgment,  or  other  disposition  of  a  cause, 
such  justice  shall  immediately  certify  and  return  the  said  minutes,  together  with 
all  pleadings  and  papers  in  said  cause,  to  the  clerk's  office,  who  shall  immediately 
thereupon  file  the  same,  and  make  the  proper  entries  under  the  title  of  the  action 
in  the  docket  aforesaid. 

§  224.  The  justices'  court  and  the  justices  of  the  peace  of  every  such  city 
and  county  shall  be  governed  in  their  proceedings  by  the  provisions  of  law 
regulating  proceedings  before  justices  of  the  peace,  so  far  as  such  provisions 
are  not  altered  or  modified  in  this  chapter,  and  the  same  are  or  can  be  made 
applicable  in  the  several  cases  arising  before  them.  The  justices'  court  of 
such  city,  or  city  and  county,  shall  have  power  to  make  rules,  not  inconsistent 
with  the  constitution  and  laws,  for  the  government  of  such  justices'  court 
and  the  officers  thereof;  but  such  rules  shall  not  be  in  force  until  thirty  days 
after  their  publication;  and  no  rule  shall  be  made  imposing  any  tax  or 
charge  on  any  legal  proceeding,  or  giving  any  allowance  to  any  justice  of 
officer  for  services. 

§  225.  All  actions  and  proceedings  pending  and  undetermined  before  the 
justices'  court  of  such  city.  Or  city  and  county,  if  any,  at  the  time  of  its 
organization  under  this  act,  shall  be  proceeded  in,  heard,  and  determined 
before  the  court  herein  provided  for,  and  execution  shall  be  issued  thereon, 
and  other  proceedings  had  therein,  whether  before  or  after  judgment,  whether 
on  appeal  or  otherwise;  and  the  court  provided  for  under  this  act  shall  be 
deemed  to  be  a  continuation  of  the  same  court  before  existing,  and  not  a  new 
court. 

§  226.  It  shall  not  be  lawful  for  any  justice  of  the  peace,  the  justices'  clerk, 
or  the  sheriff,  or  any  of  his  deputies,  of  such  city,  or  city  and  county,  to 
appear  or  advocate,  or  in  any  manner  act  as  attorney,  counsel,  or  agent  for 
any  party  or  person  in  any  cause,  or  in  relation  to  any  demand,  account,  or 
claim,  pending,  or  to  be  sued  or  prosecuted  before  said  justices,  or  any  of  them, 
or  which  may  be  within  their  jurisdiction.  A  violation  of  the  provisions  of 
this  section  shall  be  deemed  a  misdemeanor  in  office. 

§  227.  No  person  other  than  an  attorney  at  law,  duly  admitted  and  licensed 
to  practice  in  courts  of  record,  shall  be  permitted  to  appear  as  attorney  or 
agent  for  any  party  in  any  cause  or  proceeding  before  said  justices,  or  any 
of  them,  unless  he  produce  a  sufficient  power  of  attorney  to  that  effect,  duly 
executed  and  acknowledged  before  one  of  said  justices,  or  before  some  other 
officer  authorized  by  law  to  take  acknowledgment  of  deeds;  which  power 
of  attorney,  or  a  true  copy  thereof,  dnly  certified  by  one  of  the  justices  afore- 
said (who,  on  inspection  of  the  original,  shall  attest  to  its  genuineness),  shall 
be  filed  among  the  papers  in  such  cause  or  proceeding. 

§  228.    If,  at  the  time  of  the  organization  of  any  such  city,  or  city  and 


MUNICIPAL  CORPORATIOXS— POLICE  COURT— POWER  AND  JURISDICTION.       815 

county,  imder  this  act,  there  shall  not  be  the  complement  of  justices  of  the 
peace  provided  for  in  this  chapter,  the  municipal  council  of  such  city,  or  city 
and  county,  shall  appoint  a  suitable  person  or  persons  to  fill  such  complement 
and  the  person  or  persons  so  appointed  shall  hold  office  from  his  or  their 
appointment,  and  until  his  or  their  successor  or  successors  is  or  are  elected 
or  appointed  and  qualified. 

§  229.  The  judicial  power  of  such  city,  or  city  and  county,  shall  be  vested 
in  a  "police  court,"  to  be  held  therein  by  the  police  judges.  The  police  court 
shall  not  be  a  court  of  record.  Said  court  shall  have  a  seal.  The  judges  of 
said  court  may  hold  as  many  sessions  of  said  court  at  the  same  time  as  there 
are  judges  thereof.  There  shall  be  two  departments  of  said  court,  denomi- 
nated, respectively,  department  one  and  department  two.  The  court  may 
sit  in  departments,  and  shall  be  always  open  for  the  transaction  of  business. 
There  shall  be,  as  far  as  practicable,  an  equal  distribution  of  cases  between 
the  said  departments,  which  cases  shall  be  alternately  set  down  for  trial  to 
each  department  in  the  order  in  which  the  warrants  are  issued  or  proceedings 
brought  before  the  court.  Said  judges  shall,  as  soon  as  may  be  after 
the  commencement  of  the  terms  of  their  office,  classify  themselves  by  lot 
for  assignment  to  said  departments,  and  shall  be  thereby  assigned  accord- 
ingly. 

§  230.  All  the  power  and  jurisdiction  of  said  court  shall  be  enjoyed  and 
may  be  exercised  in  bank,  or  in  either  department  thereof.  All  the  powers 
of  said  judges  may  be  exercised  by  either  of  them. 

§  231.  The  police  court  of  such  city,  or  city  and  county,  shall  have  juris- 
diction : 

1.  Of  an  action  or  proceeding  for  the  violation  of  any  ordinance  of  such 
city,  or  city  and  county; 

2.  Of  proceedings  respecting  vagrants  and  disorderly  persons. 

§  232.  The  police  court  shall  have  jurisdiction  of  the  following  public 
offenses  committed  in  such  city,  or  city  and  county : 

1.  Petit  larceny;  receiving  stolen  property,  when  the  amount  involved  does 
not  exceed  fifty  dollars; 

2.  Assault  and  battery,  not  charged  to  have  been  committed  upon  a  public 
officer  in  the  discharge  of  his  duties  or  with  intent  to  kill ; 

3.  Breaches  of  the  peace,  riots,  affrays,  committing  wilful  injury  to  prop- 
erty, and  of  all  misdemeanors  punishable  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  by  imprisonment  not  exceeding  one  year,  or  by  both  such  fine 
and  imprisonment; 

4.  Said  court  or  judges  shall  have  jurisdiction  of  proceedings  for  security 
to  keep  the  peace :  and  also,  throughout  such  city  and  county,  the  same  powers 
and  jurisdiction,  in  other  criminal  actions,  cases,  prosecutions,  and  proceed- 
ings as  are  now  or  hereafter  may  be  conferred  by  law  upon  police  or  justices' 
courts. 

§  233.  The  judges  of  said  court  shall  have  power  to  hear  cases  for  exam- 
inations, and  may  commit  and  hold  the  offender  to  bail  for  trial  in  the 
Superior  court,  and  may  try,  condemn,  or  acquit,  and  carry  their  judgment 
into  execution,  as  the  case  may  require  according  to  law,  and  shall  have  power 


Bl«  MUNICIPAL    CORPORATIONS— POLICE    COURTS— COMMITMENTS,    ETC. 

to  issue  warrants  of  arrest,  subpoenas,  and  all  other  process  necessary  to  the 
full  and  proper  exercise  of  their  power  and  jurisdiction. 

§  234.  Said  court  or  judges  shall  also  have  power  to  commit  to  the  home 
for  the  care  of  the  inebriate,  when  any  such  institute  may  be  established,  any 
person  who  may  be  convicted  before  them  of  habitual  intemperance,  for  a 
term  not  exceeding  six  months,  or  until  sooner  released  by  order  of  the  police 
judges,  or  by  the  board  of  managers  of  such  institution  by  a  two-thirds  vote 
of  all  the  members  of  said  board. 

§  235.  The  said  court  or  judges  shall  have  the  power  to  commit  all  offenders 
duly  convicted,  under  eighteen  years  of  age,  to  the  industrial  school  of  said 
city  and  county,  in  all  cases  where  such  commitment  shall  by  said  court 
or  judge  be  deemed  to  be  more  suitable  than  the  punishment  otherwise  pro- 
vided by  law,  not  to  exceed  six  months.  If,  upon  any  trial,  it  shall  appear  that 
the  person  on  trial  is  under  fourteen  years  of  age,  and  has  done  an  act  which 
if  done  by  a  person  of  full  age  would  warrant  a  conviction  of  the  crime  of 
misdemeanor  charged,  then  and  in  that  case  said  court  or  judges  shall  have 
power  to  commit  such  child  to  the  industrial  school.  In  either  case  said 
court  or  judges  may  sentence  such  person  to  be  confined  in  the  correctional 
department  of  said  industrial  school  for  any  terra  not  exceeding  six  months. 
Upon  application  of  the  mayor,  or  any  member  of  the  supervisors,  or  of  any 
three  citizens,  charging  that  any  child  under  eighteen  years  of  age  lives  an 
idle,  or  dissolute  life,  and  that  his  parents  are  dead,  or,  if  living,  do,  from 
drunkenness  or  other  vices  or  causes,  neglect  to  provide  any  suitable  employ- 
ment, or  exercise  salutary  control  over  such  child,  the  said  court  or  judges 
shall  have  power  to  examine  the  matter,  and  upon  being  satisfied  of  the 
truth  of  such  charges,  may  sentence  such  child  to  the  industrial  school;  pro- 
vided, that  no  person  shall  be  so  sentenced  for  a  longer  period  than  until  he 
arrive  at  the  age  of  eighteen  years. 

§  236.  In  cases  where,  for  any  offense,  the  said  court  is  or  judges  are  author- 
ized to  impose  a  fine,  or  imprisonment  in  the  county  jail,  or  both,  it  or  they 
may  instead  sentence  the  oft'ender  to  be  employed  at  labor  on  the  public 
works,  or  in  the  house  of  correction  or  workhouse  as  the  supervisors  may 
prescribe,  for  a  period  of  time  equal  to  the  term  of  imprisonment  which  might 
legally  be  imposed,  and  may,  in  case  a  fine  is  imposed,  embrace  as  a  part  of 
the  sentoTiee  that  in  default  of  payment  thereof  the  offender  shall  be  obliged 
to  labor  on  said  works,  at  said  house  of  correction  or  workhouse,  or  else- 
where, at  the  rate  of  one  dollar  a  day,  till  the  fine  imposed  is  satisfied;  pro- 
vided, that  no  person  imder  the  age  of  twenty-one  years,  or  who  is  to  be 
sentenced,  on  conviction  for  drunkenness  or  breach  of  the  peace,  shall  be 
sentenced  to  labor  upon  the  public  works  away  from  the  house  of  correction 
or  workhouse. 

§  237.  The  said  court  and  judges  may  punish  contempts  in  the  same  manner 
and  to  the  same  extent  as  superior  courts,  and  the  laws  concerning  contempts 
applicable  to  superior  courts  shall  be  applicable  to  said  police  court  and 
judges. 

§  238.  The  county  clerk  shall  keep  a  record  of  the  proceedings  of  the  polic* 
court,  issue  all  process  ordered  by  said  court,  and  shall  render  to  the  auditor. 


MUNICIPAL    CORPORATIONS — CLERK    OF    POLICE    COURT— DUTIES.  SIT 

monthly,  and  before  any  amount  can  be  paid  to  him  on  account  of  his  salary, 
an  exact  and  detailed  account,  upon  oath,  of  all  fines  imposed,  and  all  bail 
forfeited,  and  moneys  collected,  as  clerk  of  said  court,  since  his  last  account 
rendered.  He  shall  prepare  bonds,  justify  and  accept  bail,  when  the  amount 
has  been  fixed  by  the  police  judges,  in  cases  not  exceeding  one  thousand  dol- 
lars, and  he  shall  fix,  justify,  and  accept  bail  after  arrest,  in  the  absence  of 
the  police  judges,  in  all  cases  not  amounting  to  a  felony,  in  the  same  manner 
and  with  the  like  effect  as  if  the  same  had  been  fixed  by  the  police  judges  or 
police  court.  The  county  clerk  shall  appoint  three  deputy  clerks,  who  shall 
act  as  deputy  clerks  of  said  police  court.  The  clerk  and  the  deputy  clerks  in 
this  section  mentioned  shall  have  authority  to  administer  oaths  and  affirma- 
tions, and  take  and  certify  affidavits  in  any  proceeding  in  said  police  court, 
in  and  for  said  city  and  county,  and  to  issue  subpoenas. 

§  239.  The  police  judges  and  the  deputy  clerks  shall  attend  at  the  court- 
rooms of  said  court  for  the  dispatch  of  business  daily,  from  the  hour  of  nine 
o'clock  a.  m.  until  five  o'clock  p.  m.,  and  during  such  other  reasonable  hours 
as  may  be  necessary  for  the  discharge  of  their  respective  duties,  except  on 
legal  holidays. 

§  240.  The  county  clerk,  as  clerk  of  the  police  court,  shall  pay  to  the 
treasurer  of  said  city  and  county,  immediately,  all  fines  collected  and  bail 
forfeited,  accompanied  by  a  verified  written  statement  showing  from  whom 
each  fine  was  collected,  when  collected,  in  what  case,  specifying  the  offense, 
and  in  what  amount,  and  in  what  case  and  by  whom  such  bail  was  forfeited. 
He  shall  immediately  upon  the  forfeiting  of  any  bail  bond  in  the  police  court, 
transmit  to  the  district  attorney  a  copy  of  such  bail  bond,  duly  certified  by 
him  under  the  seal  of  that  court  to  be  a  true  copy,  stating  in  such  certificate 
the  fact  of  such  forfeiture,  and  the  date  thereof. 

§  241.  Any  justice  of  the  peace  of  the  said  city  and  county  who  may  be 
designated,  in  writing,  by  the  mayor  for  the  purpose,  shall  have  power  to 
preside  in  and  hold  the  police  court  of  said  city  and  county,  or  any  depart- 
ment thereof,  in  the  event  of  the  temporary  absence  of  the  police  judges,  or 
either  of  them,  or  of  their  inability  to  act  from  any  cause;  and  during  such 
temporary  absence  or  disability  the  justice  so  designated  shall  act  as  police 
judge,  and  shall  have  and  exercise  all  the  powers,  jurisdiction,  and  authority 
which  are  or  may  be  by  law  conferred  upon  said  court  or  judges. 

§  242.  It  shall  be  the  duty  of  the  assistant  district  attorneys,  acting  in  the 
police  court,  or  either  and  each  of  them,  whenever  they  shall  have  been 
credibly  informed  that  any  person  criminally  injured  by  another  is  likely  to 
die,  to  take  the  dying  statement  of  such  person,  and  to  immediately  reduce 
the  same  to  writing.  It  is  also  hereby  made  the  duty  of  attending  physicians, 
and  others  knowing  of  such  cases,  to  report  the  same  immediately  to  such 
assistant  district  attorneys. 

§  243.  No  person  shall  be  permitted  to  act  as  attorney  or  counsel  before 
the  police  court  or  the  police  judges,  unless  he  shall  be  an  attorney  and  coun- 
selor admitted  to  practice  in  the  supreme  court  of  this  state. 

§  244.  The  chief  of  police  shall  designate  two  or  more  policemen,  who  shall 
attend  constantly  upon  the  police  court,  act  as  bailiffs  therein,  and  execute 
the  orders  and  process  of  said  court  and  the  judges  thereof. 

Gen.   Laws — 52 


818  MUNICIPAL.  CORPORATIONS— BOARD    OF   EDUCATION— ELECTION. 

§245.  The  police  judge's  court  and  the  police  judge's  court  number  two 
of  said  city  and  county,  and  the  offices  of  the  judges  thereof,  shall  be  abol- 
ished at  twelve  o'clock  noon,  of  the  first  Monday  after  the  first  day  of  Jan- 
uary, in  the  year  eighteen  hundred  and  eighty-five,  and  at  that  time  ail  records, 
registers,  dockets,  books,  papers,  actions,  warrants,  judgments,  and  proceed- 
ings lodged,  deposited,  or  pending  before  the  said  last-mentioned  courts,  or 
the  judges  thereof,  shall  be  by  force  hereof  transferred  to  said  police  court, 
which  police  court  and  the  police  judges  herein  provided  for  shall  have  the 
same  power  and  jurisdiction  over  them  as  if  they  had  been  in  the  first  instance 
lodged,  deposited,  or  commenced  in  said  police  court,  or  before  the  judges 
last  aforesaid;  but  nothing  herein  contained  shall  affect  any  judgment  ren- 
dered or  proceeding  had  before  that  time  in  said  police  judge's  court  or  said 
police  judge's  court  number  two,  or  before  the  judges  thereof,  or  either  of 
them. 

§  246,  There  shall  be  appointed  by  the  judges  of  the  superior  court  of  such 
city  and  county  five  competent  persons  deputies  to  act  as  interpreters  and 
translators  of  the  following  languages:  French,  German,  Italian,  Spanish, 
Portuguese,  Chinese,  and  Slavonian.  The  said  deputies  shall  each  receive  a 
salary  of  one  thousand  two  hundred  dollars  per  annum,  which  shall  be  paid 
in  the  same  manner  as  the  salaries  of  other  officers  are  paid.  It  shall  be  the 
duty  of  each  of  said  deputies  to  attend  in  all  the  courts  in  and  for  such  city 
and  county,  when  required  by  any  of  the  judges  thereof,  without  further  com- 
pensation than  the  salaries  above  provided. 

ARTICLE   VI. — EDUCATIONAL  DEPARTMENT. 

§  247.  There  shall  be  a  board  of  education  for  such  city,  or  city  and 
county,  which  shall  be  composed  of  twelve  school  directors,  elected  as  pro- 
vided in  this  chapter,  who  shall  hold  office  for  two  years,  and  until  their 
successors  are  elected  and  qualified.  They  shall  have  the  same  qualifications 
as  to  eligibility  requisite  for  members  of  the  board  of  aldermen.  Said 
board  shall  organize  immediately  after  the  election  and  qualification  of  its 
members,  by  electing  a  president  from  among  the  directors  elected,  and 
annually  thereafter,  and  shall  hold  meetings  monthly,  and  at  such  times  as 
the  board  shall  determine.  A  majority  of  all  the  members  elected  shall  con- 
stitute a  quorum  to  transact  business,  but  a  smaller  number  may  adjourn  from 
time  to  time.  The  board  may  determine  the  rules  of  its  proceedings.  Its 
sessions  shall  be  public,  and  its  record  shall  be  open  to  public  inspection. 

§  248.  There  shall  be  elected  by  the  qualified  voters  of  such  city  and  county, 
at  the  general  state  election,  a  superintendent  of  schools,  who  shall  take  office 
on  the  first  Monday  after  the  first  day  of  January  next  following  his  election, 
and  hold  office  for  the  term  of  four  years,  and  until  his  successor  is  elected  and 
qualified.     He  shall  perform  such  duties  as  are  prescribed  by  law. 

§  249.     The  board  of  education  shall  have  power : 

1.  To  establish  school  districts,  and  to  fix  and  alter  the  boundaries  thereof. 

2.  To  maintain  public  schools  as  organized  at  the  time  of  the  organization 
of  such  city,  or  city  and  county,  under  this  act,  and  to  consolidate  and  dis- 
continue the  same  as  the  public  good  may  require. 

3.  To  establish  high,  normal,  and  experimental  schools  for  the  education  of 
teachers. 


MUNICIPAL.    CORPORATIONS — BOARD    OF    EDUCATION — DUTIES    OF.  818 

4.  To  employ  and  pay  and  to  dismiss  teachers,  janitors,  school  census  mar- 
shals, and  such  mechanics  and  laborers,  and  such  other  persons  as  may  be 
necessary  to  carry  into  effect  the  powers  and  duties  of  the  board,  and  unless 
otherwise  provided  by  law,  to  fix,  alter,  and  allow  paid  their  salaries  and 
compensations,  and  to  withhold,  for  good  and  sufficient  cause,  the  whole  or 
any  part  of  the  salary  or  wages  of  any  person  or  persons  employed  as  afore- 
said. 

5.  Also  to  make  and  establish  and  enforce  all  necessary  and  proper  rules 
and  regulations  for  the  government  and  efficiency  of  the  schools,  teachers, 
and  pupils,  and  for  the  carrying  into  effect  of  the  school  system ;  and  to  estab- 
lish and  regulate,  and  grade  the  schools,  the  course  of  studies  and  mode  of 
instruction  therein ;  to  investigate  all  charges  of  misconduct  on  the  part  of 
teachers  and  other  employees  of  the  board ;  to  administer  oaths  and  take  testi- 
mony; to  summon  and  enforce  the  attendance  of  and  examine  witnesses  for 
such  purpose  before  the  board,  or  a  member  or  committee  thereof.  Any  per- 
son summoned  and  refusing  to  attend  and  testify  shall  be  deemed  guilty  of 
a  misdemeanor;  and  any  person  testifying  falsely  shall  be  guilty  of  perjury, 
and  on  conviction  punished  accordingly. 

6.  To  provide  for  the  school  department  of  such  city,  or  city  and  county, 
fuel,  lights,  blanks,  blank-books,  books,  printing,  and  stationery,  and  such 
other  articles,  materials,  or  supplies  as  may  be  necessary  and  appropriate  for 
use  in  the  schools,  or  in  the  office  of  the  superintendent. 

7.  To  build,  alter,  repair,  rent,  and  provide  school-houses,  and  furnish  them 
with  proper  school  furniture,  apparatus,  and  appliances,  and  to  insure  any 
and  all  school  property,  and  to  use  and  control  such  buildings  as  may  be  neces- 
sary for  the  uses  of  the  board  and  its  committees. 

8.  To  receive,  purchase,  lease,  and  hold  in  fee  in  trust  for  such  city,  or  city 
and  county,  any  and  all  real  estate  and  personal  property  that  may  have  been 
or  which  hereafter  may  be  acquired  for  the  use  and  benefit  of  the  schools  of 
such  city,  or  city  and  county. 

9.  To  grade,  fence,  and  improve  school  lots,  and  in  front  thereof. 

10.  To  sue  for  any  and  all  lots,  lands,  and  property  belonging  to  or  claimed 
by  the  school  department  of  such  city,  or  city  and  county,  and  to  prosecute 
and  defend  all  actions  at  law  or  in  equity  necessary  to  recover  the  full  enjoy- 
ment and  possession  of  said  lots,  lands,  and  property,  and  to  require  the 
services  of  the  city,  or  city  and  county,  attorney  in  all  such  suits  and  pro- 
ceedings. 

11.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all 
moneys  belonging  to  the  school  department,  or  to  the  public  school  fund,  and 
to  make  rules  and  regulations  to  secure  economy  and  accountability  in  the 
expenditure  of  school  money. 

12.  To  discharge  all  legal  encumbrances  existing  upon  any  school  property; 
to  dispose  of  and  sell  such  personal  property  used  in  the  schools  as  shall  no 
longer  be  required,  and  all  moneys  realized  by  such  sales  shall  be  paid  into 
the  city  treasury  to  the  credit  of  the  public  school  fund. 

13.  To  lease,  for  the  benefit  of  the  public  school  fund,  for  a  term  not  exceed- 
ing five  years,  any  unoccupied  property  of  the  school  department  not  required 
for  school  purposes ;  to  prohibit  any  child  under  six  years  of  age  from  attend- 


820  MUNICIPAL.    CORPORATIONS— BOARD    OF    EDUCATION— DUTIES    OF. 

ing  the  schools;  and  generally  to  do  and  perform  such  other  acts  as  may  be 
necessary  and  proper  to  carry  into  force  and  effect  the  powers  conferred  on 
said  board. 

§  250.  The  president  of  the  board  of  education,  the  superintendent,  and 
the  secretary  shall  have  power  to  administer  oaths  or  affirmations  concerning 
any  demands  upon  the  treasury  payable  out  of  the  public  school  fund,  or  other 
matters  relating  to  their  official  duties  or  the  school  department. 

§  251.  It  shall  be  the  duty  of  each  director  to  make  quarterly  reports  to  the 
board  of  the  condition  of  the  schools  in  their  respective  districts. 

§  252.  It  shall  be  the  duty  of  the  board  of  education  to  furnish  all  neces- 
sary supplies  for  the  public  schools.  All  supplies,  books,  stationery,  fuel, 
printing,  goods,  material,  building,  repairs,  merchandise,  and  every  other 
article  and  thing  supplied  to  or  done  for  the  public  schools,  or  any  of  them, 
when  the  expenditure  to  be  incurred  is  likely  to  exceed  two  hundred  dollars, 
shall  be  done  by  contract,  let  to  the  lowest  responsible  bidder,  after  advertise- 
ment by  the  superintendent  of  schools ;  and  the  contract  shall  be  entered  into 
by  the  superintendent  with  the  party  to  whom  the  contract  is  awarded;  and 
the  superintendent  shall  take  care  that  such  contract  is  carried  out  in  strict 
accordance  with  the  terms  thereof. 

§  253.  All  bids  or  proposals  made  under  the  preceding  section  shall  be 
delivered  to  the  superintendent  of  schools,  and  said  board  shall,  in  open  ses- 
sion, open,  examine,  and  publicly  declare  the  same,  and  award  the  contract 
to  the  lowest  responsible  bidder;  provided,  said  board  may  reject  any  and 
all  bids,  should  they  deem  it  for  the  public  good,  and  also  the  bid  of  any 
party  who  may  be  proved  delinquent  or  unfaithful  in  any  former  contract  with 
such  city  and  county,  or  said  board,  and  cause  a  republication  of  the  notice 
for  proposals  as  above  specified.     Any  person  may  bid  for  any  one  article. 

§  254.  Any  school  director,  officer,  or  other  person  officially  connected  with 
the  school  department,  or  drawing  a  salary  from  the  board  of  education,  who 
shall,  while  in  office,  or  so  connected,  or  drawing  salary,  be  interested,  either 
directly  or  indirectly,  in,  or  who  shall  gain  any  benefit  or  advantage  from 
any  contract  payments  under  which  are  to  be  made  in  whole  or  in  part  of 
the  moneys  derived  from  the  school  fund,  or  raised  by  taxation  or  otherwise 
for  the  support  of  the  public  schools,  shall  be  deemed  guilty  of  felony,  and  on 
conviction,  punished  accordingly ;  and  this  provision  shall  not  be  construed  to 
relieve  such  persons  from  any  other  penalty,  but  shall  be  deemed  cumulative 
to  and  with  other  penalties  and  disabilities  as  to  such  acts  and  offenses. 

§  255.  The  board  shall  make  and  transmit,  between  the  fifteenth  day  of 
January  and  the  first  day  of  February  of  each  year,  to  the  state  superintendent 
of  public  instruction,  and  to  the  mayor  and  municipal  council  of  such  city,  or 
city  and  county,  a  report,  in  writing,  stating  the  whole  number  of  public 
schools  within  the  jurisdiction,  the  length  of  time  they  have  been  kept  open, 
the  number  of  pupils  taught  in  each  school,  the  whole  amount  of  money  drawn 
from  the  treasury  by  the  department  during  the  year,  distinguishing  the 
amounts  drawn  from  the  general  fund  of  the  state  from  all  other,  and  from 
what  sources,  and  the  manner  and  purpose  in  which  such  money  has  been 
expended,  with  particulars,  and  such  other  information  as  may  be  required 
from  them  by  the-  state  superintendent,  the  municipal  council,  or  the  mayor. 


MUNICIPAL.    CORPORATIONS — SUPERINTENDENT    OF    SCHOOLS— DUTY.  «21 

§  256.  The  board  shall  provide  evening  schools,  to  be  held  in  the  public 
school-houses,  for  the  benefit  of  those  unable  to  attend  the  day  schools.  They 
shall  make  and  enforce  regulations  requiring  the  teachers  to  keep  records  of 
the  names,  ages,  and  residences  of  all  pupils,  and  the  names  and  residences  of 
their  parents,  and  the  aggregate  attendance  of  each  pupil  during  the  year,  and 
to  verify  and  report  the  same  on  the  thirty-first  day  of  December  to  the  board ; 
and  such  other  rules  and  regulations  for  the  purpose  of  ascertaining  the 
attendance  and  efficiency  of  the  department  and  progress  of  education. 

§  257.  The  superintendent  of  schools  shall  be  ex  officio  member  of  the  board 
of  education,  without  the  right  to  vote. 

§  258.  Said  superintendent  shall  appoint  a  clerk,  subject  to  the  approval 
of  the  board  of  education,  who  shall  act  as  secretary  of  said  board.  His  salary 
shall  be  two  hundred  dollars  a  month.  Said  clerk  may  be  removed  at  the 
pleasure  of  the  superintendent,  and  shall  perform  such  duties  as  shall  be 
required  of  him  by  the  board  or  the  superintendent. 

§  259.  The  superintendent  shall  report  to  the  board  annually,  on  or  before 
the  first  day  of  August,  and  at  such  other  time  as  the  board  may  require,  all 
matters  pertaining  to  the  expenditures,  income,  condition,  and  progress  of  the 
public  schools  of  such  city,  or  city  and  county,  during  the  preceding  fiscal  year, 
with  such  recommendations  as  he  may  deem  proper.  He  shall  observe  and 
cause  to  be  observed,  such  general  rules  for  the  regulation,  government,  and 
instruction  of  the  schools,  not  inconsistent  with  the  laws  of  the  state,  as  may 
be  established  by  the  board.  He  shall  attend  the  sessions  of  the  board,  and 
inform  himself,  at  each  session,  of  the  condition  of  schools,  school-houses, 
school  funds,  and  other  matters  connected  therewith,  and  to  recommend  such 
measures  as  he  may  deem  necessary  for  the  advancement  of  education  in  such 
city,  or  city  and  county.  He  shall  acquaint  himself  with  all  the  laws,  rules, 
and  regulations  governing  the  public  schools  in  such  city,  or  city  and  county, 
and  the  judicial  decisions  thereon,  and  give  advice  on  subjects  connected  with 
the  public  schools  gratuitously  to  officers,  teachers,  pupils,  and  their  parents 
and  guardians. 

§  260.  The  superintendent  of  schools  shall  visit  and  examine  the  schools, 
and  see  that  they  are  efficiently  conducted,  and  that  the  laws  and  regulations 
of  the  board  are  enforced  in  all  things,  and  that  no  religious  or  sectarian  books 
or  teachings  are  allowed  in  the  schools,  and  to  report  monthly  to  the  board. 
He  shall  also  report  to  the  state  superintendent  at  such  times  as  such  officer 
shall  require. 

§  261.  Any  vacancy  in  the  office  of  school  director  shall  be  filled  for  the 
remainder  of  the  term  by  a  person  to  be  appointed  by  the  board  of  aldermen. 

§  262.  In  case  of  a  vacancy  in  the  office  of  superintendent,  the  board  of 
aldermen  may  appoint  a  person  to  fill  the  vacancy  until  the  next  regular  election, 
when  the  office  shall  be  filled  by  the  people. 

§  263.  The  school  fund  of  such  city,  or  city  and  countj^  shall  consist  of  all 
moneys  received  from  the  state  school  fund ;  of  all  moneys  arising  from  taxes 
which  shall  be  levied  annually  by  the  municipal  council  of  such  city,  or  city 
and  county,  for  school  purposes;  of  all  moneys  arising  from  sale,  rent,  or 
exchange  of  any  school  property,  and  of  such  other  moneys  as  may,  from  any 


822  MUNICIPAL    CORPORATIONS— SCHOOL,    FUND— FOR    WHAT    USED. 

source  whatever,  be  paid  into  said  school  fund.  Said  fund  shall  be  kept  in 
the  city,  or  city  and  county,  treasury,  separate  and  distinct  from  all  other 
moneys,  and  shall  only  be  used  for  school  purposes  under  the  provisions  of 
this  chapter.  No  fees  or  commissions  shall  be  allowed  or  paid  for  assessing, 
collecting,  keeping,  or  disbursing  any  school  moneys ;  and  if  at  the  end  of  any 
fiscal  year  any  surplus  remains  in  the  school  fund,  such  surplus  money  shall 
be  carried  forward  to  the  school  fund  of  the  next  fiscal  year,  and  shall  not 
be,  for  any  purpose  whatever,  diverted  or  drawn  from  said  fund,  except  under 
the  provisions  of  this  chapter. 

§  264.  The  said  school  fund  shall  be  used  and  applied  by  said  board  of  edu- 
cation for  the  following  purposes,  to  wit: 

1.  For  the  payment  of  the  salaries  or  wages  of  teachers,  janitors,  school 
census  marshals,  and  other  persons  who  may  be  employed  by  said  board ; 

2.  For  the  erection,  alteration,  repair,  rent,  and  furnishing  of  school-houses; 

3.  For  the  expenses  of  high,  normal,  and  experimental  schools ; 

4.  For  the  purchase  money  or  rent  of  any  real  or  personal  property  pur- 
chased or  hired  by  the  board ; 

5.  For  the  insurance  of  all  school  property; 
[6  is  omitted — misnumbered.] 

7.  For  the  discharge  of  all  legal  encumbrances  now  or  hereafter  existing  on 
any  school  property; 

8.  For  lighting  school-rooms,  and  the  office  and  rooms  of  the  superintendent 
and  the  board  of  education; 

9.  For  supplying  the  schools  with  fuel,  water,  apparatus,  blanks,  blank- 
books,  and  necessary  school  appliances,  together  with  books  for  indigent  chil- 
dren; 

10.  For  supplying  books,  printing,  and  stationery,  for  the  use  of  the  super- 
intendent and  board  of  education,  and  for  the  incidental  expenses  of  the  board 
and  department; 

11.  In  grading,  fencing,  and  improving  school  lots. 

§  265.  All  claims  payable  out  of  the  school  fund  (excepting  coupons  for 
interest  on  school  bonds),  shall  be  filed  with  the  secretary  of  the  board,  and 
after  they  shall  have  been  approved  by  a  majority  of  all  the  members  elect 
of  the  board,  upon  a  call  of  "yeas"  and  *'nays"  (which  shall  be  recorded), 
they  shall  be  signed  by  the  president  of  the  board  and  the  superintendent  of 
the  public  schools,  and  be  sent  to  the  city  and  county  auditor.  Every  demand 
shall  have  indorsed  upon  it  a  certificate  of  its  approval  by  the  board,  showing 
the  date  thereof,  and  the  law  authorizing  it,  by  title,  date,  and  section.  All 
demands  for  teachers'  salaries  shall  be  payable  monthly. 

§  266.  Demands  on  the  school  fund  may  be  audited  and  approved  in  the 
usual  manner,  although  there  shall  not,  at  the  time,  be  money  in  the  treasury 
for  the  payment  of  the  same;  provided,  that  no  demand  on  said  fund 
shall  be  paid  out  of  or  become  a  charge  against  the  school  fund  of  any  subse- 
quent fiscal  year;  and  further  provided,  that  the  entire  expenditures  of  the 
said  school  department,  for  all  purposes,  shall  not,  in  any  fiscal  year,  exceed 
the  revenues  thereof  for  the  same  year. 

§  267.     The  city,  or  city  and  county,  auditor  shall  state,  by  indorsement 


MVNICIPAIi   CORPORATIONS — BOARD   OF   EDUCATION— ESTIMATE   OF.  823 

upon  any  claim  or  demand  audited  on  the  school  fund,  the  particular  money 
or  fund  out  of  which  the  same  is  payable,  and  that  it  is  payable  from  no  other 
source. 

§  268.  Audited  bills  for  the  current  fiscal  year  for  wages  or  salaries  of  the 
teachers  in  the  public  schools  shall  be  receivable  for  school  taxes  due  upon 
real  estate.     All  demands  shall  be  audited  and  paid  in  the  usual  manner. 

§  269.  All  lawful  demands  authorized  by  this  chapter  for  school  purposes 
shall  be  audited  and  approved  in  the  usual  manner,  and  the  auditor  and  treas- 
urer of  such  city,  or  city  and  county,  are  respectively  authorized  to  audit  and 
pay  the  same,  when  so  ordered  paid  and  approved  by  the  said  board ;  provided, 
that  the  said  board  shall  not  have  the  power  to  contract  any  debt  or  liability, 
in  any  form  whatsoever,  against  such  city,  or  city  and  county,  in  contravention 
of  this  chapter;  and  provided  further,  that  the  allowance  or  approval  by  the 
board  of  demands  not  authorized  by  this  chapter  shall  be  no  warrant  or 
authority  to  the  auditor  or  treasurer  to  audit  or  pay  the  same. 

§  270.  It  shall  be  the  duty  of  the  board  of  education  of  such  city,  or  city 
and  county,  on  or  before  the  second  Monday  of  September  of  each  year,  to 
report  to  the  municipal  council  an  estimate  of  the  amount  of  money  which 
will  be  required  during  the  year  for  the  purpose  of  meeting  the  current  annual 
expenses  of  public  instruction  in  such  city,  or  city  and  county,  specifying  the 
amount  required  for  supplies  furnished  pupils,  for  purchasing  and  procuring 
sites,  for  leasing  rooms  or  erecting  buildings,  and  for  furnishing,  fitting  up, 
altering,  enlarging,  and  repairing  buildings ;  for  the  support  of  schools  organ- 
ized since  the  last  annual  apportionment;  for  salary  of  teachers,  janitors, 
clerks,  and  other  employees,  and  other  expenditures  authorized  by  law;  but 
the  aggregate  amount  so  reported  shall  not  exceed  the  sum  of  thirty-five 
dollars  for  each  pupil  who  shall  have  actually  attended  and  been  taught  in  the 
preceding  year  in  the  schools  entitled  to  participate  in  the  apportionments. 
The  number  of  pupils  who  shall  be  considered  as  having  attended  the  schools 
during  any  one  year  shall  be  ascertained  by  adding  together  the  number  of 
days'  attendance  of  all  the  pupils  in  the  common  schools  during  the  year,  and 
dividing  the  same  by  the  number  of  school  days  in  the  year.  Said  municipal 
council  is  authorized  and  empowered  to  levy  and  cause  to  be  collected,  at  the 
time  and  in  the  manner  of  levying  state  and  other  city,  or  city  and  county, 
taxes,  the  amount  of  tax,  not  to  exceed  thirty-five  dollars  per  pupil,  determined 
and  reported  by  the  board  of  education.  The  amount  so  levied  and  collected 
shall  not  include  the  amount  received  annually  from  poll-taxes. 

§  271.  No  school  shall  receive  any  portion  of  the  school  moneys  in  which 
the  religious  doctrines  or  tenets  of  any  particular  Christian  or  other  religious 
sect  are  taught,  inculcated,  or  practised,  or  in  which  any  book  or  books  con- 
taining compositions  favorable  or  prejudicial  to  the  particular  doctrines  or 
tenets  of  any  particular  Christian  or  other  religious  sect  is  used ;  nor  shall  any 
such  books  or  teachings  be  permitted  in  the  common  schools. 

§  272.  No  member  of  the  board  of  education  shall  ever  become  the  disburs- 
ing agent  of  such  board,  or  handle  or  pay  out  any  of  its  moneys  under  or  upon 
any  pretense  whatever.  Any  violation  of  this  provision  shall  be  a  misde- 
meanor, and  shall  subject  the  offender,  besides  the  punishment,  to  removal 


824  MUNICIPAL,    CORPORATIONS— MISCELLANEOUS— SECOND     CLASS. 

from  office.  Any  member  or  officer  of  the  board  of  education  who  shall,  while 
in  office,  accept  any  donation  or  gratuity  in  money,  or  of  any  valuable  thing, 
either  directly  or  indirectly,  from  any  teacher,  or  candidate,  or  applicant 
for  a  position  as  teacher,  upon  any  pretense  whatever,  shall  be  deemed 
guilty  of  a  misdemeanor  in  office  and  shall  be  ousted  by  the  board,  or 
by  any  court  of  competent  jurisdiction,  from  his  seat,  on  proof  thereof.  Any 
member  or  officer  of  the  board  of  education  who  shall  accept  any  money,  or 
valuable  thing,  or  the  promise  thereof,  with  an  agreement  or  understanding, 
express  or  implied,  that  any  person  shall,  in  consideration  thereof,  get  the 
vote  or  influence  of  such  member  or  officer  for  a  situation  as  a  teacher  or 
employee  of  any  kind  in  the  school  department,  shall  be  deemed  guilty  of  a 
felony,  and  on  conviction,  shall  be  punished  accordingly. 

ARTICLE   VII. — MISCELLANEOUS   PROVISIONS. 

§  286.  All  the  existing  provisions  of  law  defining  the  duties  of  county 
officers,  excepting  those  relating  to  supervisors  and  boards  of  supervisors,  so 
far  as  the  same  are  not  inconsistent  with,  repealed,  or  altered  by  the  provisions 
of  this  chapter,  shall  be  considered  as  applicable  to  officers  of  any  consolidated 
cities  and  counties,  acting  or  elected  under  this  chapter.  Provisions  shall 
be  made  from  the  revenues  of  any  city,  or  city  and  county,  heretofore  existing 
and  reorganized  under  this  act,  for  the  payment  of  the  legal  indebtedness  of 
the  municipal  incorporation  to  which  such  reorganized  city,  or  city  and  county, 
shall  succeed,  or  of  which  it  is  a  reorganization,  as  well  as  for  that  of  such 
city,  or  city  and  county,  after  its  organization,  and  all  funding  acts  and  other 
laws  providing  for  the  payments  of  principal  and  interest  on  any  funded  debt 
of  such  former  corporation  shall  remain  in  force.  The  taxes  which  may  be 
levied  and  collected  in  such  city,  or  city  and  county,  shall  be  uniform  through- 
out the  same. 

§  287.  The  provisions  of  this  chapter  concerning  the  following-named 
officers,  to  wit:  Sheriff,  county  clerk,  recorder,  coroner,  and  public  adminis- 
trator, shall  apply  only  to  consolidated  cities  and  counties.  The  provisions 
of  this  chapter  relating  to  the  district  attorney  shall,  except  in  consolidated 
cities  and  counties,  be  deemed  to  apply  to  the  city  attorney;  and  no  sheriff, 
county  clerk,  recorder,  district  attorney,  coroner,  or  public  administrator  shall 
be  elected  in  any  municipal  corporation  under  the  provisions  of  this  chapter, 
except  in  consolidated  cities  and  counties, 

§  288.  The  municipal  council  of  any  such  consolidated  city  and  county  shall 
perform  such  duties  in  and  about  the  levy  and  equalization  of  state  and  county 
taxes,  and  all  other  matters  and  things  as  are  or  may  be  prescribed  by  law 
for  boards  of  supervisors  of  counties  in  like  cases,  and  not  inconsistent  with 
the  provisions  of  this  chapter. 

CHAPTER    III. 

Municipal  Corporations  of  the  Second  Class. 

(A  charter  for  cities  having  a  population  of  more  than  thirty  thousand  and  not 

exceeding  one  hundred  thousand.) 

article  I. — general  powers. 

§  300.     Every  municipal  corporation  of  the  second  class  shall  be  entitled  the 

city  of (naming  it),  and  by  such  name  shall  have  perpetual  succession, 


MUNICIPAL    CORPORATIONS— SECOND    CLASS — OFFICERS.  825 

may  sue,  be  sued,  in  all  courts  and  places,  and  in  all  proceedings  whatever, 
shall  have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the  city 
authorities,  and  may  purchase,  lease,  receive,  hold,  and  enjoy  real  and  per- 
sonal property,  and  control,  and  dispose  of  the  same  for  the  common  benefit ; 
provided,  that  it  shall  purchase  without  the  city  no  property  except  such  as 
shall  be  deemed  necessary  for  establishing  hospitals,  prisons,  cemeteries,  and 
industrial  schools. 

ARTICLE   II. — GENERAL   PROVISIONS   RELATING   TO    OFFICERS. 

§  301.  The  municipal  election  shall  be  held  on  the  second  Monday  of 
March  of  each  even-numbered  year,  and  such  election  shall  be  subject  to  all 
the  provisions  of  the  law  regulating  elections  for  state  officers,  except  as  other- 
wise provided  in  this  chapter.  At  such  election  there  shall  be  elected  for  the 
government  of  the  city  the  following  officers:  Seven  councilmen,  who  shall 
constitute  a  board  to  be  known  as  the  city  council;  a  mayor;  a  treasurer,  who 
shall  be  ex  officio  clerk  of  the  city  council ;  a  city  attorney ;  a  school  superin- 
tendent, and  a  street  superintendent,  who  shall  respectively  hold  office  for  the 
term  of  two  years,  and  until  their  successors  are  elected  and  qualified.  One 
councilman  shall  be  elected  from  each  ward,  by  vote  of  the  city  at  large,  and 
shall  hold  office  for  the  term  of  two  years,  and  until  his  successor  is  elected 
and  qualified. 

§  302.  The  clerk  and  treasurer,  superintendent  of  public  schools,  street 
superintendent,  and  all  other  officers  when  required  by  the  city  council  by 
ordinance,  shall  each,  before  entering  upon  his  official  duties,  and  within  ten 
days  after  receipt  of  his  certificate  of  election  or  appointment,  execute  a  bond, 
in  such  sum  as  the  council  may  direct,  payable  to  the  city ;  which  bond  shall  be 
subject  to  the  law  concerning  the  official  bonds  of  officers,  and  to  approval 
by  the  mayor.  And  the  council  may  at  any  time  require  an  additional  amount, 
or  new  sureties,  upon  any  bond  which  it  may  deem  insufficient.  If  such  addi- 
tional security  be  not  given,  the  council,  upon  notification  thereof  by  the 
mayor,  may,  by  vote  of  two  thirds  of  the  members,  declare  the  office  vacant. 

§  303.  All  fees,  percentages,  and  all  other  moneys  received  or  collected  by 
any  officer  of  the  city,  shall  be  paid  by  such  officer,  at  the  end  of  each  month, 
into  the  city  treasury,  for  the  use  of  the  city ;  and  no  payment  shall  be  made 
to  any  officer  for  salary  until  he  shall  have  taken,  and  filed  with  the  clerk,  an 
affidavit  that  he  has  paid  into  the  city  treasury,  all  fees,  percentages,  and  all 
other  moneys  by  him  theretofore  received  or  collected. 

§  304.  No  member  of  the  city  council,  or  of  the  board  of  education,  nor 
any  officer  of  the  city,  shall  be  surety  upon  the  official  bond  of  any  corporate 
officer,  nor  shall  he  be,  directly  or  indirectly,  interested  with  or  be  surety  for 
any  person  who  may  be  interested  in  any  franchise,  contract,  appropriation, 
work,  or  business,  or  in  the  sale  of  anything  the  price  of  or  consideration  for 
which  is  paid  or  payable  by  the  city,  or  by  assessments  levied  under  an  ordi- 
nance of  the  council ;  nor  shall  any  contract  be  awarded  or  franchise  granted 
to  any  person  who  may  be  surety  on  the  official  bond  of  any  officer  of  the 
city. 

§  305.  If  any  officer  of  such  city,  or  member  of  the  city  council,  or  board 
of  education,  shall  remove  from  the  city,  or  absent  himself  therefrom  for  more 


826     MUNICIPAL  CORPORATIONS-SECOND  CLASS— LEGISLATIVE  DEPARTMENT. 

than  thirty  days,  or  shall  fail  to  qualify  by  taking  the  oath  of  ofdce  as  pre- 
scribed by  law,  or  to  file  his  official  bond,  whenever  such  bond  is  required, 
within  ten  days  from  the  time  his  election  is  duly  ascertained  and  declared, 
his  office  shall  be  hereby  absolutely  vacated,  and  the  city  council  shall  there- 
upon fill  the  vacancy  upon  nomination  by  the  mayor. 

§  306.  Every  officer  provided  for  in  this  chapter  shall,  before  entering  upon 
the  duties  of  his  office,  take  and  file  with  the  treasurer  the  constitutional  oath 
of  office ;  provided,  that  the  oath  of  office  of  the  treasurer  shall  be  filed  with 
the  mayor. 

§  307.  The  salaries  of  the  officers  of  such  city  shall  be  as  follows :  Mayor, 
one  thousand  dollars  per  annum;  clerk  and  treasurer,  two  thousand  dollars 
per  annum;  assistant  to  the  clerk  and  treasurer,  one  thousand  two  hundred 
dollars  per  annum;  clerk  of  the  police  court,  one  thousand  two  hundred  dol- 
lars per  annum;  clerk  to  the  police  court,  nine  hundred  dollars  per  annum; 
city  attorney,  two  thousand  dollars  per  annum;  street  superintendent,  one. 
thousand  eight  hundred  dollars  per  annum;  captain  of  police,  one  thousand 
eight  hundred  dollars  per  annum ;  police  detective,  one  thousand  five  hundred 
dollars  per  annum;  school  superintendent,  two  thousand  dollars  per  annum; 
assistant  school  superintendent,  one  thousand  two  hundred  dollars  per  annum ; 
policemen,  nine  hundred  dollars  per  annum  each.  The  mayor  may  appoint 
a  clerk,  who  shall  receive  a  salary  of  nine  hundred  dollars  per  annum.  The 
salaries  of  all  officers  shall  be  paid  in  monthly  instalments,  at  the  end  of  each 
and  every  month  of  service. 

ARTICLE   III. — LEGISLATIVE   DEPARTMENT. 

§  319.  The  city  council  shall  meet  on  the  first  Monday  after  their  election, 
and  at  such  other  times  as  they  may  by  ordinance  appoint.  A  majority  of  the 
council  shall  constitute  a  quorum  for  the  transaction  of  business.  They  shall 
determine  the  rules  of  their  proceedings,  and  judge  of  the  qualification  and 
election  of  all  officers;  and  shall  provide,  by  ordinance,  the  method  of  calling 
special  meetings  of  the  council.  Their  sittings  shall  be  public.  A  jour- 
nal of  their  proceedings  shall  be  kept  by  the  clerk,  under  their  direction ;  and 
the  ayes  and  noes  shall  be  taken  and  entered  on  the  journal  at  the  request  of 
any  member.  They  shall  prescribe,  by  ordinance,  the  duties  of  all  officers 
whose  duties  are  not  defined  in  this  act.  They  shall  have  the  power  to  raise, 
by  tax,  not  exceeding  one  per  centum  for  all  purposes  (except  for  the  redemp- 
tion of  bonds)  on  the  assessed  value  of  the  real  and  personal  property  within 
the  limits  of  such  city,  moneys  for  the  establishment  and  support  of  free  com- 
mon schools,  and  to  provide  suitable  grounds  and  buildings  therefor,  and 
defraying  the  ordinary  expenses  of  the  city,  as  well  as  for  paving,  planking, 
or  otherwise  improving  the  streets  of  the  city.  They  shall  also  have  power  to 
pass  all  proper  and  necessary  ordinances  for  the  regulation  and  sale  of  city 
property,  and  to  give  deeds  therefor.  They  shall  have  power  to  open,  alter, 
establish,  grade,  or  otherwise  improve  and  regulate,  streets,  alleys,  and  lanes, 
and  the  sidewalks  upon  the  same ;  to  construct  and  keep  in  repair  bridges,  so 
as  not  to  interfere  with  navigation,  fences,  public  places,  wharves,  docks, 
ferries,  piers,  slips,  sewers,  and  wells,  and  to  make  assessments  therefor;  to 
regulate  and  collect  tolls,  wharfage,  dockage,  and  cranage,  upon  all  water 


MUNICIPAL  CORPORATIONS— SECOND  CLASS — LEGISLATIVE  DEPARTMENT.     827 

craft,  and  all  goods  landed ;  to  make  regulations  for  securing  the  health,  clean- 
liness, ornament,  peace,  and  good  order  of  the  city ;  for  preventing  and  extin- 
guishing fires,  and  appointing  and  regulating  firemen,  policemen,  and  such 
other  officers  as  may  be  necessary  to  appoint;  for  the  care  and  regulation  of 
prisons  and  markets;  for  licensing,  taxing,  and  regulating  all  such  vehicles, 
business,  and  employments  as  the  public  good  may  require,  and  as  may  not  be 
prohibited  by  law;  to  levy  a  tax  license  upon  all  dogs,  or  otherwise  prevent 
the  same  from  running  at  large  in  the  streets  and  public  grounds  of  the  city; 
to  regulate  and  suppress  all  occupations,  houses,  places,  amusements,  and  exhi- 
bitions which  are  against  good  morals,  or  contrary  to  the  public  order  and 
decency;  for  the  regulation  and  location  of  slaughter-houses,  markets,  stables, 
and  gas-works,  and  houses  for  the  storage  of  gunpowder  and  other  combustible 
materials,  and  limit  the  quantity  of  combustible  or  explosive  materials  to  be 
stored  in  any  one  place ;  for  prohibiting  or  suppressing  the  erection  of  slaugh- 
ter-houses, or  the  slaughtering  of  animals  within  the  limits  of  the  city,  and  for 
prohibiting  or  suppressing  the  erection  or  carrying  on  of  any  soap  or  glue 
factory,  tan-yard,  powder-magazine,  or  other  nuisance  within  the  limits  of 
the  city ;  and  to  declare  what  shall  constitute  a  nuisance ;  and  to  make  and 
enforce  within  its  limits  all  such  local,  police,  sanitary,  and  other  regulations 
as  are  not  in  conflict  with  general  laws ;  and  provide  suitable  buildings  for  the 
management,  good  government,  and  general  welfare  of  the  city.  They  shall 
also  have  power  to  pass  such  ordinance  or  ordinances  as  may  be  necessary  to 
prevent  animals  from  running  at  large  within  the  limits  of  the  city ;  to  estab- 
lish a  pound,  and  appoint  a  poundkeeper,  and  prescribe  his  duties,  and  to 
provide  for  the  public  sale,  by  the  poundkeeper,  of  such  animals  as  may  be 
impounded,  in  the  same  way  and  upon  like  notice  that  personal  property  is 
sold  by  execution  under  the  laws  of  this  state;  provided,  that  the  owner  or 
owners  of  such  property  so  impounded  may  reclaim  the  same  at  any  time 
before  sale,  upon  payment  of  costs  and  charges  of  taking  up  and  impounding ; 
and,  within  thirty  days  after  the  sale,  upon  proof  of  ownership  of  the  property 
sold,  duly  made  before  the  mayor,  and  upon  payment  of  the  costs  and  expenses 
of  impounding  and  selling,  and  upon  the  payment  of  the  sum  of  one  dollar  to 
the  mayor,  as  a  fee  for  the  investigation  of  the  question  of  ownership,  and  for 
his  certificate  to  that  effect,  such  owner  or  owners  may  receive  the  purchase 
money  arising  from  such  sale  or  sales.  Penalties  for  the  violation  of  any  and 
all  ordinances  shall  be  by  fine  not  exceeding  one  hundred  dollars,  and  in  case 
the  fine  be  not  paid,  then  the  person  or  persons  may  be  imprisoned  at  the 
rate  of  one  day  for  every  two  dollars  of  the  fine  imposed,  or  in  lieu  of  the 
imprisonment,  or  any  part  of  it,  the  person  or  persons  so  fined  shall  labor, 
under  the  direction  of  the  city  authorities,  either  upon  the  streets,  public 
grounds,  or  buildings,  or  in  such  other  places  as  may  be  deemed  advisable 
for  the  benefit  or  revenue  of  said  city.  The  city  council,  upon  the  nomination 
of  the  mayor,  shall  have  power  to  appoint  suitable  persons  to  fill  vacancies  in 
any  elective  office,  except  that  of  mayor,  until  the  next  regular  municipal  elec- 
tion, when,  if  the  term  be  unexpired,  an  election  shall  be  held  to  fill  such 
vacancy  for  the  unexpired  term  of  said  officers.  The  members  of  the  city 
council  shall  receive  no  salary  for  their  services.  They  shall  have  power  to 
provide  for  all  city  elections,  to  designate  the  place  or  places  of  holding  the 


828  MUNICIPAL.    CORPORATIONS— SECOND    CLASS — COUNCIL— POWERS. 

same,  giving  at  least  ten  days'  notice  thereof;  to  appoint  inspectors  and  judges 
of  election,  examine  the  returns,  and  declare  the  result,  and  to  determine  con- 
tested elections.  The  president  pro  tempore  of  the  board  shall  discharge  the 
duties  of  mayor  whenever  there  shall  be  a  vacancy  in  the  office  of  mayor,  or 
when  the  mayor  shall  be  absent  from  the  city  for  a  period  exceeding  five  days, 
or  be  unable,  from  sickness,  to  attend  to  the  duties  of  his  office.  In  the 
absence  of  the  clerk,  the  city  council  shall  appoint  one  of  their  members  to  act 
as  clerk  pro  tempore;  they  shall  also  have  power  to  set  aside  any  amount  of 
money  belonging  to  the  city  which  may  at  any  time  be  in  the  hands  of  the 
treasurer,  after  deducting  the  current  expenses  of  the  city,  and  the  interest 
due  upon  the  funded  debts  of  the  city,  as  a  sinking  fund  whereby  the  bonds 
issued  by  the  city  maj^  be  redeemed,  or  they  may,  at  any  time  before  said 
bonds  shall  become  due,  with  any  surplus  money  which  may  belong  to  the  city, 
after  paying  said  expenses  and  interest,  redeem  or  purchase  for  the  city,  and 
in  its  name,  in  the  manner  most  advantageous  to  the  city,  any  outstanding 
bonds,  which  bonds  or  claims,  when  so  purchased,  shall  be  immediately  can- 
celed ;  provided,  this  right  shall  not  affect  the  rights  of  the  holders  of  said 
bonds,  or  in  any  way  prevent  them  from  holding  the  same  until  said  bonds 
become  due  and  payable;  they  shall  also  have  the  power  to  determine  the 
width  of  sidewalks,  and  the  material  and  manner  of  their  construction,  as 
well  as  the  grade  of  the  same ;  they  shall  also  have  the  power  to  establish  fire 
districts,  and  within  said  districts  to  prevent  the  erection  of  wooden  buildings, 
or  any  buildings  composed  of  combustible  materials,  and  also  prevent  the  fur- 
ther repairing  of  wooden  buildings  within  the  fire  limits  established. 
§  320.     Said  council  shall  also  have  power : 

1.  To  regulate  the  construction  of  sinks,  gutters,  wells,  cesspools  and  privy 
vaults,  and  to  compel  the  cleansing  or  emptying  of  the  same,  and  the  time  and 
manner  in  which  the  work  shall  be  done. 

2.  To  regulate  the  anchorage  of  vessels  within  the  limits  of  the  city,  and  to 
prevent  obstructions  to  the  free  navigation  of  all  navigable  waters  within  the 
same. 

3.  To  prevent  persons  from  throwing  into  any  stream,  creek,  bay,  or  other 
body  of  water  within  the  limits  of  the  city,  from  vessels,  wharves,  or  other 
places  any  dirt,  ballast,  ashes,  garbage,  dead  animals,  or  other  materials  that 
may  obstruct  the  same  or  pollute  the  water  thereof. 

4.  To  open  streets  to  the  channel  of  any  navigable  stream  or  creek  within 
the  limits  of  the  city,  and  to  deep  water  to  [in]  any  navigable  bay  or  lake 
within  the  same,  and  to  construct  and  maintain  public  wharves  at  the  ends  of 
such  streets. 

5.  To  regulate  the  location  of  steam-boilers,  the  putting  up  of  signs  and 
awnings,  and  the  construction  of  entrances  to  basements  or  cellars  from  the 
sidewalks. 

6.  To  establish  hack  stands,  and  to  regulate  the  rates  of  charges  of  hacks 
and  other  licensed  vehicles,  and  to  require  a  schedule  of  such  charges,  printed 
in  conspicuous  type  and  satisfactory  to  the  council,  to  be  posted  in  a  conspicu- 
ous place  in  each  hack  or  other  licensed  vehicle;  provided,  however,  that  the 
standing  of  hacks  shall  not  be  permitted  on  any  street  upon  which  railroads 
operated  by  steam  shall  be  used. 


aiTJWICIPAL.   COUPORATIONS— SECOND    CLASS— COUNCIL— POWERS.  829 

7.  To  compel  the  attendance  of  absent  members  of  said  council  at  any  of 
the  meetings  thereof,  and  to  cause  the  arrest  of  any  person  for  disorderly 
conduct  at  their  meetings. 

8.  To  regulate  the  speed  of  railway  engines  in  the  city,  and  to  require  rail- 
road companies  to  station  flagmen  at  street  crossings;  to  grant  franchises 
permitting  steam  railroads  upon  any  of  the  streets  of  the  city ;  provided,  that 
the  same  shall  only  be  granted  after  two  weeks'  notice,  previously  published 
in  some  newspaper  published  in  the  city,  and  by  ordinance  passed  by  the 
vote  of  two  thirds  of  the  members  elected  to  said  council,  approved  by  the 
mayor,  and  upon  the  previous  petition,  in  writing,  of  the  owners  of  two  thirds 
of  the  front  feet  of  the  lands  upon  the  portion  of  the  street  to  be  so  used. 

9.  To  regulate  the  means  of  entrance  to  and  exit  from  theaters,  lecture- 
rooms,  public  halls,  and  churches,  and  to  prohibit  the  placing  of  chairs,  stools, 
benches,  or  other  obstructions  in  the  aisles  of  such  buildings. 

10.  To  require  railroad  companies  to  keep  the  street  in  repair  between  the 
tracks  and  along  and  within  the  distance  of  two  feet  upon  each  side  of  the 
track  occupied  by  the  company. 

§  821.  They  shall  also  have  the  exclusive  right,  in  the  manner  prescribed 
by  ordinance,  of  issuing  and  granting  licenses,  and  of  collecting  tax  licenses 
for  the  benefit  of  the  city,  upon  the  following  business  and  property,  to  wit: 
Upon  each  and  every  person  within  the  limits  of  the  city  who  shall  vend  any 
goods,  wares  or  merchandise,  wines,  distilled  or  fermented  liquors,  drugs, 
medicines,  jewelry,  or  wares  of  precious  metals;  upon  persons  who  keep  horses 
or  carriages  for  rent  or  hire;  upon  persons  keeping  billiard  tables  for  hire, 
bowling  alleys,  and  shooting  galleries;  also  upon  all  taverns,  innkeepers,  and 
upon  all  persons  who  may  sell  or  dispose  of  any  malt,  spirituous  or  fermented 
liquors  or  wines  in  less  quantities  than  one  quart;  and  the  said  licenses  shall 
be  issued  quarterly  or  yearly.  Also  upon  any  person  within  the  limits  of  the 
city,  who  shall  keep  a  stallion,  jack,  bull,  or  ram,  and  who  shall  permit  the 
same  to  be  used  for  the  purpose  of  propagation  for  hire  or  profit,  which  license 
shall  be  a  yearly  license ;  all  of  which  licenses  when  granted  by  such  city  and 
duly  obtained  by  the  person  or  persons  desiring  the  same,  shall  entitle  them 
to  carry  on  such  business,  trade,  or  profession  in  such  city. 

§  322.  All  sales  or  leases  of  property  belonging  to  the  city  shall  be  by  public 
auction  to  the  highest  bidder,  and  upon  such  terms  and  conditions  as  the 
council  may  by  ordinance  direct;  and  all  contracts  for  supplies,  of  any  kind, 
for  more  than  five  hundred  dollars,  shall  be  let  to  the  lowest  responsible  bidder, 
after  ten  days'  notice  given  by  posting  the  same  in  three  of  the  most  public 
places  in  the  city,  or  by  publishing  the  same  in  any  newspaper  printed  and 
published  in  such  city. 

§  323.  Licenses  shall  be  discriminating  and  proportionate  to  the  amount  of 
business;  and  it  shall  be  the  duty  of  the  council,  by  ordinance,  to  classify  all 
kinds  of  business  licensed  in  accordance  herewith. 

§324.  The  enacting  clause  of  all  ordinances  shall  be  as  follows:  "The 
mayor  and  council  of  the  city  of do  ordain  as  follows."  Every  ordi- 
nance passed  by  the  city  council  shall  be  presented  to  the  mayor  for  his 
approval;  if  he  approve  it,  he  shall  sign  it;  if  not,  he  shall  return  it  at  the  first 


S30     MUNICIPAL,  COKPORATIONS— SECOND  CLASS— FIXING  RATE   OF  TAXATION. 

meeting  of  the  council  held  after  five  days  thereafter,  or  at  its  next  meeting; 
when  the  city  council  shall  reconsider  such  ordinance,  and  if  the  same  be 
approved  by  a  vote  of  two  thirds  of  all  the  members  elected,^  and  not  other- 
wise, the  same  shall  take  effect  and  stand  as  an  ordinance  of  such  city.  All 
ordinances  shall  be  published  for  one  week  in  a  newspaper  printed  and  pub- 
lished in  such  city,  as  often  during  such  period  as  such  newspaper  shall  be 
published. 

§  325.  The  council  shall,  upon  the  first  Monday  of  October  in  each  year, 
fix  the  rate  of  taxation  to  be  levied  upon  all  property,  both  real  and  personal, 
in  said  municipality  necessary  to  raise  sufficient  revenue  to  carry  on  the  vari- 
ous departments  of  the  city  government  for  the  then  ensuing  year,  not  to 
exceed  one  dollar  for  each  one  hundred  dollars  upon  the  assessment  roll,  and 
to  pay  the  bonded  and  other  indebtedness  of  said  city.  The  said  council  must, 
upon  fixing  said  amount,  transmit  a  statement  thereof  to  the  county  auditor. 
The  action  of  the  city  council  in  fixing  the  rate  of  taxation  for  city  purposes  is 
a  valid  levy  of  the  rate  so  fixed  upon  all  property,  both  real  and  personal,  in 
the  said  city,  and  borne  upon  the  assessment  roll  of  said  county,  and  has  the 
effect  provided  in  sections  three  thousand  seven  hundred  and  sixteen,  three 
thousand  seven  hundred  and  seventeen,  and  three  thousand  seven  hundred  and 
eighteen  of  the  Political  Code,  in  regard  to  state  and  county  taxes.  The 
county  auditor  shall  thereupon  compute  and  enter,  in  a  separate  money  column 
in  the  assessment  book,  the  respective  sums,  in  dollars  and  cents,  rejecting  the 
fractions  of  a  cent,  to  be  paid  as  a  tax  on  the  property  therein  enumerated,  for 
the  purposes  of  such  city  government,  and  foot  up  the  column,  showing  the 
total  amount  of  such  taxes.  The  taxes  so  levied  and  computed  shall  be  col- 
lected at  the  same  time  and  in  the  same  manner  as  state  and  county  taxes ;  and 
when  collected,  shall  be  paid  into  the  county  treasury  for  the  use  of  said  city ; 
provided,  that  any  property  sold  for  such  taxes  shall  be  subject  to  redemption 
within  the  time  and  in  the  manner  provided,  or  that  may  hereafter  be  provided 
by  law,  for  the  redemption  of  property  sold  for  state  or  county  taxes.  All 
deeds  made  upon  any  sale  of  property  for  taxes  or  special  assessments,  under 
the  provisions  of  this  chapter,  shall  have  the  same  force  and  effect  in  evidence 
as  is  or  may  hereafter  be  provided  by  law  for  deeds  for  property  sold  for  non- 
payment of  state  or  county  taxes.  The  county  treasurer  must,  at  any  time 
upon  the  demand  of  the  city  treasurer  and  mayor,  settle  with  the  city  treasurer, 
and  pay  over  to  him  all  moneys  in  the  county  treasury  belonging  to  such  city, 
taking  the  receipt  of  the  mayor  and  city  treasurer  therefor.  The  county  treas- 
urer shall  receive,  as  compensation  for  all  services  rendered  under  this  section 
as  tax  collector  and  treasurer,  one  third  of  one  per  centum  of  all  moneys  col- 
lected and  paid  over  to  the  city  treasurer,  but  not  to  exceed  in  all  one  thousand 
dollars  per  annum.  The  county  treasurer  and  tax  collector  shall  be  liable  on 
his  official  bond  for  all  moneys  received  by  him  under  the  provisions  of  this 
section. 

§  326.  In  all  matters  before  the  city  council  concerning  the  granting  of 
franchises,  letting  of  contracts,  auditing  of  bills,  ordering  of  work  to  be  done 
or  supplies  to  be  furnished,  or  whatever  may  involve  the  payment  of  money, 
or  incurring  of  debt  by  the  city,  the  vote  shall  be  by  yeas  and  nays,  and  be 
recorded  in  the  journal. 


MUNICIPAL    CORPORATIONS— SECOND    CLASS— INDEBTEDNESS.  831 

§  327.  No  member  of  the  city'  council  shall  vote  in  the  council  upon  any 
motion,  resolution,  or  ordinance,  in  favor  of  any  franchise,  contract,  bill,  award, 
or  appropriation,  in  which  he  may  have  any  pecuniary  interest,  present  or 
prospective. 

§  328.  The  city  council  shall  not  create,  allow  or  permit  to  accrue  any  debt 
or  liability  in  excess  of  the  available  money  in  the  treasury  that  may  be  legally 
apportioned  and  appropriated  for  such  purposes;  nor  shall  any  warrant  be 
drawn  or  evidence  of  indebtedness  be  issued,  unless  there  be  at  the  time  suf- 
ficient money  in  the  treasury  legally  applicable  to  the  payment  of  the  same, 
except  as  hereinafter  provided. 

§  329.  If,  at  any  time,  the  city  council  shall  deem  it  necessary  to  incur  any 
indebtedness  in  excess  of  the  money  in  the  treasury  applicable  to  the  purpose 
for  which  such  indebtedness  is  to  be  incurred,  they  shall  give  notice  of  a  special 
election  by  the  qualified  electors  of  the  city,  to  be  held  to  determine  whether 
such  indebtedness  shall  be  incurred.  Such  notice  shall  specify  the  amount  of 
indebtedness  proposed  to  be  incurred,  the  purpose  or  purposes  of  the  same, 
and  the  amount  of  money  necessary  to  be  raised  annually  by  taxation  for  an 
interest  and  sinking  fund,  as  hereinafter  provided.  Such  notice  shall  be  pub- 
lished for  at  least  three  weeks  in  some  newspaper  published  in  such  city,  as 
often  during  said  period  as  said  newspaper  shall  be  published ;  and  no  other 
question  or  matter  shall  be  submitted  to  the  electors  at  such  election.  If,  upon 
a  canvass  of  the  votes  cast  at  such  election,  it  appear  that  not  less  than  two 
thirds  of  all  the  qualified  electors  voting  at  such  election  shall  have  voted  in 
favor  of  incurring  such  indebtedness,  it  shall  be  the  duty  of  the  city  council 
to  pass  an  ordinance  providing  for  the  mode  of  creating  such  indebtedness, 
and  of  paying  the  same ;  and  an  annual  tax  shall  be  levied  and  collected  upon 
all  the  real  and  personal  property  subject  to  taxation  within  such  city,  suf- 
ficient to  pay  the  interest  on  such  indebtedness  as  it  falls  due :  and  also  to  con- 
stitute a  sinking  fund  for  the  payment  of  the  principal  v^iereof,  within  a 
period  of  not  more  than  twenty  years  from  the  time  of  contracting  the  same. 
It  shall  be  the  duty  of  the  city  council,  in  each  year  thereafter,  at  the  time  at 
which  other  taxes  are  levied,  to  levy  a  tax  sufficient  for  such  purpose,  in  addi- 
tion to  the  taxes  by  this  chapter  authorized  to  be  levied.  Such  tax,  when 
collected,  shall  be  exclusively  appropriated  to  the  payment  of  the  principal 
and  interest  of  such  indebtedness,  and  the  city  treasurer  shall  be  liable  upon 
his  official  bond  for  any  part  of  said  fund  otherwise  used  or  appropriated. 

§  330.  It  shall  be  the  duty  of  the  city  council  before  levying  the  annual  city 
tax,  to  establish,  by  ordinance,  separate  funds,  representing  the  several  funded 
obligat  ais  of  the  city,  if  any,  and  the  several  departments  requiring  municipal 
expenditures,  including  a  general  fund,  and  the  percentage  of  said  levy  shall 
be  named  for  each  fund,  and  the  whole  amount  of  taxes  and  revenues  of  the 
city  apportioned  accordingly,  and  no  transfer  shall  be  made  except  of  balances 
in  excess,  or  from  the  general  fund  to  meet  deficiencies,  or  to  provide  for  the 
redemption  of  city  bonds. 

§  331.  Any  city  having  a  bonded  indebtedness,  contracted  under  laws  here- 
tofore passed,  shall  levy  such  taxes  for  the  payment  of  such  indebtedness,  and 
the  interest  thereon,  as  are  provided  for  in  such  laws,  in  addition  to  the  taxes 


83a     MUNICIPAL  CORPORATIONS— SECOND  CLASS— OPENING  STREETS— PETITION. 

herein  authorized  to  be  levied.  All  moneys  received  from  licenses,  and  from 
fines,  penalties,  and  for  forfeitures,  shall  be  paid  into  the  general  fund. 

§  332.  The  city  council  shall  have  power,  upon  the  payment  of  just  compen- 
sation, to  lay  out  and  open  new  streets,  lanes,  alleys,  courts,  and  places  within 
the  corporate  limits  of  the  city,  but  shall  have  no  power  to  subject  the  city 
to  any  expense  therefor,  except  for  the  necessary  expense  of  surveying  and 
mapping  out  the  same,  and  when  said  streets  are  so  laid  out  and  opened,  the 
provisions  of  this  chapter  shall  be  applicable  thereto. 

§  333.  The  city  council  of  said  city  shall  have  power  to  issue  and  collect  an 
annual  tax  license  on  draymen,  cabmen,  omnibus  proprietors,  expressmen,  and 
other  common  carriers  doing  business  in  the  city,  the  proceeds  of  said  licenses 
to  be  devoted  to  a  street  department  fund  for  keeping  in  repair  the  streets  in 
the  city.  Said  annual  license  not  be  more  than  twelve  dollars  nor  be  less  than 
eight  dollars  for  such  persons  so  licensed. 

§  334.  The  city  council  is  empowered  to  open,  extend,  and  widen  streets,  and 
to  modify  the  boundaries  thereof  within  its  corporate  limits,  and  to  determine 
the  property  benefited  thereby,  and  to  assess  the  expenses  of  such  improvement 
upon  the  property  benefited,  as  hereinafter  provided. 

§  335.  All  proceedings  under  said  power  shall  be  commenced  by  petition  of 
five  or  more  residents  and  freeholders  within  the  city,  signed  by  the  petitioners, 
addressed  to  the  city  council,  and  filed  with  the  clerk  of  said  council.  Such 
petition  shall  contain : 

1.  The  names  of  the  petitioners,  and  a  statement  that  each  of  the  petitioners 
is  a  resident  and  freeholder  within  the  city ; 

2.  A  statement  that,  in  the  opinion  of  the  petitioners,  the  public  interests 
require  that  the  improvement  asked  for  (describing  it  generally)  should  be 
made; 

3.  A  request  that  the  council  proceed  to  order  the  improvement  made. 

§  336.  At  the  regular  meeting  next  after  the  meeting  at  which  the  petition 
is  presented  to  the  council,  or  at  any  subsequent  meeting  to  which  the  proceed- 
ings may  be  regularly  adjourned,  the  said  council  may,  by  resolution  duly  passed, 
determine  the  lands  to  be  benefited  by  the  improvement  asked  for  in  the  petition, 
and  to  be  as.sessed  for  the  expenses  thereof.  Said  resolution  shall  contain  a 
description  of  each  lot,  piece,  or  parcel  of  land  necessary  to  be  taken  and  con- 
demned for  such  improvement,  and  shall  also  specify  the  exterior  boundaries  of 
the  district  of  land  benefited  thereby,  and  to  be  assessed  therefor,  and  shall 
direct  the  city  engineer  to  make  a  survey  and  map  of  the  lands  described  in  the 
resolution,  a  copy  of  which  resolution  shall  be  forthwith  transmitted  by  the  clerk 
of  said  council  to  the  said  city  engineer. 

§  337.  It  shall  be  the  duty  of  the  city  engineer,  immediately  upon  receiving 
a  copy  of  the  resolution  mentioned  in  section  four,  to  survey  the  lands  described 
in  said  resolution  and  make  a  map  thereof,  and  to  return  said  map  to  said  coun- 
cil within  twenty  (20)  days  from  the  receipt  by  him  of  said  copy  of  the  resolu- 
tion;  said  map  shall  show  each  piece,  tract,  or  parcel  of  land  necessary  to  be 
taken  and  condemned  for  said  improvement,  and  also  the  exterior  boundaries  of 
the  district  to  be  benefited  by  such  improvement  and  to  be  assessed  on  account 
of  the  cost  and  expenses  thereof,  as  declared  in  the  resolution,  and  the  area 


MUNICIPAL,  CORPORATIONS— SECOND  CLASS— STREET  IMPROVEMENTS.  833 

thereof,  exclusive  of  public  streets  and  alleys.  Said  city  engineer  shall  have  the 
right  to  enter  upon  the  lands  and  make  examinations  and  surveys  thereof,  and 
such  entry  shall  constitute  no  cause  of  action  in  favor  of  the  owners  of  said 
lands,  except  for  injuries  resulting  from  negligence,  wantonness,  or  malice. 

§  338.  The  council,  at  its  regular  meeting  next  after  the  return  of  the  map 
by  the  city  engineer,  shall  pass  a  preliminary  resolution,  declaring  the  intention 
of  the  corporation  to  make  the  improvement  asked  for  in  the  petiticm.  Said 
resolution  shall  contain  a  description  of  each  piece,  lot,  or  tract  of  land  neces- 
sary and  sought  to  be  taken  and  condemned  for  the  improvement,  and  also  the 
exterior  boundaries  of  the  district  of  lands  to  be  benefited  thereby,  and  assessed 
for  the  expenses  thereof;  the  resolution  shall  also  specify  a  time,  not  more  than 
fifteen  (15)  days  from  the  passage  thereof,  for  the  hearing  by  said  council  of 
objections  to  the  proposed  improvement,  and  said  resolution  shall  be  published 
in  at  least  one  daily  paper  printed  and  circulated  in  the  city,  daily  (Sundays 
and  non- judicial  days  excepted),  for  at  least  ten  (10)  days  prior  to  the  time 
fixed  for  said  hearing. 

§  339.  If  a  majority  of  the  owners  of  the  lands  in  area  to  be  assessed  for  the 
expenses  of  said  improvement  shall,  on  or  before  the  day  fixed  by  said  resolution 
for  the  hearing  of  objections,  appear  and  protest  against  said  improvement,  the 
proceedings  shall  be  discontinued;  provided,  however,  that  such  protest  must 
be  in  writing,  and  shall  contain  a  description  of  the  land  claimed  by  each  pro- 
testant ;  and  provided  further,  that  the  council  may,  by  an  unanimous  vote  of  all 
its  members,  approved  by  the  mayor,  proceed  to  cause  such  improvement  to  be 
made,  notwithstanding  such  protest. 

§  340.  If  the  owners  of  a  majority  in  area  of  the  property  to  be  assessed  for 
the  expenses  of  said  improvement  fail  to  appear  and  protest  as  provided  in 
section  seven,  or  if  the  council,  by  an  unanimous  vote,  approved  by  the  mayor, 
order  said  improvement  to  be  made,  said  council  must  immediately  pass  a  final 
resolution,  declaring  such  determination.  Such  resolution  shall  refer  to  the  said 
preliminary  resolution,  by  its  number,  for  a  description  of  the  lands  necessary 
and  sought  to  be  taken  and  condemned  for  said  improvement,  and  the  district 
to  be  assessed  for  the  expenses  thereof. 

§  341.  Immediately  after  the  passage  of  such  final  resolution,  the  council 
shall  apply  to  the  superior  court  of  the  county  in  which  such  city  is  situated, 
either  in  term  time  or  vacation,  by  petition,  for  the  appointing  of  three  com- 
missioners to  assess  the  compensation  which  shall  be  paid  to  the  ownera  thereof 
for  the  lands  sought  to  be  taken  for  such  improvement,  and  to  assess  upon  the 
property  within  the  district  to  be  benefited  thereby  the  costs  of  such  improve- 
ment. Said  petition  shall  recite  all  the  proceedings  had  in  the  premises,  and 
shall  specify  the  exterior  boundaries  of  the  lands  sought  to  be  taken,  and  also 
the  exterior  boundaries  of  the  district  of  lands  to  be  benefited  thereby,  and 
assessed  for  the  expenses  thereof.  A  copy  of  the  map  made  by  the  city  engineer 
shall  be  annexed  to  said  petition,  and  may  be  referred  to  in  the  petition  for  a 
description  of  the  lands  aforesaid. 

§  342.  Upon  filing  such  petition,  such  court  shall  pass  and  take  such  juris- 
diction of  such  proceeding,  and  such  court,  or  a  judge  thereof,  shall,  by  order, 
fix  a  day  for  the  hearing  of  such  petition,  which  shall  be  not  less  than  ten  nor 

Gen.    Laws — 53 


834       MUNICIPAL,   CORPORATIONS— SECOND   CLASS— IMPROVESIENTS — HEARING. 

more  than  twenty  daj^s  from  the  date  of  such  order.  Such  order  shall  further 
direct  notice  of  the  time  and  place  of  such  hearing  to  be  given  by  the  clerk  by 
publication  in  two  daily  newspapers  published  in  such  city,  and  designated  in 
such  order,  for  at  least  a  period  of  ten  days  in  succession. 

§  343.  Such  notice  shall  specify  the  exterior  boundaries  of  the  lands  sought 
to  be  taken  for  such  improvement,  and  of  the  lands  declared  to  be  profited 
thereby  and  to  be  assessed  for  the  expenses  thereof,  and  shall  further  state  that 
the  damages  to  which  the  owner  or  owners  of  the  land  sought  to  be  taken  may  be 
entitled  for  the  same  will  be  inquired  into  and  determined,  and  that  such  dam- 
ages, together  with  the  cost  of  the  proceedings  for  the  acquiring  title  to  such 
lands,  and  making  apportionment  thereof,  will  be  apportioned  and  assessed  upon 
the  lands  to  be  benefited  thereby,  by  commissioners  to  be  appointed  by  such  court, 
on  the  day  fixed  by  such  order  for  the  hearing.  Such  notice  shall  be  published 
daily  for  at  least  ten  days  (Sundays  and  non-judicial  days  excepted)  before 
such  hearing. 

§  344.  At  the  time  fixed  for  the  hearing,  or  at  such  other  time  as  the  hearing 
may  be  adjourned  to,  the  court  shall  proceed  to  hear  any  person  interested 
touching  the  regularity  of  the  proceedings,  and  if  satisfied  that  the  proceedings 
have  been  regular,  shall  appoint  three  competent  and  disinterested  commission- 
ers. The  court  may  at  any  time,  remove  any  or  all  such  commissioners  for  cause, 
upon  reasonable  notice  and  hearing,  and  may  fill  the  vacancies  occurring  among 
them  from  any  cause.  Any  persons  interested  may  object  to  the  appointment 
of  any  person  as  commissioner,  on  one  or  more  of  the  grounds  specified  in  sec- 
tion six  hundred  and  forty-one  of  the  Code  of  Civil  Procedure,  as  grounds  for 
the  objection  to  the  appointment  of  persons  as  referees. 

§  345.  Commissioners  shall  be  sworn  to  faithfully  perform  their  duties  ac- 
cording to  the  provisions  of  this  chapter.  They  shall  then  proceed  to  view  the 
lands  mentioned  and  described  in  such  resolution  and  petition,  and  may  exam- 
ine witnesses  on  oath,  to  be  administered  by  any  one  of  them,  and  shall  keep 
minutes  of  the  testimony  so  taken;  they  shall  ascertain  and  appraise  the  value 
of  the  property  sought  to  be  taken  for  the  improvements,  and  of  all  improve- 
ments thereon  partaking  of  the  realty,  and  of  each  and  every  estate  therein ;  if 
it  consist  of  different  parcels,  the  value  of  each  parcel  and  each  estate,  or  interest 
therein,  shall  be  separately  appraised;  if  this  property  sought  to  be  taken  con- 
stitutes only  a  part  of  a  larger  parcel,  the  damages  which  will  accrue  to  the 
portion  not  sought  to  be  condemned  or  taken,  by  reason  of  the  severance  from 
the  portion  sought  to  be  taken,  and  the  construction  of  the  improvement  in  the 
manner  proposed  shall  be  appraised  by  said  commissioners;  they  shall  also 
ascertain  and  determine,  as  near  as  may  be,  the  entire  costs  of  the  proceedings 
for  the  opening,  extension,  or  improvement  aforesaid,  including  the  costs  of 
court  and  of  commissioners ;  they  shall  then  proceed  to  apportion  and  assess  the 
whole  amount  of  such  costs  and  expenses,  value  of  property  sought  to  be  taken, 
and  damages  to  property  not  taken,  upon  the  property  within  the  district 
declared  by  the  resolution  of  the  council  to  be  benefited  by  said  improvement, 
and  shall  assess  each  tract,  lot,  piece,  or  parcel  of  land  within  said  district  in 
proportion  to  the  benefits  received  by  it  from  said  improvement. 

§  346.  The  said  commissioners,  within  a  time  to  be  fixed  by  the  court,  shall 
make  a  report  of  their  proceedings,  under  their  hands,  or  the  hands  of  a  majority 


MUNICIPAL.    CORPORATIONS— SECOND    CLASS— IMPROVEMENTS— REPORT.        833 

of  them,  to  the  said  court,  in  which  report  they  shall  describe,  with  coramon  cer- 
tainty, the  several  parcels  of  land  sought  to  be  taken  for  such  improvement,  and 
the  names  of  the  owners  thereof,  respectively,  so  far  as  they  can  be  ascertained, 
designating  unknown  owners,  if  any  such  there  be,  and  the  sum  of  money  which 
should  be  paid  to  each  of  said  owners,  as  his  or  her  compensation  for  the  land 
necessary  and  sought  to  be  taken  and  condemned  for  such  improvement,  or  of 
his  or  her  estate,  therein;  and  in' case  only  a  part  of  a  larger  parcel  has  been 
taken  for  such  improvement,  and  the  remaining  portion  is  damaged  or  benefited 
thereby,  they  shall  describe  such  remaining  portion,  and  specify  the  sum  to  be 
paid  or  assessed  to  the  owner  thereof,  or  such  damages  or  benefits  as  the  ease 
may  be ;  they  shall  also  describe,  with  common  certainty,  the  several  parcels  of 
land  within  the  district  deemed  to  be  benefited  by  said  improvement,  and  the 
names  of  the  owners  thereof,  so  far  as  they  ca;n  be  ascertained,  designating 
unknown  owners,  if  such  there  be,  and  the  sum  of  money  which  is  assessed  upon 
each  particular  parcel,  and  which  should  be  paid  by  the  owner  thereof. 

§  347.  Upon  the  filing  of  such  report,  the  said  court  shall,  by  order,  fix  a  day 
for  hearing  objections  to  the  confirmation  thereof,  and  shall  direct  notice  of  the 
time  and  place  of  said  hearing  to  be  given  by  the  clerk,  by  publication  in  a 
daily  newspaper  published  in  said  city,  for  at  least  ten  days  (Sundays  and  non- 
judicial days  excepted),  prior  to  said  day  of  hearing. 

§  348.  Upon  the  day  fixed  for  the  hearing,  the  court  shall  proceed  to  hear 
any  person  interested  upon  any  question  touching  the  regularity  of  the  proceed- 
ings, the  sufficiency  of  the  compensation  awarded,  or  the  justice  or  equality  of 
the  assessment,  and  may  confirm  said  report  or  set  the  same  aside,  or  remand 
the  same  for  correction  or  alteration  in  any  particular.  If  the  report  be  set 
aside,  the  matter  may  in  like  manner  be  referred  to  the  same  or  new  commission- 
ers appointed  by  the  court,  who  shall  proceed  as  hereinbefore  provided;  if  the 
report  be  remanded,  it  shall  be  corrected,  or  altered  in  any  particular  required 
by  the  court. 

§  349.  The  commissioners  shall  be  entitled  to  reasonable  compensation  for 
their  services,  to  be  certified  to  by  the  court,  and  taxed  as  part  of  the  expenses 
of  the  proceeding. 

§  350.  Upon  confirmation  of  the  report  of  the  commissioners,  judgment  shall 
be  rendered  by  the  court  thereon,  which  judgment  must  describe  each  parcel  of 
land  taken  for  such  improvement,  and  the  amount  to  which  the  owner  is  entitled 
as  compensation  or  damages  for  the  taking  thereof,  and  the  name  of  such  owner 
or  owners,  if  known ;  and  in  case  only  a  portion  of  a  larger  parcel  is  taken,  such 
judgment  must  describe  such  remaining  portion,  and  the  amount,  if  anything, 
to  which  the  owner  thereof  is  entitled  as  damages ;  and  must  also  describe  each 
parcel  of  land  assessed  for  the  expenses  of  such  improvement,  and  the  amount 
so  a.ssessed  upon  each  parcel  respectively.  Such  judgment  shall  direct  a  sale  of 
each  parcel  so  assessed,  or  so  much  thereof  as  may  be  necessary  to  pay  the 
amount  of  such  assessment  and  expenses  of  sale,  and  the  application  of  the  pro- 
ceeds of  such  sale  to  the  payment  of  the  expenses  of  such  sale,  and  the  amount 
of  compensation  and  damages  awarded  by  such  judgment.  Such  judgment  shall 
be  a  lien  upon  the  property  against  which  such  assessment  is  made,  and  may  be 
enforced  by  a  sale  of  the  property  assessed,  as  hereinafter  provided. 


830        MrNICIPAL    CORPORATIONS— SECOND    CLASS— IMPROVEMENTS— DECREE. 

§  351.  "Within  thirty  days  after  the  entry  of  such  judgment,  the  persons 
liable  must  pay  to  the  clerk  of  the  court,  for  the  benefit  of  the  parties  entitled 
thereto,  the  several  amounts  specified  in  such  judgment,  in  default  of  which  the 
respective  parcels  of  land  upon  which  such  assessments  have  not  been  paid  shall 
be  sold  by  the  sheriff  of  such  county  under  a  certified  copy  of  such  judgment, 
and  in  the  manner  provided  by  law  for  the  sale  of  property  upon  decree  of  fore- 
closure of  mortgage. 

§  352.  The  moneys  realized  from  such  sale  shall  be  paid  by  the  officer  mak- 
ing the  same,  to  the  clerk  of  the  court,  for  the  benefit  of  the  parties  entitled 
thereto. 

§  353.  Whenever  the  aggregate  amount  of  damages  or  compensation  awarded 
by  such  judgment  shall  have  been  paid  to  the  clerk,  either  by  voluntary  pay- 
ment or  as  moneys  realized  from  sales  under  such  judgment,  the  court  must 
make  and  enter  a  final  order  or  decree  of  condemnation  of  the  lands  taken  for 
such  improvement,  which  order  or  decree  shall  describe  the  property  condemned 
and  the  purpose  of  such  condemnation. 

§  354.  A  copy  of  such  order  or  decree  must  be  filed  in  the  office  of  the  recorder 
of  such  county,  and  thereupon,  the  property  described  therein  shall  vest  in  such 
city  for  the  uses  and  purposes  therein  specified;  and  such  city  shall  be  entitled  to 
and  may  take  immediate  possession  thereof. 

§  355.  Whenever  the  aggregate  amount  of  damages  or  compensation  awarded 
by  such  judgment  shall  have  come  to  the  hands  of  the  clerk,  he  shall,  upon  the 
demand  of  any  person  entitled  thereto,  pay  to  said  party  the  amount  awarded 
to  him  or  her  by  said  judgment. 

§  356.  If  there  is  more  than  one  claimant  to  any  parcel  of  land  taken  for 
such  improvement,  or  if  the  owner  of  any  parcel  is  unknown,  the  amount 
awarded  as  damages  or  compensation  for  the  taking  thereof  shall  remain  in 
court  to  be  awarded  to  the  true  owner  by  due  process  of  law. 

§  357.  Any  party  feeling  aggrieved  by  any  proceedings,  orders,  or  judgments 
of  such  court  herein  provided  for  may  appeal  to  the  supreme  court,  as  in  other 
cases. 

§  358.  The  city  council  shall  not  have  power  to  appoint  a  greater  number 
of  policemen  than  shall  be  equal  to  one  for  every  one  thousand  of  the  population 
of  such  city.  No  policeman  or  member  of  the  fire  department  shall  be  removed 
from  office  except  upon  the  order  and  direction  of  the  mayor,  and  after  charges 
in  writing  have  been  made  against  him,  and  evidence  upon  the  same  shall  have 
been  heard  in  public  in  the  mode  and  manner  to  be  prescribed  by  ordinance. 

§  359.  All  gas  and  water  pipes  laid  in  any  paved,  macadamized,  or  graded 
street  must  be  of  sufficient  capacity  to  afford  a  free  supply  of  gas  or  water  for 
the  estimated  necessities  of  such  street,  and  the  district  to  be  supplied  by  such 
pipes,  for  a  period  of  not  less  than  five  years  from  the  time  of  laying  the  same ; 
which  estimate  of  necessity  and  capacity  shall  be  made  by  the  city  ensrineer,  and 
approved  by  the  council.  It  shall  be  the  duty  of  the  council,  by  ordinance,  to 
prescribe  regulations  for  the  laying  of  gas  and  water  pipes  in  the  public  streets. 

ARTICLE   IV. — EXECUTIVE   DEPARTMENT. 

§  370.  The  mayor  shall  preside  at  all  meetings  of  the  city  council,  but  the 
council  shall  elect  a  president  pro  tempore  to  preside  during  his  absence.     He 


MUNICIPAL   CORPORATIONS — SECOND   CLASS — EXECUTIVE   DEPARTMENT.        837 

shall  communicate  to  the  council  semiannually,  or  oftener  if  necessary  a  general 
statement  of  the  situation  and  condition  of  the  city,  together  with  such  recom- 
mendations relative  thereto  as  he  may  deem  expedient.  He  shall  be  vigilant  and 
active  in  causing  the  ordinances  of  the  city  to  be  executed  and  enforced.  He 
shall  be  the  head  of  police,  and  shall  exercise  a  supervision  and  control  over 
the  conduct  of  all  subordinate  officers,  and  receive  and  examine  into  all  com- 
plaints preferred  against  any  of  them  for  violation  or  neglect  of  duty,  and 
certify  the  same  to  the  council.  He  shall  sign  all  ordinances  and  contracts  made 
on  behalf  of  the  city,  and  countersign  all  licenses  and  warrants  on  the  treasury. 
He  shall  keep  accounts  current  with  every  officer  charged  with  the  receipt  or 
disbursement  of  money,  and  perform  all  the  duties  of  an  auditor.  He  shall  per- 
form such  other  duties  as  may  be  prescribed  by  law  or  ordinance. 

§  371.  Every  demand  upon  the  treasury,  except  for  the  salary  of  the  mayor, 
must,  before  it  can  be  paid,  be  presented  to  the  mayor,  to  be  allowed,  who  shall 
satisfy  himself  whether  the  money  is  legally  due  and  remains  unpaid,  and 
whether  the  payment  thereof  from  the  treasury  of  the  city  is  authorized  by 
law,  and  out  of  what  fund.  If  he  allow  it,  he  shall  indorse  upon  it  the  word 
''Allowed,"  with  the  name  of  the  fund  out  of  which  it  is  payable,  with  the  date 
of  such  allowance,  and  sign  his  name  thereto ;  but  the  allowance  or  approval  of 
the  mayor,  or  of  the  city  council,  or  of  any  other  board  or  officer,  of  any  demand 
which  upon  the  face  of  it  appears  not  to  have  been  expressly  made  by  law  pay- 
able out  of  the  treasury  or  fund  to  be  charged  therewith,  shall  afford  no  warrant 
to  the  treasurer  or  other  disbursing  officer  for  paying  the  same.  The  demand  of 
the  mayor  for  his  salary  shall  be  audited  and  allowed  by  the  president  pro  tem- 
pore of  the  city  council, 

§  372.  The  chief  of  police  shall  execute,  within  the  city,  and  return  all  proc- 
ess issued  and  directed  to  him  by  the  city  justices,  or  either  of  them,  arrest  all 
persons  guilty  of  a  breach  of  the  peace,  or  of  a  violation  of  any  ordinance  of 
the  council,  and  take  them  before  the  proper  magistrate  within  the  city;  and  do 
and  perform  such  other  duties  as  may  be  prescribed  by  ordinance  or  may  be 
required  by  the  mayor. 

§  373.  The  records  kept  by  the  street  superintendent  of  the  city,  and  signed 
by  him,  shall  have  the  same  force  and  effect  as  other  public  records,  and  copies 
therefrom,  duly  certified,  may  be  used  in  evidence  with  the  same  effect  as  the 
originals.  The  said  records  shall,  during  all  office  hours,  be  open  to  the  inspec- 
tion of  any  citizen  wishing  to  examine  them,  free  of  charge. 

§  374.  The  street  superintendent  shall  keep  a  public  office  in  some  convenient 
place  to  be  designated  by  the  city  council,  and  such  records  as  may  be  required 
by  law.  He  shall  superintend  and  direct  the  cleaning  of  all  the  sewers  in  the 
public  streets,  and  the  expense  of  the  same  shall  be  paid  out  of  the  street  depart- 
ment fund,  and  perform  all  duties  required  by  law  or  ordinance  of  such  city. 

§  375.  It  shall  be  the  duty  of  the  street  superintendent  to  see  that  the  laivs, 
orders,  and  regulations  relating  to  the  public  streets  and  highways  are  fully 
carried  into  execution,  and  that  the  penalties  therefor  are  regularly  enforced. 
He  shall  keep  himself  informed  of  the  condition  of  all  public  streets  and  high- 
ways, and  also  of  all  public  buildings,  parks,  lots,  and  ground  [s]  of  the  city,  as 
may  be  prescribed  by  the  council ;  and  should  he  fail  to  see  the  laws,  orders,  and 


838  MUNICIPAL  CORPORATIONS— SECOND   CLASS— CITY  ENGINEER— DUTIES. 

regulations  relative  to  the  public  streets  and  highways  carried  into  execution, 
after  notice  from  any  citizen  of  a  violation  thereof,  he  and  his  sureties  shall  be 
liable  upon  his  official  bond  to  any  person  injured  in  person  or  property  in 
consequence  of  such  neglect. 

§  376.  If,  in  consequence  of  any  graded  street  or  public  highway,  improved 
under  the  provisions  of  this  chapter,  being  out  of  repair,  and  in  a  condition  to 
endanger  persons  or  animals  passing  therein,  any  person  while  carefully  using 
such  street  or  public  highway,  and  exercising  ordinary  care  to  avoid  such  danger, 
suffer  damage  to  his  person,  or  if  any  animals  or  other  property,  being  lawfully 
ridden,  driven,  or  conveyed  through  such  street  or  public  highway,  be  injured, 
lost,  or  destroyed  through  any  such  defect  therein,  no  recourse  for  damages  thus 
suffered  shall  be  had  against  the  city ;  but  if  such  defect  in  such  street  or  public 
highway  shall  have  existed  for  a  period  of  twenty-four  hours  or  more  after 
notice  to  the  street  superintendent,  then  the  street  superintendent,  and  also  all 
other  officers  through  whose  official  negligence  such  defect  shall  have  remained 
unrepaired,  shall  jointly  and  severally  be  liable  to  the  party  injured  for  the 
damages  so  sustained. 

§  377.  The  city  council  shall  have  power  to  appoint  a  city  engineer,  and  by 
ordinance  to  prescribe  his  duties  and  fix  his  compensation,  not  to  exceed  eighteen 
hundred  dollars  per  annum.  It  shall  be  the  duty  of  the  city  engineer  to  do  the 
surveying  and  other  work  necessary  to  be  done  by  law  or  any  ordinance  of  said 
city,  and  to  survey,  measure,  and  estimate  the  work  done  and  to  be  done  under 
contracts  for  grading  streets ;  and  every  certificate  of  work  done  by  him,  signed 
in  his  official  capacity,  shall  be  prima  facie  evidence  in  all  the  courts  of  this 
state  of  the  truth  of  its  contents;  he  shall  also  keep  a  record  of  all  surveys 
made  by  him. 

§  378.  The  treasurer  shall  receive  and  pay  out  all  moneys  belonging  to  the 
city,  and  keep  an  account  of  all  receipts  and  expenditures,  under  such  regula- 
tions as  may  be  prescribed  by  ordinance ;  he  shall  make  a  monthly  statement  to 
the  council  of  the  receipts  and  expenditures  of  the  preceding  month,  and  in  his 
capacity  as  city  clerk  he  shall  keep  all  the  papers  and  documents  belonging  to 
the  city,  attend  the  meetings  of  the  council,  and  keep  a  journal  of  their  proceed- 
ings, and  a  record  of  all  their  ordinances,  and  shall  do  all  other  things  required 
of  him  by  ordinances. 

§  379.  It  shall  be  the  duty  of  the  several  elected  and  appointed  officers  of 
said  city,  whenever  required  by  the  city  council,  to  make  reports  to  the  said 
council,  and  in  the  manner  required  of  them,-  and  in  their  reports  to  embody  all 
the  matters  and  information  required  pertaining  to  the  duties  of  their  respect- 
ive offices. 

§  380.  The  city  council  may  provide  by  ordinance  for  the  election  or  appoint- 
ment of  any  other  officer  or  officers  necessary  for  the  good  government  of  the 
city,  and  the  proper  administration  of  the  public  interest,  and  shall  prescribe 
their  duties  and  terms  of  office,  and  fix  their  compensation. 

ARTICLE   V. JUDICIAL   DEPARTMENT. 

§  390.  The  judicial  poAver  of  the  city  shall  be  vested  in  a  police  court,  to  be 
held  therein  by  the  city  justices,  or  one  of  them,  to  be  designated  by  the  mayor, 
but  either  of  said  city  justices  may  hold  such  court  without  such  designation, 


MUNICIPAL  CORPORATIONS— SECOND  CLASS— JUDICIAL  DEPARTMENT.  839 

and  it  is  hereby  made  the  duty  of  such  city  justices,  in  addition  to  the  duties 
now  required  of  them  by  law,  to  hold  said  police  court. 

§  391,  The  police  court  shall  have  exclusive  jurisdiction  of  the  following 
public  offenses  committed  in  the  city: 

1.  Petit  larceny; 

2.  Assault  or  battery,  not  charged  to  have  been  committed  upon  a  public 
officer  in  the  discharge  of  official  duty,  or  with  intent  to  kill ; 

3.  Breaches  of  the  peace,  riots,  affrays,  committing  wilful  injury  to  property, 
and  all  misdemeanors  punishable  by  fine  or  by  imprisonment,  or  by  both  such 
fine  and  imprisonment; 

4.  Of  proceedings  respecting  vagrants,  lewd  or  disorderly  persons. 

§  392.  Said  court  shall  also  have  exclusive  jurisdiction  of  all  proceedings  for 
violation  of  any  ordinance  of  said  city,  both  civil  and  criminal,  and  of  an  action 
for  the  collection  of  any  license  required  by  any  ordinance  of  said  city. 

§  393.  Neither  of  said  justices  shall  sit  in  cases  in  which  he  is  a  party,  or  in 
which  he  is  interested-,  or  where  he  is  related  to  either  party  by  consanguinity 
or  affinity  within  the  third  degree,  and  in  case  of  the  sickness  or  inability  of  the 
city  justices,  either  of  them  may  call  in  a  justice  of  the  peace  residing  in  the 
county  to  act  in  his  place  and  stead. 

§  394.  Each  of  the  city  justices,  while  acting  as  judge  of  said  court,  shall  also 
have  power  to  hear  cases  for  examination,  and  may  commit  and  hold  the  offender 
to  bail  for  trial  in  the  proper  court,  and  may  try,  condemn,  or  acquit,  and  carry 
his  judgment  into  execution  as  the  case  may  require,  according  to  law,  and 
punish  persons  guilty  of  contempt  of  court;  and  shall  have  power  to  issue  war- 
rants of  arrest  in  case  of  a  criminal  prosecution  for  a  violation  of  a  city  ordi- 
nance, as  well  as  in  case  of  the  violation  of  the  criminal  law  of  the  state;  also 
all  subpoenas,  and  all  other  processes  necessary  to  the  full  and  proper  exercise 
of  his  powers  and  jurisdiction,  and  in  such  of  the  cases  enumerated  in  this  sec- 
tion in  which  trial  by  jury  is  not  secured  by  the  constitution  of  the  state,  he  may 
proceed  to  judgment  in  the  first  instance  without  a  jury,  but  on  appeal  the 
defendant  shall  be  entitled  to  trial  by  jury  in  the  superior  court. 

§  395.  The  police  court  shall  have  a  clerk,  to  be  appointed  by  the  city  coun- 
cil, upon  the  nomination  of  the  mayor,  who  shall  hold  office  during  the  pleasure 
of  the  council.  The  clerk  shall  keep  a  record  of  the  proceedings  of  and  issue  all 
process  ordered  by  the  city  justices,  or  either  of  them,  or  by  said  police  court, 
and  receive  and  pay  weekly  into  the  city  treasury  all  fines  imposed  by  said  court. 
He  shall  also  each  month  render  to  the  mayor  (as  auditor)  an  exact  and  detailed 
account,  upon  oath,  of  all  fines  imposed  and  collected,  and  all  fines  imposed  and 
uncollected,  since  his  last  report.  He  shall  prepare  bonds,  justify  bail,  when 
the  amount  has  been  fixed  by  either  of  the  city  justices  or  said  court,  in  cases 
not  exceeding  one  hundred  dollars,  and  may  administer  oaths.  The  clerk  shall 
remain  at  the  court-room  of  said  court  during  business  hours,  and  during  such 
reasonable  times  thereafter  as  may  be  necessary  for  discharging  his  duty.  Before 
receiving  his  salary,  each  or  any  month,  he  shall  make  and  file  with  the  auditor 
an  affidavit  that  he  has  deposited  with  the  city  treasurer  all  monej^s  that  have 
come  to  his  hands  belonging  to  the  city.  Any  violation  of  this  provision  shall  be 
a  misdemeanor.     He  shall  give  a  bond  in  the  sum  of  five  thousand  dollars,  with 


S40         MUNICIPAL  CORPORATIONS— SECOND   CLASS— JUrJICIAL,  DEPARTMENT. 

at  least  two  sureties  to  be  approved  by  the  mayor,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office. 

§  396.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in  the  police 
court  shall  be  paid  into  the  city  treasury  on  the  first  Tuesday  of  each  month ; 
and  all  bills  for  fees  and  costs  due  the  officers  of  said  court  shall  be  reported  to 
the  city  council  each  month. 

§  397.  The  city  council  shall  furnish  a  suitable  room  for  the  holding  of  said 
court,  and  shall  also  furnish  the  necessary  dockets  and  blanks.  One  docket  shall 
be  styled  ''The  City  Criminal  Docket,"  in  which  all  the  criminal  business  shall  be 
recorded,  and  each  case  shall  be  alphabetically  indexed;  another  docket  shall 
be  styled  "The  City  Civil  Docket,"  and  it  shall  contain  each  and  every  civil 
case  in  which  the  city  is  a  party,  or  which  is  prosecuted  or  defended  for  her 
interest,  and  each  case  shall  be  properly  indexed.  A  third  docket  shall  contain 
all  the  other  business  appertaining  to  the  office  of  said  city  justice,  and  in  all 
cases  the  docket  shall  contain  all  such  entries  as  are  required  by  law  to  be  made 
in  justices'  dockets;  and  in  any  case  tried  before  the  court,  the  docket  must 
show  what  duties  were  performed  by  any  officer  of  the  court,  and  the  amount 
of  the  fees  due  to  the  officer  for  such  services,  and  what  amount  of  money,  if 
any,  collected. 

§  398.  The  police  court  shall  be  always  open,  except  upon  non-judicial  days, 
and  then  for  such  purposes  only  as  by  law  permitted  or  required  of  other  courts 
of  this  state. 

§  399.  Appeals  may  be  taken  from  any  judgment  of  said  police  court,  to  the 
superior  court  of  the  county  in  which  such  city  may  be  situated,  in  the  same 
manner  in  which  appeals  are  taken  from  justices'  courts  in  like  cases. 

§  400.  In  all  cases  of  imprisonment  of  persons  convicted  in  said  police  court 
of  any  offense  committed  in  the  city,  the  persons  so  to  be  imprisoned,  or  by 
ordinance  required  to  labor,  shall  be  imprisoned  in  the  city  jail,  or  if  required 
to  labor,  shall  labor  in  the  city. 

§  401.  Said  court  shall  have  a  seal,  to  be  furnished  by  the  city. 
§  402.  The  city  justices  shall,  on  the  first  Tuesday  of  each  month,  make  to  the 
city  council  a  full  and  complete  report  of  all  the  cases,  civil  and  criminal,  in 
which  the  city  has  an  interest,  or  which  are  required  to  be  entered  in  the  city 
civil  docket,  or  the  city  criminal  docket ;  such  report  to  be  made  upon  blanks  to 
be  furnished  by  the  city  council,  and  in  such  form  as  they  may  require. 

§  403.  Certified  transcripts  of  the  dockets,  made  by  the  clerk  of  said  court, 
under  the  seal  of  said  court,  shall  be  evidence  in  any  court  of  this  state  of  the 
contents  of  said  docket;  and  all  warrants  and  other  process  issued  out  of  said 
court,  and  all  acts  done  by  said  court,  and  certified  under  its  seal,  shall  have  the 
same  force  and  validity  in  any  part  of  this  state  as  though  issued  or  done  by 
any  court  of  record  of  this  state. 

ARTICLE   VI. — EDUCATIONAL  DEPARTMENT. 

§  410.  The  government  of  the  school  department  of  the  city  shall  be  vested 
in  a  board  of  education,  to  consist  of  seven  members,  to  be  called  school  directors. 
One  school  director  shall  be  elected  from  each  ward  at  the  regular  municipal 
election,  by  the  vote  of  the  city  at  large,  and  shall  hold  office  for  the  term  of 


MUNICIPAL    CORPORATIONS— SECOND    CLASS— BOARD    OF   EDUCATION.  841 

four  years,  and  until  his  successor  is  elected  and  qualified;  provided,  that  the 
first  board  of  education  elected  under  the  provisions  of  this  chapter  shall,  at 
their  first  meeting,  so  classify  themselves  by  lot  as  that  three  of  their  number 
shall  go  out  of  office  at  the  expiration  of  two  years,  and  four  at  the  expiration 
of  four  years. 

§  411.  The  board  of  education  shall  meet  on  the  first  Monday  after  their 
election,  and  elect  one  of  their  number  president,  and  shall  hold  meetings  at 
least  once  in  each  month  thereafter  at  such  times  as  shall  be  determined  by  a 
rule  of  said  board.  A  majority  of  all  the  members  elected  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  smaller  number  may  adjourn  from 
time  to  time.  The  board  may  determine  the  rules  of  its  proceedings.  Its  sessions 
shall  be  public,  and  its  records  shall  be  open  to  public  inspection.  The  board 
shall  also  have  power  to  fill  all  vacancies  occurring  in  the  board  until  the  next 
regular  municipal  election. 

§  412.     The  board  of  education  shall  have  sole  power: 

1.  To  establish  and  maintain  public  schools,  and  to  establish  school  districts, 
and  to  fix  and  alter  the  boundaries  thereof. 

2.  To  employ  and  dismiss  teachers,  janitors,  and  school  census  marshals,  and 
to  fix,  alter,  allow  and  order  paid  their  salaries  or  compensation,  and  to  employ 
and  pay  such  mechanics  and  laborers  as  may  be  necessary  to  carry  into  effect 
the  powers  and  duties  of  the  board,  and  to  withhold,  for  good  and  sufficient 
cause,  the  whole  or  any  part  of  the  salary  or  wages  of  any  person  or  persons 
employed  as  aforesaid. 

3.  To  make,  establish,  and  enforce  all  necessary  and  proper  rules  and  regula- 
tions, not  contrary  to  law,  for  the  government  and  progress  of  public  schools 
within  the  city,  the  teachers  thereof,  and  the  pupils  therein,  and  for  carrying 
into  effect  the  laws  relating  to  education ;  also  to  establish  and  regulate  the  grade 
of  schools,  and  determine  what  text-books,  courses  of  study,  and  mode  of  instruc- 
tion shall  be  used  in  said  schools. 

4.  To  provide  for  the  school  department  of  the  city  fuel  and  lights,  w^ater, 
blanks,  blank-books,  printing  and  stationery,  and  to  incur  such  other  incidental 
expenses  as  may  be  deemed  necessary  by  said  board. 

5.  To  build,  alter,  repair,  rent,  and  provide  school-houses,  and  furnish  them 
with  proper  school  furniture,  apparatus,  and  appliances,  and  to  insure  any  and 
all  such  school  property. 

6.  To  receive,  purchase,  lease,  and  hold  in  fee,  in  trust  for  the  city,  any  and 
all  real  estate,  and  to  hold  in  trust  any  personal  property  that  may  have  been 
acquired,  or  may  hereafter  be  acquired,  for  the  use  and  benefit  of  the  public 
schools  of  the  city;  provided,  that  no  real  estate  shall  be  bought,  sold,  or  ex- 
changed, or  expenditures  incurred  for  the  construction  of  new  school-houses 
without  the  consent  of  four  members  of  the  board  of  education  and  four  mem- 
bers of  the  city  council;  and  provided  further,  that  the  proceeds  of  any  such 
sale  or  exchange  of  real  estate  shall  be  exclusively  applied  to  the  purchase  of 
other  lots,  or  the  erection  of  school-houses;  and  the  city  council  of  the  city  is 
hereby  authorized  and  required  to  make  over  to  said  board  of  education,  upon 
application  in  writing  by  said  board,  through  its  president  and  secretary,  by 
good  and  sufficient  deeds  of  conveyance,  all  property,  both  real  and  personal, 
now  held  by  said  city  council  in  trust  for  the  city  for  the  use  and  benefit  of  the 


842  MUNICIPAL,    CORPORATIONS— SECOND    CLASS— BOARD    OF   EDUCATION. 

public  schools;  and  the  said  board  is  hereby  authorized  to  defray  all  expenses 
attending  the  same. 

7.  To  grade,  fence,  and  improve  all  school  lots,  and  in  front  thereof  to  grade, 
sewer,  plank,  or  pave  and  repair  streets,  and  to  construct  and  repair  sidewalks, 

8.  To  sue  for  any  and  all  lots,  land  and  property  belonging  to  or  claimed  by 
the  said  school  department,  and  to  prosecute  and  defend  all  actions  at  law  or  in 
equity  necessary  to  recover  and  maintain  the  full  enjoyment  and  possession  of 
said  lots,  lands,  and  property. 

9.  To  determine  annually  the  amount  of  money  required  for  the  support  of 
the  public  schools,  and  for  carrying  into  effect  all  the  provisions  of  law  in  refer- 
ence thereto;  and  in  pursuance  of  this  provision  the  board  shall,  on  or  before 
the  first  Monday  in  February  of  each  year,  submit  in  writing  to  the  city  council 
a  careful  estimate  of  the  whole  amount  of  money  to  be  received  from  the  state 
and  county,  and  the  amount  required  from  the  city  for  the  above  purposes,  and 
the  amount  so  found  to  be  required  from  the  city  shall,  by  the  city  council,  be 
added  to  the  other  amounts  to  be  assessed  and  collected  for  city  purposes;  pro- 
vided, that  the  amount  to  be  thus  assessed  for  school  purposes  shall  not  exceed 
thirty  cents  on  each  one  hundred  dollars  valuation  upon  the  assessment  roll, 
but  may  be  increased  to  forty  cents  by  consent  of  two  thirds  of  the  city  council, 
and  that  when  collected  it  shall  be  immediately  paid  into  the  school  fund,  to  be 
drawn  out  only  upon  the  order  of  the  board  of  education. 

10.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all  moneys 
belonging  to  the  public  school  fund. 

11.  To  examine  and  allow,  in  whole  and  in  part,  every  demand  payable  out  of 
the  school  fund,  or  to  reject  any  such  demands  for  good  cause. 

12.  To  discharge  all  legal  encumbrances  now  existing,  or  w'hich  may  here- 
after exist,  upon  any  school  property. 

13.  To  prohibit  any  child  under  six  years  of  age  from  attending  the  public 
schools. 

14.  And  generally  to  do  and  perform  such  other  acts  as  may  be  necessary  and 
proper  to  carry  into  force  and  effect  the  powers  conferred  on  said  board,  and 
to  increase  the  efficiency  of  the  public  schools  in  said  city. 

§  413.  The  president  of  the  board  of  education  shall  have  power  to  administer 
oaths  and  affirmations  concerning  any  demand  upon  the  treasury  payable  out 
of  the  school  fund,  or  other  matters  relating  to  his  official  duties. 

§  414.  All  contracts  for  building  shall  be  given  to  the  lowest  bidder  therefor 
offering  adequate  security,  to  be  determined  by  the  board,  after  due  public 
notice  published  for  not  less  than  ten  days  in  one  daily  paper  of  the  city. 

§  415.  No  school  director  or  superintendent  shall  be  interested  in  any  con- 
tract pertaining  in  any  manner  to  the  school  department  of  said  city.  All  con- 
tracts in  violation  of  this  section  are  declared  void,  and  any  director  or  super- 
intendent violating  or  aiding  in  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  misdemeanor,  and  shall  be  punished  by  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars. 

§  416.  No  teacher  shall  be  employed  in  any  of  the  public  schools  without 
having  a  certificate  issued  under  the  provisions  of  this  chapter.  For  the  pur- 
pose of  granting  the  certificates  required,  the  board  of  education  shall  appoint  a 


MUNICIPAL    CORPORATIONS — SECOND    CLASS — BOARD    OF   EXAMINERS.  »43 

city  board  of  examination.  The  city  board  of  examination  shall  consist  of  the 
school  superintendent  and  four  other  persons,  residents  of  such  city,  at  least  two 
of  whom  shall  be  experienced  teachers.  The  members  of  the  city  board  of  exam- 
ination shall  receive  for  their  services  such  compensation  as  may  be  fixed  by 
the  board  of  education.     Such  city  board  of  examination  shall  have  power: 

1.  To  adopt  rules  and  regulations  not  inconsistent  with  the  laws  of  this  state 
for  its  own  government,  and  for  the  examination  of  teachers. 

2.  To  examine  applicants,  and  to  prescribe  a  standard  of  proficiency  which 
will  entitle  the  person  examined  to  a  certificate. 

3.  To  grant  city  certificates  of  three  grades: 

1.  High  school  certificates,  valid  for  six  years,  and  authorizing  the  holder 
to  teach  any  primary,  grammar,  or  high  school  in  such  city; 

2.  City  certificates,  first  grade,  valid  for  four  years,  and  authorizing  the 
holder  to  teach  any  primary  or  grammar  school  in  such  city; 

3.  City  certificates,  second  grade,  valid  for  two  years,  and  authorizing  the 
holder  to  teach  any  primary  school  in  such  city; 

4.  Without  examination,  to  grant  city  certificates  and  fix  the  grade  thereof 
to  the  holders  of  state  life  diplomas,  state  educational  diplomas,  state  normal 
school  diplomas,  state,  university  diplomas  (when  recommended  by  the  faculty 
of  the  university),  state  certificates,  city  certificates  granted  in  other  cities  of 
this  state,  and  life  diplomas,  and  state  normal  school  diplomas  of  other  states ; 

5.  To  revoke  or  suspend  for  immoral  or  unprofessional  conduct,  profanity, 
intemperance,  or  evident  unfitness  for  teaching,  any  certificate  granted  by  them. 

§  417.  The  school  superintendent  shall  act  as  secretary  and  bookkeeper  of 
the  board  of  education,  and  perform  all  clerical  duties  required  by  such  board. 
In  the  absence  of  the  superintendent,  the  board  of  education  may  appoint  one 
of  their  own  number  to  act  as  secretary.  The  school  superintendent  may  appoint 
an  asistant  at  a  salary  of  one  hundred  dollars  per  month.  The  superintendent 
may,  for  a  good  and  sufficient  cause,  provisionally  suspend  any  teacher  em- 
ployed in  the  schools  of  such  city  until  the  next  meeting  of  the  board  of 
education. 

§  418.  The  superintendent  shall  report  to  the  board  of  education  annually, 
and  at  such  other  times  as  they  may  require,  all  matters  pertaining  to  the  ex- 
penditures, income  and  condition  and  progress  of  the  public  schools  of  said  city 
during  the  preceding  year,  with  such  recommendations  as  he  may  deem  proper. 

§  419,  It  shall  be  the  duty  of  the  superintendent  to  visit  and  examine  each 
school  at  least  once  a  month,  to  observe,  and  cause  to  be  observed,  such  general 
rules  for  the  regulation  and  government  and  instruction  of  the  schools,  not 
inconsistent  with  the  laws  of  the  state,  as  may  be  established  by  the  board  of 
education;  to  attend  the  sessions  of  the  board,  and  inform  them  at  each  session 
of  the  condition  of  the  public  schools,  school-houses,  school  fund,  and  other 
matters  connected  therewith,  and  to  recommend  such  measures  as  he  may  deem 
necessary  for  the  advancement  of  education  in  the  city.  He  shall  acquaint  him- 
self with  all  the  laws,  rules,  and  regulations  governing  the  public  schools  in  said 
city,  and  the  judicial  decisions  thereon,  and  give  advice  on  subjects  connected 
with  the  public  schools,  gratuitiously,  to  officers,  teachers,  pupils,  and  their 
parents  and  guardians. 


S44     MUNICIPAL   CORPORATIORTS— SECOND   CLASS— SCHOOL   FUND— APPLICATION. 

§  420.  In  case  of  vacancy  in  the  office  of  superintendent,  the  board  of  educa- 
tion shall  have  power  to  fill  the  vacancy  until  the  next  ensuing  municipal 
election. 

§  421.  The  school  fund  of  the  city  shall  consist  of  all  moneys  received  from 
the  state  school  fund;  of  all  moneys  arising  from  taxes  which  shall  be  levied 
annually  by  the  city  council  of  the  city  for  school  purposes;  of  all  moneys 
arising  from  the  sale,  rent,  or  exchange  of  any  school  property,  and  of  such 
other  moneys  as  may,  from  any  source  whatever,  be  paid  into  said  school  fund ; 
which  fund  shall  be  kept  separate  and  distinct  from  all  other  moneys,  and 
shall  only  be  used  for  school  purposes  under  the  provisions  of  this  chapter.  If, 
at  the  end  of  any  fiscal  year,  any  surplus  remains  in  the  school  fund,  such 
surplus  money  shall  be  carried  forward  to  the  school  fund  of  the  next  fiscal 
year,  and  shall  not  be,  for  any  purpose  whatever,  diverted  or  withdrawn  from 
said  fund,  except  under  the  provisions  of  this  chapter. 

§  422.  The  said  school  fund  shall  be  used  and  applied  by  said  board  of  edu- 
cation for  the  following  purposes,  to  wit : 

1.  For  the  payment  of  the  salaries  or  w^ages  of  teachers,  janitors,  school 
census  marshals,  and  other  persons  who  may  be  employed  by  said  board; 

2.  For  the  erection,  alteration,  repairs,  rent,  and  furnishing  of  school-houses ; 

3.  For  the  purchase  money  or  rent  of  any  real  or  personal  property  purchased 
or  leased  by  said  board ; 

4.  For  the  insurance  of  all  property; 

5.  For  the  discharge  of  all  legal  encumbrances  on  any  school  property; 

6.  For  lighting  school-rooms  and  the  offices  and  rooms  of  the  superintendent 
and  board  of  education; 

7.  For  supplying  the  schools  with  fuel,  water,  apparatus,  blanks,  blank-books, 
and  necessary  school  appliances,  together  with  books  for  indigent  children ; 

8.  For  supplying  books,  printing  and  stationery  for  the  use  of  the  superin- 
tendent and  board  of  education,  and  for  the  incidental  expenses  of  the  board  and 
department; 

9.  For  the  payment  of  the  salary  of  the  superintendent  and  assistant  super- 
intendent ; 

10.  For  grading  and  improving  all  school  lots,  and  for  grading,  sewering, 
planking,  or  paving  and  repairing  streets,  and  constructing  and  repairing  side- 
walks in  front  thereof. 

§  423.  All  claims  payable  out  of  the  school  fund  shall  be  filed  with  the  secre- 
tary of  the  board,  and  after  they  shall  have  been  approved  by  a  majority  of  all  the 
members-elect  of  said  board,  upon  a  call  of  the  ayes  and  noes,  which  shall  be 
recorded,  they  shall  be  signed  by  the  president  of  the  board  and  by  the  super- 
intendent, and  be  sent  to  the  city  treasurer.  Every  demand  shall  have  indorsed 
upon  it  a  certificate  of  its  approval.  All  demands  for  salaries  shall  be  paid 
monthly. 

§424.  All  demands  authorized  by  this  article  shall  be  paid  by  the  city 
treasurer  from  the  school  fund,  when  the  same  shall  be  presented  to  him,  ordered 
paid,  and  approved  by  the  board;  provided,  that  the  said  board  shall  not  have 
power  to  contract  any  debt  or  liabilities,  in  any  form  whatsoever,  against  the 
said  city,  in  contravention  of  this  article,  or  exceeding  in  any  year  the  income 
and  revenue  provided  for  the  school  fund  for  such  year. 


MUNICIPAL     CORPORATIOIVS— THIRD     CLASS— GENERAL,     POWDERS.  845 

§  425.  It  shall  be  the  duty  of  the  auditor  of  the  county  in  which  any  such 
city  may  be  situated,  upon  the  first  Monday  in  each  month,  and  at  such  other 
times  as  he  may  deem  proper,  to  certify  in  duplicate  to  the  superintendent  of 
schools  of  such  county,  the  amount  of  school  moneys  at  that  time  in  the  county 
treasury,  and  the  amount  received  during  the  previous  month.  The  county 
superintendent  shall,  upon  receipt  of  such  certificates,  indorse  upon  one  of 
them  the  amount  of  such  moneys  to  which  the  common  schools  in  such  city  are 
entitled.  The  certificate  so  indorsed  shall  at  once  be  returned  to  said  auditor, 
who  shall  direct  upon  the  same  the  county  treasurer  to  pay  the  sum  designated 
upon  such  certificate  to  the  treasury  of  such  city  for  the  use  of  the  school  fund 
thereof. 

§  426.  The  treasurer  of  such  county  shall  thereupon  pay  to  the  treasurer  of 
such  city  the  sum  directed  by  the  auditor  as  above  provided;  and  when  said 
moneys  are  placed  in  such  city  school  fund,  they  shall  be  used  in  precisely  the 
same  manner  as  moneys  raised  by  city  school  taxes  in  such  city;  provided,  that 
the  entire  revenue  derived  by  such  city  from  the  state  school  fund,  and  the 
state  school  tax,  shall  be  applied  by  said  board  of  education  exclusively  to  the 
support  of  primary  and  grammar  schools. 

CHAPTER  IV. 

Municipal  Corporations  of  the  Third  Class. 
(A  charter  for  cities  having  a  population  of  more  than  fifteen  thousand  and  not 

exceeding  thirty  thousand.) 

ARTICLE   I. — GENERAL  POWERS. 

§  500.     Every  municipal  corporation  of  the  third  class  shall  be  entitled  the 

city  of (naming  it),  and  by  such  name  shall  have  perpetual  succession, 

may  sue  and  be  sued  in  all  courts  and  places,  and  all  proceedings  whatever; 
shall  have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the  city  authori- 
ties, and  may  purchase,  lease,  receive,  hold,  and  enjoy  real  and  personal  prop- 
erty, and  control  and  dispose  of  the  same  for  the  common  benefit. 

ARTICLE  n. GENERAL  PROVISIONS   RELATING   TO   OFFICERS. 

§  501.  The  government  of  such  city  shall  be  vested  in  a  mayor ;  a  common 
council,  to  consist  of  seven  aldermen;  a  board  of  education,  to  consist  of  seven 
school  directors;  a  police  judge;  an  assessor;  a  clerk,  who  shall  be  ex  officio 
auditor;  a  treasurer;  a  superintendent  of  streets;  a  tax  and  license  collector; 
a  water-rate  collector;  a  city  attorney,  and  such  other  and  inferior  officers  as 
the  common  council  may  appoint. 

§  502.  The  aldermen,  mayor,  police,  judge,  city  attorney,  and  assessor  shall 
be  elected  by  the  qualified  electors  of  such  city,  at  a  general  municipal  election 
to  be  held  therein  on  the  second  Tuesday  in  March,  in  each  even-numbered 
year.  The  mayor,  police  judge,  city  attorney,  and  assessor  shall  hold  office  for 
the  period  of  two  years  from  and  after  the  Monday  next  succeeding  the  day 
of  such  election,  and  until  their  successors  are  elected  and  qualified.  The  mem- 
bers of  the  common  council  and  board  of  education  shall  hold  office  for  the 
period  of  four  years  from  and  after  the  Monday  next  succeeding  the  day  of 
such  election,  and  until  their  successors  are  elected  and  qualified;  provided, 
that  the  first  common  council  elected  under  the  provisions  of  this  chapter  shall, 


846  MUNICIPAL    CORPORATIONS— THIRD    CLASS— COUNCIL— ALDERMEN. 

at  their  first  meeting,  so  classify  themselves  by  lot  as  that  three  of  their  number 
shall  go  out  of  office  at  the  expiration  of  two  years,  and  four  at  the  expiration  of 
four  years;  and  provided  further,  that  the  first  board  of  education  elected 
under  the  provisions  of  this  chapter  shall,  at  their  first  meeting,  so  classify  them- 
selves by  lots  as  that  three  of  their  number  shall  go  out  of  office  at  the  expiration 
of  two  years,  and  four  at  the  expiration  of  four  years. 

§  503.  All  other  officers,  except  as  otherwise  in  this  chapter  provided,  shall 
be  appointed  by  the  common  council,  upon  the  nomination  of  the  mayor,  and 
shall  hold  office  for  the  period  of  two  years  from  and  after  the  date  of  such 
appointment,  and  until  their  successors  are  appointed,  elected,  and  qualified. 

§  504.  The  common  council  shall,  by  ordinance,  determine  what  officers  shall 
give  bonds  for  the  faithful  performance  of  their  duties,  and  fix  the  amount  of 
such  bond;  and  each  of  such  officers  shall,  before  entering  upon  the  duties  of 
his  office,  execute  a  bond  to  such  city  in  such  penal  sum  as  the  common  council 
by  ordinance  may  determine,  conditioned  for  the  faithful  performance  of  his 
duties,  including  in  the  same  bond  the  duties  of  all  offices  of  which  he  is  made 
by  this  chapter  ex  officio  incumbent.  Such  bond  shall  be  approved  by  the 
common  council.  All  bonds,  when  approved,  shall  be  filed  with  the  clerk,  except 
the  bond  of  the  clerk,  if  any,  which  shall  be  filed  with  the  mayor.  All  the 
provisions  of  any  law  of  this  state  relating  to  the  official  bonds  of  officers  shall 
apply  to  such  bonds  except  as  herein  otherwise  provided.  Every  officer  of  such 
city,  before  entering  upon  the  duties  of  his  office,  shall  take  and  file  with  the 
clerk  the  constitutional  oath  of  office. 

§  505.  Any  vacancy  occurring  in  any  of  the  offices  provided  for  in  this 
chapter,  except  in  the  office  of  school  director,  shall  be  filled  by  appointment 
by  the  common  council  upon  the  nomination  of  the  mayor,  but  if  such  office 
be  elective,  such  appointee  shall  hold  office  only  until  the  next  regular  election, 
at  which  time  a  person  shall  be  elected  to  serve  for  the  remainder  of  such 
unexpired  term. 

§  506.  The  aldermen  and  school  directors  shall  receive  no  compensation  what- 
ever. The  annual  salaries  of  other  officers  shall  be  as  follows:  Mayor,  one 
thousand  two  hundred  dollars;  police  judge,  one  thousand  eight  hundred  dol- 
lars; assessor,  one  thousand  eight  hundred  dollars;  city  attorney,  one  thousand 
five  hundred  dollars;  street  superintendent,  one  thousand  two  hundred  dollars; 
clerk  and  auditor,  one  thousand  five  hundred  dollars;  tax  and  license  collector, 
one  thousand  two  hundred  dollars;  treasurer,  one  thousand  dollars;  water-rate 
collector,  one  thousand  two  hundred  dollars;  school  superintendent,  one  thou- 
sand five  hundred  dollars;  all  of  which  salaries  shall  be  paid  monthly. 

§  507.  All  elections  in  such  city  shall  be  held  in  accordance  with  the  general 
election  law  of  the  state,  so  far  as  the  same  may  be  made  applicable;  and  no 
person  shall  be  entitled  to  vote  at  such  election  unless  he  shall  be  a  qualified 
elector  of  the  county,  enrolled  upon  the  great  register  thereof,  and  shall  have 
resided  in  such  city  for  at  least  thirty  days  next  preceding  such  election.  The 
common  council  shall  give  such  notice  of  each  election  as  may  be  prescribed 
by  ordinance,  shall  appoint  boards  of  election,  and  fix  their  compensation,  and 
establish  and  change  election  precincts  and  polling  places;  provided,  that  no 
part  of  any  ward  less  than  the  whole  thereof  shall  be  attached  to  any  other 


MUNICIPAL  CORPORATIONS— THIRD   CLASS — LEGISLATIVE   DEPARTMENT.        847 

ward,  or  part  thereof,  in  forming  election  precincts.  At  any  municipal  election 
the  last  printed  great  register  of  the  county  shall  be  used,  and  any  elector  whose 
name  is  not  upon  such  printed  register  shall  be  entitled  to  vote  upon  producing 
and  filing  with  the  board  of  election  a  certificate,  under  the  hand  and  official 
seal  of  the  county  clerk,  showing  that  his  name  is  registered  and  uncanceled 
upon  the  great  register  of  such  county,  provided  that  he  is  otherwise  entitled 
to  vote. 

§  508.  No  person  shall  be  eligible  to  or  hold  any  office  in  such  city,  whether 
filled  by  election  or  appointment,  unless  he  be  a  resident  and  elector  therein, 
and  shall  have  resided  in  such  city  for  one  year  next  preceding  the  date  of 
such  election  or  appointment;  provided,  however,  that  the  provisions  of  this 
section  shall  not  apply  to  school  superintendents  or  school  teachers.  One  alder- 
man and  one  school  director  shall  be  elected  from  each  ward,  and  the  person 
so  elected  must  be  a  resident  of  the  ward  from  which  he  is  so  elected,  and 
continue  to  be  such  resident  during  his  term  of  office,  and  if  he  shall  fail  to  so 
continue  a  resident  of  such  ward,  his  office  shall,  by  reason  thereof,  immediately 
become  vacant. 

.  §  509.  The  trustees  of  any  free  public  library  created  or  existing  in  such 
city  under  the  provisions  of  an  act  entitled  "An  act  to  establish  free  public 
libraries  and  reading-rooms,"  approved  April  twentj^-sixth,  eigh4;een  hundred 
and  eighty,  shall  be  appointed  by  the  council  in  the  same  manner  as  other 
officers  are  appointed  under  the  provisions  of  this  chapter,  anything  in  the 
provisions  of  said  act  to  the  contrary  notwithstanding. 

ARTICLE  III. — LEGISLATIVE  DEPARTMENT. 

§  520.  The  common  council  shall  meet  on  the  Monday  next  succeeding  the 
date  of  said  general  municipal  election,  and  shall  hold  regular  meetings  at  lea.st 
once  in  each  month,  at  such  times  as  they  shall  fix  by  ordinance.  Special  meet- 
ings may  be  called  at  any  time  by  the  mayor,  or  by  three  aldermen,  by  written 
notice  delivered  to  each  member  at  least  three  hours  before  the  time  specified 
for  the  proposed  meeting.  All  meetings  of  the  common  council  shall  be  held 
within  the  corporate  limits  of  the  city,  at  such  place  as  may  be  designated  by 
ordinance,  and  shall  be  public. 

§  521,  At  any  meeting  of  the  common  council,  a  majority  of  the  aldermen 
shall  con.stitute  a  quorum  for  the  transaction  of  business,  but  a  less  number  may 
adjourn  from  time  to  time,  and  may  compel  the  attendance  of  absent  members 
in  such  manner  and  under  such  penalties  as  may  be  prescribed  by  ordinance. 
The  mayor  shall  preside  at  all  meetings  of  the  council,  and  in  case  of  his  absence, 
the  council  may  appoint  a  president  pro  tempore;  and  in  case  of  the  absence  of 
the  clerk,  the  mayor  or  president  pro  tempore  shall  appoint  one  of  the  mem- 
bers of  the  council  clerk  pro  tempore. 

§  522.  The  common  council  shall  judge  of  the  qualifications  of  its  members, 
and  of  all  election  returns,  and  determine  contested  elections  of  all  city  officers. 
They  may  establish  rules  for  the  conduct  of  their  proceedings,  and  punish  any 
member  or  other  person  for  disorderly  behavior  at  any  meeting.  They  shall 
cause  the  clerk  to  keep  a  correct  journal  of  all  their  proceedings,  and,  at  tho 
desire  of  any  member,  shall  cause  the  ayes  and  noes  to  be  taken  on  any  qu^stioii; 
and  entered  on  the  journal. 


848       MUNICIPAL,  CORPORATIONS— THIRD   CLASS— COMMON   COUNCIL— POWERS. 

§  523.  No  ordinance,  and  no  resolution  or  order  for  the  payment  of  money, 
for  granting  any  franchise,  for  lighting  or  watering  streets,  or  for  supplying 
water  for  municipal  purposes,  shall  he  passed  by  the  common  council  on  the 
day  of  its  introduction,  nor  within  five  days  thereafter,  nor  at  any  other  than  a 
regular  meeting ;  and  no  ordinance,  and  no  such  resolution  or  order,  shall  have 
any  validity  or  effect  unless  passed  by  the  votes  of  at  least  four  aldermen  and 
approved  by  the  mayor;  provided,  that  if  the  mayor  shall  neglect  or  refuse  to 
approve  the  same  within  five  days,  then  the  same  may  be  passed  by  the  votes  of 
five  aldermen,  and  shall  then  take  effect  as  if  approved  by  the  mayor. 

§  524.     The  common  council  of  such  city  shall  have  power : 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution  and  laws  of  this 
state,  or  of  the  United  States. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  personal  property  as  may 
be  necessary  or  proper  for  municipal  purposes,  and  to  control,  dispose  of,  and 
convey  the  same  for  the  benefit  of  the  city;  provided,  that  they  shall  not  have 
power  to  sell  or  convey  any  portion  of  any  water  front. 

3.  To  acquire,  construct,  repair,  and  manage  pumps,  aqueducts,  reservoirs, 
and  other  works  necessary  or  proper  for  supplying  the  city  with  water. 

4.  To  establish,  lay  out,  alter,  open,  keep  open,  improve,  and  repair  streets, 
^  sidewalks,  alleys,  bridges,  squares,  and  other  public  highways  and  places  within 

the  city,  and  to  drain,  sprinkle,  and  light  the  same;  to  remove  all  obstructions 
therefrom;  to  establish  the  grades  thereof;  to  grade,  pave,  macadamize,  gravel, 
and  curb  the  same  in  whole  or  in  part,  and  to  construct  gutters,  culverts,  side- 
walks, and  crosswalks  therein  or  upon  any  part  thereof;  to  cause  to  be  planted, 
set  out,  and  cultivated,  shade  trees  therein;  and  generally  manage  and  control 
all  such  highways  and  places. 

5.  To  construct  and  maintain  drains  and  sewers. 

6.  To  provide  fire-engines  and  all  other  necessary  or  proper  apparatus  for 
the  prevention  and  extinguishment  of  fire,  and  to  construct  and  maintain  tele- 
graph and  telephone  lines  for  fire  and  police  purposes, 

7.  To  impose  on  and  collect  from  every  male  inhabitant  between  the  ages  of 
twenty-one  and  sixty  years  an  annual  street  poll-tax  not  exceeding  two  dollars ; 
and  no  other  road  poll-tax  shall  be  collected  within  the  limits  of  such  city. 

8.  To  impose  and  collect  an  annual  tax,  not  exceeding  two  dollars,  on  every 
dog  owned  or  harbored  within  the  limits  of  the  city ;  and  no  other  dog  tax  shall 
be  collected  within  the  limits  of  such  city. 

9.  To  levy  and  collect  annually  a  property  tax,  not  exceeding  one  dollar  on 
each  one  hundred  dollars  of  the  assessed  value  of  all  real  and  personal  prop- 
erty within  such  city,  which  said  tax  shall  be  apportioned  as  follows :  For  the 
general  fund,  not  exceeding  fifty  cents  on  each  one  hundred  dollars;  for  the 
road  fund,  not  exceeding  twenty-five  cents  on  each  one  hundred  dollars,  and 
for  the  school  fund,  not  exceeding  twenty-five  cents  on  each  one  hundred  dollars ; 
each  of  which  funds  shall  be  kept  separate  from  all  others. 

10.  To  license,  for  purposes  of  regulation  and  revenue,  all  and  every  kind  of 
business  authorized  by  law,  and  transacted  or  carried  on  in  such  city,  and  all 
shows,  exhibitions,  and  lawful  games  carried  on  therein;  to  fix  the  rates  of 
license'  tax  upon  the  same,  and  to  provide  for  the  collection  of  the  same  by  suit 
or  otherwise. 


MUNICIPAL.  CORPORATIONS — THIRD   CLASS— C03IM0N   COUNCIL,— POWERS.        &40 

11.  To  improve  the  rivers  and  streams  flowing  through  such  city,  or  adjoining 
the  same;  to  widen,  straighten,  and  deepen  the  channels  thereof,  and  remove 
obstructions  therefrom ;  to  improve  the  water  front  of  the  city ;  to  construct  and 
maintain  embankments  and  other  works  to  protect  such  city  from  overflow; 
and  to  bridge  any  creek  or  river  so  as  not  to  interfere  with  navigation. 

12.  To  erect  and  maintain  buildings  for  municipal  purposes. 

13.  To  permit,  under  restrictions  as  they  may  deem  proper,  the  laying  of 
railroad  tracks  and  the  running  of  cars  drawn  by  horses,  steam,  or  other  motive 
power  thereon,  and  the  laying  of  gas  and  water  pipes  in  the  public  streets,  and 
the  construction  and  maintenance  of  telegraph  and  telephone  lines  therein. 

14.  To  divide  the  city,  by  ordinance,  into  seven  wards  as  nearly  equal  in 
population  as  may  be,  to  fix  the  boundaries  thereof,  and  to  change  the  same 
from  time  to  time;  provided,  that  no  change  in  the  boundaries  of  any  ward 
shall  be  made  within  sixty  days  next  before  the  date  of  said  general  municipal 
election,  nor  within  twenty  months  after  the  same  shall  have  been  established  or 
altered. 

15.  To  establish  and  regulate  a  fire  department  and  a  police  department,  to 
appoint  and  remove  the  officers  and  employees  thereof,  and  to  prescribe  their 
duties  and  fix  and  order  paid  their  salaries  and  compensation. 

16.  To  appoint  and  remove  such  subordinate  officers  as  they  may  deem  proper, 
and  to  fix  their  duties  and  compensation. 

17.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all  violations  of 
ordinances ;  and  for  any  breach  or  violation  of  any  ordinance,  to  fix  the  penalty 
by  fine  or  imprisonment,  or  both;  but  no  such  fine  shall  exceed  five  hundred 
dollars,  nor  the  term  of  such  imprisonment  exceed  six  months. 

18.  To  cause  all  persons  imprisoned  for  violation  of  any  ordinance  to  labor 
on  the  streets  or  other  public  property  or  works  within  the  city. 

19.  To  do  and  perform  any  and  all  other  acts  and  things  necessary  or  proper 
to  carry  out  the  provisions  of  this  chapter. 

§525.     The  enacting  clause   of  all  ordinances  shall  be  as   follows:    "The 

mayor  and  common  council  of  the  city  of do  ordain  as  follows."     Every 

ordinance  shall  be  signed  by  the  mayor,  attested  by  the  clerk,  and  published 
at  least  five  times  in  a  newspaper  published  in  such  city. 

§  526.  All  demands  against  such  city,  except  for  school  purposes,  shall  be 
presented  to  and  audited  by  the  common  council,  in  accordance  with  such  regu- 
lations as  they  may  by  ordinance  prescribe;  and  upon  the  allowance  of  any 
such  demand,  the  mayor  shall  draw  a  warrant  upon  the  treasurer  for  the  same, 
which  warrant  shall  be  countersigned  by  the  clerk,  and  shall  specify  for  what 
purpose  the  same  is  drawn,  and  out  of  what  fund  it  is  to  be  paid. 

§  527.  The  common  council  shall  not  create,  audit,  allow,  or  permit  to  accrue 
any  debt  or  liability  in  excess  of  the  available  money  in  the  treasury  that  may 
be  legally  apportioned  and  appropriated  for  such  purposes;  provided,  that  any 
city,  during  the  first  year  of  its  existence  under  this  act,  may  incur  such 
indebtedness  or  liability  as  may  be  necessary,  not  exceeding  in  all  the  income 
and  revenue  provided  for  it  for  such  year ;  nor  shall  any  warrant  be  drawn,  or 
evidence  of  indebtedness  be  issued,  unless  there  be  at  the  time  sufficient  money 
in  the  treasury  legally  applicable  to  the  payment  of  the  same,  except  as  herein- 
after provided. 

Gen.  Laws — 54 


850     MUNICIPAL,  CORPORATIONS— THIRD  CLASS— INDEBTEDNESS— ORDINANCES. 

§  528.  If,  at  any  time,  the  common  council  shall  deem  it  necessary  to  incur 
any  indebtedness  in  excess  of  the  money  in  the  treasury  applicable  to  the  pur- 
pose for  which  such  indebtedness  is  to  be  incurred,  they  shall  give  notice  of  a 
special  election  by  the  qualified  electors  of  the  city,  to  be  held  to  determine 
whether  such  indebtedness  shall  be  incurred.  Such  notice  shall  specify  the 
amount  of  indebtedness  proposed  to  be  incurred,  the  purpose  or  purposes  of 
the  same,  and  the  amount  of  money  necessary  to  be  raised  annually  by  taxation 
for  an  interest  and  sinking  fund,  as  hereinafter  provided.  Such  notice  shall 
be  published  for  at  least  three  weeks  in  some  newspaper  published  in  such  city ; 
and  no  other  question  or  matter  shall  be  submitted  to  the  electors  at  such 
election.  If,  upon  a  canvass  of  the  votes  cast  at  such  election,  it  appear  that  not 
less  than  two  thirds  of  all  the  qualified  electors  voting  at  such  election  shall 
have  voted  in  favor  of  incurring  such  indebtedness,  it  shall  be  the  duty  of  the 
common  council  to  pass  an  ordinance  providing  for  the  mode  of  creating  such 
indebtedness,  and  of  paying  the  same;  and  in  each  ordinance  provision  shall 
be  made  for  the  levy  and  collection  of  an  annual  tax  upon  all  the  real  and 
personal  property  subject  to  taxation  within  such  city  sufficient  to  pay  the 
interest  on  such  indebtedness  as  it  falls  due;  and  also  to  constitute  a  sinking 
fund  for  the  payment  of  the  principal  thereof,  within  a  period  of  not  more  than 
twenty  years  from  the  time  of  contracting  the  same.  It  shall  be  the  duty  of  the 
common  council  in  each  year  thereafter,  at  the  time  at  which  other  taxes  are 
levied,  to  levy  a  tax  sufficient  for  such  purpose,  in  addition  to  the  taxes  by  this 
chapter  authorized  to  be  levied.  Such  tax,  when  collected,  shall  be  kept  in 
the  treasury  as  a  separate  fund,  to  be  inviolably  appropriated  to  the  payment  of 
the  principal  and  interest  of  such  indebtedness. 

§  529.  The  violation  of  any  ordinance  of  such  city  shall  be  deemed  a  mis- 
demeanor, and  may  be  prosecuted  by  the  authorities  of  such  city  in  the 
name  of  the  people  of  the  state  of  California,  or  may  be  redressed  by  civil  action, 
at  the  option  of  said  authorities.  Any  person  sentenced  to  imprisonment  for 
the  violation  of  an  ordinance  may  be  imprisoned  in  the  city  jail ;  or,  if  the 
common  council  by  ordinance  shall  so  prescribe,  in  the  county  jail  of  the 
county  in  which  such  city  may  be  situated,  in  which  case  the  expense  of  such 
imprisonment  shall  be  a  charge  in  favor  of  such  county  and  against  such  city. 
§  530.  Every  act  or  thing  done  or  being  within  the  limits  of  such  city,  which 
is  or  may  be  declared  by  law  or  by  any  ordinance  of  such  city  to  be  a  nuisance 
shall  be  and  is  hereby  declared  to  be  a  nuisance,  and  shall  be  considered  and 
treated  as  such  in  all  actions  and  proceedings  wiiatever ;  and  all  remedies  which 
are  or  may  be  given  by  law  for  the  prevention  and  abatement  of  nuisances  shall 
apply  thereto. 

§  531.  The  common  council  are  authorized  and  empowered  to  provide,  by 
ordinance,  a  system  for  doing  any  or  all  work  in  or  upon  the  streets,  highways, 
and  public  places  of  such  city,  and  for  making  therein  street  improvements  and 
repairs,  and  for  doing  any  or  all  work  authorized  by  subdivisions  four  and 
five  of  section  five  hundred  and  twenty-four  of  this  act,  and  for  the  payment  of 
the  cost  and  expenses  thereof,  either  by  the  levy  and  collection  of  special  assess- 
ments therefor,  in  proportion  to  benefits,  upon  the  property  to  be  benefited  there- 
by, or  by  payments  made  out  of  the  road  fund  of  such  city,  or  by  both ;  provided, 
that  in  all  cases  where  more  than  one  half  of  the  expense  of  any  such  improve- 


MUNICIPAL  CORPORATIONS— THIRD  CLASS— IMPROVEMENTS — NEW  STREETS.     851 

ment,  except  the  construction  of  a  sewer  or  drain,  exceeding  in  amount  the 
sum  of  one  thousand  dollars,  is  to  be  defrayed  by  special  assessment,  the  com- 
mon council  shall  first  adopt  a  resolution,  which  shall  be  entered  upon  their 
journal,  declaring  their  intention  to  make  such  improvement,  and  fixing  a  time 
at  which  objections  to  the  making  of  such  improvement  will  be  considered. 
Such  resolution  shall  also  designate  the  boundaries  of  the  district  to  be  affected 
or  benefited  by  such  improvement.  Upon  adopting  such  resolution,  the  common 
council  shall,  give  notice  of  such  intention,  which  notice  shall  be  published  for 
twenty  days  in  a  newspaper  printed  and  published  in  such  city.  Such  notice 
shall  describe  the  improvement  so  proposed  to  be  made,  and  state  the  estimated 
cost  thereof,  and  designate  the  time  set  for  such  hearing,  and  shall  refer  to 
such  resolution  so  entered  upon  the  journal  for  such  description  of  boundaries. 
If,  at  or  before  the  time  so  fixed,  written  objections  to  such  improvements, 
signed  by  the  owners  of  two  thirds  in  value  of  the  property  so  to  be  affected 
or  benefited,  as  shown  by  the  last  preceding  city  assessment  roll,  be  not  filed  with' 
the  clerk,  the  common  council  shall  be  deemed  to  have  acquired  jurisdiction  to 
order  the  making  of  such  improvement.  Any  such  special  assessment  made 
and  levied  to  defray  the  cost  and  expenses  of  any  such  work,  together  with  any 
percentage  imposed  for  delinquency  and  the  costs  of  collection,  shall  con.stitute 
a  lien  upon  and  against  the  property  upon  which  such  assessment  is  made  and 
levied,  from  and  after  the  date  of  the  order  for  such  assessment ;  which  lien  may 
be  enforced  by  a  summary  sale  of  such  property,  and  the  execution  and  delivery 
of  all  necessary  certificates  and  deeds  therefor,  under  such  regulations  as  may 
be  prescribed  by  ordinance,  or  by  an  action  in  any  court  of  competent  jurisdic- 
tion to  foreclose  such  lien;  provided,  that  any  property  sold  to  satisfy  any 
such  lien  shall  be  subject  to  redemption  within  the  time  and  in  the  manner 
provided,  or  that  may  hereafter  be  provided  by  law  for  the  redemption  of 
property  sold  for  taxes. 

§  532.  The  common  council  are  authorized  and  empowered  to  provide  by 
ordinance  for  the  establishing,  laying  out,  extending,  and  widening  streets  and 
other  public  highways  and  places  within  the  city,  and  for  taking  private  prop- 
erty therefor,  and  for  taking  private  property  for  the  purpose  of  rights  of 
way  for  drains,  sewers,  and  aqueducts,  and  for  the  purpose  of  widening  and 
straightening  the  channels  of  streams,  and  the  improvement  of  water  fronts; 
but  no  private  property  or  right  of  way  over  or  through  the  same  shall  be  taken 
without  the  consent  of  the  owner  thereof  until  a  just  compensation  for  the  same 
shall  be  ascertained  and  paid  to  such  owner,  or  into  court  for  his  use.  If  the 
owner  of  any  parcel  of  land  proposed  to  be  taken  for  any  such  improvement 
shall  be  dissatisfied  with  the  amount  of  compensation  awarded  by  said  council 
for  the  taking  of  such  parcel,  he  may,  within  twenty  days  after  the  date  of 
such  award,  commence  an  action  against  such  city  in  any  court  of  competent 
jurisdiction  within  the  city,  township,  or  county,  to  recover  such  amount  of 
compensation  as  he  may  consider  himself  entitled  to.  The  amount  of  com- 
pensation ascertained  and  awarded  in  such  action  shall  be  deemed  and  taken  to 
be  the  amount  of  compensation  to  which  such  person  will  be  entitled  if  such 
improvement  be  made.  If  such  person  fail  to  recover  in  such  action  a  greater 
amount  of  compensation  than  was  so  awarded  by  said  council,  he  shall  not 
recover  costs  but  shall  pay  costs  to  such  city.    Any  owner  of  or  person  interested 


852  MUNICIPAL    CORPORATIONS— THIRD    CLASS— NEW    STREETS,    ETC. 

in  any  such  parcel  of  land,  who  shall  fail  to  commence  such  action  within  the 
time  herein  limited,  shall  be  deemed  to  have  waived  his  right  in  that  behalf,  and 
to  have  assented  to  and  ratified  the  award  of  said  council.    The  common  council 
shall  not  acquire  jurisdiction  to  exercise  any  of  the  powers  hereinbefore  in  this 
section  enumerated,  until  a  petition  in  writing  therefor  is  first  presented  to 
said  council,  signed  by  at  least  twenty  inhabitants  of  said  city,  taxable  therein 
for  municipal  purposes.     Such   petition   must   describe   generally   the    street, 
highway,  or  public  place  proposed  to  be  laid  out  or  established,  or  the  proposed 
alteration  by  widening  or  extending  the  same,  or  by  widening  or  straightening 
the  channels  of  streams,  or  by  the  improvement  of  water  fronts ;  or  if  a  right  of 
way  is  sought  for  drains,  sewers,  or  aqueducts,  such  petition  shall  describe  the 
proposed  route  for  the  same.    Such  petition  shall  be  heard  at  a  regular  meeting 
of  the  council,  notice  of  such  hearing  being  given  by  the  clerk  by  publication 
in  a  newspaper  published  in  such  city,  for  a  period  of  three  weeks  before  such 
hearing.    Such  notice  shall  be  deemed  to  give  said  council  full  jurisdiction  over 
the  subject-matter,  and  over  the  person  of  every  owner  of  or  person  interested  in 
any  parcel  of  land  to  be  taken  or  assessed  for  any  such  improvement;   and 
every  person  interested,  from   and  after  the  expiration   of  such  publication, 
shall  be  deemed  to  have  notice  of  all  subsequent  proceedings;  provided,  that 
nothing  herein  contained  shall  be  construed  to  prevent  such  council  from  giving 
such  other  or  further  notice  as  they  may  deem  proper.    At  the  time  fixed  in  such 
notice,  or  at  such  time  to  which  such  hearing  may  be  postponed,  the  council  shall 
proceed  to  hear  and  determine  the  prayer  of  such  petition  pursuant  to  such 
rules  and  regulations  as  may  be  prescribed  by  such  ordinance.     Such  system, 
so  established  by  ordinance,  may  provide  for  the  payment  of  such  compensation, 
either  by  the  levy  and  collection  of  special  assessments  therefor,  in  proportion 
to  benefits  upon  the  property  to  be  affected  or  benefited  by  any  such  improvement, 
or  by  payments  made  out  of  the  street  fund,  or  river  and  water  front  improve- 
ment fund  of  such  city,  or  by  both.     Any  .such  special  assessment  made  and 
levied  to  provide  means  for  the  payment  of  any  such  compensation  and  the 
cost  of  ascertaining  the  same,  together  with  any  percentage  imposed  for  de- 
linquency and  the  costs  of  collection,  shall  constitute  a  lien  upon  and  against  the 
property  upon  which  such  assessment  is  made  and  levied,  from  and  after  the 
date  of  the  order  for  such  assessment;  which  lien  may  be  enforced  by  a  sum- 
mary sale  of  such  property,  and  the  execution  and  delivery  of  all  necessary 
certificates  and  deeds  therefor,  under  such  regulations  as  may  be  prescribed 
by  ordinance,  or  by  an  action  in  any  court  of  competent  jurisdiction  to  foreclose 
such  lien;  provided,  that  any  property  sold  to  satisfy  any  such  lien  shall  be 
subject  to  redemption  within  the  time  and  in  the  manner  provided  or  that 
may  hereafter  be  provided  by  law  for  the  redemption  of  property  sold  for  taxes. 
§  533.     The  common  council  shall  have  power,  and  it  shall  be  their  duty,  to 
provide  by  ordinance  for  the  assessment,  levy,  and  collection  of  all  city  taxes, 
which  shall  conform,  as  nearly  as  the  circumstances  of  the  case  may  permit, 
to  the  provisions  of  the  laws  of  this  state  in  reference  to  the  assessment,  levy, 
and  collection  of  state  and  county  taxes,  except  as  to  the  times  for  such  assess- 
ment, levy,  and  collection,  and  except  as  to  the  officers  by  whom  such  duties  are 
to  be  performed.    All  taxes  assessed,  together  with  any  percentage  imposed  for 
delinquency  and  the  costs  of  collection,  shall  constitute  liens  on  the  property 


MriVICIPAL.    CORPORATIONS— THIRD    CLASS— SEWERS— ADDITIONAL   TAX.        853 

assessed  from  and  after  the  first  Monday  in  March  in  each  year ;  which  liens 
may  be  enforced  by  a  summary  sale  of  such  property,  and  the  execution  and 
delivery  of  all  necessary  certificates  and  deeds  therefor,  under  such  regulations 
as  may  be  prescribed  by  ordinance,  or  by  actions  in  any  court  of  competent 
jurisdiction  to  foreclose  such  liens;  provided,  that  any  property  sold  for  such 
taxes  shall  be  subject  to  redemption  within  the  time  and  in  the  manner  provided 
or  that  may  hereafter  be  provided  by  law  for  the  redemption  of  property  sold 
for  state  or  county  taxes.  All  deeds  made  upon  any  sale  of  property  for  taxes  or 
special  assessments  under  the  provisions  of  this  chapter  shall  have  the  same  force 
and  effect  in  evidence  as  is  or  may  hereafter  be  provided  by  law  for  deeds  for 
property  sold  for  non-payment  of  state  or  county  taxes. 

§  534.  No  money  shall  be  expended  or  drawn  out  of  the  street  fund  for  any 
but  street  and  sewer  purposes,  and  no  money  shall  be  expended  or  drawn  out  of 
the  school  fund  for  any  but  school  purposes.  "Whenever  any  city  organizing 
under  this  act  has  a  bonded  indebtedness  contracted  or  issued  under  any  law 
of  this  state,  all  the  provisions  of  such  laws  in  regard  to  the  levying,  collection, 
and  disposition  of  taxes  and  revenues  for  the  payment  of  such  indebtedness 
and  the  interest  thereon,  shall  continue  in  force,  and  the  taxes  levied  and  reve- 
nues raised  for  the  payment  of  the  interest  and  principal  of  such  indebtedness 
shall  be  in  addition  to  the  taxes  provided  by  section  five  hundred  and  twenty- 
four  of  this  act,  and  the  common  council  of  said  city,  organizing  under  this  act, 
is  hereby  authorized  and  empowered  to  levy  and  collect  such  taxes  and  appor- 
tion such  revenues  for  the  payment  of  such  indebtedness  and  interest,  in  addi- 
tion to  the  limit  of  taxation  hereinbefore  prescribed  in  this  act;  and  nothing 
in  this  chapter  shall  be  construed  to  prevent  any  city  from  levying  and  collecting 
the  tax  authorized  by  the  act  entitled,  "An  act  to  establish  free  public  libraries 
and  reading-rooms,"  approved  April  twenty-sixth,  eighteen  hundred  and  eighty, 
in  addition  to  the  taxes  herein  authorized  to  be  levied  and  collected.  All  moneys 
received  from  licenses,  and  from  fines,  penalties  and  forfeitures,  shall  be  paid 
into  the  general  fund. 

§  535.  The  common  council  may  also  levy  and  cause  to  be  collected,  in  each 
year,  in  addition  to  the  taxes  herein  authorized  to  be  levied  and  collected,  a 
tax,  not  exceeding  twenty  cents  on  each  one  hundred  dollars  of  the  assessed 
value  of  all  real  and  personal  property  within  such  city  subject  to  taxation,  the 
proceeds  of  which  tax  shall  be  known  as  the  "River  and  Water  Front  Improve- 
ment Fund,"  and  shall  be  applied  to  the  improvement  of  streams,  bays,  and 
water  fronts,  the  erection  of  embankments,  and  other  works  to  protect  the  city 
from  overflow,  and  the  constrviction  of  works  of  drainage,  and  for  no  other 
purposes  whatever. 

§  536.  In  the  erection,  improvement,  and  repair  of  all  public  buildings  and 
works,  in  all  street  and  sewer  work,  and  in  all  work  in  or  about  streams,  bays, 
or  water  fronts,  or  in  or  about  embankments  or  other  works  for  protection 
against  overflow,  or  in  furnishing  any  supplies  or  materials  for  the  same,  when 
the  expenditures  required  for  the  same  exceeds  the  sum  of  five  hundred  dollars, 
the  same  shall  be  done  by  contract,  and  shall  be  let  to  the  low-est  responsible 
bidder,  after  due  notice,  under  such  regulations  as  may  be  prescribed  by  ordi- 
nance; provided,  that  the  common  council,  or  board  of  education,  may  reject 
all  bids  presented,  and  readvertise,  in  their  discretion;  and  provided  further, 


854        MUNICIPAL   CORPORATIONS— THIRD    CLASS— EXECUTIVE    DEPARTMENT. 

that  in  case  of  any  great  and  unforeseen  calamity  or  emergency  the  common 
council,  by  a  resolution  unanimously  adopted  and  approved  by  the  mayor,  may 
dispense  with  the  foregoing  provisions  of  this  section,  the  reason  for  such 
action  being  entered  on  their  minutes.  The  common  council  shall,  annually, 
at  a  stated  time,  contract  for  doing  all  city  printing  and  advertising,  which 
contract  shall  be  let  to  the  lowest  bidder,  after  notice  as  provided  in  this  sec- 
tion. All  advertising  shall  be  done  in  a  newspaper  printed  and  published  in 
such  city,  and  the  contract  therefor  shall  be  awarded  separately  from  all  other 
printing. 

ARTICLE  IV. — ^EXECUTIVE  DEPARTMENT. 

§550.  The  mayor  shall  be  at  the  head  of  the  executive  department  of  the 
city.  It  shall  be  his  duty  to  be  vigilant  and  active  in  causing  the  laws  and 
ordinances  of  the  city  to  be  duly  executed  and  enforced;  to  have  the  general 
supervision  of  the  police  department;  to  receive  and  examine  into  all  com- 
plaints preferred  against  any  officer,  and  to  certify  the  same  to  the  common 
council ;  to  administer  and  certify  oaths  and  affirmations  in  any  and  all  matters 
and  proceedings  pertaining  to  the  city ;  to  preside  at  all  meetings  of  the  common 
council ;  and  to  perform  such  other  duties  as  are  or  may  be  prescribed  by  law  or 
ordinance. 

§  551.  It  shall  be  the  duty  of  the  clerk  to  keep  a  true  and  correct  record 
of  all  the  proceedings  of  the  common  council,  and  to  countersign  all  warrants ; 
to  keep  accounts  current  with  every  officer  charged  with  the  receipt  or  disburse- 
ment of  money ;  to  keep  the  seal  of  the  city  and  affix  the  same  to  all  instruments 
requiring  such  seal ;  to  perform  the  duties  required  of  him  by  the  next  section ; 
to  report  to  the  common  council  on  the  first  Monday  of  each  and  every  month 
a  full  and  detailed  statement  of  the  receipts  and  disbursements  of  the  treasury 
during  the  preceding  month,  and  the  state  of  each  particular  fund,  which  state- 
ment shall  be  verified  by  his  oath ;  to  administer  and  certify  oaths  and  affirma- 
tions; to  perform  such  duties  in  and  about  the  assessment,  levy,  and  collection 
of  taxes  and  assessments  as  may  be  prescribed  by  law  or  ordinance ;  to  appoint 
deputies;  and  to  perform  such  other  and  further  duties  as  the  common  council 
may  by  ordinance  prescribe. 

§  552.  It  shall  be  the  duty  of  the  treasurer  to  receive,  upon  the  order  of  the 
clerk,  all  moneys  due  or  belonging  to  the  city,  for  which  he  shall  give  his  receipt, 
which  receipt  shall  be  filed  with  the  clerk  by  the  person  making  such  payment, 
and  the  clerk  shall  give  to  such  persons  his  receipt  therefor,  which  receipt  shall 
be  the  only  evidence  of  payment.  He  shall  pay  all  warrants  drawn  by  authority 
of  and  in  accordance  w^ith  law.  He  shall  perform,  such  duties  in  the  collection  of 
taxes  or  assessments  as  are  or  may  be  prescribed  by  law  or  ordinance.  He  shall, 
on  the  first  Monday  of  each  and  every  month,  pr&sent  to  the  common  council  a 
full  and  detailed  statement  of  the  amount  of  money  belonging  to  the  city  re- 
ceived by  him,  and  by  him  disbursed  during  the  preceding  month,  and  the  state 
of  each  particular  fund,  which  statement  shall  be  verified  by  his  oath.  He 
may  appoint  deputies  by  and  with  the  consent  of  the  common  council,  and  shall 
perform  such  other  duties  as  are  or  may  be  prescribed  by  law  or  ordinance. 

§  553.  The  common  council  shall,  by  ordinances  not  inconsistent  with  the 
provisions  of  this  chapter,  prescribe  the  duties  of  all  officers,  and  fix  their  com- 
pensation. 


MUNICIPAL    CORPORATIONS — THIRD    CLASS — JUDICIAL    DEPARTRIENT.  855 

ARTICLE    V. — JUDICIAL    DEPARTMENT. 

§  560.  The  judicial  power  of  the  city  shall  be  vested  in  a  police  court,  to  be 
held  by  the  police  judge  of  such  city.  Said  police  court  shall  have  jurisdiction, 
concurrently  with  the  justices'  courts,  of  all  criminal  action  and  proceedings 
arising  within  the  corporate  limits  of  such  city,  and  which  might  be  tried  in 
such  justices'  courts;  and  shall  have  exclusive  jurisdiction  of  all  actions  for 
the  recovery  of  any  fine,  penalty,  or  forfeiture  prescribed  for  the  breach  of  any 
ordinance  of  such  city,  of  all  actions  founded  upon  any  obligation  or  liability 
created  by  any  ordinance,  and  of  all  prosecutions  for  any  violation  of  any  ordi- 
nance. The  rules  of  practice  and  mode  of  proceeding  in  said  police  court  shall 
be  the  same  as  are  or  may  be  prescribed  by  law  for  justices'  courts  in  like 
cases ;  and  appeals  may  be  taken  to  the  superior  court  of  the  county  in  which 
such  city  may  be  situated  from  all  judgments  of  said  police  court,  in  like  manner 
and  with  like  effect  as  in  cases  of  appeals  from  justices'  courts.  Said  court  shall 
be  a  court  of  record. 

§  561.  The  police  judge  shall  be  judge  of  the  police  court,  and  shall  have 
the  powers  and  perform  the  duties  of  a  magistrate.  He  may  administer  and 
certify  oaths  and  affirmations,  and  take  and  certify  acknowledgments. 

§  562.  In  all  cases  in  which  the  police  judge  is  a  party,  or  in  which  he  is 
interested,  or  when  he  is  related  to  either  party  by  consanguinity  or  affinity 
within  the  third  degree,  or  is  otherwise  disqualified,  or  in  case  of  his  sickness 
or  inability  to  act,  the  mayor  may  call  in  a  justice  of  the  peace  residing  in  the 
city  to  act  in  the  place  and  stead  of  the  police  judge ;  or  if  there  be  no  justice 
of  the  peace  residing  in  the  city,  or  if  all  those  so  residing  are  likewise  dis- 
qualified, then  he  may  call  in  any  justice  of  the  peace  residing  in  the  county  in 
which  such  city  may  be  situated. 

§  563.  The  common  council  shall  appoint,  upon  the  nomination  of  the  mayor, 
a  clerk  for  said  police  court.  Said  clerk  shall  keep  the  records  of  said  court  and 
the  seal  thereof,  and  perform  such  other  duties  as  may  be  required  of  him  by 
law  or  ordinance.  He  shall  receive  a  salary  of  one  hundred  dollars  per  month. 
The  council  shall  also  provide  a  seal  for  said  police  court. 

ARTICLE  VI. — SCHOOL  DEPARTMENT. 

§  570.  From  and  after  the  organization  of  each  of  such  cities,  the  same  shall 
constitute  a  separate  school  district,  which  shall  be  governed  by  the  board  of 
education  of  such  city. 

§  571.  In  case  a  vacancy  shall  occur  in  the  office  of  school  director,  the  board 
of  education  shall  choose  a  person  to  fill  such  vacancy,  who  shall  serve  until  the 
next  election,  when,  if  the  term  does  not  then  expire,  a  person  shall  be  elected  to 
serve  for  the  remainder  of  such  unexpired  term. 

§  572.  The  board  of  education  shall  meet  on  the  second  Tuesday  after  such 
general  municipal  election  and  choose  one  of  its  members  as  president,  and 
another  as  vice-president.  Its  regular  meetings  shall  thereafter  be  held  as  often 
as  twice  in  each  month,  and  the  time  and  place  for  holding  such  meetings  shall 
be  fixed  by  a  rule  of  said  board.  Special  meetings  of  said  board  may  be  held 
when  called  by  written  notice,  signed  by  its  president,  or  three  of  its  members, 
and  delivered  personally  to  each  of  its  members  who  shall  not  have  signed  the 
same.    Four  members  shall  constitute  a  quorum,  and  no  business  shall  be  trans- 


856  MUNICIPAL   CORPORATIONS — THIRD   CLASS— BOARD   OP   EDUCATION, 

acted  by  said  board  of  education  without  the  concurrence  of  four  of  its  members ; 
but  a  majority  of  the  members  present  at  any  meeting  may  adjourn  from  time 
to  time.  All  meetings  of  said  board  of  education  shall  be  public,  and  full  rec- 
ords of  its  proceedings  shall  be  kept  by  the  school  superintendent,  who  shall  be 
ex  officio  clerk  of  said  board  of  education. 

§  573.     The  board  of  education  shall  have  power : 

1.  To  establish  and  maintain  public  schools,  and  to  subdivide  the  school  dis- 
tricts, and  to  fix  and  alter  the  boundaries  of  such  subdivisions. 

2.  To  appoint  a  school  superintendent,  who  shall  hold  office  during  their 
pleasure,  and  to  prescribe  his  duties,  and  fix  his  compensation. 

3.  To  employ  and  dismiss  teachers,  janitors,  truant  officers,  and  school  census 
marshals,  and  to  fix,  alter,  allow,  and  order  paid  their  salaries  or  compensation ; 
and  to  employ  and  pay  such  mechanics  and  laborers  as  may  be  necessary  to 
carry  into  efi:ect  the  powers  hereby  conferred. 

4.  To  make,  establish,  and  enforce  all  necessary  or  proper  rules  and  regula- 
tions, not  in  conflict  with  the  laws  of  this  state,  for  the  government  and  manage- 
ment of  public  schools  within  such  city,  the  teachers  thereof,  and  the  pupils 
therein,  and  for  carrying  into  effect  the  laws  relating  to  education. 

5.  To  provide  for  the  school  department  of  such  city  fuel  and  lights,  water, 
printing,  and  stationery,  and  to  incur  such  other  incidental  expenses  as  may 
be  deemed  necessary  by  said  board. 

6.  To  build,  alter,  repair,  rent,  and  provide  school-houses,  and  to  furnish  the 
same  with  proper  school  furniture,  apparatus,  and  appliances,  and  to  insure 
any  and  all  school  property. 

7.  To  purchase,  receive,  lease,  and  hold  in  fee,  in  trust  for  such  city,  any  and 
all  real  estate  and  personal  property  that  may  have  been  acquired,  or  may  here- 
after be  acquired,  for  the  use  and  benefit  of  the  schools  of  such  city;  provided, 
that  no  real  estate  shall  be  bought,  sold,  or  exchanged,  nor  any  expenditure 
incurred  for  the  construction  of  new  school-houses,  without  the  approval  of  the 
common  council;  and  provided  further,  that  the  proceeds  of  any  such  sale  or 
exchange  of  real  estate  shall  be  exclusively  applied  to  school  purposes. 

8.  To  grade,  fence,  and  improve  all  school  lots. 

9.  To  determine  annually  the  amount  of  money  required  for  the  support  of 
the  public  schools,  and  for  carrying  into  effect  all  the  provisions  of  law  in 
reference  thereto;  and  in  pursuance  of  this  provision,  the  board  of  education 
shall,  at  least  ten  days  before  the  meeting  of  the  common  council  at  which  the 
annual  city  taxes  are  levied,  submit  in  writing  to  the  common  council  a  careful 
estimate  of  the  whole  amount  of  money  to  be  received  from  the  state  and  county, 
and  of  the  amount  to  be  required  from  such  city  for  the  above-mentioned  pur- 
pose ;  and  the  amount  so  found  to  be  required  from  the  city  shall,  by  the  common 
council,  be  added  to  the  other  amounts  to  be  assessed  and  collected  for  city 
purposes,  and  when  collected,  the  proceeds  thereof  shall  be  immediately  paid 
into  the  school  fund  of  such  city,  to  be  drawn  out  only  upon  the  order  of  the 
board  of  education ;  provided,  that  such  annual  tax  shall  not  exceed  twenty-five 
cents  on  each  one  hundred  dollars  of  the  assessed  valuation  of  the  real  and) 
personal  property  within  such  city. 

10.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all  moneys 
belonging  to  the  school  fund. 


MUNICIPAL   CORPORATIONS — THIRD   CLASS— BOARD    OF   EDUCATION.  857 

11.  To  discharge  all  legal  encumbrances  existing  at  the  time  of  the  incorpora- 
tion of  such  city,  or  thereafter,  on  any  school  property  within  such  city. 

12.  To  admit  non-resident  children,  and  persons  over  twenty-one  years  of  age, 
to  any  of  the  departments  of  the  schools  of  such  city,  upon  the  payment, 
monthly,  in  advance,  to  the  treasurer  of  such  city,  for  the  school  fund,  of  such 
tuition  fee  as  said  board  may  establish. 

13.  To  prohibit  any  children  under  six  years  of  age  from  attending  the  public 
schools. 

14.  To  establish  and  regulate  the  grades  of  schools  in  such  city,  and  the  course 
of  study,  and  the  mode  of  instruction  to  be  pursued  therein,  and  to  determine 
what  text-books  shall  be  used. 

15.  To  do  and  perform,  in  addition  to  the  foregoing  powers,  such  other  acts 
as  may  be  necessary  or  proper  to  carry  into  effect  the  powers  hereby  conferred. 

§  574.  The  board  of  education  may  sue  and  be  sued  by  their  name  of  office. 
In  any  action  or  judicial  proceeding  against  said  board,  service  of  process  upon 
the  president,  or  upon  a  majority  of  the  members  of  the  board,  shall  be  sufficient 
to  give  the  court  jurisdiction  to  hear  and  determine  the  same. 

§  575.  All  moneys  received  by  the  treasurer  of  the  county  wherein  such 
city  may  be  situated,  on  account  of  the  school  fund  of  such  city,  or  the  school 
district  consisting  of  the  same,  and  all  suras  received  into  the  county  treasury, 
which  may  be  apportioned  to  said  city  or  district,  shall  be  paid  to  the  treasurer 
of  such  city  by  the  treasurer  of  such  county,  as  soon  as  received,  or  as  soon  as 
the  apportionment  shall  be  made,  when  apportionment  is  necessary. 

§  576.  The  president  of  the  board  of  education  shall  have  power  to  administer 
oaths  and  affirmations  concerning  any  demand  upon  the  treasury,  payable  out  of 
the  school  fund,  and  in  all  other  matters  relating  to  the  duties  of  the  board  of 
education,  and  to  witnesses  examined  in  any  investigation  had  by  such  board 
of  education,  or  by  a  committee  thereof,  duly  appointed  by  it  for  that  purpose. 

§  577.  Said  president  may  issue  subpoenas  under  his  hand  and  the  seal  of 
such  city,  attested  by  the  city  clerk,  to  compel  the  attendance  of  witnesses  before 
such  board  of  education,  or  committee  thereof,  who  shall  be  entitled  to  the  same 
fees  as  witnesses  in  civil  cases,  and  who  may  be  punished  for  contempt  for  non- 
attendance,  or  refusal  to  be  sworn,  or  to  answer,  by  the  superior  court  of  the 
county  in  which  such  city  may  be  situated. 

§  578.  Every  claim  payable  out  of  the  school  fund  shall  be  filed  with  the 
clerk  of  the  board  of  education,  and  after  it  shall  have  been  approved  by 
the  board,  a  certificate  of  such  approval  shall  be  indorsed  thereon,  signed  by  the 
president  and  clerk ;  and  a  warrant  upon  the  school  fund  shall  be  issued  thereon 
for  the  payment  of  such  claim^  which  warrant  shall  be  signed  by  the  president  of 
such  board,  and  countersigned  by  the  clerk,  and  shall  specify  for  what  purpose 
the  same  is  drawn. 

§  579.  The  entire  revenue  derived  by  such  city  from  the  state  school  fund  and 
the  state  school  tax  shall  be  applied  by  said  board  of  education  exclusively  to  the 
support  of  primary  and  grammar  schools. 

ARTICLE  VII. MISCELLANEOUS  PROVISIONS. 

§  590.  Every  officer  collecting  or  receiving  any  moneys  belonging  to  or  for  the 
use  of  such  city  shall  settle  for  the  same  with  the  clerk  on  the  first  Monday  in 


858  MUNICIPAL,    CORPORATIONS— FOURTH    CLASS— GENERAL,    POWERS. 

each  month,  and  immediately  pay  the  same  into  the  treasury,  on  the  order  of 
the  clerk,  for  the  benefit  of  the  funds  to  which  such  moneys  respectively  belong. 
§  591.  No  officer  of  such  city  shall  be  interested,  directly  or  indirectly,  in  any 
contract  with  such  city,  or  with  any  of  the  officers  thereof,  in  their  official  ca- 
pacity, or  in  doing  any  work  or  furnishing  any  supplies  for  the  use  of  such  city 
or  its  officers  in  their  official  capacity;  and  any  claim  for  compensation  for  work 
done,  or  supplies  or  materials  furnished  in  which  any  such  officer  is  interested, 
shall  be  void,  and  if  audited  and  allowed  shall  not  be  paid  by  the  treasurer.  Any 
wilful  violation  of  the  provisions  of  this  section  shall  be  a  ground  for  removal 
from  office,  and  shall  be  deemed  a  misdemeanor,  and  punished  as  such. 

CHAPTER  V. 

Municipal  Corporations  of  the  Fourth  Class. 
(Charter  for  cities  having  a  population  of  more  than  ten  thousand  and  not  ex- 
ceeding fifteen  thousand.) 

article  I. — GENERAL  POWERS. 

§  600.     Every  municipal  corporation  of  the  fourth  class  shall  be  entitled  the 

city  of  (naming  it),  and  by  such  name  shall     have  perpetual  succession, 

may  sue  and  be  sued  in  all  courts  and  places,  and  in  all  proceedings  whatever, 
and  shall  have  and  use  a  common  seal,  and  the  same  alter  at  pleasure;  may 
purchase,  receive,  have,  take,  hold,  lease,  use,  and  enjoy  property  of  every  name 
or  description,  and  control  and  dispose  of  the  same  for  the  common  benefit. 

article   II. GENERAL   PROVISIONS   RELATING   TO   OFFICERS. 

§  601.  The  officers  of  such  city  shall  consist  of  a  major,  twelve  councilmen, 
a  collector,  who  shall  also  be  street  commissioner,  an  assessor,  treasurer,  city 
clerk,  police  judge,  city  attorney,  chief  of  police,  superintendent  of  public 
schools,  and  two  school  trustees  for  each  ward;  and  whenever  a  free  public 
library  and  reading-room  is  established  therein,  five  trustees  thereof;  and  the 
council  may  also  provide  for  the  election,  by  the  voters  of  said  city,  or  by  said 
council,  of  a  superintendent  of  irrigation.  The  city  council  may  also  elect  a 
city  surveyor,  harbor-master,  poundkeeper,  and  city  jailer,  and  whenever  a 
paid  fire  department  shall  be  established  in  such  city,  a  chief  engineer,  and  one 
or  more  assistant  engineers,  and  any  other  officer  necessary  to  carry  out  the 
provisions  of  this  chapter,  and  for  whose  election  or  appointment  no  provision 
is  made,  and  may  by  ordinance  prescribe  the  duties  of  all  city  officers,  and  fix 
their  compensation,  subject  to  the  limitations  herein  contained. 

§  602.  On  the  first  Tuesday  after  the  first  Monday  of  November  of  each 
odd-numbered  year  a  municipal  election  shall  be  held,  at  which  the  qualified 
voters  of  such  city  shall  elect  one  school  trustee  for  each  ward,  and  six  council- 
men,  to  be  voted  for  by  the  wards  they  may  respectively  represent,  and  each 
to  hold  office  for  the  term  of  four  years,  and  until  the  qualification  of  his  suc- 
cessor; and  also  a  mayor,  an  assessor,  a  collector  and  street  commissioner, 
city  attorney,  police  judge,  chief  of  police,  and  superintendent  of  public 
schools,  who  shall  each  hold  office  for  two  years,  and  until  th«  qualification 
of  a  successor ;  provided,  that  at  the  first  election  held  after  the  organization 
of  su8h  city  under  this  act  such  city  shall  elect  two  school  trustees  for  each 
ward,  and  twelve  councilmen,  who  shall,  at  the  first  meeting  of  the  city  council 


MUNICIPAL    CORPORATIONS— FOURTH    CLASS— ELECTIONS— CANVASSING.         850 

and  board  of  education,  respectively,  decide  by  lot  their  terms  of  office ;  six 
of  said  councilmen  and  one  half  of  the  number  of  school  trustees  to  hold  for 
the  term  of  four  years,  and  the  others  for  the  term  of  two  years,  and  in  each 
case  until  the  qualification  of  their  successors. 

§  603.  The  city  council  shall  call  all  city  elections,  designate  the  time  and 
place  of  holding  the  same,  giving  at  least  ten  days'  notice  thereof,  and  shall 
appoint  one  inspector  or  clerk,  and  two  judges  of  election,  for  each  ward  or 
election  precinct  in  such  city,  who  shall  appoint  two  clerks,  and  all  shall  take 
the  oath  of  office  prescribed  by  law  for  inspectors,  judges,  and  clerks  of  state 
and  county  elections.  All  provisions  of  law  regulating  elections  for  state  and 
county  officers,  not  conflicting  herewith,  shall  apply  to  elections  under  this 
chapter.  The  polls  for  all  city  elections  shall  be  open  at  eight  o'clock  a.  m., 
and  continue  open  until  five  o'clock  p.  m.,  the  same  day.  If  any  officer  so 
appointed  shall  fail  to  attend,  those  attending,  with  the  electors  assembled, 
shall  fill  their  places  by  others  from  the  qualified  electors  present.  All  returns 
of  city  elections  shall  be  made  out  and  signed  by  the  officers  of  such  election 
in  the  usual  form,  and  deposited  with  the  city  clerk  within  two  days  after  the 
election.  The  persons  having  the  plurality  of  the  votes  cast  for  each  of  the 
respective  offices  voted  for  shall  be  declared  elected.  No  person  shall  vote  at 
any  city  election  unless  he  shall  be  an  elector  for  state  and  county  officers,  and 
shall  have  actually  resided  within  such  city,  and  in  the  precinct  where  he  may 
ofi'er  to  vote,  thirty  days  preceding  such  election;  provided,  that  any  elector 
who  may  remove  from  one  precinct  to  another  within  thirty  days  prior  to  such 
election  may,  if  a  qualified  voter  therein  at  the  time  of  removal,  vote  in  the 
precinct  from  whic'h  he  may  have  moved.  If  any  person  not  having  the  legal 
qualifications  of  an  elector  at  any  city  election  shall  fraudulently  vote,  or 
attempt  to  vote,  or  knowingly  hand  in  two  or  more  ballots  folded  together, 
or  shall  vote,  or  attempt  to  vote,  more  than  once  at  the  same  election,  such 
person  or  persons,  on  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
twenty  nor  more  than  five  hundred  dollars,  or  be  imprisoned  in  the  county 
jail  for  any  period  not  more  than  three  months,  or  may  be  punished  by  both 
such  fine  and  imprisonment. 

§  604.  On  the  Monday  following  the  election,  the  city  council  shall  convene 
and  publicly  canvass  the  result,  and  shall  issue  certificates  of  election  to  each 
person  elected  by  a  plurality  of  votes.  When  two  or  more  persons  have  received 
an  equal  and  highest  number  of  votes  for  any  one  of  the  offices  voted  for,  the 
city  council  shall  thereafter,  at  its  first  regular  meeting,  decide  by  vote  between 
the  parties  which  shall  be  elected.  If  the  city  council  from  any  cause  fail 
to  meet  on  the  day  named,  the  mayor  shall  call  a  special  meeting  of  said  coun- 
cil within  five  days  thereafter,  and  in  addition  to  the  notice  provided  for 
calling  special  meetings,  shall  publish  the  same  on  two  successive  days  in 
some  newspaper  published  in  such  city.  If  the  mayor  fail  to  call  said  meeting 
within  said  five  days,  any  four  councilmen  may  call  it.  At  such  special  meet- 
ing all  elections,  appointments,  or  other  business  may  be  transacted  that  could 
have  been  on  the  day  first  herein  named, 

§  605.  Each  officer  of  such  city  shall  take  the  oath  of  office,  and  such  as 
may  be  required  to  give  bond,  file  the  same,  duly  approved,  within  ten  days 
after  receiving  notice  of  his  election  or  appointment,  or  if  no  notice  be  received, 


860  MUNICIPAL   CORPORATIONS— FOURTH   CLASS— OFFICERS   AND   DUTIES. 

then  on  or  before  the  date  fixed  for  the  assumption  by  him  of  the  duties  of 
the  office  to  which  he  may  have  been  elected  or  appointed;  but  if  any  one, 
either  elected  or  appointed  to  office,  fail  for  ten  days  to  qualify  as  required  by 
law  or  to  enter  upon  his  duties  at  the  time  fixed  by  law  or  the  orders  of  the 
city  council,  then  such  office  shall  become  vacant;  or  if  any  such  officer  shall 
absent  himself  from  such  city  continuously  for  ten  days  without  the  consent 
of  the  city  council,  or  shall  openly  neglect  or  refuse  to  discharge  his  duties, 
such  office  may  be  by  the  city  council  declared  vacant;  provided,  that  the 
penalty  for  absence  from  the  city  shall  not  apply  to  such  officers  as  serve 
without  salary  or  other  compensation.  Such  officers  as  are  elected  by  the 
voters  of  the  city  shall  enter  upon  their  duties  on  the  first  Monday  of  January 
next  succeeding  the  date  of  their  election;  such  officers  as  are  appointed  or 
elected  by  the  city  council  shall  enter  upon  their  duties  within  ten  days  after 
receiving  notice  of  their  appointment  or' election. 

§  606.  "When  any  vacancy  occurs  in  any  elective  office,  except  the  mayor, 
the  city  council  may  fill  the  same  for  the  unexpired  term,  except  in  case  of 
city  councilmen,  or  school  trustees,  which  shall  be  filled  until  the  next  city 
election,  and  until  the  qualification  of  a  successor.  The  city  council  may, 
upon  written  charges  to  be  entered  upon  their  journal,  after  notice  to  the 
party,  and  after  trial,  by  a  vote  of  two  thirds  of  all  the  members-elect,  remove 
any  officer. 

§  607.  It  shall  be  the  duty  of  the  city  council  to  provide  for  the  account- 
ability of  the  city  assessor,  treasurer,  clerk,  police  judge,  collector,  and  street 
commissioner,  city  attorney,  and  all  other  officers  herein  provided  for,  by 
requiring  from  them  sufficient  security  for  the  faithful  performance  of  their 
duties  or  trusts,  which  security  shall  be  given  by  them  before  entering  on 
their  respective  duties.  If  such  security  should  be  or  become  insufficient,  addi- 
tional security  may  be  required,  and  if  not  given  within  ten  days,  the  council, 
by  a  vote  of  two  thirds  of  the  members,  may  declare  the  office  vacant,  and  may 
thereafter  fill  the  same. 

§  608.  The  mayor,  councilmen,  and  school  trustees  shall  not  receive  any 
salary  or  compensation  for  their  services;  provided,  that  members  of  the  city 
council,  or  a  committee  thereof  for  that  purpose  appointed,  may  receive  for 
their  services,  while  acting  as  a  board  of  equalization,  a  sum  to  be  determined 
by  the  council,  not  to  exceed  for  each  one  five  dollars  per  day,  for  each  day 
while  actually  so  engaged,  for  two  weeks  in  each  year,  and  no  longer. 

§  609.  The  collector  and  street  commissioner  shall  receive  a  salary,  to  be 
ixed  by  the  city  council,  which  shall  not  exceed  the  sum  of  fifteen  hundred' 
dollars  per  annum. 

§  610.  The  city  council  shall  have  no  power  to  allow  any  extra  or  addi- 
tional compensation  to  that  in  this  chapter  expressly  authorized  to  any  officer 
for  the  rendition  of  services  that  the  city  council  have  power  to  require  the 
officer  to  perform  by  virtue  of  his  office. 

§  611.  In  case  any  such  city  shall,  at  the  time  of  its  organization  under  this 
act,  be  divided  into  wards,  such  divisions  shall  continue,  but  the  city  council 
may,  at  any  time  not  within  three  months  previous  to  an  annual  city  election, 
change  the  boundaries  of  such  wards,  or  divide  it  into  others,  not  exceeding 


MU.NICIPAL,    CORPORATIONS— FOURTH   CLASS— LEGISLATIVE   DEPARTMENT.       861 

six  in  number;  provided,  that  such  change  shall  not  affect  the  term  of  office 
of  any  councilman  or  school  trustee,  but  they  shall  serve  out  their  term  for 
the  ward  in  which  their  residence  may  be ;  but  if  more  reside  within  any  one 
ward  than  the  proportion  to  which  it  is  entitled,  those  of  the  shortest  unex- 
pired term  shall,  by  the  council,  be  assigned  for  such  unexpired  term  to  a 
ward  where  there  is  a  vacancy.  The  representation  of  each  ward  in  the  city 
council  shall  be  as  near  as  may  be  in  proportion  to  its  population,  but  each 
ward  shall  have  two  school  trustees. 

ARTICLE   UI. LEGISLATIVE   DEPARTMENT. 

§  620.  The  mayor  and  councilmen  of  the  several  wards  shall  constitute  the 
city  council,  and  at  its  first  meeting  in  January  next  after  a  city  election  shall 
elect  a  city  clerk,  city  treasurer,  and  one  of  their  own  body  as  president  of 
the  city  council,  and  at  any  time  when  the  mayor  and  president  are  both  absent, 
may  elect  a  president  pro  tempore,  who  shall  act  during  such  absence.  They 
shall  also,  at  such  time,  designate  the  number  of  policemen  for  such  city,  to  be 
elected  as  hereinafter  provided. 

§  621.  A  majority  of  the  councilmen-elect  shall  constitute  a  quorum  for  the 
transaction  of  business.  A  less  number  may  adjourn  from  time  to  time,  and 
they  may  compel  the  attendance  of  absent  members.  The  council  may  punish 
their  members  for  disorderly  conduct,  and  upon  written  charges  to  be  entered 
on  their  journal,  for  such  conduct,  after  trial,  may  expel  a  member  by  a  vote 
of  two  thirds  of  all  the  members  elected.  The  mayor  shall  have  a  vote  only  in 
case  of  a  tie  in  the  votes  of  the  other  members.  They  shall  determine  their 
rules  of  proceeding  and  the  qualification  of  members.  The  sittings  of  the 
council  shall  be  open  to  the  public,  except  where  the  interests  of  the  city  shall 
require  secrecy.  A  journal  of  all  their  proceedings  shall  be  kept  by  the  clerk 
under  their  direction.  At  any  time,  at  the  request  of  any  two  members,  the 
ayes  and  noes  on  any  question  shall  be  taken  and  entered  upon  the  journal. 

§  622.  The  city  council  shall  have  power  and  authority  to  make  and  pass 
all  by-laws,  ordinances,  orders,  and  resolutions  not  repugnant  to  the  constitu- 
tion of  the  United  States  or  of  the  state  of  California,  or  the  provisions  of  this 
charter,  necessary  for  the  municipal  government  and  the  management  of  the 
affairs  of  the  city,  for  the  execution  of  the  powers  vested  in  said  body  cor- 
porate, and  for  carrying  into  effect  the  provisions  of  this  chapter;  to  fix  and 
collect  a  license  tax  on  and  to  regulate  theaters,  melodeons,  balls,  concerts, 
dances,  and  all  theatrical,  melodeon,  circus,  or  other  performances,  and  all 
performances  where  an  admission  fee  is  charged,  or  which  may  be  held  in 
any  house  or  place  where  wines  or  liquors  are  sold  to  the  participators;  also 
all  shows,  billiard  tables,  bowling  alleys,  exhibitions,  or  amusements;  to  fix 
and  collect  a  license  tax  on  and  to  regulate  all  taverns,  hotels,  restaurants, 
saloons,  bar-rooms,  banks,  brokers,  manufactories,  livery-stable  keepers, 
express  companies,  and  persons  engaged  in  transmitting  letters  or  packages, 
railroad,  stage,  and  steamboat  companies  or  owners,  whose  principal  place  of 
business  is  in  such  city,  or  who  shall  have  an  agency  therein;  to  license  and 
regulate  auctioneers ;  to  license,  regulate,  tax,  prohibit,  or  suppress  all  tippling- 
houses,  dram-shops,  saloons,  bars,  bar-rooms,  raffles,  hawkers,  peddlers, 
pawnbrokers,   refreshment  or  coffee  stands,  booths,   or  sheds;   to  prohibit  or 


862  BIUNICIPALi    CORPORATIONS — FOURTH    CLASS — COUNCIL. — POI^VERS. 

suppress,  or  to  license  and  regulate,  all  dance-houses,  fandango-houses,  cock- 
fights, dog-fights,  or  any  exhibition  or  show  of  any  animal  or  animals;  to 
license  and  tax  hackney-coaches,  cabs,  omnibuses,  drays,  market-wagons,  and 
all  other  vehicles  used  for  hire,  and  to  regulate  their  stands,  and  to  fix  the 
rates  to  be  charged  for  the  transportation  of  persons,  baggage,  and  property ; 
and  to  license  or  suppress  runners  for  steamboats,  railroads,  taverns,  or 
hotels ;  and  to  fix  and  collect  a  license  tax  upon  all  occupations  and  trades,  and 
all  and  every  kind  of  business  authorized  by  law,  not  heretofore  specified ;  and 
provided,  that  in  the  business  of  selling  intoxicating  drinks,  wines,  ales,  and 
beers,  in  less  quantities  than  one  quart,  or  to  be  drank  on  the  premises  where 
sold,  and  on  any  other  business,  trade,  or  calling  not  provided  by  law  to  be 
licensed  for  state  and  county  purposes,  the  amount  of  license  shall  be  fixed 
at  the  discretion  of  the  city  council,  as  they  may  deem  the  interests  and  good 
order  of  the  city  may  require ;  also  to  prevent  and  restrain  any  riot  or  riotous 
assemblage,  disturbance  of  the  peace,  or  disorderly  conduct,  in  any  place, 
house,  or  street  in  the  city;  to  prevent,  remove,  and  abate  nuisances  at  the 
expense  of  the  parties  creating,  causing,  or  committing,  or  maintaining  the 
same ;  to  establish,  maintain,  and  regulate  a  common  pound  for  estrays,  and 
to  appoint  a  poundkeeper,  who  shall  be  paid  out  of  the  fines  and  fees  imposed 
and  collected  for  the  owners  of  any  animals  impounded,  and  from  no  other 
source;  to  prevent  and  regulate  the  running  at  large  of  any  and  all  domestic 
animals  within  the  city  limits,  or  any  parts  thereof ;  and  to  regulate  or  prevent 
the  keeping  of  such  animals  within  any  part  of  the  city ;  to  control  and  regulate 
slaughter-houses,  wash-houses,  laundries,  tanneries,  forges,  and  offensive 
trades,  and  to  provide  for  their  exclusion  or  removal  from  the  city  limits,  or 
from  any  part  thereof;  to  provide,  by  regulation,  for  the  prevention  and  sum- 
mary removal  of  all  filth  and  garbage  in  the  streets,  sloughs,  alleys,  back  yards, 
or  public  grounds  of  such  city,  or  elsewhere  therein;  to  establish,  alter,  and 
repair  city  prisons,  and  to  provide  for  the  regulation  of  the  same,  and  for  the 
safe-keeping  of  persons  committed  thereto ;  to  provide  for  the  care,  feeding, 
and  clothing  of  the  city  prisoners ;  to  provide  for  the  formation  of  a  chain- 
gang  for  persons  convicted  of  crimes  or  misdemeanors,  and  their  proper  employ- 
ment and  compulsory  working  for  the  benefit  of  the  city ;  and  also  to  provide 
for  the  arrest  and  compulsory  working  of  vagrants ;  to  prohibit  and  suppress 
all  gaming,  and  all  gambling  or  disorderly  houses,  and  houses  of  ill-fame,  and 
all  immoral  and  indecent  amusements,  exhibitions,  and  shows;  to  establish 
and  regulate  markets  and  market-places ;  to  fix  and  regulate  the  speed  at  which 
railroad  cars  may  run  within  the  city  limits,  or  any  portion  thereof ;  to  provide 
for  and  regulate  the  commons  of  the  city ;  to  regulate  and  prohibit  fast  driv- 
ing or  riding  in  any  portion  of  the  city ;  to  regulate  or  prohibit  the  loading  or 
storage  of  gunpowder  and  combustible  or  explosive  materials  in  the  city,  or 
transporting  the  same  through  its  streets  or  over  its  waters ;  to  have,  purchase, 
hold,  use,  and  enjoy  property  of  every  name  or  kind  whatsoever,  and  the  same 
to  sell,  lease,  transfer,  mortgage,  convey,  control,  or  improve;  to  build,  erect, 
or  construct  houses,  buildings,  or  structures  of  any  kind  needful  for  the 
use  or  purposes  of  such  city;  to  establish,  continue,  regulate,  and  maintain  a 
fire  department  for  such  city,  to  change  or  reorganize  the  same,  and  to  dis- 
band any  company  or  companies  of  the  said  department ;  also  to  discontinue 


MUNICIPAL    CORPORATIONS— FOIJHTH    CLASS— COUNCIL— POWERS.  803 

and  disband  said  fire  department,  and  to  create,  organize,  establish,  and  main- 
tain a  paid  fire  department  for  such  city;  provided,  that  nothing  in  this  chapter 
shall  be  construed  to  authorize  the  said  city  council  to  disband  or  discontinue 
the  fire  department  of  any  city  having,  at  the  time  of  its  organization  under 
this  act,  a  volunteer  fire  department  organized  and  existing,  or  to  create, 
establish,  and  maintain  a  paid  fire  department  therein,  without  first  submitting 
the  proposition  of  establishing  a  paid  fire  department  for  such  city  to  the  legal 
voters  thereof,  at  a  general  city  election,  for  decision,  and  not  after  such  elec- 
tion, unless  thereat  a  majority  of  all  the  votes  cast  at  such  election  are  in  favor 
thereof;  and  in  the  event  that  any  time  hereafter  the  volunteer  fire  department 
of  such  city  shall  be  disorganized  or  disbanded,  and  a  paid  fire  department 
established  in  its  stead,  then  every  person  who  shall  have  been  an  active  fire- 
man for  the  space  of  two  years  next  before  the  date  of  such  disbanding  and 
establishing  shall  be  entitled  to  and  shall  receive  an  exempt  fireman's  cer- 
tificate, and  such  certificate  shall  entitle  the  person  to  whom  it  is  issued  to  all 
benefits  and  immunities  accorded  by  the  laws  of  this  state  in  regard  to  exempt 
firemen ;  to  institute  and  perfect  any  and  all  measures  and  means  for  the  pre- 
vention or  extinguishment  of  fires;  to  establish  fire  limits,  and  the  same  to 
alter  at  pleasure ;  to  regulate  or  prevent  the  erection  of  wooden  or  other  build- 
ings or  structures  of  combustible  materials;  to  regulate  the  construction  of 
buildings,  sheds,  awnings,  signs,  or  any  structures  of  a  dangerous  or  unsafe 
character;  to  adopt,  enter  into,  and  carry  out  means  for  securing  a  supply  of 
water  for  the  use  of  such  city  or  its  inhabitants,  or  for  irrigating  purposes 
therein ;  to  prevent  the  overflow  of  the  city,  or  to  secure  its  drainage ;  to  pro- 
vide for  the  numbering  of  houses;  to  establish  a  board  of  health;  to  prevent 
the  introduction  and  spread  of  disease ;  to  establish  a  city  infirmary,  and  pro- 
vide for  the  indigent  sick ;  and  to  provide  and  enforce  regulations  for  the  pro- 
tection of  health,  cleanliness,  peace,  and  good  order  of  the  city;  to  establish 
and  maintain  hospitals  within  or  without  the  city  limits;  to  control  and  regu- 
late interments,  and  prohibit  them  within  the  city  limits;  to  build,  alter, 
improve,  keep  in  repair,  and  control  the  water  front ;  to  erect,  regulate,  and 
repair  wharves,  and  to  fix  the  rate  of  wharfage  and  transit  wharf,  and  levy 
dues  upon  vessels  and  commodities;  and  to  provide  for  the  regulation  of 
berths,  landing,  stationing,  and  removing  of  steamboats,  sail  vessels,  rafts, 
barges,  and  all  other  water-craft ;  to  fix  the  rate  of  speed  at  Avhich  steamboats 
and  other  steam  water-craft  may  run  along  the  water  front  of  the  city;  to 
build  bridges  so  as  not  to  interfere  with  navigation ;  to  provide  for  the  removal 
of  obstructions  to  the  navigation  of  any  channel  or  watercourse ;  to  clear  out 
and  excavate  slouglis  and  other  watercourses  or  channels;  to  license  steamers, 
boats,  and  vessels  used  in  any  watercourse  in  the  city,  and  to  fix  and  collect 
a  license  tax  thereon;  to  license  ferries  and  bridges  under  the  law  regulating 
the  granting  of  such  license ;  to  determine  and  impose  fines  for  forfeitures  and 
penalties  that  shall  be  incurred  for  the  breach  or  violation  of  any  city  ordi- 
nance, and  also  for  a  violation  of  the  provisions  of  this  chapter,  when  no 
penalty  is  affixed  thereto  or  provided  by  law,  and  to  appropriate  all  such 
fines,  penalties,  and  forfeitures  for  the  benefit  of  the  city:  but  no  penalty  to 
be  enforced  shall  exceed,  for  any  ofi'ense,  the  amount  of  five  hundred  dollars, 
or  three  months'  imprisonment,  or  both;  and  every  violation  of  any  lawful 


8C4  MUNICIPAL    CORPORATIONS— FOURTH    CLASS— COUNCIL— POWERS. 

order,  regulation,  or  ordinance  of  the  city  council  of  such  city  is  hereby 
declared  a  misdemeanor  or  public  offense,  and  all  prosecutions  for  the  same 
maj''  be  in  the  name  of  the  people  of  the  state  of  California ;  to  create  and 
establish  a  city  police;  to  prescribe  their  duties  and  their  compensation,  and 
to  provide  for  the  regulation  and  government  of  the  same ;  to  provide  for  con- 
ducting elections  and  establishing  election  precincts,  when  necessary ;  to  exam- 
ine, either  in  open  session  or  by  committee,  the  accounts  or  doings  of  all  officers 
or  other  persons  having  the  care,  management,  or  disposition  of  moneys,  prop- 
erty, or  business  of  the  city;  to  make  all  appropriations,  contracts  or  agree- 
ments for  the  use  or  benefit  of  the  city,  and  in  the  city's  name;  to  provide  by 
ordinance  for  the  opening,  laying  out,  altering,  constructing,  extending,  repair- 
ing, grading,  paving,  graveling,  macadamizing,  or  otherwise  improving  of 
public  streets,  avenues,  and  other  public  ways,  or  any  portion  of  either 
thereof,  and  for  the  construction,  regulation  and  repair  of  sidewalks, 
and  other  street  improvements,  all  at  the  expense  of  the  property  to  be  bene- 
fited thereby,  without  any  recourse,  in  any  event,  upon  the  city  for  any  portion 
of  the  expense  of  such  work,  or  any  delinquency  of  the  property  holders  or 
owners,  and  to  provide  for  the  forced  sale  thereof  for  such  purposes ;  to  estab- 
lish a  uniform  grade  for  streets,  avenues,  sidewalks,  and  squares,  and  to  enforce 
the  observance  thereof;  to  clear,  cleanse,  alter,  straighten,  widen,  fill  up,  or 
close  any  waterway,  drain,  or  sewer,  or  any  watercourse  in  such  city,  when 
not  declared  by  law  to  be  navigable;  to  adopt,  provide  for,  establish,  and 
maintain  a  general  system  of  sewerage,  or  drainage,  or  both,  and  the  regula- 
tion thereof,  the  expense  thereof  to  be  borne  by  general  taxation  upon  the 
taxable  property  and  inhabitants  of  and  in  such  city ;  to  provide  funds  for  the 
purpose  aforesaid,  and  to  determine  manner,  terms,  and  place  of  connection 
with  main  or  central  lines  of  pipes,  sewers,  or  drains  established  with  funds 
derived  from  general  tax,  and  compel  compliance  with  and  conformity  to  such 
general  system  of  sewerage,  or  drainage,  or  both,  and  the  regulations  of  said 
council  thereto  relating,  by  the  infliction  of  suitable  penalties  and  forfeitures 
against  person  and  property,  or  either,  for  non-conformity  to  or  failure  to 
comply  with  the  provisions  of  such  system  and  regulations,  or  either;  to  pro- 
vide for  all  public  buildings,  public  parks,  or  squares,  necessary  or  proper  for 
the  use  of  the  city;  to  permit  the  use  of  the  streets  for  railroad  purposes;  to 
order  paid  any  final  judgment  against  such  city ;  but  none  of  •  its  lands, 
or  property  of  any  kind  or  nature,  taxes,  revenues,  franchise,  or  rights,  or 
interest,  shall  be  attached,  levied  upon,  or  sold  in  or  under  any  process  whatso- 
ever; to  regulate  the  sale  of  coal  and  wood  in  such  city,  and  may  appoint  a 
measurer  of  wood  and  weigher  of  coal  for  the  city,  and  define  his  duties,  and 
prescribe  his  term  of  office,  and  the  fees  he  shall  receive  for  his  services ;  pro- 
vided, that  such  fees  shall,  in  all  cases,  be  paid  by  the  parties  requiring  such 
service, 

§  623.  The  city  council  shall  not  create,  audit,  allow,  nor  permit  to  accrue 
any  debts  or  liabilities  above  the  actual  revenue  and  available  means  in  the 
treasury  that  may  be  legally  apportioned  for  such  purpose,  nor  shall  any  war- 
rant be  drawn,  or  evidence  of  indebtedness  be  issued,  unless  there  shall  be 
sufficient  money  in  the  treasury  justly  applicable  to  meet  the  same. 

§  624.     All  acounts  and  demands  that  shall  lawfully  arise  against  the  city 


MUJVICIPAIi    CORPORATIONS — FOURTH     CLASS— AIVNUAL    EXPENSES.  865 

shall  be  submitted  to  the  city  council,  and  if  found  correct  shall  be  allowed, 
and  an  order  be  made  that  the  demand  be  paid;  upon  which  (if  there  be  funds 
in  the  treasury  as  in  the  preceding  section  provided)  the  clerk  shall  draw  a 
warrant,  which  shall  be  countersigned  by  the  president  of  the  city  council, 
upon  the  treasurer,  in  favor  of  the  owner  or  owners  of  the  demand,  si/-?cifying 
for  what  purpose  and  by  what  authority  it  is  issued,  and  out  of  what  fund  it 
is  to  be  paid,  and  the  treasurer  shall  pay  the  same  out  of  the  proper  fund. 
All  accounts  and  demands  against  such  city,  other  than  such  as  are  charge- 
able to  or  payable  out  of  the  school  fund,  must  be  presented  to  the  city  council 
duly  itemized,  and  accompanied  with  an  affidavit  of  the  party,  or  his  agent, 
stating  the  same  to  be  a  true  and  legitimate  claim  against  such  city  for  the  full 
amount  for  which  the  same  is  presented,  and  that  the  same  accrued  as  set 
forth,  and  with  all  necessary  and  proper  vouchers,  wathin  one  year  from  the 
date  the  same  accrued ;  and  any  claim  or  demand  not  so  presented  within  the 
time  aforesaid  shall  be  forever  barred,  and  said  council  shall  have  no  authority 
to  allow  any  account  or  demand  not  so  presented  in  manner  and  time  as  afore- 
said, nor  shall  any  action  be  maintained  against  such  city  for  or  on  account 
of  any  demands  or  claim  against  the  same  until  such  demand  or  claim  shall 
have  first  been  presented  to  the  city  council  for  action  thereon. 

§  625.  The  annual  expenses  of  such  city  shall  not  exceed  the  sum  of  one 
hundred  thousand  dollars,  except  in  cities  where  one  per  centum  on  the  valua- 
tion of  the  property  therein  raises  more  than  the  sum  of  one  hundred  thousand 
dollars,  and  in  such  cities  the  annual  expenses  shall  not  exceed  the  sum  of  one 
per  centum  of  the  valuation  of  the  property  therein;  provided,  however,  that 
moneys  authorized  to  be  raised  and  expended  for  the  payment  of  the  funded 
or  bonded  indebtedness  of  such  city,  and  for  school  purposes  in  such  city,  as 
provided  to  be  raised  by  the  provisions  of  this  charter,  shall  not  be  considered 
a  portion  of  said  annual  expense.  If,  at  any  time  after  the  said  sum  shall 
have  been  expended  in  any  year,  it  shall  appear  that  the  interests  of  such  city 
demand  an  expenditure  of  an  additional  sum,  the  city  council  shall  make  a 
report  of  the  same,  which  shall  be  published  for  at  least  three  weeks  in  some 
newspaper  printed  and  published  in  such  city,  particularly  specifying  the 
object  or  objects  for  which  said  expenditure  is  required,  and  the  amount  of 
money  necessary  to  be  raised  to  complete  the  same.  At  any  time  within  ten 
days  after  the  expiration  of  said  publication,  the  city  council  shall  order  an 
election,  giving  ten  days'  notice  thereof,  at  which  time  those  persons  who  are 
legal  voters  of  such  city  may  vote  for  or  against  a  tax  to  raise  such  additional 
sum.  The  election  shall  be  conducted  and  returns  made  and  canvassed  in  all 
respects  as  the  general  elections  of  such  city,  and  a  majority  shall  determine 
if  such  tax  be  levied  or  not.  If  the  vote  is  in  favor  of  such  tax,  the  city  council 
shall  forthwith,  by  an  order  to  be  entered  on  the  journal  of  their  proceedings, 
order  the  tax  to  be  levied  and  collected  upon  the  basis  of  the  last  municipal 
assessment,  and  shall  make  the  proposed  expenditure;  provided,  that  the 
special  tax  thus  to  be  levied  shall,  for  no  one  year,  be  more  than  one  per 
centum  of  the  valuation  of  real  and  personal  property  in  the  city,  as  shown 
by  the  last  assessment  roll.  All  special  taxes  to  be  levied  and  collected  under 
the  provisions  of  this  section  shall  be  levied  and  collected  in  the  manner,  form, 
and  ways  prescribed  for  the  levying  and  collecting  of  the  general  taxes  of 

Gen.   Laws — 55 


sec  MUNICIPAL.     CORPORATIONS— FOURTH     CLASS— APPROPRIATIONS. 

such  city;  and  as  a  security  for  their  payment,  a  lien  shall  attach  to  and 
against  each  lot  of  land  for  the  amount  assessed  against  it  from  the  date  of 
the  order;  and  every  person,  firm,  or  corporation  against  whom  a  tax  be  thus 
assessed  shall  be  personally  liable  to  pay  the  amount  to  such  city.  Said  lien 
shall  continue  until  such  taxes  are  paid,  or  the  property  become  vested  in  a 
purchaser  under  a  sale  thereof.     [Amendment,  Stats.  1889,  371.] 

§  626.  Every  appropriation  or  payment  of  money  made  or  ordered  by  the 
city  council  in  excess  of  said  sum  stated  in  section  six  hundred  and  twenty- 
five,  unless  it  shall  be  authorized  by  a  vote  of  the  electors  of  such  city,  as  pro- 
vided for  in  the  preceding  section,  shall  be  invalid,  illegal,  and  void,  and  shall 
be  recoverable  by  the  city  from  the  party  or  parties  to  whom  the  same  is  made, 
if  knowingly  taken  or  received  by  such  party  or  parties ;  and  the  members  of 
the  city  council  who  shall  have  voted  for  the  same  shall  be  individually, 
jointly,  and  severally  liable  for  such  excess,  and  it  may  be  recovered  from 
them  in  any  court  of  competent  jurisdiction  by  the  party  or  parties  with 
whom  they  have  contracted,  or  by  the  city,  if  payment  has  been  actually  made. 
[Amendment,  Stats.  1889,  371.] 

§  627.  All  the  streets  in  such  city  that  have  been  or  shall  hereafter  be  laid 
out  and  dedicated  by  the  party  or  parties  owning  the  land  fronting  upon  the 
same,  or  by  the  authority  of  such  city,  and  declared  to  be  public  streets,  and 
that  have  been  or  shall  hereafter  be  used  as  such,  shall  be  and  are  hereby 
declared  public  streets  to  the  extent  that  the  same  may  have  been  or  shall  here- 
after be  used,  laid  out,  or  dedicated. 

§628.  All  contracts  for  work  to  be  performed,  or  materials  to  be  used, 
ordered  by  or  for  such  city,  or  in  which  it  is  interested,  may  be,  and  when  the 
cost  exceeds  five  hundred  dollars  shall  be,  let  to  the  lowest  bidder.  A  notice, 
signed  by  the  clerk,  soliciting  sealed  proposals,  shall  be  published  a  reason- 
able time,  in  no  case  less  than  ten  days,  prior  to  the  time  fixed  for  opening  such 
bids.  Such  notice  shall  designate  the  work  to  be  done,  and  the  place  and  the 
time  in  which  it  may  be  performed,  with  such  other  specifications  as  may  tend 
to  give  the  bidders  a  knowledge  of  the  object  to  be  accomplished,  and  with  a 
reference  to  the  diagram  or  specifications  on  file  in  the  clerk's  office.  On  the 
day  limited  in  said  notice  for  the  opening  of  said  bids  the  council,  or  a  com- 
mittee therefor  appointed,  shall,  in  open  meeting,  open  and  declare  said  bids 
and  award  the  contract  to  the  lowest  responsible  bidder;  provided,  however,' 
that  the  city  council,  or  its  committee,  may  reject  all  bids  Avhen  considered 
too  high  or  uncertain  from  any  circumstances.  The  council  or  committee  may, 
before  considering  any  offer,  require  security  that  the  party  will  enter  into  a 
contract  if  awarded  to  him;  and  all  contracts  shall  be  in  writing,  and  accom- 
panied with  a  bond  satisfactory  to  the  mayor.  No  officer  of  such  city  shall 
be  interested  in  any  contract  to  which  the  city  is  a  party,  and  any  contract 
contrary  to  the  provisions  hereof  shall  be  void. 

§  629.  The  city  council  is  authorized  and  empowered  to  establish,  lay  out, 
alter,  open,  improve,  and  repair  streets,  avenues,  sidewalks,  alleys,  bridges, 
squares,  and  other  public  highways  and  places  within  the  city,  and  to  drain, 
sprinkle,  and  light  the  same;  to  remove  all  obstructions  therefrom;  to  estab- 
lish the  grades  thereof ;  to  grade,  pave,  macadamize,  gravel,  and  curb  the  same, 


MUNICIPAL,    CORPORATIONS— POURIH    CLASS— STREETS— ORDINANCES.         867 

in  whole  or  in  part,  and  to  construct  gutters,  culverts,  sidewalks,  and  cross- 
walks therein,  or  upon  any  part  thereof;  to  cause  to  be  planted,  set  out,  and 
cultivated,  shade  trees  along  the  lines  thereof  or  therein,  and  generally  to 
manage  and  control  all  such  highways  and  places. 

§  630.  The  city  council  shall  have  the  power  to  provide  by  ordinance  for 
doing  any  or  all  work  in  or  upon  the  streets,  avenues,  highways,  and  public 
places  of  such  city,  and  for  making  therein  street  improvements  and  repairs, 
or  for  the  preservation  thereof,  and  for  doing  any  or  all  work  thereupon  or 
therein  authorized  by  this  chapter;  and  for  the  payment  of  the  cost  and 
expenses  thereof  by  the  levy  and  collection  of  special  assessments  therefor 
upon  the  property  to  be  affected  or  benefited  thereby.  That  is  to  say,  the 
expense  or  cost  of  any  work  or  improvement  upon  the  streets,  avenues,  or 
public  ways  of  such  city  shall  be  assessed  upon  the  lots  a.nd  lands  fronting 
thereon,  each  lot  or  portion  of  a  lot  being  separately  assessed  for  the  full  debt 
thereof  in  proportion  to  the  benefits  upon  the  property  to  be  benefited  sufficient 
to  cover  the  total  expense  of  the  work  to  the  center  of  the  street  on  which  it 
fronts.  The  expense  of  all  improvements  in  the  space  formed  by  the  junction 
of  two  or  more  streets,  or  where  one  main  street  terminates  in  or  crosses 
another  main  street,  and  also  all  necessary  street  crossings  or  crossways,  shall 
be  paid  by  such  city.  In  all  the  streets  constituting  the  water  front  of  such 
city,  or  bounded  on  the  one  side  by  the  property  thereof,  the  expense  of  work 
done  on  that  portion  of  said  streets  from  the  center  line  thereof  to  the  said 
water  front,  or  to  such  property  of  the  city  bounded  thereon,  shall  be  pro- 
vided for  by  such  city,  but  no  contract  for  any  such  work  shall  be  given, 
except  to  the  lowest  responsible  bidder,  and  in  the  manner  hereinbefore  pro- 
vided. AVhen  any  work  or  improvement  mentioned  in  this  section  is  done 
or  made  on  one  side  of  the  center  line  of  said  streets,  avenues,  or  public  ways, 
the  lots  or  portions  of  lots  fronting  on  that  side  only  shall  be  assessed  to  cover 
the  expenses  of  said  work,  according  to  the  provisions  of  this  chapter. 

§631.     The  style  of  the  city  ordinances  shall  be  as  follows:     "The  mayor 

and  city  council  of  the  city  of do  ordain  as  follows;"  and  all  ordinances 

shall  be  published  in  one  or  more  of  the  newspapers  published  in  the  city. 

§  632.  By-laws  and  ordinances  shall  be  passed  by  the  city  council  and 
approved  by  the  mayor,  or  the  president  of  the  city  council  acting  in  his  stead. 
But  before  any  by-law  or  ordinance  shall  have  any  binding  validit}^,  it  shall 
be  published  in  one  or  more  newspapers  published  in  the  city,  and  recorded 
in  the  record-book  to  be  kept  by  the  clerk.  The  clerk  shall  certify  on  the 
record  the  fact  of  publication,  and  so  certified,  the  record  shall  be  prima  facie 
evidence  of  the  passage  thereof,  and  may  be  read  as  evidence  of  the  by-law  or 
ordinance,  and  its  publication.  A  printed  copy  of  any  ordinance  or  by-law,  or 
a  compilation  thereof,  printed  by  authority  of  the  city  council,  and  attested  by 
the  clerk,  shall  be  evidence  thereof  in  same  manner  and  with  like  effect. 

§  633.  All  orders  of  the  city  council,  to  have  force  and  legal  validity,  shall 
be  entered  on  the  journal  of  their  proceedings,  which  journal  shall  be  signed  by 
the  officer  who  may  preside  at  such  meeting. 

§  634.  Upon  the  passage  of  all  ordinances  appropriating  money,  imposing 
taxes,  abolishing  licenses,  increasing  or  lessening  the  amount  to  be  paid  for 
licenses,  the  ayes  and  noes  shall  be  entered  upon  the  journal. 


8G8 


MUNICIPAL,     CORPORATIONS— FOURTH     CLASS— TAXATION. 


§  635.  A  majority  of  all  the  members  elected  shall  be  necessary  to  pass 
any  ordinance  appropriating  for  any  purpose  the  sum  of  five  hundred  dollars 
or  upwards,  or  any  ordinance  imposing  any  assessment,  tax  or  license,  or 
in  anywise  increasing  or  diminishing  the  city  revenue. 

§  636.  The  trustees  of  any  free  public  library,  created  or  existing  in  such 
city  under  the  provisions  of  an  act  entitled  "An  act  to  establish  the  public 
libraries  and  reading-rooms,"  approved  April  twenty-sixth,  eighteen  hundred 
and  eighty,  shall  be  appointed  by  the  city  council  in  the  same  manner  as  other 
officers  are  appointed  under  the  provisions  of  this  chapter,  anything  in  the 
provisions  of  said  act  to  the  contrary  notwithstanding. 

ARTICLE   IV. — TAXATION. 

§  640.  The  city  council  shall  have  full  power  and  authority  to  assess,  levy, 
and  collect  annually  taxes  upon  all  the  property  within  the  city,  taxable  for 
state  purposes,  not  exceeding  one  per  centum  upon  the  assessed  value  thereof, 
which  shall  be  paid  into  the  general  fund  for  current  expenses.  They  shall 
provide  for  the  payment  of  the  principal  and  interest  of  the  bonded  indebted- 
ness, if  any,  of  such  city,  and  for  the  payment  of  the  other  indebtedness  of 
such  city  not  funded;  and  they  shall  each  year  levy,  assess,  and  collect  an 
additional  tax  upon  the  taxable  property  as  aforesaid,  not  exceeding  two  per 
centum  in  any  one  year,  which,  when  collected,  shall  be  paid  into  a  fund  to  be 
disbursed  as  follows : 

1.  To  pay  the  interest  on  said  bonds ; 

2.  To  a  fund  for  the  payment  of  the  principal  thereof;  and, 

3.  To  meet  any  indebtedness,  as  aforesaid,  not  funded. 

And  the  city  council,  in  making  said  levy,  shall  estimate  the  proportion 
requisite  for  each  fund,  and  the  same  shall  be  expended,  under  the  direction  of 
the  city  council,  for  the  purpose  aforesaid,  and  for  no  other  purpose.  Said 
tax  shall  be  levied,  assessed,  and  collected  upon  all  property  liable  to  taxation 
within  such  portion  and  such  limits,  and  so  much  of  the  territory  of  such 
city  as  shall  be  liable  therefor  under  the  laws  and  charters  in  existence  at  the 
time  of  the  organization  of  such  city  under  this  act ;  and  if,  by  reason  of  exten- 
sion of  territory,  or  from  any  cause,  a  portion  only,  or  a  certain  district,  of 
such  city  be  liable,  under  said  laws  and  charters,  for  the  payment  of  the 
bonded  and  other  indebtedness  above  named,  or  any  portion  of  either  thereof, 
the  city  council  in  levying  such  tax  shall  make  such  levy  upon  and  against 
the  property  which  is  situated  and  persons  who  may  reside  in  the  territory  of 
such  city,  liable  in  each  case  for  the  payment  of  such  indebtedness,  or  any 
particular  class  or  portion  thereof,  according  to  such  existing  laws  and  char- 
ters. The  city  council  shall  also  have  power  to  raise  annually,  by  tax  upon 
all  the  property  within  the  city  taxable  for  state  purposes,  w^hatever  amount 
of  money  may  be  requisite  for  the  support  of  free  public  schools  therein,  includ- 
ing high  schools,  and  providing  and  furnishing  houses  therefor;  but  the  tax 
provided  for  in  this  section  shall  not  exceed  thirty-five  cents  on  each  one  hun- 
dred dollars'  valuation  upon  the  assessment  roll  in  any  one  year,  and  may,  in 
like  manner,  raise  by  tax  a  fund  for  the  establishment  and  maintenance  of  a 
free  public  library  and  reading-room ;  such  tax  not  to  exceed,  in  any  one  year, 
the  rate  of  ten  cents  on  each  hundred  dollars'  valuation. 


MUNICIPAL.    COnrORATIONS — FOURTH    CLASS— TAXATION — ASSEISSORS.  8«0 

§  641.  It  shall  be  the  duty  of  the  city  assessor  to  prepare,  between  the  first 
day  of  January  and  the  first  Monday  in  April  in  each  year,  and  present  to  the 
city  clerk,  with  his  certificate  of  its  correctness,  a  list  of  all  the  real  and  personal 
property  within  the  city  on  the  first  day  of  January  taxable  for  state  and 
county  purposes,  with  a  true  valuation  thereof  on  the  first  day  of  January, 
which  said  assessment  list  shall  conform  as  near  as  practicable,  when  not 
inconsistent  with  the  provisions  of  this  chapter,  to  the  assessment  list  required 
by  law  to  be  made  by  the  county  assessor  for  state  and  county  purposes ;  also, 
to  make  all  assessments  for  the  improvements  of  streets  as  herein  or  by  ordi- 
nance provided;  to  be  present  at  the  sessions  of  all  boards  of  equalization 
mentioned  in  this  chapter,  and  to  furnish  to  said  board  such  information  as 
may  be  required,  and  to  perform  such  other  services  in  reference  to  the  assess- 
ments of  property  in  the  city  or  otherwise  appertaining  to  his  office  as  the  city 
council  by  ordinance  or  resolution  may  require.  During  the  session  of  the 
board  of  equalization  the  city  assessor  shall  enter  upon  the  assessment  list  all 
the  changes  and  corrections  made  by  the  board,  and  may  assess  and  add  to 
such  list  any  property  in  such  city  not  previously  assessed.  In  the  assessment 
and  listing  of  property  for  taxation,  and  in  the  collection  of  tax  upon  personal 
property  not  secured  by  lien  upon  real  estate,  he  shall  have  and  may  exercise 
the  same  powers  as  are  conferred  by  law  upon  county  assessors,  and  shall 
receive  therefor  the  same  fees  and  compensation.  He  shall  receive  a  salary  to 
be  fixed  by  the  city  council,  which  shall  not  exceed  five  hundred  dollars  per 
annum.     [Amendment,  Stats.  1889,  371.] 

§  642.  The  city  council,  or  a  committee  of  their  number  selected  for  that 
purpose  by  the  city  council,  at  a  meeting  thereof  to  be  held  on  the  first  ]\Ion- 
day  of  April  of  each  year,  shall  constitute  a  board  of  equalization,  and  shall, 
after  the  assessor  shall  have  completed  and  handed  in  his  assessment  list  to 
the  city  clerk,  and  after  five  days'  notice  published  in  some  newspaper  in  such 
city,  hold  meetings  to  hear  and  determine  all  complaints  respecting  the  valua- 
tion of  property  as  fixed  by  the  assessor  in  such  list,  and  shall  have  power, 
on  their  own  motion,  with  or  without  complaint  made,  to  modify  and  change 
such  valuation  in  any  way  they  shall  deem  just  and  proper;  provided,  how- 
ever, that  before  making  any  change  in  any  assessment,  the  board  shall  notify 
the  person  interested  by  letter,  deposited  in  the  post-office  or  express,  post-paid, 
and  addressed  to  such  person,  at  least  three  days  before  action  taken,  of  the 
day  fixed  when  the  matter  shall  be  investigated;  provided,  further,  that  no 
reduction  must  be  made  in  the  valuation  of  property,  unless  the  party  affected 
thereby,  or  his  agent,  makes  and  files  with  the  board  a  written  application 
therefor  verified  by  his  oath,  showing  the  facts  upon  which  it  is  claimed  such 
reduction  should  be  made.  Any  member  of  said  board  shall  have  power  to 
administer  oaths  and  affirmations  in  the  matters  before  said  board,  and  the 
sessions  of  said  board  shall  be  held  from  time  to  time,  as  in  its  notice  specified, 
for  the  period  of  two  weeks,  and  no  longer. 

§  643.  After  the  board  of  equalization  shall  have  completed  their  duties, 
the  city  clerk  shall  add  up  the  columns  of  valuation,  and  enter  the  total  valua- 
tion of  each  description  of  property  in  the  list,  and  the  total  value  of  all 
property  assessed  and  listed  thereon;  and  thus  equalized  and  added  up,  the 
clerk  shall,  on  the  first  Monday  of  May  thereafter,  deliver  it  to  the  city  council. 


870  MUNICIPAL  CORPORATIONS— FOURTH   CLASS — TAXATION— COLLECTOR. 

§  644.  On  the  first  Monday  in  May  in  every  year  the  city  council,  by  an 
ordinance,  shall  levy  upon  all  the  property  in  the  city  taxable  by  law  for  state 
purposes  a  tax  for  school  purposes,  and  for  the  current  and  general  expenses 
of  the  city,  and,  in  conformity  to  the  provisions  of  this  chapter,  shall  levy 
any  and  all  other  taxes  by  law  directed  then  to  be  levied  or  assessed;  and,  in 
conformity  with  the  provisions'  of  this  chapter,  shall  levy  a  tax  for  the  pay- 
ment of  the  funded  debt  upon  the  property  liable  therefor.  Every  tax  so 
levied  is  made  a  lien,  which  shall  attach  on  said  day  in  each  year  to  and  against 
all  real  property  assessed  for  the  amount  assessed  against  it;  and  if  said 
property  be  assessed  to  a  wrong  person,  or  by  a  wrong  name,  said  lien  shall 
in  nowise  be  affected  or  invalidated,  and  it  shall  not  be  satisfied  or  removed 
until  the  taxes  are  paid,  or  the  property  has  absolutely  vested  in  a  purchaser 
under  and  by  reason  of  a  sale  for  such  taxes.  Every  tax  assessed  upon  per- 
sonal property  is  a  lien  upon  the  real  property  of  the  owner  thereof  from  and 
after  the  time  of  the  levy  of  such  tax.  The  fiscal  year  shall  begin  on  the  first 
day  of  January;  and  the  terms  ''real  and  personal  property"  shall  have  the 
same  meaning  as  the  same  terms  used  in  the  revenue  laws  of  the  state. 

§  645,  As  soon  as  the  city  council  have  declared  and  levied  the  taxes  in 
any  year,  as  in  the  preceding  section  provided,  the  citj^  clerk  shall  carry  out, 
in  a  separate  money  column  in  the  list,  the  amount  of  taxes  assessed  against 
each  individual,  firm,  company,  corporation,  or  unknown  owner,  and  add  and 
put  down  the  aggregate  of  all  taxes  as  shown  by  the  list;  and  as  thus  carried 
out,  the  city  clerk  shall  certify  to  its  correctness,  and  on  or  before  the  third 
Monday  of  May  thereafter  deliver  it  to  the  city  collector,  and  shall  charge 
him  with  the  amount  of  taxes  so  footed  up,  and  take  his  receipt  therefor. 

§  646.  The  collector,  on  receiving  the  assessment  list  certified  by  the  clerk, 
shall  proceed  to  collect  the  taxes  specified  therein,  and  pay  over  the  same  into 
the  treasury,  taking  a  receipt  thereof  [therefor].  For  the  purpose  of  collecting 
the  taxes  authorized  by  this  chapter,  the  city  collector  shall  have  such  powers  as. 
are  given  by  the  revenue  laws  of  this  state  to  collectors  of  state  and  county  taxes, 
SO  far  as  the  same  are  applicable.  All  taxes  unpaid  at  the  close  of  official 
business  on  the  third  Monday  of  June  shall  be  deemed  delinquent,  after  which 
time  the  collector  shall  receive  no  money  for  taxes ;  and  he  shall,  on  said  day,, 
enter  upon  assessment  roll  a  levy  upon  all  property  therein  assessed  the  taxes 
upon  which  remain  unpaid,  and  shall  immediately  ascertain  the  total  amount 
of  taxes  unpaid,  and  file  in  the  office  of  the  city  clerk  a  list  of  all  persons  and 
property  then  owing  taxes,  verified  by  his  oath,  which  list  shall  be  known  as 
the  delinquent  list. 

§  647.  On  the  third  Monday  in  June  of  each  year,  at  six  o'clock  p.  m.,  all 
unpaid  taxes  are  delinquent,  and  thereafter  the  collector  must  collect  thereon, 
for  the  use  of  the  city,  an  addition  of  five  per  centum. 

§  648.  On  the  first  INIonday  in  July  of  each  year,  the  city  collector  must 
deliver  to  the  city  clerk  a  complete  delinquent  list  of  all  persons  and  property 
then  owing  taxes;  and  in  the  list  so  delivered  must  be  set  down  in  numerical 
or  alphabetical  order  all  matters  and  things  contained  in  the  assessment  roll 
and  relating  to  delinquent  persons  or  property. 

§  649.     The  city  clerk  must  carefully  compare  such  delinquent  list  with  the 


MUNICIPAL,    CORPORATIONS— FOURTH    CLASS — TAXES— DELINQUENT    LIST.      871 

assessment  roll,  and  if  satisfied  that  it  contains  a  full  and  true  statement  of 
all  taxes  due  and  unpaid,  he  must  foot  up  the  total  amount  of  taxes  so  remain- 
ing unpaid,  credit  the  city  collector  therewith,  and  make  a  final  settlement 
with  him  of  all  taxes  charged  against  him  on  the  assessment  roll ;  and  must 
require  from  him  the  treasurer's  receipt  for  the  full  amount  of  taxes  col- 
lected. 

§  650.  After  settlement  with  the  city  collector,  as  prescribed  in  the  preced- 
ing section,  the  city  clerk  must  charge  the  city  collector  with  the  amount  of 
taxes  due  on  the  delinquent  tax  list,  with  the  five  per  centum  added  thereto, 
and  within  three  days  thereafter  deliver  the  list,  duly  certified,  to  such  city 
collector. 

§  651.  On  or  before  the  third  ]\londay  in  July  of  each  year,  the  city  col- 
lector must  publish  the  delinquent  list,  which  must  contain  the  names  of  the 
persons  and  a  description  of  property  delinquent,  and  the  amount  of  taxes 
and  costs  due,  opposite  each  name  and  description,  with  the  taxes  due 
on  personal  property,  added  to  taxes  on  real  estate  where  the  real  estate 
is  liable  therefor,  or  the  several  taxes  are  due  from  the  same  person. 
To  said  list  must  be  appended  and  with  it  published  a  notice  that  unless 
the  taxes  delinquent,  together  with  the  costs  and  percentage,  are  paid,  the  real 
property  upon  which  such  taxes  are  a  lien  will  be  sold  at  public  auction,  and 
designating  therein  the  time  and  place  of  such  sale,  which  must  take  place  in 
or  in  front  of  the  city  collector's  office,  and  not  less  than  fourteen  nor  more 
than  twenty-one  days  from  the  first  publication. 

§  652.  Said  list  must  be  published  three  times  a  week  for  two  successive 
weeks  in  some  newspaper  or  supplement  thereto  published  in  such  city,  and 
when  such  publication  is  completed,  and  before  commencing  the  sale,  the  city 
collector  must  file  with  the  city  clerk  a  copy  of  the  publication,  with  his 
affidavit  attached  thereto,  that  it  is  a  true  copy  of  the  same,  and  that  the  pub- 
lication was  made  in  a  newspaper  or  a  supplement  thereto,  stating  the  name 
and  place  of  publication;  such  affidavit  shall  be  prima  facie  evidence  of  all  the 
facts  therein  stated.  The  expense  of  the  publication  of  the  delinquent  list  is 
to  be  paid  by  the  city. 

§  653.  The  city  collector  must  collect,  in  addition  to  the  taxes  due  on  the 
delinquent  list,  and  five  per  centum  added  thereto,  fifty  cents  on  each  lot, 
piece,  or  tract  of  land  separately  assessed,  and  on  each  assessment  of  personal 
property,  one  half  of  which  must  go  to  the  city,  and  the  other  to  the  city  col- 
lector, in  full  for  preparing  the  list. 

§  654.  On  the  day  fixed  for  the  sale,  or  on  some  subsequent  day  to  which 
he  may  have  postponed  it,  of  which  he  must  give  notice,  the  city  collector, 
between  the  hours  of  ten  o'clock  a.  m.  and  three  p.  m.,  must  commence  the 
sale  of  the  property  advertised,  commencing  at  the  head  of  the  list,  and  con- 
tinuing alphabetically,  or  in  the  numerical  order  of  lots  and  blocks,  until  com- 
pleted. 

§  655.  He  may  postpone  the  day  of  commencing  the  sale,  or  the  sale,  from 
day  to  day;  but  the  sale  must  be  completed  within  two  weeks  from  the  day 
first  fixed. 

§  656.     The  owner  or  person  in  possession  of  any  real  estate  ofiered  for  sale 


872        MUNICIPAL,  CORPORATIONS — FOURTH   CLASS— DELINQUENT  TAXES— SALE. 

for  taxes  due  thereon  may  designate,  in  writing,  to  the  city  collector,  prior 
to  the  sale,  what  portion  of  the  property  he  wishes  sold,  if  less  than  the  whole ; 
but  if  the  owner  or  the  possessor  does  not,  then  the  collector  may  designate  it, 
and  the  person  who  will  take  the  least  quantity  of  the  land,  or  in  case  an  undi- 
vided interest  is  assessed,  then  the  smallest  portion  of  the  interest,  and  pay  the 
taxes  and  costs  due,  including  fifty  cents  to  the  city  collector  for  the  duplicate 
certificate  of  sale,  is  the  purchaser. 

§  657.  After  receiving  the  amount  of  the  taxes  and  costs,  the  city  collector 
must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of  sale,  stating 
(when  known)  the  name  of  the  person  assessed,  a  description  of  the  land  sold, 
the  amount  paid  therefor,  that  it  was  sold  for  taxes,  giving  the  amount  and 
year  of  the  assessment,  and  specifying  the  time  when  the  purchaser  will  be 
entitled  to  a  deed. 

§  658.  The  certificates  must  be  signed  by  the  collector,  and  one  copy 
delivered  to  the  purchaser,  and  the  other  filed  in  the  office  of  the  county 
recorder. 

§  659.  The  city  collector,  before  delivering  any  certificate,  must  in  a  book 
enter  a  description  of  the  land  sold,  corresponding  with  the  description  in  the 
certificate,  the  date  of  sale,  purchaser's  name,  and  amount  paid,  regularly 
number  the  descriptions  on  the  margin  of  the  book,  and  put  a  corresponding 
number  on  each  certificate.  Such  book  must  be  open  to  public  inspection, 
without  fee,  during  office  hours,  when  not  in  actual  use. 

§  660.  On  filing  the  certificate  with  the  county  recorder,  the  lien  of  the  city 
vests  in  the  purchaser,  and  is  only  devested  by  the  payment  to  him,  or  to  the 
city  treasurer  for  his  use,  of  the  purchase  money,  and  fifty  per  centum  thereon. 

§  661.  A  redemption  of  the  property  sold  may  be  made  by  the  owner,  or 
any  party  in  interest  within  twelve  months  from  the  date  of  the  purchase. 

§  662.  On  receiving  the  certificate  of  sale,  the  recorder  must  file  it,  and 
make  an  entry  in  a  book  similar  to  that  required  of  the  collector.  On  the 
presentation  of  the  receipt  of  the  person  named  in  the  certificate  or  of 
the  city  treasurer  for  his  use,  of  the  total  amount  of  redemption  money,  the 
recorder  must  mark  the  word  "Redeemed,"  the  date,  and  by  whom  redeemed, 
on  the  certificate,  and  in  the  margin  of  the  book  where  the  entry  of  the  cer- 
tificate is  made. 

§  663.  If  the  property  is  not  redeemed  within  the  time  allowed  by  law  for 
its  redemption,  the  city  collector,  or  his  successor  in  office,  must  make  to  the 
purchaser,  or  assignee,  a  deed  of  the  property,  reciting  in  the  deed  substan- 
tially the  matters  contained  in  the  certificate,  and  that  no  person  has  redeemed 
the  property  during  the  time  allowed  for  its  redemption.  The  collector  shall 
be  entitled  to  receive  from  the  purchaser  three  dollars  for  making  such  deed. 

§  664.  The  matters  recited  in  the  certificate  of  sale  must  be  recited  in  the 
deed,  and  such  deed  duly  acknowledged  or  proved  is  prima  facie  evidence 
that: 

1.  The  property  was  assessed,  as  required  by  law; 

2.  The  property  was  equalized,  as  required  by  law; 

3.  The  taxes  were  levied  in  accordance  with  law; 

4.  The  taxes  were  not  paid ; 


MUNICIPAL,   CORPORATIONS — FOURTH  CLASS— EXECUTIVE  DEPARTxMENT.        873 

5.  At  a  proper  time  and  place  the  property  was  sold,  as  prescribed  by  law, 
and  by  the  proper  officer ; 

6.  The  property  was  not  redeemed; 

7.  The  person  who  executed  the  deed  was  the  proper  officer; 

8.  Where  the  real  estate  was  sold  to  pay  taxes  on  personal  property,  that 
the  real  estate  belonged  to  the  person  liable  to  pay  the  tax. 

§  665.  Such  deed,  duly  acknowledged  or  proved,  is  (except  as  against 
actual  fraud)  conclusive  evidence  of  the  regularity  of  all  other  proceedings, 
from  the  assessment  by  the  assessor,  inclusive,  up  to  the  execution  of  the  deed, 
and  conveys  to  the  grantee  the  absolute  title  to  the  lands  described  therein, 
free  from  all  encumbrances, 

§  666.  The  assessment  roll  or  delinquent  list,  or  a  copy  thereof,  certified 
by  the  city  clerk,  showing  unpaid  taxes  against  any  person  or  property,  is 
prima  facie  evidence  of  the  assessment,  the  property  assessed,  the  delinquency, 
the  amount  due  and  unpaid,  and  that  all  the  forms  of  law  in  relation  to  the 
assessment  and  levy  of  such  taxes  have  been  complied  with. 

ARTICLE   V. — EXECUTIVE   DEPARTMENT. 

§  670.  The  mayor  shall  be  the  chief  executive  officer  of  the  city.  He  shall 
have  a  general  supervision  over  the  several  departments  of  the  city  govern- 
ment, and  over  all  its  interests,  shall  preside  over  the  city  council  when  pres- 
ent, once  in  three  months  submit  a  general  statement  of  the  condition  of  its 
various  departments,  and  recommend  to  the  city  council  such  measures  as  he 
may  deem  expedient  for  the  public  good,  or  improvement  of  the  city,  its 
finances,  or  government.  He  shall  sign  all  ordinances  passed  by  the  city 
council,  if  he  approves  them;  if  he  does  not  approve,  he  shall,  within  eight 
days  after  its  submission  to  him,  return  the  same  to  the  city  clerk's  office,  with 
his  objections  in  writing,  and  at  the  first  meeting  of  the  city  council  thereafter 
the  same  shall  be  entered  upon  their  journal,  and  they  shall  then  reconsider 
such  ordinance,  and  unless  two  thirds  of  the  council  men-elect  vote  for  its 
passage,  it  shall  not  become  a  law.  If  the  mayor  shall  not  so  return  any 
ordinance  within  eight  days,  it  shall  become  a  law  as  if  he  had  signed  it.  He 
may  call  special  meetings  of  the  city  council  at  any  time ;  he  shall  do  so  at  the 
written  request  of  four  councilmen,  by  notifying  each  member  personally,  or 
by  a  written  notice  left  at  his  last  and  usual  place  of  abode,  or  at  his  place 
of  business  during  business  hours,  stating  the  purpose  of  such  meeting. 

§  671.  The  president  of  the  city  council  shall  preside  at  all  its  meetings 
when  the  mayor  is  not  present ;  and  whenever  there  is  a  vacancy  in  the  office  of 
mayor,  or  he  is  absent  from  the  city,  or  unable,  from  any  cause,  to  discharge 
the  duties  of  his  office,  the  president  shall  act  as  mayor  and  exercise  all  his 
authority  and  be  subject  to  his  duties.  He  shall  countersign  all  warrants  and 
licenses  issued  under  and  by  •  authority  of  the  city,  but  in  his  absence  or 
inability  to  perform  said  duty,  the  mayor,  or,  if  he  is  absent  or  unable  to  per- 
form said  duty,  the  president  pro  tempore,  or  if  none  has  been  elected  the 
chairman  of  the  finance  committee,  may  sign  the  same. 

§  672.  The  chief  of  police,  city  attorney,  city  assessor,  city  clerk,  and  city 
collector,  and  street  commissioner  may  each,  with  the  approval  of  the  city 
council,  only  appoint  such  deputies  as  may  be  necessary,  by  writing,  to  be  filed 


874         MUNICIPAL    CORPORATIONS— FOURTH    CLASS— OFFICERS    AND    DUTIES. 

with  the  clerk.  Each  deputy  so  appointed  shall  receive  for  his  services  a 
compensation  to  be  fixed  by  the  city  council,  not  exceeding  one  hundred  dollars 
per  month,  and  shall  perform  such  duties  under  the  direction  of  his  principal 
as  may  bj^  said  council  be  prescribed.  The  principals  shall  be  each  responsible 
for  his  deputy,  and  may  revoke  the  appointment  at  pleasure. 

§  673,  The  chief  of  police  shall  receive  a  salary  v^^hich  shall  not  exceed  the 
sum  of  fifteen  hundred  dollars  per  annum,  to  be  determined  by  the  city  council. 

§  674.  The  city  treasurer  shall  receive  a  salary  which  shall  not  exceed  the 
sum  of  three  hundred  dollars  per  annum,  to  be  determined  by  the  city  council. 

§  675.  It  shall  be  the  duty  of  the  city  treasurer  to  receive  and  safely  keep 
all  moneys  belonging  to  such  city,  from  whatever  source  derived,  to  place  the 
same  to  the  credit  of  the  different  funds  to  which  they  properly  belong,  in  a 
book  kept  for  that  purpose ;  to  disburse  said  moneys  by  the  direction  of  the 
city  council,  and  in  accordance  with  the  provisions  made  by  them,  and  the 
school  fund,  by  the  direction  of  the  board  of  education,  under  the  provisions 
of  this  chapter,  and  to  make  a  report  monthly  to  the  city  council  of  the  condi- 
tion of  the  treasury, 

§  676,  It  shall  be  the  duty  of  the  clerk  of  the  city  to  keep  the  corporate 
seal  and  all  papers  and  documents  belonging  to  the  city;  to  file  them  in  his 
office,  under  appropriate  heads;  to  attend  the  sittings  of  the  city  council  and 
to  keep  a  journal  of  their  proceedings  and  records  of  all  their  by-laws,  resolu- 
tions, and  ordinances;  to  sign  all  warrants  and  licenses  issued  in  pursuance 
of  the  orders  and  ordinances  of  the  city  council,  and  to  affix  the  corporate  seal 
on  such  licenses;  to  keep  an  accurate  account  in  a  suitable  book,  under  the 
appropriate  heads,  of  expenditures  of  all  orders  drawn  upon  the  city  treasurer, 
and  all  warrants  issued  in  pursuance  thereof;  also,  to  keep  an  account  in  an 
appropriate  book  of  all  licenses  issued,  with  the  names  of  the  persons  to  whom 
issued,  the  date  of  issue,  the  time  for  which  the  same  was  granted,  and  the 
sums  paid  therefor,  and  to  perform  such  other  duties  as  he  may  be  required 
to  perform  by  the  provisions  of  this  act,  or  by  ordinance.  He  shall  receive  for 
his  services  a  salary  to  be  fixed  by  the  city  council,  not  exceeding  the  sum  of 
one  hundred  dollars  per  month, 

§  677,  It  shall  be  the  duty  of  the  city  assessor  to  prepare  the  assessment 
rolls,  lists,  and  books,  and  to  make  the  assessment  of  persons  and  property  in 
said  city  as  required  by  this  chapter ;  also  to  make  and  present  all  assessments 
for  improvement  of  streets,  or  other  work  of  like  character.  He  shall  receive 
a  salary,  to  be  fixed  by  the  city  council,  not  exceeding  five  hundred  dollars 
per  annum, 

§  678.  The  city  collector  and  street  commissioner  shall  collect  all  taxes, 
assessments,  licenses,  wharfage  rates,  and  all  other  moneys  or  dues  owing, 
accruing,  belonging,  or  coming  to  said  city,  and  the  same  shall  pay  over 
monthly  to  the  city  treasurer,  unless  otherwise  ordered  by  the  city  council. 
He  shall  regulate  the  landing  and  stationing  of  all  steamers,  vessels,  boats,  or 
other  water-craft,  and  shall  make  report  to  the  city  council  each  month.  As 
street  commissioner,  he  shall  have  the  general  supervision  of  all  streets,  public 
squares,  levees,  wharves,  sloughs,  drains,  waterways,  bridges,  sidewalks,  cross- 
walks,   and   public   buildings,    and   shall   superintend    all   work,    repairs,    or 


MUNICIPAL    CORPORATIONS — FOURTH    CLASS— JUDICIAL    DEPARTMENT.        875 

improvement  thereof  or  thereon.  At  the  request  of  the  street  committee  of 
the  city  council,  he  shall  make  report  to  them  of  any  of  his  doings,  and  shall 
do  and  perform  all  such  other  duties  as  may  be  required  of  him  by  ordinance 
of  the  city  council.  As  street  commissioner  of  such  city,  he  is  hereby  author- 
ized, in  his  official  capacity,  to  make  all  written  contracts,  and  receive  all 
bonds  authorized  in  this  chapter,  and  to  do  any  other  act,  either  expressed  or 
implied,  that  pertains  to  the  street  department  under  this  chapter.  He  shall 
fix  the  time  for  the  performance  of  the  work  under  all  contracts  entered  into 
by  him,  in  accordance  with  the  notice  given  by  the  council ;  and  may  extend 
the  time  so  fixed,  from  time  to  time,  under  the  direction  of  said  council.  All 
work  upon  the  streets,  avenues,  or  in  the  matter  of  sidewalks  or  bridges,  or 
in  the  improvement  of  the  public  buildings,  squares,  and  places  of  said  city 
provided  for  in  this  chapter,  or  under  the  orders  or  ordinances  of  the  city 
council  of  such  city,  must  in  all  cases  be  done  under  the  direction  and  to  the 
satisfaction  of  the  street  commissioner,  and  the  materials  used  shall  be  such 
as  are  required  by  said  commissioner,  in  accordance  with  the  contracts ;  and  all 
contracts  made  therefor  must  contain  this  condition,  and  also  express  notice 
that  in  no  case,  except  when  it  is  otherwise  provided  in  this  chapter,  will  the 
city  be  liable  for  any  portion  of  the  expense,  and  where  such  expense  is 
defraj^ed  by  assessments,  in  no  case  for  any  delinquency  of  persons  or  property 
assessed. 

§  679.  The  police  force  of  such  city  shall  consist  of  the  chief  of  police,  and 
such  number  of  policemen  as  shall  from  time  to  time  be  fixed  and  determined 
by  the  city  council. 

§  680.  The  policemen  of  such  city  shall  be  elected  by  a  police  commission, 
to  consist  of  the  mayor,  chief  of  police,  and  the  police  judge ;  and  such  police- 
men shall  hold  office  from  and  after  their  election  to  and  including  the  second 
Monday  in  January  next  ensuing  after  a  regular  city  election,  unless  sooner 
removed  for  cause. 

§  681.  The  president  of  the  city  council,  the  chairman  of  the  finance  com- 
mittee, and  the  chairman  of  the  street  committee  of  the  city  council  shall  con- 
stitute a  police  trial  commission,  and  such  commission  shall  have  power,  under 
rules  of  procedure  to  be  prescribed  by  ordinance  of  such  city,  to  receive,  hear, 
try,  and  determine  all  complaints  against  policemen  of  such  city  for  violation 
of  official  duty,  or  of  any  rule,  regulation,  by-law,  or  ordinance  of  such  city, 
and  shall  have  power  in  such  behalf  to  condemn  or  acquit,  reprimand,  suspend, 
or  remove  any  policeman. 

ARTICLE   VI. — JUDICIAL    DEPARTMENT. 

§  690.  A  police  court  is  hereby  established  in  such  city,  which  court  shall 
always  be  open,  except  upon  non-judicial  days,  and  upon  such  days  may  trans- 
act criminal  business  only. 

§  691.  The  police  court  of  such  city  shall  have  jurisdiction  of  the  following 
public  offenses  committed  within  such  city: 

1.  Petit  larceny ; 

2.  Assault  or  battery,  not  charged  to  have  been  committed  upon  a  public 
officer  in  the  discharge  of  his  official  duty  or  with  intent  to  kill ; 

3.  Breaches  of  the  peace,  riots,  affrays,  committing  wilful  injury  to  prop- 


876         MUNICIPAL    CORPORATIONS— FOURTH    CLASS— JUDICIAL    DEPART3IENT. 

erty,  and  all  misdemeanors  punishable  by  fine  not  exceeding  five  hundred  dol- 
lars, or  by  imprisonment  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment ; 

4.  Of  proceedings  respecting  vagrants,  loud  [lewd]  or  disorderly  persons; 

5.  Of  all  proceedings  for  violation  of  any  ordinance  of  said  city,  both  civil 
and  criminal ;  of  any  and  all  suits  to  recover  taxes,  general  or  special,  levied  in 
such  city  for  city  purposes,  and  of  all  suits  to  recover  any  assessment  levied 
in  such  city  for  the  improvement  of  streets,  avenues,  levees,  sidewalks,  and 
public  squares,  and  for  the  opening  or  laying  out  of  the  same,  when  the  amount 
of  said  tax  or  assessment  sought  to  be  collected  against  the  person,  firm,  or 
corporation  assessed  is  less  than  three  hundred  dollars,  provided,  no  lien  upon 
the  property  taxed  or  assessed  for  the  non-payment  of  the  taxes  or  assessment 
is  sought  to  be  foreclosed  by  said  suit ; 

6.  Of  an  action  for  the  collection  of  money  due  to  such  city,  or  from  the  city 
to  any  person,  firm,  or  corporation,  when  the  amount  sought  to  be  collected  is 
less  than  three  hundred  dollars ; 

7.  Of  an  action  for  the  breach  or  violation  of  any  official  bond  given  by  any 
city  officer,  and  for  the  breach  of  any  contract,  and  any  action  for  damages  in 
which  the  city  is  a  party,  or  is  in  any  way  interested,  and  on  all  forfeited 
recognizances  given  to  or  for  the  benefit  or  in  behalf  of  such  city,  and  upon 
all  bonds  given  upon  any  appeal  taken  from  the  judgment  of  said  court  in 
any  action  above  named,  when  the  amount  claimed,  exclusive  of  cost,  is  less 
than  three  hundred  dollars ; 

8.  Of  an  action  for  the  recovery  of  personal  property  belonging  to  the  city 
when  the  value  of  the  property,  exclusive  of  the  damages  for  the  taking  or 
detention,  is  less  than  three  hundred  dollars ; 

9.  Of  an  action  for  the  collection  of  any  license  required  by  any  ordinance 
of  the  city ; 

10.  The  police  court  shall  have  exclusive  jurisdiction  of  all  proceedings  men- 
tioned in  this  section;  and  no  justice  of  the  peace  in  such  city  shall  have 
power  to  try  and  decide  any  cases  of  the  classes  mentioned  in  said  section ; 
provided,  that  any  justice  of  the  peace  of  such  city  who  may  be  designated  in 
writing  by  the  mayor,  or  president  of  the  city  council  thereof,  for  the  pur- 
pose, shall  have  power  to  preside  in  and  hold  the  police  judge's  court  of  said 
city  in  the  cases  in  which  the  police  judge  is  a  party,  or  in  which  he  is  directly 
interested,  or  when  the  judge  is  related  to  either  party  by  consanguinity  or 
affinity  within  the  third  degree ;  and  also  in  the  case  of  the  sickness  or  tempo- 
rary absence  of  the  judge,  or  his  inability  to  act  from  any  cause ;  and  in  all 
such  cases,  and  during  such  sickness,  temporary  absence,  or  inabilit}^  the 
justice  so  designated  shall  act  as  police  judge,  and  shall  have  and  exercise  all 
the  powers,  jurisdiction,  and  authority  which  are  or  may  be  by  law  conferred 
upon  said  court  or  judge. 

§  692.  The  judge  of  said  court  shall  also  have  power  to  hear  cases  for 
examination,  and  may  commit  and  hold  the  offender  to  bail  for  trial  in  the 
proper  court,  and  may  try,  condemn,  or  acquit,  and  carry  his  judgment  into 
execution,  as  the  case  may  require,  according  to  law;  and  to  punish  persons 
guilty  of  contempt  of  court,  and  shall  have  power  to  issue  warrants  of  arrest 
in  cases  of  a  criminal  prosecution  for  the  violation  of  a  city  ordinance,  as  w^ell 


MUNICIPAL,  CORPORATIONS— FOURTH   CLASS— POMCE   COURT— ATTORNEY.        877 

as  in  case  of  the  violation  of  the  criminal  law  of  the  state;  also,  all  subpoenas 
and  all  other  processes  necessary  to  the  full  and  proper  exercise  of  his  powers 
and  jurisdiction  in  all  criminal  trials  before  the  police  judge  for  the  violation 
of  a  city  ordinance,  as  well  as  in  cases  of  a  violation  of  the  criminal  law  of  the 
state,  made  triable  before  such  court;  the  defendant  shall  be  entitled,  if 
demanded  by  him,  to  a  jury  trial,  but  a  trial  by  jury  may  be  Avaived  by  the 
defendant  in  all  such  cases,  and  upon  such  waiver  the  court  shall  proceed  and 
try  the  ease. 

§  693.  The  city  council  shall  furnish,  for  the  use  of  the  police  court,  two 
dockets;  one  shall  be  styled  the  "City  Criminal  Docket,"  in  which  all  criminal 
eases  shall  be  recorded,  and  each  case  shall  be  alphabetically  indexed;  the 
other  shall  be  styled  the  "City  Civil  Docket,"  and  it  shall  contain  a  record  of 
every  civil  case  which  is  prosecuted  before  said  court,  and  each  case  shall  be 
properly  indexed,  and  in  all  cases  the  dockets  shall  contain  all  such  entries  as 
are  required  by  law  to  be  made  in  the  justice's  docket;  and  in  an.y  case  com- 
menced or  tried  before  the  court  the  docket  must  show  what  duties  were 
performed  by  each  officer,  and  the  amount  of  fees  due  to  the  officer  for  such 
services,  and  the  amount  of  money,  if  any,  collected. 

§  694.  Appeals  from  the  police  court  may  be  taken  to  the  superior  court 
of  the  county  in  all  cases  cognizable  by  the  said  police  court,  and  such  appeals 
shall  be  taken  as  in  case  of  appeal  from  a  justice's  court. 

§  695.  The  city  attorney  of  such  city  shall  prosecute  all  cases  for  the  viola- 
tion of  any  lawful  order,  regulation,  or  ordinance  of  the  city  council,  and  shall 
prosecute,  conduct,  and  control  all  proceedings  in  cases  mentioned  in  section 
six  hundred  and  twenty-two  of  this  act,  both  in  the  police  court  and  on  appeal 
therefrom  to  the  superior  court,  but  the  district  attorney  shall  attend  and  con- 
duct all  proceedings  of  the  nature  of  a  preliminary  examination  before  said 
police  court. 

§  696.  In  all  cases  when  the  police  court  is  authorized  to  impose  a  fine  or 
imprisonment,  or  both,  upon  persons  convicted  in  said  court  of  any  offense 
triable  therein,  the  said  court  may  sentence  the  offender  to  be  imprisoned  in 
the  city  jail,  if  there  be  one  established  by  the  city  council,  if  not,  then  until 
said  council  shall  designate  and  establish  a  city  jail  or  prison,  may  sentence 
offenders  to  be  imprisoned  in  the  county  jail,  and  in  addition  to  imprisonment, 
may  sentence  offenders  to  be  employed  to  labor  in  the  city,  under  the  direc- 
tion of  the  chief  of  police,  and  in  the  manner  prescribed  by  ordinance,  for  the 
benefit  of  the  city,  during  such  time  of  imprisonment,  and  may,  in  case  of 
imposing  a  fine,  embrace  as  a  part  of  the  sentence  that,  in  default  of  the  pay- 
ment of  such  fine,  the  defendant  shall  be  imprisoned  and  required  to  labor  for 
the  benefit  of  the  city  as  before  provided,  at  the  rate  of  two  dollars  a  day,  till 
such  fine  is  satisfied.  Offenders  required  to  labor  under  the  direction  of  the 
chief  of  police  shall,  until  the  establishment  of  a  city  jail,  be  returned  to  the 
county  jail  at  the  end  of  each  day's  labor  during  their  term  of  imprisonment, 
until  a  city  jail  shall  be  by  the  city  council  established.  It  is  hereby  made 
the  duty  of  the  officer  having  the  control  or  charge  of  the  county  jail  of  the 
county  wherein  such  city  is  situated,  to  receive  and  safely  keep  all  persons 
imprisoned  by  any  judgment  or  order  of  the  police  court,  in  accordance  with 


878 


MUNICIPAL  CORPORATIONS-FOURTH   CLASS-POLICE   JUDGE-SALARY. 


the  order  of  eoramitment,  and  to  allow  those  to  be  removed  from  the  jail  under 
the  charge  of  the  chief  of  police,  who  are  required  to  labor  for  the  benefit  of 
the  city,  or  whom  the  police  judge  may  order  brought  forth  for  trial,  and  the 
keeper  of  the  jail  shall  in  no  way  be  responsible  for  the  safe-keeping  of  such 
prisoners  while  so  under  the  charge  of  the  chief  of  police. 

§  697.  The  court  shall  have  a  seal,  to  be  provided  by  the  city,  and  certified 
transcripts  of  the  police  judge's  docket  and  the  seal  of  his  court  shall  be  evi- 
dence in  any  court  of  the  state  of  the  contents  of  the  docket ;  and  all  warrants, 
and  other  processes  issued  out  of  said  court,  and  all  acts  done  by  said  police 
judge  under  its  seal,  shall  have  the  same  force  and  validity,  in  any  part  of  this 
state,  as  though  issued  or  done  by  any  court  of  record  of  this  state. 

§  698.  The  police  judge  shall,  on  the  last  Saturday  of  each  month,  make  to 
the  city  council  a  full  report  of  all  the  cases  tried  in  his  court  for  that  month, 
in  which  the  city  may  be  interested,  and  at  the  same  time  shall  pay  into  the 
city  treasury  all  fines  and  other  moneys  collected  on  behalf  of  the  city  for  such 
month. 

§  699.  The  city  council  of  such  city  shall  allow  to  the  police  judge  an  annual 
salary  which  shall  not  exceed  the  sum  of  fifteen  hundred  dollars,  and  to  the 
chief  of  police  and  the  several  policemen  of  such  city  each  a  salary  which  shall 
be. fixed  by  said  council.  The  salaries  of  the  police  judge,  and  chiei  of  police 
and  policemen  shall  be  paid  from  time  to  time  as  other  city  officers  and  as  the 
council  may  determine.  The  chief  of  police,  or  any  policeman  of  such  city,  is 
hereby  authorized  and  empowered  to  serve,  execute,  and  return  any  and  all 
warrants  of  arrest,  and  all  processes  directed  to  him  by  the  police  judge  oi 
said  city,  and  to  arrest  all  persoDS  accused  or  guilty  of  the  violation  of  any 
city  ordinance,  or  of  any  public  ofl:"ense,  and  to  do  and  perform  all  acts  and 
duties  which,  in  criminal  cases,  any  constable  of  the  county  may  lawfully  do, 
and  receive  like  fees  for  such  services ;  provided,  the  city  council  may,  in  their 
discretion,  deduct  the  amount  so  received,  for  fees  from  the  monthly  salary 
of  such  officers,  or  order  the  same  paid  into  the  city  treasury  for  the  use  and 
benefit  of  the  city,  as  received  by  said  officers  respectively;  provided,  that 
nothing  in  this  charter  shall  be  construed  as  authorizing  or  entitling  such 
officers  to  charge  or  receive  from  such  city,  or  the  county  wherein  situated, 
any  fees  or  costs  in  any  case  whatever,  nor  shall  such  city  or  county  be  liable 
to  pay  any  fees  or  costs  to  such  officers  for  any  service  they  may  render  in 
any  action  or  proceeding,  either  civil  or  criminal.  The  chief  of  police  shall 
attend  the  session  of  the  police  court  when  required,  supervise  and  direct  the 
police  force  of  the  city,  and  perform  such  other  duties  as  may  be  required  by 
the  city  council  appertaining  to  the  government  of  the  city  or  the  manage- 
ment of  its  affairs,  not  especially  devolved  upon  some  other  officer  named  in 
this  chapter ;  and  the  chief  of  police,  or  any  policeman,  at  his  discretion,  shall 
serve  all  notices  by  this  chapter  provided  to  be  served,  in  which  the  city  is  in 
any  way  interested,  and  the  return  of  the  officer  serving  shall  be  evidence  of 
the  facts  in  such  return  stated,  but  none  of  such  officers  shall  serve  or  execute 
any  civil  process,  except  as  provided  in  this  chapter. 

§  700.     The  justices  of  the  peace  in  and  for  the  township  embracing  such 
city  shall  have  the  same  powers  as  the  same  officers  in  any  justice's  court  of 


MUNICIPAL,    CORPORATIONS — FOURTH    CLASS— BOARD    OP   EDUCATION.  879 

the  county,  and  shall  have  and  may  exercise  like  powers  and  authority;  pro- 
vided, however,  that  no  justice  of  the  peace  in  such  city  shall  have  power  to 
conduct  or  try  and  decide  any  proceedings  or  cases  of  the  classes  mentioned  in 
section  six  hundred  and  twenty-two  of  this  act ;  but  nothing  in  this  section 
shall  be  construed  to  prevent  any  of  the  justices  in  said  city  from  acting  as 
police  judge. 

§  701.  The  interest  which  any  inhabitant  of  such  city  may  have  in  a  penalty 
for  the  breach  of  a  by-law  or  ordinance  of  such  city  shall  not  disqualify  said 
inhabitant  to  act  as  judge,  juror,  or  witness  in  any  prosecution  to  recover  the 
penalty. 

ARTICLE  VII. — SCHOOL  DEPARTMENT, 

§  710,  The  board  of  education  of  such  city  shall  be  elected  as  in  this 
chapter  provided,  and  shall  consist  of  one  superintendent  and  tw^o  trustees 
from  each  ward  in  the  city. 

§  711,  The  superintendent  shall  be  ex  officio  secretary  of  the  board  of  edu- 
cation, and  shall  receive  for  his  services  a  salarj^  which  shall  not  exceed  eigh- 
teen hundred  dollars  per  annum.  He  shall  report  to  the  city  council,  annually, 
on  or  before  the  first  Monday  in  January,  and  at  such  other  times  as  they 
may  require,  all  matters  pertaining  to  the  expenditures,  income,  condition,  and 
progress  of  the  public  schools  of  the  city  during  the  preceding  year,  together 
with  such  accommodations  [recommendations]  as  he  may  deem  proper,  and 
shall,  at  the  regular  meeting  of  the  board  of  education  in  June  of  each  year, 
submit  to  the  board  a  detailed  statement  of  the  amount,  as  near  as  may  be 
ascertained,  of  fuel,  blanks,  blank-books,  apparatus,  stationery,  and  such 
other  articles,  materials,  or  supplies,  including  books  for  indigent  children,  as 
may  be  necessary  for  the  use  of  the  city  schools  and  the  board  for  one  year 
following.  He  shall  have  power  to  administer  oaths  and  affirmations  concern- 
ing any  demand  upon  the  treasury  payable  out  of  the  school  fund,  or  other 
matters  relating  to  his  official  duties.     [Amendment,  Stats.  1885,  134.] 

§  712,  The  board  of  education  shall,  upon  the  receipt  of  the  statement  from 
the  superintendent,  as  in  the  preceding  section  provided,  advertise  for  the 
space  of  five  successive  days  in  some  newspaper  published  in  such  city,  for 
sealed  proposals  for  furnishing  the  articles  in  said  statement  specified.  Said 
advertisement  shall  designate  a  day  after  the  expiration  of  the  publication 
aforesaid  when  said  proposals  will  be  considered,  at  which  time  the  board  or 
a  committee  thereof  by  the  board  for  such  purpose  designated,  shall  meet  and 
publicly  open  and  declare  the  proposals  received  and  shall  thereupon  award 
the  contract  therefor  to  the  lowest  responsible  bidder  or  bidders,  in  each  case ; 
provided,  that  all  bids  may  be  rejected  if  deemed  too  high.  Said  board  may, 
in  their  discretion,  require  a  good  and  sufficient  bond  with  two  or  more  sureties, 
to  be  filed  by  each  bidder,  in  the  sum  of  two  hundred  dollars,  conditioned  for 
the  fulfilment  of  his  proposal  in  case  of  the  acceptance  thereof. 

§  713.  Subject  to  and  in  accordance  with  the  directions  and  provisions  of 
this  chapter,  the  board  of  education  shall  have  full  power : 

1.  To  establish  and  maintain  public  schools,  including  high  school,  and  fix 
and  alter  the  boundaries  of  the  district  thereof, 

2.  To  employ  and  dismiss  teachers,  janitors,  and  other  necessary  help,  and 


880  MUNICIPAL   CORPORATIONS— FOURTH    CLASS— BOARD    OF   EDUCATION. 

to  fix,  alter,  allow,  and  order  paid  their  salaries  or  compensation,  and  to 
employ  and  pay  such  mechanics  and  laborers  as  may  be  necessary  to  carry 
into  effect  the  powers  and  duties  of  the  board,  and  to  withhold,  for  good  and 
sufficient  cause,  the  whole  or  any  part  of  the  salary  or  wages  of  any  person  or 
persons  employed  as  aforesaid. 

3.  To  make,  establish,  and  enforce  all  necessary  and  proper  rules  and  regu- 
lations not  contrary  to  law,  for  the  government  and  progress  of  the  public 
schools  within  the  city,  the  pupils  therein  and  the  teachers  thereof,  and  for 
carrying  into  effect  the  laws  relating  to  education ;  also,  to  establish  and  regu- 
late the  grade  of  schools,  and  determine  what  course  of  study  and  mode  of 
instruction  shall  be  used  in  said  schools. 

4.  To  build,  alter,  repair,  rent,  and  provide  school-houses, .  and  the  same 
furnish  with  lights,  water,  proper  school  furniture,  apparatus,  and  school 
appliances,  and  to  insure  any  and  all  school  property. 

5.  To  receive,  purchase,  lease,  and  hold  in  fee,  in  trust  for  such  city,  any 
and  all  real  estate ;  and  to  hold  in  trust  any  personal  property  that  may  have 
been  or  may  hereafter  be  acquired  for  the  use  and  benefit  of  the  public  schools 
of  such  city. 

6.  To  grade,  fence,  and  improve  school  lots,  and  in  front  thereof  to  grade, 
sewer,  plank,  or  pave  and  repave,  and  to  construct  and  repair  sidewalks. 

7.  To  sue  for  any  and  all  lots,  lands,  and  property  belonging  to  or  claimed 
by  the  said  school  department ;  and  to  prosecute  and  defend  all  actions  •  at 
law  or  in  equity  necessary  to  recover  and  maintain  the  full  enjoyment  and 
possession  of  said  lots,  lands,  and  property,  and  to  employ  and  pay  counsel  in 
such  cases. 

8.  To  determine  annually  the  amount  of  taxation,  not  exceeding  thirty-five 
cents  on  each  one  hundred  dollars  valuation  on  the  assessment  roll,  to  be  raised 
upon  the  real  and  personal  property  within  the  city  not  exempt  from  taxation, 
for  the  establishment  and  support  of  free  public  schools  therein;  and  for 
carrying  into  effect  all  the  provisions  of  law  regarding  public  schools,  and  the 
amount  so  determined  by  said  board  of  education  shall  be  reported  in  writing 
to  the  city  council  on  or  before  the  first  Monday  of  April  of  each  year;  and 
the  said  city  council  are  hereby  authorized  and  required  to  levy  and  cause  to  be 
collected,  at  the  time  and  in  the  manner  of  levying  other  city  taxes,  the  amount  of 
taxation  so  determined  and  reported  to  them  by  the  said  board  of  education,  as 
school  tax,  upon  all  taxable  property  in  the  city;  and  said  tax  shall  be  in 
addition  to  all  other  amounts  levied  for  city  purposes. 

9.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all  moneys 
belonging  to  the  "Public  School  Fund." 

10.  To  examine  and  allow,  in  whole  or  in  part,  every  demand  payable  out 
of  the  school  fund,  or  to  reject  any  such  demand  for  good  cause,  of  which  the 
board  shall  be  sole  judge. 

11.  To  discharge  all  legal  encumbrances  now  existing,  or  which  may  here- 
after exist,  upon  any  school  property. 

12.  To  prohibit  any  child  under  six  years  of  age  from  attending  the  public 
schools. 

13.  And  generally  to  do  and  perform  such  other  acts  as  may  be  necessary 
and  proper  to  carry  into  force  and  effect  the  powers  conferred  on  said  board. 


MUNICIPAL    CORPORATIONS — FOURTH    CLASS— SCHOOL,    FUND— CLAIMS.         881 

14.  To  use  and  apply  the  school  fund  of  the  city  for  the  purposes  in  this  sec- 
tion heretofore  named,  and  for  no  otlier  purpose  whatever. 

15.  To  admit  non-resident  children  to  an}^  of  the  departments  of  the  schools 
of  such  city  upon  the  payment,  at  such  times  as  said  board  may  direct,  of 
tuition  fee,  to  be  fixed  by  said  board. 

§  714.  No  teacher  shall  be  employed  in  any  of  the  public  schools  of  such 
city  without  having  a  certificate  of  the  proper  grade,  issued  under  the  pro- 
visions of  this  chapter.  For  the  purpose  of  granting  certificates  required,  the 
board  of  education,  either  as  a  body  or  by  a  board  of  examination  appointed 
by  said  board  of  education,  and  of  which  the  superintendent  shall  be  president, 
shall  hold  examinations  of  teachers.  No  certificate  shall  be  issued  except  to 
a  person  who  shall  have  passed  a  satisfactory  examination  in  such  branches 
as  the  board  may  require,  and  shall  have  given  evidence  of  good  moral  charac- 
ter, ability,  and  fitness  to  teach.  Examinations  of  teachers  must  be  held  semi- 
annually, at  such  times  as  the  board  may  determine. 

§  715.  The  board  may,  in  its  discretion,  renew  without  re-examination  the 
certificate  of  any  person  so  employed.  It  shall  have  power  to  revoke  the  cer- 
tificate of  any  teacher  upon  evidence  of  immoral  or  unprofessional  conduct  or 
incompetency,  and  shall  always  have  the  power  to  dismiss  any  and  all  teachers, 
and  to  alter  the  amount  of  salary  or  compensation  paid  to  either  or  any  of 
them.  The  board  of  education  may  also,  without  examination,  grant  cer- 
tificates and  fix  the  grade  thereof  to  the  holders  of  life  diplomas,  state  educa- 
tional diplomas,  normal  school  diplomas,  state  university  diplomas,  and  to  the 
holders  of  such  state  and  county  certificates  as  w^ere  in  full  force  and  effect  on 
the  first  day  of  January,  eighteen  hundred  and  eighty. 

§  716.  It  shall  be  the  duty  of  the  board  of  education  to  visit  and  examine 
each  school  at  least  once  each  and  every  month;  to  observe,  and  cause  to  be 
observed,  such  general  rules  for  the  regulation  and  government  and  instruc- 
tion of  the  schools,  not  inconsistent  with  the  laws  of  the  state,  as  may  be  estab- 
lished by  the  board. 

§  717.  The  public  school  fund  of  such  city  shall  consist  of  all  moneys 
received  from  the  state  and  county  school  fund;  of  all  moneys  arising  from 
taxes  which  shall  be  levied  by  the  city  council  for  school  purposes;  of  all 
moneys  arising  from  sale,  rent,  or  exchange  of  school  property,  and  of  such 
other  moneys  as  may  from  any  source  whatever  be  paid  into  said  school  fund ; 
which  fund  shall  be  kept  separate  and  distinct  from  all  other  moneys,  and 
shall  only  be  used  for  school  purposes  under  the  provisions  of  this  chapter. 
No  fees  or  commission  shall  be  allowed  or  paid  for  assessing,  collecting,  keep- 
ing, or  disbursing  of  school  moneys;  and  if  at  the  end  of  the  fiscal  .year  any 
surplus  remains  in  the  school  fund,  such  surplus  money  shall  be  carried  for- 
ward to  the  school  fund  of  the  next  fiscal  year,  and  no  part  of  the  school  fund 
shall  be  for  any  purpose  or  in  any  manner  whatever  diverted  or  withdrawn 
from  said  fund,  except  as  in  this  chapter  provided. 

§  718.  All  claims  payable  out  of  the  school  fund  shall  be  filed  with  the 
secretary  of  the  board,  and  shall  be  approved  by  a  majority  of  all  the  mem- 
bers of  the  board,  and  certificate  of  such  approval  shall  be  indorsed  there- 
on; whereupon  the  secretary  of  said  board  shall  draw  a  warrant  upon  the 

Gen.  Laws — 56 


882  MrNICIPAL,    CORPORATIONS— FIFTH    CLASS— GENERAL,    POWERS. 

city  treasurer  for  the  payment  thereof,  which  warrant  shall  be  countersigned 
by  the  superintendent.  All  demands  for  salaries  of  teachers  and  compensa- 
tion of  janitors  shall  be  payable  monthly  in  the  same  manner  without  pres- 
entation of  claims  therefor. 

§  719.  All  demands  authorized  by  this  article,  and  by  the  board  approved 
as  aforesaid,  shall  be  paid  by  the  city  treasurer  from  the  school  fund  upon  the 
presentation  of  the  warrants  therefor;  provided,  that  the  board  of  education 
shall  not,  without  the  consent  of  the  city  council  first  had,  have  power  to 
create  any  debts  or  liability  in  any  one  year  to  exceed  the  actual  revenue  or 
available  means  in  the  city  treasury  under  the  control  of  the  board,  and  justly 
applicable  for  school  purposes  for  such  year. 

CHAPTER   VI. 

Municipal  Corporations  of  the  Fifth  Class. 
(A  charter  for  cities  having  a  population  of  more  than  three  thousand  and  not 

exceeding  ten  thousand.) 

ARTICLE  I. — GENERAL  POWERS. 

§  750.     Every  municipal  corporation  of  the  fifth  class  shall  be  entitled  the 

city  of (naming  it),  and  by  such  name  shall  have  perpetual  succession, 

may  sue  and  be  sued  in  all  courts  and  places,  and  in  all  proceedings  whatever ; 
shall  have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the  city  author- 
ities, and  may  purchase,  lease,  receive,  hold,  and  enjoy  real  and  personal  prop- 
erty, and  control  and  dispose  of  the  same  for  the  common  benefit. 

ARTICLE   II. — GENERAL   PROVISIONS   RELATING   TO   OFFICERS. 

§  751.  The  government  of  said  city  shall  be  vested  in  a  board  of  trustees, 
to  consist  of  five  members;  a  board  of  education,  to  consist  of  five  members; 
and  whenever  a  free  public  library  and  reading-room  is  established  therein, 
five  trustees  thereof;  a  recorder;  a  treasurer;  a  clerk;  an  attorney;  a  marshal; 
an  assessor,  and  such  subordinate  officers  as  are  hereinafter  provided  for ;  pro- 
vided, that  the  board  of  trustees  may,  in  its  discretion,  by  an  ordinance 
adopted,  published  and  recorded  as  required  for  general  ordinances,  at  least 
thirty  days  before  a  general  city  election,  at  which  city  officers  are  to  be 
elected,  unite  and  consolidate  certain  offices,  by  declaring: 

1.  The  city  marshal  elected  shall  be  ex  officio  superintendent  of  streets  and 
health  officer; 

2.  The  city  clerk  elected  shall  be  ex  officio  recorder  and  assessor ; 

3.  The  city  treasurer  elected  shall  be  ex  officio  city  tax  collector  and  license- 
tax  collector; 

4.  The  city  attorney  elected  shall  be  ex  officio  city  clerk.  [Amendment, 
Stats.  1901,  70.] 

§  752.  The  members  of  the  board  of  trustees,  and  of  the  board  of  educa- 
tion, and  the  city  clerk,  city  attorney,  assessor,  marshal,  treasurer,  and 
recorder  shall  be  elected  by  the  qualified  electors  of  said  city  at  a  general 
municipal  election,  to  be  held  therein  on  the  second  Monday  in  April,  nineteen 
hundred  and  three,  and  on  the  second  Monday  in  April  of  each  fourth  year 
thereafter  and  shall  hold  office  for  the  period  of  four  years  from  and  after  the 
Monday  next  succeeding  the  day  of  such  election,  and  until  their  successors 


MUNICIPAL.  CORPORATIONS — FIFTH  CLASS — OFFICERS  AND   SALARIES.  883 

are  elected  and  qualified;  provided,  that  a  general  municipal  election  shall  be 
held  in  said  city  on  the  second  Monday  in  April,  nineteen  hundred  and  five, 
for  the  election  of  successors  to  the  members  of  the  board  of  trustees  and  of 
the  board  of  education  whose  terms  of  office  expire  during  said  year,  and  said 
successors  shall  hold  office  for  the  period  of  two  years  from  and  after  the 
Monday  next  succeeding  the  day  of  such  election,  and  until  their  successors 
are  elected  and  qualified.  The  board  of  trustees  may  in  their  discretion 
appoint  a  poundmaster,  also  a  superintendent  of  streets,  and  a  city  engineer, 
all  of  W'hom  shall  hold  office  during  the  pleasure  of  the  board.  [Amendment, 
Stats.  1903,  40.] 

§  753.  The  clerk,  treasurer,  city  attorney,  and  marshal  shall,  respectively, 
before  entering  upon  the  duties  of  their  respective  offices,  each  execute  a  bond 
to  such  city  in  such  penal  sum  as  the  board  of  trustees  by  ordinance  may  deter- 
mine, conditioned  for  the  faithful  performance  of  his  duties,  including  in  the 
same  bond  the  duties  of  all  offices  of  which  he  is  made  by  this  chapter  ex 
officio  incumbent.  Such  bonds  shall  be  approved  by  the  board  of  trustees. 
All  bonds,  when  approved,  shall  be  filed  with  the  clerk,  except  the  bond  of  the 
clerk,  which  shall  be  filed  with  the  president  of  the  board  of  trustees.  All  the 
provisions  of  any  law  of  this  state  relating  to  the  official  bonds  of  officers  shall 
apply  to  such  bonds  except  as  herein  otherwise  provided.  Every  officer  of 
such  city,  before  entering  upon  the  duties  of  his  office,  shall  take  and  file  with 
the  clerk  the  constitutional  oath  of  office. 

§  754.  Any  vacancy  occurring  in  any  of  the  offices  provided  for  in  this  act 
shall  be  filled  by  appointment  by  the  board  of  trustees ;  but  if  such  office  be 
elective,  such  appointee  shall  hold  office  only  until  the  next  regular  election,  at 
which  time  a  person  shall  be  elected  to  serve  for  the  remainder  of  such  unex- 
pired term.  In  case  a  member  of  the  board  of  trustees  is  absent  from  the 
city  for  the  period  of  ninety  days,  unless  by  permission  of  the  board  of  trus- 
tees, his  office  shall  by  the  board  be  declared  vacant,  and  the  same  filled  as  in 
case  of  other  vacancies. 

§  755.  The  members  of  the  board  of  truste.es  shall  receive  no  compensation 
whatever,  except  while  acting  as  a  board  of  equalization.  The  treasurer, 
assessor,  marshal,  clerk,  and  recorder  shall  severally  receive  at  stated  times 
a  compensation  to  be  fixed  by  ordinance,  by  the  board  of  trustees,  which  com- 
pensation shall  not  be  increased  or  diminished  after  their  election,  or  during 
their  several  terms  of  office.  Nothing  herein  contained  shall  be  construed  to 
prevent  the  board  of  trustees  from  fixing  such  several  amounts  of  compensa- 
tion, in  the  first  instance,  during  the  term  of  office  of  any  such  officer,  or  after 
his  election.  The  compensation  of  all  other  officers  shall  be  fixed  from  time 
to  time  by  the  board  of  trustees.     [Amendment,  Stats.  1889,  389.] 

§  756.  All  elections  in  such  city  shall  be  held  in  accordance  with  the  gen- 
eral election  laws  of  the  state,  so  far  as  the  same  may  be  applicable,  and  no 
person  shall  be  entitled  to  vote  at  such  election  unless  he  shall  be  a  qualified 
elector  of  the  county,  enrolled  upon  the  great  register  thereof,  and  shall  have 
resided  in  such  city  for  at  least  thirty  days  next  preceding  such  election.  The 
board  of  trustees  shall  give  such  notice  of  each  election  as  may  be  prescribed 
by  ordinance,  shall  appoint  boards  of  election,  and  fix  their  compensation,  and 


884        MUNICIPAL,  CORPORATIOIVS— FIFTH   CLASS— LEGISLATIVE   DEPARTMEXT. 

establish  election  precincts  and  polling-places,  and  may  change  the  same ;  pro- 
vided, that  no  part  of  any  ward  less  than  the  whole  thereof  shall  be  attached 
to  any  other  ward,  or  part  thereof,  in  forming  election  precincts.  At  any 
municipal  election  the  last  printed  great  register  of  the  county  shall  be  used, 
and  any  elector  whose  name  is  not  upon  such  printed  register  shall  be  entitled 
to  vote,  upon  producing  and  filing  with  the  board  of  election  a  certificate,  under 
the  hand  and  official  seal  of  the  county  clerk,  showing  that  his  name  is  regis- 
tered and  uncanceled  upon  the  great  register  of  such  county,  provided  that  he 
is  otherwise  entitled  to  vote. 

§  757.  No  person  shall  be  eligible  to  or  hold  any  office  in  such  city,  whether 
filled  by  election,  or  appointment,  unless  he  be  a  resident  and  elector  therein, 
and  shall  have  resided  in  such  city  for  one  year  next  preceding  the  date  of 
such  election  or  appointment. 

§  758.  The  trustees  of  any  free  public  library  created  or  existing  in  such 
city  under  the  provisions  of  an  act  entitled  *'An  act  to  establish  free  public 
libraries  and  reading-rooms,"  approved  April  twenty-sixth,  eighteen  hundred 
and  eighty,  shall  be  elected  by  the  qualified  electors  of  said  city,  at  a  general 
municipal  election  to  be  held  therein  on  the  second  Monday  in  April  next  suc- 
ceeding the  passage  and  approval  of  this  act,  and  shall  hold  office  for  the  period 
of  four  years  from  and  after  the  Monday  next  succeeding  the  day  of  such  elec- 
tion, and  until  their  successors  are  elected  and  qualified.  In  case  a  vacancy  shall 
occur  in  the  office  of  trustee  of  such  free  public  library  and  reading-room,  the 
board  of  trustees  of  said  free  public  library  and  reading-room  shall  choose  a 
person  to  fill  such  vacancy,  who  shall  serve  until  the  next  general  municipal 
election,  when,  if  the  term  does  not  then  expire,  a  person  shall  be  elected  to 
serve  for  the  remainder  of  sueh  unexpired  term.  [Amendment,  Stats.  1897, 
403.] 

ARTICLE  III. — LEGISLATIVE  DEPARTMENT. 

§  760.  The  board  of  trustees  shall  meet  on  the  Monday  next  succeeding  the 
date  of  said  general  municipal  election,  shall  take  the  oath  of  office,  shall 
choose  one  of  their  number  president,  and  shall  hold  regular  meetings  at  least 
once  in  each  month,  at  such  times  as  they  shall  fix  by  ordinance.  Special  meet- 
ings may  be  called  at  any  time  by  the  president  of  the  board  or  by  three  trus- 
tees, by  written  notice  delivered  to  each  member  at  least  three  hours  before 
the  time  specified  for  the  purposed  meeting.  All  meetings  of  the  board  of 
trustees  shall  be  held  within  the  corporate  limits  of  the  city,  at  such  place  as 
may  be  designated  by  ordinance,  and  shall  be  public. 

§  761.  At  any  meeting  of  the  board  of  trustees,  a  majority  of  the  trustees 
shall  constitute  a  quorum  for  the  transaction  of  business,  but  a  less  number 
may  adjourn  from  time  to  time,  and  may  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  may  be  prescribed  by 
ordinance.  The  president  of  the  board  shall  preside  at  all  meetings  of  the 
board,  and  in  case  of  his  absence,  the  board  may  appoint  a  president  pro 
tempore ;  and  in  case  of  the  absence  of  the  clerk,  the  president  or  president  pro 
tempore  shall  appoint  one  of  the  members  of  the  board  clerk  pro  tempore. 

§  762.  The  board  of  trustees  shall  judge  of  the  qualifications  of  its  members 
and  of  all  election  returns,  and  determine  contested  elections  of  all  city  officers. 


MUNICIPAL    CORPORATIONS— FIFTH    CLASS — BOARD    OF    TRUSTEES.  885 

They  may  establish  rules  for  the  conduct  of  their  proceedings,  and  punish  any 
member,  or  other  person,  for  disorderly  behavior  at  any  meeting.  They  shall 
cause  the  clerk  to  keep  a  correct  journal  of  all  their  proceedings,  and,  at  the 
desire  of  any  member,  shall  cause  the  ayes  and  noes  to  be  taken  on  any  ques- 
tion, and  entered  on  the  journal. 

§  763.  No  resolution  granting  any  franchise,  and  no  ordinance  for  any  pur- 
pose, shall  be  passed  by  the  board  of  trustees  on  the  day  of  its  introduction, 
nor  within  five  days  thereafter,  nor  at  any  other  than  a  regular  meeting,  or  an 
adjourned  regular  meeting,  and  no  such  resolution  and  no  ordinance  granting 
any  franchise  shall  be  passed  without  being  first  submitted  to  the  cit}^  attor- 
ney. No  resolution  or  order  for  the  payment  of  money  shall  be  passed  at  any 
other  than  a  regular  meeting,  or  an  adjourned  regular  meeting,  and  no  resolu- 
tion or  order  for  the  payment  of  money,  no  resolution  granting  a  franchise, 
and  no  ordinance  for  any  purpose,  shall  have  any  validity  or  effect  unless 
passed  by  the  affirmative  vote  of  at  least  three  trustees.  [Amendment,  Stats. 
1889,  389.] 

§  764.     The  board  of  trustees  of  such  city  shall  have  power : 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution  and  laws  of  this 
state,  or  of  the  United  States. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  personal  property  as 
may  be  necessary  or  proper  for  municipal  purposes,  and  to  control,  dispose  of, 
and  convey  the  same  for  the  benefit  of  the  city ;  provided,  that  they  shall  not 
have  any  power  to  sell  or  convey  any  portion  of  any  water  front ;  but  may  rent 
such  water  front  for  a  term  not  exceeding  ten  years  for  the  purpose  of  erecting 
bath-houses  thereon. 

3.  To  contract  for  supplying  the  city  with  water  and  electric  or  other  lights 
for  municipal  purposes ;  to  purchase,  lease,  or  construct  waterworks,  and  elec- 
tric plants,  subject  to  the  proviso  in  this  subdivision  contained,  and  all  power, 
machinery,  conductors,  and  appliances  necessary  therefor,  and  to  supply  said 
city  with,  and  to  sell  to  the  inhabitants  thereof,  water,  light,  heat,  and  power ; 
provided,  that  no  such  purchase  or  lease  shall  be  made  unless  the  question  of 
acquiring  such  property  is  submitted  to  the  voters  of  such  city  in  the  same 
manner  as  other  propositions,  at  a  general  or  special  municipal  election,  and 
a  majority  -of  the  electors,  voting  at  such  election,  shall  vote  in  favor  of  such 
proposition. 

4.  To  establish,  build  and  repair  bridges;  to  establish,  lay  out,  alter,  keep 
open,  open,  improve  and  repair  streets,  sidewalks,  alleys,  squares,  and  other 
public  highways  and  places  within  the  city,  and  to  drain,  sprinkle,  oil,  and 
light  the  same;  to  remove  all  obstructions  therefrom;  to  establish  the  grades 
thereof;  to  grade,  pave,  macadamize,  gravel  and  curb  the  same  in  whole  or  in 
part,  and  to  construct  gutters,  culverts,  sideAvalks,  and  crosswalks  therein,  or 
upon  any  part  thereof,  to  cause  to  be  planted,  set  out,  and  cultivated,  shade 
trees  therein;  and  generally  to  manage  and  control  all  such  highways  and 
places. 

5.  To  establish,  construct  and  maintain  drains  and  sewers,  and  to  provide 
by  ordinance  for  a  general  system  of  sewers,  and  the  expense  of  building  and 
maintaining  the  same. 


SS6 


MUNICIPAL    CORPORATIONS— FIFl'H    CLASS— BOARD    OF    TRUSTEES. 


6.  To  provide  fire-engines  and  all  other  necessary  or  proper  apparatus  for 
the  prevention  and  extinguishment  of  fires. 

7.  To  impose  on  and  collect  from  every  male  inhabitant  between  the  ages  of 
twenty-one  and  sixty  years,  an  annual  street  poll-tax,  not  exceeding  two  dol- 
lars, and  no  other  road  poll-tax  shall  be  collected  within  the  limits  of  such 
city ;  provided  that  any  member  of  a  volunteer  fire  company'  in  such  city  shall 
be  exempt  from  such  tax. 

8.  To  impose  and  collect  an  annual  license,  not  exceeding  two  dollars  on 
every  dog  owned  or  harbored  within  the  limits  of  the  city. 

9.  To  levy  and  collect  annually  a  property  tax,  which  shall  be  apportioned 
as  follows:  For  the  general  fund,  not  exceeding  sixty  cents  on  each  one  hun- 
dred dollars;  for  street  fund,  not  exceeding  thirty  cents  on  each  one  hun- 
dred dollars;  for  school  fund,  not  exceeding  twenty-five  cents  on  each  one 
hundred  dollars ;  for  sewer  fund,  not  exceeding  ten  cents  on  each  one  hundred 
dollars.  The  levy  for  all  purposes  for  any  one  year  for  all  purposes  to  which 
such  funds  are  applicable  shall  not  exceed  one  dollar  on  each  one  hundred  dol- 
lars of  the  assessed  value  of  all  real  and  personal  property  within  such  city. 

10.  To  license,  for  purposes  of  regulation  and  revenue,  all  and  every  kind 
of  business,  including  the  sale  of  intoxicating  liquors,  authorized  by  law  and 
transacted  or  carried  on  in  such  city,  and  all  shows,  exhibitions,  and  lawful 
games  carried  on  therein ;  to  fix  the  rates  of  license  upon  the  same,  and  to  pro- 
vide for  the  collection  of  the  same  by  suit  or  otherwise. 

11.  To  improve  the  rivers  and  streams  flowing  through  such  city,  or  adjoin- 
ing the  same;  to  widen,  straighten,  and  deepen  the  channels  thereof,  and  to 
remove  obstructions  therefrom ;  to  improve  the  water  front  of  the  city,  and  to 
construct  and  maintain  embankments  and  other  works  to  protect  such  city 
from  overflow. 

12.  To  erect  and  maintain  buildings  for  municipal  purposes. 

13.  To  permit,  under  such  restrictions  as  they  may  deem  proper,  the  laying 
of  railroad  tracks  and  the  running  of  cars  drawn  by  horses,  steam,  electricity, 
or  other  power  thereon,  and  the  laying  of  gas  or  water  pipes  in  the  public 
streets,  and  to  construct  and  maintain,  and  to  permit  the  construction  and 
maintenance  of  telegraph,  telephone,  and  electric  light  lines  therein. 

14.  In  its  discretion  to  divide  the  city,  by  ordinance,  into  a  convenient  num- 
ber of  wards,  not  exceeding  five,  to  fix  the  boundaries  thereof,  and  to  change 
the  same  from  time  to  time ;  provided,  that  no  change  in  the  boundaries  of  any 
ward  shall  be  made  within  sixty  days  next  before  the  date  of  said  general 
municipal  election,  nor  within  twenty  months  after  the  same  shall  have  been 
established  or  altered.  "Whenever  such  city  shall  be  so  divided  into  wards,  the 
board  of  trustees  shall  designate  by  ordinance  the  number  of  trustees  to  be 
elected  from  each  ward,  apportioning  the  same  in  proportion  to  the  population 
of  such  ward ;  and  thereafter  the  trustees  so  designated  shall  be  elected  by  the 
qualified  electors  resident  in  such  ward,  or  by  the  general  vote  of  the  whole 
city,  as  may  be  designated  in  such  ordinance. 

15.  To  appoint  and  remove  such  policemen  and  such  other  subordinate 
officers  as  they  may  deem  proper,  and  to  fix  their  duties  and  compensation. 

16.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all  violation  of 
ordinances,  and  for  any  breach  or  violation  of  any  ordinance  to  fix  the  penalty 


MUNICIPAL,    CORPORATIONS— FIFTH     CLASS— ORDINANCES — CLAIMS.  887 

by  fine  or  imprisonment,  or  both,  but  no  such  fine  shall  exceed  three  hundred 
dollars,  nor  the  term  of  such  imprisonment  exceed  three  months. 

17.  To  cause  all  persons  imprisoned  for  violation  of  any  ordinance  to  labor 
on  the  streets,  or  other  property  or  works  within  the  city. 

18.  To  establish  fire  limits,  and  the  same  to  alter  at  pleasure ;  to  regulate  or 
prevent  the  erection  of  wooden  or  other  buildings  or  structures  of  combustible 
materials;  to  regulate  the  construction  of  all  buildings,  sheds,  awnings,  signs, 
or  any  structure  of  a  dangerous  or  unsafe  character ;  to  provide,  by  regulation, 
for  the  prevention  and  summary  removal  of  all  filth  and  garbage  in  the  streets, 
sloughs,  alleys,  back  yards  or  public  grounds  of  such  city,  or  elsewhere  there- 
in ;  to  regulate  or  prohibit  the  storage  of  gunpowder  and  combustible  or  explo- 
sive materials  of  every  kind  and  nature  within  the  city  limits,  and  to  prescribe 
the  limits  in  which  the  same  may  be  kept  or  stored. 

19.  To  do  and  perform  any  and  all  other  acts  and  things  necessary  and 
proper  to  carry  out  the  provisions  of  this  chapter,  and  to  exact  and  enforce 
within  the  limits  of  such  city  all  other  local,  police,  sanitary,  and  other  regula- 
tions as  do  not  conflict  with  general  laws.     [Amendment,  Stats.  1905,  45.] 

§  765.     The  enacting  clause  of  all  ordinances  shall  be  as  follows:   "The  board 

of  trustees  of  the  city  of do  ordain  as  follows."    Every  ordinance  shall 

be  signed  by  the  president  of  the  board  of  trustees,  attested  by  the  clerk,  and 
published  at  least  once  in  a  newspaper  published  in  such  city,  or  printed  and 
posted  in  at  least  three  public  places  therein.  It  shall  not  be  necessary  in  any 
action,  civil  or  criminal,  to  plead  or  prove  the  organization  or  existence  of  such 
corporation,  nor  the  pasage,  existence,  or  validity  of  any  ordinance  thereof; 
and  courts  shall  take  judicial  cognizance  thereof  without  proof.  [Amendment, 
Stats.  1889,  389.] 

§  766.  All  demands  against  such  city,  except  as  otherwise  by  law  provided, 
shall  be  presented  to  and  audited  by  the  board  of  trustees,  in  accordance  with 
such  regulations  as  they  may  by  ordinance  prescribe ;  and  upon  the  allowance 
of  any  such  demand,  the  president  of  the  board  shall  draw  a  warrant  upon  the 
treasurer  for  the  same,  which  warrant  will  be  countersigned  by  the  clerk,  and 
shall  specify  for  what  purpose  the  same  is  drawn,  and  out  of  what  fund  it  is 
to  be  paid.     [Amendment,  Stats.  1889,  389.] 

§  767.  The  board  of  trustees  shall  not  create,  audit,  allow,  or  permit  to  accrue 
any  debt  or  liability  in  excess  of  the  available  money  in  the  treasury  that  may  be 
legally  apportioned  and  appropriated  for  such  purposes,  except  in  the  manner 
provided  by  law  for  incurring  indebtedness;  provided,  that  any  city  during 
the  first  year  of  its  existence  under  this  act  may  incur  such  indebtedness  or  lia- 
bility as  may  be  necessary,  not  exceeding  in  all  the  income  or  revenue  provided 
for  it  for  such  year ;  nor  shall  any  warrant  be  drawn,  or  evidence  of  indebtedness 
be  issued,  unless  there  be  at  the  time  sufficient  money  in  the  treasury  legally 
applicable  to  the  payment  of  the  same,  except  as  hereinbefore  provided.  [Amend- 
ment, Stats.  1889,  389.] 

§  768.  If  at  any  time  the  board  of  trustees  shall  deem  it  necessary  to  incur 
any  indebtedness  in  excess  of  the  money  in  the  treasury  applicable  to  the  pur- 
poses for  which  such  indebtedness  is  to  be  incurred,  they  shall  give  notice  of  a 
special  election  by  the  qualified  electors  of  the  city,  to  be  held  to  determine 


888        MUNICIPAL    CORPORATIONS— FIFTH    CLASS— INDEBTEDNESS— ELECTION. 

whether  such  indebtedness  shall  be  incurred.  Such  notice  shall  specify  the 
amount  of  indebtedness  proposed  to  be  incurred;  the  purpose  or  purposes  if 
the  question  of  indebtedness  for  more  than  one  purpose  be  proposed  of  the  same, 
and  the  amount  of  money  necessary  to  be  raised  annually  by  taxation  for  an 
interest  and  sinking  fund  as  hereinafter  provided ;  provided,  that  such  interest 
shall  not  be  in  excess  of  seven  per  centum  per  annum.  Such  notice  shall  be  pub- 
lished for  at  least  two  weeks  in  some  newspaper  published  in  such  city,  and 
no  other  question  or  matter  shall  be  submitted  to  the  electors  at  such  election. 
If,  upon  the  canvass  of  the  votes  east  at  such  election,  it  appears  that  not  less  than 
two  thirds  of  all  the  qualified  electors  voting  at  such  election  shall  have  voted 
in  favor  of  incurring  such  indebtedness,  it  shall  be  the  duty  of  the  board  of 
trustees  to  pass  an  ordinance  providing  for  the  mode  of  creating  such  indebted- 
ness and  of  paying  the  same;  and  in  such  ordinance  provision  shall  be  made 
for  the  levy  and  collection  of  an  annual  tax  upon  all  the  real  and  personal 
property  subject  to  taxation  within  such  city,  sufficient  to  pay  the  interest  on 
such  indebtedness  as  it  falls  due;  and  also,  to  constitute  a  sinking  fund  for 
the  payment  of  the  principal  thereof  within  a  period  of  not  more  than  twenty 
years  from  the  time  of  contracting  of  the  same.  It  shall  be  the  duty  of  the 
board  of  trustees,  in  each  year  thereafter,  at  the  time  at  which  taxes  are  levied, 
to  levy  a  tax  sufficient  for  such  purposes  in  addition  to  the  taxes  by  this  chapter 
authorized  to  be  levied.  Such  tax  when  collected  shall  be  kept  in  the  treasury 
as  a  separate  fund,  or  funds,  in  case  indebtedness  be  incurred  for  different 
purposes,  to  be  inviolably  appropriated  to  the  payment  of  the  principal  and 
interest  of  such  indebtedness.     [Amendment,  Stats.  1889,  371.] 

[At  the  same  session  another  amendment  of  §768  (Stats.  1889,  397)  was  as 
follows:  "If  at  any  time  the  board  of  trustees  shall  deem  it  necessary  to  incur 
any  indebtedness  in  excess  of  the  money  in  the  treasury  applicable  to  the  pur- 
poses for  which  such  indebtedness  is  to  be  incurred,  they  shall  give  notice  of 
a  special  election  by  the  qualified  electors  of  the  city,  to  be  held  to  determine 
whether  such  indebtedness  shall  be  incurred.  Such  notice  shall  specify  the 
amount  of  indebtedness  proposed  to  be  incurred,  the  purpose  or  purposes  (if  the 
question  of  indebtedness  for  more  than  one  purpose  be  proposed)  of  the  same, 
and  the  amount  of  money  necessary  to  be  raised  annually  by  taxation  for  an 
interest  and  sinking  fund  for  each  purpose,  as  hereinafter  provided.  Such 
notice  shall  be  published  for  at  least  two  weeks  in  some  newspaper  published 
and  circulated  in  such  city ;  and  no  other  question  or  matter  shall  be  submitted 
to  the  electors  at  such  election.  If,  upon  a  canvass  of  the  votes  cast  at  such 
election,  it  appears  that  not  less  than  two  thirds  of  all  the  qualified  electors 
voting  at  such  election,  or  if  more  than  one  proposition  is  submitted,  voting  on 
such  proposition,  shall  have  voted  in  favor  of  incurring  such  indebtedness,  it 
shall  be  the  duty  of  the  board  of  trustees  to  pass  an  ordinance  providing  for  the 
work  of  creating  such  indebtedness  and  of  paying  the  same;  and  in  such  ordi- 
nance provision  shall  be  made  for  the  levy  and  collection  of  an  annual  tax  upon 
all  the  real  and  personal  property  subject  to  taxation  within  such  city,  sufficient 
to  pay  the  interest  on  such  indebtedness  as  it  falls  due;  and  also  to  constitute 
a  sinking  fund  for  the  payment  of  the  principal  thereof  within  a  period  of  not 
more  than  twenty  years  from  the  time  of  contracting  the  same.  It  shall  be  the 
duty  of  the  board  of  trustees  in  each  year  thereafter,  at  the  time  at  which  other 


MUNICIPAL    CORPORATIONS— FIFTH    CLASS — STREET    IMPROVEMENTS.  889 

taxes  are  levied,  to  levy  a  tax  sufficient  for  such  purposes  in  addition  to  the  taxes 
by  this  chapter  authorized  to  be  levied.  Such  tax,  when  collected,  shall  be  kept 
in  the  treasury  as  a  separate  fund,  or  funded  if  indebtedness  be  incurred  for 
different  purposes,  to  be  inviolably  appropriated  to  the  payment  of  the  principal 
and  interest  of  such  indebtedness."] 

§  769.  The  violation  of  any  ordinance  of  such  city  shall  be  deemed  a  mis- 
demeanor, and  may  be  prosecuted  by  the  authorities  of  such  city  in  the  name 
of  the  people  of  the  state  of  California,  or  may  be  redressed  by  civil  action,  at 
the  option  of  said  authorities.  Any  person  sentenced  to  imprisonment  for  the 
violation  of  an  ordinance  may  be  imprisoned  in  the  city  jail,  or,  if  the  board 
of  trustees  shall  by  ordinance  so  prescribe,  in  the  county  jail  of  the  county  in 
which  such  city  may  be  situated ;  in  which  case  the  expense  of  such  imprisonment 
shall  be  a  charge  in  favor  of  such  county  against  such  city.  [Amendment,  Stats. 
1905,  72.] 

§  770.  Every  act  or  thing  done  or  being  within  the  limits  of  such  city,  which 
is  or  may  be  declared  by  law  or  by  any  ordinance  of  such  city  to  be  a  nuisance, 
shall  be  and  is  hereby  declared  to  be  a  nuisance,  and  shall  be  considered  and 
treated  as  such  in  all  actions  and  proceedings  whatever ;  and  all  remedies  which 
are  or  may  be  given  by  law  for  the  prevention  and  abatement  of  nuisances  shall 
apply  thereto. 

§  771.  The  board  of  trustees  are  hereby  authorized  and  empowered  to  order 
any  work  authorized  by  this  chapter  to  be  done  upon  the  streets,  avenues,  high- 
ways and  public  places  of  such  city.  The  cost  and  expense  incurred  therefor 
shall  be  paid  as  follows,  to  wit:  The  expense  or  cost  of  improving  and  repairing 
streets,  sidewalks,  alleys,  squares,  and  other  public  highways  and  places  within 
the  city,  removing  obstructions  therefrom;  grading,  paving,  macadamizing, 
graveling,  and  curbing  the  same,  and  constructing  gutters,  culverts,  and  side- 
walks therein,  shall  be  assessed  upon  the  lots  and  lands  fronting  thereon,  each 
lot  or  portion  of  a  lot  being  separately  assessed  for  the  full  debt  thereof  in  pro- 
portion to  the  benefits  upon  the  property  to  be  benefited,  sufficient  to  cover  the 
total  expense  of  the  work  to  the  center  of  the  street  on  which  it  fronts,  provided, 
that  the  board  of  trustees  may  expend  from  the  general  fund  for  said  purposes 
a  sum  not  exceeding  one  hundred  dollars  on  any  one  street  in  any  one  year. 
The  expense  of  all  improvements  in  the  space  formed  by  the  junction  of  two  or 
more  streets,  or  where  one  main  street  terminates  in  or  crosses  another  main 
street,  and  also  all  necessary  street  crossings,  or  crossways  at  corners  or  intersec- 
tion of  streets,  and  the  expense  of  establishing,  building,  and  repairing  bridges 
in  such  city,  shall  be  paid  by  such  city.  The  expense  incurred  in  making  and 
repairing  sewers  in  any  streets  shall  be  paid,  one  fourth  by  the  owner  of  the 
lands  on  one  side  of  said  street,  one  fourth  by  the  owner  of  the  land  on  the  other 
side  of  said  street,  and  one  half  by  the  city  out  of  the  sewer  fund.  In  all  the 
streets  constituting  the  w^ater  front  of  such  city,  or  bounded  on  the  one  side  by 
the  property  thereof,  the  expense  of  work  done  on  that  portion  of  said  streets, 
from  the  center  line  thereof  to  the  said  water  front,  or  to  such  property  of  the 
city  bounded  thereon,  shall  be  paid  for  by  such  city;  but  no  contract  for  any 
such  work  shall  be  given,  except  to  the  lowest  responsible  bidder,  and  in  the  man- 
ner hereinafter  provided.  When  any  work  or  improvements  mentioned  in  this 
section  is  done  or  made  on  one  side  of  the  center  line  of  said  streets,  avenues,  or 


SIM)  MUNICIPAL    COKPORATIONS— FIFTH    CLASS— TAXATION— COLLECTION. 

public  highways,  the  lots  or  portions  of  lots  fronting  on  that  side  only  shall  be 
assessed  to  cover  the  expenses  of  said  work,  according  to  the  provisions  of  this 
chapter.  "Whenever  any  expenses  or  cost  of  work  shall  have  been  assessed  on 
any  lands,  the  amount  of  said  expenses  shall  become  a  lien  upon  said  lands, 
which  shall  take  precedence  of  all  other  liens,  and  which  may  be  foreclosed  in 
accordance  with  the  provisions  of  the  Code  of  Civil  Procedure.  Said  suit  shall 
be  in  the  name  of  the  city  of  (naming  it),  as  plaintiff.  Upon  the  filing  of  a  com- 
plaint in  the  superior  court  to  enforce  a  lien  of  any  kind  hereon,  the  plaintiff 
shall  be  entitled,  if  a  recovery  is  had  or  the  money  is  paid,  to  include  as  costs 
the  sum  of  twenty-five  dollars  as  attorney's  fees. 

§  772.  Whenever  it  shall  become  necessary  for  the  city  to  take  or  damage 
private  property  for  the  purpose  of  establishing,  laying  out,  extending,  and 
widening  streets  and  other  public  highways  and  places  within  the  city,  or  for 
the  purpose  of  rights  of  way  for  drains,  sewers,  and  aqueducts,  and  for  the 
purpose  of  widening,  straightening,  or  diverting  the  channels  of  streams,  and 
the  improvement  of  water  fronts,  and  the  board  of  trustees  cannot  agree  with  the 
owner  thereof  as  to  the  price  to  be  paid,  the  trustees  may  direct  proceedings  to 
be  taken  under  section  twelve  hundred  and  thirty-seven,  and  following  sections, 
to  and  including  section  twelve  hundred  and  sixty-three  of  the  Code  of  Civil 
Procedure,  to  procure  the  same. 

§  773.  The  board  of  trustees  shall  have  the  power,  and  it  shall  be  their  duty, 
to  provide  by  ordinance  a  system  for  the  assessment,  levy,  and  collection  of  all 
city  taxes  not  inconsistent  with  the  provisions  of  this  chapter.  All  taxes  shall  be 
collected  by  the  marshal  or  treasurer,  as  may  be  determined  by  the  board  of 
trustees  by  ordinance.  All  taxes  assessed,  together  with  any  percentage  imposed 
for  delinquency  and  the  cost  of  collection,  shall  constitute  liens  on  the  property 
assessed;  every  tax  upon  the  personal  property  shall  be  a  lien  upon  the  real 
property  of  the  owner  thereof.  The  liens  provided  for  in  this  section  shall 
attach  as  of  the  first  Monday  in  March  of  each  year,  and  may  be  enforced  by  a 
sale  of  the  real  property  affected,  and  the  execution  and  delivery  of  all  necessary 
certificates  and  deeds  therefor,  under  such  regulations  as  may  be  prescribed 
by  ordinance,  or  by  action  in  any  court  of  competent  jurisdiction  to  foreclose  such 
liens;  provided,  that  any  property  sold  for  such  taxes  shall  be  subject  to  redemp- 
tion within  five  years  and  upon  the  terms  provided  or  that  may  hereafter  be  pro- 
vided for  the  redemption  of  property  sold  for  state  taxes.  All  deeds  made  upon 
any  sale  of  property  for  taxes  or  special  assessments  under  the  provisions  of  this 
chapter  shall  have  the  same  force  and  effect  in  evidence  as  is  or  may  hereafter  be 
provided  by  law  for  deeds  for  property  sold  for  non-payment  of  state  taxes. 
[Amendment,  Stats.  1905,  88,  but  see  §  871  post  and  note.] 

§  774.  The  board  of  trustees  shall  meet  at  their  usual  place  of  holding  meet- 
ings on  the  second  Monday  of  August  of  each  year,  at  ten  o'clock  in  the  fore- 
noon of  said  day,  and  sit  as  a  board  of  equalization,  and  shall  continue  in  session 
from  day  to  day  until  all  the  returns  of  the  assessor  have  been  rectified.  They 
shall  have  power  to  hear  complaints,  and  to  correct,  modify,  or  strike  out  any 
assessment  made  by  the  assessor,  and  may,  of  their  own  motion,  raise  any  assess- 
ment, upon  notice  to  the  party  whose  assessment  is  to  be  raised.  The  corrected 
list  for  each  tax  shall  be  the  assessment  roll  for  said  tax  for  said  year.  It  shall 
be  certified  by  the  city  clerk,  who  shall  act  as  clerk  of  the  board  of  equalization, 


MUNICIPAL    CORPORATIONS — FIFTH    CLASS— REPAIRS    TO    BUILDINGS.  8«1 

as  teing  the  assessment  roll  for  said  tax,  and  shall  be  the  assessment  roll  upon 
which  such  tax  is  to  be  levied  in  said  year. 

§  775.  Nothing  in  this  chapter  contained  shall  be  construed  to  prevent  any- 
city  having  a  bonded  indebtedness,  contracted  under  laws  heretofore  passed, 
from  levying  and  collecting  such  taxes  for  the  payment  of  such  indebtedness, 
and  the  interest  thereon,  as  are  provided  for  in  such  laws,  in  addition  to  the 
taxes  herein  authorized  to  be  levied  and  collected ;  nor  to  prevent  any  city  from 
levying  and  collecting  the  tax  authorized  by  the  act  entitled  "An  act  to  establish 
free  public  libraries  and  reading-rooms,"  approved  April  twenty-sixth,  eighteen 
hundred  and  eighty,  in  addition  to  the  taxes  herein  authorized  to  be  levied  and 
collected.  All  moneys  received  from  licenses,  street  poll-tax,  and  from  fines, 
penalties,  and  forfeitures,  shall  be  paid  into  the  general  fund. 

§  776.  The  board  of  trustees  may  also  levy,  and  cause  to  be  collected  in  each 
year,  in  addition  to  the  taxes  herein  authorized  to  be  levied  and  collected,  a  tax, 
not  exceeding  ten  cents  on  each  one  hundred  dollars  of  the  assessed  value  of  all 
real  and  personal  property  within  such  city  subject  to  taxation,  the  proceeds  of 
which  tax  shall  be  known  as  the  "River  and  Water  Front  Improvement  Fund," 
and  shall  be  applied  to  the  improvement  of  streams,  bays,  and  water  fronts,  and 
the  erection  of  embankments  and  other  works  to  protect  the  city  from  overflow, 
and  for  no  other  purposes  whatever. 

§  777.  In  the  erection,  improvement,  and  repair  of  all  public  buildings  and 
works,  in  all  street  and  sewer  work,  and  in  all  work  in  or  about  streams,  bays, 
or  water  fronts,  or  in  or  about  embankments,  or  other  works  for  protection 
against  overflow,  and  in  furnishing  any  supplies  or  materials  for  the  same,  when 
the  expenditure  required  for  the  same  exceeds  the  sum  of  one  hundred  dollars,  the" 
same  shall  be  done  by  contract,  and  shall  be  let  to  the  lowest  responsible  bidder, 
after  notice  by  publication  in  a  newspaper  of  general  circulation  printed  and 
published  in  such  city,  for  at  least  two  weeks,  or  if  there  be  no  newspaper  printed 
or  published  therein,  by  printing  and  posting  the  same  in  at  least  four  public 
places  therein  for  the  same  period.  Such  notice  shall  distinctly  and  specifically 
state  the  work  contemplated  to  be  done ;  provided,  that  the  board  of  trustees  may 
reject  any  and  all  bids  presented,  and  readvertise,  in  their  discretion.  The  board 
of  trustees  shall  annually,  at  a  stated  time,  contract  for  doing  all  city  printing 
and  advertising,  which  contract  shall  be  let  to  the  lowest  bidder,  after  notice,  as 
provided  in  this  section,  and  the  contract  therefor  shall  be  awarded  separately 
from  all  other  printing.     [Amendment,  Stats.  1891,  54.] 

§  778.  The  president  of  the  board  of  trustees  shall  preside  over  all  meetings 
of  the  board  at  which  he  is  present.  In  his  absence  a  president  pro  tempore  may 
be  chosen.  The  president,  and  in  his  absence  the  president  pro  tempore,  shall 
sign  all  warrants  drawn  on  the  city  treasurer,  and,  unless  otherwi.se  provided 
by  said  board,  shall  sign  all  written  contracts  entered  into  by  said  city,  as  such 
president  or  president  pro  tempore.  The  authority  and  power  of  the  president 
pro  tempore  shall  continue  only  during  the  day  on  which  he  is  chosen.  The 
president  and  president  pro  tempore  shall  have  power  to  administer  oaths  and 
affirmations,  and  take  affidavits  and  certify  the  same  under  their  hands.  The 
president  or  president  pro  tempore  shall  sign  all  conveyances  made  by  said  city, 
and  all  instruments  which  shall  require  the  seal  of  the  city.     The  president  is 


sua        MUNICIPAL   CORPORATIONS— FIFTH    CLASS— EXECUTIVE    DEPARTMENT. 

authorized  to  acknowledge  the  execution  of  all  instruments  executed  by  said 
city  that  require  to  be  acknowledged.  He  shall  have  power  to  administer  oaths 
and  affirmations  concerning  any  demand  upon  the  treasury,  and  in  all  matters 
relating  to  the  duties  of  the  board  of  trustees,  and  to  witnesses  examined  in  any 
investigation  had  by  said  board,  or  by  any  committee  thereof  duly  authorized 
to  make  such  investigation.  Said  president  may  issue  subpoenas  under  his  hand 
and  the  seal  of  such  city,  attested  by  the  city  clerk  to  compel  the  attendance  of 
witnesses  before  such  board  of  trustees  or  committee  thereof.  [Amendment, 
Stats.  1889,  389.] 

ARTICLE   rv. — EXECUTIVE    DEPARTMENT. 

§  786.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  safely  keep  all 
moneys  which  shall  come  into  his  hands  as  city  treasurer,  for  all  of  which  he 
shall  give  duplicate  receipts,  one  of  which  shall  be  filed  with  the  city  clerk.  He 
shall  pay  out  said  money  on  warrants  signed  by  the  proper  officers,  and  not 
otherwise,  except  interest  coupons  on  bonds.  He  shall  make  quarterly  settle- 
ments with  the  city  clerk.  He  shall  collect  all  taxes  levied  by  the  board  of  trus- 
tees, if  so  required  by  ordinance.     [Amendment,  Stats.  1889,  389.] 

§  787.  It  shall  be  the  duty  of  the  assessor,  between  the  first  day  of  May  and 
the  first  day^  of  August  in  each  year,  to  make  out  a  true  list  of  all  the  taxable 
property  within  the  city.  The  mode  of  making  out  of  said  list,  and  proceedings 
relating  thereto,  shall  be  in  conformity  with  laws  now  in  force  regulating  county 
assessors,  except  as  the  same  may  be  otherwise  provided  in  this  act,  or  by  ordi- 
nance. Said  list  shall  describe  the  property  assessed  and  the  value  thereof,  and 
shall  contain  all  other  matters  required  to  be  stated  in  such  lists  by  county 
assessors.  Said  assessor  shall  verify  said  list  by  his  oath,  and  shall  deposit  the 
same  with  the  city  clerk,  on  or  before  the  first  INIonday  of  August  in  each  year. 
The  assessor  shall,  during  said  time,  also  make  a  list  of  all  male  persons  residing 
within  the  limits  of  such  city  over  the  age  of  twenty-one  years,  and  shall  verify 
said  list  by  his  oath,  and  shall,  on  or  before  the  first  Monday  of  August  in  each 
year,  deposit  the  same  with  the  city  clerk.  Said  assessor  and  his  deputy  shall 
have  power  to  administer  all  oatlis  and  affirmations  necessary  in  the  perform- 
ance of  his  duties. 

§  788.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a  full  and  true  record  of 
all  the  proceedings  of  the  board  of  trustees  and  of  the  board  of  equalization. 
The  proceedings  of  the  board  of  trustees  shall  be  kept  in  a  book,  marked 
"Kecords  of  the  Board  of  Trustees."  The  proceedings  of  the  board  of  equaliza- 
tion shall  be  kept  in  a  separate  book,  marked  "Records  of  the  Board  of  Equaliza- 
tion." He  shall  keep  a  book,  which  shall  be  marked  "City  Accounts,"  in  which 
shall  be  entered  as  a  credit  all  moneys  received  by  the  city  for  licenses,  the 
amount  of  any  tax  when  levied,  and  all  other  moneys  received;  and  in  which 
shall  be  entered  upon  the  debtor  side  all  commissions  deducted,  and  all  warrants 
drawn  on  the  treasury.  He  shall  also  keep  a  book,  marked  "Marshal's  Account," 
in  which  he  shall  charge  the  city  marshal  with  all  the  tax  lists,  if  any,  delivered 
to  him,  and  all  licenses  delivered  to  him.  He  shall  credit  the  marshal  with  the 
delinquent  lists  returned  by  him.  He  shall  also  keep  a  book,  marked  ' '  Treasurer 's 
Account,"  in  which  he  shall  keep  a  full  account  of  the  transactions  of  the  city 
with  the  treasurer.    He  shall  also  keep  a  book,  marked  "City  Licenses,"  in  which 


MUNICIPAL.    CORPORATIONS— FIFTH    CLASS— POLICE — CITV    MARSHAL.  893 

he  shall  enter  all  licenses  delivered  by  him  to  the  marshal,  and  the  amount 
thereof.  He  shall  also  keep  a  book,  marked  "City  Ordinances,"  into  which  he 
shall  copy  all  city  ordinances,  with  his  certificate  annexed  to  said  copy,  stating 
the  foregoing  ordinance  is  a  true  and  correct  copy  of  an  ordinance  of  such  city, 
and  giving  the  number  and  title  of  said  ordinance,  and  stating  that  the  same  has 
been  published  or  posted  according  to  law.  Said  record  copy,  with  said  certifi- 
cate, or  the  original  ordinance,  shall  be  prima  facie  evidence  of  the  contents  of 
the  ordinance  and  of  the  due  passage  and  publication  of  the  same,  and  shall  be 
admissible  as  such  evidence  in  any  court  or  proceeding.  Said  records  shall  not 
be  filed  in  any  case,  but  shall  be  returned  to  the  custody  of  the  city  clerk.  Noth- 
ing herein  contained  shall  be  construed  to  prevent  the  proof  of  the  passage  and 
publication  of  ordinances  in  the  usual  way.  Each  of  the  foregoing  books,  except 
the  records  of  the  board  of  trustees  and  the  board  of  equalization,  shall  have 
a  general  index,  sufficiently  comprehensive  to  enable  a  person  readily  to  ascer- 
tain matters  contained  therein.  The  city  clerk  shall  also  keep  a  book,  marked 
"Demands  and  Warrants,"  in  which  he  shall  note  evei-y  demand  again.st  the  city, 
and  file  the  same.  He  shall  state  therein,  under  the  note  of  the  demands,  the 
final  disposition  made  of  the  same ;  and  if  the  same  is  allowed  and  a  warrant  is 
drawn,  he  shall  also  state  the  number  of  the  warrant,  with  sufficient  dates.  This 
books  shall  contain  an  index,  in  which  reference  shall  be  made  to  each  demand. 
Upon  the  completion  of  the  assessment  roll  for  any  of  the  taxes  of  the  city,  and 
levying  of  the  tax  thereon,  the  city  clerk  shall  apportion  the  taxes  upon  such 
assessment  roll,  and  shall  deliver  it  to  the  officer  charged  with  the  duty  of  col- 
lecting taxes.  It  shall  not  be  necessary  to  make  a  duplicate  assessment  roll.  He 
may  appoint  a  deputy,  for  whose  acts  he  and  his  bondsmen  shall  be  responsible ; 
and  he  and  his  deputy  shall  have  power  to  administer  oaths  and  affirmations,  to 
take  affidavits  and  depositions  to  be  used  in  any  court  or  proceeding  in  the  state, 
and  to  certify  the  same.  He  and  his  deputy  shall  take  all  necessary  affidavits 
to  demands  against  the  city,  and  certify  the  same  without  charge.  He  shall  be 
the  custodian  of  the  seal  of  such  city.  He  shall  make  a  quarterly  statement,  in 
writing,  showing  the  receipts  and  expenditures  of  the  city  for  the  preceding 
quarter,  and  the  amount  remaining  in  the  treasury.  He  shall,  at  the  end  of 
every  fiscal  year,  make  a  full  and  detailed  statement  of  the  receipts  and  expendi- 
tures of  the  preceding  year,  and  a  full  statement  of  the  financial  condition  of 
the  affairs  of  the  city,  which  shall  be  published.  He  shall  perform  such  other 
services  as  this  act  and  the  ordinances  of  the  board  of  trustees  shall  require. 
[Amendment,  Stats.  1889,  389.] 

§  789.  It  shall  be  the  duty  of  the  city  attorney  to  advise  the  city  authorities 
and  officers  in  all  legal  matters  pertaining  to  the  business  of  said  city  and  to 
render  such  other  services  in  the  line  of  his  profession  as  may  be  required  of  him 
by  the  board  of  trustees.     [Amendment,  Stats.  1889,  389.] 

§  790.  The  department  of  police  of  said  city  shall  be  under  the  direction  and 
control  of  the  city  marshal;  and  for  the  suppression  of  any  riot,  public  tumult, 
disturbance  of  the  peace,  or  resistance  again.st  the  laws  or  public  authorities  in 
the  lawful  exercise  of  their  functions,  he  shall  have  the  powers  that  are  now 
or  may  hereafter  be  conferred  upon  sheriffs  by  the  laws  of  the  state,  and  shall, 
in  all  respects,  be  entitled  to  the  same  protection ;  and  his  lawful  orders  shall  be 
promptly  executed  by  deputies,  police  officers,  and  watchmen  in  said  city,  and 


894  MUNICIPAL    CORPORATIONS— FIFTH    CLASS— SCHOOL    DEPARTMENT. 

every  citizen  shall  also  lend  him  aid,  when  required,  for  the  arrest  of  offenders 
and  maintenance  of  public  order.  He  shall  and  is  hereby  authorized  to  execute 
and  return  all  process  issued  and  directed  to  him  by  any  legal  authority.  It 
shall  be  his  duty  to  prosecute  before  the  recorder  all  breaches  or  violations  of  or 
non-compliance  with  any  city  ordinance  which  shall  come  to  his  knowledge.  He 
shall  collect  all  taxes  levied  by  the  board  of  trustees,  except  as  is  herein  provided. 
He  shall,  at  the  expiration  of  any  month,  pay  to  the  city  treasurer  all  taxes  and 
other  funds  of  said  city  collected  by  him  during  said  month.  He  shall,  upon 
payment  of  the  money,  file  with  the  treasurer  an  affidavit,  stating  that  the  money 
so  paid  is  all  the  taxes  or  funds  that  he  has  collected  or  received  during  the  pre- 
ceding month.  He  shall,  upon  the  receipt  of  any  tax  list,  give  his  receipt  for  the 
same  to  the  city  clerk,  and  shall,  upon  depositing  with  the  city  clerk  the  delin- 
quent tax  list,  take  his  receipt  therefor.  He  shall  receive  from  the  clerk  all  city 
licenses  and  collect  the  same.  He  shall  have  charge  of  the  city  prison  and  prison- 
ers, and  of  any  chain-gang  which  may  be  established  by  the  board  of  trustees. 
He  shall,  for  service  of  any  process,  receive  the  same  fees  as  constables.  He 
may  appoint,  subject  to  the  approval  of  the  board  of  trustees,  one  or  more 
deputies,  for  whose  acts  he  and  his  bondsmen  shall  be  responsible,  whose  only 
compensation  shall  be  fees  for  the  service  of  process,  which  shall  be  the  same  as 
those  allowed  to  the  city  marshal.  He  may  also,  with  the  concurrence  of  the 
president  of  the  board  of  trustees,  when  the  same  may  be  by  them  deemed  neces- 
sary for  the  preservation  of  public  order,  appoint  additional  policemen,  who 
shall  discharge  the  duties  assigned  them  for  one  day  only.  He  shall  perform 
such  other  services  as  this  act  and  the  ordinances  of  the  board  of  trustees  shall 
require,  and  shall  receive  such  compensation  from  the  city  as  shall  be  fixed  by 
ordinance,  in  addition  to  such  mileage  and  fees  as  he  shall  receive  in  the  service 
of  process  of  the  courts  of  this  state,  other  than  the  recorder's  court  of  such 
city,  which  mileage  and  fees  shall  be  the  same  as  is  allowed  by  law  to  constables 
in  the  county  in  which  such  city  is  situated.     [Amendment,  Stats.  1893,  299.] 

§  791.  The  board  of  trustees  shall,  by  ordinances  not  inconsistent  with  the 
provisions  of  this  chapter,  prescribe  the  additional  duties  of  all  officers,  and  fix 
their  compensation. 

ARTICLE   V. — SCHOOL   DEPARTMENT. 

§  795.  From  and  after  the  organization  of  each  of  such  cities,  the  same  shall 
constitute  a  separate  school  district,  which  shall  be  governed  by  the  board  of 
education  of  such  city ;  provided  the  board  of  supervisors  may  include  more 
territory  in  such  school  district  than  that  included  in  such  city,  and  in  that  case 
such  outside  territory  shall  be  deemed  a  part  of  such  city  for  the  purpose  of 
holding  the  general  municipal  election  and  shall  be  an  election  precinct  by 
itself  and  its  qualified  electors  shall  vote  only  for  the  board  of  education,  and 
said  outside  territory  shall  be  deemed  to  be  a  part  of  said  city  for  all  matters 
connected  with  the  school  department,  and  the  annual  levying  and  collecting  of 
the  property  tax  for  the  school  fund.     [Amendment,  Stats.  1891,  28.] 

§  796.  In  case  a  vacancy  shall  occur  in  the  office  of  school  director,  the  board 
of  education  shall  choose  a  person  to  fill  such  vacancy,  who  shall  serve  until  the 
next  election,  when,  if  the  term  does  not  then  expire,  a  person  shall  be  elected 
to  serve  for  the  remainder  of  such  unexpired  term. 


MUNICIPAL    CORPORATIONS — FIFTH    CLASS — BOARD     OF    EDUCATION.  805 

§  797.  The  board  of  education  shall  meet  on  the  second  Tuesday  after  such 
general  municipal  election,  and  choose  one  of  its  members  as  president,  and  shall 
appoint  a  secretary,  who  shall  hold  at  the  pleasure  of  said  board.  The  regular 
meetings  of  said  beard  shall  thereafter  be  held  as  often  as  once  in  each  month, 
in  the  place  provided  for  the  board  of  trustees,  and  the  time  for  holding  such 
meetings  shall  be  fixed  by  the  board  of  education.  Special  meetings  of  said  board 
may  be  held  when  called  by  written  notice,  signed  by  its  president,  or  -three  of 
its  members,  and  delivered  personally  to  each  of  its  members  who  shall  not  have 
signed  the  same.  Three  members  shall  constitute  a  quorum,  and  no  business 
shall  be  transacted  by  said  board  of  education  without  the  concurrence  of  three 
of  its  members ;  but  a  majority  of  the  members  present  at  any  meeting  may 
adjourn  from  time  to  time.  All  the  meetings  of  said  board  of  education  shall  be 
public,  and  full  records  of  its  proceedings  shall  be  kept  by  the  secretary  of  said 
board.  The  members  of  the  board  of  education  shall  receive  no  compensation 
for  their  services  as  school  directors.     [Amendment,  Stats.  1891,  114.] 

§  798.     The  board  of  education  shall  have  power: 

1.  To  establish  and  maintain  public,  primary,  kindergarten,  grammar,  and 
evening  schools,  and  to  subdivide  the  school  districts,  and  to  fix  and  alter  the 
boundaries  of  such  subdivisions. 

2.  To  employ  and  dismiss  a  superintendent  of  schools,  teachers,  janitors,  tru- 
ant officers,  and  school  census  marshals,  and  to  fix,  alter,  allow,  and  order  paid 
their  salaries  or  compensations;  and  to  employ  and  pay  such  mechanics  and 
laborers  as  may  be  necessary  to  carry  into  efilect  the  powers  hereby  conferred. 

3.  To  make,  establish,  and  enforce  all  necessary  or  proper  rules  and  regula- 
tions, not  in  conflict  with  the  laws  of  this  state,  for  the  government  and  manage- 
ment of  public  schools  within  such  city,  the  teachers  thereof,  and  the  pupils 
therein,  and  for  carrying  into  efi:ect  the  laws  relating  to  education. 

4.  To  provide  for  the  school  department  of  such  city,  fuel  and  lights,  water, 
printing,  and  stationery,  and  to  incur  such  other  incidental  expenses  as  may  be 
deemed  necessary  by  said  board. 

5.  To  build,  alter,  repair,  rent,  and  provide  school-houses,  and  to  furnish  the 
same  with  proper  school  furniture,  apparatus,  and  appliances,  and  to  insure 
any  and  all  school  property. 

6.  To  purchase,  receive,  lease,  and  hold  in  fee,  in  trust  for  such  city,  any  and 
all  real  estate  and  personal  property  that  may  have  been  acquired,  or  may  here- 
after be  acquired,  for  the  use  and  benefit  of  the  schools  of  such  city;  provided, 
that  no  real  estate  shall  be  bought,  sold,  or  exchanged,  nor  any  expenditure 
incurred  for  the  construction  of  new  school-houses,  without  the  approval  of  the 
board  of  trustees;  and  provided  further,  that  the  proceeds  of  any  such  sale  or 
exchange  of  real  estate  shall  be  exclusively  applied  to  the  purchase  of  other  lots 
for  the  erection  of  schcol-houses. 

7.  To  grade,  fence,  and  improve  all  school  lots, 

8.  To  determine  annually  the  amount  of  money  required  for  the  support  of 
the  public  schools,  and  for  carrying  into  effect  all  the  provisions  of  law  in  refer- 
ence thereto;  and  in  pursuance  of  this  provision,  the  board  of  education  shall, 
at  least  ten  days  before  the  meeting  of  the  board  of  trustees  at  which  the  annual 
city  taxes  are  levied,  submit  in  writing  to  the  board  of  trustees  a  careful  esti- 
mate of  the  whole  amount  of  money  to  be  received  from  the  state  and  county, 
and  of  the  amount  to  be  required  from  such  city  for  the  above-mentioned  pur- 


890  MUNICIPAL,    CORPORATIONS— FIFTH    CLASS— BOARD     OF    EDUCATION. 

poses ;  and  the  amount  so  found  to  be  required  from  the  city  shall,  by  the  board 
of  trustees,  be  added  to  the  above  amounts  to  be  assessed  and  collected  for  city 
purposes,  and  when  collected,  the  proceeds  thereof  shall  be  immediately  paid 
into  the  school  fund  of  such  city,  to  be  drawn  out  only  upon  the  order  of  the 
board  of  education ;  provided,  that  such  annual  tax  shall  not  exceed  twenty-five 
cents  on  each  one  hundred  dollars  of  the  assessed  valuation  of  the  real  and  per- 
sonal property  within  such  city. 

9.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all  moneys 
belonging  to  the  school  fund. 

10.  To  discharge  all  legal  encumbrances  existing  at  the  time  of  the  incorpora- 
tion of  such  city,  or  thereafter,  on  any  school  property  within  such  city. 

11.  To  admit  non-resident  children,  and  persons  over  twenty-one  years  of 
age,  to  any  of  the  departments  of  the  schools  of  such  city,  upon  the  payment 
monthly,  in  advance,  of  such  tuition  fee  as  said  board  may  establish. 

12.  To  prohibit  any  children  under  six  years  of  age  from  attending  the  public 
schools. 

13.  To  establish  and  regulate  the  grades  of  schools  in  such  city,  and  the  course 
of  study,  and  the  mode  of  instruction  to  be  pursued  therein,  and  determine  what 
text-books  shall  be  used. 

14.  To  do  and  perform,  in  addition  to  the  foregoing  powers,  such  other  acts 
as  may  be  necessary  or  proper  to  carry  into  effect  the  powers  hereby  conferred. 
[Amendment  adopted  March  14,  1889.    Stats.  1889,  98.] 

§  799.  The  board  of  education  may  sue  and  be  sued  by  their  name  of  office. 
In  any  action  or  judicial  proceeding  against  said  board,  service  of  process  upon 
the  president,  or  upon  a  majority  of  the  members  of  the  board  shall  be  sufficient 
to  give  the  court  jurisdiction  to  hear  and  determine  the  same. 

§  800.  All  moneys  received  by  the  treasurer  of  the  county  wherein  such  city 
may  be  situated,  on  account  of  the  school  fund  of  such  city,  or  the  school  dis- 
trict consisting  of  the  same,  and  all  sums  received  into  the  county  treasury, 
■which  may  be  apportioned  to  said  city  or  district,  shall  be  paid  to  the  treasurer 
of  such  city,  by  the  treasurer  of  such  county,  as  soon  as  received,  or  as  soon  as 
the  apportionment  shall  be  made,  when  apportionment  is  necessary,  upon  the 
order  of  the  board  of  education. 

§  801.  The  president  of  the  board  of  education  shall  have  power  to  admin- 
ister oaths  and  affirmations  concerning  any  demand  upon  the  treasury,  payable 
out  of  the  school  fund,  and  in  all  other  matters  relating  to  the  duties  of  the 
board  of  education,  and  to  witnesses  examined  in  any  investigation  had  by  such 
board  of  education,  or  by  a  committee  thereof,  duly  appointed  by  it,  for  that 
purpose. 

§  802.  Said  president  may  issue  subpcenas  under  his  hand  and  the  seal  of 
such  city,  attested  by  the  city  clerk,  to  compel  the  attendance  of  witnesses  before 
such  board  of  education,  or  committee  thereof,  who  shall  be  entitled  to  the  same 
fees  as  witnesses  in  civil  cases,  and  who  may  be  punished  for  contempt  for  non- 
attendance,  or  refusal  to  be  sworn,  or  to  answer,  by  the  superior  court  of  the 
county  in  which  such  city  may  be  situated. 

§  803.  Every  claim  payable  out  of  the  school  fund  shall  be  filed  with  the 
secretary  of  the  board  of  education,  and  after  it  shall  have  been  approved  by 


MUNICIPAL    CORPORATIONS— FIFTH    CLASS— JUDICIAL    DEPARTMENT.  SOT 

the  board  a  certificate  of  such  approval  shall  be  indorsed  thereon,  signed  by  the 
president  and  secretary,  and  a  warrant  upon  the  school  fund  shall  be  issued 
thereon  for  the  payment  of  such  claim,  which  warrant  shall  be  signed  by  the 
president  of  such  board,  and  countersigned  by  the  secretary  and  shall  specify 
for  what  purpose  the  same  is  drawn. 

§804.  The  secretary  shall  report  to  the  board  annually,  and  at  such  other 
times  as  they  may  require,  all  matters  pertaining  to  the  expense,  income,  condi- 
tion, and  progress  of  the  public  schools  of  said  city  during  the  preceding  year, 
with  such  recommendations  as  he  may  deem  proper.  He  shall  observe,  and  cause 
to  be  observed,  such  general  rules  and  regulations  for  the  government  of  and 
instruction  in  the  schools,  not  inconsistent  with  the  laws  of  the  state,  as  may  be 
established  by  the  board  of  education.  He  shall  attend  the  sessions  of  the  board, 
and  inform  them  at  each  session  of  the  condition  of  the  public  schools,  school- 
houses,  school  funds,  and  other  matters  connected  therewith,  and  recommend 
such  measures  as  he  may  deem  necessary  for  the  advancement  of  education  in 
the  city,  and  shall  perform  such  other  duties  as  may  be  required  of  him  by  the 
board.  He  shall  receive  as  compensation  for  his  services,  payable  out  of  the 
school  fund,  such  sum  as  the  board  of  education  from  time  to  time  may  allow. 

§  805.  The  entire  revenue  derived  by  such  city  from  the  state  school  fund 
and  the  state  school  tax  shall  be  applied  by  said  board  of  education  exclusively 
to  the  support  of  primary  and  grammar  schools. 

ARTICLE   VI. JUDICIAL   DEPARTMENT. 

§  806.  A  recorder's  court  is  hereby  established  in  such  city,  to  be  held  by  the 
recorder  of  such  city,  provided,  that  the  provisions  of  this  section  as  to  the  estab- 
lishment of  recorder's  courts  and  recorders  in  such  city  shall  not  apply  to  any 
such  city  in  which  a  city  justice's  court  or  a  city  justice  of  the  peace  is  now  or 
may  hereafter  be  established,  and  any  recorder's  court  now  existing  in  any  such 
last-mentioned  city  is  hereby  abolished.  Said  recorder's  court  shall  have  juris- 
diction, concurrently  with  the  justice's  courts,  of  all  actions  and  proceedings, 
civil  and  criminal,  arising  within  the  corporate  limits  of  such  city,  and  which 
might  be  tried  in  such  justice's  court;  and  shall  have  exclusive  jurisdiction  of 
all  actions  for  the  recovery  of  any  fine,  penalty,  or  forfeiture  prescribed  for  the 
breach  of  any  ordinance  of  such  city,  of  all  actions  founded  upon  any  obliga- 
tion or  liability  created  by  any  ordinance,  and  of  all  prosecutions  for  any  vio- 
lation of  any  ordinance.  In  all  civil  actions  for  the  recovery  of  any  fine,  penalty, 
or  forfeiture  prescribed  for  the  breach  of  any  ordinance  of  such  city,  where  the 
fine,  penalty  or  forfeiture  imposed  by  the  ordinance  is  not  more  than  fifty  dol- 
lars, the  trial  must  be  by  the  court,  in  civil  actions  where  the  fine,  penalty  or 
forfeiture  prescribed  for  the  breach  of  any  ordinance  of  such  city  is  over  fifty 
dollars,  the  defendant  is  entitled  to  a  jury.  Except  as  in  this  section  otherwise 
provided,  the  rules  of  practice  and  mode  of  proceeding  in  said  recorder's  court 
shall  be  the  same  as  are  or  may  be  prescribed  by  law  for  justices'  courts  in  like 
cases,  and  appeals  may  be  taken  to  the  superior  court  of  the  county  in  which 
such  city  may  be  situated,  from  all  judgments  of  said  recorder's  court  in  like 
manner  and  with  like  effect  as  in  cases  of  appeals  from  justices'  courts.  [Amend- 
ment, Stats.  1905,  72.] 

§  807.     The  recorder  shall  be  judge  of  the  recorder's  court,  and  shall  have  the 

^  Gen.   Laws — 57 


SOS      MUNICIPAIi  CORPORATIOIVS— FIFTH   CLASS— MISCELLANEOUS   PROVISIONS. 

powers  and  perform  tlie  duties  of  a  magistrate.  He  may  administer  and  certify 
oaths  and  affirmations,  and  take  and  certify  acknowledgments.  He  shall  be 
entitled  to  charge  and  receive  for  his  services  such  fees  as  are  or  may  be  allowed 
by  law  to  justices  of  the  peace  for  like  services,  except  that  for  his  services  in 
criminal  prosecution  for  violation  of  ordinances  he  shall  be  entitled  to  receive 
only  such  monthly  salary  as  the  board  of  trustees  shall  by  ordinance  prescribe ; 
which  compensation,  when  once  fixed,  shall  not  be  altered  within  two  years. 

§  808.  In  all  cases  in  which  the  recorder  is  a  party,  or  in  which  he  is  inter- 
ested, or  when  he  is  related  to  either  party  by  consanguinity  or  affinity  within 
the  third  degree,  or  is  otherwise  disqualified,  or  in  ease  of  sickness  or  inability 
to  act,  the  recorder  may  call  in  a  justice  of  the  peace  residing  in  the  city,  to  act 
in  his  place  and  stead;  or  if  there  be  no  justice  of  the  peace  residing  in  the  city, 
or  if  all  those  so  residing  are  likewise '  disqualified,  then  he  may  call  in  any 
justice  of  the  peace  residing  in  the  county  in  which  such  city  may  be  situated. 

ARTICLE   Vn. — MISCELLANEOUS   PROVISIONS. 

§  810.  Every  officer  collecting  or  receiving  any  moneys  belonging  to  or  for 
the  use  of  such  city  shall  settle  for  the  same  with  the  clerk  on  the  first  Llonday 
in  each  month,  and  immediately  pay  the  same  into  the  treasury,  on  the  order  of 
the  clerk,  for  the  benefil;  of  the  funds  to  which  such  moneys  respectively  belong. 

§  811.  No  officer  of  such  city  shall  be  interested,  directly  or  indirectly,  in 
any  contract  with  such  city,  or  with  any  of  the  officers  thereof,  in  their  official 
capacity,  or  in  doing  any  work  or  furnishing  any  supplies  for  the  use  of  such 
city  or  its  officers  in  their  official  capacity;  and  any  claim  for  compensation  for 
work  done,  or  supplies  or  materials  furnished,  in  which  any  such  officer  is  inter- 
ested, shall  be  void,  and  if  audited  and  allowed  shall  not  be  paid  by  the  treasurer. 
Any  wilful  violation  of  the  provisions  of  this  section  shall  be  a  ground  for 
removal  from  office,  and  shall  be  deemed  a  misdemeanor,  and  punished  as  such. 

§  812.  Every  act  or  thing  done  or  being  within  the  limits  of  such  city,  which 
is  or  may  be  declared  by  law  or  by  any  ordinance  of  such  city  to  be  a  nuisance, 
shall  be  and  is  hereby  declared  to  be  a  nuisance,  and  shall  be  considered  and 
treated  as  such  in  all  actions  and  proceedings  whatever;  and  all  remedies  which 
are  or  may  be  given  by  law  for  the  prevention  and  abatement  of  nuisances  shall 
apply  thereto. 

§  813.  The  fire  department  of  a  city  of  the  fifth  class  shall  consist  of  com- 
panies of  volunteer  or  paid  firemen,  as  the  board  of  trustees  may  determine, 
organized  into  engine,  hose,  or  hook-and-ladder  companies.  Such  fire  depart- 
ment, except  where  the  same  comprises  one  or  more  companies  of  paid  firemen, 
and  such  companies  of  volunteer  firemen,  shall  elect  their  own  officers:  but  the 
board  of  trustees  shall  appoint  the  chief  and  other  officers  of  such  department, 
where  the  same  comprises  one  or  more  companies  of  paid  firemen.  The  election 
of  any  person  as  chief  of  any  such  volunteer  fire  department  shall  be  forthwith 
certified  by  the  secretary  of  said  department  to  the  board  of  trustees  of  such 
city,  and  by  them  at  their  next  regular  meeting  confirmed.  The  chief  of  the 
fire  department  shall  give  a  bond  to  the  chairman  of  the  board  of  trustees  of 
such  city,  in  the  sum  of  one  thousand  dollars ;  the  chief  of  every  fire  department 
shall  inquire  into  the  cause  of  every  fire  occurring  in  the  city,  and  keep  a  record 
thereof.    He  shall  have  exclusive  control  of  the  working  of  the  fire  department 


MUNICIPAL    CORPORATIONS — SIXTH    CLASS— GENERAL    POAVERS.  899 

in  time  of  conflagration  or  fire.  He  must  aid  in  the  enforcement  of  all  fire 
ordinances  duly  enacted,  examine  buildings  in  process  of  erection,  report  vio- 
lation of  ordinances  relating  to  the  prevention  and  extinguishment  of  fires  when 
directed  by  the  proper  authorities,  and  institute  proceedings  therefor,  and 
shall  have  general  control,  management,  and  direction  of  the  fire  companies, 
hose,  hook-and-ladder  companies,  and  engine,  and  fire  departments  of  such 
city,  and  shall  perform  such  other  duties  as  may  be  by  ordinances  of  said  city, 
or  by  law,  imposed  upon  him.  His  compensation,  which  shall  not  be  less  than  ten 
dollars  per  month,  must  be  fixed  and  paid  by  the  board  of  city  trustees. 
[Amendment,  Stats.  1905,  16.] 

CHAPTER  VII. 

Municipal  Corporations  of  the  Sixth  Class. 
(A  charter  for  cities  and  towns  having  a  population  of  not  exceeding  three 

thousand. ) 

ARTICLE   I. GENERAL   POWERS. 

§  850.  Every  municipal  corporation  of  the  sixth  class  shall  be  entitled  the 
city  (or  town)  of (naming  it),  and  by  such  name  shall  have  perpetual  suc- 
cession, may  sue  and  be  sued  in  all  courts  and  places,  and  in  all  proceedings 
whatever;  shall  have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the 
city  or  town  authorities,  and  may  purchase,  lease,  receive,  hold,  and  enjoy  real 
and  personal  property,  and  .control  and  dispose  of  the  same  for  the  common 
benefit. 

ARTICLE   II. — GENERAL  PROVISIONS   RELATING   TO   OFFICERS. 

§  851.  The  government  of  such  city  or  town  shall  be  vested  in  a  board  of 
trustees,  to  consist  of  five  members;  a  clerk,  who  shall  be  ex  officio  assessor;  a 
treasurer;  a  marshal,  who  shall  be  ex  officio  tax  and  license  collector;  a  re- 
corder, to  be  appointed  by  the  board  of  trustees;  and  such  subordinate  officers 
as  are  hereinafter  provided  for.     [Amendment,  Stats.  1895,  266.] 

§  852.  The  members  of  the  board  of  trustees  and  the  clerk,  treasurer,  and 
marshal  shall  be  elected  by  the  qualified  electors  of  said  city  or  town  at  a  gen- 
eral municipal  election  to  be  held  therein  on  the  second  IMonday  in  April  in 
each  even-numbered  year.  The  clerk,  treasurer,  and  marshal  shall  hold  office 
for  the  period  of  two  years  from  and  after  the  Monday  next  succeeding  the 
day  of  such  election,  and  until  their  successors  are  elected  and  qualified.  Mem- 
bers of  the  board  of  trustees  shall  hold  office  for  the  period  of  four  years  from 
and  after  the  Monday  next  succeeding  the  day  of  such  election,  and  until  their 
successors  are  elected  and  qualified;  provided,  that  the  first  board  of  trustees 
elected  under  the  provisions  of  this  act  shall,  at  their  first  meeting,  so  classify 
themselves  by  lot  as  that  three  of  their  number  shall  go  out  of  office  at  the 
expiration  of  two  years  and  two  at  the  expiration  of  four  years.  The  board  of 
trustees  may,  in  their  discretion,  appoint  an  attorney,  a  poundmaster,  a  super- 
intendent of  streets,  a  civil  engineer,  and  such  police  and  other  subordinate 
officers  as  in  their  judgment  may  be  deemed  necessary,  and  fix  their  compensa- 
tion, which  said  officers  shall  hold  office  during  the  pleasure  of  said  board. 

§  853.  The  clerk,  treasurer,  and  marshal  shall,  respectively,  before  entering 
upon  the  duties  of  their  respective  offices,  each  execute  a  bond  to  such  city  or 


000        BIUNICIPAI.    CORPORATIONS— SIXTH    CLASS— OFFICERS    AND    SALARIES. 

town  in  such  penal  sum  as  the  board  of  trustees  by  ordinance  may  determine, 
conditioned  for  the  faithful  performance  of  his  duties,  including  in  the  same 
bond  the  duties  of  all  offices  of  which  he  is  made  by  this  chapter  ex  officio  in- 
cumbent; such  bonds  shall  be  approved  by  the  board  of  trustees.  All  bonds, 
when  approved,  shall  be  filed  with  the  clerk,  except  the  bond  of  the  clerk,  which 
shall  be  filed  with  the  president  of  the  board  of  trustees.  All  the  provisions  of 
any  law  of  this  state  relating  to  the  official  bonds  of  officers  shall  apply  to  such 
bonds,  except  as  herein  otherwise  provided.  Every  officer  of  such  city,  before 
entering  upon  the  duties  of  his  office,  shall  take  and  file  with  the  clerk  the  con- 
stitutional oath  of  office. 

§  854.  Any  vacancy  occurring  in  any  of  the  offices  provided  for  in  this  act 
shall  be  filled  by  appointment  by  the  board  of  trustees;  but  if  such  office  be 
elective,  such  appointee  shall  hold  office  only  until  the  next  regular  election,  at 
which  time  a  person  shall  be  elected  to  serve  for  the  remainder  of  such  un- 
expired term.  In  case  a  member  of  the  board  of  trustees  is  absent  from  the  city 
for  the  period  of  ninety  days,  unless  by  permission  of  the  board  of  trustees, 
his  office  shall  by  the  board  be  declared  vacant,  and  the  same  filled  as  in  case  of 
other  vacancies. 

§  855.  The  members  of  the  board  of  trustees  shall  receive  no  compensation 
whatever.  The  clerk,  treasurer,  marshal,  and  recorder  shall  severally  receive, 
at  stated  times,  a  compensation,  to  be  fixed  by  ordinance  by  the  board  of 
trustees,  which  compensation  shall  not  be  increased  or  diminished  after  their 
election,  or  during  their  several  terms  of  office.  Nothing  herein  contained  shall 
be  construed  to  prevent  the  board  of  trustees  from  fixing  such  several  amounts 
of  compensation  in  the  first  instance,  during  the  term  of  office  of  any  such  officer, 
or  after  his  election.  The  compensation  of  all  other  officers  shall  be  fixed  from 
time  to  time  by  the  boards  of  trustees. 

§  856.  All  elections  in  such  city  or  town  shall  be  held  in  accordance  with 
the  general  election  laws  of  the  state,  so  far  as  the  same  may  be  made  applicable ; 
and  no  person  shall  be  entitled  to  vote  at  such  election  unless  he  shall  be  a 
qualified  elector  of  the  county,  enrolled  upon  the  great  register  thereof,  and 
shall  have  resided  in  such  city  for  at  least  thirty  days  next  preceding  such 
election.  The  board  of  trustees  shall  give  such  notice  of  each  election  as 
may  be  prescribed  by  ordinance,  shall  appoint  boards  of  election,  and  fix  their 
compensation,  and  establish  election  precincts  and  polling-places,  and  may 
change  the  same.  At  any  municipal  election  the  last  printed  great  register  of 
the  county  shall  be  used,  and  any  elector  whose  name  is  not  upon  such  printed 
register  shall  be  entitled  to  vote  upon  producing  and  filing  with  the  board  of 
election  a  certificate,  under  the  hand  and  official  seal  of  the  county  clerk,  showing 
that  his  name  is  registered  and  uncanceled  upon  the  great  register  of  such 
county;  provided,  that  he  is  otherwise  entitled  to  vote. 

§  857.  No  person  shall  be  eligible  to  or  hold  any  elective  .office  in  such  city, 
unless  he  be  a  resident  and  elector  therein,  and  shall  have  resided  in  such  city 
for  one  year  next  preceding  the  date  of  such  election.  [Amendment  became 
a  law  under  constitutional  provision  without  governor's  approval,  March  14, 
1901.    Stats.  1901,  293.] 


MUNICIPAL   CORPORATIONS — SIXTH    CLASS— LEGISLATIVE   DEPARTMENT.        Wl 

ARTICLE   ni. — LEGISLATIVE   DEPARTMENT. 

§  858.  The  board  of  trustees  shall  meet  on  the  Monday  next  succeeding  the 
date  of  said  general  municipal  election,  shall  take  the  oath  of  office,  shall  choose 
one  of  their  number  president,  and  shall  hold  regular  meetings  at  least  once  in 
each  month,  at  such  times  as  they  shall  fix  by  ordinance.  Special  meetings  may 
be  called  at  any  time  by  the  president  of  the  board,  or  by  three  trustees,  by 
written  notice  delivered  to  each  member,  at  least  three  hours  before  the  time 
specified  for  the  proposed  meeting.  All  meetings  of  the  board  of  trustees  shall 
be  held  within  the  corporate  limits  of  the  city,  at  such  place  as  may  be  designated 
by  ordinance,  and  shall  be  public. 

§  859.  At  any  meeting  of  the  board  of  trustees  a  majority  of  the  trustees 
shall  constitute  a  quorum  for  the  transaction  of  business,  but  a  less  number 
may  adjourn  from  time  to  time,  and  may  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as  may  be  prescribed  by  ordinance. 
The  president  of  the  hoard  shall  preside  at  all  meetings  of  the  board,  and  in 
case  of  his  absence  the  board  may  appoint  a  president  pro  tempore ;  and  in  case 
of  the  absence  of  the  clerk,  the  president  or  president  pro  tempore  shall  appoint 
one  of  the  members  of  the  board  clerk  pro  tempore. 

§  860.  The  board  of  trustees  shall  judge  of  the  qualifications  of  its  members 
and  of  all  election  returns,  and  determine  contested  elections  of  all  city  officers. 
They  may  establish  rules  for  the  conduct  of  their  proceedings,  and  punish  any 
member  or  other  person  for  disorderly  behavior  at  any  meeting.  They  shall 
cause  the  clerk  to  keep  a  correct  journal  of  all  their  proceedings,  and  at  the 
desire  of  any  member  shall  cause  the  ayes  and  noes  to  be  taken  on  any  question, 
and  entered  on  the  journal. 

§  861.  No  ordinance,  and  no  resolution  granting  any  franchise  for  any  pur- 
pose, shall  be  passed  by  the  board  of  trustees  on  the  day  of  its  introduction,  nor 
within  five  days  thereafter  nor  at  any  other  than  a  regular  meeting.  No  reso- 
lution or  order  for  the  payment  of  money  shall  be  passed  at  any  other  time 
than  at  a  regular  meeting.  And  no  such  ordinance,  resolution,  or  order  shall 
have  any  validity  or  effect  unless  passed  by  the  votes  of  at  least  three  trustees, 

§  862.     The  board  of  trustees  of  said  city  shall  have  power : 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution  and  laws  of  this 
state  or  of  the  United  States. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  personal  property  as  may 
be  necessary  or  proper  for  municipal  purposes,  and  to  control,  dispose  of,  and 
convey  the  same  for  the  benefit  of  the  city  or  town;  provided,  they  shall  not 
have  power  to  sell  or  convey  any  portion  of  any  water  front. 

3.  To  contract  for  supplying  the  city  or  town  with  water  for  municipal  pur- 
poses, or  to  acquire,  construct,  repair,  and  manage  pumps,  aqueducts,  reser- 
voirs, or  other  works  necessary  or  proper  for  supplying  water  for  the  use  of  such 
city  or  the  inhabitants,  or  for  irrigating  purposes  therein. 

4.  to  establish,  build,  and  repair  bridges;  to  establish,  lay  out,  alter,  keep 
open,  improve,  and  repair  streets,  sidewalks,  alleys,  squares,  and  other  public 
highways  and  places  within  the  city  or  town,  and  to  drain,  sprinkle,  oil,  and 
light  the  same ;  to  remove  all  obstructions  therefrom ;  to  establish  the  grades 
thereof;  to  grade,  pave,  macadamize,  gravel,  and  curb  the  same,  in  whole  or  in 


90a  MUNICIPAL.   CORPORATIONS— SIXTH   CLASS— BOARD   OF  TRUSTEES. 

part,  and  to  construct  gutters,  culverts,  sidewalks,  and  crosswalks  therein,  or  on 
any  part  thereof;  to  cause  to  be  planted,  set  out,  and  cultivated,  shade  trees 
therein;  and  generally  to  manage  and  control  all  such  highways  and  places; 
and  in  the  exercise  of  the  powers  herein  granted  to  expend,  in  their  discretion, 
the  ordinary  annual  income  and  revenue  of  the  municipality  in  payment  of  the 
costs  and  expenses  of  the  whole  or  any  part  of  such  work  or  improvement. 

5.  To  construct,  establish,  and  maintain  drains  and  sewers. 

6.  To  provide  fire-engines  and  all  other  necessary  or  proper  apparatus  for  the 
prevention  and  extinguishment  of  fires. 

7.  To  impose  on  and  collect  from  every  male  inhabitant,  between  the  ages  of 
twenty-one  and  sixty  years,  an  annual  street  poll-tax,  not  exceeding  two  dollars ; 
and  no  other  road  poll-tax  shall  be  collected  within  the  limits  of  the  city. 

8.  To  impose  and  collect  an  annual  license  not  exceeding  two  dollars  on  every 
male  dog,  and  four  dollars  on  every  female  dog  owned  or  harbored  within  the 
limits  of  the  city. 

9.  To  levy  and  collect  annually  a  property  tax,  which  shall  not  exceed  seventy- 
five  cents  on  each  one  hundred  dollars. 

10.  To  license,  for  the  purpose  of  revenue  and  regulation,  all  and  every  kind 
of  business  authorized  by  law  and  transacted  and  carried  on  in  such  city  or 
town,  and  all  shows,  exhibitions,  and  lawful  games  carried  on  therein;  to  fix 
the  rates  of  license  tax  upon  the  same,  and  to  provide  for  the  collection  of  the 
same  by  suit  or  otherwise. 

11.  To  improve  the  rivers  and  streams  flowing  through  such  city  or  adjoining 
the  same;  to  widen,  straighten,  and  deepen  the  channels  thereof,  and  remove 
obstructions  therefrom ;  to  improve  the  water  front  of  the  city ;  to  construct  ancl 
maintain  embankments  and  other  Avorks,  to  protect  such  city  from  overflow; 
and  to  acquire,  own,  construct,  maintain,  and  operate  on  any  lands  bordering  on 
any  navigable  bay,  lake,  inlet,  river,  creek,  slough,  or  arm  of  the  sea  within  the 
corporate  limits  of  such  city  or  contiguous  thereto,  wharves,  chutes,  piers,  break- 
waters, bath-houses,  and  life-saving  stations. 

12.  To  erect  and  maintain  buildings  for  municipal  purposes. 

13.  To  acquire,  own,  construct,  maintain,  and  operate  street  railways,  tele- 
phone and  telegraph  lines,  gas  and  other  works  for  light  and  heat;  public 
libraries,  museums,  gymnasiums,  parks,  and  baths,  and  to  permit  under  such 
restrictions  as  they  may  deem  proper,  the  laying  of  railroad  tracks  and  the 
running  of  cars  drawn  by  horses,  steam,  or  other  power  thereon,  and  the  laying 
of  gas  and  water  pipes  in  the  public  streets,  and  to  permit  the  construction  and 
maintenance  of  telegraph  and  telephone  lines  therein. 

14.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all  violations  of 
ordinances ;  and  for  any  breach  or  violation  of  any  ordinance ;  to  fix  the  penalty 
by  fine  or  imprisonment,  or  both;  but  no  such  fine  shall  exceed  three  hundred 
dollars,  nor  the  term  of  imprisonment  exceed  three  months. 

15.  To  cause  all  persons  imprisoned  for  violation  of  any  ordinance  to  labor 
on  the  streets,  or  other  public  property,  or  works  within  the  city. 

16.  To  establish  and  maintain  fire  limits,  and  to  regulate  building  and  con- 
struction within  the  municipality. 

17.  To  do  and  perform  any  and  all  other  acts  and  things  necessary  or  proper 
to  carry  out  the  provisions  of  this  act.     [Amendment,  Stats.  1903,  93.] 


MUNICIPAL    CORPORATIONS— SIXTH    CLASS— DEBTS    AND    CLAIMS.  903 

§  863.     The  enacting  clause  of  all  ordinances  shall  be  as  follows:   "The  board 

of  trustees  of  the  city  (or  town)  of do  ordain  as  follows."    Every  ordinance 

shall  be  signed  by  the  president  of  the  board  of  trustees,  attested  by  the  clerk, 
and  published  at  least  once  in  a  newspaper  published  in  such  city  or  town,  or 
printed  and  posted  in  at  least  three  public  places  therein. 

§  864.  All  demands  against  such  city  or  town  shall  be  presented  to  and 
audited  by  the  board  of  trustees,  in  accordance  with  such  regulations  as  they 
may  by  ordinance  prescribe;  and  upon  the  allowance  of  any  such  demand,  the 
president  of  the  board  shall  draw  a  warrant  upon  the  treasurer  for  the  same, 
which  warrant  shall  be  countersigned  by  the  clerk,  and  shall  specify  for  what 
purpose  the  same  is  drawn,  and  out  of  what  fund  it  is  to  be  paid. 

§  865.  The  board  of  trustees  shall  not  create,  audit,  allow,  or  permit  to 
accrue,  any  debt  or  liability  in  excess  of  the  available  money  in  the  treasury  that 
may  be  legally  apportioned  and  appropriated  for  such  purposes ;  provided,  that 
any  city  or  town  during  the  first  year  of  its  existence  under  this  act  may  incur 
such  indebtedness  or  liability  as  may  be  necessary,  not  exceeding  in  all  the  in- 
come and  revenue  provided  for  it  in  such  year ;  nor  shall  any  warrant  be  drawn, 
or  evidence  of  indebtedness  be  issued,  unless  there  be  at  the  time  sufficient  money 
in  the  treasury  legally  applicable  to  the  payment  of  the  same,  except  as  herein- 
after provided. 

§  866.  If  at  any  time  the  board  of  trustees  shall  deem  it  necessary  to  incur 
any  indebtedness  in  excess  of  the  money  in  the  treasury  applicable  to  the  purpose 
for  which  such  indebtedness  is  to  be  incurred,  they  shall  give  notice  of  a  special 
election  by  the  qualified  electors  of  the  city  or  town,  to  be  held  to  determine 
whether  such  indebtedness  shall  be  incurred.  Such  notice  shall  specify  the 
amount  of  indebtedness  proposed  to  be  incurred,  the  purpose  or  purposes  of  the 
saine,  and  the  amount  of  money  necessary  to  be  raised  annually,  by  taxation, 
for  an  interest  and  sinking  fund,  as  hereinafter  provided.  Such  notice  shall  be 
published  for  at  least  two  weeks  in  some  newspaper  published  in  such  city  or 
town ;  and  no  other  question  or  matter  shall  be  submitted  to  the  electors  at  such 
election.  If  upon  a  canvass  of  the  votes  cast  at  such  election  it  appears  that 
not  less  than  two  thirds  of  all  the  qualified  electors  voting  at  such  election  shall 
have  voted  in  favor  of  incurring  such  indebtedness,  it  shall  be  the  duty  of  the 
board  of  trustees  to  pass  an  ordinance  providing  for  the  mode  of  creating  such 
indebtedness,  and  of  paying  the  same;  and  in  such  ordinance  provision  shall 
be  made  for  the  levy  and  collection  of  an  annual  tax  upon  all  the  real  and 
personal  property  subject  to  taxation  within  such  city  or  town,  sufficient  to  pay 
the  interest  on  such  indebtedness  as  it  falls  due;  and  also  to  constitute  a  sinking 
fund  for  the  payment  of  the  principal  thereof,  within  a  period  of  not  more  than 
twenty  years  from  the  time  of  contracting  the  same.  It  shall  be  the  duty  of  the 
board  of  trustees,  in  each  year  thereafter,  at  the  time  at  which  other  taxes  are 
levied,  to  levy  a  tax  sufficient  for  such  purpose,  in  addition  to  the  taxes  by  this 
chapter  authorized  to  be  levied.  Such  tax,  when  collected,  shall  be  kept  in  the 
treasury  as  a  separate  fund,  to  be  inviolably  appropriated  to  the  payment  of  the 
principal  and  interest  of  such  indebtedness. 

§  867.  The  violation  of  any  ordinance  of  such  city  or  town  shall  be  deemed 
a  misdemeanor,  and  may  be  prosecuted  by  the  authorities  of  such  city  or  town 
in  the  name  of  the  people  of  the  state  of  California,  or  may  be  redressed  by 


IMM  MUNICIPAL,    CORPORATIONS— SIXTH    CLASS— TRUSTEES— AUTHORITY. 

civil  action,  at  the  option  of  said  authorities.  Any  person  sentenced  to  imprison- 
ment for  the  violation  of  an  ordinance  may  be  imprisoned  in  the  jail  for  such 
city  or  town ;  or  if  the  board  of  trustees  by  ordinance  shall  so  prescribe,  in  the 
county  jail  of  the  county  in  which  such  city  or  town  may  be  situated,  in  which 
case  the  expense  of  such  imprisonment  shall  be  a  charge  in  favor  of  such  county 
and  against  such  city  or  town. 

§  868.  Every  act  or  thing  done  or  being  within  the  limits  of  such  city  or 
town,  which  is  or  may  be  declared  by  law  or  by  any  ordinance  of  such  city  or 
town  to  be  a  nuisance,  shall  be  and  is  hereby  declared  to  be  a  nuisance,  and  shall 
be  considered  and  treated  as  such  in  all  actions  and  proceedings  whatever ;  and 
all  remedies  wdiich  are  or  may  be  given  by  law  for  the  prevention  and  abate- 
ment of  nuisances  shall  apply  thereto. 

§  869.  The  board  of  trustees  are  hereby  authorized  and  empowered  to  order 
any  work  authorized  by  this  chapter  to  be  done  upon  the  streets,  avenues,  high- 
ways, and  public  places  of  such  city  or  town.  The  cost  and  expense  incurred 
therefor  shall  be  paid  as  follows,  to  wit:  The  expense  or  cost  of  improving  and 
repairing  streets,  sidewallis,  alleys,  squares,  and  other  public  highways  and 
places  within  the  city  or  town,  removing  obstructions  therefrom;  grading,  pay- 
ing, macadamizing,  graveling,  and  curbing  the  same,  and  constructing  gutters, 
culverts,  and  sidewalks  therein,  shall  be  assessed  upon  the  lots  and  lands  fronting 
thereon,  each  lot  or  portion  of  a  lot  being  separately  assessed  for  the  full  depth 
thereof  in  proportion  to  the  benefits  upon  the  property  to  be  benefited,  sufficient 
to  cover  the  total  expense  of  the  work  to  the  center  of  the  street  on  which  it 
fronts;  provided,  that  the  board  of  trustees  may  expend  from  the  general  fund 
for  said  purposes  a  sum  which  in  their  judgment  may  be  necessary.  The  ex- 
pense of  all  improvements  in  the  space  formed  by  the  junction  of  two  or  more 
streets,  or  where  one  main  street  terminates  in  or  crosses  another  main  street, 
and  also  all  necessary  street  crossings,  or  crossways  at  corners  or  intersection  of 
streets,  and  the  expense  of  establishing,  building,  and  repairing  bridges  in  such 
city  or  town,  shall  be  paid  by  such  city  or  town.  The  expense  incurred  in  making 
and  repairing  sewers  in  any  street  shall  be  paid,  one  fourth  by  the  owner  of  the 
lands  on  one  side  of  said  street,  one  fourth  by  the  owner  of  the  land[s]  on  the  other 
side  of  said  street,  and  one  half  by  the  city  or  town  out  of  the  sewer  fund.  In  all 
the  streets  constituting  the  water  front  of  such  city  or  town,  or  bounded  on  the 
one  side  by  the  property  thereof,  the  expense  of  work  done  on  that  portion  of 
said  streets,  from  the  center  line  thereof  to  the  said  w^ater  front,  or  to  such 
property  of  the  city  or  town  bounded  thereon,  shall  be  paid  for  by  such  city  or 
town,  but  no  contract  for  any  such  w^ork  shall  be  given  except  to  the  lowest 
responsible  bidder,  and  in  the  manner  hereinafter  provided.  When  any  work 
or  improvements  mentioned  in  this  section  is  done  or  made  on  one  side  of  the 
center  line  of  said  streets,  avenues,  or  public  highways,  the  lots  or  portions  of 
lots  fronting  on  that  side  only  shall  be  assessed  to  cover  the  expenses  of  said 
work  according  to  the  provisions  of  this  chapter.  Whenever  any  expenses  or 
costs  of  work  shall  have  been  asse.ssed  on  any  lands,  the  amount  of  said  expenses 
shall  become  a  lien  upon  said  lands,  which  shall  take  precedence  of  all  other 
liens,  and  which  may  be  foreclosed  in  accordance  with  the  provisions  of  the 
Code  of  Civil  Procedure.  Such  suit  shall  be  in  the  name  of  such  city  or  town  as 
plaintiff.    Upon  the  filing  of  a  complaint  in  the  superior  court  to  enforce  a  lien 


MUNICIPAL.    CORPORATIONS— SIXTH    CLASS— TRUSTEES— POWERS.  005 

of  any  kind  hereon,  the  plaintiff  shall  be  entitled,  if  a  recovery  is  had  or  the 
money  is  paid,  to  include  as  costs  the  sum  of  twenty-five  dollars  as  attorney's 
fees. 

§  870.  Whenever  it  shall  become  necessary  for  the  city  or  town  to  take  or 
damage  private  property  for  the  purpose  of  establishing,  laying  out,  extending 
and  widening  streets  and  other  public  highways  and  places  within  the  city  or 
town,  or  for  the  purpose  of  rights  of  way  for  drains,  sewers  and  aqueducts,  and 
for  the  purpose  of  widening,  straightening  or  diverting  the  channels  of  streams, 
or  the  improvement  of  water  fronts,  or  the  acquisition  or  maintenance  of 
public  harbors,  the  trustees  may  direct  proceedings  to  be  taken  under  section 
twelve  hundred  and  thirty-seven  and  following  sections,  to  and  including  section 
twelve  hundred  and  sixty-three  of  the  Code  of  Civil  Procedure,  to  procure  the 
same.     [Amendment,  Stats.  1901,  12.] 

§  871.  The  board  of  trustees  shall  have  the  power,  and  it  shall  be  their  duty, 
to  provide  by  ordinance  a  system  for  the  assessment,  levy,  and  collection  of  all 
city  or  town  taxes  not  inconsistent  with  the  provisions  of  this  chapter.  All 
taxes  shall  be  collected  by  the  marshal  or  treasurer,  as  may  be  determined  by 
the  board  of  trustees  by  ordinance.  All  taxes  assessed,  together  with  any  per- 
centage imposed  for  delinquency  and  the  costs  of  collection,  shall  constitute 
liens  on  the  property  assessed ;  every  tax  upon  personal  property  shall  be  a  lien 
upon  the  real  property  of  the  owner  thereof.  The  liens  provided  for  in  this 
section  shall  attach  as  of  the  first  Monday  in  March  of  each  year,  and  may  be 
enforced  by  a  sale  of  the  real  property  affected,  and  the  execution  and  delivery 
of  all  necessary  certificates  and  deeds  therefor,  under  such  regulations  as  may 
be  prescribed  by  ordinance,  or  by  action  in  any  court  of  competent  jurisdiction 
to  foreclose  such  liens ;  provided,  that  any  property  sold  for  such  taxes  shall  be 
subject  to  redemption  within  five  years  and  upon  the  terms  provided  or  that  may 
hereafter  be  provided  for  the  redemption  of  property  sold  for  state  taxes.  All 
deeds  made  upon  any  sale  of  property  for  taxes  or  special  assessments  under  the 
provisions  of  this  chapter  shall  have  the  same  force  and  effect  in  evidence  as  is 
or  may  hereafter  be  provided  by  law  for  deeds  for  property  sold  for  non- 
payment of  state  taxes.     [Amendment,  Stats.  1905,  89.] 

[The  amendatory  act  of  1895  also  contained  the  following  section:  §3.  This 
act  shall  not  repeal,  or  in  any  manner  affect,  modify,  or  interfere  with  the 
provisions  of  an  act  entitled  "An  act  to  provide  for  the  levy  and  collec- 
tion of  taxes  by  and  for  the  use  of  municipal  corporations  and  cities  incor- 
porated under  the  laws  of  the  state  of  California,  except  municipal  corporations 
of  the  first  class,  and  to  provide  for  the  consolidation  and  abolition  of  certain 
municipal  offices,  and  to  provide  that  their  duties  may  be  performed  by  certain 
officers  of  the  county,  and  fixing  the  compensation  to  be  allowed  for  such  county 
officers  for  the  services  so  rendered  to  such  municipal  corporations"  approved 
March  twenty-seventh,  eighteen  hundred  and  ninety  five;  or  any  of  the  pro- 
visions of  an  act  entitled  "An  act  to  provide  for  the  levy  and  collection  of 
taxes  by  and  for  the  use  of  municipal  corporations  and  cities  incorporated  under 
the  laws  of  the  state,  except  municipal  corporations  of  the  first,  second,  third 
and  fourth  classes,  and  cities  operating  under  a  charter  framed  under  section 
eight,  article  eleven,  of  constitution,"  approved  March  second,  eighteen  hundred 
and  ninety-one.] 


006  MUNICIPAL,    CORPORATIONS— SIXTH    CLASS— PUBLIC    BUILDINGS,    ETC. 

§  872.  The  board  of  trustees  shall  meet  at  their  usual  place  of  holding  meet- 
ings on  the  second  Monday  of  August  of  each  year,  at  ten  o  'clock  in  the  forenoon 
of  said  day,  and  sit  as  a  board  of  equalization,  and  shall  continue  in  session  from 
day  to  day  until  all  the  returns  of  the  assessor  have  been  rectified.  They  shall 
have  power  to  hear  complaints,  and  to  correct,  modify,  or  strike  out  any  assess- 
ment made  by  the  assessor,  and  may,  of  their  own  motion,  raise  any  assessment, 
upon  notice  to  the  party  whose  assessment  is  to  be  raised.  The  corrected  list  for 
each  tax  shall  be  the  assessment  roll  for  said  tax  for  said  year.  It  shall  be  certi- 
fied by  the  clerk,  who  shall  act  as  clerk  of  the  board  of  equalization,  as  being  the 
assessment  roll  for  said  tax,  and  shall  be  the  assessment  roll  upon  which  such 
tax  is  to  be  levied  in  said  year. 

§  873.  Nothing  in  this  chapter  contained  shall  be  construed  to  prevent  any 
city  or  town  having  a  bonded  indebtedness,  contracted  under  laws  heretofore 
passed,  from  levying  and  collecting  such  taxes  for  the  payment  of  such  indebted- 
ness, and  the  interest  thereon,  as  are  provided  for  in  such  laws,  in  addition  to  the 
taxes  herein  authorized  to  be  levied  and  collected.  All  moneys  received  from 
licenses,  street  poll-tax,  and  from  fines,  penalties,  and  forfeitures,  shall  Be 
paid  into  the  general  fund. 

§  874.  In  the  erection,  improvement,  and  repair  of  all  public  buildings  and 
works,  in  all  street  and  sewer  work,  and  in  all  work  in  or  about  streams,  bays, 
or  water  fronts,  or  in  or  about  embankments,  or  other  works  for  protection 
against  overflow,  and  in  furnishing  any  supplies  or  materials  for  the  same,  when 
the  expenditure  required  for  the  same  exceeds  the  sum  of  one  hundred  dollars, 
the  same  shall  be  done  by  contract,  and  shall  be  let  to  the  lowest  responsible  bid- 
der, after  notice  by  publication  in  a  newspaper  of  general  circulation,  printed 
and  published  in  such  city  or  town,  for  at  least  two  weeks,  or  if  there  be  no  news- 
paper printed  or  published  therein,  by  printing  and  posting  the  same  in  at  least 
four  public  places  therein  for  the  same  period;  such  notice  shall  distinctly 
and  specifically  state  the  work  contemplated  to  be  done;  provided,  that  the 
board  of  trustees  may  reject  any  and  all  bids  presented  and  readvertise,  in 
their  discretion.  The  board  of  trustees  shall  annually,  at  a  stated  time, 
contract  for  doing  all  city  printing  and  advertising,  which  contract  shall  be 
let  to  the  lowest  bidder,  after  notice,  as  provided  in  this  section.  [Amendment, 
Stats.  1897,  89.] 

§  875.  The  president  of  the  board  of  trustees  shall  preside  over  all  meetings 
of  the  board  at  which  he  is  present.  In  his  absence  a  president  pro  tempore 
may  be  chosen.  The  president,  and  in  his  absence  the  president  pro  tempore, 
shall  sign  all  warrants  drawn  on  the  treasurer,  and  shall  sign  all  written  con- 
tracts entered  into  by  said  city  or  town,  as  such  president  or  president  pro  tem- 
pore. The  authority  and  power  of  the  president  pro  tempore  shalh  continue  only 
during  the  day  on  which  he  is  chosen.  The  president  and  president  pro  tem- 
pore shall  have  power  to  administer  oaths  and  affirmations,  and  take  affidavits 
and  testify  the  same  under  their  hands.  The  president  or  president  pro  tempore 
shall  sign  all  conveyances  made  by  said  city  or  town,  and  all  instruments  which 
shall  require  the  seal  of  the  city  or  town.  The  president  is  authorized  to  ac- 
knowledge the  execution  of  all  instruments  executed  by  said  city  or  town,  that 
require  to  be  acknowledged. 


MUNICIPAL,   CORPORATIONS— SIXTH    CLASS— EXECUTIVE   DEPARTMENT.        8OT 

ARTICLE  IV. — EXECUTIVE  DEPARTMENT. 

§  876.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  safely  keep  all 
moneys  which  shall  come  into  his  hands  as  treasurer,  for  all  of  which  he  shall 
give  duplicate  receipts,  one  of  which  shall  be  filed  with  the  clerk. 

He  shall  pay  out  said  money  or  warrants  signed  by  the  president  and  counter- 
signed by  the  clerk,  and  not  otherwise.  He  shall  make  quarterly  settlements 
with  the  clerk.  When  no  compensation  has  been  allowed  to  him  by  the  board 
of  trustees,  he  shall  be  allowed  one  per  centum  on  all  moneys  received  and  paid 
by  him  as  such  treasurer.  He  may  credit  himself  with  such  per  centum  in  his 
settlements  with  the  clerk.  Upon  each  quarterly  settlement  he  .shall  file  a  state- 
ment of  his  account  with  the  clerk.     [Amendment,  Stats.  1903,  336.] 

§  877.  It  shall  be  the  duty  of  the  assessor,  between  the  first  day  of  May  and 
the  first  day  of  August  in  each  year,  to  make  out  a  true  list  of  all  the  taxable 
property  within  the  city  or  town.  The  mode  of  making  out  of  said  list,  and 
proceedings  relating  thereto,  shall  be  in  conformity  with  laws  now  in  force 
regulating  county  assessors,  except  as  the  same  may  be  otherwise  provided  in 
this  act,  or  by  ordinance.  Said  list  shall  describe  the  property  assessed,  and 
the  value  thereof,  and  shall  contain  all  other  matters  required  to  be  stated  in 
such  lists  by  county  assessors.  Said  assessor  shall  verify  said  list  by  his  oath, 
and  shall  deposit  the  same  with  the  clerk  on  or  before  the  first  Monday  of  August 
of  each  year.  The  assessor  shall,  during  said  time,  also  make  a  list  of  all  male 
persons  residing  within  the  limits  of  the  city  or  town,  over  the  age  of  twenty-one 
years,  and  shall  verify  said  list  by  his  oath,  and  shall,  on  or  before  the  first 
Monday  of  August  in  each  year,  deposit  the  same  with  the  clerk.  Said  assessor 
and  his  deputy  shall  have  power  to  administer  all  oaths  and  affirmations  necessary 
in  the  performance  of  his  duty. 

§  878.  It  shall  be  the  duty  of  the  clerk  to  keep  a  full,  true  record  of  all  the 
proceedings  of  the  board  of  trustees  and  of  the  board  of  equalization.  The  pro- 
ceedings of  the  board  of  trustees  shall  be  kept  in  a  book,  marked  "  Records  of  the 
Board  of  Trustees."  The  proceedings  of  the  board  of  equalization  shall  be  kept 
in  a  separate  book,  marked  "Records  of  the  Board  of  Equalization."  He  shall 
keep  a  book,  which  shall  be  marked  "City  (or  Town)  Accounts,"  in  which  shall 
be  entered  as  a  credit  all  moneys  received  by  the  city  or  town  for  licenses,  th(^ 
amount  of  any  tax  when  levied,  and  all  other  moneys  when  received,  and  in 
which  shall  be  entered  upon  the  debtor  side  all  commissions  deducted  and  all 
warrants  drawn  on  the  treasury.  He  shall  also  keep  a  book,  marked  "IMarshal's 
Account,"  in  which  he  shall  charge  the  marshal  with  all  the  tax  lists  delivered 
to  him,  and  all  licenses  delivered  to  him.  He  shall  credit  the  marshal 
with  the  delinquent  lists  returned  by  him,  and  with  his  commission  for  collect- 
ing. He  shall  also  keep  a  book,  marked  "Treasurer's  Account,"  in  which  he 
shall  keep  a  full  account  of  the  transactions  of  the  city  or  town  with  the  treas- 
urer. He  shall  also  keep  a  book,  marked  "Licenses,"  in  which  he  shall  enter 
all  licenses  issued  by  him,  the  date  thereof,  to  whom  issued,  for  what,  the 
time  when  it  expires,  and  the  amount  paid.  He  shall  also  keep  a  book 
marked  "Attorney's  Account,"  and  shall  therein  charge  said  attorney  witli 
all  delinquent  tax  lists  delivered  to  him,  and  shall  credit  him  with  money 
paid  and  delinquent  tax  li.sts  returned.  He  .shall  keep  a  book,  marked  "Ordi- 
nances," into  which  he  shall  copy  all  city  or  town  ordinances,  with  his  certificate 


90S  MUNICIPAL.    CORPORATIONS— SIXTH    CLASS— RECORDS— ATTORNEY. 

annexed  to  said  copy  stating  the  foregoing  ordinance  is  a  true  and  correct  copy 
of  an  ordinance  of  the  city  or  town,  and  giving  the  number  ancr  title  of  said 
ordinance,  and  stating  that  the  same  has  been  published  or  posted  according  to 
law.    Said  record  copy,  with  said  certificate,  shall  be  prima  facie  evidence  of  the 
contents  of  the  ordinance  and  of  the  passage  and  publication  of  the  same,  and 
shall  be  admissible  as  such  evidence  in  any  court  or  proceeding.     Such  records 
shall  not  be  filed  in  any  case,  but  shall  be  returned  to  the  custody  of  the  clerk. 
Nothing  herein  contained  shall  be  construed  to  prevent  the  proof  of  the  passage 
and  publication  of  ordinances  in  the  usual  way.     Each  of  the  foregoing  books, 
except  the  records  of  the  board  of  trustees  and  the  board  of  equalization,  shall 
have  a  general  index,  sufficiently  comprehensive  to  enable  a  person  readily  to 
ascertain  matters  contained  therein.     The  clerk  shall  also  keep  a  book,  marked 
"Demands  and  Warrants,"  in  which  he  shall  note  every  demand  against  the 
the  city  or  town,  and  file  the  same.     He  shall  state  therein,  under  the  note  of 
the  demands,  the  final  disposition  made  of  the  same;  and  if  the  same  is  allowed, 
and  a  warrant  drawn,  he  shall  also  state  the  number  of  the  warrant,  with  sufficient 
dates.     This  book  shall  contain  an  index,  in  which  reference  shall  be  made  to 
each  demand.    Upon  the  completion  of  the  assessment  roll  of  any  of  the  taxes  of 
the  city  or  town,  and  the  levying  of  the  tax  thereon,  the  clerk  shall  apportion 
the  taxes  upon  such  assessment  roll,  and  make  out  and  deliver  to  the  marshal 
a  tax  list  in  the  usual  form,  taking  his  receipt  therefor.     He  may  appoint  a 
deputy,  for  whose  acts  he  and  his  bondsmen  shall  be  responsible ;  and  he  and  his 
deputy  shall  have  power  to  administer  oaths  or  affirmations,  to  take  affidavits 
and  depositions  to  be  used  in  any  court  or  proceeding  in  the  state,  and  to  certify 
the  same.    He  and  his  deputy  shall  take  all  necessary  affidavits  to  demands  against 
the  city  or  town,  and  certify  the  same  without  charge.    He  shall  be  the  custodian 
of  the  seal  of  the  city  or  town.    He  shall  make  a  quarterly  statement  in  writing, 
showing  the  receipts  and  expenditures  of  the  city  or  town  for  the  preceding 
quarter,  and  the  amount  remaining  in  the  treasury.    He  shall  at  the  end  of  every 
fiscal  year  make  a  full  and  detailed  statement  of  the  receipts  and  expenditures 
of  the  preceding  year,  and  a  full  statement  of  the  financial  condition  of  the 
affairs  of  the  city  or  town,  which  shall  be  published.     He  shall  perform  such 
other  services  as  this  act  and  the  ordinances  of  the  board  of  trustees  shall  require, 
i     §  879.     It  shall  be  the  duty  of  the  attorney  to  advise  the  city  or  town  authori- 
ties and  officers  in  all  legal  matters  pertaining  to  the  business  of  said  city  or  town. 
He  shall  receive  the  delinquent  list  and  receipt  therefor;  he  is  authorized  to 
bring  suit  in  the  name  of  the  city  or  town,  in  the  proper  court,  for  the  collection 
of  any  tax ;  he  shall  receive  for  collecting  taxes  such  per  centum  on  the  amount 
collected  as  may  be  provided  by  ordinance,  which  said  per  centum  shall  be 
collected  of  the  delinquent  taxpayers  as  provided  by  ordinance.     In  case  a  suit 
shall  be  brought  in  the  superior  court  upon  a  tax  upon  real  estate  to  sell  such 
real  estate  for  the  purpose  of  paying  such  tax  and  costs,  he  shall  be  allowed, 
in  addition  to  the  said  per  centum,  twenty-five  dollars  for  each  suit  brought,  to 
be  taxed  as  costs  in  such  suit,  and  not  to  be  paid  to  said  attorney  unless  collected 
of  the  defendant  in  such  suit.     Said  attorney  shall  receive  such  other  compen- 
sation as  may  be  allowed  by  the  board  of  trustees. 

§  880.     The  department  of  police  of  said  city  or  town  shall  be  under  the 
direction  and  control  of  the  marshal;  and  for  the  suppression  of  any  riot,  public 


MUNICIPAL,    COIirORATIONS— SIXTH    CLASS— JUDICIAL.    DEPARTMENT.  009 

tumult,  disturbance  of  the  peace,  or  resistance  against  the  laws  or  public 
authorities  in  the  lawful  exercise  of  their  functions,  he  shall  have  the  powers 
that  are  now  or  may  hereafter  be  conferred  upon  sheriffs  by  laws  of  the  state, 
and  shall  in  all  respects  be  entitled  to  the  same  protection;  and  his  lawful 
orders  shall  be  promptly  executed  by  deputies,  police  officers,  and  watchmen 
in  said  city  or  town,  and  every  citizen  shall  also  lend  his  aid,  when  required, 
for  the  arrest  of  offenders  and  maintenance  of  public  order.  He  shall,  and  is 
hereby  authorized  to,  execute  and  return  all  process  issued  and  directed  to  him 
by  any  legal  authority.  It  shall  be  his  duty  to  prosecute  before  the  recorder 
all  breaches  or  violations  of  or  non-compliance  with  any  ordinance  which  shall 
come  to  his  knowledge.  He  shall  collect  all  taxes  levied  by  the  board  of 
trustees,  except  as  herein  provided.  He  shall,  at  the  expiration  of  any  month, 
pay  to  the  treasurer  all  taxes  and  other  funds  of  said  city  or  town  collected  by 
him  during  said  month.  He  shall,  upon  payment  of  the  money,  file  with  the 
treasurer  an  affidavit,  stating  that  the  money  so  paid  is  all  the  taxes  or  funds 
that  he  has  collected  or  received  during  the  preceding  month.  He  shall,  upon 
the  receipt  of  any  tax  list,  give  his  receipt  for  the  same  to  the  clerk,  and  shall, 
upon  depositing  with  the  clerk  the  delinquent  tax  list,  take  his  receipt  therefor. 
He  shall  receive  from  the  clerk  all  licenses,  and  collect  the  same.  He  shall  have 
charge  of  the  prison  and  prisoners,  and  of  any  chain-gang  which  may  be  estab- 
lished by  the  board  of  trustees.  He  shall  for  service  of  any  process  receive 
the  same  fees  as  constables,  but  his  fees  for  services  in  any  criminal  action  or 
proceeding  upon. process  issued  from  the  recorder's  court  shall  not  be  a  charge 
against  the  county.  He  may  appoint,  subject  to  the  approval  of  the  board  of 
trustees,  one  or  more  deputies,  for  whose  acts  he  and  his  bondsmen  shall  be 
responsible,  whose  only  compensation  shall  be  fees  for  the  service  of  process, 
which  shall  be  the  same  as  those  allowed  to  the  marshal.  He  may  also,  with 
the  concurrence  of  the  president  of  the  board  of  trustees,  when  the  same  may 
be  by  them  deemed  necessary  for  the  preservation  of  public  order,  appoint 
additional  policemen,  who  shall  discharge  the  duties  assigned  them  for  one  day 
only.  He  shall  perform  such  other  services  as  this  act  and  the  ordinances  of 
the  board  of  trustees  shall  require,  and  shall  receive  such  compensation  as  shall 
be  fixed  by  ordinance.     [Amendment,  Stats.  1903,  135.] 

§  881.  The  board  of  trustees  shall,  by  ordinances  not  inconsistent  with  the 
provisions  of  this  chapter,  prescribe  the  additional  duties  of  all  officers,  and 
fix  their  compensation. 

ARTICLE  V. — JUDICIAL  DEPARTMENT. 

§  882.  A  recorder's  court  is  hereby  established  in  such  city  or  town,  to  be 
held  by  the  recorder  of  such  city  or  town.  Said  recorder's  court  shall  have 
jurisdiction,  concurrently  with  the  justices'  courts,  of  all  actions  and  proceed- 
ings, civil  and  criminal,  arising  within  the  corporate  limits  of  such  city  or  town, 
and  which  might  be  tried  in  such  justice's  court;  and  shall  have  exclusive  juris- 
diction of  all  actions  for  the  recovery  of  any  fine,  penalty,  or  forfeiture  pre- 
scribed for  the  breach  of  any  ordinance  of  such  city  or  town,  of  all  actions 
founded  upon  any  obligation  created  by  any  ordinance,  and  of  all  prosecutions 
for  any  violation  of  any  ordinance.  In  all  civil  actions  for  the  recovery  of 
any  fine,  penalty,  or  forfeiture  prescribed  for  the  breach  of  any  ordinance  of 
such  city  or  town,  where  the  fine,  penalty  or  forfeiture  imposed  by  the  ordi- 


910        MUNICIPAL,   CORPORATIONS— SIXTH   CLASS— MISCELLANEOUS   PROVISIONS. 

nance  is  not  more  than  fifty  dollars,  the  trial  must  be  by  the  court,  in  civil 
actions  where  the  fine,  penalty  or  forfeiture  prescribed  for  the  breach  of  any 
ordinance  of  such  city  or  town  is  over  fifty  dollars,  the  defendant  is  entitled  to 
a  jury.  Except  as  in  this  section  otherwise  provided,  the  rules  of  practice  and 
mode  of  proceeding  in  said  recorder's  court  shall  be  the  same  as  are  or  may  be 
prescribed  by  law  for  justices'  courts  in  like  cases;  and  appeals  may  be  taken 
to  the  superior  court  of  the  county  in  which  such  city  or  town  may  be  situated, 
from  all  judgments  of  said  recorder 's  court,  in  like  manner  and  with  like  effect 
as  in  cases  of  appeals  from  justices'  courts.  [Amendment,  Stats.  1905,  72,  73.] 
i  §  883.  The  recorder  shall  be  judge  of  the  recorder's  court,  and  shall  have 
the  powers  and  perform  the  duties  of  a  magistrate.  He  may  administer  and 
certify  oaths  and  affirmations,  and  take  and  certify  acknowledgments.  He 
shall  be  entitled  to  charge  and  receive  for  his  services  such  fees  as  are  or  may 
be  allowed  by  law  for  justices  of  the  peace  for  like  services,  except  that  for  his 
services  in  criminal  prosecutions  for  violation  of  ordinances  he  shall  be  entitled 
to  receive  only  such  fees  as  the  board  of  trustees  shall  by  ordinance  prescribe ; 
but  his  fees  for  services  in  any  criminal  case  shall  not  be  a  charge  against  the 
county.     [Amendment,  Stats.  1901,  269.] 

§  884.  In  all  cases  in  which  the  recorder  is  a  party,  or  in  which  he  is  inter- 
ested, or  when  he  is  related  to  either  party  by  consanguinity  or  affinity  within 
the  third  degree,  or  is  otherwise  disqualified,  or  in  case  of  sickness  or  inability 
to  act,  the  recorder  may  call  in  a  justice  of  the  peace  residing  in  the  city  or 
town  to  act  in  his  place  and  stead;  or  if  there  be  no  justice  of  the  peace  residing 
in  the  city  or  town,  or  if  all  those  so  residing  are  likewise  disqualified,  then  he 
may  call  in  any  justice  of  the  peace  residing  in  the  county  in  which  such  city 
or  town  may  be  situated. 

ARTICLE  VI. MISCELLANEOUS  PROVISIONS. 

§  885.  Every  officer  collecting  or  receiving  any  moneys  belonging  to  or  for 
the  use  of  such  city  or  town  shall  settle  for  the  same  with  the  clerk  on  the 
first  Monday  in  each  month,  and  immediately  pay  the  same  into  the  treasury, 
on  the  order  of  the  clerk,  for  the  benefit  of  the  funds  to  which  such  moneys 
respectively  belong. 

§  886.  No  officer  of  such  city  or  town  shall  be  interested,  directly  or  indi- 
rectly, in  any  contract  with  such  city  or  town,  or  with  any  of  the  officers 
thereof  in  their  official  capacity,  or  in  doing  any  work  or  furnishing  any  sup- 
plies for  the  use  of  such  city  or  town,  or  its  officers  in  their  official  capacity ;  and 
any  claim  for  compensation  for  work  done,  or  supplies  or  materials  furnished, 
in  which  any  such  officer  is  interested,  shall  be  void,  and  if  audited  and  allowed 
shall  not  be  paid  by  the  treasurer.  Any  wilful  violation  of  the  provisions  of 
this  section  shall  be  a  ground  for  removal  from  office,  and  shall  be  deemed  a  mis- 
demeanor, and  punished  as  such. 

MUNICIPAL  CORPORATIONS— Justices  of  Rep.  607;  People  ex  rel.  Boardman  vs.  Town 

the  Peace  In. — See  KERR'S  CYC.  CODE  CIV.  Linden,    107    Cal.    94,    97,    40    Pac.    Rep.    115; 

PROC.  §  103.  People  vs.  Town  Berkeley,  102  Cal.  298,  304, 

Powers  of  State  Board  of  Health  In. — See  36  Pac.  Rep.  591,  23  L.  R.  A.   838.     §§2,  861 — 

KERR'S  CYC.  POL.  CODE  §2984.  Derby   vs.    City   Modesto,    104    Cal.    515.    518, 

DECISIONS.— Stats.   1883,  93,  ch.   XLIX 38  Pac.  Rep.   900.     §  3— People  ex  rel.   Beas- 

§2 — Borchard    vs.    Supervisors,    144    Cal.    10,  ley  vs.  Town  Sausalito,  106  Cal.  500,  501,   39 

14,     77     Pac.     Rep.     708.      §§  2,    4 — Page    vs.  Pac.    Rep.    937.      §  7 — People    ex    rel.    Adams 

Board    Supervisors,    85    Cal.    50,    51,    24    Pac.  vs.    City   Oakland,    92    Cal.    611,    612,    28    Pac. 


MUNICIPAL    CORPORATIONS— HISTORY  AND   DECISIONS. 


911 


Rep.   807.      §  8 — People   ex   rel.    Cuff   vs.   City 
Oakland,  123  Cal.   598.  601,  56   Pac.   Rep.   445. 
§§  8,    62^Montgomery    vs.    Santa    Ana    N.    R. 
Co.,    104    Cal.    186,    192,    43    Am.    St.    Rep.    89, 
37    Pac.    Rep.    786,    25   L.    R.   A.    654.      §§40   et 
seq.,   247,   410,   570,   670,    795 — Board    Educa- 
tion   vs.    Board    Trustees,    129    Cal.    599-605, 
62  Pac.  Rep.  173.    §§  601,  621 — People  ex  rel. 
Johnson  vs.  Bag-ley,  85  Cal.  343,  345,  24  Pac. 
Rep.    716.      §  638 — Capron    vs.    Hitchcock,    98 
Cal.  427,  429,  33  Pac.  Rep.  431.     §  727— Elec- 
tric L.  Co.  vs.  San  Bernardino,  100  Cal.   348, 
34  Pac.  Rep.  819.     §§  754,  854 — People  ex  rel. 
Webster   vs.    Babcock,    123    Cal.    307,    310,    55 
Pac.     Rep.     1017.       §  755 — Marquis     vs.     City 
Santa  Ana,  103  Cal.  661,  665,  37  Pac.  Rep.  650. 
§§  755,   880 — Pritchett   vs.    Stanislaus    Co.,    73 
Cal.   310,   312,  14   Pac.   Rep.   795.      §  761— City 
Santa    Ana    vs.    Brunner,    132    Cal.    234,    238, 
64    Pac.    Rep.    287.      §763 — McBean    vs.    City 
Fresno,    112    Cal.    159,    163,    53    Am.    St.    Rep. 
191,   44  Pac.  Rep.   358,   31  L.   R.  A.  794.      §764 
— Hig-gins    vs.    Cole,    100    Cal.    260,    34    Pac. 
Rep.    678;    Brown   vs.    City   Visalia,    141    Cal. 
372,    373,     74    Pac.    Rep.     1042;     Chico    High 
School   Board   vs.    Supervisors,    118    Cal.    115, 
120,  50  Pac.  Rep.   275.     §§764-806 — City  Tu- 
lare  vs.   Hevren,   126    Cal.    226,    58   Pac.   Rep. 
580;    Denninger    vs.    Recorder's    Court,    145 
Cal.  629,  633,  79  Pac.  Rep.  364.     §  798 — Brown 
vs.    City   Visalia,    141    Cal.    372,    374,    74    Pac. 
Kep.    1042.      §  811 — Crossman   vs.    Kenniston, 
97    Cal.    379,    380,    32   Pac.    Rep.    448.      §853— 
City  Sonora  vs.  Curtin,  137  Cal.  583,   584,  70 
Pac.  Rep.  674.     §§  853,  876^City  Healdsburg 
vs.  Mulligan,  113   Cal.   205,  211,  45   Pac.  Rep. 
337,  33  L.  R.  A.  461.     §  855— Mundell  vs.  City 
Pasadena,  87  Cal.  520,  522,  25  Pac.  Rep.  1061. 
§862   (Amd't  1885) — In  re  Lawrence,  69  Cal. 
608,    610,   11    Pac.   Rep.    217;    South   Pasadena 
vs.    Terminal    R.    Co.,    109    Cal.    315,    319,    41 
Pac.   Rep.    1093;   Ex   parte  Jackson,   143    Cal. 
564-574,    77    Pac.    Rep.    457;    Ex   parte    Helm, 
143  Cal.  553-555,  77  Pac.  Rep.  453;   Ex  parte 
Lemon,    143    Cal.    558,    560-563,    77    Pac.    Rep. 
455.       §862,    snbd.    3 — Irwin    vs.    Exton,    125 
Cal.  622,  626,  58  Pac.  Rep.  257.     §862,  subd.  4 
— Hammond   vs.   San   Leandro,    135    Cal.    450, 
452,  67  Pac.  Rep.  692.     §864 — Adams  vs.  City 
Modesto,  131  Cal.  501,  502,  63  Pac.  Rep.  1083. 
§865 — Rice  vs.  Board  Trustees,  107  Cal.   398, 
400,  40  Pac.  Rep.  551.     §  869 — Town  Mill  Val- 
ley   vs.    House,    142    Cal.    698,    700,    76    Pac. 
Rep.   658.     §  870 — Johnson  vs.  Goodyear  Min. 
Co.,    127    Cal.    4,    16,    17,    78   Am.    St.    Rep.    17, 
59  Pac.  Rep.   304,  47  L.  R.  A.   338;  Pasadena 
vs.    Stimson,    91    Cal.    238,    248,    27    Pac.    Rep. 
604.      §  871 — Town   Dixon  vs.   Mayes,   72   Cal. 
166,    167,    13    Pac.    Rep.    471;    Carpenter    vs. 
Shinners,  108  Cal.  359,  360,  41  Pac.  Rep.  473. 
§  882 — Town    Haywards    vs.     Pimental,     107 
Cal.   386,   387,   40  Pac.  Rep.   545. 

Same  —  Statute  generally.  —  San  DIepro 
Charter — People  vs.  Gunn,  85  Cal.  238,  243, 
24  Pac.  Rep.  718.  Street  Imp.  S.  F. — Thoma- 
son  vs.  Ashworth,  73  Cal.  73,  85,  14  Pac. 
Rep.  615.  Laundry,  Modesto — In  re  Hang 
Kle,  69  Cal.  149,  151,  10  Pac.  Rep.  327.  Ex- 
clusion— People  vs.  City  Coronado,  100  Cal. 
571,  573,  35  Pac.  Rep.  162.  Charter- City 
Stockton  vs.  Western  F.  &  M.  Ins.  Co.,  73 
Cal.  621,  622,  15  Pac.  Rep.  314.  Polioe 
Courts— People    vs.    Henshaw,    76    Cal.    436, 


451,    18    Pac.    Rep.    413.      Board    Education^ 

Kennedy  vs.  Miller,  97  Cal.  429,  434,  32  Pac. 
Rep.  558.  School  Department — In  re  Wet- 
more,  99  Cal.  146,  150,  33  Pac.  Rep.  769.  Jus- 
tice's Court — Milner  vs.  Reibenstein,  85  Cal. 
593,  595,  24  Pac.  Rep.  935.  Chapter  VII — 
Bishop  vs.  Superior  Court,  87  Cal.  226,  229, 
25  Pac.  Rep.  435.  Fifth  Class— Ex  parte 
Green,  94  Cal.  387,  389,  29  Pac.  Rep.  783. 
Officer — White  vs.  City  Alameda,  124  Cal. 
95,  97,  56  Pac.  Rep.  795.  San  Francisco — 
Popper  vs.  Broderick,  123  Cal.  456,  460,  56 
Pac.  Rep.  53.  Fees — Rauer  vs.  Williams, 
118  Cal.  401,  403,  50  Pac.  Rep.  691.  Winter 
Rates — Morton  vs.  Broderick,  118  Cal.  474, 
487,  50  Pac.  Rep.  644.  Dlsincorporation — 
Mintzer  vs.  Schilling,  117  Cal.  361,  49  Pac. 
Rep.  209.  Sixth  Class— Ex  parte  Roach,  104 
Cal.   272,   274,   37  Pac.  Rep.   1044. 

Stats.    1885,    127,    ch.     CXXXVIII,     §  862 

In  re  Lawrence,  69  Cal.  608,  610,  11  Pac.  Rep. 
217;  Redondo  Beach  vs.  Cate,  136  Cal.  146, 
148,   68  Pac.  Rep.   586. 

Stats.  1889,  371,  ch.  CCLI  (Sixth  Class). — 
§§  1,  2 — People  ex  rel.  Boardman  vs.  Town 
Linden,  107  Cal.  94,  98,  40  Pac.  Rep.  115. 
§2 — Borchard  vs.  Supervisors,  144  Cal.  10, 
14,  77  Pac.  Rep.  708.  §  3 — Law  vs.  San 
Francisco,  144  Cal.  384,  393,  77  Pac.  Rep. 
1014.  §870— City  Pasadena  vs.  Stimson,  91 
Cal.  238,  256,  27  Pac.  Rep.  604.  Light- 
Hammond  vs.  City  San  Leandro,  135  Cal. 
450,   67  Pac.   Rep.   092. 

Stats.  1891.  28,  ch.  XLIII. — §  795 — Chico 
High  School  Board  vs.  Supervisors,  118  Cal. 
115,  121,  50  Pac.  Rep.  275.  §  795— Board  Ed- 
ucation vs.  Board  Trustees,  129  Cal.  599, 
602,  603,  62  Pac.  Rep.   173. 

Stats.  1891,  54,  ch.  LVIII,  §  777. — Electric 
L.  Co.  vs.  San  Bernardino,  100  Cal.  348,  351, 
34  Pac.  Rep.   819. 

Stats.  1891,  196,  ch.  CXLVII. — §  9— Hor- 
nung  vs.  McCarthy,  126  Cal.  17,  23,  58  Pac. 
Rep.  303.  §  34 — Frenna  vs.  Sunnyside  L. 
Co.,  124  Cal.  437,  438,  57  Pac.  Rep.  302. 

Same — Statute  generally.  —  Porphyry  P. 
Co.  vs.  Ancker,  104  Cal.  340,  341,  37  Pac. 
Rep.  1050;  Hellman  vs.  Shoulters.  114  Cal. 
153,  44  Pac.  Rep.  915,  45  Pac.  Rep.  1057; 
Sievers  vs.  San  Francisco,  115  Cal.  648,  652, 
56  Am.  St.  Rep.  153,  47  Pac.  Rep.  687;  Ferine 
Cont.  etc.  Co.  vs.  Pasadena,  116  Cal.  6,  8, 
47  Pac.  Rep.  777;  Witter  vs.  Bachman,  117 
Cal.  318,  319,  49  Pac.  Rep.  202;  San  Diego 
L  Co.  vs.  Shaw.  129  Cal.  273,  274,  61  Pac. 
Rep.  1082;  Duncan  vs.  Ramish,  142  Cal. 
686,  691,  76  Pac.  Rep.  661;  Town  Mill  Valley 
vs.  House,  142  Cal.  698,  700,  76  Pac.  Rep.  658. 
Stats.  1891,  233,  CLXIII,  §  862,  subd.  11. — 
City  San  Pedro  vs.  Southern  Pac.  R.  Co.. 
101  Cal.  333,  335,  35  Pac.  Rep.  993. 

Stats.  1S91,  461,  ch.  CXXLIV. — Hellman 
vs.  Shoulters,  114  Cal.  136,  154,  44  Pac.  Rep. 
915,  45  Pac.  Rep.  1057;  Witter  vs.  Mission 
School  Dist.,  121  Cal.  350,  351,  66  Am.  at. 
Rep.   33,    53   Pac.   Rep.    905. 

Stats.  1893,  33,  ch.  XXI. — Porphyry  P.  Co. 
vs.  Ancker,  104  Cal.  340,  341,  37  Pac.  Rep. 
1050;  Los  Angeles  L.  Co.  vs.  Los  Angeles, 
106  Cal.  156,  158,  39  Pac.  Rep.  535;  Ramish 
vs.  Hartwell,  126  Cal.  443,  444,  58  Pac.  Rep. 
920.  §2— O'Dea  vs.  Mitchell,  144  Cal.  374, 
379,  77  Pac.  Rep.  1020.     §§4,  5 — German  Sav. 


MUNICIPAL    CORPORATIONS— PARTICULAR    CORPORATIONS. 


&  L.  Soc.  vs.  Ramish,  138  Cal.  120,  124,  125, 
69  Pac.  Rep.  89,  70  Pac.  Rep.  1067. 

Stats.  1S93,  89,  ch.  LIXXIX,  §§  38,  39.— 
German  Sav.  &  L.  Soc.  vs.  Ramish,  138 
Cal.  120,  126-129,  69  Pac.  Rep.  89,  70  Pac. 
Rep.  1067. 

Same  —  Generally.  —  Duncan  vs.  Ramish, 
142  Cal.  686,  693,  76  Pac.  Rep.  661;  Town 
Mill  Valley  vs.  House,  142  Cal.  698,  700,  76 
Pac.  Rep.  658;  O'Dea  vs.  Mitchell,  144  Cal. 
374,  382,   383,   77  Pac.   Rep.   1020. 

Stats.  1893,  172,  ch.  CXLIV. — Fletcher  vs. 
Prather,  102  Cal.  413,  417,  36  Pac.  Rep.  658. 
§  2 — Town  Mill  Valley  vs.  House,  142  Cal. 
698,  700,  76  Pac.  Rep.   658. 

Stats.  1897,  175,  ch.  CXV,  §  862. — Redondo 
Beach  vs.  Cate,  136  Cal.  146,  148,  68  Pac. 
Rep.  5S6. 

Stats.  1901,  656,  ch.  CCXVIII,  §764. — Ex 
parte  Pfirrmann,  134  Cal.  143,  149,  66  Pac. 
Rep.    205. 

As  to  Municipal  Affairs,  see  People  ex 
rel.  Lawlor  vs.  "Williamson,  135  Cal.  415, 
67  Pac.  Rep.  504;  Weaver  vs.  Reddy,  135 
Cal.  430,  67  Pac.  Rep.  683. 

See  tit.  Police  Courts. 

As  to  issue  of  bonds  by,  special  statutes 
are  omitted   here. 

As  to  plumbing,  drainage,  etc.,  see  tit. 
Health — Public. 

As  to  various  matters  pertaining  to 
municipal  corporations,  see  tits.  Bicycles — 
License;  Bonds;  Gifts  and  Donations;  High 
Schools;  Holidays;  Hours  of  Labor;  Libra- 
ries; Lodging-Houses;  Police  Courts;  Pros- 
titution; Public  Buildings;  Public  Service; 
Public  Tl'ork;  Railroads  —  Street;  Street 
Law;  ToTvnsites  —  Public  Lands;  Trees  and 
Hedges;  AVages. 

Hospitals. — It  is  believed  that  the  statute 
of  1897,  9,  ch.  XIII,  relating  to  cities  of  the 
first  class,  is  controlled  by  San  Francisco 
charter    (Stats.    1899,    241,   5  3,   art.  X,    343). 

PARTICULAR    TOWNS    AND    CITIES. 

[There  are  certain  laws  of  a  public  nature 
affecting  some  of  the  municipalities  for 
vsrhlch  consult  the  general  index.  Instance: 
"Oakland  —  grant  of  salt-marsh  and  tide 
lands" — is  given  in  full  under  the  general 
title  Oakland.] 

Alameda. — Incorporated  under  general  law 
of  1883,  in  1884,  fifth  class. 

Alhambra. — Incorporated  under  general 
law  of  1883,  in  1903,  sixth  class. 

Alturas. — Name  changed  from  Norris 
Bridge,  Stats.  1876,  513. 

Alviso. — Incorporated,  Stats.  1852,  222; 
lands  conveyed  to,  Stats.  1862,  73. 

Anaheim.  —  Incorporated  under  general 
law  of  1883,  In  1888,  sixth  class. 

Antioch. — Incorporated  under  general  law 
of  1883,  in  1890,  sixth  class. 

Arcadia. — Incorporated  under  general  law 
of  1883,  in  1903,  sixth  class. 

Areata.  —  Incorporated  as  Union,  Stats. 
1858,  7;  name  changed  to  Areata,  Stats.  1860, 
109;   charter  amended.   Stats.   1874,   280. 

Auburn. — Incorporated  under  general  law 
of  IPS."?,  in  18SR,  sixth  class;  removal  of 
cemetery,    establishing   park.  Stats.  1895, 109. 

Azusa. — Incorporated  under  general  law 
of  1883,  In  1898,  sixth  class. 


Bal{:ersfield. — Incorporated  under  general 
law  of  1883,  in  1898,  fifth  class. 

Belvedere. — Incorporated  under  general 
law  of  1883,   in   1896,   sixth  class. 

Benicia. — Granting  certain  lands  to,  Stats. 
■1855,  239;  to  settle  land  titles  in.  Stats. 
1865-6,  107;  to  purchase  public  square, 
Stats.  1874,  708;  Incorporated  under  general 
law  of  1883,  in  1886,  sixth  class.  As  to  land 
grant  of  1855,  see  Shirley  vs.  City  Benicia, 
118  Cal.   344,   50  Pac.  Rep.   404. 

Berlceley. — Freeholder  charter,  Stats.  1895, 
409;  justice's  court  for,  see  list  of  Unconsti- 
tutional Statutes. 

Biggs. — Incorporated  under  general  law  of 
1883,  in  1903,  sixth  class. 

Bishop. — Incorporated  under  general  law 
of  18S3,  in  1903,  sixth  class. 

Black  Diamond. — Incorporated  under  gen- 
eral law  of  1883,  in  1903,  sixth  cmsM. 

Boulder  Creek. — Incorporated  under  gen- 
eral law  of  1883,  in  1902,  sixth  class. 

Brooklyn. — Incorporated,  Stats.  1869-70, 
680;   1872,   409. 

Calistoga. — Incorporated  under  general 
law  of   1883,   in   1886,   sixth   class. 

Chico. — Incorporated  under  general  law  of 
1883,   in   1895,  fifth  class. 

Cloverdale. — Incorporated  under  general 
law  of  1883,  in  1888,  sixth  class. 

Coloma.- — Incorporated,   Stats.    1858,    207. 

Colton. — Incorporated  under  general  law 
of  1883,  in  1887,  sixth  class. 

Colusa. — Reincorporated,  Stats.  1876,  669; 
bridge  at,  over  Sacramento  River,  Stats. 
1877-8,   241. 

Compton. — Incorporated  under  general 
law  of  1883,  in  1888,  sixth  class. 

Concord. — Incorporated  under  general  law 
of  1883,  in  1905,  sixth  class. 

Corona. — Incorporated  under  general  law 
of  1883,  in  1896,  sixth  class. 

Coronado. — Incorporated  under  general 
law  of  1883,  in  1890,  sixth  class. 

Covina. — Incorporated  under  general  law 
of  1883,  in  1901,  sixth  class. 

Crescent  City.  —  Townsite  grant.  Stats. 
1859,  24;  1860.  279;  1862,  226;  water  front 
ceded  to.  Stats.  1867-8.  335;  1869-70,  131;  in- 
corporated under  general  law  of  1883,  in 
1885,   sixth   class. 

Dixon. — Incorporated  under  general  law 
of  1883,  in  1884,  sixth  class. 

Dovrnieville. — Statutes  of  Incorporation 
repealed.  Stats.  1901,  276. 

El  Monte. — Name  of  Lexington  changed 
to.  Stats.  1876,  850. 

Elsinore. — Incorporated  under  general  law 
of  1883,   in   1891,   sixth  class. 

Emeryville. — Incorporated  under  general 
law  of  1883,  in  1896,  sixth  class. 

Escandido. — Incorporated  under  general 
law  of  1883,  in  1888,  sixth  class. 

Etna. — Name  Rough  and  Ready  changed 
to.  Stats.  1874,  346;  incorporated  under  gen- 
eral  law  of   1883,   in   1904,   sixth   class. 

Eureka,  City.  —  Water  front  ceded  to. 
Stats.  1857,  76;  freeholder  charter.  Stats. 
1895.  355. 

Fairfield. — Incorporated  under  general  law 
of  1883,  in  1903,  sixth  class. 

Felton. — Incorporated,   Stats.   1878,   185. 


MUNICIPAL    CORPORATIONS — PARTICULAR    CORPORATIONS, 


013 


Femdale.  —  Incorporated  under  general 
law  of  1883,  in  1893,  sixth  class. 

Fort  Brags. — Incorporated  under  general 
law  of  1883,  in  1889,  sixth  class. 

Fort  Jones. — Incorporated  under  general 
law  of  1883,  in  1904,  sixth  class. 

Fresno. — Freeholder  charter,  Stats.  1901, 
832. 

Fullerton.- — Incorporated  under  general 
law  of  1883,  in  1904,  sixth  class. 

GUroy. — Incorporated,  Stats.  1870,  263; 
1872,  356;  1876,  742. 

Grass  Valley.— Freeholder  charter,  Stata. 
1893,   628. 

Hanford. — Incorporated  under  general  law 
of  1883,  in  1891,  sixth  class. 

Haywards. — Incorporated  under  general 
law  of  1883,  in  1892,  sixth  class. 

Healdsburg'. — Incorporated  under  general 
law  of  1883,  in  1883,  sixth  class. 

Hercules. — Incorporated  under  general  law 
of  1883,  in  1900,  sixth  class. 

Holllster. — Incorporated  under  general 
law  of  1883,  in  1901,  sixth  class. 

HollyiTood. — Incorporated  under  general 
law  of  1883,  in  1903,  sixth  class. 

Hornltos. — Incorporated,  Stats.  1861,  118; 
1867-8,   195;  1869-70,  471. 

Imperial. — Incorporated  under  general  law 
of  1883,  in  1904,  sixth  class. 

Kelseyvllle. — Incorporated  under  general 
law  of  1883,  in  1888,  sixth  class. 

Kern. — Incorporated  under  general  law  of 
1883,   in   1893,   sixth  class. 

Lakeport. — Incorporated  under  general 
law  of  1883,  in  1888,  sixth  class. 

Lenioore. — Incorporated  under  general  law 
of  1883,  in  1900,  sixth  class. 

Lexington. — El  Monte,  name  changed. 
Stats.   1875-6,   854. 

Lincoln. — Incorporated  under  general  law 
of  1883,  in  1890.  sixth  class. 

Linden. — Incorporated  under  general  law 
of  1883,  in  1893,  sixth  class. 

Livermore. — Incorporated  under  general 
law  of  1883,  in  1900,  sixth  class. 

Lodi. — Mokelumne,  changed  to.  Stats.  1874, 
690. 

Lompoc. — Incorporated  under  general  law 
of  1883,  in  1888,  sixth  class. 

Long:  Beach. — Incorporated  under  general 
law   of   1883,   in   1897,   sixth   class. 

Los  Angeles  City. — First  charter,  Stata. 
1850,  155;  freeholder  charter.  Stats.  1889, 
455;  1903,  555;  library  established.  Stats. 
1874,  374.  "Water  history,  see  Los  Angeles 
vs.  Pomeroy,  124  Cal.  597,  57  Pac.  Rep.  585; 
125  Cal.  420,  58  Pac.  Rep.  69;  132  Cal.  340, 
64  Pac.  Rep.  477;  133  Cal.  529,  65  Pac.  Rep. 
1049.  Funded  debt,  see  TABLE  OF  STAT- 
UTES  HELD   UNCONSTITUTIONAL. 

Los  Gatos. — Incorporated  under  general 
law  of  1S83,  in  1887,  sixth  class. 

Loyalton. — Incorporated  under  general 
law  of  1883,  in  1901,  sixth  class. 

MarkleevlIIe. — Incorporated,  Stats.  1863-4, 
441. 

Martinez.  —  Incorporated  under  general 
law  of  1883,  in   1884,   sixth  class. 

Marysville. — Conveyance    of    state    reform 
school    property    to.    Stats.    1872.    825;    levee, 
Stats.  1876,  131;  police  court,  see  TABLE  OF 
Gen.   Laws — 58 


UNCONSTITUTIONAL    STATUTES;    reincor- 
poration of.  Stats.   1876,  149;  1878,  593. 

Mayfleld. — Incorporated  under  general  law 
of  1883,   in  1903,  sixth  class. 

Meadow  Lake. — Incorporated,  Stats.  1866, 
372. 

Menlo  Park.  —  Incorporation  repealed. 
Stats.    1876,   400. 

Merced  City. — Incorporated  under  general 
law  of  1883,  in  1889,   sixth  class. 

31111  Valley. — Incorporated  under  general 
law  of  1883,  in  1900,  sixth  class. 

Modesto. — Incorporated  under  general  law 
of  1883,  in  1884,  sixth  class. 

Mokelumne  (San  Joaquin  County). — Name 
changed  to  Lodi,  Stats.  1874,  690. 

Mokelumne  Hill  (Calaveras  County)). — 
Fire  limits  established,   Stats.  1872,   626. 

Monrovia. — Incorporated  under  general 
law   of  1883.   in   1887,   sixth   class. 

Monterey,  City  of. — Former  incorporation 
acts  repealed.  Stats.  1889,  227;  incorporated 
under  general  law  of  1883,  in  1889,  sixth 
class. 

Mountain  Vievr. — Incorporated  under  gen- 
eral law  of  1883,  In  1902,  sixth  class. 

Napa  City. — Freeholder  charter,  Stats. 
1893,   641. 

National  City. — Incorporated  under  gen- 
eral law  of  1883,  In  1887,  sixth  class. 

Nevada  City. — Incorporated,  Stats.  1878, 
221. 

Ne-w  Republic. — Name  changed  to  Santa 
Rita.  Stats.  1873-4.   823. 

Oakland. — Freeholder  charter.  Stats.  1889, 
513;  1895,  353;  use  of  plaza  for  county 
buildings,  Stats.  1874,  58;  grant  of  marsh 
lands  to.  Stats.  1874,  132;  canal  for  Oakland 
harbor.  Stats.  1876,  862;  1878,  113. 

Ocean  Park, — Incorporated  under  general 
law  of  1883,  in  1904,  sixth  class. 

Oceanside. — Incorporated  under  general 
law  of  1883,   in   1888,   sixth  class. 

Oleta. — Name  Fiddleton  changed  to.  Stats. 
1878,   109. 

Ontario. — Incorporated  under  general  law 
of  1883,  in  1891,  sixth  class. 

Orange. — Incorporated  under  general  law 
of  1883,  in  1888,  sixth  class. 

Oroville. — A  charter  of  1857  was  repealed. 
Stats.  1859,  32;  to  prohibit  hogs  running  at 
large.  Stats.  1872,  510;  fire  department  and 
water  supply,  Stats.  1878,  796. 

Oxnard. — Incorporated  under  general  law 
Of  1S83,  In  1903,  sixth  class. 

Pacific  Grove.— Incorporated  under  gen- 
eral law  of  1883,  in  1883,  sixth  class. 

Palo  Alto. — Incorporated  under  general 
law  of  1883,  In  1894,  sixth  class. 

Pasadena.  —  Freeholder  charter,  Stats. 
1901,   885. 

Paso  de  Robles. — Incorporated  under  gen- 
eral law  of  1883,  in  1889,  sixth  class. 

Petalnnia.  —  Incorporated  under  general 
law  of  1883,  In  1884,  fifth  class. 

Pinole. — Incorporated  under  general  law 
of   1883,   In   1903.   sixth   class. 

Placervilie. — Townsite.  Stats.  1874,  754; 
raceway.  Stats.  1876,  805;  acted  for  a  num- 
ber of  years  under  Stats.  1885,  136,  through 
a  commission;  incorporated  under  general 
law  of  1883,  in  1903,  sixth  class. 


014 


MUNICIPAL.    CORPORATIONS— PARTICULAR    CORPORATIONS. 


Pleasanton. — Incorporated  under  general 
law  of  1883,  in  1894,  sixth  class. 

Pomona. — Incorporated  under  general  law 
of  1883,  in  1888,  fifth  class. 

Porterville. — Incorporated  under  general 
law  of  1SS3,  in  1902,  sixth  class. 

Potter  Valley. — Incorporated  under  gen- 
eral law  of  1883,  in  1890,  sixth  class. 

Red  Bluff. — Incorporated  under  general 
law  of  1883,  in  1895,  sixth  class. 

Recldlng. — Incorporated  under  general  law 
of  1883,  in  1887,  sixth  class. 

Redlands.  —  Incorporated  under  general 
law  of  1883,  In  1888,  sixth  class. 

Redondo  Beach. — Incorporated  under  gen- 
eral law  of  1883,  in  1892,  sixth  class. 

Redwood  City. — Incorporated  under  gen- 
eral law  of  1883,  in  1897,  sixth  class. 

Rio  Vista.  —  Incorporated  under  general 
law  of  1883,  in  1894,  sixth  class. 

Riverside. — Incorporated  under  general 
law  of  1883,  in  1885,  sixth  class. 

Rocklin. — Incorporated  under  general  law 
of  1883,  in  1893,  sixth  class. 

Sacramento  City.  —  Freeholder  charter. 
Stats.   1893,  545. 

Salinas  City. — Freeholder  charter,  Stats. 
1903,   599. 

San  Bernardino.  —  Freeholder  charter, 
Stats.  1905,  940;  grant  to  of  state  interest 
in  lands,  Stats.  1872,  363;  transcribing  of 
records  of.  Stats.  1876,  853. 

San  Buenaventura.  —  Incorporated,  Stats. 
1876,   534;   1878,   537. 

San  Diego. — Pueblo  lands,  deeds  to  con- 
firmed. Stats.  1869-70,  409;  confirming  other 
conveyances.  Stats.  1872,  309;  1874,  85; 
granting  Masonic  Cemetery,  Stats.  1874,  40; 
to  convey  land  to  United  States,  Stats.  1876, 
154;  freeholder  charter,  Stats.  1889,  643. 

San  Francisco. — Water  front,  Stats.  1872, 
728;  1876,  905;  1878,  263;  1878,  417;  1880,  10; 
1880,  132;  1901,  627;  (railroads  on)  1889,  379, 
S88,  amending  1878  and  1880;  1891,  233; 
1895,  70.  194.  As  to  Stats.  1878,  417,  see  Ford 
vs.  Harbor  Commissioners,  81  Cal.  19,  29, 
22  Pac.  Rep.  278;  public  reservations  in. 
Stats.  1874,  333;  1878,  966;  revenue  system. 
Political  Code  applied  to.  Stats.  1872,  773; 
ferry  depot,  construction  of,  Stats.  1891, 
110;  freeholder  charter.  Stats.  1899,  241;  law 
library,  stats.   1869-70,  235;   1880,  194. 

San  Jacinto.— Incorporated  under  general 
law  of  1883,  in  1888,  sixth  class. 

San  Joeie. — Freeholder  charter.  Stats.  1897, 
592. 

San  Juan.  —  Incorporated  under  general 
law  of  1883,  In  1896,  sixth  class. 

San  Leandro. — Incorporated  under  general 
law  of  1883,  in  1892,  sixth  class. 

San  Luis  Obispo. — Incorporated  under 
general  law  of  1883,  in  1884,  sixth  class. 

San  Mateo. — Incorporated  under  general 
law  of  1883,  in  1894,  sixth  class. 

San  Pedro. — Incorporated  under  general 
law  of  1883,  in  1888  and  1905. 

San  Rafael. — Incorporated  under  general 
law  of  1883,  in  1889,  sixth  class. 

Santa  Ana.  —  Incorporated  under  general 
law  of  1883,  in  1888,  fifth  class. 

Santa  Barbara. — Confirming  deed  to  plaza, 


Stats.  1872,  282;  same  to  cemetery.  Stats. 
1876,  572;  freeholder  charter.  Stats.  1899, 
448. 

Santa  Clara. — Authorized  to  take  certain 
lands.  Stats.  1872,  306;  authorized  to  convey 
public  square,  Stats.  1876,  569;  incorporated. 
Stats.   1872,   251;  1874,  591. 

Santa  Cruz.  —  Incorporated,  Stats.  1872, 
471;  1876,  169;  1878.  870. 

Santa  Monica. — Incorporated  under  gen- 
eral law  of  1883,  in  1886,  sixth  class;  in 
1902,  fifth  class. 

Santa  Paula. — Incorporated  under  general 
law  of  1883,  in  1901,  fifth  class;  1902,  sixth 
class. 

Santa  Rita. — Name  New  Republic  changed 
to.   Stats.   1874,   823. 

Santa  Rosa. — Freeholder  charter,  Stats. 
1905,   867. 

Sausallto.  —  Incorporated  under  general 
law  of  1883,  in  1893,  sixth  class. 

Sebastopol.  —  Incorporated  under  general 
law  of  1883,  in  1902,  sixth  class. 

Selma. — Incorporated  under  general  law 
of  1883,  in  1893,  sixth  class. 

Shasta.  —  To  prevent  hogs  running  at 
large.  Stats.  1872,  157;  but  see  Stats.  1875-6, 
644;  1878,  85;  and  see  tit.  Estrays;  convey- 
ance of  townsite  lots,  Stats.   1868,  74. 

Sonoma.  —  Commissioners  to  sell  land. 
Stats.  1872,  239;  1878,  633;  validating  acts 
of  commissioners.  Stats.  1881,  25;  incor- 
porated under  general  law  of  1883,  in  1883, 
sixth  class. 

Sonora. — Incorporated  under  general  law 
of  1883,  in  1890,  sixth  class. 

South  Pasadena. — Incorporated  under  gen- 
eral law  of  1883,  in  1888,  sixth  class;  an- 
nexation   of   territory,    certificate   filed    1889. 

Stockton. — Confirming  deed,  exchange  of 
land.  Stats.  1877-8,  201;  purchase  of  hos- 
pital farm.  Stats.  1877-8.  922;  maintain  open 
canal.  Stats.  1887.  109;  freeholder  charter. 
Stats.   1889,   577. 

St.  Helena. — Incorporated  under  general 
law  of  1883,  in  1889,  sixth  class. 

Suisun. — Incorporated  under  general  law 
Of  1883,  in  1884,  sixth  class. 

Susanville.  —  Incorporated  under  general 
law  of  1883,  In   1900,   sixth  class. 

Sutter  Creek. — Incorporated,  Stats.  1874, 
887;    1876,   40. 

Tulare  City. — Incorporated  under  general 
law  of  1883,  in  1888,  fifth  class. 

Ukiah. — Incorporated  under  general  law 
of  1883,  in  1886,  sixth  class. 

Union. — Settling  land  titles,  Stats.  1853, 
151.     See  Areata. 

Vacaville.  —  Incorporated  under  general 
law  of  1883,  in  1892.  sixth  class. 

Vallejo. — Freeholder  charter.  Stats.  1899, 
870. 

Visalia. — Confirming  titles  to  town  lots. 
Stats.  1878.  363;  incorporated  under  general 
law  of  1883,  in  1900,  fifth  class. 

Watsonville.  —  Freeholder  charter.  Stats. 
1903. 

WTieatlnnd. — Incorporated  under  general 
law  of   1883,  in  1891.   sixth  class. 

"W'hittier.  —  Incorporated  under  geneial 
law  of  1883,  in  1898,  sixth  class. 


MUNICIPAL     CORPORATIOjVS— CEMETERIES— CENSUS.  915 

WilUts. — Incorporated   under   general   law  WMutors. — Incorporated  under  general  law 

of  1883,  in  1888,  sixth  class.  of  1883,  in  1898,  sixth  class. 

Willows. — Incorporated  under  general  law  AVoodlnnd.  —  Incorporated    under    general 

of   1883,   in   1886,   sixth  class.  law   of   1883,  in   1890,   fifth   class. 

Wilmington.  —  Incorporated,     Stats.     1872,  Yreka. — Incorporated    under    general    law 

108,   446;  repealed  Stats.  1887,  108.     See  San  of  1883,  in  1888,  sixth  class. 

Pedro.  Yuba  City. — Incorporated,  Stats.  1878,  785. 

MUNICIPAL    CORPORATIONS— CEMETERIES. 

Authorizing  municipalities  of  less  than  the  first  class  to  obtain,  by  purchase, 
donation,  or  devise,  lands  for  cemetery  purposes;  and  authorizing  the 
board  of  trustees  of  said  municipalities  to  make  all  necessary  rules  and 
regulations  for  the  government  and  disposition  of  the  same. 

(Stats.  1899,  22,  ch.  XXI.) 

§  1.  Cities  and  towns  of  less  than  the  first  class  are  hereby  authorized  to 
purchase,  or  receive  by  donation  or  devise  and  dispose  of,  all  and  any  necessary 
property  for  cemetery  purposes. 

§  2.  The  board  of  trustees  or  other  governing  body  of  said  municipalities 
shall  make  all  necessary  rules  and  regulations  for  the  government,  embellish- 
ment, and  disposition  of  the  same. 

§  3.  The  boards  of  trustees  or  other  governing  body  of  said  municipalities 
shall,  by  ordinance,  prescribe  the  method  and  conditions  by  which  burial  lots 
may  be  sold  in  said  cemetery,  and  may  authorize  any  officer  of  the  municipality 
to  execute  conveyances  in  behalf  of  said  municipality,  subject  to  the  restric- 
tions that  may  be  deemed  proper. 

§  4.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  5.     This  act  shall  take  effect  immediately. 

See  tit.   Cemeteries. 

MUNICIPAL    CORPORATIONS— CENSUS. 

To  authorize  any  city  or  city  and  county  of  this  state  to  take  its  census. 
(Stats.  1897,  28,  ch.  XXX.) 

§  1.  The  council,  or  other  legislative  body  of  any  city  in  this  state,  and  the 
board  of  supervisors,  or  other  legislative  body  of  any  city  and  county  of  this 
state,  is  hereby  authorized,  whenever  said  council,  board  of  supervisors,  or 
other  legislative  body,  may  deem  it  necessary,  between  the  years  of  taking  the 
federal  census,  to  take  the  census  of  such  city,  or  city  and  county,  in  the  manner 
prescribed  by  section  two  of  this  act. 

§  2.  Said  council,  board  of  supervisors,  or  other  legislative  body  of  any 
city,  or  city  and  county  of  this  state  electing  to  take  a  census,  as  in  this  act 
provided  for,  shall  pass  a  resolution  of  intention  declaring  its  intention  to 
cause  such  census  to  be  taken  by  one  or  more  suitable  persons  appointed  there- 
for by  such  council,  board  of  supervisors,  or  other  legislative  body,  at  the 
expense  of  said  city  or  cities  desiring  such  census  taken,  and  such  census  shall, 
by  such  persons  so  appointed,  be  taken  of  all  the  inhabitants  of  such  city,  or  city 
and  county,  and  in  said  census  the  full  name  of  each  person  shall  be  plainly 
written  and  the  names  alphabetically  arranged  and  regularly  numbered  in  one 


9ia  MUNICIPAL    CORPORATIONS— ASSEMBLY    HALLS— VOTE. 

complete  series,  and  when  completed  shall  be  verified  before  any  officer  author- 
ized to  administer  oaths,  and  be  filed  with  the  clerk  of  such  city,  or  city  and 
county. 

§  3.  A  certified  copy  of  such  census  shall  be  pr?pared  by  said  clerk  after 
being  so  filed,  and  shall  be  filed  by  him  with  the  secretary  of  state  for  this  state, 
and  thereupon  the  same  shall  be  known  and  be  the  official  state  census  of  said 
city,  or  city  and  county. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

In   re  Mitchell,    120   Cal.    384,    385,    52   Pac.Rep.   799. 

MUNICIPAL  CORPORATIONS— ASSEMBLY  HALLS. 

Authorizing  cities,  towns,  and  municipal  corporations  to  establish  and  maintain 
public  assembly  or  convention  halls,  and  to  incur  indebtedness  for  such 
improvements. 

(Stats.  1903,  412,  ch.  CCLXXXVI.) 

§  1.  Any  city,  town,  or  municipal  corporation  in  this  state  may  acquire,  by 
purchase,  condemnation,  or  otherwise,  all  necessary  land  whereon  to  construct, 
and  may  construct  and  maintain  thereon,  a  public  assembly  or  convention  hall, 
and  may  incur  indebtedness,  as  hereinafter  provided,  to  pay  the  cost  of  such 
improvement. 

§  2.  Whenever  the  legislative  body  of  any  city,  town,  or  municipal  corpora- 
tion shall,  by  resolution  passed  by  a  vote  of  a  majority  of  its  members,  deter- 
mine that  the  public  interest  or  necessity  demands  the  acquisition  of  the 
necessary  land  whereon  to  construct,  and  the  construction  or  completion 
thereon,  of  a  public  assembly  or  convention  hall,  the  cost  of  which  will  be  too 
great  to  be  paid  out  of  the  ordinary  annual  income  and  revenue  of  the  munici- 
pality, it  may,  at  any  subsequent  meeting  of  such  body,  by  an  ordinance,  passed 
by  a  vote  of  two  thirds  of  all  its  members,  call  a  special  election,  and  submit 
to  the  qualified  voters  of  said  municipality,  the  proposition  of  incurring  a 
debt  for  the  purpose  set  forth  in  said  resolution.  The  ordinance  calling  such 
special  election  shall  recite  the  object  and  purpose  for  which  the  indebtedness 
is  proposed  to  be  incurred,  the  estimated  cost  of  the  proposed  improvement,  the 
amount  of  the  principal  of  the  indebtedness  to  be  incurred  therefor,  and  the 
rate  of  interest  to  be  paid  on  said  indebtedness ;  and  shall  fix  the  date  on  which 
such  special  election  will  be  held,  the  manner  of  holding  such  election,  and  of 
voting  for  or  against  such  proposition ;  and  in  all  other  particulars  not  recited 
in  said  ordinance,  such  election  shall  be  held  as  provided  by  law  for  holding 
municipal  elections  in  such  municipality.  Such  ordinance  shall  be  published 
once  a  day  for  a  period  of  five  days  in  a  daily  newspaper  published  in  said 
municipality,  or  once  a  week  for  three  successive  weeks  in  a  weekly  newspaper 
published  in  said  municipality.     No  other  notice  of  such  election  need  be  given. 

§  3.  It  shall  require  the  votes  of  two  thirds  of  all  the  voters  voting  at  such 
special  election  to  authorize  the  issuance  of  the  bonds  herein  provided  for. 

§  4.  No  city,  town,  or  municipal  corporation  shall  incur  an  indebtedness 
under  the  provisions  of  this  act,  which  together  with  all  other  indebtedness 
of  said  city,  town,  or  municipal  corporation,  shall,  in  the  aggregate,  exceed 


MUNICIPAL    CORPORATIONS— ASSEMBLY    HALL— BONDS.  017 

fifteen  per  centum  of  the  assessed  value  of  all  the  real  and  personal  property 
in  said  city,  town  or  municipal  corporation. 

§  5.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  issued,  sold, 
and  made  payable,  in  the  manner  and  form  prescribed  for  the  issue,  sale,  and 
payment  of  municipal  bonds,  by  an  act  entitled,  "An  act  authorizing  the 
incurring  of  indebtedness  by  cities,  towns,  and  municipal  corporations  for 
municipal  improvements,  and  regulating  the  acquisition,  construction,  or  com- 
pletion thereof, ' '  which  became  a  law,  under  the  provisions  of  the  constitution, 
without  the  governor's  approval,  February  twenty -five,  nineteen  hundred  and 
one. 

§  6.  The  proceeds  of  the  sale  of  bonds  issued  under  the  provisions  of  this  act 
shall  be  placed  in  the  municipal  treasury  to  the  credit  of  a  fund  to  be  known 
as  the  public  hall  fund,  and  shall  be  applied,  exclusively,  to  the  purpose  and 
object  mentioned  in  the  ordinance. 

§  7.  The  legislative  body  of  said  municipality  shall,  at  the  time  of  fixing  the 
general  tax  levy,  and  in  the  manner  for  such  general  tax  levy  provided,  levy 
and  collect,  annually,  each  year  until  said  bonds  are  paid,  a  tax  sufficient  to 
pay  the  annual  interest  and  the  part  of  the  principal  of  such  bonds,  that  shall 
become  due  before  the  time  for  fixing  the  next  general  tax  levy,  and  is  not  at 
the  time  of  fixing  such  annual  tax  levy,  otherwise  provided  for  by  funds  then 
in  the  treasury  and  set  apart  for  that  purpose.  The  taxes  herein  required  to 
be  levied  and  collected  shall  be  in  addition  to  all  other  taxes  levied  for  munici- 
pal purposes,  and  shall  be  collected  at  the  same  time,  and  in  the  same  manner 
as  other  municipal  taxes  are  collected,  and  be  used  for  no  other  purpose  than 
the  payment  of  said  bonds  and  accruing  interest. 

§  8.  All  moneys  derived  from  the  use  or  hire  of  such  assembly  or  convention 
hall  shall  be  deposited  in  the  treasury  of  the  municipality  to  the  credit  of 
said  public  hall  fund,  and  shall  be  applied,  exclusively,  to  the  following  pur- 
poses, to  wit : 

First — For  the  necessary  expenses  of  conducting,  maintaining,  and  insuring 
such  hall,  and  of  making  all  improvements  and  repairs  thereof. 

Second — For  the  payment  of  instalments  of  interest  or  principal  becoming 
due  on  said  bonds  until  the  whole  of  said  bonded  indebtedness  shall  have  been 
paid. 

Third — Any  surplus  remaining  after  providing  for  the  purposes,  first  and 
second  above  specified,  may  be  appropriated  and  used  for  general  municipal 
purposes. 

§  9.  The  legislative  body  of  any  city,  town,  or  municipal  corporation  where- 
in bonds  have  been  issued  for  the  construction  or  completion  of  a  public  assem- 
bly or  convention  hall,  under  the  provisions  of  this  act,  shall  have  the  power 
to  appoint  and  employ  all  needful  architects,  engineers,  superintendents,  and 
agents,  to  prepare  plans  for  the  construction  or  completion  of  such  public 
assembly  or  convention  hall,  and  to  superintend  such  work.  All  contracts  for 
the  construction  or  completion  of  such  public  assembly  or  convention  hall,  or 
for  the  furnishing  of  labor  or  materials  therefor,  shall  be  let  to  the  lowest 
responsible  bidder.  The  legislative  body  of  the  municipality  shall  advertise 
for  at  least  ten  days  in  one  or  more  newspapers  published  in  such  municipality, 


918  MUNICIPAL,    CORPORATIONS— BONDS— OUTSTANDING    INDEBTEDNESS.'        ^ 

inviting  sealed  proposals  for  the  construction  or  completion  of  said  improve" 
ment,  or  for  the  furnishing  of  labor  and  materials  therefor  before  any  contracts 
shall  be  made.  The  said  legislative  body  shall  have  the  right  to  require  from 
the  successful  bidder  such  bonds  as  they  may  deem  best  to  insure  the  faithful 
performance  of  his  contract.  They  shall  also  have  the  right  to  reject  any  and 
all  bids.  Said  legislative  body  shall  have  power  to  appoint  such  officers,  or 
agents,  and  to  make  and  enforce  such  rules  and  regulations  as  may  be  necessary 
for  the  management,  control,  letting,  and  use  of  such  public  assembly  or  con- 
vention hall;  provided,  however,  that  in  cities,  towns,  or  municipal  corpora- 
tions, operating  under  a  charter,  heretofore  or  hereafter  framed  under  section 
eight  of  article  eleven  of  the  constitution,  and  providing  for  a  board  of  public 
works,  all  matters  and  things  required  in  this  section  to  be  done  and  performed 
by  the  legislative  body  of  the  municipality,  shall  be  done  and  performed  by 
said  board  of  public  works ;  provided,  further,  that  in  cities,  towns,  or  munici- 
pal corporations  not  having  such  board  of  public  works,  the  legislative  body 
may,  by  ordinance,  appoint  a  commission  to  select  the  site  for  said  hall,  to 
have  charge  and  supervision  of  its  construction,  and  to  manage  and  control 
the  letting  and  use  thereof,  and  may,  by  ordinance,  prescribe  and  regulate  the 
powers  and  duties  of  said  commission. 

§  10.     This  act  shall  take  effect  immediately. 

MUNICIPAL    CORPORATIONS— BONDS. 

Authorizing  the  common  council,  board  of  trustees,  or  other  governing  body  of 
any  incorporated  city  or  town  other  than  cities  of  the  first  class  to  refund 
its  indebtedness,  to  issue  bonds  therefor,  and  to  provide  for  the  payment 
of  the  same. 

(Stats.  1897,  75,  ch.  LXXXII;  amended  1901,  274,  ch.  CXIV.) 

§  1.  The  common  council,  board  of  trustees,  or  other  governing  body  of  any 
incorporated  city  or  town  other  than  cities  of  the  first  class  in  this  state,  having 
an  outstanding  indebtedness  evidenced  by  bonds  or  warrants  thereof,  or  by 
judgment  or  judgments  recovered  against  it  upon  bonds  or  warrants  originally 
issued  by  such  town  or  city,  is  empowered,  by  a  two-thirds  vote  of  its  number, 
to  fund  or  refund  the  said  indebtedness  and  issue  bonds  of  such  city  or  town 
therefor  in  sums  of  not  less  than  one  hundred  dollars  nor  more  than  one  thou- 
sand dollars  each,  and  having  not  more  than  forty  years  to  run,  and  bearing  a 
rate  of  interest  not  exceeding  six  per  centum  per  annum,  payable  semi- 
annually; provided,  that  no  indebtedness  shall  be  refunded  at  a  higher  rate  of 
interest  than  that  borne  by  the  original  debt.  Such  bonds  shall  be  of  the  char- 
acter known  as  "serials,"  not  less  than  one  fortieth  of  the  principal  being 
payable  each  year,  together  with  the  interest  due  on  all  sums  unpaid.  Prin- 
cipal and  interest  on  said  bonds  shall  be  payable  in  gold  coin  or  other  lawful 
money  of  the  United  States,  as  may  be  expressed  in  said  bonds,  at  the  office 
of  treasurer  of  said  city  or  town.  Said  bonds  shall  be  sold  in  the  manner 
provided  by  such  city  council  or  other  governing  body,  to  the  highest  bidder 
therefor,  for  not  less  than  their  face  value,  in  the  same  character  of  money  as 
that  in  which  they  are  payable.  The  proceeds  of  such  sale  shall  be  placed  in 
the  treasury  of  such  city  or  town  to  the  credit  of  the  "Funding  Fund,"  and 


MUNICIPAL    CORPORATIONS— BONDS,    REDEEMING— BOUNDARIES.  019 

shall  be  applied  only  to  refunding  the  indebtedness  for  which  said  bonds  are 
issued.  Said  trustees,  or  other  governing  body,  shall  at  the  time  for  fixing  the 
general  tax  levy  for  each  year  and  in  the  same  manner  as  such  tax  levy  is 
made,  levy  and  collect  sufficient  money  to  pay  such  part  of  the  principal  of 
said  bonds  issued  under  this  act,  as  one  year  bears  to  the  number  of  years  for 
vrhieh  the  bonds  are  to  run,  and  also  the  annual  interest  upon  the  sums  unpaid. 
[Amendment,  Stats.  1901,  274.] 

§  2.  Whenever  sufficient  money  is  in  the  funding  fund,  in  the  hands  of  the 
treasurer,  to  redeem  one  or  more  of  the  outstanding  bonds  proposed  to  be 
refunded,  he  shall  publish  once  a  week  for  two  weeks  in  some  newspaper  of 
general  circulation  published  in  such  city  or  town,  if  there  be  any,  a  notice 
to  the  effect  that  he  is  prepared  to  pay  such  bond  or  bonds  (giving  the  num- 
ber thereof),  and  if  the  same  are  not  presented  for  redemption  within  thirty 
days  after  the  first  publication  of  such  notice,  the  interest  on  such  bonds  will 
cease.  He  shall,  at  the  same  time,  deposit  in  the  post-office  a  copy  of  such 
notice,  inclosed  in  a  sealed  envelope,  with  the  postage  paid  thereon,  addressed 
to  the  owner  or  owners  of  such  bond  or  bonds,  at  the  post-office  address  of  such 
owner  or  owners,  as  shown  by  the  record  thereof  kept  in  the  treasurer's  office. 
If  such  bond  or  bonds  are  not  presented  within  the  time  specified  in  such  notice, 
the  interest  thereon  shall  then  cease,  and  the  amount  due  be  set  aside  for  the 
payment  of  the  same,  whenever  presented.  All  redemption  of  bonds  shall  be 
made  according  to  the  priority  in  the  order  of  their  issuance,  beginning  at  the 
first  number.  Whenever  such  outstanding  bonds  are  surrendered  and  paid, 
the  treasurer  shall  proceed  to  cancel  the  same  by  indorsing  on  the  face  thereof 
the  amount  for  which  they  are  received,  the  word  "Canceled"  and  the  date 
of  cancelation.  He  shall  also  keep  a  record  of  such  bonds  so  redeemed,  and 
shall  make  a  report  of  the  same  to  the  common  council,  or  other  governing 
body  of  such  -city  or  town,  at  least  once  a  month,  accompanying  the  same 
therewith  by  the  bonds  which  have  been  taken  up  and  canceled. 

§  3.  All  moneys  which  shall  remain  in  said  funding  fund  after  all  out- 
standing bonds  or  indebtedness  as  were  proposed  to  be  refunded  have  been 
taken  up  and  canceled,  shall  be  paid  into  the  general  fund  of  such  city  or  town, 
and  become  a  part  thereof.     [Amendment,  Stats.  1901,  274.] 

§  4.  Chapter  eighty-two  of  the  statutes  of  eighteen  hundred  and  eighty- 
three,  chapter  forty-eight  of  the  statutes  of  eighteen  hundred  and  ninety-three, 
and  chapter  one  hundred  and  seventy-six  of  the  statutes  of  eighteen  hundred 
and  ninety-five,  all  being  laws  of  the  state  of  California  in  conflict  herewith,  are 
hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  immediately  after  its  passage. 

It  Is  held  that  section   4   of  the  foreg-oing       geles  vs.  Hance,  122  Cal.  77,  78,  54  Pac.  Rep. 
act   did   not   repeal   section    6    of   the   Act   of       387. 
1889,   399,   oh.   CCLXI.— See  City  of  Los  An- 

MUNICIPAL   CORPORATIONS— BOUNDARIES. 

To  provide  for  the  alteration  of  the  boundaries  of  and  for  the  annexation  of 
territory  to  incorporated  towns  and  cities,  and  for  the  incorporation  of 
such  annexed  territory  in  and  as  a  part  of  such  municipalities,  and  for  the 
districting,  government,  and  municipal  control  of  annexed  territory. 

(Stats.  1889,  358,  ch.  CCXLVII;  amended  Stats.  1905,  551,  ch.  CDXI.) 


920  MUNICIPAL    CORPORATIONS — ANNEXATION — PETITION,    ETC. 

§  1.  The  boundaries  of  any  incorporated  town  or  city,  whether  heretofore 
or  hereafter  formed,  incorporated,  reincorporated,  organized,  or  reorganized, 
may  be  altered,  and  new  territory  annexed  thereto,  incorporated  and  included 
therein,  and  made  a  part  thereof,  upon  proceedings  being  had  and  taken  as  in 
this  act  provided.  The  council,  board  of  trustees,  or  other  legislative  body  of 
any  such  municipal  corporation,  upon  receiving  a  written  petition  therefor 
containing  a  description  of  the  new  territory  asked  to  be  annexed  to  such  cor- 
poration, and  signed  by  not  less  than  one  fifth  in  number  of  the  qualified  electors 
of  such  municipal  corporation,  computed  upon  the  number  of  votes  cast  at  the 
last  general  municipal  election  held  therein,  must,  without  delay,  submit  to  the 
electors  of  such  municipal  corporation  and  to  the  electors  residing  in 
the  territory  proposed  by  such  petition  to  be  annexed  to  such  corpora- 
tion, the  question  whether  such  new  territory  shall  be  annexed  to,  incor- 
porated in,  and  made  a  part  of  such  municipal  corporation.  Such  ques- 
tion shall  be  submitted  at  a  special  election  to  be  held  for  that  purpose, 
and  no  other;  and  such  legislative  body  is  hereby  empowered  to,  and  it  shall 
be  its  duty  to,  cause  notice  to  be  given  of  such  election  by  the  publication  of 
a  notice  thereof  in  a  newspaper  printed  and  published  in  such  municipal  cor- 
poration, and  also  in  a  newspaper,  if  any  such  there  be,  printed  and  published 
outside  of  such  corporation,  but  in  the  county  in  which  the  territory  so  pro- 
posed to  be  annexed  is  situated,  in  each  case  at  least  once  a  week  for  a  period 
of  four  successive  weeks  next  preceding  the  date  of  such  election.  Such  notice 
shall  distinctly  state  the  proposition  to  be  submitted,  i.  e.,  that  it  is  proposed 
to  annex  to,  incorporate  in,  and  make  a  part  of  such  municipal  corporation  the 
territory  sought  to  be  annexed,  specifically  describing  the  boundaries  thereof; 
and  in  said  notice  the  qualified  electors  of  said  municipal  corporation,  and  the 
qualified  electors  residing  in  said  territory  so  proposed  to  be  annexed,  shall  be 
invited  to  vote  upon  such  proposition  by  placing  upon  their  ballots  the  words 
"For  annexation"  or  "Against  annexation,"  or  words  equivalent  thereto. 
Such  legislative  body  is  hereby  empowered,  and  it  shall  be  its  duty,  to  estab- 
lish, and  in  such  notice  of  election  designate  the  voting  precinct  or  precincts, 
and  the  place  or  places  at  which  the  polls  will  be  opened  in  such  territory  so 
proposed  to  be  annexed,  and  also  in  such  municipal  corporation.  And  such 
place  or  places  shall  be  that  or  those  commonly  used  as  voting  places  within 
such  municipal  corporation,  and  also  that  or  those  commonly  used  within  such 
new  territory,  if  any  such  there  be.  Such  legislative  body  is  empowered  to,  and 
it  shall,  appoint  the  officers  of  such  election,  who  shall  be,  for  each  voting  place 
in  such  municipal  corporation,  and  for  such  voting  place  in  said  new  territory, 
two  judges  and  one  inspector,  each  of  whom  shall  be  a  qualified  elector  of  the 
voting  precinct  in  which  he  is  appointed  to  act  as  an  officer  of  such  election. 
The  ballots  used  at  such  election,  the  opening  and  closing  of  the  polls,  and  the 
holding  and  conducting  of  such  election,  shall  be  in  conformity,  as  far  as  may 
be,  with  the  general  laws  of  this  state  concerning  elections;  and  the  judges 
and  inspectors  of  such  election  shall  immediately  on  the  closing  of  the  polls, 
count  the  ballots,  make  up  and  certify  the  tally-sheets  of  the  ballots  cast  at  their 
respective  polling-places,  seal,  and  then  immediately  return  the  same  as  below 
provided,  doing  so,  as  nearly  as  practicable,  in  the  manner  provided  in  the  elec- 
tion laws  of  this  state;  but  the  ballots,  tally-sheets,  and  returns  shall  be  so 


MUNICIPAL    CORPORATIONS— ANNEXATION    OF    TERRITORY — WARDS.  021 

returned  to  and  deposited  with  the  clerk  of  such  legislative  body.  Such  legis- 
lative body  shall,  at  the  time  provided  for  its  regular  meeting  next  after  the 
expiration  of  three  days  from  and  after  the  date  of  said  election,  meet  and 
proceed  to  open  and  canvass  said  ballots,  tally-sheets,  and  returns ;  and  such 
canvass  shall  be  completed  at  such  meeting,  if  practicable,  and  in  any  event,  as 
soon  as  practicable,  avoiding  adjournment  or  adjournments,  if  possible,  until 
said  canvass  is  completed.  Such  canvass  by  such  legislative  body  shall  be  con- 
ducted and  completed  as  follows:  The  ballots  cast  in  such  outside  territory 
so  proposed  to  be  annexed,  together  with  the  tally-sheets  and  returns  belonging 
therewith,  shall  be  canvassed  separately;  and  the  ballots  cast  inside  of  said 
municipal  corporation,  together  with  their  tally-sheets  and  returns,  shall  be 
canvassed  separately.  Immediately  upon  the  completion  of  such  canvass  said 
legislative  body  shall  cause  a  record  thereof  to  be  made  and  entered  upon  its 
minutes,  showing  the  whole  number  of  ballots  cast  in  such  outside  territory, 
the  whole  number  of  ballots  cast  in  such  municipal  corporation,  the  number 
thereof  cast  in  each  in  favor  of  annexation,  and  the  number  thereof  cast  in  each 
against  annexation;  and  if  it  shall  appear  from  such  canvass  that  a  majority 
of  all  the  ballots  cast  in  such  outside  territory,  and  a  majority  of  all  the  ballots 
cast  inside  of  said  municipal  corporation,  are  in  favor  of  annexation,  the  clerk, 
or  other  officer  performing  the  duties  of  clerk,  of  such  legislative  body,  shall 
promptly  make  and  certify,  under  the  seal  of  said  municipal  corporation,  and 
transmit  to  the  secretary  of  state,  a  copy  of  said  record  so  entered  upon  said 
minutes,  together  with  a  statement  showing  the  date  of  said  election  and  the 
time  and  result  of  said  canvass,  which  document  shall  be  filed  by  the  secretary 
of  state  immediately  upon  the  receipt  thereof.  From  and  after  the  date  of  the 
filing  of  said  document  in  the  office  of  the  secretary  of  state,  the  annexation 
of  such  territory  so  proposed  to  be  annexed  shall  be  deemed  and  shall  be  com- 
plete, and  thenceforth  such  annexed  territory  shall  be,  to  all  intents  and  pur- 
poses, a  part  of  such  municipal  corporation,  except  only  that  no  property  with- 
in such  annexed  territory  shall  ever  be  taxed  to  pay  any  portion  of  any 
indebtedness  or  liability  of  such  municipal  corporation  contracted  prior  to  or 
existing  at  the  time  of  such  annexation.  No  territory  which,  at  the  time 
such  petition  for  such  proposed  annexation  is  presented  to  such  legislative 
body,  forms  any  part  of  any  incorporated  town  or  city,  shall  be  annexed  under 
the  provisions  of  this  act, 

§  2.  The  legislative  body  of  any  incorporated  town  or  city  which  is  or 
shall  be  divided  into  wards,  and  to  which  territory  has  been  heretofore  or  shall 
be  hereafter  annexed,  must  by  ordinance  either  so  alter  the  boundaries  of  the 
wards  of  such  municipal  corporation  as  to  include  such  annexed  territory  in 
one  or  more  wards  adjoining  such  annexed  territory,  or  make  of  such  annexed 
territory  one  or  more  additional  wards;  provided,  that  the  number  of  wards 
shall  not  be  so  increased  as  to  exceed  the  number  which  such  municipal  cor- 
poration may  according  to  law  have.  In  altering  the  boundaries  of  wards,  or 
creating  new  wards,  regard  must  be  had  to  the  number  of  inhabitants,  so  that 
each  ward  shall  contain,  as  near  as  may  be,  an  equal  number  of  inhabitants, 
exclusive  of  persons  incapable  of  citizenship  in  this  state. 

§  3.  Nothing  in  this  act  provided  for  shall  alter  or  affect  the  boundaries  of 
any  senatorial  or  assembly  district. 


923  MUNICIPAL,    CORPORATIONS— ANNEXATION    OF   TERRITORY — METHOD. 

§  4.  All  proper  expenses  of  proceedings  for  annexation  of  territory  under 
this  act,  whether  such  annexation  shall  be  made  and  completed  or  not,  shall  be 
paid  by  the  municipal  corporation  so  annexing  or  attempting  to  annex  such 
territory.  In  the  event  that  a  tax  for  road  purposes  has  been  levied  by  the 
board  of  supervisors  of  any  county  against  property  situate  in  territory  Avhich, 
subsequent  to  such  levy,  is  annexed  by  any  town  or  city  under  the  provisions 
of  this  act,  but  which,  at  the  time  of  such  annexation  has  not  been  collected, 
then  all  such  taxes  so  uncollected  shall  be  and  become  the  property  of  the  town 
or  city  to  which  such  territory  is  annexed,  and  same  shall,  with  other  county 
taxes,  be  collected  by  the  county  tax  collector,  and  by  him  paid  in  to  the  county 
treasurer  of  said  county,  after  which  the  same  shall,  by  the  county  treasurer, 
be  paid  to  such  town  or  city,  upon  proper  warrant  therefor.  The  town  or  city 
clerk,  or  other  officer  performing  the  duties  of  clerk  of  such  town  or  city,  shall, 
at  any  regular  meeting  of  the  board  of  supervisors  of  said  county,  present  and 
file  a  verified  claim  for  any  money  thus  due  such  town  or  city,  setting  forth 
the  fact  and  the  date  of  such  annexation,  and  the  amount  in  the  hands  of  said 
county  treasurer  so  due  such  town  or  city.  Said  claim  shall  be  audited  by  the 
board  of  supervisors  in  the  manner  in  which  other  claims  against  the  county 
are  audited,  and  if  the  amount  thereof  is  correct,  the  same  shall  be  allowed,  and 
the  county  auditor  instructed  to  draw  his  warrant  for  said  amount  against  the 
road  fund  of  the  district  in  which  such  annexed  territory  is  situated.  This 
law  shall  apply  to  all  such  taxes  not  paid  into  the  county  treasury  prior  to  the 
passage  of  this  act.     [Amendment,  Stats.  1905,  551.] 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  approval. 

stats.  1889,  358. — People  ex  rel.  Cuff  vs.  Education,  125  Cal.  593,  594,  58  Pac.  Rep. 
City  of  Oakland,  123  Cal.  598,  600,  56  Pac.  175;  People  ex  rel.  Skelton  vs.  Los  Angeles, 
Rep.   445;  Vernon   School  District  vs.   Board        133  Cal.  338,  340-344,  65  Pac.  Rep.  749. 

MUNICIPAL  CORPORATIONS— BOUNDARIES. 

To  provide  for  the  alteration  of  the  boundaries  of  incorporated  towns  and  cities 
by  annexation  of  uninhabited  territory  thereto,  and  for  the  incorporation  of 
such  annexed  territory  in  and  as  a  part  of  such  municipality,  and  for  the 
districting,  government,  and  municipal  control  of  annexed  territory. 

(Stats.  1899,  37,  ch.  XLI.) 

§  1.  The  boundaries  of  any  incorporated  town  or  city  may  be  altered  and 
new  uninhabited  territory  annexed  thereto,  incorporated,  and  included  therein, 
upon  proceedings  being  taken  as  in  this  act  provided.  The  legislative  body  of 
any  such  municipal  corporation,  upon  receiving  a  written  petition  therefor, 
containing  a  description  of  the  new  uninhabited  territory  asked  to  be  included 
in  such  corporation,  and  signed  by  not  less  than  one  tenth  in  number  of  the 
qualified  electors  of  such  municipal  corporation,  computed  upon  the  number 
of  votes  cast  at  the  last  general  municipal  election  held  therein,  must,  without 
delay,  notify  the  board  of  supervisors  of  the  county  in  which  said  town  or  cit3' 
is  located  of  the  fact  of  the  filing  of  such  petition.  Upon  the  receipt  of  such 
notification,  it  shall  be  the  duty  of  said  board  of  supervisors  to  cause  notice  to 
be  published  for  a  period  of  five  days,  setting  forth  by  general  description  the 
land  sought  to  be  annexed  to  the  said  municipality,  and  announcing  the  time 
and  place  when  and  where  objections  to  said  annexation  will  be  heard.     Any 


MUNICIPAL    CORPORATIONS — ANNEXATION    OF   TERRITORY— ELECTION.        92? 

person  owning  any  land  so  sought  to  be  annexed,  may  object  to  said  annexation 
by  filing  a  written  remonstrance  with  the  said  board  of  supervisors.  At  the 
time  specified  in  said  notice,  or  at  such  other  time  as  may  be  fixed  by  postpone- 
ment, the  said  board  of  supervisors  shall  hear  the  said  protestations,  and  unless 
the  remonstrances  are  filed  by  the  owners  of  any  single  tract  of  land  exceeding 
five  acres  in  area,  or  by  the  owners  of  more  than  one  half  of  the  land  sought 
to  be  annexed,  the  decision  of  said  board  of  supervisors  upon  said  protestations 
shall  be  final  and  conclusive.  In  the  event  that  the  owners  of  more  than  one 
half  of  the  land  so  sought  to  be  annexed,  or  the  owners  of  any  single  tract  of 
land  exceeding  five  acres  in  area,  file  remonstrances  against  such  annexation, 
said  protestations  shall  be  sustained  by  said  board  of  supervisors,  and  shall  be 
a  bar  to  any  further  proceedings  under  the  provisions  of  this  act  for  the  period 
of  one  year.  In  the  event  that  there  are  no  protestations  filed,  or,  if  filed,  if 
the  same  are  overruled  by  said  board  of  supervisors,  and  the  said  board  shall, 
by  resolution,  consent  to  the  annexation  of  said  new  uninhabited  territory  by 
the  municipality,  it  shall  then  be  the  duty  of  the  legislative  branch  of  said 
municipality  to  submit  to  the  electors  of  such  municipality  the  question  whether 
or  not  said  new  territory  shall  be  annexed  to,  and  incorporated  in,  and  made 
a  part  of,  such  municipal  corporation.  Such  question  shall  be  submitted  at 
a  special  election  to  be  held  for  that  purpose,  or  at  any  municipal  election. 
Notice  of  said  election  shall  be  published  in  a  newspaper,  printed  in  such  city 
or  town,  at  least  once  a  week  for  a  period  of  two  weeks  next  preceding  such 
election.  Said  notice  shall  state  that  it  is  proposed  to  incorporate  the  terri- 
tory sought  to  be  annexed  as  a  part  of  sueh  municipal  corporation,  and  invite 
the  electors  of  said  city  or  town  to  vote  upon  such  proposition,  by  marking  their 
ballots  "For  annexation,"  or  "Against  annexation."  In  said  notice,  the  ter- 
ritory sought  to  be  annexed  may  be  generally  described  in  such  manner  as  to 
apprise  the  voters  of  the  particular  land  sought  to  be  annexed.  Said  legis- 
lative body  is  hereby  empowered,  and  it  shall  be  its  duty  to  establish,  and  in 
such  notice  of  election  designate  the  voting  precinct  or  precincts,  and  the  place 
or  places  at  which  the  polls  will  be  opened  in  said  city  or  town,  and  said  elective 
body  is  empowered  to  appoint  the  officers  of  such  election,  who  shall  be  for 
each  voting  place  at  least  two  judges  and  one  inspector,  each  of  whom  shall 
be  a  qualified  elector  of  said  city.  The  judges  and  inspectors  of  such  election 
shall,  immediately  upon  the  closing  of  the  polls,  count  the  ballots,  make  up 
and  certify  the  returns  of  the  ballots  cast  at  their  respective  polling  places  as 
quickly  as  practicable,  in  the  manner  provided  in  the  laws  of  this  state,  and 
deposit  all  said  returns  with  the  clerk  of  said  city  or  town.  Said  legislative 
body  shall,  at  the  time  provided  for  its  regular  meeting  next  after  the  said 
returns  are  filed  with  the  said  clerk  of  said  city  or  town,  meet  and  proceed  to 
open  and  canvass  said  returns,  and  immediately  upon  the  completion  of  such 
canvass  cause  a  report  thereof  to  be  made  and  entered  upon  its  minutes,  show- 
ing the  whole  number  of  votes  cast,  and  the  number  east  in  favor  of  annexation, 
and  the  number  cast  against  annexation;  and  if  it  shall  appear  from  such  can- 
vass that  a  majority  of  all  the  votes  cast  is  in  favor  of  annexation,  the  clerk  or 
other  officer  performing  the  duties  of  the  clerk  of  such  legislative  body  shall 
make  and  certify,  under  the  seal  of  said  municipal  corporation,  and  transmit 
to  the  secretary  of  state,  and  to  the  board  of  supervisors  of  the  county  in  which 


»24  MUNICIPAl.  CORPORATIONS — ANNEXATION   OF  TERRITORY — EXPENSE. 

said  city  or  town  is  located,  a  copy  of  said  report  so  entered  upon  its  minutes, 
together  with  a  statement  showing  the  date  of  said  election,  and  the  time  and 
result  of  said  canvass,  which  document  shall  be  filed  by  the  secretary  of  state 
and  the  clerk  of  said  board  of  supervisors.  From  and  after  the  date  of  the 
filing  of  said  document  in  the  office  of  the  secretary  of  state,  the  annexation  of 
such  territory  so  proposed  to  be  annexed  shall  be  deemed  and  shall  be  com- 
plete, and  thenceforth  such  annexed  territory  shall  be  a  part  of  such  municipal 
corporation  for  all  intents  and  purposes,  except  only  that  no  part  of  such 
annexed  territory  shall  ever  be  taxed  to  pay  any  portion  of  any  indebtedness 
or  liability  of  such  municipal  corporation  contracted  prior  to  or  existing  at  the 
time  of  such  annexation.  No  territory  which  at  the  time  the  said  petition  for 
proposed  annexation  is  presented  to  said  legislative  body  forms  any  part  of 
any  incorporated  city  or  town  shall  be  included  under  the  provisions  of  this 
act. 

§  2.  The  legislative  body  of  any  incorporated  city  or  town  which  is  or  shall 
be  divided  into  wards,  and  which  territory  has  been  heretofore  or  shall  be  here- 
after annexed,  must  by  ordinance  so  alter  the  boundaries  of  the  wards  of  said 
municipal  corporation  as  to  include  such  annexed  territory,  in  one  or  more 
wards  adjoining  such  annexed  territory,  or  may  form  such  annexed  territory 
into  one  or  more  additional  wards;  provided,  that  the  number  of  wards  shall 
not  be  so  increased  as  to  exceed  the  number  which  said  municipal  corporation 
may,  according  to  law,  have. 

§  3.  Nothing  in  this  act  provided  for  shall  alter  or  affect  the  boundaries  of 
any  senatorial  or  assembly  district. 

§  4.  All  proper  expenses  of  proceedings  for  annexation  of  territory  under 
this  act,  whether  such  annexation  shall  be  made  and  completed  or  not,  shall 
be  paid  by  the  municipal  corporation  so  annexing  or  attempting  to  annex  such 
territory. 

§  5.  Nothing  in  this  act  shall  be  deemed  to  repeal  the  provisions  of  any  act 
now  providing  for  the  annexation  of  inhabited  territory,  but  territory  shall 
be  deemed  uninhabited,  for  the  purposes  of  this  act,  unless  the  occupants  are 
bona  fide  residents  thereof. 

§  6,     This  act  shall  take  effect  and  be  in  force  from  and  after  its  approval. 

MUNICIPAL   CORPORATIONS— BOUNDARIES. 

To  amend  section  one  of  an  act  entitled  an  act  to  provide  for  changing  the 
boundaries  of  cities  and  municipal  corporations,  and  to  exclude  territory 
therefrom,  approved  March  twentieth,  eighteen  hundred  and  eighty-nine. 

(Stats.  1889,  433,  ch.  CCLXXX;  amended  Stats.  1905,  715,  ch.  DLL) 

§  1.  The  boundaries  of  any  city  or  municipal  corporation  may  be  altered, 
and  territory  excluded  therefrom,  after  proceeding  had,  as  required  in  this 
section.  The  council,  board  of  trustees,  or  other  legislative  body  of  such  cor- 
poration, shall,  upon  receiving  a  petition  therefor,  signed  by  not  less  than  a 
majority  of  the  qualified  electors  thereof,  as  shown  by  the  vote  cast  at  the  last 
municipal  election  held  therein,  submit  to  the  electors  of  such  corporation  the 


MUNICIPAL.    CORPORATIONS — EXCLUDING    TERRITORY— PROCEDURE:.  925 

question  whether  such  territory  as  is  proposed  by  such  petition  shall  be  ex- 
cluded from  such  municipal  corporation  and  cease  to  be  a  part  thereof.  Such 
question  shall  be  submitted  at  a  special  election  to  be  held  for  that  purpose, 
and  such  legislative  body  shall  give  notice  thereof  by  publication  in  a  news- 
paper printed  and  published  in  such  corporation  for  a  period  of  four  weeks 
prior  to  such  election.  Such  notice  shall  distinctly  state  the  proposition  to  be 
so  submitted,  and  shall  designate  specifically  the  boundaries  of  the  territory  so 
proposed  to  be  excluded.  And  the  electors  shall  be  invited  therebj^  to  vote 
upon  such  proposition  by  placing  upon  their  ballots  the  words  "For  exclusion" 
or  "Against  exclusion,"  or  words  equivalent  thereto ;  such  legislative  body  shall 
also  designate  the  place  or  places  at  which  the  polls  will  be  opened  in  such 
territory  so  proposed  to  be  excluded,  which  place  or  places  shall  be  that  or 
those  usually  used  for  that  purpose  within  such  territory,  if  any  such  there  be, 
and  for  the  purposes  of  this  act,  the  qualified  electors  residing  in  the  territory 
proposed  to  be  excluded  shall  be  entitled  to  vote  at  the  polls  in  such  territory, 
and  not  elsewhere.  Such  legislative  body  shall  also  appoint  and  designate  in 
such  notice  the  names  of  the  officers  of  election.  Such  legislative  body  shall 
meet  on  the  Monday  next  succeeding  the  day  of  such  election,  and  proceed  to 
canvass  the  votes  cast  thereat.  The  votes  cast  in  such  territory  so  proposed  to 
be  excluded  shall  be  canvassed  separately,  and  if  it  shall  appear  on  such  can- 
vass that  a  majority  of  all  the  votes  cast  in  such  territor}^  and  a  majority  of 
all  the  votes  in  such  corporation,  shall  be  for  exclusion,  such  legislative  body 
shall,  by  an  order  entered  upon  their  minutes,  cause  their  clerk,  or  other  officer 
performing  the  duties  of  clerk,  to  make  and  transmit  to  the  secretary  of  state 
a  certified  abstract  of  such  vote,  which  abstract  shall  show  the  whole  number 
of  electors  voting  in  such  territory,  the  whole  number  of  electors  voting  in  such 
corporation  exclusive  of  such  territory,  the  number  of  votes  cast  in  each  for 
exclusion,  and  the  whole  number  of  votes  cast  in  each  against  exclusion.  From 
and  after  the  date  of  filing  such  abstract,  such  exclusion  of  territory  from  such 
municipal  corporation  shall  be  deemed  complete,  and  thereafter  such  territory 
shall  cease  to  be  a  part  of  such  municipal  corporation ;  provided,  that  nothing 
contained  in  this  act  shall  be  held  to  relieve  in  any  manner  whatsoever  any  part 
of  such  territory  from  any  liability  for  any  debt  contracted  by  such  municipal 
corporation  prior  to  such  exclusion ;  and  provided  further,  that  such  municipal 
corporation  is  hereby  authorized  to  levy  and  collect  from  any  territory  so 
excluded,  from  time  to  time,  such  sums  of  money  as  shall  be  found  due  from  it 
on  account  of  its  just  proportion  of  liability  for  any  payment  on  the  principal  or 
interest  of  such  debts.  Such  assessment  and  collection  shall  be  made  in  the  same 
manner  and  at  the  same  time  that  such  assessment  and  collection  is  levied  and 
made  upon  the  property  of  such  municipal  corporation  for  any  payment  on 
account  of  such  debts;  and  provided  further,  that  any  such  territory  so 
excluded  from  any  municipal  corporation  may  at  any  time  tender  to  the  legis- 
lative body  of  such  municipal  corporation  the  amount  for  which  such  territory 
is  liable  on  account  of  such  debts,  and  after  such  tender  is  made,  such  authority 
as  is  herein  given  to  such  municipal  corporation  to  levy  and  assess  taxes  on 
such  excluded  territory  shall  cease;  provided,  however,  that  after  an  election 
shall  have  been  held  for  the  exclusion  of  any  portion  of  a  municipal  corporation 
if  the  vote  shall  be  against  exclusion,  no  election  for  the  exclusion  of  the  same 


026  MUNICIPAL    CORPORATIONS— CONDEMNING    LANDS     FOR     BUILDINGS. 

territory  shall  again  be  held  within  three  years  from  the  date  of  such  former 
election. 

§  2.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

People  ex  rel.  Miller  vs.  Common  Council,  statute  requires  a  "majority,"  and  the  pres- 

85  Cal.  369,  370,  24  Pac.  Rep.  727;  Wiedwald  ent    statute    repeals    all    acts    and    parts    of 

vs.    Dodson,    05    Cal.    450,    452,    30    Pac.    Rep.  acts   in   conflict   therewith. 

580;    Johnson    vs.    City    of    San    Diego,    109  The   decisions   citing   the    statute    of    1889, 

Cal.    468,    473,    42    Pac.    Rep.    249,    30    L.    R.  356,   are,   however,   given  as   follows: 

A.  178;  People  ex  rel.  Cuff  vs.  City  of  Oak-  Stats.    1889,    356. — §§2,    3 — People    ex    rel. 

land,    123   Cal.    598,    605,    56   Pac.   Rep.    445.  Miller  vs.   Common  Council,  85  Cal.  369,  370, 

The  amendiiieut  of  1905  apparently  super-  24   Pac.   Rep.    727;   Wiedwald   vs.   Dodson,    95 

sedes     the      former      statute.      The      statute  Cal.   450,   452,   30  Pac.   Rep.   580.    Generally — 

of    1889,    356,    ch.    XXXLVI,    on    this    subject  Johnson  vs.  City  of  San  Diego,  109  Cal.  468, 

is    doubtless    repealed   also    by    this    statute.  473,  42  Pac.  Rep.  249,  30  L.  R.  A.  178;  People 

Under  the  statute  of  1889,   356,   the  petition  ex    rel.    Cuff    vs.    City    of    Oakland,    123    Cal. 

need  only  be  signed  by  "not  less  than  one  598,  605,  56  Pac.  Rep.  445. 
fifth"  of  the  qualified  electors.     The  present 

MUNICIPAL  CORPORATIONS— BUILDINGS. 

Conferring  power  upon  the  common  council,  board  of  supervisors,  or  other 
governing  body  of  cities,  or  cities  and  counties,  of  over  one  hundred  thou- 
sand inhabitants,  to  acquire  or  condemn  land  for  a  suitable  site,  and  erect 
thereon  a  suitable  building  or  buildings  for  municipal  purposes. 

(Stats.  1895,  242,  ch.  CXCVIII;  amended  1897,  50,  ch.  LV.) 

§  1.  Power  and  authority  is  hereby  conferred  upon  the  common  council, 
board  of  supervisors,  or  other  governing  body  of  every  city,  or  city  and  county, 
in  this  state  having  a  population  of  over  one  hundred  thousand  inhabitants,  to 
provide  for  the  erection  and  construction  in  such  city,  or  city  and  county,  and 
at  the  expense  of  the  same,  such  additional  or  other  municipal  building  or 
buildings  as  the  common  council,  board  of  supervisors,  or  other  governing 
body  of  such  city,  or  city  and  county,  may  determine  upon  for  the  accommoda- 
tion of  the  criminal  department  of  the  superior  court,  police  courts,  police  sta- 
tions, prisons,  morgues,  or  coroner's  offices  of  such  city,  or  city  and  county,  and 
for  such  other  municipal  uses  as  may  be  deemed  necessary, 

§  2.  In  the  event  that  the  common  council,  board  of  supervisors,  or  other 
governing  body  of  such  city,  or  city  and  county,  shall  deem  it  expedient,  and  in 
their  judgment  that  the  public  good  requires  the  construction  of  such  building 
or  buildings,  for  the  construction  of  which  power  is  conferred  upon  them  by 
section  one  of  this  act,  in  the  manner  and  mode  prescribed  by  this  act,  they  are 
hereby  authorized  and  empowered  to  express  such  judgment  by  resolution  or 
order,  in  such  manner  as  they  may  deem  proper.  And  for  the  purpose  of 
raising  the  money  necessary  to  complete  said  building  or  buildings,  the  said 
common  council,  board  of  supervisors,  or  other  governing  body  of  such  city, 
or  city  and  county,  is  hereby  authorized  and  empowered  to  levy  and  collect, 
in  the  same  manner  and  at  the  same  time  as  other  taxes  are  levied  and  collected 
in  such  city,  or  city  and  county,  for  municipal  purposes,  an  ad  valorem  prop- 
erty tax  on  real  and  personal  property,  which  shall  not  in  the  aggregate  exceed 
the  sum  of  three  hundred  thousand  dollars,  which  sum  shall  cover  all  the 
expense  of  the  said  building  or  buildings. 

§  3.     As  a  site  for  the  erection  and  construction  of  said  building  or  buildings. 


MUNICIPAL    CORPORATIONS — PUBLIC    BUILDING    FUND.  987 

power  is  hereby  conferred  upon  the  common  council,  board  of  supervisors,  or 
other  governing  body  of  such  city,  or  city  and  county,  to  acquire  by  purchase, 
or  to  condemn  and  acquire  under  the  laws  of  eminent  domain,  such  land  as 
may  be  necessary  therefor. 

§  4.  The  money  arising  from  the  tax  hereby  authorized  to  be  levied  and 
collected  shall  be  kept  by  the  city,  city  and  county  treasury  of  such  city,  or 
city  and  county  in  a  fund  to  be  known  as  the  "Public  Building  Fund,"  and 
out  of  which  said  fund  all  claims  for  work,  labor,  and  materials  used  in  the 
construction  of  said  building,  and  all  other  expenses  authorized  to  be  incurred 
under  the  provisions  of  this  act,  shall  be  paid.  All  claims  against  the  said  fund 
shall  be  allowed  by  the  common  council,  board  of  supervisors,  or  other  govern- 
ing body  of  such  city,  or  city  and  county,  by  resolution  entered  upon  the 
minutes  in  the  same  manner  and  form  as  other  expenditures  are  authorized, 
before  the  auditor  shall  be  authorized  to  audit  the  same ;  and  in  no  case  shall 
any  portion  of  said  fund  be  used  or  expended  for  any  other  purpose  than  those 
herein  indicated,  nor  shall  any  part  of  the  cost  of  the  construction  of  said 
building  be  paid  out  of  any  other  or  different  fund;  nor  shall  any  lien  for 
work,  labor,  or  material  at  any  time  attach  to  the  said  building  or  buildings, 
nor  the  land  upon  which  the  same  is  located  in  any  manner  whatever. 

§  5.  When  work  is  to  be  done  upon  said  building  or  buildings,  or 
materials  to  be  furnished,  it  shall  be  the  duty  of  the  common  council,  board  of 
supervisors,  or  other  governing  body  of  such  city,  or  city  and  county,  to  adver- 
tise for  at  least  ten  days  in  a  daily  newspaper  published  and  circulated  in 
such  city,  or  city  and  county,  for  sealed  proposals  for  doing  both  said  work 
and  furnishing  said  material.  The  said  work  and  material  shall  be  of  the  best 
quality.  The  advertisement  shall  contain  a  general  description  of  the  work 
to  be  done  and  the  materials  to  be  furnished,  the  time  within  which  the  same 
is  to  be  done  or  furnished,  and  may  refer  to  plans  and  specifications  for  such 
other  details  as  may  be  necessary  to  give  a  correct  understanding  regarding 
the  work  or  materials.  The  advertisement  shall  also  state  the  day  and  an  hour 
of  said  day  within  which  bids  will  be  received.  At  the  hour  and  day  stated  in 
the  advertisement,  the  said  board  or  body  shall  proceed  to  open  the  bids  in  the 
presence  of  the  bidders,  and  an  abstract  of  each  shall  be  recorded  in  the  minutes 
by  the  clerk.  A  day  and  hour  shall  then  be  fixed  for  considering  the  bids  and 
awarding  the  contract.  An  abstract  of  said  bids,  showing  the  name  of  each 
bidder,  the  price  at  which  work,  labor,  and  materials  are  offered  to  be  done  or 
furnished  by  each,  and  such  other  things  as  may  be  necessary  to  show  or 
explain  the  offer,  shall  be  made  by  the  clerk  and  published  for  five  days  in  a 
daily  newspaper  of  general  circulation  published  in  such  city,  or  city  and 
county.  At  the  expiration  of  five  days  after  the  first  publication  of  the 
abstract,  on  the  day  and  at  the  hour  fixed  by  said  board  or  body,  said  board 
or  body  shall  proceed  to  consider  the  several  bids  and  award  the  contract  for 
doing  the  work  and  supplying  the  material  for  which  proposals  are  invited, 
and  for  none  other,  to  the  lowest  bidder  who  shall  furnish  sufficient  sureties 
to  guarantee  the  performance  of  the  contract;  provided,  the  advertisement 
hereinbefore  provided  for,  shall  invite  proposals  and  bids,  in  one  total  sum  or 
amount,  for  the  performance  of  all  the  work  and  the  furnishing  of  all  the 
materials  called  for  in  the  said  advertisement  for  the  erection  of  the  entire 


»28  MUMCIPAL.   CORPORATIONS— ERECTING    PUBLIC    BUILDINGS. 

building  or  buildings.  Said  board  or  body  shall  have  the  right  to  reject  any 
or  all  bids,  when  in  their  judgment  the  public  interests  may  be  thereby  pro- 
moted. Such  contract  shall  be  executed  on  behalf  of  such  city,  or  city  and 
county,  by  the  mayor,  or  president  of  the  common  council,  board  of  super- 
visors, or  other  governing  body  of  such  city,  or  city  and  county.  No  change 
in  the  plans  or  specifications  shall  be  made  after  proposals  for  doing  work 
and  furnishing  materials  have  been  called  for,  nor  shall  any  contractor  be 
allowed  a  claim  for  work  done  or  materials  furnished  in  excess  of  his  contract, 
except  on  the  approval  of  said  common  council,  board  of  supervisors,  or  other 
governing  body  of  cities,  or  cities  and  counties;  provided,  that  the  aggregate 
cost  of  any  change,  or  changes,  shall  not  exceed  the  sum  of  three  thousand 
dollars.  All  contracts  shall  be  in  writing,  and  shall  be  carefully  drawn 
by  the  city  attorney,  [or]  city  and  county  attorney,  or  other  law  officer  of 
such  city,  or  city  and  county,  and  shall  contain  detailed  specifications  of  the 
work  to  be  done,  the  manner  in  which  the  same  shall  be  executed,  the  quality 
of  the  material,  and  the  time  within  which  the  same  shall  be  completed ;  and 
such  penalty  for  the  non-performance  of  such  contract  as  said  board  or  body 
may  deem  just  and  reasonable.  All  contracts  shall  be  signed  in  triplicate — 
Dne  copy  of  which,  with  the  plans  and  specifications  of  the  work  to  be  done, 
shall  be  filed  with  the  clerk  or  secretary  of  said  board  or  body,  and  shall 
at  all  times,  in  office  hours,  be  open  to  the  inspection  of  the  public ;  one,  with 
the  plans  and  specifications,  shall  be  kept  in  the  office  of  said  board  or  body, 
and  the  other  copy,  with  plans  and  specifications,  shall  be  delivered  to  the  con- 
tractor.    [Amendment,  Stats.  1897,  50.] 

§  6.  The  common  council,  board  of  supervisors,  or  other  governing  body  of 
such  city,  or  city  and  county,  may  make  payments  on  such  contract  from  time 
to  time,  as  work  progresses  or  materials  are  furnished;  but  until  the  contract 
is  completed,  at  no  time  shall  the  payments  exceed  seventy-five  per  centum  of 
the  value  of  the  labor  or  materials  furnished. 

§  7.  The  plans  and  specifications  herein  referred  to  shall  be  secured  by  said 
board  or  body  after  the  publication  for  ten  days  in  a  daily  newspaper  of  gen- 
eral circulation  in  such  city,  or  city  and  county,  of  a  resolution  inviting  the 
submission  of  competitive  plans  and  specifications  for  said  building  or  build- 
ings. Said  resolution  shall  contain  a  general  statement  of  the  purposes  for 
which  said  building  or  buildings  are  to  be  used,  the  cost  thereof,  and  the  char- 
acter of  the  design  required.  Said  plans  and  specifications  may  be"  submitted 
to  such  board  or  body  under  such  requirements  and  conditions,  and  at  such 
time  as  said  board  or  body  may  prescribe. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

MUNICIPAL  CORPORATIONS— OVER  TEN  THOUSAND— COURTS. 

Providing  that  in  all  cities  of  over  ten  thousand  inhabitants,  the  mayor,  or 
other  chief  executive,  shall  not  be  required  to  act  as  city  judge,  or  ex 
officio  judge  of  the  city  court,  or  as  justice  of  the  peace ;  to  provide  for  the 
abolishment  of  such  city  court,  and  for  the  transfer  of  the  business  and 
properties  of  said  city  court  to  the  justice  of  the  peace  of  such  cities,  and 
to  require  such  justice  to  finish  such  business,  and  to  repeal  all  special 
acts  in  conflict  herewith. 

(Stats.  1887,  51,  ch.  XXXIX.) 


MUNICIPAIi     CORPORATIO]VS— COURTS— DISINCORPORATION.  029 

§  1.  In  cities  of  over  ten  thousand  inhabitants,  the  mayor,  or  other  chief 
executive  thereof,  shall  not  be  required  to  act  as  justice  of  the  peace,  or  to  hold 
a  city  court,  or  to  act  as  ex  officio  city  judge,  or  to  perform  any  of  the  duties  of 
judge  of  the  city  courts ;  and  all  city  courts  created  by  law  to  be  held  by  such 
mayor,  or  other  chief  executive  of  such  cities,  are  hereby  abolished. 

§  2.  All  books,  dockets,  files,  documents,  papers,  and  properties  of  every 
kind  whatsoever  belonging  to  such  city  court,  shall  be  transferred  to  the  justice 
of  the  peace  of  said  city,  provided  for  by  law,  to  hold  the  police  court  of  such 
city,  or  if  there  be  no  such  police  court  therein,  then  to  such  justice  of  the 
peace  therein  as  may  be  designated  for  such  purpose  by  the  mayor  thereof; 
and  such  justice  of  the  peace  shall  have  jurisdiction  of  all  matters  heretofore 
brought  in  such  city  court,  or  of  which  said  city  court  had  jurisdiction;  and 
it  shall  be  his  duty  to  collect  all  fines  and  charges  required  by  law  to  be  col- 
lected by  such  city  court,  and  to  account  for  and  pay  the  same  over  to  the 
treasurer  of  said  city  in  the  same  manner,  and  at  the  same  times  and  under 
such  terms  and  conditions,  as  heretofore  required  of  and  by  said  city  court. 
Said  justice  of  the  peace  shall  complete  all  such  unfinished  business  as  may  be 
transferred  to  him  from  said  city  court  under  the  provisions  hereof,  in  the  same 
manner  as  heretofore  required  of  said  city  court. 

§  3.  The  provisions  of  all  acts  and  every  special  act  of  the  legislature  which 
conflict  in  any  wise  with  this  act  are  each  and  every  one  hereby  repealed. 

§  4.     This  act  shall  take  effect  and  be  in  force  at  once  after  its  passage. 

MUNICIPAL  CORPORATIONS— DISINCORPORATION. 

To  provide  for  the  ownership  of  property  and  the  winding  up  of  the  affairs  of 
municipal  corporations  disincorporated  under  the  provisions  of  an  act  of 
the  legislature  of  the  state  of  California,  entitled  "An  act  to  provide  for 
the  disincorporation  of  municipal  corporations  of  the  sixth  class," 
approved  March  twenty-sixth,  eighteen  hundred  and  ninety-five,  w^hen 
two  thirds  or  more  in  value  of  assessable  property  within  the  former  limits 
thereof  shall  be  included  within  the  boundaries  of  any  subsequently  incor- 
porated city  or  town. 

(Stats.  1899,  17,  ch.  XVIII.) 

§  1.  Any  city  or  town  heretofore  or  hereafter  incorporated  that,  at  the  time 
of  incorporation,  shall  embrace  within  the  corporate  limits  thereof  two  thirds 
or  more  in  value  of  assessable  property  formerly  contained  within  the  cor- 
porate boundaries  of  any  city  or  town  disincorporated  under  the  provisions 
of  an  act  of  the  legislature  of  the  state  of  California,  approved  March  twenty- 
sixth,  eighteen  hundred  and  ninety -five,  entitled  "An  act  to  provide  for  the 
disincorporation  of  municipal  corporations  of  the  sixth  class,"  shall  succeed  to 
and  become  the  owner  of  all  public  property  formerly  belonging  to  such  disin- 
corporated city  or  town;  and  also  to  such  proportion  of  the  corporate  debts, 
liabilities,  and  credits  due  or  owing  and  unpaid,  as  the  total  value  of  assess- 
able propertj^  of  such  former  city  or  town  lying  within  its  boundaries,  as  afore- 
said, shall  bear  to  the  total  value  of  all  assessable  property  situated  within  the 
former  limits  of  .said  municipal  corporation  so  disincorporated ;  such  valuation  to 
be  determined  by  the  assessment  roll  of  the  count}'-  in  which  such  city  or  town  is 

Gen.   Laws — 59 


930  MUNICIPAL   CORPORATIONS — DIS INCORPORATIONS — PROCEDURE    FOR. 

situated  for  the  fiscal  year  in  which  said  municipality  was  disincorporated; 
provided,  that  any  territory  contained  therein  that  was  not  included  within  the 
former  limits  of  said  disincorporated  municipality  shall  not  be  liable  to  be 
taxed  for  any  debt  or  liability  of  said  disincorporated  city  or  town. 

§  2.  The  board  of  supervisors  of  the  county  in  which  said  city  or  town  is 
situated  shall,  upon  written  request  of  the  board  of  trustees  or  other  legislative 
body  thereof,  forthwith  cause  the  county  auditor  to  prepare  a  statement  of  the 
total  valuation  of  assessable  property  in  said  disincorporated  municipality  and 
the  total  amount  thereof  contained  in  said  incorporated  city  or  town,  as  afore- 
said, and  said  auditor  shall  prepare  the  same  without  cost.  If  it  appears  from 
said  statement  that  two  thirds  or  more  in  value  of  said  assessable  property  is 
contained  within  the  boundaries  of  said  incorporated  city  or  town,  said  board 
of  supervisors  shall,  by  an  order  duly  entered  upon  their  minutes,  fix  the  rela- 
tive proportion  thereof,  which  proportion  so  fixed  shall  be  the  proportion  of 
the  debts  and  liabilities  of  said  disincorporated  municipality  for  which  said 
incorporated  city  or  town  shall  be  liable ;  and  shall  forward  a  certified  copy  of 
said  entry  to  the  secretary  of  state  and  also  to  the  city  clerk  of  said  incorpo- 
rated city  or  town,  and  forthwith  turn  over  to  the  board  of  trustees  or  other 
legislative  body  thereof,  all  public  property  taken  by  them  under  the  provisions 
of  said  act  providing  for  the  disincorporation  of  cities  of  the  sixth  class,  and 
such  proportion  of  all  moneys  in  the  special  fund  provided  for  in  said  act,  as 
said  incorporated  city  or  town  is  entitled  to,  estimated  as  in  the  case  of  debts 
and  liabilities,  as  aforesaid.  And  thereupon  the  ownership  and  title  to  all 
public  property  of  every  description  formerly  belonging  to  said  disincorporated 
municipality,  which  under  the  provisions  of  said  act  has  been  taken  possession 
of  by  the  board  of  supervisors  and  passed  into  the  control  of  the  county  or 
passed  into  the  ownership  and  possession  of  the  state  of  California  by  reason 
of  said  disincorporation,  shall  immediately  be  vested  in  said  incorporated  city 
or  town  as  fully  as  if  said  property  had  been  originally  acquired  by  it. 

§  3.  If  there  be  a  bonded  indebtedness  of  said  disincorporated  municipality 
existing  on  its  former  territory,  a  portion  of  which  is  included  in  said  city 
or  town  as  aforesaid,  the  board  of  trustees  or  other  legislative  body  of  such 
city  or  town  shall  make  provisions  to  pay  its  proportion  thereof,  estimated  as 
aforesaid,  in  the  same  manner  it  should  have  been  paid  had  said  city  or  town 
not  disincorporated ;  and  for  that  purpose  shall  annually  levy  and  collect,  at  the 
same  time  other  city  taxes  are  levied  and  collected,  a  special  tax  on  the  terri- 
tory of  said  disincorporated  municipality  within  the  limits  of  said  city  or 
town,  sufficient  to  pay  its  proportion  thereof  as  the  same  shall  become  due; 
and  the  board  of  supervisors  of  said  county  shall  annually  levy  and  collect,  at 
the  same  time  other  county  taxes  are  levied  and  collected,  a  special  tax  on 
the  remainder  of  said  territory  not  included  in  said  city  or  town,  sufficient  to 
pay  the  balance  thereof,  and  cause  the  same  to  be  paid  to  the  treasurer  of  said 
city  or  town,  and  it  shall  be  the  duty  of  said  city  treasurer  to  pay  said  bonded 
indebtedness  as  the  same  becomes  due  with  said  moneys  levied  and  collected 
as  aforesaid,  in  conformity  with  the  laws  under  which  such  indebtedness  was 
incurred. 

§  4.  Any  property  within  the  limits  of  said  disincorporated  city  or  town 
that  has  been  sold  for  any  tax  levied  by  such  disincorporated  municipality  may 


MUNICIPAL   CORPORATIONS — FISCAL  YEAR — FREEHOLDER    ELECTIONS.        931 

be  redeemed  or  a  tax  deed  issued  therefor,  in  the  same  manner  and  with  the 
same  effect  as  if  said  municipality  had  not  disincorporated.  Such  proceedings 
to  be  had  and  deed  issued  in  the  corporate  name  of  said  city  or  town  in  which 
said  land  is  situated. 

§  5.    All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  6.     This  act  shall  take  effect  immediately. 

MUNICIPAL    CORPORATIONS— FISCAL    YEAR. 

Providing  for  changing  the  fiscal  year  of  cities  in  this  state  operating  under  a 
charter  framed  under  section  eight,  article  eleven,  of  the  constitution. 

(Stats.  1895,  128,  ch.  CXXXIX.) 

§  1.  Any  city  or  municipal  corporation  within  this  state,  operating  under 
a  charter  framed  under  the  provisions  of  section  eight,  article  eleven,  of  the 
constitution,  may,  by  ordinance,  adopted  by  a  majority  of  all  the  members  of 
the  board  of  trustees,  common  council,  or  other  legislative  body  of  such  city 
or  municipal  corporation,  change  the  fiscal  year  of  such  city  or  municipal 
corporation  to  begin  at  any  other  time  than  that  fixed  by  such  charter;  and 
may  provide  sufficient  revenue  to  carry  on  the  business  of  the  city  or  mimicipal 
corporation  from  the  end  of  the  previous  fiscal  year  to  the  commencement 
of  the  fiscal  year  thus  fixed,  by  adding  to  the  first  tax  levy  made  for  the  new 
fiscal  year  a  sufficient  amount,  in  addition  to  the  limit  in  such  charter  provided, 
that  will  raise  enough  money  to  pay  claims  contracted  between  the  ending  of 
the  previous  fiscal  year  and  the  commencement  of  the  new  fiscal  year.  And 
may  also  provide  by  ordinance,  passed  in  the  same  manner,  the  time  for  mak- 
ing the  annual  tax  levy,  and  the  time  at  which  the  lien  thereof  shall  attach; 
and  may  change  the  time  or  times  designated  in  such  charter  for  making  the 
assessment,  demand  statements  of  property,  preparing  the  assessment  roll, 
equalizing  the  assessment,  and  all  other  matters  relating  to  the  assessment  and 
collection  of  municipal  taxes. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

MUNICIPAL   CORPORATIONS— FREEHOLDER   ELECTIONS. 

In  relation  to  municipal  elections  where  the  same  are  held  separate  from  gen- 
eral state  elections,  and  elections  held  under  the  authority  of  section  eight 
of  article  eleven  of  the  constitution,  to  elect  boards  of  freeholders,  or  to 
vote  upon  proposed  charters  or  upon  amendments  to  existing  charters,  and 
to  repeal  an  act  entitled  an  act  in  relation  to  elections  held  under  the 
authority  of  section  eight  of  article  eleven  of  the  constitution,  approved 
March  thirty-first,  eighteen  hundred  and  ninety-seven. 

(Stats.  1899,  63,  ch.  LIV.) 

§  1.  Except  in  the  particulars  otherwise  provided  for  in  the  constitution, 
all  municipal  elections,  where  the  same  are  held  separate  from  general  state 
elections,  and  all  elections  held  under  the  authority  of  section  eight  of  article 
eleven  of  the  constitution,  to  elect  boards  of  freeholders,  or  to  vote  upon  pro- 
posed charters,  or  upon  amendments  to  existing  charters,  shall  be  conducted 
under  the  provisions  of  this  act. 


&3a 


MUNICIPAL    CORPORATIONS— FREEHOLDER    ELECTIONS— VOTERS. 


§  2.  The  boards  of  municipalities  charged  with  the  conduct  and  carrying  on 
of  elections  may  district  and  subdivide  the  municipalities  into  municipal  elec- 
tion precincts,  for  the  holding  of  the  elections  mentioned  in  section  one  of  this 
act,  and  change  and  alter  such  precincts,  and  redistrict  the  municipality  for 
such  elections  as  often  as  occasion  may  require. 

§  3.  In  establishing  such  municipal  election  precincts,  said  board  may  con- 
solidate  the  precincts  which  existed  for  the  holding  of  the  last  preceding  gen- 
eral state  election  to  a  number  not  exceeding  six  for  each  municipal  election 
precinct,  and  shall  number  the  municipal  election  precincts  so  established  con- 
secutively, and  each  precinct  as  established  shall  be  known  as  "Municipal  Elec- 
tion Precinct  Number ." 

§  4.  All  persons  shall  be  entitled  to  vote  at  the  elections  mentioned  in  sec- 
tion one  who  come  within  the  terms  or  comply  with  the  requirements  of  this 
act. 

§  5.  Every  person  who  was  a  qualified  elector  at  the  general  state  election 
immediately  preceding  the  holding  of  any  of  the  elections  mentioned  in  sec- 
tion one  of  this  act,  and  who  was  upon  the  great  register  of  the  county,  or 
city  and  county,  where  any  such  municipality  is  situated,  as  a  qualified  elector 
of  any  one  of  the  precincts  which  compose  a  municipal  election  precinct,  and 
who  continues  to  reside  within  the  exterior  boundaries  of  such  municipal  elec- 
tion precinct  until  the  time  of  the  holding  of  the  election  herein  provided  for, 
shall  be  entitled  to  vote  at  said  election  without  other  or  additional  registra- 
tion. 

§  6.  All  other  persons  claiming  to  be  entitled  to  vote  at  any  of  the  elections 
provided  for  in  this  act  must  be  registered  upon  the  great  register  of  the 
county,  or  city  and  county,  within  which  such  municipality  is  situated,  as  an 
elector  of  and  within  one  of  the  precincts  which  compose  the  municipal  elec- 
tion precinct  wherein  he  claims  to  be  entitled  to  vote.  Such  registration 
must  take  place  at  least  twenty-five  days  prior  to  the  election ;  and  it  shall  be 
the  duty  of  the  county  clerk  of  the  county,  or  city  and  county,  within  which 
such  municipality  is  situated,  and  in  those  counties  or  cities  and  counties 
wherein  the  county  clerk  is  not  the  officer  charged  with  the  duty  of  registering 
voters,  then  of  the  officer  so  charged,  to  keep  his  office  open  for  at  least  thirty 
days  prior  to  the  twenty -fifth  day  preceding  any  such  election,  for  the  regis- 
tration of  voters  who  may  desire  to  vote  at  such  election, 

§  7.  The  boards  of  municipalities  charged  with  the  conduct  of  elections 
shall  appoint  a  board  of  election  for  each  municipal  election  precinct,  to  con- 
sist of  two  inspectors,  two  judges,  two  clerks,  and  two  ballots  clerks,  who  shall 
apportion  among  themselves  the  work  and  labor  required  to  conduct  such  elec- 
tion within  their  respective  municipal  election  precincts.  But  one  poll  list  need 
be  kept,  and  but  one  register.  These  shall  be  returned  to  the  proper  officers  as 
a  part  of  the  official  returns. 

§  8.  The  register  used  in  each  municipal  election  precinct  shall  consist  of  a 
copy  of  the  register  of  the  county,  or  city  and  county,  used  at  the  general  state 
election  immediately  preceding  the  holding  of  the  election  provided  for  in  this 
act  in  the  precincts  which  compose  the  municipal  election  precinct,  together 
with  the  additional  names  of  the  persons  who,  by  registration  had  since  such 


MUlVlCIPAIi    CORPORATIONS— FREEHOLDER    EI-ECTIOIVS— GIFTS    BY.  933 

general  state  election,  are  entitled  to  vote  at  any  of  the  elections  herein  pro- 
vided for  within  the  municipal  election  precinct.  In  the  event  that  precinct 
registers  were  used  at  the  last  preceding  general  state  election,  then  it  shall 
be  the  duty  of  the  county  clerk,  or  persons  clothed  with  the  authority  for  the 
registration  of  voters,  to  furnish  a  copy  of  the  precinct  register  of  each  of  the 
precincts  which  compose  said  municipal  election  precinct  to  the  board  of  elec- 
tion for  each  municipal  election  precinct  and  the  additional  registrations  above 
mentioned. 

§  9.  No  person  shall  be  entitled  to  vote  at  any  election  provided  for  in  this 
act  unless  his  name  appear  upon  the  great  register  or  precinct  register  as  a 
voter  within  the  exterior  boundaries  of  the  municipal  election  precinct,  or 
unless,  according  to  the  constitution  and  laws  of  this  state,  he  is  entitled  to 
vote  thereat. 

§  10.  The  provisions  of  law  which  would  be  applicable  to  the  elections  men- 
tioned in  section  one  of  this  act,  but  for  the  passage  hereof,  shall,  nevertheless, 
control  the  said  elections  as  to  the  matters  for  which  no  provision  is  herein 
contained. 

§  11.  The  act  approved  March  thirty-first,  eighteen  hundred  and  ninety- 
seven,  entitled  an  act  in  relation  to  elections  held  under  the  authority  of  sec- 
tion eight  of  article  eleven  of  the  constitution  to  elect  boards  of  freeholders, 
or  to  vote  upon  proposed  charters,  or  amendments  to  existing  charters,  is 
hereby  repealed. 

§  12.     This  act  shall  take  effect  immediately. 

As    to     formation    of    election    precincts,  point,    in   Fragley   vs.    Phelan,    126    Cal.    383, 

this    statute    is    "directory." — People    ex   rel.  392,    58    Pac.    Rep.    923;    German    Sav.    &    L. 

Skelton   vs.    Los   Angeles,    133    Cal.    338,    344,  Soc.    vs.    Ramish,    138    Cal.    120,   130,    69    Pac. 

65   Pac.   Rep.   749.     Cited,   but  not   on   same  Rep.  89,  70  Pac.  Rep.  1067. 

MUNICIPAL    CORPORATIONS— GIFTS    BY. 

To  ratify  and  confirm  the  conveyance  of  certain  property  to  trustees  for  char- 
itable or  educational  purposes  by  the  city  council  or  trustees  of  any  city  of 
less  than  fifty  thousand  inhabitants,  or  of  any  incorporated  town. 

(Stats.  1889,  94,  ch.  LXXXIX.) 

§  1.  Wherever  the  city  council  or  trustees  of  any  city  of  less  than  fifty  thou- 
sand inhabitants,  or  of  any  incorporated  town,  has  by  deed  of  trust  conveyed 
property,  or  any  portion  thereof,  that  has  been  set  apart  for  a  public  park,  to 
trustees,  for  charitable  or  educational  uses,  such  conveyance  is  hereby  ratified 
and  confirmed ;  provided,  that  no  institution  now  existing  or  to  be  established 
on  such  property  shall  be  private  in  its  benefits,  or  sectarian  in  its  work  or 
teachings,  or  be  to  any  extent  under  the  management  or  control  of  or  in  any 
way  tributary  to  any  religious  creed  or  order,  church,  or  sectarian  denomina- 
tion whatsoever;  provided  further,  that  land  so  conveyed  shall  be  kept  open 
as  public  grounds  by  the  trustees  of  such  institutions  as  are  or  may  be  placed 
thereon,  and  that  the  public  visitation  of  such  grounds  shall  not  be  restricted, 
excepting  by  such  reasonable  regulations  as  park  property  and  the  proper 
maintenance  of  such  institutions  may  require ;  provided  further,  that  property 
so  conveyed  shall  revert  to  the  grantors,  whenever  and  so  far  as  the  grantees 


984  MUNICIPAIi    CORPORATIONS— GRAVEL    BEDS— IMPROVEMENTS. 

do  not  use  the  same  in  accordance  with  the  stipulations  of  the  deed  of  trust 
and  with  the  requirements  of  this  statute. 
§  2.     This  act  shall  take  effect  immediately. 

MUNICIPAL   CORPORATIONS— GRAVEL   BEDS. 

Authorizing  municipal  corporations  to  lease,  purchase,  own,  and  operate  gravel 
beds  and  quarries,  and  to  transport  gravel  and  rock  therefrom  to  such 
municipal  corporations,  for  the  purpose  of  making,  improving,  and  repair- 
ing roads. 

(Stats.  1897,  217,  ch.  CLX.) 

§  1.  Any  incorporated  city  or  town  in  this  state  may  acquire,  lease,  pur- 
chase, and  operate  any  gravel  bed  or  quarry  within  the  county  where  such  city 
or  town  is  situated,  and  may  equip  and  operate  a  plant  at  such  gravel  bed  or 
quarry,  or  within  such  town  or  city,  for  the  purpose  of  breaking,  crushing,  or 
otherwise  preparing  gravel  or  rock  to  be  used  in  making,  paving,  improving, 
or  repairing  its  streets.  Any  such  city  or  town  may  acquire,  lease,  or  purchase 
and  maintain  all  necessary  roads,  rights  of  way,  and  tramways  over  which 
to  transport  gravel  or  rock  from  such  gravel  bed  or  quarry  to  such  city  or 
town,  and  all  necessary  appliances  for  that  purpose. 

§  2.  No  money  shall  be  expended  or  expense  incurred  for  any  of  the  pur- 
poses set  forth  in  section  one,  unless  the  same  is  authorized  at  a  regular  meeting 
of  the  legislative  body  of  such  city  or  town,  and  by  a  vote  of  two  thirds  of  the 
members  thereof. 

§  3.  This  act  shall  not  extend  or  enlarge  any  limitation  upon  municipal  taxa- 
tion or  the  expenditure  of  municipal  funds,  now  existing  by  reason  of  state 
laws  or  city  charters  in  any  of  the  cities  or  towns  of  this  state. 

MUNICIPAL    CORPORATIONS— IMPROVEMENTS. 

Authorizing  the  incurring  of  indebtedness  by  cities,  towns,  and  municipal  cor- 
porations, incorporated  under  the  laws  of  this  state,  for  the  construction 
of  waterworks,  sewers,  and  all  necessary  public  improvements,  or  for  any 
purpose  whatever,  and  to  repeal  the  act  approved  March  ninth,  eighteen 
hundred  and  eighty-five,  entitled  an  act  to  authorize  municipal  corpora- 
tions of  the  fifth  class,  containing  more  than  three  thousand  and  less  than 
ten  thousand  inhabitants,  to  obtain  waterworks,  also  to  repeal  an  act 
approved  March  fifteenth,,  eighteen  hundred  and  eighty-seven,  entitled  an 
act  authorizing  the  incurring  of  indebtedness  by  cities,  towns,  and  munici- 
pal corporations,  incorporated  under  the  laws  of  this  state. 

(Stats.  1889,  399,  ch.  CCLXI;  amended  1891,  84,  ch.  LXXXIII;  1891,  94,  ch. 
XC;  1891,  132,  ch.  CXIX;  1893,  61,  ch.  XL VIII.) 

§  1.  Any  city,  tOAvn  or  municipal  corporation,  incorporated  under  the  laws 
of  this  state,  may,  as  hereinafter  provided,  incur  indebtedness  to  pay  the  cost  of 
any  municipal  improvement,  or  for  any  purpose  whatever  requiring  an  expendi- 
ture greater  than  the  amount  allowed  for  such  improvement  by  the  annual  tax 
levy. 


MUNICIPAL,    CORPORATIONS— IMPROVEMENTS— SPECIAL    ELECTION.  035 

§  2.  Whenever  the  legislative  branch  of  any  city,  town,  or  municipal  cor- 
poration shall,  by  ordinance  passed  by  a  vote  of  two  thirds  of  all  its  members, 
and  approved  by  the  executive  of  said  city,  town,  or  municipal  corporation, 
determine  that  the  public  interest  or  necessity  demands  the  acquisition,  con- 
struction, or  completion  of  any  municipal  buildings,  bridges,  waterworks,  water 
rights,  sewers,  or  other  municipal  improvements,  the  cost  of  which  will  be  too 
great  to  be  paid  out  of  the  ordinary  annual  income  and  revenue  of  the  munici- 
pality, they  may,  after  the  publication  of  such  ordinance  for  at  least  two  weeks 
in  some  newspaper  published  in  such  municipality,  and  at  their  next  regular 
meeting  after  such  publication,  or  at  an  adjourned  meeting,  by  ordinance 
passed  by  a  vote  of  two  thirds  of  all  its  members,  and  also  approved  by  the 
said  executive,  call  a  special  election  and  submit  to  the  qualified  voters  of 
said  city,  town,  or  municipal  corporation,  the  proposition  for  the  purpose  set 
forth  in  the  ordinance,  and  no  question  other  than  the  incurring  of  indebtedness 
for  said  purpose  shall  be  submitted.  The  ordinance  calling  such  special  elec- 
tion shall  recite  the  objects  and  purposes  for  which  the  indebtedness  is  pro- 
posed to  be  incurred,  the  estimated  cost  of  the  proposed  public  improvement, 
the  necessity  for  such  improvement,  and  that  the  bonds  of  the  municipality 
shall  issue  for  the  payment  of  the  cost  of  such  improvement,  as  in  such  ordi- 
nance set  forth,  if  the  proposition  be  accepted  by  the  qualified  voters,  as  here- 
inafter provided,  and  shall  fix  the  day  on  which  such  special  election  shall  be 
held,  the  manner  of  holding  such  election,  and  the  voting  for  or  against 
incurring  such  indebtedness;  such  election  shall  be  held  as  provided  by  law  for 
holding  such  election  in  such  city,  town,  or  municipal  corporation;  provided, 
however,  that  where  by  the  terms  or  provisions  of  the  charter  of  any  city,  town, 
or  municipal  corporation,  the  cost  of  making  the  proposed  improvements  is  to 
be  or  must  be  paid  from  a  special  fund  created  by  such  charter  for  that  pur- 
pose, the  proposition  of  incurring  such  an  indebtedness  may  be  submitted  to 
the  qualified  voters  at  any  general  election  for  officers  of  the  state  of  California 
or  of  such  city,  town,  or  municipal  corporation.     [Amendment,  Stats.  1891,  94.] 

§  3.  Such  ordinance  shall  be  published  once  a  day,  for  at  least  ten  days,  or 
once  a  week  for  two  weeks  before  the  publication  of  the  notice  of  the  special 
election,  in  some  newspaper  published  in  such  municipality.  After  said  publi- 
cation said  legislative  body  shall  cause  to  be  published,  for  not  less  than  two 
weeks,  in  at  least  one  of  the  newspapers  published  in  such  municipality,  a 
notice  of  such  special  election,  the  purpose  for  which  the  indebtedness  is  to  be 
incurred,  the  number  and  character  of  the  bonds  to  be  issued,  the  rate  of 
interest  to  be  paid,  and  the  amount  of  tax  levy  to  be  made  for  the  payment 
thereof.  It  shall  require  the  votes  of  two  thirds  of  all  the  voters  voting  at  such 
special  election  to  authorize  the  issuance  of  the  bonds  herein  provided. 

§  4.  It  shall  be  the  duty  of  the  legislative  branch  of  any  municipality  con- 
templating permanent  public  improvements,  to  first  have  plans  and  estimates 
of  the  cost  of  such  improvements  made  by  a  competent  engineer  or  architect, 
who  has  had  successful  experience  in  such  work,  before  the  question  of  in- 
curring any  indebtedness  for  such  improvement  is  submitted  to  vote. 

§  5.  No  city,  town,  or  municipal  corporation  shall  incur  any  indebtedness 
for  public  improvements  which  shall,  in  the  aggregate,  exceed  fifteen  per 
centum  of  the  assessed  value  of  all  the  taxable  real  estate  and  personal  prop- 


086  MUNICIPAL    CORPORATIONS— IMPROVEMENTS— BONDS    FOR. 

erty  of  such  city,  town,  or  municipal  corporation.  [Amendment,  Stats.  1891, 
84.] 

§  6.  All  municipal  bonds  for  public  improvements  issued  under  the  pro- 
visions of  this  act  shall  be  of  the  character  of  bonds  known  as  serials,  and 
shall  be  payable  in  gold  coin  or  lawful  money  of  the  United  States,  in  the  man- 
ner following :  One  fortieth  part  of  the  whole  amount  of  indebtedness  shall  be 
paid  each  and  every  year,  on  a  day  and  at  a  place  to  be  fixed  by  the  legislative 
branch  of  the  municipality  issuing  the  bonds,  together  with  the  interest  on  all 
sums  unpaid  at  such  date.  The  bonds  shall  be  issued  in  such  denominations  as 
the  legislative  branch  of  the  municipality  may  determine,  except  that  no  bonds 
shall  be  of  a  less  denomination  than  one  hundred  dollars,  nor  of  a  greater  de- 
nomination than  one  thousand  dollars  each,  payable  on  the  day  and  at  the 
place  fixed  in  such  bond,  and  with  interest  at  the  rate  specified  in  the  bond, 
which  rate  shall  not  be  in  excess  of  the  legal  rate  of  the  state  of  California,  and 
may  be  payable  annually  or  semiannually.  Such  bonds  may  be  issued  and  sold 
by  the  legislative  branch  of  the  city,  town,  or  municipal  corporation,  as  they 
may  determine,  at  not  less  than  their  face  value,  in  gold  coin  of  the  United 
States,  and  the  proceeds  of  such  sale  shall  be  placed  in  the  municipal  treasury 
to  the  credit  of  the  proper  improvement  fund,  and  shall  be  applied  exclusively 
to  the  purposes  and  objects  mentioned  in  the  ordinance,  until  such  objects  are 
fully  accomplished,  after  which,  if  any  surplus  remains,  such  surplus  shall  be 
transferred  to  the  general  fund  of  such  municipality.  [Amendment,  Stats. 
1893,  61.] 

§  7.  The  legislative  branch  of  any  city,  town,  or  municipal  corporation, 
issuing  bonds  under  authority  of  this  act,  shall  have  the  right  to  determine 
the  rate  of  interest  such  bonds  shall  bear;  provided,  that  in  no  case  shall  it 
exceed  seven  per  centum  per  annum,  and  to  name  the  date  and  place  where 
such  bonds  and  interest  shall  be  paid;  provided,  that  the  place  of  payment 
shall  be  either  at  the  office  of  the  treasurer  of  the  municipality,  or  at  some 
designated  bank  in  San  Francisco,  Chicago,  New  York,  or  Boston.  The  said 
bonds  shall  be  signed  by  the  executive  of  the  municipality,  and  also  by  the 
treasurer  thereof,  and  shall  be  countersigned  by  the  clerk.  The  coupons  of 
said  bonds  shall  be  numbered  consecutively  and  signed  by  the  treasurer. 

§  8.  The  legislative  branch  of  said  city,  town,  or  municipal  corporation  shall, 
at  the  time  of  fixing  the  general  tax  levy,  and  in  the  manner  for  such  general  tax 
levy  provided,  levy  and  collect  annually,  each  year,  for  the  term  of  forty  years, 
a  tax  sufficient  to  pay  the  annual  interest  on  such  bonds,  also  one  fortieth 
part  of  the  aggregate  amount  of  such  indebtedness  so  incurred.  The  taxes 
herein  required  to  be  levied  and  collected  shall  be  in  addition  to  all  other  taxes 
levied  for  municipal  purposes,  and  shall  be  collected  at  the  same  time  and  in 
the  same  manner  as  other  municipal  taxes  are  collected. 

All  acts  or  parts  of  acts  conflicting  with  this  act  are  hereby  repealed.  [Amend- 
ment, Stats.  1893,  61.] 

§  9.  It  shall  be  the  duty  of  the  legislative  branch  of  every  city,  town,  or 
municipal  corporation,  wherein  public  improvements  are  being  made  under  the 
provisions  of  this  act,  to  make  all  needful  rules  and  regulations  for  carrying  out 
and  maintaining  such  improvements;  to  appoint  all  needful  agents,  superin- 


MIJXICIPAL.     CORPORATIONS — IMPROVEMENTS — CONTRACTS    FOR.  037 

tendents,  and  engineers  to  properly  look  after  the  construction  and  operation 
of  such  public  works,  and  in  all  lawful  ways  to  protect  and  preserve  the  rights 
and  interests  of  the  municipality;  provided,  however,  that  in  cities,  towns,  or 
municipalities  operating  under  a  charter  heretofore  or  hereafter  framed  under 
section  eight  of  article  eleven  of  the  constitution,  and  having  a  board  of  public 
works,  all  the  matters  and  things  required  in  this  section  to  be  done  and  per- 
formed by  the  legislative  branch  of  the  municipality  shall  be  done  and  performed 
by  the  board  of  public  works  of  such  city,  town,  or  municipality.  [Amendment, 
Stats.  1891,  132.] 

§  10.  All  contracts  for  the  construction  or  completion  of  any  public  works  or 
improvements,  or  for  furnishing  labor  or  materials  therefor,  as  herein  pro- 
vided, shall  be  let  to  the  lowest  responsible  bidder.  The  legislative  branch  of  the 
municipality  shall  advertise,  for  at  least  ten  days,  in  one  or  more  newspapers 
published  in  the  municipality,  inviting  sealed  proposals  for  furnishing  the  labor 
and  materials  for  the  proposed  improvements,  before  any  contract  shall  be 
made  therefor.  The  said  legislative  branch  shall  have  the  right  to  require  such 
bonds  as  they  may  deem  best  from  the  successful  bidder,  to  insure  the  faithful 
performance  of  the  contract  work.  They  shall  also  have  the  right  to  reject  any 
or  all  bids;  provided,  however,  that  in  cities,  towns,  or  municipalities  operating 
under  a  charter  heretofore  or  hereafter  framed  under  section  eight  of  article 
eleven  of  the  constitution,  and  having  a  board  of  public  works,  all  the  matters 
and  things  required  in  this  section  to  be  done  and  performed  by  the  legislative 
branch  of  the  municipality  shall  be  done  and  performed  by  the  board  of  public 
works  of  such  city,  town,  or  municipality.     [Amendment,  Stats.  1891,  132.] 

§  11.  Whenever  the  legislative  branch  of  any  municipality  shall  by  resolution 
deem  it  necessary,  they  may  require  the  treasurer  of  such  municipality  to  give 
additional  bonds  for  the  safe  custody  and  care  of  the  public  funds. 

§  12.  The  act  approved  March  ninth,  eighteen  hundred  and  eighty-five,  en- 
titled an  act  to  authorize  municipal  corporations  of  the  fifth  class,  containing 
more  than  three  thousand  and  less  than  ten  thousand  inhabitants,  to  obtain 
public  waterworks,  and  the  act  approved  March  fifteenth,  eighteen  hundred  and 
eighty-seven,  entitled  an  act  authorizing  the  incurring  of  indebtedness  by  cities, 
towns,  and  municipal  corporations,  incorporated  under  the  laws  of  this  .state, 
and  all  general  acts,  or  special  acts,  or  parts  of  acts,  conflicting  with  this  act, 
are  hereby  repealed. 

§  13.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

SPECIAIi    TAX    LEVY    FOR    MUNICIPAL.  Obispo   vs.    Fitzgerald.    126    Cal.    279,    280,    58 

IMPROVEMENT,  see   Stats.  1901,  296. — City  Pac.    Rep.    699;    Los   Angeles   vs.    Hance,   130 

of  Santa  Cruz  vs.   Enright,   95   Cal.   105,  112,  Cal.    278,    279,    62    Pac.    Rep.    484;    Redondo 

80    Pac.    Rep.    197.      §§    1,   2 — Derby   vs.    City  Beach  vs.  Cate,  136  Cal.  146, 147,  68  Pac.  Rep. 

Modesto,  104  Cal.  515,  519,  38  Pac.  Rep.  900;  586.      §7 — Skinner  vs.   City   Santa  Rosa,   107 

Rice   vs.    Board   Trustees,    107    Cal.    398,    400.  Cal.    464,    465,    40   Pac.   Rep.    742,    29   L.   R.   A. 

40  Pac.  Rep.  551.     §§  1-3 — In  re  "Wetmore  vs.  512n.      §  10 — Peckham   vs.    City   "Watsonville, 

City  Oakland,   99  Cal.   146.  147.  33  Pac.  Rep.  138    Cal.    242,    243,    71    Pac.    Rep.    169.      See 

769.    §4 — Hammond  vs.  San  Leandro.  135  Cal.  Stats.  1899,   105,  relating  to  surplus  of  such 

450,   453,   67   Pac.   Rep.   692.     ?6 — Murphy  vs.  tax. 

City   San   Luis   Obispo,   119    Cal.    624,    625,   51  Stnts.   1889,   94 Derby   vs.    City   Modesto, 

Pac.    Rep.    1085,    39   L.    R.   A.    444;   Meyer   vs.  104   Cal.   515,  519,   38   Pac.  Rep.   900;   Skinner 

City  San  Diego,  121  Cal.  102,  103,  66  Am.  St.  vs.    City    Santa    Rosa,    107    Cal.    464,    465,    40 

Rep.  22.  53  Pac.  Rep.   434,  41  L.  R.  A.   762;   City  Pac.  Rep.  742,  29  L.  R.  A.  512n. 

Los   Angeles   vs.    Hance,    122    Cal.    77,    78,    54  Stats.  1891,  84 Irwin  vs.   Exton,  125  Cal. 

Pac.    Rep.    387;    Irwin    vs.    Exton,    125    Cal.  622,  624,   58  Pac.  Rep.   257. 

€22,    623,    58    Pac.    Rep.    257;    City    San    Luis  Stats.  1891,  132. — Meyer  vs.  City  San  Diego, 


93S       MUNICIPAL.  CORPORATIONS— IMPROVEMENT  BONDS — SPECIAL  ELECTION. 

121   Cal.   102,  103,  53  Pac.  Rep.   434,   41  L.  R.  121  Cal.  103,  66  Am.  St.  Rep.  22,  53  Pac.  Rep. 

A.    762;    Irwin   vs.    Exton,    125    Cal.    622,    624,  434,    41   L.    R.   A.    762;    City  Los   Angeles   vs. 

58   Pac.   Rep.   257.  Hance,    122    Cal.    77,    78,    54    Pac.    Rep.    387; 

Stats.  1893,  61,  §  6. — Skinner  VS.  City  Santa  Irvirin   vs.    Exton,    125    Cal.    622,   624,    58    Pac. 

Rosa,    107    Cal.    464,    465,    40    Pac.    Rep.    742,  Rep.  257. 
29  li.  R.  A.  512n;  Meyer  vs.  City  San  Diego, 

MUNICIPAL    CORPORATIONS— IMPROVEMENT    BONDS. 

Authorizing  the  incurring  of  indebtedness  by  cities,  towns,  and  municipal  cor- 
porations for  municipal  improvements,  and  regulating  the  acquisition,  con- 
struction, or  completion  thereof. 

(Stats.  1901,  27,  eh.  XXXII.) 

§  1.  Any  city,  town  or  municipal  corporation  incorporated  under  the  laws 
of  this  state,  may  as  hereinafter  provided  incur  indebtedness  to  pay  the  cost 
of  any  municipal  improvement  requiring  an  expenditure  greater  than  the 
amount  allowed  for  such  improvement  by  the  annual  tax  levy. 

§  2.  Whenever  the  legislative  branch  of  any  city,  town  or  municipal  corpora- 
tion shall,  by  resolution  passed  by  vote  of  two  thirds  of  all  its  members  and 
approved  by  the  executive  of  said  municipality,  determine  that  the  public  in- 
terest or  necessity  demands  the  acquisition,  construction  or  completion  of  any 
municipal  improvement,  including  bridges,  waterworks,  water  rights,  sewers, 
light  or  power  works  or  plants,  buildings  for  municipal  uses,  school-houses,  fire 
apparatus,  and  street  work,  or  other  works,  property  or  structures  necessary 
or  convenient  to  carry  out  the  objects,  purposes  and  powers  of  the  municipality, 
the  cost  of  which  will  be  too  great  to  be  paid  out  of  the  ordinary  annual  income 
and  revenue  of  the  municipality,  it  may  at  any  subsequent  meeting  of  such 
board,  by  a  vote  of  two  thirds  of  all  its  members,  and  also  approved  by  said 
executive,  call  a  special  election  and  submit  to  the  qualified  voters  of  said  city, 
town  or  municipal  corporation  the  proposition  of  incurring  a  debt  for  the  pur- 
pose set  forth  in  said  resolution,  and  no  question  other  than  the  incurring  of' 
the  indebtedness  for  said  purpose  shall  be  submitted ;  provided,  that  propositions 
of  incurring  indebtedness  for  more  than  one  object  or  purpose  may  be  sub- 
mitted at  the  same  election.  The  ordinance  calling  such  special  election  shall 
recite  the  objects  and  purposes  for  which  the  indebtedness  is  proposed  to  be 
incurred,  the  estimated  cost  of  the  proposed  public  improvements,  the  amount 
of  the  principal  of  the  indebtedness  to  be  incurred  therefor,  and  the  rate  of 
interest  to  be  paid  on  said  indebtedness,  and  shall  fix  the  date  on  which  such 
special  election  will  be  held,  the  manner  of  holding  such  election  and  the  voting 
for  or  against  incurring  such  indebtedness,  and  in  all  particulars  not  recited  in 
said  ordinance  such  election  shall  be  held  as  provided  by  law  for  holding  munici- 
pal elections  in  such  municipality. 

§  3.  Such  ordinance  shall  be  published  once  a  day  for  at  least  seven  days 
in  some  newspaper  published  at  least  six  days  a  week  in  such  municipality,  or 
once  a  week  for  two  weeks  in  some  newspaper  published  less  than  six  days  a 
week  in  such  municipality,  and  one  insertion  each  week  for  two  succeeding  weeks 
shall  be  a  sufficient  publication  in  such  newspaper  published  less  than  six  days, 
per  week.  In  municipalities  where  no  such  newspaper  is  published,  such  ordi- 
nance shall  be  posted  in  three  public  places  therein  for  two  succeeding  weeks. 
No  other  notice  of  such  election  need  be  given.    It  shall  require  the  votes  of  two 


MUNICIPAL  CORPORATIONS— IMPROVEMENT  BONDS— WHEN  PAYABLE.  939 

thirds  of  all  the  voters  voting  at  such  special  election  to  authorize  the  issuance 
of  the  bonds  herein  provided;  provided,  however,  should  the  proposition  so 
submitted  at  such  election  fail  to  receive  the  requisite  number  of  votes  of  the 
qualified  voters,  voting  at  such  election  to  incur  the  indebtedness  for  the  purpose 
specified,  the  legislative  branch  of  such  municipality  shall  have  no  power  or 
authority  within  one  year  after  such  election  to  call  or  order  another  election 
for  incurring  any  indebtedness  for  improvements  substantially  the  same  as 
voted  upon  at  such  prior  election,  unless  a  petition,  signed  by  a  majority  of  the 
taxpayers  on  the  latest  assessment  roll  of  such  municipality,  be  filed  with  such 
municipality,  requesting  that  such  proposition  or  a  proposition  substantially  the 
same  be  submitted  at  an  election  to  be  called  for  the  submission  of  such  propo- 
sition and  to  be  held  in  accordance  with  the  provisions  of  this  act. 

§  4.  No  city,  town  or  municipal  corporation  shall  incur  an  indebtedness  for 
public  improvements  which  shall  in  the  aggregate  exceed  fifteen  per  centum  of 
the  assessed  value  of  all  the  real  and  personal  property  of  such  city,  town  or 
municipal  corporation. 

§  5.  All  municipal  bonds  issued  under  the  provisions  of  this  act  shall  be  pay- 
able substantially  in  the  manner  following:  A  part  to  be  determined  by  the 
legislative  body  of  the  municipality,  which  shall  be  not  less  than  one  fortieth 
part  of  the  whole  amount  of  such  indebtedness,  shall  be  paid  each  and  every  year 
on  a  day  and  date,  at  the  city  treasury,  to  be  fixed  by  the  legislative  branch  of 
the  municipality  issuing  the  bonds,  together  with  the  interest  on  all  sums  unpaid 
at  such  date.  The  bonds  shall  be  issued  in  such  denominations  as  the  legislative 
branch  of  the  municipality  may  determine,  except  that  no  bonds  shall  be  of  a 
less  denomination  than  one  hundred  dollars,  nor  of  a  greater  denomination  than 
one  thousand  dollars,  and  shall  be  payable  on  the  day  and  at  the  place  fixed  in 
such  bond,  and  with  interest  at  the  rate  specified  in  the  bond,  which  rate  shall 
not  be  in  excess  of  six  per  centum  per  annum  and  shall  be  payable  semi- 
annually, and  said  bonds  shall  be  signed  by  the  executive  of  the  municipality, 
and  also  by  the  treasurer  thereof,  and  shall  be  countersigned  hy  the  clerk. 
The  coupons  of  said  bonds  shall  be  numbered  consecutively  and  signed  by  the 
treasurer. 

§  6.  Such  bonds  may  be  issued  and  sold  by  the  legislative  branch  of  the 
city,  town  or  municipal  corporation  as  they  may  determine,  but  for  not  less  than 
their  par  value,  and  the  proceeds  of  such  bonds  shall  be  placed  in  the  municipal 
treasury  to  the  credit  of  the  proper  improvement  fund,  and  shall  be  applied 
exclusively  to  the  purposes  and  objects  mentioned  in  the  ordinance. 

§  7.  The  legislative  branch  of  said  city,  town  or  municipality  shall  at  the 
time  of  fixing  the  general  tax  levy,  and  in  the  manner  for  such  general  tax  levy 
provided,  levy  and  collect  annually  each  year  until  said  bonds  are  paid,  or  until 
there  shall  be  a  sum  in  the  treasury  of  said  city,  town  or  municipality  set  apart 
for  that  purpose  to  meet  all  sums  coming  due  for  principal  and  interest  on  such 
bonds,  a  tax  sufficient  to  pay  the  annual  interest  on  such  bonds,  and  also  such 
part  of  the  principal  thereof  as  shall  become  due  before  the  time  for  fixing  the 
next  general  tax  levy.  The  taxes  herein  required  to  be  levied  and  collected 
shall  be  in  addition  to  all  other  taxes  levied  for  municipal  purposes,  and  shall  be 
collected  at  the  same  time  and  in  the  same  manner  as  other  municipal  taxes  are 


940  MUNICIPAL    CORPORATIONS— IMPROVEMENT    BONDS— TAX    FOR. 

collected,  and  be  used  for  no  other  purpose  than  the  payment  of  said  bonds  and 
accruing  interest. 

§  8.  It  shall  be  the  duty  of  the  legislative  branch  of  every  city,  town  or 
municipal  corporation,  wherein  public  improvements  are  being  made  under  the 
provisions  of  this  act,  to  make  all  needful  rules  and  regulations  for  carrying  out 
and  maintaining  such  improvements,  to  appoint  all  needful  agents,  superintend- 
ents and  engineers  to  properly  look  after  the  construction  and  operation  of  such 
public  works,  and  in  all  lawful  ways  to  protect  and  preserve  the  rights  and 
interests  of  the  municipality ;  provided,  however,  that  in  cities,  towns,  or  munici- 
palities operating  under  a  charter  heretofore  or  hereafter  framed  under  sec- 
tion eight  of  article  eleven  of  the  constitution,  and  having  a  board  of  public 
works,  all  the  matters  and  things  required  in  this  section  to  be  done  and  per- 
formed by  the  legislative  branch  of  the  municipality  shall  be  done  and  performed 
by  the  board  of  public  works  of  such  city,  town  or  municipality. 

§  9.  All  contracts  for  the  construction  or  completion  of  any  public  works 
or  improvements,  or  for  furnishing  labor  or  materials  therefor,  as  herein  pro- 
vided, shall  be  let  to  the  lowest  responsible  bidder.  The  legislative  branch  of  the 
municipality  shall  advertise,  for  at  least  ten  days,  in  one  or  more  newspapers 
published  in  the  municipality,  inviting  sealed  proposals  for  furnishing  the  labor 
and  materials  for  the  proposed  improvements,  before  any  contract  shall  be  made 
therefor.  The  said  legislative  branch  shall  have  the  right  to  require  such  bonds 
as  they  may  deem  best  from  the  successful  bidder,  to  insure  the  faithful  per- 
formance of  the  contract  work.  They  shall  also  have  the  right  to  reject  any  and 
all  bids;  provided,  however,  that  in  cities,  towns  or  municipalities  operating 
under  a  charter  heretofore  or  hereafter  framed  under  section  eight  of  article 
eleven  of  the  constitution,  and  having  a  board  of  public  works,  all  the  matters 
and  things  required  in  this  section  to  be  done  and  performed  by  the  legislative 
branch  of  the  municipality  shall  be  done  and  performed  by  the  board  of  public 
works  of  such  city,  town  or  municipality. 

§  10.  Whenever  the  legislative  branch  of  any  municipality  shall  by  resolution 
deem  it  necessary,  they  may  require  the  treasurer  of  such  municipality  to  give 
additional  bonds  for  the  safe  custody  and  care  of  the  public  funds. 

§  11.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  12.  This  act  shall  not  be  deemed  to  repeal,  conflict  with  or  modify  any  pro- 
vision of  any  statute  of  this  state  concerning  the  levy  of  special  taxes  for  spe- 
cific public  improvements  when  bond  issues  are  not  contemplated. 

§  13.     This  act  shall  take  effect  immediately. 

Town  Mill  Valley  vs.  House,  142  Cal.  698,  700,  76  Pac.  Eep.  658;  Law  vs.  San  Francisco, 
144  Cal.   384,  391,  77  Pac.  Rep.  1014. 
See  next  following  statute. 

MUNICIPAL   CORPORATIONS— IMPROVEMENT   TAX. 

To  provide  for  the  disposal  of  money  raised  by  cities  or  towns  for  public  improve- 
ment after  the  same  has  been  completed  and  paid  for. 

(Stats.  1899,  105,  ch.  XCI.) 

§  1.  "Whenever  any  city  or  town  hereafter  raises,  or  has  heretofore  voted  to 
raise,  any  sum  of  money  for  a  specific  public  improvement,  and  after  such 


MUNICIPAL    CORPORATIONS— SPECIAL    IMPROVEMENT    TAX.  041 

improvement  has  been  fully  completed  and  paid  for,  a  residue  remains,  for  the 
disposition  of  which  there  is  now  no  provision  of  law,  such  residue  shall  be  paid 
into  the  general  fund  of  such  city  or  town  and  form  part  thereof. 

MUNICIPAL    CORPORATIONS— SPECIAL    IMPROVEMENT    TAX. 

Providing  for  the  levy  of  a  special  tax  for  specific  public  improvements  within 

municipalities. 
(Stats.  1901,  296,  ch.  CXXXVII.) 

§  1.  Whenever  it  shall  be  determined  by  the  legislative  body  of  any  municipal- 
ity within  the  state  of  California  that  the  public  interest  of  such  municipality 
demands  the  acquisition,  construction  or  completion  of  any  municipal  improve- 
ment, including  bridges,  waterworks,  water  rights,  sewers,  light  or  power  works 
or  plants,  buildings  for  municipal  uses,  fire  apparatus  and  street  work,  or  other 
works,  property  or  structures  necessary  or  convenient  to  carry  out  the  objects, 
purposes  and  powers  of  the  municipality  the  cost  of  which  will  be  too  great  to  be 
paid  out  of  the  revenues  of  the  municipality  to  be  received  during  the  fiscal  year, 
or  years,  in  which  such  improvement  is  proposed  to  be  made,  a  special  tax,  not 
to  exceed  the  sum  of  fifty  cents  on  each  one  hundred  dollars,  may  be  levied  on 
the  property  assessed  for  purposes  of  taxation  within  said  municipality,  which 
said  rate  of  taxation  may  be  in  addition  to  the  annual  rate  of  taxation  allowed 
by  law  to  be  levied  therein. 

§  2.  Before  said  tax  shall  be  levied  by  the  legislative  body  of  a  municipality 
the  question  of  the  levy  of  such  tax  shall  be  submitted  to  the  voters  of  the  munici- 
pality at  any  general  or  special  municipal  election,  or  at  a  special  election  to  be 
held  for  that  purpose,  and  if  two  thirds  of  the  votes  cast  upon  the  proposition  of 
levying  such  tax  shall  be  in  favor  of  the  levy  thereof,  then  the  levy  shall  be 
made ;  otherwise,  the  tax  shall  not  be  levied.  Upon  the  ballots  used  at  such  elec- 
tion, the  proposition  to  be  voted  for  shall  be  stated  in  appropriate  words  and  the 
same  arranged  so  that  the  voter  may  indicate  his  choice  upon  the  proposition. 
If  a  special  election  is  held,  the  same  shall  be  held  and  conducted  as  are  other 
elections  within  the  municipality. 

§  3.  At  least  two  weeks  before  such  election  is  held  the  legislative  body  of  the 
municipality  shall  adopt  an  ordinance  calling  and  providing  for  the  same, 
wherein  it  shall  be  stated : 

1.  The  nature  of  the  proposed  improvement  for  the  cost  of  which  the  special 
tax  shall  be  levied ; 

2.  The  total  amount  of  money  to  be  raised  for  such  improvement ; 

3.  The  annual  rate  of  taxation  to  be  levied. 

§  4,  At  the  time  fixed  by  law  for  the  levying  of  taxes  within  the  municipality, 
the  legislative  body  thereof  shall  include  the  special  tax  herein  provided  for, 
which  shall  be  the  rate  specified  in  the  ordinance  calling  said  election,  nor  shall 
it  be  levied  for  a  longer  period  of  years  than  shall  be  sufficient  to  raise  the  amount 
of  money  specified  in  said  ordinance.  The  proceeds  of  said  special  tax  shall  be 
set  apart  in  a  special  fund  and  shall  only  be  expended  for  the  purposes  of  making 
the  improvement  stated  in  said  ordinance ;  provided,  that  any  balance  remaining 
after  said  improvement  shall  have  been  fully  completed  and  paid  for  may  be 
transferred  to  the  general  fund  of  the  municipality. 


043        MUNICIPAL   CORPORATIONS— IMPROVEMENT   OF   STREETS,  ETC.— METHOD. 

§  5.  This  act  shall  not  be  deemed  to  repeal,  conflict  with  or  modify  any  pro- 
vision of  any  statute  of  this  state  concerning  the  incurring  of  a  bonded  indebted- 
ness by  municipalities  for  public  improvements. 

§  6.     This  act  shall  take  effect  immediately. 

MUNICIPAL  CORPORATIONS— "IMPROVEMENT  ACT  OF  1901"— 

STREETS. 

To  provide  for  local  improvements  upon  streets,  lanes,  alleys,  courts,  places,  and 
sidewalks,  and  for  the  construction  of  sewers  within  municipalities,  such  act 
to  be  known  as  "The  Local  Improvement  Act  of  1901." 

(Stats.  1901,  34,  eh.  XXXVIII.) 

§  1.  All  streets,  lanes,  alleys,  places,  or  courts  in  the  municipalities  of  this 
state,  now  open  or  dedicated,  or  which  may  hereafter  be  opened  or  dedicated  to 
public  use,  shall  be  deemed  and  be  held  to  be  open  public  streets,  lanes,  alleys, 
places,  or  courts,  for  the  purposes  of  this  act,  and  the  legislative  body  of  each 
municipality  is  hereby  empowered  to  establish  and  change  the  grades  of  said 
streets,  lanes,  alleys,  places,  or  courts,  and  fix  the  width  thereof,  and  is  hereby 
invested  with  jurisdiction  to  order  to  be  done  thereon  any  of  the  work  mentioned 
in  section  two  of  this  act,  under  the  proceedings  hereinafter  described. 

§  2.  Whenever  the  public  interest  or  convenience  may  require,  the  legislative 
body  is  hereby  authorized  and  empowered  to  order  the  whole,  or  any  portion, 
either  in  length  or  width,  of  the  streets,  avenues,  lanes,  alleys,  courts,. or  places 
of  any  such  municipality  graded  or  regraded  to  the  official  grade,  planked  or 
replanked,  paved  or  repaved,  macadamized  or  remacadamized,  graveled  or  re- 
graveled,  piled  or  replied,  capped  or  recapped,  sewered  or  resewered,  supplied  or 
resupplied  with  drains  for  storm  water  or  other  purposes,  and  to  order  sidewalks, 
parkways,  manholes,  catch-basins,  culverts,  cesspools,  gutters,  tunnels,  curbing, 
and  crosswalks  to  be  constructed  therein,  or  to  order  breakwaters,  levees,  or  walls 
of  rock,  or  other  material,  to  protect  the  same  from  overflow  or  injury,  and  to 
order  any  other  work  to  be  done  which  shall  be  necessary  to  complete  the  whole 
or  any  portion  of  said  streets,  avenues,  sidewalks,  lanes,  alleys,  courts,  or  places, 
and  it  may  order  any  of  the  said  work  to  be  improved,  and  also  to  order  a  sewer 
or  sewers,  with  outlets,  for  drainage  or  sanitary  purposes,  in,  over,  or  through 
any  right  of  way  granted  or  obtained  for  such  purpose;  and  to  provide  for  the 
maintenance  of  any  such  work. 

§  3.  Before  ordering  any  work  done  or  improvement  made  which  is  author- 
ized by  section  two  of  this  act  the  legislative  body  shall  pass  a  resolution  refer- 
ring the  proposed  work  to  the  city  engineer,  if  there  be  one,  and  if  not,  to  some 
civil  engineer  employed  by  them  for  the  purpose  and  named  in  the  resolution, 
and  instructing  him  to  make  to  the  legislative  body  a  report  in  writing,  contain- 
ing his  recommendations  as  to  the  best  method  of  doing  said  work  or  of  making 
said  improvement,  to  which  report  shall  be  attached  the  exhibits  hereinafter 
referred  to. 

§  4.  Thereafter,  the  said  engineer  shall  file  with  the  clerk  of  the  municipality 
the  report  called  for  by  section  three  above,  and  annex  thereto  the  following 
exhibits,  to  wit : 


MUNICIPAL,  COUPORATIONS — IMPROVEMENT  OP  STREETS,  ETC.— REPORT.        943 

1.  A  description  of  the  work  to  be  done;  said  work  may  include  one  or  more 
streets  in  the  same  proceeding; 

2.  A  description  of  the  exterior  boundaries  of  the  district  which  will  be  bene- 
fited by  the  proposed  improvement  and  should  be  specially  assessed  to  pay  the 
cost  thereof ; 

3.  Plans,  profiles,  cress-sections  and  specifications  of  the  work  required  in 
order  to  accomplish  said  improvement; 

4.  An  estimate  of  the  expense  of  said  improvements,  deducting  therefrom  the 
estimated  cost  of  so  much,  if  any,  of  said  improvements  as  may  be  by  law  required 
to  be  done  by  railroads  having  tracks  upon  the  streets  affected ; 

5.  A  map  showing  the  district  above  referred  to,  and  also  the  subdivisions  of 
the  property  within  said  district,  as  ascertained  by  said  engineer,  each  of  which 
subdivisions  shall  be  given  upon  said  map  a  separate  number  in  red  ink ; 

6.  A  list  referring  to  the  said  subdivisions  upon  said  map  by  the  respective  red 
ink  numbers  thereof,  and  showing  the  names  of  the  owners,  if  known,  otherwise 
designating  them  as  unknown,  and  the  valuations  of  said  respective  subdivisions, 
as  the  same  appfear  upon  the  last  assessment  roll  of  said  municipality,  if  they  so 
appear,  otherwise  as  estimated  by  said  engineer,  also  the  dimensions,  areas,  and 
his  estimates  of  the  benefits  which  the  respective  parcels  will  receive  from  said 
improvement; 

7.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  connec- 
tion with  the  work,  such  as  clerical,  engineering,  inspection,  printing  and 
advertising. 

§  5.  After  the  report  of  the  engineer  provided  for  in  the  next  preceding  sec- 
tion has  been  filed  with  the  clerk  of  the  municipality,  the  legislative  body  of  said 
municipality  shall  consider  the  same  and  shall  have  power,  by  resolution,  to 
adopt  the  same  as  filed  by  said  engineer,  or  as  modified  by  the  legislative  body, 
and  levy  the  assessment  accordingly,  but  the  same  shall  not  constitute  a  lien  until 
all  parties  interested  have  had  an  opportunity  to  be  heard  as  hereinafter  pro- 
vided ;  in  the  same  resolution  the  legislative  body  shall  set  forth  the  following : 

1st.  The  rate  of  interest  to  be  charged  upon  deferred  payments ; 

2d.  The  time  to  be  allowed  upon  deferred  payments; 

3d.  The  rate  of  interest  to  be  allowed  upon  bonds  issued  to  cover  deferred, 
payments ; 

4th.  The  time  for  which  bonds  issued  to  cover  deferred  payments  are  to  run ; 

5th.  The  day  and  hour  when  and  where  any  and  all  persons  may  appear  before 
the  legislative  body  and  show  cause,  if  any  they  have,  why  said  improvement  pro- 
vided for  in  said  resolution  should  not  be  carried  out  in  accordance  therewith ; 
said  time  to  be  not  less  than  thirty  nor  more  than  sixty  days  from  the  date  of 
passage  of  said  resolution ; 

6th.  A  description  of  the  exterior  boundaries  of  the  district  declared  by  the 
legislative  body  to  be  benefited  by  the  proposed  improvement  and  assessed  to  pay 
the  costs  and  expenses  thereof. 

The  rate  of  interest  above  referred  to  shall  not  exceed  seven  per  centum,  and 
in  the  same  resolution  the  legislative  body  shall  provide,  if  they  so  determine, 
that  the  work  covered  by  said  resolution  shall  include  maintenance  thereof  for  a 
stated  number  of  years  to  be  fixed  by  said  resolution. 


&44       aiUNICIPAI.  CORPORATIONS— IMPROVEMENT   OF  STREETS,  ETC NOTICE. 

§  6.  After  the  passage  of  the  resolution  mentioned  in  section  five  hereof  there 
shall  be  conspicuously  posted  in  three  of  the  most  public  places  within  the  munici- 
pality, and  also  along  the  street  frontages  of  all  the  real  property  within  the 
district,  at  not  more  than  one  hundred  feet  in  distance  apart,  notices  of  the  hear- 
ing provided  for  in  section  five;  said  notices  shall  be  headed,  "Notice  of  Local 
Improvement,"  in  letters  of  not  less  than  one  inch  in  length,  and  shall  in  legible 
characters  state  the  fact  of  the  passage  of  the  resolution  mentioned  in  section 
five,  and  briefly  describe  the  work  or  improvement  proposed,  and  refer  to  said 
resolution  for  further  particulars ;  said  notice  shall  also  state  the  date,  hour  and 
place  for  which  the  said  hearing  has  been  set,  and  shall  notify  all  parties  inter- 
ested in  any  real  estate  within  the  limits  of  said  district  then  and  there  to  show 
cause,  if  any  they  have,  why  the  said  improvements  proposed  in  said  resolution 
should  not  be  carried  out  in  accordance  therewith ;  said  notice  shall  also  contain 
a  description  of  the  district  covered  by  the  resolution  by  the  exterior  boundaries 
thereof,  said  description  to  be  in  bold-face  type ;  said  notices  must  be  posted  as 
least  twenty  days  before  the  time  set  for  the  hearing,  and  must  be  published  twice 
in  some  newspaper  of  general  circulation,  published  within  the  municipal  cor- 
poration in  which  the  improvements  are  to  be  made,  at  least  ten  days  before  the 
date  of  hearing. 

§7.  At  the  time  named  in  the  notice  hereinbefore  provided  for[,]  for  said 
hearing [,]  there  shall  be  filed  with  the  legislative  body  an  affidavit  that  the  notice 
has  been  posted  as  hereinbefore  provided  for,  and  an  affidavit  of  the  printer  or 
publisher  of  the  newspaper  in  which  said  notice  has  been  published  that  the  same 
has  been  published  as  hereinbefore  provided  for,  and  the  legislative  body,  before 
proceeding  with  said  hearing,  shall  have  entered  upon  the  minutes  of  the  meeting 
an  order  reciting  that  notice  of  said  hearing  has  been  posted  and  published  accord- 
ing to  law,  and  such  recitals  shall  be  conclusive  evidence  of  the  facts  therein 
recited,  and  the  legislative  body  shall  thereupon  proceed  with  the  hearing  of  any 
objections  which  shall  have  been  made  in  writing  and  filed  with  the  clerk  of  the 
municipality  not  later  than  the  hour  for  hearing  named  in  said  notice,  and  no 
other  objections  shall  be  considered.  Said  hearing  may  be  continued  from  time 
to  time  by  the  legislative  body,  and  all  parties  interested  shall  be  deemed  to  have 
notice  of  said  continuances.  All  objections  must  be  in  writing,  must  contain  a 
description  of  the  property  in  which  the  objector  is  interested,  and  set  forth  the 
nature  of  his  title  thereto  or  interest  therein,  and  must  state  the  objector's 
ground  of  opposition,  and  must  be  signed  and  verified  by  the  objector  himself, 
or  his  attorney  in  fact,  and  objections  which  do  not  comply  with  these  require- 
ments shall  not  be  considered  by  the  said  legislative  body. 

§  8.  At  the  close  of  the  hearing  provided  for  in  the  preceding  section,  the 
legislative  body  shall  pass  a  resolution  setting  aside,  modifying,  or  confirming 
the  resolution  provided  for  in  section  five  hereof,  and  where  the  same  is  con- 
firmed or  modified,  the  lien  of  the  assessment  provided  for  therein  shall  imme- 
diately become  attached  to  the  respective  parcels  of  land  in  accordance  with  said 
confirmed  or  modified  resolution. 

§  9.  Any  action  to  contest  an  assessment  levied  by  the  legislative  body  of  any 
municipality  under  the  terms  of  this  act  must  be  commenced  within  thirty  days 
after  the  entry  upon  the  minutes  of  such  legislative  body  of  the  resolution  pro- 


MUNICIPAL,   CORPORATIONS— IMPROVEMENT   OF    STREETS— ASSESSMENT.        045 

vided  for  in  the  preceding  section  hereof;  and  any  appeal  from  a  final  judgment 
in  such  an  action  must  be  perfected  within  thirty  days  after  the  entry  of  such 
Judgment. 

§  10.  After  the  expiration  of  thirty  days  from  the  passage  of  the  resolution 
provided  for  in  section  eight  hereof,  the  clerk  of  the  municipality  shall  transmit 
to  the  tax  collector  of  the  municipality  the  map  and  list  provided  for  in  subdi- 
visions five  and  six,  respectively,  of  section  four  hereof,  and  any  modification 
made  by  the  legislative  body  therein ;  provided,  however,  if  any  actions  have  been 
brought  within  thirty  days  after  the  passage  of  the  resolution  referred  to  in 
section  eight,  such  transmission  shall  be  postponed  until  such  actions  have  been 
finally  determined. 

§  11.  Upon  the  receipt  of  the  map  and  list  referred  to  in  the  last  preceding 
section,  the  tax  collector  of  the  municipality  shall  record  the  same  in  a  substantial 
book  to  be  kept  for  that  purpose  in  his  office.  Said  book  shall  also  be  ruled  with 
appropriate  columns,  in  which  the  tax  collector  shall  extend  the  amounts  of  all 
instalments  of  principal  and  interest  and  deferred  payments,  and  each  of  said 
columns  shall  be  provided  with  a  space  in  which  he  shall  make  record  of  the  fact 
and  date  of  all  payments  received  by  him ;  and  there  shall  also  be  a  column  in 
which  shall  be  entered  a  reference  by  volume  and  page  to  the  respective  agree- 
ments under  which  said  deferred  payments  are  made. 

§  12.  The  tax  collector  of  the  municipality  shall  thereupon  fix  a  day,  not  less 
than  thirty  nor  more  than  forty  days  from  the  date  of  the  receipt  by  him  of  the 
map  and  list  transmitted  to  him  under  the  provisions  of  section  ten  hereof,  which 
day  shall  be  the  last  day  for  cash  payments ;  and  also  shall  fix  a  day  for  the  sale 
of  the  various  parcels  of  land  within  said  district,  which  said  day  shall  be  not 
less  than  forty  nor  more  than  sixty  days  from  the  receipt  by  him  of  the  map  and 
list  transmitted  to  him  under  the  provisions  of  section  ten  hereof ;  notice  thereof 
shall  be  given  in  conformity  with  the  general  laws  of  the  state  of  California  pro- 
viding for  notice  of  sale  of  real  estate  upon  execution,  and  shall  be  posted  and 
published  in  the  same  manner  as  such  notices;  provided,  however,  that  the 
descriptions  of  the  various  parcels  need  not  be  set  out  at  length,  but  only  by  the 
respective  numbers  of  the  same,  as  the  same  appear  upon  the  assessment  and 
diagram,  which  shall  be  properly  referred  to  in  said  notice ;  which  shall  be  in  one 
writing,  containing  all  of  said  descriptions. 

§  13.  At  the  time  and  place  fixed  for  the  sale  of  said  property  by  the  terms 
of  the  notice  referred  to  in  the  last  section,  the  tax  collector  shall  sell  the  respec- 
tive parcels  of  land  within  said  district,  the  assessments  against  which  have  not 
been  paid  or  bonded  against  as  hereinafter  provided,  or  so  much  of  each  parcel 
as  shall  be  necessary  to  realize  the  amount  assessed  against  such  parcel  and  its 
proportion  of  the  expenses  of  sale,  in  the  order  of  their  numbers  upon  the  map 
provided  for  in  subdivision  five  of  section  four  hereof,  at  w^hich  sale  the  munici- 
pality may  be  a  purchaser;  provided,  however,  if  at  or  before  the  time  fixed  in 
the  notice  of  sale  the  owner  of  any  parcel  shall  file  with  the  tax  collector  a  written 
agreement,  waiving  all  objections,  of  whatsoever  kind  or  nature,  against  the 
assessment  and  all  proceedings  with  reference  to  the  same,  and  undertaking  to 
pay  the  assessment  on  his  parcel  in  yearly  instalments  not  to  exceed  ten  in  num- 

Gen.  Laws — 60 


946  MUNICIPAL.  CORPORATIONS — IMPROVEMENT   OF  STREETS — DELINQUENT  TAX. 

ber,  the  first  of  which  shall  be  paid  at  the  time  said  agreement  is  filed,  and  the 
others  annually  thereafter,  one  each  year,  at  the  time  when  the  first  instalment 
of  municipal  taxes  within  said  municipality  is  payable,  with  interest  on  all 

deferred  payments  at  the  rate  of per  centum  per  annum,  being  the  same 

rate  fixed  by  the  resolution  provided  for  in  section  five  above  for  deferred  pay- 
ments, payable  at  the  same  time  as  the  instalments  of  principal,  then,  and  in 
that  event,  the  tax  collector  shall  mark  upon  the  record  of  the  assessment,  opposite 
the  respective  descriptions  or  numbers  of  such  parcels,  mehioranda  to  the  efi'ect 
that  time  has  been  given;  said  waivers  and  undertakings  shall  be  taken  upon 
printed  forms  provided  by  the  tax  collector,  bound  in  a  substantial  book  and 
kept  among  the  records  of  his  office ;  said  agreements  shall  contain  a  provision  to 
the  effect  that  in  case  of  default  in  payment  of  any  instalment  of  principal  pro- 
vided for  therein,  or  interest  accrued  on  deferred  payments,  at  the  time  called 
for  by  said  agreements,  then,  in  that  event,  the  entire  remaining  unpaid  instal- 
ments shall  become  immediately  due  and  payable,  and  the  tax  collector  shall  then 
forthwith,  upon  twelve  days'  written  notice  mailed  to  the  last  known  address  of 
the  party,  sell  the  property  covered  by  the  delinquent  payment  to  realize  the 
entire  unpaid  balance  of  said  instalments,  with  accrued  interests,  and  costs  of 
sale ;  provided,  the  same  have  not  been  paid  before  the  expiration  of  said  twelve 
days.  At  such  sale  the  municipality  may  be  a  bidder ;  said  agreement  shall  pro- 
vide that  the  entire  unpaid  balance  may  be  paid  at  any  time  before  maturity, 
together  with  interest  on  all  deferred  payments,  until  the  date  of  maturity  of  the 
instalment  of  principal  next  falling  due. 

§  14.  The  tax  collector  shall  issue  for  each  sale  an  original  and  duplicate 
certificate  of  sale,  referring  to  the  proceedings,  describing  the  parcels  sold,  and 
containing  the  name  of  the  purchaser;  the  originals  he  shall  deliver  to  the  pur- 
chaser, and  the  duplicates  he  shall  keep  on  file  in  his  office  in  the  form  of  stubs 
in  a  certificate  book. 

§  15.  If  the  property  sold  as  provided  in  the  above  proceedings  be  not  re- 
deemed within  one  year  after  the  sale,  the  tax  collector  shall  then  issue  to  the 
party  named  in  the  original  certificate,  or  his  assignee,  a  deed  of  the  property 
described  in  said  certificate,  which  said  deeds  shall  refer,  in  general  terms,  to  the 
proceedings  under  which  the  same  is  issued,  and  shall  contain  a  description  of 
the  property,  following  the  description  in  the  certificate ;  the  grantee  of  such  deed 
is,  immediately  upon  receipt  thereof,  entitled  to  possession  of  the  property 
described  therein. 

§  16.  At  any  time  before  the  expiration  of  the  year  above  provided  for,  in 
which  redemption  may  be  made,  any  property  sold  under  the  provisions  of  the 
preceding  sections  may  be  redeemed  by  the  payment  to  the  tax  collector  of  the 
amount  for  which  the  property  was  sold,  with  an  additional  penalty  of  twenty- 
five  per  centum  of  the  amount  for  which  the  same  was  sold ;  all  redemption  money 
shall  be  paid  by  the  tax  collector  to  the  persons  holding  the  respective  original 
certificates  of  sale,  upon  their  delivering  up  the  same,  and  receipting  for  the 
amount  received  from  the  tax  collector  therefor. 

§  17.  The  said  funds  collected  by  the  tax  collector  under  the  proceedings 
herein  provided  for,  either  upon  voluntarj^  payment  or  as  the  result  of  sales,  shall 
be  paid  by  said  tax  collector,  as  fast  as  collected,  to  the  treasurer  of  said  niunici- 


MUNICIPAL    CORPORATIONS— LOCAL,    IMPROVEMENT    BONDS— FORM.  047 

pality,  who  shall  enter  the  same  in  a  special  fund  designated  by  reference  to  the 
number  of  the  proceeding,  and  shall  be  paid  out  only  for  purposes  provided  for 
in  this  act. 

§  18.  After  all  sales  above  provided  for  have  been  made,  the  tax  collector  shall 
report  to  the  legislative  body  of  the  municipality  the  amount  of  cash  collections 
and  the  amount  of  instalment  agreements  taken ;  at  any  time  thereafter  the  legis- 
lative body  may  order  bonds  issued  against  the  said  special  local  improvement 
fund,  in  such  denominations  and  on  such  terms,  not  to  exceed  ten  years,  and  at 
such  rate  of  interest,  not  to  exceed  seven  per  centum  per  annum,  as  they  shall 
have  designated  in  said  proceedings,  the  aggregate  of  such  bonds  not  to  exceed 
the  amount  of  the  instalment  agreements  taken,  as  above  set  forth;  the  form  of 
such  bonds  shall  be  substantially  as  follows : 

"LOCAL   IMPROVEMENT   BOND. 

**  District  No. . 

*'$ .  No. . 


''Under  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of  California 
(title  of  this  act)  the  (insert  the  legal  title  of  the  municipality)   out  of  the 

fund  hereinafter  referred  to,  will  pay  to  the  bearer  the  sum  of  $ United 

States  gold  coin  of  the  same  weight  and  fineness  as  that  now  issued  from  the 
mints  of  the  United  States  of  America,  with  interest  thereon,  in  like  gold  coin, 

at  the  rate  of per  centum  per  annum,  all  as  hereinafter  specified,  and  at 

the  office  of  the  treasurer  of  said  municipality. 

"This  bond  is  payable  exclusively  from  street  improvement  fund  number 

(here  insert  designation  of  special  fund,  as  same  is  identified  on  the  books 

of  the  treasurer  of  the  municipality,  as  provided  in  section  nineteen  of  this  act), 
and  neither  the  municipality  nor  any  officer  thereof  shall  be  holden  for  payment 
otherwise  of  its  principal  or  interest;  and  instalments  of  principal  and  interest 
accruing  hereon  shall  be  payable  out  of  any  moneys  in  said  fund  at  the  date  of 
their  maturity,  in  order  of  presentation,  and  shall  be  secured  by  all  agreements 
and  liens  provided  for  by  this  act  and  arising  out  of  the  improvement  to  which 

said  fund  relates.    The  term  of  this  bond  is years  from  its  date,  and,  at  the 

expiration  of  said  time,  the  whole  sum  then  unpaid  shall  be  due  and  payable; 
but  on  the  second  day  of  January  of  each  year  after  its  date,  an  even  annual 
proportion  of  its  whole  amount  is  due  and  payable,  upon  the  presentation  of  the 
coupon  therefor,  until  the  whole  is  paid,  with  all  accrued  interest,  at  the  rate  of 

per  centum  per  annum.    The  interest  is  payable  semiannually,  to  wit :   On 

the  second  days  of  January  and  July  in  each  year  hereafter,  upon  the  presenta- 
tion of  the  coupons  therefor,  the  first  of  which  is  for  the  interest  from  date  to 
the  next  second  day  of  ,  and  thereafter  the  interest  coupons  are  for  serai- 
annual  interest,  except  the  last,  which  is  for  interest  from  the  semiannual  pay- 
ment next  preceding  and  to  the  date  of  the  final  maturity  of  this  bond.  Should 
default  be  made  in  the  annual  payment  upon  the  principal,  or  in  any  payment 
of  interest,  the  holder  of  this  bond  is  entitled  to  declare  the  whole  unpaid  amount 
to  be  due  and  payable,  and  to  have  all  liens  and  agreements,  which  are  security 
for  said  fund  and  are  then  enforceable,  immediately  enforced  in  payment  thereof. 
The  principal  hereof  may  be  paid,  at  the  option  of  said  municipality,  at  any  time 
before  maturity.    Notice  of  such  redemption  must  be  published  by  the  treasurer 


»48  MUNICIPAL   CORPORATIONS— LOCAL,   IMPROVEMENT   BONDS— SALE    OF. 

of  said  municipality  once  in  some  newspaper  of  general  circulation,  published  in 
said  municipality,  or  at  the  county  seat  of  the  county  in  which  the  same  is  located, 
and,  at  the  expiration  of  one  month  from  said  publication,  interest  on  all  prin- 
cipal sums  covered  by  such  notice  shall  cease. 

"At  said  of the day  of  in  the  year  one  thousand  

hundred  and . 

"  (Insert  title  of  presiding  officer  of  the  legislative  body.) " 


"Treasurer  of  the  (name  of  the  municipality.)" 

Said  bonds  shall  be  signed  by  the  presiding  officer  of  the  legislative  body  of  the 
municipality  and  countersigned  by  the  treasurer  of  said  municipality,  and  the 
seal  of  the  municipality  shall  be  affixed  thereto.  Said  coupons  shall  be  signed  by 
the  treasurer  of  the  municipality,  and  his  signature  thereto  may  be  by  lithograph. 

Said  bonds  shall  then  be  sold  at  not  less  than  par  to  the  highest  bidder,  for  cash 
in  United  States  gold  coin ;  the  proceeds  shall  be  paid  into  the  said  special  local 
improvement  fund  in  the  treasurer's  hands. 

§  19.  At  any  time  after  the  funds  for  the  work,  or  any  part  of  the  work,  are 
actually  in  the  hands  of  the  treasurer,  the  legislative  body  may  let  the  contract, 
or  contracts,  for  such  work,  or  the  respective  parts  thereof ;  all  contracts  shall  be 
let  to  the  lowest  responsible  bidder,  after  notice  published  in  some  newspaper  of 
general  circulation  published  within  the  municipality,  for  tw^o  insertions,  a  week 
apart;  or  if  there  be  no  such  newspaper,  then  by  such  posting  as  the  legislative 
body  may  provide. 

Every  bid  shall  be  accompanied  by  the  certified  check  amounting  to  ten  per 
centum  of  the  bid,  payable  to  the  order  of  the  presiding  officer  of  the  legislative 
body  of  the  municipality,  and  the  same  shall  be  forfeited  to  the  municipality  in 
case  the  bidder  depositing  the  same  do  not,  within  ten  days  after  written  notice 
that  the  contract  has  been  awarded  to  him,  enter  into  a  contract  with  the  munici- 
pality for  the  work,  the  faithful  performance  of  which  shall  be  secured  by  an 
undertaking  in  such  penal  sum  as  the  legislative  body  shall  require,  and  with 
sureties  satisfactory  to  said  body;  when  such  contract  and  bond  have  been 
entered  into,  said  check  shall  be  returned  to  the  successful  bidder ;  the  unsuccess- 
ful bidders  shall  receive  their  checks  upon  notice  of  rejection  of  their  bids ;  and 
the  legislative  body  may  require,  and,  if  so,  it  must  be  stated  in  the  original  reso- 
lution and  petition  and  in  the  notice  for  bids,  that  the  contractor  to  whom  the 
work  is  awarded  shall  furnish  the  municipality  with  a  bond  in  such  sum  and 
with  such  responsible  surety  corporation  (legally  qualified  to  carry  on  business  in 
the  state  of  California),  as  guarantor,  as  shall  be  approved  by  said  legislative 
body,  conditioned  that  the  said  contractor  shall  maintain  free  from  all  defects, 
except  such  as  may  result  from  ordinary  wear  and  tear,  the  work  contracted 
for  and  performed  for  such  period  as  may  be  designated  by  said  legislative 
body. 

The  contract  must  provide  that  the  work  be  done,  and  the  work  must  be  done, 
.strictly  in  accordance  with  the  plans  and  specifications  provided  for  in  section 
four  of  this  act,  as  modified  by  the  resolution  provided  for  in  section  five  of  this 
act ;  the  contract  must  contain  provisions  making  it  comply  with  the  terms  of  all 
statutes  of  the  state  of  California  in  force  at  the  time  of  the  making  of  the  con- 
tract, with  reference  to  employment,  hours  and  wages  of  labor. 


MUNICIPAL.   CORPORATIONS— IMPROVEMENTS— SUPERVISION    OF   WORK.        94U 

The  work  must  be  done  under  the  supervision  of  the  superintendent  of  streets 
of  the  municipality,  or  such  deputy  or  deputies  as  the  legislative  body  shall 
appoint  for  the  purpose. 

No  work  shall  be  paid  for  until  it  has  been  accepted  by  the  legislative  body. 
"Whenever  the  contractor  desires  the  work  or  part  thereof  to  be  accepted  he  must 
make  written  application  to  that  effect  to  the  legislative  body  of  the  municipality. 
Upon  the  filing  of  such  application  for  acceptance,  the  clerk  of  the  municipality 
shall  give  at  least  five  days'  notice  by  publication  within  the  municipality  or  by 
posting  upon  the  premises  affected,  as  the  legislative  body  shall  determine,  that  at 
a  certain  time  to  be  named  in  said  notice  the  legislative  body  of  the  municipality 
will  hear  and  consider  any  objections  to  the  acceptance  of  the  work  or  part  of  the 
work  for  the  acceptance  of  which  said  contractor  has  made  such  application,  and 
only  after  such  hearing  shall  any  work  be  accepted.  If  upon  such  hearing  objec-- 
tions  to  the  acceptance  are  made  and  held  by  the  legislative  body  to  be  good,  the 
legislative  body  must  require  the  contractor  to  take  such  steps  as  will  remove 
such  objections,  and  in  the  event  of  his  failure  to  do  so  within  such  time  as  the 
legislative  body  shall  prescribe,  the  legislative  body  may  relet  such  portion  of  the 
work  and  charge  the  contractor  the  cost  thereof  together  with  all  expenses  inci- 
dent to  said  reletting,  and  retain  the  same  out  of  any  moneys  due  or  to  become  due 
to  him  under  the  contract,  and  also  hold  him  and  his  sureties  responsible  therefor 
upon  his  bond. 

The  work  must  be  commenced  and  completed  within  such  time  as  the  legislative 
body  shall  prescribe.  If  the  contractor  abandon  the  work,  or  fail  to  proceed  with 
the  same  as  rapidly  as  required  by  his  contract,  the  legislative  body  may  relet  the 
work  and  pay  the  cost  of  the  same  out  of  any  funds  due  or  to  grow  due  the  con- 
tractor, and  also  any  expenses  incidental  to  the  reletting,  and  also  hold  him  and 
his  sureties  responsible  for  the  same  upon  his  bond,  and  also  for  any  damages 
resulting  from  such  abandonment. 

§  20.  In  case  the  first  assessment  for  any  local  improvement  prove  insufficient, 
a  second  may  be  made  in  the  same  manner  as  nearly  as  may  be,  except  that  no 
protest  shall  be  entertained  upon  subject-matter  already  decided  in  the  first  hear- 
ing, and  so  on  until  sufficient  money  shall  have  been  realized  to  pay  for  sucli 
local  improvement. 

§  21.  If  at  any  time  an  assessment  for  any  local  improvement  shall  realize  a 
larger  sum  than  is  necessary  for  such  improvement,  the  excess  shall  be  refunded 
upon  warrant  on  the  treasurer,  authorized  by  the  legislative  body,  pro  rata,  to 
the  parties  by  whom  it  was  paid ;  and,  in  the  case  of  instalment  assessments,  shall 
be  credited  on  the  unpaid  instalments,  beginning  with  the  one  due  at  the  latest 
date. 

§  22.  All  special  asses.sments  levied  under  this  act  shall,  from  the  date  of  con- 
firmation as  provided  in  section  eight  hereof,  be  a  lien  upon  the  real  estate  upon 
which  they  are  imposed,  paramount  to  all  other  liens,  except  prior  assessments 
and  general  taxes,  and  such  lien  shall  continue  until  such  special  assessments  are 
paid ;  and  all  parties  shall  have  constructive  notice  of  such  lien  from  the  date  of 
entry  of  the  resolution  referred  to  in  section  eight  above. 

§  23.  Whenever  the  majority  of  frontage  between  any  two  consecutive  cross- 
ings upon  any  of  the  public  ways  mentioned  in  section  one  of  this  act,  has  been 


»50      MUNICIPAL    CORPORATIOJVS— IMPROVEMENTS— CONSECUTIVE    CROSSINGS. 

improved,  the  legislative  body  may  compel  the  remainder  of  said  frontage  between 
said  crossings  to  be  similarly  improved  without  other  proceedings  than  those 
provided  for  in  this  section  as  follows,  to  wit :  The  legislative  body  shall  pass  a 
resolution  ordering  said  work  to  be  done,  briefly  describing  the  work  and  the  prop- 
erty in  front  of  which  the  work  is  to  be  done,  and  fixing  a  time  when  objections 
to  the  doing  of  said  work  will  be  heard  by  said  legislative  body,  which  said  time 
shall  be  not  less  than  two  weeks  nor  more  than  thirty  days  from  the  date  of  the 
passage  of  the  resolution ;  at  least  ten  days  before  the  time  named  in  said  resolu- 
tion for  said  hearing  the  clerk  of  the  municipality  shall  mail  a  copy  of  said  reso- 
lution to  the  person  or  persons  to  whom  the  property  in  front  of  which  the  said 
work  is  to  be  done  is  assessed  upon  the  last  preceding  assessment  roll  of  such 
municipality,  at  their  addresses  if  known,  otherwise  addressed  to  them  care  of  the 
United  States  post-office  in  the  municipality,  shall  personally  serve  upon  the 
person  or  persons  in  possession  of  the  premises,  if  the  same  be  occupied,  and  shall 
post  a  copy  of  the  same  in  a  conspicuous  place  upon  the  said  premises,  and  the 
certificate  of  said  clerk  to  the  effect  that  said  mailing,  posting  and  service  has 
been  done  shall  be  filed  with  the  legislative  body  and  entered  upon  their  minutes, 
and  said  entry  shall  constitute  conclusive  evidence  of  the  facts  stated  in  said 
certificate ;  at  the  time  named  in  said  resolution  said  legislative  body  shall  meet 
and  consider  any  objections  which  may  be  made  to  the  doing  of  said  work;  if 
there  are  no  objections  or  if  the  legislative  body  overrule  the  same,  the  legislative 
body  shall  then  pass  a  resolution  ordering  said  work  to  be  done;  if  within  ten 
days  after  the  passage  of  the  last-named  resolution  satisfactory  evidence  be  not 
produced  to  the  legislative  body  that  the  said  work  is  to  be  immediately  done  by 
private  contract  the  legislative  body  may  advertise  for  bids  for  such  work  by 
such  publication  or  posting  as  they  shall  deem  necessary  and  let  the  work  to  the 
lowest  responsible  bidder,  and  pay  for  the  same  out  of  the  general  fund  or  any 
other  fund  available  for  the  purpose ;  the  entire  cost  of  such  work  together  with 
the  expenses  incidental  to  the  proceedings  therefor  shall  be  charged  against  the 
property  in  front  of  which  the  same  has  been  done ;  the  clerk  of  the  municipality 
shall  immediately  upon  the  completion  and  acceptance  of  the  work  file  an  item- 
ized statement  of  said  charge  with  the  recorder  of  the  county  in  which  the 
municipality  is  located,  and  thereupon  the  said  charge  shall  become  a  lien  upon 
the  property  affected,  which  said  lien  shall  relate  back  to  the  date  of  the  passage 
of  the  original  resolution  first  above  mentioned  and  shall  be  continued  upon  such 
property  until  the  same  is  paid  in  full  with  interest  at  seven  per  centum  from 
the  date  of  the  record  of  said  statement,  and  the  municipality  shall  have  power 
to  enforce  said  lien  by  foreclosure  suit  and  sell  said  property  for  the  satisfaction 
thereof. 

§  24.  This  act  shall  be  known  as  "The  Local  Improvement  Act  of  1901"  and 
shall  take  effect  and  be  in  force  upon  its  passage  and  approval. 

§25.  This  act  shall  in  nowise  affect  an  act  entitled  ''An  act  to  provide  for 
work  upon  streets,  lanes,  aUeys,  courts,  places  and  sidewalks,  and  for  the  con- 
struction of  sewers  within  municipalities,"  approved  March  eighteenth,  eighteen 
hundred  and  eighty-five,  or  amendments  thereto,  or  an  act  entitled  "An  act  to 
provide  a  system  of  street  improvement  bonds  to  represent  certain  assessments 
for  the  cost  of  street  work  and  improvement  within  municipalities,  and  also  for 
the  payment  of  said  bonds,"  approved  February  twenty-seventh,  eighteen  hun- 


MUNICIPAL,    CORPORATIONS— INDEBTEDNESS — ADJUSTING    AMOLNT    OF.         951 

dred  and  ninety-three;  or  any  of  said  acts;  but  is  intended  to  and  does  provide 
an  alternate  system  of  proceedings  for  public  improvements,  and  it  shall  be 
within  the  discretionary  power  of  the  legislative  body  of  any  municipality  to 
proceed  in  making  such  improvements,  either  under  the  provisions  of  this  act, 
or  under  the  provisions  of  the  other  said  acts,  but  when  any  proceedings  are 
commenced  under  this  act  the  provisions  of  this  act,  and  such  amendments 
thereto  as  may  hereafter  be  adopted,  and  no  other,  shall  thereafter  apply  to  all 
such  proceedings;  but  any  provision  contained  in  said  or  any  other  acts  in  con- 
flict with  provisions  hereof  shall  be  void  as  to  and  of  no  effect  upon  proceedings 
commenced  under  the  provisions  of  this  act. 

MUNICIPAL    CORPORATIONS— INDEBTEDNESS. 

Providing  for  the  adjustment,  settlement,  and  payment  of  any  indebtedness 
existing  against  any  city  or  municipal  corporation  at  the  time  of  exclusion 
of  territory  therefrom,  and  the  division  of  the  property  thereof. 

(Stats.  1893,  536,  ch.  CCXLIV.) 

§  1.  That  where  any  territory  has  been  or  shall  be  excluded  from  any  city 
or  municipal  corporation,  the  superior  court  of  the  county  in  which  such  city  or 
municipal  corporation  is  situate  shall,  upon  a  verified  petition  of  any  ten  tax- 
payers residing  in  such  city  or  municipal  corporation,  or  in  the  territory  ex- 
cluded, made  for  the  purpose  of  adjusting  the  amount  of  the  indebtedness  of 
such  city  or  municipal  corporation  existing  at  the  time  of  the  exclusion  of  such 
territory  due  from  the  excluded  territory,  and  stating  the  facts  of  such  exclusion 
and  the  amount  of  such  indebtedness,  cause  notice  to  be  given  by  publication 
thereof  in  a  newspaper  published  in  such  city  or  municipal  corporation,  or  in  a 
newspaper  published  in  the  county  in  which  such  city  or  municipal  corporation 
is  situated,  for  ten  days,  stating  the  substance  of  such  petition,  and  the  time 
and  place  that  the  same  shall  be  heard  by  said  superior  court,  which  time  of 
hearing  shall  be  at  least  fifteen  days  after  the  filing  of  such  petition,  or  at  any 
time  thereafter  to  which  such  hearing  may  be  continued  by  the  court. 

Any  person,  corporation,  or  taxpayer  interested  in  such  city  or  municipal 
corporation,  or  in  such  excluded  territory,  or  in  the  adjustment  and  settlement 
of  such  indebtedness,  may  demur  to  or  answer  said  petition.  The  rules  of  plead- 
ing and  practice  provided  by  the  Code  of  Civil  Procedure  which  are  not  in 
conflict  with  the  provisions  of  this  act,  are  hereby  made  applicable  to  the  special 
proceedings  herein  provided  for.  The  persons  so  demurring  or  answering  said 
petition  shall  be  the  defendants  to  said  special  proceedings,  and  the  signers  of 
the  petition  shall  be  the  plaintiffs. 

Upon  the  hearing  of  such  special  proceedings,  the  court  shall  have  power  to 
determine  the  amount  due  from  such  excluded  territory  to  the  city  or  municipal 
corporation  from  which  it  was  excluded  as  its  proportion  of  the  indebtedness  of 
such  city  or  municipal  corporation  existing  at  the  time  such  territory  was  ex- 
cluded. In  fixing  the  amount  due  from  such  excluded  territory,  the  said  court 
must  ascertain  and  find  the  purposes  for  which  the  said  indebtedness  was  cre- 
ated; the  manner  and  place  in  which  the  proceeds  of  said  indebtedness  were 
expended;  the  value  of  the  property  belonging  to  the  said  city  or  municipal 
corporation  at  the  time  of  such  exclusion;  the  a.ssessed  value  of  the  property 


DSa  MUNICIPAL    CORPORATIONS — INDEBTEDNESS— JUDGMENTS    AGAINST. 

situate  in  said  city  or  municipal  corporation  at  the  time  the  city  assessment  was 
made  immediately  preceding  such  exclusion,  and  the  assessed  value  of  the  ex- 
cluded territory  as  shown  by  such  city  assessment.  If  the  value  of  the  property 
belonging  to  said  city  or  municipal  corporation,  and  which  remains  within  the 
boundaries  thereof  after  such  exclusion,  should  exceed  the  value  of  city  or 
municipal  property  situated  in  such  excluded  territory,  and  also  exceed  the  pro 
rata  portion  of  the  indebtedness  of  the  city  or  municipal  corporation  due  from 
such  excluded  territory  as  shown  by  said  assessment,  the  court  shall  find  and 
adjudge  that  there  is  nothing  due  from  such  excluded  territory.  After  such 
finding  is  made,  and  judgment  rendered  by  the  court,  such  excluded  territory 
shall  not  be  subject  to  the  payment  of  any  such  indebtedness,  and  all  property 
belonging  to  such  city  or  municipal  corporation  remaining  within  its  boundaries 
shall  belong  exclusively  to  it. 

If  the  court  finds,  after  deducting  the  value  of  the  city  or  municipal  property 
from  the  value  of  that  in  the  excluded  territory,  and  the  pro  rata  portion  of  the 
indebtedness  to  be  borne  by  such  excluded  territory,  a  balance  due  from  such 
excluded  territory,  it  shall  render  judgment  accordingly,  and  the  amount  of 
such  judgment  shall  be  collected  and  paid  in  the  same  manner  and  at  the  same 
time  that  the  assessment  is  levied  for,  and  the  collection  of  the  annual  municipal 
taxes  is  made  upon  the  property  remaining  in  such  city  or  municipal  corpora- 
tion for  any  payment  on  account  of  such  indebtedness ;  provided,  however,  that 
any  such  territory  excluded  from  any  city  or  municipal  corporation  may,  at  any 
time,  tender  to  the  legislative  body  of  such  city  or  municipal  corporation  the 
amount  for  which  such  excluded  territory  is  liable  on  account  of  such  indebted- 
ness; and  after  such  tender  is  made  the  authority  of  such  city  or  municipal  cor- 
poration to  levy  and  assess  taxes  on  such  excluded  territory  sh^ll  forever  cease. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Johnson  vs.   City  San  Diego,   109   Cal.   468,  26,000    nor    more    than    30,000    to    vote    upon 

472.   42  Pac.  Rep.   249.   30  L.  R.  A.   178.  the  question  of  paying  certain  indebtedness 

Popular  Tote  as  to  paying  indebtedness. —  (1891,    8,    ch.    XII)    has    evidently  served   its 

An  act  authorizing  cities   of  not  less   than  purpose,  and  is  omitted. 

MUNICIPAL    CORPORATIONS-JUDGMENTS. 

Prescribing  how  judgments  which  may  be  recovered  against  any  city  and  county 
of  over  one  hundred  thousand  population  shall  be  paid. 

(Stats.  1895,  163,  ch.  CLIX.) 

§  1.  All  existing  judgments  against  any  city  and  county  of  over  one  hundred 
thousand  population  shall  be  paid  by  the  treasurer  of  such  city  and  county,  out 
of  the  or  any  general  fund  thereof,  after  the  same  shall  have  been  audited  by 
the  auditor,  auditing  officer,  board,  or  other  auditing  officer  or  officers,  and  it 
is  hereby  made  the  duty  of  the  board  of  supervisors  and  mayor  of  such  city  and 
county  to  include  in  the  tax  levy  for  any  fiscal  year  a  sum  sufficient  to  pay  exist- 
ing judgments. 

§  2.     This  act  shall  take  effect  and  be  in  force  immediately  after  its  passage. 

See   next   succeeding   statute. 


MUNICIPAL    CORPORATIONS— JUDGMENTS    AGAINST— PAYMENT.  053 

MUNICIPAL    CORPORATIONS— JUDGMENTS. 

To  provide  for  the  payment  of  judgments  against  counties,  cities,  cities  and 

counties,  and  towns. 

(Stats.  1901,  794,  ch.  CCXXXVI.) 

§  1.  All  final  judgments  now  existing  or  that  may  be  obtained  hereafter 
against  any  county,  city  and  county,  city,  or  town  of  the  state  of  California, 
shall  be  paid  by  the  treasurer  of  such  county,  city  and  county,  or  town,  as  here- 
inafter provided. 

§  2.  It  shall  be  the  duty  of  the  county  clerk  to  file  with  the  auditor  and  to 
furnish  the  board  of  supervisors,  town  trustees,  or  other  board  or  body  author- 
ized by  law  to  levy  taxes,  a  complete  list  of  all  the  existing  final  judgments 
against  such  county,  city  and  county,  city,  or  town,  of  record  in  his  office,  at 
least  fifteen  days  before  the  day  on  which  any  tax  levy  must  by  law  be  made. 

§  3.  It  shall  be  the  duty  of  the  auditor  to  examine  and  audit  the  final  judg- 
ments so  reported  by  the  county  clerk,  and  to  certify  the  amount  of  such  final 
judgments  to  the  treasurer  within  five  (5)  days  from  the  day  on  which  such  list 
of  final  judgments  is  filed  with  him.  Thereupon,  the  board  of  supervisors,  city 
council,  town  trustees,  or  other  board  of  [or]  officers,  as  the  case  may  be,  having 
authority  to  levy  taxes  upon  the  taxable  property  of  such  county,  city  and 
county,  city,  or  town,  must  include  in  the  tax  levy  for  the  next  fiscal  year  a  rate 
or  sum  sufficient  to  pay  all  final  judgments  existing  against  such  county,  city 
and  county,  city,  or  town.  The  omission  to  include  the  amount  of  any  existing 
final  judgment  in  the  tax  levy  for  any  year,  shall  not  of  itself  invalidate  the  tax 
levy  as  made,  but  such  omission  or  omissions  must  be  included  in  the  next  tax 
levy;  provided,  that  the  board  of  supervisors  or  other  board  or  officers  having 
authority  to  levy  taxes  may  provide  for  the  payment  of  such  final  judgments 
when  so  audited  by  including  in  the  tax  levy  for  the  next  fiscal  year  an  aliquot 
part  or  fraction  of  the  amount  of  such  judgments,  and  thereupon  the  treasurer 
shall  pay  to  each  judgment  creditor  a  like  aliquot  part  or  fraction  of  the  amount 
of  the  judgment  of  the  creditor,  and  thereafter  a  like  aliquot  part  or  fraction  of 
the  amount  of  such  judgments  shall  be  levied  and  paid  each  successive  year  until 
the  whole  thereof  shall  be  fully  paid ;  but  such  fractional  levy  and  payment  shall 
in  no  case  be  less  than  one  tenth  (Vio)  of  the  whole  amount  of  such  judgments. 

§  4.     This  act  shall  take  effect  immediately. 

MUNICIPAL  CORPORATIONS— LIGHT. 

To  provide  for  the  lighting  of  public  streets,  lanes,  alleys,  courts  and  places  in 
municipalities,  and  for  the  assessment  of  the  costs  and  expenses  thereof  upon 
the  property  benefited  thereby. 

(Stats.  1905,  564,  ch.  CDXIX.) 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the  city  coun- 
cil of  any  municipality  in  the  state  shall  have  full  power  and  authority  to  order 
poles,  posts,  wires,  pipes,  conduits  and  lamps,  or  any  of  said  appliances,  or  any 
other  suitable  and  necessary  appliances,  to  be  installed  in  and  along  the  whole 
or  any  part  of  any  public  street,  lane,  alley,  court  or  place  in  such  municipality, 


854     MUNICIPAL.  CORPORATIONS — LIGHTING  STREETS,  ETC. — INSTALLING  PLANT. 

for  the  purpose  of  lighting  the  same ;  also  to  order  appliances  in  and  along  the 
same,  installed  under  this  act,  or  otherwise  installed  and  owned  or  controlled  by 
such  municipality,  to  be  maintained;  and  also  to  order  gas,  electric  current,  or 
other  illuminating  agent,  to  be  furnished  for  such  lighting:  in  the  manner  and 
under  the  proceedings  hereinafter  described. 

§  2.  Before  ordering  any  improvement  to  be  made,  which  is  authorized  by 
section  one  of  this  act,  the  city  council  shall  adopt  a  resolution  declaring  its 
intention  to  do  so,  briefly  describing  the  proposed  improvement,  which  may 
include  the  whole  or  any  part  of  one  or  more  streets,  lanes,  alleys,  courts  or 
places,  and  specifying  the  exterior  boundaries  of  the  district  to  be  benefited  by 
said  improvement  and  to  be  assessed  to  pay  the  cost  and  expenses  thereof,  and 
to  be  known  as  the  assessment  district.  Said  proposed  improvement  may  include 
any  or  all  of  the  different  kinds  of  work  mentioned  in  section  one  of  this  act; 
provided,  however,  that  the  maintenance  of  appliances  or  the  furnishing  of  gas, 
electric  current  or  other  illuminating  agent,  shall  be  for  a  period  stated  in  the 
resolution  of  intention,  but  not  exceeding  two  years.  The  city  council  shall  also, 
in  the  same  resolution,  refer  the  proposed  improvement  to  the  city  engineer,  if 
there  be  one,  and  if  not,  to  some  competent  person  employed  by  the  municipality 
for  the  purpose  and  named  in  said  resolution,  and  direct  him  to  make  and  file 
with  the  clerk  of  the  city  council  a  report  in  writing  presenting  the  following : 

1.  Plans  and  specifications  for  the  work  required  in  order  to  make  said  im- 
provements ; 

2.  An  estimate  of  the  cost  of  said  improvement  and  of  the  incidental  expenses 
in  connection  therewith; 

3.  A  diagram  showing  the  district  above  referred  to,  and  also  the  boundaries 
and  dimensions  of  the  respective  subdivisions  of  the  land  within  said  district, 
each  of  which  subdivisions  shall  be  given  a  separate  number  in  red  ink  upon 
said  diagram. 

4.  A  proposed  assessment  of  the  total  amount  of  the  costs  and  expenses  of  the 
proposed  improvement  upon  the  several  subdivisions  of  land  in  said  district  in 
proportion  to  the  estimated  benefits  to  be  received  by  such  subdivisions,  respect- 
ively, from  said  improvement.  Said  assessment  shall  refer  to  such  subdivisions 
upon  said  diagram  by  the  respective  red  ink  numbers  thereof,  and  shall  show 
the  names  of  the  owners,  if  known,  otherwise  designating  them  as  unknown. 
No  mistake  in  the  name  of  the  owner  of  any  parcel  of  land  shall  affect  the  valid- 
ity of  the  assessment  thereon. 

In  any  municipality  having  a  board  of  public  works  created  by  its  charter  or 
by  law,  the  proposed  improvement  shall  be  referred  to  said  board,  and  the  report 
provided  for  herein  shall  be  made  by  said  board. 

§  3.  Upon  the  filing  of  the  report  provided  for  in  section  two  of  this  act,  the 
said  clerk  shall  present  the  same  to  the  city  council  for  consideration,  and  said 
council  may  modify  the  same  in  any  respect,  and,  in  case  of  any  such  modifi- 
cation, the  report  as  modified  shall  stand  as  the  report  for  the  purpose  of  all 
subsequent  proceedings.  Thereafter  the  council,  by  resolution,  shall  appoint  a 
time  and  place  for  hearing  protests  in  relation  to  the  proposed  improvement, 
which  time  shall  not  be  less  than  twenty  days  from  the  date  of  the  passage  of 
said  resolution,  and  shall  direct  the  clerk  of  the  city  council  to  give  notice  of 


MUNICIPAL    CORPORATIONS — LIGHTING    STREETS,    ETC.— OBJECTIONS.  ©55 

said  hearing,  and  shall  designate  the  newspaper  in  which  such  notice  shall  be 
published. 

§  4.  After  the  passage  of  the  resolution  mentioned  in  section  three  of  this 
act,  the  clerk  of  said  city  council  shall  cause  to  be  conspicuously  posted  along 
all  streets  and  parts  of  streets  within  the  assessment  district  described  in  the 
resolution  of  intention,  at  not  more  than  three  hundred  feet  in  distance  apart, 
notices  (not  less  than  three  in  all),  of  the  passage  of  said  resolution  of  intention 
and  of  the  filing  of  said  report.  Said  notices  shall  be  headed  "Notice  of  Local 
Improvement,"  in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible 
characters,  and  shall  state  the  fact  and  date  of  the  passage  of  said  resolution  of 
intention  and  of  the  filing  of  said  report,  and  the  date  set  for  the  hearing  of 
said  protests,  and  briefly  describe  the  improvement  proposed,  and  refer  to  said 
resolution  and  report  for  further  particulars.  He  shall  also  cause  a  notice  sim- 
ilar in  substance  to  be  published  for  a  period  of  two  days  in  a  daily  newspaper 
published  and  circulated  in  said  municipality,  and  designated  by  said  city 
council  for  that  purpose,  or  if  there  is  no  daily  newspaper  in  said  municipality, 
then  by  two  successive  insertions  in  a  w'eekly  paper,  so  published,  circulated  and 
designated.  Said  notices  must  be  posted  and  published,  as  above  provided,  at 
least  ten  days  before  the  date  set  for  the  hearing  of  said  protests. 

§  5.  Any  person  interested,  objecting  to  said  improvement,  or  to  the  extent 
of  the  assessment  district,  or  to  the  proposed  assessment  provided  for  in  section 
two  of  this  act,  may  file  a  written  protest  with  the  clerk  of  the  city  council  at  or 
before  the  time  set  for  the  hearing  referred  to  in  section  three  hereof.  The  clerk 
shall  indorse  on  every  such  protest  the  date  of  its  reception  by  him,  and  at  the 
time  appointed  for  the  hearing  above  provided  for,  shall  present  to  said  city 
council  all  protests  so  filed  with  him.  If  such  protests  are  against  said  improve- 
ment and  said  city  council  finds  that  the  same  are  signed  by  the  owners  of  a 
majority  of  the  frontage  of  the  property  fronting  on  streets  or  parts  of  streets 
within  said  assessment  district,  all  further  proceedings  under  said  resolution  of 
intention  shall  be  barred  and  no  new  resolution  of  intention  for  the  same  im- 
provement shall  be  passed  within  six  months  after  the  presentation  of  such  pro- 
tests to  the  city  council,  unless  the  owners  of  a  majority  of  the  frontage  of  the 
property  fronting  on  streets  or  parts  of  streets  within  said  assessment  district 
shall  in  the  mean  time  petition  therefor.  If  such  protests  are  against  the 
improvement  and  the  council  finds  that  they  are  not  signed  by  the  owners  of 
a  majority  of  the  frontage  of  the  property  fronting  on  streets  or  parts  of 
streets  within  the  assessment  district,  or  if  such  protests  are  against  the  extent 
of  the  assessment  district,  the  council  shall  hear  said  protests  at  the  time  ap- 
pointed therefor,  as  above  provided,  or  at  any  time  to  which  the  hearing  thereof 
may  be  adjourned,  and  pass  upon  the  same,  and  its  decision  shall  be  final  and 
conclusive,  and  if  such  protests  are  sustained  the  proceeding  shall  be  abandoned, 
but  may  be  renewed  at  any  time,  and  if  such  protests  are  denied,  the  proposed 
assessment  shall  be  confirmed.  If  such  protests  are  against  the  proposed  assess- 
ment, the  council  shall  hear  said  protests  at  the  time  appointed  therefor  as  above 
provided,  or  at  any  time  to  wdiich  the  hearing  thereof  may  be  adjourned,  and 
may  confirm,  modify  or  correct  said  proposed  assessment. 

When,  upon  the  hearing,  said  proposed  assessment  is  confirmed,  modified  or 
corrected,  or  in  case  no  protests  are  filed,  the  report  provided  for  in  section  two 


956  MUNICIPAL.   CORPORATIONS— LIGHTING    STREETS,    ETC. — ASSESSMENT. 

hereof  shall  be  adopted  as  a  whole,  with  any  modifications  or  corrections  that 
have  been  made  therein,  and  the  city  council  shall  by  resolution  order  said  pro- 
posed improvement  to  be  made,  and  declare  its  action  upon  said  report  and 
assessment,  which  resolution  shall  be  final  and  conclusive  on  all  persons,  and  the 
assessment  shall  be  thereby  levied  upon  the  respective  subdivisions  of  land  in 
the  assessment  district. 

§  6.  The  validity  of  an  assessment  levied  under  this  act  shall  not  be  contested 
in  any  action  or  proceeding  unless  the  same  is  commenced  within  thirty  days 
after  the  time  said  assessment  is  levied,  and  any  appeal  from  a  final  judgment  in 
such  an  action  or  proceeding  must  be  perfected  within  thirty  days  after  the 
entry  of  such  judgment. 

§  7.  Upon  the  passage  of  the  resolution  provided  for  in  section  five  hereof, 
the  clerk  of  said  city  council  shall  transmit  to  the  tax  collector  of  the  municipal- 
ity, the  diagram  and  assessment  provided  for  in  subdivisions  three  and  four  of 
section  two  hereof,  and  any  modifications  or  corrections  thereof  made  by  said 
city  council. 

§  8.  Upon  the  receipt  of  the  diagram  and  assessment  referred  to  in  the  last 
preceding  section,  the  tax  collector  of  the  municipality  shall  record  the  same  in 
a  substantial  book,  to  be  kept  for  that  purpose,  in  his  office,  and  shall  thereupon 
fix  a  day  not  less  than  twenty,  nor  more  than  thirty,  days  from  the  date  of  the 
receipt  by  him  of  said  diagram  and  assessment  after  which  all  assessments 
unpaid  shall  become  delinquent  and  ten  per  centum  shall  be  added  to  the  amount 
thereof,  and  shall  also  fix  a  day  for  the  sale  of  the  various  parcels  of  land  within 
said  district  upon  which  the  assessments  are  unpaid,  which  said  date  shall  be 
not  less  than  fifty  days  nor  more  than  sixty  days  from  the  date  of  the  receipt 
by  him  of  said  diagram  and  assessment. 

§  9.  Notice  of  the  sale  of  property  upon  which  the  said  assessments  are  delin- 
quent shall  be  given  by  said  tax  collector  by  posting  and  publication  in  the 
manner  now  provided  by  the  general  laws  of  the  state  of  California,  for  giving 
notice  of  sale  of  real  estate  upon  execution,  provided,  however,  that  the  descrip- 
tions of  the  various  parcels  of  land  need  not  be  set  out  at  length,  but  only  by 
the  respective  numbers  of  the  same  as  they  appear  upon  the  assessment  and 
diagram,  which  shall  be  properly  referred  to  in  said  notice,  and  said  descriptions 
shall  all  be  contained  in  one  notice.  At  the  time  and  place  fixed  for  the  sale  of 
said  property  the  tax  collector  shall  separately  sell  the  respective  parcels  of 
land  within  said  district  the  assessments  against  which  have  not  been  paid,  or 
so  much  of  each  parcel  as  shall  be  necessary  to  realize  the  amount  assessed 
against  said  parcel,  said  ten  per  centum  penalty  for  delinquency,  and  its  propor- 
tion of  the  expenses  of  sale,  in  the  order  of  their  numbers  upon  said  diagram. 
At  said  sale  the  municipality  may  be  a  purchaser. 

§  10.  The  tax  collector  shall  issue  for  each  sale  an  original  and  a  duplicate 
certificate  of  sale,  referring  to  the  proceedings,  describing  the  parcel  sold,  and 
giving  the  name  of  the  purchaser  and  the  amount  for  which  said  parcel  was 
sold.  The  original  certificate  he  shall  deliver  to  the  purchaser,  and  the  dupli- 
cate he  shall  keep  on  file  in  his  office  in  the  form  of  a  stub  in  the  certificate  book. 

§  11.  At  any  time  before  the  expiration  of  one  year  from  the  date  of  the 
sale,  any  property  sold  under  the  provisions  of  the  preceding  sections  may  be 


MUNICIPAIi    CORPORATIONS — LIGHTING     STREETS,     ETC.  957 

redeemed  by  the  payment  to  the  tax  collector  of  the  amount  for  which  the  prop- 
erty was  sold,  with  an  additional  penalty  of  twenty-five  per  centum  of  said 
amount.  Said  redemption  money  shall  be  paid  by  the  tax  collector  to  the  person 
holding  the  original  certificate  of  sale  upon  his  delivering  up  the  same  and 
receipting  for  the  amount  received  from  the  tax  collector  therefor.  Upon  re- 
demption of  any  parcel  of  land  the  tax  collector  shall  enter  the  fact  and  date 
of  such  redemption  upon  the  duplicate  certificate  of  sale  thereof. 

§  12.  If  the  property  is  sold,  and  is  not  redeemd  within  said  period  of  one 
year  from  the  date  of  the  sale,  the  tax  collector  shall  execute  to  the  person  named 
in  the  original  certificate,  or  to  his  assignee,  a  deed  of  the  property  described 
in  said  certificate,  which  said  deed  shall  refer  in  general  terms  to  the  proceedings 
under  which  the  same  is  issued,  and  shall  contain  a  description  of  the  property. 
Such  deed  shall  convey  title  in  fee  to  said  property,  and  the  grantee  is  immedi- 
ately, upon  the  receipt  thereof,  entitled  to  possession  of  the  property  described 
therein. 

§  13.  The  funds  collected  by  the  tax  collector  under  the  proceedings  herein 
provided  for,  either  upon  voluntary  payment,  or  as  the  result  of  sales,  shall  be 
paid  by  said  tax  collector,  as  fast  as  collected,  to  the  treasurer  of  said  munici- 
pality, who  shall  place  the  same  in  a  special  fund  designated  by  the  number  or 
name  of  the  proceeding,  and  payments  shall  be  made  out  of  said  special  fund 
only  for  the  purposes  provided  for  in  this  act.  To  expedite  the  making  of  any 
such  improvement,  the  city  council  may  at  any  time  transfer  into  said  special 
fund,  out  of  any  money  in  the  general  fund,  such  sums  as  it  may  deem  necessary, 
and  the  sums  so  transferred  shall  be  deemed  a  loan  to  such  special  fund  and 
shall  be  repaid  out  of  the  proceeds  of  the  assessments  provided  for  in  this  act. 

§  14.  At  any  time  after  the  funds  for  the  work,  or  any  part  of  the  work, 
shall  be  in  the  hands  of  said  treasurer,  the  city  council  may  let  the  contract  or 
contracts  for  such  work,  or  the  respective  parts  thereof.  Every  such  contract 
shall  be  let  to  the  lowest  responsible  bidder,  after  notice  published  by  two 
insertions  in  some  newspaper  published  in  such  municipality  and  designated 
by  the  city  council  for  that  purpose,  or  if  there  be  no  such  newspaper,  then  by 
such  posting  as  the  city  council  may  provide. 

Every  bid  shall  be  accompanied  by  a  certified  check,  amounting  to  ten  per 
centum  of  the  bid,  payable  to  the  order  of  the  clerk  of  said  city  council,  and  the 
same  shall  be  forfeited  to  the  municipalitj^  in  case  the  bidder  depositing  the 
same  does  not,  within  ten  days  after  written  notice  that  the  contract  has  been 
awarded  to  him,  enter  into  a  contract  with  the  municipality  for  the  work,  the 
faithful  performance  of  which  shall  be  secured  by  an  undertaking  in  such  penal 
sum  as  the  city  council  shall  require,  with  sureties  satisfactory  to  said  council. 

The  contract  must  provide  that  the  work  shall  be  done,  and  the  work  must 
be  done,  strictly  in  accordance  with  the  plans  and  specifications  contained  in 
the  report  provided  for  in  sections  two  and  three  of  this  act.  The  work  must 
be  done  under  the  supervision  of  the  board,  officer  or  person  by  whom  the  report 
provic3d  for  in  section  two  of  this  act  was  made,  and  no  work  shall  be  paid  for 
until  it  has  been  accepted  by  said  board,  officer  or  person  and  by  said  city  council. 

If  the  contractor  abandons  the  work  or  fails  to  proceed  with  the  same  as 
rapidly  as  required  by  his  contract,  the  said  city  council  may  relft  the  work 


058       MUNICIPAL.   CORPORATIONS— LIGHTIIVG   STREETS— SPECIAL   ASSESSMENT. 

in  the  same  manner  as  in  the  ease  of  the  first  letting  thereof,  and  retain  the 
cost  of  the  same,  and  also  any  expense  incidental  to  the  reletting,  out  of  any 
funds  due  or  to  become  due  to  the  contractor,  and  also  hold  him  and  his  sureties 
responsible  for  such  cost  and  expense,  and  for  any  damages  resulting  from  such 
abandonment  or  failure  upon  his  bond. 

§  15.  In  case  the  first  assessment  for  any  improvement  provided  for  in  this 
act  proves  insufficient,  a  supplemental  assessment  may  be  made  to  raise  the 
deficit,  in  the  same  manner  as  nearly  as  may  be,  as  the  first  assessment,  except 
that  protests  may  only  be  made  to  such  supplemental  assessment,  and  so  on 
until  sufficient  money  shall  have  been  realized  to  pay  for  such  improvement. 

§  16.  If  at  any  time  an  assessment  for  any  such  improvement  shall  realize 
a  larger  sum  than  is  necessary  therefor,  the  excess  shall  be  refunded  pro  rata 
to  the  parties  by  whom  it  was  paid. 

§  17.  Every  special  assessment  levied  under  this  act  shall,  from  the  date 
of  the  levy  thereof,  be  a  lien  upon  the  land  upon  which  it  is  levied  paramount 
to  all  other  liens,  except  prior  assessments  and  taxation,  and  such  lien  shall  con- 
tinue until  such  special  assessment  is  paid,  or  until  the  property  is  sold  and  a 
deed  is  made  therefor  to  the  purchaser  as  hereinbefore  provided,  and  all  parties 
shall  have  constructive  notice  of  such  lien  from  the  date  of  the  passage  of  the 
resolution  referred  to  in  section  five  hereof. 

§  18.  The  following  words  and  phrases  shall,  where  used  in  this  act,  have 
the  following  meanings: 

(1)  The  term  "improvement"  includes  all  work  and  improvements  mentioned 
in  section  one  of  this  act. 

(2)  The  terms  "municipality"  and  "city"  include  every  incorporated  city, 
city  and  county,  or  other  corporation  organized  for  municipal  purposes. 

(3)  The  terms  "city  council"  and  "council"  include  any  body  or  board  in 
which  by  law  is  vested  the  legislative  power  of  any  city. 

(4)  The  terms  "treasurer"  and  "city  treasurer"  include  any  person  or  officer 
who  has  charge  and  makes  payments  of  the  city  funds. 

(5)  The  term  "city  engineer"  includes  any  person  or  officer  who  has  charge 
of  the  surveying  and  engineering  work  of  said  city. 

§  19.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  tit.  Gas  Companies. 

MUNICIPAL  CORPORATIONS— MAPS. 

Requiring  the  recording  of  maps  of  cities,  towns,  additions  to  cities  or  towns,  or 
subdivisions  of  lands  into  small  lots  or  tracts  for  the  purposes  of  sale,  and 
providing  a  penalty  for  the  selling  or  offering  for  sale  any  lots  or  tracts 
in  cities,  towns,  additions  to  cities,  towns,  subdivisions,  or  additions  thereto, 
before  such  maps  are  filed  and  recorded. 

(Stats.  1893,  96,  ch.  LXXX;  amended  1901,  288,  ch.  CXXIV.) 

§  1.  Whenever  any  city,  town,  or  subdivision  of  land  into  lots,  or  any  addi- 
tion to  any  city,  town,  or  such  subdivision,  shall  be  laid  out  into  lots  for  the 
purposes  of  sale,  the  proprietor  or  proprietors  thereof  shall  cause  to  be  made 
out  an  accurate  map  or  plat  thereof,  particularly  setting  forth  and  describing, — 


MUNICIPAL.    CORPORATIONS— MAPS— ORDINANCES.  058 

First.  All  the  parcels  of  ground  within  such  city,  town,  addition,  or  subdi- 
vision reserved  for  public  purposes,  by  their  boundaries,  courses,  and  extent, 
whether  they  be  intended  for  avenues,  streets,  lanes,  alleys,  courts,  commons,  or 
other  public  uses;  and. 

Second.  All  lots  intended  for  sale,  either  by  number  or  letter,  and  their  pre- 
cise length  and  width. 

§  2.  Such  map  or  plat  shall  be  acknowledged  by  the  proprietor,  or  if  any 
incorporated  company,  by  the  chief  officer  thereof,  before  some  officer  authorized 
by  law  to  take  the  acknowledgment  of  conveyances  of  real  estate. 

§  3.  The  map  or  plat  so  made,  acknowledged,  and  certified  shall  be  presented 
to  the  governing  body  having  control  of  the  streets,  roads,  alleys,  and  highways 
in  the  territory  shown  on  the  map  or  plat,  and  said  governing  body  shall  indorse 
thereon  which  streets,  roads,  alleys,  and  highways,  offered  by  said  map  or  plat, 
they  accept  on  behalf  of  the  public,  and  thereupon  such  streets,  roads,  alleys, 
and  highways,  only  as  have  been  thus  accepted,  shall  be  and  become  dedicated 
to  public  use.  When  so  indorsed,  and  not  before,  said  map  or  plat  shall  be 
recorded  in  the  office  of  the  county  recorder  of  the  county  in  which  the  city, 
town,  addition,  or  subdivision  is  situated,  in  a  book  kept  for  that  purpose.  The 
map  or  plat  shall  be  not  more  than  thirty-six  inches  by  thirty-six  inches  in  size, 
and  shall  be  drawn  in  all  details  clearly  and  legibly,  and  if  not  so  drawn  may  be 
refused  by  the  county  recorder.  "When  such  map  or  plat  is  presented  to  be 
recorded  the  county  recorder  shall  paste  the  same  securely  in  a  book  of  maps, 
and  it  shall  then  be  deemed  to  have  been  recorded  under  the  provisions  of  this 
act.     [Amendment,  Stats.  1901,  288.] 

§  4.  Every  person  who  sells  or  offers  for  sale  any  lot  within  any  city,  town, 
subdivision,  or  addition,  before  the  map  or  plat  thereof  is  made  out,  acknowl- 
edged, filed,  as  herein  provided,  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  and  not 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  to 
exceed  six  months,  or  both  such  fine  and  imprisonment. 

MUNICIPAL  CORPORATIONS— ORDINANCES. 

To  require  ordinances  and  resolutions  passed  by  the  city  council  or  other  legis- 
lative body  of  any  municipality  to  be  presented  to  the  mayor  or  other  chief 
executive  officer  of  such  municipality  for  his  approval. 

(Stats.  1897,  190,  ch.  CXXIX.) 

§  1.  Every  ordinance  and  every  resolution  of  the  city  council  of  any  munici- 
pality providing  for  any  specific  improvement,  or  the  granting  of  any  franchise, 
or  other  privilege,  or  affecting  real  property  interests,  or  the  expenditure  of 
more  than  one  hundred  dollars  of  the  public  moneys,  or  levying  tax  or  assess- 
ment, or  establishing  rates  for  artificial  light,  and  every  ordinance  or  resolution 
imposing  a  duty  or  penalty,  which  shall  have  passed  the  city  council,  shall,  before 
it  takes  effect,  be  presented  to  the  mayor  for  his  approval.  The  mayor  shall 
return  such  ordinance  or  resolution  to  the  city  council  within  ten  days  after 
receiving  it.  If  he  approve  it  he  shall  sign  it,  and  it  shall  then  take  effect.  If 
he  disapprove  it  he  shall  specify  his  objections  thereto  in  writing.  If  he  do 
not    return    it    with    such    disapproval    within    the    time    above    specified,    it 


960  srcxicrPAi.  corporatioxs— parks  a>d  boulevards. 

shall  take  effect  as  if  lie  had  approved  it.  The  objections  of  the  mayor  shall  be 
entered  at  large  on  the  journal  of  the  city  council,  and  the  city  council  shall 
cause  the  same  to  be  immediately  published.  The  city  council  shall,  after  five, 
and  within  thirty  days  after  such  ordinance  or  resolution  shall  have  been  re- 
turned with  the  mayor's  disapproval,  reconsider  and  vote  upon  the  same:  and 
if  the  same  shall,  upon  reconsideration,  be  again  passed  by  the  affirmative  vote 
of  not  less  than  three  fourths  of  all  the  members,  the  presiding  officer  shall  cer- 
tify that  fact  on  the  ordinance  or  resolution,  and  when  so  certified,  it  shall  take 
effect  as  if  it  had  received  the  approval  of  the  mayor;  but  if  the  ordinance  or 
resolution  shall  fail  to  receive  upon  the  first  vote  thereon  after  its  return  with 
the  mayor's  disapproval,  the  affirmative  votes  of  three  fourths  of  all  the  mem- 
bers, it  shall  be  deemed  finally  lost.  The  vote  on  such  reconsideration  shall  be 
taken  by  ayes  and  noes,  and  the  names  of  the  members  voting  for  or  against  the 
same  shall  be  entered  in  the  journal;  provided,  that  the  provisions  of  this 
section  shall  not  apply  to  cities  in  which  the  mayor  is  a  member  of  the  city 
council,  or  other  governing  body. 

§2.  The  word  "municipality,"  and  the  word  "city,"  as  used  in  this  act, 
shall  be  understood  and  so  construed  as  to  include,  and  is  hereby  declared  to 
include,  all  corporations  heretofore  organized  and  now  existing,  and  those  here- 
after organized,  for  municipal  purposes. 

§  3.  The  term  "city  council"  is  hereby  declared  to  include  any  body  or  board 
which,  under  the  law.  is  the  legislative  department  of  the  government  of  any  city. 

§  4.  In  municipalities  in  which  there  is  no  mayor,  then  the  duties  imposed 
upon  said  officer  by  the  provisions  of  this  act  shall  be  performed  by  the  president 
of  the  board  of  trustees,  or  other  chief  executive  officer  of  the  municipality. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage, 
and  all  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Held  not  to  affect  cities  having  charters. — See  Morton  vs.  Broderick,  118  CaL  474,  4S6, 
50  Pac.  Rep.  644. 

MTJNICIPAL  CORPORATIONS— PARKS— BOULEVARDS. 

To  authorize  cities  and  towns  owning  public  parks  outside  of  their  limits,  to  lay 
out,  construct,  and  maintain  roads,  streets,  and  boulevards  from  the  bound- 
aries of  such  cities  or  towns  to,  into,  and  through  such  parks,  and  to  acquire 
lands  for  that  purpose. 

(Stats.  1897,  45,  ch.  XLIX.) 

§  1.  It  shall  be  lawful  for  the  council,  board  of  trustees,  or  other  governing 
body  of  any  city  or  town,  to  lay  out,  open,  construct,  and  cause  to  be  constructed, 
maintain  and  control  all  roads,  streets,  and  boulevards,  which  may  be  necessary 
or  requisite  for  the  purpcse  of  connecting  such  city  or  town  with  any  public 
park  situated  wholly  or  partly  outside  of  the  limits  of  such  city  or  town,  of 
which  it  shall  be  the  owner,  and  to  acquire  by  gift,  purchase,  or  condemnation, 
in  the  manner  required  by  the  law  of  eminent  domain,  any  land  or  rights  of  way 
lying  between  the  limits  of  such  city  or  town  and  the  exterior  limits  of  such  park, 
for  the  purposes  aforesaid. 

8  2.     This  act  shall  take  effect  immediately. 

O  • 

See  next  following  statutes,  also  the  preceding  statute. 


MTJNICIPAIj     corporations — PARKS     AND     BOULEVARDS.  'JGl 

MUNICIPAL  CORPORATIONS— PARKS. 

To  enable  incorporated  "cities  and  counties"  and  "cities''  and  "towns,"  to 
acquire,  maintain  and  improve  public  parks  and  boulevards. 

(Stats.  1889,  361,  ch.  CCXLVIII.) 

§  1.  Any  incorporated  "city  and  county"  or  "city"  or  "town"  in  this  state 
may  acquire  and  hold  land  for  the  uses  and  purposes  of  public  parks,  or  public 
boulevard,  or  both,  either  by  purchase,  with  the  consent  of  the  owner,  or  by 
condemnation,  under  the  provisions  of  the  Code  of  Civil  Procedure  of  the  state 
of  California,  title  seven,  of  part  three. 

§  2.  The  land  to  be  so  acquired  and  held  may  be  within  the  corporate  limits 
of  the  "city  and  county"  or  "city"  or  "town,"  or  conveniently  adjacent 
thereto ;  and  in  either  case  it  shall  be  subject  to  the  jurisdiction  of  the  munici- 
pality acquiring  it,  and  to  the  laws,  ordinances,  rules,  and  regulations  thereof. 

§  3.  The  board  of  supervisors,  city  council,  trustees,  or  other  municipal  legis- 
lative board,  or  body  of  any  incorporated  "city  and  county,"  or  "city,"  or 
"town,"  may,  by  ordinance,  or  in  such  manner  as  other  municipal  legislative 
acts  are  enacted,  under  its  charter  or  act  of  incorporation,  determine  what  lands 
are  necessary  and  proper  to  be  acquired  for  the  uses  and  purposes  aforesaid. 

§4.  Any  incorporated  "city  and  county,"  or  "city,"  or  "town,"  may,  in 
addition  to  the  annual  tax,  levy  for  other  municipal  purposes,  and  at  the  same 
time  and  in  the  same  manner  cause  to  be  assessed  and  levied  upon  the  taxable 
property  within  the  municipalitj'  an  annual  tax  in  such  amount  as  may  be 
deemed  necessary  and  proper  for  the  acquisition  or  maintenance  or  improvement 
of  its  public  parlvs  or  boulevards,  or  both,  and  the  revenue  so  obtained  shall  be 
applied  to  no  other  use  or  purpose. 

§  5.  The  board  of  supervisors,  city  council,  trustees,  or  other  municipal  legis- 
lative body  or  board  of  any  incorporated  "city  and  county,"  or  "city,"  or 
"town,"  may  by  ordinance  or  in  such  manner  as  other  municipal  legislative  acts 
are  enacted  under  its  charter  or  act  of  incorporation,  call  an  election  and  submit 
to  the  qualified  electors  of  the  municipality,  the  proposition  to  issue  the  bonds 
of  the  municipality,  to  a  specified  amount,  the  proceeds  of  the  sale  of  w^hich  shall 
be  applied  exclusively  to  the  acquisition,  maintenance,  and  improvement  of  its 
public  parks,  or  boulevards,  or  both.  Such  election  shall  be  conducted,  and  tlie 
result  determined  substantially  as  are  other  local  municipal  elections  of  the 
municipality  in  which  it  is  held. 

§  6.  If  at  such  an  election  two  thirds  of  the  qualified  electors  voting  an  assent 
to  the  issuance  of  the  bonds,  then  the  "city  and  county"  or  "city"  or  "town," 
having  held  such  election  may,  by  ordinance  or  in  such  manner  as  other  munici- 
pal legislative  acts  are  enacted  under  its  charter  or  act  of  incorporation,  provide 
for  the  issuance,  and  cause  to  be  issued,  its  bonds  to  the  amount  specified  and  so 
voted  for ;  provided,  however,  that  said  bonds  shall  mature  and  become  due  and 
payable  at  a  time  not  exceeding  twenty  years,  and  shall  bear  interest  at  a  rate 
not  exceeding  five  per  centum  per  annum,  payable  annually,  and  that  before  or 
at  the  time  of  the  issuance  of  said  bonds,  provision  shall  be  made  for  the  collec- 
tion of  an  annual  tax  sufficient  to  pay  the  interest  thereon  as  it  falls  due,  and 

Gen.    Laws — 61 


9(J3  MUNICIPAL.    CORPORATIONS— PARKS    AND    BOULEVARDS— BONDS    FOR. 

also  to  constitute  a  sinking  fund  to  pay  the  principal  thereof  at  maturity,  and 
not  exceeding  twenty  years  from  the  date  thereof. 

§  7.  The  bonds  shall  be  numbered  consecutively  from  one  upwards,  and  shall 
be  issued  in  the  order  of  their  respective  numbers,  commencing  with  number 
one,  and  there  shall  be  attached  thereto  coupons  for  the  payment  of  the  annual 
interest.  They  shall  be  known  and  designated  either  as  the  "park  and  boule- 
vard," or  "park,"  or  "boulevard"  bonds  of  the  municipality  issuing  them. 
Each  bond  shall  not  exceed  in  the  amount  of  its  principal  one  thousand  dollars, 
and  may  be  in  any  smaller  amount. 

§  8.  The  bonds  or  any  number  thereof  so  issued  shall  be  sold  to  the  highest 
bidder,  after  advertised  notice  for  sealed  proposals  thereof;  but  no  bid  shall 
be  accepted  at  less  than  the  par  value  thereof,  nor  shall  any  bonds  be  sold  during 
any  one  year  in  excess  of  the  actual  expenditures  incurred  in  that  year. 

§  9.  The  money  obtained  from  the  sale  of  the  bonds  shall  be  kept  in  a  separate 
fund,  and  shall  be  used  exclusively  for  the  acquisition,  or  maintenance,  or  im- 
provement of  the  public  parks  or  boulevards,  or  both,  of  the  municipality  issuing 
them,  and  for  no  other  iLse  or  purpose. 

§  10.  Whenever  and  as  often  as  there  shall  be  in  the  sinking  fund  an  amount 
deemed  sufficient  for  the  purpose,  the  board  of  supervisors,  city  council,  trustees, 
or  other  municipal  legislative  board  or  body  of  the  municipality  issuing  the 
bonds,  may,  by  ordinance  or  in  such  m%|iner  as  other  municipal  legislative  acts 
are  enacted  under  its  charter  or  act  of  incorporation,  cause  notice  to  be  given 
by  advertisement,  that  the  amount  (stating  it)  is  in  the  sinking  fund  for  the 
redemption  of  said  bonds,  and  inviting  sealed  proposals  for  the  redemption, 
surrender,  and  cancelation  of  bonds,  with  the  interest  thereon,  to  the  specified 
amount  in  the  sinking  fund;  and  at  the  date  designated  in  the  notice  the  bids 
shall  be  opened,  if  any  there  be,  and  the  bid  or  bids  offering  to  surrender  bonds 
for  the  lowest  sum,  not  more  than  par  value,  shall  be  accepted.  If  sufficient  bids 
shall  not  be  received  to  consume  the  money  in  the  sinking  fund,  and  the  whole 
or  a  portion  deemed  sufficient  for  the  purpose  shall  still  remain  in  the  sinking 
fund,  notice  shall  be  given  by  advertisement  for  not  less  than  thirty  days,  stating 
that  there  is  an  amount,  to  be  specified  in  the  notice,  still  remainiflg  in  the 
sinking  fund  to  be  applied  to  the  redemption  of  the  bonds  with  interest  thereon 
having  the  highest  numbers  (specifying  the  numbers),  and  if  said  bonds  be  not 
presented  for  redemption,  surrender,  and  cancelation  within  the  time  specified 
in  the  notice,  they  shall  thereafter  cease  to  draw  interest,  and  the  amount  in 
the  sinking  fund  shall  be  kept  for  their  redemption  when  presented,  but  no 
more  shall  be  paid  therefor  than  the  amount  of  principal  and  interest  due  at 
the  expiration  of  the  time  specified  in  the  aforesaid  notice. 

§11.  Any  incorporated  "city  and  county,"  or  "city"  or  "town,"  in  this 
state,  availing  itself  of  the  privileges,  benefits,  and  powers  of  this  act,  may,  by 
ordinance  or  in  such  manner  as  other  municipal  legislative  acts  are  enacted 
under  its  charter  or  act  of  incorporation,  prescribe  such  further  conditions  and 
provisions  for  the  issuance  and  sale  of  the  bonds  herein  provided  for  and  for  the 
redemption  thereof  as  are  not  inconsistent  with  the  constitution  of  this  state,  or 
the  provisions  of  this  act.  or  its  charter  or  act  of  incorporation. 

§  12.     All  notices  and  advertisements  provided  for  in  this  act  shall  be  given 


MUNICIPAIi    CORPORATIONS— PARKS,    HIGHWAYS,    ETC.,    ESTABLISHED.         »«3 

by  publication  in  a  newspaper,  if  there  be  one  published  within  the  municipality; 
if  there  be  none,  then  by  posting  in  at  least  three  public  places  within  the 
municipality;  and  when  no  other  time  is  prescribed  in  this  act,  they  shall  be 
for  such  length  of  time  as  may  by  the  board  of  supervisors,  city  council,  trustees, 
or  other  municipal  legislative  board  or  body  of  the  municipality  be  deemed  and 
determined  to  be  reasonable;  but  the  bonds  issued  under  the  authority  of  this 
act,  and  sold  to  purchasers  in  good  faith,  shall  not  be  held  to  be  invalid  for  any 
defect  in  any  of  the  notices  herein  provided  for. 

§  13.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its 
passage.  \ 

Fritz  vs.  San  Francisco,  132  Cal.  373-375,  64  Pac.  Rep.   566;  McHugh   vs.   San  Francisco, 
132  Cal.   381,   64  Pac.   Rep.   570. 
See  next  foUowing  statutes. 

MUNICIPAL  CORPORATIONS— PARKS. 

To  provide  for  the  maintenance  and  support  of  the  public  parks  heretofore 
created  within  the  various  cities  and  cities  and  counties  of  the  state,  and  to 
amend  the  existing  acts  in  relation  thereto. 

(Stats.   1889,   143,  ch.    CXXXV;   amended   1893,   79,   eh.   LXIX;   1893,   343, 

ch.  CCXXX.) 

§  1.  All  lands,  parlvs,  highways,  and  avenues  in  any  city  or  city  and  county 
in  this  state,  which  have  been  heretofore  set  apart  by  law  as  and  for  public 
parks,  and  which  have  been  placed  under  the  management  or  control  of  a  board 
or  of  boards  of  park  commissioners,  shall  hereafter  remain  and  continue  to  be 
public  parks,  and  subject  to  the  management  and  control  of  the  board  or  boards 
of  park  commissioners  of  said  respective  cities  or  cities  and  counties  in  the 
manner  specified  in  this  act;  and  such  board  or  boards  of  park  commissioners, 
and  the  members  thereof,  shall  be  appointed  and  constituted  in  the  manner  and 
for  the  terms  and  shall  have  the  qualifications  set  forth  in  this  act. 

§  2.  Every  such  board  of  park  commissioners  (except  in  cities  which,  at  the 
last  federal  census,  had  a  population  of  more  than  fifty  thousand  and  less  than 
one  hundred  thousand  inhabitants,  and  which  cities  have  adopted  a  charter 
according  to  the  constitution  and  laws  of  this  state,  as  hereinafter  provided) 
shall  consist  of  three  persons,  who  shall  be  appointed  by  the  governor  of  the 
state,  and  shall  hold  their  offices  for  four  years,  respectively,  and  shall  receive  no 
compen:ation  for  their  services.  In  case  of  a  vacancy  in  the  member.ship  of  the 
board,  the  same  shall  be  filled  by  an  appointee  of  the  remaining  members  of 
the  board,  for  the  residue  of  the  term  then  vacant ;  but  all  vacancies  caused  by 
the  expiration  of  the  term  of  dffice  of  any  member  of  such  board,  or  by  the 
failure  or  neglect  to  qualify  of  any  person  appointed  to  such  board  by  the 
governor,  shall  be  filled  by  the  governor  by  the  appointment  of  a  new  member. 
Each  member  of  every  board  of  park  commissioners  shall  be  a  freeholder  and 
a  resident  of  the  city,  or  city  and  county,  in  which  the  board  of  which  he  is  a 
member  is  to  act.  The  governor  of  the  state  shall  issue  a  commission  to  every 
such  commissioner  appointed  by  him,  and  each  such  commissioner  shall,  within 
twenty  days  after  the  receipt  thereof,  take  and  subscribe  the  oath  of  office  pre- 
scribed by  law.    In  every  such  board  of  park  commissioners  two  members  of  the 


064         MUNICIPAL.    CORPORATIONS— PARK    COMBIISSIONERS— DUTIES,    POWERS. 

board  shall  constitute  a  quorum  for  the  transaction  of  business;  and  the  con- 
current action  of  two  members  of  such  board  shall  be  sufficient  to  enable  the 
said  board  to  make  any  contracts  pertaining  to  the  park  or  parks  under  the 
control  of  such  board,  or  to  draw  and  expend  any  moneys  which  shall  have  been 
lawfully  appropriated  or  set  apart  for  the  support  of  such  park  or  parks,  or 
which  shall  constitute  any  portion  of  the  funds  legally  applicable  to  the  support 
of  the  same;  provided,  however,  that  in  all  cities  which,  at  the  last  federal 
census,  had  a  population  of  more  than  fifty  thousand  and  less  than  one  hundred 
thousand  inhabitants,  and  which  cities  have  adopted  a  charter  according  to  the 
constitution  and  laws  of  this  state,  that  such  board  of  park  commissioners  shall 
consist  of  the  same  number  and  shall  be  appointed  in  the  manner  provided  by 
such  charters.  They  shall  also  have  such  powers  as  are  therein  provided,  and 
shall  be  governed  in  all  matters  by  the  provisions  of  such  charters.  All  pro- 
visions herein,  and  aLso  in  the  act  to  which  this  is  amendatory,  which  are  not 
in  conflict  with  such  charters,  shall  apply  to  such  board  of  park  commissioners 
when  so  appointed.     [Amendment,  Stats.  1893,  79.] 

[The  amendatory  act  of  1893,  page  79,  also  contained  the  following  section : 
"  §  3.  This  act  shall  take  effect  and  be  in  force  immediately  after  its  passage, 
and  after  which  time  the  boards  of  park  commissioners  in  cities  which,  at  the 
last  federal  census,  had  a  population  of  more  than  fifty  thousand  and  less  than 
one  hundred  thousand  inhabitants,  and  which  have  adopted  charters  under  the 
constitution  and  law^s  of  this  state,  and  which  boards  have  heretofore  been  ap- 
pointed under  the  provisions  of  the  act  to  which  this  is  amendatory,  shall  serve 
only  as  such  board  of  park  commissioners  until  a  board  of  park  commissioners 
is  appointed  under  the  provisions  of  such  chartere."] 

§  3.  Every  such  board  of  park  commissioner  shall  have  the  full  and  ex- 
clusive power  to  govern,  manage,  and  direct  the  parks,  avenues,  and  grounds 
which  have  been  or  shall  be  placed  under  its  care  and  charge ;  to  employ  and 
appoint  such  superintendents,  laborers,  clerks,  or  secretaries,  attorney,  survey- 
ors, engineers;  to  engage  and  employ  musicians  for  service  in  the  park,  and 
other  officers  and  assistants,  as  to  said  board  shall  seem  necessary  and  expedient 
for  the  proper  management  of  the  said  parks  and  of  its  affairs ;  to  prescribe  and 
fix  the  duties,  authority,  and  compensation  of  such  appointees  and  employees, 
and  to  have  the  management  and  disbursement  of  all  funds  legally  appropriated 
or  provided  for  the  support  of  said  parlvs  and  grounds ;  provided,  that  no  moneys 
shall  for  any  of  said  purposes  be  paid  out  of  the  treasury  of  any  city,  or  city 
and  county,  except  upon  warrants  duly  signed  by  a  majority  of  the  board  of 
park  commissioners  thereof,  and  duly  audited  by  the  auditor  of  such  city,  or 
city  and  county.     [Amendment,  Stats.  1893,  343.] 

§  4.  It  shall  be  a  felony  for  any  park  commissioner  to  be  interested,  directly 
or  indirectly,  in  any  contract  or  w^ork  of  any  kind  connected  with  the  park  or 
grounds  under  the  control  of  the  board  of  which  he  shall  be  a  member ;  and  it 
shall  be  the  duty  of  any  commissioner  or  other  person  who  shall  know  or  be 
informed  of  the  violation  of  the  section,  forthwith  to  report  the  same  to  the 
governor,  v.'ho  shall  hear  the  allegations  and  proofs  in  regard  thereto;  and  if, 
after  such  hearing,  he  shall  be  satisfied  of  the  truth  of  said  charge,  he  shall 
immediatelv  remove  the  commissioner  who  has  been  guiltv  of  the  offense. 


MUNICIPAL.     CORPORATIONS— PARK     COaiMISSIONERS — AUTHORITY.  965 

§  5.  Every  such  board  of  park  commissioners  shall  annually,  and  on  the  first 
Monday  of  July  of  each  year,  make  to  the  legislature  of  the  state,  and  to  the 
board  of  supervisors  or  other  municipal  council  of  the  city,  or  city  and  county, 
in  which  such  board  shall  be  acting,  a  full  report  of  the  proceedings,  and  a 
detailed  statement  of  its  receipts  and  expenditures.  [Amendment,  Stats. 
1893,  343.] 

§  6.  It  shall  be  lawful  for  every  such  board  of  park  commissioners  to  let  or 
lease  any  portion  of  the  parks  or  grounds  under  their  control,  not  exceeding  one 
acre  in  extent,  to  any  one  party,  and  the  lease  therefor  shall  be  unassignable, 
nor  shall  any  portion  of  such  park  be  leased  to  any  street  or  other  railroad 
company  for  terms  not  exceeding  three  years,  until  the  grounds  so  leased  shall 
be  required  for  the  improvements  of  such  parks,  or  for  public  use  as  a  park 
thereof.  All  moneys  realized  from  such  leases  shall  be  paid  into  the  treasury  of 
the  city,  or  city  and  county,  in  which  such  parks  shall  be  situated,  and  shall  be 
added  to  the  funds  otherwise  appropriated  or  provided  for  the  support  of  such 
parks.     [Amendment,  Stats.  1893,  343.] 

§  7.  It  shall  be  lawful  for  every  such  board  of  park  commissioners  to  pass 
and  adopt  such  ordinances  as  they  may  deem  necessary  for  the  regulation,  use, 
and  government  of  the  parks  and  grounds  under  their  supervision,  not  incon- 
sistent with  the  laws  of  the  state  of  California.  Such  ordinances  shall,  within 
five  days  after  their  passage,  be  published  for  ten  days,  Sunday  excepted,  in  a 
daily  newspaper  published  in  the  city  or  city  and  county  in  which  such  board 
shall  be  acting,  to  be  selected  by  the  said  board.  All  persons  violating  or  offend- 
ing against  any  such  ordinances  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  therefor  on  conviction  in  any  court  of  competent  jurisdiction. 

§  8.  Prisoners  over  the  age  of  twenty-one  years,  and  sentenced  to  hard  labor 
in  any  of  the  jails,  prisons,  houses  of  correction,  workhouses,  or  other  penal 
establishment  of  any  such  city  or  city  and  county,  may,  upon  the  request  and 
requisition  of  the  board  of  park  commissioners  of  such  city  or  city  and  county, 
be  put  to  work  upon  the  parks  and  grounds  which  are  under  the  control  of  such 
board. 

§  9.  Every  such  board  of  park  commissioners  is  authorized  and  empowered  to 
accept  and  receive  donations  and  aid  from  individuals  and  corporations,  and 
legacies  and  bequests  by  the  last  wills  of  deceased  persons,  for  the  aid  or  improve- 
ment of  the  parks  and  grounds  under  the  control  of  such  board;  and  all  moneys 
that  shall  be  derived  by  any  such  board  from  such  donations,  legacies,  and 
bequests  shall,  unless  otherwise  provided  by  the  terms  of  such  gift,  legacy,  or 
bequest,  be  deposited  in  the  treasury  of  the  city  or  city  and  county  in  which  said 
parks  and  grounds  shall  be  situated,  and  shall  be  withdrawn  therefrom  and 
paid  out  in  the  same  manner  as  is  provided  for  the  payment  of  moneys  legally 
appropriated  for  the  support  and  improvements  of  such  parks  and  grounds; 
provided,  however,  that  if  the  moneys  derived  from  such  gifts,  bequests,  or 
legacies  shall  at  any  time  exceed  in  amount  the  sum  necessary  for  immediate 
expenditure  on  said  parks  and  grounds,  or  if.  in  the  judgment  of  the  said  board 
of  park  commissioners,  it  should  be  advisable  to  invest  the  same,  or  a  part 
thereof,  in  some  interest-bearing  or  productive  investment,  the  said  board  of 
park  commissioners  are  hereby  authorized  to  invest  the  said  moneys  or  any 


966 


MUNICIPAL.    CORPORATIONS— PARK    TAX— LEVY    AND     COLLECTION. 


part  thereof  in  interest-bearing  bonds  of  the  government  of  the  United  States, 
or  of  the  state  of  California,  and  thereafter  to  sell  and  dispose  of  said  bonds, 
or  to  change  the  form  of  said  investment,  as  to  said  board  shall  seem  best. 

§  10.  The  board  of  supervisors,  municipal  council,  or  other  legislative  body 
of  any  city,  or  city  and  county  in  the  state,  having  within  its  limits  parks  or 
grounds  under  the  control  and  management  of  a  board  of  park  commissioners, 
and  of  an  area  or  acreage  of  more  that  ten  acres,  is  hereby  authorized  and 
empowered  to  levy  and  collect  each  year,  in  the  mode  prescribed  by  law  for  the 
levy  and  collection  of  taxes,  a  tax  of  not  less  than  six  nor  more  than  ten  cents 
upon  each  one  hundred  dollars  assessed  valuation  of  taxable  property  within  such 
city,  or  city  and  county,  for  the  purpose  of  preserving,  maintaining,  and  improv- 
ing the  parks  and  grounds  under  the  control  of  such  board  of  park  commissioners. 
All  moneys  collected  and  arising  from  the  said  tax  shall  be  paid  by  the  tax 
collector,  or  other  officer  collecting  the  same,  into  the  treasury  of  said  city,  or 
city  or  county,  and  shall  be  deemed  to  be  thereupon  appropriated  and  set  apart 
for  the  maintenance,  preservation,  and  improvement  of  said  parks  and  grounds, 
and  shall  be  paid  out  by  the  treasurer  upon  warrants  signed  by  a  majority  of 
the  said  board  of  park  commissioners,  and  audited  by  the  auditor  of  such  city, 
or  city  and  county.     [Amendment,  Stats.  1893,  343.] 

§  11.  No  board  of  park  commissioners  shall  in  any  year  incur  any  debt  or 
liability  nor  expend  any  money  beyond  the  amount  of  moneys  legally  applicable 
during  such  year  to  the  support,  preservation,  and  improvement  of  the  parks 
and  grounds  under  the  control  of  such  board. 

§  12.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  13.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  last  preceding  statutes,  also   next  following  statute. 

MUNICIPAL  CORPORATIONS— PARKS. 

To  extend  the  jurisdiction  and  authority  of  cities  and  towns  over  parks  owned 
by  them  situated  beyond  the  limits  of  such  cities  and  towns,  and  over  streets 
and  avenues  leading  to  the  same. 

(Stats.  1897,  47,  ch.  LI.) 

§  1.  The  municipal  authority  of  the  several  cities  and  towns  in  this  state, 
which  now  own  or  shall  hereafter  own  any  parks  situated  outside  of  the  limits  of 
such  city  or  town,  shall  have  the  same  power,  authority,  and  jurisdiction  over 
such  parks,  and  over  streets  and  avenues  leading  therefrom  to  said  parks,  and 
over  persons  and  property  therein,  as  they  now  or  hereafter  may  have  over 
said  cities  and  towns  and  over  persons  and  property  therein ;  and  the  local  courts 
of  said  cities  and  towns  shall  have  the  same  jurisdiction,  both  civil  and  criminal, 
over  said  parks,  streets,  and  avenues,  and  over  persons  and  property  therein,  as 
they  may  have  over  the  parks,  streets,  and  avenues  within  such  cities  or  towns 
respectively. 

§  2.     This  act  shall  take  effect  immediately. 


MUNICIPAL     CORPORATIOXS— PARK     TAX— GOLDEN     GATE     PARK.  967 

MUNICIPAL  CORPORATIONS— PARKS— TAX. 

To  authorize  the  common  councils  and  boards  of  supervisors  of  the  several  cities, 
counties,  and  cities  and  counties  in  this  state  to  levy  taxes  for  the  main- 
tenance of  public  parks  having  an  area  of  over  ten  acres  each  within  their 
respective  limits. 

(Stats.  1887,  52,  eh.  XLI.) 

§  1.  The  common  council  and  the  board  of  supervisors  of  any  city,  county, 
or  city  and  county  of  this  state,  are  hereby  authorized  ai^d  empowered  to  levy 
a  yearly  tax  of  not  to  exceed  three  cents  upon  every  one  hundred  dollars'  assessed 
valuation  of  property,  real  and  personal,  in  such  city,  county,  or  cit}'  and  county, 
for  the  purpose  of  maintaining  and  improving  any  public  park  or  parks,  having 
an  area  of  ten  acres  each,  therein  situated. 

§  2.  All  moneys  arising  from  the  tax  authorized  to  be  levied  by  the  preceding 
section,  shall  be  collected  by  the  tax  collector  of  the  city,  county,  or  city  and 
county  wherein  said  park  or  parks  may  be  situated,  and  shall  be  kept  by  the 
treasurer  of  said  city,  county,  or  city  and  county,  subject  only  to  the  order  of 
the  public  officer  or  officers,  or  board  or  commissioners,  having  legal  charge  and 
control  of  the  management  and  maintenance  of  said  park  or  parks. 

§  3,  The  terms  common  council  and  board  of  supervisors  are  hereby  declared 
to  include  any  body  or  board  which,  under  the  law,  is  the  legislative  department 
of  the  government  of  any  city,  county,  or  city  and  county. 

§  4.     This  act  shall  be  enforced  from  and  after  its  passage. 

See  statutes  next  preceding  and  foUowing. 

MUNICIPAL  CORPORATIONS— PARKS. 

Authorizing  the  commissioners  of  any  public  park  in  this  state,  and  especially 
the  park  commissioners  of  Golden  Gate  Park,  in  San  Francisco,  to  accept 
donations  and  bequests  in  aid  of  the  improvement  and  embellishment  of 
their  respective  paries,  and  to  invest  the  funds  derived  therefrom. 

(Stats.  1885,  38,  ch.  XXXIV.) 

§  1.  The  commissioners  of  any  public  park  in  this  state,  and  especially  the 
park  commissioners  of  Golden  Gate  Park,  in  the  city  and  county  of  San  Fran- 
cisco, are  hereby  authorized  and  empowered  to  accept  and  receive  donations  and 
aid  from  individuals  and  corporations,  and  to  receive  legacies  and  bequests  by 
the  last  wills  and  testaments  of  deceased  persons,  and  especially  to  receive  aid 
and  contributions  from  that  certain  corporation  organized  and  incorporated 
under  the  laws  of  the  state  of  California,  known  as  the  Park  Aid  Improvement 
Company,  and  the  moneys  derived  and  to  be  derived  therefrom  shall  be  and 
are  hereby  recognized  as  a  portion  of  the  public  funds  belonging  to  said  park 
commissioners,  and  applicable  under  the  direction  of  the  said  park  commissioners 
to  the  purposes  of  preserving  and  embellishing  the  parks  under  their  respective 
management  and  control. 

§  2.  If  the  funds  derived  as  aforesaid  .shall,  at  any  time,  exceed  in  amount 
the  sum  necessary  for  immediate  expenditure  on  the  said  park  grounds,  or  if, 
in  the  judgment  of  the  said  park  commissioners,  it  should  be  advisable  to  inve.^t 


968  MUNICIPAL    CORPORATIONS— PROTECTION     FROM     OVERFLOW. 

the  same  and  make  the  same  productive,  the  said  park  commissioners  are  hereby 
authorized  to  invest  the  same,  or  any  portion  thereof,  in  interest-bearing  bonds 
of  the  government  of  the  United  States,  or  of  the  state  of  California,  and  to  use 
the  interest  and  income  thereof  for  the  purposes  aforesaid,  with  the  like  power 
to  sell  and  dispose  of  the  said  bonds  if,  in  their  discretion,  the  principal  thereof 
shall  be  necessary  for  the  purposes  aforesaid. 

§  3.     This  act  shall  take  effect  and  be  in  force  immediately. 

MUNICIPAL  CORPORATIONS— PROTECTION  FROM  OVERFLOW. 

To  promote  the  protection  of  cities,  towns,  and  municipal  corporations  from 
overflow  by  water  and  the  drainage  of  the  same,  and  for  such  purposes 
authorizing  the  incurring  of  indebtedness  and  the  issuance  of  bonds  therefor 
by  the  same,  and  providing  for  the  disposition  of  the  proceeds  of  such  bonds, 
and  for  the  supervision  of  the  protective  and  other  works. 

(Stats.  1895,  95,  ch.  CVI.) 

§  1.  Any  city,  town,  or  municipal  corporation  incorporated  under  the  laws 
of  this  state  may,  by  procedure  hereinafter  prescribed,  incur  indebtedness  and 
liability,  although  in  excess  of  the  income  and  revenue  by  it  provided  for  the 
current  fiscal  year,  but  not  so  that  the  aggregate  funded  indebtedness  thereof 
shall  exceed  six  per  centum  of  the  assessed  value  of  all  the  real  and  personal 
property  in  the  municipality,  for  the  purpose  of  protecting  such  city,  town,  or 
municipal  corporation  from  overflow  by  water,  and  for  the  purpose  of  draining 
such  city,  town,  or  municipal  corporation,  and  for  the  purpose  of  securing  an 
outlet  for  such  overflow  water  and  drainage,  or  for  any  part  of  said  purposes, 
whether  by  means  of  canals,  ditches,  levees,  dikes,  embankments,  dams,  and 
machinery  and  other  like  appropriate  or  ancillary  means  or  works,  or  any  of 
the  same,  whether  situated  within  or  without  the  territorial  limits  of  such  city, 
town,  or  municipal  corporation. 

§  2.  The  procedure  mentioned  in  section  one  aforesaid  shall  be  as  follows,  to 
wit:  The  city  council  or  legislative  body  of  such  city,  town,  or  municipal  cor- 
poration shall,  first,  have  made  by  some  competent  person  general  plans  and 
estimates  of  the  cost  of  such  canals,  ditches,  levees,  dikes,  embankments,  dams, 
machinery,  and  other  means  or  works  as  may  be  contemplated,  which  general 
plans  and  estimates  shall,  after  adoption,  be  filed  in  the  office  of  the  clerk  of 
such  municipality,  and  which  general  plans  shall  be  substantially  adhered  to 
thereafter  in  proceedings  under  this  act.  Said  city  council  or  legislative  body 
shall,  secondly,  after  the  filing  of  such  general  plans  and  estimates,  and  by 
resolution  or  ordinance  passed  at  a  regular  meeting  by  a  vote  of  two  thirds  of  all 
its  members  and  approved  by  the  executive  of  the  municipality,  determine,  if  so 
advised,  that  the  public  good  demands  the  construction,  acquisition,  and  com- 
pletion, or  either,  of  canals,  ditches,  levees,  dikes,  embankments,  dams,  machin- 
ery, and  other  like  appropriate  or  ancillary  means,  or  works,  or  any  of  the 
same,  for  any  or  all  of  the  purposes  mentioned  in  section  one  aforesaid;  and 
shall  further,  by  the  same  resolution  or  ordinance,  determine,  if  so  advised,  that 
the  cost  of  the  same  will  be  too  great  to  be  paid  out  of  the  ordinary  income  or 
revenue  of  the  municipality;  and  such  resolution  or  ordinance,  shall,  after  its 
passage  and  approval,  be  published  as  hereinafter  prescribed.    Said  city  council 


MUNICIPAL.    CORPORATIOXS— PROTECTION     FROM     OVERFLOAV— BONDS.  009 

or  legislative  body  shall,  within  one  month  after  the  publication  aforesaid,  and 
by  resolution  or  ordinance  passed  at  a  regular  meeting  by  a  vote  of  two  thirds 
of  all  its  members,  and  approved  by  the  executive  of  the  municipality,  call  a 
special  election,  and  submit  to  the  qualified  voters  of  such  city,  town,  or  munici- 
pal corporation  the  proposition  to  incur  a  debt  for  any  or  all  of  the  purposes 
mentioned  in  section  one  aforesaid,  and  which  have  been  as  aforesaid  determined 
to  be  demanded  for  the  public  good.  The  resolution  or  ordinance  calling  such 
special  election  shall  specify  the  purpose  for  which  the  indebtedness  is  proposed 
to  be  incurred,  the  estimated  cost  of  the  things  proposed,  that  bonds  of  the 
muncipality  will  issue  in  the  amount  of  such  estimated  cost,  the  number  and 
character  of  such  bonds,  the  rate  of  interest  to  be  paid,  and  the  amount  of  the 
tax  levy  for  each  year  during  the  outstanding  of  such  bonds  to  be  made  for  their 
payment.  Such  last-named  resolution  or  ordinance  shall  be  published  as  herein- 
after prescribed.  Such  city  council  or  legislative  body  shall  cause  to  be  pub- 
lished, after  the  publication  last  named  and  prior  to  the  day  of  holding  such 
special  election,  a  notice  of  the  same,  which  notice  shall  set  forth  substantially 
all  the  matters  contained  in  the  aforesaid  resolution  or  ordinance  calling  such 
special  election. 

§  3.  Every  publication  hereinbefore  mentioned  or  required  shall  be  in  some 
newspaper  published  in  such  city,  town,  or  municipal  corporation ;  if  in  a  daily 
paper  in  at  least  ten  issues  thereof,  and  if  in  a  weekly  paper  in  at  least  two 
i.ssues  thereof;  and  no  publication  shall  be  deemed  to  have  begun  until  any  one 
required  preceding  the  same  shall  have  been  completed. 

§  4.  Such  special  election  shall  be  held  in  the  manner  provided  by  law  for 
holding  elections  in  such  city,  town,  or  municipal  corporation. 

§  5.  It  shall  require  the  votes  of  two  thirds  of  all  the  voters  voting  at  such 
special  election  to  authorize  the  incurring  of  any  indebtedness  or  the  issuance 
of  any  bonds  under  this  act.  If  two  thirds  of  all  the  votes  cast  at  such  special 
election  be  in  favor  of  the  proposition  submitted,  the  city  council  or  legislative 
body  may,  by  ordinance  reciting  the  result  of  said  election,  provide  for  the 
issuance  of  the  proposed  bonds  and  any  matter  incidental  thereto. 

§  6.  All  municipal  bonds  issued  under  this  act  shall  be  of  the  kind  known  as 
serials,  and  of  such  denominations  as  the  city  council  or  legislative  body  may 
determine;  provided,  that  no  bond  shall  be  for  less  than  one  hundred  dollars 
nor  for  more  than  one  thousand  dollars,  and  that  not  less  than  one  fortieth 
part  of  the  whole  indebtedness  evidenced  by  the  whole  of  the  issue  of  .such 
bonds  shall  be,  by  the  terms  of  such  bonds,  made  payable  each  and  every  year. 
Each  bond  shall  be  made  payable  either  in  gold  coin  or  other  lawful  money  of 
the  United  States  as  may  be  expressed  in  such  bond,  on  a  day  and  at  a  place 
designated  therein,  withanterest  at  the  rate  specified  therein,  which  rate  shall 
not  exceed  seven  per  centum  per  annum,  to  be  fixed  by  such  city  council  or 
legislative  body.  Said  place  of  payment  shall  be  either  at  the  office  of  the  treas- 
urer of  the  municipality,  or  at  some  designated  bank  in  San  Francisco,  Chicago, 
or  New  York.  Said  bonds  shall  be  executed  on  the  part  of  such  municipality  by 
the  mayor  or  other  executive  thereof,  and  by  the  treasurer  thereof,  and  counter- 
signed by  the  clerk  of  the  municipality.  The  interest  coupons  shall  be  numbered 
consecutively  and  signed  by  the  treasurer. 


»70         MUNICIPAL,    CORPORATIONS— PROTECTION    FROM    OVERFLOW— AGENTS. 

§  7.  Any  of  such  bonds  may  be  issued  by  the  city  council  or  legislative  body 
of  such  city,  town,  or  municipal  corporation,  and  by  the  same  sold,  at  not  less 
than  their  face  value ;  and  the  proceeds  of  such  sale  shall  be  deposited  in  the 
municipal  treasury  to  the  credit  of  a  designated  fund  and  be  applied  exclu- 
sively to  the  purposes  and  objects  for  which,  as  aforesaid,  the  electors  have 
voted  to  incur  indebtedness  or  liability,  until  such  purposes  and  objects  shall 
have  been  accomplished,  after  which,  the  surplus,  if  any,  may  be  transferred  to 
the  general  fund  of  the  municipality. 

§  8.  Such  city  council  or  legislative  body  shall,  at  the  time  of  fixing  the 
general  tax  levy,  and  in  the  manner  for  such  general  tax  levy  provided,  levy 
and  collect  annually,  each  year,  for  the  term  of  forty  years,  a  tax  sufficient  to 
pay  the  annual  interest  on  such  bonds  and  also  one  fortieth  part  of  the  aggre- 
gate amount  of  such  indebtedness  so  incurred.  The  taxes  herein  required  to 
be  levied  and  collected  shall  be  in  addition  to  all  other  taxes  levied  for  munici- 
pal purposes,  and  shall  be  collected  at  the  same  time  and  in  the  same  manner 
as  other  municipal  taxes  are  collected. 

§  9.  The  city  council  or  legislative  body  of  every  city,  town,  or  munici- 
pal corporation  wherein  or  for  which  any  public  works  or  improvements  are 
being  had  or  constructed  for  the  purposes  hereinbefore  specified,  and  for 
which  indebtedness  has  been  incurred  under  the  provisions  of  this  act,  shall 
have  power  to  make  all  needful  rules  and  regulations  for  acquisition,  construc- 
tion, and  completion  of  such  works  and  improvements ;  to  appoint  all  needful 
agents,  superintendents,  and  engineers  to  supervise  and  construct  the  same, 
and  shall  have  power  in  all  lawful  ways  to  protect  and  preserve  the  rights  and 
interests  of  the  municipality  in  respect  thereof. 

§  10.  All  contracts  as  to  said  works  and  improvements  shall  be  let,  in  such 
parcels  as  the  city  council  or  legislative  body  may  determine,  to  the  lowest 
responsible  bidder,  after  notice  given  for  at  least  ten  days  by  publication  in 
one  or  more  newspapers  published  in  the  municipality,  inviting  sealed  pro- 
posals. Security  or  bonds  may  be  required  in  order  to  guarantee  good  faith 
in  bidding  and  in  the  performance  of  contracts,  or  either,  in  such  amount  as 
such  council  or  legislative  body  may  determine,  and  such  council  or  legislative 
body  may  reject  any  or  all  bids. 

§  11.  The  city  council  or  legislative  body  of  the  municipality  may,  by  reso- 
lution, if  it  deem  the  same  necessary,  require  the  treasurer  of  the  municipality 
to  give  additional  bonds  for  the  safe  custody  and  care  of  public  funds  derived 
under  this  act. 

§  12.  The  provisions  of  this  act  are  intended  to  be  paramount  and  con- 
trolling as  to  all  matters  provided  for  therein  and  as  to  all  questions  arising 
in  or  out  of  procedure  thereunder. 

§  13.     This  act  shall  take  effect  from  and  after  the  time  of  its  passage. 

MUNICIPAL    CORPORATIONS— REORGANIZATION. 

To  enable  cities  incorporated  and  operating  under  a  charter  framed  under  sec- 
tion eight,  article  eleven,  of  the  constitution,  to  abandon  and  annul  such 
charter,  and  organize  under  general  laws. 

(Stats.  1897,  200,  ch.  CXXXVIII.) 


MUNICIPAL    CORPORATIONS— iSEVVER    DISTRICTS.  971 

§  1.  The  common  council,  or  other  legislative  body  of  any  city  in  this  state, 
operating  under  a  charter  framed  under  section  eight,  article  eleven,  of  the 
constitution,  shall  have  power,  and  it  shall  be  their  duty,  whenever  a  petition 
is  presented  to  them,  signed  by  one  half  of  the  qualified  electors  of  such  city, 
by  ordinance,  to  submit  to  the  qualified  electors  of  such  city  at  any  general 
election,  the  question  whether  such  city  shall  abandon  such  charter  and  reor- 
ganize under  the  general  laws  of  the  state  providing  for  the  organization, 
incorporation,  and  government  of  municipal  corporations.  Such  election  shall 
be  called  and  held  in  accordance  with  the  provisions  of  such  charter  for  calling 
and  holding  elections,  and  if  two  thirds  of  such  qualified  electors  voting  at 
such  election  shall  vote  to  abandon  such  charter  and  reorganize  under  the 
general  laws  of  the  state  providing  for  the  organization,  incorporation,  and 
government  of  municipal  corporations,"  such  city  shall,  from  and  after  the 
thirtieth  day  after  such  election,  cease  to  be  organized  under  such  charter, 
and  such  charter  shall  be  superseded  by  said  general  laws,  and  organized 
thereunder.  In  case  such  proposition  shall  fail  to  receive  the  vote  of  two  thirds 
of  such  electors,  then  the  proposition  for  the  abandonment  of  such  charter 
and  reorganization  under  the  general  laws  shall  not  be  again  submitted  for 
two  years. 

§  2.  All  officers  of  such  city  shall  continue  in  office,  and  their  powers  under 
said  charter  shall  not  cease  until  officers  shall  have  been  elected  and  qualified 
under  said  general  laws. 

§  3.     This  act  shall  take  effect  immediately. 

MUNICIPAL   CORPORATIONS— SEWER  DISTRICTS. 

Providing  for  the  establishment  and  maintenance  of  sewer  districts  adjacent 

to  municipal  corporations. 

(Stats.  1899,  81,  ch.  LXVI.) 

§  1.  It  shall  be  the  mandatory  duty  of  the  board  of  supervisors  of  any 
county  of  the  state  of  California,  w^ienever  a  petition  of  one  third  of  the  resi- 
dent electors  of  any  district  describing  the  exterior  boundaries  of  the  said 
district  shall  be  presented  to  them,  praying  for  the  formation  of  a  sewerage 
district  thereof,  to  publish  for  ten  days  in  some  daily  paper  in  the  nearest 
municipal  corporation,  or  if  there  is  no  daily  paper,  then  to  publish  weekly  for 
two  successive  weeks  in  a  w^eekly  paper  published  in  the  nearest  municipality, 
a  notice  of  such  petition  and  a  description  of  the  exterior  boundaries  of  the 
district  so  proposed.  If  within  twenty  days  after  the  last  such  publication  a 
protest  containing  the  signatures  of  the  owners  of  a  majority  of  the  assessed 
valuation  of  the  property  within  such  district  shall  be  filed  with  said  board  of 
supervisors,  then  said  petition  shall  be  denied,  and  no  part  of  such  district  shall 
be  included  within  any  sewer  district  formed  within  six  months  thereafter. 
If  no  such  protest  be  filed  as  herein  provided,  then  at  the  expiration  of  the 
twenty  days  allowed  for  such  protest  it  shall  be  the  duty  of  the  said  board 
of  supervisors  to  declare  such  district  a  sewer  district. 

§  2.  At  the  time  of  making  each  tax  levy  subsequent  to  the  formation  of 
said  district,  said  board  of  supervisors  must  levy  such  an  amount  of  taxes  upon 
the  taxable  property  of  said  district  as  shall  by  said  board  be  deemed  neces- 


972  MUNICIPAL    CORPORATIONS — SEW^ER    DISTRICTS— SIXTH    CLASS. 

sary  for  carrying  out  the  provisions  of  this  act  and  of  the  formation  of  said 
sewerage  district,  and  said  taxes  shall  be  collected  in  the  same  manner  as  state 
and  county  taxes  are  collected ;  and  said  board  of  supervisors  must  provide  in 
said  levy  for  assessing  and  collecting  a  sufficient  amount  of  money  thereby  to 
pay  to  any  municipality  whose  sewers  shall  be  connected  with,  as  hereinafter 
provided,  the  amount  fixed  by  the  legislative  body  of  said  municipality,  as 
charges  for  said  privilege  of  connecting  with  sewerage  system,  and  said  amount 
must  be  fixed  by  said  legislative  body  before  the  first  day  of  March  of  each 
year,  and  notice  thereof  must  be  given  said  board  of  supervisors. 

§  3.  Said  board  of  supervisors  shall  have  power,  after  the  formation  of 
said  sewerage  district,  to  lay  out  and  construct  sewers  therein,  and  to  pro- 
vide for  making  connections  with  said  sewer  by  property  holders  and  other 
persons  resident  within  said  district,  and  for  the  maintenance  and  extension 
of  said  sewerage  district  as  may  be  in  their  judgment  required,  and  must  com- 
pel property  holders  to  connect  all  buildings  therewith, 

§  4.  Whenever  a  sewerage  district  shall  be  formed,  as  provided  in  this 
act,  of  territory  adjacent  to  any  municipality  having  a  sewerage  system,  the 
sewerage  system  of  said  sewerage  district  must  be  connected  with  and  have 
its  outlet  through  the  sewerage  system  of  said  municipality ;  provided,  that  no 
connection  can  be  made  or  maintained  with  the  sewerage  system  of  any  munici- 
pality without  the  consent  first  obtained  from  and  expressed  by  the  legislative 
body  of  said  municipality;  and  when  connection  is  m.ade  with  the  sewers  of 
the  municipality  said  board  of  supervisors,  from  the  funds  collected  from  the 
taxes  above  provided  for,  shall  pay  to  said  municipality  annually  the  sum  of 
money  that  shall  be  fixed  as  charges  by  the  said  board  of  supervisors  and  said 
legislative  body  of  said  municipality  for  the  privilege  of  so  connecting  and 
maintaining  connection  with  the  sewer  system  thereof,  and  this  amount  may 
vary  from  year  to  year  as  the  said  board  of  supervisors  and  said  legislative 
body  of  said  municipality  shall  deem  reasonable. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
approval. 

MUNICIPAL    CORPORATIONS— SIXTH    CLASS. 

To  enable  municipal  corporations  of  the  sixth  class  to  elect  officers. 
(Stats.  1885,  136,  ch.  CXLVII.) 

§  1.  Whenever  a  corporation  of  the  sixth  class  shall  have  failed,  from  any 
cause,  to  elect  officers  in  accordance  with  its  charter,  and  there  are  no  officers 
to  carry  on  the  city  government,  or  call  an  election  for  officers,  in  any  such 
case  citizens  of  such  corporation  may  present  a  petition  to  the  governor  for 
the  appointment  of  three  commissioners  of  election.  Such  petition  shall  set 
forth:  1.  The  name  of  the  corporation,  and  when,  and  how  organized;  2. 
When  the  last  election  for  officers  took  place,  and  whether  any  of  such  officers 
are  performing  their  duties,  and  if  not,  how  long  since  they  ceased  to  perform 
their  duties ;  3.  The  provision  of  the  charter  as  to  the  qualifications  of  voters ; 
4.  That  the  persons  signing  the  petition  possess  the  qualifications  provided  by 
the  charter  for  voters,  and  that  each  of  said  signers  is  a  householder  and  free- 
holder in  said  corporation.     The  petition  shall  be  signed  by  not  less  than 


MUNICIPAL    CORPORATIOIVS— SIXTH    CLASS— ELECTION    CO.MMISSIOXEUS.         973 

seventy-five  persons  possessing  all  the  qnalifications  mentioned  in  the  body  of 
the  petition,  and  shall  be  verified  by  at  least  two  of  the  signers,  that,  of  their 
own  knowledge,  the  petition  is  trne,  and  that  all  the  signers  possess  all  the 
qualifications  set  forth  in  the  petition.  Upon  the  presentation  of  the  petition 
to  the  governor,  he  may  either  act  upon  the  petition  or  require  additional  evi- 
dence of  the  matters  set  forth  in  the  petition.  Upon  being  satisfied  of  the 
truth  of  the  matters  set  forth  in  the  petition,  the  governor  is  authorized  and 
empowered  to  appoint  three  persons  as  commissioners  of  election  for  such  cor- 
poration. Such  commission  shall  be  known  and  styled  "Board  of  Election 
Commissioners  for"  (here  give  name  of  corporation). 

§  2.  The  governor  shall  cause  a  commission  to  be  issued  to  the  commission- 
ers, and  the  issuance  of  such  commission  shall  be  conclusive  evidence  of  the 
regularity  of  all  the  proceedings  to  and  including  the  appointment  of  such  com- 
missioner. Within  ten  days  after  their  appointment,  the  commissioners  shall 
take  the  oath  of  office  before  some  judge  or  clerk,  which  oath  shall  be  indorsed 
upon  the  commission,  and  a  copy  filed  in  the  office  of  the  secretary  of  state,  and 
shall  organize  by  the  election  of  a  president  and  secretary  from  their  own 
members.  The  board  shall  cause  to  be  kept  minutes  of  all  their  proceedings, 
which  minutes  shall  be  signed  at  the  close  of  each  meeting  by  the  president  and 
secretary. 

§3.  The  board  of  election  commissioners  shall  have  power:  First,  by  an 
order  entered  in  their  minutes,  to  call  an  election  for  such  officers  as  are 
declared  in  the  charter  of  such  corporation  to  be  elected  only  by  the  voters 
in  said  corporation.  Such  orders  shall  specify  the  names  of  the  offices  to  be 
filled,  and,  when  any  office  is  to  be  filled  by  an  election  in  any  ward  or  sub- 
division of  said  corporation,  the  order  shall  so  state,  and  the  date  fixed  for  the 
election.  Previous  to  the  election,  the  board  shall  appoint  officers  of  election, 
and  fix  the  places  of  holding  the  election,  as  required  in  the  charter  of  such 
corporation.  The  board  shall  cause  notice  of  such  election  to  be  published 
in  one  or  more  newspapers  published  in  said  corporation;  or  if  none  be  pub- 
lished therein,  then  by  posting  notices,  for  at  least  twenty  days  before  such 
election.  Such  election  shall  be  conducted  as  required  by  the  charter  of  said 
corporation  for  the  election  of  officers,  except  that  it  shall  not  be  necessary  to 
use  printed  registers,  but  should  any  voter  be  challenged  on  the  ground  that 
his  name  does  not  appear  on  the  great  register  of  the  county,  it  shall  be  suf- 
ficient for  him-  to  state,  under  oath,  that  he  believes  his  name  is  upon  the 
great  register,  and  if  no  other  evidence  is  offered,  the  board  of  election  shall 
accept  his  statement  as  true. 

§  4.  The  boards  of  election  shall  make  return  of  the  election  as  required  in 
the  charter,  except  that  the  returns  shall  be  returned  and  delivered  to  the 
board  of  election  commissioners,  of  all  officers  voted  for  at  such  election,  with- 
out reference  to  whether  any  of  such  officers  were  voted  for  in  the  whole,  or 
only  a  ward  or  subdivision  of  the  corporation,  and  no  officer  of  election  shall 
issue  a  certificate  of  election. 

§  5.  Within  five  days  after  the  election  the  board  of  election  commissioners 
shall  proceed  to  canvass  said  returns  and  declare  what  persons  were  elected. 
Said  board  shall  thereupon  issue  certificates  of  election  to  the  persons  so 


074        MUNICIPAL    CORPORATIONS— SIXTH    CLASS — LEGISLATIVE    DEPARTMENT. 

declared  to  be  elected;  such  certificate  shall  be  signed  by  all  the  commis- 
sioners, and  shall  be  conclusive  evidence  of  the  regularity  of  all  the  proceed- 
ings taken  in  said  election  and  by  said  board,  except  as  against  any  suit  or 
proceeding  that  may  be  commenced  to  oust  from  office  any  of  said  i)ersons 
holding  a  certificate. 

§  6.  Within  ten  days  after  issuance  of  the  certificates,  the  officers  shall 
be  qualified  and  enter  upon  the  discharge  of  their  duties,  in  accordance  with 
the  charter.  If  any  person  chosen  at  said  election  shall  fail  to  take  the  oath 
of  office  and  enter  upon  the  discharge  of  the  duties  within  the  time  above  speci- 
fied, then  the  office  to  which  he  shall  have  been  elected  shall  be  deemed  and 
held  to  be  vacant,  the  same  as  if  he  had  never  been  elected.  At  the  first  meet- 
ing of  the  legislative  department  of  the  corporation  after  the  election,  the 
board  of  election  commissioners  shall  deliver  to  said  legislative  department  all 
books  and  papers  in  their  possession,  relating  to  their  office  of  election  com- 
missioners, and  said  legislative  department  shall  cause  the  same  to  be  filed  by 
their  clerk,  and  shall  cause  the  commission  issued  by  the  governor  to  said 
commissioners,  and  the  minutes  of  said  commissioners,  and  notice  of  the  elec- 
tion, to  be  entered  in  the  book  of  minutes  of  said  legislative  department,  and 
such  entries,  when  so  made,  shall  be  evidence  of  all  the  matters  therein  stated, 
and  as  conclusive  evidence  as  the  original. 

§  7.  Whenever  the  officers  elected  at  such  election,  and  the  officers  author- 
ized by  the  charter  to  be  elected  or  appointed  by  the  legislative  or  executive 
department  of  said  corporation,  shall  have  qualified  and  entered  upon  the 
discharge  of  their  duties,  then  said  corporation  shall  be  deemed  and  held  to 
be  fully  organized  and  in  operation,  as  if  said  election  had  been  held  at  the 
time  and  in  all  respects  in  the  mannei:  required  by  the  charter. 

§  8.  Whenever  the  government  of  the  corporation  is  in  full  operation,  as 
set  forth  in  section  seven,  the  legislative  department  shall  cause  a  resolution 
to  be  entered  in  their  minutes  declaring  the  same ;  and  such  resolution  shall  be 
conclusive  evidence  of  the  same,  except  as  against  a  direct  action  or  proceed- 
ing to  set  aside  or  annul  said  government. 

§  9.     This  act  shall  take  effect  from  and  after  its  passage. 

See  next  foUowing'  statute. 

As  to  dlsincorporation  of  municipalities  of  sixth  class,  see  Stats.  1895,  115,  as  amended, 
post  p.    989. 

MUNICIPAL    CORPORATIONS— SIXTH    CLASS. 

To  validate  the  organization  and  incorporation  of  municipal  corporations  of 

the  sixth  class. 

(Stats.  1903,  29,  ch.  XXV.) 

§  1.  All  municipal  corporations  of  the  sixth  class,  the  organization  and 
incorporation  of  which  have  been  authenticated  by  an  order  of  a  board  of  super- 
visors in  this  state,  declaring  the  same  incorporated  as  municipal  corporations 
of  the  sixth  class,  and  a  certified  copy  of  which  order  has  been  filed  by  such 
board  of  supervisors  in  the  office  of  the  secretary  of  state,  showing  such  copy 
of  said  order  to  have  been  filed  in  said  office,  and  which  corporations  there- 
after have  acted  in  the  form  and  manner  of  municipal  corporations  under  the 


MUNICIPAL,     CORPORATIOIVS— TAXATION— DITY     OF    FIXING     RATE.  075 

provisions  of  "An  act  to  provide  for  the  organization,  incorporation,  and 
government  of  municipal  corporations,"  approved  March  thirteenth,  eighteen 
hundred  and  eighty-three,  and  the  amendments  thereto,  are  hereby  declared 
to  be  and  to  have  been  municipal  corporations  of  the  sixth  class  from  the  date 
of  filing  the  certified  copy  of  said  order  of  the  board  of  supervisors  with  the 
secretary  of  state ;  and  all  the  acts  of  the  said  municipal  corporations  hereto- 
fore exercised  according  to  the  act  aforesaid,  are  hereby  validated  and  declared 
as  legal. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 

MUNICIPAL    CORPORATIONS— TAXATION. 

To  provide  for  the  levy  and  collection  of  taxes  by  and  for  the  use  of  municipal 
corporations  and  cities  incorporated  under  the  laws  of  the  state,  excepting 
municipal  corporations  of  the  first,  second,  third,  and  fourth  classes,  and 
cities  operating  under  a  charter  framed  under  section  eight,  article  eleven, 
of  the  constitution. 

(Stats.  1891,  22,  ch.  XXXVI.) 

§  1.  The  board  of  trustees,  common  council,  or  other  legislative  body  of 
any  municipal  corporation  or  city  in  this  state,  excepting  municipal  corpora- 
tions of  the  first,  second,  third,  and  fourth  classes,  and  cities  operating  under 
a  charter  framed  under  section  eight,  article  eleven,  of  the  constitution,  shall 
have  power  and  it  shall  be  their  duty  to  fix,  by  ordinance,  the  amount  of 
money  necessary  to  be  raised  by  taxation  upon  the -taxable  property  therein, 
as  a  revenue  to  carry  on  the  various  departments  of  such  corporation  or  city 
for  the  current  year,  not  to  exceed  the  limit  fixed  by  law,  and  to  pay  the  bonded 
or  other  indebtedness  of  such  municipal  corporation  or  city.  The  board  of 
trustees,  common  council,  or  other  legislative  body  shall  meet  for  such  purpose, 
and  shall  so  ascertain  and  fix  said  amount,  on  the  first  Monday  in  August  of 
each  year;  provided,  however,  that  the  provisions  of  this  act  shall  not  apply 
to  or  be  in  force  in  any  city  or  municipal  corporation  until  its  board  of  trustees, 
common  council,  or  other  legislative  body  shall  have  passed  an  ordinance  elect- 
ing to  avail  itself  of  the  provisions  of  this  act,  and  filed  a  certified  copy  of  the 
same  with  the  auditor  of  the  county  in  which  such  municipal  corporation  or 
city  is  situated,  on  or  before  the  first  Monday  in  March  of  each  year. 

§  2.  The  county  auditor  must,  on  or  before  the  third  Monday  in  August 
of  each  year,  transmit  to  the  board  of  trustees,  common  council,  or  other  legis- 
lative body  of  each  municipal  corporation  or  city  within  such  county  a  state- 
ment, in  writing,  showing  the  total  value  of  all  property  within  each  municipal 
corporation  or  city,  respectively,  which  value  shall  be  ascertained  from  the 
assessment  book  of  such  county  for  such  year,  as  equalized  and  corrected  by 
the  board  of  supervisors  for  such  county. 

§  3.  Each  board  of  trustees,  common  council,  or  other  legislative  body  of 
such  municipal  corporation  or  city  shall,  on  the  first  Monday  of  October,  fix 
the  rate  of  taxes,  designating  the  number  of  cents  upon  each  hundred  dollars, 
using  as  a  basis  the  value  of  property  as  assessed  by  the  county  assessor  and 
so  returned  to  such  board  by  the  county  auditor,  as  required  in  section  two 
of  this  act,  which  rate  of  taxation  shall  be  sufficient  to  raise  the  amount  so 


976  MUNICIPAL     CORPORATIONS — TAXATION — LEVY     AND     COLLECTION. 

fixed  by  such  board,  as  required  in  section  one  of  this  act,  which  acts  by  said 
board  are  declared  to  be  a  valid  assessment  of  such  property  and  a  valid  levy 
of  such  rates  so  fixed.  Such  municipal  or  city  board  must  immediately  there- 
after transmit  to  the  county  auditor  of  the  county  in  which  such  municipal 
corporation  or  city  is  situated  a  statement  of  such  rate  so  fixed  by  such  munici- 
pal board. 

§  4.     The  auditor  must  then  compute  and  enter  in  a  separate  column  in  the 

assessment  book,  to  be  headed  "City  Tax,  City  of  "   (naming  it),  the 

respective  sums,  in  dollars  and  cents,  to  be  paid  as  a  municipal  or  city  tax  on 
the  property  therein  enumerated  and  assessed  as  being  in  any  municipal  cor- 
poration or  city,  using  the  rate  of  levy  so  fixed  by  such  municipal  board  and 
the  assessed  value  as  found  in  such  assessment  book ;  such  taxes  so  levied  shall 
be  collected  at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes;  and  when  collected  the  net  amount  as  ascertained  by  section  five  shall 
be  paid  to  the  treasurer  of  the  municipal  corporation  or  city  to  which  it  respec- 
tively belongs,  under  the  general  requirements  and  penalties  provided  by  law 
for  the  settlement  of  other  taxes. 

§  5.  The  board  of  supervisors,  on  the  filing  of  itemized  statements  by  the 
county  auditor  and  county  tax  collector  showing  the  additional  expense  to 
their  offices  of  assessing  and  collecting  these  local  taxes,  may,  by  an  order 
spread  upon  its  minutes,  deduct  such  expenses  from  the  taxes  of  each  munici- 
pal corporation  or  city,  while  in  the  hands  of  the  county  tax  collector,  and 
cover  the  same  into  the  county  salary  fund. 

§  6.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

Marquis  vs.    City   Santa  Ana,    103   Cal.    661,    664,   37  Pac.  Rep.   650. 
See  next  foUowing-  statute. 

MUNICIPAL    CORPORATIONS— TAXATION. 

To  provide  for  the  levy  and  collection  of  taxes  by  and  for  the  use  of  municipal 
corporations  and  cities  incorporated  under  the  laws  of  the  state  of  Cali- 
fornia, except  municipal  corporations  of  the  first  class,  and  to  provide 
for  the  consolidation  and  abolition  of  certain  municipal  offices,  and  to 
provide  that  their  duties  may  be  performed  by  certain  officers  of  the 
county,  and  fixing  the  compensation  to  be  allowed  for  such  county  officers 
for  the  services  so  rendered  to  such  municipal  corporations. 

(Stats.  1895,  219,  ch.  CLXXXII;  amendment   Stats.  1905,  429,  ch.  CCCLVIII.) 

§  1.  The  board  of  trustees,  common  council,  or  other  legislative  body  of 
any  municipal  corporation  or  city  in  this  state,  except  municipal  corporations 
of  the  first  class,  shall  have  power,  and  it  shall  be  their  duty  to  fix  by  ordinance 
the  amount  of  money  necessary  to  be  raised  by  taxation  upon  the  taxable  prop- 
erty therein,  as  a  revenue  to  carry  on  the  various  departments  of  such  munici- 
pal corporation  or  city  for  the  current  year,  not  to  exceed  the  limit  fixed  by 
law,  and  to  pay  the  bonded  or  other  indebtedness  of  such  municipal  cor- 
poration or  city.  The  board  of  trustees,  common  council,  or  other  legislative 
body,  shall  meet  for  such  purpose,  and  shall  so  ascertain  and  fix  said  amount, 
on  the  first  Monday  in  August  of  each  year ;  provided,  however,  that  the  pro- 


MUNICIPAL    COUl'ORATIONS— TAXATION— AVHEN    RATE    TO    BE    FIXED.  077 

visions  of  this  act  shall  not  apply  to  or  be  in  force  in  any  city  or  municipal 
corporation  until  its  board  of  trustees,  common  council,  or  other  legislative 
body,  shall  have  passed  an  oi'dinance  electing  to  avail  itself  of  the  provisions 
of  this  act,  and  filed  a  certified  copy  of  the  same  with  the  auditor  of  the  county 
in  which  such  municipal  corporation  or  city  is  situated,  on  or  before  the  first 
Monday  in  February  of  each  year ;  and  thereafter  all  assessments  shall  be  made 
and  taxes  collected  by  the  assessor  and  tax  collector  of  such  county  until  such 
city  or  municipal  corporation  shall,  by  ordinance,  elect  not  to  avail  itself  of 
the  provisions  of  this  act  for  any  longer  time. 

§  2.  The  board  of  trustees,  common  council,  or  other  legislative  body  of 
any  municipal  corporation  or  city  in  this  state,  except  municipal  corporations 
of  the  first  class,  shall  have  power  to  elect  that  the  duties  of  the  city  treasurer 
of  such  city  or  municipal  corporation  shall  be  performed  by  the  county  treas- 
urer of  the  county  in  which  such  city  or  municipal  corporation  is  situated; 
and  whenever  such  board  of  trustees,  common  council,  or  other  legislative 
body  shall,  by  ordinance,  so  determine,  such  duties  shall  be  performed  by  the 
treasurer  of  the  county  in  which  such  city  or  municipal  corporation  is  situ- 
ated. A  certified  copy  of  such  ordinance  shall  be  served  on  the  tax  collector 
and  treasurer  of  such  county,  and  such  ordinance  shall  also  prescribe  the  man- 
ner in  which  money  shall  be  drawn  out  of  the  various  funds  belonging  to  such 
city  or  municipal  corporation  in  the  hands  of  the  treasurer. 

§  3.  The  county  auditor  must,  on  or  before  the  second  Monday  in  August 
of  each  year,  transmit  to  the  board  of  trustees,  common  council,  or  other  legis- 
lative body  of  such  municipal  corporation  or  city  within  such  countj^  a  state- 
ment, in  writing,  showing  the  total  value  of  all  property  within  each  municipal 
corporation  or  city,  respectively,  which  value  shall  be  ascertained  from  the 
assessment  books  of  such  county  for  such  year,  as  equalized  and  corrected  by 
the  board  of  supervisors  of  such  county. 

§  4.  Each  board  of  trustees,  common  council,  or  other  legislative  body  of 
such  municipal  corporation  or  city  shall,  on  the  first  Monday  in  September, 
fix  the  rate  of  taxes,  designated  in  the  number  of  cents  upon  each  hundred  dol- 
lars, using  as  a  basis  the  value  of  the  property  as  assessed  by  the  county 
assessor,  and  so  returned  to  such  board  by  the  county  auditor,  as  required  by 
section  two  of  this  act,  which  rate  of  taxation  shall  be  sufficient  to  raise  the 
amount  so  fixed  by  such  board,  as  required  in  section  one  of  this  act,  which 
acts  by  said  board  are  declared  to  be  a  valid  assessment  of  such  ]iroperty  and 
a  valid  levy  of  such  rates  so  fixed.  Such  municipal  or  city  board  must  imme- 
diately thereafter  transmit  to  the  county  auditor  of  the  county  in  which  such 
municipal  corporation  or  city  is  situated  a  statement  of  such  rate  so  fixed  by 
such  municipal  board. 

§  5.     The  auditor  must  then  compute  and  enter  in  a  separate  column  in  the 

assessment  book,  to  be  headed  "City  Tax,  City  of  "   (naming  it),  the 

respective  sums  in  dollars  and  cents  to  be  paid  as  a  municipal  or  city  tax  on 
the  property  therein  enumerated  and  assessed  as  being  in  any  municipal  cor- 
poration or  city,  using  the  rate  of  levy  so  fixed  by  such  municipal  board,  and 
the  assessed  value  as  found  in  such  assessment  book.  Such  taxes  so  levied  shall 
be  collected  at  the  same  time  and  in  the  same  manner  as  state  and  county 

Gen.  Laws — 62 


078  MUNICIPAL     CORPORATIONS— TAXATI03V— TAX     COLLECTOR — BOND. 

taxes;  and  when  collected  the  net  amount  as  ascertained  by  sections  six  and 
seven  of  this  act  shall  be  paid  to  the  treasurer  of  the  municipal  corporation 
or  city  to  which  it  respectively  belongs,  under  the  general  requirements  and 
penalties  provided  by  law  for  the  settlement  of  other  taxes;  provided,  how- 
ever, that  when  such  city  has  by  ordinance,  a  certified  copy  of  which  has  been 
served  upon  the  tax  collector  of  such  county,  elected  to  avail  itself  of  the 
provisions  of  section  two  of  this  act,  then  such  tax  collector  shall  pay  the 
money  belonging  to  such  city  or  municipal  corporation  over  to  the  treasurer  of 
the  county  in  which  such  city  or  municipal  corporation  is  situated. 

§  6.  The  county  auditor  and  county  tax  collector  shall  tile  with  the  board 
of  supervisors  itemized  statements  showing  the  additional  expense  to  their 
offices  of  assessing  and  collecting  these  local  taxes,  and  upon  the  filing  of  such 
statements  the  board  of  supervisors  shall,  by  an  order  spread  upon  the  minutes, 
deduct  such  expenses  from  the  taxes  of  such  municipal  corporation  or  city, 
while  in  the  hands  of  the  county  tax  collector,  and  transfer  the  same  into  the 
county  salary  fund ;  provided,  that  not  more  than  one  per  centum  shall  be 
charged  for  collecting  the  first  twenty-five  thousand  dollars  so  collected,  and 
one  fourth  of  one  per  centum  for  all  sums  over  that  amount.  [Amendment, 
Stats.  1905,  429.] 

§  7.  Whenever  the  board  of  trustees,  common  council,  or  other  legislative 
body  of  any  municipal  corporation  or  city  in  this  state  has  elected  to  avail 
itself  of  the  provisions  of  section  two  of  this  act,  the  board  of  supervisors  of 
such  county  shall  also  reserve  as  and  for  the  expenses  of  the  county  treasurer, 
incurred  by  reason  of  the  imposing  of  these  duties  upon  him,  the  sum  of  one 
fourth  of  one  per  centum,  which  sum  shall  be  deducted  from  the  money  col- 
lected by  the  county  tax  collector,  and  covered  in  to  the  county  treasurer  into 
the  county  salary  fund. 

§  8.  Whenever  the  board  of  trustees,  common  council,  or  other  legislative 
body  of  any  municipal  corporation  or  city  in  this  state  shall  have  availed  itself 
of  the  provisions  of  this  act,  all  duties,  other  than  the  assessing  of  the  property 
of  such  city  or  municipal  corporation,  belonging  to  the  office  of  the  city 
assessor  shall  be  transferred  to  and  performed  by  the  clerk  of  such  city  or 
municipal  corporation;  and  all  duties,  other  than  the  collection  of  taxes, 
belonging  to  the  office  of  city  tax  collector  shall  be  transferred  to  and  be  per- 
formed by  the  city  marshal  or  chief  of  police  of  such  city  or  municipal  cor- 
poration, and  thereafter  the  office  of  city  assessor,  and  city  tax  collector,  and 
city  treasurer  may  be  by  ordinance  abolished. 

§  9.  Whenever  any  real  property  situate  in  any  city  or  municipal  corpora- 
tion which  has  availed  itself  of  the  provisions  of  this  act  has  been  sold  for 
taxes  and  has  been  redeemed,  the  money  paid  for  such  redemption  shall  be 
apportioned  by  the  county  treasurer  to  such  city  or  municipal  corporation  in 
the  proportion  which  the  tax  due  to  such  city  or  municipal  corporation  bears 
to  the  total  tax  for  which  such  real  propertj'  was  sold. 

§  10.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  11.     This  act  shall  take  effect  immediately. 


MUNICIPAL     CORPORATIONS— TREE3     PLANTING     AND     MAINTENANCE.  97« 

MUNICIPAL   CORPORATIONS— TREES. 

To  provide  for  the  planting,  maintenance,  and  care  oi'  shade  trees  upon  streets, 
lanes,  alleys,  courts,  and  places  within  municipalities,  and  of  hedges  upon 
the  lines  thereof;  also,  for  the  eradication  of  certain  weeds  within  city 
limits. 

(Stats.  1893,  153,  eh.  CXL.) 

§  1.  All  streets,  lanes,  alleys,  places,  or  courts,  in  the  municipalities  of  this 
state,  now  open  or  ctedicated,  or  which  may  hereafter  be  opened  or  dedicated 
to  public  use,  whose  grade  has  been  officially  established,  and  which  have  been 
actually  graded  in  conformity  therewith,  may  be  planted  with  shade  trees 
along  the  edges  of  the  sidewalks  thereof,  by  order  of  the  city  council,  which 
shall  have  power  also  to  provide  for  the  maintenance  and  care  of  the  same ; 
and  the  city  council  shall  have  power  to  prescribe  the  height,  thickness,  and 
manner  of  trimming  of  all  hedges  set  out,  or  that  shall  be  hereafter  set  out, 
along  the  line  of  any  street,  lane,  alley,  place,  or  court  dedicated  to  public 
use,  whether  graded  or  not,  and  to  compel  compliance  with  its  ordinances  in 
the  premises  by  the  owners  or  occupants  of  the  lots  fronting  thereon.  The 
powers  hereby  conferred  upon  city  councils  shall  be  exercised  in  the  manner 
and  under  the  proceedings  hereinafter  described. 

§  2.  The  city  council  of  any  municipality  in  the  state  may,  at  its  discretion, 
pass  a  resolution  of  intention  to  plant,  or  cause  to  be  planted,  with  shade  trees, 
any  graded  street,  lane,  alley,  place,  or  court  within  the  limits  of  such  munici- 
pality. Such  resolution  of  intention  may  embrace  the  entire  length  of  any 
street,  lane,  alley,  place,  or  court,  or  any  portion  thereof,  but  must  specify  the 
kind  of  trees  to  be  planted,  their  size,  age,  and  their  distance  apart.  The  street 
superintendent  shall  thereupon  cause  to  be  conspicuously  posted  along  both 
sides  of  the  street  mentioned  in  the  resolution,  at  not  more  than  three  hundred 
feet  in  distance  apart,  notices  of  the  passage  of  said  resolution.  Said  notice 
shall  be  headed  ''Notice  to  Plant  Shade  Trees,"  in  letters  not  less  than  one  inch 
in  length,  and  shall,  in  legible  characters,  set  forth  the  language  of  the  resolu- 
tion, and  the  date  of  its  passage.  The  city  clerk  shall  also  cause  a  copy  of  the 
resolution  to  be  published  for  six  days  in  one  or  more  daily  newspapers  pub- 
lished and  circulated  in  said  city,  and  designated  by  said  city  council. 

§  3.  The  owners  of  a  majority  of  the  frontage  of  the  property  on  both  sides 
of  the  street  proposed  to  be  planted  as  aforesaid,  may,  within  ten  days  after 
the  expiration  of  the  time  of  publication  of  said  resolution,  file  their  Avritten 
statement  of  objections  to  the  proposed  work,  with  the  city  clerk,  which  nnist 
be  signed  by  the  objectors,  each  one  writing  after  his  or  her  name  the  number 
of  feet  frontage  owned  by  him  or  her.  Such  objection  must  show  wherein  the 
parties  making  them  wnll  be  injured  or  aggrieved  by  the  proposed  work,  and 
if  the  objection  be  to  the  kind  of  trees  proposed  to  be  planted,  they  must  name 
some  other  kind  of  tree  to  be  substituted  therefor.  The  city  council  shall,  at 
its  next  meeting  after  the  filing  of  said  objections,  fix  a  time  for  hearing  the 
same,  not  less  than  one  week  thereafter.  The  city  clerk  shall  thereupon  notify 
each  objector,  or  his  agent,  who  has  signed  his  or  her  name  to  the  statement, 
by  depositing  in  the  post-office  of  said  city,  a  notice  addressed  to  him  or  her, 
postage  prepaid,  notifying  the  objectors  of  the  time  and  place  of  hearing.     At 


980  MUNICIPAL    CORPORATIONS — TREE     PL  A>iTING— RESOLUTION     AS     TO. 

the  time  specified,  the  council  shall  hear  the  objections  urged,  and  pass  upon 
the  same,  and  its  decision  shall  be  final  and  conclusive,  except  that  in  the 
choice  of  trees  to  be  planted,  it  shall  be  governed  by  the  written  request  of 
the  owners  of  a  majority  of  the  frontage  on  both  sides  of  the  street  which  it  is 
proposed  to  plant.  If  the  objections  be  sustained,  no  further  proceedings 
shall  be  taken  under  the  resolution  of  intention  for  six  months  after  the  date 
of  its  passage.  If  it  be  again  proposed  to  plant  the  street,  the  council  shall 
commence  proceedings  de  novo,  as  if  no  action  had  been  previously  taken. 

§  4.  At  the  expiration  of  ten  days  after  the  expiration  of  the  time  of  publi- 
cation of  said  resolution  of  intention,  if  no  written  objections  to  the  work 
therein  described  shall  have  been  filed  with  the  city  clerk,  as  hereinbefore  pro- 
vided, otherwise  immediately  upon  the  overruling  of  the  objections  by  the 
council,  the  council  shall  be  deemed  to  have  acquired  jurisdiction  to  order  to 
be  done  the  work  which  is  authorized  by  this  act,  which  order  shall  be  pub- 
lished for  two  days  in  the  same  papers  and  manner  as  provided  for  the  publica- 
tion of  the  resolution  of  intention. 

§  5.  Before  passing  any  resolutions  for  the  planting  of  any  street,  the  city 
council  shall  cause  notice,  with  specifications,  to  be  posted  conspicuously  for 
five  days  near  the  door  of  the  council  chamber,  and  shall  advertise  the  same 
for  five  days  in  the  same  manner  and  papers  as  heretofore  provided  for  the 
publication  of  the  resolution  of  intention,  inviting  sealed  proposals  for  bids  for 
furnishing  the  trees  and  doing  the  work  ordered.  All  bids  shall  state  the  sum 
or  price  for  which  the  bidder  will  undertake  to  furnish  the  trees,  of  the  kind, 
age,  and  size  required,  and  will  suitably  prepare  the  ground,  set  out  the  trees, 
warrant  every  one  of  them  to  grow,  or  replace  all  that  fail  to  grow  or  receive 
damage  from  whatever  cause  with  others  of  the  same  kind,  and  of  suitable  age 
and  size  to  preserve  uniformity,  and  will  for  three  years  care  for,  cultivate, 
protect,  irrigate,  and  trim  said  trees.  And  no  order  for  the  planting  of  any 
street  shade  trees  shall  be  made  that  does  not  likewise  provide  for  the  care 
and  maintenance  of  the  trees  for  three  years  by  the  contractor  planting  the 
trees.  All  proposals  or  bids  shall  be  accompanied  by  a  check  payable  to  the 
order  of  the  mayor,  or  president  of  the  city  council,  certified  by  a  responsible 
bank,  for  an  amount  which  shall  not  be  less  than  ten  per  centum  of  the  aggre- 
gate of  the  proposal.  Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of 
the  city  council,  indorsed  "Proposals  to  Plant  Trees,"  and  said  council  shall,  in 
open  session,  examine  and  publicly  declare  the  same ;  provided,  that  no  pro- 
posal or  bid  shall  be  considered  unless  accompanied  by  said  check.  The  coun- 
cil maj'  reject  all  proposals,  should  it  deem  this  for  the  public  good,  and  shall 
reject  the  bid  of  any  party  who  has  been  delinquent  or  unfaithful  in  any  for- 
mer contract  with  the  municipality,  and  may  award  the  contract  to  the  lowest 
responsible  bidder,  at  the  prices  named  in  his  bid,  which  aAvard  shall  be 
approved  by  the  mayor,  or  president  of  the  council.  Notice  of  such  awards  of 
contract  shall  be  posted  and  advertised  for  five  days,  in  the  manner  hereinbe- 
fore provided,  and  it  shall  be  the  duty  of  the  superintendent  of  streets  to  enter 
into  a  contract  with  the  bidder  to  whom  the  work  shall  have  been  awarded  by 
the  council,  and  at  the  prices  specified  in  his  bid ;  whereupon  the  certified 
cheeks  of  all  the  other  bidders  shall  be  returned  to  them,  respectively.  But  if 
such  lowest  bidder  neglects,  fails,  or  refuses,  for  fifteen  days  after  the  first 


MUNICIPAL,    CORPOKATIOIVS— TREE    PLANTING— AAVARDIXG    CONTRACT.         081 

posting  and  publication  of  the  aAvard,  to  enter  into  the  contract,  then  the  city 
council,  without  further  proceedings,  shall  again  advertise  for  proposals  or 
bids  as  in  the  first  instance,  and  shall  award  the  contract  for  said  work  to  the 
then  lowest  bidder.  If  the  contractor  who  shall  have  taken  any  contract  shall 
not  complete  the  planting  within  the  time  limited  in  the  contract,  or  within 
such  further  time  as  the  council  may  give  him,  the  superintendent  of  streets 
shall  report  such  delinquency  to  the  council,  which  may  relet  the  unfinished 
portion  of  the  planting,  and  the  future  care  of  the  trees,  after  pursuing  the 
formalities  hereinbefore  prescribed  for  the  letting  of  the  whole  in  the  first 
instance. 

§  6.  All  contractors  shall,  at  the  time  of  executing  any  contract  for  the 
planting  and  care  of  trees,  execute  a  bond  to  the  satisfaction  of  the  mayor,  or 
president  of  the  city  council,  with  two  or  more  sureties,  and  payable  to  tlie 
city,  in  such  sums  as  the  mayor,  or  president  of  the  council,  shall  deem  ade- 
quate, conditioned  for  the  faithful  performance  of  the  contract,  and  the 
sureties  shall  justify  before  the  recorder,  or  a  justice  of  the  peace,  in  double 
the  amount  mentioned  in  such  bond,  over  and  above  all  statutory  exemption. 
Before  being  entitled  to  any  contract,  the  bidder  to  whom  the  award  shall 
have  been  made  must  pay  into  the  city  treasury  the  cost  of  the  publication  of 
notices,  resolutions,  and  orders,  and  all  other  incidental  expenses  required 
under  the  proceedings  prescribed  by  this  act. 

§  7.  All  work  done  under  the  provisions  of  this  statute  shall  be  executed 
under  the  direction  of  the  superintendent  of  streets,  whose  duty  it  shall  be, 
under  the  general  control  of  the  council,  to  see  that  all  the  obligations  assumed 
by  contractors  towards  the  city  are  faithfully  complied  wuth,  and  that  all 
trees  furnished  are  sound,  healthy,  free  from  infection  by  insects,  and  of  the 
kind,  size,  and  age  called  for  by  the  contract.  He  shall  certify  to  the  com- 
pletion of  all  work,  or  portion  of  work,  which,  by  the  terms  of  the  contract, 
shall  entitle  the  contractor  to  payment  in  whole  or  in  part,  and  the  presenta- 
tion of  his  certificate  by  the  contractor  shall  be  a  condition  precedent  to  each 
payment  that  shall  become  due  under  the  contract. 

§  8.  All  sums  due  to  contractors  under  the  provisions  of  this  act  shall  be 
payable  by  instalments,  as  follows,  to  wit:  Not  more  than  one  half  the  entire 
consideration  in  the  contract  shall  be  payable  on  the  completion  of  the  plant- 
ing, and  out  of  this  amount  the  superintendent  of  streets  shall  see  that  the 
trees  are  paid  for,  to  the  party  furnishing  the  same ;  one  half  the  balance  at 
the  end  of  eighteen  months  after  the  completion  of  the  planting;  provided,  all 
conditions  shall  have  been  complied  with ;  the  remaining  one  half  to  be  paid  at 
the  end  of  three  years  after  the  completion  of  the  planting;  provided,  all  condi- 
tions shall  have  been  complied  with. 

§  9.  Immediately  upon  the  execution  of  any  contract  for  the  planting  and 
care  of  street  trees  under  the  provisions  of  this  act,  it  shall  be  the  duty  of  the 
city  assessor  to  make  an  assessment  to  cover  the  sum  to  become  due  for 
the  work  specified  in  such  contract  (including  all  incidental  expenses)  upon  the 
lots  and  land  fronting  on  the  street,  lane,  alley,  court,  or  place  to  which  such 
contract  relates,  each  lot  or  portion  of  a  lot  being  separately  assessed,  in  pro- 
portion to  the  frontage,  at  a  rate  per  foot  front  sufficient  to  cover  the  total 


083  MUNICIPAL.     CORPORATIONS — TREE     PLANTING — ASSESSMENTS. 

expenses  of  the  work.  Said  assessment  shall  briefly  refer  to  the  contract,  the 
work  contracted  for,  and  shall  show  the  amount  to  be  paid  therefor,  together 
with  any  incidental  expenses,  the  rate  per  foot  front  assessed,  the  amount  of 
each  assessment,  the  name  of  the  owner  of  each  lot,  if  known  to  the  assessor  (if 
unknown,  the  word  "Unknown"  shall  be  written  opposite  the  number  or 
description  of  the  lot,  with  the  amount  assessed  thereon).  And  the  assessor 
shall  attach  to  said  assessment  a  diagram,  exhibiting  the  street,  lane,  alley, 
place,  or  court  on  which  the  work  is  contracted  to  be  done,  and  showing  the 
relative  location  and  frontage  of  such  lot,  numbered  to  correspond  with  the 
numbers  in  the  assessment.  To  said  assessment  shall  be  attached  a  warrant, 
which  shall  be  signed  by  the  superintendent  of  streets,  and  countersigned  by 
the  maj'or,  or  president  of  the  council.  The  said  assessments  and  warrants 
shall  be  separately  issued  for  each  payment  that  shall  be  due  the  contractor,  as 
specified  in  section  eight  of  this  act,  and  shall  be  substantially  in  the  following 
form : 

FORM  OF  THE  WARRANT. 
By  virtue  hereof,  I  (name  of  the  superintendent  of  streets),  of  the  city  of 

,  county  of ,  and  state  of  California,  by  virtue  of  the  authority 

vested  in  me  as  said  superintendent  of  streets,  do  authorize  and  empower 
(name  of  contractor),  his  agents  or  assigns,  to  demand  and  receive  the  several 
assessments  upon  the  assessment  and  diagram  hereto  attached,  and  this  shall 
be  his  warrant  for  the  same. 

Date ,  .     (Name  of  superintendent  of  streets.) 

Countersigned  by  (name  of  mayor  or  president  of  council). 

Recorded  (date , ).     (Name  of  superintendent  of  streets.) 

Said  warrant,  assessment,  and  diagram  shall  be  recorded  in  the  office  of  the 
superintendent  of  streets.  When  so  recorded  the  several  amounts  assessed 
shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lots  assessed,  respectively,  for 
the  period  of  two  years  from  the  date  of  said  recording  unless  sooner  dis- 
charged. From  and  after  the  date  of  said  record  all  persons  interested  in  any 
manner  in  any  or  all  of  the  lots  assessed,  shall  be  deemed  to  have  notice  of 
the  contents  of  said  record. 

§  10.  After  said  warrant,  assessment,  and  diagram  shall  have  been  recorded, 
the  same  shall  be  delivered  to  the  contractor,  his  agents  or  assigns,  on  demand, 
who  shall  thereby  be  authorized  to  demand  and  receive  the  amounts  of  the  sev- 
eral assessments.  In  default  whereof,  and  as  regards  enforced  collections, 
interest,  cost,  and  penalties,  and  the  correction  of  errors,  the  same  proceedings 
are  to  be  had  as  are  specified  in  sections  nine,  ten,  eleven,  twelve,  sixteen,  and 
seventeen  of  an  act  entitled  "An  act  to  provide  for  work  upon  streets,  lanes, 
alleys,  courts,  places,  and  sidewalks,  and  for  the  construction  of  sewers  within 
municipalities,"  approved  March  eighteen,  eighteen  hundred  and  eighty -five, 
amended  March  fourteenth,  eighteen  hundred  and  eighty-nine. 

§  11.  The  city  council  of  every  municipality  in  this  state  has  jurisdiction  of 
the  hedges  and  fences  placed  by  property  owners  along  street  lines,  and  may, 
by  ordinance,  prohibit  the  planting  of  thorn-bearing  hedges,  and  the  use  of 
barbed  wire  along  street  lines,  and  may  regulate  the  height,  width,  and  the 
mode  of  trimming  hedges,  and  enforce  ordinances  enacted  for  such  purposes 


MUIVICIPAl.    CORPORATIONS— VALIDATING    PROCI3EDINGS— ORGANIZATION.         983 

against  absentees,  or  other  negligent  or  recusant  owners  or  occupants  of  lots 
or  lands  on  which  hedges  are  maintained.  They  may  also  condemn,  as  public 
nuisances,  any  or  all  weeds  whose  seeds  are  of  a  winged  or  downy  nature,  and 
are  spread  by  the  winds,  and  may  compel  the  eradiction  of  such  weeds  by  the 
owners  of  the  lots  wdiereon  they  grow,  or  at  their  expense. 

§  12.  The  city  council  or  trustees  of  every  municipality  shall  provide  for 
the  replacement  of  missing  trees,  and  for  the  trimming  and  care  of  all  trees 
that  have  or  shall  have  been  planted  for  tliree  or  more  years  in  the  streets  and 
highway's,  whether  such  planting  shall  have  been  done  under  this  act  or  other- 
wise; the  expense  whereof  must  be  defrayed  out  of  the  street  fund,  and  the. 
work  be  done  by  the  superintendent  of  streets  of  such  municipality. 

§  13.  This  act  shall  only  apply  to  such  municipalities  as  shall  by  vote  of 
the  electors  residing  therein  determine  to  come  within  its  provisions. 

§  14.     This  act  shall  take  effect  from  and  after  its  passage. 

MUNICIPAL   CORPORATIONS— VALIDATING. 

Concerning  municipal  corporations. 
(Stats.  1885,  31,  ch.  XXVII.) 

§  1.  All  municipal  corporations  whose  incorporation  has  been  or  may 
hereafter  be  authenticated  by  an  order  of  any  board  of  supervisors  in  this 
state,  declaring  the  same  incorporated  as  a  municipal  corporation,  and  a  certi- 
fied copy  of  which  order  has  been  or  may  hereafter  be  filed  by  such  board  of 
supervisors  in  the  office  of  the  secretary  of  state,  and  which  have  heretofore 
been  or  may  hereafter  be  organized  under  a  certificate  from  the  secretary  of 
state,  showing  such  order  to  have  been  filed  in  his  office,  and  which  thereafter 
have  acted,  or  hereafter  may  act,  in  the  form  and  manner  of  a  municipal  cor- 
poration, under  the  provisions  of  an  act  entitled  "An  act  to  provide  for  the 
organization,  incorporation,  and  government  of  municipal  corporations," 
approved  March  thirteenth,  eighteen  hundred  and  eighty-three,  are  hereby 
declared  to  be  and  to  have  been  municipal  corporations  from  the  date  of  filing 
the  certified  copy  of  said  order  of  the  board  of  supervisors  with  the  secretary 
of  state ;  and  all  the  acts  of  said  municipal  corporations  heretofore  exercised, 
or  which  may  be  hereafter  exercised,  according  to  the  act  aforesaid,  are  hereby 
validated  and  declared  to  be  legal. 

§  2.     This  act  shall  take  effect  immediately. 

MUNICIPAL    CORPORATIONS— VALIDATING. 

To  validate  proceedings  for  the  reorganization  of  municipal  corporations  taken 
since  the  passage  of  the  act  entitl'^d  "An  act  to  provide  for  the  organiza- 
tion, incorporation,  and  government  of  municipal  corporations." 

(Stats.  1887,  150,  ch.  CXXXIII.) 

§  1.  All  cities  and  counties,  cities,  or  towns  reorganized  or  claiming  to  have 
been  reorganized,  since  the  passage  of  the  act  the  title  of  which  is  recited  in 
the  title  hereof,  or  which  have  attempted  since  said  date  to  reorganize  under 
the  provisions  of  said  act,  and  have  acted  as  municipal  corporations  since  such 


»84      MUNICIPAL,    CORPORATIONS— VALIDATING    PROCEEDINGS— ORGANIZATION. 

reorganization,  or  attempted  reorganization,  are  hereby  declared  to  be,  and  to 
have  been  from  the  date  of  such  reorganization,  or  attempted  reorganization, 
duly  and  legally  incorporated  and  reorganized  cities,  and  all  proceedings  for 
the  reorganization  of  such  municipal  corporations  are  hereby  validated  and 
declared  legal. 

MUNICIPAL    CORPORATIONS— VALIDATING. 

To  validate  proceedings  for  the  reorganization  of  municipal  corporations  taken 
since  the  passage  of  the  act  entitled  "An  act  to  provide  for  the  organiza- 
tion, incorporation,  and  government  of  municipal  corporations,"  approved 
March  thirteenth,  eighteen  hundred  and  eighty-three. 
(Stats.  1889,  203,  ch.  CLXIX.) 

§  1.  All  cities  and  counties,  cities,  or  towns  reorganized,  or  claiming  to 
have  been  reorganized,  since  the  passage  of  the  act  the  title  of  which  is  recited 
in  the  title  hereof,  or  which  have  attempted  since  said  date  to  reorganize  or 
incorporate  under  the  provisions  of  said  act,  and  have  acted  as  municipal  cor- 
porations since  such  reorganization,  are  hereby  declared  to  be,  and  to  have 
been  from  the  date  of  such  reorganization,  or  attempted  reorganization,  duly 
and  legally  incorporated  and  reorganized  cities,  and  all  proceedings  for  the 
reorganization  of  such  municipal  corporations  are  hereby  validated  and 
declared  legal. 

MUNICIPAL   CORPORATIONS— VALIDATING. 

To  validate  proceedings  for  the  reorganization  of  municipal  corporations  taken 
since  the  passage  of  the  act  entitled  "An  act  to  provide  for  the  organiza- 
tion, incorporation,  and  government  of  municipal  corporations,"  approved 
March  thirteenth,  eighteen  hundred  and  eighty-three,  and  also  since  the 
passage  of  the  act  entitled  "An  act  to  provide  for  the  classification  of 
municipal  corporations,"  approved  March  second,  eighteen  hundred  and 
eighty-three. 

(Stats.  1891,  92,  ch.  LXXXVIII.) 

§  1.  All  cities  and  counties,  cities,  or  towns,  reorganized,  or  claiming  to  have 
been  reorganized,  since  the  passage  of  the  acts  the  titles  of  which  are  recited 
in  the  title  hereof,  or  which  have  attempted  since  said  dates  to  reorganize  or 
incorporate  under  the  provisions  of  said  acts,  or  either  of  them,  and  have  acted 
as  municipal  corporations  since  such  reorganization,  are  hereby  declared  to 
be  and  to  have  been  from  the  date  of  such  reorganization,  or  attempted  reor- 
ganization, duly  and  legally  incorporated  and  reorganized  cities,  and  all  pro- 
ceedings for  the  reorganization  of  such  municipal  corporations  are  hereby 
validated  and  declared  legal. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

MUNICIPAL    CORPORATIONS— VALIDATING. 

To  validate  the  organization  and  incorporation  of  municipal  corporations. 
(Stats.  1897,  168,  ch.  CXII.) 

§  1.  All  municipal  corporations  the  organization  and  incorporation  of 
which  have  been  authenticated  by  an  order  of  a  board  of  supervisors  in  this 


MUNICIPAL.    CORPORATIONS — VALIDATING    PROCEEDINGS— ORGANIZATION.         085 

state,  declaring  the  same  incorporated  as  municipal  corporations  of  the  classes 
to  which  such  corporations  may  respectively  belong,  and  a  certified  copy  of 
which  order  has  been  filed  by  such  board  of  supervisors  in  the  office  of  the 
secretary  of  state,  showing  such  copy  of  said  order  to  have  been  filed  in  said 
office,  and  which  corporations  thereafter  have  acted  in  the  form  and  manner 
of  municipal  corporations  under  the  provisions  of  ''An  act  to  provide  for  the 
organization,  incorporation,  and  government  of  municipal  corporations," 
approved  March  thirteenth,  eighteen  hundred  and  eighty-three,  and  the  amend- 
ments thereto,  are  hereby  declared  to  be  and  to  have  been  municipal  corpora- 
tions from  the  date  of  filing  the  certified  copy  of  said  order  of  the  board  of 
supervisors  with  the  secretary  of  state ;  and  all  the  acts  of  the  said  municipal 
corporations  heretofore  exercised  according  to  the  act  aforesaid,  are  hereby 
validated  and  declared  as  legal. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 

MUNICIPAL    CORPORATIONS— VALIDATING. 

To  validate  the  organization  and  incorporation  of  municipal  corporations. 

(Stats.  1905,  400,  ch.  CCCXLI.) 

§  1.  All  municipal  corporations  the  organization  and  incorporation  of 
which  have  been  authenticated  by  an  order  of  a  board  of  supervisors  in  this 
state,  declaring  the  same  incorporated  as  municipal  corporations  of  the  classes 
to  which  such  corporations  may  respectively  belong,  and  a  certified  copy  of 
which  order  has  been  filed  by  such  board  of  supervisors  in  the  office  of  the 
secretary  of  state,  showing  such  copy  of  said  order  to  have  been  filed  in  said 
office,  and  which  corporations  thereafter  have  acted  in  the  form  and  manner 
of  municipal  corporations  under  the  provisions  of  "An  act  to  provide  for  the 
organization,  incorporation,  and  government  of  municipal  corporations," 
approved  March  thirteenth,  eighteen  hundred  and  eightj'-three,  and  the 
amendments  thereto,  are  hereby  declared  to  be  and  to  have  been  municipal  cor- 
porations from  the  date  of  filing  the  certified  copy  of  said  order  of  the  board 
of  supervisors  with  the  secretary  of  state  ;  and  all  the  acts  of  the  said  municipal 
corporations  heretofore  performed  according  to  the  act  aforesaid,  are  hereby 
validated,  and  declared  as  legal. 

MUNICIPAL   CORPORATIONS— WATER    SUPPLY. 

To  enable  the  board  of  supervisors,  town  council,  board  of  aldermen,  or  other 
legislative  body  ot  any  city  and  county,  city,  or  town,  to  obtain  data  and 
information,  from  any  corporation,  company,  or  person  supplying  water 
to  such  city  and  county,  city,  or  town,  requiring  such  boards,  town  council, 
or  other  legislative  body  to  perform  the  duties  prescribed  by  section  one 
of  article  fourteen  of  the  constitution,  and  prescribing  penalties  for  the 
non-performance  of  such  duties. 

(Stats.  1881,  54,  ch.  LIT.) 

§  1.  The  board  of  supervisors,  town  council,  board  of  aldermen,  or  other 
legislative  body  of  any  city  and  county,  city,  or  town,  are  hereby  authorized 
and  empowered,  and  it  is  made  their  official  duty,  to  annually  fix  the  rates  that 


986  MUNICIPAL.    CORPORATIONS— AVATER    SUPPLY— PROCEEDINGS    FOR. 

shall  be  charged  and  collected  by  any  person,  company,  association,  or  cor- 
poration for  water  furnished  to  any  such  city  and  county,  or  city,  or  town, 
or  the  inhabitants  thereof.  Such  rates  shall  be  fixed  at  a  regular  or  special 
session  of  such  board  or  other  legislative  body,  held  during  the  month  of  Feb- 
ruary of  each  year,  and  shall  take  effect  on  the  first  day  of  July  thereafter, 
and  shall  continue  in  full  force  and  effect  for  the  term  of  one  year  and  no 
longer. 

§  2.  The  board  of  supervisors,  town  council,  board  of  aldermen,  or  other 
legislative  body  of  any  city  and  county,  cit}'',  or  town,  are  hereby  authorized, 
and  it  is  hereby  made  their  duty,  at  least  thirty  days  prior  to  the  fifteenth  day 
of  January  of  each  year,  to  require,  by  ordinance  or  otherwise,  any  corporation, 
company,  or  person  supplying  water  to  such  county,  city  or  town,  or 
to  the  inhabitants  thereof,  to  furnish  to  such  board,  or  other  governing 
body,  in  the  month  of  January  in  each  year,  a  detailed  statement,  verified  by 
the  oath  of  the  president  and  secretary  of  such  corporation  or  company,  or  of 
such  person,  as  the  case  may  be,  showing  the  name  of  each  water-rate  payer, 
his  or  her  place  of  residence,  and  the  amount  paid  for  water  by  each  of  such 
water-rate  payers,  during  the  year  preceding  the  date  of  such  statement,  and 
also  showing  all  revenue  derived  from  all  sources,  and  an  itemized  statement 
of  expenditures  made  for  supplying  water  during  said  time. 

§  3.  Accompanying  the  first  statement  made  as  prescribed  in  section  two  of 
this  act,  every  such  corporation,  company,  or  person  shall  furnish  a  detailed 
statement,  verified  in  like  manner  as  the  statement  mentioned  in  section  two 
hereof,  showing  the  amount  of  money  actually  expended  annually,  since  com- 
mencing business,  in  the  purchase,  construction,  and  maintenance,  respectively, 
of  the  property  necessary  to  the  carrying  on  of  its  business,  and  also  the  gross 
cash  receipts  annually,  for  the  same  period,  from  all  sources. 

§  4.  Every  corporation,  company,  or  person  who  shall  refuse  or  neglect  to 
furnish  the  statements  mentioned  in  sections  two  and  three  of  this  act,  or 
either  of  them,  or  who  shall  furnish  any  false  statement  in  relation  thereto, 
within  thirty  days  after  having  been  required  or  requested  to  furnish  the  same 
as  prescribed  in  sections  one,  two,  and  three  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor. 

§  5.  Upon  receiving  the  statements  provided  for  in  sections  two  and  three 
of  this  act,  the  board  of  supervisors,  town  council,  board  of  aldermen,  or  other 
legislative  body,  shall  cause  a  copy  thereof  to  be  made  and  filed  in  the  office  of 
the  county  recorder  of  such  city  and  county,  or  of  the  county  wherein  such 
city  or  town  is  situated. 

§  6.  Rates  for  the  furnishing  of  water  shall  be  equal  and  uniform.  There 
shall  be  no  discriminations  made  between  persons,  or  between  persons  and  cor- 
porations, or  as  to  the  use  of  water  for  private  and  domestic,  and  public  or 
municipal  purposes;  provided,  that  nothing  herein  shall  be  so  construed  as  to 
allow  any  person,  company,  association,  or  corporation,  to  charge  any  person, 
corporation,  or  association  anything  for  water  furnished  them  when,  by  any 
present  law,  such  water  is  free. 

§  7.  Any  person,  company,  association,  or  corporation  charging,  or  attempt- 
ing to  collect  from  the  persons,  corporations,  or  municipalities  using  water,  any 


MUNICIPAL     CORPORATIONS— WATER     SUPPLY— PURCHASE,     ETC.  087 

sum  in  excess  of  the  rate  fixed,  as  hereinbefore  designated,  shall,  upon  the 
complaint  of  said  board  of  supervisors,  town  council,  board  of  aldermen,  or 
other  legislative  body  thereof,  or  of  any  water-rate  payer,  and  upon  conviction 
before  any  court  of  competent  jurisdiction,  shall  forfeit  the  franchises  and 
waterworks  of  such  person,  company,  association,  or  corporation  to  the  city 
and  county,  city  or  town,  wherein  the  said  water  is  furnished  and  used. 

§  8.  Any  board  of  supervisors,  or  other  legislative  body  of  any  city  and 
county,  city,  or  town  which  shall  fail  or  refuse  to  perform  any  of  the  duties 
prescribed  by  this  act,  at  the  time  and  in  the  manner  hereinbefore  specified, 
shall  be  deemed  guilty  of  malfeasance  in  office,  and  upon  conviction  thereof, 
at  the  suit  of  any  interested  party,  in  any  court  of  competent  jurisdiction,  shall 
be  removed  from  office. 

§  9.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its 
passage. 

§§  2,   3 — "Water   W^orks    vs.    San    Francisco,  Section  eight  of  tlie  foregoing  act  is  held 

82   Cal.    286,   331.    22   Pac.   Rep.    1046.    6   L.    R.  unconstitutional,   in  so  far  as  the  provision 

A.    756.      §6 — Spring   Valley   "W.    W.    vs.    San  that   penalty    may   be   imposed    "at    the   suit 

Francisco,  61  Cal.  3,  40.     §8 — Fitch  vs.  Board  of  an  interested  party"  is  concerned,  by  the 

Supervrs.,    122    Cal.    285,    288,    54    Pac.    Rep.  supreme    court    in    Fitch    vs.    Board    Super- 

901.      Generally — Morton    vs.    Broderick,    118  visors,   122   Cal.   285,   54   Pac.   Rep.   901. 

Cal.    474,    479,    50    Pac.    Rep.    644;    San    Diego  As    to   reguIatlonN    oiitMitle    of   niunieipnli- 

W.   Co.   vs.    San    Diego,   118   Cal.    556,    579,    62  ties  and  rights  of  way  for  conducting  water, 

Am.    St.    Rep.    261n,    50   Pac.    Rep.    633,    38    L.  see  tit.  AVater,  and  Stats.  1885,  95,  ch.  CXV, 

R.  A.   460.  post. 

MUNICIPAL   CORPORATIONS— WATER. 

Authorizing  incorporated  cities  to  acquire,  by  gift,  purcha.se,  or  condemnation 
proceedings,  water,  water  rights,  reservoir  sites,  rights  of  way,  and  other 
appliances  for  supplying  such  cities  and  their  inhabitants  with  water. 
(Stats.  1891,  102,  ch.  XCVI.) 

§  1.  Any  incorporated  city  in  this  state  may  acquire  by  gift,  purchase,  or 
condemnation  proceedings,  under  the  power  of  eminent  domain,  water,  water 
rights,  reservoir  sites,  rights  of  way  for  pipes,  aqueducts,  flumes,  or  other  con- 
duits, and  all  other  property  and  appliances  suitable  and  proper  for  supplying 
such  city  and  its  inhabitants  with  water. 

§  2.     This  act  shall  go  into  effect  immediately  upon  it  passage. 

City   Los   Angeles   vs.    Pomeroy,    124    Cal.    597,  616,  57  Pac.  Rep.  585. 
See  Stats.  1903,  405,  post,  joint  water  system. 

MUNICIPAL   CORPORATIONS— WATER. 

To  authorize  cities  to  acquire  and  operate  a  joint  system  or  systems  of  water 

supply. 

(Stats.  1903,  405,  ch.  CCLXXIX.) 

§  1.  Any  two  or  more  cities  incorporated  under  the  constitution  and  laws  of 
this  state  are  hereby  empowered  to  jointly  ac(iiiire  and  develop  a  source  or 
sources  of  water  supply  for  municipal  and  domestic  purposes,  and  to  construct 
the  works  necessary  for  their  joint  and  several  purposes  and  needs. 

§  2.  Whenever  the  legislative  body  of  a  city  deems  it  advisable  to  investigate 
the  desirability  of  joint  action  with  any  other  city,  or  cities,  for  acquiring  and 
maintaining  a  water  supply,  such  legislative  body  shall  pass  a  resolution  to  that 


988  MUNICIPAL.    CORPORATIONS — WATER    SUPPLY — COST. 

effect,  and  thereupon  the  mayor  of  said  city  shall,  with  the  consent  and  advice 
of  said  legislative  body,  appoint  three  commissioners  to  confer  with  like  com- 
missioners from  any  other  city.  Said  commissioners  from  the  respective  cities 
shall  meet  and  consider  the  question  of  the  desirability  of  their  respective  cities 
taking  joint  action  to  acquire  and  develop  water  supply  for  their  respective 
cities,  and  the  plans,  terms  and  conditions  they  deem  feasible,  just  and  equitable, 
and  if  they  agree  upon  such  plans,  terms  and  conditions  they  shall  report  the 
same  to  the  legislative  bodies  of  their  respective  cities. 

§  3.  If  the  legislative  bodies  of  two  or  more  cities  approve  the  plans,  terms 
and  conditions  of  the  joint  action  reported  by  the  eonnuissioners  they  shall,  by 
resolution,  declare  such  approval,  and  shall  submit  the  same  to  the  qualified  voters 
of  their  respective  cities  for  their  approval  or  rejection  at  the  next  city  election, 
or  at  a  special  election  called  for  that  purpose.  If  the  terms,  conditions  and 
plans  are  approved  by  a  majority  of  the  voters  voting  thereon  at  such  election 
the  said  cities  may  enter  upon  the  work  of  developing  or  acquiring  water  supply 
for  the  said  cities  in  accordance  with  such  plans,  terms  and  conditions.  And 
any  city  may,  in  the  manner  required  by  law,  issue  bonds  for  the  purpose  of 
prosecuting  and  completing  the  work  of  acquiring  a  water  supply  jointly  with 
other  cities.  All  proceedings  relating  to  the  issue  of  such  bonds  shall  be  taken 
as  now  required  by  law  for  the  issue  of  bonds  to  acquire  a  water  supply. 

§  4.  Joint  ownership  and  costs  shall  be  restricted  to  those  portions  of  the 
sources  and  works  which  shall  be  common  to  all  the  municipalities  served,  and 
each  municipality  shall  exclusively  own,  construct  and  operate  those  sources  and 
works  which  are  for  its  exclusive  use. 

§  5,  The  apportionment  of  all  costs  of  acquisition,  construction,  operation  and 
maintenance  of  the  joint  properties  shall  be  made  upon  the  basis  of  the  amount 
of  water  proposed  to  be  apportioned  to  the  several  municipalities,  unless  a  differ- 
ent apportionment  of  costs  shall  be  agreed  upon. 

§  6.  The  total  costs  of  works  which  shall  exclusively  serve  any  municipality 
shall  be  borne  by  such  municipality  exclusively. 

§  7.  The  plans,  terms,  conditions,  or  other  agreement  for  acquiring  said  water 
supply,  may  be  modified  from  time  to  time  by  agreement  between  the  respective 
cities,  which  agreement  shall  be  declared  by  the  action  of  their  respective  legis- 
lative bodies. 

§  8.  The  term  "city"  and  the  term  "municipality,"  as  used  in  this  act  shall 
include  a  consolidated  city  and  county,  and  the  same  rights  and  privileges  by 
this  act  given  to  an  incorporated  city  shall  pertain  to  a  consolidated  city  and 
county. 

§  9.  Before  any  resolution  or  ordinance  relating  to  the  joint  acquisition  of  a 
water  supply  becomes  binding  upon  any  city  or  municipality  it  shall  be  approved 
by  the  mayor  of  such  city,  or  passed  over  his  veto,  in  the  manner  provided  by 
law  or  the  charter  of  such  city  for  the  passage  of  ordinances. 

§  10.     This  act  shall  be  in  force  from  and  after  its  passage. 

See  Stats.    1S91,    102,   ante,   and   see  next   foHowing   statute. 


MUNICIPAL     CORPORATIOXS  — SIXTH     CLASS— DISINCOUroRATlON.  9S» 

MUNICIPAL   CORPORATIONS— WATER. 

To  provide  for  the  sale  of  an  excess  of  water  wheu  owned  by  a  niuiiicipality. 

(Stats.  1897,  182,  eh.  CXXI.) 

§  1.  "Whenever  the  water  supply  owned  by  any  city,  incorporated  town, 
county,  or  city  and  county,  is  in  excess  of  the  amount  required  to  supply  the 
water  required  by  the  inhabitants  thereof,  it  may  be  declared  by  ordinance  that 
such  excess  exists,  and  such  excess  of  water  may  be  sold  outside  of  the  limits  of 
the  corporation;  but  in  no  case  shall  a  contract  be  made  for  a  supply  of  any 
excess  of  water  sold  by  a  city,  incorporated  town,  county,  or  city  and  county, 
outside  the  corporate  limits  for  a  period  longer  than  one  year;  and  in  no  case 
shall  such  a  contract  be  made  unless  the  legislative  authority  of  a  city,  incor- 
porated town,  county,  or  city  and  county,  declare  by  ordinance  that  there  exists 
an  excess  of  water  not  required  to  supply  the  inhabitants  of  the  city,  incor- 
porated town,  county,  or  city  and  county,  within  the  term  of  the  contract,  but 
water  not  required  to  supply  the  inhabitants  of  a  city,  incorporated  town, 
county,  or  city  and  county,  may  be  sold  by  the  authorities  thereof  outside  the 
corporate  limits  from  month  to  month  during  the  existence  of  such  excess,  and 
shall  be  sold  only  at  the  rates  fixed  for  consumers  inside  the  corporate  limits. 

§  2.     This  act  shall  take  effect  immediately. 

MUNICIPAL  CORPORATIONS— SIXTH  CLASS— DISINCORPORATION. 

To  provide  for  the  disincorporation  of  municipal  corporations  of  the  sixth  class. 
(Stats.  1895,  115,  ch.  CXXV;  amended  1897,  17,  ch.  XXII;  1899,  13,  ch.  XVII.) 

§  1.  A  municipal  corporation  of  the  sixth  class  may  disincorporate  after  pro- 
ceedings had  as  required  in  this  act.  The  council,  the  board  of  trastees,  or  other 
legislative  body  of  such  corporation  shall,  upon  receiving  a  petition  therefor, 
signed  by  not  less  than  half  of  the  qualified  electors  thereof,  as  shown  by  the 
vote  cast  at  the  last  municipal  election  held  therein,  submit  to  the  electors  of 
such  corporation  the  question  whether  such  municipal  corporation  shall  disin- 
corporate. Such  question  shall  be  submitted  at  a  special  election  to  be  held  for 
that  purpose,  and  such  legislative  body  shall  give  notice  thereof  by  publication 
in  a  newspaper  printed  or  published  in  such  corporation,  or  if  there  is  no  news- 
paper published  in  said  corporation,  then  in  some  newspaper  published  in  the 
count}''  in  which  said  corporation  is  situated,  for  a  period  of  thirty  days  prior  to 
such  election.  Said  notice  shall  state  that  the  question  of  disincorporating  said 
corporation  will  be  submitted  to  the  legal  voters  of  the  same  at  the  time  ap- 
pointed for  such  election,  and  the  electors  shall  be  invited  thereby  to  vote  upon 
such  proposition  by  placing  upon  their  ballots  the  cross,  as  provided  by  law, 
after  the  words  "For  disincorporation,"  or  "Against  disincorporation."  Such 
legislative  body  shall  also  designate  in  said  notice  the  place  or  places  at  which 
the  polls  will  be  open  in  said  municipal  corporation ;  and  shall  also  appoint  and 
designate  in  such  notice  the  names  of  the  officers  of  election.  The  vote  at  said 
election  shall  be  taken,  canvassed,  and  returned  in  the  same  manner  as  in  other 
municipal  elections.  Such  legislative  body  shall  meet  on  the  IMonday  next  suc- 
ceeding the  day  of  such  election,  and  proceed  to  canvass  the  votes  cast  thereat. 


990  MUNICIPAL.    CORPORATIONS— SIXTH    CLASS— DISINCORPORATION. 

If  it  be  found  by  the  canvass  of  said  votes  that  less  than  two  thirds  of  the  votes 
east  were  in  favor  of  disincorporation,  such  legishitive  body  shall  declare  the 
petition  for  disincorporation  denied,  in  which  case  no  new  election  shall  be  held 
on  the  question  of  disincorporating  the  corporation  involved  in  said  petition  and 
vote  until  after  the  expiration  of  two  years  from  date  of  the  election  so  held.  In 
case  it  shall  appear  from  said  canvass  that  two  thirds  of  all  the  votes  cast  were 
in  favor  of  disincorporation,  said  legislative  body  shall,  under  their  hands,  make 
and  file  in  their  office,  and  cause  to  be  entered  upon  their  record  of  proceedings, 
an  order  that  the  petition  for  such  disincorporation  be  granted,  and  declaring 
that  such  corporation  be  disincorporated;  said  order  to  take  effect  at  the  time 
hereinafter  provided. 

Said  legislative  body  shall,  in  case  said  corporation  is  so  disincorporated,  forth- 
with cai^se  their  clerk,  or  other  officer  performing  the  duties  of  clerk,  by  an  order 
entered  in  their  minutes,  to  make  and  transmit  to  the  secretary  of  state  and 
board  of  supervisors  of  the  county  in  which  said  corporation  is  situated,  a  certi- 
fied copy  and  abstract  of  the  notice  of  election  hereinbefore  provided  for,  the 
whole  number  of  electors  voting  for  said  disincorporation,  and  the  number  of 
electors  voting  against  said  disincorporation.  Thirty  days  from  and  after  the 
holding  of  the  election,  in  case  two  thirds  of  the  said  votes  were  cast  in  favor  of 
said  disincorporation,  said  municipal  corporation  shall  be  forever  disincorpo- 
rated. Said  legislative  body  shall  forthwith,  after  ascertaining  by  said  canvass 
that  said  disincorporation  has  been  carried,  determine  the  amount  of  the  indebt- 
edness of  said  municipal  corporation,  the  amount  of  money  in  the  treasury 
thereof,  and  the  amount  of  any  tax  levy  made  by  said  corporation  unpaid  or 
not  due,  and  all  other  indebtedness  due  or  coming  due  to  said  corporation,  and 
within  thirty  days  from  the  date  of  said  election  shall  transmit  a  certified  state- 
ment of  said  amount  to  the  board  of  supervisors  of  the  county  in  which  said 
municipal  corporation  is  situated ;  and  the  treasurer  of  said  corporation  shall 
before  the  expiration  of  said  thirty  days,  turn  over  to  the  treasurer  of  said 
county  all  moneys  of  said  municipal  corporation  in  his  possession,  and  said 
county  treasurer  shall  place  said  moneys  in  a  special  fund,  to  be  drawn  upon  as 
hereinafter  provided  for.  Upon  the  disincorporation  of  said  municipal  cor- 
poration, every  public  officer  of  said  corporation  shall  immediately  turn  over 
to  the  board  of  supervisors  of  the  county  in  which  said  corporation  is  situated, 
all  public  property  of  every  nature  and  description  in  their  possession;  provided, 
however,  that  all  court  records  of  the  recorder's  court  of  the  said  municipal  cor- 
poration shall  be  retained  by  said  recorder  as  ju.stice  of  the  peace  of  the  town- 
ship, and  as  such  justice  of  the  peace  he  shall  have  authority  to  execute  and 
complete  all  unfinished  business  standing  on  the  same.  Nothing  contained  in 
this  act  shall  be  held  to  relieve  said  municipal  corporation,  or  the  territory 
included  within  it,  from  any  liability  for  any  debt  contracted  by  such  municipal 
corporation  prior  to  its  disincorporation.  All  warrants  for  said  indebtedness 
shall  be  drawn  by  the  board  of  supervisors  of  the  county  in  which  said  munici- 
pal corporation  is  situated,  on  the  fund  hereinabove  provided  for  in  the  county 
treasury.  If,  at  the  time  of  said  disincorporation,  a  tax  shall  have  been  levied 
by  said  municipal  corporation,  and  remains  uncollected,  it  shall  be  the  duty  of 
the  tax  collector  of  the  county  in  which  said  municipal  corporation  was  situated 
to  collect  said  tax  when  due,  and  pay  the  same  into  the  county  treasury.     All 


I 


MUNICIPAL     CORPORATIONS— SIXTH     CLASS— DISINCORPORATION.  »01 

property  upon  which  auy  municipal  tax  has  been  levied  and  the  same  has  l)ecome 
delinquent,  either  before  or  after  the  date  of  such  disincorporatioii,  and  all 
property  sold  for  auy  tax  levied  by  said  municipal  corporation,  may  be  re- 
deemed by  auy  party  interested,  by  the  payment  to  the  county  treasurer,  upon 
the  estimates  of  the  auditor,  of  the  money  that  would  have  been  necessary  to 
redeem  such  property,  had  said  city  not  disincorporated.  All  moneys  paid  into 
the  county  treasury  under  the  provisions  of  this  act  shall  be  placed  to  the  credit 
of  the  special  fund  hereinbefore  provided  for.  If,  at  anj''  time  after  the  disin- 
corporation  of  such  municipal  corporation,  it  should  be  found  that  there  is  not 
sufficient  money  in  the  treasury  to  the  credit  of  the  fund  hereinabove  provided 
for,  with  which  to  pay  any  indebtedness  of  said  municipal  corporation,  the 
board  of  supervisors  of  said  county  shall  have  the  power,  and  it  shall  be  their 
duty  to  levy,  and  there  shall  be  collected  from  the  territory  formerly  included 
wnthin  said  municipal  corporation,  a  tax  or  taxes  sufficient  in  amount  to  pay  the 
said  indebtedness,  of  said  municipal  corporation,  as  the  same  shall  become  due; 
such  tax  or  taxes,  assessments,  and  collections  shall  be  made  in  the  same  manner 
and  at  the  same  time  that  other  taxes  of  said  county  are  levied  and  collected, 
and  shall  be  an  additional  tax  upon  the  property  included  within  said  territory 
for  the  payment  of  said  debts.  If,  after  payment  of  the  debts  of  said  municipal 
corporation,  there  shall  remain  auy  surplus  in  the  hands  of  said  county  treasurer 
to  the  credit  of  the  fund  hereinbefore  mentioned,  the  money  so  remaining  shall 
be  transferred  to  the  school  fund  of  the  districts  or  district  covered  by  said 
municipal  corporation.      [Amendment,   Stats.   1899,  13.] 

§  2.  The  board  of  supervisors  of  the  county  in  which  any  such  municipal 
corporation  has  been  disincorporated,  shall  have  the  power,  and  it  shall  be  their 
duty,  if  the  board  of  trustees  or  other  legislative  body  of  such  corporation  shall 
fail  or  refuse  to  return  to  said  board  of  supervisors  the  statement  of  said  amounts 
as  hereinbefore  in  this  act  provided,  to  ascertain  the  indebtedness  of  said  munici- 
pal corporation  at  the  time  of  its  disincorporation,  and  the  amount  of  money 
in  its  treasury  and  the  amount  due  to  it  at  the  said  time.  Said  board  of  super- 
visors shall  make  provision  for  the  collection  of  the  amounts  due  to  said  munici- 
pal corporation,  and  for  the  closing  up  of  its  affairs,  and  any  act  or  acts 
necessary  for  such  purpose  and  not  otherwise  herein  provided  for,  shall,  upon 
the  order  of  said  board  of  supervisors  directing  the  same,  be  as  fully  done  and 
performed  by  the  officer  or  officers  performing  similar  duties  for  the  said  county, 
and  with  as  full  effect  as  if  the  same  had  been  performed  by  the  proper  officer 
of  said  municipal  corporation,  before  disincorporation,  and  said  county  shall 
succeed  to  and  possess  all  the  rights  of  said  municipal  corporation  in  and  to 
said  indebtedness,  and  shall  have  power  to  sue  for  or  otherwise  collect  any  such 
debts,  in  the  name  of  the  county.  All  costs  and  expense  of  ascertaining  the  facts 
hereinbefore  mentioned,  and  all  other  costs  and  expense  incurred  by  the  board  of 
supervisors  in  the  execution  of  the  powers  and  duties  of  said  board  of  super- 
visors, provided  for  in  this  act,  shall  be  paid  out  of  the  special  fund  in  said 
county  treasury  hereinbefore  in  this  act  provided  for.  All  provisions  of  this 
act  relating  to  the  settlement  of  a  municipal  corporation  after  disincorporation 
shall  be  applicable  to  the  winding  up  of  the  affairs  of  any  disincorporated 
municipality  whether  disincorporated  before  or  after  the  passage  of  this  act. 
[Amendment,  Stats.  1899,  13.] 


992  NAPA     COUNTY— RECORDS — COURT-HOUSE — BOUNDARIES. 

§  3,     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Mintzer  vs.  SchiHing,  117  Cal.  361,  362,  49  Pac.  Rep.  209;  Frederick  vs.  City  San  Luis 
Obispo.  118  Cal.  391,  392,  50  Pac.  Rep.   661. 

NOTES    UPON    OMITTED    STATUTES.  T'»e  statute  of  1805,  191,  ch.  CUXIX,  con- 
cerning   tlie    making    of    contracts    for    mu- 

The  statute  of  1885,  42,  ch.  XXXVII,  au-  nicipal    lighting,    amended    by    Stats.    1897, 

thorizing  cities   of   the  fifth  class   to   obtain  21O,    was    repealed    by    Stats.    1903,    32.      The 

waterworks,  was  cited  in  Santa  Cruz  Water  statute    was    cited    and    sustained    in    Santa 

Co.   vs.   Kron,   74   Cal.   223,   15   Pac.   Rep.    772,  j^^^^  l.    Co.   vs.   Woodward,   119   Cal.    30,    31, 

and    w^as    repealed    by    Stats.    1889,    399,    ch.  gQ  p^c.   Rep.   1025. 

CCLXI,     tit.     Public     Improvements,     herein  ^he   statute   of   1897,   135,   authorizing   the 

S'lven.  granting   of  franchises   for   street   railroads. 

The  statute  of  1883,  370,  ch.  LXXXII,  au-  etc.,   within   municipalities,   is   evidently   su- 

thorizing  municipalities   other   than   of   first  perseded    and    repealed    by    Stats.    1905,    777, 

class  to  refund   indebtedness,   was   amended  ch.     DLXXVIII,     herein     given     under     tit. 

by  Stats.  1893,  59;  1895,  203,  and  repealed  by  Franchises.     The  former  statute  is  cited  in 

Stats.    1897,    75,    LXXXII,    herein    given,    as  Horton   vs.    City   Los   Angeles,    119    Cal.    602, 

amended   by   Stats.    1901,    274.      The    original  51    Pac.    Rep.    956;    Per'^ria   vs.    Wallace,    129 

statute    and    its    amendment    were    cited    in  Cal.   397,  62  Pac.  Rep.   61;  Railroad  Commrs. 

City  Los  Angeles  vs.  Teed,  112  Cal.  319,  328,  vs.   Market   St.    R.    Co.,    132    Cal.    677,    680,    64 

44  Pac.  Rep.  580;  Murphy  vs.  San  Luis  Obis-  Pac.    Rep.   1065;   Pool   vs.    Simmons,   134   Cal. 

po,    119    Cal.    624,    629,    51   Pac.   Rep.    1085,    39  621,    624,    66    Pac.    Rep.    872;    In    re   Johnston, 

L.  R.  A.  444.  137  Cal.  115,  116,  122,  69  Pac.  Rep.  973. 

NAME— CHANGE   OF. 
See  tit.  Conveyances. 

NAPA    CITY. 
See  tit.  Municipal  Corporations. 

NAPA   COUNTY— RECORDS. 

To  provide  for  the  transcribing  and  transferring  certain  records  in  Sonoma  and 

Solano  counties  to  the  county  of  Napa. 

(Stats.  1858,  65,  ch.  LXXXII.) 

§  1.  The  board  of  supervisors  of  the  county  of  Napa  are  hereby  authorized 
to  contract  with  the  recorders  of  the  counties  of  Sonoma  and  Solano,  at  a  rate 
not  exceeding  twenty-five  cents  per  folio,  to  transcribe  into  suitable  books,  to  be 
provided  by  said  board,  accurate  and  full  copies  of  deeds,  mortgages,  powers  of 
attorney,  plots,  and  other  evidences  of  title,  to  all  lands  situated  within  the 
county  of  Napa ;  also,  all  records  kept  or  made  by,  as  well  as  acknowledgments 
taken  before  alcaldes,  or  other  officers  acting  under  former  Mexican  or  Cali- 
fornia laws,  and  now  of  record  in  the  recorders'  offices  of  said  counties  of  Sonoma 
and  Solano,  respectively ;  and  certify  the  same. 

§  2.  Said  records,  so  transcribed,  as  provided  in  the  foregoing  section,  shall 
be  filed  in  the  recorder's  office  of  Napa  County,  and  shall  thereafter  be  held  and 
deemed  as  original  records,  for  all  purposes  affecting  the  lands  therein  described. 

NAPA    COUNTY— COURT-HOUSE. 

To  provide  for  building  and  furni.shing  a  new  court-house  and  jail. 
(Stats.  1877-8,  569,  ch.  CCCLXXXIX.) 

The  bonds  were  made  to  mature  in  twenty  years,  and  the  act  is  omitted. 

NAPA   COUNTY— BOUNDARIES. 

An  act  to  define  the  northern  boundary-  the  same  is  superseded  by  §  3958  of  the  Po- 
line  of  this  county  was  passed  (Stats.  1871-2,  litical  Code,  enacted  four  days  later  than 
305,    ch.    CCXXIX),    but    it    is    believed    that       the    statute. 


NAPA   COUNTY  RECORDS— NAPA   STATE   HOSPITAL. — ^ADDITIONAL    LAND.        993 

NAPA   COUNTY— RECORDS. 

For  the  better  preservation  of  certain  records  of  Napa  County. 
(Stats.  1863-4,  500,  ch.  CCCCLII.) 

§  1.  J.  H.  Howland,  the  recorder  of  Napa  County,  may  procure  suitable 
books,  and  transcribe  therein  the  following  records  of  Napa  County,  viz. :  Book 
A  of  Deeds;  Book  A  of  Mortgages;  Book  A  of  Leases;  Book  A  of  Assignments 
of  Mortgages;  Book  A  of  Notices  of  Actions;  Book  A  of  Pre-emption  Claims; 
Book  A  of  Brands;  Book  A  of  Notices  of  Lien;  Book  A  and  B  of  Marriages; 
Book  A  of  Miscellaneous  Records;  Book  A  of  Releases  of  Mortgages;  Book  A 
of  Official  Bonds;  Book  A  of  School  Warrants;  Book  A  and  B  of  Judgment 
Transcripts;  Book  A  of  Attachments;  Book  A  of  Power [s]  of  Attorney;  Book  A 
of  Swamp  Lands. 

§  2.  After  making  such  transcripts  they  shall  each  be  certified  to  by  the 
recorder  as  true  and  correct  copies  of  the  original,  and  thereafter  shall  be  parts 
of  the  official  records  of  said  county. 

§  3.  The  board  of  supervisors  of  said  county  shall  order  the  auditor  of  said 
county  to  draw  warrants  in  favor  of  the  said  recorder  on  the  general  county 
fund  of  said  county  for  the  actual  cost  of  such  books,  and  they  shall  also  allow 
and  pay  in  the  same  manner  to- the  recorder,  for  his  services  in  transcribing  such 
records  one  half  of  the  amount  that  is  now  by  law  allowed  him  for  recording 
and  indexing  records  in  said  county. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

NAPA   COUNTY— RECORDS. 

To  legalize  certain  notarial  acknowledgments  in  Napa  County. 
(Stats.  1875-6,  572,  ch.  CCCCIX.) 

§  1.  All  acknowledgments  of  deeds  and  other  instruments  of  writing,  whereby 
real  estate,  or  any  interest  therein,  is  conveyed  or  may  be  affected,  heretofore 
taken  before  N.  M.  Bonham,  acting  as  a  notary  public  in  and  for  Napa  County, 
and  by  him  certified  in  the  usual  legal  form,  from  and  after  the  passage  of  this 
act  have  the  same  force  and  effect,  and  the  records  thereof,  and  of  the  deeds  and 
instruments  so  acknowledged,  if  they  shall  have  been  admitted  to  record,  shall 
impart  notice  to  the  same  extent  as  though  such  acknowledgment  had  been  taken 
before  and  certified  by  an  officer  authorized  by  law  to  take  and  certify  such 
acknowledgments. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

NAPA   RIVER. 

See  tit.  Fish  and  Game. 

NAPA  STATE  HOSPITAL— ADDITIONAL  LAND. 

Making  an  appropriation  for  the  purchase  of  land  adjoining  the  Napa  State 

Hospital  and  for  the  construction  thereon  of  a  dam  and  storage  reservoir. 

(Stats.  1905,  801,  ch.  DCIV.) 

§  1.  The  sum  of  forty  thousand  ($40,000)  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated  to  be  expended 

Gen.  Laws — 63 


994       NATIOlVAIi  GUARD— ORGANIZATION  AND  OFFICERS— TERM   OF   SERVICE. 

by  the  board  of  managers  of  the  Napa  State  Hospital  for  the  purchase  of  land 
adjoining  the  lands  of  the  said  Napa  State  Hospital  and  the  erection  thereon  of 
a  dam  and  storage  reservoir  for  the  use  and  benefit  of  the  said  Napa  State  Hos- 
pital. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw  his  war- 
rants for  the  sum  herein  appropriated  and  made  payable  to  the  board  of  man- 
agers of  the  Napa  State  Hospital  and  the  state  treasurer  is  directed  to  pay  the 
same. 

§  3.     This  act  shall  be  in  effect  from  and  after  its  passage. 

See  note  to  tit.   Insane. 

NATIONAL    GUARD    OF    CALIFORNIA. 

Regarding  organizations,  officers,  and  members  of  the  National  Guard  who 
entered  the  United  States  volunteer  service  in  the  Spanish- American  war ; 
their  privileges,  and  exemptions,  and  retirements,  and  providing  for  the 
return  to  the  National  Guard  of  such  organizations,  officers  and  members. 

(Stats.  1899,  158,  ch.  CXXVII.) 

§  1.  Each  and  all  of  the  officers  and  members  of  the  regiments  and  companies 
of  the  National  Guard  of  the  state  of  California  who  w-ere  mustered  into  the 
United  States  volunteer  service  in  the  Spanish- American  war  of  eighteen  hun- 
dred and  ninety-eight  and  have  been  discharged  therefrom  are  hereby  granted 
leave  of  absence  from  the  time  of  their  mustering  into  the  United  States  volun- 
teer service  until  being  mustered  out  of  the  same,  and  that  within  one  hundred 
and  fifty  days  from  their  being  so  mustered  out  they  may  report  for  duty  to  the 
brigadier-general  of  the  brigade  from  which  they  went,  if  a  regiment ;  or  to  the 
commanding  officer  of  the  regiment  or  battalion  from  which  they  went,  if  a 
company  or  division;  and  they  shall  at  once  be  recognized  as  belonging  to  the 
National  Guard  and  returned  to  duty  as  a  company,  division,  battalion,  or  regi- 
ment, which  they  were  at  the  time  they  entered  said  volunteer  service,  and  any 
company  or  division  not  having  the  minimum  number  required  by  law  shall 
recruit  up  to  the  requisite  number  within  the  time  above  specified. 

All  officers  of  such  companies,  divisions,  battalions,  and  regiments  as  entered 
said  volunteer  service,  and  shall  return  to  the  National  Guard  as  above  provided 
for,  shall  continue  to  serve  under  the  commissions  held  by  them  at  the  time  they 
entered  the  said  volunteer  service  for  the  unexpired  portion  of  their  respective 
commissions,  the  same  as  if  they  had  not  entered  such  volunteer  service,  and  had 
remained  continuously  in  the  National  Guard. 

Those  officers  of  the  National  Guard  who  entered  said  volunteer  service,  but 
whose  term  of  office  would  have  expired  had  they  remained  in  the  National 
Guard,  are  hereby  granted  all  the  privileges,  exemptions,  and  retirements  up  to 
the  date  of  their  being  mustered  out  of  said  volunteer  service,  the  same  as  if 
they  had  remained  in  the  National  Guard,  and,  should  they  return  to  duty 
within  the  time  herein  provided,  and  be  re-elected  to  any  commissioned  office,  as 
provided  by  law,  their  time  shall  be  continuous  for  all  purposes,  as  if  their  said 
terms  had  not  expired. 

Officers  and  members  of  the  regiments,  battalions,  companies,  and  divisions  of 
the  National  Guard,  who  did  enter  the  said  volunteer  service  with  their  respect- 


NATIONAL.  GUARD— REORGANIZATION— SELECTION   OP   SITE   FOR   CAMP.        005 

ive  commands,  if  they  report  for  duty  with  such  commands,  provided  they 
resume  their  places  in  the  National  Guard,  as  above  provided  for,  are  granted 
continuous  service,  as  in  the  National  Guard,  for  all  purposes  up  to  such  time 
as  they  so  report ;  those  who  do  not  so  report  are  hereby  granted  honorable  dis- 
charge from  the  National  Guard,  as  of  the  date  of  the  mustering  into  said  volun- 
teer service  of  their  respective  organizations. 

§  2.  In  computing  the  term  of  service  for  any  purpose  regarding  privileges 
and  exemptions  and  retirements  provided  by  law  for  officers  and  members  of  the 
National  Guard,  the  time  which  any  officer  or  enlisted  man  has  served  or  may 
hereafter  serve  in  said  volunteer  service  shall  be  computed  and  allowed  for  as 
continuous  service,  the  same  as  if  such  service  had  been  in  the  National  Guard, 
and  including  such  time  not  exceeding  one  hundred  and  fifty  days  to  those 
already  mustered  out  of  such  service,  and  such  time  as  may  be  provided  under 
this  act  for  those  not  yet  mustered  out  of  such  service  to  the  time  when  he  shall 
report  for  duty  in  the  National  Guard  as  hereinbefore  provided ;  and  the  same 
shall  apply  to  any  volunteer  whose  term  of  service  in  the  National  Guard  expires 
before  being  mustered  out  of  said  volunteer  service,  or  who  re-enters  the 
National  Guard  within  the  time  provided  for  in  this  act. 

§  3,  The  governor  is  hereby  authorized  and  empowered  to  prescribe  the  time 
for  the  re-entry  into  the  National  Guard  of  those  organizations,  officers,  and 
members  who  entered  in  said  volunteer  service  but  have  not  yet  been  discharged 
therefrom,  after  they  shall  have  been  so  discharged,  and  they  may  re-enter  the 
National  Guard  upon  the  terms  and  conditions,  except  as  to  time,  provided  in 
this  act,  and  they  are  hereby  granted  leave  of  absence  for  the  entire  period  they 
have  been  or  may  be  in  said  volunteer  service. 

§  4.  No  organization,  officer,  or  member  hereby  granted  leave  of  absence  shall 
draw  or  be  allowed  any  pay,  allowance,  money,  or  property  from  the  state  of 
California  for  the  time  or  any  portion  of  the  time  they  are  hereby  granted  leave 
of  absence,  but  all  organizations  shall  be  entitled  to  all  military  allowances  pro- 
vided by  law  as  soon  as  they  are  recruited  up  to  the  minimum  required  by  law, 
and  that  fact  is  reported  to  and  approved  by  the  governor. 

§  5.     This  act  shall  take  effect  immediately. 

See  KERR'S  CYC.  POL.  CODE  §  1973a  and  note. 

NATIONAL    GUARD— TO    REORGANIZE. 

To  ascertain  and  pay  armory  rents,  armorers'  wages,  and  other  expenses  arising 
out  of  the  mustering  in  of  portions  of  the  National  Guard  and  Naval  Militia 
into  the  United  States  volunteer  service;  also,  the  expenses  incurred  in 
reorganizing  the  National  Guard  and  to  result  therefrom;  and  making  an 
appropriation  to  pay  the  same. 

(Stats.  1899,  80,  eh.  LXV.) 

§  1.  The  governor  is  hereby  authorized  and  empowered  to  detail  one  or  more 
officers  of  the  National  Guard,  as  he  may  deem  necessary,  to  ascertain  and  deter- 
mine what,  if  any,  rents  for  armories,  wages  of  armorers,  and  any  other  proper 
expenses  should  be  paid  in  consequence  of  the  mustering  in  of  any  of  the  National 
Guard  or  Naval  Militia  who  were  mustered  into  the  United  States  volunteer 
service  during  the  year  eighteeen  hundred  and  ninety-eight,  and  also  the  claims 


996  NATIONAL.   GUARD— ESTABLISHMENT    OF    CAMP    OF    INSTRUCTION. 

existing  or  which  may  have  arisen,  or  which  may  arise  by  reason  of  the  saicjfe 
National  Guard  and  Naval  Militia  having  been  so  mustered  in,  and  also  any  and 
all  proper  charges  and  expenses  against  the  state  on  account  of  the  companies, 
or  any  of  them,  which  were  so  mustered  in,  and  by  reason  of  the  use  of  armories 
for  the  care  and  custody  of  the  property  left  therein,  and  any  proper  expenses 
which  have  been  incurred,  or  which  may  be  incurred,  in  the  reorganization  of 
said  guard. 

§  2.  Any  officer  or  officers  so  detailed  shall  have  and  receive  the  same  pay 
and  allowances  as  an  officer  of  like  rank  in  the  United  States  Army  for  the  time 
actually  employed,  together  with  reasonable  traveling  expenses. 

§  3.  Any  and  all  claims  so  adjusted  by  said  appointed  officers  shall  be  trans- 
mitted through  regular  military  channels  to  the  governor,  who  shall  submit  the 
same  to  the  board  of  military  auditors,  and,  if  approved  by  it,  the  controller  is 
directed  to  draw  his  warrant  in  favor  of  the  respective  parties,  to  whom  or  in 
whose  favor  the  claims  have  been  allowed,  and  also  his  warrant  for  the  pay  and 
expenses  of  such  detailed  officer  or  officers,  and  for  the  amounts  thereof,  and  the 
treasurer  is  directed  to  pay  the  same. 

§4.  The  unexpended  balance  of  the  appropriation  for  "armory  rents  and 
other  expenses.  National  Guard  of  California,"  for  the  forty-ninth  and  fiftieth 
fiscal  years,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appropriated  for 
the  purposes  of  this  act. 

§  5.     This  act  shall  take  effect  immediately. 

NATIONAL  GUARD   OF  CALIFORNIA. 

To  establish  a  camp  of  instruction  for  the  National  Guard  of  the  state  of  Cali- 
fornia, and  to  authorize  the  acquisition,  by  donation,  of  a  site  for  the  same. 

(Stats.  1899,  65,  ch.  LV.) 

§  1.  There  is  hereby  established,  at  or  near  the  city  of  Santa  Cruz,  county  bf 
Santa  Cruz,  state  of  California,  a  camp  of  instruction  for  the  National  Guard 
of  California. 

§  2.  The  adjutant-general,  major-general,  and  the  senior  brigadier-general 
of  the  National  Guard  of  the  state  of  California,  are  hereby  appointed  commis- 
sioners for  the  purpose  of  selecting  a  suitable  site  for  said  camp  of  instruction, 
at  or  near  said  city  of  Santa  Cruz.  They  shall,  within  ninety  days  after  the 
passage  of  this  act,  examine  the  different  tracts  of  land  offered  by  the  city  of 
Santa  Cruz  and  the  county  of  Santa  Cruz,  or  the  citizens  thereof,  for  the  location 
of  said  camp  of  instruction,  and  shall  select  therefrom,  if  in  their  judgment 
practicable,  a  suitable  site  for  said  camp  of  instruction. 

§  3.  After  the  selection  of  said  site  by  the  commissioners  named  in  the  pre- 
ceding section,  and  their  action  meeting  the  approval  of  the  governor,  the  said 
commissioners  shall  have  the  power  to  procure  by  donation  the  site  so  selected 
for  said  camp  of  instruction.  The  deed  or  deeds  therefor  shall  be  duly  executed 
to  the  people  of  the  state  of  California  and  delivered  to  the  controller,  after 
examination  and  approval  by  the  attorney-general. 

§  4.  Said  camp  of  instruction  shall  be  known  as  and  called,  the  state  camp 
of  instruction  for  the  National  Guard  of  California. 

§  5.     This  act  shall  take  effect  immediately. 


NATIONAL     GUARD— ENCAMPMENT— UNATTACHED     COMPANIES.  007 

NATIONAL   GUARD   OF   CALIFORNIA, 

Providing  that  all  encampments  of  the  National  Guard  shall  be  held  at  the  state 
camp  of  instruction,  unless  otherwise  ordered. 

(Stats.  1899,  148,  ch.  CXII.) 

§  1.  The  commander-in-chief  may  annually  order  an  encampment  for  disci- 
pline and  drill,  either  by  division,  brigade,  regiment,  battalion,  or  unattached 
company.  All  encampments  shall  be  held  at  the  state  camp  of  instruction  for 
the  National  Guard  of  California,  unless  otherwise  ordered  by  the  commander- 
in-chief. 

§  2.     This  act  shall  take  effect  immediately. 

NATIONAL  GUARD  OF  CALIFORNIA. 

To  provide  for  independent  and  unattached  companies  of  the  National  Guard 
of  the  state  of  California,  and  to  provide  for  the  manner  of  making  allow- 
ances for  the  use  and  support  of  such  companies. 

(Stats.  1901,  110,  ch.  XCV.) 

§  1.  Any  military  organization  composed  of  veterans  of  the  Civil  War,  and 
having  the  minimiim  number  required  to  constitute  a  company,  if,  upon  the 
required  examination  they  be  found  capable  of  efficient  service  to  the  state  in 
the  performance  of  active,  garrison,  or  other  military  duty,  may  be  organized 
and  mustered  into  the  military  service  of  the  state,  notwithstanding  the  mem- 
bers thereof  may  be  over  the  age  of  forty-five  years;  and  such  companies  or 
organizations  when  so  constituted  shall  be  mustered  into,  and  become  a  part  of, 
the  National  Guard  of  the  state,  and  shall  be  subject  to  all  the  laws  regulating 
and  governing  the  National  Guard,  except  that  they  shall  be  deemed  and  con- 
sidered independent,  unattached  companies,  acting  under  the  direct  orders  of 
the  commander-in-chief. 

§  2.  Such  companies  shall  receive  such  allowances  as  may  be  approved  and 
allowed  by  the  state  board  of  military  auditors  out  of  any  moneys  appropriated 
for  the  use  of  such  companies;  provided,  however,  that  such  allowances  shall  in 
no  case  exceed  the  sum  of  five  hundred  dollars  for  any  one  of  such  companies 
for  any  one  fiscal  year. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

NATIONAL  GUARD— NAVAL  BATTALION. 

To  establish  a  naval  battalion  to  be  attached  to  the  National  Guard  of  California. 

(Stats.  1893,  62,  ch.  XLIX.) 

§  1.  There  shall  be  allowed,  in  addition  to  the  companies  of  the  organized  uni- 
formed militia,  known  as  the  National  Guard  of  California,  provided  for  in 
section  nineteen  hundred  and  twelve  of  an  act  entitled  "An  act  to  establish  a 
Political  Code,"  approved  March  twelfth,  eighteen  hundred  and  seventy- two, 
relating  to  the  National  Guard  of  California,  not  more  than  four  companies  of 
naval  militia,  which  shall  constitute  a  battalion,  to  be  known  as  the  Naval  Bat- 
talion of  the  National  Guard. 


098  NATIONAL     GUARD— NAVAL     BATTALION— ORGANIZATION. 

§  2.  The  battalion  shall  be  commanded  by  a  lieutenant-commander.  Each 
company  shall  be  commanded  by  a  lieutenant,  and  shall  contain  one  lieutenant, 
junior  grade,  two  ensigns,  and  eighty  petty  oflficers  and  men. 

§  3.  The  staff  officers  of  the  battalion  shall  consist  of  one  adjutant,  one 
ordnance  officer,  one  paymaster,  and  one  surgeon,  each  with  the  rank  of  lieu- 
tenant, junior  grade;  also,  one  assistant  surgeon  and  one  assistant  ordnance 
officer,  each  with  the  rank  of  ensign.  All  such  officers  shall  be  appointed  and 
commissioned  as  staff  officers  upon  the  staff  of  a  colonel  commanding  a  regiment 
in  the  National  Guard  are  appointed  and  commissioned, 

§  4.  The  organization  of  the  naval  militia  shall  conform  generally  to  the 
provisions  of  the  laws  of  the  United  States;  and  the  system  of  discipline  and 
exercise  shall  conform,  as  nearly  as  may  be,  to  that  of  the  Navy  of  the  United 
States  as  it  now  is  or  may  hereafter  be  prescribed  by  Congress,  When  not  other- 
wise provided  for,  the  government  of  the  naval  militia  shall  be  controlled  by 
the  provisions  of  the  Political  Code  relating  to  the  National  Guard  of  California, 
and  the  governor  shall  have  power  to  alter,  divide,  annex,  consolidate,  or  disband 
the  same,  whenever,  in  his  judgment,  the  efficiency  of  the  state  forces  will  thereby 
be  increased,  and  he  shall  have  power  to  make  such  rules  and  regulations  as  may 
be  deemed  proper  for  the  use,  government,  and  instruction  of  the  naval  militia ; 
but  such  rules  and  regulations  shall  conform  to  the  provisions  of  this  act,  and 
as  nearly  as  practicable  to  those  governing  the  United  States  Navy, 

§  5.  When  the  government  of  the  United  States  is  ready  to  supply  arms  and 
equipments,  as  well  as  material  and  opportunities  for  naval  instruction  and 
drill,  the  governor  is  hereby  authorized  to  make  the  necessary  arrangements  for 
carrying  the  provisions  of  this  act  into  effect.  The  duty  of  the  naval  militia 
required  by  law,  or  any  part  of  it,  may  be  performed  afloat  in  United  States 
vessels.  Officers  and  men  of  the  naval  militia  mustered  temporarily  into  the 
service  of  the  United  States  for  instruction  and  drill,  and  receiving  compensa- 
tion therefor  from  the  United  States,  shall  not,  during  the  same  term,  be  entitled 
to  compensation  from  the  state. 

§  6.  The  governor  is  authorized  to  apply  to  the  president  of  the  United  States 
for  the  detail  of  commissioned  and  petty  officers  of  the  Navy  to  act  as  inspectors 
and  instructors  in  the  art  of  naval  warfare. 

§  7.  The  rank  of  officers  given  in  the  preceding  sections  is  naval  rank,  and 
corresponds  to  rank  in  the  National  Guard  of  the  state,  as  follows:  Lieutenant- 
commander  with  major,  lieutenant  with  captain,  lieutenant,  junior  grade,  with 
lieutenant,  ensign  with  second  lieutenant. 

§  8.  The  naval  militia  shall  receive  the  same  allowance  from  the  state  as  is 
allowed  the  infantry  battalions  and  companies. 

§  9,  Any  and  all  parts  of  chapter  one  hundred  and  seventy-six,  entitled  ''An 
act  to  establish  a  naval  battalion,  to  be  attached  to  the  National  Guard  of  Cali- 
fornia," that  may  conflict  with  this  act,  are  hereby  repealed. 

§  10.     This  act  shall  take  effect  immediately. 

The  repealing  clause  in  section  9  of  the  foregoing  act  is  evidently  intended  to  apply 
to   Stats.   1891,   ch.   CLXXVI,   upon  the   same   subject. 


NATURALIZATION— NAVIGATION— LIGHTHOUSE    SITES.  000 

NATURALIZATION— INDEX. 

(Stats.  1871-2,  80.) 

See   tit.    County   GoTernment   Act,   §  107. 

NAVAL   BATTALION. 

See  tit.  National  Guard. 

NAVIGABLE   WATERS. 

See  tits.  Clear  Lake;  Navigation. 

See  KERR'S  CYC.  POL.  CODE  §§  2348,  2349. 

NAVIGATION— LIGHTHOUSE    SITES. 

Concerning  submarine  sites  for  lighthouses  and  other  aids  to  navigation  on  the 

coast  of  this  state. 

(Stats.  1873-4,  621,  ch.  CCCCXLV.) 

§  1.  Whenever  the  United  States  desire  to  acquire  title  to  land  belonging  to 
the  state,  and  covered  by  the  navigable  waters  of  the  United  States,  within  the 
limits  thereof,  for  the  site  of  lighthouse,  beacon,  or  other  aid  to  navigation,  and 
application  is  made  by  a  duly  authorized  agent  of  the  United  States,  describing 
the  site  required  for  one  of  the  purposes  aforesaid,  then  the  governor  of  the 
state  is  authorized  and  empowered  to  convey  the  title  to  the  United  States,  and 
to  cede  to  the  said  United  States  jurisdiction  over  the  same ;  provided,  no  single 
tract  shall  contain  more  than  ten  acres,  and  that  the  state  shall  retain  concur- 
rent jurisdiction  so  far  that  all  process,  civil  or  criminal,  issuing  under  the 
authority  of  the  state,  may  be  executed  by  the  proper  of&cers  thereof,  upon  any 
person  or  persons  amenable  to  the  same,  within  the  limits  of  land  so  ceded,  in 
like  manner  and  to  like  effect  as  if  this  act  had  never  been  passed. 

§  2.     This  act  shall  take  effect  immediately. 

NAVIGATION— PROTECTION. 

See  tit.  Buoys  and  Beacons. 

See  KERR'S   CYC.  PEN.  CODE   §  609. 

NEVADA  CITY. 

See  tit.  Municipal  Corporations. 

NEW    COUNTIES. 

See  tit.  Counties — New, 

NEW   REPUBLIC. 

See  tits.  Municipal  Corporations ;  Santa  Rita. 

NORMAL  SCHOOLS— LOS  ANGELES. 

To  establish  a  branch  state  normal  school. 
(Stats.  1881,  91,  ch.  LXXVII.) 

§  1,  There  shall  be  established  in  the  county  of  Los  Angeles,  a  school,  to  be 
called  the  Branch  State  Normal  School  of  California,  for  the  training  and  edu- 


1000  NORMAL    SCHOOLS— LOS    ANGELES,    NORTHERN    CALIFORNIA. 

eating  of  teachers  in  the  art  of  instructing  and  governing  in  the  public  schools 
of  this  state. 

§2.  The  trustees  of  the  "State  Normal  School"  are  hereby  appointed  and 
created  trustees  of  the  said  branch  normal  school,  with  full  power  and  author- 
ity to  select  a  site  for  the  permanent  location  of  said  branch  normal  school  in 
the  county  of  Los  Angeles.  Said  trustees  shall,  within  thirty  days  after  the 
passage  of  this  act,  examine  the  different  sites  offered  by  the  people  of  the  county 
of  Los  Angeles  for  the  location  of  the  branch  normal  school  buildings,  and  select 
therefrom  a  suitable  location  for  said  branch  normal  school  buildings;  and  the 
site  selected  by  them  shall  be  and  remain  the  permanent  site  for  the  branch  state 
normal  school ;  provided,  that  no  buildings  shall  be  erected  in  the  county  of  Los 
Angeles  until  a  deed  in  fee-simple  of  the  land  selected  by  the  board  of  trustees 
of  the  state  normal  school  shall  be  made  to  the  state. 

§  3.  Said  branch  state  normal  school  shall  be  governed  and  regulated  by 
the  same  laws  now  governing  and  regulating  the  state  normal  school. 

§  4.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out  of  any 
moneys  in  the  general  fund  of  the  state,  not  otherwise  appropriated,  for  the 
building  of  said  branch  state  normal  school. 

§  5,  The  controller  of  state  shall  draw  warrants  from  time  to  time,  as  the 
work  shall  progress,  in  favor  of  said  board  of  trustees  of  the  state  normal  school, 
upon  their  requisition  for  the  same ;  provided,  that  the  cost  to  this  state  for  the 
erection  of  said  branch  normal  school  buildings  shall  not  exceed  the  amount 
herein  appropriated. 

§  6.  The  said  buildings  shall  be  erected  and  the  moneys  hereby  appropriated 
therefor  expended  under  the  direction  of  the  board  of  trustees  of  the  state  normal 
school,  and  all  labor  performed  upon  said  buildings  shall  be  done  by  the  day's 
work. 

§  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

NORMAL    SCHOOLS— NORTHERN    CALIFORNIA. 

To  establish  a  branch  normal  school  in  northern  California. 
(Stats.  1887,  60,  ch.  LIU.) 

§  1.  There  shall  be  established  in  the  northern  portion  of  this  state  a  school 
to  be  called  the  Northern  Branch  State  Normal  School  of  California,  for  the 
training  and  educating  of  teachers  in  the  art  of  instructing  and  governing  the 
public  schools  of  the  state. 

§  2.  The  trustees  of  the  state  normal  school  are  hereby  appointed  and  created 
trustees  of  said  northern  branch  normal  school,  with  full  power  to  select  a  site 
for  the  permanent  location  of  said  northern  branch  state  normal  school  in  some 
county  north  of  the  city  of  Marysville.  Said  trustees  shall,  within  thirty  days 
after  the  passage  of  this  act,  examine  the  different  sites  offered  by  the  people  of 
the  northern  part  of  this  state  for  the  location  of  the  northern  branch  normal 
school  buildings,  and  select  therefrom  a  suitable  location  for  said  branch. state 
normal  school  buildings,  and  the  site  selected  by  them  shall  be  and  remain  the 
permanent  site  for  the  northern  branch  state  normal  school.  Said  trustees  shall 
receive  the  same  per  diem  and  mileage  as  members  of  the  legislature,  while 


NORMAL    SCHOOLS— SAN    DIEGO— SELECTION    OF    LOCATION.  1001 

engaged  in  the  selection  of  the  site,  payable  from  the  appropriation  hereinafter 
contained,  to  an  amount  not  exceeding  five  hundred  dollars;  provided,  that  no 
buildings  shall  be  erected  for  said  school,  until  a  deed  in  fee-simple  of  the  land 
selected  by  the  board  of  trustees  of  the  state  normal  school  shall  be  made  to  the 
state. 

§  3.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  general  fund  of  the  state  not  otherwise  appropriated,  for  the 
building  of  said  northern  branch  state  normal  school,  and  forwarding  the  same. 

§  4.  The  controller  of  state  shall  draw  warrants  from  time  to  time  as  the 
work  shall  progress  in  favor  of  said  board  of  trustees  of  the  said  state  normal 
school,  upon  their  requisition  for  the  same ;  provided,  that  the  cost  to  this  state 
for  the  erection  of  said  normal  school  buildings  shall  not  exceed  the  amount 
herein  appropriated. 

§  5.  Said  northern  branch  state  normal  school  shall  be  governed  and  regu- 
lated by  the  same  laws  now  governing  and  regulating  the  state  normal  school. 

§  6.  The  said  buildings  shall  be  erected,  and  the  moneys  herein  appropriated 
therefor  expended,  under  the  direction  of  the  board  of  trustees  of  the  state 
normal  school,  and  all  labor  performed  upon  said  buildings  shall  be  by  the  day's 
work. 

§  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

NORMAL  SCHOOLS— SAN  DIEGO. 

Establishing  a  state  normal  school  in  San  Diego  County,  California,  and  making 

an  appropriation  of  fifty  thousand  dollars  therefor. 

(Stats.  1897,  114,  eh.  CV.) 

§  1.  There  is  hereby  established  in  the  county  of  San  Diego,  state  of  Cali- 
fornia, a  school,  to  be  called  the  State  Normal  School  of  San  Diego,  California, 
for  the  training  and  educating  of  teachers  in  the  art  of  instructing  and  govern- 
ing in  the  public  schools  of  this  state. 

§  2.  The  governor  shall,  within  thirty  days  after  the  passage  of  this  act, 
appoint  five  persons,  who,  with  the  governor  and  state  superintendent  of  public 
instruction,  shall  constitute  the  board  of  trustees  of  said  state  normal  school  of 
San  Diego. 

§  3.  The  said  trustees,  as  provided  for  in  section  two  of  this  act,  are  hereby 
appointed  and  created  trustees  of  said  state  normal  school,  with  full  power  and 
authority  to  select  a  site  for  the  permanent  location  of  said  state  normal  school 
in  the  said  county  of  San  Diego.  Said  trustees  shall,  within  ninety  days  after 
the  passage  of  this  act,  examine  the  different  sites  offered  by  the  people  of  the 
said  county  of  San  Diego  for  the  location  of  the  said  .state  normal  school  build- 
ings, and  select  therefrom  a  suitable  location  for  said  state  normal  school  build- 
ings; or  should  there  be  offered  a  proper  site,  with  suitable  buildings  already 
constructed  thereon,  adapted  for  the  use  of  such  school,  it  shall  be  in  the  dis- 
cretion of  such  trustees  to  accept  such  site ;  and  the  site  selected  by  them  shall  be 
and  remain  the  permanent  site  for  the  said  state  normal  school  of  San  Diego; 
provided,  that  no  money  shall  be  expended  for  said  school  until  the  site  selected 
has  been  donated  to  this  state,  and  a  deed  in  fee-simple  of  the  land  selected  by 
the  said  board  of  trustees  of  said  normal  school  shall  be  made  to  this  state. 


lOOa  NORMAL    SCHOOLS— SAN    FRANCISCO    AND    SAN    JOSE. 

§  4.  The  said  state  normal  school  of  San  Diego  shall  be  governed  and  regu- 
lated by  the  same  laws  now  governing  and  regulating  the  other  state  normal 
schools  of  this  state. 

§  5.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out  of  any 
moneys  of  the  state  not  otherwise  appropriated,  for  constructing,  furnishing, 
and  maintaining  said  state  normal  school  of  San  Diego. 

§  6.  The  controller  of  state  is  hereby  authorized  to  draw  warrants  from  time 
to  time,  as  the  work  shall  progress,  in  favor  of  the  said  board  of  trustees  of  said 
state  normal  school  of  San  Diego,  upon  their  requisition  for  the  same,  and  the 
state  treasurer  is  directed  to  pay  the  same. 

§  7.  The  moneys  hereby  appropriated  therefor  shall  be  expended  under  the 
direction  of  the  said  board  of  trustees  of  the  state  normal  school  of  San  Diego. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

NORMAL   SCHOOLS— SAN   FRANCISCO. 

To  establish  a  state  normal  school  in  the  city  and  county  of  San  Francisco,  state 

of  California,  and  making  an  appropriation  of  twenty  thousand  dollars. 

(Stats.  1899,  177,  ch.  CXLI.) 

§  1.  There  shall  be  a  state  normal  school  established  in  the  city  and  county 
of  San  Francisco,  state  of  California,  to  be  called  the  San  Francisco  State 
Normal  School,  for  the  training  and  educating  of  teachers  and  others  in  the  art 
of  instructing  and  governing  the  public  schools  of  this  state. 

§  2.  The  governor  shall,  within  thirty  days  after  the  passage  of  this  act, 
appoint  five  persons,  who,  with  the  governor  and  state  superintendent  of  public 
instruction,  shall  constitute  the  board  of  trustees  of  said  normal  school. 

§  3.  The  said  trustees  shall,  within  sixty  days  after  their  appointment,  estab- 
lish and  cause  to  be  opened  and  carried  on  in  said  city  and  county  of  San  Fran- 
cisco the  said  normal  school,  and  shall  provide  suitable  accommodations  for  the 
same,  and  may  accept  from  the  said  city  and  county  of  San  Francisco,  or  from 
the  board  of  education  thereof,  a  building  or  buildings  for  the  use  of  said  school. 

§  4.  The  said  state  normal  school  shall  be  governed  by  the  laws  governing  the 
present  state  normal  schools  of  this  state,  and  the  terms  of  office  of  said  trustees 
shall  be  the  same  as  the  terms  of  trustees  of  the  said  other  state  normal  schools. 

§  5.  The  sum  of  twenty  thousand  dollars,  not  more  than  one  half  of  which 
shall  be  available  in  the  fifty-first  fiscal  year,  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated,  for  establishing  and 
maintaining  said  state  normal  school  of  San  Francisco,  and  providing  suitable 
accommodations  therefor. 

§  6.  The  controller  of  state  shall  draw  his  warrant  or  warrants  for  said 
amount  as  required  in  favor  of  said  trustees. 

§  7.     This  act  shall  take  effect  immediately. 

NORMAL   SCHOOLS— SAN    JOSE. 

To  establish  a  state  normal  school. 
(Stats.  1869-70,  787,  ch.  DXXIX.) 
§  1,     There  shall  be  established  in  the  city  of  San  Jose,  county  of  Santa  Clara, 
a  school  to  be  called  the  California  State  Normal  School,  for  the  training  and 


NORMAL    SCHOOLS— SAN    JOSE— SCHOOL    SITE    FOR — PRINCIPAL.  1003 

educating  of  teachers  in  the  art  of  instructing  and  governing  in  the  public 
schools  of  this  state. 

§  2.  The;  governor  of  the  state  of  California,  the  superintendent  of  public 
instruction  of  the  said  state,  and  the  principal  of  the  state  normal  school,  are 
hereby  appointed  and  created  trustees,  with  full  power  and  authority  to  select 
a  site  for  the  permanent  location  of  the  state  normal  school  in  the  city  of  San 
Jose.  Said  trustees  shall,  within  thirty  days  after  the  passage  of  this  act,  exam- 
ine the  sites  offered  by  the  city  of  San  Jose  for  the  location  of  the  state  normal 
school  buildings,  and  select  therefrom  a  suitable  location  for  said  state  normal 
school  buildings,  and  the  site  selected  by  them  shall  be  and  remain  the  permanent 
site  for  the  state  normal  school  buildings. 

§  3.  The  mayor  and  common  council  of  the  city  of  San  Jose  are  hereby 
authorized,  empowered  and  directed,  immediately  after  such  site  shall  have  been 
selected  by  said  trustees,  to  convey  such  site,  by  good  and  sufficient  conveyance, 
to  the  trustees  of  the  state  normal  school,  who  are  hereby  authorized  and  em- 
powered to  receive  and  hold  the  same,  and  the  title  thereto,  in  trust  and  for  the 
use  of  said  state  normal  school ;  provided,  that  whenever  the  state  normal  school 
shall  be  removed  from  said  site  selected,  the  same,  and  the  title  thereto,  shall, 
immediately  upon  such  removal,  revert  to  said  city  of  San  Jose  and  become  the 
property  thereof,  absolutely. 

§  4.  The  governor,  the  state  superintendent  of  public  instruction,  and  five 
others  to  be  appointed  by  the  governor,  shall  constitute  the  board  of  normal 
school  trustees.  The  appointed  members,  at  the  first  meeting  of  the  board  of 
trustees,  shall  determine,  by  lot,  their  respective  terms  of  office,  which  shall  be 
for  two,  four,  six,  eight  and  ten  years. 

§  5.  Said  board  of  trustees  shall  have  power,  and  are  hereby  authorized  and 
required,  to  remove  to  said  city  of  San  Jose,  county  of  Santa  Clara,  the  state 
normal  school  now  located  in  the  city  of  San  Francisco,  and  to  continue  the  same 
for  the  gratuitous  instruction  of  such  persons  residing  in  this  state  as  may  desire 
to  prepare  themselves  to  teach  in  the  public  schools  of  this  state.  They  shall 
have  power  to  expend  all  moneys  appropriated  or  donated  for  building  school- 
rooms and  boarding-houses,  and  for  furnishing  the  same,  as  well  as  all  moneys 
for  the  current  expenses  of  the  school, 

§  6.  The  board  of  trustees  shall  have  power  to  elect  a  principal,  and  all  other 
teachers  that  may  be  deemed  necessary;  to  fix  the  salaries  of  the  same,  and  to 
prescribe  their  duties. 

§  7.  It  shall  be  the  duty  of  the  board  of  trustees  to  prescribe  the  course  of 
study,  and  the  time  and  standard  of  graduation,  and  to  issue  such  certificates 
and  diplomas  as  may,  from  time  to  time,  be  deemed  suitable.  These  certificates 
and  diplomas  shall  entitle  the  holders  to  teach  in  any  county  in  this  state,  for 
the  time  and  in  the  grade  specified  in  the  certificate  or  diploma. 

§  8.  The  board  of  trustees  shall  prescribe  the  text-books,  apparatus  and  fur- 
niture, and  provide  the  same,  together  with  all  necessary  stationery,  for  the  use 
of  the  pupils. 

§  9.  Said  board  shall,  when  deemed  expedient,  establish  and  maintain  a  train- 
ing or  model  school,  or  schools,  in  which  the  pupils  of  the  normal  school  shall  be 


10O4  NORMAL   SCHOOLS— SAN   JOSE   SCHOOL— PUPILS   TO   BE   ADMITTED. 

required  to  instruct  classes  under  the  supervision  and  direction  of  experienced 
teachers. 

§  10.  Said  board  shall  make  rules  for  the  government  of  the  boarding  house 
or  houses;  shall  superintend  the  same,  and  make  all  necessary  arrangements  for 
conducting  the  same  in  the  most  economical  manner  that  will  make  them  self- 
sustaining. 

§  11.  At  each  annual  meeting  the  board  shall  determine  what  number  of 
pupils  may  be  admitted  into  the  school;  and  this  number  shall  be  appointed 
among  the  counties  of  this  state,  according  to  the  number  of  representatives 
from  said  counties  in  the  legislature;  provided,  that  teachers  holding  first  or 
second  grade  certificates  may  be  admitted  from  the  state  at  large.  The  county 
superintendents  and  the  county  boards  of  examination  shall  hold  competitive 
examinations  before  the  first  of  May  in  each  year,  of  all  persons  desiring  to 
become  pupils  of  the  normal  school,  which  examinations  shall  be  conducted  in 
the  same  manner  as  examinations  for  third-grade  teachers'  certificates.  A  list 
shall  be  made  of  the  applicants  thus  examined,  and  they  shall  receive  recom- 
meudation  in  the  order  of  standing  in  the  examination;  provided,  that  superin- 
tendents may  discriminate  in  favor  of  those  whose  age  and  experience  specially 
fit  them  to  become  normal  pupils.  After  the  expiration  of  the  year,  a  new  list 
must  be  prepared,  and  those  not  recommended  must  be  re-examined  or  forfeit 
their  right  to  recommendation. 

§  12.  To  secure  admission  into  the  junior  class  of  the  normal  school,  the 
applicant,  if  a  male,  must  be  seventeen  years  of  age,  or  if  a  female,  sixteen 
years  of  age;  to  enter  an  advanced  class  the  applicant  must  be  proportionately 
older.  Applicants  must  also  present  letters  of  recommendation  from  their 
county  superintendent,  certifying  to  their  good  moral  character,  and  their  fitness 
to  enter  the  normal  school.  Before  entering,  all  applicants  must  sign  the  fol- 
lowing declaration:  "AVe  hereby  declare  that  our  purpose  in  entering  the  Cali- 
fornia state  normal  school  is  to  fit  ourselves  for  the  profession  of  teaching, 
and  that  it  is  our  intention  to  engage  in  teaching  in  the  public  schools  of  this 
state. ' ' 

§  13.  Pupils  from  other  states  and  territories  may  be  admitted  to  all  privi- 
leges of  the  school,  on  presenting  letters  of  recommendation  from  the  executives 
or  state  school  superintendents  thereof,  and  the  payment  of  one  hundred  dollars. 
The  money  thus  received  shall  be  appropriated  to  the  purchase  of  library  and 
apparatus.  Pupils  from  other  states  shall  not  be  required  to  sign  the  declaration 
named  in  section  twelve. 

§  14.  The  superintendent  of  public  instruction  shall  be  the  executive  agent 
and  secretary  of  the  board  of  trustees  of  the  normal  school.  He  shall  visit  the 
school  from  time  to  time,  inquire  into  its  condition  and  management,  enforce 
the  rules  and  regulations  made  by  the  board,  require  such  reports  as  he  deems 
proper  from  the  teachers  of  the  school  and  officers  of  the  boarding-house,  and 
exercise  a  general  supervision  of  the  same.  He  shall  in  connection  with  the 
executive  committee  appointed  by  the  board,  expend  all  moneys  appropriated 
for  salaries  and  incidental  expenses,  and  shall  make  a  semiannual  statement,  in 
writing,  to  the  board,  of  all  moneys  received  and  expended. 

§  15.     It  shall  be  the  duty  of  the  principal  of  the  school  to  make  a  detailed 


NORMAL.  SCHOOL — SAN  JOSE   SCHOOL— POAVER  OF  BOARD— APPROPRIATION.     1005 

annual  report  to  the  board  of  trustees,  with  a  catalogue  of  the  pupils,  and  such 
other  particulars  as  the  board  may  require  or  he  may  think  useful.  It  shall  also 
be  his  duty,  authorized  by  the  board,  to  attend  county  institutes,  and  lecture 
before  them  on  subjects  relating  to  public  schools  and  the  profession  of  teaching. 

§  16.  The  board  of  trustees  shall  hold  two  regular  meetings  annually,  at  such 
time  and  place  as  may  be  determined ;  but  special  meetings  may  be  called  by  the 
secretary,  by  sending  written  notice  to  each  member. 

§  17.  The  board  shall  have  power  to  make  all  rules  and  regulations  necessary 
for  discharging  the  duties  named  above. 

§  18.  An  annual  ad  valorem  tax  of  two  cents  on  each  one  hundred  dollars 
value  of  taxable  property  in  this  state  is  hereby  levied,  for  the  twenty-second  and 
twenty-third  fiscal  years,  and  is  directed  to  be  collected  in  the  same  manner  as 
other  state  taxes  are  collected;  and  the  money  raised  by  said  tax  shall  be  paid 
into  the  state  treasury,  and  said  money  and  the  money  by  this  act  appropriated 
shall  be  known  as  the  state  normal  school  building  fund. 

§  19.  Said  state  normal  school  trustees  shall,  from  time  to  time,  as  the  services 
herein  provided  for,  or  by  them  ordered  and  performed,  and  labor  done  or 
materials  furnished  for  said  state  normal  school  buildings,  draw  orders  on  the 
state  controller,  specifically  describing  the  services  rendered,  labor  performed  or 
materials  furnished,  together  with  the  amount,  and  to  whom  payable.  Upon 
presentation  of  such  orders,  the  state  controller  shall  draw  his  warrant  on  the 
state  treasurer  for  the  amounts  thereof,  payable  out  of  said  state  normal  school 
building  fund ;  and  the  state  treasurer  is  hereby  authorized  and  directed  to  pay 
such  warrants  out  of  said  fund.  Said  state  normal  school  trustees  and  controller 
each  shall  keep  a  correct  register  of  the  warrants  or  orders  issued,  the  amount 
of  each  warrant,  to  whom  ordered  paid  and  for  what  services  or  materials  given ; 
such  registers  shall  be  kept  in  their  respective  ofiices  for  public  inspection. 

§  20.  The  sum  of  twenty-four  thousand  dollars  is  hereby  appropriated,  bi- 
ennially, out  of  any  moneys  in  the  general  fund  not  otherwise  appropriated, 
which  said  appropriation  shall  be  set  apart  at  the  commencement  of  each  fiscal 
year,  to  support  the  California  state  normal  school,  and  the  controller  is 
hereby  directed  to  draw  his  warrants,  from  time  to  time,  on  the  state  treasurer, 
payable  out  of  said  appropriation;  and  the  unexhausted  remainder,  if  any,  of 
any  appropriation  for  such  claims  or  accounts  as  have  been  audited  by  the 
board  of  trustees  of  the  normal  school,  or  the  executive  committee  thereof,  and 
the  board  of  examiners ;  provided,  that  the  bills  for  the  salaries  of  regular  teach- 
ers may  be  allowed  by  the  controller  without  the  indorsement  of  the  board  of 
examiners;  provided,  also,  that  the  aggregate  of  warrants  drawn  shall  not 
exceed,  in  any  one  fiscal  year,  one  half  the  appropriation  herein  made  for  such 
years,  together  with  the  remainder  of  unused  appropriations,  if  any,  of  any 
previous  fiscal  year  or  years ;  and  whenever,  at  the  close  of  any  fiscal  year,  a 
balance  remains  to  the  credit  of  the  California  state  normal  school  fund,  such 
balance  shall  be  carried  forward  and  added  to  the  appropriation  for  the  succeed- 
ing year. 

§  21.  All  cla.sses  may  be  admitted  into  the  normal  school  who  are  admitted, 
without  restriction,  into  the  public  schools  of  this  state. 

§  22.     The  provisions  of  this  act  shall  take  effect  from  and  after  its  passage ; 


1006        NORMAL,  SCHOOLS— SAN  JOSE  SCHOOL— BOARD  OF  TRUSTEES— BUILDINGS. 

provided,  that  the  removal  of  the  school  shall  be  made  whenever  the  board  of 
trustees  decide  that  suitable  accommodations  have  been  prepared  for  the  same. 

§  23.  All  acts  or  parts  of  acts  passed  by  the  senate  and  assembly  of  the  state 
of  California,  conflicting  with  the  above,  are  hereby  repealed. 

NORMAL  SCHOOLS— SAN  JOSE. 

Authorizing  and  empowering  the  board  of  school  trustees  of  the  city  of  San  Jose, 
county  of  Santa  Clara,  state  of  California,  to  erect,  construct,  and  build, 
and  maintain,  at  the  expense  of  the  said  city  of  San  Jose  a  high  school  build- 
ing on  the  north  side  of  the  state  normal  school  grounds  at  San  Jose  between 

'         Fifth  and  Seventh  streets  in  said  city. 

(Stats.  1897,  167,  ch.  CXI.) 

§  1.  The  state  of  California  hereby  authorizes  and  empowers  and  grants  to 
the  board  of  school  trustees  of  the  city  of  San  Jose,  county  of  Santa  Clara,  the 
right  and  privilege  to  erect,  construct,  build,  and  maintain  a  high  school  building, 
and  conduct  and  carry  on  a  high  school  therein  at  the  expense  of  said  city  of 
San  Jose,  on  the  grounds  of  the  state  normal  school  at. San  Jose;  said  building  to 
be  erected  on  the  north  side  of  said  normal  school  grounds,  between  Fifth  and 
Seventh  streets  in  said  city  at  such  point  as  may  be  agreed  upon  between  the 
board  of  trustees  of  said  state  normal  school  and  the  board  of  school  trustees  of 
said  city  of  San  Jose.  And  the  right  and  privilege  is  hereby  granted  to  said 
city  of  San  Jose  to  enter  into  and  upon  the  lands  and  premises  necessary  for 
the  said  high  school  building,  and  grounds  necessary  to  the  use  thereof,  for 
the  purpose  of  laying  water  and  gas  mains  and  pipes,  or  for  the  erection  of 
electric  light  poles  and  wires,  and  for  all  other  purposes  necessary  to  the 
building  and  constructing  of  such  high  school  building  and  the  maintenance  of 
a  high  school  therein. 

§  2.  The  city  of  San  Jose  shall  keep  so  much  of  the  lands  and  premises  belong- 
ing to  said  state  normal  school  as  may  be  used  by  said  city  of  San  Jose  for  the 
use  of  said  high  school  in  good  condition  at  the  expense  of  said  city  of  San 
Jose,  and  shall  gravel  and  care  for  the  walks  in  and  upon  the  lands  so  used  for 
high  school  purposes,  and  maintain  and  care  for  the  grass  plots  and  ornamental 
trees  and  shrubs,  and  beautify  and  ornament  so  much  of  said  lands  and  prem- 
ises as  may  be  agreed  upon  between  the  board  of  trustees  of  said  normal  school 
and  the  board  of  school  trustees  of  said  city. 

§  3.     This  act  shall  take  effect  immediately. 

NORMAL   SCHOOLS— SAN   JOSE. 

To  authorize  and  empower  the  trustees  of  the  state  normal  school  at  San  Jose  to 
reconvey  to  the  city  of  San  Jose  a  parcel  of  land  situate  in  said  city  and 
belonging  to  the  state  of  California,  to  the  said  city  of  San  Jose,  for  the 
purpose  of  erecting  and  maintaining  a  free  public  library  upon  said  parcel 
of  land. 

(Stats.  1901,  575,  ch.  CLXXX.) 

§  1.  The  board  of  trustees  of  the  state  normal  school  at  San  Jose  are  hereby 
authorized  and  empowered  to  reconvey  to  the  city  of  San  Jose,  county  of  Santa 


NORTH    SAN    FRANCISCO    H03IESTEAD    AND    RAILROAD    ASSOCIATION.         lOOT 

Clara,  for  the  purpose  of  erecting  and  maintaining  thereon  a  free  public  library, 
a  parcel  of  land  situate,  lying  and  being  in  said  city  of  San  Jose,  and  described 
as  follows,  to  wit:  Commencing  at  the  southeasterly  corner  of  San  Fernando 
and  Fourth  streets,  the  same  being  the  northwesterly  corner  of  AVashington 
Square,  and  running  thence  easterly  along  the  southerly  line  of  said  Fernando 
Street  two  hundred  and  seventy-five  feet;  thence  at  right  angles  southerly  two 
hundred  and  seventy-five  feet;  thence  at  right  angles  westerly  two  hundred  and 
seventy-five  feet  to  the  easterly  line  of  said  Fourth  Street,  and  thence  northerly 
along  said  easterly  line  of  Fourth  Street  to  the  point  of  beginning,  the  same 
being  a  portion  of  Washington  Square. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

NORTH  SAN  FRANCISCO  HOMESTEAD  AND  RAILROAD  ASSOCIATION 

—LANDS. 

To  authorize  the  sale  and  conveyance  to  the  North  San  Francisco  Homestead  and 
Railroad  Association  of  certain  overflowed  lands  in  the  city  and  county  of 
San  Francisco. 

(Stats.  1863-4,  482,  ch.  CCCCXXXVI.) 

§  1.  The  commissioners  of  swamp  and  overflowed  lands  axe  authorized,  when- 
ever requested  by  the  officers  of  the  North  San  Francisco  Homestead  and  Rail- 
road Association,  to  appraise  the  value  of  the  land  belonging  to  the  state  in  front 
of  the  lands  of  said  association,  in  the  northerly  portion  of  the  city  and  county 
of  San  Francisco,  west  of  Buchanan  Street,  commencing  at  the  northerly  bound- 
ary of  the  lands  of  said  association,  at  high-water  mark,  on  said  Buchanan  Street, 
and  extending  to  a  distance  north  where  the  water  is  not  exceeding  six  feet  deep 
at  low  water  along  the  entire  front  of  the  land  of  said  association  upon  said 
northerly  boundary  thereof,  and  extending  westerly  to  the  government  reserva- 
tion; provided,  that  in  no  case  shall  it  extend  to  a  depth  of  water  exceeding  six 
feet  at  the  lowest  stage  of  the  tide,  nor  interfere  with  the  water  front  of  the 
adjoining  property;  and,  provided,  further,  that  neither  the  said  association,  nor 
its  employees,  agents,  successors,  or  assigns,  shall  have  any  right  to  levy  or 
collect  any  tolls,  dockage,  or  wharfage ;  but  this  proviso  shall  not  apply  to  Fill- 
more Street  Wharf,  in  ease  of  its  purchase  by  or  transfer  to  said  association ; 
and  said  board  of  swamp-land  commissioners  shall  certify  the  amount  found  to 
be  the  value  of  said  land  to  the  treasurer  of  the  state,  and  also  to  the  surveyor- 
general,  and  upon  the  approval  of  the  survey  of  the  county  surveyor  by  the 
surveyor-general,  and  upon  the  payment  to  the  treasurer  of  the  state,  for  the 
benefit  of  the  wharf  and  dock  fund,  of  the  amount  so  found  to  be  the  value  of 
said  land,  the  register  of  the  state  land  office  shall  certify  said  approval  and 
payment  to  the  governor,  whereupon  a  patent  shall  issue  for  said  land  to  said 
corporation. 

§  2.  Within  thirty  days  after  the  appraisement  by  said  commissioners,  the 
surveyor  of  the  city  and  county  of  San  Francisco  shall  make  out  a  plat  and  field- 
notes  of  said  survey.  He  shall,  within  ten  days  thereafter,  record  the  same  in  his 
office,  and  forward  duplicate  certified  copies  of  the  same  to  the  surveyor-general, 
and  it  shall  be  the  duty  of  the  surveyor-general,  upon  examination  and  approval 
of  said  survey,  to  return  one  of  the  duplicate  copies,  with  his  approval  indorsed 


1008  NOTARY   PUBLIC — PUBLIC  NUISANCES— KURSES,   EDUCATION. 

thereon,  to  said  county  surveyor,  to  be  by  him  delivered  to  the  parties  desiring 
the  survey;  provided  said  approval  and  return  of  duplicate  shall  be  within  ten 
days  after  the  receipt  of  said  plat  and  field-notes. 

§  3.  All  expenses  attending  said  appraisement  by  the  commissioners,  to- 
gether with  all  the  costs  incident  to  an  accurate  survey  of  the  said  lands  by  the 
surveyor  of  the  city  and  county  of  San  Francisco,  shall  be  paid  by  said  asso- 
ciation. 

§  4.  The  said  association  or  its  as.signs  shall  not  have  the  power  to  make  any 
use  of  said  lands,  or  any  part  thereof,  which  shall  interfere  with  the  navigation 
of  the  bay  of  San  Francisco. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

NOTARY  PUBLIC— GOAT  ISLAND. 

Authorizing  the  appointment  of  a  notary  public  in  the  city  and  county  of  San 
Francisco,  to  reside  and  transact  notarial  duties  at  Yerba  Buena  Island,  or 
Goat  Island,  in  the  bay  of  San  Francisco,  in  addition  to  the  number  of 
notaries  now  authorized  by  law  for  said  city  and  county. 

(Stats.  1903,  26,  ch.  XXIII.) 

§  1.  The  governor  is  hereby  authorized  and  empowered  to  appoint  and  com- 
mission one  notary  public  in  and  for  the  city  and  county  of  San  Francisco,  to 
reside  and  transact  his  notarial  duties  at  Yerba  Buena  Island,  known  as  Goat 
Island,  in  the  Bay  of  San  Francisco,  in  addition  to  the  number  of  notaries  now 
authorized  by  law  to  be  appointed  in  said  city  and  county.  Such  notary  shall  be 
subject  to  the  general  laws  relating  to  notaries  public. 

§  2.     This  act  shall  take  effect  immediately. 

See  KERR'S   CYC.  POL.  CODE  §§  791-793,    799,    800. 

NUISANCES— PUBLIC. 

Sie  tit.  District  Attorney. 

See  KERR'S  CYC.  PEN.  CODE  §  373a. 

NURSES— EDUCATION— REGISTRATION. 

To  promote  the  better  education  of  practitioners  of  nursing  the  sick  in  the  state 
of  California,  to  provide  for  the  issuance  of  certificates  of  registration  as  a 
registered  nurse  to  qualified  applicants  by  the  board  of  regents  of  the  Uni- 
versity of  California,  and  to  provide  penalties  for  violation  hereof. 

(Stats.  1905,  533,  ch.  CDV.) 

§  1.  Commencing  in  the  month  of  July,  nineteen  hundred  and  five,  and  at 
least  semiannually  thereafter,  the  board  of  regents  of  the  University  of  Cali- 
fornia shall  hold,  or  cause  to  be  held,  such  examination  or  examinations  as  they 
may  deem  proper  to  test  the  qualifications  and  fitness  of  applicants  for  certifi- 
cation and  registration  as  registered  nurses  within  the  state  of  California.  Such 
examinations  shall  be  practical  in  character,  and  a  reasonable  notice  designating 
the  time  and  place  thereof  must  be  given  by  publication  in  at  least  two  daily 
papers  published  within  the  state  of  California. 


I 


NURSES— EDUCATION— REGISTRATION.  1009 

§  2.  All  applicants  for  examination  mnst  furnish  satisfactory  evidence  of 
good  moral  character  and  of  having  complied  with  the  provisions  of  this  act 
relative  to  qualifications;  and  any  examiner  may  inquire  of  any  applicant  for 
examination  concerning  his  or  her  character,  qualifications  or  experience,  and 
may  take  testimony  in  regard  thereto,  under  oath,  which  he  is  hereby  empowered 
to  administer. 

§  3.  All  persons  satisfactorily  passing  such  examinations  shall  be  granted  by 
the  board  of  regents  of  the  University  of  California  a  certificate  stating  that 
he  or  she  is  a  registered  nurse  within  the  state  of  California,  and  shall  there- 
after be  known  and  styled  as  a  registered  nurse.  The  secretary  of  the  said  board 
of  regents  shall  keep  in  his  office  a  book  showing  the  names  of  all  persons  to 
whom  certificates  as  registered  nurses  have  been  granted.  Graduates  of  all 
training  schools  for  nurses  which  shall  have  been  approved  by  the  said  board  of 
regents  may  be  certified  as  registered  nurses,  without  examination,  at  any  time 
within  three  years  after  the  passage  of  this  act,  upon  payment  of  the  fee  pre- 
scribed in  section  four  hereof. 

§  4.  Every  person  applying  for  examination,  or  for  registration  as  a  regis- 
tered nurse,  shall  pay  to  the  secretary  of  the  said  board  of  regents  a  fee  of  five 
dollars,  which  shall  in  no  case  be  refunded.  A  certificate  of  registration  shall 
be  void  three  years  after  the  date  thereof,  but  a  new  certificate  may  be  issued 
to  the  holder  upon  the  payment  of  a  fee  of  one  dollar.  All  expenses  incurred 
in  carrying  out  the  provisions  of  this  act  shall  be  paid  from  the  fees  and  fines 
collected  hereunder,  and  the  surplus  receipts,  if  any,  shall  be  used  to  provide  for 
education  in  nursing. 

§  5.  (I)  No  person  shall  be  eligible  for  examination  or  for  registration  as  a 
registered  nurse  who  shall  not  furnish  satisfactory  evidence  of  having  graduated 
from  a  nurses'  training  school:  (a)  that  is  attached  to  a  reputable  hospital; 
(b)  that  gives  a  general  training  and  a  systematic,  theoretical  and  practical 
course  of  study  covering  a  period  of  at  least  two  years;  (c)  and  that  has  been 
approved  by  the  board  of  regents  of  the  University  of  California. 

(II)  After  January  first,  nineteen  hundred  and  eight,  no  person  shall  be 
eligible  for  examination  or  for  registration  as  a  registered  nurse,  unless : 

(a)  He  or  she  is  at  least  twenty-one  years  of  age; 

(b)  He  or  she  is  a  graduate  of  a  training  school  approved  by  the  board  of 
regents  of  the  University  of  California,  and  after  said  date  no  school  shall  be 
approved  or  remain  on  the  list  of  schools  approved  by  said  board  of  regents, 
unless  it  is  attached  to  a  general  hospital,  and  its  course  requires  a  three  years' 
training  in  that  hospital,  provided  that  a  training  school  approved  as  aforesaid 
may  graduate  students  who  have  spent  a  year  therein  subsequent  to  completing 
a  two  years'  course  in  the  training  school  attached  to  a  special  hospital. 

(III)  After  January  first,  nineteen  hundred  and  ten,  no  person  shall  be  eli- 
gible for  examination  or  for  registration  unless  he  or  she  furnishes  satisfactory 
evidence  of  having  substantially  completed  the  course  of  studies  pursued  in  the 
grammar  schools  of  the  state  of  California,  or  an  equivalent  course. 

§  6.  The  board  of  regents  of  the  University  of  California  shall  have  power 
to  revoke  any  certificate  of  registration  for  incompetency,  dishonesty,  intemper- 
ance, immorality  or  unprofessional  conduct,  after  a  full  and  fair  investigation 

Gen.   Laws — 64 


1010  NURSES— OAKLAND    CITY    AND    HARBOR. 

of  the  charges  preferred  against  the  accused.  Prior  to  such  hearing  a  written 
copy  of  such  charges  shall  be  furnished  to  the  accused,  who  shall  have  at  least 
twenty  days'  notice  in  writing  of  the  time  and  place  where  such  charge  will  be 
heard  and  determined. 

§  7.  Any  person  procuring  registration  under  this  act,  by  false  representa- 
tion or  who  shall  refuse  to  surrender  a  certificate  of  registration  which  has  been 
revoked  as  set  out  in  this  act,  or  who  shall  use  the  title  of  ' '  registered  nurse, ' '  or 
append  the  letters  "R.  N. "  or  any  other  words,  letters  or  figures  to  indicate  that 
the  person  using  the  same  is  a  registered  nurse,  unless  such  person  shall  be  law- 
fully entitled  so  to  do,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
five  days  nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment ;  pro- 
vided, however,  that  nothing  in  this  act  contained  shall  be  construed  to  prohibit 
or  affect  the  gratuitous  nursing  of  the  sick,  nor  to  nursing  the  sick  for  hire  by 
a  person  who  does  not  in  any  way  assume  to  be  a  registered  nurse. 

OAKLAND— CITY. 

Granting  certain  salt-marsh  and  tide  lands  of  the  state  to  the  city  of  Oakland. 

(Stats.  1873-4,  132,  ch.  CXIII.) 

§  1.  The  interest  of  the  state  of  California  in  those  lands  situate  in  the  city 
of  Oakland,  known  and  described  as  lots  numbered  one  to  nine,  inclusive,  in 
section  thirty-six,  and  lots  eleven  to  fourteen,  inclusive,  in  section  twenty-five, 
in  township  one  south,  range  four  west.  Mount  Diablo  meridian,  United  States 
survey,  as  the  same  are  laid  down  on  the  official  map,  entitled  "Map  number 
three  of  the  salt-marsh  and  tide  lands  situate  in  the  county  of  Alameda,"  pre- 
pared by  order  of  the  board  of  tide-land  commissioners,  and  surveyed  under 
the  direction  of  G.  F.  Allardt,  chief  engineer  of  the  tide-land  survey,  is  hereby 
granted  to  the  city  of  Oakland  in  trust,  for  the  use  of  the  people  thereof,  and  of 
the  people  of  the  state  as  a  water  park. 

§  2.  The  city  of  Oakland  shall  have  no  power  to  convey,  encumber,  or  lease 
any  of  the  said  lands,  or  grant  the  use  of  any  of  the  same,  for  any  purpose 
whatever,  but  shall  cause  the  same  to  be  kept  and  maintained  for  the  purposes 
mentioned  in  the  first  section  of  this  act,  and  for  none  other.  In  case  the  said 
city  shall  attempt  to  convey,  encumber,  lease,  or  grant  any  use  of  any  of  said 
lands,  the  same  shall  revert  to  the  people  of  the  .state ;  and  the  attorney-general 
may  bring  an  action  to  enforce  a  reconveyance  of  the  same  to  the  state. 

§  3.     This  act  shall  take  effect  immediately. 

OAKLAND— HARBOR. 

To  facilitate  the  construction  of  a  canal  for  the  improvement  of  Oakland  Harbor. 
(Stats.  1875-6,   862,  ch.  DLXXXI ;  supplemented  and  amended   1877-8,   113, 

ch.  cm.) 

§  1.  The  board  of  supervisors  of  the  county  of  Alameda  is  hereby  authorized 
and  directed,  during  the  present  year,  to  levy,  and  cause  to  be  collected,  in  the 


OAKLAND    HARBOR— ELIGIBILITY   TO    OFFICE.  1011 

same  manner  as  other  county  taxes,  a  special  tax  upon  the  property  of  said 
county,  sufficient  to  raise  the  sum  of  twenty-five  thousand  dollars,  which  shall 
be  set  apart  as  a  special  fund,  to  be  known  as  the  "Canal  Fund,"  and  if,  from 
any  cause,  the  said  special  tax  shall  not  yield  the  full  sum  of  twenty-five  thou- 
sand dollars,  the  treasurer  of  said  county  shall  transfer  from  the  geueraJ  fund 
to  the  canal  fund  a  sufficient  sum  to  make  up  the  deficiency. 

§  2.  The  said  sum,  or  so  much  thereof  as  may  be  necessary,  shall  be  applied 
to  the  payment  of  any  damages  that  may  be  finally  awarded  by  judicial  decree 
to  the  claimants  of  any  lands  that  may  be  condemned  and  taken  by  the  United 
States  for  the  purposes  of  a  canal  between  the  bay  of  San  Leandro  and  the 
estuary  of  San  Antonio,  for  the  improvement  of  the  Oakland  Harbor. 

§  3.  Upon  the  certificate  of  the  United  States  district  attorney  for  California, 
that  on  proceedings  for  condemnation  damages  have  been  awarded  to  the  claim- 
ants of  said  lands,  and  that  the  decree  concerning  the  same  has  become  final,  the 
supervisors  of  Alameda  County  shall  direct  the  auditor  of  said  county  to  draw 
his  warrant  upon  the  county  general  fund  in  such  sums  as  shall  be  necessary 
to  realize  the  sum  of  twenty-five  thousand  dollars  in  United  States  gold  coin,  in 
favor  of  the  clerk  of  the  court  in  which  such  proceedings  for  condemnation  were 
had  for  the  damages  so  awarded,  and  the  treasurer  of  said  county  shall  pay  the 
warrant  with  legal  interest,  in  United  States  gold  coin;  provided,  that  if  the 
damages  be  made  payable  in  lawful  currency  of  the  United  States,  said  board  of 
supervisors  shall  direct  such  warrant  to  be  drawn,  and  said  auditor  shall  draw 
such  warrant,  for  such  sum  in  United  States  gold  coin  as  will  purchase,  at  then 
current  rates  of  premium  or  discount,  the  said  sum  of  twenty-five  thousand 
dollars  in  lawful  currency  of  the  United  States,  and  the  said  clerk  of  said  court 
shall  convert  the  same  into  lawful  currency  and  pay  the  same  to  the  parties 
entitled  under  the  decree  of  condemnation.     [Amendment,  Stats.  1877-8,  113.J 

[Amendatory  act  (Stats.  1877-8,  113)  also  contained  the  following  section: 
**  §  3.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed.** 

§  4.  If,  after  paying  the  said  damages,  there  shall  remain  any  unexpended 
balance  in  said  canal  fund,  the  treasurer  shall  transfer  the  same  to  the  general 
fund. 

§  5.     This  act  shall  take  effect  immediately. 

The  sapplementary  act  above  referred  to  flfty-four    dollars    and    twenty    cents    from 

relates   first  to  a  transfer  of  certain  funda  the  canal  fund  to  the  general  fund  of  said 

In  the  following'  language:  county." 

"§  1.    The     board     of    supervisors     of    the  Following    the    above    provision      Is     the 

county    of    Alameda    are    hereby   authorized  amendment  of  section  3  of  the  Act  of  1877-8, 

and   empowered  to  direct  the   treasurer  and  as  inserted  in   the  foregoing  statute, 

auditor  of  said   county  to  transfer  the   sum  See  tit.  Municipal  Corporations. 
of  twenty-six  thousand  seven  hundred  and 

OFFICE— ELIGIBILITY. 

To  secure  to  native-born  and  naturalized  citizens  of  the  United  States  the  ex- 
clusive right  to  be  employed  in  any  department  of  the  state,  county,  city 
and  county,  or  incorporated  city  or  town  government  in  the  state. 
(Stats.  1901,  589,  ch.  CLXXXV.) 

§  1.  No  person,  except  a  native-born  or  naturalized  citizen  of  the  United 
States,  shall  be  employed  in  any  department  of  the  state,  county,  city  and  county, 
or  incorporated  city  or  town  government  in  this  state. 


lOia  OFFICE — ELIGIBILITY    TO — RE3IOVAL    FROM. 

§  2.  It  shall  be  unlawful  for  any  person,  whetlier  elected,  appointed  or  com- 
missioned to  fill  any  office  in  either  the  state,  county,  city  and  county,  or  incor- 
porated city  or  town  government  of  this  state,  or  in  any  department  thereof,  to 
appoint  or  employ  any  person  to  perform  any  duties  whatsoever,  except  such 
person  be  a  native-born  or  naturalized  citizen  of  the  United  States. 

§  3.  No  money  shall  be  paid  out  of  the  state  treasury,  or  out  of  the  treasury 
of  any  county,  or  city  and  county,  or  incorporated  city  or  town,  to  any  person 
employed  in  any  of  the  offices  mentioned  in  section  two  of  this  act,  except  such 
person  shall  be  a  native-born  or  naturalized  citizen  of  the  United  States. 

§  4.     This  act  shall  take  effect  immediately. 

And  as  to  eligibility,  see  tit.   Females. 

OFFICE— REMOVAL  FROM. 

To  execute  and  carry  into  effect  section  three  of  article  twenty  of  the  constitution 

of  the  state  of  California. 

(Stats.  1901,  552,  ch.  CLXVII.) 

§  1.  "Whenever  any  person  within  this  state  shall  hold  any  office  or  position 
of  public  trust  and  shall  have  taken  the  oath  of  office  prescribed  by  section  three 
of  article  twenty  of  the  state  constitution  upon  entering  upon  such  office,  or 
shall,  after  his  election  or  appointment,  have  offered  to  take  such  oath,  it  shall 
be  unlawful  to  remove  such  person  from  such  office  or  position  of  public  trust 
because  such  person  has  not  complied  with  some  or  any  provision  of  any  law, 
charter  or  regulation  prescribing  an  additional  test  or  qualification  for  such 
office  or  position  of  public  trust,  and  any  person  who  is  removed  or  threatened 
with  removal  from  any  office  or  position  of  public  trust  under  any  pretense  or 
device  whatever,  if  the  real  reason  be  because  of  non-compliance  with  provisions 
requiring  such  additional  test  or  qualification,  shall  be  entitled  to  restrain  such 
unlawful  removal  or  to  enforce  restoration  by  process  of  injunction  both  pro- 
hibitory and  mandatory. 

§  2.  It  shall  be  unlawful  for  any  person  having  the  power  of  removal  from 
office  of  any  public  official,  state  or  local,  to  remove  or  threaten  to  remove  such 
official  from  his  office  because  such  official  in  the  appointment  of  any  person  to  a 
position  of  public  trust  under  such  last-named  official,  refuses  to  require  any 
test  or  additional  qualification  than  the  oath  referred  to  in  section  one  of  this 
act  as  a  condition  of  permitting  such  appointee  to  enter  upon  or  remain  in  such 
position  of  public  trust ;  and  such  person  making  or  threatening  such  unlawful 
removal  from  office  may  be  restrained  by  prohibitory  and  mandatory  injunction 
from  effecting  such  removal  under  any  pretense  or  device  if  the  real  reason  of 
such  removal  or  threatened  removal  be  or  was  such  as  herein  declared  unlawful. 

§  3.     This  act  shall  take  effect  immediately. 

A  statnte   (1873-4,  911,  ch.  DCLX)   provide  Pac.    Rep.    757;    Wickersham   vs.    Brittan,    93 

ed  for  removal  from  office  for  violations  of  Cal.    34,    40,    28    Pac.    Rep.    792,    29   Pac.    Rep. 

official   duties.     Under  that   statute,   see   Co-  51,   15  L.  R.  A.   106n;   Grossman   vs.   Kennis- 

varrubias   vs.    Supervisors,    52   Cal.    622,   623;  ton,  97  Cal.  379,  380,  32  Pac.  Rep.  448. 
Fraser    vs.    Alexander,    75    Cal.    147,    148,    16 

OFFICERS— COUNTY. 

For  residence  and  office  hours,  see  KERR'S  CYC.  POL.  CODE  §  4116;  and  see  tits.  Coun- 
ty Government;  Constable;  Justice  of  the  Peace;  Surveyor. 


OFFICERS — INTOXICATION— STATE    OFFICERS — EMPLOY.MENT.  1013 

OFFICERS. 

See  tits.  County  Government;  County  Officers, 

OFFICERS— INTOXICATION. 

Relating  to  the  intoxication  of  officers. 
(Stats.  1880,  77,  ch.  LXXV.) 

§  1.  Any  officer  of  a  town,  village,  city,  county  or  state,  who  shall  be  intoxi- 
cated while  in  discharge  of  the  duties  of  his  office,  or  by  reason  of  intoxication 
is  disqualified  for  the  discharge  of,  or  neglects  his  duties,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  of  such  misdemeanor  shall  forfeit  his  office; 
and  in  such  case  the  vacancy  occasioned  thereby  shall  be  filled  in  the  same 
manner  as  if  such  officer  had  filed  his  r&signation  in  the  proper  office,  and  it 
had  been  accepted  by  the  proper  authority ;  provided,  such  acceptance  shall  have 
been  necessary  to  make  the  office  vacant. 

OFFICERS— STATE. 

Forbidding  the  employment  of  the  inmates  of  state  in.stitutions  in  the  manu- 
facture, or  production  of  articles,  for  the  use  of  state  officers,  or  the  officers 
and  employees  of  state  institutions. 

(Stats.  1903,  210,  ch.  CXC.) 

§  1.  No  inmate  of  any  state  institution  shall  be  employed  in  the  manufacture 
or  production,  of  any  article,  intended  for  the  private  and  personal  use  of  any 
state  officer,  or  officer  or  employee  of  any  state  institution ;  provided,  that  this  act 
shall  not  prevent  repairing  of  any  kind  nor  the  employment  of  such  inmates  in 
household  or  domestic  work  connected  with  such  institution. 

§  2.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.     This  act  shall  take  effect  on  and  after  its  passage. 

See  tits.  Bonds  Required  by  La-wj  Fees  of  Officers;  Labor — Protection  of  Wages;  Pub- 
lic Officers. 

OFFICIAL  BONDS. 

'^ee  tit.  Bonds  Required  by  Law. 

OIL— PETROLEUM. 

See  tit.  Oil  Lands. 

OIL  LANDS— INJURY  BY  WATER. 

To  prevent  injury  to  oil  or  petroleum-bearing  strata  or  formations  by  the  in- 
filtration or  intrusion  of  water  therein. 

(Stats.  1903,  399,  ch.  CCLXXV.) 

§  1.  It  shall  be  the  duty  of  the  owner  of  any  well  that  may  be  drilled  in  the 
state  of  California  on  lands  producing  or  containing  oil  or  petroleum  to  prop- 
erly ease  such  well  with  metal  casing,  in  accordance  with  the  best  approved 
methods,  landing  the  casing  in  the  clay  or  other  water-impex-vious  strata  or 
formation  immediately  underlying  the  surface  water-bearing  sands  or  strata, 
and  also  to,  if  the  well  be  drilled  to  a  sufficient  depth,  land  the  casing  in  the 


1014  OIL   LAIVDS,   INJURY   BY   WATER — OLIVE   OIL,    IMITATION. 

clay  or  other  water-impervioiis  strata  or  formation  underlying  such  oil  or 
petroleum  producing  or  bearing  sands  or  strata,  and  effectually  shut  off  all  water 
overlying  and  underlying  the  oil  or  petroleum  producing  or  bearing  sands  or 
strata,  and  effectually  prevent  any  water  from  penetrating  such  oil  or  petroleum 
producing  or  bearing  sands  or  strata. 

§  2.  It  shall  be  the  duty  of  the  owner  of  any  well  referred  to  in  section  one 
of  this  act,  before  abandoning  same,  to  withdraw  the  casing  therefrom  and 
securely  fill  such  well  with  clay,  earth  or  mortar,  or  other  good  and  sufficient 
materials,  used  alone  or  in  suitable  combination  and  thoroughly  packed  and 
tamped  in  the  well,  to  a  point  one  hundred  feet  above  the  upper  oil  or  petroleum 
bearing  or  producing  sand  or  strata,  and  while  withdrawing  the  casing  there- 
from, and  [to]  effectually  shut  off  and  exclude  all  water  underlying  and  overlying 
such  oil  or  petroleum  bearing  or  producing  sand  or  strata  from  penetrating  such 
sand  or  strata. 

§  3.  The  term  "owner"  as  herein  used  shall  mean  and  include  each  and  every 
person,  persons,  copartnership,  partnership,  association  or  corporation  owning, 
managing,  operating,  controlling  or  possessing  any  well  mentioned  in  sections 
one  and  two  of  this  act,  either  as  principal  or  principals,  lessee  or  lessees  of  such 
principal  or  principals,  and  their  and  each  of  their  employees;  the  term  "oil  or 
petroleum  producing  or  bearing  sand  or  strata"  as  herein  used  shall  mean  and 
include  any  bed,  seam  or  stratum  of  rock  or  sand  or  other  material  which  con- 
tains, includes  or  yields  earth  oil,  rock  oil,  or  petroleum  oil  or  natural  gas  or 
either  of  them. 

§  4.  Any  violation  of  the  provisions  of  this  act  shall  be  deemed  a  misde- 
meanor. 

OLD  MISSIONS. 

See  tit.  Historic  Property. 

OLEOMARGARINE. 

See  tits.  Butter;  State  Dairy  Bureau. 

For  note  on  oleomargarine,  see  ante,  p.  99 

OLETA— TOWN. 

See  tit.  Municipal  Corporations. 

OLIVE  OIL— IMITATION. 

To  regulate  the  sale  of  imitation  olive  oil,  and  to  repeal  an  act  entitled  "An  act 
to  regulate  the  sale  of  olive  oil,"  approved  March  tenth,  eighteen  hundred 
and  ninety-one. 

(Stats.  1893,  210,  ch.  CLXXVII.) 

§  1.  That  for  the  purpose  of  this  act  every  article,  substance,  or  compound, 
or  oil  other  than  that  extracted  solely  from  the  fruit  of  the  olive  tree,  made  in 
the  semblance  of  olive  oil  extracted  solely  from  the  fruit  of  the  olive  tree,  is 
hereby  declared  to  be  imitation  olive  oil. 

§  2.  Each  person  who  manufactures  imitation  olive  oil  shall  place  upon  every 
bottle,  can,  or  other  vessel  containing  such  imitation  oil,  a  label,  with  the  words 


OLIVE    OIL— IMITATION— REGULATING    SALE    OF.  1015 

"imitation  olive  oil"  printed  thereon  in  capital  letters,  in  a  clear  and  durable 
manner,  in  tlie  English  language,  in  plain  type,  designated  and  known  as  twenty- 
four-point  letter  type  (two-line  pica),  of  a  Gothic  face;  said  label  shall  also 
state  plainly  the  name  and  address  of  the  manufacturer  or  compounder,  the 
name  and  place  where  manufactured  and  put  up,  and  also  the  names  and  actual 
percentages  of  the  different  ingredients  contained  in  each  bottle,  can,  or  vessel. 

§  3.  No  person,  by  himself  or  another,  shall  knowingly  ship,  consign,  or  for- 
ward by  any  common  carrier,  whether  public  or  private,  any  imitation  olive  oil, 
unless  the  same  be  marked  as  provided  in  section  two  of  this  act,  and  no  carrier 
shall  knowingly  receive,  for  the  purpose  of  forwarding  or  transporting,  any  imi- 
tation olive  oil,  unless  it  shall  be  marked  as  hereinbefore  provided,  consigned, 
and  by  the  carrier  receipted  for,  as  imitation  olive  oil;  provided,  that  this  act 
shall  not  apply  to  any  goods  in  transit  between  foreign  countries  and  across  the 
state  of  California. 

§  4.  No  person  shall  knowingly  have  in  his  possession  or  under  his  control 
any  imitation  olive  oil,  unless  the  bottle,  can,  or  vessel,  or  other  package  contain- 
ing the  same,  be  clearly  marked  as  provided  in  section  two  of  this  act. 

§  5.  No  person,  by  himself  or  another,  shall  knowingly  sell  or  offer  for  sale 
imitation  olive  oil  under  the  name  of  or  under  the  pretense  that  the  same  is  pure 
olive  oil;  and  no  person,  by  himself  or  another,  shall  knowingly  sell  any  imita- 
tion olive  oil  unless  he  shall  inform  the  purchaser  at  the  time  of  sale  that  the 
same  is  imitation  olive  oil,  and  shall  deliver  to  the  purchaser  at  the  time  of  sale 
a  statement,  clearly  printed  in  the  English  language,  which  shall  refer  to  the 
article  sold,  and  which  shall  contain,  in  plain  type,  designated  and  known  as 
twenty-four-point  letter  type  (two-line  pica),  of  a  Gothic  face,  in  capital  letters, 
the  words  "imitation  olive  oil,"  and  shall  give  the  name  and  place  of  business 
of  the  manufacturer  or  compounder. 

§  6.  Every  person  having  possession  or  control  of  any  imitation  olive  oil, 
which  is  not  marked  as  required  by  the  provisions  of  this  act,  shall  be  presumed 
to  have  known,  during  the  time  of  such  possession  or  control,  that  the  same  was 
imitation  olive  oil. 

§  7.  No  person  shall  expose  for  sale  any  oil  bearing  the  semblance  of  olive 
oil,  manufactured  out  of  the  state,  and  represent  that  it  is  manufactured  in  this 
state,  nor  shall  offer  for  sale  any  such  oil  upon  the  receptacle  of  which  is  any 
cut,  design,  or  mark  intended  to  convey  the  belief  that  such  is  manufactured 
in  this  state. 

§  8.  "Whoever  shall  violate  any  of  the  provisions  or  sections  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  thirty  days  nor 
more  than  six  months,  or  by  both  fine  and  imprisonment,  as  the  court  may  direct. 

§  9.  It  shall  be  the  duty  of  the  state  board  of  horticulture  and  the  state 
analyst  to  enforce  the  provisions  of  this  act. 

§10.  An  act  entitled  "An  act  to  regulate  the  sale  of  olive  oil,"  approved 
March  tenth,  eighteen  hundred  and  ninety-one,  is  hereby  repealed. 

It  will  be  observed  that  section  1  of  the  foregroing-  act  purports  to  "amend"  section  1 
of  the  former  act,  and  that  In  section  10  of  this  the  former  act  is  repealed. 


1016  OPTOMETRY— REGULATING   PRACTICE    OF— BOARD    OF   EXAMINERS. 

OPTOMETRY. 

To  regulate  the  practice  of  optometry  and  for  the  appointment  of  a  board  of 

examiners  in  the  matter  of  said  regulation. 

(Stats.  1903,  285,  ch.  CCXXXIV.) 

§  1.  The  practice  of  optometry  is  defined  as  follows,  namely :  The  employ- 
ment of  subjective  and  objective  mechanical  means  to  determine  the  accommo- 
dative and  refractive  states  of  the  eye  and  the  scope  of  its  functions  in  general. 
§  2.  It  shall  be  unlawful  for  any  person  to  practise  optometry  in  the  state 
of  California  unless  he  shall  first  have  obtained  a  certificate  of  registration  and 
filed  the  same,  or  a  certified  copy  thereof,  with  the  clerk  of  the  county  of  his 
residence,  all  as  hereinafter  provided. 

§  3.  There  is  hereby  created  a  board,  whose  duty  it  shall  be  to  carry  out  the 
purposes  and  enforce  the  provisions  of  this  act,  and  shall  be  styled  the  California 
state  board  of  examiners  in  optometry.  Said  board  shall  be  appointed  by  the 
governor  as  soon  as  practicable  after  the  passage  of  this  act,  and  shall  consist 
of  three  persons  engaged  in  the  actual  practice  of  optometry,  and  residing  in 
the  state  of  California.  Each  member  of  said  board  shall  hold  office  for  a  term 
of  four  years,  and  until  his  successor  is  appointed.  Appointments  to  fill  vacan- 
cies caused  by  death,  resignation  or  removal,  shall  be  made  for  the  residue  of  such 
term  by  the  governor.  The  members  of  said  board,  before  entering  upon  their 
duties,  shall  respectively  take  and  subscribe  to  the  oath  required  to  be  taken  by 
other  officers,  and  filed  with  the  clerk  of  the  county  in  which  said  member  resides, 
and  said  board  shall  have  a  common  seal. 

§  4.  Said  board  shall  choose  at  its  first  regular  meeting,  and  annually  there- 
after, one  of  its  members  president,  and  one  secretary  thereof,  who  severally 
shall  have  the  power  during  their  term  of  office  to  administer  oaths  and  take 
affidavits,  certifying  thereto  under  their  hand  and  the  seal  of  the  board.  Said 
board  shall  meet  at  least  once  in  each  year  at  the  state  capitol,  and  in  addition 
thereto,  whenever  and  wherever  the  presideiit  and  secretary  thereof  shall  call  a 
meeting;  a  majority  of  said  board  shall  at  all  times  constitute  a  quorum.  The 
secretary  of  said  board  shall  keep  a  full  record  of  the  proceedings  of  said  board, 
which  records  shall  at  all  reasonable  times  be  open  to  public  inspection. 

§  5.  Every  person  before  beginning  to  practise  optometry  in  this  state,  after 
the  passage  of  this  act,  shall  pass  an  examination  before  said  board  of  exam- 
iners. Such  examination  shall  be  confined  to  such  knowledge  as  is  essential  to 
the  practice  of  optometry.  Any  person  having  signified  to  said  board  his  desire 
to  be  examined  by  them  shall  appear  before  them  at  such  time  and  place  as  they 
may  designate,  and  before  beginning  such  examination  shall  pay  to  the  secretary 
of  said  board,  for  the  use  of  said  board,  the  sum  of  ten  dollars,  and  if  he  shall 
successfully  pass  such  examination,  shall  pay  to  said  secretary,  for  the  use  of  said 
board,  a  further  sum  of  five  dollars  on  the  issuance  to  him  of  a  certificate.  All 
persons  successfully  pa&sing  such  examination  shall  be  registered  in  the  board 
register,  which  shall  be  kept  by  said  secretary,  as  licensed  to  practise  optometry, 
and  shall  also  receive  a  certificate  of  such  registration,  to  be  signed  by  the  presi- 
dent and  secretary  of  said  board,  which  shall  be  filed  as  hereinbefore  provided. 

§  6.     Every  person  who  is  actually  engaged  in  the  practice  of  optometry  in 
the  state  of  California,  at  the  time  of  the  passage  of  this  act,  shall,  within  six 


OPTOMETRY — REGULATING    PRACTICE— CERTIFICATE    OF    REGISTRATIOX.      1017 

months  thereafter,  file  an  affidavit  in  proof  thereof  with  said  board,  who  shall 
make  and  keep  record  of  such  person,  and  shall,  in  the  consideration  of  the  sum 
of  five  dollars,  issue  to  him  a  certificate  of  registration. 

§  7.  All  persons  entitled  to  a  certificate  of  registration  under  the  full  pro- 
visions of  section  six,  shall  be  exempt  from  the  provisions  of  section  five  of 
this  act. 

§  8.  Kecipients  of  said  certificate  of  registration  shall  present  the  same  for 
record  to  the  clerk  of  the  county  in  which  they  reside,  and  shall  pay  a  fee  of  fifty 
cents  to  the  clerk  for  recording  the  same.  Said  clerk  shall  record  said  certificate 
in  a  book  to  be  provided  by  him  for  that  purpose.  Any  person  so  licensed  re- 
moving his  residence  from  one  comity  to  another  in  this  state  shall,  before  en- 
gaging in  the  practice  of  optometry  in  such  other  county,  obtain  from  the  clerk 
of  the  county  in  which  said  certificate  of  registration  is  recorded,  a  certified 
copy  of  such  record,  or  else  obtain  a  new  certificate  of  registration  from  the 
board  of  examiners,  and  shall,  before  commencing  practice  in  such  county  file 
the  same  for  record  with  the  clerk  of  the  county  to  which  he  removes,  and  pay 
the  clerk  thereof  for  recording  the  same,  a  fee  of  fifty  cents.  Any  failure,  neglect 
or  refusal  on  the  part  of  the  person  holding  such  certificate  or  copy  of  record  to 
file  the  same  for  record,  as  hereinbefore  provided,  for  six  months  after  the 
issuance  thereof,  shall  forfeit  the  same.  Such  board  shall  be  entitled  to  a  fee  of 
one  dollar  for  the  reissue  of  any  certificate,  and  the  clerk  of  any  county  shall  be 
entitled  to  a  fee  of  one  dollar  for  making  and  certifying  a  copy  of  the  record  of 
any  such  certificate. 

§  9.  Any  person  entitled  to  a  certificate,  as  provided  for  in  section  six  of  this 
act,  who  shall  not  within  six  months  after  the  passage  thereof  make  written 
application  to  the  board  of  examiners  for  a  certificate  of  registration,  accom- 
panied by  a  written  statement,  signed  by  him,  and  duly  verified  before  an  officer 
authorized  to  administer  oaths  within  this  state,  fully  setting  forth  the  grounds 
upon  which  he  claims  such  certificate,  shall  be  deemed  to  have  waived  his  right 
to  a  certificate  under  the  provisions  or  refusal  on  the  part  of  any  person  holding 
such  certificate  under  the  provisions  of  such  section.  Any  failure,  neglect  or 
refusal  on  the  part  of  any  person  holding  such  certificate  to  file  the  same  for 
record,  as  hereinbefore  provided,  for  six  months  after  the  issuance  thereof,  shall 
forfeit  the  same. 

§  10.  Every  person  to  whom  a  certificate  of  examination  or  registration  is 
granted  shall  display  the  same  in  a  conspicuous  part  of  his  office  wherein  the 
practice  of  optometry  is  conducted. 

§  11.  Out  of  the  funds  coming  into  the  possession  of  said  board,  each  member 
thereof  may  receive,  as  compensation,  the  sum  of  five  dollars  for  each  day  actu- 
ally engaged  in  the  duties  of  his  office,  and  mileage  at  three  cents  per  mile  for  all 
distance  necessarily  traveled  in  going  to  and  coming  from  the  meetings  of  the 
board.  Said  expenses  shall  be  paid  from  the  fees  and  assessments  received  by  the 
board  under  the  provisions  of  this  act,  and  no  part  of  the  salary  or  other  expenses 
of  the  board  shall  ever  be  paid  out  of  the  state  treasury.  All  moneys  received 
in  excess  of  said  per  diem  allowance  and  mileage,  as  above  provided  for,  shall 
be  held  by  the  secretary  as  a  special  fund  for  meeting  expenses  of  said  board 
and  carrying  out  the  provisions  of  this  act,  and  he  shall  give  such  bonds  as 


1018  OPTOMETRY— REGULATIIVG   PRACTICE    OF— REGISTRATION   FEE. 

the  board  shall  from  time  to  time  direct,  and  the  said  board  shall  make  an 
annual  report  of  its  proceedings  to  the  governor  on  the  first  Monday  in  January 
of  each  year,  which  report  shall  contain  an  account  of  all  moneys  received  and 
disbursed  by  them  pursuant  to  this  act. 

§  12.  Every  registered  optometrist  who  desires  to  continue  the  practice  of 
optometry  in  this  state  shall  annually  on  such  date  as  the  board  of  optometry 
may  determine,  pay  to  the  secretary  of  said  board  a  registration  fee  to  be  fixed 
by  the  board,  but  which  shall  in  no  case  exceed  the  sum  of  two  dollars  per  annum, 
for  which  he  shall  receive  a  renewal  of  said  registration;  and  in  case  of  default 
in  such  payment,  by  any  person,  his  certificate  may  be  revoked  by  the  board  of 
examiners,  under  twenty  days'  notice  of  the  time  and  place  of  considering  such 
revocation.  But  no  certificate  shall  be  revoked  for  such  non-payment  if  the 
person  so  notified  shall  pay  before  or  at  such  time  of  consideration  his  fee  and 
such  penalty  as  may  be  imposed  by  said  board;  provided,  that  said  board  may 
impose  a  penalty  of  five  dollars  and  no  more  on  any  one  person  so  notified,  as  a 
condition  of  allowing  his  certificate  to  stand;  provided,  further,  that  said  board 
of  examiners  may  collect  any  such  fees  by  suit. 

§  13.  Said  board  shall  have  power  to  revoke  any  certificate  of  registration 
granted  by  it  under  this  act  for  conviction  of  crime,  habitual  drunkenness  for 
six  months  immediately  before  a  charge  to  be  made,  gross  incompetency,  or  con- 
tagious or  infectious  disease ;  provided,  that  before  any  certificate  shall  be  so 
revoked,  the  holder  thereof  shall  have  notice  in  writing  of  the  charge  or  charges 
against  him,  and  at  a  day  specified  in  said  notice,  at  least  five  days  after  the 
service  thereof,  be  given  a  public  hearing,  and  have  opportunity  to  produce  testi- 
mony in  his  behalf  and  to  confront  the  witnesses  against  him.  Any  person  whose 
certificate  has  been  so  revoked,  may,  after  the  expiration  of  ninety  days,  apply 
to  have  the  same  regranted,  and  the  same  shall  be  regranted  him,  upon  a  satis- 
factory showing  that  the  disqualification  has  ceased. 

§  14.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  not  less 
than  twenty  dollars,  nor  not  more  than  one  hundred  dollars,  or  to  be  confined  not 
less  than  one  month,  nor  more  than  three  months  in  the  county  jail,  and  in  de- 
fault of  payment  of  said  fine  shall  be  imprisoned  in  the  county  jail  at  the  rate 
of  one  day  for  every  two  dollars  of  the  fine  so  imposed.  And  all  fines  thus  re- 
ceived shall  be  paid  into  the  common  school  fund  of  the  county  in  which  such 
conviction  takes  place. 

§  15.  Justices  of  the  peace  and  the  respective  municipal  courts  shall  have 
jurisdiction  of  violations  of  this  act.  It  shall  be  the  duty  of  the  respective  dis- 
trict attorneys  to  prosecute  all  violations  of  this  act. 

§  16.  Nothing  in  this  act  shall  be  construed  to  apply  to  physicians  and  sur- 
geons authorized  to  practise  under  the  laws  of  the  state  of  California,  nor  to 
persons  who  sell  spectacles  or  eye-glasses  in  the  ordinary  course  of  trade,  and 
who  do  not  attempt  to  employ  subjective  and  objective  mechanical  means  to 
determine  the  accommodative  and  refractive  states  of  the  eye. 

§  17.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


ORANGB   COUNTY— ORGANIZATION   OF— BOUNDARIES.  1010 

ORANGE  COUNTY— ORGANIZATION. 

To  create  the  county  of  Orange,  to  define  the  boundaries  thereof,  to  determine 
the  county  seat  by  an  election,  and  to  provide  for  its  organization  and 
election  of  ofdcei'S,  and  to  classify  said  county. 

(Stats.  1889,  123,  ch.  CX.) 

§  1.  Upon  the  assent  of  two  thirds  of  the  qualified  electoral,  voting  at  an 
election  to  be  held  for  that  pui'pose  as  provided  in  sections  four  and  five  of  this 
act,  there  shall  be  formed  out  of  the  southeast  part  of  Los  Angeles  County  a  new 
county,  to  be  known  as  the  county  of  Orange,  which  shall  rank  as  a  county  of  the 
fifteenth  class,  until  the  census  of  eighteen  hundred  and  ninety  is  taken  and  a 
new  apportionment  is  had. 

§  2.  The  boundaries  of  Orange  County  shall  be  as  follows :  Beginning  at  a 
point  in  the  Pacific  Ocean  three  miles  southwest  of  the  center  of  the  mouth  of 
Coyote  Creek,  proceeding  up  said  creek  in  a  northeasterly  direction  until  it  inter- 
sects the  township  line  between  township  three  south  of  ranges  ten  and  eleven 
west ;  thence  north  on  said  township  line  to  the  northwest  corner  of  section  six, 
township  three  south,  range  ten  west ;  thence  east  on  said  township  line  until  it 
intersects  the  boundary  line  between  San  Bernardino  and  Los  Angeles  counties ; 
thence  along  said  boundary  southeasterly  until  it  interesects  the  boundary  line  of 
San  Diego  County ;  thence  along  said  line  southwest  until  it  reaches  the  Pacific 
coast;  thence  in  the  same  direction  to  a  point  three  miles  in  said  Pacific  Ocean; 
thence  in  northwesterly  line  parallel  to  said  coast  to  the  point  of  beginning. 

§  3.  The  county  seat  of  the  county  of  Orange  shall  be  chosen  as  hereinafter 
provided. 

§  4.  The  governor  shall,  when  this  act  takes  effect,  appoint  five  persons,  resi- 
dents-and  electors  of  the  county  of  Orange,  who  shall  be  and  constitute  a  board 
of  commissioners,  to  perfect  the  organization  of  said  county,  a  majority  of 
whom  shall  constitute  a  quorum.  Said  commissioners  shall  meet  in  the  city  of 
Santa  Ana,  within  twenty  days  after  their  appointment,  and  after  being  duly 
sworn  to  faithfully  discharge  their  duties  as  prescribed  in  this  act,  shall  organize 
by  electing  from  their  number  a  president  and  secretary;  upon  the  first  Monday 
of  the  second  month  next  succeeding  the  passage  of  this  act,  it  shall  be  the  duty 
of  the  commissioners  to  order  a  special  election  to  be  held  within  the  boundaries 
of  the  proposed  county  of  Orange,  on  the  first  Tuesday  after  the  first  Monday  of 
the  month  following,  and  they  shall  cause  notice  of  the  same  to  be  printed  in 
two  newspapers  of  general  circulation  published  in  said  proposed  county  of 
Orange.  The  said  notice  shall  contain  the  names  of  the  election  officers,  and 
a  list  of  the  polling-places,  with  the  time  of  opening  and  closing  the  polls  on 
election  day  (which  day  shall  also  be  named).  Such  notices,  if  published  in 
weekly  newspapers  shall  appear  as  often  as  said  newspapers  are  published 
between  the  day  of  meeting,  as  aforesaid,  and  the  date  of  such  election ;  if 
printed  in  papers  issued  oftener  than  once  a  week,  then  the  same  shall  appear 
once  in  each  week  from  the  day  of  such  meeting  to  the  date  of  election.  The 
precincts  existing  at  the  general  election  held  on  November  sixth,  eighteen 
hundred  and  eighty-eight,  and  tlie  fractions  of  such  precincts  then  existing,  as 
are  divided  by  the  creation  of  the  proposed  county  severally,  constitute  the 


1020     ORANGE  COUNTY— ORGANIZATION   OF — ELECTION— MANNER   OP  HOLDING. 

precincts  for  such  election.  The  said  election  shall  be  held  and  conducted 
under  the  general  election  laws  of  the  state,  applicable  to  special  elections. 
At  such  election  all  persons  voting  for  the  creation  of  Orange  County  shall 
have  written  or  printed  on  their  ballots  the  words:  "For  the  new  County  of 
Orange,"  or  equivalent  words;  and  all  persons  voting  against  the  creation  of 
the  new  county  of  Orange  shall  have  written  or  printed  on  their  ballots  the 
words:  "Against  the  new  County  of  Orange,"  or  equivalent  words.  If,  at 
such  election,  less  than  two  thirds  of  the  qualified  electors  voting  for  and 
against  the  creation  of  the  proposed  county  vote  for  the  creation  of  said 
county,  then  this  act  shall  cease  to  be  of  any  force  or  effect.  If,  at  such  elec- 
tion, two  thirds  of  the  qualified  electors  voting  for  and  against  the  creation 
of  the  proposed  county  vote  in  favor  thereof,  said  commissioners  shall  then 
divide  the  new  county  into  a  convenient  number  of  judicial  townships,  road 
and  school  districts,  define  their  boundaries,  and  designate  the  name  of  each. 
They  shall  also  divide  said  county  into  five  supervisorial  districts,  to  contain  as 
nearly  as  practicable  an  equal  number  of  inhabitants,  and  number  said  dis- 
tricts. They  shall  also  establish  election  precincts  in  said  county.  They 
shall  give  thirty  days'  notice,  by  publication  in  one  or  more  newspapers  pub- 
lished in  the  county,  of  the  precincts  established,  and  shall  designate  the  name 
and  boundaries  of  each  precinct,  and  number  and  boundaries  of  each  super- 
visorial district.  Said  commissioners,  their  president  and  secretary,  are  here- 
by authorized  and  required  to  discharge  the  same  duties  as  are  now  required 
by  law  of  boards  of  supervisors  and  county  clerks  in  the  counties  of  this  state, 
so  far  as  the  same  applies  to  holding  elections,  canvassing  returns,  and  issuing 
certificates  of  election.  They  shall  keep  a  full  record  of  all  their  proceedings, 
transmitting  to  the  secretary  of  state  a  certified  copy  thereof,  filing  the  orig- 
inals with  the  original  election  returns,  in  the  county  clerk's  office,  as  soon  as 
he  shall  have  been  qualified,  and  thereupon  the  powers  and  duties  of  said 
commissioners  shall  cease  and  terminate. 

§  5.  Within  a  period  not  exceeding  six  months  from  the  time  of  the  first 
meeting  of  the  commissioners  heretofore  provided  for,  said  commissioners  shall 
order  an  election  to  be  held  in  said  county  of  Orange,  which  shall  be  held  in 
the  manner,  so  far  as  practicable,  as  required  by  the  Political  Code,  sections 
one  thousand  and  forty-one  to  one  thousand  two  hundred  and  ninety-seven, 
inclusive;  provided,  that  said  board  of  commissioners  shall  continue  to  hold 
their  meetings  in  the  city  of  Santa  Ana  until  they  have  completed  the  canvass 
of  the  returns  of  the  election,  and  issued  the  certificates  of  election  required 
by  this  act.  There  shall  be  chosen  at  said  election,  by  the  qualified  electors  of 
said  county,  one  judge  of  superior  court,  one  district  attorney,  one  county 
clerk,  who  shall  be  ex  officio  clerk  of  the  superior  court  and  clerk  of  the  board 
of  supervisors,  one  recorder,  who  shall  be  ex  officio  auditor,  one  sheriff,  who 
shall  be  ex  officio  tax  collector,  one  county  treasurer,  one  county  assessor,  one 
county  superintendent  of  public  schools,  one  county  surveyor,  one  county 
coroner,  who  shall  be  ex  officio  public  administrator.  There  shall  be  chosen 
at  said  election  one  supervisor  for  each  supervisorial  district  in  said  county; 
provided,  that  all  duly  elected  and  qualified  supervisors  of  Los  Angeles  County 
who,  at  the  taking  effect  of  this  act,  are" residents  of  Orange  County,  shall  hold 
their  offices  for  the  term  provided  by  law,  upon  having  duly  qualified  as 


'    ORANGE    COUNTY — ORGANIZATION    OF — ELECTION— QUALIFIED   ELECTORS.      1021 

supervisors  of  Orange  County  for  the  respective  districts  in  which  they  reside, 
as  said  districts  are  organized  by  the  action  of  the  board  of  commissioners 
provided  for  in  this  act.  There  shall  be  chosen  at  said  election  two  justices  of 
the  peace,  and  two  constables  for  each  to-\vnship ;  provided,  that  all  justices  of 
the  peace  and  constables,  acting  as  such  at  the  time  of  the  passage  of  this 
act,  residents  of  Orange  County,  shall  hold  their  offices  for  the  time  provided 
by  law,  upon  having  qualified  as  justices  of  the  peace  and  constables  of  Orange 
County  for  the  respective  townships  in  which  they  severally  reside,  as  said 
townships  are  organized  by  the  action  of  the  board  of  commissioners  provided 
for  in  this  act.  There  shall  be  chosen  at  said  election  three  school  trustees 
for  each  school  district ;  provided,  that  all  school  trustees  acting  as  such  at  the 
time  of  the  passage  of  this  act,  residents  of  Orange  County,  shall  hold  their 
offices  for  the  time  provided  by  law,  upon  having  duly  qualified  as  school  trus- 
tees of  Orange  County  for  the  respective  school  districts  in  which  they 
severally  reside,  as  said  districts  are  organized  by  the  board  of  commissioners 
provided  for  in  this  act.  There  shall  also  be  chosen  at  said  election  one  road 
overseer  for  each  road  district;  provided,  that  all  road  overseers  acting  as 
such  at  the  time  of  the  passage  of  this  act,  residents  of  Orange  County,  shall 
hold  their  offices  for  the  time  provided  by  law,  upon  having  duly  qualified  as 
road  overseers  of  Orange  County  for  the  respective  road  districts  in  which 
they  severally  reside,  as  said  districts  are  organized  by  the  action  of  the  board 
of  commissioners  provided  for  in  this  act.  All  the  officers  elected  at  said 
election,  or  who  qualify  under  the  provisions  of  this  act,  shall  enter,  imme- 
diately after  their  qualification,  upon  the  discharge  of  the  duties  of  their 
respective  offices,  and  shall  hold  such  offices  until  the  time  provided  by  general 
law  for  the  election  and  qualification  of  such  officers  of  this  state,  and  until 
their  successors  are  elected  and  qualified.  At  said  election  shall  also  be  sub- 
mitted to  the  qualified  electors  the  location  of  the  county  seat  of  said  Orange 
County,  and  the  place  receiving  the  highest  number  of  votes  therefor  shall  be 
declared  by  the  commissioners  the  county  seat  of  said  county. 

§  6.  All  qualified  electors  of  this  state,  who  have  been  residents  and  electors 
of  said  territory  of  Orange  County  for  ninety  days  preceding  the  election 
provided  for  in  section  five  of  this  act,  shall  be  qualified  to  vote  at  said  elec- 
tion. The  register  of  Los  Angeles  County,  used  at  the  general  election  held 
in  the  year  eighteen  hundred  and  eighty-eight,  in  the  territory  of  the  new 
created  county  of  Orange,  shall  be  prima  facie  evidence  for  the  qualification 
of  electors.  The  county  clerk  of  Los  Angeles  County  is  hereby  directed  to 
furnish  the  commissioners  of  Orange  County  a  certificate  under  seal,  showing 
the  additional  names  of  voters  on  the  great  register  of  Los  Angeles  County 
registered  as  residing  in  the  territory  forming  the  county  of  Orange  since  the 
last  great  register  of  Los  Angeles  County  was  printed,  and  the  certificate  of 
the  county  clerk  of  Los  Angeles  County,  under  seal,  showing  the  registration 
of  any  qualified  voter  who  resides  in  the  territory  forming  the  county  of 
Orange,  up  to  the  date  of  election,  shall  entitle  the  holder  thereof,  if  otherwise 
qualified  by  law,  to  vote  at  said  election. 

§  7.  It  shall  be  the  duty  of  the  board  of  supervisors  of  Orange  County, 
whose  election  is  by  the  act  provided  for,  to  meet  at  the  county  seat  on  the 
first  Monday  of  the  month  subsequent  to  their  election  and  qualification,  the 


lOaa  ORANGE    COUiVTY — ORGANIZATION    OF— BOARD    OP    SUPERVISORS. 

member  representing  district  number  one  being  chairman.  They  shall  then 
allow  such  remuneration  to  the  commissioners  and  officers  of  election  as  they 
may  think  just  and  proper;  and  such  allowance  shall  be  paid  by  a  warrant 
drawn  in  favor  of  each  by  the  proper  officers.  Said  board,  or  a  majority  of 
them,  shall  then  appoint  two  freeholders,  residents  of  Orange  County,  to  act 
as  a  board  of  commissioners,  whose  duty  it  shall  be  to  meet  a  like  number  of 
commissioners,  appointed  by  the  board  of  supervisors  of  Los  Angeles  County, 
at  a  time  and  place  agreed  on.  Such  joint  commissioners  shall  then  organize 
by  appointing  from  their  number  a  president  and  secretary,  and  shall  imme- 
diately proceed  to  determine  the  indebtedness  of  said  county  existing  at  the 
time  this  act  takes  effect,  as  hereinafter  provided.  Said  commissioners  shall 
have  power  to  compel  the  attendance  of  such  persons  and  the  production  of 
such  books  and  papers  before  them  as  they  may  require  in  performing  the 
duties  imposed  by  this  act;  and  it  shall  be  the  duty  of  the  sheriffs  of  Los 
Angeles  and  Orange  Counties  to  execute  all  lawful  orders  of  said  commis- 
sioners in  their  respective  counties ;  and  for  any  services  performed  the  sheriffs 
shall  be  allowed  the  same  fees  as  are  allowed  for  like  services  in  civil  cases; 
and  all  the  witnesses  attending  before  these  commissioners,  by  their  order, 
shall  be  entitled  to  the  same  compensation  and  mileage  as  is  allowed  to  wit- 
nesses in  civil  cases;  provided,  no  witness  shall  be  excused  from  attendance  at 
the  time  and  place  mentioned  in  said  order  or  subpoena  by  reason  of  the  failure 
of  the  officer  making  service  thereof  to  tender  his  fees  in  advance.  Should 
any  vacancy  occur  in  said  commissioners,  by  death,  resignation,  or  otherwise, 
the  board  of  supervisors  of  the  county  in  which  such  vacancy  shall  occur  shall 
have  power  to  fill  the  vacancy  by  appointment.  Should  the  commissioners 
before  designated  be  unable  to  agree  in  the  discharge  of  duties  imposed  by 
the  provisions  of  this  act,  they  are  hereby  required  and  empowered  to  appoint 
a  fifth  commissioner,  which  commissioner  so  appointed  shall  be  a  member  of 
said  board  of  commissioners  from  and  after  his  appointment.  The  full  num- 
ber of  commissioners  shall  be  necessary  to  constitute  a  quorum  for  the  transac- 
tion of  business;  and  if  said  commissioners  should  fail,  neglect,  or  refuse  to 
appoint  a  fifth  commissioner,  as  provided  in  this  section,  it  shall  be  the  duty 
of  the  governor  of  the  state  of  California  to  appoint  the  fifth  commissioner. 
They  shall  ascertain  the  total  amount  of  indebtedness  of  Los  Angeles  County 
existing  at  the  time  this  act  takes  effect,  and  also  the  total  value  of  all  assets 
of  said  county,  including  real  estate,  buildings,  and  bridges  erected,  or  in 
progress  of  erection,  money,  and  solvent  credits  of  whatever  nature,  and  any 
other  property  belonging  to  the  said  county  of  Los  Angeles.  They  shall  also 
ascertain  the  assessed  value  of  all  property  in  Los  Angeles  County  under  the 
assessment  made  in  eighteen  hundred  and  eighty-eight,  and  also  the  assessed 
value  of  the  property  under  the  same  assessment  assessed  in  the  territory 
hereby  set  apart  to  form  Orange  County.  They  shall  then  find  the  balance  of 
the  total  assets  and  indebtedness  of  Los  Angeles  County,  and  if  there  is  a 
balance  of  indebtedness  against  said  county,  the  same  shall  be  divided  between 
the  two  counties  according  to  the  following  proportion:  As  the  total  assessed 
value  of  the  property  of  Los  Angeles  County,  at  the  time  of  the  taking  effect 
of  this  act,  is  to  the  total  assessed  value  of  the  property  in  Orange  County,  so 
is  the  balance  of  said  indebtedness  so  as  aforesaid  ascertained,  to  the  amount 


orange:    county— organization    of— board    of    SL'PKRVISORS.  1023 

of  said  indebtedness  to  be  assumed  and  paid  by  Orange  County  to  Los  Angeles 
County^  Said  commissioners  shall  then  certify  forthwith  to  the  respective 
boards  of  supervisors  of  said  counties  of  Orange  and  Los  Angeles  such  amounts 
of  the  said  indebtedness  due  from  Orange  County,  together  with  the  ascer- 
tained value  of  all  bridges  and  other  property  estimated  and  reckoned  among 
the  assets  of  Los  Angeles  County,  as  aforesaid,  erected  or  purchased  by  county 
funds,  and  situated  in  Orange  County,  which  property  shall  be  charged  to  the 
new  county,  and  the  amount  thereof  shall  be  an  indebtedness  to  Los  Angeles 
County,  and  shall  thereupon  become  the  property  of  said  Orange  County.  In 
case  said  commissioners  shall  find  a  balance  of  assets  of  Los  Angeles  County 
over  and  above  its  liabilities,  they  shall  belong  to  Orange  County  by  the  pro- 
portion aforesaid,  and  shall  certify  the  same  to  the  said  boards  of  supervisors, 
together  with  the  value  of  the  bridges  and  other  property  as  aforesaid ;  and  if 
the  amount  of  said  balance  of  assets  belonging  to  Orange  County  is  less  than 
the  value  of  said  property,  then  the  difference  between  the  two  amounts  shall 
be  assumed  and  paid  by  Orange  County  to  Los  Angeles  County  -,  but  if  said 
amount  is  greater  than  the  value  of  said  property,  then  said  Los  Angeles 
County  shall  pay  the  dift'erence  between  the  two  amounts  to  said  Orange 
County.  The  board  shall,  in  accordance  with  the  general  laws,  levy  state  and 
county  taxes.  Twenty  per  centum  of  the  county  tax  shall  be  collected  and 
set  apart  as  a  sinking  fund,  to  liquidate  the  debt  due  from  Orange  County 
to  the  county  of  Los  Angeles,  being  the  former's  portion  of  the  original 
indebtedness;  and  when  there  shall  be  five  hundred  dollars,  or  more,  placed 
to  the  credit  of  the  sinking  fund,  it  shall  be  the  duty  of  the  board  of  super- 
visors of  Orange  County,  provided  no  coupons  of  said  county  are  past  due,  or 
in  danger  of  being  unprovided  for  on  maturity,  to  draw,  upon  their  own  order, 
such  sum  as  may  be  required  to  pay  the  principal  and  interest  of  one  or  more 
of  the  bonds  of  the  county  of  Orange,  and  upon  presentation  to  the  treasurer 
of  the  county  of  Los  Angeles,  of  the  said  sum  of  money,  he  shall  surrender  to 
the  said  board  of  supervisors  such  number  of  Orange  County  bonds  as  shall  be 
redeemed  by  such  payment.  Said  bonds  shall  then  be  canceled,  and  on  their 
face  countersigned  by  the  chairman  of  the  board  of  supervisors,  and  filed  in 
the  clerk's  office.  Said  board  of  supervisors  shall  have  and  exercise  such  other 
powers  and  duties  as  are  conferred  by  the  general  laws  on  boards  of  super- 
visors of  this  state.  The  levy  of  taxes  and  collections  held  for  the  first  year 
shall  be  as  effective  as  if  levied  at  the  time  provided  in  the  general  laws. 

§  8.  The  board  of  supervisors  of  Orange  County  are  hereby  authorized  to 
provide  suitable  books,  and  contract  with  some  competent  person  to  transcribe 
from  the  records  of  Los  Angeles  County  such  parts  thereof  as  relate  to  prop- 
erty situated  in  Orange  County,  and  said  records,  when  so  transcribed  and 
certified,  shall  have  the  same  force  and  effect  as  such  original  records.  The 
person  so  employed  shall  have  access  to  said  records  of  Los  Angeles  County 
for  said  purpose  of  transcribing  the  same.  The  compensation  for  said  services 
shall  be  fixed  and  allowed  by  the  board  of  supervisors  of  Orange  County,  not 
to  exceed  for  transcribing  fifteen  cents  per  folio.  The  recorder  of  Los  Angeles 
County  shall  examine  said  transcript  and  certify  to  the  correctness  of  each 
deed,  mortgage,  and  other  instrument,  and  affix  his  seal  to  the  same ;  for  which 
service  he  shall  receive  a  sum  not  to  exceed  twenty-five  cents  for  each  instru- 


1024  ORANGE    COUNTY— ORGANIZATION    OF— TRANSFER    OF    CAUSES. 

ment  so  examined,  certified  and  sealed.  For  each  instrument  found  to  be 
incorrectly  transcribed,  he  shall  receive  a  fee  of  fifty  cents,  to  be  deducted 
from  the  pay  of  the  party  who  transcribed  the  same. 

§  9.  All  actions  or  special  proceedings,  whether  original  or  upon  appeal, 
civil  or  criminal,  which  shall  be  pending  in  the  superior  courts  in  the  county  of 
Los  Angeles  at  the  time  of  the  organization  of  Orange  County  in  which  the 
defendants  are  residents  of  Orange  County,  shall  be  removed  for  trial  and 
final  determination  to  the  superior  court  of  Orange  County,  on  motion  of  any 
party  interested;  provided,  that  all  actions  commenced  for  collection  of 
licenses  shall  not  be  removed  from  the  courts  of  Los  Angeles  County ;  provided 
further,  that  in  all  criminal  eases  where  the  offense  was  committed  within  the 
present  limits  of  Orange  County,  upon  the  application  of  the  district  attorney 
of  Orange  County,  said  cases  shall  be  removed  to  Orange  County. 

§  10.  The  county  officers  of  Orange  County  shall,  except  as  otherwise  pro- 
vided by  this  act,  be  elected  at  the  same  time  as  county  officers  in  other 
counties  of  this  state,  and  shall  hold  their  offices  for  the  time  fixed  by  law, 
and  perform  all  duties  required  by  the  general  laws  of  this  state.  They  shall 
give  bonds,  as  required  in  section  four  thousand  one  hundred  and  twenty-two 
of  the  Political  Code,  for  the  faithful  discharge  of  their  duties,  to  be  approved 
by  the  judge  of  the  superior  court. 

§  11.  The  notaries  public  of  Los  Angeles  County,  residents  of  Orange 
County  at  the  date  of  their  appointment,  shall  hold  their  offices  until  the 
expiration  of  their  terms. 

§  12.  The  superintendent  of  public  schools  of  the  county  of  Los  Angeles 
shall  furnish  the  superintendent  of  public  schools  of  Orange  County  with  a 
certified  copy  of  the  last  school  census  list  of  the  different  school  districts  in 
the  territory  set  apart  to  form  Orange  County,  and  draw  his  warrant  on  the 
treasurer  of  Los  Angeles  County,  in  favor  of  the  superintendent  of  schools  of 
Orange  County,  for  all  money  that  is  or  may  be  due  by  apportionment,  or 
otherwise,  to  the  different  school  districts  of  Orange  County ;  and  the  auditor 
of  Los  Angeles  County  shall,  in  like  manner,  draw  his  warrant  in  favor  of  the 
auditor  of  Orange  County  for  all  money  that  is  or  may  be  due  by  apportion- 
ment, or  otherwise,  to  the  different  road  district  funds  in  the  territory  set 
apart  to  form  Orange  County,  and  be  properly  credited  to  the  respective  dis- 
tricts in  said  county. 

.§  13.  The  county  of  Orange  shall  be  attached  to  and  form  a  part  of  the 
thirty-ninth  senatorial  district  and  of  the  seventy-eighth  assembly  district,  and 
until  a  new  apportionment  shall  join  Los  Angeles  County  in  electing  a  senator 
and  assemblyman  from  said  districts. 

§  14.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its 
passage  and  approval. 

§7  —  Los  Angeles  County  vs.  Orange  Cal.  390,  393,  46  Pac.  Rep.  173.  Jndge — Peo- 
County,  97  Cal.  329,  330,  32  Pac.  Rep.  316;  pie  vs.  Markham,  104  Cal.  232,  236,  37  Pac. 
Orange  County  vs.  Los  Angeles  County,  114       Rep.  918. 

OROVILLE— TOWN. 

See  tit.  Municipal  Corporations. 


ORPHAN    ASYLUMS— OSTEOPATHY— REGULATING     PRACTICE     OF.  1025 

ORPHANS— ORPHAN  ASYLUMS. 

See  tits.  Adoption;  Apprentices;  Children. 

state  aid  to,  see  Stats.   1880,   13,  ch.   XIX.  423;   Lewis  vs.   Colgan,   115   Cal.   529,   535,   47 

— County   of  San  Luis   Obispo   vs.   Gage,    139  Pac.  Rep.   357;   Power  vs.  May,   123   Cal.   147, 

Cal.    398,    400,    73    Pac.    Rep.    174;    and    the  151,  55  Pac.  Rep.   796;  Humboldt  County  vs. 

earlier  cases  cited:  Grand  Lodge  I.  O.  G.   T.  Stern,  136  Cal.  63,  64,  68  Pac.  Rep.  324. 
vs.  Markham,  102  Cal.  169,  170,  36  Pac.  Rep. 

OSTEOPATHY. 

To  regulate  the  practice  of  osteopathy  in  the  state  of  California,  and  to  provide 
for  a  state  board  of  osteopathic  examiners,  and  to  license  osteopaths  to 
practise  in  this  state,  and  punish  persons  violating  the  provisions  of  this 
act. 

(Stats.  1901,  113,  ch.  XCIX.) 

§  1.  That  any  person  practising  osteopathy  in  this  state  sliall  possess  the 
qualifications  required  by  this  act. 

§  2.  The  Osteopathic  Association  of  the  State  of  California,  incorporated 
under  the  laws  of  the  state  of  California,  shall  appoint  a  board  of  examiners 
as  soon  as  possible  after  the  passage  of  this  act,  to  be  known  as  the  state  board 
of  osteopathic  examiners.  This  board  shall  consist  of  five  (5)  qualified  prac- 
tising resident  osteopaths,  each  of  whom  shall  be  a  graduate  of  a  legally 
authorized  college  of  osteopathy.  Each  member  of  said  board  shall  serve 
thereon  for  a  term  of  two  years,  and  until  his  successor  is  appointed,  except 
in  case  of  the  first  board,  on  which  two  (2)  members  shall  serve  for  two  (2) 
years,  and  three  (3)  for  three  years,  as"  specified  in  their  appointment.  In 
case  of  a  vacancy  by  death  or  otherwise,  there  shall  be  appointed  in  like  man- 
ner a  person  to  serve  through  such  unexpired  term. 

§  3.  Said  board  of  osteopathic  examiners  shall  elect  a  president,  secretary, 
and  treasurer,  and  shall  have  a  common  seal,  and  its  president  and  secretary 
shall  have  power  to  administer  oaths.  Said  board  shall  hold  meetings  for 
examination  at  the  state  capitol,  or  at  some  regularly  conducted  and  legally 
authorized  college  of  osteopathy,  within  the  state,  on  the  third  Tuesday  of 
February  and  July  of  each  year,  and  such  other  meetings  as  may  be  deemed 
necessary,  each  session  thereof  not  to  exceed  three  days  and  shall  issue  a  cer- 
tificate of  qualification  to  all  applicants  having  a  diploma,  or  who  pass  the 
required  examinations,  as  provided  by  section  four  (4)  of  this  act;  said  cer- 
tificate shall  be  signed  by  the  president  and  secretary  of  said  board,  and  attested 
by  its  seal,  and  shall  be  conclusive  as  to  the  rights  of  the  lawful  holder  of  the 
same  to  practise  osteopathy  in  this  state.  Said  board  shall  keep  a  record  of 
all  its  proceedings,  and  also  a  register  of  all  applicants  for  a  license,  together 
with  his  or  her  name  and  age  and  time  spent  in  the  study  and  practice  of 
osteopathy,  and  of  the  name  and  location  of  the  college  of  osteopathy  from 
which  said  applicant  holds  a  diploma,  and  shall  keep  a  register  which  shall 
show  the  names  of  all  applicants  licensed,  or  that  are  rejected  under  this  act. 

§  4.  It  shall  be  unlawful  for  any  person  to  practise  osteopathy  in  this  state 
without  a  license  from  said  board.  All  persons  practising  osteopathy  within 
this  state  prior  to  the  passage  of  this  act  and  holding  a  diploma  from  a  legally 
authorized  college  of  osteopathy,  of  good  repute,  may  be  licensed  to  practise 

Gen.  Laws — 65 


1026  OSTEOPATHY— REGULATING    PRACTICE    OF— EXAMINATION,    ETC. 

osteopathy  in  this  state,  by  submitting  to  said  board  of  osteopathic  examiners 
such  a  diploma,  and  satisfying  such  board  that  they  are  the  legal  holders  there- 
of, or  by  undergoing  an  individual  examination  in  the  following  branches, 
to  wit:  Anatomy,  physiology,  chemistry,  histology,  pathology,  gynecology, 
obstetrics,  and  theory  and  practice  of  osteopathy,  and  such  other  branches  as 
the  board  shall  deem  advisable. 

All  persons,  after  August  first,  nineteen  hundred  and  one,  desiring  to  com- 
mence the  practice  of  osteopathy  in  this  state,  shall  apply  to  said  board  for  a 
license  to  do  so,  and  such  applicant  at  the  time  and  place  designated  by  said 
board,  or  at  a  regular  meeting  of  said  board,  shall  submit  a  diploma  from  a 
legally  incorporated  college  of  osteopathy,  recognized  by  the  board  of  exam- 
iners. Having  complied  with  the  requirements  of  this  act,  said  board  shall 
grant  a  license  to  such  applicant  to  practise  osteopathy  in  the  state  of  Cali- 
fornia, which  license  shall  be  granted  by  the  consent  of  not  less  than  three 
members  of  said  board  and  attested  by  the  seal  thereof.  For  the  support  and 
maintenance  of  said  board  the  fee  for  such  examination  and  license  shall  be 
ten  ($10)  dollars,  not  returnable,  which  shall  be  paid  in  advance  to  the  treas- 
urer of  said  board,  and  shall  be  applied  by  said  board  to  defray  all  the 
expenses  thereof. 

§  5.  The  certificate  provided  for  in  section  four  (4)  of  this  act  shall  not 
authorize  the  holder  thereof  to  prescribe  or  use  drugs,  nor  to  perform  major 
surgery. 

§  6.  The  person  receiving  said  license  shall  have  it  recorded  in  the  office 
of  the  county  clerk  of  the  county  in  which  he  or  she  intends  to  practise,  and 
the  record  shall  be  indorsed  thereon.  In  case  a  person  so  licensed  shall  remove 
to  another  county  to  practise,  the  holder  shall  record  his  license  in  like  manner 
in  the  county  to  which  he  or  she  removes. 

§  7.  Any  person  practising  osteopathy  within  the  state  without  first  having 
obtained  the  license  herein  provided  for,  or  contrary  to  the  provisions  of  this 
act,  or  who,  for  the  purpose  of  obtaining  such  license,  shall  falsely  represent 
himself  or  herself  to  be  the  holder  of  a  diploma  as  herein  provided,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  ($50)  dollars,  nor  more  than  one  hundred 
($100)  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  of  not  more 
than  ninety  days  for  each  and  every  such  offense. 

§  8.  Any  such  certificate  may  be  revoked  by  said  board  upon  satisfactory 
proof  of  fraud  or  misrepresentation  in  procuring  the  same,  or  for  any  viola- 
tion of  the  provisions  of  the  certificate,  or  any  gross  immorality  by  the  holder 
thereof. 

§  9.  The  system,  method,  and  science  of  treating  diseases  of  the  human 
body,  commonly  known  as  osteopathy,  is  hereby  declared  not  to  be  the  prac- 
tice of  medicine  or  surgery,  within  the  meaning  of  an  act  entitled  "An  act  to 
regulate  the  practice  of  medicine  in  the  state  of  California,"  approved  April 
third,  eighteen  hundred  and  seventy-six,  or  any  of  the  acts  amendatory 
thereof. 

§  10.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


OYSTERS— PLANTING    AND    CULTIVATION— PENALTY— SIGNS.  1027 

OYSTERS. 

To  encourage  the  planting  and  cultivation  of  oysters. 
(Stats.  1873-4,  940,  ch.  DCLXXI.) 

§  1.  Any  citizen  of  the  United  States  may  lay  down  and  plant  oysters  in 
any  of  the  bays,  rivers,  or  public  waters  of  this  state;  and  the  ownership  of 
and  the  exclusive  right  to  take  up  and  carry  off  the  same  shall  be  continued 
and  remain  in  such  person  or  persons  who  shall  have  laid  down  and  planted 
the  same, 

§  2.  Any  person  or  persons  who  now  have  or  who  may  hereafter  lay  down 
and  plant  oysters,  as  hereinbefore  provided,  shall  stake  or  fence  off  the  land 
on  which  the  same  is  or  hereafter  may  be  laid  down  or  planted,  and  such 
stakes  or  fences  shall  be  sufficient  marks  of  the  boundaries  and  limits,  and 
entitle  such  person  or  persons  to  the  exclusive  use  and  occupation  thereof  for 
the  purposes  prescribed  in  this  act;  provided,  that  nothing  herein  contained 
shall  be  deemed  to  authorize  any  impediments  or  obstructions  to  the  naviga- 
tion of  any  channels. 

§  3.  Parties  planting  or  laying  down  such  oj^ster  beds,  shall  record  a  full 
description  of  said  bed  or  beds,  in  the  county  recorder's  office  in  the  county 
where  the  same  is  situated.  The  recorder  shall  record  the  description  so  fur- 
nished, in  a  book  to  be  kept  by  him  for  that  purpose,  to  be  entitled  a  "Record 
of  Oyster  Beds." 

§  4.  Any  person  or  persons  who  shall  enter  upon  any  lot  of  land,  in  which 
there  shall  be  oysters  laid  down  ^nd  planted,  and  which  at  the  time  of  such 
entry,  shall  be  fenced  or  staked  off  pursuant  to  the  provisions  of  this  act,  and 
who  shall  take  up  and  carry  off  therefrom  such  oysters,  without  the  consent  or 
permission  of  the  occupants  and  owners  thereof,  and  shall  wilfully  destroy 
or  remove,  or  cause  to  be  removed  or  destroyed,  any  stakes,  marks,  or  fences 
intended  to  designate  the  boundaries  and  limits  of  any  land  claimed  and 
staked  or  fenced  off  pursuant  to  the  provisions  of  this  act,  shall  be  guilty  of 
a  misdemeanor. 

§  5.  The  penalties  of  the  Penal  Code  relative  to  misdemeanors  are  hereby 
made  applicable  to  any  violation  of  the  provisions  of  this  act. 

§  6.  All  fines  and  penalties  collected  for  a  violation  of  any  of  the  pro- 
visions of  this  act,  over  and  above  the  costs  of  suit,  shall  be  paid  into  the 
common  school  fund  of  the  county  where  the  offense  was  committed. 

§  7.  All  parties  availing  themselves  of  the  provisions  of  this  act,  shall  erect 
or  cause  to  be  erected,  on  some  conspicuous  part  of  the  grounds  devoted  to  the 
planting  of  oysters  a  sign,  not  less  than  six  feet  in  length  and  one  foot  in 
width,  on  which  shall  be  painted  in  black  letters  upon  a  white  ground  the 
words:   "Oyster  Beds." 

§  8.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act, 
and  especially  an  act  entitled  "An  act  concerning  oysters,"  passed  April 
twenty-eighth,  one  thousand  eight  hundred  and  fifty-one,  as  also  the  act 
entitled  "An  act  concerning  oyster  beds,"  approved  April  second,  one  thou- 
sand eight  hundred  and  sixty-six,  are  hereby  repealed. 


1028         PARALYTICS— PARIS     GREEN— REGULATING     SALE— AS     INSECTICIDE. 

§  9.  This  act  shall  not  apply  to  any  tide-lands  which  the  state  may  have 
sold  to  private  parties;  provided,  further,  that  nothing  herein  shall  be  so  con- 
strued as  to  interfere  with  the  right  of  the  state  to  sell  and  dispose  of  any  of 
the  tide-lands,  nor  to  affect  in  any  manner  the  rights  of  purchasers  at  any  sale 
of  tide-lands  by  the  state. 

§  10.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  KERR'S  CYC.  POL.  CODE  §  19. 

PARALYTICS. 

See  tit.  Children— Feeble-Minded. 

PARIS   GREEN. 

To  prevent  fraud  in  the  sale  of  Paris  green  used  as  an  insecticide. 
(Stats.  1901,  69,  ch.  LIII.) 

§  1.  It  shall  be  the  duty  of  each  and  every  manufacturer  of  Paris  green 
(commercial  aceto-arsenite  of  copper)  to  be  used  as  an  insecticide  within  this 
state,  and  of  every  dealer  in  original  packages  of  said  Paris  green  manufac- 
tured outside  of  this  state,  before  the  said  Paris  green  is  offered  or  exposed 
for  sale,  or  sold  within  this  state  as  an  insecticide,  to  submit  to  the  director 
of  the  California  agricultural  experiment  station  at  Berkeley,  samples  of  said 
Paris  green,  and  a  written  or  printed  statement  setting  forth :  First,  the  brands 
of  said  Paris  green  to  be  sold,  the  number  of  pounds  contained  in  each  package 
in  which  it  is  put  on  the  market  for  sale,  the  name  or  names  of  the  manufac- 
turers and  the  place  of  manufacturing  the  same;  second,  the  statement  shall 
set  forth  the  amount  of  combined  arsenic  which  the  said  Paris  green  contains, 
and  the  statement  so  furnished  shall  be  considered  as  constituting  a  guarantee 
to  the  purchaser  that  every  package  of  such  Paris  green  contains  not  less 
than  the  amount  of  combined  arsenic  set  forth  in  the  statement. 

§  2.  Every  purchaser  of  said  Paris  green  in  original  packages,  which  is 
manufactured  outside  of  this  state,  who  intends  to  sell  or  expose  the  same  for 
sale,  and  every  manufacturer  of  said  Paris  green  within  this  state,  shall,  after 
tiling  the  statement  above  provided  for,  with  the  director  of  the  California 
agricultural  experiment  station  at  Berkeley,  receive  from  the  said  director  a 
certificate  stating  that  he  has  complied  with  the  foregoing  statement,  which 
certificate  shall  be  furnished  without  charge  therefor ;  said  certificate  when 
furnished  shall  authorize  the  party  when  receiving  the  same  to  deal  in  this 
state  in  the  said  Paris  green.  Any  person  who  fails  to  comply  with  the  terms 
of  section  one  of  this  act  shall  not  be  entitled  to  such  certificate  and  shall  not 
be  entitled  to  deal  in  said  Paris  green  within  this  state.  Nothing  in  this  sec- 
tion shall  be  construed  as  applying  to  retail  dealers  selling  said  Paris  green 
which  has  already  been  labeled  and  guaranteed. 

§  3.  Paris  green,  when  sold,  offered  or  exposed  for  sale,  as  an  insecticide,  in 
this  state,  shall  contain  at  least  fifty  per  centum  of  arsenious  oxide  and  shall 
not  contain  more  than  four  per  centum  of  the  same  in  the  uncombined  state. 

§  4.  The  director  of  the  California  state  agricultural  station  at  Berkeley 
shall  examine  or  cause  to  be  examined  different  brands  of  Paris  green  sold, 
offered  or  exposed  for  sale  within  the  state,  and  cause  samples  of  the  same 


PARIS    GREEN — PUBLIC    PARKS— SACRAMENTO    PARK.  1029 

to  be  analyzed,  and  shall  report  results  of  analyses  forthwith  to  the  secretary 
of  the  state  board  of  horticulture  and  to  the  party  or  parties  submitting  said 
samples,  and  such  report  shall  be  final  as  regards  its  quality. 

§  5.  Any  person  or  persons,  firm,  association,  company  or  corporation  vio- 
lating any  of  the  provisions  of  this  act,  and  any  person  who  shall  sell  any 
package  of  Paris  green  or  any  part  thereof  which  has  not  been  labeled  as 
herein  provided,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  together  with  the  costs 
of  the  suit  in  an  action  caused  to  be  brought  by  the  state  board  of  horticulture 
through  its  secretary  in  the  name  of  the  people  of  the  state  of  California. 

§  6.  The  attorney-general  of  the  state  of  California  is  charged  with  the 
prosecution  of  all  such  suits. 

§  7.     This  act  shall  take  effect  immediately. 

PARKS— PUBLIC. 

Giving  the  consent  of  the  state  of  California  to  the  reservation  of  certain  lands 

by  Congress. 
(Stats.  1891,  107,  ch.  CVI.) 

§  1.  The  state  of  California  hereby  consents  to  the  reservations  created  by 
the  act  of  Congress,  approved  September  twenty-fifth,  eighteen  hundred  and 
ninety,  entitled  "An  act  to  set  apart  a  certain  tract  of  land  in  the  state  of 
California  as  a  public  park,"  and  the  act  of  Congress,  approved  October  first, 
eighteen  hundred  and  ninety,  entitled  "An  act  to  set  apart  certain  tracts  of 
land  in  the  state  of  California  as  forest  reservations;"  and  no  further  sales 
of  school  lands  within  the  exterior  boundaries  of  the  tracts  so  reserved,  as 
aforesaid,  shall  be  made  by  the  state. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

PARKS,  PUBLIC— SACRAMENTO. 

For  the  protection  of  the  property  at  East  Park,  in  Sacramento  County. 
(Stats.  1873-4,  465,  ch.  CCCXXI.) 

§  1.  It  shall  be  unlawful,  upon  the  grounds  known  as  East  Park,  situated 
in  the  county  of  Sacramento,  for  any  person  to  discharge  any  gun  or  pistol  or 
firearm  of  any  description,  or  to  permit  any  dog  or  dogs  of  any  description  to 
run  at  large  upon  said  grounds,  or  to  pluck,  gather,  remove,  injure,  mutilate, 
or  destroy  any  flower,  shrub,  plant,  ornamental  or  shade  tree,  or  to  kill, 
wound,  or  entrap  any  bird,  or  to  destroy  any  bird's  nest  or  remove  any  eggs  or 
young  birds  therefrom,  or  to  take,  kill,  or  destroy  any  fish  within  the  limits 
of  said  grounds,  or  to  tease  or  worry  the  animals  kept  on  the  grounds  for  the 
entertainment  of  visitors,  or  to  drive  any  carriage,  buggy,  hack,  or  wagon 
upon  or  through  any  of  the  walks  or  avenues  except  those  laid  out 
expressly  for  that  purpose,  or  to  drive  at  a  greater  rate  of  speed  than  five 
miles  per  hour  upon  any  of  the  carriageways,  excepting  upon  the  outer  avenues. 

§  2.  Any  person  violating  any  of  the  provisions  of  section  one  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor. 

S  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


1030        PUBLIC    PARKS — MANAGEMENT    OF   REDWOOD    PARK— PURCHASE    OF. 

PARKS— PUBLIC. 

Providing  for  the  creation  and  management  of  the  California  Redwood  Park^ 
making  an  ajjpropriation  therefor,  and  creating  a  board  of  five  commis- 
sioners, with  power  to  make  purchases,  and  to  manage  said  California 
Redwood  Park. 

(Stats.  1901,  517,  ch.  CLXII.) 

"Whereas,  The  redwood  forests  of  California  are  rapidly  disappearing  before 
the  demands  of  commerce  and  the  ravages  of  fire,  and  will  shortly  be  extinct 
unless  adequate  means  are  taken  for  their  perpetuation;  and 

Whereas,  These  trees  are  the  oldest  and  largest  in  the  world,  and,  being 
peculiar  to  California,  contribute  to  her  fame,  and  are  naturally  the  subject  of 
state  pride  and  protection;  therefore,  it  is  enacted  that 

§  1.  The  governor  of  the  state  of  California  and  four  other  commissioners 
appointed  by  the  governor  shall  constitute  the  California  Redwood  Park 
Commission,  whose  duty  it  shall  be  to  select  such  land  from  that  tract  of  land 
commonly  known  as  the  Big  Basin,  situate  in  Santa  Cruz  and  San  Mateo 
counties,  in  the  state  of  California,  upon  which  are  growing  trees  of  the 
species  known  as  sequoia  sempervirens,  and  which,  in  the  judgment  of  said 
commission,  is  most  suitable  for  a  park,  the  purpose  of  which  is  to  preserve 
a  body  of  these  trees  from  destruction,  and  maintain  them  for  the  honor  of  the 
state  of  California  and  for  the  benefit  of  succeeding  generations.  The  com- 
missioners appointed  by  the  governor  shall  hold  office  for  four  years.  Vacan- 
cies shall  be  filled  by  the  governor. 

§  2.  The  sum  of  two  hundred  and  fifty  thousand  dollars  ($250,000)  is  here- 
by appropriated  out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated, which  shall  be  subject  to  the  control  of  said  commission,  but  which 
shall  be  used  solely  for  the  purchase  of  land  suitable  for  the  park  herein  pro- 
vided for ;  provided,  that  the  said  sum  of  two  hundred  and  fifty  thousand  dol- 
lars shall  be  available  only  as  follows:  The  sum  of  fifty  thousand  dollars 
($50,000)  thereof  on  the  first  day  of  January,  nineteen  hundred  and  two;  the 
sum  of  fifty  thousand  dollars  ($50,000)  thereof  on  the  first  day  of  January, 
nineteen  hundred  and  three;  the  sum  of  fifty  thousand  dollars  ($50,000) 
thereof  on  the  first  day  of  January,  nineteen  hundred  and  four;  the  sum  of 
fifty  thousand  dollars  ($50,000)  thereof  on  the  first  day  of  January,  nineteen 
hundred  and  five;  and  the  remaining  fifty  thousand  dollars  ($50,000)  thereof 
on  the  first  day  of  January,  nineteen  hundred  and  six. 

§  3.  The  commission  shall  have  the  power  to  purchase  such  lands  or  any 
portion  thereof,  or  it  may  proceed  by  action  at  law  in  the  superior  court  to 
condemn  the  same  or  any  portion  thereof,  in  the  name  of  the  people  of  the 
state  of  California.  The  commission  may  also  receive  contributions  from  any 
source  for  the  purchase  of  additional  lands,  and  the  care  and  maintenance  of 
lands  and  forests  under  its  charge. 

§  4.  The  said  commissioners  shall  have  no  salary,  but  shall  have  full  power 
and  control  over  the  said  park,  and  over  the  funds  provided  for  the  purchase 
and  maintenance' of  the  same,  and  shall  make  and  enforce  all  necessary  rules 
and  regulations  for  the  care,  maintenance  and  government  of  the  same,  and 
for  carrying  out  the  purposes  of  this  act. 


PUBLIC    PARKS— PAROLE     COMMISSIONERS.  1031 

§  5.  No  payment  of  any  part  of  the  said  sum  of  two  hundred  and  fifty 
thousand  dollars  shall  be  made  until  an  abstract  or  abstracts  of  title  shall  have 
been  furnished  to  the  attorney-general  of  the  state  of  California,  showing  that 
said  lands  and  the  whole  thereof  are  free  from  any  valid  liens  or  encumbrances 
thereon;  and  it  is  hereby  made  the  duty  of  said  attorney-general  to  examine 
said  abstract  or  abstracts  of  title,  and  to  render  and  deliver  to  said  commis- 
sion his  opinion  in  w^riting,  certifying  that  no  valid  liens  or  encumbrances 
exist  thereon,  and  that  the  title  to  said  lands  and  the  whole  thereof  is  good 
and  valid.  Said  opinion  of  the  attorney-general,  together  with  said  abstract 
or  abstracts  of  title,  shall  be  filed  in  the  office  of  the  secretary  of  state. 

§  6.     This  act  shall  go  into  effect  immediately. 

See  next  succeeding  act. 

PARKS— PUBLIC. 

To  provide  for  the  preservation,  improvement  and  maintenance  of  the  "Cali- 
fornia Redwood  Park"  in  Santa  Cruz  County,  and  making  an  appropria- 
tion therefor. 

(Stats.  1903,  424,  ch.  CCC.) 

§  1.  The  sum  of  ten  thousand  (10,000)  dollars  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated,  to  be  paid  to  the 
president  and  secretary  of  the  board  of  commissioners  of  the  California  Red- 
wood Park,  for  the  care,  preservation,  maintenance  and  improvement  of  said 
park. 

§  2.  Said  board  of  commissioners  are  hereby  authorized  and  empowered  to 
expend  any  part  of  said  sum  of  ten  thousand  (10,000)  dollars  in  the  construc- 
tion of  roads  and  bridges  within  the  boundaries  of  said  park  to  connect  with 
any  road  leading  up  to  the  boundaries  of  said  park;  in  the  construction  of 
suitable  buildings  and  the  installation  of  suitable  sprinkling  plants;  and  for 
the  care  and  maintenance  of  ample  fire  trails  within  said  park ;  and  for  the 
employment  of  a  warden  and  necessary  assistants  for  the  preservation  of  said 
park,  or  for  any  or  all  of  said  purposes. 

§  3.  Said  board  of  commissioners  is  hereby  authorized  and  empowered  to 
enter  into  any  contracts  necessary  for  the  care,  maintenance  and  improvement 
of  said  park  or  to  carry  out  any  of  the  provisions  of  this  act. 

§  4.  Of  the  sum  hereby  appropriated  five  thousand  dollars  shall  be  avail- 
able on  the  first  day  of  July,  nineteen  hundred  and  three,  and  five  thousand 
dollars  shall  be  available  on  the  first  day  of  July,  nineteen  hundred  and  four. 

See   tits.   Big  Trees;  Municipal   Corporations;  Yosemite. 

PAROLE    COMMISSIONERS. 

To  establish  a  board  of  parole  commissioners  for  the  parole  of  and  government 

of  paroled  prisoners. 

(Stats.  1893,  183,  ch.  CLIII.) 

§  1.  The  state  board  of  prison  directors  of  this  state  shall  have  power  to 
establish  rules  and  regulations  under  which  any  prisoner  W'ho  is  now  or  here- 
after may  be  imprisoned  in  any  state  prison,  and  who  may  have  served  one 


1033  PAROLE     COMMISSIONERS— PEDDLERS— PENSION     CLAIMS. 

calendar  year  of  the  term  for  which  he  was  convicted,  and  who  has  not  pre- 
viously been  convicted  of  a  felony  and  served  a  term  in  a  penal  institution, 
may  be  allowed  to  go  upon  parole  outside  of  the  buildings  and  inclosures,  but 
to  remain  while  on  parole  in  the  legal  custody  and  under  the  control  of  the 
state  board  of  prison  directors,  and  subject  at  any  time  to  be  taken  back 
within  the  inclosures  of  said  prison ;  and  full  power  to  make  and  enforce  such 
rules  and  regulations  and  retake  and  imprison  any  convict  so  upon  parole  is 
hereby  conferred  upon  said  board  of  directors,  whose  written  order  certified 
by  the  president  of  said  board  shall  be  a  sufficient  warrant  for  all  officers 
named  therein  to  authorize  such  officer  to  return  to  actual  custody  any  condi- 
tionally released  or  paroled  prisoner,  and  it  is  hereby  made  the  duty  of  all 
chiefs  of  police,  marshals  of  cities  and  villages,  and  sheriffs  of  counties,  and 
all  police,  prison,  and  peace  officers  and  constables  to  execute  any  such  order 
in  like  manner  as  ordinary  criminal  process;  provided,  however,  that  no  pris- 
oner imprisoned  under  a  sentence  for  life  shall  be  paroled  until  he  shall  have 
served  at  least  seven  calendar  years. 

The  governor  of  the  state  shall  have  like  power  to  cancel  and  revoke  the 
parole  of  any  prisoner,  and  his  written  authority  shall  likewise  be  sufficient 
to  authorize  any  of  the  officers  named  therein  to  retake  and  return  said  pris- 
oner to  the  state  prison,  and  his  written  order  canceling  or  revoking  the  parole 
shall  have  the  same  force  and  effect  and  be  executed  in  like  manner  as  the 
order  of  the  state  board  of  prison  directors.  If  any  prisoner  so  paroled  shall 
leave  the  state  without  permission  from  said  board  he  shall  be  held  as  an 
escaped  prisoner  and  arrested  as  such.     [Amendment,  Stats.  1901,  82.] 

§  2.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

PAUPERS. 

See  tit.  Indigent  Persons. 

PEDDLERS. 

See  tits.  License  Tax — Itinerant  Vendors ;  County  Grovemment  Act  §  25  subd.  25. 

PENSION   CLAIMANTS. 

Authorizing  county  clerks  in  this  state  to  take  and  certify  affidavits  for  United 
States  pension  claimants,  without  the  payment  of  fees  or  compensation 
therefor. 

(Stats.  1887,  81,  ch.  LXXII.) 

§  1.  All  county  clerks  in  this  state  are  hereby  authorized  and  empowered 
to  take  and  certify  affidavits  for  United  States  pension  claimants  without 
demanding  or  receiving  any  fees  or  compensation  therefor. 

§  2.     This  act  shall  take  effect  immediately. 

PERISHABLE    PRODUCTS. 

j  See  tit.  San  Francisco  Water  Front. 

PERSONS    OF    UNSOUND    MIND. 
See  tits.  Children— Feeble-Minded ;  Insane. 


PETALUMA    CREEK— PETROLEUM    LANDS — PHARMACY.  1033 

PETALUMA— CITY. 
See  tits.  Municipal  Corporations;  Petaluma  Creek. 

PETALUMA   CREEK. 

To  authorize  the  erection  and  maintenance  of  a  drawbridge  across  Petaluma 
Creek  in  the  city  of  Petaluma. 

(Stats.  1875-6,  726,  ch.  CCCCLXXXI.) 

§  1,  The  trustees  of  the  city  of  Petaluma  are  hereby  authorized  to  erect 
and  maintain  a  drawbridge  across  Petaluma  Creek,  in  the  city  of  Petaluma, 
at  such  point  above  D  Street,  in  said  city,  as  the  said  board  may  elect.  Said 
bridge,  when  erected,  must  contain  a  draw  or  turntable,  which  shall,  when 
drawn  or  turned,  leave  a  space  not  less  than  forty  feet  for  the  passage  of  all 
vessels  navigating  said  Petaluma  Creek,  in  the  deepest  part  thereof;  provided, 
that  in  case  of  damage,  if  any,  created  by  the  erection  and  maintenance  of 
said  draw  or  turntable  bridge,  by  flowage  or  otherwise,  shall  be  paid  by  said 
city  of  Petaluma;  and  provided  further,  that  the  entire  cost  and  expense  of 
erecting  said  bridge  shall  be  paid  by  private  subscription  or  otherwise,  but  no 
part  of  the  cost  or  expense  of  said  bridge  shall  be  paid  by  or  become  a  charge 
against  the  city  of  Petaluma. 

§  2.  The  city  of  Petaluma  must  keep  the  said  bridge,  when  erected,  in 
repair  and  in  good  working  condition,  and  must  keep  a  tender  to  open  such 
bridge  for  the  passage  of  all  vessels  desiring  to  pass  the  same,  and  to  close 
the  same  when  such  vessels  have  passed.  Said  bridge  must  also  contain  guards 
to  the  approaches  at  either  end,  so  as  not  to  endanger  the  safe  passage  of 
teams  and  other  conveyances  over  the  same  when  closed,  and  must  contain 
walks  on  either  side  for  the  free  passage  of  persons  on  foot.  No  tolls  must 
ever  be  collected  of  the  owners  of  vessels  passing  through,  or  of  vehicles  pass- 
ing over  said  bridge. 

PETROLEUM   LANDS. 

See  tit.  Oil  Lands. 

PHARMACY. 

To  regulate  the  practice  of  pharmacy  and  the  sale  of  poisons  in  the  state  of 

California. 

(Stats.  1901,  299,  ch.  CXLL) 

§  1.  From  and  after  the  passage  of  this  act  it  shall  be  unlawful  for  any 
person  to  manufacture,  compound,  sell,  or  dispense  any  drug,  poison,  medicine 
or  chemical  for  medicinal  use,  or  to  dispense  or  compound  any  prescription 
of  a  medical  practitioner,  unless  such  person  be  a  registered  pharmacist  or  a 
registered  assistant  pharmacist  within  the  meaning  of  this  act,  except  as  here- 
inafter provided.  Every  store,  dispensary,  pharmacy,  laboratory  or  office  for 
the  sale,  dispensing  or  compounding  of  drugs,  medicines  or  chemicals  for 
medicinal  use,  or  for  the  dispensing  of  prescriptions  of  medical  practitioners, 
shall  be  in  charge  of  a  registered  pharmacist.  A  registered  assistant  pharma- 
cist may  be  left  in  charge  of  a  store,  dispensary,  pharmacy,  laboratory  or  office 


1034        PHARMACY— REGULATING   PRACTICE — REGISTRATION — CERTIFICATE. 

for  the  sale,  dispensing,  or  compounding  of  drugs,  medicines  or  chemicals  for 
medicinal  use  or  for  the  dispensing  of  prescriptions  of  medical  practitioners 
only  during  the  temporary  absence  of  the  registered  pharmacist.  Anj^  person 
violating  any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  liable  to  a  fine  not  exceeding 
one  hundred  (100)  dollars,  or  to  an  imprisonment  for  a  term  not  exceeding 
fifty  (50)  days,  or  to  both  such  fine  and  imprisonment. 

§  2.  Any  person  in  order  to  be  a  registered  pharmacist  must  be  a  licentiate 
in  pharmacy,  or  a  practising  pharmacist. 

§  3.  Licentiates  in  pharmacy  are  persons  who  have  had  four  years'  experi- 
ence in  stores  where  the  prescriptions  of  medical  practitioners  are  com- 
pounded, and  shall  have  passed  an  examination  before  the  state  board  of 
pharmacy,  or  who  shall  present  satisfactory  credentials  of  their  attainments 
to  the  said  board.  Practising  pharmacists  are  persons  who,  at  the  passage  of 
this  act,  are  registered  pharmacists. 

§  4.  Every  pharmacist  claiming  the  right  of  registration  under  this  act 
shall,  on  or  before  the  first  day  of  July,  next  after  its  passage,  forward  to  the 
board  of  pharmacy  satisfactory  proof  that  he  was  a  duly  registered  pharma- 
cist under  the  provisions  of  an  act  to  regulate  the  practice  of  pharmacy  or 
sale  of' poisons  in  the  state  of  California,  approved  March  eleventh,  eighteen 
hundred  and  ninety-one,  and  engaged  in  the  business  of  preparing  and  dis- 
pensing medicines  and  physicians'  prescriptions  at  the  time,  or  that  he  is 
otherwise  entitled  to  registration  under  its  provisions.  The  board  of  pharmacy 
shall  then  issue  to  said  applicant,  on  his  paying  the  sum  of  two  (2.00)  dollars, 
a  certificate  of  registration.  Any  practising  pharmacist  failing  to  comply 
with  the  requirements  of  this  section  within  sixty  days  from  and  after  the  first 
day  of  July,  nineteen  hundred  and  one,  shall  forfeit  his  right  to  registration, 
and  shall  appear  for  examination  as  provided  for  in  this  act. 

§  5.  Every  assistant  pharmacist  claiming  right  of  registration  under  this 
act,  without  passing  an  examination  by  the  board  of  pharmacy,  shall,  on  or 
before  the  first  day  of  July  next  after  the  passage,  forward  to  the  board  of 
pharmacy  satisfactory  proof  that  he  has  had  five  years'  experience  in  drug 
stores  where  physicians'  prescriptions  are  prepared.  The  board  of  pharmacy 
shall  then  issue  to  said  applicant,  upon  his  paying  the  sum  of  one  (1.00)  dol- 
lar, a  certificate  of  registration  as  assistant  pharmacist.  Any  assistant  failing 
to  comply  with  the  requirements  of  this  section  within  sixty  (60)  days  from 
and  after  the  first  day  of  July,  nineteen  hundred  and  one,  shall  forfeit  his 
right  to  registration,  without  passing  the  examination  provided  for  in  this  act. 
No  registered  assistant  shall  conduct  a  pharmacy,  or  be  granted  a  certificate 
as  registered  pharmacist,  until  he  has  passed  the  examination  for  licentiate  in 
pharmacy  as  required  by  this  act. 

§  6.  Within  thirty  (30)  days  after  the  passage  of  this  act  and  every  fourth 
year  thereafter,  the  governor  shall  appoint  seven  competent  pharmacists,  resid- 
ing in  different  parts  of  the  state,  to  serve  as  a  board  of  pharmacy.  The  mem- 
bers of  this  board  shall,  within  thirty  (30)  days  after  their  appointment, 
individually  take  and  subscribe  before  the  county  clerk,  in  the  county  in  which 
they  individually  reside,  an  oath  faithfully  and  impartially  to  discharge  the 


PHARMACY— REGULATING    PRACTICE— OPEN    BOOK    OF    REGISTRATION.        1085 

duties  prescribed  by  this  act.  They  shall  hold  office  for  the  term  of  four  (4) 
years,  and  until  their  successors  are  appointed  and  qualified.  In  case  of 
vacancy  in  the  board  of  pharmacy,  the  governor  shall  fill  the  same  by  appoint- 
ing a  member  to  serve  for  the  remainder  of  the  term  only.  The  office  of  said 
board  shall  be  located  in  San  Francisco.  The  board  shall  organize  by  electing 
a  president  and  a  secretary,  the  latter  to  be  ex  officio  treasurer  of  the  board. 
Four  members  of  the  board  shall  constitute  a  quorum.  They  shall  meet  at 
least  quarterly,  and  have  power  to  make  b}'-laws  for  the  proper  fulfilment  of 
their  duties.  The  duties  of  the  board  shall  be  to  transact  all  business  pertain- 
ing to  the  legal  regulations  of  the  practice  of  pharmacy;  to  investigate  all 
complaints  respecting  non-compliance  with  or  violations  of  the  provisions  of 
this  act,  and  to  cause  the  prosecution  of  all  persons  whenever  there  appears  to 
the  board  to  be  reasonable  grounds  for  such  action,  and  to  examine  and  regis- 
ter as  pharmacists  or  assistant  pharmacists  all  applicants  whom  it  shall  deem 
qualified  to  be  such  respectively.  All  persons  on  applying  for  examination  or 
registration  shall  pay  to  the  secretary  a  fee  of  five  (5.00)  dollars  for  licentiate 
and  two  (2.00)  dollars  for  assistants,  and  on  passing  the  examination  they 
shall  be  furnished  with  a  certificate  signed  by  the  secretary  and  examiners. 
Every  registered  pharmacist  who  desires  to  continue  the  practice  of  his  pro- 
fession in  this  state  shall  annually,  on  such  date  as  the  board  of  pharmacy 
may  determine,  pay  to  the  secretary  of  the  said  board  a  registration  fee  to  be 
fixed  by  the  board,  but  which  shall  in  no  case  exceed  the  sum  of  two  (2.00) 
dollars  per  annum,  for  which  he  shall  receive  a  renewal  of  said  registration. 
Every  registered  assistant  pharmacist  who  desires  to  continue  the  practice  of 
his  profession  in  this  state  shall,  annually,  on  such  dates  as  the  board  of  phar- 
macy may  determine,  pay  to  the  secretary  of  said  board  a  registration  fee  to 
be  fixed  by  the  board,  but  which  shall  in  no  case  exceed  the  sum  of  one  (1.00) 
dollar  per  annum,  for  which  he  shall  receive  a  renewal  of  said  registration. 
The  board  shall  render  an  annual  report  of  its  proceedings  to  the  governor  of 
the  state. 

§  7.  It  shall  be  the  duty  of  the  secretary  to  keep  a  book  of  registration 
open  at  the  city  of  San  Francisco,  of  which  due  notice  shall  be  given  through 
the  public  press,  or  by  mail,  in  which  book  shall  be  entered,  under  the  super- 
vision of  the  board,  the  names,  titles,  qualifications,  and  places  of  business  of 
all  persons  coming  under  the  provisions  of  this  act.  The  secretary  shall  give 
receipts  for  all  money  received  by  him,  and  disburse  the  same  by  order  of  the 
board  for  necessary  expenses,  taking  proper  vouchers  therefor.  The  balance 
of  said  money,  after  paying  the  expenses  of  the  board,  he  shall  pay  to  the  state 
treasurer,  who  shall  keep  it  as  a  special  fund  to  be  used  in  carrying  out  the 
provisions  of  this  act. 

§  8.  The  members  of  the  board  of  pharmacy  shall  each  be  paid  the  sum  of 
five  (5.00)  dollars  per  diem  for  every  meeting  of  the  board  which  they  attend, 
and  the  secretary  shall  receive  such  additional  compensation  as  the  board  may 
direct.  All  compensation  of  members,  and  other  expenses  of  the  board  of 
pharmacy,  shall  be  paid  out  of  the  examination  and  registration  fees  and 
fines. 

§  9.  No  person  shall  add  to  or  remove  from,  or  cause  to  be  added  to  or 
removed  from,  any  drug,  chemical,  or  medicinal  preparation  any  ingredient 


1036         PHARMACY — REGULATING    PRACTICE — LABELING    POISONS — PENALTY. 

or  material  for  the  purpose  of  adulteration  or  substitution,  or  which  shall 
deteriorate  the  quality,  commercial  value,  or  medicinal  effect,  or  alter  the 
nature  or  composition  of  such  article,  and  no  person  shall  knowingly  sell,  or 
offer  for  sale,  any  such  adulterated,  altered,  or  substituted  drug,  chemical, 
or  medicinal  preparation,  without  informing  the  purchaser  of  the  adulteration 
or  sophistication  of  the  article  sold,  or  offered  for  sale.  Every  registered  phar- 
macist shall  file,  or  cause  to  be  filed,  all  physicians'  prescriptions  compounded 
or  dispensed  in  his  pharmacy  or  store.  They  shall  be  preserved  for  two  years, 
and  he  shall  furnish  a  correct  copy  of  any  prescription  under  the  order  or 
request  of  the  attending  physician.  Any  person  who  shall  wilfully  violate 
any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  liable  to  all  costs  of  the  action,  and  for  the 
first  offense  be  liable  to  a  fine  not  exceeding  fifty  (50.00)  dollars,  and  for  each 
subsequent  offense  a  fine  of  not  less  than  fifty  (50.00)  dollars,  nor  more  than 
one  hundred  (100.00)  dollars,  said  fines  to  be  paid  over  to  the  board  of  phar- 
macy. On  written  complaint  being  entered  against  any  person  or  persons, 
charging  them  with  specific  violation  of  any  of  the  provisions  of  this  act,  the 
board  of  pharmacy  is  hereby  empowered  to  delegate  one  of  its  members,  or 
other  suitable  person,  who  shall  have  authority  to  inspect  drugs,  chemicals, 
or  medicines,  and  to  make  a  thorough  investigation  of  the  case.  He  shall 
then  report  the  result  of  his  investigations,  and  if  such  report  justifies  such 
action,  the  board  shall  duly  cause  the  prosecution  of  the  offender  as  provided 
in  this  act. 

§  10.  It  shall  be  unlawful  for  any  person  to  retail  any  poisons  enumerated 
in  schedules  "A"  and  "B,"  appended  to  this  act,  without  labeling  the  box, 
bottle,  or  paper  in  which  said  poison  is  contained,  with  the  name  of  the  article, 
the  word  "Poison,"  and  the  name  and  place  of  business  of  the  seller.  Nor 
shall  it  be  lawful  to  sell  or  deliver  any  poison  named  in  schedules  "A"  and 
"B,"  unless  on  inquiry  it  is  found  that  the  person  is  aware  of  its  poisonous 
character,  and  that  it  is  to  be  used  for  a  legitimate  purpose.  Nor  shall  it  be 
lawful  to  sell  or  deliver  any  poison  included  in  schedule  "A"  without  making, 
or  causing  to  be  made,  an  entry  in  a  book  kept  for  that  purpose  only,  stating 
the  date  of  sale,  and  the  name  and  address  of  purchaser,  the  name  and  quan- 
tity of  the  poison  sold,  the  purpose  for  which  it  is  stated  by  the  purchaser  to 
be  required,  and  the  name  of  the  dispenser,  said  book  to  always  be  open  for 
inspection  by  the  proper  authorities,  and  to  be  preserved  for  at  least  five  years. 
The  provisions  of  this  section  shall  not  apply  to  the  dispensing  of  poisons 
when  prescribed  by  practitioners  of  medicine,  nor  to  the  sale  of  poisons  if  a 
single  bottle  or  package  does  not  contain  more  than  an  ordinary  dose.  Dealers 
shall  affix  to  every  bottle,  box,  parcel,  or  other  inclosure  of  an  original  package 
containing  any  of  the  articles  named  in  schedules  "A"  and  "B"  of  this  act,  a 
suitable  label,  or  brand,  with  the  word  "Poison,"  but  they  are  hereby 
exempted  from  the  registration  of  the  sale  of  such  articles  when  sold  at  whole- 
sale, or  to  a  registered  pharmacist,  or  physician.  Any  person  failing  to  comply 
with  the  requirements  of  this  section  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  liable  to  a  fine  not  exceeding  one  hundred 
(100.00)  dollars,  or  imprisonment  for  a  term  not  exceeding  fifty  (50)  days,  or 
to  both  such  fine  and  imprisonment. 


PHARMACY— REGULATING— PRACTISING    WITHOUT    REGISTRATION.  1037 

§  11.  Any  person  who  shall  attempt  to  procure  registration  for  himself  or 
any  other  person  under  this  act  by  making  or  causing  to  be  made  any  false 
representations,  or  who  shall  fraudulently  represent  himself  to  be  registered, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
liable  to  all  costs  of  the  action  and  to  a  fine  not  exceeding  one  hundred 
(100.00)  dollars,  or  imprisonment  for  a  term  not  exceeding  fifty  (50)  days, 
or  to  both  such  fine  and  imprisonment.  Any  person  who  shall  permit  the  com- 
pounding or  dispensing  of  prescriptions  of  medical  practitioners  in  his  store 
by  persons  not  registered,  except  under  the  direct  supervision  of  a  registered 
pharmacist,  or  any  person  not  registered  who  shall  retail  medicines  or  poisons, 
or  chemicals  for  medicinal  use,  except  in  a  pharmacy  under  the  direct  super- 
vision of  a  registered  pharmacist  or  a  registered  assistant  pharmacist ;  and  any 
person  who  shall  fail  to  comply  with  the  regulations  of  this  act,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  liable  to  all  costs  of  the 
action  and  to  a  fine  not  exceeding  one  hundred  (100.00)  dollars,  or  imprison- 
ment for  a  term  not  exceeding  fifty  (50)  days,  or  to  both  such  fine  and  imprison- 
ment. All  fines  under  this  act  shall  be  paid  one  half  to  the  state  board  of  phar- 
macy and  one  half  to  the  county  in  which  the  conviction  is  obtained.  Any 
person  convicted  of  violating  this  act  a  third  time  shall  be  liable,  in  addition  to 
the  penalty  hereinbefore  mentioned,  to  have  his  registration  as  a  pharmacist  or 
assistant  pharmacist  canceled.  Nothing  in  this  act  shall  apply  to  or  interfere 
with  the  business  of  any  practitioner  of  medicine  who  does  not  keep  a  phar- 
macy, open  shop,  or  drug  store,  advertised  or  otherwise,  for  the  retailing  of 
medicine  or  poisons,  and  wherein  no  other  prescriptions  are  filled  for  regular 
practitioners,  nor  with  the  exclusive  wholesale  business  of  any  dealer,  except 
that  portion  of  section  ten  which  relates  to  marking  or  labeling  certain  poisons 
mentioned  in  this  act.  Nor  shall  general  dealers  come  under  the  provisions  of 
this  act,  in  so  far  as  it  relates  to  the  keeping  for  sale  of  proprietary  medicines 
in  original  packages.  Nor  shall  this  act  apply  to  registered  or  copyrighted 
proprietary  medicines  registered  in  the  United  States  patent  office,  nor  to  the 
manufacture  of  proprietary  remedies  or  the  sale  of  the  same  in  original  pack- 
ages by  persons  other  than  pharmacists. 

§  12.  Any  proprietor  of  a  pharmacy  who,  not  being  a  registered  pharma- 
cist, shall,  ninety  days  after  this  act  takes  effect,  fail  or  neglect  to  place  in 
charge  of  such  pharmacy  a  registered  pharmacist;  or  any  such  proprietor  who 
shall  by  himself,  or  any  other  person,  permit  the  compounding  or  dispensing 
of  prescriptions,  or  the  vending  of  drugs,  medicines,  or  poisons,  in  his  store  or 
place  of  business,  except  by  or  in  the  presence  and  under  the  supervision  of  a 
registered  pharmacist;  or  any  person,  not  being  a  registered  pharmacist,  who 
shall  take  charge  of  or  act  as  manager  of  such  pharmacy  or  store,  or  who,  not 
being  a  registered  pharmacist,  shall  retail,  compound,  or  dispense  drugs,  medi- 
cines, or  poisons ;  or  any  person  violating  any  of  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  liable 
to  all  costs  of  the  action  and  to  a  fine  not  exceeding  one  hundred  (100.00) 
dollars  or  imprisonment  for  a  term  not  exceeding  fifty  (50)  days,  or  to  both 
such  fine  and  imprisonment. 

§  13.  All  persons  registered  under  this  act  shall  be  exempt  and  free  from 
jury  duty. 


1038         PHARMACY — REGULATING    PRACTICE    OF — SCHEDULES    OF    POISONS. 

Schedule  "A." 

Arsenic,  corrosive  sublimate,  cyanide  of  potassium,  hydrocyanic  acid,  wood 
alcohol,  strychnia,  cocaine,  and  all  other  poisonous  vegetable  alkaloids  and  their 
salts,  opium  and  all  its  preparations,  except  those  which  contain  less  than  two 
grains  to  the  ounce. 

Schedule   ''B." 

Aconite,  belladonna,  colchicum,  conium,  nux  vomica,  savin,  cantharides, 
phosphorus,  digitalis,  and  their  pharmaceutical  preparations,  croton  oil, 
chloral,  sulphate  of  zinc,  sugar  of  lead,  mineral  acids,  carbolic  acid,  oxalic 
acid,  white  precipitate,  red  precipitate,  biniodide  of  mercury,  essential  oil  of 
almonds;  and  all  medicines  or  preparations,  secret  or  proprietary,  of  whatso- 
ever kind  or  nature,  that  are  intended  to  cause  abortion  or  miscarriage. 

§  14.  An  act  entitled  "An  act  to  regulate  the  practice  of  pharmacy  and  sale 
of  poisons  in  the  state  of  California,"  approved  March  eleventh,  eighteen  hun- 
dred and  ninety-one,  and  all  parts  of  acts  in  conflict  with  this  act,  are  hereby 
repealed. 

§  15.     This  act  shall  take  effect  immediately. 

See  tits.   Paris  Green;   Poisons.  see    next    following    statute,    which    to    some 
Tlie  particular  legrislation   on  this   subject  extent    at    least     seems    designed    to    super- 
has    been:     Stats.    1880,    102,    ch.    XCIV,    re-  sede  previous  legislation. 

lating    to    sale    of    poisons;    Stats.    1891,    86,  Stats.  1880,  102j  1891,  86. — Ex  parte  Hong 

ch.    LXXXV,    to    regulate    the    practice    of  Shen.  98  Cal.  683,  33  Pac.  Rep.  799. 

pharmacy     and    sale    of    poisons,    amended  See     tit.     License     Tax  —  Itinerant     Ven- 

1893,  68,  ch.  LVII.  dors. 

The    foregoing    Act    of    1891    repealed    all  As  to  ex-Union   soldiers  and   marines,   see 

laws   in   conflict   therewith,   and    the   present  tit.  County  Government  §  25  subd.  25. 
act  specifically  repeals  the  Act  of  1891.    But 

PHARMACY— REGULATING. 

To  regulate  the  practice  of  pharmacy  in  the  state  of  California. 

(Stats.  1905,  535,  ch.  CD VI.) 

§  1.  From  and  after  the  passage  of  this  act  it  shall  be  unlawful  for  any 
person  to  manufacture,  compound,  sell,  or  dispense  any  drug,  poison,  medi- 
cine or  chemical,  or  to  dispense  or  compound  any  prescription  of  a  medical 
practitioner,  unless  such  person  be  a  registered  pharmacist  or  a  registered 
assistant  pharmacist  within  the  meaning  of  this  act,  except  as  hereinafter  pro- 
vided. Every  store,  dispensary,  pharmacy,  laboratory  or  office  for  the  sale, 
dispensing  or  compounding  of  drugs,  medicines  or  chemicals,  or  for  the  dis- 
pensing of  prescriptions  of  medical  practitioners,  shall  be  in  charge  of  a  regis- 
tered pharmacist.  A  registered  assistant  pharmacist  may  be  left  in  charge 
of  a  store,  dispensary,  pharmacy,  laboratory  or  office  for  the  sale,  dispensing, 
or  compoundiftg  of  drugs,  medicines  or  chemicals  or  for  the  dispensing  of  pre- 
scriptions of  medical  practitioner-s  only  during  the  temporary  absence  of  the 
registered  pharmacist.  Temporary  absence  within  the  meaning  of  this  act 
shall  be  held  to  be  only  those  unavoidable  absences  which  may  occur  during  a 
day's  work,  and  when  the  registered  pharmacist  in  charge  shall  be  within 
immediate  call,  ready  and  abie  to  assume  the  direct  supervision  of  said  phar- 
macy. No  registered  assistant  shall  conduct  a  pharmacy.  Every  store  or 
shop  where  drugs,  medicines  or  chemicals  are  dispensed  or  sold  at  retail,  or 
displayed  for  sale  at  retail,  or  where  prescriptions  are  compounded,  which  has 


PHAR3IACY— REGULATING    PRACTICE    OP— LICENTIATES    DEFINED.  1030 

upon  it  or  in  it  as  a  sign,  the  words  "pharmacist,"  "pharmaceutical  chemist," 
"apothecary,"  "druggist,"  "pharmacy,"  "drug  store,"  "drugs,"  or  any  of 
these  words,  or  the  characteristic  show  bottles  or  globes,  either  colored  or  filled 
with  colored  liquids,  shall  be  deemed  a  "pharmacy"  within  the  meaning  of 
this  act, 

§  2.  Any  person  in  order  to  be  a  registered  pharmacist  must  be  a  licentiate 
in  pharmacy,  or  a  practising  pharmacist. 

§  3.  Licentiates  in  pharmacy  are  persons  who  have  had  five  years'  experi- 
ence in  stores  where  the  prescriptions  of  medical  practitioners  are  com- 
pounded, and  shall  have  passed  an  examination  before  the  state  board  of 
pharmacy,  or  who  shall  present  satisfactory  evidence  to  the  said  board  that 
they  have  had  twenty  years'  actual  experience  in  the  practice  of  pharmacy; 
provided,  that  graduates  from  a  reputable  college  of  pharmacy  may  be  regis- 
tered after  eighteen  years  of  like  experience.  Practising  pharmacists  are  per- 
sons -who,  at  the  passage  of  this  act,  are  registered  as  such,  and  who  shall  have 
on  or  before  the  first  day  of  January  next  succeeding  the  passage  of  this  act 
paid  to  the  board  of  pharmacy  of  this  state  all  moneys  due  for  renewal  of 
registration  as  required  by  the  acts  of  the  legislature  regulating  the  practice 
of  pharmacy  in  the  state  of  California,  approved  March  eleventh,  eighteen 
hundred  and  ninety-one,  and  March  fifteenth,  nineteen  hundred  and  one. 

§  4.  Registered  assistant  pharmacists  are  persons  who  at  the  time  of  the 
passage  of  this  act  are  already  registered  as  such,  and  who  shall  have  on  or 
before  the  first  day  of  January  next  succeeding  the  passage  of  this  act  paid 
to  the  board  of  pharmacy  of  this  state  all  moneys  due  for  renewal  of  regis- 
tration as  required  by  the  acts  of  the  legislature  regulating  the  practice  of 
pharmacy  in  the  state  of  California,  approved  March  eleventh,  eighteen  hun- 
dred and  ninety-one,  and  March  fifteenth,  nineteen  hundred  and  one;  pro- 
vided, that  no  person  shall  be  examined  or  registered  as  a  licentiate,  unless 
such  person  has  had  five  years'  pharmaceutical  experience  in  a  pharmacy 
under  the  supervision  of  a  registered  pharmacist ;  and  provided  further,  that 
no  person  shall  be  examined  or  registered  as  an  assistant  pharmacist  from  and 
after  the  passage  of  this  act ;  unless  such  person  shall  be  not  less  than  eighteen 
years  of  age  and  has  not  less  than  three  yeai's'  instruction  and  experience 
in  a  pharmacy,  under  a  registered  pharmacist;  or  has  been  registered  as  an 
apprentice  as  provided  in  section  fifteen  of  this  act  for  not  less  than  three 
years;  and,  provided  further,  that  an  applicant  for  registration  as  an  assist- 
ant pharmacist  must  first  pass  a  satisfactory  examination  before  the  board  of 
pharmacy. 

§  5.  The  governor  shall  appoint  seven  competent  registered  pharmacists, 
residing  in  different  parts  of  the  state,  to  serve  as  a  board  of  pharmacy.  The 
members  of  the  board  shall,  within  thirty  (30)  days  after  their  appointment, 
individually  take  and  subscribe  before  the  county  clerk,  in  the  county  in 
which  they  individually  reside,  an  oath  faithfully  and  impartially  to  discharge 
the  duties  prescribed  by  this  act.  They  shall  hold  office  for  the  term  of  four 
(4)  years,  and  until  their  successors  are  appointed  and  have  qualified.  In 
case  of  vacancy  in  the  board  of  pharmacy,  the  governor  shall  fill  the  same 
by  appointing  a  member  to  serve  for  the  remainder  of  the  term  only.     The 


1040  PHARMACY— REGULATING    PRACTICE    OF— BOARD     OF    PHARMACY. 

office  of  the  board  shall  be  located  in  San  Francisco.  The  board  shall  organize 
by  electing  a  president,  a  secretary,  and  a  treasurer.  The  secretary  may  or 
may  not  be  a  member  of  the  board  as  the  board  in  its  sound  discretion  shall 
determine.  The  secretary  and  treasurer  shall  each  give  a  satisfactory  bond 
running  to  the  board  of  pharmacy  in  a  sum  of  not  less  than  two  thousand 
dollars,  and  such  greater  sum  as  the  board  may  from  time  to  time  require 
for  the  faithful  discharge  of  their  respective  duties. 

§  6.  It  shall  be  the  duty  of  the  secretary  to  keep  a  book  of  registration 
open  at  the  city  of  San  Francisco,  in  w^hich  shall  be  entered  under  the  super- 
vision of  the  board,  the  names,  titles,  qualifications,  and  places  of  business 
of  all  persons  coming  under  the  provisions  of  this  act.  The  secretary  shall 
give  receipts  for  all  moneys  received  by  him  and  pay  the  same  to  the  treasurer 
of  the  board,  taking  his  receipt  for  the  same.  The  treasurer  shall  disburse 
the  same  by  order  of  the  board  for  necessary  expenses,  taking  proper  vouchers 
therefor.  The  balance  of  said  money,  after  paying  the  expenses  of  the  board, 
he  shall  pay  to  the  state  treasurer,  v^^ho  shall  keep  it  in  a  special  fund  to  be 
used  in  carrying  out  the  provisions  of  this  act.  It  shall  be  the  duty  of  the 
secretary  of  the  board  to  erase  from  the  register  the  name  of  any  registered 
pharmacist  or  assistant  pharmacist  w^ho  has  died,  or  who  in  the  opinion  of  the 
board  has  forfeited  his  right  under  the  law  to  do  business  in  this  state.  Beside 
the  duties  required  by  this  act,  it  shall  be  the  duty  of  the  secretary  to  per- 
form such  other  reasonable  duties  appertaining  to  his  office,  as  may  be  re- 
quired of  him  by  the  board  of  pharmacy.  The  secretary  shall  receive  such 
compensation  as  may  be  fixed  by  the  board  of  pharmacy,  if  he  be  a  member 
of  the  board,  then  such  compensation  shall  be  in  addition  to  his  per  diem  as 
a  member  of  said  board. 

§  7.  Four  members  of  the  board  shall  constitute  a  quorum.  They  shall 
meet  at  least  quarterly. 

Subdivision  1.     The  state  board  of  pharmacy  shall  have  power: 

(a)  To  make  such  by-laws  and  regulations,  not  inconsistent  with  the  laws 
of  this  state,  as  may  be  necessary  for  the  protection  of  the  public,  appertain- 
ing to  the  practice  of  pharmacy  and  the  lawful  performance  of  its  duties. 

(b)  To  regulate  the  practice  of  pharmacy. 

(c)  To  regulate  the  sale  of  poisons. 

(d)  To  regulate  the  quality  of  all  pharmaceutical  preparations  and  med- 
icines dispensed  or  sold  in  this  state,  using  the  United  States  Pharmacopoeia 
as  the  standard. 

(e)  To  investigate  all  complaints  as  to  the  quality  and  strength  of  all 
pharmaceutical  preparations  and  medicines,  and  to  take  such  action  as  may  be 
necessary  to  prevent  the  sale  of  such  as  do  not  conform  to  the  standard  and 
tests  prescribed  in  the  latest  edition  of  the  United  States  Pharmacopoeia. 

(f )  To  employ  inspectors  of  pharmacy,  and  to  inspect  during  business  hours 
all  pharmacies,  dispensaries,  stores  or  places  in  which  drugs,  medicines  and 
poisons  are  compounded,  dispensed  or  retailed,  and  to  cause  the  prosecution 
of  all  persons  whenever  there  appears  to  the  board  to  be  reasonable  grounds 
for  such  action. 

(g)  To   examine   and   register   as   pharmacists   and   assistant   pharmacists 


PHARMACY— REGULATING    PRACTICE    OF— PHARMACY    BOARD — FEES.         1041 

all  applicants  whom  it  shall  deem  qualified  to  be  such.  All  persons  apply- 
ing for  registration,  under  this  act,  shall  pay  the  following  fees  therefor  to 
the  secretary  of  the  board  of  pharmacy:  Applicants  for  registration  on  ex- 
perience and  credentials,  upon  being  registered  as  such,  twenty  dollars;  for 
examination  as  licentiate,  whether  the  applicant  is  successful  or  not,  five 
dollars;  for  assistants  applying  for  a  licentiate's  certificate  under  section 
four  of  this  act,  five  dollars.  If  registration  be  granted,  each  of  such  persons 
shall  be  furnished  with  a  certificate  of  registration,  signed  by  the  secretary, 
and  the  members  of  the  board. 

§  8.  No  member  of  the  board  shall  teach  pharmacy  in  any  of  its  branches, 
unless  it  be  as  a  teacher  in  a  public  capacity  and  in  a  college  of  pharmacy. 
The  members  of  the  board  of  pharmacy  shall  each  be  paid  the  sum  of  eight 
dollars  per  diem  for  every  meeting  of  the  board  which  they  attend,  together 
with  their  necessary  expenses,  and  mileage  at  the  rate  of  five  cents  per  mile 
for  each  mile  necessarily  traveled.  All  compensation  of  members  and  all 
other  expenses  of  the  board,  shall  be  paid  out  of  the  examination  and  regis- 
tration fees  and  fines. 

§  9.  Every  registered  pharmacist,  and  every  assistant  pharmacist,  who 
desires  to  retain  his  registration  on  the  books  of  the  board  of  pharmacy  in 
this  state,  shall  annually,  after  the  expiration  of  the  first  year's  registration 
and  on  or  before  the  first  day  of  July  of  each  succeeding  year,  pay  to  the 
secretary  of  the  board  of  pharmacy,  a  renewal  fee,  to  be  fixed  by  the  board, 
which  shall  not  exceed  two  dollars  for  registered  pharmacists,  and  one  dollar 
for  assistant  pharmacists,  in  return  for  which  fee  a  renewal  certificate  of 
registration  shall  be  issued.  In  case  any  person  defaults  in  the  payment  of 
said  fee,  his  registration  may  be  revoked  by  the  board  of  pharmacy  on  sixty 
days'  notice,  in  writing  from  the  secretary,  unless  within  said  time  the  fee 
is  paid,  together  with  such  penalty  not  exceeding  ten  dollars,  as  the  board 
may  impose.  Upon  payment  of  said  fee  and  penalty,  the  board  must  reinstate 
the  delinquent's  registration.  No»  person  having  received,  or  who  may  here- 
after receive  a  certificate  of  'registration  as  a  pharmacist  or  assistant  phar- 
macist, shall  engage  iii  business  as  a  pharmacist  or  assistant  pharmacist,  in 
any  county  of  this  state  in  which  he  shall  locate,  or  into  which  he  shall  after- 
ward remove,  until  he  shall  have  had  such  certificate  recorded  in  the  office 
of  the  county  clerk  of  such  county,  and  it  is  hereby  made  the  duty  of  the 
county  clerk  to  record  such  certificate  in  a  book  to  be  provided  and  kept  for 
that  purpose,  and  the  county  clerk  is  authorized  to  charge  a  fee  of  fifty  cents 
for  the  recording  of  such  certificate — to  be  paid  by  the  person  offering  such 
certificate  for  record.  Every  pharmacist  or  assistant  pharmacist  holding  a 
certificate  of  registration  as  a  pharmacist,  or  assistant  pharmacist,  and  being 
engaged  in  business  as  a  pharmacist,  or  assistant  pharmacist,  shall  have 
such  certificate  recorded,  as  is  in  this  section  provided,  within  thirty  days  after 
the  taking  effect  of  this  act.  The  record  of  the  certificate  required  by  this 
section,  or  a  certified  copy  thereof,  shall  be  evidence  in  all  courts  that  the 
person  holding  it  was  registered  as  evidenced  by  said  certificate  on  the  date 
of  the  same.  Any  registered  pharmacist  or  assistant  pharmacist  failing  to 
comply  with  the  foregoing  provisions  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  not  less  than  five  dollars 

Gen.   Laws — 66 


1042  PHARMACY — REGULATING    PRACTICE    OF— CERTIFICATE,    POSTING. 

nor  more  than  twenty-five  dollars.  Upon  the  certificate  being  recorded,  as 
herein  provided,  it  shall  be  the  duty  of  the  county  clerk  to  notify  the  secre- 
tary of  the  board  of  pharmacy  of  the  name  of  the  party  and  the  date  of  such 
record. 

§  10.  Every  person  upon  receiving  a  certificate  of  registration  under  this 
act,  or  who  has  heretofore  received  a  certificate  of  registration  in  this  state, 
shall  keep  his  last  receipt  for  reregistration  conspicuously  exposed  in  his 
place  of  business.  Every  registered  pharmacist,  and  assistant  pharmacist, 
shall  within  thirty  days  after  the  changing  of  his  place  of  business  as  desig- 
nated on  the  books  of  the  board  of  pharmacy,  notify  the  secretary  of  the 
board  of  his  new  place  of  business,  and  upon  receipt  of  said  notification,  the 
secretary  shall  make  the  necessary  change  in  his  register. 

§  11.  Every  proprietor  or  manager  of  a  pharmacy  or  drug  store  shall  be 
held  responsible  for  the  quality  of  all  drugs,  chemicals  and  medicines  sold 
or  dispensed  by  him,  except  those  sold  in  the  original  package  of  the  manu- 
facturer, and  except  those  articles  or  preparations  known  as  patent  or  pro- 
prietary medicines.  Any  person  who  shall  knowingly,  wilfully,  or  fraudulently, 
falsify,  or  adulterate  or  cause  to  be  falsified  or  adulterated,  any  drug  or 
medicinal  substance,  or  any  preparation  authorized  or  recognized  by  the 
Pharmacopoeia  of  the  United  States,  or  used,  or  intended  to  be  used  in  med- 
ical practice,  or  shall  mix,  or  cause  to  be  mixed,  with  any  such  drug  or  medici- 
nal substance,  any  foreign  or  inert  substance  whatever,  for  the  purpose 
of  destroying  or  weakening  its  medicinal  power  and  effect,  or  of  lessening  its 
cost,  and  shall  wilfully,  knowingly,  or  fraudulently  sell  the  same,  or  cause 
it  to  be  sold,  for  medicinal  purposes,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty 
dollars,  and  not  more  than  two  hundred  dollars,  or  by  imprisonment  for  not 
less  than  fifty  days  and  not  more  than  two  hundred  days,  or  by  both  such 
fine  and  imprisonment.  Every  registered  pharmacist  shall  file,  or  cause  to 
be  filed,  all  physicians'  prescriptions,  or  a  copy  thereof,  compounded  or  dis- 
pensed in  his  pharmacy  or  store.  They  shall  be  preserved  for  at  least  two 
years,  and  he  shall  furnish  a  correct  copy  of  any  prescription,  only  under 
the  order  or  request  of  the  physician  writing  the  same.  Any  person  who  shall 
wilfully  violate  any  of  these  provisions  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  liable  to  a  fine  not  exceeding  fifty  dollars; 
and  for  each  subsequent  offense  shall  be  liable  to  a  fine  of  not  less  than  fifty 
dollars  and  not  more  than  one  hundred  dollars.  The  state  board  of  pharmacy 
may  at  any  time  when  in  their  judgment  it  appears  advisable,  deputize  one  of 
their  members,  or  any  other  competent  person  to  investigate  any  suspected 
violation  of  any  of  the  provisions  of  this  act  and  if  the  result  of  such  investi- 
gation seems  to  the  board  to  justify  such  action,  the  board  shall  cause  the 
prosecution  of  any  person  violating  any  of  the  provisions  of  this  act. 

§  12.  Any  person  who  shall  attempt  to  procure  registration  for  himself  or 
any  other  person  under  this  act  by  making  or  causing  to  be  made  any  false 
representations,  or  who  shall  fraudulently  represent  himself  to  be  registered, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  liable  to  punishment  by  a  fine  not  exceeding  one  hundred  dollars,  or  by 
imprisonment  for  a  term  not  exceeding  fifty  days,  or  by  both  such  fine  and 


PHARMACY— REGULATING   PRACTICE   OF— PROPRIETOR   NOT   PHARMACIST.      1043 

imprisonment.  Any  person  who  shall  permit  the  compounding  or  dispensing 
of  prescriptions  of  medical  practitioners,  or  the  selling  of  drugs  and  medicines, 
in  his  store  or  pharmacy  by  persons  not  registered,  except  under  the  direct 
supervision  of  a  registered  pharmacist,  or  any  person  not  registered  who  shall 
retail  medicines  or  poisons  or  chemicals,  except  in  a  pharmacy  under  the  direct 
supervision  of  a  registered  pharmacist,  or  any  person  violating  any  of  the 
provisions  of  this  act,  when  no  other  penalty  is  provided,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  liable  to  pun- 
ishment by  a  fine  not  less  than  twenty  dollars,  and  not  more  than  one  hun- 
dred dollars,  or  by  imprisonment  for  a  term  not  exceeding  fifty  days,  or  by 
both  such  fine  and  imprisonment.  All  fines  recovered  under  this  act  shall 
be  paid  by  the  magistrate  receiving  the  same  to  the  state  board  of  pharmacy. 
Any  person  convicted  of  violating  the  provisions  of  this  act  a  third  time,  shall 
in  addition  to  the  penalties  hereinbefore  mentioned  have  his  registration  as  a 
pharmacist  canceled.  Nothing  in  this  act  shall  apply  to  or  interfere  with  any 
practitioner  of  medicine,  who  is  duly  registered  as  such  by  the  state  board 
of  medical  examiners  of  this  state,  with  supplying  his  own  patients,  as  their 
physician,  and  by  them  employed  as  such,  with  such  remedies  as  he  may 
desire,  and  who  does  not  keep  a  pharmacy,  open  shop,  or  drug  store,  advertised 
or  otherwise,  for  the  retailing  of  medicines  or  poisons,  nor  does  this  act  apply 
to  the  exclusively  wholesale  business  of  any  dealer,  nor  do  general  dealers 
come  under  the  provisions  of  this  act,  in  and  so  far  as  it  relates  to  the  keeping 
for  sale  of  proprietary  medicines,  in  original  packages.  Nor  does  this  act 
apply  to  registered  or  copyrighted  proprietary  medicines  registered  in  the 
United  States  patent  office,  nor  to  the  manufacture  of  proprietary  remedies 
or  the  sale  of  the  same  in  original  packages,  by  persons  other  than  pharmacists. 

§  13.  Any  proprietor  of  a  pharmacy,  who  not  being  a  registered  pharmacist, 
shall  fail  or  neglect  to  place  in  charge  of  such  pharmacy  a  registered  phar- 
macist, or  any  such  proprietor  who  shall  hy  himself,  or  any  other  person, 
permit  the  compounding  or  dispensing  of  prescriptions,  or  the  vending  of 
drugs,  medicines,  or  poisons,  in  his  store  or  place  of  business,  except  by  or  in 
the  presence  and  under  the  direct  supervision  of  a  registered  pharmacist,  or 
any  person,  not  being  a  registered  pharmacist,  who  shall  take  charge  of  or 
act  as  manager  of  such  pharmacy,  or  store,  or  who,  not  being  a  registered 
pharmacist,  retails,  compounds,  or  dispenses  drugs,  medicines,  or  poisons,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  liable  to  a 
fine  of  not  less  than  twenty  dollars,  and  not  more  than  one  hundred  dollars, 
or  by  imprisonment  for  a  term  not  exceeding  fifty  days,  or  to  both  such  fine 
and  imprisonment. 

§  14.  Any  member  of  the  board  of  pharmacy  may  examine  applicants 
orally  or  in  writing,  and  issue  a  temporary  certificate  to  practise  pharmacy, 
which  shall  authorize  such  practice  and  be  valid,  not  to  exceed  three  months 
from  its  date.  Only  one  temporary  certificate  shall  ever  be  issued  to  the  same 
applicant,  and  no  temporary  certificate  .shall  be  granted  to  any  person  whoi^e 
application  has  been  acted  upon  by  the  board.  The  member  conducting  such 
examination  as  herein  set  forth,  shall  be  entitled  to  charge  and  receive  the 
sum  of  three  dollars  for  his  services,  said  moneys  to  be  paid  to  the  secretary 
for  the  board  of  pharmacy. 


i044        PHARMACY— REGULATING    PRACTICE — PERMIT    IN    RURAL,    DISTRICTS. 

§  15.  It  shall  be  the  duty  of  all  registered  pharmacists  who  take  into  their 
employment  an  apprentice,  whose  purpose  is  to  become  a  pharmacist,  to  re- 
port to  the  board  of  pharmacy  such  facts  regarding  his  schooling  and  pre- 
liminary qualifications  as  the  board  of  pharmacy  may  require,  for  the  pur- 
pose of  registration  as  an  apprentice.  The  board  of  pharmacy  shall  adopt 
a  standard  of  qualifications  regarding  schooling  and  preliminary  education 
for  all  persons  desiring  to  be  regarded  as  apprentices,  as  provided  for  in  this 
section.  The  pharmaceutical  experience  of  every  apprentice  shall,  after  the 
passage  of  this  act,  be  deemed  to  begin  on  the  date  on  which  he  began  the 
study  of  pharmacy,  and  such  date  shall  be  inserted  in  the  certificate  of  regis- 
tration of  said  apprentice,  provided  the  preliminary  qualifications  have  been 
found  satisfactory  by  the  board.  Sworn  testimony  shall  be  furnished  the 
board  upon  which  they  shall  determine  the  date  as  aforesaid.  The  date  so 
determined  and  entered  as  aforesaid,  shall  be  deemed  to  be  the  beginning 
of  the  applicant's  pharmaceutical  experience  for  the  purposes  of  this  act; 
provided,  that  students  matriculated  and  attending  any  reputable  college  of 
pharmacy,  shall  be  registered  as  apprentices,  upon  such  fact  being  shown. 
The  board  of  pharmacy  shall  keep  a  register  for  the  registration  of  appren- 
tices and  furnish  on  application  proper  blanks  for  this  purpose.  No  appren- 
tice shall  be  permitted  to  sell  drugs,  or  medicines,  or  compound  prescriptions, 
except  under  the  direct,  immediate,  and  personal  supervision  of  a  registered 
pharmacist.  No  registered  apprentice  shall  ever  be  left  in  charge  of  a  phar-  ■ 
macy. 

§  16.  The  board  of  pharmacy  may  in  its  discretion  issue  a  permit  to  gen- 
eral dealers  in  rural  districts,  in  which  the  conditions,  in  their  judgment,  do 
not  justify  the  employment  of  a  registered  pharmacist,  and  where  the  store  of 
such  general  dealer  is  not  less  than  five  miles  distant  from  the  store  of  a  reg- 
istered pharmacist ;  which  said  permit  shall  authorize  the  person  or  firm  named 
therein  to  sell  such  ordinary  drugs  and  ordinary  household  remedies,  and  in 
such  manner  and  form,  as  the  board  may  from  time  to  time  specify,  in  said 
district  but  not  elsewhere,  under  such  regulations  and  restrictions  as  said  board 
may  from  time  to  time  adopt.  The  board  shall  charge  an  annual  fee  of  twelve 
dollars,  in  advance,  for  such  permit,  and  it  shall  be  unlawful  for  any  dealer 
to  sell  any  drugs  or  ordinary  household  remedies,  without  complying  with 
the  requirements  of  this  section.  Whenever  a  registered  pharmacist  shall 
establish  a  pharmacy  within  five  miles,  by  the  shortest  road,  from  the  place  of 
business  of  such  general  dealer,  no  further  license  shall  be  granted,  and  the 
license  already  issued  shall  become  void;  and  the  board  shall  refund  to  said' 
general  dealer  the  proper  proportion  of  the  unexpired  license  fee  paid  to  the 
board  of  pharmacy. 

§  17.  It  shall  be  the  duty  of  the  board  of  pharmacy,  by  resolution,  at  least 
annually  to  request  of  the  chief  of  police  or  marshal  of  every  incorporated 
city  in  this  state,  a  list  of  all  drug  stores,  together  with  the  names  of  the 
owners,  managers,  and  all  employees  in  said  stores,  and  a  brief  statement  of 
the  capacity  in  which  said  persons  are  employed  in  said  stores.  Upon  such 
request  in  writing,  it  shall  be  the  duty  of  the  chief  of  police  or  marshal  of 
said  city,  to  require  the  patrolmen  under  his  command,  upon  their  respective 
beats,  to  obtain  such  list  as  is  in  this  section  specified,  and  deliver  the  same 


PHARMACISTS — PHYSICIANS— PILOTS   AT    SAN    DIEGO.  1(M5 

to  the  board  of  pharmacy.  It  shall  be  the  duty  of  the  owner  or  manager  of 
any  drug  store  when  called  upon  by  an  officer  as  above  set  forth,  or  by  a  mem- 
ber of  the  board  of  pharmacy,  to  furnish  said  officer  or  member  of  the  board 
of  pharmacy  with  the  information  required.  Any  person  refusing  to  furnish 
information,  or  wilfully  furnishing  information  that  is  false  and  untrue,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  and  not  more  than  twent}' 
dollars,  or  by  imprisonment  for  not  less  than  ten  days,  and  not  more  than 
tw^enty  days,  or  by  both  such  fine  and  imprisonment. 

§  18.  The  several  penalties  prescribed  in  this  act  may  be  recovered  in  any 
court  having  jurisdiction,  by  a  civil  action  instituted  by  the  board  of  pharmacy, 
in  the  name  of  the  state  of  California,  or  by  criminal  prosecution  upon  com- 
plaint being  made;  and  it  shall  be  the  duty  of  the  district  attorney  of  the 
county  wherein  violations  of  the  provisions  of  this  act  occur,  to  conduct  all  such 
actions  and  prosecutions  at  the  request  of  the  board. 

§  19,  All  persons  registered  under  this  act  shall  be  exempt  and  free  from 
jury  duty. 

§  20.  This  act  shall  take  effect  July  one,  nineteen  hundred  and  five,  and  all 
laws  in  conflict  with  this  act  (in  and  so  far  as  they  conflict)  are  hereby  repealed. 

The  foregoing  statute  does  not  appear  to  repeal  in  some  particulars  the  last  pre- 
ceding statute   of  1901. 

PHYSICIANS. 

See  tits.  Medicines;  Optometry;   Osteopathy;   Pharmacy. 

PIERS,  CHUTES  AND  WHARVES. 

See  tits.  Corporations;  Franchises. 

PIGEONS— HOMING. 

See  tit.  Antwerp  Messengers. 

And  see  note  "Shooting  from  traps,"   under  tit.  Anlmoltt — Cruelty  to. 

PILOTS— SAN  DIEGO. 

To  establish  pilots  and  pilot  regulations  for  the  port  of  San  Diego. 
(Stats.  1871-2,  650,  ch.  CCCCXXXV.) 

§  1.  It  shall  be  the  duty  of  the  governor  to  appoint  one  citizen,  resident 
of  San  Diego,  as  pilot  commissioner.  The  president  of  the  board  of  trustees 
and  the  president  of  the  chamber  of  commerce  of  said  city  shall  be  ex  officio 
pilot  commissioners.  The  three  persons  named  shall  constitute  a  board  of  pilot 
commissioners,  with  the  powers  and  duties  as  hereinafter  provided. 

§  2.  Each  commissioner  shall,  before  entering  upon  his  official  duties,  take 
the  following  oath  or  affirmation,  which  shall  be  indorsed  on  his  commission, 
and  shall  be  signed  by  him  and  certified  by  the  county  judge  of  the  county  of 
San  Diego:  "I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution  of  the  state 
of  California,  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of 


1046        PILOTS   AT  SAN  DIEGO— PILOT   COMMISSIONERS— POWERS   AND   DUTIES. 

pilot  commissioner,  without  fear,  favor,  or  affection,  according  to  the  best  of 
my  ability." 

§  3.  The  board  of  pilot  commissioners  shall  hold  their  offices  during  the 
pleasure  of  the  power  appointing  them,  not  exceeding  four  years. 

§  4.  The  board  of  pilot  commissioners  shall  meet  at  least  once  in  each 
}nonth.  They  shall  elect  one  of  their  number  president,  who  shall  be  author- 
ized to  administer  oaths,  and  under  his  hand  and  private  seal  to  issue  sub- 
poenas for  the  attendance  of  witnesses  in  all  cases  arising  before  the  board 
under  this  act.  A  witness  disobeying  such  subpoena  shall  forfeit  and  pay  a 
sum  not  exceeding  one  hundred  dollars,  which  may  be  sued  for  and  recovered 
in  a  civil  action,  in  the  name  of  the  president  of  the  board.  It  shall  make 
by-laws  and  rules  for  its  own  government  of  the  pilots,  not  inconsistent  with 
the  laws  of  this  state  or  of  the  United  States.  A  majority  of  such  board  shall 
constitute  a  quorum  for  the  transaction  of  business,  and  may  meet  and  ad- 
journ from  time  to  time,  according  to  adjournment  or  appointment. 

§  5.  The  commissioners  may  organize  as  a  board  at  any  time  after  their 
appointment  and  qualification.  After  their  organization  they  shall  proceed 
to  examine  and  license,  in  the  manner  prescribed  herein,  not  more  than  four 
pilots,  for  the  port  of  San  Diego;  provided,  that  nothing  in  this  section  shall 
be  so  construed  as  to  remove  any  pilot  until  his  commission  shall  expire. 

§  6.  No  person  shall  be  appointed  a  pilot  unless  he  is  an  American  citizen, 
over  the  age  of  twenty-one  years,  with  a  practical  knowledge  of  the  manage- 
ment of  sailing  vessels  and  steamboats,  and  of  the  tides,  soundings,  bearings, 
and  distances  of  the  several  shoals,  bars,  rocks,  points  of  land,  lighthouse, 
and  fog-signals  of  the  port  and  harbor  of  San  Diego. 

§  7.  Every  pilot  receiving  a  license  shall,  before  entering  on  the  discharge 
of  his  duties,  take  the  oath  prescribed  by  the  constitution  of  this  state,  which 
shall  be  indorsed  upon  his  license,  signed  by  him,  and  certified  by  the  president 
of  the  board ;  and  shall  give  a  bond  in  the  sum  of  twenty-five  hundred  dollars, 
with  two  sureties,  to  be  approved  by  the  board  and  recorded  in  the  county 
recorder's  office  of  San  Diego  County,  made  payable  to  the  state  of  California, 
and  conditioned  that  he  will  faithfully  perform  all  the  duties  required  of 
him  as  a  pilot  under  this  act,  and  will  observe  the  rules  and  regulations  and  de- 
cisions of  this  board.  The  pilots  shall  renew  their  bonds  whenever  the  board 
may  deem  it  necessary  and  shall  so  order.  In  all  cases  where  a  pilot  shall 
have  been  deprived  of  his  license  before  the  expiration  thereof  for  any  of 
the  causes  hereinafter  specified,  it  shall  be  the  duty  of  the  president  of  the 
board,  provided  a  majority  of  the  board  shall  instruct,  to  place  the  bond  of 
such  pilot  in  the  hands  of  the  attorney-general  of  the  state  of  California  for 
collection.  If  any  amount  be  collected  thereon  in  such  suit,  it  shall  be  paid 
to  the  board  and  shall  constitute  a  fund  out  of  which  it  shall  be  the  duty  of 
the  board  to  provide  rewards  to  encourage  the  relief  of  vessels  and  passengers 
in  distress,  and  generally  to  encourage  the  pilots  in  the  energetic  performance 
of  their  duties. 

§  8.  It  shall  be  the  duty  of  every  pilot  in  charge  of  a  vessel  arriving  in  the 
harbor  of  San  Diego  to  have  the  vessel  safely  moored  in  such  a  position  as  the 
master  may  direct. 


PILOTS     AT     SAN     DIEGO— LICENSE— REVOCATION,     CAUSES     FOR.  1047 

§  9.  Every  pilot  carried  to  sea  against  his  will,  when  a  pilot-boat  is  in 
attendance  to  receive  him,  shall  be  entitled  to  receive  the  sum  of  eight  dollars 
per  day  while  absent,  which  sum  may  be  recovered  from  the  master  or  owner 
of  the  vessel  so  taking  him  away;  provided,  the  amount  herein  allowed  to 
be  recovered  shall  in  no  case  exceed  one  thousand  dollars. 

§  10.  Any  pilot  may  be  deprived  of  his  license  before  the  expiration  thereof 
for  the  following  causes : 

First — For  refusing  to  exhibit  his  license  when  requested  to  do  so  by  the 
master  of  any  vessel  he  may  have  boarded. 

Second — For  habitual  or  occasional  intoxication,  whether  the  same  shall 
occur  while  in  charge  of  a  pilot-boat  or  at  any  other  time. 

Third — For  negligently,  ignorantly,  or  wilfully  running  any  vessel  on  shore 
or  otherwise  rendering  her  liable  to  injury ;  provided,  that  any  pilot  deprived 
of  his  license  under  this  subdivision  shall  thereafter  be  ineligible  to  a  license 
as  pilot  under  this  act. 

§  11.  Any  person  not  being  the  master  or  owner,  not  holding  a  license  as 
pilot,  who  shall  pilot  any  vessel  into  or  out  of  the  harbor  of  San  Diego  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  in  any  court  of  compe- 
tent jurisdiction  shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars, 
or  by  imprisonment  not  exceeding  ninety  days. 

§  12.  All  vessels,  their  tackle,  apparel,  and  furniture,  and  the  master  and 
owners  thereof,  shall  be  jointly  and  severally  liable  for  pilotage  fees,  to  be 
recovered  in  any  court  of  competent  jurisdiction. 

§  13.  When  two  or  more  pilots  shall  offer  their  services  to  a  vessel  outside 
of  a  line  from  Punta  Lomas  and  the  southeast  end  of  Zuinga  Shoal,  the  pilot 
first  offering  his  services  shall  have  the  preference ;  and  if  the  master  of  any 
vessel  shall  refuse  to  observe  such  rule  of  preference,  and  to  take  the  pilot 
entitled  to  be  preferred  on  board,  the  vessel,  her  appurtenances,  the  master 
and  owner  thereof,  shall  be  jointly  and  severally  liable  to  the  pilot  entitled  to 
such  preference  for  one  half  of  the  amount  of  pilotage  he  would  have  been 
entitled  to  claim  had  his  services  been  accepted. 

§  14.  The  following  shall  be  the  rates  of  pilotage  into  or  out  of  the  harbor 
of  San  Diego :  All  vessels  under  five  hundred  tons,  five  dollars  per  foot 
draft;  all  vessels  over  five  hundred  tons,  five  dollars  per  foot  draft  and 
four  cents  per  ton  for  each  and  every  ton  of  registered  measurement;  all  ves- 
sels engaged  in  the  whaling  or  fishing  trades,  one  dollar  per  foot  draft. 
When  a  vessel  is  spoken  and  the  services  of  a  pilot  are  declined,  one  half  of  the 
rates  shall  be  paid.  All  vessels  coasting  between  San  Diego  and  any  port 
in  Oregon,  or  in  Washington  and  Alaska  territories,  and  ail  vessels  coasting 
between  ports  of  this  state,  and  all  steamers  from  Panama  connecting  with 
the  Panama  Railroad,  touching  at  said  port  of  San  Diego,  bound  to  other 
coast  ports,  shall  be  exempt  from  all  charges  for  pilotage  unless  a  pilot  be 
actually  employed. 

§  15.  All  pilots  absenting  themselves  from  San  Diego  for  more  than  tliirty 
days  shall  forfeit  his  commission,  except  in  case  of  sickness. 

§  16.     This  act  shall  take  efiiect  and  be  in  force  from  and  after  its  passage. 

See  next  succeeding  act  and  note. 


1048  PILOTS    AT    PORT    OF   WILMINGTON — WHO    MAY   BE    APPOINTED    AS. 

PILOTS— SAN  PEDRO— WILMINGTON. 

To  provide  for  the  appointment  of  pilots,  and  defining  their  duties  and  com- 
pensation at  the  port  of  Wilmington  and  bay  of  San  Pedro. 

(Stats.  1889,  416,  ch.  CCLXVII.) 

§  1.  It  shall  be  the  duty  of  the  governor  to  appoint  not  more  than  two 
persons,  residents  of  San  Pedro,  as  pilots  for  the  port  of  "Wilmington  and  bay 
of  San  Pedro. 

§  2.  No  person  shall  be  appointed  a  pilot  who  is  not  a  citizen  of  the  United 
States,  over  twenty-one  years  of  age,  with  a  practical  knowledge  of  the  man- 
agement of  sailing  vessels,  and  of  the  location  and  distances  of  the  several 
shoals,  bars,  rocks,  points  of  land,  lighthouses,  buoys,  and  fog-signals  of  the 
port  of  Wilmington  and  bay  of  San  Pedro. 

§  3.  It  shall  be  the  duty  of  every  pilot  of  a  vessel  upon  arriving  in  the  bay 
of  San  Pedro  to  have  the  vessel  safely  moored  as  the  master  may  direct. 

§  4.  Every  pilot  carried  to  sea  against  his  will,  when  a  pilot-boat  is  in 
attendance  to  receive  him,  shall  be  entitled  to  receive  the  sum  of  eight  dollars 
a  day  while  absent,  which  sum  may  be  recovered  from  the  master  or  the 
owner  of  the  vessel  taking  him  away;  provided,  the  amount  herein  allowed 
to  be  recovered  shall  in  no  case  exceed  one  thousand  dollars. 

§  5.  Any  pilot  may  be  removed  by  the  governor  and  deprived  of  his  com- 
mission before  its  expiration  for  the  following  causes : 

First — For  refusing  to  exhibit  his  commission  when  requested  to  do  so  by 
the  master  of  any  vessel  he  may  have  boarded. 

Second — For  intoxication,  either  occasional  or  habitual,  whether  the  same 
be  while  in  charge  of  a  pilot-boat  or  at  any  other  time. 

Third — For  negligently,  ignorantly,  or  wilfully  running  any  vessel  on  shore, 
or  otherwise  rendering  her  liable  to  serious  injury;  and  any  pilot  who  shall 
be  deprived  of  his  commission  for  causes  specified  in  this  subdivision  shall, 
in  the  discretion  of  the  governor,  be  declared  to  be  ineligible  for  future  ap- 
pointment under  this  act. 

Fourth — For  being  absent  from  the  port  of  Wilmington  and  bay  of  San 
Pedro  for  more  than  thirty  days,  except  when  prevented  by  sickness  from 
performing  his  duties. 

§  6.  Any  person  not  the  master  or  owner,  and  not  holding  a  commission 
as  pilot,  who  shall  pilot  any  vessel  into  or  out  of  the  harbor  of  Wilmington, 
or  bay  of  San  Pedro,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  in  any  court  of  competent  jurisdiction  shall  be  punished  by 
a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  not  exceeding 
ninety  days. 

§  7.  All  vessels,  their  tackle,  apparel,  and  furniture,  and  the  master  and 
owner  of  such  vessels,  shall  be  jointly  and  severally  liable  for  pilotage  fees, 
to  be  recovered  in  any  court  of  competent  jurisdiction. 

§  8.  When  two  pilots  offer  their  services  to  a  vessel  outside  of  a  line  from 
Point  Firmin  Lighthouse  and  the  southeast  end  of  the  twenty-six  fathoms 
bank,  the  pilot  first  offering  his  services  shall  have  the  preference,  and  if  the 
master  of  any  vessel  shall  refuse  to  observe  such  preference,  and  to  take  the 


I 


PILOTS— PITT    RIVER — PLACER    COUNTY     RECOIIIXS.  1049 

pilot  first  offering  his  services  on  board  as  pilot,  the  master,  the  vessel,  her 
appurtenances,  and  furniture  sliall  be  jointly  and  severally  liable  to  the  pilot 
entitled  to  the  preference  for  one  half  of  the  pilotage  fees  he  would  have  been 
entitled  to  claim  had  his  services  been  accepted, 

§  9.  The  following  shall  be  the  rates  of  pilotage  into  and  out  of  the  bay 
of  San  Pedro,  at  the  outer  anchorage:  All  vessels  under  five  hundred  tons, 
five  dollars  per  foot  draft ;  all  vessels  over  five  hundred  tons,  ten  cents  per 
ton  for  each  and  every  ton  gross  registered  tonnage.  For  all  vessels  engaged 
in  the  whaling  or  fishing  trade  the  rate  of  pilotage  shall  be  one  dollar  per 
foot  draft.  When  a  vessel  is  spoken  and  the  services  of  a  pilot  are  de- 
clined, the  pilot  shall  be  entitled  to  one  half  pilotage  rates.  All  vessels  engaged 
in  the  coasting  trade  between  ports  of  the  United  States  on  the  Pacific  Coast 
shall  be  exempted  from  all  charges  for  pilotage,  unless  a  pilot  shall  actually 
be  employed.  All  vessels  over  five  hundred  tons  gross  register  shall,  when 
piloted  into  or  out  of  the  harbor  of  San  Pedro  or  Wilmington  over  the  bar. 
adjoining  Dead  Man's  Island,  pay  pilotage  rates  as  follows:  Five  dollars  per 
foot  draft,  and  five  cents  per  ton  for  each  ton  gross  registered  tonnage. 

§  10.     This  act  shall  take  effect  imediately. 

See    KERR'S    CYC.    POL.    CODE    §§  2429-24  91. 

PITT  RIVER— OBSTRUCTIONS. 

See  tit.  Fish  and  Game. 

PLACER  CITY. 

See  tits.  Municipal  Corporations;  Placerville. 

PLACER  COUNTY— RECORDS. 

To  legalize  certain  records  in  the  office  of  the  recorder  of  Placer  County. 
(Stats.  1863-4,  84,  ch.  LXXXIII.) 

§  1,  Whereas,  during  the  period  of  two  years,  commencing  on  the  first 
Monday  of  December,  A.  D.  one  thousand  eight  hundred  and  sixty,  the  cer- 
tificates of  filing  and  of  record  of  certain  instruments  in  writing,  which  by  law 
are  authorized  or  required  to  be  filed  for  record  and  to  be  recorded,  and  the 
certificates  of  the  filing  of  copies  of  certain  notices,  writs  of  attachment,  and 
executions,  certificates  of  sale,  and  transcripts  of  judgments  and  records,  which 
by  law  are  authorized  or  required  to  be  filed  in  the  recorder's  office  of  this  state, 
and  which  have  been  filed,  or  filed  and  recorded,  in  the  office  of  the  recorder 
of  Placer  County  during  said  period,  are  defective  by  reason  of  the  said  certif- 
icates being  not  signed  by  the  recorder  of  said  county,  or  by  his  lawful  deputy ; 
therefore,  all  of  the  said  certificates  of  said  filings  and  of  records,  and  of  said 
certificates  of  filings  only,  whether  the  same  be  made  of  record  in  said  office 
or  indorsed  on  said  instruments  in  writing,  filed  and  recorded  as  aforesaid, 
or  upon  said  other  copies  and  transcripts  filed  only,  are  hereby  legalized  and 
made  effective  from  and  after  the  passage  of  this  act,  for  all  the  legal  purposes 
for  which  said  filings  were  made,  as  if  the  said  certificates  had  been  duly 
signed  by  said  recorder  as  required  by  law. 

§  2,     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


1050  PLACERVILLE   TITLES— RIGHTS    OF   CL,AI3IANTS— PAYMENTS    BY. 

PLACERVILLE— TITLES  IN. 

Appointing  and  empowering  Charles  F.  Irwin  a  trustee  to  execute  certain  trusts, 
directing  the  manner  of  executing  the  same  and  the  use  of  the  funds  arising 
therefrom. 

(Stats.  1875-6,  328,  eh.  CCLI;  amended  1877-8,  252,  ch.  CCVIII.) 

Whereas,  The  government  of  the  United  States  has,  by  letters  patent,  dated 
the  tenth  day  of  September,  A.  D.  one  thousand  eight  hundred  and  seventy-two, 
granted  to  the  corporate  authorities  of  the  city  of  Placerville,  in  trust  for  the 
several  use  and  benefit  of  the  occupants  of  said  city,  certain  lands  in  said  patent 
described;  and  whereas,  in  consequence  of  the  death  and  resignation  of  said 
officers,  and  the  expirations  of  the  terms  of  office  for  which  they  were  severally 
elected,  there  no  longer  exists  in  said  city  any  corporate  authorities  to  execute 
the  trusts  imposed  by  the  act  of  Congress,  under  which  said  patent  was  issued, 
and  by  the  act  of  the  legislature  entitled  "An  act  to  authorize  and  direct  the 
municipal  authorities  of  the  several  cities  and  incorporate  towns  of  this  state 
to  execute  certain  trusts  in  relation  to  the  town  lands  granted  to  the  incorporated 
cities  and  towns  of  this  state  by  the  act  of  Congress  entitled  'An  act  for  the 
relief  of  the  inhabitants  of  cities  and  towns  upon  the  public  lands,'  approved 
March  second,  one  thousand  eight  hundred  and  sixty-seven,"  approved  March 
twenty-fourth,  one  thousand  eight  hundred  and  sixty-eight. 

§  1.  Charles  F.  Irwin,  of  El  Dorado  County,  in  this  state,  is  hereby  ap- 
pointed a  trustee,  and  as  such  is  authorized  and  empowered  to  execute  the  trusts 
devolved  upon  the  corporate  authorities  of  said  city  by  said  acts,  so  far  as  to 
take  and  accept  the  proofs  and  payments  for  lots  and  parcels  of  land,  as  is  re- 
quired to  be  made  by  section  seven  of  said  act  of  March  twenty-fourth,  one 
thousand  eight  hundred  and  sixty-eight,  and  to  execute  certificates  and  deeds  of 
conveyance  to  the  parties  entitled  thereto,  in  the  manner  hereinafter  provided. 

§  2.  Every  person,  company,  or  corporation,  claimant  of  any  lot  or  parcel 
of  land  within  the  limits  of  said  city,  who,  prior  to  the  passage  of  this  act,  shall 
not  have  complied  with  the  provisions  of  the  said  act  of  March  twenty-fourth, 
one  thousand  eight  hundred  and  sixty-eight,  or  with  the  provisions  of  an  act  of 
the  legislature  of  this  state  entitled  "An  act  to  authorize  the  city  clerk  of  the 
city  of  Placerville  to  execute  certain  trasts  in  relation  to  the  lands  granted  to 
said  city,'*  approved  March  twenty-eighth,  one  thousand  eight  hundred  and 
seventy-four,  may  at  any  time  prior  to  the  first  day  of  June,  A.  D.  one  thou- 
sand eight  hundred  and  seventy-eight,  present  to  said  trustee,  Charles  F.  Irwin, 
an  affidavit,  verified  in  person,  or  by  duly  authorized  agent  or  attorney,  in 
w^hich  affidavit  .shall  be  concisely  stated  the  facts  constituting  the  possession  or 
right  of  possession  of  the  claimant,  and  showing  to  the  best  of  affiant's  knowl- 
edge and  belief  that  said  claimant  is  entitled  to  the  possession  of  such  lot  or 
parcel  of  land  as  against  all  other  persons  or  associations,  to  which  affidavit  shall 
be  attached  a  copy  of  so  much  of  the  plat  of  said  city  as  will  fully  exhibit  the 
particular  lot  or  parcel  of  land  so  claimed,  with  the  abuttals.  And  every  such 
claimant,  at  the  time  of  presenting  such  affidavit,  shall  pay  to  such  trustee,  for 
the  uses  hereinafter  prescribed,  such  sum  of  money  as  shall  be  due  thereon  for 
assessment,  as  mentioned  or  required  by  section  six  of  said  act  of  March  twenty- 
fourth,  one  thousand  eight  hundred  and  sixty-eight,  or  by  any  other  act  or  acts 


PLACERVILLE  TITLES — CERTIFICATES  TO  CLAIMANTS— ADVERSE  CLAIMANTS.   1051 

relating  to  the  same  subject,  and  said  trustee  shall  thereupon  give  to  such 
claimant  a  certificate,  containing  a  description  of  the  lot  or  parcel  of  land 
claimed,  and  setting  forth  the  amount  paid  thereon  by  said  claimant.  [Amend- 
ment, Stats.  1877-8,  252.] 

§  3.  At  the  expiration  of  thirty  days  from  and  after  the  first  day  of  June, 
one  thousand  eight  hundred  and  seventy-eight,  any  person,  association,  or  claim- 
ant to  whom  a  certificate  shall  have  been  issued,  as  provided  in  the  preceding 
section,  or  who  may  heretofore  have  received  a  similar  certificate  from  the  cor- 
porate authorities  or  city  clerk  of  said  city,  may  present  the  same  to  said  trustee, 
and  if  no  adverse  claim  shall  have  been  presented  to  said  trustee,  he  shall  exe- 
cute and  deliver  to  such  claimant,  or  to  his,  her,  or  their  heirs,  administrators, 
assigns,  or  legal  representatives,  a  deed  of  the  premises  described  in  such  cer- 
tificate, designating  and  describing  the  same  by  number  of  the  lot  and  block, 
as  shown  upon  the  official  plat  or  map  of  said  city ;  and  that  all  deeds  heretofore 
executed  and  delivered  by  said  city  authorities,  or  by  any  de  facto  trustee  of  said 
trust,  to  any  claimant  or  claimants,  his,  her,  or  their  assigns  and  legal  repre- 
sentatives, are  hereby  legalized,  confirmed,  and  established,  and  shall  be  taken, 
deemed,  and  adjudged  as  good  and  sufficient  conveyances,  in  fee-simple,  of  the 
lot  or  lots,  land  or  lands  therein  described.     [Amendment,  Stats.  1877-8,  252.] 

§  4.  In  case  of  any  adverse  claim  to  any  such  lot  or  parcel  of  land,  or  conflict 
of  boundary  lines  relating  thereto,  the  party  out  of  possession  shall  commence 
his  action  in  a  court  of  competent  jurisdiction,  within  thirty  days  from  and  after 
said  first  day  of  June,  one  thousand  eight  hundred  and  seventy-eight,  and  shall, 
within  said  time,  serve  a  notice  of  the  pendency  of  such  action  upon  said  trustee ; 
and  said  trustee  shall  execute  and  deliver  a  deed  in  accordance  with  the  final 
judgment  rendered  in  such  action ;  provided,  if  no  such  action  shall  be  com- 
menced within  thirty  days  from  and  after  said  first  day  of  June,  one  thousand 
eight  hundred  and  seventy-eight,  a  deed  shall  be  executed  and  delivered  by  said 
trustee  to  the  party  in  po.ssession,  who  shall  have  made  the  proof  and  payment 
as  hereinbefore  provided.     [Amendment,  Stats.  1877-8,  252.] 

[The  amendatory  act  (Stats.  1877-8,  252)  also  contained  the  two  following 
sections:  "§  4,  If  any  person,  association,  or  corporation  claimant  of  any  of  said 
lands,  who  has  not  already  made  proof  and  payment  for  the  same  as  required 
by  law,  shall  fail,  neglect,  or  refuse  to  make  application  to  said  trustee,  for  a 
deed  of  conveyance  to  the  lands  so  claimed,  and  to  make  the  proofs  and  payment 
for  the  same  as  hereinbefore  provided,  on  or  before  the  first  day  of  June,  one 
thousand  eight  hundred  and  seventy-eight,  the  same  shall  be  deemed  delinquent 
for  the  amount  of  assessments  due  thereon,  to  be  determined  in  accordance  with 
the  provisions  of  said  act  of  JNIarch  twenty-fourth,  A.  D.  one  thousand  eight  hun- 
dred and  sixty-eight.  The  said  trustee  shall  proceed  to  offer,  at  public  auction, 
in  front  of  the  court-house  in  said  city,  to  the  highest  bidder,  for  gold  and  silver 
coin,  all  such  parcels  of  land  so  delinquent,  after  first  giving  notice  of  the  time 
and  place  of  sale,  by  publication  in  a  weekly  newspaper  published  in  said  city,  if 
there  be  one,  if  not  then  by  written  or  printed  notices,  posted  in  three  public 
places  in  said  city,  for  a  period  of  not  less  [than]  twenty  days.  Such  notice 
shall  state  the  number  of  the  lot  and  block,  and  the  amount  of  the  assessment 
due  upon  each  lot  so  delinquent.  Said  trustee  shall  give  to  the  purchaser  at  such 
sale  a  certificate  of  his  purchase,  setting  forth  therein  the  number  of  the  lot 


1052  PLiACERVILLE    TITLES — SALE    AND    REDEMPTION— DEEDS. 

sold,  and  the  number  of  the  block  in  which  the  same  is  situated,  the  amount 
paid  therefor,  and  that  the  same  is  subject  to  redemption  as  prescribed  in  the 
next  section ;  provided,  that  no  sale  shall  be  made  for  less  than  the  whole  amount 
of  assessments  and  the  cost  of  making  the  sale,  which  costs  shall  be  divided 
pro  rata  among  the  several  parcels  offered  for  sale. 

"  §  5.  At  any  time  within  three  months  after  such  sale,  the  original  claimant 
or  his  successor  in  interest  of  any  lot  so  sold,  may  redeem  the  same  by  paying  to 
the  purchaser,  or  the  said  trustee  for  the  purchaser,  in  gold  or  silver  coin,  the 
amount  of  such  purchase  money,  with  ten  per  centum  thereon  added ;  but  in  case 
no  redemption  be  made,  the  purchaser,  his  heirs,  or  assigns  shall  be  entitled  to 
demand  and  receive  from  said  trustee  a  deed  of  such  premises,  which  deed  shall 
be  absolute  against  the  parties  delinquent,  and  shall  entitle  the  grantee,  his 
heirs  and  assigns  to  a  writ  of  assistance  from  the  district  court  having  jurisdic- 
tion in  the  premises.  In  case  a  redemption  be  made  as  herein  provided,  said 
trustee  shall,  from  the  money  received  of  the  purchaser  at  such  sale,  deduct  the 
amount  of  the  delinquent  assessment  upon  any  such  lot,  together  with  the  cost 
of  sale,  and  pay  over  the  residue,  on  demand,  to  the  redemptioner  or  his 
assigns."] 

§  5.  The  deeds  that  may  be  executed  under  the  provisions  of  this  act  shall  have 
the  same  force  and  effect  as  if  executed  by  the  corporate  authorities  of  said 
city,  under  and  by  virtue  of  the  provisions  of  said  act  of  March  twenty-fourth, 
one  thousand  eight  hundred  and  sixty-eight;  and  for  the  purpose  of  fully  exe- 
cuting and  administering  said  trust  in  accordance  with  the  beneficial  intent  and 
meaning  of  the  acts  of  Congress  and  of  this  state  in  relation  thereto,  and  of 
supplying,  revising,  perfecting,  or  confirming  any  or  all  acts  or  omissions  o£ 
the  corporate  authorities  or  city  clerk  of  said  city,  or  of  the  trustee  hereby  ap- 
pointed, and  of  granting  general  relief  in  the  premises,  in  accordance  with 
sections  two  thousand  two  hundred  and  eighty-seven,  two  thousand  two  hun- 
dred and  eighty-eight,  and  two  thousand  two  hundred  and  eighty-nine  of  article 
six,  title  eight,  volume  two  of  the  Civil  Code,  the  district  court  of  the  eleventh 
judicial  district,  at  any  term  of  said  court,  in  and  for  the  county  of  El  Dorado, 
upon  the  verified  petition,  duly  filed  therein,  of  one  or  more  of  the  parties  and 
claimants  beneficially  interested  in  said  trust,  shall  be  deemed  and  taken  to 
have  jurisdiction  of  the  subject-matter,  and  of  all  the  parties  and  claimants 
aforesaid,  and  the  final  judgment  of  said  court  in  the  premises  shall  be  con- 
clusive as  to  the  parties  and  claimants  interested,  and  as  to  all  jurisdictional 
facts. 

§  6.  The  said  trustee  shall  receive,  in  full  compensation  for  all  services  per- 
formed by  him  under  this  act,  from  and  including  the  execution  and  issuance 
in  each  case  of  a  certificate  and  deed,  or  of  a  deed,  where  a  certificate  shall 
have  been  previously  issued,  the  sum  of  two  and  one  half  dollars  in  United  States 
gold  coin,  to  be  retained  by  him  for  lands  and  assessments,  in  accordance  with 
section  six  of  said  act  of  March  twentj'-- fourth,  one  thousand  eight  hundred 
and  sixty-eight,  and  all  acts  amendatory  thereof  and  supplementary  thereto. 

§  7.  The  said  trustee  shall  be  entitled  to  the  possession  and  custody  of  all 
the  books,  records,  and  papers  having  reference  to  said  lands  or  claimants,  had, 
held,  or  used  by  the  late  corporate  authorities  or  city  clerk  of  said  city,  and 


PLACERVILLE    TITLES— POLICE    COUUTS    IN    CERTAIN    CITIES.  1053 

shall  make  entries  in  said  books  of  all  his  transactions  as  such  trustee,  so  far 
as  practicable,  in  the  manner  required  by  the  corporate  authorities  of  said  city 
by  section  seven  of  said  act  of  March  twenty-fourth,  one  thousand  eight  hundred 
and  sixty-eight.  And  when  all  the  business  herein  required  of  said  trustee  shall 
be  completed,  he  shall  deposit  the  books,  records,  and  papers  aforesaid,  then  in 
his  hands,  in  the  office  of  the  county  clerk  of  the  county  of  El  Dorado,  where 
they  shall  remain  subject  to  the  inspection  of  all  persons,  in  like  manner  and 
with  the  same  effect  as  other  public  records  in  said  office. 

§  8.  Out  of  the  moneys  collected  for  assessments,  as  provided  in  section 
two  of  this  act,  the  trustee  shall  pay  for  the  stationery,  printing,  and  other 
necessary  expenses  incident  to  the  transaction  of  said  business;  and  when  said 
business  shall  be  completed,  if  any  balance  shall  remain  in  his  hands  unexpended, 
he  shall  advertise,  by  one  insertion  in  each  of.  the  newspapers  published  in 
said  city,  for  sealed  proposals  for  the  surrender  of  "fire  bonds"  issued  by 
and  now  outstanding  against  said  city,  and  shall  pay  the  same  to  the  holder 
or  holders  thereof  who  shall  in  such  proposal  agree  to  surrender  the  largest 
amount  of  such  indebtedness  for  such  money, 

§9,  The  act  entitled  "An  act  to  authorize  the  city  clerk  of  the  city  of 
Placerville  to  execute  certain  trusts  in  relation  to  the  lands  granted  to  said 
city,"  approved  March  twenty-eighth,  one  thousand  eight  hundred  and  seventy- 
four,  and  all  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act, 
are  hereby  repealed. 

§  10.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  tit.  Municipal  Corporations. 

PLACER,  YUBA,   AND   SUTTER  COUNTIES. 
See  tit.  Levee  Districts. 

PLEDGES. 

See  tit.  Candidates  for  Office.         \ 

PLUMBERS— PLUMBING,  SANITARY. 

See  tit.  Health— Public. 

POISONS. 

See  tit.  Pharmacy. 

See  KERR'S   CYC.  PEN.   CODE   §  347a, 

POLICE  COURTS— CERTAIN  CITIES. 

("Whitney  Act.") 
To  provide  for  police  courts  in  cities  having  thirty  thousand  and  under  one 

hundred  thousand  inhabitants,  and  to  provide  for  officers  thereof. 

(Stats.  1885,  213,  ch.  CLXIV;  amended  1891,  292,  ch.  CCXIV;  1893,  41,  eh. 

XXIII;  1895,  113,  ch.  CXXII.) 

§  1.  The  judicial  power  of  every  city  having  thirty  thousand  and  under  one 
hundred  thousand  inhabitants,  shall  be  vested  in  a  police  court,  to  be  held 
therein  by  the  city  justices,  or  one  of  them,  to  be  designated  by  the  mayor,  but 


1054     POLICE  COURTS — JURISDICTION  AND  OFFENSES— JUDGES  AND  OFFICERS. 

either  of  said  city  justices  may  hold  such  court  without  such  designation,  and 
it  is  hereby  made  the  duty  of  said  city  justices,  in  addition  to  the  duties  now 
required  of  them  by  law,  to  hold  said  police  court.  [Amendment,  Stats. 
1891,  292.] 

§  2.  The  police  court  shall  have  exclusive  jurisdiction  of  the  following  publjo 
offenses  committed  in  the  city: 

First — Petit  larceny. 

Second — Assault  or  battery  not  charged  to  have  been  committed  upon  a  public 
officer  in  the  discharge  of  official  duty,  or  with  intent  to  kill. 

Third — Breaches  of  the  peace,  riots,  affrays,  committing  wilful  injury  to  prop- 
erty, and  all  misdemeanors  punishable  by  fine  or  by  imprisonment,  or  by  both 
such  fine  and  imprisonment. 

Fourth — Of  proceedings  respecting  vagrants,  lewd,  or  disorderly  persons. 
[Amendment,  Stats.  1891,  292.] 

§  3.  Said  court  shall  also  have  exclusive  jurisdiction  of  all  proceedings  for 
violation  of  any  ordinance  of  said  city,  both  civil  and  criminal,  and  of  an  action 
for  the  collection  of  any  license  required  by  any  ordinance  of  said  city.  [Amend- 
ment, Stats.  1891,  292.] 

§  4.  Neither  of  said  justices  shall  sit  in  cases  in  which  he  is  a  party,  or  in 
which  he  is  interested,  or  where  he  is  related  to  either  party  by  consanguinity 
or  affinity  within  the  third  degree ;  and  in  case  of  the  sickness  or  inability  of  the 
city  justices,  either  of  them  may  call  in  a  justice  of  the  peace  residing  in  the 
county  to  act  in  his  place  and  stead.     [Amendment,  Stats.  1891,  292.] 

§  5.  Each  of  the  city  justices,  while  acting  as  judge  of  said  court,  shall  also 
have  power  to  hear  cases  for  examination,  and  may  commit  and  hold  the  oft'ender 
to  bail  for  trial  in  the  proper  court,  and  may  try,  condemn,  or  acquit,  and  carry 
his  judgment  into  execution,  as  the  case  may  require,  according  to  law,  and 
punish  persons  guilty  of  contempt  of  court,  and  shall  have  power  to  issue  war- 
rants of  arrest  in  case  of  a  criminal  prosecution  for  a  violation  of  a  city  ordi- 
nance, as  well  as  in  case  of  a  violation  of  the  criminal  law  of  the  state ;  also,  all 
subpoenas,  and  all  other  processes  necessary  to  the  full  and  proper  exercise  of 
his  powers  and  jurisdiction,  and  in  such  of  the  cases  enumerated  in  this  section 
in  which  trial  by  jury  is  not  secured  by  the  constitution  of  the  state,  he  may 
proceed  to  judgment  in  the  first  instance  without  a  jury;  but  on  appeal,  the 
defendant  shall  be  entitled  to  trial  by  jury  in  the  superior  court.  [Amend- 
ment, Stats.  1891,  292.] 

§  6.  The  police  courts  in  all  cities  having  more  than  thirty  thousand  and  not 
exceeding  one  hundred  thousand  inhabitants,  shall  have  a  clerk  for  each  of  the 
judges  of  said  courts,  who  shall  be  appointed  hy  the  judge  of  the  said  court  pre- 
siding in  the  department  thereof  in  which  the  said  clerk  is  to  act,  who  shall 
hold  office  for  the  period  of  two  years  from  the  date  of  his  appointment.  Each 
of  the  said  clerks  shall  receive  an  annual  salary  of  one  thousand  five  hundred 
dollars  a  year,  payable  monthly  out  of  the  treasury  of  said  city,  which  salary 
shall  be  the  full  compensation  for  all  services  rendered  by  him.  Each  of  the 
said  clerks  shall  keep  a  record  of  the  proceedings  of,  and  issue  all  processes 
ordered  by,  the  city  ju.stices,  or  either  of  them,  or  by  said  police  court,  and 
receive  and  pay  into  the  city  treasury  all  fines  imposed  by  said  court.     They 


POLICE    COIRTS— PROSECUTING    ATTORNEY— APPOINTMENT,    TERM.  1055 

shaK  also  each  month  render  to  the  city  council  an  exact  and  detailed  account, 
upon  oath,  of  all  fines  imposed  and  collected,  and  of  all  fines  imposed  and  un- 
collected, since  their  last  reports.  They  shall  prepare  bonds,  justify  bail  when 
the  amount  has  been  fixed  by  either  of  the  said  justices  or  said  court,  in  cases 
not  exceeding  one  hundred  dollars,  and  may  administer  and  certify  oatlis.  The 
clerks  shall  remain  at  the  court-rooms  of  the  said  court  during  the  business 
hours,  and  during  such  reasonable  time  thereafter  as  may  be  necessary  for  dis- 
charging their  duties.  Before  receiving  their  salaries  each  or  any  month,  each 
of  them  shall  make  and  file  with  the  city  auditor  an  affidavit  that  he  has  de- 
posited with  the  city  treasurer  all  moneys  that  have  come  into  his  hands  be- 
longing to  the  city.  Any  violation  of  this  provision  shall  be  a  misdemeanor. 
Each  of  said  clerks  shall  give  a  bond  in  the  sum  of  five  thousand  dollars,  witli 
at  least  two  sureties,  to  be  approved  by  the  mayor,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office.     [Amendment,  Stats.  1895,  113.] 

§  6^.  The  police  court  in  all  cities  having  more  than  thirty  thousand  and 
less  than  fifty  thousand  inhabitants  shall  have  a  prosecuting  attorney,  to  be 
appointed  by  the  district  attorney  of  the  county  in  which  said  city  is  situated, 
who  shall  hold  office  for  the  period  of  two  years  from  the  date  of  his  appoint- 
ment. He  shall  receive  an  annual  salary  of  two  thousand  (2,000)  dollars,  pay- 
able in  equal  monthly  instalments,  out  of  the  treasury  of  said  city,  which 
salary  shall  be  in  full  compensation  for  all  services  rendered  by  him.  It  shall 
be  the  duty  of  said  prosecuting  attorney  to  attend  the  sessions  of  said  court,  and 
conduct  on  behalf  of  the  people  all  prosecutions  for  public  offenses  of  which  said 
court  has  jurisdiction.  He  shall  give  a  bond  in  the  sum  of  three  thousand  dollars, 
with  at  least  two  sureties,  to  be  approved  by  the  mayor,  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office.  [New  section  added,  Stats.  1893, 
41.] 

§  7.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in  the  police 
court  shall  be  paid  into  the  city  treasury  on  the  first  Tuesday  of  each  month, 
and  all  bills  for  fees  and  costs  due  the  officers  of  said  court  shall  be  reported  to 
the  city  council  each  month.     [Amendment,  Stats.  1891,  292.] 

§  8.  Rooms  and  Dockets — The  city  council  shall  furnish  a  suitable  room  for 
the  holding  of  said  court,  and  shall  also  furni.sh  the  necessary  dockets  and  blanks. 
One  docket  shall  be  styled  "The  City  Criminal  Docket,"  in  which  all  the  crimi- 
nal business  shall  be  recorded,  and  each  case  shall  be  alphabetically  indexed. 
Another  docket  shall  be  styled  "The  City  Civil  Docket,"  and  it  shall  contain 
each  and  every  civil  case  in  which  the  city  is  a  party,  or  which  is  prosecuted  or 
defended  for  her  interest,  and  each  case  shall  be  properly  indexed.  [Amend- 
ment, Stats.  1891,  292.] 

§  9.  The  police  court  shall  be  always  open,  except  upon  non-judicial  days, 
and  then  for  such  purposes  only  as  by  law  permitted  or  required  of  other  courts 
of  this  state.     [Amendment,  Stats.  1891,  292.] 

§  10.  Appeals  may  be  taken  from  any  judgment  of  said  police  court  to  the 
superior  court  of  the  county  in  which  said  city  may  be  located,  in  the  same 
manner  in  which  appeals  are  taken  from  justices'  courts  in  like  cases.  [Amend- 
ment, Stats.  1891,  292.] 

§  11.     In  all  cases  of  imprisonment  of  persons  convicted  in  said  police  court 


1056  POLICE    COURTS — CITIES    FIRST    AND    ONE-HALF    CLASS. 

of  any  offense  committed  in  the  city,  the  persons  so  to  be  imprisoned,  or  by 
ordinance  required  to  labor,  shall  be  imprisoned  in  the  city  jail ;  or,  if  required 
to  labor,  shall  labor  in  the  city.     [Amendment,  Stats.  1891,  292.] 

§  12.  Said  courts  shall  have  a  seal,  to  be  furnished  by  the  city.  [Amendment, 
Stats.  1891,  292.] 

§  13.  City  Cases — The  city  justices  shall,  on  the  first  Tuesday  of  each  month, 
make  to  the  city  council  a  full  and  complete  report  of  all  the  cases,  civil  and 
criminal,  in  which  the  city  has  an  interest,  or  which  are  required  to  be  entered 
in  the  city  civil  docket  or  the  city  criminal  docket ;  such  report  to  be  made  upon 
blanks  furnished  by  the  city  council,  and  in  such  form  as  they  may  require. 
[Amendment,  Stats.  1891,  292.] 

§  14.  Certified  transcripts  of  the  docket  made  by  the  clerk  of  the  said  court, 
under  the  seal  of  said  court,  shall  be  evidence  in  any  court  of  this  state  of  the 
contents  of  said  docket;  and  all  warrants  and  other  process  issued  out  of  said 
court,  and  all  acts  done  by  said  court,  and  certified  under  its  seal,  shall  have 
the  same  force  and  validity  in  any  part  of  this  state  as  though  issued  or  done 
by  any  court  of  record  of  this  state.     [Amendment,  Stats.  1891,  292.] 

§  15.     This  act  shall  be  in  force  and  effect  from  and  after  its  passage. 

The  amendatory  Act   of  1891,  292,   super-  24    Pac.     Rep.    603;    Ex     parte     Halsted,    89 

seded   Act   of    1885,    213,    In    each    and    every  Cal.    471,    472,    26    Pac.    Rep.    961;    People   vs. 

section. — ^^See  In  re  Ambrosewf,  109  Cal.  264,  Wong  Wang-,   92   Cal.    277,   279,   28   Pac.   Rep. 

265,  41  Pac.  Rep.  1101.     Generally — Ex  parte  270;   In   re  Ambrosewf,   109   Cal.   264,   265,   41 

Henshavir,  73  Cal.  486,  488,  15  Pac.  Rep.  110;  Pac.  Rep.  1101;  Kahn  vs.  Sutro,  114  Cal.  316, 

People  ex  rel.  Daniels  vs.  Henshaw,   76  Cal.  334,   46   Pac.   Rep.   87,   33  L.   R.  A.   620:   In  re 

436,  439,  18  Pac.  Rep.  413;  Green  vs.  Superior  Mitchell,    120    Cal.    384,    52    Pac.    Rep.     799; 

Court,  78  Cal.  556,  565,  21  Pac.  Rep.  307,  541;  People  vs.   Burns,   121   Cal.    529,   530,   53   Pac. 

Ex   parte  Ah  You,   82   Cal.    339,    341,   22   Pac.  Rep.    1096;    People    ex    rel.    Richardson    vs. 

Rep.   929;   People   vs.   Toal,   85   Cal.    333,    334,  Cobb,  133  Cal.  74,  75,  65  Pac.  Rep.  325. 

POLICE  COURTS— CITIES  FIRST  AND  ONE-HALF  CLASS. 

To  establish  police  courts  in  cities  of  the  first  and  one-half  class,  to  fix  their 
jurisdiction  and  provide  for  officers  of  said  courts  and  fix  the  compensation 
of  certain  officers  thereof. 

(Stats.  1901,  95,  ch.  LXXXI;  amended  1903,  320,  ch.  CCXLII;  1903,  335,  ch. 
CCXLVIII;  1905,  41,  ch.  XL VI.) 

§  1.  The  judicial  power  of  every  city  of  the  first  and  one-half  class  shall  be 
vested  in  a  police  court  to  be  held  therein  by  the  city  justices  of  such  city,  or  one 
of  them.  Either  one  of  said  justices  may  hold  such  court,  and  there  may  be 
as  many  sessions  of  said  court  at  the  same  time  as  there  are  city  justices  in  such 
city,  and  it  is  hereby  made  the  duty  of  said  city  justices,  in  addition  to  the 
duties  now  required  of  them  by  law,  to  hold  said  police  court,  as  judges  thereof. 

§  2.  Said  police  court  shall  have  exclusive  jurisdiction  of  all  misdemeanors 
punishable  by  fine  or  by  imprisonment,  or  by  both  such  fine  and  imprisonment, 
committed  in  the  city  where  such  police  court  is  held;  and  in  all  such  cases  to 
try  and  determine  the  same,  convict  or  acquit,  pass  and  enter  judgment  and 
carry  such  judgment  into  execution  as  the  case  may  require,  according  to  law. 

§  3.  The  said  court  shall  also  have  exclusive  jurisdiction  of  all  proceedings 
for  violation  of  any  ordinance  of  said  city,  both  civil  and  criminal,  and  of  all 
actions  for  the  collection  of  any  licenses  required  by  the  ordinances  of  said  city. 


POLICE    COURTS— CITIES   FIRST    AND    ONE-HAKF    CLASS— CLERK,    ETC.        1057 

§  4.  Neither  of  said  justices  shall  sit  in  cases  in  which  he  is  a  party,  or  in 
which  he  is  interested,  or  where  he  is  related  to  either  party  by  consanguinity 
or  atifinity  within  the  third  degree;  and  in  case  of  sickness  or  inability  of  said 
justices,  or  either  of  them,  either  of  said  justices  may  call  in  any  justice  of  the 
peace  of  the  county  to  act  in  his  place  or  stead. 

§  5.  Each  of  the  city  justices,  while  acting  as  judge  of  said  police  court, 
shall  have  jurisdiction  to  issue  warrants  of  arrest,  search  warrants,  subpcenas, 
and  all  other  processes  necessary  to  the  full  and  proper  exercise  of  the  powers 
and  jurisdiction  of  said  court;  to  punish  pereons  guilty  of  contempt  of  said 
court ;  to  try  all  charges  of  misdemeanor  offenses  committed  within  its  jurisdic- 
tion, as  well  as  all  charges  for  violation  of  city  ordinances,  and  render  judgment 
therein,  with  full  power  to  carry  such  judgment  into  execution. 

§  6.  Said  police  court  shall  have  a  clerk  for  each  of  the  judges  of  said  court, 
who  shall  be  appointed  by  the  judge  of  the  said  court  presiding  in  the  depart- 
ment thereof  in  which  the  said  clerk  is  to  act,  which  said  clerks  shall  hold  office 
for  the  term  of  two  years  from  the  date  of  appointment.  Each  of  said  clerks 
shall  give  a  bond  in  the  sum  of  five  thousand  dollars,  with  at  least  two  sureties, 
to  be  approved  by  the  mayor,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office.  Each  of  said  clerks  shall  receive  an  annual  salary  of  one 
thousand  eight  hundred  dollars  a  year,  payable  in  equal  monthly  instalments  out 
of  the  treasury  of  said  city,  which  salary  shall  be  the  full  compensation  for  all 
services  rendered  by  him.  Each  of  the  said  clerks  shall  keep  a  record  of  the 
proceedings  of,  and  issue  all  processes  ordered  by,  the  city  justices,  or  either 
of  them,  or  bj'  said  police  court,  and  receive  and  pay  into  the  city  treasury  all 
fines  imposed  by  said  court.  They  shall  also  render  each  month  to  the  city 
council  an  exact  and  detailed  account  under  oath  of  all  fines  imposed  and  col- 
lected, and  of  all  fines  imposed  and  uncollected  since  their  last  reports.  They 
shall  prepare  bonds,  justify  bail  when  the  amount  has  been  fixed  by  either  of 
said  justices  or  by  said  police  court,  in  cases  not  exceeding  one  hundred  dollars, 
and  may  administer  and  certify  oaths.  Said  clerks  shall  remain  at  the  court- 
rooms of  said  court  during  the  business  hours  and  during  such  reasonable  times 
thereafter  as  may  be  necessary  for  a  proper  performance  of  their  duties.  Before 
receiving  any  monthly  payment  of  salary  each  of  said  clerks  shall  make  and 
file  with  the  city  auditor  an  affidavit  that  he  has  deposited  with  the  city  treas- 
urer all  moneys  that  have  come  into  his  hands,  belonging  to  the  city.  Any  vio- 
lation of  this  provision  shall  be  a  misdemeanor.     [Amendment,  Stats.  1903,  335.] 

§  7.  Said  police  court  shall  have  a  prosecuting  attorney  and  two  assistant 
prosecuting  attorneys,  all  of  whom  shall  be  appointed  by  the  city  attorney  of 
said  city,  and  who  shall  hold  office  for  the  term  of  two  years  from  the  date  of 
their  appointment.  Said  prosecuting  attorney  shall  receive  an  annual  salary  of 
twenty-one  hundred  dollars,  which  shall  be  paid  in  equal  monthly  instalments 
out  of  the  treasury  of  said  city,  which  salary  shall  be  in  full  compensation  for 
all  services  rendered  by  him.  One  of  said  assistant  prosecuting  attorneys  shall 
receive  an  annual  salary  of  eighteen  hundred  dollars  and  one  of  said  assistant 
prosecuting  attorneys  shall  receive  an  annual  salary  of  fifteen  hundred  dollars, 
which  shall  be  paid  in  equal  monthly  instalments  out  of  the  treasury  of  said 
city,  which  salary  shall  be  in  full  compensation  for  all  services  rendered  by 

Gen.  Laws — 67 


1058  POLICE    COURTS — CITIES    SECOND    CLASS — JURISDICTION. 

tliem.  It  shall  be  the  duty  of  said  prosecuting  attorney  and  said  assistant  prose- 
cuting attorneys  to  attend  the  sessions  of  said  police  court  and  conduct  on 
behalf  of  the  people  all  prosecutions  for  public  offenses  of  which  said  court  has 
jurisdiction.     [Amendment,  Stats.  1905,  41.] 

§  8.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in  the  police 
court  shall  be  paid  into  the  city  treasury  on  the  first  Tuesday  of  each  month. 

§  9.  The  city  council  shall  furnish  suitable  rooms  for  the  holding  of  said 
police  court  and  shall  also  furnish  the  necessary  dockets,  blanks,  stationery, 
and  supplies  for  the  carrying  on  of  the  business  of  said  courts.  One  docket 
shall  be  styled  "The  City  Criminal  Docket,"  in  which  all  the  criminal  business 
of  said  court  shall  be  recorded,  and  each  case  shall  be  alphabetically  indexed. 
Another  docket  shall  be  styled  "The  City  Civil  Docket,"  and  it  shall  contain 
each  and  every  civil  case  in  which  the  city  is  a  party,  or  which  is  prosecuted  or 
defended  for  her  interest;  and  each  case  shall  be  properly  indexed. 

§  10.  The  police  court  shall  be  always  open,  except  upon  non-judicial  days, 
and  then  for  such  purposes  only  as  by  law  permitted  or  required  of  other  courts 
of  this  state. 

§  11.  Appeals  maj'  be  taken  from  any  judgment  of  said  police  court  to  the 
superior  court  of  the  county  in  which  such  city  may  be  located,  in  the  same 
manner  in  which  appeals  are  taken  from  the  justices'  courts  in  like  cases. 

§  12.  In  all  cases  of  imprisonment  of  persons  convicted  in  said  police  court 
of  any  offense  committed  in  the  city,  the  person  so  to  be  imprisoned,  or  by  ordi- 
nance required  to  labor,  shall  be  imprisoned  in  the  city  jail,  or,  if  required  to 
labor,  shall  labor  in  the  city. 

§  13.     Said  courts  shall  have  a  seal,  to  be  furnished  by  the  city. 

§  14.  The  city  justices  shall  on  the  first  Tuesday  of  each  month  make  to  the 
city  council  a  full  and  complete  report  of  all  the  cases,  civil  and  criminal,  in 
w^hich  the  city  has  an  interest,  or  which  are  required  to  be  entered  in  the  city 
civil  docket,  or  the  city  criminal  docket,  such  report  to  be  made  upon  blanks 
furnished  by  the  city  council  and  in  such  form  as  they  may  require. 

§  15.  Certified  transcripts  of  the  dockets  or  files  of  said  court,  certified  by 
the  clerk  of  said  court  under  the  seal  of  said  court,  shall  be  evidence  in  any  court 
of  this  state  of  the  contents  of  said  docket  or  of  said  files,  as  the  case  may  be; 
and  all  warrants  and  other  procass  issued  out  of  said  court  and  all  acts  done 
by  said  court  and  certified  under  its  seal,  shall  have  the  same  force  and  validity 
in  any  part  of  this  state  as  though  issued  or  done  by  any  court  of  record  of 
this  state. 

§  16.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

POLICE  COURTS— CITIES  SECOND  CLASS. 

To  establish  police  courts  in  cities  of  the  second  class,  to  fix  their  jurisdiction, 
and  provide  for  officei-s  of  said  courts,  and  fix  the  compensation  of  certain 
officers  thereof. 

(Stats.  1901,  576,  ch.  CCXXVI;  amendment  Stats.  1905,  634,  ch.  CDLXXIV.) 
.  §  1.  The  judicial  power  of  every  city  of  the  second  class  shall  be  vested  in 
a  police  court  to  be  held  therein  by  the  city  justices  of  such  city,  or  one  of 


POLICE    COURTS— CITIES    SECOND    CLASS — JUDGES    AND    CLERKS.  1050 

them.  Either  one  of  said  justices  may  hold  such  court,  and  there  may  be  as 
many  sessions  of  said  court  ai  the  same  time  as  there  are  city  justices  in  such 
city,  and  it  is  hereby  made  the  duty  of  said  city  justices,  in  addition  to  the 
duties  now  required  of  them  by  law,  to  hold  said  police  court,  as  judges  thereof. 

§  2.  Said  police  court  shall  have  exclusive  jurisdiction  of  all  misdemeanors 
punishable  by  fine  or  by  imprisonment,  or  by  both  such  fine  and  imprisonment, 
committed  in  the  city  where  such  police  court  is  held;  and  in  aJl  such  cases, 
to  try  and  determine  the  same,  convict  or  acquit,  pass  and  enter  judgment 
and  carry  such  judgment  into  execution  as  the  case  may  require,  according 
to  law. 

§  3.  The  said  court  shall  also  have  exclusive  jurisdiction  of  all  proceedings 
for  violation  of  any  ordinance  of  said  city,  both  civil  and  criminal,  and  of  all 
actions  for  the  collection  of  any  licenses  required  by  the  ordinances  of  said  city. 

§  4,  Neither  of  said  justices  shall  sit  in  cases  in  which  he  is  a  party,  or  in 
which  he  is  interested,  or  where  he  is  related  to  either  party  by  consanguinity 
or  affinity  within  the  third  degree;  and  in  case  of  the  sickness  or  inability  of 
said  justices,  or  either  of  them,  either  of  said  justices  may  call  in  any  justice  of 
the  peace  of  the  county  to  act  in  his  place  or  stead. 

§  5.  Each  of  the  city  justices,  while  acting  as  judge  of  said  police  court, 
shall  have  jurisdiction  to  issue  warrants  of  arrest,  search  warrants,  subpoenas, 
and  all  other  processes  necessary  to  the  full  and  proper  exercise  of  the  powers 
and  jurisdiction  of  said  court;  to  punish  persons  guilty  of  contempt  of  said 
court ;  to  try  all  charges  of  misdemeanor  offenses  committed  within  its  jurisdic- 
tion, as  well  as  all  charges  for  violation  of  city  ordinances,  and  render  judgment 
therein,  with  full  power  to  carry  such  judgment  into  execution. 

§  6.  Said  police  court  shall  have  a  clerk  for  each  of  the  judges  of  said  court, 
who  shall  be  appointed  by  the  judge  of  the  said  court  presiding  in  the  depart- 
ment thereof  in  which  the  said  clerk  is  to  act,  which  said  clerks  shall  hold  office 
for  the  term  of  two  years  from  the  date  of  appointment.  Each  of  said  clerks 
shall  give  a  bond  in  the  sum  of  five  thousand  dollars,  with  at  least  two  sureties, 
to  be  approved  by  the  mayor  of  said  cit}',  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office.  Each  of  said  clerks  shall  receive  an  annual  salary 
of  one  thousantl  eight  hundred  dollars  a  year,  payable  in  equal  monthly  instal- 
ments out  of  the  treasury  of  said  city,  which  salary  shall  be  the  full  compensa- 
tion for  all  services  rendered  by  him.  Each  of  the  said  clerks  shall  keep  a  record 
of  the  proceedings  of,  and  issue  all  processes  ordered  by,  the  city  justices,  or 
either  of  them,  or  by  said  police  court,  and  receive  and  pay  into  the  city  treas- 
ury all  fines  imposed  by  said  court.  They  shall  also  render  each  month  to  the 
city  council  an  exact  and  detailed  account  under  oath  of  all  fines  imposed  and 
collected  and  of  all  fines  imposed  and  uncollected  since  their  last  reports.  They 
shall  prepare  bonds,  justify  bail  when  the  amount  has  been  fixed  by  either  of 
said  justices  or  by  said  police  court,  in  cases  not  exceeding  one  hundred  dollars, 
and  may  administer  and  certify  oaths.  Said  clerks  shall  remain  at  the  court- 
rooms of  said  court  during  the  business  hours  and  during  such  reasonable  times 
thereafter  as  may  be  necessary  for  a  proper  performance  of  their  duties.  Before 
receiving  any  monthly  payment  of  salary  each  of  said  clerks  shall  make  and 
file  with  the  city  auditor  an  affidavit  that  he  has  deposited  with  the  city  treasurer 


1060  POLICE    COURTS — CITIES    SECOIVD    CLASS— ATTORNEY    AND    ROOMS. 

all  moneys  that  have  come  into  his  hands,  belonging  to  the  city.  Any  violation 
of  this  provision  shall  be  a  misdemeanor. 

§  7.  Said  police  courts  shall  have  one  prosecuting  attorney  and  an  assistant 
prosecuting  attorney  who  shall  each  be  appointed  by  the  district  attorney  of  the 
county  in  which  the  city  is  situated,  and  who  shall  hold  office  for  the  term  of 
two  years  from  the  date  of  their  appointment.  Said  prosecuting  attorney  shall 
receive  an  annual  salary  of  two  thousand  (2,000)  dollars  and  said  assistant 
prosecuting  attorney  an  annual  salary  of  one  thousand  five  hundred  (1,500)  dol- 
lars, which  salaries  shall  be  paid  in  equal  monthly  instalments,  out  of  the  treas- 
ury of  said  city,  which  salaries  shall  be  in  full  compensation  for  all  services 
rendered  by  them.  It  shall  be  the  duty  of  said  prosecuting  attorney  and  said 
assistant  prosecuting  attorney  to  attend  the  sessions  of  said  police  court  and 
conduct,  on  behalf  of  the  people,  all  prosecutions  for  public  offenses  of  which 
said  court  has  jurisdiction.     [Amendment,  Stats.  1905,  634.] 

§  8.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in  the  police 
court  shall  be  paid  into  the  city  treasury  on  the  first  Tuesday  of  each  month. 

§  9.  The_  city  council  shall  furnish  suitable  rooms  for  the  holding  of  said 
police  court  and  shall  also  furnish  the  necessary  dockets,  blanks,  stationery, 
and  supplies  for  the  carrying  on  of  the  business  of  said  courts.  One  docket  shall 
be  styled  "The  City  Criminal  Docket,"  in  w^hich  all  the  criminal  business  of 
said  court  shall  be  recorded,  and  each  case  shall  be  alphabetically  indexed.  An- 
other docket  shall  be  styled  "The  City  Civil  Docket,"  and  it  shall  contain  each 
and  every  civil  case  in  which  the  city  is  a  party,  or  which  is  prosecuted  or 
defended  for  her  interest,  and  each  case  shall  be  properly  indexed. 

§  10.  The  police  court  shall  be  always  open,  except  upon  non-judicial  days, 
and  then  for  such  purposes  only  as  by  law  permitted  or  required  of  other  courts 
of  this  state. 

§  11.  Appeals  may  be  taken  from  any  judgment  of  said  police  court  to  the 
superior  court  of  the  county  in  which  such  city  may  be  located,  in  the  same 
manner  in  which  appeals  are  taken  from  the  justices'  courts  in  like  cases. 

§  12.  In  all  cases  of  imprisonment  of  persons  convicted  in  said  police  court 
of  any  offense  committed  in  the  city,  the  person  so  to  be  imprisoned,  or  by 
ordinance  required  to  labor,  shall  be  imprisoned  in  the  city  jail,  or,  if  required 
to  labor,  shall  labor  in  the  city. 

§  13.     Said  courts  shall  have  a  seal,  to  be  furnished  by  the  city. 

§  14.  The  city  justices  shall  on  the  first  Tuesday  of  each  month  make  to  the 
city  council  a  full  and  complete  report  of  all  the  cases,  civil  and  criminal,  in 
which  the  city  has  an  interest,  or  which  are  required  to  be  entered  in  the  city 
civil  docket  or  the  city  criminal  docket,  such  report  to  be  made  upon  blanks 
furnished  by  the  city  council  and  in  such  form  as  they  may  require. 

§  15.  Certified  transcripts  of  the  dockets  or  files  of  said  court,  certified  by 
the  clerk  of  said  court  under  the  seal  of  said  court,  shall  be  evidence  in  any 
court  of  this  state  of  the  contents  of  said  docket  or  of  said  files,  as  the  case  may 
be ;  and  all  warrants  and  other  process  issued  out  of  said  court  and  all  acts  done 
by  said  court  and  certified  under  its  seal,  shall  have  the  same  force  and  validity 
in  any  part  of  this  state  as  though  issued  or  done  by  any  court  of  record  of 
this  state. 


police:  courts— police— hours  of  service,  and  increase  or.       looi 

§  16.  This  act  shall  take  eifeet  and  be  in  force  from  and  after  the  thirtieth 
day  of  March,  A.  D.  nineteen  hundred  and  one. 

See  next  foHowing  act,  relating  to  prosecuting-  attorneys  for  courts  establislied  by  the 
foregoing  act. 

POLICE  COURTS— PROSECUTING  ATTORNEYS. 

To  provide  for  prosecuting  attorneys  of  police  courts  in  cities  of  the  second 
class,  and  regulating  the  compensation  of  such  officers. 

(Stats.  1901,  664,  ch.  CCXXVI.) 

§  1.  The  police  court  in  all  cities  of  the  second  class  shall  have  a  prosecuting 
attorney,  to  be  appointed  by  the  district  attorney  of  the  county  in  which  said 
city  is  situated,  who  shall  hold  office  for  the  period  of  four  years  from  the  date 
of  his  appointment.  He  shall  receive  an  annual  salary  of  two  thousand  (2,000) 
dollars,  payable  in  equal  monthly  instalments,  out  of  the  treasury  of  said  city, 
which  salary  shall  be  in  full  compensation  for  all  services  rendered  by  him. 
It  shall  be  the  duty  of  said  prosecuting  attorney  to  attend  the  sessions  of  said 
court,  and  conduct  on  behalf  of  the  people  all  prosecutions  for  public  offenses 
of  which  said  court  has  jurisdiction. 

§  2.     All  other  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  3.     This  act  shall  be  in  full  force  and  effect  from  and  after  its  passage. 

POLICE— HOURS  OF  SERVICE. 

Regulating  the  hours  of  service  on  regular  duty  by  membei's  of  the  police  depart- 
ment of  cities  of  the  first  class,  cities  and  counties,  cities  of  the  first  and  one 
half  class,  and  cities  of  the  second  class. 

(Stats.  1903,  51,  ch.  XLVI.) 

§  1.  In  all  cities  of  the  first  class,  cities  and  counties,  cities  of  the  first  and  one 
half  class,  and  cities  of  the  second  class  of  this  state  where  a  regular  police 
department  is  maintained,  patrol  captains,  lieutenants,  sergeants,  and  regular 
officers  shall  be  required  to  serve  on  duty  not  longer  than  eight  hours  in  every 
twenty- four  hours;  provided,  that  in  case  of  riot  or  other  emergency,  every  at- 
tache of  the  police  department  shall  perform  such  duty  and  for  such  time  as  the 
directing  authority  of  the  department  shall  require. 

§  2.     This  act  shall  take  effect  immediately. 

POLICE— INCREASE  OF. 

To  increase  the  police  force  in  the  various  cities,  and  cities  and  counties,  and 
towns  of  the  state,  and  to  provide  for  the  appointment  of  such  extra  police 
officers  and  for  the  payment  of  their  salaries. 

(Stats.  1891,  10,  ch.  XV.) 

§  1.  The  board  of  supervisors,  board  of  trustees,  or  common  council  of  a 
city,  or  city  and  county,  or  town  of  this  state,  of  the  first,  second  or  fourth  classes, 
are  hereby  authorized  and  empowered  to  increase  the  police  force  of  their 
respective  cities,  and  cities  and  counties,  or  towns,  from  time  to  time,  as  may 
be  deemed  necessary  by  said  common  council,  board  of  trustees,  or  board  of  super- 


10C2  POLICE— INCREASE    OF— INSURAXCE    OF— HEALTH,    LIFE,    ETC. 

visors;  provided,  that  the  police  force  in  any  city  or  city  and  county  shall  not 
exceed  in  the  aggregate,  at  any  time,  one  member  for  every  five  hundred  in- 
habitants of  such  city  or  city  and  county;  provided  further,  that  in  cities  of 
the  third  class  the  police  force  shall  not  exceed  in  the  aggregate,  at  any  time,  one 
member  for  every  one  thousand  inhabitants  of  said  cities,  according  to  the 
latest  census  of  the  United  States ;  said  additional  police  force  to  be  appointed 
by  the  board  of  police  commissioners  or  other  board  or  authority  now  by  law 
empowered  to  appoint  police  officers  in  their  respective  cities  or  cities  and 
counties,  or  towns. 

§  2.  The  salary  of  additional  police  officers  hereby  authorized  shall  be  of  the 
same  amounts  for  each  officer  as  is  now  paid  by  law  to  the  other  members  of 
such  police  force  in  their  respective  cities,  or  cities  and  counties,  or  towns ;  and 
said  additional  police  officers  shall  be  paid  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  other  members  of  their  respective  police 
forces  are  now  or  shall  hereafter  be  paid. 

§  3.  The  terms  common  council,  board  of  trustees,  and  board  of  supervisors 
are  hereby  declared  to  include  any  body  or  board  which,  under  the  law,  is  the 
legislative  department  of  the  government  of  any  city,  or  city  and  county,  or 
town. 

§  4.     This  act  shall  be  in  force  and  effect  from  and  after  its  passage. 

POLICE— INSURANCE. 

To  create  a  police  relief,  health,  and  life  insurance  and  pension  fund  in  the 

several  counties,  cities  and  counties,  cities,  and  towns  of  the  state. 

(Stats.   1889,   56,   ch.   LXII;    amended   1891,    287,    eh.    CCX;   1891,   469,    eh. 

CCXLVIII;  1897,  52,  ch.  LVII.) 

§  1.  The  chairman  of  the  board  of  supervisors  of  the  county,  city  and  county, 
city,  or  incorporated  town  in  which  there  is  no  board  of  police  commissioners, 
the  treasurer  of  the  county,  city  and  county,  or  incorporated  town,  and  the 
chief  of  police,  and  their  successors  in  office,  are  hereby  constituted  a  board  of 
trustees  of  the  police  relief  or  pension  fund  of  the  police  department,  to  pro- 
vide for  the  disbui"sement  of  the  same  and  to  designate  the  beneficiaries  thereof 
as  hereinafter  directed,  which  board  shall  be  known  as  the  "Board  of  Police 
Pension  Fund  Commissioners;"  provided,  however,  that  where  there  is  in  any 
county,  city  and  county,  city,  or  town,  a  board  of  police  commissioners,  then 
such  body  shall  constitute  said  board  of  trustees  of  the  police  relief  and  pension 
fund  of  the  police  department.     [Amendment,  Stats.  1891,  469.] 

§  2.  They  shall  organize  as  such  board  by  choosing  one  of  their  number  as 
chairman,  and  by  appointing  a  secretary.  The  treasurer  of  the  county,  city  and 
county,  city,  or  town,  shall  be  ex  officio  treasurer  of  said  fund.  Such  board 
of  trustees  shall  have  charge  of  and  administer  said  fund,  and  to  order  payments 
therefrom  in  pursuance  of  the  provisions  of  this  act.  They  shall  report  an- 
nually, in  the  month  of  June,  to  the  board  of  supervisors,  or  other  governing 
authority  of  the  county,  city  and  county,  city,  or  incorporated  town,  the  condi- 
tion of  the  police  relief  and  pension  fund,  and  the  receipts  and  disbursements  on 
account  of  the  same,  with  a  full  and  complete  list  of  the  beneficiaries  of  said 
fund  and  the  amounts  paid  them.     [Amendment,  Stats.  1891,  469.] 


FOLICIi:   INSURANCE— HEALTH    AND    LIFE— PENSIONS.  1063 

§  3.  Whenever  any  person  at  the  taking  effect  of  this  act,  or  thereafter 
shall  have  been  duly  appointed  or  selected  and  sworn,  and  have  served  for 
twenty  years,  or  more,  in  the  aggregate,  as  a  member,  in  any  capacity  or  any  rank 
whatever,  of  the  regularly  constituted  police  department  of  any  such  county, 
city  and  county,  city,  or  town  which  may  hereafter  be  subject  to  the  provisions 
of  this  act,  said  board  may,  if  it  see  fit,  order  and  direct  that  such  person  after 
becoming  sixty  years  of  age  be  retired  from  further  service  in  such  police  de- 
partment, and  from  the  date  of  the  making  of  such  order  the  service  of  such 
person  in  such  police  department  shall  cease,  and  such  person  so  retired  shall 
thereafter,  during  his  lifetime,  be  paid  from  such  fund  a  yearly  pension  equal 
to  one  half  of  the  amount  of  salary  attached  to  the  rank  which  he  may  have  held 
in  said  police  department  for  the  period  of  one  year  next  preceding  the  date  of 
such  retirement.     [Amendment,  Stats.  1897,  52.] 

§  4.  AVhenever  any  person,  while  serving  as  a  policeman  in  any  such  county, 
city  and  county,  city,  or  town,  shall  become  physically  disabled  by  reason  of 
any  bodily  injury  received  in  the  immediate  or  direct  performance  or  discharge 
of  his  duty  as  such  policeman,  said  board  may,  upon  his  written  request,  or 
without  such  request,  if  it  deem  it  to  be  for  the  good  of  said  police  force,  retire 
such  person  from  said  department,  and  order  and  direct  that  he  shall  be  paid 
from  said  fund,  during  his  lifetime,  a  yearly  pension  equal  to  one  half  of  the 
amount  of  salary  attached  to  the  rank  which  he  may  have  held  on  such  police 
force  at  the  date  of  such  retirement,  but  on  the  death  of  such  pensioner  his 
heirs  or  assigns  shall  have  no  claim  against  or  upon  such  police  relief  or  pension 
fund;  provided,  that  whenever  such  disability  shall  cease  such  pension  shall 
cease,  and  such  person  shall  be  restored  to  active  service  at  the  same  salary  he 
received  at  the  time  of  his  retirement.     [Amendment,  Stats.  1897,  52.] 

§  5.  No  person  shall  be  retired,  as  provided  in  the  next  preceding  section, 
or  receive  any  benefit  from  said  fund,  unless  there  shall  be  filed  with  said  board 
certificates  of  his  disability,  which  certificates  shall  be  subscribed  and  sworn 
to  by  said  person,  and  by  the  county,  city  and  county,  citj%  or  town  physician 
(if  there  be  one),  and  two  regularly  licensed  practising  physicians  of  such 
county,  city  and  county,  city,  or  town,  and  such  board  may  require  other  evi- 
dence of  disability  before  ordering  such  retirement  and  payment  as  aforesaid. 

§  6.  Whenever  any  member  of  the  police  department  of  such  county,  city  and 
county,  city,  or  town,  shall  lose  his  life  w-hile  in  the  performance  of  his  duty, 
leaving  a  widow,  or  child  or  children  under  the  age  of  sixteen  years,  then  upon 
satisfactory  proof  of  such  facts  made  to  it,  such  board  shall  order  and  direct 
that  a  yearly  pension,  equal  to  one  third  the  amount  of  the  salary  attached  to 
the  rank  which  such  member  held  in  said  police  department  at  the  time  of  his 
death,  shall  be  paid  to  such  widow  during  her  life,  or  if  no  widow,  then  to  the 
child  or  children,  until  they  shall  be  sixteen  years  of  age;  provided,  if  such 
widow,  or  child  or  children,  shall  marry,  then  such  person  so  marrying  shall 
thereafter  receive  no  further  pension  from  such  fund. 

§  7.  Whenever  any  member  of  the  police  department  of  such  county,  city  and 
county,  city,  or  town  shall,  after  ten  years  of  service,  die  from  natural  causo.s, 
then  his  widow  or  children,  or  if  there  be  no  widow  or  children,  then  his  mother 
or  unmarried  sisters,  shall  be  entitled  to  the  sum  of  one  thousand  dollars  from 
such  fund.     [Amendment,  Stats.  1891,  287.] 


1064  POLICE    INSURANCE— HEALTH    AND    LIFE — PENSIONS. 

§  8.  Any  person  retired  for  disability  under  this  act  may  be  summoned 
before  the  board  herein  provided  for  at  any  time  thereafter,  and  shall  submit 
himself  thereto  for  examination  as  to  his  fitness  for  duty,  and  shall  abide  the 
decision  and  order  of  such  board  with  reference  thereto ;  and  all  members  of  the 
police  force  who  may  be  retired  under  the  provisions  of  this  act  shall  report 
to  the  chief  of  police  of  the  county,  city  and  county,  city,  or  town  where  so 
retired,  on  the  first  Mondays  of  April,  July,  October,  and  January  of  each 
year;  and  in  cases  of  great  public  emergency  may  be  assigned  to  and  shall 
perform  such  duty  as  said  chief  of  police  may  direct;  and  such  persons  shall 
have  no  claim  against  the  county,  city  and  county,  city,  or  town,  for  payment 
for  such  duty  so  performed. 

§  9.  When  any  person  who  shall  have  received  any  benefit  from  said  fund 
shall  be  convicted  of  any  felony,  or  shall  become  an  habitual  drunkard,  or  shall 
become  a  non-resident  of  this  state,  or  shall  fail  to  report  himself  for  examina- 
tion for  duty  as  required  herein,  unless  excused  by  the  board,  or  shall  disobey 
the  requirements  of  said  board  under  this  act,  in  respect  to  said  examination  or 
duty,  then  such  board  shall  order  that  such  pension  allowance  as  may  have 
been  granted  to  such  person  shall  immediately  cease,  and  such  person  shall 
receive  no  further  pension,  allowance,  or  benefit  under  this  act. 

§  10.  The  board  herein  provided  for  shall  hold  quarterly  meetings  on  the  first 
Mondays  of  April,  July,  October,  and  January  of  each  year,  and  upon  the  call 
of  its  president;  it  shall  biennially  select  from  its  members  a  president  and 
secretary;  it  shall  issue  warrants,  signed  by  its  president  and  secretary,  to  the 
persons  entitled  thereto  of  the  amount  of  money  ordered  paid  to  such  persons 
from  such  fund  by  said  board,  which  warrant  shall  state  for  what  purpose  such 
payment  is  to  be  made ;  it  shall  keep  a  record  of  all  its  proceedings,  which  record 
shall  be  a  public  record ;  it  shall,  at  each  quarterly  meeting,  send  to  the  treasurer 
of  the  county,  city  and  county,  city,  or  town,  and  to  the  auditor  of  such  county, 
city  and  county,  city,  or  town,  a  written  or  printed  list  of  all  persons  entitled  to 
payment  from  the  fund  herein  provided  for,  stating  the  amount  of  such  pay- 
ments and  for  what  granted,  which  list  shall  be  certified  to  and  signed  by  the 
president  and  secretary  of  such  board,  attested  under  oath.  The  auditor  shall 
thereupon  enter  a  copy  of  said  list  upon  a  book  to  be  kept  for  that  purpose,  and 
which  shall  be  known  as  "The  Police  Relief  and  Pension  Fund  Book."  When 
such  list  has  been  entered  by  the  auditor,  he  shall  transmit  the  same  to  the  board 
of  supervisors,  or  other  governing  authority  of  such  county,  city  and  county, 
city,  or  town,  which  board  of  authority  shall  order  the  payment  of  the  amounts 
named  therein  out  of  "The  Police  Relief  and  Pension  Fund."  A  majority  of 
all  the  members  of  said  board  herein  provided  for  shall  constitute  a  quorum,  and 
have  power  to  transact  business. 

§  11.  The  board  herein  provided  for  shall,  in  addition  to  other  powers  herein 
granted,  have  power, — 

First — To  compel  witnesses  to  attend  and  testify  before  it,  upon  all  matters 
connected  with  the  operation  of  this  act,  in  the  same  manner  as  is  or  may  be 
provided  by  law  for  the  taking  of  testimony  before  notaries  public;  and  its 
president,  or  any  member  of  said  board,  may  administer  oaths  to  such  witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the  payment  from  said 


POLICE   INSURANCE — HEALTH   AND    LIFE— POLICE   RELIEF,  ETC.,   FUND.      1065 

fund  of  all  its  necessary  expenses  includinsr  secretary  hire  and  printing;  pro- 
vided, that  no  compensation  or  emolument  shall  be  paid  to  any  member  of  said 
board  for  any  duty  required  or  performed  under  this  act. 

Third — To  make  all  needful  rules  and  regulations  for  its  guidance,  in  con- 
formity with  the  provisions  of  this  act. 

§  12.  The  board  of  supervisors,  or  other  governing  authority,  of  any  county, 
city  and  county,  city,  or  town,  shall,  for  the  purposes  of  said  "Police  Relief  and 
Pension  Fund"  hereinbefore  mentioned,  direct  the  payment  annually,  and  when 
the  tax  levy  is  made,  into  said  fund,  of  the  following  moneys : — 

First — Not  less  than  five  nor  more  than  ten  per  centum  of  all  moneys  collected 
and  received  from  licenses  for  the  keeping  of  places  wherein  spirituous,  malt,  or 
other  intoxicating  liquors  are  sold. 

Second — One  half  of  all  moneys  received  from  taxes  or  from  licenses  upon 
dogs. 

Third — All  moneys  received  from  fines  imposed  upon  the  members  of  the 
police  force  of  said  county,  city  and  county,  city,  or  town,  for  violation  of  the 
rules  and  regulations  of  the  police  department. 

Fourth — All  proceeds  of  sales  of  unclaimed  property. 

Fifth — Not  less  than  one  fourth  nor  more  than  one  half  of  all  moneys  received 
from  licenses  from  pawnbrokers,  billiard-hall  keepers,  second-hand  dealers,  and 
junk  stores. 

Sixth — All  moneys  received  from  fines  for  carrying  concealed  weapons. 

Seventh — Twenty-five  per  centum  of  all  fines  collected  in  money  for  violation 
of  county,  city  and  county,  city,  or  town  ordinances. 

Eighth — All  rewards  given  or  paid  to  members  of  such  police  force,  except 
such  as  shall  be  excepted  by  the  chief  of  police. 

Ninth — The  treasurer  of  any  county,  city  and  county,  city,  or  town  shall  re- 
tain from  the  pay  of  each  member  of  police  department  the  sum  of  two  dollars 
per  month,  to  be  forthwith  paid  into  said  police  relief  and  pension  fund,  and  no 
other  or  further  retention  or  deduction  shall  be  made  from  such  pay  for  any 
other  fund  or  purpose  whatever. 

§  13.  Any  police  life  and  health  insurance  fund,  or  any  fund  provided  by  law, 
heretofore  existing  in  any  county,  city  and  county,  city,  or  town,  for  the  relief 
or  pensioning  of  police  officers,  or  their  life  or  health  insurance,  or  for  the 
payment  of  a  sum  of  money  on  their  death,  shall  be  merged  with,  paid  into,  and 
constitute  a  part  of  the  fund  created  under  the  provisions  of  this  act;  and  no 
person  who  has  resigned  or  been  dismissed  from  said  police  department  shall  be 
entitled  to  any  relief  Erom  such  fund;  provided,  that  any  person,  who,  within 
one  year  prior  to  the  passage  of  this  act,  has  been  dismissed  from  the  police 
department  for  incompetency  or  inefficiency,  and  which  incompetency  or  in- 
efficiency was  caused  solely  by  sickness  or  disability  contracted  or  suffered  while 
in  service  as  a  member  thereof,  and  who  has,  prior  to  said  dismissal,  served  for 
twelve  or  more  years  as  such  member,  shall  be  entitled  to  all  the  benefits  of 
this  act. 

§  14.  On  the  last  day  of  June  of  each  year,  or  as  soon  thereafter  as  prac- 
ticable, the  auditor  of  such  county,  city  and  county,  city,  or  town  shall  make  a 
report  to  the  board  of  supervisors,  or  other  governing  authority  of  such  county, 


1066  POLICE— ON    CARS— YEARLY    VACATION. 

city  and  eoniity,  city,  or  town,  of  all  moneys  paid  out  on  account  of  said  fund 
during  the  previous  year,  and  of  the  amount  then  to  the  credit  of  the  "Police 
Belief  and  Pension  Fund,"  and  all  surplus  of  said  fund  then  remaining  in  said 
fund  exceeding  the  average  amount  per  year  paid  out  on  account  of  said  fund 
during  the  three  years  next  preceding,  shall  be  transferred  to  and  become  a 
part  of  the  general  fund  of  every  such  county,  city  and  county,  city,  or  town, 
and  no  longer  under  the  control  of  said  board,  or  subject  to  its  order.  Payments 
provided  for  in  this  act  shall  be  made  quarterly,  upon  proper  vouchers. 

§  15.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed, 

§  16.     This  act  shall  take  eflfect  from  and  after  its  passage. 

stats.     1889,     .56. — §7,     Slevin     vs.     PoHce-  Stats.   1891,   287. — Kavanagh   vs.    Board    P. 

Fund  CoTXirs..   123  Cal.   130.   55  Pac.   Rep.  785,  P.  P.  Comrs.,  134  Cal.  50,  51,  66  Pac.  Rep.  36. 

44  L.   R.   A.    114;   §13,   Clarke  vs.   Police   Life  Stats.     1897,    52. — Clarke     vs.     Police     Life 

Ins.    Board,    123    Cal.    24,    25,    55    Pac.    Rep.  Ins.    Board,    127    Cal.    550,    551,    59    Pac,   Rep. 

576.  994. 

POLICE— ON  CARS,  BOATS,  ETC. 

To  provide  for  the  appointment  of  policemen,  with  the  powers  of  peace  officers, 
to  serve  upon  the  premises,  cars  or  boats  of  railroad  and  steamship  com- 
panies, 

(Stats.  1901,  666,  ch.  CCXXVIII.) 

§  1.  The  governor  of  the  state  of  California  is  hereby  authorized  and 
empowered,  upon  the  application  of  any  railroad  or  steamboat  company,  to 
appoint  and  commission  during  his  pleasure  one  or  more  persons  designated 
by  such  company  and  to  serve  at  the  expense  of  such  company,  as  policeman 
or  policemen,  with  the  powers  of  peace  officers,  and  who,  after  being  duly 
sworn,  may  act  as  such  policeman  or  policemen  upon  the  premises,  cars  or 
boats  of  such  company.  The  company  designating  such  person  or  persons 
shall  be  responsible  civilly  for  any  abuse  of  his  or  their  authority, 

§  2.  Every  such  policeman  shall,  when  on  duty,  wear  in  plain  view  a  shield 
bearing  the  words  "railroad  police,"  or  "steamboat  police^"  as  the  case  may 
be,  and  the  name  of  the  company  for  which  he  is  commissioned. 

§  3,     This  act  shall  take  effect  immediately. 

POLICE— VACATIONS. 

Authorizing  and  requiring  boards  or  commissions  having  the  management 
and  control  of  paid  police  force  to  grant  the  members  thereof  yearly  vaca- 
tions. 

(Stats.  1891,  47,  ch.  XLIX.) 

§  1.  In  every  city  or  city  and  county  of  this  state  where  there  is  a  regu- 
larly organized  paid  police  force,  the  board  of  supervisors,  common  council, 
commissions,  or  other  body  having  the  management  and  control  of  the  same, 
are  authorized  and  required  once  in  every  year  to  provide  for  granting  each 
member  thereof  a  leave  of  absence  from  active  duty  for  a  period  of  not  less 
than  ten  nor  more  than  fifteen  daj^s.  Leaves  of  absence  so  granted  must  be 
arranged  by  said  board  or  commission  [s]  so  as  not  to  interfere  with  the  police  pro- 


posse:    COMITATUS— poultry    experiment     station.  1007 

tection  of  any  such  city  or  city  and  county,  or  to  impair  in  any  way  the 
efficiency  of  the  department;  and  leaves  of  absence  granted  in  case  of  sickness 
or  in  consequence  of  wounds  or  injuries  received  while  in  the  discharge  of  duty 
shall  not  be  construed  to  be  or  become  a  part  of  the  leave  of  absence  provided 
for  by  this  act.  No  deduction  must  be  made  from  the  pay  of  any  police  ofiieer 
granted  a  leave  of  absence  under  provisions  of  this  act. 
§  2.     This  act  shall  take  effect  immediately. 

POLYTECHNIC   SCHOOL. 

See  tit.  California  Poljrtechnic  School, 

POOR. 

See  tit.  Indigent  Persons. 

POPPY. 

See  tit.  State  Flower. 

POSSE    COMITATUS. 

To  authorize  boards  of  supervisors  to  pay  the  expenses  of  posse  comitatus  in 

criminal  cases. 

(Stats.  1880,  102,  ch.  XCIII.) 

§  1.  The  board  of  supervisors  of  any  county  may  allow,  in  their  discretion, 
such  compensation  as  they  may  deem  just,  to  defray  the  necessary  expenses 
that  have  been  incurred  by  a  posse  comitatus  in  criminal  cases;  provided,  no 
claim  shall  be  allowed  for  expenses  which  have  not  been  incurred  within  one 
year  before  such  allowance. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

POST   MORTEM  EXAMINATIONS. 
See  tit.  Coroners. 

As  to  physician's  chnrge  for,  see  Christie  vs.  Sonoma  County,   60  Cal.   164,  165. 

POULTRY— EXPERIMENT    STATION. 

To  establish  a  poultry  experiment  station  in  the  county  of  Sonoma,  and  making 

an  appropriation  therefor. 

(Stats.  1903,  143,  ch.  CXXXIII.) 

§  1,  There  is  hereby  established  in  the  county  of  Sonoma,  at  or  near  the 
city  of  Petaluma,  a  poultry  experiment  station,  to  be  known  as  the  * '  California 
Poultry  Experiment  Station." 

§  2.  The  purposes  of  said  station  shall  be  the  study  of  the  diseases  of 
poultry  to  ascertain  the  causes  of  such  diseases,  and  to  recommend  treatment 
for  the  prevention  and  cure  of  the  same ;  to  ascertain  the  relative  value  of 
poultry  foods  for  the  production  of  flesh,  fat,  eggs,  and  feathers;  to  recom- 
mend methods  of  sanitation,  and  to  conduct  investigations  for  the  purpose  of 
securing  results  conducive  to  the  promotion  of  the  poultry  interests  of  the 


1068         POULTRY    EXPERIMENT    STATION— PRESTON    SCHOOL.    OF    INDUSTRY. 

state.  This  act  shall  be  liberally  construed  to  the  end  that  the  station  hereby- 
established  may  at  all  times  contribute  to  the  technical  and  general  knowledge 
of  the  public  upon  the  subject  of  poultry  husbandry. 

§  3.  The  said  station  shall  be  under  the  supervision  of  the  director  of  the 
agricultural  experiment  stations  of  the  state  of  California,  who  shall,  from  time 
to  time,  cause  to  be  issued  bulletins  of  information  regarding  the  care  of 
poultry. 

§  4.  Within  thirty  days  after  the  passage  of  this  act  the  governor  shall 
appoint  three  persons,  two  of  whom  shall  be  from  the  staff  of  professors  in  the 
agricultural  department  of  the  University  of  California,  and  one  a  practical 
poultry  raiser,  which  said  persons  shall  constitute  a  board  or  commission  to 
select  and  secure  a  site  of  not  less  than  five  acres  for  such  poultry  experiment 
station.  Such  board  shall  have  full  power  to  secure  such  site,  by  lease,  pur- 
chase, or  donation  thereof,  and  shall  proceed  to  the  performance  of  the  duties 
herein  imposed  within  thirty  days  after  receiving  notice  of  their  appointment. 

§  5.  All  moneys  appropriated  for  the  use  of  the  station  hereby  established 
shall  be  under  the  control  of  the  regents  of  the  University  of  California. 

§  6.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury,  not  otherwise  appropriated,  for  securing  the  neces- 
sary site,  and  for  equipping  and  maintaining  said  California  poultry  experi- 
ment station  as  provided  by  this  act.  Of  the  amount  herein  appropriated,  the 
sum  of  two  thousand  five  hundred  dollars  shall  be  available  during  the  fiscal 
year  nineteen  hundred  three  and  nineteen  hundred  four,  and  two  thousand  five 
hundred  dollars  shall  be  available  during  the  fiscal  year  nineteen  hundred  four 
and  nineteen  hundred  five. 

§  7.  The  state  controller  is  hereby  authorized  to  draw  his  warrants  for  the 
sum  herein  appropriated  in  favor  of  the  treasurer  of  the  regents  of  the  Uni- 
versity of  California,  and  the  state  treasurer  is  hereby  directed  to  pay  the 
same. 

§  8.     This  act  shall  take  effect  immediately. 

PRESTON  SCHOOL  OF  INDUSTRY. 

To  establish  a  school  of  industry,  to  provide  for  the  maintenance  and  manage- 
ment of  the  same,  and  to  make  an  appropriation  therefor. 
(Stats.  1889,  100,  ch.  CIII;  amended  1893,  39,  ch.  XXII.) 

§  1.  There  shall  be  established  at  or  within  a  convenient  distance  from 
lone  City,  in  the  county  of  Amador,  in  said  state,  an  educational  institution 
to  be  designated  as  the  Preston  school  of  industry. 

§  2.  The  sum  of  one  hundred  and  sixty  thousand  dollars  is  hereby  appro- 
priated out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated, 
for  the  purpose  of  purchasing  and  preparing  grounds  for  the  erection  of  build- 
ings thereon,  for  the  purchase  of  the  necessary  furniture,  machinery  and 
supplies,  and  for  the  payment  of  the  current  expenses  of  said  school. 

§  3.  The  general  government  and  supervision  of  said  school  shall  be  vested 
in  a  board  of  trustees  consisting  of  three  citizens  of  the  state  of  California, 
who  shall  be  appointed  by  the  governor.     The   members   of   said  board  shall 


PRESTON    SCHOOL    OF   INDUSTRY— SELECTION    OF    SITE— PLAN.  1069 

hold  their  offices  for  the  respective  terms  of  two,  three  and  four  years,  from 
the  first  day  of  July,  eighteen  hundred  and  ninety-three,  and  until  their  suc- 
cessors shall  be  appointed  and  qualified,  said  respective  terms  to  be  designated 
in  their  appointments ;  and  thereafter,  upon  the  expiration  of  such  terms,  there 
shall  be  one  of  said  board  appointed,  whose  term  of  office  shall  be  continued 
four  years,  and  until  his  successor  is  appointed  and  qualified.  Said  trustees, 
before  entering  on  the  discharge  of  the  duties  of  their  office,  shall  each  take 
an  oath  faithfully  to  discharge  the  same.     [Amendment,  Stats.  1893,  39.] 

§  4.  The  board  shall,  with  all  convenient  dispatch,  select  and  establish  a 
site  at  some  suitable  place  in  said  county  for  said  institution,  and  procure  the 
right  of  way  for  suitable  drainage ;  said  site  to  contain  not  less  than  one  hun- 
dred acres  nor  more  than  three  hundred  acres  of  land,  to  have  water  facilities 
sufficient  for  the  uses  of  said  school,  and  for  power  in  operating  machinery; 
the  land  to  be  of  a  quality  suitable  for  general  farming  purposes,  and  adapted 
to  the  cultivation  of  vines  and  fruit  trees.  The  land  so  set  apart  by  said  pur- 
chase shall  hereafter  be  used  exclusively  for  the  occupancy  and  purposes  of 
said  school.  It  shall  be  indicated  by  fixed  corners  and  definite  boundaries. 
A  description  thereof,  together  with  the  deed  therefor,  shall  be  filed  w'ith  the 
secretary  of  state  at  his  office  within  thirty  days  after  the  purchase  of  the 
same. 

§  5.  Thereafter  the  board  shall  cause  to  be  prepared  and  shall  adopt  plans 
for  the  grounds,  buildings,  and  fixtures  necessary  for  such  an  institution,  of 
such  form,  dimensions,  and  style  as  to  it  shall  seem  best  adapted  to  the  pur- 
poses thereof.  In  the  preparation  of  such  plans,  and  in  the  construction  of 
the  buildings,  it  may  employ  a  competent  architect  at  a  reasonable  compensa- 
tion. 

§  6.  No  member  of  the  board  or  employee  of  the  institution  shall  be  inter- 
ested in  any  contract  or  enterprise  in  connection  with  said  school.  [Amend- 
ment, Stats.  1893,  39.] 

§  7.  This  act  shall  be  construed  as  the  sole  and  exclusive  act  on  the  subject- 
matter  contained  herein,  unless  specially  or  otherwise  herein  provided ;  and 
none  of  the  provisions  of  an  act  entitled  "An  act  to  regulate  contracts  on 
behalf  of  the  state  in  relation  to  erections  of  buildings,"  approved  March 
twenty-third,  eighteen  hundred  and  seventy-six,  or  any  other  act,  unless  herein 
specially  referred  to,  shall  apply  to  or  govern  or  limit  this  act,  or  any  of  the 
powers  or  duties  in  this  act  conferred  upon  said  board. 

§  8.  Nothing  in  this  act  contained  shall  be  so  construed  as  to  permit  any 
convict  or  convicts,  undergoing  sentence  in  either  of  the  state  prisons  of  Cali- 
fornia, to  associate  with,  or  be  so  employed  as  to  mingle  with,  any  person  or 
persons  undergoing  commitment  in  the  said  school. 

§  9.  The  said  school  shall  be  conducted  on  such  plan  as  to  the  board  may 
seem  best  calculated  to  carry  out  the  intentions  of  this  act,  and  its  inmates 
shall  be  subject  to  military  discipline,  including  daily  drill.  They  shall  be 
clothed  in  military  uniform  of  such  pattern  and  material  as  may  be  prescribed 
by  the  board,  but  under  no  circumstances  shall  such  inmates  be  clothed  in  con- 
vict stripes  while  undergoing  commitment  in  said  school.  [Amendment, 
Stats.  1893,  39.] 


1070       PRESTON  SCHOOL  OF  INDUSTRY— SUPERINTENDENT — BOND  AND   OATH. 

§  10.  The  members  of  the  board  shall  receive  no  compensation  for  their 
services,  but  shall  be  allowed  their  reasonable  expenses  incurred  while  in  the 
discharge  of  their  official  duties.  The  superintendent  shall  receive  a  salary, 
to  be  fixed  by  the  board,  not  to  exceed  three  thousand  dollars  per  annum. 
The  military  instructor  shall  receive  a  salary,  to  be  fixed  by  the  board,  not  to 
exceed  twelve  hundred  dollars  per  annum.  The  secretary  and  commissary 
shall  each  receive  a  salary,  to  be  fixed  by  the  board,  not  to  exceed  fifteen  hun- 
dred dollars  per  anniim.  The  salary  of  no  other  officer  or  employee  of  the 
school  shall  exceed  twelve  hundred  dollars  per  annum.  The  power  of  the 
board  to  fix  the  compensation  of  the  officers  and  employees,  as  provided  in 
section  twelve  of  this  act,  shall  be  subject  to  these  limitations.  [Amendment, 
Stats.  1893,  39.] 

§  11.  The  board  shall  elect  a  superintendent,  a  military  inspector,  and  a 
secretary.  The  superintendent  and  secretary  shall  give  such  bonds  for  the 
faithful  performance  of  their  duties  as  the  board  shall  determine.  The  bond 
of  the  superintendent  shall  be  for  a  sum  of  not  less  than  ten  thousand  dollars, 
and  that  of  the  secretary  of  not  less  than  five  thousand  dollars.  The  military 
instructor  must  be  a  man  who  is  a  good  disciplinarian,  and  skilled  in  military 
tactics.  He  shall  receive  from  the  governor  a  commission,  with  the  rank  of 
major.  He  shall  perform  such  duties  and  receive  such  salary  as  the  board 
may  prescribe.  The  board  shall  meet  once  in  three  months  for  the  transaction 
of  business.  Special  meetings  may  be  called  by  the  president  when  deemed 
necessary. 

§  12.  The  board  shall  cause  to  be  organized  and  maintained  a  department 
of  instruction  for  the  inmates  of  said  school,  with  a  course  of  study  correspond- 
ing, as  far  as  practicable,  with  the  course  of  studj^  in  the  public  schools  of  this 
state,  but  the  course  shall  not  be  higher  than  the  course  prescribed  in  grammar 
schools.  They  shall  adopt  a  system  of  government,  embracing  such  laws  and 
regulations  as  are  necessary  for  the  guidance  of  the  officers  and  employees, 
for  the  regulation  of  the  hours  of  study  and  labor,  for  the  preservation  of 
order,  for  the  enforcement  of  discipline  and  military  training,  for  the  preserva- 
tion of  health,  and  for  the  industrial  training  of  the  inmates.  The  ultimate 
purpose  of  all  such  instruction,  discipline,  and  industries  shall  be  to  qualify  the 
inmates  for  honorable  and  profitable  employment  after  their  release  from  the 
institution,  rather  than  to  make  said  institution  self-sustaining.  The  board 
shall  also  determine  the  number  of  officers  and  employees  required,  and  shall 
prescribe  their  duties  and  fix  the  amount  of  their  compensation. 

§  13.  The  superintendent,  before  entering  upon  the  discharge  of  his  duties, 
shall  make  and  file  with  the  board  an  oath  that  he  will  faithfully  and  impar- 
tially discharge  the  duties  of  his  office.  Thereupon  he  shall,  subject  to  the 
regulations  prescribed  by  the  board,  be  invested  with  the  custody  of  the  lands, 
buildings,  and  all  other  property  belonging  to  and  under  the  control  of  the 
said  institution.  He  shall  receive  for  his  services  a  salary  not  exceeding  the 
sum  of  three  thousand  dollars  per  annum.  He  shall  appoint,  except  as  here- 
inbefore provided,  all  officers  and  employees  of  said  institution,  who  shall  hold 
office  during  his  pleasure.  He  shall  provide  a  book  in  which  shall  be  registered 
the  name,  residence,  occupation,  and  religious  creed  of  every  boy  received  into 
the  school;  the  date  of  his  reception,  and  the  date  and  condition  of  his  dis- 


PRESTON    SCHOOL,    OF    INDUSTRY— COMMITiMKM'S    TO— HKKOUM.  1071 

charge;  the  names,  residence,  and  occupation  of  his  parents;  whether  the  boy 
was  apprenticed  or  not,  and  if  so  a])prenliced,  tlie  name,  residence,  and  occu- 
pation of  the  person  to  ^vhom  he  M^as  apprenticeci.  He  shall  have  charge  of 
all  persons  committed  to  the  institution  by  any  magistrate  or  court,  sliall  use 
his  best  efforts  to  employ,  instruct,  discipline,  and  reform  all  such  i)ersons 
under  his  charge,  and  shall  discharge  such  other  duties  as  the  said  board  may 
direct,  and  shall  at  all  times  be  subject  to  removal  by  the  board  for  incapacity, 
immorality,  negligence  of  duty,  or  cruelty  to  the  inmates. 
§  14.     [Repealed,  Stats.  1893,  39.J 

§  15.  When  any  bo}'  under  the  age  of  eighteen  years  shall  be  found  guilty, 
by  a  magistrate  or  court  of  competent  jurisdiction,  of  any  otl'ense  punishable 
by  fine  or  by  imprisonment,  or  by  both,  and  who,  in  the  opinion  of  such  magis- 
trate or  court,  would  be  a  fit  subject  for  commitment  to  the  said  school,  it 
shall  be  lawful  for  the  magistrate  or  court  to  suspend  judgment  or  sentence 
(except  when  the  penalty  is  life  imprisonment  or  death),  and  to  commit  such 
boy  to  the  said  school  for  a  period  not  exceeding  the  time  when  he  siiall  attain 
his  twenty-first  birthday,  unless  sooner  discharged  by  law,  or  as  in  this  act 
provided ;  but  no  boy  who  is  under  the  age  of  eight  years,  or  who  is  of  unsound 
mind,  shall  be  committed  to  the  said  school.  The  board  shall  have  authority 
to  make  rules  reducing,  as  the  reward  for  good  conduct,  the  time  for  which 
such  person  or  persons  have  been  committed.  It  shall  be  the  duty  of  all 
courts  and  magistrates  committing  any  boy  to  such  school  to  certify  to  the 
superintendent  thereof  the  age  of  the  person  so  committed  as  nearly  as  can 
be  ascertained  by  testimony  taken  under  oath  before  such  court  or  magistrate, 
or  in  such  manner  as  the  court  or  magistrate  may  direct. 

§  16.  Before  any  commitment,  made  by  a  police  court,  or  by  a  justice  of 
the  peace,  under  this  act,  shall  be  executed,  it  shall  be  approved  by  a  judge 
of  the  superior  court  of  the  county  in  which  the  police  court  or  justice  of  the 
peace  has  jurisdiction,  and  his  approval  indorsed  on  the  warrant  of  commit- 
ment. But  if  such  sentence  shall  be  disapproved,  the  police  court  or  justice 
of  the  peace  shall  then  impose  the  ordinary  sentence  prescribed  by  law. 

§  17.  It  shall  be  lawful  for  the  board,  whenever  it  may  deem  any  inmate  of 
said  institution  to  have  been  so  far  reformed  as  to  justify  his  discharge,  to 
give  him  an  honorable  dismissal,  and  to  cause  an  entry  of  the  reasons  for  such 
dismissal  to  be  made  in  the  book  of  records  prepared  for  that  purpose.  All 
persons  thus  honorably  dismissed,  and  all  those  who  shall  have  served  the  full 
term  of  their  respective  sentences,  shall  thereafter  be  released  from  all  pen- 
alties and  disabilities  resulting  from  the  offenses  or  crimes  for  which  they  were 
committed.  Upon  the  final  discharge  of  any  inmate  as  in  this  section  pro- 
vided,  the  superintendent  shalh immediately  certify  such  discharge  in  writing, 
and  shall  transmit  the  certificate  to  the  magistrate  or  court  by  which  such 
inmate  or  boy  was  committed.  Said  magistrate  or  court  shall  thereupon  dis- 
miss the  accusation  and  the  action  pending  against  said  person. 

§  18.  The  board  shall  have  authority  also  to  issue  certificates  of  conditional 
dismissal  and  parole  to  any  worthy  boy  confined  in  the  institution,  on  the 
following  conditions :  It  may  bind  such  boy,  by  articles  of  indenture,  to  any 
suitable  person,  who  will  engage  to  educate  him,  and  to  instruct  him  in  isome 


1072         PRESTON    SCHOOL.    OF    INDUSTRV— IJVCORRIGIBLES — AIDING    ESCAPE. 

useful  art  or  trade,  or  it  may  returu  him  to  his  parents,  or  it  may  phice  him 
under  the  care  of  ajay  reputable  person  who  is  a  citizen  and  a  resident  of  this 
state,  after  such  person,  parent,  guardian,  or  resident  citizen  shall  have  become 
bound  to  the  said  board,  with  good  and  sufficient  sureties,  conditioned  on  the 
proper  custody,  care,  education,  and  moral  and  industrial  training  of  the  said 
paroled  boy.  The  time  of  such  conditional  release  shall  be  made  subject  to 
good  behavior  and  continued  reformation  on  the  part  of  the  person  thus 
paroled.  Any  boy  who  violates  his  parole,  or  who  becomes  habitually  dis- 
obedient and  incorrigible,  may  be  returned  to  the  said  school  to  serve  the  unex- 
pired term  of  his  sentence,  on  complaint  of  his  guardian  and  the  written  requi- 
sition of  the  superintendent  of  the  said  school,  and  if  received  from  either  of 
the  state  prisons  may  be  returned  to  the  same.  Every  paroled  boy  who  prop- 
erly observes  and  obeys  the  condition  of  his  parole  until  the  date  of  the 
expiration  of  his  time  of  commitment  shall  be  entitled  to  all  the  benefits  and 
immunities  in  this  act  provided. 

§  19.  Any  boy  who  shall,  during  the  time  of  his  commitment,  be  found  incor- 
rigible, or  who  shall  be  an  improper  subject  for  detention  in  said  school,  may 
be  returned  to  the  magistrate  or  court  by  which  said  boy  was  committed ;  and 
upou  written  complaint  of  the  board,  attested  by  the  superintendent  and  filed 
with  the  original  complaint,  it  shall  be  lawful  for  said  court  or  magistrate  to 
enter  judgment  and  pass  such  sentence  as  would  have  been  lawful  at  the  time 
when  the  offender  was  first  committed  to  the  said  school,  and  if  committed 
from  either  of  the  state  prisons  may  be  returned  to  the  prison  whence  received 
to  serve  out  his  unexpired  term. 

§  20.  Any  boy  under  the  age  of  eighteen  years,  who  is  undergoing  sentence 
in  any  state  prison  in  this  state  (except  such  as  are  undergoing  a  life  sentence), 
and  who  shall  be  deemed  a  fit  subject  for  training  in  the  said  school,  may,  upon 
recommendation  of  the  state  board  of  prison  directors,  with  the  approval  of 
the  governor,  be  transferred  to  said  school  for  the  unexpired  period  of  his 
sentence,  and  when  honorably  discharged  from  said  school,  as .  hereinbefore 
provided,  shall  be  entitled  to  such  benefits  and  immunities  as  are  provided  for. 
the  other  inmates  of  the  institution, 

§  21.  Any  person  who  knowingly  permits  or  who  aids  any  boy  to  .escape 
from  the  said  school,  or  who  knowingly  promotes  his  departure,  or  conceals 
him  with  the  intent  of  enabling  such  escaped  boy  to  elude  pursuit,  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be  punished  according  to 
law.  Any  fugitive  from  said  institution,  or  from  the  parties  to  whom  he  is 
bound  out  or  apprenticed,  may  be  arrested  and  returned  to  the  institution  by 
any  person  upon  written  request  or  order  of  the  superintendent  directed  to 
such  person. 

§  22.  The  board  of  trustees  are  hereby  authorized  and  required  to  contract 
for  provisions,  clothing,  medicines,  forage,  fuel,  and  other  staple  supplies  of 
the  school  for  any  period  of  time  not  exceeding  one  year,  and  such  contracts 
shall  be  limited  to  bona  fide  dealers  in  the  several  classes  of  articles  contracted 
for.  Contracts  for  such  articles  as  the  board  may  desire  to  contract  for  shall 
be  given  to  the  lowest  bidder  at  a  public  letting  thereof,  and  if  the  price  bid 
is  a  fair  and  reasonable  one,  and  not  greater  than  the  usual  market  value  and 


PRESTON    SCHOOL    OF    INDUSTRY— CONTRACTS    ON    BIDS— WARRANTS.         1073 

prices.  Each  bid  shall  be  accompanied  by  such  security  as  the  board  may 
require,  conditioned  upon  the  bidder  entering  into  a  contract  upon  the  terms 
of  his  bid,  on  notice  of  the  acceptance  thereof,  and  furnishing  a  bond,  with 
good  and  sufficient  sureties,  in  such  sum  as  the  board  may  require,  and  to  their 
satisfaction,  that  he  will  faithfully  perform  his  contract.  If  the  proper  officer 
reject  any  article  as  not  complying  with  the  contract,  or  if  a  bidder  fail  to 
furnish  the  articles  awarded  to  him  when  required,  the  proper  officer  of  the 
school  may  buy  other  articles  of  the  kind  rejected  or  called  for,  in  the  open 
market,  and  deduct  the  price  thereof  over  the  contract  price  from  the  amount 
due  to  the  bidder,  or  charge  the  same  up  against  him.  Notice  of  the  time, 
place,  and  conditions  of  the  letting  of  contracts  shall  be  given  for  at  least  two 
consecutive  weeks  in  one  newspaper  printed  and  published  in  the  city  and 
county  of  San  Francisco,  in  one  newspaper  printed  and  published  in  the  city 
of  Sacramento,  and  in  one  newspaper  printed  and  published  in  the  county  of 
Amador.  If  ail  bids  made  at  such  letting  are  deemed  unreasonably  high,  the 
board  maj^,  in  their  discretion,  decline  to  contract,  and  may  again  advertise 
for  such  time  and  in  such  papers  as  they  see  proper  for  proposals,  and  may 
§0  continue  to  renew  the  advertisement  until  satisfactory  contracts  are  made ; 
and  in  the  meantime  the  board  may  contract  with  any  one  whose  offer  is  re- 
garded just  and  equitable,  or  may  purchase  in  the  open  market.  No  bid  shall 
be  accepted,  nor  a  contract  entered  into  in  pursuance  thereof,  when  such  bid 
is  higher  than  any  other  bid  at  the  same  letting  for  the  same  class  or  schedule 
of  articles,  quality  considered,  and  when  a  contract  can  be  had  at  such  lower 
bid.  "When  two  or  more  bids  for  the  same  article  or  articles  are  equal  in 
amount,  the  board  may  select  the  one  which,  all  things  considered,  may  by 
them  be  thought  best  for  the  interest  of  the  state,  or  they  may  divide  the  con- 
tract between  the  bidders,  as  in  their  judgment  may  seem  proper  and  right. 
The  board  shall  have  power  to  let  a  contract  in  the  aggregate,  or  they  may 
segregate  the  items  and  enter  into  a  contract  with  the  bidder  or  bidders  who 
may  bid  lowest  on  the  several  articles.  The  board  shall  have  the  power  to 
reject  the  bid  of  any  person  who  had  a  prior  contract,  and  who  had  not  in 
the  option  of  the  board  faithfully  complied  therewith.  [Amendment,  Stats. 
1893,  39.] 

§  23.  When  the  premises  are  ready  for  occupancy,  the  board  shall  certify 
such  fact  to  the  governor,  who  shall  make  due  proclamation  thereof.  There- 
after, it  shall  be  lawful  for  any  competent  magistrate  or  court  to  commit 
juvenile  offenders  to  the  institution,  as  herein  provided. 

§  24.  The  controller  of  state  is  hereby  authorized  and  directed,  on  requisi- 
tion of  the  said  board,  to  draw  his  warrant  on  the  state  treasurer  in  favor  of 
said  board,  to  pay  for  the  necessary  expenditures  in  the  establishment  and 
maintenance  of  the  said  school,  and  the  state  treasurer  is  authorized  to  pay  the 
same  from  the  appropriations  provided  for  in  this  act. 

§  25.  For  the  purpose  of  giving  practical  eft'ect  to  the  provisions  of  this 
act,  all  laws  or  parts  of  laws  which  conflict  with  the  provisions  hereof  are,  for 
the  purposes  of  this  act  only,  suspended,  and  hereby  made  inapplicable  to  any 
boy  committed  to  and  in  the  custody  of  said  school. 

§  26.     In  all  proceedings  relating  to  commitments  under  this  act,  the  fees 

Gen.   Laws — 68 


1074  PRESTON    SCHOOL    OF    INDUSTRY— CONSTRUCTION    OF    STATUTE}. 

and  compensation  of  the  sheriff  and  other  officers  of  the  court  shall  be  such 
as  are  allowed  by  law  for  like  proceedings  and  services  in  criminal  cases. 

§  27.  This  act  shall  be  construed  in  conformity  with  the  intent  as  well  as  with 
the  express  provisions  hereof,  and  shall  confer  upon  the  board  authority  to 
do  all  those  law^ful  acts,  from  time  to  time,  which  are  necessary  to  promote  the 
prosperity  of  the  institution  and  the  well-being  and  reformation  of  its  inmates, 
including  the  organization  of  trade  schools,  the  purchase  and  use  of  fixed  and 
movable  machinery,  the  erection  of  necessary  buildings  for  machinery  and 
other  purposes,  the  improvement  and  management  of  a  farm,  orchard,  and 
garden,  the  purchase  of  necessary  supplies  for  the  institution,  and  materials 
for  manufacture,  and  performance  of  all  other  necessary  and  lawful  acts,  not 
otherwise  prohibited,  which  may  be  required  to  comply  with  the  purposes  of 
this  act ;  but  nothing  herein  contained  shall  be  so  construed  as  to  permit  said 
board  to  incur  any  indebtedness  or  obligation  in  excess  of  the  appropriations 
allowed  by  law  for  the  establishment  and  maintenance  of  said  school. 

[In  addition  to  the  amendments  of  sections,  as  above  indicated,  the  act  of 
1893  contained  the  following  provisions: 

"§  7.  For  the  purpose  of  preventing  any  inconvenience  arising  from 
the  transfer  of  the  power  of  superintendence  and  government  of  said  school 
from  the  state  board  of  prison  directors  to  said  board  of  trustees,  this  act 
shall,  after  the  first  day  of  July,  eighteen  hundred  and  ninety-three,  confer 
and  devolve  upon  said  board  of  trustees  all  the  powers,  duties,  and  responsi- 
bilities conferred  or  devolved  upon  the  state  board  of  prison  directors,  by 
virtue  of  any  act  heretofore  passed  or  that  may  be  passed  in  relation  to  said 
school  at  the  present  session  of  the  legislature,  and  said  board  of  trustees  shall, 
so  far  as  the  government  and  control  of  said  school  or  any  appropriation  re- 
lating thereto  is  concerned,  become  and  remain  the  successors  of  said  state  board 
of  prison  directors. 

"§  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first  day 
of  July,  eighteen  hundred  and  ninety-three."] 

See   next   foHowing-   statute,   and   §§  15,  16,  As  to  conimitinents  to  this  school   and  to 

18 — Matter    of    Robinson,    138    Cal.    491.    493,  Whittier  State  School,  see  tit.  Wlilftier.  and 

71    Pac.    Rep.    690.      §  16 — Ex    parte    Nichols,  consult  Matter  of  Robinson,  above  cited. 
110  Cal.  651,  653,  43  Pac.  Rep.  9. 

PRESTON  SCHOOL  OF  INDUSTRY. 

To  prevent  evil-disposed  persons  from  coming  upon  the  grounds  of  the  Whittier 
state  school,  at  Whittier,  California,  or  the  Preston  school  of  industry  at 
lone. 

(Stats.  1895,  92,  ch.  CII.) 

§  1.  Any  person  who  shall  come  upon  the  grounds  of  the  Whittier  state 
school  at  Whittier,  or  Preston  school  of  industry  at  lone,  or  any  of  the  grounds 
ad.iacent  thereunto  where  inmates  are  employed,  and  leave  or  deposit  where 
inmates  may  have  access  thereunto,  any  guns,  pistols,  knives,  or  other  deadly 
weapons,  or  any  explosive  of  any  kind  whatsoever,  shall  be  guilty  of  felony, 
and  upon  conviction  thereof  shall  be  punished  by  imprisonment  in  the  state 
prison  for  a  term  not  to  exceed  three  years. 

§  2.     Any  person  who  shall  come  upon  the  grounds  of  the  Whittier  state 


PRESTON  SCHOOL,  OF  INDUSTRY— EXCLUSION  FROM  GROUNDS— LANDS.        1075 

school  at  "Wliittier,  or  Preston  school  of  industry  at  lone,  or  any  of  the  grounds 
adjacent  thereto  where  inmates  are  employed,  and  leave  or  deposit  where 
inmates  may  have  access  thereto,  any  whisky,  cigars,  cigarettes,  tobacco,  or 
any  other  narcotic  or  stimulant,  or  who  shall  furnish  to  any  of  the  inmates  of 
said  school  any  of  the  above-named  articles,  shall  be  guilty  of  a  misdemeanor. 

§  3,  Any  person  having  been  previously  convicted  of  a  felony,  and  who 
has  been  confined  in  either  of  the  state  prisons  of  this  state,  who  shall  com\3 
upon  the  grounds  of  the  Whittier  state  school,  or  Preston  school  of  industry 
at  lone,  or  communicate,  or  attempt  to  communicate,  with  any  of  the  innuites 
of  said  institution  without  the  consent  of  the  superintendents  or  other  officers 
in  charge  of  said  schools,  shall  be  guilty  of  a  felony,  and  upon  conviction  there- 
of shall  be  punished  by  confinement  in  either  of  the  state  prisons  of  this  state 
for  not  more  than  three  years. 

§  4.  Any  tramp,  vagrant,  or  person  who  is  a  known  associate  of  thieves, 
who  shall  come  upon  the  grounds  of  the  Whittier  state  school  or  Preston  school 
of  industry  at  lone,  or  grounds  adjacent  thereto,  and  communicate  with  any 
of  the  inmates  of  said  schools,  without  the  consent  of  the  superintendents 
thereof,  or  who  shall  visit  or  communicate  with  any  paroled  pupil  of  said  school 
with  a  view  to  induce  him  to  violate  the  conditions  of  his  parole,  or  w'ho  shall 
induce  by  threats,  intimidation,  or  persuasion,  such  paroled  pupil  to  leave  the 
guardian  under  whom  he  has  been  placed  by  the  superintendents  of  the  Whit- 
tier state  school,  or  Preston  school  of  [industry  at]  lone,  shall  be  guilty  of  a 
misdemeanor. 

§  5.  Any  person  who  shall  deliver,  or  agree  to  deliver,  any  literature,  let- 
ters, or  any  reading  matter  whatsoever  to  any  of  the  pupils  of  the  Whittier 
state  school,  or  Preston  school  of  industry  at  lone,  without  the  same  passing 
through  the  hands  of  the  superintendents  of  said  schools,  or  other  officer  desig- 
nated by  him  for  the  purpose  of  receiving  and  examining  such  literature, 
letters,  or  reading  matter,  shall  be  guilty  of  a  misdemeanor. 

This  act  shall  take  ejffect  immediately. 

PRESTON   SCHOOL   OF   INDUSTRY— LAND   FOR. 

To  provide  for  the  purchase  of  additional  land  for  the  Preston  scnool  of  in- 
dustry at  lone. 
(Stats.  1897,  422,  eh.  CCLXIII.) 

§  1.  The  board  of  trustees  of  the  Preston  school  of  industry  are  hereby  au- 
thorized to  purchase  from  Mrs.  Emma  Rendell,  for  the  state  of  California,  that 
tract  of  land  contiguous  to  the  tract  of  land  now  used  as  the  ranch  of  the 
Preston  school  of  industry  at  lone.  Said  land  to  be  purchased  being  described 
as  follows:  All  that  certain  tract  or  parcel  of  land  lying  and  being  in  lone 
Valley,  in  the  county  of  Amador,  in  the  state  of  California,  and  known  as  the 
Oak  Grove  Ranch,  and  bounded  and  described  as  follows:  Beginning  at  the 
northwest  corner  of  the  inclosure  opposite  the  Oak  Grove  House  on  the  road 
between  lone  City  and  the  "Q"  Ranch,  which  corner  is  six  chains  and  forty- 
six  links  from  the  north  side  of  said  road  measured  along  the  western  fence 
of  said  inclosure,  thence  running  across  "Mule"  Creek  south  seventy-five  de- 
grees and  fifteen  minutes  east  (true  bearing)  along  the  northern  fence  of  said 


1076  PRESTON    SCHOOL.    OF    INDUSTRY— PRISON    MATRONS. 

inclosure  forty-four  chains  to  corner  of  said  fence,  thence  continuing  the  said 
course  sixteen  chains  more,  making  in  all  sixty  chains  to  stake  marked  seven, 
thence  south  fourteen  degrees  forty-tive  minutes  west  (true  bearing),  crossing 
two  branches  of  the  aforesaid  road  forty  chains  to  a  stake  marked  seven,  thence 
north  seventy-five  degrees  fifteen  minutes  west  (true  bearing),  descending  the 
bluff  on  the  south  side  of  "Mule"  Creek  bottom,  sixty  chains  to  a  stake  at  the 
southeast  corner  of  an  inclosure  formerly  occupied  by  A.  R.  Phillips,  thence 
north  fourteen  degrees  forty-five  minutes  east  (true  bearing)  along  the  fence 
of  said  inclosure  crossing  "Mule"  Creek,  and  the  aforesaid  road  forty  chains 
to  the  place  of  beginning,  containing  in  all  two  hundred  and  forty  acres,  in- 
cluding the  aforesaid  road — variation  of  needle  fifteen  degrees  forty  seconds ; 
provided,  a  good  title,  free  and  clear  of  encumbrance,  can  be  obtained;  and 
j)rovided  further,  that  the  purchase  price  shall  not  exceed  five  thousand  dollars, 
gold  coin  of  the  United  States  of  America. 

§  2.  The  sum  of  five  thousand  dollars,  or  such  portion  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  for  the  purchase  mentioned  in  the  first  section  of  this 
act;  and  the  controller  is  hereby  authorized  to  draw  his  warrant  for  said 
amount,  and  the  treasurer  is  hereby  directed  to  pay  the  same. 

§  3.     This  act  shall  take  effect  immediately. 

See   KERR'S   CYC.  POL.   CODE   §  2153a. 

PRISONS— MATRON. 

Creating  the  office  of  matron  of  the  jail  or  prison  in  and  for  cities  and  towns 
of  the  first,  first  and  one  half,  second,  and  third  classes,  wherein  official 
matrons  or  their  duties  are  not  now  provided  for  by  law,  defining  the 
duties  and  powers  and  fixing  the  term  of  office  and  compensation  of,  and 
providing  for  the  appointment  of,  and  the  giving  of  official  bond  by,  such 
matron.  ^g^^^^  1901,  573,  ch.  CLXXIX.) 

§  1.  Public  welfare  and  present  necessity  in  the  several  cities  and  towns  of 
this  state  of  the  first,  first  and  one  half,  second,  and  third  classes,  requiring  that 
in  such  cities  and  towns  there  should  be  an  official  matron  of  the  city  or  town 
jail  or  prison  therein,  the  office  of  matron  of  the  city  or  town  jail  or  prison 
is  hereby  created  in  and  for  those  several  cities  and  towns  in  this  state  of  the 
first,  first  and  one  half,  second,  and  third  classes,  and  concerning  which  there 
is  now  no  provision  of  law  for  the  office  of,  or  prescribing  the  duties  of,  matron 
of  the  jail  or  prison  of  such  city  or  town ;  and  the  duties  and  powers  of  such 
matron  in  such  cases  shall  be  as  follows:  She  shall  have  free  access  at  all 
reasonable  times  to  the  immediate  presence  of  all  female  prisoners  in  the  jail 
or  prison  of  which  she  is  the  official  matron,  including  the  right  of  personal 
visitation  and  conversation  with  them ;  and,  in  all  casQs  of  searching  the  per- 
son of  female  prisoners  therein,  such  matron  exclusively  shall  make  such 
search ;  and  the  matron  shall,  by  example,  advice  and  admonition  employ 
her  best  abilities  at  all  times  to  secure  and  promote  the  health,  welfare  and 
reformation  of  all  such  prisoners.  The  term  of  office  of  such  matron  shall  be 
two  years  from  her  appointment  and  qualification  and  until  her  successor  is 
appointed  and  qualified. 


PRISON    MATRONS— PRISONS.— WRITS    OF    PROCESS,    ETC.  1077 

§  2.  The  legislative  board  or  body  of  each  such  city  or  town,  refi'rred  to  in 
section  one  of  this  act,  is  hereby  authorized  and  empowered  to  appoint,  anil 
to  provide  for  the  payment  of  the  compensation  of,  a  matron  of  the  jail  or 
prison  in  and  for  the  city  or  town  of  which  such  board  or  body  is  the  fcdvern- 
ing  board  or  body,  and  to  specify  the  conditions  and  fix  the  amount  of  the 
matron's  official  bond,  to  be  approved  by  such  board  or  body. 

§  3.  The  compensation  of  such  matrons,  hereby  regulated  in  proportion  to 
the  duties  to  be  discharged,  shall  be  as  follows,  payable  monthly :  In  and  for 
such  cities  of  the  first  class,  seventy-five  dollars  per  month;  in  and  for  such 
cities  of  the  first  and  one  half  class  and  of  the  second  class,  sixty-five  dollars 
per  month ;  in  and  for  such  cities  of  the  third  class,  fifty  dollars  per  month. 

§  4.  To  further  the  carrying  into  effect  of  the  authority  herein  conferred 
and  in  furtherance  of  the  discharge  of  the  duties  of  such  matrons,  it  is  hereby 
enacted  that  no  officer,  deputy,  policeman,  constable,  jailer,  keeper,  guard  or 
person  having  charge  or  control  of  the  jail  or  prison  of  any  such  city  or  town, 
referred  to  in  section  one  of  this  act,  shall  refuse  the  matron,  duly  appointed 
and  qualified  hereunder,  free  access  at  all  reasonable  times  to  the  immediate 
presence  of  all  female  prisoners  therein,  including  the  right  of  visitation  and 
conversation  with  them,  or  in  such  jail  or  prison  allow  the  searching  of  the 
person,  in  the  case  of  a  female  prisoner,  to  be  made  except  by  such  matron  of 
such  jail  or  prison,  or  obstruct  the  performance  by  such  matron  of  her  official 
duties  in  such  jail  or  prison  as  those  duties  may  be  specified  under  the  authority 
of  this  act  or  of  law. 

§  5.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  6.     This  act  shall  take  effect  immediately. 

PRISONS. 

See  tits.  Hair  Cutting;  Parole  Commissioners;  State  Prisons. 

PRIZE-FIGHTING. 

An    Act    of    1803,    101,    ch.    LXXXVIII,    to       ed    Stats.    19C3.    409.    ch.    CCT.XXXIII.       See 
prohibit  prize-fighting-,   would   seem  to   have        KERIl'S    CYC.    PEN.    CODE    S  412. 
been  carried  into  the  Penal  Code  as  amend- 

PROCESS,   WRITS,   ETC. 

To  declare  valid  writs,  process  and  certificates  issued  by  the  superior  courts  of 
this  state,  or  the  clerks  thereof,  before  such  courts  shall  have  been  legally 
provided  with  seals. 

(Stats.  1880,  19,  ch.  XXIV.) 

§  1.  No  writ,  process,  or  certificate  issued  by  any  superior  court,  or  the 
clerk  thereof,  before  such  court  shall  have  been  legally  provided  with  a  seal, 
shall  be  invalid,  if  in  other  respects  valid,  by  reason  of  the  absence  of  a  lawful 
seal ;  but  every  such  Avrit,  process,  or  certificate,  whether  under  the  seal  of  one 
of  the  courts  abolished  on  the  first  day  of  January,  eighteen  hundred  and 
eighty,  or  under  the  private  seal  of  the  clerk,  or  under  any  other  seal,  or 
issued  without  a  seal,  shall  have  the  same  validity  as  if  it  had  been  authenti- 


1078  PROSTITUTION    OF    MARRIE^D    W^OMEN — PROTECTION    DISTRICTS. 

cated  by  a  legally  adopted  seal  of  the  court  out  of  which  or  by  whose  clerk 
it  was  issued, 

§  2.     This  act  shall  take  effect  immediately. 

See    tit.    Counties — New. 

PROSECUTING   ATTORNEY. 

See  tits.  Municipal  Corporations,  Second  Class;  Police  Courts. 

PROSTITUTION— MARRIED   WOMEN. 

To  prevent  the  placing  or  keeping  or  leaving  of  married  women  in  houses  of 
prostitution,  and  to  punish  persons  therefor. 

(Stats.  1891,  285,  ch.  CCVI.) 

This    statute    has    been    carried    into    the  As  to  the  statute,  see  People  vs.  Bosquet, 

Penal  Code  by  Stats.   1905,   655.  ch.  CDXCVI.        116   Cal.   75,   77,   47   Pac.   Rfcp.   879, 
See    KERR'S    CYC.    PEN.    CODE    §    269g. 

PROSTITUTION— IMPORTATION   OF   WOMEN. 

To  prevent  compulsory  prostitution  of  women,  and  the  importation  of  Chinese 
or  Japanese  women  for  immoral  purposes,  and  to  provide  penalties  there- 
for. 

(Stats.  1893,  217,  ch.  CLXXXII.) 

The  foregoing  statute,  as  also  Stats.  1891,  carried  into  the  Penal  Code  by  statute  1905. 
285,  ch.  CCVI,  against  placing  married  See  KERR'S  CVC.  PEN.  CODE  §§  266a, 
women  in  houses  of  prostitution,  have  been       269g. 

PROTECTION    DISTRICTS— RECLAMATION. 

To  provide  for  the  formation  of  protection  districts  in  the  various  counties  of 
this  state,  for  the  improvement  and  rectification  of  the  channels  of  innavi- 
gable streams  and  water  courses,  for  the  prevention  of  the  overflow 
thereof,  by  widening,  deepening  and  straightening  and  otherwise  improv- 
ing the  same,  and  to  authorize  the  boards  of  supervisors  to  levy  and  col- 
lect assessments  from  the  property  benefited  to  pay  the  expenses  of  the 
same. 

(Stats.  1895,  247,  ch.  CCI;  amended  1897,  219,  ch.   CLXIII;  1903,  328,  ch. 

CCXLV.) 

§  1.  Whenever  the  board  of  supervisors  of  any  county  in  this  state  may 
deem  it  proper  to  improve  and  rectify  the  channel  of  any  innavigable  stream 
or  watercourse  within  the  county,  and  to  prevent  the  overflow  of  such  stream 
by  widening,  deepening,  or  straightening  its  course,  or  by  erecting  levees  or 
dikes  upon  its  banks,  the  board  may,  upon  a  petition  of  ten  property  holders  of 
the  district  to  be  affected  by  such  improvements,  pass  a  resolution  signifying 
its  intention  to  improve  such  innavigable  stream  or  watercourse,  describing 
the  exterior  boundaries  of  the  district  of  lands  to  be  affected  or  benefited  by 
such  work  or  improvement,  and  to  be  assessed  to  pay  the  damages,  cost,  and 
expenses  thereof,  the  character  of  work  or  improvement  contemplated,  and  the 
place  where  the  proposed  work  or  improvement  is  to  be  done.  Such  resolu- 
tion shall  also  contain  a  notice,  to  be  published,  which  notice  shall  be  headed 


PROTECTION    DISTRICTS — RECLAMATION— PROCEDURL:.  1079 

"Notice  of  intention  of  the  board  of  supervisors  to  form  a  protection  district," 
and  shall  state  the  fact  of  the  passage  of  such  resolution,  with  the  date  there- 
of, and  briefly,  the  work  or  improvement  proposed,  and  the  statement  that  it 
is  proposed  to  assess  all  property  att'ected  or  benefited  by  such  improvement 
for  the  expenses  thereof,  and  refer  to  the  resolution  for  further  particulars. 
Such  notice  to  be  given  by  the  board  of  supervisors,  and  signed  by  its  clerk. 

§  2.  Such  notice  shall  be  published  for  a  period  of  thirty  days,  in  one  daily 
newspaper  published  and  circulated  in  such  county,  and  designated  by  said 
board  of  supervisors ;  or  if  there  is  no  daily  newspaper  so  published  and  circu- 
lated in  said  county,  then  by  four  successive  insertions  in  a  weekly  or  semi- 
weekly  newspaper  so  published,  circulated,  and  designated. 

§  3,  Any  person  interested,  objecting  to  such  work  or  improvement,  or  to 
the  extent  of  the  district  of  lauds  to  be  affected  or  benefited  by  such  work 
or  improvement,  and  to  be  assessed  to  pay  the  costs  and  expenses  thereof,  may 
make  written  objections  to  the  same  within  ten  days  after  the  expiration  of 
the  time  of  the  publication  of  said  notice,  which  objection  shall  be  delivered 
to  the  clerk  of  said  board  of  supervisors,  who  shall  indorse  thereon  the  date 
of  its  reception  by  him,  and  at  the  next  regular  meeting  of  such  board  of 
supervisors,  or  at  an  adjourned  meeting,  or  a  special  meeting  called  for  that 
purpose,  after  the  expiration  of  said  ten  days,  lay  such  objections  before  said 
board  of  supervisors,  which  shall  fix  a  time  for  hearing  said  objection,  not 
less  than  fifteen  days  thereafter,  and  direct  its  clerk  to  notify  each  person 
objecting  of  such  day  fixed  for  hearing,  by  depositing  a  notice  thereof  in  the 
post-office  at  the  county  seat  of  such  count}',  postage  prepaid,  addressed  to 
such  person  objecting,  which  said  notice  shall  be  deposited  in  the  post-office 
not  less  than  ten  days  before  the  day  set  for  hearing. 

§  4.  At  the  time  specified  or  to  which  the  hearing  may  be  adjourned,  the 
board  of  supervisors  shall  hear  the  objections  urged  and  pass  upon  the  same. 
Such  board  may,  in  its  discretion,  sustain,  in  whole  or  in  part,  any  or  all  of 
the  objections  made  and  filed,  and  may  change  or  alter  the  boundaries  of  such 
district  to  conform  to  the  needs  of  the  district,  and  may,  in  their  discretion, 
declare  such  protection  district  formed  as  a  subdivision  of  such  county,'  and 

shall  designate  such  district  by  name  as  the protection  district  of 

county,  and  thereafter  the  board  of  supervisors  shall  be  deemed  to  have  ac- 
quired jurisdiction  to  purchase  or  receive  by  donation,  in  the  name  of  the 
district,  any  real  or  personal  property  necessary  to  properly  cjarry  out  the 
purposes  of  the  formation  of  such  district,  under  the  same  rules  as  govern 
the  purchase  of  property  in  the  name  of  the  county;  but  no  district  shall  be 
formed  wherein  a  majority  of  the  property  holders  within  its  limits  protest  in 
writing  against  such  action. 

§  5.  The  board  of  supervisors  of  such  county  shall  also  have  power  to  con- 
demn land  for  the  purpose  of  widening,  deepening  and  straightening  any 
innavigable  stream  flowing  through  such  protection  district,  or  forming  a 
boundary,  or  any  part  of  a  boundary  thereof,  and  for  that  purpose  all  the 
provisions  of  part  three,  title  seven,  of  the  Code  of  Civil  Procedure  are  herebj' 
made  applicable  to  the  exercise  of  the  right  of  eminent  domain  for  such  pur- 
poses, or  to  any  other  purpose  necessary  to  the  needs  of  such  district  when 


1080        PROTECTION   DISTRICTS — RECLAMATION — WIDENING,   ETC.,    STREAMS. 

formed;  provided,  that  nothing  in  this  act  shall  be  construed  as  interfering, 
conflicting  or  abrogating  reclamation  districts  now  established  by  law.  When- 
ever such  innavigable  stream  or  watercourse  forms,  or  the  portion  thereof 
deemed  proper  or  necessary  to  be  improved  and  rectified  by  widening,  deep- 
ening or  straightening  its  course,  or  by  erecting  levees  or  dikes  upon  its  bank, 
forms  the  boundary  line  between  any  two  or  more  counties  in  this  state,  the 
petition  shall  first  be  presented  to  the  board  of  supervisors  of  the  county  in 
which  the  greatest  portion  of  lands  within  the  proposed  district  are  situated, 
signed  by  at  least  twenty  of  the  property  holders  of  the  district,  ten  (10)  from 
each  of  the  counties  to  be  affected,  which  petition  shall  set  forth  and  particu- 
larly describe  the  proposed  boundaries  of  such  district  and  the  other  matters 
required  by  section  one  of  the  act  of  which  this  act  is  amendatory,  and  shall 
pray  for  a  district  to  be  organized  under  said  act;  and  when  the  board  of 
supervisors  of  any  one  of  said  counties  has  acquired  jurisdiction,  as  provided 
in  section  four  of  the  act  of  which  this  act  is  amendatory,  the  board  of  super- 
visors of  each  of  the  other  counties,  when  notified,  shall  proceed  to  improve 
and  rectify  the  channel  of  said  stream  or  watercourse,  so  as  to  prevent  the 
overflow  of  such  stream  or  watercourse,  and  in  accordance  with  the  terms  of 
said  act  of  which  this  act  is  amendatory.  And  if,  after  notice,  given  in  writ- 
ing by  the  board  of  supervisors  of  the  county  so  first  acquiring  jurisdiction 
to  the  board  of  supervisors  of  said  other  counties,  either  or  any  county  so 
notified  shall  fail  for  sixty  days  to  proceed  to  take  all  necessary  steps  under 
said  act  for  the  prevention  of  the  overflow  of  such  stream,  by  widening,  deep- 
ening or  straightening  its  course,  or  by  erecting  levees  or  dikes  upon  its  banks, 
the  board  of  supervisors  having  obtained  jurisdiction  as  above  provided  and 
giving  such  notice  shall  proceed  under  the  terms  of  said  act  to  improve  and 
rectify  the  channel  of  such  stream  or  watercourse,  by  widening,  deepening,  or 
straightening  its  course,  or  by  erecting  levees  or  dikes  upon  its  banks,  and 
collect  by  law,  from  the  county  or  counties  so  notified,  its  proportion  of  the 
costs  and  expenses  of  said  improvement,  which  shall  not  exceed  in  the  case  of 
any  county  one  quarter  of  the  total  cost  thereof;  provided,  said  amount  shall 
not  exceed  in  any  case  for  any  one  county  the  sum  of  twenty-five  hundred  dol- 
lars. Nothing  herein  shall  authorize  the  alteration  of  the  boundary  lines  of 
any  county,  and  said  boundary  lines  shall  remain  as  they  are  at  present. 
Thereafter  all  costs  of  every  nature  that  may  be  incurred  or  made  necessary 
in  the  keeping  up  or  preservation  of  any  work  or  improvement  done  itnder  the 
provisions  of  this  section  shall  be  borne  by  the  counties  affected  by  such  work 
or  improvement,  and  the  lands  within  said  district  in  the  proportion  provided 
in  section  ten  of  this  act.     [Amendment,  Stats.  1903,  328.] 

§  6.  Having  acquired  jurisdiction,  as  provided  in  section  four  hereof,  the 
board  of  supervisors  shall  cause  a  survey  of  said  contemplated  improvement 
to  be  made,  or  adopt  a  survey  already  made ;  and  a  map  of  the  survey  must  be 
adopted  by  such  board,  and  thereafter  such  survey  and  map  shall  be  the  plans 
to  be  followed  in  making  such  improvements ;  provided,  that  at  any  time  after 
the  adoption  of  such  survey  and  map,  and  before  any  commissioners'  report 
of  the  assessment  of  benefits  and  award  of  damages  has  been  finally  adopted 
and  confirmed  by  the  board  of  supervisors  as  provided  for  by  section  sixteen 
of  this  act,  said  board  of  supervisors  may  rescind  their  action  in  adopting  such 


PROTECTION   DISTRICTS— RECLAMATION— COMMISSIONERS — BOUNDARIES.      1081 

survey  and  map,  and  may  adopt  others  in  place  thereof,  or,  by  the  affirmative 
vote  of  not  less  than  four  fifths  of  all  its  members,  said  board  may  abandon 
its  contemplated  improvement  and  disorganize  and  abolish  such  protection  dis- 
trict, in  which  case  the  preliminary  expenses  already  incurred  for  advertising 
and  survejnng  shall  be  a  county  charge.     [Amendment,  Stats.  1897,  219.] 

§  7.  After  adopting  such  survey,  the  board  of  supervisors  sliali  appoint 
three  commissioners  to  assess  benefits  and  damages,  to  estimate  the  total  cost 
of  making  the  proposed  improvements  and  performing  such  proposed  work, 
which  estimate  shall  include  all  expenses  of  every  kind  incurred  or  to  be 
incurred,  either  directly  or  indirectly,  in  carrying  out  the  said  work  and  im- 
provements. Before  entering  upon  the  discharge  of  their  duties  as  such  com- 
missioners, they  shall  each  take  and  subscribe  to  an  oath  to  perform  the  duties 
of  such  commission  to  the  best  of  their  abilities,  and  shall  each  file,  with  the 
clerk  of  the  board  of  supervisors,  a  bond  to  the  state  of  California,  in  the  sum 
of  three  thousand  dollars,  to  faithfully  perform  the  duties  of  his  office  as  such 
commissioner,  which  said  bond  must  be  approved  by  the  chairman  of  the 
board  of  supervisors.  The  board  of  supervisors  may,  at  any  time,  remove  any 
or  all  of  said  commissioners  for  cause,  upon  reasonable  notice  and  hearing,  and 
may  fill  any  vacancies  occurring  among  them  from  anj^  cause. 

§  8.  The  commissioners  shall  have  all  powers  necessary  and  proper  to  carry 
out  the  provisions  of  this  act,  and  the  act  of  a  majority  shall  be  the  act  of  the 
board. 

§  9.  All  such  charges  and  expenses  shall  be  deemed  as  expenses  of  said 
work  or  improvement,  and  be  a  charge  only  upon  the  funds  devoted  to  the 
particular  work  or  improvement  as  provided  hereafter.  All  claims,  as  well 
for  the  land  and  improvements  taken  or  damaged  as  for  the  charges  and  ex- 
penses, shall  be  paid  as  are  other  claims  against  the  count}^  and  upon  order 
of  the  board  of  supervisors,  and  the  claims  shall  be  itemized  in  the  same  man- 
ner as  are  other  claims  against  the  county. 

§  10.  Said  commissioners  shall  proceed  to  view  the  lands  embraced  within 
the  boundaries  of  such  protection  district,  and  may  examine  witnesses  under 
oath,  to  be  administered  by  any  one  of  them.  Having  viewed  the  land  to  be 
taken,  and  the  improvements  affected,  and  considered  the  testimony  presented, 
they  shall  proceed  with  all  diligence  to  determine  the  value  of  the  land  and 
damage  to  improvements  and  property  affected  and  also  the  estimate  amount 
of  the  costs  of  the  proposed  work  or  improvement  and  the  expenses  incident 
thereto,  and  having  determined  the  same,  shall  proceed  to  assess  the  same  to 
the  county  or  counties  and  upon  the  lands  embraced  within  the  exterior  bound- 
aries of  such  protection  district.  Such  assessment  shall  be  made  in  the  man- 
ner following,  to  wit :  The  board  of  supervisors  shall  assess  to  the  county  or 
counties  where  more  than  one  as  [is]  an  interested  and  benefited  party  or 
parties  not  exceeding  one  half  of  such  assessment ;  provided,  that  in  no  case 
shall  a  county  be  liable  for  an  amount  in  excess  of  one  fourth  thereof  or  for 
any  sum  greater  than  twenty-five  hundred  dollars  where  there  are  two  or 
more  counties  within  which  said  district  is  formed,  and  the  remainder  of  such 
assessment  may  be  made  upon  the  lands  within  said  district  in  proportion  to 
the  benefits  to  be  derived  from  said  work  or  improvement,  so  far  as  said  com- 


1082  PROTECTION    DISTRICTS— RECLAMATION— BENEFIT    ASSESSMENTS. 

mission  can  reasonably  estimate  the  same,  including  in  such  estimate  the 
property  of  any  railroad  company,  within  said  district,  if  such  there  be. 
[Amendment,  Stats.  1903,  329.] 

§  11.  Said  commissioners,  having  made  their  assessment  of  benefits  and 
■damages,  shall,  with  all  diligence,  make  a  written  report  thereof  to  the  board 
of  supervisors,  and  shall  accompany  their  report  with  a  plat  of  the  district, 
showing  the  land  taken  or  to  be  taken  for  the  work  or  improvement ;  and  the 
lands  assessed,  showing  the  relative  location  of  each  district,  block,  lot,  or 
portion  of  lot  or  other  piece  of  land,  and  its  dimensions,  so  far  as  the  com- 
missioners can  reasonably  ascertain  the  same.  Each  block  and  lot,  or  portion 
of  lot,  or  other  parcel  or  parcels  of  land  taken  or  assessed,  shall  be  designated 
and  described  in  said  plat  by  an  appropriate  number,  and  a  reference  to  it 
by  such  descriptive  number  shall  be  a  sufficient  description  of  it  in  all  respects. 
When  the  report  and  plat  are  approved  by  the  board  of  supervisors,  a  copy  of 
said  plat  (appropriately  designated  and  certified  by  the  clerk  of  said  board 
as  a  correct  copy  of  the  plat  on  file  in  his  office)  shall  be,  by  the  clerk  of  said 
board,  recorded  in  the  office  of  the  recorder  of  the  county.  Said  report  of 
the  commissioner  shall  also  contain  the  names  of  the  persons  owning  lands 
taken,  or  to  be  taken,  for  such  work  or  improvement;  the  names  of  the  land- 
owners Avho  consent  to  give  the  right  of  way,  and  their  written  consent  there- 
to; the  names  of  landowners  who  do  not  consent,  and  the  amount  of  damage 
claimed  by  each,  and  the  amount  of  damages  awarded  to  each  by  the  com- 
missioners. 

§  12.  Said  report  shall  specify  each  lot,  subdivision,  or  piece  of  property 
taken  or  injured  by  the  widening,  deepening,  or  straightening  of  such  innavi- 
gable stream,  or  other  improvement  made  or  work  done,  or  assessed  therefor, 
together  with  the  name  of  the  owner  or  claimants  thereof  or  of  persons  inter- 
ested therein  as  lessees,  encumbrancers,  or  otherwise,  so  far  as  the  same  are 
known  to  the  commissioners,  and  the  particulars  of  their  interests,  so  far  as 
the  same  can  be  ascertained,  and  the  amount  of  value  or  damages  or  the 
amount  assessed,  as  the  case  may  be. 

§  13.  If  in  any  case  the  commissioners  find  that  conflicting  claims  of  title 
exist,  or  shall  be  in  ignorance  or  doubt  as  to  the  ownership  of  any  piece  of 
land  or  of  any  improvement  thereon,  or  of  any  interest  in  such  land  or  im- 
provement, it  shall  be  set  down  as  belonging  to  unknown  owners.  Errors  in 
the  designation  of  the  owner  or  owners  of  any  land  or  improvement,  or  of  the 
particulars  of  their  interests,  shall  not  affect  the  validity  of  the  assessment,  or 
of  any  condemnation  of  the  property  to  be  taken. 

§  14.  The  commissioners  shall  receive  for  their  services  such  compensation 
as  the  board  of  supervisors  may  determine  from  time  to  time ;  provided,  that 
the  compensation  shall  not  exceed  the  sum  of  one  hundred  dollars  per  month 
each,  nor  continue  for  more  than  six  months,  unless  the  board  of  supervisors 
shall,  by  order,  extend  such  time.  The  compensation  of  the  commissioners 
shall  be  considered  as  an  expense  of  the  work  or  improvement,  and  shall  be 
chargeable  and  payable  as  are  other  expenses  thereof. 

§  15.  The  report  of  such  commissioners,  and  the  plat  accompanying  it, 
shall  be  filed  with  the  clerk  of  the  board  of  supervisors,  and  thereupon  the  said 


PROTECTIOiy   DISTRICTS— RECLAMATION— NOTICE   OP  ASSESSMENTS.  1083 

clerk  shall  give  notice  of  such  filiug  by  publication  for  at  least  ten  days,  in 
one  daily  newspaper  published  and  circuhited  in  said  county;  or  if  there  be 
no  daily  paper,  by  three  successive  insertions  in  a  weekly  or  semiweekly 
newspaper  so  published  and  circulated.  Said  notice  shall  require  all  persons 
interested  to  show  cause,  if  any  they  have,  why  such  report  should  not  be 
adopted  and  confirmed  by  the  board  of  supervisors,  on  or  before  a  day  fixed 
by  the  clerk  thereof,  and  stated  in  said  notice;  which  day  shall  not  be  less 
than  thirty  days  from  the  last  publication  thereof.  Such  notice  shall  be  sub- 
stantially in  the  following  form : 

Notice  of  filing  of  the  report  of  the  board  of  commissioners  of pro- 
tection district. 

Notice  is  hereby  given  that  the  board  of  commissioners  of protection 

district  did,  on  the day  of 189 — ,  file  its  report  of  the  assessment 

of  benefits  and  award  of  damages  in  said  protection  district  with  the  clerk  of 

the  board  of  supervisors  of county,  which  said  report  is  now  on  file  in 

the  office  of  said  board,  in  the  county  court-house,  in  the  city  of ,  in  said 

county.  Said  report  is  hereby  made  a  part  hereof,  and  is  hereby  referred  to 
for  further  particulars.  All  persons  interested  are  hereby  required  to  show 
cause,  if  any  they  have,  why  such  report  should  not  be  adopted  and  confirmed 
by  such  board  of  supervisors. 

All  objections  to  such  adoption  of  such  report  shall  be  in  writing  and  signed 
by  the  person  objecting,  giving  post-office  address,  and  filed  with  the  clerk  of 
said  board  of  supervisors  on  or  before  the day  of ,  189 — . 


Clerk  of  the  board  of  supervisors  of county. 

§  16.  All  objections  shall  be  in  writing  and  filed  with  the  clerk  of  the  board 
of  supervisors,  who  shall,  at  the  next  meeting  of  the  board  (whether  an 
adjourned  meeting,  a  regular  monthly  meeting,  or  a  special  meeting  called  for 
that  purpose)  after  the  day  fixed  in  the  notice  to  show  cause,  lay  the  said 
objections,  if  any  have  been  filed,  before  the  said  board,  which  shall,  by  order, 
fix  a  time  for  hearing  the  same,  and  direct  the  clerk  to  notify  the  objectors 
in  the  manner  prescribed  in  section  three  hereof.  At  the  time  fixed  for  hear- 
ing, or  at  such  other  time  as  the  hearing  may  be  adjourned  to,  the  board  of 
supervisors  shall  hear  such  objections  and  pass  upon  the  same;  and  at  such 
time,  or  if  there  be  no  objections,  at  the  first  meeting  after  the  day  set  in  such 
order  to  show  cause,  or. such  other  time  as  may  be  fixed,  shall  proceed  to  pass 
upon  such  report,  and  may  confirm,  correct,  or  modify  the  same,  or  may  order 
the  commissioners  to  make  a  new  assessment,  report,  and  plat,  which  shall  be 
filed,  notice  given,  and  hearing  had  as  in  the  case  of  an  original  report.  "When 
such  report  has  been  adopted  and  confirmed,  the  said  board  may,  by  order 
entered  upon  its  minutes,  discharge  such  commissioners,  and  their  authority 
shall  thereupon  cease. 

§  17.  After  said  report  has  been  adopted  as  provided  in  the  preceding  sec- 
tion, the  board  of  supervisors,  if  they  consider  the  sum  to  be  raised  for  the 
payment  of  the  expenses  of  such  work  or  improvement  too  great  to  be  prop- 
erly expended  in  one  year,  or  too  great  to  be  raised  in  one  j^ear  by  assessments 
against  the  property  of  such  protection  district,  may,  by  order  entered  upon 


10S4        PROTECTION   DISTRICTS— RECLAMATION— PAYMENT    OF   ASSESSMENTS. 

its  minutes,  provide  that  any  part  of  such  expenses  shall  be  raised  or  expended 
in  one  year,  and  that  such  assessments  shall  continue  for  a  number  of  years 
sufficient  to  raise  by  assessment,  and  expend,  the  total  sum  required  by  such 
report  for  the  -work  or  improvement.  "When  the  board  has  determined  the 
sum  to  be  assessed  for  each  year,  and  the  number  of  years  that  such  assess- 
ments shall  continue,  they  shall  cause  the  clerk  of  the  board  of  supervisors  to 
forward  to  the  tax  collector  of  the  county  in  which  such  district  is  situated, 
a  certified  copy  of  the  report,  assessment,  and  plat  as  adopted  and  confirmed 
by  the  said  board  of  supervisors,  together  with  a  certified  copy  of  the  order 
of  said  board,  fixing  the  sum  to  be  raised  by  such  assessment  each  year  and 
the  number  of  years  such  assessment  shall  continue,  and  from  and  after  the 
filing  of  such  certified  copy  the  charges  assessed  upon  each  piece  of  land  or 
improvement  thereon  for  the  first  year  shall  become  due  and  payable  imme- 
diately and  shall  constitute  a  lien  thereon;  and  thereafter  the  assessments  for 
the  succeeding  years  shall  become  due  and  payable  on  the  first  day  of  October 
.of  each  year,  and  shall,  upon  becoming  due  and  payable,  constitute  a  lien  upon 
the  land  or  improvements  upon  which  it  is  assessed.  Before  such  sums  be- 
come delinquent,  the  board  of  supervisors  shall  direct  the  county  treasurer 
to  transfer  from  the  money  then  in  the  general  fund  of  such  county  to  the 
fund  raised  by  such  assessment,  a  sum  of  money  to  be  named  in  the  order, 
great  enough  to  pay  the  assessment  made  against  the  county  for  that  year  for 
such  work  and  improvements. 

§  18.  All  moneys  paid  upon  such  assessments,  either  by  property  owners  or 
by  the  county,  and  moneys  received  from  any  source  for  the  benefit  of  such 
protection  district,  shall  be,  by  the  county  treasurer,  placed  in  a  fund  to  be 

called  the  protection  district  fund;  and  all  payments  of  any  of  the 

expenses  of  the  work  or  improvements  or  other  expenses  of  such  district  shall 
be  made  upon  warrants  drawn  by  the  county  auditor  upon  such  fund,  and 
paid  by  such  treasurer. 

§  19.  Upon  the  filing  of  such  certified  copy  of  such  report,  assessment  plat, 
and  order  with  the  tax  collector  of  the  county,  as  prescribed  in  section  eigh- 
teen hereof,  the  county  tax  collector  shall  give  notice,  by  ten  days'  publication 
in  a  newspaper  printed  in  the  county,  that  the  assessment  list  of pro- 
tection district  has  been  filed  in  his  office,  with  the  date  of  such  filing;  that 
the  amounts  entered  thereon  are  due  and  payable;  that  if  not  paid  on  or  be- 
fore the  first  Monday  in  January  next  ensuing,  the  same  will  become  delin- 
quent and  will  be  collected  as  are  delinquent  taxes.  He  shall  note  on  said 
assessment  list  all  assessments  paid,  giving  receipts  as  in  the  payment  of  taxes, 
and  shall  pay  all  money  collected  into  the  county  treasury  at  the  same  time 
and  in  the  same  manner  as  money  collected  for  taxes  is  paid  into  said  treasury. 
All  subsequent  collections  of  assessments  shall  be  made  in  the  same  manner 
above  set  forth,  and  the  tax  collector  shall  annually  (after  the  first  year),  im- 
mediately after  the  first  day  of  October,  publish  a  notice  containing  all  the 
statements  required  to  be  made  as  hereinbefore  in  this  section  set  forth,  and 
the  same  proceedings  shall  be  had  as  upon  the  collection  of  the  first  assess- 
ment. 

§  20.  When  said  assessments  have  become  delinquent  the  tax  collector  of 
such  county  shall  proceed  to  collect  such  delinquent  assessments,  with  five 


PHOTECTIOi\    OISTKICTS— KL:CLA31AT101M— PAVMKM'    FOR    I'KOPERTV.         1085 

per  centum  added  thereon,  and  pay  the  same,  including  the  five  per  centum 
so  collected,  over  to  the  county  treasurer,  in  the  same  manner  as  state  and 
county  taxes  are  collected  and  paid  over;  and  for  the  purpose  of  collecting 
such  assessments  and  delinquent  assessments  all  of  the  provisions  of  chapter 
seven,  title  nine,  part  three,  of  the  Political  Code  not  in  contiict  with  any  of 
the  provisions  of  this  act  are  hereby  made  applicable  to  the  collection  of  assess- 
ments and  delinquent  assessments  in  such  protection  districts. 

§  21.  If,  at  the  completion  of  such  work  or  improvements,  there  should  be, 
from  any  cause,  a  surplus  of  money  left  in  such  protection  district  fund,  the 
board  of  supervisors  may  ascertain  the  pro  rata  amount  belonging  to  each  per- 
son paying  such  assessments,  and  upon  the  filing  of  claims  for  such  rel)ate 
properly  itemized,  shall  refund  such  money  to  the  parties  who  paid  the  same ; 
and  when  all  of  such  money  has  been  refunded,  shall,  by  order,  direct  the 
county  treasurer  to  abolish  such  protection  district  fund. 

§  22.  When  sufficient  money  is  in  such  protection  district  fund  to  pay  for 
the  property  taken  and  damaged,  according  to  the  award  of  damages  made 
in  the  report  adopted  by  the  board  of  supervisors,  as  provided  in  section 
seventeen  hereof,  the  clerk  of  the  board  of  supervisors  shall  notify  the  owner, 
possessor,  or  occupant  of  any  land  or  improvement  thereon  to  whom  damages 
shall  have  been  awarded,  that  such  award  has  been  made,  and  the  amount 
thereof,  and  that  upon  such  person  filing  a  claim  and  tendering  a  con- 
veyance of  any  property  to  be  taken,  such  claim  will  be  allowed  and 
such  damages  paid.  Such  notice  shall  be  given  by  depositing  such  notice  in 
the  post-office  at  the  county  seat  of  such  county,  postage  prepaid,  addressed 
to  such  owner,  possessor,  or  occupant,  if  his  name  be  known.  In  case  the 
property  is  unoccupied,  and  the  name  of  the  owners  is  unknown,  or  in  case 
such  unoccupied  property  is  set  down  as  belonging  to  unknown  owners  for  the 
reasons  given  in  section  fourteen  hereof,  such  notice  shall  be  delivered  to  the 
sheriff  or  to  a  constable,  who  shall  serve  the  same  by  posting  a  copy  in  a  con- 
spicuous place  upon  the  property  named  in  said  notice,  and  indorse  a  cer- 
tificate of  service  upon  the  original  notice,- and  file  the  same  with  the  clerk  of 
the  board  of  supervisors. 

§  23.  Whenever  the  clerk  of  the  board  of  supervisors  or  other  officer  is, 
by  this  act,  empowered  to  serve  any  notice  by  mailing,  a  certificate  of  such 
mailing,  in  conformity  to  the  provisions  of  this  act  and  filed  with  the  records 
of  such  supervisors,  shall  be  sufficient  proof  of  such  service. 

§  24.  If  any  award  of  damages  is  not  accepted  within  fifteen  days  after  the 
mailing  or  posting  of  such  notice,  it  shall  be  deemed  as  rejected  by  the  prop- 
erty owner,  and  thereupon  the  board  of  supervisors  may  direct  proceedings 
to  procure  the  right  of  way  to  be  instituted,  in  the  name  of  the  county,  by  the 
district  attorney,  under  and  as  provided  in  title  seven,  part  three,  of  the  Code 
of  Civil  Procedure,  against  all  non-accepting  property  owners;  and  when  there- 
under the  right  of  way  is  procured,  the  work  or  improvement  must  be  com- 
menced as  hereinafter  provided.  In  such  suit  no  informality  in  the  proceed- 
ings of  the  board  of  supervisors,  or  in  the  proceedings  of  the  commissioners, 
shall  vitiate  said  suit,  but  the  said  order  of  the  board  of  supervisors,  directing 
the  district  attorney  to  bring  suit,  shall  be  conclusive  proof  of  the  regularity 


1086     PROTECTION   DISTRICTS — RECLAMATION — WORK  TO   BE   DONE   YEARLY. 

thereof;  and  the  said  suit  shall  be  determined  by  the  court  or  jury  in  accord- 
ance with  the  rights  of  the  respective  parties  as  shown  in  court,  independent 
of  said  proceedings  before  said  board  of  supervisors  or  before  said  commis- 
sioners. 

§  25.  If  any  right  of  way,  attempted  to  be  acquired  by  virtue  of  this  act, 
shall  be  found  to  be  defective  from  any  cause,  the  board  of  supervisors  may 
again  institute  proceedings  to  acquire  the  right  of  way  as  in  this  act  provided, 
or  otherwise,  or  may  purchase  the  same  and  include  the  cost  thereof  in  the 
expenses  of  such  work  or  improvement. 

§  26.  The  board  of  supervisors  shall  determine  the  amount  of  work  to  be 
done  in  each  year  and  the  place  where  such  work  is  to  be  done,  and  may  let  a 
contract  for  any  portion  of  such  work  that  they  may  think  proper.  When 
the  work  is  let  by  contract,  either  as  a  whole  work  or  for  a  portion -thereof,  the 
board  shall  give  notice,  by  publication  thereof,  not  less  than  ten  days,  in  a 
newspaper  published  in  such  county,  calling  for  bids  for  the  construction  of 
such  work,  or  of  any  portion  thereof;  if  less  than  the  whole  work  is  adver- 
tised, then  the  portion  so  advertised  must  be  particularly  described  in  such 
notice.  Said  notice  shall  set  forth  that  plans  and  specifications  can  De  seen 
at  the  office  of  the  board,  and  that  the  board  will  receive  sealed  proposals 
therefor,  and  that  the  contract  wnll  be  let  to  the  lowest  responsible  bidder, 
stating  the  time  and  place  for  opening  said  proposal,  and  how  such  sealed  pro- 
posals shall  be  addressed,  which,  at  the  time  and  place  appointed,  shall  be 
opened,  and,  as  soon  thereafter  as  convenient,  the  board  shall  let  said  work, 
either  in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder ;  or  they  may 
reject  any  and  all  bids  and  readvertise  for  proposals.  Any  person  or  persons 
to  whom  a  contract  may  be  awarded  shall  enter  into  a  bond,  with  good  and 
sufficient  sureties,  to  be  approved  by  the  board,  payable  to  said  county  for 
the  use  of  such  protection  district,  for  double  the  amount  of  the  contract  price, 
conditioned  for  the  faithful  performance  of  said  contract.  The  work  shall  be 
done  under  the  direction  and  to  the  satisfaction  of  the  board  of  supervisors. 

§  27.  If,  according  to  the  survey  and  map  as  adopted  by  the  board  of  super- 
visors, as  provided  in  section  seven  hereof,  it  is  necessary,  in  order  to  shorten 
or  straighten  the  course  of  any  innavigable  stream,  to  dig  canals,  cut  off  bends, 
change  the  channel  or  course  of  such  stream,  or  to  turn  the  water  from  its 
present  channel  into  a  former  but  now  dry  channel,  then  such  work  shall  be 
considered  as  the  straightening  of  the  channel  and  course  of  such  innavigable 
stream,  and  all  of  the  provisions  of  this  act  are  hereby  declared  to  be  applicable 
to  such  work, 

§  28.  If,  at  any  time,  in  the  opinion  of  the  board  of  supervisors,  the  expendi- 
ture of  money  is  absolutely  necessary  to  the  welfare  of  such  protection  district, 
and  there  is  no  money  in  the  fund  of  such  district  to  make  such  necessary  ex- 
penditure, or  the  money  in  such  fund  is  insufficient  to  make  such  necessary 
expenditure,  then  the  board  of  supervisors  may  advance  such  money  out  of  the 
general  fund  of  the  county,  and  the  same  shall  be  a  credit  to  the  county  as  a 
payment  of  the  assessments  against  the  county  to  that  extent ;  or  if  such  money 
advanced  shall  exceed  the  assessments  against  the  county,  then  as  soon  as 
there  is  sufficient  money  in  the  fund  of  such  protection  district  to  pay  the 


PROTECTION   DISTRICTS— DISSOLLTION— PUBLIC   ADMIMS TRA Toil.  1087 

excess,  the  board  of  supervisors  shall  direct  the  county  treasurer  to  transfer 
to  the  general  fund  from  the  fund  of  such  protection  district,  a  sum  great 
enough  to  balance  the  accounts. 

§  29.  The  provisions  of  this  act  shall  be  liberally  construed  to  promote  the 
objects  thereof. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Rudel    vs.    Los    Angeles    County,    US    Cal.  sequently    amended    (Stats.    1889.    366)    with 

281,  2S5,  50  Pac.  Rep.  400.  special  reference  to  notice,  publication,  and 

An    act    to    protect    lauds    not    recognized  hearing,    and,    as    amended,    does    not    seem 

as  swamp-lands  trom  overflow   (Stats.   1880,  to  have  ever  come  before  the  supreme  court. 

55)    was    held    unconstitutional    in    not    pro-  It  is  assumed  that  the  acts  mentioned  have 

viding    proper    notice    to    owners    of    lands  been    superseded    by    the    foregoing    Act    of 

assessed,   in  Hutson  vs.   Protection  Dist.,   79  1895,    as    amended. 
Cal.  90,  21  Pac.  Rep.  435.     The  act  was  sub- 

PROTECTION    DISTRICTS— DISSOLUTION. 

See  tit.  Reclamation  Districts. 

PROTECTIVE   ASSOCIATIONS. 

See  tit.  Chambers  of  Commerce. 

PUBLIC    ACCOUNTANTS. 

See  tit.  Accountancy. 

PUBLIC    ADMINISTRATOR— CORONER. 

To  provide  for  public  administrators  in  certain  cases. 
(Stats.  1871-2,  796,  ch.  DL.) 

§  1.  If  the  public  administrator  of  any  count}'  of  this  state  fails  to  qualify, 
or  in  person  fails  to  perform  the  duties  of  his  office,  the  coroner  of  such  county 
shall  be  ex  officio  public  administrator;  and  in  case  both  public  administrator 
and  coroner  fail  to  qualify  or  to  perform  the  duties  appertaining  thereto,  the 
supervisors  shall  appoint  a  suitable  person  to  be  pu])lic  administrator;  and  all 
laws  applicable  to  the  qualification,  powers,  duties,  and  compensation  of  pub- 
lic administrator  shall  apply  to  the  coroner  or  appointee  of  the  supervisors  as 
aforesaid. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

It  may  be  held  that  the  foregoing  statute  §  996).      See   also  KERR'.S   CYC.   POI,.   CODE 

is  superseded  by  subd.  19,  §  25,  County  Gov-  §  4066,  and  annotations  under  .said  §§  996  and 

ernment  Act  (Stats.  1897).     Failure  to  qual-  4066.      Also    annotations    under    §  25,    Cuunt^ 

ify   creates    a   vacancy    (Pol.    Code   subd.    9,  Government,  herein. 

PUBLIC    ASSEMBLAGES, 
See  tits.  Civil  Rights;  Citizens. 

Greenberg   vs.    Western    Turf   Assoc,    140  Cal.   357,   300,   73  Pac.   Rep.   1050. 
See    Stats.    1893,    220. 

PUBLIC   BUILDINGS— ERECTION   OF. 

To  regulate  the  erection  of  public  buildings  and  structures. 
(Stats.  1871-2,  925,  ch.  DCXXVIII.) 

§  1.  When  by  any  statute  of  this  state  power  is  given  to  any  state  or  county 
officer  or  officers,  or  to  any  board  of  supervisors  or  corporation,  or  any  board 


1088  PUBLIC    BUILDINGS — ERECTION    OF— IN    CITY    AND    COUNTY. 

of  trustees  or  commissioners,  or  other  person  or  persons  created  or  appointed 
by  authority  of  any  such  statute,  to  erect,  or  cause  to  be  erected  or  constructed, 
any  state  or  county  or  other  building  or  structure,  it  shall  be  the  duty  of  said 
officer  or  officers,  board  of  supervisors,  corporation,  -or  board  of  trustees,  or 
commissioners,  or  other  person  or  persons,  to  advertise  for  plans  and  specifica- 
tions in  detail  for  said  building  or  other  structure,  and  to  state  in  said  adver- 
tisement the  amount  authorized  by  law  or  otherwise  to  be  expended  for  the 
erection  of  said  building  or  structure ;  and  also  the  premium  to  be  awarded 
to  the  architect  whose  plans  and  specifications  for  the  same  may  be  adopted. 
§  2.  Whenever  the  plans  and  specifications  of  any  architect  shall  be  adopted, 
such  officer  or  officers,  board  of  supervisors,  or  corporation,  or  board  of  trus- 
tees or  commissioners,  or  other  person  or  persons  so  adopting  the  same,  shall 
before  any  premium  shall  be  awarded  for  such  plans  and  specifications,  require 
such  architect  to  execute  and  file  with  such  officer  or  officers,  board  of  super- 
visors, corporation,  or  board  of  trustees  or  commissioners,  or  other  person  or 
persons,  a  good  and  sufficient  bond,  with  two  sufficient  sureties  thereto,  in  the 
penal  sum  of  five  thousand  dollars,  to  be  approved  by  such  officer  or  officers, 
board  of  supervisors,  corporation,  or  board  of  trustees,  or  commissioners,  or 
other  person  or  persons,  as  the  case  may  be,  and  conditioned  that  within  sixty 
days  from  the  date  of  said  bond  he  will,  on  presentment  to  him,  enter  into  a 
contract  containing  such  provisions  and  conditions  as  may  be  required  by  such 
officer  or  officers,  board  of  supervisors,  corporation,  or  board  of  trustees,  or 
commissioners,  or  other  person  or  persons ;  and  also  conditioned  that  he  will 
give  such  further  bond  to  secure  the  faithful  performance  of  such  contract, 
with  such  sureties  as  may  be  required  of  him,  in  the  event  that  such  officer  or 
officers,  board  of  supervisors,  corporation,  or  board  of  trustees  or  commis- 
sioners, or  other  person  or  persons,  so  acting  under  authority  of  law,  should, 
within  said  sixty  days,  require  said  architect  to  enter  into  such  contract  to 
erect  such  building  or  structure,  at  the  price  named  in  said  advertisement  to 
be  expended  for  such  purpose.  In  ease  said  architect  whose  plans  and  speci- 
fications are  adopted  should  enter  into  such  contract,  it  shall  be  the  duty  of 
such  officer  or  officers,  board  of  supervisors,  corporation,  or  board  of  trustees 
or  commissioners,  or  other  person  or  persons,  to  employ  a  competent  architect 
or  superintendent  to  superintend  the  erection  of  such  building  or  structure, 
and  to  see  that  such  plans  and  specifications  are  faithfully  carried  out. 

§  3.  All  contracts  entered  into  by  such  officer  or  officers,  board  of  super- 
visors, corporation,  board  of  trustees,  commissioners,  or  other  person  or  per- 
sons, in  violation  of  the  provisions  of  this  act,  shall  be  null  and  void. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

MitcheU  vs.   Colgan,   122   Cal.   296,   297,   54  Pac.  Kep.   905;  Swasey   vs.   County   Shasta,   141 
Cal.  392-395.  74  Pac.  Rep.  1031. 
See  next  foUowing  statutes. 

PUBLIC    BUILDINGS— CITY    OR    COUNTY. 

To  provide  for  the  completion  of  all  unfinished  county,  city  and  county,  town, 
and  township  buildings  in  the  several  counties,  cities  and  counties,  cities, 
and  towns  throughout  the  state  of  California. 

(Stats.  1887,  95,  ch.  LXXXII ;  §  1  amended  1891,  83,  eh.  LXXXII ;  1893,  126, 
ch.  CXI;  1895,  165,  ch.  CLXL) 


PUBLIC    BUILDINGS — CITY    AND    COUNTY— ASSESSMENTS    FOR.  1089 

§  1.  In  the  event  that  the  board  of  supervisors  of  the  several  counties, 
cities,  and  cities  and  counties  of  the  state  of  California  shall  deem  it  expedient 
to  continue  the  construction  of  any  unfinished  coiuity,  or  city  and  county,  or 
town,  or  township  building  or  buildings  now  in  the  process  of  construction, 
they  are  hereby  authorized  and  empowered  to  express  such  judgment,  by 
resolution  or  order,  in  such  form  as  they  may  deem  proper;  and  for  the  pur- 
pose of  raising  the  money  necessary  to  complete  said  building  or  buildings 
the  board  of  supervisors  of  the  several  counties,  cities,  and  cities  and  counties 
of  the  state  of  California  are  hereby  authorized  and  empowered  to  levy  and 
collect,  annually,  for  the  fiscal  year  commencing  July  first,  eighteen  hundred 
and  eighty-seven,  and  ending  June  thirtieth,  eighteen  hundred  and  eighty-eight, 
and  each  and  every  fiscal  year  thereafter  during  the  eight  fiscal  years  next  en- 
suing, in  the  same  manner  and  at  the  same  times  as  other  taxes  in  said  counties, 
cities  and  towns,  and  townships,  and  cities  and  counties  are  levied  and  collected, 
an  ad  valorem  property  tax  on  real  and  personal  property  within  the  said  coun- 
ties, or  cities  and  counties,  cities,  towns,  and  townships,  of  ten  cents  on  each 
one  hundred  dollars  of  value,  as  shown  by  the  assessment  rolls  of  said  counties, 
cities,  cities  and  counties,  towns,  and  townships  for  the  current  fiscal  year; 
provided,  the  moneys  raised  under  the  provisions  of  this  act  shall  be  expended 
only  in  the  manner  and  for  the  purposes  authorized  by  law  or  by  the  act  or 
acts  authorizing  the  construction  of  the  building  or  buildings;  and  provided 
further,  that  no  part  of  said  moneys  shall  be  used  for  the  purchase  of  carpets, 
furniture,  fixtures,  or  other  office  furnishings  of  the  rooms  or  offices  completed 
and  in  use  at  the  time  of  the  passage  of  this  act,  nor  for  anj'  furniture  or  other 
office  fixtures  or  furnishings  for  the  rooms  or  offices. yet  to  be  completed,  save 
and  except  such  office  fixtures  as  are  usually  affixed  to  and  constitute  a  part  of 
the  permanent  structure  or  arrangement  of  such  offices  or  rooms ;  and  it  is 
further  provided,  that  whenever,  in  the  judgment  of  the  board  of  supervisors 
of  the  several  counties,  cities,  and  cities  and  counties  of  the  state  of  California, 
or  of  any  person  or  persons,  board,  or  commission  having  charge  of  any  build- 
ing or  buildings  now  in  the  process  of  construction,  it  shall  be  deemed  neces- 
sary for  the  preservation  of  the  building  or  buildings,  or  convenient  occupa- 
tion thereof,  or  the  improvement  or  maintenance  of  sanitary  conditions  there- 
in, or  the  protection  of  life,  to  make  repairs  on  said  building  or  buildings,  or 
alterations  thereof  not  inconsistent  with  the  accepted  plan  of  the  building  or 
buildings,  the  board  of  supervisors,  person  or  persons,  board,  or  commission 
having  legal  charge  of  the  same,  shall  have  the  power  to  expend  in  any  one 
year  on  such  repairs  or  alterations,  exclusive  of  the  cost  of  repairs  or  altera- 
tions on  the  roof  or  roofs  thereof,  the  sum  of  ten  thousand  dollars,  and  no 
more ;  which  sum  may  be  expended  without  regard  to  any  of  the  requirements 
of  any  act  or  acts  authorizing  the  construction  of  the  building  or  buildings,  if 
the  amount  expended  at  any  one  time  does  not  exceed  the  sum  of  one  thousand 
dollars ;  but  whenever  an  expenditure  in  excess  of  the  sum  of  one  thoiisand 
dollars  should  be  required,  it  shall  be  made  according  to  the  provisions  of  the 
act  or  acts  authorizing  the  construction  of  the  building  or  buildings,  [Amend- 
ment, Stats.  1895,  166.] 

§  2.  All  laws  now  in  force,  except  in  so  far  as  they  relate  to  the  levy  and 
collection  of  taxes  for  the  completion  of  any  county,  or  city  and  county,  or 

Gen.   Laws — 69 


1088  PUBLIC    BUILDINGS — ERECTION    OF— IN    CITY    AND    COUNTY. 

of  trustees  or  commissioners,  or  other  person  or  persons  created  or  appointed 
by  authority  of  any  such  statute,  to  erect,  or  cause  to  be  erected  or  constructed, 
any  state  or  county  or  other  building  or  structure,  it  shall  be  the  duty  of  said 
officer  or  officers,  board  of  supervisors,  corporation,  -or  board  of  trustees,  or 
commissioners,  or  other  person  or  persons,  to  advertise  for  plans  and  specifica- 
tions in  detail  for  said  building  or  other  structure,  and  to  state  in  said  adver- 
tisement the  amount  authorized  by  law  or  otherwise  to  be  expended  for  the 
erection  of  said  building  or  structure ;  and  also  the  premium  to  be  awarded 
to  the  architect  whose  plans  and  specifications  for  the  same  may  be  adopted. 
§  2.  Whenever  the  plans  and  specifications  of  any  architect  shall  be  adopted, 
such  officer  or  officers,  board  of  supervisors,  or  corporation,  or  board  of  trus- 
tees or  commissioners,  or  other  person  or  persons  so  adopting  the  same,  shall 
before  any  premium  shall  be  awarded  for  such  plans  and  specifications,  require 
such  architect  to  execute  and  file  with  such  officer  or  officers,  board  of  super- 
visors, corporation,  or  board  of  trustees  or  commissioners,  or  other  person  or 
persons,  a  good  and  sufficient  bond,  with  two  sufficient  sureties  thereto,  in  the 
penal  sum  of  five  thousand  dollars,  to  be  approved  by  such  officer  or  officers, 
board  of  supervisors,  corporation,  or  board  of  trustees,  or  commissioners,  or 
other  person  or  persons,  as  the  case  may  be,  and  conditioned  that  within  sixty 
days  from  the  date  of  said  bond  he  will,  on  presentment  to  him,  enter  into  a 
contract  containing  such  provisions  and  conditions  as  may  be  required  by  such 
officer  or  officers,  board  of  supervisors,  corporation,  or  board  of  trustees,  or 
commissioners,  or  other  person  or  persons;  and  also  conditioned  that  he  will 
give  such  further  bond  to  secure  the  faithful  performance  of  such  contract, 
with  such  sureties  as  may  be  required  of  him,  in  the  event  that  such  officer  or 
officers,  board  of  supervisors,  corporation,  or  board  of  trustees  or  commis- 
sioners, or  other  person  or  persons,  so  acting  under  authority  of  law,  should, 
within  said  sixty  days,  require  said  architect  to  enter  into  such  contract  to 
erect  such  building  or  structure,  at  the  price  named  in  said  advertisement  to 
be  expended  for  such  purpose.  In  case  said  architect  whose  plans  and  speci- 
fications are  adopted  should  enter  into  such  contract,  it  shall  be  the  duty  of 
such  officer  or  officers,  board  of  supervisors,  corporation,  or  board  of  trustees 
or  commissioners,  or  other  person  or  persons,  to  employ  a  competent  architect 
or  superintendent  to  superintend  the  erection  of  such  building  or  structure, 
and  to  see  that  such  plans  and  specifications  are  faithfully  carried  out. 

§  3.  All  contracts  entered  into  by  such  officer  or  officers,  board  of  super- 
visors, corporation,  board  of  trustees,  commissioners,  or  other  person  or  per- 
sons, in  violation  of  the  provisions  of  this  act,  shall  be  null  and  void. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

MitcheU  vs.   Colgan,   122   Cal.   296,   297,   54  Pac.  Rep.   905;   Swasey   vs.   County  Shasta,   141 
Cal.  392-395,  74  Pac.  Rep.  1031. 
See  next  foUowing  statutes. 

PUBLIC    BUILDINGS— CITY    OR    COUNTY. 

To  provide  for  the  completion  of  all  unfinished  county,  city  and  county,  town, 
and  township  buildings  in  the  several  counties,  cities  and  counties,  cities, 
and  towns  throughout  the  state  of  California. 
(Stats.  1887,  95,  ch.  LXXXII;  §  1  amended  1891,  83,  ch.  LXXXII;  1893,  126, 
eh.  CXI;  1895,  165,  ch.  CLXI.) 


I 


PUBLIC    BUILDINGS — CITY    AND    COUNTY— ASSESSMENTS    FOR.  1089 

§  1.  In  the  event  that  the  board  of  supervisors  of  the  several  counties, 
cities,  and  cities  and  counties  of  the  state  of  California  shall  deem  it  expedient 
to  continue  the  construction  of  any  unfinished  county,  or  city  and  county,  or 
town,  or  township  building  or  buildings  now  in  the  process  of  construction, 
they  are  hereby  authorized  and  empowered  to  express  such  judgment,  by 
resolution  or  order,  in  such  form  as  they  may  deem  proper;  and  for  the  pur- 
pose of  raising  the  money  necessary  to  complete  said  building  or  buildings 
the  board  of  supervisors  of  the  several  counties,  cities,  and  cities  and  counties 
of  the  state  of  California  are  hereby  authorized  and  empowered  to  levy  and 
collect,  annually,  for  the  fiscal  year  commencing  July  first,  eighteen  hundred 
and  eighty-seven,  and  ending  June  thirtieth,  eighteen  hundred  and  eighty-eight, 
and  each  and  every  fiscal  year  thereafter  during  the  eight  fiscal  years  next  en- 
suing, in  the  same  manner  and  at  the  same  times  as  other  taxes  in  said  counties, 
cities  and  towns,  and  townships,  and  cities  and  counties  are  levied  and  collected, 
an  ad  valorem  property  tax  on  real  and  personal  property  within  the  said  coun- 
ties, or  cities  and  counties,  cities,  towns,  and  townships,  of  ten  cents  on  each 
one  hundred  dollars  of  value,  as  shown  by  the  assessment  rolls  of  said  counties, 
cities,  cities  and  counties,  towns,  and  townships  for  the  current  fiscal  year; 
provided,  the  moneys  raised  under  the  provisions  of  this  act  shall  be  expended 
only  in  the  manner  and  for  the  purposes  authorized  by  law  or  by  the  act  or 
acts  authorizing  the  construction  of  the  building  or  buildings ;  and  provided 
further,  that  no  part  of  said  moneys  shall  be  used  for  the  purchase  of  carpets, 
furniture,  fixtures,  or  other  office  furnishings  of  the  rooms  or  offices  completed 
and  in  use  at  the  time  of  the  passage  of  this  act,  nor  for  anj'  furniture  or  other 
office  fixtures  or  furnishings  for  the  rooms  or  offices. yet  to  be  completed,  save 
and  except  such  office  fixtures  as  are  usually  affixed  to  and  constitute  a  part  of 
the  permanent  structure  or  arrangement  of  such  offices  or  rooms ;  and  it  is 
further  provided,  that  whenever,  in  the  judgment  of  the  board  of  supervisors 
of  the  several  counties,  cities,  and  cities  and  counties  of  the  state  of  California, 
or  of  any  person  or  persons,  board,  or  commission  having  charge  of  any  build- 
ing or  buildings  now  in  the  process  of  construction,  it  shall  be  deemed  neces- 
sary for  the  preservation  of  the  building  or  buildings,  or  convenient  occupa- 
tion thereof,  or  the  improvement  or  maintenance  of  sanitary  conditions  there- 
in, or  the  protection  of  life,  to  make  repairs  on  said  building  or  buildings,  or 
alterations  thereof  not  inconsistent  with  the  accepted  plan  of  the  building  or 
buildings,  the  board  of  supervisors,  person  or  persons,  board,  or  commission 
having  legal  charge  of  the  same,  shall  have  the  power  to  expend  in  any  one 
year  on  such  repairs  or  alterations,  exclusive  of  the  cost  of  repairs  or  altera- 
tions on  the  roof  or  roofs  thereof,  the  sum  of  ten  thousand  dollars,  and  no 
more ;  which  sum  may  be  expended  without  regard  to  any  of  the  requirements 
of  any  act  or  acts  authorizing  the  construction  of  the  building  or  buildings,  if 
the  amount  expended  at  any  one  time  does  not  exceed  the  sum  of  one  thousand 
dollars;  but  whenever  an  expenditure  in  excess  of  the  sum  of  one  thousand 
dollars  should  be  required,  it  shall  be  made  according  to  the  provisions  of  tho 
act  or  acts  authorizing  the  construction  of  the  building  or  buildings.  [Amend- 
ment, Stats.  1895,  166.] 

§  2.  All  laws  now  in  force,  except  in  so  far  as  they  relate  to  the  levy  and 
collection  of  taxes  for  the  completion  of  any  county,  or  city  and  county,  or 

Gen.   Laws — 69 


1090  PUBLIC   BUILDINGS— CITY   AND   COUNTY — COMPLETION    OF. 

city,  or  towns,  or  townships  building  or  buildings,  are  hereby  continued  in 
full  force  and  effect. 

Laver  vs.  EHert,  110  Cal.  221,  222,  42  Pac.  Rep.    806. 
See  next  following  statute  as  to  alteration   of  plans. 

PUBLIC    BUILDINGS— CITY    OR    COUNTY. 

Concerning  the  completion  of  unfinished  public  buildings  in  any  county,  city, 
city  and  county,  or  town  in  this  state,  and  permitting  alterations  of  the 
original  plans  or  designs  for  the  construction  thereof. 

(Stats.  1895,  166,  ch.  CLXII.) 

§  1.  Where  there  are  any  unfinished  public  building  or  buildings  now  in 
process  of  construction  in  any  county,  city,  city  and  county,  or  town  in  this 
state,  the  board  of  supervisors  or  other  governing  body  of  any  couniy,  city, 
city  and  county,  or  town,  or  any  commission  created  by  an  act  of  the  legis- 
lature, having  in  charge  the  construction  of  such  unfinished  building,  shall 
have  the  right  in  the  construction  thereof  to  omit  from  the  original  or  adopted 
plan  therefor  such  part  or  parts  as  in  their  judgment  they  shall  deem  neces- 
sary to  be  left  out ;  provided,  no  contract  has  been  let  for  the  construction  of 
such  part  or  parts.  If,  in  the  judgment  of  such  officers,  the  public  good  re- 
quires, they  may  let  contracts  according  to  law  for  the  construction,  in  whole 
or  in  part,  of  the  unfinished  portions  of  such  public  building  or  buildings  in 
accordance  with  such  altered  plan.  When  the  same  shall  have  been  con- 
structed in  atjcordance  with  such  altered  plan,  the  building  shall  be  deemed 
to  have  been  completed. 

§  2.  Whenever,  during  the  construction  of  such  public  building  or  build- 
ings, changes  in  the  original  plans  or  designs  have  heretofore  been  made,  and 
contracts  for  the  construction  of  the  work,  in  whole  or  in  part,  in  accordance 
with  the  altered  plans  or  designs,  have  been  entered  into  by  the  board  of 
supervisors,  or  other  governing  body  of  any  county,  city,  city  and  county,  or 
town,  or  by  the  commission  having  the  construction  thereof  in  charge,  the 
said  alteration  of  the  original  plans  or  designs  that  have  been  made  and  con- 
tracts for  same  that  have  been  entered  into,  are  hereby  ratified,  approved,  and 
confirmed. 

§  3.     This  act  shall  take  efiPect  from  and  after  its  passage. 

See    tits.    County   Government;   Municipal  Corporations;    Public    Worlts. 

PUBLIC   BUILDINGS— STATE. 

To   regulate   contracts   on   behalf   of   the   state,   in   relation   to    erections   and 

buildings. 

(Stats.  1875-6,  427,  ch.  CCCXXV;  amended  1891,  457,  ch.  CCXLII;  1895,  237, 
ch.  CXCI;  1905,  416,  ch.  CCCLII.) 

§  1.  That  in  all  cases  where  the  commissioners,  directors,  trustees,  or  other 
officer  or  officers,  to  whom  is  confided  by  law  the  duty  of  devising  and  superin- 
tending the  erection,  alteration,  addition  to,  or  improvement  of  any  state  insfi- 
tution,  asylum,  or  other  improvement,  erected,  or  now  being  erected,  or  to  be 
erected,  by  the  state,  such  commissioners,  directors,  trustees,  or  other  officer  or 


PUBLIC   BUILDINGS— state:— BIDS    AND    CONTRACTS.  1001 

officers,  before  entering  into  any  contract  for  the  erection,  alteration,  addition 
to,  or  improvement  of  such  institution,  asylum,  or  other  improvement,  or  for 
the  supply  of  materials  therefor,  the  aggregate  cost  of  which  erection,  alteration, 
addition,  or  improvement,  and  materials  therefor,  exceed  the  sum  of  three  thou- 
sand dollars,  shall  make,  or  procure  to  be  made,  a  full,  complete,  and  accurate 
plan  or  plans  of  such  institution,  asylum  or  other  improvement,  or  of  any  addi- 
tion to,  or  alteration  or  improvement  thereof,  in  all  its  parts,  showing  all  the 
necessary  details  of  the  work,  together  with  working  plans  suitable  for  the  use 
of  the  mechanics  or  other  builders  during  the  construction  thereof,  so  drawn  and 
represented  as  to  be  plain  and  easily  understood;  and  also  accurate  bills,  show- 
ing the  exact  amount  of  all  the  different  kinds  of  materials  necessary  in  the 
erection  thereof,  addition  thereto,  or  in  the  alteration  or  improvement  thereof, 
to  accompany  said  plan  or  plans;  and  also  full  and  complete  specifications  of 
the  work  to  be  done,  showing  the  manner  and  style  in  which  the  same  will  be 
required  to  be  done,  giving  such  directions  for  the  same  as  will  enable  any 
competent  mechanic  or  other  builder  to  carry  them  out,  and  afford  the  bidders 
all  needful  information  to  enable  them  to  understand  what  will  be  required  in 
the  erection,  addition  to,  alteration,  or  improvement  of  such  institution,  asylum, 
or  other  improvement ;  and  to.  make,  or  cause  to  be  made,  a  full,  accurate,  and 
complete  estimate  of  each  item  of  expense,  and  the  entire  aggregate  cost  of 
such  institution,  asylum,  or  other  improvement,  or  of  any  addition  to,  alteration 
or  improvement  thereof,  when  completed. 

§  2.  That  such  plans,  drawings,  representations,  bills  or  materials,  and 
specifications  of  work,  and  estimates  of  the  cost  thereof,  in  detail  and  in  the 
aggregate,  as  are  required  in  the  first  section  of  this  act  to  be  made,  shall  be, 
when  made,  submitted  to  the  governor,  state  treasurer,  and  secretary  of  state, 
for  their  approval,  and  if  approved  by  them,  a  copy  thereof  shall  be  deposited 
and  safely  kept  in  the  office  of  controller  of  state. 

§  3.  That  after  such  plans,  descriptions,  bills  of  materials,  and  specifica- 
tions and  estimates  as  are  in  this  act  required  are  made  and  approved,  in  accord- 
ance with  the  requirements  of  this  act,  it  shall  be  and  is  hereby  made  the  duty 
of  such  commissioners,  directors,  trustees,  or  other  officer  or  officers  to  whom  the 
duty  of  devising  and  superintending  the  erection,  addition  to,  alteration,  or 
improvement  of  such  institution,  asylum,  or  other  improvement  as  in  this  act 
provided  to  give  or  cause  to  be  given  public  notice  of  the  time  and  place  when 
and  where  sealed  proposals  will  be  received  for  performing  the  labor  and  fur- 
nishing the  materials  necessary  to  the  erection  of  such  institution,  asylum,  or 
other  improvement,  or  for  the  adding  to,  altering,  or  improvement  thereof,  and 
a  contract  or  contracts  based  on  such  sealed  proposals  will  be  made,  Avhich  notice 
will  be  published  weekly  for  four  consecutive  weeks  next  preceding  the  day 
named  for  the  making  of  such  contract  or  contracts,  in  three  papers  specially 
representing  the  building  trades,  and  having  the  largest  circulation  and  pub- 
lished each  in  the  cities  of  San  Francisco,  Los  Angeles,  and  Sacramento;  also  in 
a  newspaper  having  a  general  circulation  in  the  county  where  the  work  is  to  be 
let,  and  shall  state  when  and  where  such  plan  or  plans,  descriptions,  bills,  and 
specifications  can  be  seen,  and  which  shall  be  open  to  public  inspection  at  all 
business  hours  between  the  date  of  such  notice  and  the  making  of  such  contract 
or  contracts;  provided,  however,  that  the  rates  of  said  advertisements  shall  not 


1092  PUBLIC    BUILDINGS — STATE— OPENING    OF    BIDS. 

exceed  the  regular  advertising  rates  for  similar  matter,  whether  public  or  pri- 
vate, in  such  paper  or  papers. 

The  aforesaid  notice  must  state  that  separate  bids  will  be  received  and 
separate  contracts  let  for  the  performance  of  each  of  the  following  parts  of 
said  erection,  addition,  alteration,  or  improvement,  including  the  furnishing 
of  materials  and  labor  necessary  therefor,  viz. :  First,  for  the  masonry  work, 
including  all  brick,  stone,  terra  cotta,  and  concrete  work,  and  all  necessary 
excavations  and  filling;  second,  for  the  iron  work;  third,  for  the  carpenter, 
plastering,  electric,  and  glazing  work;  fourth,  for  the  plumbing  and  gas-fitting 
work;  fifth,  for  the  heating  work;  sixth,  for  the  tinning,  galvanized  iron,  and 
slating  work ;  and  seventh,  for  the  painting  and  graining  work ;  and  there  shall 
be  in  all  such  cases  as  many  separate  contracts  let  therefor  as  there  are  different 
kinds  of  work,  according  to  the  foregoing  classification,  whether  the  same  be 
let  by  the  state  board  of  harbor  commissioners  or  any  other  of  the  aforesaid 
commissioners,  directors,  trustees,  or  other  officer  or  officers.  [Amendment, 
Stats.  1905,  416.] 

§  4.  That  on  the  day  named  in  said  public  notice,  said  commissioners,  di- 
rectors, trustees,  or  officer  or  officers,  as  aforesaid,  shall  proceed  to  publicly  open 
said  sealed  proposals,  and  shall  award  such  contract  or  contracts  for  doing  the 
work  and  furnishing  materials  for  the  same  to  the  lowest  bidder,  giving  re- 
sponsible bonds;  provided  always,  that  no  proposals  shall  be  considered  unless 
accompanied  with  a  bond  of  said  proposer,  equal  to  ten  per  centum  of  his 
proposal,  with  sufficient  sureties,  conditioned  that  if  said  proposal  shall  be 
accepted  the  party  proposing  will  duly  enter  into  a  proper  contract,  and  faith- 
fully perform  his  or  their  contract  or  contracts,  in  accordance  with  said  pro- 
posal, and  the  plan  or  plans,  specifications,  and  descriptions,  which  shall  be 
and  are  hereby  made  a  part  of  such  contract  or  contracts ;  and  provided  further, 
that  such  contract  or  contracts  shall  not  be  binding  on  the  state  until  they  are 
submitted  to  the  attorney-general,  and  by  him  found  to  be  in  accordance  with 
the  provisions  of  this  act,  and  his  certificate  thereon  to  that  effect  made;  and 
provided  further,  that  if  in  the  opinion  of  such  commissioners,  directors,  trustees, 
or  other  officer  or  officers,  the  acceptance  of  the  lowest  bid  or  bids  shall  not  be 
for  the  best  interest  of  the  state,  it  may  be  lawful  for  them,  with  the  written 
advice  and  consent  of  the  governor,  state  treasurer,  and  secretary  of  state,  to 
accept  such  proposal  or  proposals  opened,  as  in  their  opinion  may  be  better 
for  the  interests  of  the  state,  or  reject  all  proposals  and  advertise  for  others  in 
the  manner  aforesaid.  All  contracts  shall  provide  that  such  commissioners, 
directors,  trustees,  or  other  officer  or  officers  may,  as  hereinafter  provided,  and 
on  the  conditions  stated,  make  any  change  in  the  work  or  materials. 

§  5.  That  no  change  of  the  plan  or  plans,  descriptions,  bills  of  materials,  or 
specifications  which  shall  either  increase  or  decrease  the  cost  of  said  institution, 
asylum,  building,  or  improvement,  exceeding  the  sura  of  one  thousand  dollars, 
shall  be  made  or  allowed  after  they  are  once  approved  and  filed  with  the 
controller  of  state  as  herein  required,  until  such  proposed  change  shall  have 
received  the  approval  of  the  governor,  state  treasurer,  and  secretary  of  state; 
and  when  so  approved,  the  plan  or  plans  of  such  change,  with  the  description 
thereof,  and  the  specifications  of  the  work,  and  bills  of  material,  shall  be  filed  with 
the  controller  of  state  in  the  same  manner  as  required  before  such  change  was 


PUBLIC     BUILDINGS— STATEJr— LETTING    COX TIIACT— BOND.  1003 

made ;  and  no  allowance  Avhatever  shall  be  made  for  work  performed  or  materials 
furnished  under  such  change  of  plan  or  plans,  or  descriptions  or  specifications, 
or  bills  of  materials,  unless,  before  such  labor  is  performed  and  materials  fur- 
nished, a  contract  or  contracts  therefor  is  made  in  writing,  which  contract  or 
contracts  shall  show  distinctly  the  nature  of  such  change,  and  shall  be  subject 
to  all  the  conditions  and  provisions  herein  imposed  upon  the  original  contracts, 
and  be  subject  also  to  the  approval  of  the  attorney-general  as  hereinbefore  pro- 
vided ;  provided,  that  all  changes  in  the  contract  exceeding  five  hundred  dollars 
shall  be  by  contracts  in  writing,  with  full  specifications  and  estimates,  and  shall 
become  a  part  of  the  original  contract,  and  shall  be  filed  with  the  controller  of 
state,  with  the  original  contract;  and  provided  further,  that  the  amount  of 
such  change  in  the  contract,  plans,  descriptions,  bills  of  materials,  or  specifica- 
tions shall  not,  in  the  aggregate,  increase  the  cost  of  construction  of  said  institu- 
tion, asylum,  building,  or  improvement  more  than  three  per  centum  of  the 
original  contract  price  or  cost. 

§  6.  That  no  contract  or  contracts  shall  be  made  for  the  labor  or  material 
herein  provided  for  at  a  price  in  excess  of  the  entire  estimate  thereof  in  this 
act  required  to  be  made,  and  the  entire  contract  or  contracts  shall  not,  including 
estimates  of  expenses  for  architects  and  otherwise,  exceed  in  the  aggregate  the 
amount  authorized  by  law  for  such  institution,  asylum,  building,  or  other  im- 
provement, or  such  addition  to,  or  alteration  or  improvement  thereof,  under  the 
penalties  of  section  ten  of  this  act  hereinafter  provided. 

§  7.  At  the  time  or  times  named  in  the  contract  or  contracts  made  and  filed 
with  the  controller  of  state,  or  which  has  been  previously  made  and  filed  with  him, 
in  accordance  with  the  provisions  of  this  act,  for  payment  to  the  person  or 
persons  with  whom  such  contract  or  contracts  has  been  made,  it  shall  be  and  is 
hereby  made  the  duty  of  the  commissioners,  directors,  trustees,  or  other  officer 
or  officers,  to  whom  is  confided  the  duty  of  superintending  the  erection  of  such 
institution,  asylum,  building,  or  improvement,  or  adding  to,  altering,  or  improv- 
ing the  same,  to  make  or  cause  to  be  made  a  full,  accurate,  and  detailed  estimate 
of  the  various  kinds  of  labor  performed  and  materials  furnished  under  such 
contract  or  contracts,  with  the  amount  due  for  each  kind  of  labor  and  materials, 
and  the  amount  due  in  the  aggregate,  w'hich  estimate  shall  be  based  upon  an 
actual  measurement  of  the  labor  so  performed  and  materials  so  furnished,  which 
estimate  shall,  in  all  cases,  give  the  amounts  of  the  preceding  estimate  or  esti- 
mates, and  the  amount  of  labor  performed  and  materials  furnished  since  the  last 
estimate,  which  estimate  or  estimates  so  made,  as  in  this  act  required,  shall  be 
recorded  in  a  book  for  that  purpose  to  be  provided  and  kept,  or  caused  to  be 
kept,  by  the  said  commissioners,  directors,  trustees,  or  other  officer  or  officers, 
and  a  certified  copy  thereof,  addressed  to  the  controller  of  state  by  the  said 
commissioners,  directors,  trustees,  or  other  officer  or  officers,  or  by  such  person 
as  they  may  designate  for  that  purpose,  be  delivered  to  the  contractor  or 
contractors,  entitled  thereto;  provided,  that  upon  all  estimates  of  materials 
furnished  and  delivered,  and  not  actually  having  entered  into  and  become  a  part 
of  said  institution,  building  or  other  improvement,  there  shall  not  be  paid,  until 
the  same  shall  be  incorporated  into  and  become  a  part  of  said  institution,  build- 
ing, or  other  improvement,  exceeding  fifty  per  centum  of  such  estimated  value. 

§  8.     It  shall  be  the  duty  of  the  controller  of  state,  on  the  receipt  of  such  esti- 


1094  PUBLIC    BUILDINGS — STATE— FRAUDULENT    PLANS,    ETC. — PENALTY. 

mate  so  certified  and  approved,  to  compare  carefully  the  same  with  the  contract 
or  contracts  under  which  labor  was  done  or  materials  furnished,  and  if  there  had 
been  any  previous  estimates,  then  with  such  estimates;  and  if,  upon  such  com- 
parison, he  shall  find  such  last-named  estimate  in  all  respects  correct,  he  shall 
number  the  same,  place  it  on  file,  and  have  a  record  thereof  made,  and  give  to 
the  person  or  persons  entitled  thereto,  taking  his  or  their  receipt  therefor,  a 
warrant  on  the  treasurer  of  state  for  the  amount  shown  by  such  estimate  or 
estimates  to  be  due,  less  the  amount  of  ten  per  centum  thereon,  which  shall  be 
retained  as  an  additional  security  for  the  faithful  performance  of  his  or  their 
contract  or  contracts,  and  shall  be  forfeited  to  the  state  in  the  event  of  a  failure 
of  such  contractor  or  contractors  to  conform  in  good  faith  to  the  terms  and 
conditions  of  such  contract  or  contracts;  but  when  the  labor  to  be  performed 
and  materials  furnished,  under  such  contract  or  contracts,  is  performed  and 
furnished,  and  a  final  estimate  thereof  made,  the  controller  of  state  shall  include 
in  the  warrant  or  warrants  for  the  amount  of  such  last  estimate  the  percentage 
retained  on  former  estimates. 

§  9.  The  treasurer  of  state  shall  pay  the  warrants  issued  by  the  controller  of 
state,  under  and  by  virtue  of  the  provisions  of  this  act,  placing  the  same  on 
file  and  keeping  a  register  of  the  names  of  the  person  or  persons  to  whom  such 
warrants  are  paid. 

§  10.  Any  commissioner,  director,  trustee,  or  other  officer  or  person  other- 
wise appointed,  whose  duty  it  is  to  superintend,  in  whole  or  in  part,  the  erection 
of  such  institution,  asylum,  building,  or  improvement,  or  of  adding  to,  altering, 
or  the  improvement  thereof,  or  the  making  of  the  plans,  descriptions,  and  speci- 
fications of  the  labor  to  be  performed  and  materials  to  be  furnished,  as  provided 
in  this  act,  and  the  estimates  of  the  cost  thereof,  or  the  estimates  of  the  amount 
of  labor  done  and  materials  furnished  from  time  to  time,  under  and  in 
accordance  with  the  terms  and  conditions  of  the  contracts  in  this  act 
authorized  to  be  made,  and  the  provisions  of  this  act,  who  shall,  in  the  perform- 
ance of  the  duty  herein  imposed  upon  him  or  upon  them,  knowingly  make  in- 
complete or  fraudulent  plans,  drawings,  bills  of  materials,  specifications  of  work, 
or  estimates  of  the  cost  thereof,  or  permit  the  work  in  any  other  manner  than  is 
prescribed  in  such  plans,  descriptions,  and  specifications,  or  with  materials  in- 
ferior to  that  required  by  such  bills  of  materials,  to  the  injury  of  the  state ;  or 
shall  knowingly  make  false  estimates  of  the  labor  done  or  materials  furnished, 
either  in  the  quantity,  or  price  thereof,  to  the  injury  of  the  state ;  or  any  con- 
tractor, or  any  agent  of  any  contractor  or  contractors,  who  shall  knowingly  per- 
mit materials  to  be  used  or  work  to  be  done  inferior  to,  or  in  violation  of,  the 
contract  of  such  contractor  or  contractors,  to  the  injury  of  the  state,  shall  be 
deemed  and  held  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  confined 
in  the  state  pri.son  for  not  less  than  one  year  nor  more  than  five  years,  and 
be  liable  to  the  state  for  double  the  amount  the  state  may  have  lost,  or  be  liable 
to  lose,  by  reason  thereof. 

§  11.  It  shall  be  the  duty  of  the  attorney-general  to  have  charge  of  and  direct 
all  the  proceedings  necessary  to  enforce  the  contracts  authorized  by  this  act  and 
the  provisions  of  this  act,  against  such  person  or  persons  as  become  liable  to  the 
penalties  herein  prescribed. 

§  12.     Whenever,  in  the  opinion  of  the  commissioners,  directors,  trustees,  or 


PUBLIC    BLILDIXGS— STATE— ERECTION— ADDITIONAL    FORCE.  1005 

other  officers  charged  with  the  duty  of  devising  and  superintending  the  erection, 
alteration,  addition  to,  or  improvement  of  any  state  in.stitution,  asylum,  building, 
or  other  improvement  under  this  act,  or  any  law  of  this  state,  the  work  under 
any  contract  made  in  pursuance  of  this  act,  or  any  such  law,  is  neglected  by 
the  contractor  or  contractors,  or  that  the  same  Ls  not  prosecuted  with  the  dili- 
gence and  force  specified,  meant,  or  intended  in  and  by  the  terms  of  the  contract, 
it  shall  be  lawful  for  such  commissioners,  directors,  trustees,  or  other  officers  to 
make  a  requisition  upon  such  contractor  or  contractors  for  such  additional 
specific  force,  or  for  such  additional  specific  materials,  to  be  brought  into  the 
work  under  such  contract,  or  to  remove  improper  materials  from  the  grounds,  as 
in  the  judgment  of  such  commissioners,  directors,  trustees,  or  other  officers,  said 
contract  and  its  due  and  faithful  fulfilment  require;  of  which  action  of  said 
board  or  other  officers,  due  notice  in  writing  of  not  less  than  five  days,  shall  be 
served  upon  such  contractor,  or  his  or  their  agent  having  charge  of  the  work. 
And  if  such  contractor  or  contractors  fail  to  comply  with  such  requisition  within 
fifteen  days,  it  shall  be  lawful  for  said  commissioners,  directors,  trustees,  or 
other  officers,  with  the  consent,  in  writing,  of  the  governor,  treasurer  of  state,  and 
secretary  of  state,  to  employ  upon  such  work  the  additional  force,  or  supply  the 
materials  so  specifically  required  as  aforesaid,  or  such  part  of  either  as  they  may 
deem  proper,  and  to  remove  improper  materials  from  the  grounds;  and  it  shall 
be  the  duty  of  such  commissioners,  directors,  trustees,  or  other  officers,  to  make 
separate  estimates  of  all  such  additional  force  or  materials  so  employed  or 
supplied  as  aforesaid,  and  which,  being  certified  to  by  said  commissioners,  direc- 
tors, trustees,  or  other  officers,  shall  be  paid  by  the  controller  of  state  the  same 
as  if  made  out  agreeably  to  section  seven  of  this  act,  and  the  amount  so  paid 
shall  be  charged  against  said  contractor  or  contractors,  and  deducted  from  his 
or  their  next,  or  any  subsequent,  estimate ;  or  the  same,  or  any  part  thereof,  not 
paid  as  aforesaid,  may  be  recovered  by  action  fi'om  such  contractor  or  con- 
tractors, and  their  sureties. 

§  13.  In  all  contracts  made  under  the  provisions  of  this  act,  there  shall  be 
a  provision  in  regard  to  the  time  when  the  whole,  or  any  specified  portion,  of  the 
work  contemplated  in  said  contract  shall  be  completed,  and  also  providing  that 
for  each  and  every  day  the  same  shall  be  delayed  beyond  such  time  or  times  so 
named,  the  said  contractor  or  contractors  shall  forfeit  and  pay  to  the  state  a 
sum  of  money,  to  be  fixed  and  determined  in  said  contract,  to  be  deducted  from 
any  payment  or  payments  due,  or  to  become  due,  to  said  contractor  or  con- 
tractors. 

§  14.     All  contracts  now  made  and  not  performed,  for  the  erection,  alteration 
addition  to,  or  improvement  of  any  state  institution,  asylum,  building,  or  other 
improvement,  shall,  as  far  as  practicable,  be  performed,  completed,  and  enforced 
and  settled  for  under  this  act,  or  may,  by  the  consent  of  the  contracting  parties, 
be  made  to  conform  to  and  proceed  under  the  provLsions  of  this  act. 

§  15.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  16.     This  act  shall  take  effect  from  and  after  its  passage. 

As    to    unfinished    municipal    and    county  The  Newport  W.  &  L.  Co.  vs.  Drew,  125  Cal. 

l)Uilding-s,    see    succeeding    acts.  585,   591,   5S   Pac.   Rep.   187. 

Stats.    1875-6,    437.— Bateman    vs.    Colgan,  Stats.  188.-».  237.— Bateman  vs.  Colffan,   111 

111    Cal.    580,    582,    44    Pac.    Rep.    238.      §7—  Cal.    580,   5S7,    44   Pac.   Rep.    238. 


1086  PUBLIC    INSTITUTIONS — EXCHANGE    OF    COMMODITIES. 

PUBLIC   INSTITUTIONS— EXCHANGE    OF    COMMODITIES. 

Providing  for  the  exchange  of  commodities  between  the  public  institutions 
owned  or  managed  and  controlled  by  the  state,  or  the  political  divisions 
thereof. 

(Stats.  1905,  185,  ch.  CXCI.) 

§  1,  It  shall  be  the  duty  of  the  state  board  of  examiners,  within  six  months 
after  the  passage  of  this  act,  to  arrange,  so  far  as  may  be  practical,  for  an 
exchange  of  surplus  products,  either  manufactured  or  natural,  between  the  sev- 
eral public  institutions  owned  or  managed  and  controlled  by  the  state,  or  the 
political  divisions  thereof. 

§  2.  It  shall  be  the  duty  of  the  state  board  of  examiners  to  so  distribute  and 
arrange,  with  the  assistance  of  the  boards  of  managers,  directors  or  trustees  of 
the  several  institutions  referred  to  in  section  one  of  this  act,  the  labor  and  industry 
of  their  inmates  that  it  will  prove  conducive  to  their  mutual  assistance,  with  a 
view  of  advancing  the  economic  management  of  all  the  institutions  owned  or 
managed  and  controlled  by  the  state,  or  the  political  divisions  thereof;  and  all 
such  surplus  products  shall  not  be  sold  or  disposed  of  to  any  individual,  cor- 
poration or  association  not  connected  with  the  state,  or  any  political  division 
thereof,  so  long  as  there  shall  be  any  demand  for  any  such  products  by  any 
public  institutions  owned  or  managed  and  controlled  by  the  state,  or  the  political 
divisions  thereof. 

§  3.  In  estimating  the  value  of  such  articles  for  the  purpose  of  such  exchange 
or  sale  between  public  institutions,  the  cost  of  producing  or  raising  such  prod- 
ucts, with  ten  per  centum  added,  shall  be  the  sale  price  thereof. 

§  4.  Each  institution  shall  notify  the  state  board  of  examiners  what  surplus 
products  they  have  to  dispose  of,  as  set  forth  in  this  act,  and  the  state  board  of 
examiners  shall  notify  all  the  other  institutions  owned  or  managed  and  con- 
trolled by  the  state,  or  the  political  divisions  thereof,  that  such  articles  can  be 
procured  and  where,  and  thereupon  the  provisions  of  section  two  of  this  act  shall 
become  effective,  and  the  state  board  of  examiners  shall  allow  no  claims  for  the 
purchase  of  any  products  from  any  individual,  corporation  or  association  so 
long  as  the  same  might  have  been  procured  from  a  state  institution  after  it  had 
been  duly  notified  of  that  fact. 

§  5.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

PUBLIC  LANDS. 

See  tit.  Lands — Public. 

'  PUBLIC   NUISANCE. 

See  tits.  District  Attorney;  Nuisances. 

PUBLIC   OFFICE. 

Constitutional    right. — Matter    of    Carter,    141    Gal.    316,    318,    74    Pac.    Rep.    997. 


PUBLIC    OFFICERS— CONTRACTS    BY— RATIFICATION.  lOUT 

PUBLIC   OFFICERS. 

Making  a  conspiracy  to  commit  any  crime  against  the  person  of,  or  an  attempt 
to  kill  or  commit  any  assault  upon,  the  president  or  vice-president  of  the 
United  States,  the  governor  of  any  state  or  territory,  any  United  States 
justice  or  judge,  or  the  secretary  of  any  executive  department  of  the  United 
States,  a  felony  j  and  providing  a  penalty  therefor. 

(Stats.  1903,  58,  ch.  LV.) 

§  1.  If  two  or  more  persons  conspire  to  commit  any  crime  against  the  person 
of  the  president  or  vice-president  of  the  United  States,  the  governor  of  any  state 
or  territory,  any  United  States  justice  or  judge,  or  the  secretary  of  any  of  the 
executive  departments  of  the  United  States,  they  are  guilty  of  a  felony ;  and  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the  state  prison  not 
less  than  ten  years. 

§  2.  Every  person  who  attempts  to  kill,  or  who  commits  any  assault  upon 
the  president  or  vice-president  of  the  United  States,  the  governor  of  any  state 
or  territory,  any  United  States  justice  or  judge,  or  the  secretary  of  any  of  the 
executive  departments  of  the  United  States,  is  guilty  of  a  felony ;  and  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the  state  prison  not  less 
than  ten  years. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Contractu  by. — See  next  foUowlng  statute. 

PUBLIC  OFFICERS-CONTRACTS. 

Concerning  confirming  and  ratifying  leases  and  other  contracts  made  by  any 
officer  or  boards  of  officers  of  this  state. 

(Stats.  1901,  601,  ch.  CXCV.) 

§  1.  All  leases  for  terminal  facilities  made  or  executed  by  any  state  officer 
or  board  of  state  officers  to  any  person,  persons  or  corporation  within  two  years 
prior  to  the  passage  of  this  act  and  which  shall  be  on  file  in  the  office  of  the. 
secretary  of  state  on  or  before  February  fifteenth,  nineteen  hundred  and  one, 
are  hereby  recognized,  approved  and  ratified,  and  the  terms,  covenants  and  con- 
ditions thereof  shall  bind  the  parties  thereto,  their  successors  and  assigns,  and 
the  state  of  California. 

§  2.  The  lease  of  the  lands  known  as  China  Basin  in  the  city  and  county  of 
San  Francisco  to  the  San  Francisco  and  San  Joaquin  Valley  Railway  Company 
for  terminal  facilities,  made  on  November  twenty-first,  nineteen  hundred,  by  and 
between  said  company  and  the  board  of  .state  harbor  commissioners,  is  hereby 
approved  and  ratified,  and  the  covenants,  conditions,  and  terms  thereof  shall 
bind  the  parties  thereto,  their  succes.sors  and  assigns,  and  the  state  of  California. 

§  3.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 

See   tits.   Bonds;   Candidates;   Public  Build ingrs;    Public    Property;    Wagem. 


1098  PUBLIC   PROPERTY,   INVENTORIES— PUBLIC    SERVICE,    ELIGIBILITY. 

PUBLIC    PROPERTY— INVENTORIES. 

To  require  an  inventory  of  state  and  county  property,  and  directing  that  record 

of  the  same  be  kept. 

(Stats.  1897,  5,  eh.  VII;  amended  1901,  93,  ch.  LXXVIII.) 

§  1.  It  shall  be  the  duty  of  all  state  officers,  boards  and  commissions,  of  every 
kind  having  in  charge  property  belonging  to  the  state  to  make  an  inventory 
thereof  within  ninety  days  from  and  after  the  passage  of  this  act,  and  also  on 
or  before  the  thirty-first  day  of  December,  one  thousand  eight  hundred  and 
ninety-eight,  and  annually  thereafter,  of  all  property  purchased  with  state 
money  and  in  their  keeping.  The  report  of  said  inventory  shall,  under  oath,  be 
made  to  the  state  board  of  examiners,  and  said  inventory  shall  be  recorded  by 
said  board  of  examiners,  in  a  book  prepared  for  that  purpose.  Any  state  officer 
or  clerk  or  member  of  any  board  or  commission  of  any  kind  having  in  charge 
property  belonging  to  the  state,  who  fails  to  make  the  inventory  herein  provided 
for  within  the  time  limited,  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor.     [Amendment,  Stats.  1901,  93.] 

§  2.  It  shall  be  the  duty  of  all  county  officers,  including  supervisors,  super- 
intendents of  poor  farms,  hospitals,  orphanages  or  almshouses  to  make,  on  or 
before  the  first  day  of  July,  one  thousand  eight  hundred  and  niilety-seven,  also 
on  or  before  the  thirty-first  day  of  December,  one  thousand  eight  hundred  and 
ninety-eight,  and  annually  thereafter,  an  inventory,  showing  in  detail  all  county 
property  in  their  possession  or  under  their  charge.  In  case  of  county  officers  and 
employees,  said  inventory  shall  show  the  source  from  which  said  property  was 
derived,  and  if  possible  the  cost  of  each  item.  Each  officer  referred  to  in  this 
section  shall  under  oath  file  his  respective  inventory  with  the  county  clerk  at 
the  times  and  dates  mentioned  in  this  section,  and  all  said  inventories  shall  be 
kept  of  record  by  the  county  clerk.  Any  person  whose  duty  it  is  under  this 
section  to  make  and  file  the  inventory  herein  provided  for,  or  shall  fail  to  per- 
form said  duty  as  required  hereby  within  the  time  limited  herein,  shall  upon 
conviction  thereof  be  adjudged  guilty  of  a  misdemeanor.  [Amendment,  Stats. 
1901,  93.] 

§  3.  The  outgoing  officers,  boards,  commissions  and  employees  mentioned  in 
sections  one  and  two  of  this  act  shall  deliver  to  their  successor  in  office  an  inven- 
tory of  all  state  or  county  property  in  their  possession,  and  the  incoming  officer 
shall  receipt  for  the  same.  Any  person  omitting  to  comply  with  the  provisions 
of  this  section  shall  be  adjudged  guilty  of  a  misdemeanor.  [Amendment,  Stats. 
1901,  93.] 

§  4.     This  act  shall  take  effect  immediately. 

The  statute  of  1901  purports  to  amend,  and  apparently    supersedes,    the    former    statute 
in  every  section. 

PUBLIC   SERVICE— ELIGIBILITY. 

See  tits.  Females;  OflSce  and  Officers;  Public  Works. 


PUBLIC    SERVICE — UNION     SOLDIERS— PUBLIC     WORKS.  1099 

PUBLIC    SERVICE— UNION    SOLDIERS. 

To  provide  for,  insure,  and  maintain  preference  in  the  appointment,  employ- 
ment, and  retention  in  the  public  service,  and  upon  public  works  of  the  state 
of  California,  of  honorably  discharged  ex-Union  soldiers,  sailors,  and 
marines  of  the  War  of  the  Rebellion. 

(Stats.  1891,  289,  ch.  CCXIL) 

§  1.  In  every  department,  upon  all  public  works,  whether  under  contract  or 
not,  in  all  offices,  employments,  places,  and  positions  of  trust  or  profit  of  this 
state,  honorably  discharged  ex-Union  soldiers,  sailors,  and  marines  of  the  War 
of  the  Rebellion  must  be  preferred  for  appointment,  employment,  and  retention 
therein ;  and  age,  loss  of  limb,  or  other  physical  impairment,  which  does  not  in 
fact  incapacitate,  shall  not  be  deemed  to  disqualify  them,  provided  they  possess 
the  capacity  necessary  to  fill  the  position ;  and  persons  thus  preferred  or  ap- 
pointed unless  appointed  or  employed  for  a  definite  statutory  period,  shall  not 
be  dismissed  from  such  positions,  offices,  or  employments,  except  upon  charges, 
after  a  hearing,  and  for  just  cause. 

§  2.     This  act  shall  take  effect  immediately. 

AUison   vs.   Board   of   Education,    125   Cal.  72,    73,    57   Pac.    Rep.    673. 

PUBLIC    WORKS— AUDITING    BOARD. 

Providing  for  the  appointment  of  an  auditing  board  to  the  commissioner  of 
public  works,  authorizing  and  directing  him  and  them  to  perform  certain 
duties  relating  to  drainage,  to  purchase  machinery,  tools,  dredges,  and  appli- 
ances therefor,  to  improve  and  rectify  water  channels,  to  erect  works  neces- 
sary and  incident  to  said  drainage,  to  condemn  land  and  property  for  the 
purposes  aforesaid,  making  certain  acts  a  felony,  and  making  ian  appro- 
priation of  money  for  the  purposes  of  this  act. 

(Stats.  1897,  171,  ch.  CXIV;  amended  1900,  21,  ch.  XIII;  1901,  91,  ch.  LXXVI.) 

§  1.  Within  thirty  days  after  the  passage  of  this  act,  the  governor  shall 
appoint  five  persons  who  shall  be  citizens  of  the  state  of  California,  and  not  all 
members  of  the  same  political  party,  and  who,  after  the  first  appointment,  shall 
hold  office  for  four  years  after  their  appointment,  who  shall  be  known  as  the 
auditing  board  to  the  commissioner  of  public  works.  They  must,  within  fifteen 
days  after  receiving  notice  of  their  appointment,  meet  in  the  city  of  Sacra- 
mento and  organize  by  selecting  from  their  number  a  president  and  secretary. 
But  of  those  appointed  under  this  act,  the  term  of  office  of  two  shall  be  for  two 
years,  and  the  term  of  the  others  for  four  years,  and  the  governor  shall  desig- 
nate, in  their  commissions,  their  respective  terms.  Thereafter  all  shall  be  ap- 
pointed for  four  years.  All  vacancies  shall  be  filled  in  like  manner  by  appoint- 
ment from  the  governor,  but  the  pei-son  appointed  to  fill  a  vacancy  shall  fill  only 
the  unexpired  term.  No  member  thereof  shall  recover  any  compensation  what- 
ever, but  they  may  be  paid  their  reasonable  traveling  expenses  in  attending  meet- 
ings, to  be  audited  by  the  board  of  examiners.  They  shall  meet  at  Sacramento 
city  once  in  two  months,  and  oftener  if  required. 

§  2.  For  the  purposes  of  this  act,  the  report  of  the  commissioner  of  public 
works,  dated  November  sixteenth,  eighteen  hundred  and  ninety-six,  and  accom- 


1100  PUBLIC    WORKS— AUDITING    BOARD— APPROPRIATION. 

panying  reports  and  plans  of  engineers,  shall  be  adopted  and  made  the  basis  of 
operations,  and  the  plans  therein  specified  for  promoting  drainage  and  improv- 
ing and  rectifying  river  channels,  shall,  as  far  as  practicable,  be  carried  out  and 
finished  as  herein  provided.  In  addition  to  the  work  outlined  and  described  in 
said  report,  the  said  commissioner  of  public  works  and  board  of  auditors  are 
hereby  authorized  and  empowered  to  perform  other  further  and  additional  work 
upon  the  Sacramento  River,  the  San  Joaquin,  Feather,  Yuba,  Bear,  Mokelumne, 
and  Tuolumne  rivers,  and  Petaluma,  Alviso,  and  Napa  creeks,  and  upon  all  tide 
waters  entering  and  flowing  into  the  bays  of  San  Pablo,  Suisun,  and  San  Fran- 
cisco, and  also  upon  the  navigable  creeks,  rivers,  and  sloughs  of  the  state  of 
California,  of  a  character  and  nature  similar  to  that  outlined  and  described  in 
said  report,  for  the  purpose  of  promoting  drainage,  rectifying  channels,  and 
improving  navigation.  [Amendment,  became  a  law  under  constitutional  pro- 
vision without  governor's  approval,  March  2,  1901.    Stats.  1901,  91.] 

§  3.  The  commissioner  of  public  works  shall  have  charge  and  superintendence 
of  all  work  authorized  by  this  act,  and  shall  employ  and  direct  all  employees, 
but  no  expenditure  shall  be  made  without  the  sanction  of  the  auditing  board. 
The  commissioner  of  public  works  shall  determine  the  character  and  extent  of 
the  work  to  be  done  in  accordance  with  the  said  report,  and  shall  have  full  power 
to  carry  on  and  complete  the  same. 

§  4.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  the  sum  of  three  hundred  thousand  dollars,  to  be 
paid  to  the  said  auditing  board,  and  to  be  expended  for  the  purposes  herein- 
after specified,  to  wit :  for  the  purchase,  construction,  and  operation  of  one  or 
more  dredgers,  or  machines,  and  appliances  to  improve  and  rectify  the  river 
channels  of  the  state  of  California,  so  as  to  promote  drainage  and  to  protect 
towns  and  cities  of  the  state  of  California  from  inundation,  as  outlined  and 
described  in  the  said  report  of  commissioner  of  public  works ;  to  erect,  build, 
and  construct  embankments,  and  other  works,  where  necessary  for  carrying  out 
the  purposes  of  this  act ;  to  employ  persons  in  and  about  said  work,  and  to  pur- 
chase such  supplies  as  may  be  necessary  for  the  carrying  on  of  the  same,  and  for 
doing  all  other  work  described  in  said  report,  to  improve  and  rectify  river  chan- 
nels so  as  to  promote  drainage. 

§  5.  The  commissioner  of  public  works  shall  have  power  to  employ  such 
persons  in  and  about  said  work  as  the  auditing  board  may  determine  to  be 
necessary,  at  a  compensation  to  be  fixed  by  the  auditing  board.  All  contracts 
for  the  purchase  of  material  and  supplies,  or  for  such  work  as  can  be  done  by 
contract,  where  the  expense  thereof  shall  exceed  the  sum  of  five  hundred  dollars, 
shall  be  awarded  to  the  lowest  bidder,  at  a  public  letting  thereof,  and  after  a 
notice  to  bidders  to  be  published  in  one  newspaper  published  in  the  city  of 
Sacramento,  one  in  Stockton,  and  one  in  San  Francisco,  for  at  least  one  week; 
provided,  that  at  least  two  weeks  shall  intervene  between  the  last  publication 
of  said  notice,  and  the  time  for  opening  bids;  provided,  the  said  bid  is  a  fair 
and  reasonable  one.  All  bids  required  by  this  act  shall  be  accompanied  by  such 
security  as  the  auditing  board  may  require,  conditioned  upon  the  bidder  enter- 
ing into  a  contract  upon  the  terms  of  his  bid,  on  notice  of  the  acceptance  thereof, 
and  furnishing  a  penal  bond,  with  good  and  sufficient  sureties,  in  such  sum  as 
the  auditing  board  may  require,  and  to  their  satisfaction,  that  he  will  faithfully 


PUBLIC   SEHVICK— AUDITING    BOARD— POWERS    OF.  1101 

perform  his  contract.  If  all  the  bids  made  at  such  letting  are  deemed  unreason- 
ably high,  the  board  may,  in  their  discretion,  decline  to  contract,  and  may  again 
advertise  for  such  time  and  in  such  papers  as  they  see  proper,  for  proposals, 
and  may  so  continue  to  renew  the  advertisement  until  satisfactory  contracts  are 
made  ;  and  in  the  mean  time  the  board  may  contract  for  articles  and  supplies  for 
immediate  and  temporary  use,  with  any  one  whose  offer  is  regarded  as  just  and 
equitable,  or  may  purchase  in  the  open  market.  No  bid  shall  be  accepted,  nor  a 
contract  entered  into  in  purauance  thereof,  when  such  bid  is  higher  than  any 
other  bid  at  the  same  letting  for  the  same  cla.ss  or  schedule  of  articles,  quality 
considered,  and  Avhen  a  contract  can  be  had  at  such  lower  bid.  When  two  or 
more  bids  for  the  same  article  or  articles  are  equal  in  amount,  the  board  may 
select  the  one  which,  all  things  considered,  may  by  them  be  thought  best  for  the 
interest  of  the  state,  or  they  may  divide  the  contract  between  the  bidders  as  in 
their  judgment  may  seem  proper  and  right.  The  board  shall  have  power  to  let 
a  contract  in  the  aggregate,  or  they  may  segregate  the  items,  and  enter  into  a 
contract  with  the  bidder  or  bidders  who  may  bid  lowest  on  the  several  articles. 
The  board  shall  have  the  power  to  reject  the  bid  of  any  person  who  had  a  prior 
contract  and  who  had  not,  in  the  opinion  of  the  board,  faithfully  complied  there- 
with. If,  however,  any  sudden  emergency  should  arise,  rendering  it  necessary, 
in  the  judgment  of  the  auditing  board,  to  protect  works  already  completed,  or 
to  prevent  any  work  in  process  of  construction  being  damaged  by  storms  or 
flood-waters,  that  immediate  repairs  or  work  should  be  done,  the  said  commis- 
sioner of  public  works  shall  have  power  to  perform  such  work,  or  make  such 
repairs,  in  the  manner  which  to  him  seems  most  advisable. 

§  6.  It  will  not  be  necessary  to  obtain  the  sanction  of  any  other  board  or 
officer  for  the  doing  of  any  work,  or  the  letting  of  any  contract,  except  as  herein 
specified,  but  all  claims  shall  be  audited  by  the  state  board  of  examiners  as  pro- 
vided for  by  law. 

§  7.  The  auditing  board  may  condemn  the  right  of  way  necessary  for  the 
purpose  of  doing  the  work  outlined  and  described  in  said  report  of  the  commis- 
sioner of  public  works,  and  may  purchase  or  condemn  all  land  and  material 
necessary  to  carry  out  such  plans  of  drainage,  and  may  generally  connect  with, 
enlarge  or  strengthen  any  work  of  construction,  and  may  condemn  any  lands 
which  may  be  by  them  deemed  necessary  for  the  purposes  of  the  act,  and  it  is 
hereby  declared  that  such  purposes  are  a  public  use  and  that  said  appropriation 
is  for  the  public  benefit;  provided,  however,  that  they  shall  not  interfere  with 
any  existing  reclamation  work  or  cut  ditches  or  drains  without  the  consent  of 
the  board  of  trustees  thereof  on,  in,  or  over  any  lands  situated  in  any  swamp- 
land, reclamation,  levee,  or  protection  district. 

§  8.  Whenever  the  auditing  board  cannot  procure  from  the  owner  or  owners 
thereof,  without  purchase,  the  right  of  way  or  material  needed  for  the  con.strue- 
tion  of  such  works  as  are  described  in  the  said  report  of  the  commissioner  of 
public  works,  or  cannot  procure  the  consent  to  join  or  connect  with  any  existing 
works,  or  procure  lands  necessary  for  the  construction  and  completion  of  the 
said  system  and  plan  described  in  said  report,  the  said  auditing  board  may.  in 
their  own  name  or  in  the  name  of  the  state  of  California,  proceed  to  condemn 
the  same  under  the  provisions  of  title  seven,  part  three,  of  the  Code  of  Civil 
Procedui  e,  and  amendments  thereto,  which  are  now  existing  or  which  may  here- 


1104  PUBLIC    WORKS — LABOR    CLAIMS— PAYMENT    OF. 

representative,  when  making  payments  of  moneys  thus  due,  shall  withhold  and 
retain  therefrom  all  sums  and  amounts  which  shall  have  been  forfeited  pursu- 
ant to  the  herein  said  stipulation. 

§  3.  Any  officer,  agent,  or  representative  of  the  state  of  California,  or  of  any 
political  subdivision  thereof,  who  shall  violate  any  of  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  misdemeanor,  and  shall  upon  conviction  be  punished 
by  fine  not  exceeding  five  hundred  (500)  dollars,  or  by  imprisonment,  not  ex- 
ceeding six  (6)  months,  or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

§  4.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its 
passage. 

stats.    1899,    149. — Leake    vs.    Colgan,    125  The  foregoing  Is  believed  to  have  super- 

Cal.    413,    414,    415,    58   Pac.   Rep.    69;   Worth-  seded   Stats.    1899,    149,   ch.    CXIV,   and   1901, 

ington  vs.  Breed,  142  Cal.  104,  75  Pac.  Rep.  561,   ch.  CLXXII. 

675.  See  San  Francisco  Charter,  Stats.  1899,  250. 

PUBLIC    WORKS— LABOR    CLAIMS. 

To  secure  the  payment  of  the  claims  of  materialmen,  mechanics,  or  laborers, 
employed  by  contractors  upon  state,  municipal,  or  other  public  work. 

(Stats.  1897,  201,  ch.  CXL.) 

§  1.  Every  contractor,  person,  company,  or  corporation,  to  whom  is  awarded 
a  contract  for  the  execution  or  performance  of  any  building,  excavating,  or 
other  mechanical  work,  for  this  state,  or  by  any  county,  city  and  county,  city, 
town,  or  district  therein,  shall  before  entering  upon  the  performance  of  such 
work,  file  with  the  commissioners,  managers,  trustees,  officers,  board  of  super- 
visors, board  of  trustees,  common  council,  or  other  body  by  whom  such  contract 
was  awarded,  a  good  and  sufficient  bond,  to  be  approved  by  such  contracting 
body,  officers,  or  board,  in  a  sum  not  less  than  one  half  of  the  total  amount  pay- 
able by  the  terms  of  the  contract ;  such  bond  shall  be  executed  by  the  contractor, 
and  at  least  two  sureties,  in  an  amount  not  less  than  the  sum  specified  in  the 
bond,  and  must  provide  that  if  the  contractor,  person,  company  or  corporation, 
fails  to  pay  for  any  materials  or  supplies  furnished  for  the  performance  of  the 
work  contracted  to  be  done,  or  for  any  work  or  labor  done  thereon  of  any  kind, 
that  the  sureties  will  pay  the  same,  in  an  amount  not  exceeding  the  sum  speci- 
fied in  the  bond ;  provided,  that  such  claims  shall  be  filed  as  hereafter  required, 

§  2.  Any  materialman,  person,  company,  or  corporation,  furnishing  mate- 
rials or  supplies,  used  in  the  performance  of  the  work,  contracted  to  be  executed 
or  performed,  or  any  person  who  performed  work  or  labor  upon  the  same  or  any 
person  who  supplies  both  work  and  materials,  and  whose  claim  has  not  been 
paid  by  the  contractor,  company,  or  corporation,  to  whom  the  contract  has  been 
awarded,  shall,  within  thirty  days  from  the  time  such  work  is  completed,  file 
with  the  commissioners,  managers,  trustees,  officers,  board  of  supervisors,  board 
of  trustees,  common  council,  or  other  body  by  whom  such  contract  was  awarded, 
a  verified  statement  of  such  claims,  together  with  a  statement  that  the  same  has 
not  been  paid.    At  any  time  within  ninety  days  after  the  filing  of  such  claim,  the 


PUBLIC     WORKS— MORMON     CHANNEL— WAGES.  1105 

person,  company,  or  corporation  filing  the  same  may  commence  an  action  against 
the  sureties  on  the  bond,  specified  and  required  by  section  one  hereof. 
§  3.     This  act  shall  take  effect  immediately. 

Union    S.    M.    Works    vs.    Dodge,    129    Cal.  See    tits.    Debrlw   Commissioner;   Honra    of 

399,      394,      62      Pac.      Rep.     41;      (municipal)  Lnbor;       Muniolpnl       CorporntionM;       Public 

French  vs.  Powell,  135  Cal.  636,  637.  68  Pac  Uuildlnes;    Public    Service;    W^aice*. 
Rep.    92. 

PUBLIC    WORKS— MORMON    CHANNEL. 

Authorizing  the  commissioner  of  public  works  to  obtain  a  right  of  way  for  a 
canal  to  divert  the  waters  of  Mormon  Channel  into  the  Calaveras  River,  to 
maintain  condemnation  suits  therefor,  and  making  an  appropriation  to  pay 
for  said  right  of  way  and  the  costs  and  expenses  of  obtaining  the  same. 

(Stats.  1903,  476,  ch.  CCCLVIIL) 

§  1.  The  commissioner  of  public  works  is  hereby  authorized  to  obtain,  either 
by  purchase  or  condemnation  suits,  a  right  of  way  for  a  diverting  canal  from 
the  Mormon  Channel  to  the  Calaveras  River  east  of  the  city  of  Stockton,  in  San 
Joaquin  County,  and  along  the  channel  of  said  Calaveras  River  as  far  as  may 
be  necessary  according  to  the  surveys  for  such  canal,  adopted  by  the  United 
States  government,  and  to  employ  such  counsel  and  other  assistance  as  may  be 
necessary  to  conduct  such  suits  and  obtain  said  right  of  way  and  to  fix  the  com- 
pensation of  such  counsel  and  such  assistance. 

§  2.  The  sum  of  sixty  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  to  pay  for  said  right  of 
way  and  the  costs  of  obtaining  the  same,  to  be  paid  to  [by]  the  auditing  board  to 
the  commissioner  of  public  works,  to  be  expended  for  the  purposes  in  this  act 
specified. 

§  3.  The  controller  is  hereby  directed  to  draw  his  warrant  in  favor  of  said 
auditing  board  for  the  amount  appropriated  by  this  act,  and  the  treasurer  is 
hereby  directed  to  pay  the  same. 

§  4.  This  act  shall  take  effect  from  and  after  the  first  day  of  January,  anno 
Domini  nineteen  hundred  and  four. 

PUBLIC   WORK— WAGES. 

Fixing  the  minimum  rate  of  compensation  for  labor  on  public  work. 
(Stats.  1897,  90,  ch.  LXXXVIII.) 

§  1.  The  minimum  compensation  to  be  paid  for  labor  upon  all  work  per- 
formed under  the  direction,  control,  or  by  the  authority  of  any  officer  of  this 
state  acting  in  his  official  capacity,  or  under  the  direction,  control,  or  by  the 
authority  of  any  municipal  corporation  within  this  state,  or  of  any  officer  thereof 
acting  as  such,  is  hereby  fixed  at  two  (2)  dollars  per  day;  and  a  stipulation  to 
that  effect  must  be  made  a  part  of  all  contracts  to  which  the  state,  or  any 
municipal  corporation  therein,  is  a  party ;  provided,  however,  that  this  act  shall 
not  apply  to  persons  employed  regularly  in  any  of  the  public  institutions  of  the 
state,  or  any  city,  city  and  county,  or  county. 

§  2.     This  act  shall  take  effect  immediately. 

Gen.  Laws — 70 


1106  QUARANTINE— REGUIiATING    ADMISSION    TO    STATE    OF    ANIMALS. 

QUARANTINE— ANIMALS. 

To  regulate  quarantine,  and  the  admission  of  horses,  cattle,  sheep,  and  swine 
into  the  state  of  California  from  infected  districts. 

(Stats.  1889,  375,  ch.  CCLII.) 

§  1.  The  state  board  of  health  shall  be  empowered  to  declare  quarantine 
against  the  entry  of  domestic  animals  from  any  state  or  territory,  or  any  foreign 
port  or  country,  in  which  contagious  or  infectious  diseases  are  known  to  exist ; 
said  infected  parts  to  be  named  in  the  proclamation. 

§  2.  All  domestic  animals  coming  into  the  state  from  districts  mentioned  in 
section  one  must  be  required  to  enter  the  state  at  such  points  only  as  the  state 
board  of  health  may  by  proclamation  determine,  and  designate  where  they  must 
be  unloaded  for  inspection. 

§  3.  All  owners  of  domestic  animals  coming  into  this  state  from  localities 
quarantined  against  will  be  required  to  furnish  the  following  evidence  that  such 
animals  are  free  from  disease. 

First — The  affidavit  of  two  disinterested  parties,  who  have  known  such  ani- 
mals for  a  period  of  four  months  prior  to  the  date  of  shipment,  that  they  have 
been  healthy,  and  exposed  to  no  contagious  disease,  and  that  no  contagious  dis- 
ease is  known  or  believed  to  exist  in  the  district  or  country  from  which  they 
came. 

Second — The  certificate  of  the  county  clerk  of  the  county,  that  persons  making 
such  affidavit  are  responsible  and  reputable  citizens  of  the  county. 

Third — The  affidavit  of  the  owner  or  person  in  charge,  made  at  the  point  of 
entry,  that  such  domestic  animals  are  the  identical  animals  described  in  the  fore- 
going affidavits,  and  that  shipment  has  been  direct,  and  without  unloading, 
except  for  food  and  water,  and  in  cleansed  and  disinfected  cars. 

§  4.  Owners  or  persons  in  charge  of  domestic  animals  from  localities  not 
named  in  such  proclamation  must  certify,  under  oath,  that  such  domestic  ani- 
mals have  been  kept  in  one  place  for  a  period  of  four  months  immediately  pre- 
ceding the  date  of  shipment  (giving  the  name  of  the  town  and  county  and  state, 
territory,  or  country),  and  have  not  been  exposed  to  any  contagious  disease  for 
a  period  of  three  months  prior  to  the  date  of  shipment. 

§  5.  All  the  foregoing  evidence  to  be  submitted  to  the  state  veterinarian,  or 
an  authorized  inspector  of  the  state,  when  permits  for  shipment  in  this  state 
shall  be  issued. 

§6.  Dealers'  calves  gathered  in  quarantined  states  or  territories  will  be 
quarantined  at  the  points  of  entry. 

§  7.  Domestic  animals  not  receiving  permits  for  shipment,  and  retained  in 
quarantine,  will  be  held  at  the  owner's  risk  and  expense. 

§  8.  All  domestic  animals  arriving  at  points  of  entry  shall  be  inspected  free 
of  charge  to  the  owner. 

§  9.  No  railway  company  doing  business  in  this  state  shall  receive  for  ship- 
ment into  this  state  any  domestic  animals  unless  accompanied  by  a  permit  signed 
by  an  authorized  inspector.  , 

§  10.     No  cattle  shall  enter  this  state  from  Texas,  New  Mexico,  or  Mexico,  for 


QUARANTIXE— REGULATION    OF   ADMISSION   TO   STATE   OP  ANIMALS.  1107 

grazing  purposes  during  the  months  of  INIarch,  April,  May,  June,  July,  August, 
September,  October,  and  November  in  each  year. 

§  11.  All  cattle  from  those  parts  mentioned  in  section  ten  entering  this  state 
during  the  months  mentioned  in  section  ten,  and  intended  for  butchering  pur- 
poses, shall  pass  from  the  point  of  entry  into  the  slaughter-house  yard,  which 
yard  shall  be  specially  constructed  and  isolated  for  the  purpose  of  receiving  such 
stock.  The  stock  shall  be  unshipped  in  said  yard  direct  from  the  cars  running 
into  the  yards  for  that  purpose. 

§  12.  Said  cattle  shall  moreover  be  shipped  in  specially  constructed  ears, 
which  will  prevent  the  dropping  of  manure  and  urine  on  the  track  during  tran- 
sit, and  in  unshipping  such  cattle  the  cars  shall  be  thoroughly  disinfected  with 
carbolized  whitewash. 

§  13.  All  cattle  entering  this  state  for  the  purposes  mentioned  in  section 
eleven  shall  only  be  unshipped  between  the  point  of  entry  and  destination  at 
places  set  apart  by  the  state  board  of  health  in  its  proclamation;  and  no  native 
stock  shall  be  allowed  at  any  time  to  enter  said  places ;  said  places  shall  be  more- 
over thoroughly  disinfected  in  such  manner  as  the  state  board  of  health  may 
direct. 

§  14.  Any  person  or  persons,  corporations,  or  firms,  who  shall  violate  any 
of  the  provisions  of  this  act,  shall  be  liable  for  all  damages  sustained,  and  a 
fine  of  one  thousand  dollars,  to  be  recovered  in  any  court  of  competent  juris- 
diction, on  account  of  any  contagious  or  infectious  disease  being  communicated 
from  any  diseased  animal  to  any  other  animal  in  the  neighborhood,  or  along  the 
line  of  such  transportation  of  such  diseased  animals  into  or  through  this  state, 
or  from  one  part  thereof  to  another;  and  the  existence  or  presence  of  such  con- 
tagious or  infectious  disease  among  the  native  cattle  of  this  state  on  the  same 
ranch  with  or  in  the  vicinity  of  any  such  diseased  animals,  or  along  the  line  or 
route  over  which  they  were  transported,  shall  be  prima  facie  evidence  that  the 
same  were  affected  with  such  disease  at  the  time  of  being  so  removed  or  trans- 
ported, and  communicated  it  to  such  native  domestic  animals  so  affected  there- 
with. 

§  15.  The  words  "domestic  animals"  whenever  used  in  this  act  shall  be  con- 
strued to  mean  and  include  horses,  mules,  asses,  cattle,  sheep,  goats,  and  swine. 

§  16.  The  state  board  of  health  are  hereby  authorized  to  appoint  one  in- 
spector for  each  of  the  points  of  entry  by  railroad  communication  into  this  state, 
who  shall  reside  at  such  point  as  may  be  designated  by  the  state  board  of  health, 
and  shall  receive  such  compensation  for  actual  services  as  may  be  determined  by 
said  board,  not  to  exceed  one  hundred  dollars  per  month;  such  compensation 
to  be  paid  out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated, 
upon  the  warrants  to  the  controller  of  state  drawn  upon  the  certificate  of  the 
state  board  of  health  allowing  the  same. 

§  17.     This  act  shall  take  effect  immediately. 

See  tits.  Animals — Contagious  Diseases;  Fruit — Ilortlonlture;    State    Board    of   Health. 
See  KERR'S  CYC.  PEN.  CODE  §  377a.  added    1905,    143.    ch.    CXLJV. 

QUICKSILVER— ADULTERATION. 

To  secure  to  the  miners  of  this  state  pure  and  unadulterated  quicksilver. 
(Stats.  1865-6,  191,  ch.  CXCIX.) 


1108  QUICKSILVER— REGULATING   SALE   OF — ADULTERATION. 

§  1.  IJvery  company  or  person  within  this  state  engaged  in  the  production 
of  quicksilver  by  mining  for  the  purposes  of  sale,  and  every  firm,  company,  or 
person  importing  into  this  state  quicksilver  for  the  purpose  of  sale,  shall  cause 
to  be  prepared  a  metallic  stamp,  of  such  form  and  character  as  may  enable  such 
company  or  person  to  impress  upon  wax  or  other  plastic  material  the  seal  here- 
inafter provided.  Such  stamp  shall  be  so  constructed  that  either  by  characters 
engraved  upon  the  same,  or  movable  types  and  dies  connected  therewith,  there 
may  be  impressed  a  seal,  showing : 

First — The  name  of  the  company,  firm,  or  person  producing  or  importing 
the  quicksilver; 

Second — The  date  at  which  such  seal  is  applied  to  each  tank  or  vessel  of 
quicksilver. 

Third — The  amount  of  quicksilver  contained  in  such  tank  or  vessel. 
§  2.  Before  any  tank  of  quicksilver  shall  leave  the  works  of  any  mining  com- 
pany engaged  in  the  production  of  the  same  for  sale,  or  the  warehouse  of  any 
firm  or  person  importing  such  quicksilver  for  sale,  such  company,  firm,  or  per- 
son shall  cause  a  seal  of  wax  or  other  plastic  material  adapted  to  the  purpose  to 
be  applied  to  the  tap,  plug,  or  orifice  through  which  such  tank  is  filled,  and  in 
such  manner  that  such  tap  or  plug  cannot  be  removed  or  disturbed  or  such  ori- 
fice opened  without  breaking  or  displacing  such  seal  Such  seal  when  thus 
applied  shall  be  impressed  with  the  stamp  above  provided,  in  such  manner  that 
such  seal  shall  exhibit  plainly  all  the  characters  required  of  such  stamp. 

§  3.  Any  person  who  shall  forge  or  falsely  fabricate  the  stamp  or  seal  of 
any  company,  firm,  or  person,  as  herein  provided,  or  attach  the  same  to  any 
tank  or  vessel  of  quicksilver,  shall  be  deemed  guilty  of  forgery,  and,  upon  con- 
viction, shall  be  punished  by  imprisonment  in  the  state  prison  for  the  period  of 
not  less  than  one  nor  more  than  five  years. 

§  4.  Any  person  who  shall  wilfully  and  knowingly  adulterate  and  debase  any 
quicksilver  designed  for  sale  or  that  may  hereafter  be  offered  for  sale,  by  mix- 
ing with  such  quicksilver  any  lead,  antimony,  or  other  base  metal,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  in  a  sum 
not  exceeding  one  thousand  dollars,  or  imprisonment  in  the  county  jail  not 
exceeding  one  year,  or  both  such  fine  and  imprisonment. 

§  5.  Any  vendor  of  quicksilver  who  shall  vend  or  sell  to  any  person  any 
quicksilver  debased  or  adulterated  by  mixture  with  the  same  of  any  lead,  anti- 
mony, or  other  base  metals,  shall  be  liable  to  the  purchaser  of  such  quicksilver 
for  all  the  damages  and  injury  sustained  from  such  debasement,  to  be  recovered 
by  such  purchaser  in  a  civil  action.  And  such  damages,  when  ascertained  by 
the  court  or  jury,  shall  be  at  once  quadrupled  by  the  court,  or  by  the  clerk,  by 
order  of  the  court,  and  judgment  for  four  times  the  damages  proven  shall  be 
entered  in  favor  of  the  plaintiff  and  against  such  defendant;  provided,  that 
nothing  contained  in  this  section  shall  be  taken  to  apply  to  any  person  selling 
quicksilver  that  has  been  already  employed  in  mining  or  the  mechanical  arts, 
and  who  when  selling  the  same  shall  state  to  the  purchaser  that  such  quicksilver 
has  been  thus  employed. 

Consult  KERR'S  CYC.  PEN.  CODE  §§  366,  367. 


RAILROAD   COMMISSIONERS— ORGANIZATION   AND   POWER   OF   BOARD.        110» 

RACE   OR   COLOR. 

See  tit.  Civil  Rights  of  Citizens. 

RAILROAD    COMMISSIONERS. 

To  organize  and  define  the  powers  of  the  board  of  railroad  commissioners. 
(Stats.  1880,  45,  eh.  LIX.) 

§  1.  The  three  persons  elected  railroad  commissioners,  pursuant  to  the  pro- 
visions of  section  twenty-two  of  article  twelve  of  the  constitution  of  this  .state, 
constitute,  and  shall  be  known  and  designated  as,  the  "Board  of  Railroad  Com- 
missioners of  the  State  of  California."  They  shall  have  power  to  elect  one  of 
their  number  president  of  said  board,  to  appoint  a  secretary,  to  appoint  a  bailiff, 
who  shall  perform  the  duties  of  janitor;  also,  to  employ  a  stenographer,  when- 
ever they  may  deem  it  expedient. 

§  2.  The  salary  of  each  commissioner  shall  be  four  thousand  dollars  per 
annum;  the  salary  of  the  secretary  shall  be  twenty-four  hundred  dollars  per 
annum ;  the  salary  of  the  bailiff  shall  be  twelve  hundred  dollars  per  annum,  such 
salaries  to  be  paid  by  the  state  of  California  in  the  same  manner  as  the  salaries 
of  state  officers  are  paid.  The  stenographer  shall  receive  a  reasonable  compensa- 
tion for  his  services,  the  amount  to  be  fixed  by  the  state  board  of  examiners,  and 
paid  by  the  state.  Said  commissioners,  and  the  persons  in  their  official  employ- 
ment when  traveling  in  the  performance  of  their  official  duties,  shall  have  their 
traveling  expenses  other  than  transportation  paid,  the  amounts  to  be  passed  on 
by  the  state  board  of  examiners,  and  paid  by  the  state.  Said  board  of  railroad 
commissioners  shall  be  allowed  one  hundred  dollars  per  month  for  ofifice  rent, 
and  fifty  dollars  per  month  for  fuel,  lights,  postage,  expressage,  subscription  to 
publications  upon  the  subject  of  transportation,  and  other  incidental  expenses, 
to  be  paid  by  the  state ;  provided,  that  all  moneys  remaining  unexpended  at  the 
expiration  of  each  fiscal  year  shall  be  returned  to  the  state  treasury.  Said  board 
is  further  authorized  to  expend  not  to  exceed  four  hundred  dollars  for  office 
furniture  and  fixtures,  to  be  paid  by  the  state.  The  state  shall  furni.sh  said 
board  with  all  necessary  stationery  and  printing,  upon  requisitions  signed  by 
the  president  of  said  board. 

§  3.  Said  commissioners,  and  the  persons  in  their  official  employment,  .shall, 
when  in  the  performance  of  their  official  duties,  have  the  right  to  pass  free  of 
charge  on  all  railroads,  steamers,  ships,  vessels,  and  boats,  and  on  all  vehicles 
employed  in  or  by  any  railroad  or  other  transportation  company  engaged  in 
the  transportation  of  freight  and  passengers  within  this  state. 

§  4.  It  shall  be  the  duty  of  the  attorney-general,  and  the  district  attorney  in 
every  county,  on  request  of  said  board,  to  institute  and  prosecute,  and  to  appear 
and  to  defend  for  said  board,  in  any  and  all  suits  and  proceedings  which  they  or 
either  of  them  shall  be  requested  by  said  board  to  institute  and  prosecute,  and 
to  appear  in  all  suits  and  proceedings  to  which  the  board  is  a  party,  shall  have 
precedence  over  all  other  business  except  criminal  business;  provided,  that  said 
board  shall  have  the  power  to  employ  additional  counsel  to  assist  said  attorney- 
general,  or  said  district  attorney,  or  otherwise,  when  in  their  judgment  the  exi- 
gencies of  the  case  may  so  require.     The  fees  and  expenses  of  said  additional 


1110  RAILROAD    COMMISSIONERS— PO\I^ERS— PROCESS— PROCEEDING. 

counsel  to  be  determined  by  the  state  board  of  examiners,  and  paid  by  the 
state. 

§  5.  The  office  of  said  board  shall  be  in  the  city  of  San  Francisco.  Said 
office  shall  always  be  open  (legal  holidays  and  non- judicial  days  excepted).  The 
board  shall  hold  its  sessions  at  least  once  a  month  in  said  city  of  San  Francisco, 
and  at  such  other  times  and  such  other  places  within  this  state  as  may  be  expe- 
dient. The  sessions  of  said  board  shall  be  public,  and  when  held  at  a  place  other 
than  the  office  in  the  city  of  San  Francisco,  notice  thereof  shall  be  published 
once  a  week  for  two  successive  weeks  before  the  commencement  of  such  session, 
in  a  newspaper  published  in  the  county,  where  such  session  is  to  be  held;  and 
if  no  newspaper  is  published  in  such  county,  then  in  a  newspaper  published  in 
an  adjacent  county.  Such  publication  to  be  paid  by  the  state  in  the  manner  as 
other  publications  authorized  by  law  are  paid. 

§  6.  The  board  shall  have  a  seal,  to  be  devised  by  its  members,  or  a  majority 
thereof.  Such  seal  shall  have  the  following  inscription  surrounding  it:  "Rail- 
road Commission,  State  of  California."  The  seal  shall  be  affixed  only  to,  first, 
writs ;  second,  authentications  of  a  copy  of  a  record  or  other  proceeding,  or  copy 
of  a  document  on  file  in  the  office  of  said  commission. 

§  7.  The  process  issued  by  said  board  shall  extend  to  all  parts  of  the  state. 
The  board  shall  have  power  to  issue  writs  of  summons  and  of  subpoena  in  like 
manner  as  courts  of  record.  The  summons  shall  direct  the  defendant  to  appear 
and  answer  within  fifteen  days  from  the  day  of  service.  The  necessary  process 
issued  by  the  board  may  be  served  in  any  county  in  this  state  hy  the  bailiff  of 
the  board,  or  by  any  person  authorized  to  serve  process  of  courts  of  record. 

§  8.  The  secretary  of  said  board  shall  issue  all  process  and  notices  required 
to  be  issued,  and  do  and  perform  such  other  duties  as  the  board  may  prescribe. 
The  bailiff  shall  preserve  order  during  the  sessions  of  said  board,  and  shall  have 
authority  to  make  arrests  for  disturbances.  He  shall  also  have  authority,  and 
it  shall  be  his  duty,  to  serve  all  process,  orders,  and  notices  issued  by  said  boards, 
when  directed  by  the  president,  and  make  return  of  the  same. 

§  9.  All  complaints  before  said  board  shall  be  in  writing  and  under  oath. 
All  decisions  of  said  board  shall  be  given  in  writing,  and  the  grounds  of  the 
decisions  shall  be  stated.  A  record  of  the  proceedings  of  said  board  shall  be 
kept,  and  the  evidence  of  persons  appearing  before  said  board  shall  be 
preserved. 

§  10.  Whenever  the  board  shall  render  any  decision  within  the  purview  and 
pursuant  to  the  authority  vested  in  said  board  by  section  twenty-two  of  article 
twelve  of  the  constitution,  said  board,  or  the  person,  copartnership,  company, 
or  corporation  making  the  complaint  upon  which  such  decision  was  rendered,  is 
authorized  to  sue  upon  such  decision  in  any  court  of  competent  jurisdiction  in 
this  state. 

§  11.  Whenever  said  board,  in  the  discharge  of  its  duties,  shall  establish  or 
adopt  rates  of  charges  for  the  transportation  of  passengers  and  freight,  pursu- 
ant to  the  provisions  of  the  constitution,  said  board  shall  serve  a  printed  sched- 
ule of  such  rates,  and  of  any  changes  that  may  be  made  in  such  rates,  upon  the 
person,  copartnership,  company,  or  corporation  affected  thereby ;  and  upon 
such  service,  it  shall  be  the  duty  of  such  person,  copartnership,  company,  or 


RAILROAD    COMMISSIONERS— TRANSPORTATION    COMMISSIONER.  1111 

corporation  to  immediately  cause  copies  of  the  same  to  be  posted  in  all  its  offices, 
station-houses,  warehouses,  and  landing  offices  affected  by  such  rates,  or  change 
of  rates,  in  such  manner  as  to  be  accessible  to  public  inspection  during  usual 
business  hours.  Said  board  shall  also  make  such  further  publication  thereof  as 
they  shall  deem.proper  and  necessary  for  the  public  good.  If  the  party  to  be 
served,  as  hereinbefore  provided,  be  a  corporation,  such  service  may  be  made 
upon  the  president,  vice-president,  secretary,  or  managing  agent  thereof,  and 
if  a  copartnership,  upon  any  partner  thereof.  The  rates  of  charges  established 
or  adopted  by  said  board,  pursuant  to  the  constitution  and  this  act,  shall  go 
into  force  and  effect  on  the  twentieth  day  after  service  of  said  schedule  of  rates, 
or  changes  in  rates,  upon  the  person,  copartnership,  company,  or  corporation 
affected  thereby,  as  hereinbefore  provided. 

§  12.  When  jurisdiction  is,  by  the  constitution,  conferred  on  the  board  of 
railroad  commissioners,  all  the  means  necessary  to  carry  it  into  effect  are  also 
conferred  on  said  board,  and  when  in  the  exercise  of  jurisdiction  within  the 
purview  of  the  authority  conferred  on  said  board  by  the  constitution  the  course 
of  proceeding  be  not  specifically  pointed  out,  any  suitable  process  or  mode  of 
proceeding  may  be  adopted  by  the  board  which  may  appear  most  conformable 
to  the  spirit  of  the  constitution. 

§  13.  The  said  board  shall,  immediately  after  entering  upon  the  performance 
of  its  duties,  demand  and  receive  from  the  transportation  commissioner,  ap- 
pointed under  an  act  approved  April  first,  eighteen  hundred  and  seventy-eight, 
section  nine,  chapter  one,  all  public  property  belonging  to  the  office  of  said 
transportation  commissioner,  in  his  possession,  or  under  his  control,  and  it  is 
hereby  made  his  duty  to  deliver  the  same  to  the  said  board. 

§14.  The  term  "transportation  companies"  shall  be  deemed  to  mean  and 
include: 

1.  All  companies  owning  and  operating  railroads  (other  than  street  railroads) 
within  this  state ; 

2.  All  companies  owning  and  operating  steamships  engaged  in  the  transporta- 
tion of  freight  or  passengers  from  and  to  ports  within  this  state ; 

3.  All  companies  owning  and  operating  steamboats  used  in  transporting 
freight  or  passengers  upon  the  rivers  or  inland  waters  of  this  state. 

The  word  "company,"  as  used  in  this  act,  shall  be  deemed  to  mean  and  in- 
clude corporations,  associations,  partnerships,  trustees,  agents,  assignees,  and 
individuals.  Whenever  any  railroad  company  owns  and  operates  in  connection 
with  its  road,  and  for  the  purpose  of  transporting  its  ears,  freight,  or  passengers, 
any  steamer  or  other  water-craft,  such  steamer  or  other  water-craft  shall  be 
deemed  part  of  its  said  road.  Whenever  any  steamship  or  steamboat  company 
owns  and  operates  any  barge,  canal-boat,  steamer,  tug,  ferry-boat,  or  lighter,  in 
connection  with  its  ships  or  boats,  the  thing  so  owned  and  operated  shall  be 
deemed  to  be  part  of  its  main  line. 

§  15.  The  salaries  of  the  commissioners,  secretary,  bailiff,  and  all  other  offi- 
cers and  attaches  in  any  manner  employed  by  the  board  of  commissioners,  and 
all  expenses  of  every  kind  created  under  this  act,  shall  be  paid  out  of  any  money 
in  the  general  fund  not  otherwise  appropriated,  and  the  controller  of  state  is 
hereby  authorized  and  directed  to  draw  his  warrants  from  time  to  time  for  such 


Ilia  RAILROADS— COMPLETION— ABOVE    CERTAIN    LEVELS— OPERATION. 

purposes,  and  the  state  treasurer  is  hereby  authorized  and  directed  to  pay 
the  same. 

§  16.     This  act  shall  take  effect  immediately. 

Moran  vs.  Ross,  79  Cal.  159,  164,  21  Pac.  62  Pac.  Rep.  295;  Railroad  Comrs.  vs.  Mar- 
Rep.  547,  958;  Dyer  vs.  County  Placer,  90  ket  St.  R.  Co.,  132  Cal.  677,  678-687,  64  Pac. 
Cal.  276-278,  27  Pac.  Rep.  197;  Rea  vs.  Wood,  Rep.    1065. 

105   Cal.   314,   320,   38   Pac.   Rep.   899;   Behlow  See  tit.   Commissioners  of  Transportation. 
vs.  Southern  Pac.  R.  Co.,  130  Cal.  16,   17-20, 

RAILROADS— COMPLETION. 

To  enable  railroad  companies  to  complete  their  railroads. 
(Stats.  1877-8,  944,  ch.  DXCVII.) 

§  1.  Every  railroad  company  heretofore  organized  under  the  laws  of  this 
state,  and  which  has  completed  a  portion  of  its  road  prior  to  the  passage  of  this 
act,  is  hereby  authorized  and  empowered  to  complete  its  road  as  described  in 
its  articles  of  incorporation,  notwithstanding  it  may  not  have  begun  the  con- 
struction of  its  road  within  two  years  after  filing  its  original  articles  of  incor- 
poration, and  notwithstanding  it  may  not  have  completed  and  put  in  operation 
five  miles  of  its  road  each  year  thereafter. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

RAILROADS— ABOVE  CERTAIN  LEVELS. 

To   provide   for  the   management   and   operation   of   railroads   above   certain 

elevations. 

(Stats.  1897,  5,  ch.  V.) 

§  1.  All  railroads  operated  in  this  state  whose  lines  of  road  are  wholly  con- 
structed at  an  elevation  of  five  thousand  feet,  or  more,  above  the  level  of  the 
sea,  shall  only  be  required  to  maintain  and  operate  their  roads,  or  to  run  pas- 
senger or  freight  cars  thereon,  between  the  fifteenth  day  of  May  and  the  fifteenth 
day  of  October  in  each  year. 

RAILROADS— OPERATION. 

To  compel  railroad  corporations,  or  individuals  owning  railroads,  to  operate 

their  roads. 

(Stats.  1880,  43,  ch.  LVII.) 

§  1.  From  and  after  the  completion  of  any  railroad,  or  the  completion  of 
such  portion  thereof  capable  of  being  operated,  it  shall  be  the  duty  of  the  cor- 
poration or  individual  owning  the  same,  to  operate  it;  and  upon  the  failure  of 
said  corporation  or  individual  so  owning  said  road  to  keep  the  same,  or  any  part 
thereof,  in  full  operation  for  the  period  of  six  months,  its  or  his  right  to  operate 
the  same  in  whole  or  in  part,  as  the  case  may  be,  shall  be  forfeited;  and  the 
lands  occupied  for  the  purposes  of  its  or  his  road,  so  far  as  the  same  shall  not 
be  operated,  shall  revert  to  the  original  owners,  or  their  successors  in  interest. 
A  railroad  shall  be  deemed  to  be  in  full  operation  when  one  passenger  train,  or 
one  mixed  train,  is  run  over  it  once  each  day  in  each  direction,  and  a  sufficient 
number  of  freight  trains  to  accommodate  the  traffic  on  said  road. 


I 


RAILROADS— OPERATION— ELECTRICITY — SAFETY    OF    EMPLOYEES.  1113 

§  2.  This  act  shall  not  be  construed  to  apply  to  a  case  where  the  operation 
of  the  road  is  prevented  by  the  act  of  God,  nor  to  a  case  where  the  operation  of 
said  road,  together  with  its  branch  or  trunk  lines,  does  not  yield  income  sufficient 
to  defray  the  expenses  of  maintaining  and  operating  the  same  in  connection 
with  its  said  branch  or  trunk  lines. 

§  3.  The  railroad  commissioners  of  the  state  of  California  shall  have  the 
power  to  examine  and  determine  the  question  whether  said  road,  together  with 
its  said  branch  and  trunk  lines,  does  or  does  not  yield  income  sufficient  to 
operate  the  same. 

§  4.     This  act  shall  take  effect  immediately. 

Behlow  vs.  Southern  Pac.  R.  Co.,  130  Cal.  16,   17,  20,   62  Pac.   Rep.   295. 

EAILROADS— OPERATION— ELECTRICITY. 

Relating  to  the  operation  of  railroads. 
(Stats.  1893,  208,  ch.  CLXXV.) 

§  1.  Every  railroad  company  now  or  hereafter  engaged  in  the  business  of 
operating  a  railroad  or  railroads,  by  steam  motive  power,  in  the  state  of  Califor- 
nia, is  hereby  authorized  and  empowered  to  use  electricity  or  steam,  or  both 
electricity  and  steam,  for  the  purpose  of  propelling  cars  or  trains  on  such  rail- 
road or  railroads,  or  upon  any  portion  thereof;  provided,  that  in  incorporated 
cities  and  towns  having  more  than  five  thousand  inhabitants,  authority  must  first 
be  obtained  from  the  legislative  authority  of  such  city  or  town  in  the  same 
manner  in  which  franchises  are  granted. 

§  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.     This  act  shall  take  effect  immediately. 

RAILROADS— SAFETY   OF   EMPLOYEES,    ETC. 

To  promote  the  safety  of  employees  and  passengers  upon  street  railroads,  by 
compelling  equipment  of  cars  and  dummies  with  fenders  and  brakes,  and  to 
prescribe  penalties. 

(Stats.  1899,  183,  ch.  CL.) 

It  Is  presumed  that  the  substance  of  this  statute   Is   carried   Into    the   Penal   Code   by 
Stats.  1905,   766,   ch.  DLXXIII.     See  KERR'S   CYC.  PEN.  CODE  §  369a. 
See  tit.  Explosives — Dynamite. 

RAILROADS— SOUTHERN    CALIFORNIA. 

Granting  the  right  of  way  and  station  grounds  to  the  Southern  California  Rail- 
way Company  over  a  portion  of  the  asylum  grounds  in  the  county  of  San 
Bernardino. 

(Stats.  1893,  121,  ch.  CV.) 

§  1.  There  is  hereby  granted  to  the  Southern  California  Railway  Company, 
a  corporation  organized  under  the  laws  of  the  state  of  California,  for  railway 
purposes  and  station  grounds,  a  strip  of  land  two  hundred  (200)  feet  wide,  one 
hundred  and  twenty-five  (125)  feet  thereof  lying  to  the  north  of  the  center  line 
of  the  railroad  track  as  now  constructed,  and  seventy-five  (75)  feet  thereof  to 
the  south  of  said  center  line,  across  the  southwest  corner  of  the  southwest  quarter 


1114  RAILROADS— SOUTHERN    CALIFORNIA— SPUR    TRACKS. 

of  section  twenty-nine,  township  one  north,  range  three  w^est,  San  Bernardino 
base  and  meridian.  Said  strip  of  land  two  hundred  (200)  feet  wide  commencing 
at  the  western  boundary  of  the  southwest  quarter  of  section  twenty-nine,  and 
continuing  along  and  on  each  side  of  the  center  line  of  said  railroad  as  now 
constructed,  to  the  south  boundary  of  said  quarter-section;  the  above  tract  of 
land  being  hereby  granted  to  said  railway  company  for  its  tracks,  side-tracks, 
station  grounds,  and  buildings.  There  is  also  hereby  granted  to  said  railway 
company  a  right  of  way  fifty  (50)  feet  wide,  twenty-five  (25)  feet  thereof  on 
each  side  of  and  parallel  to  the  center  line  of  the  railroad  of  said  company  as 
now  constructed,  over  the  east  half  of  the  northwest  quarter  of  section  thirty- 
two,  township  one  north,  range  three  west,  San  Bernardino  meridian.  Provided, 
always,  and  this  grant  is  made  upon  the  express  condition,  that  said  railway 
company  shall  keep  and  maintain  a  station  for  receiving  and  discharging  pas- 
sengers and  freight  on  the  grounds  above  described  as  station  grounds;  and 
provided  also,  that  the  state  of  California,  through  the  board  of  directors  of 
said  asylum,  hereby  reserves  the  right  to  lay  and  construct  across  said  grounds 
and  right  of  way  herein  granted,  all  necessary  and  proper  flumes  and  water 
pipes  for  the  distribution  of  water,  same  to  be  laid  and  constructed  with  notice 
to  and  under  the  supervision  of  the  chief  engineer  of  the -California  Southern 
Railway  Company,  or  its  successors. 

§  2.  There  is  also  hereby  granted  to  the  said  railway  company  the  right  to 
maintain  its  switch  as  now  constructed  from  the  main  line  of  road  where  it 
crosses  said  asylum  grounds  to  the  northerly  side  of  the  asylum  building  now  in 
process  of  building,  for  the  purpose  of  handling  material  over  said  switch,  for 
the  use  of  said  asylum ;  but  this  last  grant  shall  terminate  upon  the  adoption  by 
the  board  of  directors  of  said  asylum  of  a  resolution  declaring  the  use  of  said 
switch  no  longer  necessary,  and  within  ninety  days  after  the  passage  of  said 
resolution,  and  its  service  upon  said  railway  company,  said  switch  shall  be  taken 
up  and  removed  by  said  railway  company,  and  at  its  own  expense. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

RAILROADS— SPUR    TRACKS. 

To  authoize  the  construction,  maintenance,  and  operation  of  private  spur  tracks 

in  municipalities. 
(Stats.  1905,  710,  ch.  DXLVIII.) 

§  1.  The  council  or  other  legislative  governing  body  of  any  city  or  town,  or 
city  and  county,  by  a  majority  vote,  may  grant  the  right  to  property  owners 
or  to  the  proprietors  of  manufacturing  or  industrial  enterprises  to  construct, 
maintain,  and  operate  spur  tracks  from  their  premises  to  a  connection  with  any 
railroad.  Such  grant  shall,  nevertheless,  be  revocable  at  the  pleasure  of  the 
granting  authority. 

RAILROADS— STREET— FARES. 

To  limit  and  fix  the  rates  of  fares  on  street  railroads  in  cities  and  towns  of  more 

than  one  hundred  thousand  inhabitants. 

(Stats.  1877-8,  18,  ch.  XI.) 

See  KERR'S  CYC.  CIVIL  CODE  §  501  and  note. 


STREET    RAILROADS— ELECTRICITY— MAIL-CARRIERS.  UIB 

RAILROADS— STREET— ELECTrJCITY. 

To  confirm,  ratify,  and  make  valid  ordinances  heretofore  passed  by  the  trustees, 
council  or  other  body  intrusted  with  the  government  of  any  iucorpoi-ated 
city,  city  and  county,  or  town  giving  authority  and  permission  to  propel 
cars  upon  railroad  tracks  laid  through  the  streets  and  public  highways  of 
such  incorporated  city,  city  and  county,  or  town,  by  electricity. 

(Stats.  1891,  12,  ch.  XIX.) 

§  1.  In  all  cases  where,  prior  to  the  passage  of  this  act,  authority  to  lay  rail- 
road tracks  through  streets  or  public  highways  of  any  incorporated  city,  city 
and  county,  or  town,  has  been  obtained  for  a  term  of  years  not  exceeding  fifty, 
from  the  trvistees,  council,  or  other  body  to  whom  was  intrusted  the  government 
of  the  city,  city  and  county,  or  town,  and  permission  has  been  granted  by  such 
governing  body  to  propel  cars  upon  such  ti-acks  by  electricity,  such  authority 
and  permission  shall  be,  and  shall  be  held  and  deemed,  as  valid  and  legal  as  the 
same  would  have  been  if,  at  the  time  of  the  obtaining  thereof,  section  four  hun- 
dred and  ninety-seven  of  the  Civil  Code  had  expressly  declared  that  permission 
might  be  given  to  propel  cars  upon  such  tracks  by  electricity,  as  well  as  by 
horses,  mules,  or  wire  ropes  running  under  the  streets  and  propelled  by  sta- 
tionary steam  engines ;  provided,  that  all  such  permissions  or  franchises  hereto- 
fore granted  shall  be  subject  to  the  provisions  of  the  laws  of  this  state  applicable 
to  street  railroads  in  general,  and  subject  to  the  same  regulations  from  city, 
city  and  county,  and  town  authorities  as  if  the  said  franchises  were  hereafter 
granted. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

RAILROADS— STREET— MAIL-CARRIERS. 

Requiring  city,  city  and  county,  or  town  authorities  to  exact  and  require  from 
persons  or  corporations  seeking  permission  and  authority  to  lay  railroad 
tracks  through  streets  or  public  highways  of  any  incorporated  city,  city 
and  county,  or  town,  a  satisfactory  promise  and  undertaking  to  permit  and 
allow  mail-carriers  in  the  employ  of  the  United  States  government  at  all 
times,  while  engaged  in  the  actual  discharge  of  duty,  to  ride  on  the  cars  of 
such  railroad  without  paying  fare;  and  to  make  such  promise  and  under- 
taking a  condition  precedent  to  the  granting  of  such  permission  and  au- 
thority by  such  governing  board. 

(Stats.  1893,  44,  ch.  XXVII.) 

§  1.  In  all  cases  hereafter,  where  application  is  made  to  the  city,  citj''  and 
county,  or  town  authorities,  or  to  the  trustees,  council,  or  other  body  to  whom  is 
intrusted  the  government  of  the  city,  city  and  county,  or  town,  for  permission 
and  authority  to  lay  railroad  tracks  through  streets  or  public  highways  of  any 
incorporated  city,  city  and  county,  or  town,  such  authorities,  before  granting 
such  permission  and  authority,  in  addition  to  the  terms  and  restrictions  which 
they  are  now,  by  law,  authorized  to  impose,  must  exact  and  require  from  the 
persons  or  corporations  asking  or  seeking  such  permission  and  authority,  a  satis- 
factory promise  and  undertaking  to  permit  and  allow  mail-carriers  in  tlic  employ 
of  the  United  States  government,  at  all  times  while  engaged  in  the  actual  dis- 


1116  RECLAMATION    DISTRICTS — APPEAL    FROM    ORDER    FORMING. 

charge  of  duty,  to  ride  on  the  cars  of  such  railroad  without  paying  any  sum 
of  money  whatever  for  fare  or  otherwise.  And  such  governing  body  of  city,  city 
and  county  or  town  authorities  must  make  such  promise  and  undertaking  on  the 
part  of  such  persons  or  corporations  a  condition  precedent  to  the  granting  of 
such  permission  and  authority  to  lay  railroad  tracks  through  streets  or  public 
highways  of  such  city,  city  and  county,  or  town;  provided,  that  all  such  per- 
missions and  franchises  shall  be  subject  to  all  other  provisions  of  the  laws  of  this 
state  applicable  to  street  railroads  in  general,  and  subject  to  regulations  from 
city,  city  and  county,  and  town  authorities. 

§  2.     This  act  shall  take  effect  and  be  in  full  force  from  and  after  its  passage. 

RAILROADS. 

See  tits.  Corporations;  Franchises;  Municipal  Corporations;  Public  Health. 

The    following-    special    legislation    grant-  To     California     Pacific.  — 1867-8,     671,     ch. 

ing  railroad  franchises  is  noted:  CCCCXCIX. 

To      Central      Pacific.  — 1863-4,      471,      ch.  From    lone    to    Sutter   Creek. — 1877-8,    841, 

CCCCXVII,  and   see  1871-2,  432,  ch.  CCCXVIII.  ch.    DXXXIX. 

Central     Pacific  —  Relocation.  —  1863,    320,  From  Colfax  to  Nevada  City. — 1873-4,492, 

ch.    CCXLIV.  ch.    CCCXXXVI. 

To    the    California    and    Oregon.  — 1867-8,  From    3Iar>sville    to    Knight's    Landing. — 

655,   ch.   CCCCLXXXIII.  1873-4,   780,   ch.   DXLV. 

RECLAMATION    DISTRICTS— APPEALS. 

Providing  for  appeals  from  orders  of  the  board  of  supervisors  forming  or  re- 
fusing to  form  reclamation  or  swamp -land  districts,  setting  off  lands  from 
such  districts,  or  including  lands  in  such  districts,  or  consolidating  swamp- 
land or  reclamation  districts. 

(Stats.  1893,  174,  ch.  CXLVII.) 

§  1.  Any  person  having  an  interest  affected  by  any  order  of  the  board  of 
supervisors  of  any  county,  approving  or  refusing  to  approve  any  petition  for 
the  formation  of  a  reclamation  or  swamp-land  reclamation  district,  or  in  any 
manner  creating  or  consolidating  such  districts,  or  including  in  or  excluding 
from  such  district,  any  lands,  may,  Avithin  thirty  days  after  said  order  is  made, 
appeal  therefrom  to  the  superior  court  of  the  county. 

§  2.  Such  appeal  shall  be  taken  and  prosecuted  in  the  manner  prescribed  by 
law  and  the  rules  of  said  superior  court  relating  to  appeals  from  inferior  courts, 
and  the  matter  shall  be  tried  anew  in  said  superior  court.  The  judgment  ren- 
dered in  the  superior  court  in  such  matters  shall  be  final.  Each  superior  court 
held  in  any  county  of  the  state  in  which  there  are  any  reclamation  or  swamp- 
land reclamation  districts  shall  make  rules  regulating  appeals  in  the  cases  herein- 
before mentioned ;  and  the  clerk  of  the  board  of  supervisors  shall,  upon  a  notice 
of  appeal  and  undertaking  on  appeal  being  filed  with  him,  transmit  the  same, 
and  all  papers  and  documents  used  on  the  hearing  before  said  board,  to  the 
clerk  of  the  superior  court  in  and  for  said  county,  who  shall  thereupon  file  the 
same  without  receiving  any  fee  therefor. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

The  foregoing  statute  evidently  repeals  that  of  1880,  119,  ch.  CIX,  and  which  related 
only   to    orders    "forming"   districts. 


RECLAMATION    DISTRICTS— ASSESSMENTS— BONDS.  1117 

RECLAMATION    DISTRICTS— ASSESSMENTS. 

To  facilitate  the  equalization  of  assessments  in  reclamation  districts. 
(Stats.  1881,  70,  ch.  LIX.) 

§  1.  Whenever,  under  the  provisions  of  section  three  thousand  four  hundred 
and  seventy-seven  of  the  Political  Code,  the  purchasers  from  the  state  of  lands 
included  in  any  reclamation  district  have  been  credited  with  payment  in  full  for 
such  lands,  the  trustees  of  such  district  may  in  theii:  discretion  allow  a  credit 
of  one  dollar  per  acre  on  all  lands  a&sessed  in  such  districts  for  reclamation  pur- 
poses, the  title  to  which  lands  has  not  been  derived  by  purchase  of  the  same  from 
the  state  as  swamp  and  overflowed  lands ;  such  credit  to  be  given  on  any  assess- 
ment heretofore  made  and  remaining  unpaid,  or  on  any  future  assessment  where 
the  owner  of  such  lands  has  not  theretofore  received  such  credit,  whether  judg- 
ments for  the  payment  of  such  assessments  have  been  recovered  or  not ;  provided, 
that  no  such  credit  shall  be  given  or  allowed,  or  agreed  to  be  given  or  allowed, 
until  such  person  shall  have  paid  all  assessments  levied  on  such  lands,  with 
interest  thereon  at  the  rate  of  ten  per  centum  per  annum  from  date  of  delin- 
quency, and  all  judgments  therefor  in  full,  less  the  amount  of  such  credit. 

§  2.     This  act  shall  take  effect  immediately. 

RECLAMATION   DISTRICTS— BONDS. 

To  provide  for  the  issuing  of  bonds  by  reclamation  districts,  and  the  disposal 
thereof  for  reclamation  and  other  purposes,  and  their  payment  by  taxa- 
tion upon  the  property  situated  in  such  reclamation  districts. 

(Stats.  1895,  197,  ch.  CLXXIV.) 

§  1.  Whenever  in  the  opinion  of  the  board  of  trustees  of  any  reclamation 
district  now  formed,  or  hereafter  to  be  formed,  under  any  law  of  this  state, 
the  cost  of  the  works  of  reclamation  according  to  the  plans  thereof  will  be  too 
great  to  be  raised  by  assessments  as  provided  in  the  Political  Code,  said  board 
of  trustees  shall  order  a  special  election  to  be  held  at  some  place  in  said  dis- 
trict to  be  designated  by  said  board  of  trustees,  at  which  said  special  election 
shall  be  submitted  to  the  owners  of  land  in  said  district  the  question  whether 
or  not  the  bonds  of  said  district  shall  be  issued  in  an  amount  necessary  to  con- 
struct said  works  of  reclamation,  wdiicli  said  amount  shall  be  estimated  by 
said  board  of  trustees,  and  stated  in  the  order  for  such  special  election. 

§  2.  Notice  of  such  special  election  must  be  given  by  the  board  of  trustees 
by  posting  notices  thereof  in  at  least  three  public  places  in  the  district,  at 
least  twenty  days  prior  thereto,  and  also  by  publication  for  the  same  time  in 
some  newspaper  published  in  each  county  in  which  any  portion  of  said  district 
may  be  situated,  if  there  be  a  new^spaper  published  in  each  of  such  counties, 
and  if  there  is  no  new^spaper  so  published,  then  by  such  publication  in  each 
county  in  which  there  is  a  newspaper  published,  and  such  notice  must  specify 
the  time  and  place  of  holding  such  election,  the  amount  of  bonds  proposed  to 
be  issued,  and  the  names  of  three  landholders  of  the  district  to  act  as  a  board 
of  election. 

§  3.  At  such  election  each  holder  of  lands  in  the  district  shall  be  entitled  to 
vote  in  person  or  by  proxy,  and  shall  have  the  right  to  cast  one  vote  for  each 


1118  RECLAMATION  DISTRICTS— BONDS— SPECIAL,  ELECTION   FOR. 

dollar's  worth  of  real  estate  owned  by  him  in  the  district,  the  value  thereof 
to  be  determined  from  the  next  preceding  assessment  roll  of  the  county  where 
the  same  is  situated;  and  the  board  of  trustees  of  thje  district  shall,  prior  to 
the  election,  procure  from  the  assessor  of  each  county  where  any  portion  of 
the  district  is  situated  a  list,  certified  by  such  assessor,  containing  a  description 
of  all  the  land  of  the  district  situated  in  such  county,  the  name  of  the  person 
to  whom  each  tract  is  assessed,  and  the  value  thereof  as  appears  from  the 
assessment  roll  of  said  county,  which  said  list  shall  be  furnished  to  and  be 
used  by  the  said  board  of  election  in  determining  the  number  of  votes  each 
voter  is  entitled  to  cast.  No  person  shall  vote  by  proxy  at  such  election,  un- 
less authority  to  cast  such  vote  shall  be  evidenced  by  an  instrument  in  writing, 
duly  acknowledged  and  certified  as  grants  of  real  property,  and  filed  with  the 
board  of  election.  The  ballots  cast  at  such  election  shall  contain  the  words 
"Bonds — ^Yes, "  or  the  words  "Bonds — No,"  and  also  the  name  of  the  person 
casting  the  ballot,  with  the  number  of  votes  cast  by  him ;  and  a  list  of  the  bal- 
lots cast  shall  be  made  by  the  board  of  election,  containing  the  name  of  the 
voter,  and  if  the  ballot  be  cast  by  proxy,  the  name  of  the  person  casting  it, 
the  number  of  votes  cast,  and  whether  the  same  be  cast  for  or  against  the 
issuing  of  the  bonds. 

§  4.  If  the  persons,  or  any  of  them,  appointed  and  specified  in  the  notice 
of  election  as  the  board  of  election  fail  to  attend  at  the  time  and  place  ap- 
pointed for  the  election,  the  voters  present  at  the  time  for  opening  the  polls 
may  appoint  any  landholder  of  the  district  then  present  to  fill  the  place  of 
any  absent  member  thereof.  Each  member  of  such  board  of  election  must, 
before  entering  upon  his  duties  as  such,  take  an  official  oath  as  such  member 
of  the  board  of  election,  which  said  oath  may  be  administered  by  any  officer 
authorized  to  administer  oaths,  or  by  any  landholder  in  the  district.  The 
polls  shall  be  kept  open  for  the  reception  of  votes  from  ten  o'clock  a.  m. 
until  four  o'clock  p.  m.  At  the  close  of  the  polls  the  board  of  election  shall 
at  once  proceed  to  canvass  the  votes  and  declare  the  result  and  forward  a 
certificate,  showing  the  number  of  votes  cast  for  and  against  the  issuing  of 
bonds,  to  the  board  of  supervisors  of  the  county  where  the  district  was  formed, 
and  deliver  a  duplicate  thereof  to  the  board  of  trustees  of  the  district,  and 
shall  also  deliver  to  the  said  board  of  trustees  all  ballots  cast  at  such  election, 
ancLall  documents  and  papers  used  at  such  election. 

§  5.  If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of  the 
issuance  of  bonds,  the  board  of  trustees  of  the  district  shall  cause  bonds  in  the 
amount  stated  in  the  order  for  election  to  be  issued  and  placed  in  the  custody 
of  the  treasurer  of  the  county  in  which  the  district  was  formed.  Said  bonds 
shall  be  of  the  denomination  of  one  hundred  dollars  each,  shall  be  negotiable 
in  form,  signed  by  the  president  of  the  board  of  trustees  of  the  district,  and 
the  chairman  of  the  board  of  supervisors  of  said  county,  and  attested  by  the 
clerk  of  said  board  of  supervisors,  and  the  seal  of  said  board  of  supervisors, 
shall  be  numbered  consecutively  as  issued,  apd  bear  date  at  the  time  of  their 
issue,  and  shall  express  on  their  face  that  they  were  issued  by  authority  of 
this  act,  stating  its  title  and  date  of  approval,  and  the  date  of  the  election  at 
which  their  issuance  was  authorized.  Said  bonds  shall  bear  interest  at  the 
rate  of  seven  per  centum  per  annum,  payable  semiannually  on  the  first  day 


RECLAMATION     DISTRICTS— BONDS— PRINCIPAL     AND     INTEREST.  1119 

of  January  and  the  first  day  of  July  in  each  year,  at  the  office  of  said  county 
treasurer,  upon  the  presentation  of  the  proper  coupons  therefor.  Coupons  for 
each  instalment  of  interest  shall  be  attached  to  said  bonds,  and  shall  be  num- 
bered, signed,  and  attested,  in  the  same  manner  as  the  bond.  The  principal  of 
said  bonds  shall  be  paid  as  folloAvs,  to  wit:  Ten  per  centum  of  the  whole 
amount  of  bonds  issued,  according  to  their  consecutive  numbers,  shall  be  paid 
in  ten  years  from  the  date  of  their  issue,  at  the  office  of  said  county  treasurer, 
and  ten  per  centum  thereof  each  succeeding  year  thereafter,  until  all  are  paid. 
If  any  bond  shall  not  be  presented  for  payment  when  the  same  becomes  due, 
it  shall  cease  to  draw  interest;  but  if  presented  at  such  time,  and  not  paid 
for  want  of  funds,  the  said  county  treasurer  shall  so  indorse  it,  and  thereafter 
such  bond  shall  draw  interest  until  paid,  at  said  rate  of  seven  per  centum  per 
annum,  payable  semiannually. 

§  6.  The  treasurer  of  said  county  shall  place  the  bonds  prepared  pursuant 
to  this  act  to  the  credit  of  said  district,  and  may  at  any  time  sell  any  of  said 
bonds  for  the  best  price  obtainable  therefor,  but  in  no  event  for  less  than  the 
face  value  of  said  bond,  and  the  accrued  interest  thereon.  Any  money  derived 
from  the  sale  of  said  bonds  by  said  county  treasurer  shall  be  placed  in  the 
treasury  to  the  credit  of  said  district,  and  a  proper  record  of  such  transaction 
be  placed  upon  the  books  of  said  treasurer, 

§  7.  The  board  of  trustees  of  said  district  may  draw  orders  upon  the  said 
county  treasurer,  payable  in  bonds  or  money  in  the  proportion  and  to  the 
amount  therein  named,  to  pay  for  labor  or  services  performed  for,  or  materials 
or  property  furnished  to,  said  district,  for  the  purpose  of  constructing  the 
reclamation  works  thereof,  and  the  expenses  necessarily  incident  to  maintain- 
ing the  same,  and  the  contingent  expenses  of  said  district,  which  said  orders 
shall  be  approved  by  the  board  of  supervisors  of  the  county  where  such  district 
was  formed,  and  thereafter  be  paid  by  said  treasurer  in  the  manner  therein  pro- 
vided for  if  such  bonds  or  money  then  remaining  in  said  treasury  to  the  credit 
of  said  district  be  sufficient  to  pay  the  sanje. 

§  8.  The  principal  of  said  bonds,  and  the  interest  thereon,  shall  be  paid  by 
revenue  derived  from  a  tax  levied  upon  the  assessable  real  property  of  the 
district,  and  the  board  of  supervisors  of  the  county  wherein  said  district  was 
formed,  at  the  time  of  making  the  levy  of  taxes  for  county  purposes,  must 
levy  a  tax  for  that  year,  upon  the  taxable  real  property  in  such  district,  suf- 
ficient to  pay  the  interest  which  may  become  due  upon  said  bonds  during  such 
year,  and  if  any  portion  of  the  principal  of  said  bonds  will  become  due  during 
such  year,  then  also  in  an  amount  sufficient  to  pay  such  portion  of  said  princi- 
pal. All  taxes  so  levied  shall  be  computed  and  entered  on  the  assessment  roll 
of  the  county  where  such  land  may  be  situated,  by  the  county  auditor,  and  col- 
lected by  the  tax  collector,  at  the  same  time  and  in  the  same  manner  as  state 
and  county  taxes,  and  when  collected  shall  be  paid  into  the  county  treasury 
for  the  use  of  said  district. 

§  9.  When  such  district  is  situated  partly  in  different  counties,  the  assessor 
of  said  county,  or  counties,  other  than  the  county  where  the  district  was 
formed,  and  in  which  any  portion  of  such  district  may  be  situated,  shall,  pi-ior 
to  the  time  when  the  board  of  supervisors  meets  to  make  the  levy  for  county 


1120  RECLAMATION    DISTRICTS— EXPENSES,    HOW    PAID— DISSOLUTION. 

purposes  in  each  year,  certify  to  the  board  of  supervisors  of  the  county  where 
such  district  was  formed,  a  statement  of  the  total  value  of  all  the  taxable  real 
property  of  said  district,  situated  in  his  county ;  and  when  such  board  of  super- 
visors shall  have  determined  the  rate  of  taxation  necessary  to  be  levied  upon 
such  property  the  clerk  of  said  board  of  supervisors  shall  certify  the  same, 
under  the  seal  of  said  board,  to  the  auditor  of  any  county  other  than  the 
county  where  such  district  was  formed,  and  such  auditor  shall  thereupon  com- 
pute the  tax  and  enter  the  same  upon  the  assessment  roll  of  said  county. 
When  any  taxes  shall  have  been  collected  under  any  of  the  provisions  of  this 
act,  and  placed  in  the  treasury  of  any  county  other  than  the  one  in  which 
said  district  was  formed,  the  treasurer  of  such  county  must,  when  requested 
so  to  do  by  the  board  of  trustees  of  said  district,  forward  all  money  in  such 
treasury  to  the  county  treasurer  of  the  county  in  which  such  district  was 
formed,  who  shall  receive  and  receipt  for  the  same,  and  place  such  money  in 
the  treasury  of  such  county  to  the  credit  of  said  district. 

§  10.  No  assessor,  tax  collector,  treasurer,  or  clerk  shall  receive  any  fee 
for  any  service  required  to  be  performed  by  them  under  the  provisions  of  this 
act.  All  expenses  necessarily  incurred  in  carrying  out  the  provisions  of  this 
act  shall  be  paid  out  of  any  money  to  the  credit  of  the  district  for  which  the 
services  are  performed  in  the  treasury  of  the  county  where  the  district  was 
formed,  upon  the  order  of  the  board  of  trustees  of  said  district,  approved  by 
the  board  of  supervisors  of  said  county. 

§  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

RECLAMATION  DISTRICTS— DISSOLUTION. 

Providing  for  the  dissolution  and  annulment  of  swamp  and  overflowed  land 
reclamation   districts   and  protection   districts   for  non-user   of   corporate 

P°^'^^®-  (Stats.  1899,  13,  ch.  XVI.) 

§  1.  All  swamp  and  overflowed  land  reclamation  districts  and  protection  dis- 
tricts heretofore  organized  under  any  law  of  this  state,  which  have,  for  more 
than  five  years,  failed  or  neglected  to  use  their  corporate  powers,  and  are  free 
from  debt,  or  against  which  all  claims  are  barred  by  the  provisions  of  the  Code 
of  Civil  Procedure  of  this  state,  may  be  dissolved  and  annulled  by  the  judgment 
of  a  court  of  competent  jurisdiction  on  proper  proceedings  had  therefor.  The 
action  or  proceeding  may  be  brought  against  said  district  by  any  person  owning 
lands  therein.  The  summons  shall  be  served  upon  a  majority  of  the  last  elected 
and  acting  trustees  of  the  district,  if  living ;  if  not  living,  then  it  may  be  served 
generally  by  publication. 

§  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See   KERR'S   CYC.  POL.  CODE   §  3493. 

RECLAMATION  DISTRICTS. 

Subjecting  certain  reclamation  districts  in  the  state  to  the  provisions  of  the 

Political  Code. 
(Stats.  1885,  77,  ch.  CII.) 


\ 


i 


RECLAMATION  DISTRICTS— FUNDING  DEBT— PROCEDURE.  HSl 

§  1.  All  reclamation  districts,  now  legally  existing  in  the  state,  which  were 
formed  under  the  provisions  of  any  statute  of  the  state  prior  to  the  first  day 
of  January,  eighteen  hundred  and  seventy-three,  which  are  now,  and  have  been 
ever  since  their  creation,  prosecuting  the  objects  for  which  they  were  created, 
shall,  after  this  act  takes  effect,  be  subject  to  the  provisions  of  the  Political  Code 
of  the  state  relating  to  reclamation  districts  for  reclamation  purposes,  the  same 
as  though  such  districts  had  been  formed  and  created  under  the  provisions  of 
article  two  of  said  code,  relating  to  "swamp  and  overflowed,  salt-marsh,  and  tide 
lands";  provided,  that  nothing  in  this  act  shall  affect  any  proceeding  that  shall 
have  been  already  comm'enced  for  the  levy  or  collection  of  assessments  in  such 
districts  when  this  act  takes  effect;  nor  shall  it  affect  any  act  done  or  performed 
in  relation  to  the  aft'airs  of  the  districts  prior  to  said  last-mentioned  date,  nor 
the  indebtedness  of  the  districts  theretofore  incurred. 

§  2.     This  act  shall  take  effect  immediately. 

RECLAMATION  DISTRICTS— FUNDING  OF  DEBTS. 

To  provide  for  the  funding  of  the  indebtedness  of  the  reclamation  and  levee 

districts  of  the  state. 

(Stats.  1871-2,  835;  ch.  DLXX;  amended  1873-4,  237,  eh.  CLXXIV;  1873-4, 
585,  ch.  CCCCXIII;  1875-6,  888,  ch.  DXCIV.) 

§  1.  The  board  of  supervisors  of  Sutter  County  shall  be  ex  officio  members 
of  and  constitute  a  board,  to  be  known  as  reclamation  fund  commissioners,  who 
shall  provide  an  official  seal,  and  have  the  powers  and  perform  the  duties  herein- 
after provided.  The  chairman  of  the  board  of  supervisors  shall  be  president  of 
the  said  board  of  reclamation  fund  commissioners,  and  the  county  clerk  shall 
act  as  clerk  of  said  board.  They  shall  have  an  office  at  the  county  seat  of  Sutter 
County.     [Amendment,  Stats.  1873-4,  585.] 

§  2.  "Whenever  in  any  reclamation  district  the  trustees,  or  the  owners  of  the 
land  in  case  there  be  no  trustees,  or  the  engineer  of  any  levee  district,  have  re- 
ported or  may  hereafter  report  to  the  board  of  supervisors  the  plans  and  esti- 
mates of  the  cost  of  the  works  of  reclamation  therein,  or  whenever  in  such  dis- 
tricts assessments  have  been  levied  and  paid,  in  whole  or  part,  or  warrants  drawn 
by  the  trustees  or  owners  of  the  land  and  approved  by  the  board  of  supervisors 
are  outstanding,  the  board  of  supervisors  by  whom  such  district  was  formed 
shall  cause  a  notice  to  be  published  for  three  weeks,  in  a  newspaper  published  in 
the  county  or  counties  in  which  the  district  is  situated,  or  if  there  be  none  such, 
in  a  newspaper  of  general  circulation  in  such  county  or  counties,  calling  a  meet- 
ing of  the  landowners  therein,  stating  the  time  and  place  of  such  meeting,  and 
that  the  question  will  then  and  there  be  submitted  whether  the  estimated  cost  of 
the  work  of  reclamation  shall  be  provided  for  by  the  issue  of  bonds  in  pursuance 
of  this  act.  In  case  of  a  district  where  assessments  have  been  levied  and  paid, 
in  whole  or  part,  or  where  such  warrants  are  outstanding,  the  notice  shall  state 
that  the  question  will  be  submitted  whether  bonds  shall  be  is.sued  in  pursuance 
of  this  act  for  funding  such  assessments  paid  and  such  warrants  outstanding. 
At  such  meeting  the  president  of  the  board  of  supervisors  shall  preside,  and  the 
clerk  of  the  board  shall  act  as  secretary ;  and  the  question  as  above  stated  shall 

Gen.   Laws — 71 


1122  RECLAMATIOjV   DISTRICTS — FUNDING   DEBT. 

be  determined  by  a  vote  of  the  majority  in  acreage  of  the  landowners  of  the 
district.  The  minutes  of  such  meeting  shall  be  filed  among  the  records  of  the 
said  board  of  supervisors. 

§  3.  If  it  be  determined  that  bonds  shall  be  issued  for  any  of  said  purposes, 
the  said  president  of  the  board  of  supervisors  shall  transmit  to  the  reclamation 
fund  commissioners  a  certificate,  under  the  county  seal,  stating  that  the  land- 
owners in  reclamation  or  levee  district  number  (designating  its  proper 

number),  had  determined  that  bonds  of  the  district  should  be  issued  in  pur- 
siuance  of  the  provisions  of  this  act,  the  county  or  counties,  in  which  the  district 
is  situated,  and  the  total  estimated  cost  of  the  works  of  reclamation.  And  in 
case  the  bonds  are  to  be  issued  for  funding  assessments  paid,  or  warrants  out- 
standing, the  said  certificate  shall  state,  in  addition,  the  total  amount  of  assess- 
ments paid  and  Avarrants  outstanding  in  said  district,  and  any  further  estimated 
cost  of  reclamation  reported  in  said  district,  to  the  board  of  supervisors;  pro- 
vided, that  all  contracts  let  after  the  passage  of  this  act  for  the  purpose  of 
reclamation  in  any  of  the  districts  that  shall  vote  to  avail  themselves  of  the 
provisions  of  this  act,  shall  be  let  to  the  lowest  responsible  bidder ;  and  for  that 
purpose  the  trustees  of  the  district  shall  give  thirty  days'  notice  in  some  news- 
paper published  in  a  county  in  which  the  district  or  some  part  thereof  is  situ- 
ated, if  there  be  one ;  but  if  there  be  none,  then  in  some  newspaper  of  general 
circulation  in  the  county  or  counties  in  which  the  district  is  situated,  that  they 
will  receive  bids  for  the  construction  of  the  works  in  accordance  with  the  plans 
and  specifications  of  said  district,  and  stating  the  time  and  place  where  such 
bids  will  be  received  and  opened ;  and  they  will  award  the  contract  to  the  lowest 
bidder  who  will  give  good  and  sufficient  bonds  for  the  performance  of  the  same. 
After  the  contract  has  been  so  awarded,  the  trustees  shall  proceed  with  the 
reclamation  in  all  respects  under  the  provisions  of  the  law  under  which  the 
district  is  organized;  provided,  that  the  trustees  may  reject  any  and  all  bids, 
if  by  them  deemed  too  high,  and  again  may  give  notice,  in  the  same  manner  as 
herein  provided. 

§  4.  The  said  certificates  shall  be  filed  in  the  office  of  the  said  reclamation 
fund  commissioners,  who  shall  thereupon  cause  to  be  prepared  bonds  of  the  said 
district  to  an  amount  not  exceeding  the  estimated  cost  of  the  works  of  reclama- 
tion, or  the  aggregate  amount  of  assessments  paid  and  outstanding  warrants 
therein,  and  in  any  further  estimated  cost  of  reclamation  reported  in  said  dis- 
trict to  the  board  of  supervisors ;  provided,  no  issue  of  bonds  shall  exceed  six 
dollars  per  acre  in  the  aggregate,  except  that  in  district  number  forty-one 
and  Twitchell  Island  district;  Grand  Island  district  shall  not  exceed  fifteen 
dollars  per  acre,  and  in  Sherman  Island  district  twenty-five  dollars  per  acre. 
And  the  principal  and  interest  of  said  bonds  shall  be  payable  out  of  the  special 
fund  hereinafter  directed  to  be  created. 

§  5.  The  bonds  shall  designate  the  reclamation  or  levee  district  by  its 
proper  number ;  be  issued  in  sums  of  not  less  than  five  hundred  dollars  each ; 
be  made  payable  t^venty  j^ears  after  date,  and  bear  interest  at  eight  per  centum 
per  annum,  payable  on  the  first  day  of  January  and  July  of  each  year.  The 
principal  and  interest  shall  be  made  payable  in  gold  coin  of  the  United  States, 
at  the  office  of  the  state  treasurer.  The  bonds  shall  be  numbered  and  bear  the 
same  date,  although  issued  at  different  times,  and  be  signed  by  the  reclama- 


RECLAMATION  DISTRICTS— FUNDING  INDEBTEDNESS— RECORD   OF   DONDS.       1133 

tion  fund  commissioners,  and  have  their  seal  affixed  thereto.  Coupons  for  the 
interest  shall  be  attached  to  each  bond,  so  that  they  may  be  removed  without 
mutilation  thereof,  and  shall  be  signed  by  the  president  of  the  fund  commis- 
sioners. Said  bonds  shall  express  on  their  face  that  they  are  issued  by 
authority  of  this  act,  stating  its  title  and  date  of  approval.  [Amendment, 
Stats.  1873-4,  585.] 

§  6.  The  expense  of  preparing  said  bonds  and  other  necessary  expenses 
shall  be  paid  by  the  district  in  the  same  manner  as  other  indebtedness. 

§  7.  The  "Eeclamation  Fund  Commissioners"  are  hereby  authorized  and 
required  to  apply  said  bonds  of  the  district  valued  at  par  to  the  funding,  by 
receiving  in  exchange  therefor  at  par  all  certificates  of  assessments  paid  in 
such  district,  with  legal  interest  thereon  from  the  date  of  payment,  and  also 
all  outstanding  warrants  which  have  been  approved  or  issued  by  the  board  of 
supervisors  of  the  county  or  counties  in  w^hich  the  district  is  situated,  with 
legal  interest  thereon  from  their  date  of  registration  or  presentation  for  pay- 
ment at  the  county  treasurer's  office.  In  such  funding  interest  shall  be  esti- 
mated on  such  assessments  and  warrants,  to  the  first  of  January  or  July  next 
succeeding,  and  the  reclamation  fund  commissioners  shall  remove  from  the 
bond  before  delivery  all- coupons  for  accrued  interest  up  to  that  date,  and  shall 
cancel  the  removed  coupons  as  in  the  case  of  paid  coupons,  but  adding  the 
word  "Unpaid." 

§  8.  No  bond  shall  be  issued  for  the  fractional  part  of  five  hundred  dollars ; 
but  the  reclamation  fund  commissioners  shall  issue  certificates  for  such  frac- 
tion not  funded,  which  shall  be  transferable  by  delivery  and  be  funded  with 
legal  interest  from  their  date  when  presented  in  sums  of  not  less  than  five 
hundred  dollars  or  its  multiple. 

§  9.  To  entitle  an  assessment  to  be  funded,  the  applicant  shall  present  to 
the  reclamation  fund  commissioners  a  certificate  from  the  county  treasurer, 
stating  the  name  of  the  person  by  whom,  and  the  number  of  the  district  in 
which  the  said  assessment  was  paid,  its  amount,  and  the  date  of  its  payment. 
The  bonds  shall  be  issued  to  the  legal  holders  of  such  certificates  or  warrants 
upon  their  being  surrendered  in  exchange  for  said  bonds;  and  they  shall  be 
canceled  when  so  funded  by  that  word  being  written  on  their  face  and  signed 
by  the  president  and  secretary  of  the  reclamation  fund  commissioners;  pro- 
vided, that  if  the  person  who  paid  the  assessment  shall  have  subsequently  sold 
or  contracted  to  sell  the  land,  then  and  in  such  case  the  bonds  shall  be  issued 
to  the  purchaser  of  the  land. 

§  10.  The  reclamation  fund  commissioners  shall  keep  records  of  all  such 
bonds  issued,  showing  the  number,  date,  and  amount,  the  name  of  the  person 
to  whom,  and  the  number  of  the  district  for  which  each  bond  was  issued,  and 
describing  the  certificates  or  warrants  so  funded,  and  open  and  keep  an  account 
with  the  district  therefor:  and  shall  transmit  monthly  to  the  state  treasurer 
a  list  of  such  bonds  issued  during  the  preceding  month;  and  he  shall  enter 
such  lists  in  proper  books  to  be  kept  in  his  office. 

§  11.  For  the  purpose  of  raising  fimds  for  the  payment  of  the  principal  and 
interest  of  said  bonds,  the  board  of  supervisors  of  the  county  who  approved 
the  formation  of  the  district  are  hereby  authorized  and  directed,  immediately 


1134      RECLAMATION   DISTRICTS— FUIS DING    INDEBTEDNESS— ASSESSMENT   LIST. 

after  the  determiuation  by  the  huid-owners  in  favor  of  the  issue  of  bonds  as 
hereinbefore  provided,  to  appoint  three  competent  persons,  residents  of  the 
county  or  counties  in  which  the  district  is  situated,  and  interested  neither 
directly  nor  indirectly  in  the  lands  of  the  district,  as  "Assessment  Commis- 
sioners," and  shall  issue  to  each  of  them  a  certificate  of  appointment  as  in 
cases  of  county  officers. 

§  12.  Before  proceeding  to  discharge  their  duties,  each  of  said  commis- 
sioners shall  subscribe  an  oath,  indorsed  in  his  certificate  of  appointment, 
which  shall  be  filed  in  the  office  of  the  clerk  of  the  county  in  which  he  resides, 
that  he  has  no  interest,  direct  or  indirect,  in  the  lands  within  the  said  district, 
and  that  he  will  to  the  best  of  his  ability,  without  fear  or  favor,  perform  all 
the  duties  required  by  this  act.  Their  compensation  shall  be  fixed  by  the 
said  board  of  supervisors  at  the  time  of  their  appointment,  not  to  exceed  five 
dollars  per  day  for  the  time  necessarily  employed,  and  shall  be  paid,  together 
with  any  necessary  expenses  in  the  performance  of  their  duties,  by  the  trustees 
of  the  district  or  by  the  owners  of  land  therein,  if  there  be  no  trustees,  in  the 
same  manner  as  other  claims  against  the  district  are  paid. 

§  13.  The  said  commissioners,  immediately  after  being  qualified,  shall  give 
notice  by  posting  the  same  for  not  less  than  twenty  days,  in  three  public  places 
within  the  district,  and  by  publication  in  a  newspaper,  if  there  be  any  pub- 
lished in  the  county  or  each  of  the  counties  in  which  the  district  "is  situated, 
stating  that  on  a  day  and  hour,  and  at  a  place  to  be  named  in  said  notice,  they 
will  hold  a  meeting  to  determine  the  amount  to  be  charged  on  each  forty-acre 
tract  or  lot  as  known  by  the  United  States  system  of  surveys  within  the  dis- 
trict (designating  its  number),  for  the  benefits  received  or  to  be  received  from 
the  works  of  reclamation  therein,  so  as  to  furnish  a  basis  by  which  the  lands 
of  the  said  district  may  be  assessed  to  raise  the  amount  requisite  to  pay  the 
principal  and  interest  as  they  may  become  due  on  the  bonds  of  the  said  district, 
and  that  all  persons  interested  in  said  lands  will  then  be  heard. 

§  14.  The  commissioners  shall  meet,  in  pursuance  of  such  notice,  and  shall 
continue  in  session  for  not  more  than  thirty  days,  and  within  ten  days  there- 
after they  shall  prepare  a  list,  to  be  entitled  Assessment  List  of  Reclamation 

District  Number (designating  its  proper  number,  which  shall  contain  a 

description  of  each  forty-acre  tract  or  lot  in  said  district,  as  known  by  the 
United  States  system  of  survey,  the  number  of  acres  in  each  tract  or  lot,  the 
names  of  the  owners  thereof,  if  known,  or  if  not,  then  stating  them  as  un- 
known, and  the  amount,  in  United  States  gold  coin,  to  be  charged  on  each  of 
said  forty-acre  tracts  or  lots,  which  amount  shall  be  ascertained  by  appor- 
tioning the  whole  cost  of  the  work  of  reclamation,  according  to  the  benefits 
which  each  of  said  tracts  or  lots  has  received  or  may  receive  from  such  work. 
The  said  lists  shall  be  signed  by  the  commissioners  and  filed  in  the  office  of  the 
county  clerk.  In  case  the  district  be  situated  in  more  than  one  county, 
separate  lists  shall  be  made  of  the  tracts  or  lots  situated  in  each  of  said  coun- 
ties, designating  on  the  list  the  county  for  which  it  is  made,  and  be  filed  in  the 
office  of  the  county  clerk  of  the  respective  counties.  On  the  filing  of  said 
lists,  the  county  judge  shall  make  an  order  fixing  a  day  for  the  hearing  of 
objections  thereto,  which  shall  not  be  less  than  thirty  days  from  the  date  of 
the  filing  of  said  lists  in  the  county  clerk's  office,  and  the  clerk  shall  publish 


RECLAMATION  DISTRICTS— FUNDING  INDEBTEDNESS— ANNUAL   ESTIMATE.      1125 

said  order  in  a  newspaper  published  or  of  general  circulation  in  the  county, 
for  three  weeks  preceding  the  day  of  hearing.  At  such  hearing,  upon  good 
cause  shown,  the  said  judge  may  alter  any  or  all  of  the  assessments  charged 
on  the  lands  in  said  lists,  and  his  decision  shall  be  final.  The  county  clerk 
shall  enter  on  the  list  any  alterations  so  made  by  the  order  of  the  county  judge, 
and  shall  thereupon  deliver  the  same  to  the  county  auditor,  who  shall  make  a 
copy  of  said  lists  as  revised  by  the  county  judge,  and  transmit  the  same  to  the 
reclamation  fund  commissioners.  And  be  it  further  enacted,  that  no  lands 
shall  be  included  wdthout  the  consent  of  the  owner,  in  any  reclamation  dis- 
trict, or  subject  to  the  conditions  of  this  act,  except  lands  that  are  actually 
bona  fide  swamp  and  overflowed  and  unfit  for  cultivation  without  such 
reclamation,  as  was  contemplated  by  and  expressed  in  the  act  of  Congress  of 
twenty-eighth  of  September,  eighteen  hundred  and  fifty,  granting  swamp  and 
overflowed  lands  to  the  several  states.  And  be  it  further  enacted,  that  after 
the  final  location  of  the  levees  in  any  district,  the  assessment  commissioners, 
appointed  in  accordance  with  section  eleven  of  the  act  to  which  this  is  amenda- 
tory and  supplemental,  shall  meet  and  correct  the  assessment  list,  and  they 
shall  strike  from  the  assessment  lists  all  tracts  or  lots,  or  parts  of  tracts  or 
lots  of  land  that  are  outside  of  said  levees.  Also,  all  lands  in  said  district 
which  have  been  patented  by  the  United  States  to  homestead  and  pre-emption 
settlers,  and  which  have  never  been  and  are  not  now^  subject  to  overflow,  and 
are  in  no  way  benefited  by  any  reclamation,  as  proposed  in  said  district.  And 
the  tracts,  or  parts  of  tracts,  or  lots,  so  stricken  from  said  lists,  shall  be  in 
nowase  responsible  for  the  costs  of  reclamation  of  the  said  district.  Nor  shall 
any  proceeding  to  collect  or  enforce  the  collection  of  any  assessment  or  charge 
thereon  be  valid  or  efi:'ective,  for  any  purpose  whatever.  Nor  shall  any  officer 
be  empowered,  in  any  manner,  to  enforce  the  collection  of  any  charges  or 
assessments  thereon,  and  should  any  officer  proceed  to  enforce,  in  any  manner, 
any  of  the  provisions  of  this  act,  as  to  the  lands  situated  outside  of  said  levees, 
his  or  their  acts  shall  be  wholly  void,  and  shall  not  create  any  cloud  on  the 
title  to  the  said  lands  outside  of  said  levee.  But  said  lands  may  be  included 
in  other  reclamation  or  levee  districts, '  the  same  as  if  they  had  not  been 
included  in  the  one  from  which  they  were  stricken;  provided,  however,  that 
nothing  in  this  act  contained,  shall  be  deemed  to  exclude  from  its  operation 
land  derived  from  the  Mexican  government,  if  actually  swamp  and  overflowed 
land.     [Amendment,  Stats.  1873-4,  237.] 

§  15.  The  reclamation  fund  commissioners  shall,  on  the  first  IMonday  of 
March,  and  every  year  thereafter  until  the  said  bonds  are  all  paid,  estimate  the 
rate  of  assessment  which  it  shall  be  necessary  to  levy  on  the  aggregate  of  amounts 
charged  on  the  tracts  or  lots  described  in  the  said  list  or  lists,  in  order  to 
raise  the  amount  sufficient  to  pay  the  interest  that  is  due  or  to  become  due  in 
the  ensuing  year,  and  such  parts  of  the  principal  of  the  said  bonds  as  is  here- 
inafter provided;  and  they  shall  transmit  a  certificate  to  the  auditor  or 
auditors  of  the  counties  in  which  the  district  is  situated,  stating  the  rate  of 
assessment  to  be  levied  upon  the  amount  charged  on  each  tract  or  lot  described 
in  the  list  filed  in  his  office,  and  directing  him  to  prepare,  within  ninety  days, 
a  copy  of  said  lists,  and  to  enter  thereon,  opposite  to  each  tract  or  lot  therein 
described,  the  amount  of  assessment  to  be  collected  from  the  owner  or  claimant 


use        RECLAMATION   DISTRICTS— FU3VDING  INDEBTEDNESS — ANNUAL   RATE. 

of  each  of  said  tracts  or  lots  at  the  rate  indicated;  provided,  the  auditor  of 
Sutter  County  shall  have  sixty  days  after  the  passage  of  this  act  to  prepare  a 
copy  of  the  lists  for  levee  district  number  five,  and  to  enter  the  amount  of 
assessments  levied  for  the  district  by  the  reclamation  fund  commissioners  on 
the  first  Monday  of  March,  eighteen  hundred  and  seventy-five,  and  shall,  with- 
in the  said  sixty  days,  sign  the  same  and  file  it  in  the  office  of  the  county 
treasurer,  who  shall  note  on  said  lists  the  date  of  filing;  and  the  assessment 
shall  thereafter  be  due  and  payable,  and  shall  be  collected,  in  the  same  manner 
as  though  the  lists  had  been  filed  with  the  county  treasurer  at  the  proper  time 
in  eighteen  hundred  and  seventy-five ;  provided,  that  nothing  in  this  act  shall 
be  so  construed  as  to  legalize  any  assessment  or  delinquent  assessment  hereto- 
fore made  in  district  number  five,  Sutter  County,  nor  in  any  reclamation  or 
levee  district  in  any  county  in  this  state,  nor  shall  this  act  be  so  construed 
as  to  legalize  any  order  of  the  board  of  supervisors,  or  board  of  funding  com- 
missioners, or  any  act  of  the  assessment  commissioners  in  district  number  five, 
Sutter  County,  nor  in  any  district  in  this  state.  [Amendment,  Stats.  1875-6, 
888.] 

[The  amendatory  act  of  1875-6  also  contained  the  following  section:  "§2. 
Coupons  shall  be  received  by  the  county  treasurer  in  payment  for  the  assess- 
ments levied  to  pay  the  interest  on  outstanding  bonds,  provided  said  coupons 
shall  be  due  or  become  due  within  the  fiscal  year  for  which  the  assessment 
was  levied;  and  in  case  assessments  are  paid  in  coupons,  the  county  treasurer 
shall  turn  them  over  to  the  state  treasurer,  who  shall  cancel  them  in  the  same 
manner  as  if  he  had  redeemed  them."] 

§  16.  The  rate  to  be  estimated  by  the  reclamation  fund  commissioners  shall 
be  such  as  for  the  first  ten  years  from  the  date  of  the  bonds,  shall  be  sufficient 
to  raise  the  annual  interest  on  the  outstanding  bonds  (allowance  being  made 
for  cost  of  collection),  and  the  rate  shall  be  such,  for  the  ensuing  ten  years,  as 
shall  be  sufficient  to  raise  the  annual  interest,  and  the  following  percentage 
of  the  principal  of  the  whole  amount  of  bonds  issued  or  outstanding,  to  wit: 
for  the  eleventh  year,  five  per  centum ;  for  the  twelfth  year,  six  per  centum ; 
for  the  thirteenth  year,  seven  per  centum ;  for  the  fourteenth  year,  eight  per 
centum ;  for  the  fifteenth  year,  nine  per  centum ;  for  the  sixteenth  year,  ten 
per  centum;  for  the  seventeenth  year,  eleven  per  centum;  for  the  eighteenth 
year,  thirteen  per  centum ;  for  the  nineteenth  year,  fifteen  per  centum ;  and 
for  the  twentieth  year,  sixteen  per  centum.     [Amendment,  Stats.  1873-4,  585.] 

§  17.  The  county  auditor,  after  making  the  entries  on  the  copy  of  the  assess- 
ment list,  as  hereinbefore  provided,  shall  sign  the  same  and  file  it  in  the  office 
of  the  treasurer  of  the  county,  who  shall  note  on  said  list  the  date  of  filing,  and 
the  assessment  shall  thereupon  be  due  and  payable,  and  become  a  lien  on 
each  and  every  tract  and  lot  described  in  the  said  list. 

§  18.  The  said  county  treasurer  shall  thereupon  give  notice  by  publication 
in  a  newspaper  published  or  of  general  circulation  in  the  county  that  the  assess- 
ment list  of  reclamation  district  number (designating  its  proper  num- 
ber) has  been  filed  in  his  office,  and  the  date  of  the  filing;  that  the  amounts 
entered  thereon  are  due  and  payable;  that  if  not  paid  on  or  before  the  first 
Monday  of  September  ensuing  the  same  will  become  delinquent  and  be  returned 
to  the  tax  collector  of  the  county  for  collection.     He  shall  note  on  the  list  all 


RECLAMATION  DISTRICTS— FUNDING  INDEDTEDNESS— SURPLUS  FUND.        1127 

assessments  paid,  and  if  at  such  time  all  the  assessments  have  not  been  paid,  he 
shall  return  the  list  to  the  tax  collector  of  the  county,  who  shall  proceed  to  col- 
lect such  delinquent  assessments,  with  five  per  centum  thereon,  and  pay  over 
the  same  to  the  count}'  treasurer  in  the  same  manner  as  state  and  county  taxes 
are  collected  and  paid. 

§  19.  The  assessments  so  collected  shall  be  paid  to  the  state  treasurer  on 
or  before  the  twentieth  day  of  December,  in  each  and  every  year,  in  the  same 
manner  that  state  taxes  are  paid;  and  he  shall  place  the  mone}'  to  the  credit 
of  a  fund,  to  be  known  as  the  interest  and  sinking  fund  of  reclamation  district 

number (its  number  being  designated)  ;  and  he  is  hereby  authorized  and 

directed  to  pay  the  principal  and  interest  of  said  bonds  of  that  district,  as  they 
become  due  and  payable,  out  of  such  fund,  which  is  hereby  pledged  for  that 
purpose.  In  case  any  surplus  remains  after  payment  of  coupons  and  the  re- 
demption of  all  outstanding  bonds,  the  same  shall  be  paid  to  the  treasurer  of 
the  county  in  which  the  district  was  formed,  and  shall  be  placed  to  the  credit 
of  that  district.     [Amendment,  Stats.  1873-4,  585.] 

§  20.  Whenever  there  shall  be  in  the  interest  and  sinking  fund  of  any  dis- 
trict a  surplus  of  three  thousand  dollars  or  more  over  and  above  the  interest 
to  be  paid  in  that  year,  the  reclamation  fund  commissioners  shall  give  notice 
for  thirty  days  in  one  or  more  newspapers  published  or  of  general  circulation 
in  the  county  or  counties  in  which  the  district  is  situated,  and  in  a  newspaper 
of  general  circulation  in  the  state,  stating  the  amount  of  such  surplus,  and 
that  on  a  day  and  hour  to  be  named  therein  sealed  proposals  will  be  received  at 
his  office  for  the  surrender  of  bonds  of  said  district  (designating  its  number). 
At  that  time  the  said  reclamation  fund  commissioners,  or  a  majority  of  them, 
shall  open  the  proposals  and  accept  the  lowest  bids  at  a  rate  not  exceeding 
par  and  accrued  interest ;  provided,  that  they  may  reject  any  or  all  proposals 
and  give  another  similar  notice ;  provided,  also,  that  if  proposals  are  not  offered 
at  par  or  less  sufficient  to  exhaust  the  amount  on  hand  applicable  to  redemp- 
tion, the  reclamation  fund  commissioners  shall  publish  for  thirty  days  a  notice 
in  a  daily  newspaper  published  in  the  city  of  Sacramento  and  another  in  San 
Francisco  having  general  circulation  in  the  state,  that  they  will  redeem  bond 
or  bonds  of  the  reclamation  district  (designating  its  number),  commencing 
with  the  highest  numbers  and  giving  the  amounts,  and  that  at  the  expiration 
of  ninety  days  from  the  date  of  the  notice  if  said  bonds  are  not  presented  for 
redemption  the  interest  thereon  will  cease.  From  and  after  that  time  no  in- 
terest shall  be  allowed  on  such  bonds. 

§  21.  Whenever  any  bond  or  coupon  is  paid,  the  state  treasurer  shall  write 
or  stamp  the  word  "Canceled"  and  date  of  payment  on  its  face,  and  sign  his 
name  thereto.     [Amendment,  Stats.  1873-4,  585.] 

[The  amendatory  act  of  1873-4  also  contained  the  following  seven  sections:] 

[§  21a.]  §  7.  When  the  owner  of  any  tract  of  land  in  any  reclamation  or 
levee  district  desires  to  pay  the  amount  due  from  said  tract  of  land  for  the 
payment  of  outstanding  bonds  of  the  district,  he  may  do  so,  either  by  paying 
the  amount  in  United  States  gold  coin,  or  he  may  surrender  bonds  of  the  dis- 
trict at  par  value,  with  the  unpaid  coupons  attached,  equal  to  the  amount  of 
the  indebtedness  of  said  tract  to  reclamation  fund  commissioners.  In  ascer- 
taining the  amount  due  from  said  tract,  the  commissioners  shall  compute  the 


1128        RECLAMATION   DISTRICTS— FUNDING    INDEBTEDNESS— LEVYING   TAX. 

interest  thereon  to  the  next  succeeding  July  or  January  first,  as  the  case  may 
be;  and  in  ease  payment  is  made  by  surrender  of  bonds,  the  coupons  due  the 
next  succeeding  July  or  January  first,  shall  be  received  in  payment  at  par. 

[§  21b.]  §  8.  Upon  the  payment  of  any  money,  as  provided  by  the  fore- 
going section,  the  commissioners  shall  pay  the  same  to  the  state  treasurer,  to 
be  by  him  placed  to  the  credit  of  the  interest  and  sinking  fund  of  said  district, 
to  be  used  exclusively  for  the  redemption  of  bonds,  in  the  same  manner  as 
provided  for  in  other  cases;  in  case  bonds  are  surrendered,  then  the  commis- 
sioners shall  turn  them  over  to  the  state  treasurer,  who  shall  cancel  them  in 
the  same  manner  as  in  case  of  redemption. 

f§  21c.]  §  9.  The  reclamation  fund  commissioners  shall  notify  the  auditor 
of  the  county  in  which  said  district  is  located,  that  payment  has  been  made 
upon  certain  tract  or  tracts  of  land,  describing  each  forty-acre  tract,  and  he 
shall  thereupon  strike  such  tract  or  tracts  of  land  from  the  assessment  list  of 
said  district,  after  which  said  land  shall  be  in  nowise  responsible  for  the 
payment  of  the  then  outstanding  bonds  of  said  district,  or  the  interest 
thereon. 

[§  21d.]  §  10.  The  reclamation  fund  commissioners,  created  by  the  act  to 
which  this  act  is  amendatory  and  supplemental,  are  hereby  required  to  turn 
over  all  books,  papers,  blanks,  etc.,  to  the  commissioners  created  by  this  act, 
and  pay  to  the  state  treasurer  all  moneys  remaining  in  their  hands ;  the  money 
so  paid  shall  be  placed  by  him  to  the  credit  of  the  interest  and  sinking  fund 
of  levee  district  number  five,  Sutter  County. 

[§  21e.]  §  11.  The  board  of  supervisors,  acting  as  a  board  of  reclamation 
fund  commissioners,  shall,  within  six  months  from  the  passage  of  this  act,  esti- 
mate the  rate  of  assessment  which  it  will  be  necessary  to  levy  on  the  tracts 
and  lots  within  the  said  district  number  five,  and  to  pay  all  the  unpaid  in- 
debtedness of  the  board  of  commissioners  acting  as  such,  under  the  act  to 
which  this  is  supplementary;  and  they  shall  levy  a  tax  upon  all  of  said  land 
and  lots  to  pay  said  indebtedness,  and  the  said  assessment  shall  be  a  lien  upon 
said  lands  and  lots,  the  same  as  all  other  assessments  under  this  act  and  the 
act  to  which  this  is  supplementary;  and  all  the  provisions  of  said  act,  in  regard 
to  the  collection  of  assessments,  are  hereby  made  applicable  to  the  assessments 
in  this  section  provided,  and  the  said  indebtedness  shall  be  paid  as  provided  in 
the  act  to  which  this  is  supplementary. 

[§  211]  §  12.  The  act  entitled  an  act  to  provide  for  funding  the  indebted- 
ness of  the  reclamation  and  levee  districts  of  the  state,  approved  March  thir- 
tieth, eighteen  hundred  and  seventy-two,  is  hereby  repealed,  except  in  so  far  as 
it  applies  to  levee  district  number  five,  in  Sutter  County ;  but  as  to  that  district 
it  shall  remain  in  force,  as  hereby  amended  and  supplemented. 

[§  21g.]  §  13.  Nothing  in  this  act,  or  in  the  act  of  which  it  is  amendatory, 
shall  be  construed  to  affect  or  cure  any  defects  in  or  validate  any  act  or  pro- 
ceeding in  the  formation  of  any  levee,  reclamation,  or  swamp-land  district. 

§  22.  The  county  treasurer  shall  be  entitled  to  receive  and  retain  one  half 
of  one  per  centum  out  of  the  moneys  received  by  him  for  assessments  paid  un- 
der the  provisions  of  this  act  in  each  district. 

§  23.     In  case  the  estimates  in  any  district  formed  or  to  be  formed  shall  be 


RECLAMATION   DISTKICTS— FUNDING   INDEBTEDNESS— OBJECTIONS   TO   LIST.      1120 

found  insufficient  to  meet  the  cost  of  the  works  of  reclamation  therein,  or 
repairs  to  such  works  from  time  to  time  required,  a  further  amount  of  bonds 
of  said  district  may  be  issued  on  additional  estimates  to  be  reported  to  the 
board  of  supervisors  of  the  county  by  whom  the  formation  of  the  said  district 
was  approved,  for  the  amount  of  such  estimates,  and  the  same  proceedings 
shall  be  had  in  reference  to  the  issue  of  such  bonds,  the  levy  and  collection 
of  assessments  for  the  payment  of  the  principal  and  interest,  the  amount  re- 
quired to  pay  said  compensation  and  expenses  thereof,  and  the  application  of 
the  moneys  arising  therefrom,  as  are  hereinbefore  provided;  provided,  that 
the  assessment  to  raise  moneys  for  the  payment  of  the  principal  and  interest 
of  such  bonds  shall  always  be  levied  on  the  basis  fixed  in  the  assessment  list 
provided  for  in  section  fourteen  of  this  act;  and  that  the  aggregate  of  all 
bonds  issued  under  this  act  shall  not  exceed  the  actual  cost  of  reclamation,  nor 
in  any  event  exceed  six  dollars  per  acre,  except  that  in  district  forty-one  and 
Twitchell  Island  district,  and  Grand  Island  district,  bonds  may  be  issued  not 
to  exceed  fifteen  dollars  per  acre ;  and  in  Sherman  Island  district  not  to  exceed 
twenty-five  dollars  per  acre;  provided,  also,  that  when  the  determination  in 
any  district  has  been  in  favor  of  the  issue  of  bonds,  the  question  of  any 
further  issue  shall  again  be  submitted  to  the  landowners;  provided,  that  the 
provisions  of  this  act  shall  not  apply  to  any  lands  in  the  counties  of  Siskiyou, 
Lassen,  Plumas,  and  Shasta. 

§  24.  Nothing  in  this  act  shall  be  so  construed  as  to  make  the  state,  or  any 
county  in  this  state,  liable  for  the  payment  of  the  principal  or  interest  of  any 
bond  issued  in  pursuance  of  this  act. 

§  25.  If  at  the  time  fixed  by  the  county  judge  provided  for  in  section  four- 
teen of  this  act  for  hearing  objections  to  the  assessment  lists,  the  owner  or 
owners  of  any  portion  of  land  included  in  the  district  shall  give  notice  in  writ- 
ing that  he  prefers  to  pay  money  for  the  assessment  made  upon  his  said  land, 
or  that  he  does  not  desire  to  have  the  assessments  already  paid  upon  his  land 
funded  under  the  provisions  of  this  act,  the  land  owned  by  him  shall  be  exempt 
from  the  provisions  of  this  act,  and  shall  not  be  subject  to  any  liability  or  lien 
by  reason  of  any  proceedings  under  this  act;  provided,  he  shall  pay  to  the 
county  treasurer  the  amount  found  due  from  said  tract  oi  land  as  ascertained 
by  the  assessment  commissioners  and  corrected  by  the  county  judge,  in  instal- 
ments, as  the  work  of  reclamation  progresses,  as  required  by  the  trustees  of 
the  district.  In  case  he  fails  to  pay  said  assessments  or  any  portion  thereof 
within  thirty  days  after  receipt  of  notice  that  said  instalment  is  due,  then  the 
trustees  shall  file  a  list  of  such  delinquent  assessment  with  the  county  tax  col- 
lector, who  shall  proceed  to  collect  said  assessment  in  the  same  manner  as 
state  and  county  taxes  are  collected,  and  pay  the  same  over  to  the  county 
treasurer. 

§  26.  Reclamation  district  number  two,  in  Sacramento  County,  and  levee 
districts  numbers  one,  two,  three,  and  six,  in  Sutter  County,  are  exempt 
from  the  provisions  of  this  act. 

§  27.     This  act  shall  take  effect  from  and  after  its  passage. 

See    tit.    Levee    and    Protection    Districts,  It    is    held    that   the    Act    of   186S.    507.    ch. 

Stats.    1897,    424,    ch.    CCLXVI.  CCCCXV,    relating   to    the   disposal   of   state 

See,   generally,   tits.   Land.s — Public;  Levee  lands,  repealed  all  former  acts  on  the  same 

DlstrlctM;  Protection  DLstricts.  subject. — Kings    County   vs.    Tulare   County, 


1130  RECLAMATION    DISTRICT    SEVENTY— CONTROL    AND    MANAGEMENT. 

119   Cal.    509-512,    51    Pac.   Rep.    866;   People  Legalizing     acts     of     Reclamation     District 

ex    rel.    Thisby    vs.    Reclamation    Dist.,    130  108,    Yolo    County,    1871-2,    776;    relating    to 

Cal.    607-610,    63   Pac.    Rep.    27.  interest  on   warrants,   same   district,    1871-2, 

Part   II   of   Act   of   1868   contained    provi-  696  (repealed,  1903,  53) ;  Moj-mon  Slough  Dis- 

sions    for    forming   and    managing    reclama-  trict,      San     Joaquin     County,      1871-2,     709; 

tion   districts   for   swamp-lands,   and   it   was  Swamp-Land    Dist.    No.    70,    Sutter    County, 

held,   in   Reclamation   Dist.   vs.   Goldman,    61  1871-2,    719;   reorganizing  same,   1877-8,   580; 

Cal.    205,    that    the    Political    Code    had    not  amending    last    act,    1891,    62.      Relating    to 

repealed    that    portion    of    that    act,    in    the  creation    of    districts    in    Solano    and    Yolo 

matter  of  assessments  or  taxes,  citing  subd.  Counties,    1873-4,    602;    district    124,    Colusa 

25,    §19,   Pol.    Code.  County,  1873-4,  957;  relating  to  assessments. 

That  statute,  however,  has  now  been  car-  Sacramento    County,    1873-4,    885    (was    held 

ried    into    the    Political    Code. — Laguna    D.  superseded    by    County    Government    Act    of 

Dist.  vs.  Chas.  Martin  Co.,  144  Cal.  209,   211,  1S97,  in  Lynch  vs.  Butte  County,  102  Cal.  446, 

77  Pac.  Rep.   933;   San  Francisco  Sav.  Union  36  Pac.  Rep.  806). 

vs.    Reclamation  Dist.,    144   Cal.    639,    644,    79  The  statute  gave  compensation  to  district 

Pac.   Rep.    374.  attorneys    for    collecting. — Legalizing,     etc.. 

The  Act  of  1885,  77,  ch.  CII,  provides  that  districts     209,      223,     San     Joaquin     County, 

all  reclamation  districts  then  legally  exist-  1875-6,    281;   relating   to   district    205,    Sacra- 

ing,     and    which     were     formed    under     the  mento    County,    1877-8,    911    (repealed,    1880, 

provisions  of  any  statute  of  this  state  prior  25);      creating      district      317,      Sacramento 

to    the    first    day    of    January,     1873,     shall  County,    1877-8,    562;    creating    district    252, 

thenceforth   be   subject  to   the  provisions   of  Sacramento     County,     1877-8,     531;     creating 

the   Political    Code,    relating  to    reclamation  district  254,  Sacramento  County,  1877-8,  909; 

districts,  the  same  as  though  such  districts  district    No.    54,    in    same    county,    legalized, 

had  been  organized  thereunder,   except  that  1877-8,    230.      Union    Island    districts    1    and 

assessment  proceedings  already  commenced,  ,2.   San   Joaquin  County,   were   created,  1903, 

or  acts  performed,  or  indebtedness  incurred,  37. 

prior   to   said   date,   were   unaffected   by   the  Stats.  1871-2,835;  1873-4, 585.— Pennington 

act.  vs.   Baehr,   48  Cal.   565.  566.     §14 — Hagar  vs. 

The  following  special  legrislatlon  is  noted:  Supervrs.  Yolo,  47  Cal.   222,  233. 

RECLAMATION  DISTRICT  NO.  70. 

To  create  a  reclamation  district,  to  be  called  ''Reclamation  District  Number 
Seventy,"  and  providing  for  the  control  and  management  thereof. 

(Stats.  1905,  717,  ch.  DLII.) 

§  1.  A  reclamation  district  is  hereby  created  to  be  called  "Reclamation 
District  Number  Seventy,"  and  the  boundaries  of  said  reclamation  district 
shall  be  as  follows :  Beginning  at  a  point  where  Butte  Slough  intersects  the 
Sacramento  River,  in  township  sixteen  north,  range  one  west,  and  running 
thence  easterly  along  the  southerly  and  westerly  bank  of  said  Butte  Slough 
to  where  the  same  intersects  the  north  line  of  section  twenty-six,  township 
fifteen  north,  range  one  east,  Mount  Diablo  base  and  meridian.  Thence  south- 
easterly in  a  direct  line  to  the  northeast  corner  of  the  southeast  quarter  of  sec- 
tion thirty-five,  township  fifteen  north,  range  one  east;  thence  southerly,  fol- 
lowing the  section  line  to  the  southeast  corner  of  the  northeast  quarter  of 
section  fourteen,  township  fourteen  north,  range  one  east ;  thence  west  to  the 
Sacramento  River;  thence  northerly,  following  the  meanderings  of  the  easterly 
bank  of  said  river,  to  the  place  of  beginning. 

§  2.  The  management  and  control  of  said  reclamation  district  is  hereby 
made  subject  to  the  provisions  of  the  Political  Code  of  the  state  of  California, 
and  other  laws  of  this  state,  relative  to  reclamation  districts  formed  under  the 
provisions  of  said  Political  Code. 

§  3.  All  acts,  and  parts  of  acts,  inconsistent  with  the  provisions  of  this  act, 
are  hereby  repealed. 


RECORDERS— RECORDS    OF    FORMER    COURTS— TRANSFER.  1131 

RECORDER— COUNTY. 

To  provide  for  recorders  aud  auditors  in  certain  counties  in  this  state,  and  to 
legalize  the  acts  of  certain  oftieers. 
(Stats.  1863-4,  187,  ch.  CLXXXVII.) 

§  1.  In  all  the  counties  of  this  state  where  recorders  and  auditors  have  not 
been  elected  according  to  the  provisions  of  an  act  entitled  an  act  concerning 
offices,  approved  April  twenty-second,  eighteen  hundred  and  sixty-three,  the 
county  clerks  of  each  of  such  counties  shall  be  ex  officio  recorders  and  auditors, 
and  all  the  acts  heretofore  performed  by  the  county  clerks  of  such  counties  as 
recorders  and  auditors  are  hereby  legalized  and  declared  valid;  provided, 
nothing  in  this  act  shall  apply  to  the  counties  of  San  Francisco,  Del  Norte,  and 
Sacramento,  nor  shall  those  provisions  of  it  which  enact  that  the  county  clerk 
or  recorder  shall  be  ex  officio  auditor,  or  which  legalize  and  confirm  any  acts 
as  such  auditor  done  or  performed  since  the  sixth  day  of  February,  eighteen 
hundred  and  sixty-four,  apply  to  the  county  of  San  INIateo. 

§  2,     This  act  shall  take  effect  from  and  after  its  passage. 

RECORDS— COURTS,  FORMER. 

To  transfer  the  records,  papers,  and  business  of  the  courts  existing  on  the 
thirty-first  day  of  December,  eighteen  hundred  and  seventy-nine,  in  this 
state,  to  the  courts  now  existing  therein. 

(Stats.  1880,  2,  ch.  IV.) 

§  1.  The  supreme  court  shall,  for  all  purposes,  be  considered  the  successor 
of  the  court  of  the  same  name  which  was  abolished  on  the  first  day  of  January, 
eighteen  hundred  and  eighty,  and  to  have  succeeded  to  all  its  unfinished  busi- 
ness. It  shall  have  jurisdiction  of,  and  shall  hear  and  determine,  or  otherwise 
dispose  of,  all  causes,  proceedings,  appeals,  motions,  and  matters  pending  on 
said  day  in  the  court  superseded  by  it;  and  also,  of  all  appeals  taken  to  such 
court,  before  or  after  said  day,  from  judgments  or  orders  of  any  of  the  inferior 
courts  abolished  by  the  constitution.  From  and  after  the  first  day  of  January, 
eighteen  hundred  and  eighty,  the  supreme  court  shall  have  the  custody  of  all 
records,  books,  and  papers  of  the  former  supreme  court,  and  the  same  jurisdic- 
tion over  its  judgments,  orders  and  proceedings  as  if  they  had  in  the  first 
instance  been  rendered,  made,  or  commenced  in  the  present  court.  All  laws 
relating  to  the  former  court  shall,  as  far  as  applicable,  be  considered  as  apply- 
ing to  the  present  court.  All  rules  of  the  former  court  which  were  in  force 
on  the  first  day  of  January,  eighteen  hundred  and  eighty,  and  not  inconsistent 
with  the  constitution,  shall  continue  in  force  as  rules  of  the  present  court  until 
altered,  abolished,  or  superseded  by  the  order  of  the  court. 

§  2.  The  superior  court  of  each  county  in  this  state  shall,  for  all  purposes, 
be  considered  the  successor  of  the  district,  county,  and  probate  courts  thereof, 
and,  in  the  city  and  county  of  San  Francisco,  of  the  municipal  criminal  court 
and  municipal  court  of  appeals,  and  shall  be  deemed  to  have  succeeded  to  all 
the  unfinished  business  of  said  courts.  The  superior  courts  shall  hear,  deter- 
mine or  otherwise  dispose  of,  all  causes  and  proceedings  which  were  pending 
on  the  first  day  of  January,  eighteen  hundred  and  eighty,  in  the  said  courts 
superseded  by  them,  and  every  motion  or  proceeding  then  pending  or  there- 


1133  RECORDS   OF  FORMER   COURTS— TRANSFER— RED   BLUFF  TOWN. 

after  made  or  taken  in  such  causes  and  proceedings,  and  of  which  said  courts 
would  have  had  jurisdiction  had  they  not  been  abolished ;  and  also,  all  appeals 
taken  or  perfected,  before  or  after  said  day,  from  all  orders  or  judgments  of 
justices'  and  police  courts  which  by  law  are  declared  to  be  appealable.  From 
and  after  the  first  day  of  January,  eighteen  hundred  and  eighty,  the  superior 
courts  shall  have  the  custody  of  all  the  records,  books,  and  papers  of  the  said 
courts  superseded  by  them,  and  shall  have  jurisdiction  thereof,  and  of  the 
judgments,  orders,  and  process  of  said  courts;  and  shall  enforce  the  same  and 
issue  process  thereon  in  like  manner,  and  with  the  same  effect,  as  if  they  had 
in  the  first  instance  been  filed,  commenced,  rendered,  made,  or  issued  in  or  by 
the  superior  court.  The  superior  court  of  the  city  and  county  of  San  Fran- 
cisco shall  have  jurisdiction  of,  and  shall  try  and  dispose  of,  all  indictments 
for  misdemeanor  pending  in  the  city  criminal  court  of  said  city  and  county,  on 
the  first  day  of  January,  eighteen  hundred  and  eighty ;  and  such  indictments, 
and  all  papers  and  records  relating  thereto,  shall  be  transferred  to  the  said 
superior  court  and  become  records  thereof.  Any  application,  motion,  or  pro- 
ceeding, set  by  the  district,  county,  or  probate  court  of  any  county,  or  by  the 
judge  thereof,  to  be  heard  by  such  court  or  judge  after  the  first  day  of  Jan- 
uary, eighteen  hundred  and  eighty,  may  be  heard  in  the  superior  court  of  such 
county,  upon  the  same  notice  that  was  required  to  authorize  the  hearing  there- 
of in  .such  district,  county,  or  probate  court,  or  by  the  judge  thereof.  Any 
process  issued  out  of  any  district,  county,  or  probate  court  of  this  state  before 
the  first  day  of  January,  eighteen  hundred  and  eighty,  may  be  served,  or  the 
service  thereof  completed,  after  said  day,  in  the  same  manner,  and  with  like 
effect,  as  if  such  courts  had  not  been  abolished;  provided,  that  such  process 
shall  be  returned  to  the  superior  court  of  the  county  in  which  it  was  issued, 
and  any  appearance  or  answer  required  by  such  process  shall  be  made  or  filed 
in  such  court. 

§  3.  All  prosecutions  which  were  transferred  or  certified  for  trial  to  the 
city  criminal  court  of  the  city  and  county  of  San  Francisco,  b}"  the  police  court 
thereof,  and  were  pending  or  undetermined  on  the  first  day  of  January,  eigh- 
teen hundred  and  eighty,  shall  be  tried  and  disposed  of  in  the  said  police 
court ;  and  all  the  papers,  pleadings,  and  records  relating  to  such  prosecutions, 
shall  be  transferred  to,  and  deposited  with,  said  police  court,  and  become  rec- 
ords and  papers  thereof. 

§  4.     This  act  shall  take  effect  immediately. 

Ex  parte  WiUiams,  87  Cal.  78,  83,  24  Pac.  Rep.  602;  Smith  vs.  HiU,  89  Cal.  122,  128, 
26  Pac.  Rep.   644. 

RED  BLUFF— TOWN  OF. 

An  act  amendatory  of  and  supplementary  to  an  act  entitled  an  act  to  author- 
ize the  county  judge  of  Tehama  County  to  distribute  town  lots,  held  by 
him  in  trust  for  the  citizens  of  the  town  of  Red  Bluff",  and  to  issue  certifi- 
cates of  title  to  the  inhabitants  of  said  town  in  accordance  with  their 
respective  interests,  approved  March  sixth,  eighteen  hundred  and  sixty- 
eight. 
(Stats.  1867-8,  107,  ch.  CXXIX;  amended  and  supplemented  1877-8,  602,  ch. 

CCCCXIV.) 
§  1.     All  lots  embraced  within  the  town  site  of  Red  Bluff,  now  remaining 


UED    BLUFF,    TOWN    OF — DISTRIBUTION    OF    LOTS,    CERTIFICATES.  1133 

undisposed  of  under  and  pursuant  to  the  provisions  of  an  act  entitled  "An  act 
to  authorize  the  eount}^  judge  of  Tehama  County  to  distribute  town  lots,  held 
by  him  in  trust  for  the  citizens  of  the  town  of  Red  Blutf,  and  to  issue  certifi- 
cate [s]  of  title  to  the  inhabitants  of  said  town  in  accordance  with  their  respective 
interests,"  approved  March  sixth,  eighteen  hundred  and  sixty-eight,  shall  be 
disposed  of  and  distributed  as  follow^s: 

§  2.  As  soon  as  practicable  after  the  act  takes  effect,  the  county  judge  of 
said  Tehama  County  shall  cause  notice  to  be  given  in  some  newsi)aper  pub- 
lished in  said  county,  in  at  least  three  successive  issues  thereof,  notifying  all 
persons  claiming  one  or  more  of  said  lots,  or  fractional  parts  thereof,  to 
present  their  respective  claims  thereto,  at  his  chambers,  wnthin  a  given  time, 
to  be  specified  in  said  notice,  not  less  than  thirty  nor  more  than  ninety  days, 
together  with  the  evidence  on  which  such  claim  is  based. 

§  3.  Claimants  shall  be  required  to  make  their  application  in  writing,  set- 
ting forth  the  facts  in  a  brief  and  concise  form,  showing  that  the  claimant 
is  in  the  possession,  or  entitled  to  the  possession,  of  the  premises  embraced 
in  his  application,  and  the  act  or  acts,  and  circumstances,  constituting  such 
possession  or  right  of  possession.  The  application  must  be  verified  by  the 
oath  of  the  claimant,  and  must  contain  sufficient  facts,  prima  facie,  to  prove 
that  the  applicant  is  in,  or  is  entitled  to,  the  possession  of  the  premises 
claimed, 

§  4.  In  any  case  where  a  certificate  of  title  heretofore  issued  by  the  county 
judge  of  said  county  to  any  portion  of  said  town  site  is  invalid  for  any  reason, 
the  holder  of  such  certificate,  his  grantee  or  successor,  may  make  application 
for  a  new  certificate  of  title  for  the  land  embraced  in  said  invalid  certificate, 
in  the  same  manner  and  subject  to  the  same  rules  and  conditions  as  prescribed 
for  other  applicants  by  this  act. 

§  5.  The  board  of  trustees  of  the  town  of  Red  Bluff  are  hereby  authorized 
and  directed  to  procure  and  cause  to  be  made  a  correct  survey  and  map  of 
the  survey  of  the  town  site  of  said  town,  according  to  the  description  in  the 
patent  from  the  United  States  to  the  county  judge,  which  said  map  shall  be 
filed  in  the  office  of  the  county  recorder  of  Tehama  County,  and  thereafter 
to  be  the  official  map  of  said  town  site. 

§6.  The  provisions  of  an  act  entitled  "An  act  to  authorize  the  county 
judge  of  Tehama  County  to  distribute  town  lots,  held  by  him  in  trust  for  the 
citizens  of  the  town  of  Red  Bluff',  and  to  issue  certificates  of  title  to  the 
inhabitants  of  said  town  according  to  their  respective  interests,"  approved 
March  sixth,  eighteen  hundred  and  sixty-eight,  not  in  conflict  with  the  pro- 
visions of  this  act,  shall  apply  to  the  disposition  of  the  lots  to  be  disposed  of 
and  distributed  under  this  act.  And  this  act  shall  in  no  wise  offset  any  suits 
which  have  been  heretofore  commenced,  and  are  now  pending,  to  settle  indi- 
vidual interests  or  right  of  possession  to  town  lots  in  said  town  of  Red  BlutT. 

§  7.  After  the  expiration  of  the  time  specified  in  the  notice  given  by  the 
county  judge,  provided  for  by  section  two  of  this  act,  the  lots  for  which  no 
valid  application  has  been  presented  to  said  county  judge  within  the  time 
specified  in  said  notice  shall  be  disposed  of  as  follows:  Any  party  or  parties 
desiring  to  obtain  title  to  one  or  more  thereof  shall  cause  to  be  published  in 
the  Sentinel,  a  newspaper  published  in  said  Tehama  County,  at  least  once  a 
week  for  two  successive  weeks,  a  notice  stating  that  such  party  or  parties 


1134  RED    BLUFF,   TOWN    OF — EXPENSE    OF    CERTIFICATES,   ETC. 

iutend  to  apply  to  the  said  county  judge  for  such  certificate  of  title.  Said 
notice  shall  contain  a  definite  description  of  the  premises  intended  to  be 
applied  for.  The  said  application  may  be  made  at  any  time  after  the  first 
publication  of  said  notice  and  previous  to  the  issuance  of  a  certificate,  and 
must  in  all  respects  conform  to  and  comply  with  the  provisions  of  section 
three  of  this  act.  If  within  sixty  daj^s  after  the  first  publication  of  said  notice, 
no  other  notice  and  application  has  been  given  and  made  by  any  other  party 
or  parties,  as  prescribed  in  this  section,  and  if  the  applicant  is  entitled  thereto, 
the  county  judge  shall,  upon  the  expiration  of  sixty  days,  issue  a  certificate 
of  said  title  to  said  applicant  for  the  premises  described  in  said  notice  and 
application.  If  within  sixty  days  after  the  first  publication  of  notice  of  the 
part}^  or  parties  who  first  give  notice  of  intention  as  aforesaid,  there  shall 
be  more  than  one  application  for  the  same  lot  or  lots,  which  notice  as  aforesaid 
has  been  given  on  the  expiration  of  said  sixty  days,  the  county  judge  shall 
issue  a  certificate  of  title  to  the  applicant  deemed  by  him  entitled  thereto, 
and  any  applicant  aggrieved  thereby  shall  proceed  according  to  the  provisions 
of  section  six  of  the  said  act  of  March  sixth,  eighteen  hundred  and  sixty-eight, 
and  sections  six  and  seven  of  said  last-named  act  shall  apply  to  such  pro- 
ceedings. 

§  8.  The  board  of  trustees  of  the  town  of  Red  Bluff  may,  in  their  discre- 
tion, and  to  the  extent  that  the  interest [s]  of  the  town  require  it,  designate  from 
any  of  the  lan^s  or  lots  which  have  not  been  previously  disposed  of  and  which 
are  not  occupied  and  claimed  in  good  faith  by  any  person,  and  set  forth  and 
dedicate  the  same  to  public  uses  in  such  mode  and  manner  as  the  said  board 
may  adopt;  and  upon  an  order  to  that  effect  being  made,  the  county  judge 
of  said  county  shall,  if  the  proceedings  upon  which  such  order  is  based  appear 
to  be  regular,  issue  a  certificate  to  that  effect,  and  file  the  same  with  the 
recorder  of  said  county,  and  said  recorder  shall  thereupon  record  it  in  the 
proper  record  of  deeds  of  conveyance  of  real  estate  for  said  county,  and 
thereafter  the  lands  and  lots  so  embraced  shall  be  deemed  to  be  forever  dedi- 
cated to  such  public  use. 

§  9.  Sections  eight,  nine,  ten,  eleven,  and  twelve  of  said  act  of  March  sixth, 
eighteen  hundred  and  sixty-eight,  are  hereby  repealed. 

§  10.  The  limitation  of  one  year  mentioned  in  section  six  of  an  act  to  auth- 
orize the  county  judge  of  Tehama  County  to  distribute  town  lots  held  by  him 
in  trust  for  the  citizens  of  the  town  of  Red  Bluff',  and  to  issue  certificates  of 
title  to  the  inhabitants  of  said  town  in  accordance  with  their  respective  inter- 
ests, approved  March  sixth,  eighteen  hundred  and  sixty-eight,  in  respect  to 
aggrieved  parties  bringing  suits  in  the  district  court  to  litigate  their  rights, 
shall  not  apply  to  minor  heirs  who  have  attained  their  majority  subsequent 
to  the  issuance  of  title  by  said  county  judge,  but  in  all  such  eases  parties 
may  bring  their  actions  within  five  years  after  such  minor  [heirs]  shall  have 
arrived  at  their  majority. 

§  11.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

RED   BLUFF— TOWN   OF, 

See  tit.  Municipal  Corporations, 


RIVGRSIDJE}    COUNTY— ORGANIZATION    AND    BOLNUARIES.  1135 

REDDING— TOWN    OF. 

See  tit.  Municipal  Corporations. 

REDWOOD    CITY. 

See  tit.  Municipal  Corporations. 

REMOVAL   FROM    OFFICE. 

See  tit.  Ojffice — Removal  From. 

RESTRAINING   ORDERS. 

See  tit.  Employers  and  Employees. 

REVENUE. 
See  tits.   Fees  and  Commissions;   Taxes. 

REWARDS. 

See  tit.  Governor. 

RIO   VISTA— TOWN   OF. 

To  change  the  name  of  the  town  of  Brazos  del  Rio,  in  the  county  of  Solano, 

to  Rio  Vista. 
(Stats.  1861,  12,  ch.  XIX.) 

§  1.  It  shall  be  lawful  for  the  town  heretofore  known  as  Brazos  del  Rio,  to 
be  known  as  the  town  of  Rio  Vista. 

RIO   VISTA— TOWN   OF. 

See  tit.  Municipal  Corporations. 

RIVERSIDE. 

See  tit.  Municipal  Corporations. 

RIVERSIDE— COUNTY. 

To  create  the  county  of  Riverside,  classify  it,  define  its  boundaries,  provide  for 
its  organization,  and  the  appointment,  election  of  officers,  the  location  of 
county  seat  by  election,  and  the  adjustment  and  fulfilment  of  certain 
rights  and  obligations  arising  between  such  county  and  certain  other 
counties.  (Stats.  1893,  158,  ch.  CXLII.) 

§  1.  There  is  hereby  formed,  subject  to  approval  by  a  vote,  as  in  this  act 
provided,  out  of  the  southwest  part  of  the  county  of  San  Bernardino,  and  the 
northern  part  of  San  Diego  County,  a  new  county,  to  be  known  as  the  county 
of  Riverside,  as  hereinafter  described,  which  shall  rank  as  a  county  of  the 
twenty-fourth  class  until  otherwise  classified. 

§  2.  The  boundaries  of  the  county  of  Riverside  shall  be  as  follows,  to  wit : 
Beginning  at  the  common  corner  of  the  counties  of  Orange  and  San  Bernar- 
dino and  the  westerly  line  of  San  Diego  County;  thence  southwesterly  along 
the  line  between  Orange  and  San  Diego  counties  to  the  point  of  intersection 
of  said  line  with  the  township  line  between  township  seven  south  and  town- 
ship eight  south,  San  Bernardino  base  and  meridian;  thence  easterly  ak)ng 
said  township  line  to  its  intersection  with  western  boundary  of  Santa  Rosa 
Rancho;  thence  southerly  along  the  boundary  of  said  rancho  to  where  said 


1136  RIVERSIDE    COUNTY — ORGANIZATION — BOARD    OP    COMMISSIONERS. 

boundary  of  said  rancho  intersects  the  range  line  between  the  townships  eight 
south,  three  west,  and  eight  south,  four  west;  thence  south  on  said  range  line 
to  the  point  of  intersection  of  the  said,  line  with  second  standard  parallel 
south;  thence  east  along  said  parallel  to  the  eastern  boundary  of  the  state  of 
California ;  thence  northerly  along  the  said  eastern  boundary  of  the  state  of 
California  to  the  northeast  corner  of  the  county  of  San  Diego ;  thence  west- 
erly along  the  northerly  line  of  San  Diego  County  to  a  point  where  the  line 
between  townships  one  and  two  south,  of  San  Bernardino  base  line,  intersects 
such  northerly  line  of  San  Diego  County;  thence  west  along  such  township 
line  to  the  northwest  corner  of  township  two  south,  of  range  one  east,  San 
Bernardino  base  and  meridian;  thence  south  two  miles  to  the  northeast  corner 
of  section  thirteen,  in  township  two  south,  of  range  one  west ;  thence  west  sev- 
enteen miles  to  the  southwest  corner  of  section  eight,  in  township  two  south,  of 
range  three  west;  thence  north  one  mile  to  the  northwest  corner  of  said  section 
eight ;  thence  west  eight  and  one  half  miles  to  the  quarter  corner  on  the  south 
line  of  section  two,  in  township  two  south,  of  range  five  west ;  thence  north 
one  mile  to  the  quarter  corner  on  the  north  line  of  said  section  two ;  thence 
west  ten  and  one  half  miles  to  the  northwest  corner  of  section  six,  in  township 
two  south,  of  range  six  west;  thence  south  to  the  northern  boundary  of  the 
Jurupa  Rancho ;  thence  westerly  along  the  north  boundary  of  Jurupa  Rancho 
to  the  northwest  corner  of  said  rancho ;  thence  south  along  the  west  boundary 
of  Jurupa  Rancho  to  the  quarter  corner  on  the  west  line  of  section  ten,  in 
township  three  south,  of  range  seven  west;  thence  west  to  the  center  of  sec- 
tion seven,  in  township  three  south,  of  range  seven  west;  thence  south  to  the 
quarter  corner  on  the  south  line  of  section  nineteen,  in  township  three  south, 
of  range  seven  west ;  thence  west  to  the  intersection  with  the  eastern  boundary 
of  Ei  Caiion  de  Santa  Ana  Rancho;  thence  southerly  along  the  eastern  bound- 
ary of  said  rancho  to  intersection  with  the  boundary  line  between  Orange 
and  San  Bernardino  counties;  thence  southeasterly  along  the  southern  bound- 
ary of  San  Bernardino  County  to  the  place  of  beginning ;  all  of  said  townships 
and  ranges  being  from  San  Bernardino  base  and  meridian. 

§  3.     The  county  seat  of  the  county  of  Riverside  shall  be  located  as  herein- 
after provided. 

§  4.  The  governor  shall,  when  this  act  takes  effect,  appoint  five  persons, 
residents  and  electors  of  said  county  of  Riverside,  as  above  described,  who 
shall  be  and  constitute  a  board  of  commissioners  to  perfect  the  organization 
of  said  county,  a  majority  of  whom  shall  constitute  a  quorum.  Said  commis- 
sioners shall  meet  in  the  city  of  Riverside,  within  ten  days  after  their  appoint- 
ment, and  after  being  duly  sworn  to  faithfully  discharge  their  duties,  as  pre- 
scribed in  this  act,  shall  organize  by  electing  from  their  number  a  president 
and  secretary.  Said  commissioners  shall  have  power  to  fill  all  vacancies  in 
their  number  in  case  of  death,  resignation,  or  failure  to  qualify.  Said  com- 
missioners shall  then  divide  the  new  county  formed  under  this  act  into  a  con- 
venient number  of  judicial  townships,  road  and  school  districts,  define  their 
boundaries,  and  designate  the  name  of  each  district.  They  shall  also  divide 
the  county  into  five  supervisorial  districts,  to  contain,  as  nearly  as  practicable, 
an  equal  number  of  inhabitants,  and  number  said  districts.  They  [.shall]  also 
establish  election  precincts  in  said  county.  They  [shall]  also  give  thirty  days' 
notice  by  publication  in  one  or  more  newspapers  published  in  the  said  county,  of 


\ 


I 


riverside:   county— organization — ELECTION— OFFICERS    CHOSEN.        1137 

the  precincts  established,  and  shall  designate  the  name  and  boundaries  of  each 
precinct,  and  number  and  boundaries  of  each  supervisorial  district.  Said  com- 
missioners, their  president  and  secretary,  are  hereby  authorized  and  required 
to  discharge  the  same  duties  as  are  now  required  by  law  of  the  boards  of 
supervisors  and  county  clerks  in  the  several  counties  of  the  state,  so  far  as  the 
same  applies  to  the  appointment  of  election  officers,  publication  of  notices  and 
proclamations,  holding  elections,  canvassing  returns,  issuing  certificates,  and 
all  things  lawful  to  be  done  to  provide  for,  conduct,  and  carry  on  all  elections 
mentioned  in  this  act.  They  shall  keep  a  full  record  of  all  their  proceedings, 
transmitting  to  the  secretary  of  state  a  certified  copy  thereof,  filing  the  orig- 
inals, with  the  original  election  returusj  in  the  county  clerk's  office  of  the 
county  of  Kiverside,  as  soon  as  he  shall  have  been  qualified,  and  thereupon  the 
powers  and  duties  of  said  commissioners  shall  cease  and  terminate. 

§  5.  There  shall  be  an  election  held  in  said  county  of  Riverside  on  the  first 
Tuesday  in  May,  A.  D.  eighteen  hundred  and  ninety-three,  at  which  election 
shall  be  submitted  to  the  said  qualified  electors  of  said  county  of  Riverside, 
as  herein  described,  whether  there  shall  be  formed  and  organized  the  county 
of  Riverside,  as  herein  provided  for;  and  for  the  purpose  of  ascertaining  the 
choice  of  the  said  electors  of  said  county  under  the  provisions  of  this  act,  the 
ballots  used  at  said  election  shall  have  written  or  printed  thereon,  "The  new 
county  of  Riverside — Yes,"  and  "The  new  county  of  Riverside — No,"  and 
each  voter  desiring  to  vote  for  the  establishment  and  organization  of  said 
county  of  Riverside  shall  mark  a  cross  (thus,  X)  opposite  the  words  "The 
new  county  of  Riverside — Yes,"  in  the  manner  now  required  by  law,  and 
each  voter  desiring  to  vote  against  the  organization  of  said  county  shall  mark 
a  cross  (thus,  X)  opposite  the  words  "The  new  county  of  Riverside — No,"  in 
the  manner  now  required  by  law.  Said  election  shall  be  conducted,  said 
tickets  printed,  prepared,  and  the  votes  counted  in  every  respect,  except  as  in 
this  act  otherwise  provided,  in  accordance  with  the  general  law  for  the  elec- 
tion of  state,  county,  and  township  officers.  If  at  said  election  two  thirds  of 
the  votes  cast  on  the  question  of  the  organization  of  said  county  government 
shall  be  "The  new  county  of  Riverside — Yes,"  then  the  said  territory  herein- 
above described  shall  be  and  become  the  organized  county  of  Riverside,  from 
and  after  the  day  upon  which  the  returns  of  said  election  shall  be  ascertained 
and  declared  by  the  said  board  of  commissioners. 

§  6.  At  the  election  provided  for  in  section  five  of  this  act  there  shall  be 
chosen  by  the  qualified  electors  of  said  county  of  Riverside,  one  judge  of  the 
superior  court  of  said  county,  whose  salary  shall  be  four  thousand  dollars  per 
annum,  paj'able  at  the  same  time  and  in  the  same  manner  as  salaries  of  the 
judges  of  the  superior  courts  of  the  several  counties  of  the  state  are  now  paid ; 
also  one  district  attorney,  one  county  clerk,  one  county  recorder,  one  auditor, 
one  sheriff:,  one  tax  collector,  one  county  treasurer,  one  county  assessor,  one 
county  superintendent  of  public  schools,  one  county  surveyor,  one  county 
coroner,  and  one  public  administrator.  There  shall  be  chosen  at  such  election 
one  supervisor  for  each  supervisorial  district  in  said  county;  provided,  that 
all  duly  elected  and  qualified  supervisors  of  the  counties  of  San  Diego  and  San 
Bernardino,  who,  at  the  taking  effect  of  this  act,  are  residents  of  tlio  county 
of  Riverside,  shall  hold  their  offices  for  the  full  term  for  which  they  were 

Gen.    Laws — 72 


113S  RIVERSIDE    COUNTY — ORGANIZATION — ELECTION    AND    ELECTORS. 

elected,  upon  having  duly  qualified  as  supervisors  of  the  county  of  Riverside, 
for  the  respective  districts  in  which  they  reside,  as  said  districts  are  organ- 
ized by  the  action  of  the  board  of  commissioners  provided  for  in  this  act. 
There  shall  be  chosen  at  said  election  two  justices  of  the  peace  and  two  con- 
stables for  each  of  said  townships ;  provided,  that  all  justices  of  the  peace  and 
constables,  acting  as  such  at  the  passage  of  this  act,  residents  of  the  county  of 
Riverside,  shall  hold  their  offices  for  the  full  term  for  which  they  were  elected 
or  appointed,  upon  having  qualified  as  justices  of  the  peace  or  constables  of 
the  county  of  Riverside  for  the  respective  townships  in  which  they  severally 
reside,  as  said  townships  are  organized  by  the  action  of  the  board  of  commis- 
sioners provided  for  in  this  act.  There  shall  be  chosen  at  said  election  three 
school  trustees  for  each  school  district;  provided,  that  all  school  trustees,  act- 
ing as  such  at  the  time  of  the  passage  of  this  act,  residents  of  the  county  of 
Riverside,  shall  hold  their  offices  for  the  time  for  which  they  were  elected, 
upon  having  duly  qualified  as  school  trustees  in  the  county  of  Riverside  for 
the  respective  districts  in  w^hich  they  severally  reside,  as  said  districts  are 
organized  by  the  action  of  the  board  of  commissioners  provided  for  in  this  act. 
All  the  officers  elected  at  said  election,  or  who  qualify  or  are  appointed  under 
the  provisions  of  this  act  shall  enter,  immediately  after  their  qualification, 
upon  the  discharge  of  the  duties  of  their  respective  offices ;  and  all  the  officers 
elected  at  said  election  or  appointed  under  this  act  shall  hold  their  offices 
until  the  time  provided  by  general  law  for  the  election  and  qualification  of 
such  officers  of  this  state,  and  until  their  successors  are  elected  and  qualified. 
At  said  election  there  shall  also  be  submitted  to  the  qualified  electors  the  ques- 
tion of  the  location  of  the  county  seat  for  the  said  county  of  Riverside;  and 
the  place,  town,  or  city  in  said  county  receiving  the  highest  number  of  votes 
for  county  seat  of  said  county  shall  be  declared  by  the  commissioners  to  be, 
and  the  same  shall  be,  the  county  seat  of  the  said  county  of  Riverside.  It 
shall  be  the  duty  of  the  said  commissioners  to  make  ample  provision,  in  the 
preparation  and  printing  of  the  ticket  to  be  used  at  said  election,  for  the  ex- 
pression of  said  electors  of  said  county  as  to  the  location  and  designation  of 
the  said  county  seat  for  said  county. 

§  7.  All  qualified  electors  of  this  state,  who  have  been  residents  and  electors 
of  said  territory  of  the  county  of  Riverside  for  ninety  days  preceding  the  elec- 
tion provided  for  in  this  act,  shall  be  qualified  to  vote  at  said  election.  The 
great  registers  of  San  Bernardino  and  San  Diego  counties,  used  at  the  general 
election  held  in  the  year  eighteen  hundred  and  ninety-two,  in  the  territory  of 
the  new  created  county  of  Riverside,  shall  be  prima  facie  evidence  of  the  quali- 
fications of  the  electors.  The  county  clerks  of  San  Bernardino  and  San  Diego 
counties  are  hereby  directed  to  furnish  the  commissioners  of  the  county  of 
Riverside  a  certificate,  under  seal,  showing  the  additional  names  of  voters  on 
the  great  registers  of  San  Bernardino  and  San  Diego  counties,  registered  as 
residing  within  the  territory  forming  the  county  of  Riverside  since  the  last 
great  registers  of  San  Bernardino  and  San  Diego  counties  were  printed,  and 
the  certificates  of  the  county  clerks  of  said  counties,  under  seal,  showing  the 
registration  of  any  qualified  voter  who  resides  in  the  territory  forming  the 
county  of  Riverside,  up  to  the  date  of  election,  shall  entitle  the  holder  thereof, 
if  otherwise  qualified  by  law,  to  vote  at  said  election. 

§  8.     It  shall  be  the  duty  of  the  board  of  supervisors  of  the  county  of  River- 


riyeksiue:  couivrv— organization— board  or  commissioners.        iiao 

side,  whose  election  is  by  this  act  provided  for,  to  meet  at  the  county  seat  of 
the  eoimty  of  Riverside  ou  the  tirst  oNlouday  of  the  mouth  subsequent  to  their 
election,  and,  having  duly  qualitied,  shall  organize  by  the  election  of  one  of 
their  number  as  chairman.     Said  board  shall  allow  such  remuneration  to  the 
commissioners,  and  oiiicers  acting  for  said  board  of  commissioners,  as  it  may 
think  just  and  proper,  not  exceeding  live  dollars  per  day  each;  provided, 
claims  are  presented  therefor  in  the  manner  now  required  by  law.     Said  board 
shall  appoint  two  freeholders,  residents  of  the  county  of  Riverside,  to  act  as 
commissioners,  Avliose  duty  it  shall  be  to  meet  at  the  city  of  San  Bernardino, 
California,  within  twenty  daj'^s  from  the  time  of  their  appointment,  a  like 
number  of  commissioners,  who  shall  be   appointed  by  the   board   of  super- 
visors of  San  Bernardino   County,   and  one   commissioner,   to   be   appointed 
by  the  governor  of  the  state  of  California.     Such  commissioners  shall  then 
jointly  organize  as  a  board  by  electing  from  their  number  a  chairman  and  sec- 
retary.    A  majority  of  said  commissioners  shall  constitute  a  quorum  of  said 
board   for  the  transaction  of  business.     Should   any  vacancy  occur  in   said 
board  of  commissioners  by  death,  resignation,  or  otherwise,  the  office  so  va- 
cated shall  be  filled  by  the  appointing  power  which  made  the  original  appoint- 
ment.    Any  of  said   commissioners   shall  have  the   power  to   compel,   by   a 
citation  or  subpoena  signed  by  him,  the  attendance  of  such  persons  and  the 
production  of  such  books  and  papers  before  said  board  of  commissioners  as  he 
may  require  in  performing  the  duties  imposed  by  this  act.     It  shall  be  the 
duty  of  the  sherifi:  of  the  counties  of  San  Bernardino  and  Riverside  to  execute, 
in  their  respective  counties,  all  lawful  orders  and  citations  of  any  of  said 
commissioners,  and  for  any  services  performed  the  sheriff  shall  be  allowed  the 
same  fees  as  are  allowed  for  like  services  in  civil  cases,  and  all  witnesses 
attending  before  said  board  of  commissioners  shall  be  entitled  to  the  same 
compensation  and  mileage  as  is  allowed  to  witnesses  in  civil  cases;  provided, 
that  no  witness  shall  be  excused  from  attendance  at  the  time  and  place  men- 
tioned in  said  order  or  citation  by  reason  of  the  failure  of  the  officer  making 
service  thereof  to  tender  to  said  witness  his  fee  in  advance.     Said  board  of 
commissioners  shall,  immediately  after  its  organization,  ascertain  the  indebted- 
ness of  San  Bernardino  County  existing  at  the  time  this  act  takes  effect,  and 
also  the  total  value  of  all  property  at  that  time  belonging  to  the  said  county 
of  San  Bernardino.     They  shall  ascertain  the  assessed  value  of  all  property 
in  San  Bernardino  County  as  it  stood  before  this  act  takes  effect  according  to 
the  assessment  made  for  San  Bernardino  County  in  the  year  eighteen  hundred 
and  ninety-two,  also  the  assessed  value  under  the  same  assessment  o'f  all  prop- 
erty in  the  territory  hereby  set  apart  from  San  Bernardino  County  and  em- 
braced in  the  county  of  Riverside.     They  shall  then  find  the  difference  between 
the  amount  of  indebtedness  of  San  Bernardino  County  and  the  va^ue  of  the 
property  belonging  to  San  Bernardino  County  at  the  time  this  act  takes  effect, 
and  if  such  indebtedness  exceeds  the  value  of  such  property  belonging  to  San 
Bernardino  County,  the  county  of  Riverside  shall  pay  San  Bernardino  County 
a  due  proportion  thereof,  to  be  determined  as  follows :     As  said  assessed  value 
of  the  property  in  San  Bernardino  County  is  to  the  said  assessed  value  of  the 
property  in  the  territory  by  this  act  set  apart  from  San  Bernardino  County, 
so  is  the  amount  of  said  excess  to  the  amount  to  be  paid  by  the  county  of 
Riverside  to  San  Bernardino  County.     Said  board  of  commissioners  shall  then 


1140        RIVERSIDE  COUNTY— ORGANIZATIOIV — JOINT  BOARD   OF  COMMISSIONERS. 

certify  forthwith  to  the  respective  boards  of  supervisors  of  said  counties  of 
San  Bernardino  and  Kiverside  the  amount  constituting  the  due  proportion  of 
said  excess  payable  by  the  county  of  Riverside,  also  the  value  of  any  property 
belonging  to  San  Bernardino  County  at  the  time  this  act  takes  effect  which  is 
situated  in  the  county  of  Riverside.  The  sum  of  said  ascertained  value  of 
said  last  mentioned  propertj^  added  to  the  ascertained  proportion  of  said  ex- 
.cess  which  the  county  of  Riverside  is  to  pay  to  the  county  of  San  Bernardino, 
shall  be  an  indebtedness  from  the  county  of  Riverside  to  the  county  of  San 
Bernardino.  Said  property,  situated  as  aforesaid  in  the  county  of  Riverside, 
shall,  upon  settlement  therefor  as  provided  in  this  act,  become  the  property 
of  the  county  of  Riverside,  and  San  Bernardino  County  shall  pay  the  entire 
indebtedness  of  San  Bernardino  County;  provided,  the  county  of  Riverside 
pays  to  the  county  of  San  Bernardino,  as  herein  designated,  any  proportion 
thereof  that  may  be  found  properly  to  be  payable  by  the  county  of  Riverside. 
In  case  said  board  of  commissioners  shall  find  that  the  value  of  the  property 
belonging  to  said  San  Bernardino  County  at  the  time  this  act  takes  effect 
exceeds  the  indebtedness  of  said  San  Bernardino  County,  the  excess  shall  be 
apportioned  between  said  counties  of  San  Bernardino  and  Riverside  in  the  pro- 
portions aforesaid;  and  if  the  portion  of  said  excess  payable  to  the  county  of 
Riverside  does  not  exceed  the  value  of  said  property  belonging  to  San  Ber- 
nardino County  and  situate  in  the  county  of  Riverside  as  aforesaid,  said  por- 
tion of  said  excess  shall  be  deducted  from  the  value  of  said  property  situate  in 
the  county  of  Riverside  as  last  aforesaid,  and  the  balance,  after  deducting  said 
portion  of  such  excess,  shall  be  certified  as  aforesaid  to  the  said  board  of 
supervisors  and  shall  be  an  indebtedness  from  the  county  of  Riverside  to  the 
county  of  San  Bernardino;  but  if  said  portion  of  such  excess  is  greater  than 
the  value  of  said  property  situate  in  the  county  of  Riverside  as  aforesaid 
belonging  to  San  Bernardino  County,  the  value  of  said  property  last  aforesaid 
shall  be  deducted  from  said  portion  of  "such  excess,  and  the  balance  shall  be 
certified  as  aforesaid  to  said  boards  of  supervisors,  and  shall  be  an  indebted- 
ness from  San  Bernardino  County  to  the  county  of  Riverside,  and  said  San 
Bernardino  County  shall  pay  the  same.  If,  upon  the  settlement  between  the 
counties  of  San  Bernardino  and  Riverside,  as  herein  provided  for,  said  county 
of  Riverside  shall  be  found  to  be  indebted  to  San  Bernardino  County,  the 
money  necessary  to  pay  said  indebtedness  shall  be  raised  by  a  tax  levied  upon 
the  property  contained  in  the  county  of  Riverside,  and  the  county  of  Riverside 
shall  pay  the  same. 

§  9.  Said  board  shall  also  appoint  two  freeholders,  residents  of  the  county 
of  Riverside,  to  act  as  commissioners,  whose  duty  it  shall  be  to  meet  at  the 
city  of  San  Diego,  California,  within  twenty  days  from  the  time  of  their  ap- 
pointment, a  like  number  of  commissioners,  who  shall  be  appointed  by  the 
board  of  supervisors  of  San  Diego  County,  and  one  commissioner  to  be  ap- 
pointed by  the  governor  of  the  state  of  California.  Such  commissioners  shall 
then  jointly  organize  a  board,  by  electing  from  their  number  a  chairman  and 
secretary.  A  majority  of  said  commissioners  shall  constitute  a  quorum  of  said 
board  for  the  transaction  of  business.  Should  any  vacancy  occur  in  said  board 
of  commissioners  by  death,  resignation,  or  otherwise,  the  office  so  vacated  shall 
be  filled  by  the  appointing  power  which  made  the  original  appointment.  Any 
of  said  commissioners  shall  have  the  power  to  compel,  by  a  citation  or  sub- 


RIVERSIDE   COUNTY— ORGANIZATION — APPORTIONMENT   OF   DEBT.  1141 

poena  signed  by  him,  the  attendance  of  such  persons  and  the  production  of 
such  books  and  papers  before  said  board  of  commissioners  as  he  may  require 
in  performing  the 'duties  imposed  by  this  act;  and  it  shall  be  the  duty  of  the 
sheriffs  of  the  counties  of  San  Diego  and  Riverside  to  execute  in  their  respect- 
ive counties  all  lawful  orders  and  citations  of  any  of  said  commissioners;  and 
for  any  services  performed,  the  sheriff  shall  be  allowed  the  same  fees  as  are 
allowed  for  like  services  in  civil  cases ;  and  all  witnesses  attending  before  the 
said  board  of  commissioners  shall  be  entitled  to  the  same  compensation  and 
mileage  as  is  allowed  to  witnesses  in  civil  cases;  provided,  that  no  witness 
shall  be  excused  from  attendance  at  the  time  and  place  mentioned  in  said  order 
or  citation  by  reason  of  the  failure  of  the  officer  making  service  thereof  to  ten- 
der said  witness  his  fees  in  advance.  Said  board  of  commissioners  shall,  im- 
mediately after  its  organization,  ascertain  the  indebtedness  of  San  Diego 
County  existing  at  the  time  this  act  takes  effect,  and  also  the  total  value  of 
all  property  at  that  time  belonging  to  said  county  of  San  Diego.  They  shall 
ascertain  the  assessed  value  of  all  property  in  San  Diego  County,  as  it  stood 
before  this  act  takes  effect,  according  to  the  assessment  made  for  San  Diego 
County  in  the  year  eighteen  hundred  and  ninety-two ;  also,  the  assessed  value, 
under  the  same  assessment,  of  all  property  in  the  territory  hereby  set  apart 
from  San  Diego  County  and  embraced  in  the  county  of  Riverside.  They  shall 
find  the  difference  between  the  amount  of  the  indebtedness  of  San  Diego 
County  and  the  value  of  the  property  belonging  to  San  Diego  County  at  the 
time  this  act  takes  effect,  and  if  such  indebtedness  exceeds  the  value  of  such 
property  belonging  to  San  Diego  County,  the  county  of  Riverside  shall  pay 
San  Diego  County  a  due  proportion  thereof,  to  be  determined  as  follows :  As 
said  assessed  value  of  the  property  of  San  Diego  County  is  to  the  said  assessed 
value  of  the  property  in  the  territory  by  this  act  set  apart  from  San  Diego 
County,  so  is  the  amount  of  said  excess  to  the  amount  to  be  paid  by  the  county 
of  Riverside  to  the  county  of  San  Diego.  Said  board  of  commissioners  shall 
then  certify  forthwith  to  the  respective  boards  of  supervisors  of  said  counties 
of  San  Diego  and  Riverside,  the  amount  constituting  the  due  proportion  of 
said  excess  payable  by  the  county  of  Riverside ;  also,  the  value  of  any  prop- 
erty belonging  to  San  Diego  County  at  the  time  this  act  takes  effect  which  is 
situated  in  the  county  of  Riverside.  The  sum  of  said  ascertained  value  of  said 
last  mentioned  property,  added  to  the  ascertained  proportion  of  said  excess 
which  the  county  of  Riverside  is  to  pay  to  San  Diego  County,  shall  be  an 
indebtedness  from  the  county  of  Riverside  to  the  county  of  San  Diego.  Said 
property,  situated  as  aforesaid  in  the  county  of  Riverside,  shall,  upon  settle- 
ment therefor  as  provided  in  this  act,  become  the  property  of  the  county  of 
Riverside,  and  San  Diego  County  shall  pay  the  entire  indebtedness  of  San 
Diego  County;  provided,  the  county  of  Riverside  pays  to  San  Diego  County, 
as  herein  designated,  any  proportion  thereof  that  may  be  found  properly  to 
be  payable  by  the  county  of  Riverside.  In  case  said  board  of  commissioners 
shall  find  that  the  value  of  the  property  belonging  to  the  said  San  Diego 
County  at  the  time  this  act  takes  effect  exceeds  the  indebtedness  of  San  Diego 
County,  the  excess  shall  be  apportioned  between  said  counties  of  San  Diego 
and  Riverside  in  the  proportion  aforesaid,  and  if  the  proportion  of  said  excess 
payable  to  the  county  of  Riverside  does  not  exceed  the  value  of  property  be- 
longing to  San  Diego  County,  and  situate  in  the  county  of  River.side  afore- 


1142  RIVERSIDE    COUNTY — ORGANIZATION — ASSESSMENTS     AND     TAXES. 

said,  said  portion  of  said  excess  shall  be  deducted  from  the  value  of  said 
property  situate  in  the  county  of  Riverside  as  last  aforesaid,  and  the  balance, 
after  deducting  said  portion  of  such  excess,  shall  be  certified,  as  aforesaid,  to 
the  boards  of  supervisors,  and  shall  be  an  indebtedness  from  the  county  of 
Riverside  to  the  county  of  San  Diego ;  but  if  said  portion  of  such  excess  is 
greater  than  the  value  of  said  property  situate  in  said  county  of  Riverside,  as 
aforesaid,  belonging  to  San  Diego  County,  the  value  of  said  property  last 
aforesaid  shall  be  deducted  from  said  portion  of  such  excess,  and  the  balance 
shall  be  certified,  as  aforesaid,  to  said  boards  of  supervisors,  and  shall  be  an 
indebtedness  from  San  Diego  County  to  the  county  of  Riverside,  and  said  San 
Diego  County  shall  pay  the  same.  If,  upon  the  final  settlement  between  the  coun- 
ties of  San  Diego  and  Riverside,  as  herein  provided  for,  said  county  of  Riverside 
shall  be  found  to  be  indebted  to  San  Diego  County,  the  money  necessary  to  pay 
said  indebtedness  shall  be  raised  by  a  tax  levied  upon  the  property  contained 
in  the  county  of  Riverside,  and  the  county  of  Riverside  shall  pay  the  same. 

§  10.  After  the  passage  of  this  act  no  assessment  shall  be  made,  nor  poll 
tax  nor  taxes  on  personal  property  be  collected  by  the  assessors  of  San 
Bernardino  or  San  Diego  counties  in  the  territory  embraced  in  the  county  of 
Riverside.  The  assessor  of  the  county  of  Riverside,  who  shall  be  elected  at  the 
election  herein  provided  for,  shall,  within  ninety  days  after  he  shall  have  been 
qualified,  assess  all  the  property  in  the  county  of  Riverside,  except  as  is  re- 
quired to  be  assessed  by  the  state  board  of  equalization,  and  collect  the  poll 
taxes  and  the  taxes  on  personal  property  in  said  county  of  Riverside  in  accord- 
ance with  the  general  laws.  Within  fifteen  days  after  said  assessment  is 
completed,  the  board  of  supervisors  of  the  county  of  Riverside  shall,  in  accord- 
ance with  the  general  laws,  equalize  said  assessment  and  levy  state  and  county 
taxes.  Said  ^assessment  and  levy,  and  the  collection  of  taxes,  shall  be  as 
effective  as  if  said  assessment  and  levy  were  made  at  the  time  provided  in  the 
general  laws ;  provided,  that  the  general  laws  relating  to  the  assessment,  levy, 
and  collection  of  taxes  are  hereby  made  applicable,  so  far  as  possible,  to  the 
assessment,  levy,  and  collection  of  taxes  for  the  county  of  Riverside  for  the 
year  eighteen  hundred  and  ninety-three. 

§  11.  The  board  of  supervisors  of  the  county  of  Riverside  are  hereby 
authorized  when  they  deem  it  necessary,  to  provide  suitable  books,  and  con- 
tract wnth  some  competent  persons  to  transcribe  from  the  records  of  San 
Bernardino  and  San  Diego  counties  such  parts  thereof  as  relate  to  or  affect 
property,  or  the  title  thereto,  situate  in  the  county  of  Riverside;  and  said 
records,  when  so  transcribed  and  certified  to  by  the  respective  recorders  of  the 
counties  of  San  Bernardino  and  San  Diego,  shall  have  the  same  force  and 
effect  as  such  original  records  for  all  purposes. 

§  12.  All  actions  or  special  proceedings  (excepting  those  provided  for  in 
sections  three  hundred  and  ninety-two  and  three  hundred  and  ninety-three. 
Code  of  Civil  Procedure)  which  shall  be  pending  in  the  superior  courts  in  the 
counties  of  San  Bernardino  and  San  Diego  at  the  time  of  the  organization  of 
the  county  of  Riverside,  in  which  the  defendants  are  residents  of  the  county 
of  Riverside,  shall  be  removed  to  the  superior  court  of  the  county  of  Riverside, 
on  motion  of  any  party  interested;  provided,  that  no  actions  commenced  for 
collection  of  licenses  shall  be  removed  from  the  courts  of  San  Bernardino  and 
San  Diego  counties. 


RIVE^RSIDE:    county— organization— roads    and    highways.  1143 

§  13.  The  notaries  public  of  the  counties  of  San  Bernardino  and  San  Diego, 
who  are  residents  of  the  territory  embraced  in  the  county  of  Riverside  at  the 
date  of  the  passage  of  this  act,  shall  hold  their  office  until  the  expiration  of 
their  terms,  and  shall  be  recommissioned  as  notaries  public  in  and  for  the 
county  of  Riverside  until  the  expiration  of  their  terms.  And  the  governor 
shall,  from  time  to  time,  appoint  such  additional  notaries  public  for  the  county 
of  Riverside  as  he  may  deem  requisite.  • 

§  14.  The  superintendents  of  public  schools  of  the  counties  of  San  Bernar- 
dino and  San  Diego  shall  furnish  the  superintendent  of  public  schools  of  the 
county  of  Riverside  with  a  certified  copy  of  the  last  school  census  of  the  dif- 
ferent school  districts  in  the  territory  set  apart  to  form  the  county  of  River- 
side, and  respectively  draw  their  warrants  on  the  treasurers  of  San  Bernardino 
and  San  Diego  counties  in  favor  of  the  superintendent  of  schools  in  the  county 
of  Riverside  for  all  money  that  is  or  may  be  due,  by  apportionment  or  other- 
wise, to  the  different  districts  embraced  in  the  county  of  Riverside ;  and  the 
auditors  of  San  Bernardino  and  San  Diego  shall,  in  like  manner,  respectively 
draw  their  warrants  on  the  respective  treasurers  of  the  counties  of  San  Ber- 
nardino and  San  Diego,  in  favor  of  the  auditor  of  the  county  of  River- 
side for  all  money  that  is  or  may  be  due,  by  apportionment  or  otherwise,  to 
the  different  road  and  supervisorial  district  funds  in  the  territory  set  apart 
to  form  the  county  of  Riverside,  which  said  amounts  shall  be  properly  credited 
to  the  respective  districts  in  said  counties. 

§  15.  The  said  county  of  Riverside  shall  form  and  constitute  the  seventy- 
seventh  assembly  district,  and  a  part  of  senatorial  district  number  thirty-nine ; 
and  that  part  of  the  seventy-seventh  assembly  district  remaining  in  San  Ber- 
nardino County  shall  be  attached  to  and  constitute  a  part  of  the  seventy-eighth 
assembly  district,  until  otherwise  provided  by  law. 

§  16.  Nothing  contained  in  this  act  shall  be  held  or  construed  as  determin- 
ing that  said  county  of  Riverside  shall  have  been  formed  or  created  at  any 
time  other  than  at  and  upon  the  date  of  the  passage  and  approval  of  this  act. 

§  17.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  approval. 

People   vs.    WaUace,    101    Cal.    281,    283,    35  Cal.    214,    222,    41    Pac.   Rep.    467;    San    Diego 

Pac.   Rep.    862;   People   ex   rel.   Hargrave   vs.  vs.  Riverside,  125  Cal.  495,  497,  58  Pac.  Rep. 

Markham,    104    Cal.    232,    236,    37    Pac.    Rep.  81;    Riverside    County    vs.    San    Bernardino 

918;  Security  L.  &  T.  Co.  vs.  Kauffman,  108  County,  134  Cal.  517-519,  66  Pac.  Rep.  78S. 

ROADS  AND  HIGHWAYS— BOULEVARD  DISTRICTS. 

To  provide  for  the  formation  of  boulevard  districts  and  the  construction,  main- 
tenance, and  use  of  boulevards  and  defining  the  term  boulevard. 
(Stats.  1905,  754,  ch.  DLXVI.) 

§  1.  Any  portion  of  a  county  not  contained  in  a  boulevard  district  may  be 
formed  into  a  boulevard  district  under  the  provisions  of  this  act,  and  when 

so  formed  shall  be  known  and  designated  by  the  name  and  style  of  

boulevard  district  (using  the  name  of  the  district),  of  county  (using 

the  name  of  the  county  in  which  said  district  is  located),  and  shall  have  the 
rights  herein  enumerated  and  such  as  may  hereafter  be  conferred  by  law. 

§  2.  A  petition  for  the  formation  of  such  boulevard  district  (naming  it) 
may  be  presented  to  the  board  of  supervisors  of  the  county  wherein  the  district 


1144  ROADS    AND    HIGHWAYS— BOULEVARD    DISTRICTS. 

is  proposed  to  be  formed,  which  said  petition  shall  be  signed  by  not  less  than 
twenty-five  freeholders,  resident  within  the  proposed  district,  and  shall 
contain — 

(1)  The  boundaries  of  the  proposed  district. 

(2)  The  number  of  acres  contained  therein  and  the  approximate  value  there- 
of and  of  the  improvements  thereon. 

(3)  A  particular  description  of  the  boulevard  which  it  is  desired  to  lay  out, 
open,  and  construct. 

(4)  A  request  that  an  election  be  called  within  said  district  for  the  purpose 
of  determining  the  question  of  the  formation  of  said  boulevard  district  and 
the  building  of  the  boulevard  described  in  said  petition.  Such  petition  must 
also  be  accompanied  by  a  map  showing  the  location  of  said  boulevard,  and  of 
said  district  with  relation  to  the  territory  immediately  contiguous  thereto; 
also  with  a  cross-section  and  profile  of  said  proposed  boulevard,  together  with 
specifications  for  the  construction  thereof,  which  said  map  shall  be  approved 
as  to  location  of  the  boulevard  and  said  cross-section,  profile  and  specifications, 
as  to  manner  of  construction,  by  the  county  surveyor  of  the  county  in  which 
said  proposed  district  is  located.  There  shall  also  be  filed  with  said  board  of 
supervisors,  at  the  time  said  petition  is  presented,  a  bond  in  the  sum  of  not 
more  than  three  hundred  dollars,  with  two  sufficient  sureties,  to  be  approved 
by  said  board,  who  shall  each  qualify  in  double  the  amount  of  the  penal  sum 
thereof,  conditioned  that  they  will  pay  the  expense  and  cost  of  said  election 
in  an  amount  not  exceeding  the  amount  mentioned  in  said  bond,  as  the  penal 
sum  thereof,  in  case  such  election  shall  fail  to  carry. 

§  3.  Such  petition  must  be  presented  at  a  regular  meeting  of  said  board 
of  supervisors  and  they  shall  thereupon  fix  a  time  for  hearing  said  petition, 
not  less  than  twenty-one  nor  more  than  thirty  days  after  the  date  of  presenta- 
tion thereof,  and  shall  publish  a  notice  of  the  fact  that  such  petition  has  been 
filed  (referring  to  the  same  on  file  with  the  clerk  of  the  board  of  supervisors 
for  further  particulars)  and  giving  the  date  and  hour  at  which  said  petition 
will  be  heard,  which  said  notice  shall  be  published  at  least  once  a  week  for  two 
consecutive  weeks  in  some  newspaper  published  and  circulated  in  said  pro- 
posed district ;  provided,  that,  if  no  newspaper  be  so  published  in  said  district, 
then  said  notice  shall  be  so  published  in  some  newspaper  published  and  circu- 
lated in  the  county  in  which  said  proposed  district  is  located. 

§  4.  Upon  the  day  named  for  the  hearing  of  said  petition,  the  board  of 
supervisors  shall  hear  the  same  and  may  adjourn  such  hearing  from  time  to 
tim.e,  not  more  than  two  weeks  in  all.  On  the  final  hearing,  they  shall  make 
such  changes  in  the  proposed  boundaries  as  they  may  find  to  be  proper,  and 
shall  define  and  establish  such  boundaries.  Any  change  made  by  the  board 
of  supervisors  shall  not  include  any  territory  outside  of  the  boundaries  de- 
scribed in  the  petition  until  the  board  has  given  at  least  two  weeks'  notice  of 
its  intention  to  include  such  territory  in  said  district,  said  notice  to  be  given 
and  published  as  herein  provided  for  the  notice  of  the  hearing  of  said 
petition. 

§  5.  The  boundaries  established  by  the  board  of  supervisors  shall  be  the 
boundaries  of  such  boulevard  district  until  the  same  shall  be  changed  in  the 
manner  provided  by  law.  But  if  it  shall  appear  to  the  board  that  the  bound- 
aries of  any  such  division  have  been  incorrectly  described,  it  shall  direct  the 


ROADS  AlVD  HIGHWAYS— BOULiE2VARD  DISTRICTS— NOTICE  AND  ELECTION.     1145 

county  surveyor  to  ascertain  and  report  the  correct  description  of  the  bound- 
aries, in  conformity  with  the  orders  of  said  board  of  supervisors,  which  said 
report  must  be  filed  within  thirty  days  from  the  day  of  the  making  of  such 
order.  At  the  first  regular  meeting  after  the  filing  of  said  report,  the  board  of 
supervisors  shall  ratify  the  same,  with  such  modifications  as  they  deem  neces- 
sary, and  the  boundaries  so  established  shall  be  the  legal  boundaries  of  such 
boulevard  district. 

§  6.  The  board  of  supervisors  thereupon,  and  not  later  than  the  first  regular 
meeting  after  the  establishment  of  said  boundaries  as  hereinbefore  provided, 
shall  give  notice  of  an  election  to  be  held  in  such  proposed  boulevard  district 
for  the  purpose  of  determining  whether  such  district  shall  be  formed  and  said 
boulevard  built  as  in  said  petition,  majjs,  cross-sections,  profiles  and  specifica- 
tions described. 

§  7.  Such  notice  must  specify  the  time  and  place  or  places  of  holding  the 
election,  the  amount  of  money  proposed  to  be  raised,  and  the  purposes  for 
which  it  is  to  be  used,  including  a  brief  description  of  the  proposed  work  and 
materials  to  be  used,  and  referring  to  the  map,  profiles,  cross-sections  and 
specifications  on  file  wdth  the  clerk  of  the  board  of  supervisors. 

§  8.  For  the  purposes  of  this  election  the  board  of  supervisors  shall  estab- 
lish, by  order,  one  or  more  precincts  within  the  boundaries  of  said  district, 
and  appoint  one  inspector,  one  judge  and  one  clerk  for  each,  to  conduct  the 
same,  and  said  election  must  be  held  in  all  respects  as  near  as  practicable  in 
conformity  with  the  general  election  law^s  of  the  state.  At  such  election  the 
ballots  shall  contain  the  words  '"For  the  formation  of  said  district  and  the 
construction  of  said  boulevard — Yes,  No,"  together  with  a  square  at  the  right 
of  the  word  "Yes"  and  at  the  right  of  the  word  "No"  in  which  the  voter  may 
stamp  his  ballot  to  indicate  his  choice.  But  no  particular  form  of  ballot  other 
than  above  set  forth  need  be  used ;  nor  shall  any  informality  in  conducting 
said  election  invalidate  the  same  if  the  election  shall  have  been  otherwise  fairly 
conducted, 

§  9.  The  officers  of  the  election  must  certify  the  result  of  the  election  to  the 
board  of  supervisors,  giving  the  whole  number  of  votes  cast,  the  number  for 
and  the  number  against  the  formation  of  said  boulevard  district  and  the  build- 
ing of  said  boulevard,  and  if  the  majority  of  the  votes  cast  are  in  favor  of 
same,  the  board  of  supervisors  must  enter  an  order  to  that  effect  upon  its 
minutes,  declaring  said  district  formed  and  that  said  boulevard  shall  be  built, 
and  the  amount  to  be  raised  by  taxation  on  the  taxable  property  within  said 
district,  which  said  amount  shall  be  in  the  aggregate  not  exceeding  seventy- 
five  per  centum  of  the  estimated  cost  of  acquiring  the  right  of  way  therefor 
and  constructing  said  boulevard,  as  found  in  the  estimates  to  be  furnished  by 
the  county  surveyor  of  said  county;  the  balance,  twenty-five  per  centum,  to 
be  paid  out  of  the  general  road  fund  of  the  county;  and  the  board  of  super- 
visors shall,  at  the  time  of  fixing  the  amount  of  the  county  tax  levy,  levy  a  tax 
upon  the  taxable  property  in  said  district  sufficient  to  pay  said  amount. 

§  10.  The  work  provided  for  in  this  act  to  be  done  shall  be  by  law  con- 
tracted to  the  lowest  responsible  bidder  in  accord  with  the  provisions  of  section 
two  thousand  six  hundred  and  forty-three  of  the  Political  Code  of  California. 
The  successful  bidder  shall  give  a  bond  in  such  sum  as  the  board  of  supervisors 


1146  ROADS    AXD    HIGHWAYS — BOULEVARD    DISTRICTS— CONTROL    OF. 

shall  provide,  conditioned  for  the  faithful  performance  of  the  contract,  to- 
gether with  any  and  all  bonds  required  by  law  for  public  work.  The  work 
done  under  said  contract  to  be  performed  under  the  direction  and  to  the  sat- 
isfaction of  the  surveyor  of  the  county  in  which  said  boulevard  district  is 
located. 

§  11.  Any  money  remaining  to  the  credit  of  the  boulevard  district  on  the 
completion  of  the  work  contracted  for,  with  any  and  all  gifts  and  donations 
thereto,  shall  remain  in  the  fund  of  the  district  and  be  expended  in  the  better- 
ment of  said  boulevard.  The  maintenance  of  the  same,  after  the  completion 
thereof,  to  be  paid  out  of  the  general  road  fund  of  the  county ;  provided,  that 
the  board  of  supervisors  of  the  county  in  which  said  boulevard  district  is  lo- 
cated may,  as  now  or  hereafter  provided  by  law,  arrange  with  the  department 
of  highways  or  other  lawful  authority  to  turn  said  boulevard  over  to  the  state 
of  California,  and  it  shall  thereafter  be  kept  and  maintained  as  a  state  boule- 
vard out  of  the  funds  provided  by  law  for  state  highway  purposes,  but  subject 
at  all  times  nevertheless  to  the  limitations  as  to  the  use  thereof  hereinafter 
provided. 

§  12.  By  the  term  "boulevard"  as  used  herein  is  meant  a  highway  of  lim- 
ited dedication  and  use,  not  less  than  one  hundred  feet  in  width  and  upon 
which  no  wagon  for  heavy  teaming,  having  a  tire  of  less  than  four  inches, 
shall  be  permitted,  and  upon,  along  and  over  which  no  franchise  for  telephone, 
telegraph  or  electric  wires  or  poles  or  for  the  operation  or  running  of  cars  or 
vehicles  upon  fixed  tracks  or  rails  thereon  shall  ever  be  granted;  and  any 
easement  granted  or  condemned  for  the  building  of  said  boulevard  shall  be 
so  granted  or  condemned ;  provided,  that  nothing  herein  shall  be  deemed  to 
apply  to  or  preventing  the  granting  of  such  franchise  or  limiting  the  use  of 
wagons  across  said  boulevard,  on,  over  and  along  intersecting  streets  and 
highways. 

§  13.  All  provisions  of  the  law  of  the  state  of  California  relating  to  streets 
and  highways,  including  the  right  of  eminent  domain,  save  only  section  two 
of  an  act  of  the  legislature  of  the  state  of  California  entitled  ''An  act  to  repeal 
chapter  two  of  title  six,  part  three,  of  an  act  of  the  legislature  of  the  state  of 
California,  entitled  'An  act  to  establish  a  Political  Code,'  approved  March 
twelve,  eighteen  hundred  and  seventy-two,  and  each  and  every  section  of  said 
chapter  two.  And  to  enact  a  new  chapter  two  of  title  six  of  part  three  of  said 
code,  and  substitute  the  same  in  place  of  said  repealed  chapter  two  in  said 
code,  relating  to  roads  and  highways,"  approved  February  twenty-eight, 
eighteen  hundred  and  eighty-three,  and  also  an  act  of  the  legislature  of  the 
state  of  California  entitled  "An  act  for  the  establishment  of  a  uniform  system 
of  road  government  and  administration  in  the  counties  of  the  state  of  Cali- 
fornia," approved  April  one,  eighteen  hundred  and  ninety-seven,  not  in  con- 
flict herewith  are  hereby  made  applicable  to  the  opening,  laying  out,  and  main- 
taining of  boulevards  constructed  hereunder  and  the  acquiring  of  rights  of 
way  therefor. 

§  14.  The  board  of  supervisors  of  the  county  in  which  said  boulevard  dis- 
trict is  located  shall  have  sole  control  of  the  management  and  affairs  of  said 
boulevard  district. 


ROADS    AND    HIGHWAYS— DEPARTMENT    OF— HOW    CO.XSTITL TED.  1147 

ROADS  AND  HIGHWAYS— DEPARTMENT. 

To  create  a  department  of  highways  for  the  state  of  California,  to  define  its 
duties  and  powers,  to  provide  for  the  appointment  of  officers  and  em- 
ployees thereof,  and  to  provide  for  the  compensation  of  said  officers  and 
employees,  and  for  the  additional  expenses  of  said  department,  and  to 
make  an  appropriation  therefor  for  the  remainder  of  the  forty-eighth 
fiscal  year. 

(Stats  1897,  443,  ch.  CCLXXII.) 

§  1.  A  department  of  and  for  the  state  of  California,  to  be  known  as  the 
department  of  highways,  is  hereby  created,  to  consist  of  three  chief  executive 
officers,  who  shall  be  known  as  higlnvay  commissioners.  Said  department,  its 
officers  and  employees,  shall  have  and  exercise  the  powers  and  duties  herein- 
after specified,  and  such  as  are  or  may  be  otherwise  provided  by  law. 

§  2.  Immediately  upon  the  taking  effect  of  this  act,  the  governor,  by  and 
with  the  consent  and  advice  of  the  senate,  shall  appoint  three  persons  as  high- 
way commissioners.  The  persons  so  appointed  shall  be  selected  with  particular 
reference  to  their  qualifications  for,  and  practical  knowledge  of,  highway  loca- 
tion, construction,  and  maintenance.  The  highway  commissioners  shall  devote 
their  entire  time  to  the  service  of  the  state,  and  shall  not  actively  engage  in 
any  other  pursuit  while  serving  as  highw^ay  commissioners.  The  commis- 
sioners shall  personally  perform  all  the  engineering  work  of  the  department ; 
provided,  that  the  department  may  be  allowed  assistance  on  the  engineering 
work  thereof  on  receiving  the  unanimous  approval  of  the  state  board  of 
examiners. 

§  3.  Each  of  the  highway  commissioners  shall  hold  office  for  the  term  of 
two  years  from  and  after  the  date  of  his  qualification,  as  hereinafter  provided 
for.  At  the  expiration  of  said  last-named  term  two  of  said  three  offices  shall 
thereupon  cease  and  determine,  and  the  powers  and  duties  herein  specified 
shall  devolve  upon  one  highway  commissioner.  At  least  thirty  days  prior  to 
the  expiration  of  the  terms  of  the  highAvay  commissioners  provided  for  above 
in  this  section  the  governor,  by  and  with  the  advice  and  consent  of  the  senate, 
unless  it  be  otherwise  prrovided  by  law,  shall  appoint,  for  a  term  of  four  years, 
and  every  four  years  thereafter,  one  civil  engineer  as  higliAvay  commissioner, 
who  shall  have  the  qualifications  specified  in  section  two  of  this  act,  and  upon 
him  shall  devolve  all  of  the  duties  and  powers  which  shall  be  conferred  upon 
the  commissioners  first  appointed  under  the  provisions  of  this  act,  and  who 
shall  receive  like  compensation.  Whenever  a  vacancy  occurs  in  the  office  of 
highway  commissioner,  it  shall  be  the  duty  of  the  governor  to  fill  such  vacancy 
for  the  "unexpired  term,  which  appointment  shall  be  confirmed  by  the  senate 
at  its  next  session. 

§  4.  Within  twenty  days  after  receiving  notice  of  appointment,  the  person 
or  persons  so  appointed  shall  file  a  bond  in  the  sum  of  ten  thousand  dollars 
($10,000),  with  at  least  two  sufficient  sureties  thereon,  for  the  faithful  per- 
formance of  his  duties,  which  bond  must  be  approved  by  the  governor,  and 
filed  with  the  secretary  of  state,  and  qualify  by  taking  the  oath  of  office  as 
prescribed  for  state  officers. 

§  5.     The   three    chief   executive    officers   hereinbefore   provided   for   shall 


1148  ROADS    AND   HIGHWAYS— DEPARTMENT    OF— POWERS    AND    DUTIES. 

immediately,  upon  qualifying,  organize  by  electing  one  of  their  number  as 
president  and  shall  adopt  a  seal  for  the  authentication  of  its  acts,  records, 
and  proceedings. 

§  6,  The  department  of  highways  shall  have  power  to  appoint  a  secretary 
and  a  stenographer,  who  shall  hold  office  at  the  pleasure  of  the  department. 
Such  employees  shall  not  be  eligible  for  such  appointment  unless  they  possess 
special  qualifications  for,  and  are  competent  to  perform  the  duties  devolving 
on  them;  and  they  shall  devote  their  entire  time  to  the  service  of  the  depart- 
ment. 

§  7.  The  office  of  the  department  of  highways  shall  be  in  the  state  capitol 
building;  and  the  secretary  of  state  shall  assign  to  the  department,  for  its  use, 
such  rooms  as  may  be  necessary  for  its  accommodation.  All  of  the  regular  meet- 
ings of  the  department  shall  be  held  at  such  office.  The  department  may,  how- 
ever, hold  such  special  meetings  at  such  places  as  the  duties  of  the  department, 
or  the  best  interests  of  the  state,  may  require. 

§  8.  The  department  of  highways  shall  take  possession,  in  the  name  of  the 
state,  as  rapidly  as  the  funds  provided  therefor  will  permit,  of  all  roads  which 
have  been  or  may  be  declared  state  highways. 

§  9.  The  department  of  highways  shall  have  charge  of  all  expenditures  made 
by  the  state  for  highway  purposes,  except  as  otherwise  provided  by  law ;  and  all 
moneys  appropriated  for  such  purpose  shall  be  made  payable  upon  proper  order 
of  said  department.  All  claims  and  accounts  which  may  be  incurred  by  the 
department  of  highways  shall,  however,  before  payment,  be  audited  by  the  board 
of  examiners. 

§  10.  The  department  of  highways  shall  make  examination  into  existing 
highway  conditions  in  the  state  of  California,  and  shall,  furthermore,  make  such 
investigations  within  the  state,  as  will  put  at  the  service  of  the  state  the  most 
approved  methods  of  highw^ay  improvement.  It  shall  supply,  on  request  with- 
out charge,  any  information  relative  to  highways  required  by  any  county  or 
district  official  having  care  of  and  authority  over  highways  within  this  state. 
It  shall  collect  and  collate  data  relating  to  the  geological  formation  of  the  state 
in  so  far  as  it  relates  to  material  suitable  for  highway  construction,  and  make 
analyses  and  tests  of  such  material  as  it  may  deem  suitable  for  highway  uses, 
with  the  view  of  determining  the  value  of  the  same  for  such  purposes.  All 
data  so  collected,  together  with  such  other  matters  of  value  or  interest  to  the 
people  of  the  state,  shall  be  published  in  bulletins,  or  upon  maps  or  diagrams, 
or  in  other  proper  form,  or  in  the  biennial  report  of  the  department,  as  it  in 
its  discretion  shall  determine.  The  department  shall  prepare  and  adopt  styles 
and  forms  of  books  for  use  by  officials,  in  which  to  keep  account  of  the  expend- 
iture of  highway  money  and  all  other  records  or  proceedings  relating  to  high- 
ways. It  shall  prepare  such  forms  as  may  be  necessary  for  use  in  connection 
with  opening,  abandoning,  altering,  locating,  constructing,  maintaining,  obtain- 
ing title  to,  or  otherwise  relating  to  proposed  state  highways;  and  such  books 
and  forms,  when  so  adopted,  shall  be  the  standard  for  use  in  the  state.  Copies 
of  them  shall  be  forwarded  to  the  various  officials  who  are  charged  with  keeping 
or  using  the  same,  and  such  officials  shall  immediately  prepare  books  and  forms 
after  the  style  shown  by  such  standard,  and  shall  thereafter  use  them  exclusively 


ROADS    AXD    HIGHWAYS— DEPART.MENT    OF— REl'ORT,    I'RIM'lXa.  1149 


for  the  purposes  for  which  they  are  intended.  It  shall  be  the  duty  of  the  de- 
partment to  adopt  such  general  forms  for  the  surveying  of  state  highways,  map- 
ping, and  keepiugjpf  the  notes  thereof,  and  the  permanent  marking  of  the  same 
on  the  ground,  a/ it  shall  deem  necessary  and  shall  issue  instructions  defining 
such  general  forms  and  markings  to  the  person  having  charge  of  the  making 
of  such  surveys ;  and  it  shall  thereafter  be  the  duty  of  such  persons  to  follow  the 
methods  prescribed  in  such  instructions.  The  department  of  highways,  in  per- 
formance of  its  duties,  shall  have  the  power  to  call  upon  any  state,  county  or  dis- 
trict official  to  furnish  it  wath  any  information  contained  in  his  office  which 
relates  to  or  is  in  any  way  necessary  to  the  proper  performance  of  the  work 
of  said  department ;  and  it  is  hereby  made  the  duty  of  such  officials  to  furnish 
such  information  without  cost.  The  attorney-general  of  the  state  shall  be  the 
legal  adviser  of  the  department  of  highways,  and  said  department  of  hiduvays 
shall  call  upon  the  attorney-general  of  the  state  for  all  such  legal  advice  and 
services  as  the  discharge  of  its  duties  may  require. 

§  11.  The  department  shall  prepare  biennial  reports,  which  shall  be  sub- 
mitted to  the  governor  at  least  thirty  days  before  each  session  of  the  legislature. 
Said  report  shall  embrace  the  work  and  investigations  of  the  department  for 
the  previous  two  years,  together  with  such  recommendations  for  changes  in  the 
law  which  it  may  deem  advisable,  and  which  the  proper  and  economical  main- 
tenance of  the  highways  may  demand. 

§  12.  It  shall  be  the  duty  of  the  state  controller,  upon  the  demand  of  the 
department  of  highways,  to  transfer  to  it,  for  its  use,  all  of  the  property,  books, 
reports,  and  papers  of  every  description  which  shall  be  transferred  to  him  under 
the  provisions  of  an  act  entitled  '"An  act  to  create  a  bureau  of  highways,  and 
prescribe  its  duties  and  powers,  and  make  an  appropriation  for  its  expenses," 
approved  March  twenty-seventh,  eighteen  hundred  and  ninety-five. 

§  13.  It  shall  be  the  duty  of  the  state  printer  to  print  such  reports,  bulletins, 
or  other  matter,  and  furnish  any  necessary  illustrations  or  diagrams  therefor  as 
the  department  of  highways  may  deem  necessary;  all  of  which  shall  first  be 
subject  to  the  approval  of  the  state  board  of  examiners. 

§  14.  The  department  of  highways  shall  have  the  power  and  authority  to 
employ,  when  in  its  judgment  it  is  deemed  necessary,  such  assistance  of  a  special 
character  as  may  be  necessary  and  proper,  for  the  discharge  of  its  duties.  The 
department  shall  also  have  the  power  to  purchase  such  supplies,  fixtures,  and 
conveniences,  as  may  be  necessary  in  the  performance  of  its  work.  The  com- 
missioners of  the  department  of  highways,  or  any  employee  thereof,  shall  be 
allowed  their  necessary  traveling  expenses  while  engaged  in  the  discharge  of 
their  duties  within  the  state.  All  of  the  expenses  mentioned  in  this  section, 
except  as  otherwise  herein  provided,  shall  be  paid  from  the  appropriation  for 
the  contingent  expenses  of  the  department  of  highways.  The  employment  and 
compensation  of  assistants  under  the  provisions  of  this  section  must  receive  the 
approval  of  the  state  board  of  examiners.  The  expense  incurred  in  locating  and 
definitely  surveying  state  highways  in  a  county  shall  be  paid  from  the  funds 
apportioned  thereto  for  state  highway  purposes. 

§  15.  The  commissioners  of  highways  shall  each  receive  the  sum  of  three 
thousand  dollars  ($3,000)  per  annum;  the  secretary  the  sum  of  fifteen  hundred 


1150  KOADS    AKD    HIGHWAYS — PUBLIC    LANDS— STATE    ROAD. 

dollars  ($1,500)  per  annum;  and  the  stenographer  the  sum  of  twelve  hundred 
dollars  ($1,200)  per  annum.  Such  salaries  shall  be  paid  at  the  same  time  and 
in  the  same  manner  as  are  the  salaries  of  other  state  officers. 

§  16.  For  the  purposes  of  carrying  out  the  provisions  of  this  act,  the  sum  of 
three  thousand  dollars  ($3,000)  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  to  pay  the  salaries  of  the  officers  and 
employees  and  the  other  expenses  of  said  department  for  the  remainder  of  the 
forty-eighth  fiscal  year. 

§  17.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  18.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ROADS  AND  HIGHWAYS— PUBLIC  LANDS. 

Granting  to  roads  and  highways  a  right  of  way  over  the  public  lands  of  this 

state. 

(Stats.  1865-6,  855,  ch.  DCXXX.) 

§  1.  Whenever  any  corporation,  company,  or  individual  shall,  in  accordance 
with  the  general  laws  of  this  state  lay  out  and  construct  any  road  or  highway 
over  any  unoccupied  public  lands  of  this  state,  or  over  any  lands  that  the  state 
by  donation  of  Congress  or  otherwise  may  hereafter  acquire,  such  corporation, 
company  or  individual,  and  their  respective  assigns,  are  hereby  granted  tlie  right 
of  way  for  such  roads  or  highways  over  such  public  lands.  This  act  shall  apply 
to  roads  heretofore  as  well  as  hereafter  laid  out  and  constructed. 

ROADS  AND  HIGHWAYS— STATE. 

To  provide  for  the  care,  management,  and  protection  of  state  highways. 
(Stats.  1903,  400,  ch.  CCLXXVI.)- 

§  1.  If  any  state  highway  duly  declared,  laid  out,  or  erected  is  encroached 
upon  by  fences,  buildings,  or  otherwise,  the  highway  commissioner  of  California 
may  require  the  removal  of  the  encroachment.  Notice  must  be  given  to  the 
occupant  or  owner  of  the  land  or  person  causing  or  owning  said  encroachment, 
or  must  be  left  at  his  place  of  residence,  if  such  be  known  to  the  commissioner, 
or  in  case  of  a  non-resident,  then  left  with  his  agent  if  known,  otherwise  it  must 
be  posted  on  the  encroachment.  Said  notice  must  specify  the  breadth  of  the 
state  highway,  the  place  and  extent  of  the  encroachment,  and  require  him  to 
remove  the  same  within  five  days. 

§  2.  If  the  encroachment  is  not  removed,  or  commenced  to  be  removed  and 
diligently  prosecuted  prior  to  the  expiration  of  the  five  days  from  the  service  or 
the  posting  of  the  notice,  the  one  who  caused,  owns,  or  controls  the  encroachment 
forfeits  ten  dollars  for  each  day  the  same  continue  unremoved.  If  the  encroach- 
ment is  such  as  to  effectually  obstruct  and  prevent  the  use  of  the  road  for 
vehicles,  the  state  highway  commissioner  must  forthwith  remove  the  same. 

§  3.  If  the  encroachment  is  denied,  and  the  owner,  occupant,  or  person  con- 
trolling the  matter  or  thing  charged  as  being  an  encroachment  refuses  to  remove 
or  permit  the  removal  thereof,  the  state  highway  commissioner  must  oommence 


ROADS    AND    HIGHWAYS — STATE    ROADS  — OBSTRUCTIOX,    I'lCN AI/I'V.  1151 

in  the  proper  court  au  action  to  abate  the  same  as  a  nuisance.  If  he  recovers 
judgment,  he  may,  in  addition  to  having  the  same  abated,  recover  ten  dollars 
for  every  day  such  nuisance  remained  after  such  notice,  and  also  his  costs  in  his 
said  action. 

§  4.  If  the  encroachment  is  not  denied,  but  is  not  removed  for  five  days  after 
the  notice  given  as  hereinbefore  provided,  the  state  highway  commissioner  may 
remove  the  same  at  the  expense  of  the  owner,  occupant,  or  person  controlling  the 
same,  and  recover  his  costs  and  expenses,  and  also  ten  dollars  for  each  day  the 
same  remains  after  said  five  days'  notice,  in  an  action  for  that  purpose. 

§  5.  Whoever  obstructs  or  injures  any  state  highway,  or  diverts  any  water- 
course thereon,  or  drains  water  from  his  land  on  any  highwa>,  to  the  injury 
thereof,  by  means  of  ditches  or  dams,  is  liable  to  a  penalty  of  ten  dollars  for 
each  day  such  obstruction  or  injury  remains,  and  must  be  punished  as  provided 
in  section  five  hundred  and  eighty-eight  of  the  Penal  Code.  Any  person,  per- 
sons, or  corporations,  who  shall,  by  storing  or  distributing  water  for  any  pur- 
pose, permit  the  water  to  overflow,  or  saturate  by  seepage,  any  state  highway, 
to  the  injury  thereof,  shall,  upon  notification  of  the  state  highway  commissioner, 
discontinue  and  repair  the  damage  occasioned  by  such  overfiow  or  seepage ;  and 
should  such  repair  not  forthwith  be  made  by  such  person,  persons,  or  corpora- 
tions, said  state  highway  commissioner  shall  make  such  repairs  and  if  necessary 
divert  the  flow  or  seepage,  and  recover  the  expense  thereof  from  such  person, 
pei'sons,  or  corporation,  in  an  action  by  law.  All  persons  excavating  irrigation, 
mining,  or  draining  ditches  across  the  state  highways  shall  be  required  to  bridge 
such  ditches  under  the  direction  of  the  commissioner,  at  such  crossings,  and  upon 
neglect  to  do  so,  the  state  highway  commissioner  shall  construct  the  same  and 
recover  the  cost  of  constructing  said  bridge  or  bridges  of  such  person  by  action, 
as  provided  in  this  section;  and  whoever  wilfully  injures  any  bridge  on  a  state 
highway  is  hereby  declared  to  be  guilty  of  a  misdemeanor,' and  is  also  liable  for 
actual  damages  for  such  injury,  to  be  recovered  by  the  state  in  a  civil  action; 
provided,  further,  that  every  person  who  knowingly  allows  the  carcass  of  any 
dead  animal  (which  animal  belongs  to  him  at  the  tinie  of  its  death)  to  be  put  or 
remain  within  one  hundred  feet  of  any  state  highway,  and  every  person  who 
puts  the  carcass  of  any  dead  animal  within  one  hundred  feet  of  any  state  high- 
way, or  who  shall  deposit  on  any  state  highway  any  refuse,  or  waste  tin,  sheet 
iron,  broken  glass,  or  other  refuse  matter,  is  guilty  of  a  misdemeanor. 

§  6.  Whoever  removes  or  injures  any  mile-stone,  mile-board,  or  guide-post,  or 
any  inscription  thereon,  erected  on  any  state  highway,  is  liable  to  a  penalty  of 
ten  dollars  for  every  such  offense,  and  punishable  as  provided  in  section  five 
hundred  and  ninety  of  the  Penal  Code. 

§  7.  Any  person  may  notify  the  occupant  or  owner  of  any  land  from  which  a 
tree  or  other  obstruction  has  fallen  upon  any  state  highway  to  remove  such  tree 
or  obstruction  forthwith.  If  it  is  not  so  removed,  the  owner  or  the  occupant  is 
liable  to  a  penalty  of  one  dollar  for  every  day  thereafter  until  it  is  removed, 
and  the  cost  of  removal  at  the  suit  of  the  commissioner. 

§  8.  Whoever  cuts  down  a  tree  so  that  it  falls  into  any  state  highway  must 
forthwith  remove  the  same,  and  is  liable  to  a  penalty  of  ten  dollars  for  every 
day  the  same  remains  in  such  highway. 


1152  ROADS    AND    HIGHWAY  S— LAKE    TAHOE— MODOC    COUNTY. 

§  9.  Whoever  digs  up,  cuts  down,  or  otherwise  maliciously  injures  or  destroys 
any  shade  or  ornamental  trees  on  any  state  highway,  unless  the  same  is  deemed 
an  obstruction  by  the  state  highway  commissioner,  and  removed  under  his 
direction,  forfeits  one  hundred  dollars  for  each  such  tree. 

§  10.  All  penalties  or  forfeitures  and  other  recoveries  given  in  this  act  and 
not  otherwise  provided  for,  must  be  recovered  by  the  state  highway  commissioner 
by  suit  in  the  name  of  the  state,  and  paid  into  the  state  treasury,  and  thereafter 
be  used  for  the  purpose  of  costs  or  expenses  in  future  proceedings  under  this 
act  or  for  state  road  purposes. 

§  11.  All  acts,  or  parts  of  acts,  in  conflict  with  the  provisions  of  this  act, 
are  hereby  repealed. 

§  12.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ROADS  AND  HIGHWAYS— LAKE  TAHOE. 

To  provide  for  the  construction  of  permanent  bridge  work  on  the  Lake  Tahoe 
wagon  road,  a  state  highway,  and  making  an  appropriation  therefor. 

(Stats.  1905,  796,  ch.  DXCVI.) 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated  the  sum  of  six  thousand  ($6,000)  dollars  for  the 
purpose  of  constructing  permanent  bridge  work  on  the  Lake  Tahoe  wagon  road, 
a  .state  highway.  Said  sum  of  six  thousand  dollars  shall  become  available  July 
first,  nineteen  hundred  and  five. 

§  2.  The  work  provided  for  in  section  one  of  this  act  is  placed  under  the 
control  of  the  Lake  Tahoe  wagon  road  commissioner,  provided,  however,  that 
the  plans  and  specifications  for  said  bridge  work  shall  be  made  by  the  depart- 
ment of  highways  of  California,  and  that  all  work  in  connection  with  said  plans 
and  specifications  shall  be  inspected  by  the  state  highway  commissioner.  Before 
any  payments  are  made  for  work  done  hereunder  it  shall  be  the  duty  of  the 
state  highway  commissioner  to  certify  to  and  approve  the  same. 

§  3.  The  state  controller  is  hereby  instructed  and  directed  to  draw  his  war- 
rants, in  payment  for  said  work,  at  such  time  and  in  such  amounts  as  the  Lake 
Tahoe  wagon  road  commissioner  may  present  claims  for.  Said  warrants  shall 
be  drawn  in  favor  of  the  said  commissioner,  and  the  said  treasurer  is  hereby 
directed  and  instructed  to  pay  said  warrants,  and  the  Lake  Tahoe  wagon  road 
commissioner  shall  disburse  the  same. 

ROADS  AND  HIGHWAYS— MODOC  COUNTY. 

To  aid  the  county  of  Modoc  in  the  construction  of  permanent  work  on  the  county 
road  between  Alturas  and  Cedarville,  and  making  an  appropriation 
therefor. 

(Stats.  1905,  790,  ch.  DLXXXIX.) 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury, 
not  otherwise  appropriated,  the  sum  of  seven  thousand  dollars  ($7,000),  for  aid 
to  the  county  of  Modoc  in  the  construction  of  permanent  work  on  the  county 
road  between  Alturas  and  Cedarville.    Of  the  money  herein  appropriated  thirty- 


ROADS    AND    HIGHWAYS— MONO    LAKB    ROAD— APPROPRIATION.  1153 

five  hundred  dollars  ($3,500)  shall  become  available  immediately  and  the  re- 
maining sum  of  thirty-five  hundred  dollars  shall  become  available  January  first, 
nineteen  hundred  and  six. 

§  2.  The  road  work  above  mentioned  is  placed  under  the  management  and 
control  of  the  department  of  highways,  and  it  shall  be  the  duty  of  said  depart- 
ment to  do  the  work  upon  the  best  and  most  economical  plan  consistent  with 
the  best  interests  of  Modoc  County  and  the  state. 

§  3.  The  state  controller  is  hereby  instructed  and  directed  to  draw  his  war- 
rants, in  payment  for  said  M^ork,  at  such  time  and  in  such  amounts  as  the  depart- 
ment of  highways  may  present  claims  for.  Said  warrants  shall  be  drawn  in 
favor  of  the  highway  commissioner  and  the  said  treasurer  is  hereby  directed 
and  instructed  to  pay  said  warrants,  and  the  highway  commissioner  shall  dis- 
burse the  same. 

ROADS  AND  HIGHWAYS— MONO  LAKE. 

To  provide  for  the  construction  of  a  free  wagon  road  from  the  ]\Iono  Lake  basin 
to  connect  with  a  road  called  "Tioga  Road,"  at  or  near  the  "Tioga  Mine," 
and  making  an  appropriation  therefor. 

(Stats.  1899,  26,  ch.  XXVI.) 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  the  sum  of  twenty-five  thousand  dollars  ($25,000),  for 
the  purpose  of  locating  and  constructing  a  free  wagon  road  from  the  Mono 
Lake  basin  to  and  connecting  with  a  wagon  road  called  the  "Tioga  Road,"  and 
near  the  "Tioga  Mine." 

§  2.  The  road  above  mentioned  is  hereby  declared  to  be  a  state  highway,  and 
is  placed  under  the  control  of  the  department  of  highways,  and  said  department 
shall  have  the  same  powers  over,  and  duties  to  perform  in  connection  with,  said 
highway  as  it  has  in  regard  to  other  public  highways. 

§  3.  It  shall  be  the  duty  of  the  department  of  highways  to  locate  and  con- 
struct said  highway  upon  the  best  grades  and  alignments  which  the  topography 
of  the  county  [country]  traversed  will  permit,  and  in  consonance  with  the  best 
interests  of  the  state,  and  it  shall  furthermore  be  the  duty  of  said  department  to 
begin  such  work  of  location  and  construction  as  soon  as  the  money  appropriated 
herein  is  available  therefor,  and  to  prosecute  the  same  with  diligence. 

§  4.  The  money  appropriated  under  the  provisions  of  this  act  shall  be  paid 
by  the  state  treasurer  upon  warrants  issued  by  the  controller  out  of  the  general 
fund  of  the  fifty-first  and  fifty-second  fiscal  years. 

§  5.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  6.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  next  foUowing  statute. 

ROADS  AND  HIGHWAYS— MONO  LAKE. 

To  provide  for  the  construction  of  the  unfinished  part  of  the  free  wagon  road 
from  Mono  Lake  basin  to  connect  with  a  road  called  the  "Tioga  Road," 
at  or  near  the  "Tioga  Mine,"  and  making  an  appropriation  therefor. 
(Stats.  1903,  523,  eh.  CCCLXXVIII.) 

Gen.   Laws — 73 


1154  ROADS   AND   HIGHWAYS — PROTECTION   OF— FUND    FOR. 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated  the  sum  of  twenty-five  thousand  dollars  ($25,000),  for 
the  purpose  of  constructing  the  unfinished  part  of  the  free  wagon  road  from 
Mono  Lake  basin  to  and  connecting  with  a  wagon  road  called  "Tioga  Road" 
at  or  near  the  "Tioga  Mine." 

§  2.  It  shall  be  the  duty  of  the  department  of  highways  to  begin  such  work 
of  construction  as  soon  as  the  money  appropriated  is  available  therefor. 

§  3.  The  money  appropriated  under  the  provisions  of  this  act  shall  be  paid 
by  the  state  treasurer  upon  the  warrant  drawn  by  the  controller  in  favor  of  the 
state  highway  commissioner. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  January  first, 
nineteen  hundred  and  four. 

ROADS  AND  HIGHWAYS— MONO  LAKE. 

To  declare  a  part  of  the  Sonora  and  Mono  wagon  road,  commencing  east  of 
Sonora,  at  a  point  known  as  Long  Barn,  in  Tuolumne  County,  and  running 
thence  across  the  summit  of  the  Sierra  Nevada  Mountains  to  Bridgeport, 
in  Mono  County,  a  state  highway. 

(Stats.  1901,  272,  ch.  CXI.) 

§  1.  That  portion  of  the  Sonora  and  Mono  wagon  road,  commencing  east  of 
Sonora,  and  at  a  point  commonly  known  as  Long  Barn,  in  Tuolumne  County, 
and  running  thence  across  the  summit  of  the  Sierra  Nevada  Mountains  to 
Bridgeport,  in  Mono  County,  in  this  state,  is  hereby  declared  a  state  highway. 

§  2.     This  act  shall  take  efi'ect  immediately. 

ROADS  AND  HIGHWAYS— PROTECTION  OF. 

To  provide  for  the  protection  and  preservation  of  highways  from  damages  by 
storm  waters  and  floods,  and  to  authorize  the  expenditure  of  public  moneys 
for  the  purposes  thereof. 

(Stats.  1897,  404,  ch.  CCLVIII.) 

§  1.  Whenever  it  appears  to  the  board  of  supervisors  that  any  public  road, 
in  any  road  district  of  the  county,  is  in  danger  of  being  damaged  by  storm 
waters,  or  floods,  or  whenever  any  public  highway  has  already  been  damaged  by 
storm  waters,  or  floods,  it  is  hereby  made  the  duty  of  the  board  of  supervisors 
to  adopt  such  measures  as  may  be  necessary  to  prevent  such  damage,  or  to 
repair  the  same ;  and  the  board  of  supervisors  is  hereby  authorized  to  construct 
flumes,  ditches,  or  canals,  for  the  purpose  of  carrying  off  such  storm  waters,  or 
floods,  to  a  place  of  safety,  and  may  condemn  the  right  of  way  for  such  flumes, 
ditches,  or  canals  for  such  purpose;  provided,  however,  that  no  more  than  the 
sum  of  one  thousand  dollars  shall  be  used  for  such  purpose  in  any  one  road 
district  of  the  county  in  any  one  year. 

§  2.  All  moneys  used  for  the  purposes  of  this  act  may  be  taken  from  the 
general  road  fund  of  the  county. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


ROADS    AND    HIGHAVAYS— SACUAMENTO    TO    FOI.SOM— CONSTRUCTION.         1153 

ROADS  AND  HIGHWAYS— SACRAMENTO  TO  FOLSOM. 

To  provide  for  the  construction  of  a  state  lii^hway  or  wa.c:on  road  from  Sacra- 
mento city  to  Folsom,  in  Sacramento  County,  and  appropriating  crushed 
rock  and  granite  or  stone  blocks  for  drains  and  culverts  for  same. 

(Stats.  1897,  239,  ch.  CLXXVI.) 

^1.  A  public  highway  or  wagon  road  shall  be  built  from  a  point  on  the 
eastern  limits  of  the  city  of  Sacramento,  to  Folsom,  in  Sacramento  County,  as 
near  as  practicable  along  the  route  of  the  present  most  direct  line  of  county 
roads  between  those  two  points;  provided,  that  before  any  work  is  done,  or 
money  expended  on  account  of  the  construction  thereof,  the  necessary  legal  right 
of  way  or  title  to  the  lands  upon  which  such  road  is  to  be  built  shall  first  have 
been  conveyed  to  the  state  of  California. 

§  2.  Such  road  shall  be  built  under  the  direction  of  three  commissioners 
who  shall  be  known  as  the  Folsom  highway  commissioners,  and  who  shall  be 
appointed  by  the  governor,  and  who  shall  be  residents  of  Sacramento  County, 
who  shall  hold  office  from  the  date  of  their  appointment  until  the  first  day  of 
January,  eighteen  hundred  and  ninety-nine,  and  who  shall  serve  without  com- 
pensation. 

§  3.  The  highway  or  wagon  road  herein  provided  for  shall  be  macadamized, 
be  built  according  to  the  most  approved  methods  of  modern  highway  construc- 
tion, to  be  built  along  the  most  direct  route  available,  and  upon  the  easiest 
grades,  with  proper  drains,  culverts,  and  bridges,  and  .shall  be  of  such  width, 
not  to  exceed  twenty  feet,  as  such  commissioners  shall  deem  expedient  and 
within  the  means  at  their  command. 

§  4.  Immediately  after  the  approval  of  this  act  the  governor  shall  appoint 
the  three  Folsom  highway  commissioners  herein  provided  for,  and  such  com- 
missioners shall  proceed  immediately  to  the  survey  and  location  of  the  road 
herein  provided  to  be  built,  and  to  an  estimate  of  its  cost,  and  shall  cause  all 
work  done  upon  said  highway  to  be  done  either  by  contract  or  day's  labor  or 
both  as  they  should  deem  best. 

§  5.  The  road  herein  provided  for  shall  be  built,  so  far  as  practicable,  from 
broken  or  crushed  stone  or  rock  from  the  rock-crusher  at  the  Folsom  State 
Prison,  and  the  state  prison  directors  are  hereby  directed  and  authorized  to 
supply  such  crushed  or  broken  rock,  together  with  the  necessary  granite  or  stone 
blocks  for  drains,  culverts,  or  bridges,  free  of  cost  or  charge,  other  than  trans- 
portation to  the  Folsom  highway  commissioners  for  the  construction  of  such 
highway. 

§  6.  The  Folsom  highway  commissioners  shall  keep  strict  and  accurate 
accounts  of  every  item  of  expense  paid,  incurred,  or  contracted,  on  account  of 
the  construction  of  the  road  herein  provided  to  be  built,  including  the  value  of 
materials,  work,  or  labor  contributed  or  bestowed  free  of  charge,  and  report  to 
the  legislature  of  California,  at  its  thirty-third  session,  the  exact  cost  of  the 
road  and  separately  the  cost  of  its  grading,  rolling,  the  value  of  the  rock  and 
top  dressing  used,  the  cost  of  spreading  the  same,  and  the  cost  or  re-rollincr.  and 
of  each  stage  of  its  construction.  This  road  shall  be  completed  before  .such 
thirty-third  session  of  the  legislature,  and  the  same  shall  be  exhibited  to  the 


llStt  ROADS    AND    HIGHW^  AYS— STATE,    SONORA    AND    MONO — TRINITY. 

members  of  such  legislature  as  a  sample  of  modern  and  improved  highway  con- 
struction, and  together  with  the  detailed  report  of  the  commissioners,  serve  as 
a  model  and  guide  to  the  legislature,  in  the  consideration  of  necessary  highway 
legislation. 

§  7,     This  act  shall  take  effect  immediately, 

Devine  vs.   Board  Supervrs.,   121  Cal.   671,  54   Pac.   Rep.   262. 

ROADS— STATE,  SONORA  AND  MONO. 

To  appropriate  the  sum  of  twenty  thousand  dollars  for  the  purpose  of  erecting 
and  constructing  bridges,  culverts,  and  grading  upon  the  Sonora  and  Mono 
road,  a  state  highway. 

(Stats.  1905,  146,  ch.  CL.) 

§  1.  The  sum  of  twenty  thousand  dollars  is  hereby  appropriated  out  of  any 
dioney  in  the  state  treasury  not  otherwise  appropriated,  which  moneys  shall  be 
aised  and  expended  in  the  erection  and  construction  of  bridges,  culverts,  and 
grading  upon  the  Sonora  and  Mono  road,  now  a  state  highway;  said  moneys 
shall  be  expended  under  the  supervision  of  the  department  of  highways,  and  the 
accounts  of  all  moneys  expended  by  virtue  of  the  provisions  of  this  act  shall  be 
audited  and  allowed  by  the  state  board  of  examiners,  and  when  so  audited  the 
state  controller  is  hereby  directed  to  draw  his  warrant  on  the  state  treasury 
therefor,  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

§  2.  Five  thousand  dollars  of  the  moneys  appropriated  shall  be  available  on 
and  after  the  passage  of  this  act,  and  the  remaining  fifteen  thousand  dollars  of 
the  moneys  hereby  appropriated  shall  be  available  from  and  after  July  first, 
nineteen  hundred  and  five. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ROADS  AND  HIGHWAYS— TRINITY. 

To  provide  for  locating  and  surveying  a  proposed  highway  from  a  point  on  the 
Trinity  River,  in  Trinity  County,  near  the  town  of  North  Fork,  thence 
westerly  down  said  river  about  forty  miles  to  connect  with  an  existing 
road  in  Humboldt  County,  and  making  an  appropriation  therefor. 

(Stats.  1903,  515,  ch.  CCCLXVI.) 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  the  sum  of  eighteen  hundred  dollars  ($1,800.00), 
for  the  purpose  of  locating  and  surveying  a  proposed  highway  from  a  point  on 
the  Trinity  River,  in  Trinity  County,  near  the  town  of  North  Fork,  thence  west- 
erly down  said  river  about  forty  miles  to  connect  with  an  existing  road  in 
Humboldt  County. 

§  2.  The  survey  above  mentioned  is  hereby  placed  under  the  management  and 
control  of  the  department  of  highways,  of  the  state  of  California,  and  said  de- 
partment shall  assume  the  entire  management  and  control  of  said  survey  for  said 
proposed  highway.  It  shall  furthermore  be  the  duty  of  said  department  to  locate 
and  survey  said  proposed  highway  upon  the  best  grades  and  alignments  which 
the  topography  of  the  country  traversed  will  permit,  and  in  consonance  with 


ROADS    AND    HIGHWAYS— YOSEMITE— APPROPRIATION.  116T 

the  best  interests  of  the  state,  and  the  work  of  locating  and  surveying  shall  be 
prosecuted  as  rapidly  as  possible. 

§  3.  The  money  appropriated  under  the  provisions  of  this  act  is  hereby 
made  available  on  and  after  January  first  nineteen  hundred  and  four.  The  state 
controller  is  hereby  instructed  and  directed  to  draw  his  warrants  at  such  time 
and  in  such  amounts  as  the  department  of  highways  may  present  claims  for. 
Said  warrants  shall  be  drawn  in  favor  of  the  highway  commissioner,  and  the 
state  treasurer  is  hereby  directed  and  instructed  to  pay  said  warrants,  and  the 
said  highway  commissioner  shall  distribute  the  same. 

§  4.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ROADS  AND  HIGHWAYS— YOSEMITE. 

Appropriating  money  for  the  purchase  of  certain  roads  within  the  limits  of  the 

Yosemite  grant. 

(Stats.  1889,  142,  ch.  CXXXIV.) 

§  1.  The  sum  of  fourteen  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  for  the  purchase  of  the 
following  roads  within  the  limits  of  the  Yosemite  grant,  to  be  expended  as 
follows :  The  sum  of  six  thousand  dollars  shall  be  paid  to  the  Big  Oak  Flat  and 
Yosemite  Turnpike  Koad  Company  for  their  road,  running  from  Gentry  sta- 
tion to  the  floor  of  the  valley,  a  di.stance  of  six  miles,  and  known  as  the  "Big  Oak 
Flat  Road ; ' '  and  the  sum  of  eight  thousand  dollars  shall  be  paid  to  the  Yosemite 
Stage  and  Turnpike  Company  for  their  road,  running  from  the  line  of  the 
grant  to  the  floor  of  the  valley,  by  Inspiration  and  iVrtists'  Points,  a  distance  of 
eight  miles,  and  known  as  the  "Yosemite  and  Wawona  Road." 

§  2.  The  controller  of  state  is  hereby  authorized  and  directed  to  draw  his 
warrant  in  favor  of  the  Big  Oak  Flat  and  Yosemite  Road  Company  for  the 
sum  of  six  thousand  dollars,  and  in  favor  of  the  Yosemite  Stage  and  Turnpike 
Company  for  the  sum  of  eight  thousand  dollars,  for  the  purchase  of  the  roads 
specified  and  provided  for  in  section  one  of  this  act,  and  the  state  treasurer  is 
hereby  directed  to  pay  the  same. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ROADS  AND  HIGHWAYS. 

See  tits.   County  Government;   Franchises;   Municipal  Corporations;  Parks; 

Sherman  Island. 

Special    acts    relating    to    roads    In    TTiim-  §2618  of  the  Political  Code  determines  what 

boldt  County  repealed  by  Stats.  1873-4,  359.  are   highways,   and   the  subject   of  manage- 

Acts     referring     to     road.««     in     particular  ment,    etc..    of   highways   is   provided   for   in 

counties    are    omitted    for    the    reason    that  the    same    code. 


ROCK  CRUSHING. 

See  tit.  State  Prisons. 


1158  SACRAMENTO    CITY — SAVAMP    AND    OVERFLOWED    LANDS    OF. 

RODEOS. 

Although  the  laws  on  this  subject  are  con-  and    their    amendments,    as    follows:     Stats, 

tlnued  in  force  by  §19  of  the  Political  Code  1852,  102;  1855,  163;  1858,  70;  1858,  155;  1861, 

and   §23    of    the    Penal    Code,    it   is    believed  180;    1865-6,    673;    1873-4,    793. 

to  be  sufficient  here  to  refer  to  the  statutes  See    tits.    Animals;   Judges    o£   the   Plains. 

ROUGH  AND  READY— TOWN. 

See  tits.  Etna;  Municipal  Corporations. 

SACRAMENTO   CITY. 

Granting  certain  swamp  and  overflowed  lands  to  the  city  of  Sacramento. 
(Stats.  1857,  155,  cli.  CXXXII.) 

§  1.  The  title  of  the  state  of  California  in  and  to  all  the  lands  described  in 
section  second  of  this  act,  is  hereby  given,  granted  and  relinquished  to  the  city 
of  Sacramento. 

§  2.  The  lands  granted  by  this  act  are  described  as  follows,  to  wit :  Beginning 
at  a  point  in  the  city  of  Sacramento,  on  the  east  side  of  Third  Street,  twenty-five 
feet  north  from  I  Street,  and  running  thence  in  an  easterly  direction  six  hun- 
dred and  forty  feet,  in  a  direct  line  to  a  point  seventy  feet  west  from  Fifth 
Street  and  eighty-five  feet  north  from  I  Street.  Thence  in  a  northerly  direction, 
parallel  with  Fifth  Street,  thirty  feet.  Thence  in  a  westerly  direction,  one 
hundred  and  twenty  feet,  in  a  direct  line  to  a  point  on  the  south  line  of  an 
alley  which  is  one  hundred  and  sixty  feet  north  from  I  Street.  Thence  in  a 
northeasterly  direction,  four  hundred  and  fifty  feet,  in  a  direct  line  to  a  point 
on  the  east  line  of  Fifth  Street,  one  hundred  feet  north  from  H  Street.  Thence 
in  an  easterly  direction,  and  parallel  with  H  Street,  eighty  feet.  Thence  at  right 
angles,  and  in  a  northerly  direction,  and  parallel  with  Fifth  Street,  one  hundred 
and  forty-five  feet.  Thence  in  a  northwesterly  direction,  two  hundred  and 
thirty-five  feet,  in  a  direct  line  to  a  point  on  the  west  line  of  Fifth  Street, 
fifteen  feet  north  from  G  Street,  Thence  in  a  westerly  direction,  and  parallel 
with  G  Street,  eighty  feet.  Thence  in  a  northerly  direction,  and  parallel  with 
Fifth  Street,  thirty  feet.  Thence  in  a  westerly  direction,  and  parallel  with 
G  Street,  two  hundred  and  forty  feet,  to  the  east  line  of  Fourth  Street.  Thence 
westerly  two  hundred  and  seventy  feet,  in  a  direct  line  to  a  point  on  the  south 
line  of  G  Street,  one  hundred  and  sixty  feet  west  from  Fourth  Street.  Thence  in 
a  westerly  direction  and  along  the  south  line  of  G  Street,  three  hundred  and 
twenty  feet.  Thence  in  a  southeast  direction,  five  hundred  feet,  in  a  direct  line 
to  a  point  on  the  north  line  of  H  Street,  one  hundred  feet  west  from  Fourth 
Street.  Thence  southerly,  and  parallel  with  Fourth  Street,  two  hundred  and 
forty  feet.  Thence  in  a  southwesterly  direction,  two  hundred  and  forty  feet, 
to  the  east  line  of  Third  Street  at  a  point  fifty  feet  north  from  the  place  of 
beginning.  Thence  south  along  the  east  line  of  Third  Street,  to  the  place  of 
beginning. 

§  3.  It  shall  be  the  duty  of  the  mayor  and  common  council  of  the  city  of 
Sacramento  to  cause  the  land  granted  by  this  act  to  be  surveyed  by  the  city 
surveyor  of  said  city,  and  divided  into  lots  of  convenient  size,  fronting  upon 
Third,  Fourth  and  Fifth  streets,  and  G  and  H  streets,  which  streets  shall  be 
extended  through  said  property  in  accordance  with  the  general  plan  of  the 


I 


SACRAMENTO  COUNTY — RKCORDS   OP — SUPER  VISORS  TO   FURNISH  BOOKS.     lir>J) 

streets  in  said  city,  and  within  six  months  after  the  passage  of  this  act  they 
shall  cause  all  of  said  lots  to  be  sold  at  public  auction,  in  separate  parcels,  to  the 
highest  bidder,  after  having  first  advertised  the  time,  place,  and  terms  of  said  sale, 
at  least  twenty  days  in  some  daily  newspaper  published  in  said  city  of  Sacra- 
mento ;  and  the  proceeds  of  the  sale  of  said  lots  shall  be  exclusively  devoted  to 
constructing  and  grading  Third,  Fourth  and  Fifth  streets,  and  G  and  H  streets, 
within  the  boundaries  mentioned  in  section  two  of  this  act,  until  said  streets 
shall  be  finished  in  a  good  and  substantial  manner,  and  the  residue  of  the 
proceeds  of  said  sale  of  lots,  if  any,  shall  be  paid  into  the  school  fund  of  said 
city  of  Sacramento,  to  be  used  for  common  school  purposes. 

SACRAMENTO   COUNTY— RECORDS. 

Authorizing  the  transcribing  of  certain  records  in  the  county  of  Sacramento. 
(Stats.  1873-4,  475,  ch.  CCCXXIX.) 

§  1.  The  county  recorder  of  the  county  of  Sacramento  is  hereby  authorized 
and  required  to  transcribe  into  such  books  as  are  prescribed  by  law,  and  copy 
the  following  original  books  of  record  now  existing  in  his  office  and  in  his  cus- 
tody, to  wit :  Book  A  of  Deeds,  Book  B  of  Deeds,  Book  A  of  Powers  of  Attorney, 
Book  A  of  Attachments,  Index  of  Attachments,  Index  A  of  Notices  of  Lis  Pen- 
dens, Book  A  of  Judgments,  and  Book  D  of  Mortgages. 

§  2.  The  transcript  hereby  authorized  to  be  made  shall  contain  in  each  book 
the  whole  of  the  corresponding  records  of  said  county  appropriate  to  the  said 
book,  up  to  the  date  of  the  completion  of  the  said  transcript,  and  immediately 
upon  said  completion,  it  shall  be  the  duty  of  the  said  recorder  to  inscribe  in  such 
book,  at  the  end  of  the  portion  of  the  transcript  therein  made,  his  certificate, 
with  his  official  seal  affixed,  to  the  effect  that  he  has  compared  such  copy  with 
the  original,  and  that  the  same  is  a  complete  and  correct  transcript  therefrom, 
and  of  the  whole  of  the  original  records  of  said  county  appropriate  to  the  said 
book. 

§  3.  Immediately  upon  the  affixing  of  the  certificate  mentioned  in  the  last 
section,  the  books  in  which  the  same  shall  be  inscribed  shall  be  and  become  the 
legal  record  books  of  the  said  county  for  the  class  of  records  which  the  same  are 
respectively  appropriated;  and  the  said  recorder  shall  thereafter  employ  and 
use  the  same  as  such  legal  books  of  record. 

§  4.  The  transcript  herein  authorized  to  be  made,  and  every  part  and  parcel 
thereof,  shall  be  held  to  have  the  same  Y^lidity,  force  and  effect  as  the  original 
records,  and  legally  certified  copies  thereof  and  therefrom  shall  be  received  and 
read  in  evidence  in  all  courts,  in  the  same  manner  and  with  like  effect  as  copies 
of  the  original  records. 

§  5.  The  original  books  of  record  so  transcribed,  as  herein  authorized,  shall 
be  preserved  in  a  secure  place  by  the  said  recorder,  and  shall  be  open  to  in- 
spection as  other  records;  and  nothing  herein  contained  shall  be  so  construed 
as  to  impair  the  force  or  validity  of  the  same,  or  of  any  duly  certified  copy 
thereof. 

§  6.  The  board  of  supervisors  of  the  county  of  Sacramento  shall  furnish  all 
the  necessary  books  and  indices  to  the  same,  mentioned  in  or  required  under  the 
provisions  of  section  one  of  this  act. 


1160        SACRAMEXTO   COUXTV  JUDGES — SOLDIERS   AND    SAILORS,   BURIAL    OF. 

§  7.  The  county  recorder  shall  receive  for  his"  services  under  this  act,  in- 
cluding the  certificate  [as]  to  the  correctness  of  the  said  transcript,  tlie  following, 
for  his  own  use  and  benefit,  compensation,  to  wit :  For  each  folio  written,  fifteen 
cents ;  and  for  indexing  each  name,  ten  cents. 

§  8.  All  claims  for  services  performed  under  and  by  virtue  of  this  act  shall 
be  examined  by  the  finance  committee  of  the  board  of  supervisors  of  Sacramento 
County,  and  shall  be  by  said  committee  allowed  at  the  rates  specified  in  section 
seven  of  this  act,  and  shall  be  payable  out  of  and  deducted  from  the  fees  of  his 
office  by  the  recorder,  upon  the  certificate  of  said  committee,  for  the  amounts 
specified  therein,  and  shall  not  be  a  charge  against  the  county. 

§  9.     This  act  shall  take  effect  and  be  in  force  upon  and  after  its  passage. 

SACRAMENTO  COUNTY— EAST  PARK. 

See  tit.  Public  Parks. 

SACRAMENTO  COUNTY. 
See  tit.  Hunting  on  Private  Property. 

SACRAMENTO  COUNTY— JUDGES. 

To  provide  one  additional  judge  of  the  superior  court  of  the  county  of  Sacra- 
mento. 

(Stats.  1895,  48,  ch.  XLIY.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Sacramento 
is  hereby  increased  from  two  to  three. 

§  2.  Within  ten  days  after  the  passage  of  this  act  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Sacramento,  who 
shall  hold  office  until  the  first  Monday  after  the  first  day  of  January,  anno 
Domini  eighteen  hundred  and  ninety-seven ;  and  at  the  next  general  election,  to 
be  held  in  November,  anno  Domini  eighteen  hundred  and  ninety-six,  one  judge 
of  said  court,  in  addition  to  the  present  number  provided  by  law  for  said  county, 
shall  be  elected  to  hold  office  for  the  term  prescribed  by  the  constitution  and 
by  law. 

§  3.  The  salary  of  said  one  additional  judge  shall  be  the  same  in  amount, 
and  shall  be  paid  at  the  same  time  and  in  the  same  manner,  as  that  of  the  other 
judges  of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

SAILORS  AND  SOLDIERS— BURIAL. 

To  provide  for  the  burial  of  ex-Union  soldiers,  sailors,  and  marines  in  this  state 
who  may  hereafter  die  without  leaving  sufficient  means  to  defray  funeral 
expenses. 

(Stats.  1889,  198,  ch.  CLXI;  amended  1901,  596,  ch.  CLXXXIX.) 

§  1.  It  shall  be  the  duty  of  the  board  of  supervisors  of  each  county  in  this 
state  to  designate  a  proper  person  in  the  county,  whose  duty  it  shall  be  to  cause 
to  be  decently  interred  the  body  of  any  honorably  discharged  soldier,  sailor  or 


k 


SOLDIKRS    AND    SAILORS— BLHIAL    OF— EXPENSK    FOR.  1161 

marine  who  shall  have  served  in  the  army  or  navy  of  the  United  States,  who  may 
hereafter  die  without  having  sufficient  means  to  defray  funeral  expenses.  Such 
burial  shall  not  be  made  in  any  cemetery  or  burial  ground,  or  any  portion  of 
such  cemetery  or  burial  ground,  used  exclusively  for  the  burial  of  the  pauper 
dead.  The  expenses  of  each  burial  shall  not  exceed  the  sum  of  fifty  dollars 
($50).     [Amendment,  Stats.  1901,  596.] 

§  2.  The  expenses  of  such  burial  shall  be  paid  by  the  county  in  which  said 
soldier,  sailor,  or  marine  dies ;  but  if  such  deceased  person  has  a  residence  in  any 
other  county  in  this  state  than  the  one  paying  the  expenses,  the  county  of  his 
residence  shall  refund  the  money  advanced  by  the  county  where  he  died.  Ex- 
penses of  such  burial  shall  be  audited  and  paid  as  other  accounts  are  audited  and 
paid  by  the  county;  provided,  that  this  act  shall  not  apply  to  such  soldiers, 
sailors,  or  marines  who  may  hereafter  die  in  the  national  or  state  soldiers'  home 
in  this  state.     [Amendment,  Stats.  1901,  596.] 

§  3.  It  shall  be  the  duty  of  the  person  appointed,  as  provided  in  section  one 
of  this  act,  before  he  assumes  the  charge  and  expenses  of  any  such  burial,  to  first 
satisfy  himself,  by  a  careful  inquiry  into  and  examination  of  all  the  circum- 
stances in  the  case,  that  the  family  of  such  deceased  soldier,  sailor,  or  marine,  if 
he  had  any  at  the  time  of  his  decease  residing  in  such  county,  is  unable  for 
want  of  means  to  defray  the  expenses  of  such  burial  or  funeral ;  and  if  he  finds 
such  inability  to  exist  he  shall  cause  such  deceased  soldier,  sailor,  or  marine  to 
be  buried  as  provided  in  this  act,  and  he  shall  immediately  report  his  action  to 
the  clerk  of  the  board  of  supervisors  of  the  county,  stating  forthwith,  all  the 
facts,  and  that  he  found  the  family  of  such  deceased  person,  if  he  had  any,  in 
indigent  circumstances,  and  unable  to  pay  the  expenses  of  such  funeral  or  burial, 
together  with  the  name,  rank,  and  command  to  which  he  belonged  as  such 
soldier,  sailor,  or  marine,  the  date  of  his  death,  place  where  buried,  and  his 
occupation  while  living,  and  also  an  itemized  statement  of  the  expenses  incurred 
by  reason  of  such  burial.     [Amendment,  Stats.  1901,  596.] 

§  4.  It  shall  be  the  duty  of  the  clerk  of  the  board  of  supervisors,  upon  receiv- 
ing the  report  and  statement  of  expenses  provided  for  in  this  act,  to  transcribe 
in  a  book  kept  for  that  purpose,  all  the  facts  contained  in  such  report  respecting 
such  deceased  soldier,  sailor,  or  marine.  It  shall  also  be  the  duty  of  said  clerk, 
upon  the  death  and  burial  of  any  such  soldier,  sailor,  or  marine,  to  make  appli- 
cation to  the  proper  authorities  under  the  government  of  the  United  States,  for 
a  suitable  headstone,  as  provided  by  act  of  Congress,  and  to  cause  the  same  to 
be  placed  at  the  head  of  such  soldier,  sailor,  or  marine's  grave,  the  expenses  of 
which  shall  not  exceed  the  sum  of  five  ($5.00)  dollars  for  cartage  and  properly 
setting  each  stone.  The  expenses  thus  incurred  shall  be  audited  and  paid  as 
provided  in  section  two  of  this  act  for  burial  expenses.  [Amendment,  Stats. 
1901,  596.] 

§  5.  The  person  appointed  as  provided  in  section  one  of  this  act  .shall  not 
receive  any  compensation  for  any  duties  he  may  perform  in  compliance  with 
this  act.     [Amendment.  Stats.  1901.  596.] 

This  act  shall  take  effect  immediately. 

The  Amendatory  Act  of  1901,  596,  which  purports  to  amend  the  Act  of  1889,  198,  su- 
persedes the  former  act  In  every  section. 


116a         SAN    ANTONIO    CREEK,    ALAMEDA    COUNTY — SWINGING    BRIDGE    FOR. 

SAINT  HELENA— TOWN. 

See  tit.  Municipal  Corporations. 

r 

SALARIES. 

See  tit.  Fees  of  Officers. 

SALINAS— CITY. 

See  tit.  Municipal  Corporations. 

SALMON— SALMON  FALLS. 

See  tit.  Fish  and  Game. 

SALOONS. 

See  tits.  Accounts;  Children;  Intoxicating  Liquors;  Sanitary  Districts. 

SAN  ANTONIO  CREEK— ALAMEDA. 

To  authorize  the  construction  of  a  swing  or  draw  bridge  across  the  San  Antonio 
Creek,  in  the  county  of  Alameda. 

(Stats.  1869-70,  693,  ch.  CCCCLXXI.) 

§  1.  The  mayor  of  the  city  of  Oakland  is  hereby  authorized  to  nominate  and 
appoint  five  persons  as  commissioners,  three  of  whom  shall  be  residents  of  the 
city  of  Oakland  and  two  of  them  residents  of  the  township  of  Alameda,  who 
shall  perform  the  duties  hereinafter  specified,  serving  without  compensation. 

§  2.  After  the  appointment  of  the  said  commissioners  they  shall  organize  by 
electing  one  of  their  number  president  and  another  one  secretary  and  treasurer, 
and  a  regular  record  of  their  proceedings  shall  be  kept,  which  shall  be  prima 
facie  evidence  in  all  courts.  They  shall  proceed  to  procure  plans  and  specifica- 
tions for  the  erection  and  completion  of  a  swing  or  draw  bridge  and  roadway 
across  the  San  Antonio  Creek,  commencing  at  the  foot  of  Webster  Street,  city 
of  Oakland,  and  connecting  the  Oakland  side  of  the  creek  with  such  point  on 
the  south  side  of  the  same  as  they  may  select.  The  bridge  and  roadway  shall 
have  a  width  of  not  less  than  twenty  nor  more  than  thirty  feet,  and  the  bridge 
shall  be  so  constructed  that  when  it  is  swung  it  shall  leave  a  clear  space  of  not 
less  than  eighty  feet  for  the  passage  of  vessels  and  steamers.  AVhen  said  plans 
and  specifications  are  obtained  by  said  commissioners,  they  shall  invite  sealed 
proposals  for  the  construction  of  said  bridge  and  roadway,  by  advertisement  in 
all  the  daily  newspapers  published  in  the  city  of  Oakland  and  in  one  daily  news- 
paper published  in  San  Francisco,  for  a  period  of  thirty  days,  designating  in 
said  notice  when  and  where  such  proposals  shall  be  presented,  and  when  and 
where  the  same  shall  be  opened.  At  the  time  and  place  aforesaid,  as  specified, 
said  commissioners  shall  open  said  proposals,  and  unless  they  shall  be  of  opinion 
that  more  favorable  proposals  can  be  obtained,  shall  award  the  same  to  the 
lowest  responsible  bidder.  But  in  case  they  shall  be  of  opinion  that  more  favor- 
able proposals  can  be  obtained,  then  and  in  that  case  said  commissioners  shall 
again  advertise  as  hereinbefore  directed,  and  make  their  award  as  before  di- 
rected, with  the  same  discretion  as  before  stated.     Every  person  presenting 


SAX   AKTOJVIO   CREEK,   ALAMEDA   COUNTY— SWINGING   BRIDGE   FOR.  1163 

proposals  shall  execute  a  bond  in  the  penalty  of  two  thousand  dollars,  to  the 
people  of  the  state  of  California,  conditioned  that  if  the  contract  is  awarded  to 
him  he  will  entei*  into  and  execute  such  contract  and  perform  the  work  according 
to  the  specification. 

§  3.  The  contract  for  the  construction  of  said  bridge  and  roadway  shall  also 
provide  for  the  construction  of  a  roadway  across  the  marsh  upon  the  Encinal 
of  San  Antonio,  to  such  point  as  said  commissioners  shall  select  upon  the  up- 
land, so  as  to  connect  with  the  streets  upon  said  Encinal,  and  for  this  purpose 
shall  be  authorized  to  lay  out  and  open  a  roadway  across  and  over  said  route, 
and  enter  upon  and  condemn  private  property  under  the  provisions  of  the  law 
applicable  to  railroads,  and  in  the  same  manner  as  therein  provided ;  and  for 
these  purposes,  said  commissioners  shall  be  authorized  to  institute  such  suits  and 
legal  proceedings  as  they  may  deem  necessary. 

§  4.  The  expense  of  the  construction  of  said  bridge  and  roadway  shall  not 
exceed,  in  the  aggregate,  the  sum  of  forty-five  thousand  dollars,  and  shall  be 
collected  and  paid  by  a  special  tax  upon  the  property  in  the  city  of  Oakland,  and 
in  the  township  of  Alameda,  in  the  following  proportions,  that  is  to  say:  One 
half  of  the  cost  of  said  bridge,  but  not  to  exceed  twelve  thousand  five  hundred 
dollars,  shall  be  assessed  upon  the  property  in  the  city  of  Oakland ;  and  one 
half  the  cost  of  said  bridge  and  all  the  cost  of  said  road,  the  whole  not  to  exceed 
thirty-two  thousand  five  hundred  dollars,  upon  the  property  in  the  township  of 
Alameda.  So  soon  as  the  said  commissioners  shall  have  ascertained  the  total 
probable  cost  of  such  bridge  and  roadway,  by  having  made  a  contract  or  con- 
tracts in  proper  form  with  responsible  parties  for  the  construction  of  the  same, 
they  shall  add  to  such  cost  the  incidental  expenses  of  such  proceedings,  includ- 
ing cost  of  publication,  of  plans  and  specifications  and  other  unavoidable  ex- 
penses, all  of  which  incidentals  shall  not  exceed  the  sum  of  five  hundred  dollars ; 
and  said  commissioners  shall  certify  one  half  the  aggregate  cost  of  said  bridge, 
not  to  exceed  twelve  thousand  five  hundred  dollars,  to  the  city  council  of  the 
city  of  Oakland,  who  shall  apportion  the  same  upon  the  taxable  property  in  said 
city  by  fixing  the  rate  per  centum,  or  in  any  other  mode,  in  their  discretion, 
and  provide  by  ordinance  for  the  collection  of  the  same  in  the  same  manner  as 
other  city  taxes  are  collected ;  such  taxes  shall  be  collected  by  the  officer  author- 
ized to  collect  city  taxes  and  shall  be  paid  by  him  into  the  hands  of  the  treasurer 
of  said  commissioners.  The  said  commissioners  shall  in  like  manner  certify  the 
other  half  of  such  cost  of  said  bridge  and  all  the  cost  of  con.structing  said  road, 
not  to  exceed  thirty-two  thousand  five  hundred  dollars,  to  the  board  of  super- 
visors of  the  county  of  Alameda ;  and  said  supervisors  shall  proceed  and  compute 
the  rate  per  centum  necessary  to  be  levied  in  order  to  raise  such  half  of  the  cost 
of  such  improvements,  and  shall,  by  order,  assess  the  same  upon  the  taxable 
property  in  said  township  of  Alameda,  and  the  same  shall  be  collected  in  the 
same  manner,  and  by  the  same  officer,  as  other  county  taxes,  and  when  collected 
shall  be  paid  to  the  treasurer  of  said  commissioners.  All  such  moneys  so  paid 
to  said  commissioners  shall  be  devoted  to  the  construction  of  said  bridge  and 
road,  and  the  expenses  attending  the  same. 

§  5.  Said  bridge  and  roadway,  when  completed,  shall  be  at  all  times  free  and 
open  for  travel  to  the  public.    A  draw  tender  shall  be  constantly  on  duty  to  pass 


1164  SAN     BENITO     COUNTY— ORGANIZATION     OF — BOUNDARIES. 

vessels  through  said  draw.  Said  draw  tender  shall  also  act  as  and  be  one  of  the 
policemen  of  the  city  of  Oakland,  with  the  same  compensation  and  to  be  paid 
in  the  same  manner  as  other  policemen  of  said  city ;  provided,  that  the  com- 
pensation of  said  policeman  shall  be  paid,  one  half  out  of  the  road  fund  of  the 
township  of  Alameda  and  one  half  out  of  the  general  fund  of  the  city  of 
Oakland, 

§  6.  The  said  city  council  of  the  city  of  Oakland  and  the  said  bridge  com- 
missioners and  the  board  of  supervisors  of  Alameda  County  are  hereby  em- 
powered to  pass  any  and  all  orders  and  ordinances,  and  do  any  and  all  acts 
necessary  in  their  judgment  to  carry  into  full  effect  the  provisions  of  this  act. 

§  7.     This  act  shall  take  effect  immediately. 

SAN  ANTONIO  CREEK. 

See  tits.  Fish  and  Game;  Oakland;  San  Antonio  Estuary. 

SAN  ANTONIO  ESTUARY. 
See  tit.  Oakland. 

SAN  BENITO  COUNTY. 

To  create  the  county  of  San  Benito,  to  establish  the  boundaries  thereof,  and  to 

provide  for  its  organization. 

(Stats.  1873-4,  95,  ch.  LXXXVII;  supplemented  1873-4,  428,  ch.  CCXCII. 
The  supplemental  act  is  amended  1875-6,  177,  ch.  CLXXIV.  The  original 
act  is  amended  1887,  103,  ch.  LXXXVI.) 

§  1.  There  shall  be  formed  out  of  the  eastern  part  of  Monterey  County,  a 
new  county,  to  be  called  San  Benito. 

§  2.  The  boundaries  of  San  Benito  County  shall  be  as  follows :  Commencing 
at  a  point  in  the  center  of  the  Pajaro  River,  said  point  being  the  northM'est 
corner  of  the  Rancho  las  Arromitas  y  Agua  Caliente,  and  being  on  the  northern 
boundary  line  of  Monterey  County,  and  running  thence  in  a  southerly  direction 
along  the  southwest  boundary  of  said  rancho  to  the  southwest  corner  thereof; 
thence  southerly  in  a  direct  line  to  the  summit  of  the  Gabilan  range  of  moun- 
tains, and  thence  southeasterly  along  the  summit  of  said  Gabilan  Mountains 
to  the  Chalon  Peak;  thence  southeasterly  in  a  direct  line  to  the  division  line  of 
the  parts  of  the  San  Lorenzo  Sobrantes  Rancho  owned  respectively  by  Breen  and 
Dunn,  thence  along  said  dividing  line  of  said  rancho  to  the  southern  boundary 
thereof ;  thence  due  south,  to  the  San  Lorenzo  Creek ;  thence  southeasterly  up  the 
center  of  said  San  Lorenzo  or  Lewis  Creek,  and  up  the  north  fork  thereof,  to 
the  summit  of  the  divide  between  the  waters  of  said  Lewis  Creek  and  San  Benito 
Creek;  thence  following  said  divide  southerly  to  the  eastern  boundary  of  Mon- 
terey County  and  the  summit  of  the  Coast  Range  of  mountains;  thence  north- 
erly, following  the  summit  of  said  mountains  to  where  the  range  line  between 
townships  eighteen  south,  of  ranges  twelve  and  thirteen  east,  Mount  Diablo 
meridian,  crosses  the  same;  thence  northerly  along  said  range  line  to  the  north- 
east corner  of  township  eighteen  south,  range  twelve  east,  thence  northerly  along 
said  township   line  to  the  southeast  corner  of  township  sixteen  south,  range 


SAN   BENITO   COUNTY — ORGANIZATION — COUNTY   JUDGE,   APPOINTMENT.        1165 

twelve  east,  Mount  Diablo  base  and  meridian,  thence  northwest  in  a  straight  line 
to  the  northeast  corner  of  township  fourteen  south,  range  nine  east;  thence  in 
a  straight  line  northwesterly,  running  toward  the  northeast  corner  of  township 
thirteen  south,  range  seven  east,  to  a  point  where  said  line  intersects  the 
present  boundary  line  between  the  counties  of  San  Benito  and  Merced;  thence 
along  the  present  boundary  line  between  the  counties  of  San  Benito  and  Merced 
to  the  northeast  corner  of  San  Benito  County  and  southeast  corner  of  Santa 
Clara  County;  thence  following  the  present  county  line  between  the  counties  of 
Santa  Clara  and  San  Benito,  and  Santa  Cruz  and  San  Benito,  to  the  place  of 
beginning.  The  county  of  San  Benito  shall  pay  to  the  counties  of  Fresno  and 
Merced  the  proportions  of  the  respective  indebtedness  of  said  counties,  equitably 
chargeable  against  said  county  of  San  Benito,  the  amount  thereof  payable  to 
each  of  said  counties  to  be  ascertained  and  determined  by  the  boards  of  super- 
visors of  the  counties  of  San  Benito,  Merced,  and  Fresno;  and  in  determining 
the  amounts  justly  chargeable  to  said  San  Benito  County,  said  boards  of  super- 
visors shall  ascertain  the  amount  of  the  indebtedness  of  each  of  the  counties  of 
Fresno  and  Merced,  and  deduct  therefrom  the  value  of  all  county  property  and 
legal  assets;  and  the  county  of  San  Benito  shall  pay  such  proportion  of  the 
balance  of  such  indebtedness  as  the  assessed  value  of  the  property  in  the  terri- 
tory transferred  from  said  counties,  respectively,  to  said  San  Benito  County 
bears  to  the  value  of  the  property  remaining  in  said  counties  of  Fresno  and 
Merced,  according  to  the  assessment  rolls  of  said  counties  for  the  year  anno  Domini 
eighteen  hundred  and  eighty-six ;  and  the  amounts  thus  determined  by  said 
boards  of  supervisors  as  justly  payable  by  said  county  of  San  Benito  to  the 
respective  counties  of  Merced  and  Fresno,  shall  be  paid  as  other  indebtedness 
of  said  county  is  or  shall  be  payable.     [Amendment,  Stats.  1887,  103.] 

§  3.  The  seat  of  justice  shall  be  at  the  town  of  Ilollister  until  otherwise  pro- 
vided by  this  act. 

§  4.  The  governor  of  this  state  shall,  when  this  act  takes  effect,  appoint  some 
suitable  person,  resident  of  San  Benito  County,  to  act  as  county  judge  of  said 
county,  whose  term  of  office  shall  continue  until  the  first  Monday  of  January, 
one  thousand  eight  hundred  and  seventy-six,  and  until  his  successor  is  electee? 
and  qualified,  and  who  shall  hold  his  office  and  reside  at  the  county  seat.  There 
shall  be  chosen  by  the  qualified  electors  thereof,  at  the  judicial  election  to  be 
holden  in  the  year  eighteen  hundred  and  seventy-five,  and  every  four  years 
thereafter,  a  county  judge  for  San  Benito  County,  whose  term  of  office  shall 
commence  on  the  first  Monday  of  January  succeeding  his  election,  and  continue 
for  the  term  of  four  years.  Said  county  judge  of  San  Benito  County  shall 
receive  a  salary  of  twelve  hundred  dollars  per  annum,  to  be  paid  monthly.  Said 
county  judge  shall  hold  the  courts  required  by  law  to  be  held  by  county  judges. 
There  shall  be  four  regular  terms  of  the  county  court  held  in  each  year,  said 
terms  to  commence  on  the  first  Monday  in  February,  May,  August  and  Novem- 
ber; provided,  however,  the  county  judge  may  call  and  hold  special  terms  of  the 
probate  court  whenever  public  necessity  may  require.  Said  county  judge  shall 
discharge  all  the  duties  required  by  law  of  county  judges  in  this  state. 

§  5.  There  shall  be  an  election  held  in  the  county  of  San  Benito  within  sixty 
days  from  the  first  meeting  of  the  commissioners  hereinafter  provided  for. 
There  shall  be  chosen  at  said  election,  by  the  qualified  electors  of  said  county. 


1166         SAN    BENITO    COUNTY — ORGANIZATION — BOARD    OF    C0MMISS.10INKRS. 

one  district  attorney,  one  county  clerk,  who  shall  be  ex  officio  auditor,  recorder, 
and  clerk  of  the  board  of  supervisors,  and  ex  officio  clerk  of  the  county,  probate, 
and  district  courts,  one  county  superintendent  of  public  schools,  cue  sheriff,  who 
shall  be  ex  officio  county  tax  collector,  one  county  assessor,  one  county  treasurer, 
one  county  surveyor,  one  county  coroner,  who  shall  be  ex  officio  public  admin- 
istrator. Said  county  officers  shall  hold  their  respective  offices  until  the  first  Mon- 
day in  March,  anno  Domini  eighteen  hundred  and  seventy-six,  and  until  their 
successors  are  elected  and  qualified.  There  shall  be  chosen  at  the  same  election,  by 
the  qualified  electors  thereof,  one  supervisor  for  each  supervisor  district  in  said 
county,  who  shall  hold  their  offices  as  follows:  District  number  one,  until  the 
first  Monday  in  January,  anno  Domini  eighteen  hundred  and  seventy-five;  dis- 
trict number  two,  until  the  first  Monday  in  January,  anno  Domini  eighteen 
hundred  and  seventy-six;  and  district  number  three,  until  the  first  Monday  in 
January,  anno  Domini  eighteen  hundred  and  seventy-seven.  There  shall  be 
chosen  at  said  election,  by  the  qualified  electors  thereof,  two  constables  for  each 
township,  and  one  road  overseer  for  each  road  district  in  said  county ;  provided 
that  all  the  justices  of  the  peace,  elected  at  the  judicial  election  held  in  the  year 
anno  Domini  eighteen  hundred  and  seventy-three,  residents  of  San  Benito 
County,  shall  hold  their  offices  for  the  time  provided  by  law,  upon  having  duly 
qualified  as  justices  of  the  peace  of  San  Benito  County  for  the  respective  town- 
ship in  which  they  severally  reside,  as  said  townships  are  organized  by  the 
action  of  the  board  of  commissioners  provided  for  by  this  act.  The  terms  of 
offices  of  justices  of  the  peace,  constables,  and  road  overseers  of  San  Benito 
County,  shall  be  the  same  as  in  other  counties  of  this  state.  At  said  election 
shall  also  be  submitted  to  the  qualified  electors  the  permanent  location  of  the 
county  seat  of  said  San  Benito  County,  and  the  place  receiving  the  highest  num- 
ber of  votes  therefor  shall  be  declared  by  the  commissioners  the  permanent 
county  seat  of  said  county. 

§  6.  The  governor  shall,  when  this  act  takes  effect,  appoint  five  persons,  resi- 
dents of  the  proposed  county,  w-ho  shall  be  and  constitute  a  board  of  commis- 
sioners to  perfect  the  organization  of  said  San  Benito  County,  a  majority  of 
whom  shall  constitute  a  quorum.  Said  commissioners  shall  meet  in  the  town  of 
Hollister,  within  twenty  days  after  their  appointment,  and  after  being  duly 
sworn  to  faithfully  discharge  their  duties  as  prescribed  by  this  act,  shall  organ- 
ize, by  electing  from  their  number  a  president  and  clerk.  They  shall  then  divide 
said  county  into  townships,  define  their  boundaries,  and  designate  the  names 
of  each.  They  shall  also  divide  said  county  by  townships  into  three  supervisor 
districts,  and  number  the  same.  They  shall  also  establish  election  precincts,  and 
appoint  one  inspector  and  two  judges  of  election  for  each  precinct  in  said 
county.  They  shall  give  thirty  days'  notice,  by  proclamation  in  some  newspaper 
published  in  the  county,  of  the  officers  to  be  elected,  the  precincts  to  be  estab- 
lished, the  officers  of  election,  and  shall  designate  the  boundaries  of  each  district, 
with  their  names  and  numbers.  Said  commissioners  shall,  on  the  second  Mon- 
day after  said  election,  meet  at  the  county  seat  as  a  board  of  canvassers,  and 
proceed  to  canvass  the  election  returns.  Said  commissioners,  their  president 
and  clerk,  are  hereby  authorized  and  required  to  discharge  the  same  duties  as 
are  now  required  by  law  of  boards  of  supervisors  and  county  clerks,  in  counties 
in  this  state,  so  far  as  the  same  applies  to  holding  elections,  canvassing  election 


SAN    BENITO    COUNTY— ORGANIZATION— BOARD    OF    SUPERVISORS.  1167 

returns,  and  issuing  certificates  of  election.  They  shall  keep  a  full  record  of  all 
their  proceedings,  and  file  the  same  with  the  original  election  returns,  in  the 
county  clerk's  office,  as  soon  as  he  shall  have  been  qualified,  and  thereafter  the 
powers  and  duties  of  said  commissioners  shall  cease  and  determine. 

§  7.  It  shall  be  the  duty  of  the  board  of  supervisors  of  San  Benito  County, 
whose  election  is  by  this  act  provided  for,  to  meet  at  the  county  seat  on  the  first 
Monday  of  the  month  subsequent  to  their  election  and  qualification,  and  elect 
the  member  from  district  number  one  chairman.  They  shall  then  allow  such 
per  diem  and  mileage  to  the  commissioners  and  officers  of  election  as  they  may 
think  proper  and  just,  and  such  allowance  shall  be  paid  by  a  warrant  drawn 
in  favor  of  each  by  the  proper  officers.  The  board  of  supervisors  shall  procure 
and  provide  a  suitable  building  or  buildings,  to  be  used  as  a  court-house  and  jail 
and  for  the  accommodation  of  the  various  officers;  and  for  such  purposes  they 
are  hereby  authorized  to  rent,  or  purchase,  or  construct,  suitable  buildings. 
And  in  case  of  purchase  or  construction,  said  board  are  authorized  to  issue 
bonds  of  said  county,  not  exceeding  the  sum  of  twenty  thousand  dollars,  bearing 
ten  per  centum  per  annum  interest,  and  payable  within  such  times  as  the  board 
may  direct,  not  exceeding  fifteen  years  from  the  date  of  issue  thereof;  and,  pro- 
vided, that  said  bonds  shall  not  be  disposed  of  or  sold  on  behalf  of  said  county 
for  a  less  sum  than  ninety  cents  on  the  par  value  thereof.  The  board  shall,  in 
accordance  with  the  general  laws  governing  boards  of  supervisors,  levy  state 
and  county  taxes ;  provided,  that  for  the  general  fund  they  shall  have  power  to 
levy  not  exceeding  ninety  cents  on  each  one  hundred  dollars  of  value  of  taxable 
property  in  said  county.  They  may  also  levy  a  tax  not  exceeding  ten  cents  upon 
each  one  hundred  dollars  of  value  of  the  taxable  property  of  said  county,  which, 
w^hen  collected,  shall  be  set  aside  and  known  as  the  "Contingent  Fund,"  and 
which  shall  be  used  exclusively  for  the  payment  of  necessary  repairs  upon 
county  buildings,  for  the  purchase  of  record  books,  stationery,  fuel,  and  lights 
for  county  offices ;  and,  in  case  of  the  purchase  or  construction  of  county  build- 
ings, and  the  issue  of  bonds  in  payment  therefor,  then  the  board  of  supervisors 
are  further  authorized  to  make  an  additional  levy,  not  exceeding  twenty  cents 
on  each  one  hundred  dollars  of  value  of  taxable  property  of  said  county,  which, 
when  collected,  shall  be  set  aside  and  known  as  the  "Building  Fund,"  and  shall 
be  used  only  in  the  redemption  of  bonds  issued  for  the  purpose  of  purchasing  or 
constructing  county  buildings  and  paying  yearly  interest  thereon. 

§  8.  All  actions,  or  proceedings  in  the  nature  of  actions,  whether  original  or 
upon  appeal,  civil  or  criminal,  which  shall  be  pending  in  the  district  court, 
county  court,  or  probate  court,  in  the  county  of  IMonterey,  at  the  time  of  the 
organization  of  San  Benito  County,  w'here  the  defendants  therein  reside  in  said 
San  Benito  County,  shall  be  removed  for  trial  and  final  determination  to  the 
proper  courts  of  San  Benito  County,  on  motion  of  any  party  interested ;  and, 
provided,  that  all  criminal  causes,  where  the  otrense  was  committed  within  the 
limits  of  San  Benito  County,  shall,  upon  application  of  the  district  attorney  of 
San  Benito  County,  be  removed  to  San  Benito  County. 

§  9.  The  board  of  supervisors  of  San  Benito  County  are  hereby  authorized 
to  contract  with  some  competent  person  for  transcribing  from  the  records  of 
Monterey  County  such  parts  thereof  as  relate  to  property  situated  in  San  Benito 
County,  and  for  such  purpose  shall  provide  suitable  books,  and  said  records, 


1168  SAN    BENITO    COUNTY — ORGANIZATION — COUNTY    OFFICERS. 

when  so  transcribed  and  certified,  shall  have  the  same  force  and  effect  as  such 
original  records.  The  person  so  employed  shall  have  access  to  said  records  of 
Monterey  County  for  said  purpose  of  transcribing  the  same.  The  compensation 
for  said  services  shall  be  fixed  and  allowed  by  the  board  of  supervisors  of  San 
Benito  County,  and  paid  out  of  the  general  fund  of  said  county. 

§  10.  The  county  of  San  Benito  shall  be  attached  to  and  form  a  part  of  the 
twentieth  judicial  district. 

§  11.  The  county  officers  of  San  Benito  County  shall,  except  as  otherwise 
provided  by  this  act,  be  elected  at  the  same  time  as  county  officers  in  other 
counties  of  this  state,  and  shall  hold  their  offices  for  the  term  fixed  by  law.  They 
shall  give  bonds  for  the  faithful  discharge  of  their  duties,  to  be  approved  by 
the  county  judge,  in  the  following  sums :  The  sheriff,  in  the  sum  of  eight  thou- 
sand dollars,  and  as  ex  officio  county  tax  collector,  in  the  sum  of  twenty-five 
thousand  dollars;  the  county  clerk,  in  the  sum  of  five  thousand  dollars,  and  as 
■ex  officio  recorder  and  auditor,  in  the  sum  of  five  thousand  dollars  each;  the 
county  treasurer,  in  the  sum  of  thirty  thousand  dollars ;  the  district  attorney,  in 
the  sum  of  four  thousand  dollars ;  the  county  surveyor,  in  the  sum  of  three  thou- 
sand dollars;  the  coroner  and  ex  officio  public  administrator,  in  the  sum  of  five 
thousand  dollars;  each  supervisor,  in  the  sum  of  two  thousand  dollars;  and 
each  ju.stice  of  the  peace,  constable,  and  road  overseer,  in  the  sum  of  two  thou- 
sand dollars.  The  supervisors  of  San  Benito  County  shall  provide  for  the 
election  of  their  own  successors,  whose  term  of  office  shall  be  three  years. 

§  12.  All  officers  provided  for  by  this  act  shall  perform  duties  as  required 
by  the  general  laws  of  the  state,  unless  otherwise  provided  by  this  act. 

§  13.  The  officers  of  San  Benito  County  shall  receive  the  following  salaries 
and  fees:  The  treasurer  shall  receive,  per  annum,  the  sum  of  one  thousand 
dollars ;  the  district  attorney,  the  sum  of  twelve  hundred  dollars ;  the  superin- 
tendent of  public  schools,  the  sum  of  five  hundred  dollars;  the  assessor,  the  sum 
of  one  thousand  dollars  per  annum;  and  each  member  of  the  board  of  super- 
visors shall  receive  a  per  diem  of  five  dollars,  for  each  day's  service  as  a  mem- 
ber of  the  board,  and  twenty-five  cents  per  mile  in  going  to  the  county  seat  to 
attend  the  sessions  of  said  board.  The  fees  and  salaries  of  all  officers,  except 
as  herein  .specially  named,  shall  be  the  same  as  now  allowed  said  officers  in  Mon- 
terey County  for  like  services. 

§  14.  San  Benito  County  shall  be  entitled  to  five  notaries  public  as  provided 
for  by  law. 

§  15.  The  superintendent  of  public  schools  of  the  county  of  Monterey  shall 
furnish  the  superintendent  of  public  schools  of  San  Benito  County  with  a  certi- 
fied copy  of  the  last  school  census  lists  of  the  different  school  districts  in  the 
territory  set  apart  to  form  San  Benito  County,  and  shall  draw  his  warrant  on 
the  treasurer  of  Monterey  County  in  favor  of  the  superintendent  of  schools  of 
San  Benito  County,  for  all  money  that  is  or  may  be  due  by  apportionment  or 
otherwise  to  the  different  school  districts  of  San  Benito  County,  and  the  auditor 
of  Monterey  County  shall  in  like  manner  draw  his  warrant  in  favor  of  the 
auditor  of  San  Benito  County  for  all  money  that  is  or  may  be  due  by  ap- 
portionment or  otherwise  to  the  different  road  district  funds  in  the  terri- 
tory set  apart  to  form  San  Benito  County,  and  said  money  shall  be  paid  into 


SAN  BENITO  COUNTY— CREATION,  ORGANIZATION— SUPPLEMENTARY  ACT.      1100 

the  treasury  of  San  Benito  County,  and  be  properly  credited  to  the  respective 
districts  in  said  county. 

§  16.  All  delinquent  taxes  due  to  the  county  of  Monterey  at  the  time  this 
act  takes  effect,  from  the  persons  or  property  in  San  Benito  County,  shall  be 
paid  to  and  collected  by  the  proper  officers  of  San  Benito  County,  and  the 
auditor  of  Monterey  County  shall  certify  such  delinquent  taxes  and  tax  lists 
in  duplicate  to  the  collector  and  auditor  respectively  of  San  Benito  County. 
They  shall  be  collected  by  the  officers  of  San  Benito  County  in  the  same  manner 
as  delinquent  taxes  are  collected  in  other  counties  in  this  state. 

§  17.  All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  the  provisions 
of  this  act,  are  hereby  repealed. 

§  18.     Thi.s  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See    supplemental    act,    next   following-. 

In  re  Madera  Irrigation  Dist..  92  Cal.  296,  329,  27  Am.  St.  Rep.  106,  28  Pac.  Rep. 
272,    675,    14    L.    R.   A.    755n. 

Supplementary  to  an  act  to  create  the  county  of  San  Benito,  to  establish  the 
boundaries  thereof,  and  to  provide  for  its  organization,  approved  Febru- 
ary twelfth,  eighteen  hundred  and  seventy-four. 

(Stats.  1873-4,  428;  amended  Stats.  1875-6,  177.) 

§  1.  The  board  of  supervisors  of  San  Benito  County  are  authorized  and 
directed,  at  their  regular  meeting  in  May,  eighteen  hundred  and  seventy-six, 
to  appoint  two  citizens  and  taxpayers  residents  of  San  Benito  County,  to  act 
as  members  of  a  board  of  commissioners,  with  the  powers  and  duties  herein 
mentioned.  The  board  of  supervisors  of  Monterey  County  are  authorized  and 
directed,  at  their  regular  meeting  in  May,  eighteen  hundred  and  seventy-six,  to 
appoint  two  citizens  and  taxpayers,  residents  of  Monterey  County,  to  act  as 
members  of  the  board  of  commissioners  above  named.  The  four  persons  ap- 
pointed as  above  provided  shall  constitute  a  board  of  commissioners  to  determine 
and  settle  all  financial  differences  between  the  said  counties  of  IMonterey  and 
San  Benito.  Said  commissioners  shall  meet  on  the  first  Monday  in  June,  anno 
Domini  eighteen  hundred  and  seventy-six,  at  Salinas  City,  Monterey  County, 
and,  after  being  sworn,  shall  organize  by  appointing  from  their  number  a 
president  and  secretary,  and  shall  immediately  proceed  to  determine  the  indebt- 
edness, if  any,  of  Monterey  County  on  the  twelfth  day  of  February,  anno  Dom- 
ini eighteen  hundred  and  seventy-four.  Said  indebtedness  shall  be  not  only 
that  ascertained  and  established  by  the  board  of  supervisors  of  Monterey  County 
prior  to  said  twelfth  day  of  February,  anno  Domini  eighteen  hundred  and 
seventy-four,  but  such  indebtedness  as  was  subsequently  ascertained  and  deter- 
mined and  allowed  by  said  board  on  bills  and  accounts  which  should  have  been 
presented  to  such  board  of  supervisors  prior  to  said  date,  and  which  were  due 
and  owing  and  legal  charges  against  said  Monterey  County  on  said  twelfth  day 
of  February.  After  ascertaining  said  indebtedness,  they  shall  then  ascertain 
the  total  market  ca.sh  value  of  all  the  assets  and  real  and  personal  property 
belonging  to  Monterey  County  at  said  date.  They  shall  then,  also,  ascertain 
the  assessed  value,  under  the  assessment  of  the  year  eighteen  hundred  and 
seventy-three,  of  the  property  of  Monterey  County  and  of  the  property  in  the 
territory  hereby  set  apart  to  form  San  Benito  County.     Then,  after  deducting 

Gen.  I-.aws — 74 


1170      SAN   BENITO  COUNTY— CREATION,  ORGANIZATION— SUPPLEMENTARY  ACT. 

the  total  value  of  assets  and  property  aforesaid  from  said  amount  of  said 
indebtedness,  so  as  to  ascertain  the  actual  indebtedness,  if  any,  the  proportion 
due  from  the  county  of  San  Benito  shall  be  ascertained  as  follows :  As  the  total 
assessed  value  of  property  in  the  territory  taken  from  Monterey  County  to  form 
San  Benito  County  is  to  the  total  assessed  value  of  said  Monterey  County,  so 
shall  be  the  proportion  of  the  actual  indebtedness  of  San  Benito  County  to 
Monterey  County.  But  if  said  commissioners  ascertain  that  the  assets  and 
property  belonging  to  Monterey  County  exceed  the  said  ascertained  indebted- 
ness as  herein  named,  then  they  shall  ascertain,  in  the  same  manner  as  herein 
named,  the  proportion  thereof  belonging  to  San  Benito  County,  and  when  so 
ascertained,  said  commissioners  shall  certify  to  the  board  of  supervisors  of  their 
respective  counties  the  amount  of  said  excess  of  debt  or  value.  In  case  of  the 
death,  resignation,  or  failure  to  qualify  of  either  of  the  commissioners  herein 
appointed,  the  vacancy  shall  be  filled  by  the  board  of  supervisors  of  the  county 
to  which  said  commissioners  belonged.  If  a  majority  of  said  commissioners 
cannot  agree  upon  any  of  the  matters  herein  submitted  to  them,  then  and  in 
that  event  the  Hon.  David  Belden,  district  judge  of  the  third  judicial  district 
of  the  state  of  California,  on  the  application  of  any  two  of  said  commissioners, 
shall  appoint  some  citizen  and  taxpayer  of  this  state,  and  not  a  resident  of 
either  of  said  counties.  The  person  so  appointed  shall  constitute  a  member  of 
said  commission,  and  the  judgment  of  a  majority  of  such  commission  shall  be 
final.  If  said  indebtedness  exceeds  the  said  value  as  herein  named,  then  the 
board  of  supervisors  of  San  Benito  County  shall  cause  to  be  issued  forthwith 
the  bonds  of  San  Benito  County,  payable  in  five  years  from  date  of  issue,  to  the 
county  of  Monterey  for  such  sum  as  shall  be  so  certified  by  said  board  of  com- 
missioners; and  if  said  assets  and  property  exceed  said  debt,  then  the  board  of 
supervisors  of  Monterey  County  shall  cause  to  be  issued  the  bonds  of  Monterey 
County,  payable  in  five  years  from  date  of  issue,  to  the  county  of  San  Benito, 
for  such  sum  as  shall  be  so  certified  by  said  board  of  commissioners  to  be  due. 
In  either  case,  the  bonds  so  issued  shall  bear  interest  at  the  rate  of  seven  per 
centum  per  annum,  payable  annually;  and  said  board  so  issuing  said  bonds 
shall  levy  annually,  and  cause  to  be  collected  as  other  state  and  county  taxes 
are  collected,  a  tax  of  not  less  than  three  cents  on  each  one  hundred  dollars  of 
value  of  the  taxable  property  in  the  county,  which,  when  so  collected,  shall  be 
set  aside  and  appropriated  to  the  payment  of  the  interest  on  said  bonds  so 
issued,  and  shall  be  paid  on  said  bonds  whenever  the  amount  of  five  hundred 
dollars  shall  have  been  received  and  said  bonds  presented  for  payment. 
[Amendment,  Stats.  1875-6,  177.] 

§  2.  Said  commissioners  shall  receive  ten  dollars  per  day  from  their  respec- 
tive counties;  provided,  that  if  a  fifth  commissioner  be  appointed  as  herein 
provided,  his  services  shall  be  paid  by  the  two  counties  jointly.  [Amendment, 
Stats.  1875-6,  177.] 

§  3.  The  terras  of  the  district  court,  in  and  for  San  Benito  County,  shall  be 
held  on  the  first  Mondays  of  April,  August,  and  December;  and  the  county 
courts,  first  Mondays  of  February  and  May,  third  Monday  of  August,  and  first 
Monday  of  November  of  each  year. 

§  4.  The  terms  of  the  probate  court,  in  and  for  San  Benito  County,  shall  be 
held  on  the  first  Monday  of  every  month. 


SAN    BENITO    COUNTY— RECORDS     OF— TRANSCRIBING    OF.  1171 

§  5.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed.  [Amendment,  Stats.  1875-6,  177.  Act  also  contained  the  fol- 
lowing section:    §  4.  This  act  shall  take  effect  on  after  its  passage.] 

SAN  BENITO  COUNTY— RECORDS. 

To  legalize  and  make  valid  the  transcribed  records  of  San  Benito  County. 
(Stats.  1875-6,  512,  eh.  CCCLXX.) 

§  1.  The  transcribed  records  now  in  possession  of  the  county  clerk  and  county 
recorder  of  San  Benito  County,  transcribed  from  the  original  records  of  ^lon- 
terey  County  by  W.  M.  R.  Parker,  under  the  order  of  the  board  of  supervisors 
of  San  Benito  County,  heretofore  made,  are  hereby  declared  to  be  valid,  and 
the  same  shall  be  received  in  all  the  courts  of  this  state,  and  in  all  proceedings, 
as  evidence,  with  the  full  effect,  and  subject  to  the  same  objections  only,  as  may 
be  made  to  said  originals.  Certified  copies  of  said  transcribed  records  shall  also 
be  received  with  the  same  force  and  effect  as  certified  copies  of  said  original 
records. 

§  2.     This  act  shall  take  effect  immediately. 

See    next    foUowing    statute. 

SAN  BENITO  COUNTY— RECORDS. 

Directing  the  transcription  of  all  matters  of  record  in  the  offices  of  the  county 
clerks  and  county  recorders  of  the  counties  of  Fresno  and  Merced,  concern- 
ing real  estate  in  the  territory  taken  from  those  counties  and  added  to  that 
of  the  county  of  San  Benito  by  act  of  the  legislature,  entitled  an  act  to 
amend  an  act  to  create  the  county  of  San  Benito,  to  establish  the  boundaries 
thereof,  and  to  provide  for  its  organization,  approved  February  twelfth, 
eighteen  hundred  and  seventy-four,  providing  for  a  change  and  the  estab- 
lishment of  the  boundaries  thereof,  the  same  to  include  therein  portions  of 
the  counties  of  Fresno  and  Merced,  and  to  provide  for  the  payment  of  the 
portions  of  the  indebtedness  of  said  counties  equitably  chargeable  to  San 
Benito  County,  approved  March  eleventh,  eighteen  hundred  and  eighty- 
seven. 

(Stats.  1889,  107,  eh.  CV.) 

§  1.  The  board  of  supervisors  of  the  county  of  San  Benito  is  hereby  directed, 
within  sixty  days  after  the  passage  of  this  act,  to  appoint  some  suitable  and 
competent  person  to  transcribe  all  matters  of  record  in  the  offices  of  the  county 
recorder  and  county  clerk  of  the  counties  of  Fresno  and  Merced,  relative  to  the 
real  estate  or  evidencing  or  concerning  title  to  the  lands  embraced  within  the 
territory  taken  from  the  counties  of  Fresno  and  IMerced  and  added  to  that  of 
the  county  of  San  Benito  by  an  act  of  the  legislature  entitled  "An  act  to  amend 
an  act  entitled  an  act  to  create  the  county  of  San  Benito,  to  establish  the  bound- 
aries thereof  and  to  provide  for  its  organization,"  approved  February  twelfth, 
eighteen  hundred  and  seventy-four,  providing  for  a  change  and  the  establishment 
of  the  boundaries  thereof,  the  same  to  include  therein  portions  of  the  counties 
of  Fresno  and  Merced,  and  to  provide  for  the  payment  of  the  portions  of  the 
indebtedness  of  said  counties  equitably  chargeable  to  San  Benito  County. 


1172  SAN    BENITO    COUNTY— RECORDS — SAN    BERNARDINO    CITY. 

§  2.  The  person  so  appointed  shall  within  six  months  from  his  said  appoint- 
ment fully  and  correctly  transcribe  or  cause  to  be  transcribed  all  of  the  records 
mentioned  in  this  act,  and  shall  index  the  same  in  separate  index  books  in  the 
same  manner  as  similar  matters  are  now  required  by  law  to  be  indexed.  Upon 
the  completion  of  said  transcription  by  such  person  he  shall  certify  to  the  cor- 
rectness thereof  and  file  the  same  in  the  office  of  the  county  recorder  of  the 
said  county  of  San  Benito,  and  the  same  shall  thereafter  be  valid  and  consid- 
ered a  part  of  the  records  of  said  county  of  San  Benito  and  shall  be  received  in 
all  the  courts  of  this  state  or  elsewhere,  and  in  all  proceedings  as  evidence,  with 
the  same  force  and  full  effect  and  subject  to  the  same  objections  only  as  may  be 
made  to  the  records  from  which  such  transcription  is  made;  that  is  to  say,  said 
transcription  and  all  parts  thereof  shall  be  considered  as  prima  facie  evidence 
of  the  original  records  and  the  papers  from  which  said  original  record  was 
made,  and  shall  be  received  in  evidence  the  same  as  said  original  records.  Certi- 
fied copies  of  said  transcription  or  parts  thereof  may  in  all  cases  be  used  with 
the  same  force  and  effect  as  certified  copies  of  the  original  record  might  have 
been  used,  and  the  custodian  of  said  transcribed  records  is  hereby  authorized 
to  make  certified  copies  of  said  transcribed  records  the  same  as  other  records. 

§  3.  The  person  appointed  and  making  such  transcription  shall  receive  as 
compensation  therefor  the  sum  of  twenty-five  cents  per  folio  for  all  matters  so 
transcribed,  and  ten  cents  for  each  name  indexed;  the  same,  together  with  the 
cost  of  all  books,  maps,  and  papers  necessary  for  such  transcription  and  index- 
ing thereof,  shall  be  a  charge  against  said  county  of  San  Benito. 

§  4.  The  person  appointed  shall  have  access  to  all  the  records  of  said  counties 
of  Fresno  and  Merced  for  said  purpose  of  transcribing  the  same. 

§  5.     This  act  shall  take  and  be  in  effect  from  and  after  its  passage. 

SAN    BERNARDINO— CITY. 

To  grant  to  the  town  of  San  Bernardino  all  the  interest  of  the  state  in  certain 

real  property. 
(Stats.  1871-2,  362,  ch.  CCLXIII.) 

§  1.  All  the  right,  title,  interest,  and  claim  of  this  state  in  and  to  all  real 
estate  which  was  owned  by  the  city  of  San  Bernardino,  or  which  said  city  had 
any  interest  in  at  the  time  of  the  passage  of  the  act  of  the  legislature  of  this 
state  entitled  "An  act  to  repeal  an  act  to  authorize  the  incorporation  of  the  city 
of  San  Bernardino,"  passed  April  thirteenth,  eighteen  hundred  and  fifty-four, 
approved  March  sixth,  one  thousand  eight  hundred  and  sixty-three,  which  may 
have  vested  in  or  escheated  to  the  state  in  consequence  of  said  city  incorporation 
becoming  extinct,  is  hereby  granted  to  the  present  incorporated  town  of  San  Ber- 
nardino, in  the  county  of  San  Bernardino,  in  its  municipal  capacity. 

§  2.  The  said  municipality  or  incorporated  town  of  San  Bernardino  is 
hereby  authorized  to  have  and  to  hold  said  property  to  itself,  its  successors,  and 
assigns  forever;  and  by  its  duly  constituted  authorities,  to  sell  and  dispose  of 
the  same,  and  to  commence  and  prosecute  to  final  judgment  or  determination 
any  and  all  manner  of  suits  and  proceedings  which  the  state  might  or  could  do 
in  the  premises  to  obtain  and  secure  said  property  had  this  grant  not  been  made. 

§  3.     This  act  shall  take  effect  immediately  after  its  passage. 

See    tit.    Municipal    Corporations. 


SAN    BERNARDINO    COUNTY— REGULATING    BEE-KEEPING    IN.  1173 

SAN    BERNARDINO    COUNTY. 

Concerning  the  public  records  in  the  office  of  the  county  recorder  of  San  Ber- 
nardino County. 

(Stats.  1875-6,  853,  eh.  DLXI.) 

§  1,  The  board  of  supervisors  of  San  Bernardino  County  are  hereby  author- 
ized to  require  the  recorder  of  said  county  to  transcribe  into  suitable  well-bound 
books,  to  be  furnished  to  him  by  said  county,  any  of  the  records  belonging  to 
his  said  office  of  county  recorder  which  said  supervisors  may,  by  order,  deter- 
mine to  be  necessary  in  order  to  properly  preserve  said  records. 

§  2.  When  so  transcribed,  any  and  all  transcriptions  of  said  records  shall, 
for  all  purposes  of  evidence  and  constructive  notice,  be  of  equal  force  and  effect 
as  the  original  record. 

§  3.  The  county  recorder  shall  be  allowed  the  sum  of  twenty-five  cents  per 
folio  by  the  board  of  supervisors,  payable  out  of  the  general  fund  of  said  county, 
as  compensation  for  making  any  transcription  of  such  records,  pursuant  to  the 
provisions  of  this  act. 

See  also  Act  of   1860,    82,   ch.   CXI,   legalizing-    records    of   San    Bernardino    County. 

SAN    BERNARDINO    COUNTY. 

To  regulate  and  protect  bee-keeping  in  the  county  of  San  Bernardino. 
(Stats.  1877-8,  563,  ch.  CCCLXXXI.) 

§  1.  Any  person  owning  any  hive  or  colony  of  honey  bees,  or  any  number 
of  the  same,  in  the  county  of  San  Bernardino,  which  are  diseased  with  any 
infectious  or  contagious  disease,  who,  for  the  space  of  ten  days  after  being  in- 
formed that  the  same  are  so  diseased,  fails  to  apply  some  approved  and  recog- 
nized remedy  to  cure  the  same,  shall  be  and  is  hereby  made  liable  to  pay  to  any 
person  suing  therefor  in  any  court  of  competent  jurisdiction,  a  penalty  of  two 
and  one-half  dollars  for  each  hive  or  colony  so  diseased,  and  to  which  such  per- 
son has  failed  to  apply  such  remedy. 

§  2.  No  person,  other  than  one  who  is  the  owner  of  twenty  hives  or  colonies 
of  bees  in  said  county,  shall  be  entitled  to  sue  for  or  recover  any  penalty  under 
this  act,  and  the  recovery  of  such  penalty,  as  to  any  hive  or  colony,  by  any  one 
person,  shall  be  a  bar  to  any  other  suit  for  a  like  penalty  as  to  the  same  hive  or 
colony  for  the  term  of  one  year  from  the  date  of  the  judgment. 

§  3.  In  actions  brought  under  the  provisions  of  this  act,  the  prevailing  party 
shall  be  entitled  to  costs  of  suit. 

§  4.     This  act  shall  be  in  force  from  and  after  its  passage. 

SAN    BERNARDINO    COUNTY. 

To  provide  an  additional  judge  of  the  superior  court  of  the  county  of  San 

Bernardino. 

(Stats.  1887,  19,  ch.  XXIV.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  San  Ber- 
nardino is  hereby  increased  from  one  to  two. 


1174  SAN    DIEGO— CITY    OF — LEGALIZING    CONVEYANCES    BY. 

§  2,  Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
an  additional  judge  of  the  superior  court  of  said  county  of  San  Bernardino, 
who  shall  hold  office  until  the  first  Monday  after  the  first  day  of  January,  anno 
Domini  eighteen  hundred  and  eighty-nine,  and  at  the  next  general  election  a 
judge  of  said  court  of  said  county  shall  be  elected  to  hold  office  for  the  term 
prescribed  by  the  constitution  and  by  law. 

§  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and 
shall  be  paid  at  the  same  time  and  in  the  same  manner  as  that  of  the  other 
judge  of  said  superior  court  of  said  county, 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

People    ex    rel.     CampbeU    vs.    "Waterman,    8C   Cal.    27,    29,    24   Pac.   Rep.    807;   People   ex 
rel.    Hargrave    vs.    Markham,    104    Cal.    232,  235,    37    Pac.    Rep.    918. 
See   tit.   Hunting   on   Private   Property. 

SAN    BUENAVENTURA— TOWN. 

See  tit.  Municipal  Corporations. 

SAN   DIEGO— CITY. 

To  authorize  the  president  and  trustees  of  the  city  of  San  Diego  to  convey  cer- 
tain real  estate  to  the  United  States. 

(Stats.  1867-8,  8,  ch.  XIV.) 

§  1.  The  president  and  trustees  of  the  city  of  San  Diego  are  hereby  author- 
ized and  empowered  to  convey  to  the  United  States  such  pueblo  or  city  lands  of 
said  city  as  the  United  States  or  the  authorities  thereof  may  require  for  military 
or  naval  purposes. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

See  also  Act  of  1875-6,  154,  ch.  CLIII,  to  convey  lands  to  United  States  for  correction 
of  river  channel  to  False  Bay. 

SAN   DIEGO— CITY. 

To  legalize,  ratify,  and  confirm  deeds  of  conveyance  and  grants  of  lands  within 
the  pueblo  lands  of  San  Diego. 

(Stats.  1869-70,  409,  ch.  CCCX.) 

§  1.  All  deeds  of  conveyance  or  grants  of  lands  in  fee,  within  the  limits  of 
the  pueblo  lands  of  San  Diego,  heretofore  made,  executed  and  delivered  in  good 
faith  to  any  person  or  persons,  by  any  ayuntamiento,  town  council,  alcalde,  syndic, 
or  justice  of  the  peace  of  the  town  or  pueblo  of  San  Diego,  or  by  any  mayor  and 
common  council  or  board  of  trustees  of  the  city  of  San  Diego,  or  by  any  person 
or  persons  acting  as  such  ayuntamiento,  town  council,  alcalde,  syndic,  justice 
of  the  peace,  mayor  and  common  council  or  board  of  trustees,  are  hereby  legal- 
ized, ratified  and  confirmed,  and  shall  be  deemed,  held  and  taken  to  convey  a 
valid  title  in  and  to  the  premises  therein  specified,  to  the  person  or  persons 
therein  mentioned  as  grantee  or  grantees,  and  to  their  heirs  and  assigns,  to  the 
extent  of  the  interest  purporting  or  attempted  to  be  conveyed  or  granted,  as 
fully  and  effectually  as  though  such  deeds  of  conveyance  or  grants  had  been 
made  in  strict  accordance  with  a  decree  or  statute  passed  and  enacted  by  the 
proper  and  appropriate  legislative  authorities,  directing  and  authorizing  the 


SAN    DIE^GO    CITY    CONVEYANCES — SAN    DIBGO    COUNTY    JUDGES.  1175 

same;  provided,  that  nothing  in  this  act  contained  shall  be  so  construed  as  to 
legalize,  ratify  or  confirm  any  lease  for  an  indefinite  amount  of  land,  or  for  an 
indefinite  period  of  time;  and  provided,  that  this  act  shall  be  so  construed  as 
to  effect  only  deeds  of  conveyance  and  grants  of  land  made  prior  to  the  second 
Monday  in  ]\Iarch,  anno  Domini  one  thousand  eight  hundred  and  sixty-eight. 

SAN   DIEGO— CITY. 

Concerning  conveyances  by  the  municipal  authorities  of  the  city  of  San  Diego. 
(Stats.  1873-4,  85,  ch.  LXXVII.) 

§  1.  No  deed,  conveyance,  or  grant  of  land  in  fee,  made  prior  to  the  twenty- 
fourth  day  of  November,  anno  Domini  eighteen  hundred  and  seventy-one,  fur 
and  on  behalf  of  the  city  of  San  Diego,  and  the  inhabitants  thereof,  for  a  valu- 
able consideration,  by  the  corporate  authorities  of  said  city,  shall  be  invalid  by 
reason  of  the  want  of  a  corporate  seal;  but  all  of  said  deeds,  conveyances,  and 
grants,  shall  have  the  same  force,  effect,  and  validity,  as  if  a  corporate  seal  of 
said  city  had  been  regularly  provided,  and  properly  affixed  thereto  by  the  proper 
corporate  authorities  of  such  city. 

§  2.     This  act  shall  take  effect  immediately. 

On   same    subject,    see    Stats.    1871-2,    309,    ch.    CCXXXIV. 
See  tit.  Municipal  Corporations. 

SAN   DIEGO    COUNTY— JUDGES. 

To  increase  the  number  of  judges  of  the  superior  court  of  the  county  of  San 
Diego,  state  of  California,  and  for  the  appointment  of  such  additional 
judges. 

(Stats.  1889,  5,  ch.  VIII.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  San  Diego, 
state  of  California,  is  hereby  increased  from  one  (1)  to  three  (3). 

§  2.  Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
two  additional  judges  of  the  superior  court  of  the  county  of  San  Diego,  state  of 
California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  anno  Domini  eighteen  hundred  and  ninety-one.  At  the  next  general 
election,  two  judges  of  the  superior  court  of  said  county  shall  be  elected  in  said 
county,  who  shall  be  successors  of  the  judges  appointed  hereunder,  to  hold 
office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3.  The  salaries  of  said  additional  judges  shall  be  the  same  in  amount,  and 
be  paid  at  the  same  time  and  in  the  same  manner,  as  the  salary  of  the  other 
judge  of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

People  ex  rel.  Hargrave  vs.  Markham,  104  Cal.   232,   235,   37   Pac.  Rep.    918. 

SAN   DIEGO    COUNTY— JUDGES. 

To  reduce  the  number  of  judges  of  the  superior  court  of  San  Diego  County 

to  two. 
(Stats.  1895,  24,  ch.  XIV.) 
§  1.     The  number  of  superior  judges  in  San  Diego  County  is  hereby  reduced 


1176  SAN    FRANCISCO — WATER    FRONT    OF. 

to  two;  provided,  that  such  reduction  shall  not  affect  any  judge  who  has  been 
elected  in  said  county. 

§  2.     This  act  shall  take  effect  immediately. 

SAN   DIEGO    COUNTY. 

See  tit.  Hunting  on  Private  Property. 

SAN  FRANCISCO. 

Concerning  water  front  of  city  and  county  of  San  Francisco. 

(Stats.  1877-8,  263,  ch.  CCXIX;  amended  1880,  31;  1889,  379;  1891,  233;  1895, 

194;  1901,  627;  1905,  109,  ch.  CXIV.) 

§  1.  So  much  of  the  line  for  a  harbor  embankment  or  seawall  of  the  port  of 
San  Francisco,  adopted  on  the  twelfth  day  of  September,  one  thousand  eight 
hundred  and  seventy-seven,  by  the  governor,  the  mayor  of  the  city  and  county 
of  San  Francisco,  and  the  state  harbor  commissioners,  and  indicated  on  the 
maps  filed  in  the  office  of  the  said  board  of  harbor  commissioners  and  of  the 
recorder  of  the  city  and  county  of  San  Francisco,  as  extends  from  the  east  line 
of  Taylor  Street  to  the  boundary  line  between  the  city  and  county  of  San 
Francisco  and  the  county  of  San  Mateo,  is  hereby  ratified  and  confirmed,  and 
shall  be  known  as  the  "Water  Front  Line"  of  the  city  and  county  of  San  Fran- 
cisco ;  and  so  much  of  said  line  of  harbor  embankment  or  seawall  as  extends 
from  the  east  line  of  Taylor  Street  to  the  eastern  line  of  the  Presidio  Reserva- 
tion is  hereby  annulled  and  vacated. 

§  2.  The  inshore  limit  of  the  jurisdiction  of  the  board  of  state  harbor  com- 
missioners shall  be  and  remain  the  same  as  defined  in  section  twenty-five  hun- 
dred and  twenty-four  of  the  Political  Code ;  but  when  any  section  of  the  seawall 
and  thoroughfare  hereinafter  mentioned  is  constructed  and  ready  for  use,  then 
the  inshore  limit  of  their  jurisdiction  as  to  such  section  shall  be  the  inner  line  of 
said  thoroughfare.  But  their  jurisdiction  in  and  over  China,  Central,  South, 
India,  and  Dry  Dock  basins,  and  in  and  over  Channel  Street,  and  Islais  Creek 
Channel,  and  the  canal  opening  into  South  Basin,  shall  extend  as  far  as  the  ebb 
and  flow  of  tide-water. 

§  3.  The  said  commissioners  are  authorized  and  directed  to  lay  out  and  open 
along  said  water-front  line  a  thoroughfare  of  the  uniform  width  of  two  hun- 
dred feet,  the  inner  line  of  which  shall  be  parallel  with  the  water-front  line; 
provided,  that  its  inner  line  between  Market  Street  and  Folsom  Street  shall 
correspond  with  the  pi^esent  line  of  East  Street,  and  its  inner  line  between  Clay 
Street  and  Sacramento  Street  shall  be  a  straight  line  drawn  from  the  intersec- 
tion of  the  north  line  of  Clay  Street,  with  the  inner  line  of  the  thoroughfare  to 
the  intersection  of  the  north  line  of  Sacramento  Street  with  the  north  line  of 
IMarket  Street  extended,  and  its  roadways  and  sidewalks  shall  conform  to  such 
deviation  from  its  uniform  width;  provided  further,  that  a  sum  not  less  than 
one  hundred  thousand  dollars  shall  be  expended  in  the  construction  of  wdiarves, 
piers,  ferry-slips,  or  bulkhead,  on  the  water  front  between  the  westerly  line  of 
Mason  Street  and  the  easterly  line  of  Kearny  Street,  as  may  seem  best  in  the 
judgment  of  the  state  board  of  harbor  commissioners;  the  said  money  to  be 
expended,  and  the  work  to  be  done,  within  one  year  from  and  after  the  passage 


SAN  FRANCISCO — WATER  FRONT  OF— DONATION   OF  TIDK-LAMJS.  1177 

of  this  act.  It  shall  have  a  roadway  of  one  hundred  and  eifrhty  feet,  and  a  side- 
walk on  its  inner  side  of  twenty  feet  in  width.  It  shall  be  known  and  desi^jrnated 
on  the  map  of  the  city  and  county  as  "East  Street."  The  said  roadway  shall 
be  constructed  and  kept  in  repair  by  the  said  commissioners.  It  shall  be  con- 
structed by  contract,  as  provided  in  section  twenty-five  hundred  and  thirty-six 
of  the  Political  Code,  and  be  kept  in  repair  as  provided  in  section  twenty-five 
hundred  and  twenty-four  of  same  code.  The  sidewalk  shall  be  constructed  and 
kept  in  repair  in  the  manner  provided  by  law  for  the  construction  and  repair 
of  sidewalks  on  other  streets  of  the  city  of  San  Francisco.  In  case  the  said 
roadway  or  sidew'alk  be  obstructed,  the  said  commissioners  shall  cause  such 
obstructions  to  be  removed  in  the  manner  provided  in  section  twenty-five  hun- 
dred and  twenty-four  of  the  Political  Code,  and  section  nine  of  this  act ;  pro- 
vided, that  they  may  grant  the  use  and  occupation  of  spaces  along  the  water 
front  for  offices  and  baggage  rooms,  and  for  scales  for  weighing  freight,  and 
may  charge  therefor  a  reasonable  rent.  The  said  commissioners  shall  have 
jurisdiction  over  said  thoroughfare  for  the  purposes  of  construction,  repair, 
removal  of  obstruction,  and  collection  of  dockage,  wharfage,  rents,  and  tolls, 
and  for  commercial  purposes;  and  no  franchise  or  privilege  for  a  railroad  track 
along  said  thoroughfare  shall  be  granted  by  the  supervisors  of  the  city  and 
county  of  San  Francisco. 

§  4.  So  much  of  the  act  approved  March  eleventh,  eighteen  hundred  and 
seventy-four,  entitled  "An  act  to  amend  an  act  entitled  an  act  to  vacate  certain 
streets,  alleys,  and  marketplaces  in  the  city  and  county  of  San  Francisco,  and 
to  donate  the  same,  and  other  tide-lands  belonging  to  the  state  of  California,  to 
said  city  and  county  of  San  Francisco,  for  commercial  purposes,  and  other 
matters  relating  thereto,  approved  March  thirteenth,  eighteen  hundred  and 
seventy-two,  as  grants  to  the  city  and  county  of  San  Francisco,  the  power  to 
lease  the  basins  known  as  China  and  Central  basins,  is  hereby  repealed ;  and  the 
said  basins,  and  also  South,  India,  and  Dry  Dock  basins,  as  laid  out  by  the  board 
of  tide-land  commissioners,  and  Channel  Street,  Islais  Creek  Channel,  and  the 
canal  opening  into  South  Basin,  as  far  as  the  ebb  and  flow  of  tide  in  them,  are 
hereby  dedicated  to  public  use  for  the  purposes  of  commerce  and  navigation, 
and  shall  be  subject,  together  with  the  streets  inclosing  or  bounding  on  them, 
and  the  seawall  and  thoroughfare  constructed  across  their  openings,  to  the  juris- 
diction of  the  said  commissioners,  as  provided  in  the  act  approved  February 
twenty-eighth,  eighteen  hundred  and  seventj^-six,  entitled  "An  act  to  amend  an 
act  entitled  an  act  to  establish  a  Political  Code,  approved  March  twelfth,  eigh- 
teen hundred  and  seventy-two,  and  to  add  a  new  section  thereto."  In  case  the 
seawall  or  thoroughfare  be  extended  across  them,  openings  therein,  with  proper 
drawbridges,  shall  be  constructed,  of  sufficient  width  to  allow  free  and  easy 
entrance  and  exit,  and  then  they  shall  be  dredged  to  such  depth  as  may  be 
needed  by  the  class  of  vessels  using  them. 

§  5.  Whenever  any  section  of  the  seawall  and  thoroughfare  is  constructed 
and  ready  for  use,  the  board  of  supervisors  shall  cause  the  streets  of  the  city  to 
be  extended  and  constructed,  so  as  to  intersect  said  section ;  and  in  case  any 
such  streets  have  been  widened  by  the  harbor  commissioners,  they  shall  be 
con[tracted]  to  their  original  width  before  such  widening,  and  be  so  extended. 
When  extended,  they  shall  be  deemed  public  streets,  and  their  roadways  and 


1178         SAN    FRANCISCO — WATER    FRONT    OP— COMMISSIONERS — POWERS,    ETC. 

sidewalks,  to  the  intersection  of  the  thoroughfare,  shall  be  constructed  and  kept 
in  repair  in  the  manner  provided  by  law  for  the  construction  and  repair  of  the 
public  streets  of  the  city  of  San  Francisco. 

§  6.  The  said  commissioners  shall  have  the  possession,  jurisdiction,  and  con- 
trol over  the  blocks  and  parts  of  blocks  formed  by  the  change  of  the  water  front 
and  the  extension  of  the  streets  to  the  thoroughfare  aforesaid,  and  remove  any 
obstructions  placed  thereon  in  the  same  manner  as  provided  for  the  removal  of 
obstructions  from  the  piers,  wharves,  and  thoroughfares.  The  commissioners 
are  authorized  to  keep  and  maintain  said  blocks  and  parts  of  blocks  as  open 
spaces  for  the  use  of  the  public,  or  they  may,  in  their  discretion,  inclose  them. 
The  commissioners  are  also  authorized  to  assign  the  use  of  such  portion  thereof 
as  they  deem  expedient  for  such  purposes  solely  as  will  be  most  advantageous 
to  the  commerce  of  the  port,  and  upon  such  terms  and  conditions  as  they  may 
determine.  All  such  assignments  shall  terminate  at  the  pleasure  of  the  com- 
missioners. 

The  commissioners  are  also  authorized  to  lease  such  portion  or  portions  of  sea- 
wall lots,  numbered  one,  two,  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven, 
twelve,  thirteen,  fourteen,  fifteen,  sixteen,  "a"  and  "b,"  as  they  may  deem 
expedient  for  such  purposes  solely  as  wall  be  most  advantageous  to  the  com- 
merce of  the  port;  provided,  that  before  the  execution  of  any  lease,  notice  of 
the  letting  or  leasing  of  any  of  the  lots  hereinbefore  mentioned,  or  parts  thereof, 
shall  be  given  by  publication  in  three  of  the  daily  papers  published  in  the  city 
of  San  Francisco  for  at  least  ten  days ;  such  notice  shall  state  the  lot  or  portion 
of  lot  to  be  leased,  and  that  bids  will  be  received  by  the  commissioners  at  a  place 
and  time  designated  in  such  notice;  and  that  said  property  shall  be  let  to  the 
highest  and  best  bidder ;  provided  further,  that  all  bids  for  lease  of  lots,  or  por- 
tions of  lots,  herein  mentioned,  shall  set  forth  the  purposes  for  which  said  lots, 
or  the  portions  thereof,  shall  be  used,  and  that  the  statement  of  such  bid  shall 
be  embodied  in  the  lease  given  by  the  board  of  state  harbor  commissioners  with 
the  condition  that  the  lot  shall  be  used  for  such  purposes  only ;  provided  further, 
that  said  board  shall  have  power  to  reject  any  and  all  bids ;  and  provided  fur- 
ther, that  in  no  event  shall  any  such  lease  or  leases  be  made  for  a  term  exceed- 
ing twenty-five  years;  provided,  however,  that  all  leases  made  and  executed 
within  two  years  preceding  February  fifteenth,  nineteen  hundred  and  one,  and 
on  file  in  the  office  of  the  secretary  of  state,  of  any  lands  belonging  to  the  state 
less  than  fifty  acres  in  area,  and  which  lease  has  been  made  to  any  corporation 
incorporated  in  this  state,  or  to  any  person  or  persons,  for  terminal  facilities, 
is  hereby  recognized,  approved  and  ratified,  and  the  conditions,  covenants,  and 
agreements  of  the  parties  thereto  are  made  binding  on  the  said  parties,  and  on 
their  successors  and  assigns,  and  on  the  state  of  California.  [Amendment, 
Stats.  1905.] 

[Amendatory  act  of  1905  also  contained  following  section :] 

[§  6a.]  §2.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

[Amendatory  act  of  1880,  31,  contained  folloM-ing  sections,  in  reference  to 
further  powers  of  harbor  commissioners,  to  wit,  sections  2,  3,  4,  5,  6,  7,  8,  9,  10. 
11.  12:] 

[§  6b.]     §  2.     The  said  commissioners  are  authorized  to  set  apart  and  use 


SAN   FRANCISCO — WATER  FRONT — COMMISSIONERS — FIXING  AVHARFAGE.        IITO 

that  portion  of  the  water  front  and  thoroughfare  situated  between  the  west  line 
of  Powell  Street  and  the  north  line  of  Francisco  Street,  for  the  landing  and 
loading  of  grain  and  other  merchandise,  and  may  erect  thereon  such  sheds  and 
structures  as  may  be  necessary  for  sheltering  the  same;  provided,  that  a  road- 
way of  not  less  than  seventy-five  feet  on  the  inner  side  of  the  thoroughfare  shall 
be  left  open  for  the  passage  of  vehicles.  They  may,  from  time  to  time,  fix  the 
rates  and  prescribe  the  terms  and  conditions  on  which  such  sheds  and  struc- 
tures may  be  used,  and  shall  have  the  same  control  over  them  as  over  the 
wharves,  and  other  parts  of  the  water  front;  provided,  that  they  shall  assume 
or  incur  none  of  the  duties  or  obligations  of  warehousemen. 

[§  6c.]  §  3.  The  said  commissioners  are  authorized  to  set  apart  spaces  on 
the  water  front  as  depots  for  the  landing  of  the  passenger  and  freight  cars  of 
railroad  companies,  and  may  construct  such  docks,  wharves  and  sheds  as  may 
be  needed  for  that  purpose.  They  must  require  a  proper  rent  to  be  paid  for 
such  spaces  and  structures,  and  the  dockage  on  the  steamers  transporting  such 
cars,  and  the  wharfage  on  merchandise  put  on  or  off  such  cars  or  passing 
through  such  depots  shall  be  the  same  as  prescribed  by  the  general  regulations 
of  the  board. 

[§  6d.]  §  4.  As  soon  as  practicable  the  rates  of  wharfage  on  merchandise 
and  other  articles  must  be  adjusted  and  classified  upon  such  system,  and  be 
collected  in  such  manner  and  by  such  officers  as  the  commissioners  may  deter- 
mine and  direct.  The  duties  of  such  officers,  their  compensation  and  amount 
of  bond  for  faithful  performance  of  duty,  shall  be  fixed  by  the  commissioners. 
When  such  system  is  put  in  force,  no  tolls  must  be  collected  by  the  load  or 
vehicle,  on  any  merchandise  passing  on  or  off  the  wharves,  and  the  system  of 
collection  by  toll  collectors  must  cease. 

[§6e.]     §5.     (Repealed,  Stats.  1891,  233.) 

[§  6f.]  §  6.  The  master,  owner  or  consignee  of  every  vessel,  and  the  owner, 
agent  or  manager  of  every  railroad  car,  at  the  time  of  the  arrival  and  before  the 
departure  of  any  such  vessel  or  car,  must  deliver  to  the  wharfinger  or  other 
proper  officer  of  the  commission,  a  full  and  correct  statement,  signed  by  him  as 
such  master,  owner,  consignee,  agent  or  manager,  of  all  merchandise  of  every 
kind  intended  to  be  discharged  from  or  received  on  such  vessel  or  car  other  than 
such  as  is  referred  to  in  section  five  of  this  act,  specifying  in  detail  the  character 
and  quantity  of  each  kind  of  such  merchandise;  and  in  the  case  of  an  arriving 
vessel  or  car  the  names  of  the  consignees  or  owners  thereof,  and  aLso  the  port  or 
place  from  which  such  merchandise  is  brought,  or  to  which  it  is  to  be  carried. 
In  case  any  person  shall  neglect  or  refuse  to  deliver  such  statement  as  above 
provided,  or  shall  wilfully  make  a  statement  false  in  any  of  the  above  recited 
particulars,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment not  exceeding  fifty  days,  or  by  both  such  fine  and  imprisonment. 

[§  6g.]  §  7.  In  case  the  master,  agent  or  owner  of  any  vessel,  or  the  owner, 
agent  or  manager,  of  any  railroad  car,  shall  discharge  from  or  receive  on  or 
allow  to  be  discharged  from  or  received  on  such  vessel  or  car,  any  merchandise 
or  other  article  other  than  such  as  is  referred  to  in  section  five  of  this  act,  before 
the  wharfage  thereon  has  been  paid,  of  which  payment  the  only  evidence  shall 
be  a  receipt  signed  by  the  wharfinger,  or  other  proper  officer  of  the  commission. 


1180         SAN    FRANCISCO — WATER    FRONT — SEAWALL    AND    THOROUGHFARE. 

he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be 
punished  by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  not 
exceeding  one  hundred  days,  or  by  both  such  fine  and  imprisonment;  provided, 
that  the  warrant  of  arrest  may  be  discharged  at  any  time  before  trial  by  the 
payment  of  the  wharfage  on  such  merchandise,  or  other  articles  wrongfully  dis- 
charged or  received,  together  with  the  costs  of  the  legal  proceedings. 

[§  6h.]  §  8.  The  said  commissioners  may,  by  written  permits,  release  par- 
ties from  the  obligation  to  deliver  the  statement  required  by  section  six,  or  to 
pay  wharfage  before  the  discharge  or  receipt  of  merchandise  or  other  articles, 
as  required  by  section  seven ;  provided,  that  before  any  part  of  such  merchandise 
or  other  articles  are  discharged  or  received,  a  proper  and  sufficient  guaranty  in 
writing  shall  be  given  to  the  said  commissioners  for  the  payment  of  all  wharf- 
age thereon.  Such  guaranty  shall  be  deemed  an  original  obligation  on  the  part 
of  the  guarantor,  and  no  other  consideration  therefor  need  exist  or  be  expressed 
than  the  acceptance  of  the  said  permit. 

[§6i.]     §9.     (Repealed,  Stats.  1891,  233.) 

[§  6j.]  §  10.  The  lessees  of  the  state  or  the  commissioners  shall  charge  and 
collect  the  same  rates  of  dockage  and  wharfage  as  may  be  established  by  the 
said  commissioners  in  pursuance  of  this  act ;  provided,  that  this  section  shall  not 
be  deemed  to  confer  any  new  or  additional  rights  on  any  of  said  lessees. 

[§  61^-]  §  11'  Nothing  in  this  act  shall  be  deemed  to  divest  the  said  com- 
missioners of  the  lien  on  merchandise  and  other  articles  for  its  wharfage,  or  of 
the  right  to  enforce  such  lien,  as  is  provided  by  existing  statutes. 

[§61.]  §  12.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  7.  The  said  seawall  and  thoroughfare  is  hereby  declared  a  public  use,  in 
the  laying  out  and  construction  of  which  the  right  of  eminent  domain  may  be 
exercised  by  the  harbor  commissioners,  in  the  name  of  the  people  of  the  state, 
for  the  estates  and  rights,  and  in  the  manner  provided  in  part  three,  title  seven, 
of  the  Code  of  Civil  Procedure;  and  said  commissioners  are  authorized  to  pay 
out  of  the  harbor  improvement  fund  any  compensation  and  damages  assessed  in 
such  proceedings.  But  said  commissioners,  for  the  purpose  of  obtaining  the 
material  for  such  construction,  may  enter  into  contract  without  resorting  to 
such  proceedings. 

§  8.  The  commissioners  are  authorized  to  assign  berths  and  slips  for  the 
exclusive  use  of  sea-going  steamers,  ferry-boats,  and  steamboats  navigating  the 
waters  of  the  bay  of  San  Francisco  and  its  tributaries,  and  to  construct  suitable 
offices,  sheds,  and  inclosures  for  the  accommodation  of  their  business,  and  may 
charge  for  such  exclusive  use,  a  reasonable  sum,  irrespective  of  their  tonnage 
or  the  number  of  days  such  berth  is  occupied. 

§  9.  For  the  purpose  of  enforcing  the  charge  for  wharfage  or  tolls  on  goods, 
wares,  and  merchandise  landed  on  any  wharf,  pier,  or  thoroughfare,  or  remain- 
ing thereon  longer  than  the  time  prescribed  by  the  harbor  regulations,  the  said 
commissioners  are  authorized  to  take  possession  of  such  goods,  wares,  and  mer- 
chandise, and  if  such  charge  be  not  paid  within  two  days  thereafter,  may  re- 
move and  store  the  same  at  the  charge,  ri.sk,  and  expense  of  the  owner  or  con- 
signee thereof,  or  may  sell  the  same  by  public  auction,  with  or  without  notice, 
at  their  discretion;   and  for  the  purpose  of  keeping  the  wharves,  piers,  and 


SAN    FRANCISCO — IVATER    FRONT— SAI,E    OF    PKRISHABLB    GOODS.  1181 

thoroughfares  free  of  obstructions,  the  said  commissioners  shall  cause  a  written 
notice  to  be  served  on  the  owner,  agent,  consignee,  or  person  in  possession  of 
any  such  obstructing  material  or  structure,  or  may  post  a  notice  thereon,  at 
their  discretion,  requiring  its  removal  within  twenty-four  hours  thereafter; 
and,  on  failure  to  comply  therewith,  the  commissioners  may  remove,  store,  or 
sell  the  same  by  public  auction,  at  their  discretion.  From  the  proceeds  of  any 
such  sale,  they  shall  retain  all  the  wharfage  and  tolls  due,  with  ten  per  centum 
thereon,  and  in  case  of  obstructions,  twenty-five  dollars  for  each  and  every 
[day]  during  which  the  wharf,  pier,  or  thoroughfare  has  been  obstructed,  and 
also  all  the  expenses  attending  such  sale,  and  the  surplus,  if  any,  shall  be  paid 
to  the  proper  party.    Such  sale  shall  be  made  subject  to  immediate  removal. 

§  10.  Any  water-craft  that  shall  leave  any  wharf,  pier,  quay,  landing, 
thoroughfare,  slip,  dock,  or  basin,  unless  forced  to  do  so  by  stress  of  weather, 
without  first  paying  the  dockage  due  from  such  vessel,  shall  be  liable  to  pay,  in 
addition  to  the  penalty  prescribed  by  section  twenty-five  hundred  and  twenty- 
four  of  the  Political  Code,  the  sum  of  ten  dollars. 

§  11.     This  act  shall  take  effect  from  and  after  its  passage. 

stats.  1877-8,  2G3 — People  vs.  Williams,  64  Cal.  498,  502,  2  Pac.  Rep.  393;  People  vs. 
Pacific   Imp.    Co.,   130    Cal.    442,    444,    62    Pac.    Rep.    739. 

SAN    FRANCISCO— WATER    FRONT. 

To  regulate  the  sales  of  perishable  products  on  the  wharves  and  other  state 
property  in  the  city  and  county  of  San  Francisco  by  prohibiting  such  sales 
except  by  or  in  behalf  of  those  holding  permits  from  the  board  of  state 
harbor  commissioners  and  making  such  unlawful  sales  a  misdemeanor,  and 
prescribing  the  penalty  therefor,  and  providing  the  conditions  upon  which 
such  permits  shall  be  issued. 

(Stats.  1903,  73,  ch.  LXVI.) 

§  1.  It  shall  be  unlawful  for  any  person  to  sell,  upon  the  public  wharves  or 
other  property  belonging  to  this  state,  in  the  city  and  county  of  San  Francisco, 
and  within  the  jurisdiction  of  the  board  of  state  harbor  commissioners,  any  fruit, 
vegetables,  poultry,  eggs,  honey,  game,  or  other  produce  commonly  known,  and 
hereinafter  referred  to  as  perishable  products,  unless  such  person  or  the  person, 
firm  or  corporation,  which  he  may  duly  represent,  shall  hold  the  permit  herein- 
after described  authorizing  such  sales  to  be  made.  Any  violation  of  this  act  shall 
be  deemed  a  misdemeanor  punishable  by  a  fine  of  not  less  than  twenty-five 
dollars  or  more  than  five  hundred  dollars. 

§  2.  Perishable  products  consigned  to  persons,  firms  or  corporations  not 
holding  the  permit  hereinafter  described,  and  delivered  by  carrier  upon  any 
wharf  on  the  San  Francisco  water  front,  must  be  removed  from  said  wharf 
within  twenty-four  hours  after  their  arrival,  and  the  board  of  state  harbor  com- 
missioners must  levy  and  collect  on  such  perishable  products  in  addition  to  the 
regular  state  tolls,  such  additional  wharfage  as  they  may  prescribe,  but  not  less 
than  the  amount  of  the  regular  tolls,  for  each  twenty-four  hours  or  fraction 
thereof  which  such  perishable  products  shall  remain  upon  the  wharf. 

§  3.  Upon  application  of  any  person,  firm  or  corporation  receiving  or  ex- 
pecting to  receive  perishable  products  to  be  delivered  by  carrier  upon  any  wharf 


1182  SAN   FRANCISCO— WATER   FRONT — PERMIT   TO    SELL, — FORM    OF. 

on  the  San  Francisco  water  front,  the  board  of  state  harbor  commissioners  shall 
issue  free  of  charge  to  such  applicant,  a  permit  authorizing  him  to  sell  such 
products  when  delivered  on  the  wharves  or  state  property,  during  the  time  such 
perishables  are  permitted  to  remain  there,  under  the  general  regulations  pre- 
scribed by  the  commission;  provided,  nevertheless,  that  said  permit  shall  not  be 
issued  until  the  applicant  shall  have  signed  the  application  which  shall  read 
as  follows: 

"I  (or  we), expecting  to  receive  consignments  of  perishable  products  to 

be  delivered  by  carrier  on  the  wharves  or  other  property  of  the  state  of  Cali- 
fornia in  the  city  and  county  of  San  Francisco,  and  desiring  to  dispose  of  the 
same  before  removal,  hereby  make  application  for  a  permit  to  be  valid  for  one 
year  from  the  date  of  issue,  to  sell  perishable  products  on  said  wharves  or  other 
state  property.  In  consideration  of  the  receipt  of  such  permit,  I  (or  we) 
promise  to  faithfully  observe  all  the  regulations  which  are  or  may  be  pr&scribed 
by  the  board  of  the  state  harbor  commissioners  in  regard  to  such  sales,  and  in 
particular  I  (or  we)  agree  that  I  (or  we)  will  not,  during  the  life  of  such  per- 
mit, be  a  party  to  any  conspiracy,  agreement  or  understanding  whereby  I  (or 
we)  shall  refuse  to  sell  [to]  any  solvent  purchaser  or  buy  from  any  person 
whatever,  and  I  (or  we)  agree  that  I  (or  we)  will  sell,  impartially,  and  at  the 
same  prices,  to  all  who  desire  to  purchase  for  cash,  without  regard  to  their  busi- 
ness or  intended  disposition  of  the  products,  and  will  exercise  no  discrimination 
whatever  between  buyers  or  sellers,  by  reason  of  their  occupation,  affiliations  or 
non-affiliations.  I  (or  we)  also  agree  that  in  case  of  violation  of  this  agreement, 
the  board  of  state  harbor  commissioners  may  revoke  the  permit  hereby  applied 
for,  whereupon  I  (or  we)  agree  to  surrender  the  same,  and  I  (or  we)  agree  that 
the  board  of  state  harbor  commissioners  shall  be  the  sole  judges  of  the  fact  of 
such  violation,  I  (or  we)  having  had  a  hearing  in  the  matter. 


'Date 


§  4.  The  permit  herein  provided  for  shall  be  in  such  form  as  the  board  of 
state  harbor  commissioners  may  determine  and  shall  be  valid  for  one  year  from 
date  of  issue  and  no  longer. 

§  5.  In  case  of  violation  of  his  agreement  by  the  holder  of  any  permit  the 
board  of  state  harbor  commissioners  upon  a  hearing  after  giving  due  notice  to 
all  parties  concerned,  and  finding  the  fact  of  such  violation  shall  revoke  and 
cancel  the  permit,  and  shall  not  issue  a  new  permit  to  the  offending  party,  ex- 
cept upon  a  new  execution  of  the  agreement  hereinbefore  set  forth  and  the  pay- 
ment of  a  fee  of  fifty  dollars,  and  the  right  to  receive  a  new  permit  shall  rest  in 
the  discretion  of  said  board  of  state  harbor  commissioners. 

§  6.  The  board  of  state  harbor  commissioners  and  all  its  officials  and  em- 
ployees are  charged  with  the  enforcement  of  this  act,  and  shall  eject  from  the 
wharves  or  other  state  property  all  persons  found  attempting  to  make  sales 
in  violation  of  this  act.  And  the  board  of  state  harbor  commissioners  through 
such  officials  as  it  may  from  time  to  time  designate,  shall  prosecute  all  viola- 
tions of  this  act  in  the  proper  court. 

§  7.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  8.     This  act  shall  take  effect  immediately. 


SAN  FRANCISCO— SANITARY  DISTRICTS— FOR3IATION  AND   GOVERNMENT.      1183 

The  following  acts  would  appear  to  have  Relntinf?   to   rnllroadn   along   water   front, 

been    superseded   by  Political  Code,  including  San   Francisco,   18S9,   38S. 

amendments   to  the  code,   of  recent  years:  Relating;    to    East    Street,    San    Francisco, 

Relating   to   reduction   of   rates   of   wbarf-  1891,    261. 

ase,  etc.,   1S71-2,   797.  See    KERR'S    CYC.    POL.    CODE    §2524,    as 

Relating  to  repairs  upon  private  -wharves,  amended   1901,    619;    but   consult    the   above- 

1873-4,   663.  mentioned   Act   of   1901,    627. 

Relating;    to    San    Francisco    harbor    com-  As    to    permits    for    sale    of    proilucts     on 

nilssioner.^,    1873-4,    910.  water   front,    see   tits.    San   Francisco    Water 

Relating  to  state,  powers  of,   1873-4,   912.  Front;  China  Basin, 

SAN    FRANCISCO. 

See  tits.  Ferry  Depot;  Goldsn  City  Homestead  Association;  Harbor  Commis- 
sioners; Municipal  Corporations;  Normal  Schools;  State  Debt;  Stato 
Officers. 


SAN  FRANCISCO  AND  SAN  JOAQUIN  VALLEY  R.  R.  LEASS. 
See  tits.  Public  Officers — State — Contracts. 

SAIi   GABRIEL   RIVER. 

See  tit.  El  Monte  Township. 

SANITARY   DISTRICTS. 

To  provide  for  the  formation,  government,  operation,  and  dissolution  of  sani- 
tary districts  in  any  part  of  the  state,  for  the  construction  of  sewers, 
and  other  sanitary  purposes;  the  acquisition  of  property  thereby;  the 
calling  and  conducting  of  elections  in  such  districts ;  the  assessment,  levy, 
collection,  custody,  and  disbursement  of  taxes  therein;  the  issuance  and 
disposal  of  the  bonds  thereof,  and  the  determination  of  their  validity,  and 
making  provision  for  the  payment  of  such  bonds,  and  the  disposal  of  their 
proceeds. 

(Stats.  1891,  223,  ch.  CLXI;  amended  1893,  88,  ch.  LXXVIII;  1895,  86,  ch. 
XCV  (see  note) ;  1901,  633,  ch.  CCVIII;  1903,  121,  ch.  CIX;  1905,  94,  ch. 
XCVI.) 

§  1.  Whenever  twenty-five  persons  in  any  county  of  the  state  shall  desire 
the  formation  of  a  sanitary  district  within  the  county,  they  may  present  to 
the  board  of  supervisors  of  such  county  a  petition,  in  writing,  signed  by  them, 
stating  the  name  of  the  proposed  district,  and  setting  forth  the  boundaries 
thereof,  and  praying  that  an  election  be  held  as  provided  by  this  act.  Each 
of  the  petitioners  must  be  a  resident  and  freeholder  within  the  proposed  dis- 
trict. 

§  2.  When  such  petition  is  presented  as  above  provided,  the  board  of  super- 
visors must,  within  thirty  days  thereafter,  order  that  an  election  be  held  as 
provided  by  this  act.  The  order  must  fix  the  day  of  such  election,  which 
must  be  within  sixty  days  from  the  date  of  the  order,  and  must  show  the  bound- 
aries of  the  proposed  district,  and  must  state  that  at  such  election  persons 
to  fill  the  offices  provided  by  this  act,  viz. :  a  sanitary  asse^^or,  and  five  mem- 
bers of  the  sanitary  board,  will  be  voted  for.  This  order  shall  be  entered  in 
the  minutes  of  the  board,  and  shall  be  conclusive  evidence  of  the  due  presenta- 


1184        SANITARY  DISTRICTS— ORGANIZATION— ELECTION— FORM   OF  BALLOT. 

tion  of  a  proper  petition,  and  of  the  fact  that  each  of  the  petitioners  was, 
at  the  time  of  the  signature  and. presentation  of  such  petition,  a  resident  and 
freeholder  within  the  limits  of  the  proposed  district. 

§  3.  A  copy  of  such  order  shall  be  posted  for  four  successive  weeks  prior 
to  the  election,  in  three  public  places  within  the  proposed  district,  and  shall  be 
published  for  four  successive  weeks  prior  to  the  election  in  some  newspaper 
published  in  the  proposed  district,  if  there  be  one,  and  if  not,  in  some  news- 
paper published  in  the  county.  It  shall  be  sufficient  if  the  order  be  published 
once  a  week. 

§  4.  The  board  of  supervisors,  at  any  time  prior  to  the  election,  shall  select 
one  polling-place  within  the  proposed  district,  and  make  all  suitable  arrange- 
ments for  the  holding  of  such  election.  The  ticket  shall  contain  the  words, 
"For  a  sanitary  district,"  or  "Against  a  sanitary  district,"  as  the  case  may 
be,  and  the  name  of  a  person  for  sanitary  assessor,  and  the  names  of  five  per- 
sons for  members  of  the  sanitary  board.  Such  election  shall  be  conducted  in 
accordance  with  the  general  election  laws  of  the  state,  so  far  as  the  same  shall 
be  applicable,  except  as  herein  otherwise  provided.  Every  qualified  elector, 
resident  within  the  proposed  district  for  the  period  requisite  to  enable  him  to 
vote  at  a  general  election,  shall  be  entitled  to  vote  at  the  election  above  pro- 
vided for.  If  a  majority  of  the  votes  cast  at  such  election  shall  be  in  favor  of 
a  sanitary  district,  the  board  of  supervisors  shall  make  and  cause  to  be  entered 
in  the  minutes  an  order  that  a  sanitary  district  of  the  name  and  with  the 
boundaries  stated  in  the  petition  (setting  forth  such  boundaries)  has  been  duly 
established,  and  said  order  shall  be  conclusive  evidence  of  the  fact  and  regu- 
larity of  all  prior  proceedings  of  every  kind  and  nature  provided  for  by  this 
act  or  by  law,  and  of  the  existence  and  validity  of  the  district.  If  a  majority 
of  the  votes  cast  shall  be  against  a  sanitary  district,  the  board  shall,  by  order, 
so  declare;  no  other  proceedings  shall  be  taken  in  relation  thereto  until  the 
expiration  of  one  year  from  the  presentation  of  the  petition. 

§  5.  Every  sanitary  district  formed  under  the  provisions  of  this  act  shall 
have  power  to  have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the 
sanitary  board ;  to  sue  and  be  sued  by  its  name ;  to  construct  and  maintain,  and 
keep  clean  such  sewers  and  drains  as  in  the  judgment  of  the  sanitary  board 
shall  be  necessary  or  proper,  and  for  this  purpose  to  acquire  by  purchase,  gift, 
devise,  condemnation  proceedings,  or  otherwise,  such  real  and  personal  prop- 
erty and  rights  of  way,  either  within  or  without  the  limits  of  the  district,  as 
in  the  judgment  of  the  sanitary  board  shall  be  necessary  or  proper,  and  to 
pay  for  and  hold  the  same ;  to  make  and  accept  any  and  all  contracts,  deeds, 
releases,  and  documents  of  any  kind  which,  in  the  judgment  of  the  sanitary 
board,  shall  be  necessary  or  proper  to  the  exercise  of  any  of  the  powers  of  the 
district,  and  to  direct  the  payment  of  all  lawful  claims  and  demands  against 
it;  to  issue  bonds  as  hereinafter  provided,  and  to  assess,  levy,  and  collect  taxes, 
to  pay  the  principal  and  interest  of  the  same,  and  the  cost  of  layiner  and  the 
expense  of  maintaining  any  sewer  or  sewers  that  may  be  constructed  subse- 
quent to  the  issuance  of  said  bonds,  or  any  lawful  claims  against  said  district, 
and  the  running  expenses  of  the  district;  to  employ  all  necessary  agents  and 
assistants,  and  pay  the  same;  to  lay  its  sewers  and  drains  in  any  public  street 
or  road  of  the  county,  and  for  this  purpose  enter  upon  the  same  and  make  all 


SANITARY  DISTRICTS— SANITARY  ASSESSOR— ELECTION   AND   DUTIES.        1185 

necessary  and  proper  excavations,  restoring  the  same  to  proper  condition; 
but  in  case  such  street  or  road  shall  be  in  an  incorporated  city  or  town,  the 
consent  of  the  lawful  authorities  thereof  shall  first  be  obtained;  to  make  and 
enforce  all  necessary  and  proper  regulations  for  the  removal  of  garbage,  and 
the  cleanliness  of  the  roads  and  streets  of  the  district,  and  for  the  purpose  of 
guarding  against  the  spread  of  contagious  and  infectious  diseases,  and  for  the 
isolation  of  persons  and  houses  affected  with  such  diseases,  and  for  the  notifica- 
tion of  the  other  inhabitants  of  the  existence  thereof,  and  all  other  sanitary 
regulations  not  in  conflict  with  the  constitution  and  laws  of  the  state ;  to  make 
and  enforce  all  necessary  and  proper  regulations  for  suppressing  disorderly 
and  disreputable  resorts,  and  houses  of  ill-fame  within  the  district,  and  to 
determine  the  qualification  of  persons  authorized  to  sell  liquors  at  retail,  and 
from  and  after  the  passage  of  this  act  no  license  to  keep  a  saloon,  or  sell  liquors 
at  retail,  shall  take  effect  or  be  operative  within  any  sanitary  district  unless 
the  same  be  approved  by  the  sanitary  board  of  the  district;  to  impose  fines, 
penalties,  and  forfeitures  for  any  and  all  violations  of  its  regulations  or  orders, 
and  to  fix  the  penalty  thereof  by  fine  or  imprisonment,  or  both;  but  no  such 
fine  shall  exceed  the  sum  of  one  hundred  dollars,  and  no  such  imprisonment 
shall  exceed  one  month;  to  call,  hold,  and  conduct  all  elections  necessary  or 
proper  after  the  formation  of  the  district;  to  prescribe,  by  order,  the  time, 
mode,  and  manner  of  assessing,  levying,  and  collecting  taxes  for  sanitary  pur- 
poses, except  as  otherwise  provided  herein;  to  compel  all  residents  and  prop- 
erty owners  within  the  district  to  connect  their  houses  and  habitations  with 
the  street  sewers  and  drains;  and  generally  to  do  and  perform  any  and  all 
acts  necessary  or  proper  to  the  complete  exercise  and  effect  of  any  of  its 
powers,  or  the  purpose  for  which  it  was  formed.  [Amendment,  Stats.  1895, 
85.] 

§  6.  The  officers  of  the  district  shall  be  a  sanitary  assessor  and  five  mem- 
bers of  the  sanitary  board. 

§  7.  There  shall  be  an  election  for  sanitary  assessor  on  every  even-numbered 
year  in  which  members  of  the  sanitary  board  are  elected,  and  at  the  same  time, 
place,  and  manner ;  and  the  person  then  elected  shall  hold  office  for  two  years 
next  thereafter,  and  until  the  election  and  qualification  of  his  successor.  The 
person  elected  assessor  at  the  election  at  which  the  district  was  formed  shall 
hold  office  until  the  election  and  qualification  of  his  successor;  provided,  that 
if  at  any  time  a  vacancy  occur  in  the  office  of  assessor,  the  sanitary  board  shall 
appoint  a  suitable  person  to  fill  such  vacancy  until  the  next  election  at  which 
an  assessor  may  be  elected  under  the  provisions  of  this  act. 

§  8.  It  shall  be  the  duty  of  the  sanitary  assessor  to  make  out,  before  the 
first  Monday  in  July  of  each  year,  a  list  of  all  the  tangible  real  and  personal 
property  within  the  district.  Such  list  shall  contain  a  brief  and  general  de- 
scription of  the  property,  an  assessment  of  the  value  thereof,  the  name  or 
names  of  the  owner  or  owners,  and  such  other  matters  as  may  be  ordered  by 
the  sanitary  board  and  such  matters  as  shall  be  necessary  to  make  such  list 
conform  to  the  provisions  of  the  general  laws  of  the  state  of  California.  The 
land  shall  be  assessed  separately  from  the  improvements  thereon.  No  mistake 
in  the  name  of  the  owner  of  any  of  the  real  or  personal  property  assessed,  or 
any  informality  in  the  description,  or  in  other  parts  of  the  assessment,  shall 

Gen.  Laws — 75 


1186         SANITARY    DISTRICTS — SANITARY    BOARD — ELECTION    AND    POWERS. 

invalidate  the  same.  The  sanitary  assessor  shall  verify  said  list  by  his  oath 
before  some  officer  authorized  to  administer  oaths,  and  shall  deposit  the  same 
with  the  sanitary  board  on  the  first  Monday  of  July  of  each  year,  or  as  soon 
thereafter  as  is  practicable.  He  shall  have  power  to  administer  all  oaths  and 
affirmations  necessary  or  proper  in  the  performance  of  his  duty  as  assessor, 
and  shall  receive  such  compensation  as  shall  be  fixed  by  the  order  of  the 
board.  He  shall  also  perform  such  further  duties  and  do  such  further  acts 
as  may  be  ordered  or  required  by  the  sanitary  board. 

§  9.  There  shall  be  an  election  for  two  members  of  the  sanitary  board  in 
every  even-numbered  year,  beginning  with  the  second  even-numbered  year 
after  the  election  at  which  the  district  was  organized,  and  the  two  members 
then  to  be  elected  shall  hold  office  until  the  election  and  qualification  of  their 
successors  in  the  next  even-numbered  year ;  and  there  shall  be  an  election  for 
three  members  of  the  sanitary  board  in  every  odd-numbered  year,  be- 
ginning with  the  second  odd-numbered  year,  after  the  election  at  which 
the  district  was  organized,  and  the  three  members  then  to  be  elected 
shall  hold  office  until  the  election  and  qualification  of  their  successors  in 
the  next  odd-numbered  year.  The  five  members  elected  at  the  election  at 
which  the  district  was  organized  shall,  at  their  first  meeting,  or  as  soon  there- 
after as  may  be  practicable,  so  classify  themselves,  by  lot,  that  two  of  them 
shall  go  out  of  office  in  the  second  even-numbered  year  after  the  election  at 
which  the  district  was  organized,  and  upon  the  election  and  qualification  of 
their  successors,  as  provided  by  this  act,  and  three  of  them  in  the  second  odd- 
numbered  year  after  the  election  at  which  the  district  was  organized,  and  upon 
the  election  and  qualification  of  their  successors,  as  provided  by  this  act.  All 
elections  for  officers  after  the  formation  of  the  district  shall  be  on  the  first 
Monday  after  the  first  Tuesday  in  the  month  of  March.  The  members  of  the 
sanitary  board  shall  receive  no  compensation  whatever,  either  for  general  or 
special  services. 

§  10.  The  sanitary  board  shall  be  the  governing  power  of  the  district,  and 
shall  exercise  all  the  powers  thereof,  except  the  making  of  an  assessment  list 
in  the  first  instance,  as  herein  provided.  At  its  first  meeting,  or  as  soon  there- 
after as  may  be  practicable,  the  board  shall  choose  one  of  its  members  as  presi- 
dent, and  another  of  its  members  as  secretary.  And  all  contracts,  deeds,  war- 
rants, releases,  receipts,  and  documents  of  every  kind  shall  be  signed  in  the 
name  of  the  district  by  its  president,  and  shall  be  countersigned  by  its  secre- 
tary. The  board  shall  hold  such  meetings,  either  in  the  day  or  in  the  evening, 
as  may  be  convenient.  In  case  of  the  absence  or  inability  to  act  of  the  presi- 
dent or  secretary,  the  board  shall,  by  order  entered  upon  the  minutes,  choose 
a  president  pro  tempore,  or  secretary  pro  tempore,  or  both,  as  the  case  may  be. 

§  11.  On  the  first  Monday  of  July  each  year,  at  the  hour  of  seven  thirty 
o'clock  p.  m.,  the  sanitary  board  shall  meet  at  its  usual  place  of  meeting  within 
said  district,  and  proceed  to  organize  itself  into  a  board  of  equalization,  and 
if  the  sanitary  assessor  has  returned  the  assessment  list  for  said  year  said 
board  shall  proceed  to  equalize  the  property  so  assessed  and  returned  by  said 
sanitary  assessor.  If  said  assessment  list  has  not  been  returned  by  said  sani- 
tary assessor  said  board  must  adjourn  from  day  to  day  until  said  assessment 
list  has  been  returned,  and  for  the  purpose  of  adjournment  one  or  more  of 


SANITARY  DISTRICTS— ORGANIZATION   OF  BOARD— ASSESSMENT  LIST.        1187 

the  members  of  said  board  present  may  make  said  adjournment  and  announce 
the  same.  Upon  the  assessment  list  having  been  returned  by  the  assessor,  said 
board  of  equalization  shall  proceed  to  equalize  the  property  listed  on  said 
assessment  list,  and  said  board  shall  continue  in  session  as  a  board  of  equaliza- 
tion until  the  property  upon  the  entire  list  returned  by  the  assessor  shall  have 
been  examined,  rectified  and  equalized,  with  such  reasonable  intermissions 
during  the  day  and  from  day  to  day  as  may  be  expedient.  The  board  shall 
have  power  to  hear  complaints  as  to  the  proceedings  of  the  assessor,  and  to 
adjudicate  and  determine  the  controversy  thereon,  and  may  of  its  own  motion 
raise  an  assessment,  after  such  reasonable  notice  to  the  party  whose  assess- 
ment is  to  be  raised,  as  may  be  ordered  by  the  board.  After  the  examination 
and  rectification  of  the  assessor's  list  shall  have  been  completed,  the  board 
shall,  by  resolution,  fix  the  rate  of  taxation  for  sanitary  purposes,  designating 
the  number  of  cents  on  each  one  hundred  dollars  to  be  levied  for  each  fund, 
and  shall  designate  the  fund  into  which  the  same  shall  be  paid;  but  no  more 
than  fifteen  cents  on  each  one  hundred  dollars  shall  be  levied  for  all  the  sani- 
tary purposes  of  any  one  year,  besides  what  shall  be  required  for  the  payment 
of  the  principal  and  interest  of  such  year  upon  outstanding  bonds.  After 
the  entry  in  the  minutes  of  the  resolution  fixing  the  rate  of  taxation,  the  sani- 
tary board  shall  cause  the  assessor  to  compute  the  amount  of  the  tax  upon 
each  piece  of  real  and  personal  property,  and  enter  the  same  upon  the  assess- 
ment list  in  a  suitable  place.  The  list,  when  so  completed,  shall  be  verified  by 
the  assessor  and  signed  by  the  president  and  secretary;  and  the  amount  of  the 
tax  shall  thereupon  become  a  lien  upon  the  property  upon  which  it  is  assessed, 
and  shall  have  the  effect  of  a  judgment  against  the  person  of  the  owner  thereof, 
and  every  such  lien  shall  have  the  force  and  effect  of  an  execution  duly  levied 
against  all  the  property  of  the  delinquent;  and  the  judgment  shall  not  be 
deemed  satisfied  or  the  lien  extinguished  until  the  taxes  are  paid  or  the  prop- 
erty sold  to  satisfy  the  same,  and  no  statute  of  limitations  shall  apply ;  but  no 
more  than  seventy-five  thousand  dollars  of  bonds  shall  be  voted  for  or  issued 
at  any  one  time,  nor  shall  the  bonded  indebtedness  of  the  district  ever  exceed 
the  sum  of  seventy-five  thousand  dollars  at  any  one  period,  M'hether  it  be  made 
up  of  one  issue  of  bonds  or  of  several  issues.  [Amendment,  Stats.  1905,  94.] 
§  12.  As  soon  as  practicable  after  the  taxes,  have  been  computed  and  ex- 
tended on  the  assessment  list,  verified  by  the  assessor  and  signed  by  the  presi- 
dent and  secretary  of  said  board,  the  board  shall  transmit,  or  cause  the 
assessor  to  transmit,  a  duplicatlj  of  the  list  so  made  to  the  tax  collector  of  the 
county,  who  shall  collect  the  taxes  shown  by  said  list  to  be  due,  in  the  same 
manner  as  he  collects  the  county  taxes,  and  all  the  provisions  of  the  laws  of 
the  state  as  to  the  collection  of  taxes  and  delinquent  taxes,  and  the  enforce- 
ment of  the  payment  thereof,  so  far  as  applicable,  shall  apply  to  the  collection 
of  taxes  for  sanitary  purposes ;  and  said  tax  collector,  and  the  sureties  on  his 
official  bond,  shall  be  responsible  for  the  due  performance  of  the  duties  im- 
posed on  him  by  this  act ;  provided,  that  the  sanitary  board  may,  in  its  discre- 
tion, direct  the  district  attorney  of  the  county  to  commence  and  prosecute  suits 
for  the  collection  of  the  whole,  or  any  portion  of  the  delinquent  taxes;  and 
it  shall  be  the  duty  of  the  district  attorney  to  carry  out  such  directions  of  the 
sanitary  board,  and  he,  and  the  sureties  upon  his  official  bond,  shall  be  respon- 


1188        SANITARY   DISTRICTS— TAX    COLLECTOR— PAYMENT    TO    TREASURER. 

sible  for  the  due  performance  of  the  duty  imposed  upon  him  by  this  act ;  and 
provided  further,  that  the  sanitary  board  may,  at  any  time,  by  order  entered 
in  its  minutes,  provide  a  system  for  the  collection  of  delinquent  taxes,  or  make 
any  change  in  the  manner  of  their  collection,  which  as  to  such  taxes  shall  have 
the  force  of  law.  All  money  collected  for  sanitary  purposes  by  the  district 
attorney  under  this  act  shall  be  at  once  paid  to  the  county  treasurer.  [Amend- 
ment, Stats.  1905,  94.] 

§  13.  The  tax  collector  shall  pay  over  to  the  county  treasurer  all  moneys 
collected  by  him  for  sanitary  purposes,  as  fast  as  the  same  shall  be  collected, 
and  the  said  treasurer  shall  keep  the  same  in  the  county  treasury,  as  follows : 
In  a  fund  called  the  bond  fund  of  sanitary  district  (naming  it)  he  shall  place 
and  keep  the  moneys  levied  by  the  sanitary  board  for  such  fund ;  and  no  part 
of  the  money  in  this  fund  shall  be  transferred  to  any  other  fund,  or  be  used 
for  any  other  purpose  than  the  payment  of  the  principal  and  interest  of  the 
bonds  of  the  sanitary  district,  so  long  as  any  such  bonds  shall  be  unpaid ;  in  a 
fund  called  the  running  expense  of  sanitary  district  (naming  it)  he  shall  place 
and  keep  the  moneys  levied  by  the  sanitary  board  for  such  fund.  The  whole 
or  any  part  of  the  money  in  the  running  expense  fund  may  be  transferred  to  the 
bond  fund,  or  to  the  other  fund  hereinafter  provided  for,  upon  the  order  of 
the  sanitary  board,  and  it  shall  be  the  duty  of  the  treasurer  to  comply  with 
such  order.  The  treasurer  shall  pay  out  moneys  from  either  of  said  funds, 
or  from  the  fund  hereinafter  mentioned,  only  upon  the  written  order  of  the 
sanitary  board,  signed  by  the  president  and  countersigned  by  the  secretary, 
which  order  shall  specify  the  name  of  the  person  to  whom  the  money  is  to  be 
paid  and  the  fund  from  which  it  is  to  be  paid,  and  shall  state  generally  the 
purpose  for  which  the  payment  is  made,  and  such  order  shall  be  entered  in 
the  minutes  of  the  sanitary  board.  The  treasurer  shall  keep  the  order  as  his 
voucher,  and  shall  keep  a  specific  account  of  his  receipts  and  disbursements  of 
money  for  sanitary  purposes.  The  treasurer  and  sureties  upon  his  official 
bond  shall  be  liable  for  the  due  performance  of  the  duties  imposed  upon  him 
by  this  act.  The  treasurer  shall  keep  the  money  arising  from  the  sale  of  bonds 
in  the  fund  hereinafter  mentioned. 

§  14.  At  any  time  after  the  district  is  organized,  the  sanitary  board  may, 
by  order  entered  in  the  minutes,  call  an  election  for  the  purpose  of  determin- 
ing whether  bonds  shall  be  issued  for  the  construction  of  sewers.  Such  order 
shall  fix  the  day  of  the  election  and  shall  specify  the  amount  of  money  to  be 
raised,  and  shall  state  in  general  terms^  the  purpose  for  which  it  is  to  be  raised. 
A  copy  of  such  order  shall  be  posted  for  four  successive  weeks  prior  to  the  elec- 
tion in  at  least  three  public  places  within  the  district,  and  shall  be  published 
for  four  successive  weeks  prior  to  the  election  in  some  newspaper  published 
within  the  district,  if  there  be  one,  and  if  not,  in  some  newspaper  pub- 
lished in  the  county.  It  shall  be  sufficient  if  the  order  be  published  once  a 
week. 

§  15.  At  any  time  prior  to  the  day  fixed  for  the  election,  the  board  shall 
select  one,  and  may  select  two,  polling-places  within  the  district,  appoint 
officers  of  election,  and  make  all  necessary  and  proper  arrangements  for  hold- 
ing the  election.  The  tickets  shall  contain  the  words  "For  the  issuance  of 
bonds  as  proposed  by  the  sanitary  board,"  or  "Against  the  issuance  of  bonds 


SANITARY    DISTRICTS— BONDS— USE    OF    PROCEEDS    OP    SALE    OF.  1180 

as  proposed  by  the  sanitary  board."  The  election  shall  be  conducted  in 
accordance  with  the  general  election  laws  of  the  state,  so  far  as  the  same  shall 
be  applicable,  except  as  herein  otherwise  provided.  Every  qualified  elector 
resident  within  the  district  for  the  length  of  time  necessary  to  enable  him  to 
vote  at  a  general  election  shall  be  entitled  to  vote  at  the  election  above  pro- 
vided for.  After  the  votes  shall  have  been  announced,  the  ballots  shall  be 
sealed  up  and  delivered  to  the  secretary  or  president  of  the  sanitary  board, 
which  shall,  as  soon  as  practicable,  proceed  to  canvass  the  same,  and  shall  enter 
the  result  upon  its  minates.  Such  entry  shall  be  conclusive  evidence  of  the 
fact  and  regularity  of  all  prior  proceedings  of  every  kind  and  nature  provided 
by  this  act  or  by  law,  aiid  of  the  facts  stated  in  such  entry.  If,  at  such  elec- 
tion, two  thirds  of  the  votes  cast  be  in  favor  of  the  issuance  of  bonds,  as  pro- 
posed by  the  sanitary  board,  the  said  board  shall  thenceforth  have  full  power 
and  authority  to  issue  and  dispose  of  bonds  as  proposed  in  the  order  calling 
the  election.     [Amendment,  Stats.  1893,  88.] 

§  16.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  of  such 
denomination  as  the  sanitary  board  may  determine,  except  that  no  bonds 
shall  be  of  a  less  denomination  than  one  hundred  dollars,  nor  of  a  greater 
denomination  than  one  thousand  dollars.  Said  bonds  shall  be  payable  in  gold 
coin  of  the  United  States  at  the  office  of  the  county  treasurer  of  the  county 
wherein  said  district  is  situated,  and  shall  bear  interest  at  a  rate  not  exceeding 
five  (5)  per  centum  per  annum,  which  interest  shall  be  payable  semiannually 
in  like  gold  coin.  Not  less  than  one-twentieth  part  of  the  total  issue  of  bonds 
shall  be  payable  each  year,  on  a  day  to  be  specified  by  the  sanitary  board,  but 
no  bonds  shall  be  payable  in  instalments,  but  each  bond  issued  hereunder  shall 
be  payable  in  full  on  the  date  specified  therein  by  said  board.  Each  bond  shall 
be  signed  by  the  president  and  countersigned  by  the  secretary  of  the  sanitary 
board,  and  said  bonds  shall  be  numbered  consecutively,  beginning  with  num- 
ber one  (1),  and  shall  have  coupons  attached  referring  to  the  number  of  the 
bond  to  which  they  are  attached,  which  coupons  shall  be  signed  by  the  presi- 
dent and  countersigned  by  the  secretary  of  said  board.  The  bonds  must  be 
disposed  of  by  the  sanitary  board  in  such  manner  and  in  such  quantities  as 
may  be  determined  by  said  board  in  its  discretion,  but  no  bond  must  be  dis- 
posed of  for  less  than  its  face  value.  The  proceeds  of  such  sale  shall  be 
deposited  with  the  county  treasurer  and  shall  be  by  him  placed  in  the  fund  to 

be  called  the  sewer  construction  fund  of sanitary  district  (naming  it)  ; 

the  money  in  such  fund  shall  be  used  for  the  purpose  indicated  in  the  order 
calling  the  election  upon  the  question  of  the  issuance  of  the  bonds,  and  for  no 
other  purpose ;  provided,  that  if  after  such  purposes  are  entirely  fulfilled  any 
balance  remain  in  such  fund,  such  balance  may,  upon  the  order  of  the  sani- 
tary board,  be  transferred  to  either  of  the  other  funds  provided  by  this  act. 
If  the  result  of  the  election  be  against  the  issuance  of  bonds  no  other  election 
upon  the  question  shall  be  called  or  held  for  a  period  of  one  year.  Whenever 
the  entire  amount  of  bonds  issued  by  any  one  district  under  the  provisions  of 
the  act  of  which  this  is  amendatory  shall  be  presented  by  the  holder  or  holders 
thereof  to  the  sanitary  board  of  the  sanitary  district  issuing  the  same,  there 
shall  be  exchanged  therefor  and  issued  in  lieu  thereof  to  such  holder  or 
holders,  by  the  sanitary  board,  bonds  issued  in  accordance  herewith  for  the 


1190  SANITARY    DISTRICTS— LEVY    OF    ANNUAL    TAX — ELECTION. 

various  instalments  payable  on  the  so  surrendered  bonds  and  said  new  bonds 
so  issued  in  exchange  for  said  old  surrendered  bonds  shall  be  payable  at  the 
same  times  and  places  as  the  instalments  due  under  the  old  bonds ;  it  being  the 
intention  hereof  to  permit  the  surrender  of  sanitary  district  bonds  heretofore 
issued  payable  in  instalments  by  the  holders  thereof,  and  the  exchange  there- 
for of  a  like  amount  of  bonds  of  such  sanitary  district  having  a  denomination 
equal  to  the  instalments  payable  under  one  or  more  of  the  bonds  heretofore 
issued  by  any  one  sanitary  district ;  said  new  bonds  to  be  payable  at  the  same 
time  as  said  instalments  and  in  equal  amounts;  the  amount  of  said  new  bonds 
to  be  payable  in  any  one  year  to  equal  the  amount  of  the  instalments  on  said 
old  bonds  payable  in  such  year.  All  expenses  of  the  exchange  shall  be  borne 
by  the  holder  of  the  bonds  presented  for  exchange,  and  interest  on  the  new 
bonds  shall  be  paid  at  the  same  time  and  rate  as  on  the  old  bonds.  Upon  such 
exchange  being  effected  the  old  bonds  shall  be  canceled  by  punching  holes  in 
the  signatures  thereto  attached,  and  shall  be  retained  by  the  treasurer  of  said 
county  as  evidence  of  such  cancelation,     [Amendment,  Stats.  1901,  633.] 

§  17.  It  is  hereby  made  the  duty  of  the  sanitary  board  to  levy,  each  year, 
upon  the  property  within  the  district,  a  sufficient  tax  to  pay  off  the  interest 
accruing  upon  said  bonds  for  the  respective  year,  as  it  falls  due,  and  also  to 
pay  one  twentieth  of  the  principal  of  said  bonds,  so  that  the  entire  amount  of 
principal  and  interest  of  said  bonds  shall  be  paid  within  twenty  years  from 
the  date  of  the  issuance  of  said  bonds;  and  it  is  hereby  made  the  duty  of  the 
tax  collector,  or  such  other  person  as  may  be  charged  with  the  duty  of  collect- 
ing the  sanitary  taxes,  to  collect  the  said  taxes  so  to  be  levied,  and  the  duty 
of  the  sanitary  board  to  order  the  same  to  be  paid,  in  manner  and  form  as  pro- 
vided by  this  act,  and  the  duty  of  the  county  treasurer  to  pay  the  same.  If, 
for  any  reason,  any  portion  of  the  tax  for  any  year  remains  unpaid,  and  in 
consequence  thereof  any  portion  of  the  interest  or  principal  due  for  any  year 
remains  unpaid,  the  same  shall  be  added  to  the  levy  for  the  next  year,  and  be 
collected  and  paid  accordingly.  The  payment  of  the  whole  amount  of  the 
principal  and  interest  of  all  of  said  bonds,  within  twenty  years  from  their 
issuance,  is  hereby  made  the  imperative  duty  of  the  district ;  and,  if  necessary 
for  that  purpose,  a  special  tax  shall  be  levied ;  and  it  is  hereby  made  the  duty 
of  every  officer  and  board  to  do  his  respective  part  towards  the  levy,  collection, 
and  payment  of  such  tax;  and  mandamus  shall  issue  from  the  superior  court 
of  the  county  in  which  the  district  is  situated,  or  from  any  other  competent 
court,  upon  application  of  any  party  interested,  for  the  purpose  of  com- 
pelling the  performance  of  the  duty  imposed  by  this  act  upon  any  and  all 
officers  or  boards, 

§  18.  If  the  result  of  any  election  upon  the  question  of  the  issuance  of 
bonds  be  in  favor  of  such  issuance,  the  sanitary  board  may,  in  their  discretion, 
before  such  issuance,  commence,  in  the  superior  court  of  the  county,  a  special 
proceeding  to  determine  their  right  to  issue  such  bonds  and  the  validity  there- 
of, similar  to  the  proceeding  in  relation  to  irrigation  bonds,  provided  for  by 
an  act  entitled  "An  act  supplemental  to  'An  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  provide  for  the  acquisition 
of  water  -and  other  property,  and  for  the  distribution  of  water  thereby  for 
irrigation  puposes,'  approved  March  seventh,  eighteen  hundred  and  eighty- 


SANITARY  DISTRICTS— GENERAL.  REGULATIONS  OF  BOARD— PROSECUTIONS.    11»1 

seven,  and  to  provide  for  the  examination,  approval,  and  confirmation  of  pro- 
ceedings for  the  issue  and  sale  of  bonds  issued  under  the  provisions  of  said 
act;"  and  all  the  provisions  of  said  act  shall  apply  to  and  govern  the  pro- 
ceedings so  to  be  commenced  by  the  sanitary  board,  so  far  as  the  same  are 
applicable ;  and  said  proceedings  shall  be  in  accordance  with  the  provisions  of 
•said  act,  so  far  as  the  same  are  applicable,  and  the  judgment  in  such  proceed- 
ings shall  have  the  same  effect  as  a  judgment  in  relation  to  irrigation  bonds 
under  the  provisions  of  said  act. 

§  19.  Any  general  regulation  of  the  sanitary  board  shall  be  by  order  entered 
in  the  minutes,  but  such  order  shall  be  published  once  a  week  for  one  week  in 
some  newspaper  published  within  the  district,  if  there  be  one,  and  if  there  be 
no  such  newspaper  then  such  order  shall  be  posted  for  one  week  in  three  public 
places  within  the  district.  A  subsequent  order  of  the  board  that  such  publica- 
tion or  posting  has  been  duly  made  shall  be  conclusive  evidence  that  such  pub- 
lication or  posting  has  been  properly  made.  Orders  not  establishing  a  general 
regulation  need  not  be  published  or  posted  (unless  otherwise  provided  by  this 
act),  but  shall  be  entered  in  the  minutes,  and  the  entry  shall  be  signed  by  the 
secretary  of  the  board.  A  general  regulation  shall  take  effect  immediately 
upon  the  expiration  of  the  week  of  publication  or  posting  thereof.  An  ordi- 
nary order  shall  take  effect  upon  the  entry  in  the  minutes. 

§  20.  The  board  may  instruct  the  district  attorney  of  the  county  to  com- 
mence and  prosecute  any  and  all  actions  and  proceedings  necessary  or  proper 
to  enforce  any  of  its  regulations  or  orders,  and  may  call  upon  said  district 
attorney  for  advice  as  to  any  sanitary  subject ;  and  it  shall  be  the  duty  of  the 
district  attorney  to  obey  such  instructions  and  to  give  advice  when  called  on 
by  the  board  therefor.  The  board  may  at  any  time  employ  special  counsel  for 
any  purpose.  All  fines  for  the  violation  of  any  regulation  or  order  of  the  sani- 
tary board  shall,  after  the  expenses  of  the  prosecution  are  paid  therefrom,  be 
paid  to  the  secretary  of  the  board,  who  shall  forthwith  deposit  the  same  with 
the  county  treasurer,  who  shall  place  the  same  in  the  running  expense  fund 
of  the  district. 

§  21.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two  thirds 
of  the  qualified  electors  thereof,  upon  an  election  called  by  the  sanitary  board 
upon  the  question  of  dissolution.  Such  election  shall  be  called  and  conducted 
in  the  same  manner  as  other  elections  of  the  district.  Upon  such  dissolution, 
the  property  of  the  district  shall  vest  in  any  incorporated  city  or  town  that 
may  at  said  time  be  in  occupation  of  a  considerable  portion  of  the  territory 
of  the  district,  and  if  there  be  no  such  incorporated  city  or  town,  then  the  prop- 
erty shall  be  vested  in  the  board  of  supervisors  of  the  county  until  the  forma- 
tion of  such  a  city  or  town ;  provided,  however,  that  if  at  the  time  of  such  elec- 
tion to  dissolve  such  district  there  be  any  outstanding  bonded  indebtedness  of 
such  district,  then,  in  such  event,  the  vote  to  dissolve  such  district  shall  dis- 
solve the  same  for  all  purposes  excepting  only  the  levy  and  collection  of  taxes 
for  the  payment  of  such  indebtedness;  and  from  the  time  such  district  is  thus 
dissolved  until  such  bonded  indebtedness,  with  the  interest  thereon,  is  fully 
paid,  satisfied,  and  discharged,  the  legislative  authority  of  said  incorporated 
city  or  town,  or  the  board  of  supervisors,  if  there  be  no  such  incorporated 
city  or  town,  is  hereby  constituted  ex  officio  the  sanitary  board  of  such  district. 
And  it  is  hereby  made  obligatory  upon  such  board  to  levy  such  taxes  and  per- 


1193  SANITARY    DISTRICTS— CONSTRUCTION    OF     SEWERS— OBJECTIONS, 

form  such  otlier  acts  as  may  be  necessary  in  order  to  raise  money  for  the  pay- 
ment of  such  indebtedness  and  the  interest  thereon,  as  herein  provided. 

§  22.  The  sanitary  board  shall  have  power  at  any  time  after  main  sewers, 
or  other  sewers  are  laid,  to  order  and  contract  for  the  construction  of  a  sewer 
in  any  street  or  part  of  a  street  of  the  district  where  a  sewer  is  not  already 
constructed,  and  to  provide  by  such  order  that  the  cost  thereof  shall  be  borne 
by  the  property  fronting  along  the  line  of  the  sewer  as  ordered.  Before  order- 
ing any  work  done,  or  improvement  made,  which  is  authorized  by  this  section, 
the  sanitary  board  shall  pass  a  resolution  of  intention  so  to  do  and  describing 
the  work.  The  secretary  of  the  board  shall  thereupon  cause  to  be  conspicu- 
ously posted  along  the  line  of  said  contemplated  work,  or  improvement,  at  not 
more  than  three  hundred  feet  in  distance  apart,  but  not  less  than  three  in  all, 
notices  of  the  passage  of  said  resolution.  Said  notices  shall,  in  legible  charac- 
ters, state  the  fact  of  the  passage  of  the  resolution,  its  date  and  briefly  the 
work  or  improvement  proposed,  and  refer  to  the  resolution  for  further  par- 
ticulars. He  shall  also  cause  a  notice,  similar  in  substance,  to  be  published  for 
a  period  of  five  consecutive  days  in  a  daily  newspaper  published  and  circulated 
in  said  district,  and  designated  by  said  sanitary  board,  or  by  one  insertion  in 
a  weekly  newspaper  so  published,  circulated  and  designated.  If  there  be  no 
newspaper  published  and  circulated  in  said  district,  then  and  in  that  case  said 
secretary  shall  post  said  notices  in  three  public  places  in  said  district  in  addi- 
tion to  said  posting  along  the  line  of  said  work  or  improvement.  Any  owner 
of  property  fronting  upon  said  proposed  work  or  improvement  may  make  a 
written  objection  to  the  same  within  fifteen  days  from  and  after  the  first  pub- 
lication of  said  notice,  or  from  and  after  the  day  of  the  posting  of  said  notice 
if  the  same  cannot  be  published  as  herein  provided,  which  objection  shall  be 
delivered  to  the  secretary  of  the  sanitary  board,  who  shall  indorse  thereon  the 
date  of  its  reception  by  him.  The  sanitary  board  shall,  at  its  next  meeting 
after  the  time  for  presentation  of  objections  has  expired,  fix  a  time  for  hearing 
said  objections,  not  less  than  one  week  thereafter.  The  secretary  of  the  sani- 
tary board  shall  thereupon  notify  the  person  or  persons  making  such  objection, 
by  depositing  a  notice  thereof  in  the  United  States  post-office  in  said  district, 
or  if  there  be  none  in  said  district,  then  in  the  one  nearest  thereto,  postage  pre- 
paid, addressed  to  each  objector,  or  his  agent,  when  such  objector  appears 
by  agent.  At  the  time  specified  said  sanitary  board  shall  hear  the  objections 
urged,  and  pass  upon  the  same,  and  its  decision  shall  be  final  and  conclusive. 
Upon  such  decision  or  at  the  expiration  of  the  said  fifteen  days,  if  no  written 
objection  to  the  work  therein  described  has  been  made  as  aforesaid  by  any 
owner  of  the  property  fronting  on  said  work  or  improvement,  the  sanitary 
board  shall  be  deemed  to  have  acquired  jurisdiction  to  order  any  work  to  be 
done,  or  improvement  to  be  made,  authorized  by  said  resolution  and  this  sec- 
tion. After  said  sanitary  board  has  acquired  jurisdiction  to  do  such  work 
and  make  such  improvement,  it  may  order  the  work  done  and  improvement 
made,  and  provide  in  such  order  a  time  for  receiving  bids,  and  likewise  au- 
thorize the  president  and  secretary  of  the  sanitary  board  to  enter  into  a  con- 
tract for  the  performance  of  said  work  and  making  of  said  improvement. 
Such  order  shall  be  published  for  a  period  of  five  consecutive  days  in  a  daily 
newspaper  published  and  circulated  in  said  district,  and  designated  by  said 
sanitary  board,  or  by  one  insertion  in  a  weekly  newspaper  so  published,  circu- 


SANITARY    DISTRICTS— CONSTRUCTION    OF    SEWERS— NOTICE.  1103 

lated  and  designated,  and  in  case  there  be  no  such  newspaper  published  and 
circulated  in  said  district,  then  and  in  that  event,  such  order  shall  be  posted 
in  at  least  three  public  places  in  said  district;  and  at  the  opening  of  said  bids 
the  board  must  award  the  contract  to  the  lowest  responsible  bidder,  or  may 
reject  any  and  all  bids  and  readvertise  for  bids  and  upon  the  opening  of  such 
bids  award  the  contract  to  the  lowest  responsible  bidder,  unless  the  board  is 
satisfied  there  is  collusion  between  bidders,  when  it  may  again  reject  the  bids 
and  again  advertise  for  bids  until  they  are  satisfied  the  bids  are  fair  and  not 
made  under  collusion  or  fraud  when  it  must  award  the  contract.  And  in  case 
such  order  is  made  and  such  contract  is  let,  then  the  cost  of  such  work  and 
improvement  done  under  such  contract  shall  become  a  lien  upon  and  shall  be 
assessed  against  such  blocks,  lots  and  lands  fronting  upon  said  work  and  im- 
provement as  would  be  assessable  for  said  work  and  improvement  under  the 
provisions  of  that  certain  act  entitled  "An  act  to  provide  for  work  upon  streets, 
lanes,  alleys,  courts,  places,  and  sidcAvalks,  and  for  the  construction  of  sewers 
within  municipalities,"  approved  March  eighteenth,  eighteen  hundred  and 
eighty-five,  and  acts  amendatory  and  supplemental  thereto,  and  the  manner, 
method  and  mode  of  such  assessment  and  collection  of  such  assessment  and  fore- 
closure of  such  lien  shall  be  made  in  accordance  with  the  provisions  of  section 
six  and  subsequent  [sections]  of  said  act  and  acts  supplemental  and  amendatory 
to  such  provisions;  provided,  however,  that  the  words  "city  council"  used  in 
said  act  shall  be  understood  to  mean  "sanitary  board;"  the  words  "superin- 
tendent of  streets"  and  "city  engineer"  shall  be  understood  to  mean  "the  en- 
gineer of  such  sanitary  district;"  the  words  "city"  and  "municipality"  shall 
be  understood  to  mean  "sanitary  district;"  the  words  "clerk"  and  "city 
clerk"  shall  be  understood  to  mean  "secretary  of  said  sanitary  board;"  the 
term  "treasurer"  or  "city  treasurer"  shall  be  understood  to  mean  any  person 
or  officer  who  shall  have  charge  of  and  make  payment  of  the  funds  of  such 
sanitary  district;  and  further  provided,  that  all  the  powers  and  duties  con- 
ferred by  the  said  provisions  of  said  act  and  acts  amendatory  and  supple- 
mental thereof  upon  city  councils,  superintendent [s]  of  streets,  clerks  and  city 
clerks,  and  treasurers  and  engineers  and  city  engineers  are  hereby  conferred 
and  imposed  upon  the  respective  officers  and  board  above  specified.  [Amend- 
ment, Stats.  1903,  121.] 

§  23.  All  acts  and  parts  of  acts  in  conflict  with  this  act,  or  any  portion 
thereof,  are  hereby  repealed. 

§  24.     This  act  shall  take  effect  immediately. 

stats.   1891,   223. — People    ex   rel.    Cuff    vs.  Stats.    1895,    86. — Stumpf    vs.     Board  Su- 

City   of   Oakland,    123    Cal.    598,    600,    56   Pac.  pervrs.,  131  Cal.  364,  365,  82  Am.  St.  Rep.  350. 

Rep.    445.      §5 — In    re   "Werner    (uncon.),    129  63    Pac.    Rep.    663.      §5 — In    re    Werner,  129 

Cal.    567,   568,    62   Pac.   Rep.    97.  Cal.  567,  570,  62  Pac.  Rep.  97. 

SANITATION. 

See  tits.  Factories  and  Workshops;  Sanitary  Districts. 

SAN    JOAQUIN    COUNTY— ADDITIONAL    JUDGE. 

To  provide  one  (1)  additional  judge  of  the  superior  court  of  the  county  of  San 
Joaquin,  state  of  California;  for  the  manner  of  his  election  and  for  his 
compensation.  ^g^^^^  j^^^^  ^^^^  ^^   ^j^  ,, 


11»4  SAN  JOAdUIN  COUNTY— ADDITIONAL,  JUDGES— LEVEES. 

§  1.  From  and  after  the  first  day  of  January,  anno  Domini  one  thousand  nine 
hundred  and  seven,  the  number  of  judges  of  the  superior  court  of  the  county  of 
San  Joaquin,  state  of  California,  is  hereby  increased  from  two  to  three, 

§  2.  At  the  general  election  to  be  held  in  November,  anno  Domini  one  thousand 
nine  hundred  and  six,  one  additional  judge  of  the  superior  court  of  the  county 
of  San  Joaquin,  state  of  California,  shall  be  elected  and  hold  office  in  the 
manner  prescribed  by  the  constitution  and  by  lav\^. 

§  3.  The  salary  of  such  additional  judge  shall  be  the  same  in  amount  and 
be  paid  in  the  same  manner  and  at  the  same  time  as  the  salaries  of  the  other 
judges  of  the  superior  court  of  said  county,  now  authorized  by  law. 

SAN  JOAQUIN  COUNTY— LEVEES. 

To  authorize  John  Parrott,  Samuel  Clark,  J.  L.  Keagle,  Rufus  Franklin, 
William  Heart,  Robert  Boice  [Boyce],  D.  P.  [B.]  McNeal,  their  associates 
and  assigns,  to  construct,  maintain,  complete,  and  repair  certain  levees  in  San 
Joaquin  County. 

(Stats.  1877-8,  48,  ch.  XXXVI.) 

§  1.  The  right  is  hereby  granted  to  John  Parrott,  Samuel  Clark,  J.  L. 
Keagle,  Rufus  Franklin,  William  Heart,  Robert  Boyce,  D.  B.  McNeal,  their 
associates  and  assigns,  to  construct,  maintain,  complete,  and  repair  certain 
levees  on  the  south  bank  of  the  Mokelumne  River,  in  San  Joaquin  County,  and 
commencing  for  the  same  near  the  southeast  corner  of  the  southeast  quarter  of 
section  thirty-five,  in  township  four  north,  range  six  east,  and  running  thence 
down  said  river  on  the  second  bench,  and  as  near  said  river  as  practicable,  and 
connecting  with  a  levee  already  constructed;  then  commencing  at  the  lower 
end  of  said  levee  and  running  from  thence  to  half  section  line  in  section  thirty- 
four,  township  four  north,  range  number  six  east;  then  commencing  near  the 
northeast  corner  of  the  northeast  quarter  of  section  thirty-three,  township 
number  four  north,  range  number  six  east,  and  running  thence  along  the  second 
bench  as  near  said  river  as  practicable,  to  a  certain  live  oak  tree,  near  the 
northeast  corner  of  the  southeast  quarter  of  section  seventeen,  township  num- 
ber four  north,  range  number  six  east. 

§  2.  The  parties  aforesaid,  their  associates  and  assigns,  may  construct  the 
said  levee  of  such  dimensions  as  in  their  judgment  they  may  deem  proper,  and 
may  acquire  right  of  way  for  said  levees,  and  may  take  materials  for  the  con- 
struction, maintenance,  completion,  and  repairs  thereof  from  either  side  of  said 
levees. 

§  3.  If  the  parties  aforesaid,  their  associates  and  assigns,  cannot  procure 
consent  of  the  owners  of  the  lands  or  material  needed,  they  may  proceed  under 
the  provisions  of  title  seven,  part  three,  of  the  Code  of  Civil  Procedure,  for  the 
conflemnation  thereof. 

§  4.  The  levees  already  constructed  at  certain  points  along  the  line  of  said 
proposed  levee  are  hereby  legalized. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


SAN    JOAQUIN    COUNTY— RECORDS— PROTECTION    DISTRICTS.  1195 

SAN   JOAQUIN    COUNTY— RECORDS. 

Concerning  certain  records  in  the  county  of  San  Joaquin. 
(Stats.  1857,  228,  ch.  CXCV.) 

§  1.  Book  "A,"  in  the  office  of  the  county  recorder  of  the  county  of  San 
Joaquin,  and  especially  known  as  "Book  A,  Archives  of  Stockton,"  is  hereby 
declared  and  made  a  perfect  record,  in  as  full  and  ample  a  manner  as  if  the 
same  had  been  made  since  the  passage  of  ''An  act  concerning  county  record- 
ers" (passed  March  twenty-sixth,  eighteen  hundred  and  fifty-one),  and  the  in- 
struments transcribed  therein  shall  be  evidence  and  notice  from  and  after  the 
passage  hereof,  to  all  persons,  in  the  same  manner  as  if  they  were  properly 
acknowledged,  recorded,  and  certified,  under  said  act  of  March  twenty-sixth, 
eighteen  hundred  and  fifty-one. 

§2.  Book  "B"  of  the  "Archives  of  Stockton,"  is  hereby  legitimated  in 
like  manner  as  book  "A"  aforesaid;  and  the  county  recorder  of  said  county 
is  hereby  required  to  transcribe  the  deeds  in  said  book  "B,"  into  the  record  of 
deeds  now  kept  and  used  by  him;  and  such  transcription  by  him  shall  have 
all  the  force  and  effect  of  an  original  record,  properly  acknowledged,  certified 
and  recorded. 

§  3.  The  county  recorder  of  said  county  is  hereby  required  to  procure  the 
proper  books,  and  make  the  proper  books  of  indices  to  all  records  in  his 
office,  to  which  there  are  now  not  accurate  and  perfect  indices,  and  such  as 
are  required  to  be  kept  by  the  said  "Act  concerning  county  recorders"  (passed 
March  twenty-sixth,  eighteen  hundred  and  fifty-one). 

§  4.  The  supervisors  of  said  county,  are  hereby  authorized  and  required  to 
audit  the  accounts  of  the  said  county  recorder  of  said  county,  for  such  an 
amount,  as  will  be  reasonable  and  ample  compensation  for  the  services  required 
of  him,  by  this  act,  including  pay  for  books  to  be  procured  by  him  in  the 
premises,  the  amount  of  which  account  shall  be  paid  out  of  the  county  treasury 
of  said  county. 

SAN    JOAQUIN    COUNTY— PROTECTION    DISTRICTS. 

To  provide  for  the  better  protection  of  certain  lands  in  San  Joaquin  County 

from  overflow. 

(Stats.  1871-2,  861,  ch.  DLXXXIV.) 

§  1.  Whenever  a  majority  of  the  owners  of  any  body  of  lands  situated  in 
that  part  of  San  Joaquin  County  bounded  by  a  line  beginning  at  a  point  on 
the  United  States  segregation  line  one  mile  due  north  from  the  Calaveras  River 
on  the  section  line  between  sections  twenty-eight  and  twenty-nine,  township 
two  north,  range  six  east.  Mount  Diablo  meridian ;  thence  following  said  segre- 
gation line  northerly  to  the  center  of  section  two,  township  three  north,  range 
five  east.  Mount  Diablo  meridian;  thence  due  east  to  the  center  of  section 
three,  township  three  north,  range  seven  east.  Mount  Diablo  meridian ;  thence 
due  south  to  a  point  one  mile  north  of  the  Calaveras  River;  thence  westerly 
parallel  with  and  one  mile  distant  from  said  river  to  the  point  of  beginning, 
shall  petition  in  writing  the  board  of  supervisors  of  San  Joaquin  County  for 


1196  SAN    JOAQUIN    COUNTY — PROTECTION    DISTRICTS — FORMATION    OF. 

the  establishment  of  a  canal  and  embankment  district  within  the  limits  afore- 
said, it  shall  be  the  duty  of  said  board  of  supervisors  to  appoint  a  day,  which 
shall  not  be  more  than  ten  days  after  the  presentation  of  said  petition,  to  hear 
and  consider  said  petition,  and  on  the  day  appointed  they  shall  proceed  to 
hear  and  consider  the  same ;  and  if  said  board  of  supervisors  are  satisfied  that 
no  land  is  improperly  included  or  excepted  from  said  proposed  district,  they, 
shall  grant  the  same,  and  their  clerk  shall  keep  a  record  thereof,  and  cause 
each  of  the  districts  so  organized  to  be  numbered  consecutively. 

§  2,  Said  petition  provided  for  in  section  one  shall  contain  a  correct  and 
full  description  of  the  boundaries  of  said  proposed  district,  with  the  reasons 
why  the  organization  of  the  same  is  deemed  necessary,  and  shall  be  sworn  to 
by  at  least  one  of  the  petitioners, 

§  3.  If  said  petition  be  granted  by  said  board  of  supervisors,  it  shall  be  the 
duty  of  the  clerk  of  said  board,  within  twenty  days  thereafter,  to  call  a  meet- 
ing of  the  landholders  of  said  district  at  some  convenient  place  therein,  for  the 
election  of  three  persons  to  act  as  trustees  of  said  district.  Said  trustees  shall 
have  the  power  to  levy  upon  all  the  property  in  said  district  such  an  amount 
of  tax  in  each  year,  not  exceeding  the  sum  of  one  dollar  and  fifty  cents  on  each 
one  hundred  dollars  in  any  one  year,  as  they  may  deem  necessary  to  protect 
and  preserve  said  district  from  overflow;  said  taxes,  when  collected,  to  be 
expended  by  said  trustees  by  day's  work  or  contract  in  the  cutting  and  repair 
of  canals  and  drains  and  the  erection  and  repair  of  embankments,  dams,, 
weirs,  and  floodgates,  and  the  doing  of  all  such  acts  as  they  may  deem  neces- 
sary for  the  protection  of  said  district  from  overflow ;  provided,  that  no  water 
shall  be  turned  from  its  natural  course  any  more  than  is  absolutely  necessary 
for  the  protection  of  the  district  without  the  consent  of  all  parties  interested 
therein.  Said  trustees  shall  hold  office  two  years,  and  shall  call  meetings  of 
the  landholders  of  the  district,  by  giving  at  least  ten  days'  notice  for  the  elec- 
tion of  their  successors.  At  the  time  for  the  election  of  trustees  an  assessor 
shall  be  elected  by  the  landholders,  who  shall  also  be  collector  of  taxes,  and 
shall  receive  such  compensation  as  the  board  of  trustees  may  determine,  and 
shall  hold  his  office  for  the  term  of  two  years,  or  uhtil  his  successor  is  elected 
and  qualified.  All  trustees  and  assessors  shall  be  elected  by  a  majority  vote 
of  the  landholders  present  at  any  meeting  called  for  such  purpose.  Any  right 
of  way  needed  by  said  trustees,  if  the  same  cannot  otherwise  be  obtained,  shall 
be  procured  in  the  same  manner  as  is  provided  by  law  for  the  procuring  of 
rights  of  way  by  railroad  corporations.  The  trustees  shall  sit  as  a  board  of 
equalization;  and  within  ten  days  after  the  assessor  shall  have  finished  his 
assessment  he  shall  submit  the  same  to  said  board  of  trustees,  and  they  shall 
give  at  least  ten  days'  notice  previous  to  sitting  as  such  board  of  equalization, 
by  posting  notices  in  three  public  places  in  said  district;  and  they  shall  per- 
form said  equalization  in  a  similar  manner  to  the  board  of  supervisors  when 
they  sit  as  a  county  board  of  equalization. 

§  4.  All  moneys  collected  under  the  provisions  of  this  act  shall  be  paid  into 
the  county  treasury  of  San  Joaquin  County  to  the  credit  of  the  district,  and 
shall  be  paid  out  of  the  county  treasury  of  said  county  upon  warrants  duly 
issued  by  the  trustees  of  the  district. 


SAN  JOAQUIN  PROTECTION  DISTRICTS — SAN  JOAQUIN  RIVER.  1107 

§  5.  The  trustees  of  each  district  shall  keep  accurate  minutes  in  full  of  all 
their  transactions,  and  an  accurate  record  of  the  affairs  of  the  district,  which 
minutes  and  record  shall  be  open  to  the  inspection  of  any  landholder  in  the 
district. 

§  6.  The  assessor  authorized  to  be  elected  under  the  provisions  of  this  act 
shall,  when  called  upon  by  the  board  of  trustees  of  their  respective  districts, 
immediately  proceed  to  assess  the  value  of  the  property  in  his  district;  and 
after  such  assessment  has  been  equalized  as  hereinbefore  authorized,  he  shall 
carry  out  in  separate  columns  the  totals  of  valuation  and  the  totals  of  taxes 
charged  to  each  person ;  and  the  several  boards  of  trustees  of  the  district  organ- 
ized under  this  act  are  hereby  empowered  to  make  such  provisions  for  the 
assessment  and  collection  of  taxes  as  may  be  necessary  for  that  purpose ;  and 
all  taxes  that  may  be  delinquent  shall  be  collected  in  the  same  manner  as  is 
provided  for  the  collection  of  state  and  county  taxes. 

§  7.  This  act,  or  any  proceedings  thereunder,  shall  not  apply  to  or  in  any 
way  interfere  with  reclamation  districts  already  formed  under  the  state  law, 
the  lands  of  which  are  already  reclaimed,  or  under  process  of  reclamation. 

§  8.     This  act  shall  take  effect  from  and  after  its  passage. 

See  tit.  Protection  Districts. 

SAN   JOAQUIN   RIVER. 

Concerning  public  wharves. 
(Stats.  1871-2,  657,  ch.  CCCCXLII.) 

§  1.  The  owners  or  occupants  of  any  uplands  bordering  on  the  San  Joaquin 
River,  between  the  eastern  boundary  line  of  Contra  Costa  County  and  the 
junction  of  said  river  with  the  Sacramento  River,  may  erect  and  maintain 
from  such  upland  to  ships'  channel  a  wharf  not  exceeding  fifty  feet  wide,  with 
a  T  at  the  outer  end  thereof  not  exceeding  one  hundred  feet  in  length, 

§  2.  The  right  of  way  and  the  right  to  construct  such  wharf  over  any  lands 
belonging  to  the  state  of  California  covered  or  partly  covered  with  water  be- 
tween ships '  channel  and  the  upland  is  hereby  granted  to  the  owner  or  occupant 
of  such  upland. 

§  3.  The  person  or  persons  erecting  and  maintaining  such  wharf  or 
wharves  shall  not  use  the  same  for  any  purposes  except  for  the  convenience  of 
himself  and  tenants,  and  the  successors  in  interest  of  the  lands  owned  by  him 
at  the  time  of  the  first  erection  of  such  wharf,  and  shall  not,  under  any  pretext, 
charge,  receive,  or  collect  any  tolls,  wharfage,  or  dockage  for  the  use  thereof. 

§4.  In  case  the  lands  covered  with  water  situate  between  ships'  channel 
and  extreme  high  tide  over  which  and  upon  which  the  owner  of  the  adjoining 
upland  is  desirous  of  erecting  and  maintaining  a  wharf  shall  have  become 
vested  in  any  third  person,  it  shall  be  lawful  for  the  owner  of  such  upland  to 
acquire  the  right  to  erect  and  maintain  a  wharf  over  the  same,  not  exceeding 
the  dimensions  in  section  one  of  this  act  mentioned,  by  instituting  and  con- 
ducting to  a  final  determination  such  proceedings  for  the  acquisition  and  con- 
demnation of  lands  as  are  authorized  by  the  provisions  of  an  act  entitled  "An 
act  to  provide  for  the  incorporation  of  railroad  companies  and  the  manage- 


1198  SAN    JOAftUIN    RIVER — SAN    JOSE}    CITY    HIGH    SCHOOL. 

ment  of  the  affairs  thereof,  and  other  matters  relating  thereto,"  approved  May 
twentieth,  eighteen  hundred  and  sixty-one,  and  the  several  acts  supplemental 
thereto  and  amendatory  thereof;  and  jurisdiction  is  hereby  conferred  upon 
the  same  courts  and  judges  as  is  conferred  by  said  act,  to  entertain  and  deter- 
mine the  proceedings  instituted  hereunder, 

§  5.  Upon  payment  of  the  sum  awarded  by  the  final  report  of  the  appraisers 
to  ascertain  and  determine  the  sum  to  be  paid  for  the  taking  of  land  for  the 
use  aforesaid,  such  riparian  owner  shall  have  the  exclusive  right  to  the  use 
of  the  land  described  in  such  report,  for  the  uses  and  purposes  mentioned  in 
section  one  of  this  act;  provided,  such  payment  be  made  within  twenty  days 
after  the  final  confirmation  of  such  report. 

§  6.  No  right  or  privilege  hereby  granted  shall  continue  beyond  fifty  years 
from  the  passage  of  this  act. 

§  7.  This  act  shall  apply  to  all  wharves  already  constructed  between  the 
points  aforesaid. 

§  8.     This  act  shall  take  elBfect  immediately. 

SAN  JOAQUIN  VALLEY  RAILROAD— CHINA  BASIN,  SAN  FRANCISCO. 

See  tit.  State  Officers. 

SAN  JOSE   CITY— HIGH   SCHOOL. 

Authorizing  and  empowering  the  board  of  school  trustees  of  the  city  of  San 
Jose,  county  of  Santa  Clara,  state  of  California,  to  erect,  construct,  and 
build  and  maintain,  at  the  expense  of  said  city  of  San  Jose,  a  high  school 
building  on  the  north  side  of  the  state  normal  school  grounds  at  San  Jose, 
between  Fifth  and  Seventh  Streets  in  said  city. 

(Stats.  1897,  167,  ch.  CXI.) 

§  1.  The  state  of  California  hereby  authorizes  and  empowers  and  grants  to 
the  board  of  school  trustees  of  the  city  of  San  Jose,  county  of  Santa  Clara,  the 
right  and  privilege  to  erect,  construct,  build,  and  maintain  a  high  school  build- 
ing, and  conduct  and  carry  on  a  high  school  therein  at  the  expense  of  said  city 
of  San  Jose,  on  the  grounds  of  the  state  normal  school  at  San  Jose ;  said 
building  to  be  erected  on  the  north  side  of  said  normal  school  grounds,  between 
Fifth  and  Seventh  Streets  in  said  city,  at  such  point  as  may  be  agreed  upon 
between  the  board  of  trustees  of  said  state  normal  school  and  the  board  of 
school  trustees  of  said  city  of  San  Jose.  And  the  right  and  privilege  is  hereby 
granted  to  said  city  of  San  Jose  to  enter  into  and  upon  the  lands  and  premises 
necessary  for  the  said  high  school  building,  and  grounds  necessary  to  the  use 
thereof,  for  the  purpose  of  laying  water  and  gas  mains  and  pipes,  or  for  the 
erection  of  electric  light  poles  and  wires,  and  for  all  other  purposes  necessary 
to  the  building  and  constructing  of  such  high  school  building  and  the  mainte- 
nance of  a  high  school  therein. 

§  2.  The  city  of  San  Jose  shall  keep  so  much  of  the  lands  and  premises  be- 
longing to  said  state  normal  school  as  may  be  used  by  said  city  of  San  Jose  for 
the  use  of  said  high  school  in  good  condition  at  the  expense  of  said  city  of 
San  Jose,  and  shall  gravel  and  care  for  the  walks  in  and  upon  the  lands  so 


SAN   LUIS    OBISPO,   CITY    OF— SETTLING   LAND-TITLES   IN.  1109 

iised  for  high  school  purposes,  and  maintain  and  care  for  the  grass  plots  and 
ornamental  trees  and  shrubs,  and  beautify  and  ornament  so  much  of  said  lands 
and  premises  as  may  be  agreed  upon  between  the  board  of  trustees  of  said  nor- 
mal school  and  the  board  of  school  trustees  of  said  city. 
§  3.     This  act  shall  take  effect  immediately. 

SAN  JOSE— CITY. 

See  tit.  Municipal  Corporations. 

SAN    LEANDRO    CREEK. 
See  tit.  Fish  and  Game. 

SAN  LEANDRO— TOWN. 

See  tit.  Municipal  Corporations. 

SAN    LUIS    OBISPO. 

See  tits.  California  Polytechnic  School;  Municipal  Corporations;  San  Luis 
Obispo — City;  San  Luis  Obispo  County. 

SAN  LUIS  OBISPO— CITY. 

To  settle  the  title  to  lands  in  the  town  of  San  Luis  Obispo. 

(Stats.  1867-8,  245,  eh.  CCXLIII.) 

§  1.  The  public  lands  within  the  corporate  limits  of  the  town  of  San  Luis 
Obispo,  county  of  San  Luis  Obispo,  described  as  follows,  to  wit:  The  west  half 
and  the  northeast  quarter  of  the  southeast  quarter,  and  the  southwest  quarter, 
and  the  southwest  quarter  of  the  northwest  quarter,  of  section  number  twenty- 
six  ;  and  the  southeast  quarter  of  the  northeast  quarter,  and  the  east  half  of  the 
southeast  quarter,  of  section  number  twenty-seven,  and  the  east  half  of  the 
northeast  quarter  of  section  number  thirty-four;  and  the  west  half  and  the 
northeast  quarter  of  the  northwest  quarter  of  section  number  thirty-five,  town- 
ship number  thirty  south,  range  number  twelve  east,  of  Mount  Diablo  meridian 
— containing  six  hundred  and  forty  acres — shall  be  entered  at  any  time  after 
the  passage  of  this  act,  at  the  proper  land  office  of  the  United  States,  by  the 
board  of  trustees  of  said  town,  in  trust  for  the  several  use  and  benefit  of  the 
occupants  of  said  town,  according  to  their  respective  interests,  in  accordance 
with  the  provisions  of  an  act  of  Congress  entitled  an  act  for  the  relief  of  the 
inhabitants  of  cities  and  towns  upon  public  lands,  approved  March  second, 
eighteen  hundred  and  sixty-seven. 

§  2.  Immediately  after  the  making  of  said  entry  and  the  approval  thereof 
by  the  proper  authority,  the  board  of  trustees  of  said  town  shall  cause  notice  to 
be  given  by  publication  in  any  newspaper  printed  and  published  in  said  town, 
if  any,  and  if  none,  then  by  posting  the  same  at  the  places  designated  by  the 
board  of  supervisors  of  said  county  as  the  places  for  posting  legal  notices  in 
said  county,  under  the  provisions  of  an  act  of  the  legislature  of  this  state,  ap- 
proved April  twenty-seventh,  eighteen  hundred  and  fifty-.seven,  relative  to  the 
publishing  of  legal  notices  in  the  counties  of  San  Luis  Obispo  and  Santa  Bar- 


1200  SAN    LUIS    OBISPO,    CITY    OF— SETTLING    LAND-TITLES    IN. 

bara,  requiring  all  occupants  or  claimants  of  any  town  lot  or  lots,  or  parcels  of 
land  within  the  limits  above  described,  to  file  in  the  office  of  the  board  of  trustees 
of  said  town,  within  one  year  from  the  expiration  of  said  notice,  a  statement  of 
his,  her  or  their  claim,  describing  particularly  the  lot  or  lots  or  parcels  of  land 
so  claimed  or  occupied,  and  setting  forth  the  nature  and  grounds  of  the  claim 
set  up.  Said  publication,  if  made  in  a  newspaper,  shall  be  made  by  insertion 
therein  once  a  week  for  the  term  of  three  months ;  and  if  by  posting,  said  notices 
shall  be  posted  for  said  term,  said  notices  to  be  renewed  at  least  once  per  month 
during  said  term  in  case  of  the  same  being  torn  down  or  removed,  and  said 
notices  to  be  printed. 

i  §  3.  Within  sixty  days  after  the  expiration  of  the  time  limited  in  the  notice 
as  aforesaid,  proof  of  such  claim  and  payment  of  the  price  fixed  by  the  board 
of  trustees  on  the  lot  or  lots  or  parcels  of  land  claimed  as  hereinafter  provided 
must  be  made,  and  no  claim  shall  be  filed  nor  any  proof  shall  be  permitted  to  be 
made  after  the  terms  respectively  prescribed  in  this  and  the  preceding  section, 
except  upon  proof  of  meritorious  claim  and  good  cause  shown  to  the  board  of 
trustees  for  the  failure  to  before  present  such  proofs  and  claim. 

§  4.  The  expenses  incurred  in  entering  and  surveying  the  lands  as  provided 
in  this  act,  and  the  amount  required  to  be  paid  for  said  land  at  the  proper  land 
office,  shall  be  by  the  board  of  trustees  of  said  town  assessed  and  apportioned 
equally  upon  all  the  lots  or  parcels  of  land  in  said  town;  and  no  claim  shall  be 
allowed  nor  deed  executed  to  any  claimant  or  claimants  unless  payment  be  made 
of  the  proportion  due  from  such  claimant  or  claimants. 

§  5.  The  evidence  required  to  establish  any  claim  to  any  lot  or  lots  or  parcels 
of  land  in  said  town,  under  the  provisions  of  this  act,  shall  be  that  the  claimant 
thereof  is  in  the  peaceable  and  actual  possession  of  the  same. 

§  6.     The  board  of  trustees  shall  proceed  to  dispose  of  the  lots  or  parcels  of 
land  claimed,  as  provided  for  in  this  act,  and  for  that  purpose  shall,  as  soon  as 
practicable,  examine  each  and  every  claim  filed  as  herein  provided,  and  any 
papers  in  support  of  the  same,  and  hear  such  proof  as  the  claimant  or  claim- 
ants may  submit  to  establish  his  or  their  rights  thereto;  and  if  the  same  shall 
be  found  to  comply  with  the  provisions  of  this  act,  and  no  conflicting  claims  shall 
have  been  filed,  the  board  of  trustees  shall  make,  execute  and  deliver  to  each 
claimant  a  deed  of  the  lands  claimed  by  him  or  her ;  and  provided  further,  that 
the  board  of  trustees  may  by  ordinance  determine  the  size  of  the  town  lots  to 
be  so  conveyed  and  the  amount  of  land  that  may  be  conveyed  to  any  one  person. 
§  7.     In  all  cases  where  there  shall  be  a  dispute  or  contest  in  regard  to  the 
title  to  any  lot  or  lots  or  parcels  of  land  in  said  town,  the  board  of  trustees  shall 
hear  the  testimony  relating  thereto,  and  shall  decide  thereupon,  and  shall  there- 
upon make,  execute  and  deliver  their  deed  or  deeds  to  the  person  or  persons  to 
whom  they  shall  award  the  same;  provided,  however,  nothing  contained  in  this 
act  shall  be  so  construed  as  to  prevent  any  person  or  persons  aggrieved  by  the 
decision  of  the  said  board  of  trustees  from  pursuing  his,  her  or  their  right  to 
any  such  lot  or  lots  or  parcels  of  land  at  law  before  the  proper  legal  tribunals. 
§  8.     The   deeds  herein   mentioned   shall   be   quitclaim    deeds,    conveying   to 
such  claimant  or  purchaser  all  the  right,  title  and  interest  of  said  town  in  and 
to  the  lands  therein  described.    They  shall  be  signed  and  sealed  by  the  president 


SAN    liUIS    OBISPO— LAND-TITLES    IN    CITY    OF— COUNTY    OF.  1201 

of  said  board  of  trustees;  and  such  deeds,  and  the  certified  copies  thereof  duly 
attested  as  by  law  required,  shall  be  taken  in  all  the  courts  of  justice  and  judicial 
proceedings  as  prima  facie  evidence  that  all  the  estate,  title  and  interest  at  any 
time  had,  held  or  owned  by  said  town,  in  and  to  the  lands  described  in  such 
deed,  has  passed  thereby  to  the  grantee  therein  named  and  to  his  successors  in 
interest. 

§  9.  All  lots  or  parcels  of  land  remaining  unproved  at  the  expiration  of  the 
time  specified  in  section  three  of  this  act  shall  be  deemed,  held  and  taken  to  be 
the  property  of  said  town,  and  shall  be  held  as  such  in  trust  by  the  board  of 
trustees,  and  shall  be  disposed  of  in  such  manner  as  they  may  prescribe  by  ordi- 
nance duly  made  and  published. 

§  10.  Whenever  a  patent  shall  issue  to  said  town  from  the  United  States, 
it  shall  inure  to  the  several  benefit  of  those  whose  claims  have  been  confirmed 
and  who  have  received  deeds  from  the  said  board  of  trustees,  to  every  intent  as 
though  the  same  had  been  issued  directly  to  them,  without  any  further  or  addi- 
tional conveyance ;  and  it  is  hereby  made  the  duty  of  the  said  board  of  trustees 
to  cause  said  patent,  when  so  issued,  to  be  recorded  in  the  recorder's  office  of 
said  county. 

§  11.  All  deeds  of  conveyances  heretofore  made,  executed  and  delivered  by 
the  several  boards  of  trustees  of  said  town,  from  its  organization  on  February 
first,  eighteen  hundred  and  fifty-eight,  to  the  present  time,  to  any  person  or  per- 
sons, of  any  lands  within  the  territorial  limits  above  described,  are  hereby  legal- 
ized, ratified  and  confirmed,  and  shall  be  deemed,  held  and  taken  to  confer  title 
in  the  premises  therein  specified  to  the  person  or  persons  therein  mentioned  as 
grantee  or  grantees,  and  to  his  or  her  heirs  and  assigns,  as  fully  and  effectually 
as  though  the  same  had  been  executed  subsequently  to  the  passage  of  this  act  and 
in  the  manner  above  described. 

§  12.  Ordinances  numbered  severally  two  and  thirteen  (2  and  13)  of  the 
board  of  trustees  of  the  said  town,  passed  respectively  May  ninth  and  October 
twenty-ninth,  anno  Domini  eighteen  hundred  and  fifty-nine,  relating  to  the 
laying  out  of  streets,  lanes  and  public  squares,  and  adopting  Hutton's  map  of 
said  town,  are  hereby  approved,  ratified  and  confirmed,  but  the  board  of  trustees 
of  said  town  shall  have  power  to  alter  or  modify  the  said  survey  in  any  particu- 
lar and  to  order  and  procure  to  be  made  any  new  or  extended  or  additional 
survey  of  the  said  town. 

§  13.     This  act  shall  take  effect  from  and  after  its  passage. 

See  tit.  Mnntclpal  Corporations. 

SAN  LUIS  OBISPO  COUNTY. 

Concerning  the  county  records  of  the  county  of  San  Luis  Obispo. 

(Stats.  1860,  11,  ch.  XXL) 

§  1.  The  county  recorder  of  the  county  of  San  Luis  Obispo  is  hereby  author- 
ized and  required,  on  receipt  of  an  order  from  the  board  of  supervisors  of  said 
county,  to  transcribe,  in  such  manner  and  into  such  books  as  are  prescribed  by 
section  twelve  of  the  act  entitled  **An  act  concerning  county  recorders,"  passed 
March  twenty-sixth,  anno  Domini  one  thousand  eight  hundred  and  fifty-one,  all 

Gen.  Laws — 76 


1202  SAN    liUIS    OBISPO    COUNTY — RECORDS    OF — ADDITONAL.    JUDGE:. 

the  records  of  deeds  and  mortgages  now  existing  in  his  office,  as  well  as  all  such 
other  legal  records  existing  in  said  office  and  in  his  custody  as  the  said  board 
shall  deem  necessary  and  proper, 

§  2.  The  transcript  hereby  authorized  to  be  made  shall  contain  in  each  book 
the  whole  of  the  corresponding  record  of  said  county  appropriate  to  the  said 
book,  up  to  the  date  of  the  completion  of  the  said  transcript;  and  immediately 
upon  said  completion  it  shall  be  the  duty  of  the  said  recorder  to  inscribe  in  such 
book,  at  the  end  of  the  portion  of  the  transcript  therein  made,  his  certificate  to 
the  effect  that  the  same  is  a  full,  true,  and  complete  transcript,  of  the  whole  of 
the  record  of  said  county  appropriate  to  the  said  book. 

§  3,  Immediately  upon  the  affixing  of  the  certificates  mentioned  in  the  last 
section,  the  books  in  which  the  same  shall  be  inscribed,  shall  be  and  become  the 
legal  record  books  of  the  said  county  for  the  class  of  records  to  which  the  same 
are  respectively  appropriate,  and  the  said  recorder  shall  thereafter  employ  and 
use  the  same  as  such  legal  books  of  record. 

§  4.  Such  records  as  were  legalized  by  the  act  of  the  legislature  of  California 
of  May  fifth,  anno  Domini  one  thousand  eight  hundred  and  fifty-five,  to  legalize 
certain  records  in  the  county  of  San  Luis  Obispo,  shall  not  be  transcribed  in  one 
book,  but  the  same  shall  be  separated,  the  one  from  the  other,  and  shall  each  be 
transcribed  in  its  proper  order  and  place,  in  the  appropriate  books  of  record. 

§  5.  It  shall  be  lawful  for  the  board  of  supervisors  of  the  said  county,  to  fix 
a  limit  of  time  within  which  the  said  transcripts  shall  be  required  to  be  made. 

§  6.  The  transcript  herein  authorized  to  be  made,  and  every  part  and  parcel 
thereof,  shall  be  held  to  have  the  same  validity,  force,  and  effect,  as  the  original 
record ;  and  legally  certified  copies  thereof  shall  be  received  and  read  in  evidence 
in  all  courts,  in  the  same  manner  and  with  like  effect  as  copies  of  the  original 
record. 

§  7.  The  original  books  of  record  so  transcribed  as  herein  authorized  shall 
be  preserved  in  a  secure  place  by  the  said  recorder,  and  shall  be  open  to  inspec- 
tion as  other  records;  and  nothing  herein  contained  shall  be  so  construed  as  to 
impair  the  force  or  validity  of  the  same,  or  of  any  duly  certified  copy  thereof. 

§  8.  The  county  recorder  shall  receive  for  all  services  under  this  act,  includ- 
ing the  certificates  to  the  correctness  of  the  said  transcript  and  making  the 
proper  notes  and  indices,  nine  cents  per  folio,  for  all  words  and  figures  neces- 
sarily used  in  the  said  transcript,  and  no  other  compensation  whatsoever  shall 
be  charged  or  allowed  on  account  of  services  under  this  act;  and  the  said  re- 
corder shall  be  liable  upon  his  official  bond  for  the  neglect  or  improper  perform- 
ance of  the  services  herein  provided  to  be  rendered  by  him. 

§  9.  All  claims  for  services  performed  under  and  by  virtue  of  this  act,  shall 
be  audited  and  allowed  in  the  same  manner  as  other  claims  against  the  said 
county,  and  shall  be  payable  in  warrants  drawn  upon  the  general  fund  of 
said  county. 

SAN   LUIS   OBISPO    COUNTY. 

Providing  for  an  additional  superior  judge  for  the  county  of  San  Luis  Obispo, 
and  providing  for  his  appointment  and  salary. 
(Stats.  1889,  6,  ch.  IX.) 


SAN  liUIS    OBISPO   COUNTY— JUDGES— SAN   MATEO    COUNTY.  1203 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  San  Luis 
Obispo,  state  of  California,  is  hereby  increased  from  one  (1)  to  two  (2). 

§  2.  Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  San  Luis  Obispo, 
state  of  California,  who  shall  hold  office  until  the  first  Monday  after  the  first 
day  of  January,  anno  Domini  one  thousand  eight  hundred  and  ninety-one.  At 
the  next  general  election,  one  judge  of  the  superior  court  of  said  county  shall 
be  elected  in  said  county,  who  shall  be  the  successor  of  the  judge  appointed 
hereunder,  to  hold  office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3.  Such  additional  judge  of  the  superior  court  shall  receive  such  salary  as 
may  be  allowed  by  law  at  the  time  of  his  appointment  and  qualification,  which 
shall  be  paid  in  the  same  manner  as  the  salary  of  the  judge  of  the  superior  court 
of  said  county  is  now  paid, 

§  4,     This  act  shall  take  effect  immediately. 

People    ex    rel.    Hargrave    vs.    Markham,  104   Cal.   232,    235,    37   Pac.   Rep.   918. 

SAN   LUIS  OBISPO   COUNTY. 

See  tit.  Hunting  on  Private  Property. 

SAN  LUIS  OBISPO  COUNTY— JUDGES. 

Providing  that  the  office  of  the  judge  of  the  superior  court  of  the  county  of  San 
Luis  Obispo,  state  of  California,  now  held  by  Judge  D.  S.  Gregory,  shall 
cease  upon  a  vacancy  occurring  therein. 

(Stats.  1889,  333,  ch.  CCXXIL) 

§  1,  Upon  the  office  of  the  judge  of  the  superior  court  of  the  county  of  San 
Luis  Obispo,  state  of  California,  now  held  by  Judge  D,  S.  Gregory,  becoming 
vacant,  by  resignation  or  otherwise,  such  office  shall  cease ;  and  thereafter  there 
shall  be  but  one  judge  of  the  superior  court  in  and  for  the  county  of  San  Luis 
Obispo,  state  of  California. 

§  2.     This  act  shall  take  effect  immediately. 

People    ex    rel.    Hargrave   vs.    Markham,   104  Cal.  232.  235,  37  Pac.  Rep.  918, 

SAN  MATEO  COUNTY. 

To  declare  certain  tide-lands   public   grounds,   and   granting  the  same   to  the 
county  of  San  Mateo  in  trust  for  the  use  of  the  public. 

i( Stats.  1893,  42,  ch,  XXIV.) 

§1,  That  all  the  tide-lands  between  the  line  of  high  and  low  tide,  described 
below,  are  hereby  dedicated  as  public  grounds,  and  the  title  thereto  is  granted 
to  the  county  of  San  Mateo  in  trust  for  the  use  of  the  public,  and  without  the 
power  to  sell  or  in  any  manner  dispose  of  the  same,  or  any  part  thereof;  said 
lands  shall  be  made  and  kept  accessible  to  the  public  for  the  purposes  aforesaid. 
The  lands  above  mentioned  are  described  as  follows :  Being  all  the  lands  between 
high  and  low  tide  along  the  shore  of  the  Pacific  Ocean  commencing  at  the 
mouth  of  Pescadero  Creek,  and  running  southerly  with  the  shore  line  of  said 
ocean  to  a  point  known  as  the  mouth  of  "Bean  Hollow  Lagoon,"  about  three 


1204        SANTA  BARBARA,  CITY    OF — LEGALIZING  GRANTS   OP   AYUNTAMIENTO. 

miles  distant,  and  including  all  those  tide-lands  nsnally  known  and  called 
"Pebble  Beach,"  situate,  lying,  and  being  in  the  county  of  San  Mateo,  state  of 
California. 

See   tit.   Hunting  on   Private  Property. 

SAN  PEDRO,  NEW. 

To  change  the  name  of  "New  San  Pedro,"  a  town  in  Los  Angeles  County. 

(Stats.  1863,  328,  ch.  CCLII.) 

§  1.  It  shall  be  lawful  for  the  town  in  Los  Angeles  County,  hitherto  known  as 
**New  San  Pedro,"  to  be  changed  to  the  name  of  Wilmington. 

See  tits.  San  Pedro  Bay;  Municipal  Corporations;  Pilots. 

SAN  PEDRO  BAY. 

See  tit.  Pilots. 

SAN  RAFAEL— TOWN. 

See  tit.  Municipal  Corporations. 

SANTA  BARBARA— CITY. 

To  legalize  certain  grants  and  sales  made  by  the  ayuntamiento  of  the  pueblo, 
and  by  the  mayor  and  common  council  of  the  city  of  Santa  Barbara,  of 
lands  belonging  to  the  said  pueblo  and  city. 

(Stats.  1861,  371,  ch.  CCCLXV.) 

§  1.  All  grants  of  lots,  or  parcels  of  land,  within  the  jurisdiction  of  Santa 
Barbara,  heretofore  made  by  the  ayuntamiento  of  the  pueblo  of  Santa  Barbara, 
in  conformity  to  the  laws  and  regulations  in  force  at  the  date  of  said  grants,  in 
the  department  of  Upper  California,  and  for  which  titles  have  been  duly  issued, 
are  hereby  ratified  and  confirmed. 

§  2.  All  grants  and  sales  heretofore  made  in  good  faith  by  the  mayor  and 
common  council  of  the  city  of  Santa  Barbara,  of  lands  belonging  to  said  city, 
and  for  which  proper  conveyances  have  been  executed  by  the  mayor  and  com- 
mon council  of  said  city,  are  hereby  approved,  ratified,  and  confirmed ;  provided, 
however,  that  nothing  in  this  act  shall  be  so  construed  as  to  ratify,  approve,  or 
confirm,  any  grant,  or  sale  of  any  lands,  made  by  the  mayor  and  common 
council  of  said  city,  of  which  any  person,  or  persons,  other  than  the  grantee,  or 
grantees,  named  in  the  conveyance,  or  their  successors  in  interest,  were  at  the 
date  of  the  grant,  or  sale,  in  peaceable  possession  under  color  of  title,  or  other- 
wise ;  or  upon  which  any  person,  or  persons,  other  than  the  grantee,  or  grantees, 
named  in  the  conveyance,  or  their  successors  in  interest,  had  erected  any  build- 
ing, or  buildings,  or  made  other  valuable  improvements ;  and,  provided,  further, 
that  nothing  in  this  act  shall  be  so  construed  as  to  ratify,  approve,  or  confirm, 
any  grant  made  of  any  of  the  plazas,  or  portions  of  them,  as  such  plazas  are 
designated  in  the  official  map  of  the  city  of  Santa  Barbara,  since  the  existence 
of  such  map. 

§  3.  All  titles,  or  conveyances  of  lands  made  and  issued  by  the  proper  officers, 
in  virtue  and  in  pursuance  of  any  grant  of  lands  made  by  the  ayuntamiento  of 


SANTA     BARBARA,      CITY    OF— CONFIRMING    GRANTS    BY— COUNTY    OF.        1205 

the  pueblo  of  Santa  Barbara,  or  by  the  mayor  and  common  council  of  said  city, 
as  specified  in  this  act,  and  in  accordance  with  the  provisions  of  this  act,  shall 
be  valid,  and  invest  the  grantee,  or  grantees,  and  their  successors  in  interest, 
with  all  the  right,  title,  and  interest,  of  the  said  pueblo  and  city  of  Santa  Bar- 
bara, to  all  intents  and  purposes,  according  to  the  terms  and  conditions  of  such 
grants  or  sales. 

§  4.  A  certain  book  of  record,  kept  by  the  former  ayuntamiento  of  Santa 
Barbara,  entitled  "Acuerdo  de  Titulis,"  shall  be  deposited  by  the  custodian 
thereof,  in  the  office  of  the  recorder  of  the  county  of  Santa  Barbara,  where  it 
shall  remain  as  a  part  of  the  records  of  said  county;  and  anything  contained 
therein,  may  thereafter  be  read  as  prima  facie  evidence  of  the  acts  recited 
therein,  without  further  proof  of  its  authenticity ;  and  such  book  of  records  shall 
be  in  like  manner  as  legally  recorded  conveyances,  notice  to  all  persons  of  the 
contents  thereof,  from  the  time  of  such  deposit. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

See  tit.  Municipal  Corporations. 

SANTA  BARBARA— CITY. 

To  legalize  and  confirm  certain  grants  and  sales  of  town  lands  by  the  board  of 
trustees  of  the  town  of  Santa  Barbara,  and  by  the  mayor  and  common 
council  of  the  city  of  Santa  Barbara,  made  since  the  passage  of  the  act  of 
March  thirty-first,  one  thousand  eight  hundred  and  sixty-six. 
(Stats.  1869-70,  666,  ch.  CCCCLVIII.) 

§  1.  All  grants  or  sales  of  lots  or  parcels  of  land  within  the  limits  of  the 
survey  of  the  pueblo  lands  of  Santa  Barbara,  as  made  by  the  United  States 
surveyor-general  in  and  for  the  state  of  California,  by  virtue  of  the  final  decree 
of  confirmation  thereof,  made  by  the  mayor  and  common  council  of  the  city  of 
Santa  Barbara,  or  by  the  board  of  trustees  of  the  town  of  Santa  Barbara,  in 
conformity  to  ordinances  of  said  city  or  town  in  force  at  the  time  the  grants  or 
sales  aforementioned  were  made,  and  for  which  titles  or  conveyances  have  been 
duly  issued  and  signed  by  the  proper  city  authorities,  or  by  the  president  and 
secretary  of  the  board  of  trustees  of  the  town,  since  the  passage  of  the  act  of 
March  thirty-first,  eighteen  hundred  and  sixty-six,  are  hereby  ratified  and  eon- 
firmed. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

Under  the  charter  of  Santa  Barbara,  1873-4.  330.  ch.  CCXXVIII.  See  City  of  Santa  Bar- 
bara vs.  Eldred,  95  Cal.  378,  383,  30  Pac.  Rep.  562. 

SANTA  BARBARA  COUNTY. 

Concerning  conveyances  in  the  county  of  Santa  Barbara. 
(Stats.  1873-4,  61,  ch.  LXIV.) 

§  1,.  All  deeds  of  conveyance  of  lands  in  the  town  of  Santa  Barbara,  ac- 
knowledged and  recorded  by  Charles  E.  Cook,  formerly  county  clerk  and  ex 
officio  county  recorder  of  the  county  of  Santa  Barbara,  in  which  the  said  Cook 
was  the  grantee,  shall  be  deemed  and  held  to  be  valid  in  all  respects,  and  as  duly 
and  legally  acknowledged  and  recorded  as  if  the  said  Cook  had  no  interest 
therein. 


1306        SANTA    CLARA,    TOWN    OP— AUTHORIZATION    TO    TAKE    AND    CONVEY. 

§  2.  Duly  certified  copies  of  the  deeds  mentioned  in  the  first  section  of  this 
act,  may  be  read  in  evidence,  under  the  same  circumstances  and  rules  as  are  now 
or  hereafter  may  be  provided  by  law,  for  using  copies  of  instruments  duly 
executed  and  acknowledged. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See   tit.   Hunting;   on   Private   Property. 

SANTA  CLARA— TOWN. 

To  authorize  the  corporate  authorities  of  the  town  of  Santa  Clara  to  take  and 
hold  in  trust  and  convey  certain  lands. 

(Stats.  1871-2,  306,  ch.  CCXXX.) 

§  1.  Whereas,  the  Congress  of  the  United  States  has  by  an  act  thereof  en- 
titled "An  act  to  quiet  title  to  land  in  the  towns  of  Santa  Clara  and  Petaluma, 
in  the  state  of  California,"  approved  March  first,  eighteen  hundred  and  si:?ty- 
seven,  has,  among  other  things,  relinquished  and  granted  all  the  right  and  title 
of  the  United  States  to  the  land  situated  within  the  corporate  limits  of  said  town 
of  Santa  Clara  to  the  corporate  authorities  of  said  town,  and  their  successors 
in  trust,  for  and  with  authority  to  convey  so  much  of  said  land  as  was  at  the 
date  of  said  act  in  the  bona  fide  occupancy  of  parties  by  themselves  or  tenants, 
to  such  parties;  now  therefore,  in  order  to  more  effectually  carry  out  the  pro- 
visions of  said  trust,  the  board  of  trustees  of  the  town  of  Santa  Clara,  and 
their  successors  in  office,  are  hereby  declared  to  be  the  corporate  authorities  of 
the  town  of  Santa  Clara,  named  in  said  act  of  Congress,  for  the  purposes  of 
holding  the  legal  title  to  the  lands  mentioned  in  said  act  within  the  corporate 
limits  of  the  said  town  of  Santa  Clara,  and  of  executing  said  trust  in  reference 
thereto. 

§  2.  Said  board  of  trustees,  on  application  of  any  person  entitled  to  the 
benefits  of  said  trust,  shall,  by  resolution  entered  on  their  minutes,  direct  the 
president  of  said  board  to  execute  and  deliver  in  the  name  of  and  for  and  on 
behalf  of  said  board,  a  deed  of  conveyance  to  such  person,  conveying  to  him 
all  the  title,  legal  and  equitable,  acquired  by  the  corporate  authorities  of  said 
town  under  said  act  of  Congress,  in  and  to  the  lands  to  which  he  may  be  so 
entitled.  And  the  president  of  said  board  of  trustees  shall  thereupon  execute, 
acknowledge,  and  deliver  for  and  on  behalf  of  said  board  such  deed  of  convey- 
ance to  the  person  so  applying  therefor  of  the  lands  to  which  he  may  be  so 
entitled.  Such  deed  shall  be  prima  facie  evidence  that  the  grantee  therein 
named  is  the  legal  and  equitable  owner  of  the  lands  therein  described. 

§  3.  Said  board  of  trustees  shall  have  power  to  hear  and  determine,  under 
such  rules  as  it  may  prescribe,  all'claims  and  applications  by  any  and  all  persons 
for  lands  under  the  provisions  of  said  act  of  Congress,  and  of  conflicting  claims 
between  individuals  for  the  same  tract  or  tracts  of  lands;  provided,  such  de- 
termination shall  not  prejudice  any  valid  adverse  right  or  claim  to  said  lands 
or  any  part  thereof,  if  such  exists,  nor  preclude  a  judicial  investigation  and 
determination  thereof,  if  the  same  shall  be  instituted  within  one  year  after  the 
execution  of  the  conveyance  hereinbefore  provided  for. 

See   tit.   Municipal   Corporations. 


SANTA  CLARA  COUNTY— JUDGES  AND  RECORDS  OF.  1207 

SANTA  CLARA  COUNTY— JUDGES. 

To  increase  the  number  of  judges  of  the  superior  court  of  the  county  of  Santa 
Clara,  and  to  provide  for  the  appointment  of  an  additional  judge. 

(Stats.  1897,  7,  ch.  IX.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Santa 
Clara  is  hereby  increased  from  two  to  three. 

§  2.  Within  ten  days  after  the  passage  of  this  act  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Santa  Clara,  state 
of  California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  anno  Domini  eighteen  hundred  and  ninety-nine.  At  the  next  general 
election  a  judge  of  the  superior  court  of  the  said  county  shall  be  elected  in  said 
county,  who  shall  be  the  successor  of  the  judge  appointed  hereunder,  to  hold 
office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and 
shall  be  paid  at  the  same  time  and  in  the  same  manner  as  the  salary  of  the  other 
judges  of  the  superior  court  of  the  said  county,  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

SANTA  CLARA  COUNTY— RECORDS. 

To  legalize  certain  records  in  the  recorder's  office  of  the  county  of  Santa  Clara. 
(Stats.  1861,  507,  ch.  CCCCXLVIII.) 

§1.  That  the  six  books  of  records,  labeled  and  numbered  respectively,  num- 
ber one,  number  two,  number  three,  number  four,  number  five,  and  number 
six,  which  were  formerly  of  the  records  of  the  office  of  the  alcalde,  and  other 
officers  of  the  late  Pueblo  de  San  Jose  de  Guadalupe,  and  which  are  now  kept 
as  a  part  of  the  records  of  the  county  recorder's  office  of  the  county  of  Santa 
Clara,  shall  continue  to  be,  and  form  a  part  of,  the  legal  records  of  the  said 
recorder's  office. 

§  2.  That  any  of  the  original  deeds,  conveyances,  or  other  instruments  in 
writing,  whereby  any  real  estate,  or  any  right,  title,  or  interest  therein,  situated 
within  the  present  limits  of  the  city  of  San  Jose,  is  conveyed,  or  may  be  afi'ected, 
which  are  of  record  in  said  books  of  record,  may  be  offered  in  evidence,  in  the 
same  manner  and  with  the  same  force  and  effect,  in  all  cases,  as  if  they  had  been 
produced  from  the  custody  of  the  person  claiming  under,  or  through,  such  deed, 
conveyance,  or  other  instrument  in  writing. 

§  3.  That  the  record,  or  a  transcript  of  the  record,  certified  by  the  recorder 
under  his  seal  of  office,  of  any  of  the  deeds,  conveyances,  or  other  instruments 
in  writing,  whereby  any  real  estate,  or  any  right,  title,  or  interest  therein,  situ- 
ated within  the  limits  of  the  city  of  San  Jose,  is  conveyed,  or  may  be  affected, 
which  appears  of  record  in  either  of  said  books  of  record,  shall  have  the  same 
force  and  effect  as  evidence  as  a  duly  certified  transcript  of  the  record  of  a 
deed  duly  recorded  by  the  county  recorder. 

§  4.  That  the  record  of  every  such  deed,  conveyance,  or  other  instrument  in 
writing,  as  aforesaid,  shall  impart  notice  to  all  persons  of  the  contents  thereof. 


laOS  SANTA    CLARA    COUNTY— TRANSLATION    OP    SPANISH    RECORDS. 

and  subsequent  purchasers  and  mortgagees,  shall  be  deemed  to  purchase  and 
take  with  notice. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See   next   two    following   statutes. 

SANTA  CLARA  COUNTY— RECORDS. 

To  authorize  the  board  of  supervisors  of  Santa  Clara  County  to  have  certain 
Spanish  records  translated  into  English. 

(Stats.  1863,  11,  ch.  VIII.) 

§  1.  The  board  of  supervisors  of  the  county  of  Santa  Clara  are  hereby  au- 
thorized to  employ  some  competent  Spanish  scholar,  or  scholars,  to  translate 
from  Spanish  into  English  the  Spanish  records  of  every  kind  and  description 
now  on  file  in  the  recorder's  office  in  said  county. 

§  2.  The  said  translator,  or  translators,  as  the  case  may  be,  shall  be  sworn 
by  the  clerk  of  said  board  of  supervisors  to  make  a  true  and  careful  translation 
from  Spanish  into  English  of  all  and  every  part  of  said  Spanish  records. 

§  3,  The  translation  provided  for  in  this  act,  when  completed,  shall  be  sub- 
mitted to  the  examination  of  said  board  of  supervisors;  and  if  approved  by 
them,  shall  be  recorded  in  one  or  more  blank-books,  as  they  shall  direct,  and  be 
deposited  in  the  recorder's  office  of  said  county,  and  shall  remain  on  file  in  said 
office,  and  shall  be  a  part  of  the  lawful  records  of  said  county. 

§  4.  All  expenses  incurred  by  the  said  board  in  carrying  out  the  provisions 
of  this  act,  shall  be  paid  out  of  the  contingent  fund  of  said  county. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See    last   preceding    and    next    following  statutes. 

SANTA  CLARA  COUNTY— RECORDS. 

Concerning  the  county  records  of  the  county  of  Santa  Clara. 
(Stats.  1869-70,  779,  ch.  DXXII.) 

§  1.  The  county  recorder  of  the  county  of  Santa  Clara  is  hereby  authorized 
and  required,  on  receipt  of  an  order  from  the  board  of  supervisors  of  said 
county,  to  transcribe  in  such  manner  and  into  such  books  as  are  prescribed  by 
section  twelve  (12)  of  an  act  entitled  an  act  concerning  county  recorders,  passed 
March  twenty-sixth,  anno  Domini  one  thousand  eight  hundred  and  fifty-one,  all 
records  of  deeds  and  mortgages  now  existing  in  his  office,  as  well  as  all  such  other 
legal  records  existing  in  said  office  and  in  his  custody,  as  the  said  board  shall  deem 
necessary  and  proper, 

§  2.  The  transcript  hereby  authorized  to  be  made  shall  contain  in  each  book 
the  whole  of  the  corresponding  record  of  said  county,  appropriate  to  said  book, 
up  to  the  date  of  the  completion  of  the  said  transcript;  and  immediately  upon 
said  completion,  it  shall  be  the  duty  of  said  recorder  to  inscribe  in  such  book,  at 
the  end  of  the  portion  of  the  transcript  therein  made,  his  certificate  to  the  effect 
that  the  same  is  a  full,  true  and  complete  transcript  of  the  whole  of  the  record 
of  said  county,  appropriate  to  the  said  book. 

§  3.     Immediately  upon  the  affixing  of  the  certificates  mentioned  in  the  last 


SANTA    CLARA   COUNTY   RECORDS— SANTA   RITA,    TOWN    OP.  1200 

section,  the  books  in  which  the  same  shall  be  inscribed  shall  be  and  become  the 
legal  record  books  of  the  said  county  for  the  class  of  records  to  which  the  same 
are  respectively  appropriate,  and  the  said  recorder  shall  thereafter  employ  and 
use  the  same  as  such  legal  books  of  record. 

§  4.  It  shall  be  lawful  for  the  board  of  supervisors  of  the  said  county  to 
fix  a  limit  of  time  within  which  said  transcript  shall  be  required  to  be  made. 

§  5.  The  transcript  herein  authorized  to  be  made,  and  every  part  and  parcel 
thereof,  shall  be  held  to  have  the  same  validity,  force  and  effect  as  the  original 
record;  and  legally  certified  copies  thereof  shall  be  received  and  read  in  evi- 
dence in  all  courts,  in  the  same  manner  and  with  like  effect  as  copies  of  the 
original  record. 

§  6.  The  original  books  of  record  so  transcribed,  as  herein  authorized,  shall 
be  preserved  in  a  secure  place  by  the  said  recorder,  and  shall  be  open  to  inspec- 
tion as  other  records;  and  nothing  herein  contained  shall  be  so  construed  as  to 
impair  the  force  or  validity  of  the  same,  or  of  any  duly  certified  copy  thereof. 

§  7.  The  county  recorder  shall  receive  for  all  services  under  this  act,  includ- 
ing the  certificates  to  the  correctness  of  the  said  transcript,  and  making  the 
proper  notes  and  indices,  twelve  cents  per  folio  for  all  words  [and]  figures 
necessarily  used  in  the  said  transcript,  and  no  other  compensation  whatsoever 
shall  be  charged  or  allowed  on  account  of  services  under  this  act;  and  the  said 
recorder  shall  be  liable,  upon  his  official  bond,  for  the  neglect  or  improper  per- 
formance of  the  services  herein  provided  to  be  rendered  by  him. 

§  8.  All  claims  for  services  performed  under  and  by  virtue  of  this  act  shall 
be  audited  and  allowed  in  the  same  manner  as  other  claims  against  the  said 
county  and  shall  be  payable  in  warrants  drawn  upon  the  general  fund  of  said 
county. 

See   last  two  preceding  statutes. 

SANTA  CRUZ— CITY. 
See  tit.  Municipal  Corporations. 

SANTA  CRUZ  COUNTY. 

See  tit.  Parks,  Public. 

SANTA  MONICA. 

See  tits.  Municipal  Corporations;  Sea-gulls. 

SANTA  RITA— TOWN. 

To  change  the  name  of  the  town  of  New  Republic,  in  the  county  of  Monterey, 

state  of  California,  to  Santa  Rita. 

(Stats.  1873-4,  823,  ch.  DLXXXII.) 

§  1.  The  name  of  the  town  of  New  Republic,  in  the  county  of  Monterey,  state 
of  California,  is  hereby  changed  to  that  of  "Santa  Rita." 

§  2.  All  acts  done  or  performed  by  any  trustees  or  other  town  authorities  of 
New  Republic,  shall  be  deemed  valid,  and  of  the  same  force  and  effect  as  though 
done  in  the  name  of  the  town  of  Santa  Rita. 

§  3.     This  act  shall  take  effect  immediately. 


1310  SCHOOL   BOOKS,   PROTECTION    OF — SCHOOLS,  ANNUITY   FUND,   ETC. 

SANTA  ROSA— CITY. 

See  tit.  Municipal  Corporations. 

SCHOOL  BOOKS— PROTECTION  OF. 

To  provide  for  the  care  and  security  of  the  state  series  of  school  text-books,  by 
the  erection  of  a  fire-proof  warehouse  to  be  used  for  the  storage  of  the  same, 
authorizing  the  appointment  of  a  storekeeper  to  have  the  care  and  custody 
of  said  text-books,  and  appropriating  money  to  pay  the  expenses  of  erecting 
said  warehouse. 

(Stats.  1887,  131,  ch.  CVIIl.) 

§  1.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of  the  gen- 
eral fund  for  the  construction  of  a  fire-proof  warehouse,  of  which  the  roof,  out- 
side doors,  and  window  shutters,  shall  be  made  of  iron,  the  walls  of  brick,  and 
the  floor  of  concrete,  which  warehouse  shall  be  used  for  the  storage  of  the  state 
series  of  school  text-books,  and  the  paper,  electrotypes,  and  other  materials 
necessary  for  the  publication  of  said  state  series  of  text-books.  The  said  fire- 
proof warehouse  shall  be  erected  under  the  supervision  of  the  superintendent  of 
state  printing,  and  shall  be  located  in  the  same  inclosure  in  which  the  state 
printing  office  is  located,  and  shall  be  completed  on  or  before  July  first,  one 
thousand  eight  hundred  and  eighty-seven,  anno  Domini. 

§  2.     This  act  shall  take  effect  immediately. 

SCHOOLS— ANNUITY  FUND,   TEACHERS'. 

To  create  and  administer  a  public  school  teachers'  annuity  and  retirement  fund 
in  the  several  counties,  and  cities  and  counties  of  the  state. 

(Stats.  1895,  170,  ch.  CLXVI;  amended  1897,  225,  ch.  CLXIX;  1901,  676,  eh. 
CCXXX;  1903,  271,  ch.  CCXXXI.  Supplemental  act,  "Withdrawals," 
1903,  131,  ch.  CXX.) 

§  1.  The  superintendent  of  public  schools,  or  in  consolidated  cities  and 
counties,  the  superintendent  of  common  schools,  the  county  treasurer,  or  in 
consolidated  cities  and  counties,  the  city  and  county  treasurer,  and  the  chairman 
of  the  board  of  supervisors,  or  in  consolidated  cities  and  counties,  the  mayor, 
of  each  county,  or  consolidated  city  and  county,  and  their  successors  in  office, 
are  hereby  constituted  a  board  of  trustees  of  the  public  school  teachers'  annuity 
and  retirement  fund,  to  manage  the  same  as  hereafter  directed ;  said  board  shall 
be  known  as  the  public  school  teachers'  retirement  fund  commissioners,  and  its 
members  shall  serve  without  extra  compensation,  and  shall  be  liable  on  their 
official  bonds  for  the  performance  of  the  duties  imposed  by  this  act.  It  shall 
be  the  duty  of  the  di-striet  attorney  of  every  county,  or  the  city  and  county 
attorney  of  every  consolidated  city  and  county,  to  attend  to  all  suits,  matters, 
and  things  in  which  the  said  board  of  commissioners  may  be  legally  interested, 
and  to  give  his  advice  or  opinion,  in  writing,  whenever  required  by  said  board. 
[Amendment,  Stats.  1897,  225.] 

§2.     The  public  school  teachers'  retirement  fund  commissioners  shall  organ-         ^\ 
ize  as  such  board  by  choosing  one  of  their  number  as  chairman,  and  one  as  secre- 
tary.    The  county  treasurer,  or  in  consolidated  cities  and  counties,  the  city  and 


SCHOOLS — TEACHERS'    RETIREMENT    FUND — COMMISSIONERS — POWERS.      1211 

county  treasurer,  shall  be  ex  officio  treasurer  of  said  retirement  fund.  Said 
board  shall  hold  quarterly  meetings  on  the  third  Saturday  in  January,  April, 
July,  and  October  of  each  year,  at  the  office  of  the  county  superintendent  of 
public  schools,  or,  in  consolidated  cities  and  counties,  at  the  office  of  the  superin- 
tendent of  common  schools.  It  shall  biennially,  at  its  meeting  in  January,  select 
from  its  members  a  chairman  and  a  secretary.  A  majority  of  its  members  shall 
constitute  a  quorum  for  the  transaction  of  business.  It  shall  report  annually  to 
the  board  of  supervisors  of  the  county,  or  consolidated  city  and  county,  the 
condition  of  said  retirement  fund,  and  the  receipts  and  disbursements  on  account 
of  the  same,  with  a  full  and  complete  list  of  the  beneficiaries  of  said  fund,  and 
the  amounts  paid  to  each  of  them.     [Amendment,  Stats.  1897,  225.] 

§  3.  Said  board  of  public  school  teachers'  retirement  fund  commissioners 
shall  issue  warrants,  signed  by  its  chairman  and  secretary,  to  the  persons  en- 
titled thereto,  for  the  amounts  of  money  ordered  paid  to  such  persons  from  said 
fund  by  said  board,  stating  therein  for  what  purpose  such  payment  is  made, 
and  the  treasurer  shall  pay  such  warrants  on  presentation.  Said  board  shall 
keep  a  record  of  all  its  proceedings,  and  said  record  shall  be  open  to  public  in- 
spection. It  shall,  at  each  quarterly  meeting,  make  a  list  of  all  persons,  if  any, 
entitled  to  payment  out  of  the  funds  provided  by  this  act,  and  enter  said  list 
in  a  book  to  be  kept  by  them  for  that  purpose,  to  be  known  as  the  public  school 
teachers'  annuity  and  retirement  fund  book,  which  list  shall  be  sworn  to  as 
correct  by  the  chairman  and  the  secretary  of  said  board,  and  which  shall  be  open 
to  public  inspection.     [New  section.  Stats.  1897,  226.] 

§  4.  In  addition  to  the  powers  hereinbefore  granted  to  said  board,  it  shall 
have  the  power,  (1)  to  provide  for  the  payment  of  its  necessary  expenses,  such 
as  printing,  stationery,  and  postage  stamps;  and  where  the  number  of  those 
subject  to  the  burdens  of  this  act  is  greater  than  one  hundred,  it  may  employ  a 
clerk  at  a  salary  not  to  exceed  fifty  (50)  dollars  per  annum;  and  (2)  to  make 
such  needful  rules  and  regulations  for  the  transaction  of  its  business,  from  time 
to  time,  as  may  be  necessary;  the  said  expenses  and  the  said  clerk's  salary  shall 
be  paid  from  the  annuity  fund  in  such  counties  or  consolidated  cities  and  coun- 
ties, wherein  there  shall  be  ''Annuity  Funds,"  but,  wherever  there  shall  be  no 
"Annuity  Fund,"  the  said  expenses  shall  be  paid  from  the  "Distribution 
Fund,"  and  the  said  salary  from  the  reserve  fund.  [Amendment,  Stats. 
1903,  271.] 

§  5.  Those  subject  to  the  burdens  of  this  act  in  each  county,  or  in  each  con- 
solidated city  and  county,  at  a  meeting  called  for  the  purpose  by  the  superin- 
tendent of  public  schools  of  such  county  or  of  such  city  and  county,  on  the  first 
Saturday  in  May  following  the  creation  of  the  fund  hereinafter  specified,  shall 
elect  by  ballot  five  of  their  number,  who  shall  constitute  a  committee  on  retire- 
ment; the  members  of  said  committee  shall,  immediately  after  their  election, 
classify  themselves  by  lot  so  that  one  shall  serve  for  one  year,  two  serve  for  two 
years,  and  two  shall  serve  for  three  years;  and,  annually,  at  a  meeting  to  be 
called  in  the  same  manner  on  the  first  Saturday  in  May  of  each  year  after  the 
first  meeting,  the  successor  or  successors  of  the  member  or  members  of  said  com- 
mittee whose  term  of  office  is  about  to  expire,  shall  be  elected  for  a  term  of  three 
years;  provided,  however,  that  said  committee  shall  always  consist  of  at  least 


1212  SCHOOLS — TEACHERS'  RETIREMEIVT   FUND — APPLICANTS    FOR. 

one  class  teacher  from  some  primary  school,  one  from  some  grammar  school,  and 
one  from  some  high  school  in  the  county,  or  consolidated  city  and  county,  when- 
ever such  election  is  possible.  In  the  event  of  a  vacancy,  the  superintendent  of 
schools  shall  appoint  until  the  next  annual  election. 

Within  fifteen  days  after  the  taking  effect  of  this  amendatory  act,  the  con- 
tributors to  said  fund  in  any  county,  or  consolidated  city  and  county,  in  this 
state,  at  a  meeting  called  for  that  pui-pose,  by  the  superintendent  of  public 
schools  of  such  county,  or  consolidated  city  and  county,  (or  if  he  neglects  or 
refuses  to  call  such  meeting,  then  such  meeting  may  be  called  by  ten  of  such 
contributors,)  may  select  and  designate  by  resolution  adopted  by  a  majority 
vote  of  those  present,  which  of  the  two  alternatives  presented  in  section  eight 
class  two,  in  section  eight  class  six,  in  section  eight  class  seven,  and  in  section 
eleven,  respectively,  shall  be  followed  in  such  county  or  consolidated  city  and 
county. 

In  the  event  that  no  such  meeting  is  called  or  held  for  the  purpose  of  making 
such  selection  and  designation,  the  said  contributors  in  such  county,  or  con- 
solidated city  and  county,  wherein  no  such  meeting  shall  be  held,  will  be  deemed 
to  have  selected  the  first  (marked  subdivision  "A")  of  each  of  the  above- 
mentioned  alternatives. 

In  counties  and  consolidated  cities  and  counties  where  a  public  school  teach- 
ers' annuity  and  retirement  fund  shall  be  hereafter  created  the  said  selection  and 
designation  shall  be  made  at  the  said  meeting  to  be  held  on  the  first  Saturday  in 
May  following  the  creation  of  said  fund.  After  any  selection  and  designation 
shall  have  been  made,  pursuant  to  this  section,  no  change  shall  ever  be  made 
thereafter  in  that  connection.  A  certified  copy  of  all  resolutions  adopted  pur- 
suant to  this  section  shall  be  furnished  by  said  meeting  of  said  contributors  to 
the  board  of  public  school  teachers'  retirement  fund  commissioners  of  such 
county  or  consolidated  city  and  county.     [Amendment,  Stats.  1903,  271.] 

§  6.  The  board  of  education  of  any  incorporated  city  or  town,  and  the  board 
of  trustees  of  any  school  districts  outside  of  said  city  or  town,  shall  refer  all 
applications  for  retirement  to  said  committee  on  retirement,  or  may,  of  its  own 
motion,  submit  the  name  of  any  person  or  persons,  whom  it  desires  to  have  retired, 
to  the  said  committee  on  retirement,  and  it  shall  thereupon  be  the  duty  of  said 
committee  to  investigate  the  case  and  report  to  said  board  of  education  or  board 
of  trustees,  whether  or  not  said  teacher  should  be  retired,  and  the  annuity  to 
which  said  teacher  is  entitled,  if  entitled  to  any.  At  least  three  members  of  the 
said  committee  must  concur  in  the  report,  if  it  be  in  favor  of  granting  said  an- 
nuity. This  report  of  said  committee  shall  be  final.  Said  board  of  education,  or 
board  of  trustees,  shall  thereupon  certify  and  send  this  report  to  the  public  school 
teachers'  retirement  fund  commissioners,  who  shall  be  bound  by  its  decision. 
[New  section.  Stats.  1897,  227.] 

§  7.  In  addition  to  the  powers  heretofore  granted  to  said  committee  on 
retirement,  it  shall  have  the  power  (1)  to  subpoena  and  compel  witnesses  to 
attend  and  testify  before  it  on  all  matters  relating  to  the  operation  of  this  act, 
and  any  member  of  said  committee  may  administer  an  oath  or  affirmation  to  such 
witness  in  the  form  prescribed  in  courts  of  justice;  (2)  to  make  such  rules  and 
regulations  for  the  transaction  of  its  business  as  may  from  time  to  time  be 
necessary.     [New  section,  Stats.  1897,  227.] 


SCHOOLS— TEACHERS'  RETIREMENT  FUND — WHO  MAY  PARTICIPATE  IN.       1213 

§  8.  Any  public  school  teacher  or  any  occupant  of  one  of  the  offices  men- 
tioned in  subdivision  four  of  section  twelve  of  this  act,  who  has  been  a  contrib- 
utor under  the  provisions  of  this  act,  and  who  has  ceased  teaching,  for  a  time,  or 
has  ceased  to  occupy  such  office,  may  again  become  a  contributor  upon  return- 
ing to  teaching  in  the  public  schools  of  this  state,  or  upon  becoming  an  occupant 
of  any  one  of  the  offices  mentioned  in  said  subdivision  four  of  section  twelve, 
and  shall  thereupon  be  credited  with  his  said  previous  service  and  contribution ; 
provided,  that  no  person  shall  be  a  contributor  to  a  public  school  teachers' 
annuity  and  retirement  fund  under  this  act  who  does  not  hold  a  valid  certificate 
or  diploma  to  teach  in  the  public  schools  of  this  state. 

The  annuitants  under  this  act  are  classed  as  follows : 

Class  One.  Any  teacher  who  shall  have  served  in  the  public  schools  of  this 
state  for  thirty  years  as  a  teacher,  and  who  shall  have  been  subject  to  the  burdens 
imposed  by  this  act  for  thirty  years,  shall  be  entitled  to  retire  under  the  pro- 
visions of  this  act. 

Any  teacher  who  has  served  in  the  public  schools  of  this  state,  and  who  has 
served  in  one  or  more  of  the  offices  mentioned  in  said  subdivision  four  of  section 
twelve,  and  the  aggregate  period  of  whose  service  in  the  said  public  schools  and 
in  said  office  or  offices  shall  be  thirty  years,  and  who  shall  have  been  subject  to 
the  burdens  imposed  by  this  act  during  said  thirty  years,  shall  be  entitled  to 
retire  under  the  provisions  of  this  act;  provided,  however,  such  teacher  shall 
have  held  a  valid  certificate  or  diploma  to  teach  in  the  public  schools  of  this  state 
during  all  of  said  period.  Annuitants  of  class  one  shall  be  entitled  to  receive 
from  the  said  public  school  teachers'  annuity  and  retirement  fund  the  sum  of 
thirty  (30)  dollars  per  month  in  counties,  and  fifty  (50)  dollars  per  month  in 
consolidated  cities  and  counties,  payable  quarterly. 

Class  Two.  Any  teacher  who  shall  have  served  in  the  public  schools  of  this 
state  for  thirty  years,  and  who  was  unable  to  contribute  to  said  public  school 
teachers'  annuity  and  retirement  fund  for  thirty  years,  by  reason  of  the  non- 
establishment  or  non-existence  of  said  fund,  and  any  teacher  who  shall  have 
served  in  the  public  schools  of  this  state,  and  who  shall  have  served  in  one  or 
more  of  the  offices  mentioned  in  said  subdivision  four  of  section  twelve,  and 
the  aggregate  period  of  whose  service  in  the  said  public  schools,  and  in  said 
office  or  offices,  is  thirty  years,  and  who  has  held  a  valid  certificate  or  diploma 
to  teach  in  the  public  schools  of  this  state  during  all  of  said  period,  and  who 
was  unable  to  contribute  to  said  fund  for  thirty  years  by  reason  of  the  non- 
establishment  or  non-existence  of  said  fund,  shall  be  retired  upon  application  to 
the  said  board  under  either  subdivision  A  or  subdivision  B,  hereof,  as  the  con- 
tributors to  said  fund  in  such  county,  or  consolidated  city  and  county,  shall  have 
selected  to  follow,  as  provided  in  section  five  of  this  act. 

A.  Such  applicant  upon  retirement  shall  receive  from  the  public  school  teach- 
ers' annuity  and  retirement  fund  the  sum  of  thirty  (30)  dollars  per  month  in 
counties,  and  fifty  (50)  dollars  per  month  in  consolidated  cities  and  counties, 
payable  quarterly;  provided,  that  such  applicant  for  retirement  is,  at  the  date 
of  the  taking  effect  of  this  amendatory  act,  a  contributor  to  the  public  school 
teachers'  annuity  and  retirement  fund  in  the  county  or  consolidated  city  and 
county,  where  he  is  teaching  or  holding  such  office,  or  becomes  a  contributor 
thereto  within  ninety   (90)   days  after  he  becomes  such  teacher  or  such  office- 


1214        SCHOOLS — TEACHERS'  RETIREMENT  FUND — WHO  MAY  PARTICIPATE  IN. 

holder,  and  shall  have  paid  into  the  said  fund,  at  the  time  of  such  retirement,  a 
sum  aggregating  what  he  would  have  paid  into  said  fund  in  thirty  (30)  years, 
had  he  been  a  contributor  thereto  for  that  period ;  provided,  further,  that  annui- 
ties under  this  class  shall  not  begin  until  five  (5)  years  after  the  retired  teacher 
became  a  contributor. 

B.  Such  applicant  upon  retirement  shall  receive  from  the  public  school  teach- 
ers' annuity  and  retirement  fund  the  sum  of  five  (5)  dollars  per  month,  payable 
quarterly,  for  every  two  and  one  half  (2%)  years  (or  fraction  thereof  equal  to 
or  greater  than  one  half  of  two  and  one  half  years)  such  teacher  or  office-holder 
shall  have  contributed  to  said  fund,  until  the  maximum  annuity  of  thirty  (30) 
dollars  per  month  in  counties  and  fifty  (50)  dollars  per  month  in  consolidated 
cities  and  counties  shall  have  been  reached;  provided,  that  such  applicant  for 
retirement  is,  at  the  date  of  the  taking  effect  of  this  amendatory  act,  a  contrib- 
utor to  the  public  school  teachers'  annuity  and  retirement  fund  in  the  county,  or 
consolidated  city  and  county  where  he  is  teaching  or  holding  such  office,  or 
becomes  a  contributor  within  ninety  (90)  days  after  the  taking  effect  of  this 
amendatory  act,  or  becomes  a  contributor  thereto  within  ninety  (90)  days  after 
he  becomes  such  teacher  or  such  office-holder. 

No  person  shall  be  retired  under  this  subdivision  unless  he  shall  have  paid  into 
said  fund,  at  the  time  of  such  retirement,  a  sum  aggregating  what  he  would  have 
paid  into  said  fund  in  thirty  (30)  years  had  he  been  a  contributor  thereto  for 
that  period. 

No  teacher  or  office-holder  shall  be  retired  until  he  has  been  a  contributor  to 
the  fund  for  five  (5)  years. 

Class  Three.  Any  public  school  teacher  who  shall  have  served  for  thirty 
years,  twenty-five  of  which  shall  have  been  in  the  public  schools  of  this  state,  or 
partly  in  the  public  schools  of  this  state  and  partly  in  one  or  more  of  the  offices 
mentioned  in  said  subdivision  four  of  section  twelve,  and  who  shall  have  been 
subject  to  the  burdens  imposed  by  this  act  for  twenty-five  years,  shall  receive 
upon  retirement  after  thirty  years  of  such  service,  the  sum  of  thirty  (30)  dollars 
per  month  in  counties,  and  fifty  (50)  dollars  per  month  in  consolidated  cities 
and  counties,  payable  quarterly;  provided,  he  shall  have  paid  into  the  said  fund, 
at  the  time  of  such  retirement,  a  sum  aggregating  what  he  would  have  paid  into 
said  fund  in  thirty  (30)  years,  had  he  been  a  contributor  thereto  for  that  period. 

Class  Four.  Any  public  school  teacher  or  any  officer  mentioned  in  said  sub- 
division four  of  section  twelve,  subject  to  the  burdens  of  this  act,  who  shall  re- 
move to  another  county  in  this  state,  may  continue  to  be  a  contributor  to  the 
public  school  teachers'  annuity  and  retirement  fund  in  the  county,  or  in  the 
consolidated  city  and  county,  from  which  he  removed,  so  long  as  he  continues  to 
be  a  public  school  teacher  or  the  occupant  of  one  of  said  offices ;  and  it  is  hereby 
made  the  duty  of  the  county  treasurer  of  the  county,  or  consolidated  city  and 
county,  wherein  such  teacher  or  officer  agreed  to  become  subject  to  the  burdens 
of  this  act,  to  receive  such  contributions  of  such  non-residents,  and  to  place  such 
contributions  to  the  credit  of  the  public  school  teachers'  annuity  and  retire- 
ment fund. 

Class  Five.  Any  teacher  who  ceases  to  serve  in  the  public  schools  of  any 
county,  or  of  any  consolidated  city  and  county,  or  who  ceases  to  serve  in  one  of 
the  offices  mentioned  in  said  subdivision  four  of  section  twelve,  in  the  county  or 


SCHOOLS — TEACHERS'  RETIREMENT  FUND— WHO  MAV  PARTICIPATE  IN.        1215 

consolidated  city  and  county,  where  he  has  been  subject  to  the  burdens  imposed 
by  this  act,  and  who  shall  have  served  in  the  public  schools  of  this  state  for  thirty 
(30)  years,  or  who  shall  have  served  partly  in  the  public  schools  of  this  state  and 
partly  in  one  or  more  of  the  offices  mentioned  in  said  subdivision  four  of  section 
twelve,  for  an  aggregate  period  of  thirty  (30)  years,  shall  be  entitled  to  retire, 
and  to  receive  from  the  public  school  teachers'  annuity  and  retirement  fund  of 
the  county,  or  consolidated  city  and  county,  to  which  he  has  contributed  for  at 
least  five  (5)  years,  an  annuity  equal  to  such  proportion  of  the  maximum  an- 
nuity granted  under  this  act  as  the  time  he  has  been  subject  to  the  burdens  im- 
posed by  this  act  in  such  county,  or  consolidated  city  and  county,  bears  to  the 
period  of  thirty  years. 

Class  Six.  Contributors  to  said  public  school  teachers'  annuity  and  retire- 
ment fund  retiring  under  this  class,  shall  be  retired  either  under  subdivision  A, 
or  subdivision  B  hereof,  as  the  contributors  to  said  fund  in  such  county,  or  con- 
solidated city  and  county,  shall  have  selected  to  follow,  as  provided  in  section 
five  of  this  act. 

A.  If  any  teacher,  or  any  office-holder  mentioned  in  said  subdivision  four  of 
section  twelve,  after  the  expiration  of  fifteen  (15)  years,  and  before  the  expira- 
tion of  thirty  (30)  years,  of  service  in  the  public  schools  of  this  state,  or  of 
service  partly  in  the  said  public  schools  and  partly  in  one  or  more  of  the  offices 
mentioned  in  said  subdivision  four  of  section  twelve,  shall  be  compelled,  by 
reason  of  incapacity,  to  retire  from  public  school  service,  or  from  one  of  the 
offices  mentioned  in  said  subdivision  four  of  section  twelve,  while  holding  a  valid 
certificate  or  diploma  to  teach  in  the  public  schools  of  this  state,  such  retiring 
teacher  or  office-holder,  if  a  contributor  to  the  said  fund  at  the  time  of  retire- 
ment, shall  be  entitled  to  receive,  from  the  public  school  teachers'  annuity  and 
retirement  fund,  as  many  thirtieths  (30ths)  of  the  full  annuity  as  he  has  had 
years  of  said  service,  by  paying  into  the  public  school  teachers'  annuity  and 
retirement  fund  the  contributions  to  said  fund  corresponding  to  those  years  of 
service  rendered  at  a  time  when,  or  in  a  place  where,  it  was  impossible  to  make 
such  contributions  by  reason  of  the  non-existence  of  a  public  school  teachers' 
annuity  and  retirement  fund;  provided,  that  he  shall  have  Contributed  to  the 
said  fund  for  five  years  before  he  becomes  an  annuitant. 

B.  If  any  teacher  or  any  office-holder  mentioned  in  said  subdivision  four  of 
section  twelve,  after  the  expiration  of  five  years,  and  before  the  expiration  of 
thirty  years  of  service  in  the  public  schools  of  this  state,  or  of  service  partly  in 
the  said  public  schools  and  partly  in  one  or  more  of  the  offices  mentioned  in  said 
subdivision  four  of  section  twelve,  shall  be  compelled  by  reason  of  incapacity, 
to  retire  from  public  school  service,  or  from  one  of  the  offices  mentioned  in  said 
subdivision  four  of  section  twelve,  while  holding  a  valid  certificate  or  diploma 
to  teach  in  the  public  schools  of  this  state,  such  retiring  teacher  or  office-holder, 
if  a  contributor  to  the  said  fund  at  the  time  of  retirement,  shall  be  entitled  to 
receive  from  the  public  school  teachers'  annuity  and  retirement  fund  a  sum 
in  dollars  equal  to  such  proportion  of  the  maximum  annuity  granted  under  this 
act  as  the  time  he  shall  have  been  subject  to  the  burdens  of  this  act  bears  to  the 
period  of  thirty  years;  provided,  however,  that  those  who  have  served  in  the 
public  schools  of  this  state,  or  partly  in  the  said  public  schools  and  partly  in 
one  or  more  of  the  offices  mentioned  in    said  subdivision  four  of  section  twelve, 


1216       SCHOOLS — TEACHERS'  RETIREMENT  FUND — WHO  MAY  PARTICIPATE  IN. 

at  a  time  when,  or  in  place  where,  it  was  impossible  to  make  contributions  to  said 
fund,  by  reason  of  the  non-existence  of  said  fund,  may  receive  in  addition  to  the 
proportion  of  the  maximum  annuity  last  hereinabove  specified,  such  an  addi- 
tional proportion  of  the  full  annuity  as  the  number  of  years  of  said  service,  while 
not  burdened  with  the  provisions  of  this  act,  bears  to  thirty  years;  provided, 
further,  that  they  shall  have  paid  into  the  said  fund,  at  the  time  of  their  retire- 
ment, an  amount  equal  to  what  they  would  have  paid  into  said  fund  had  they 
been  subject  to  the  burdens  imposed  by  this  act  for  the  full  time  of  said  service, 
not  to  exceed  thirty  years ;  and  provided,  further,  that  no  person  retired  under 
this  subdivision  B  shall  ever  receive  a  greater  annuity  than  he  would  have  re- 
ceived had  he  retired  on  account  of  years  of  service ;  and  provided,  further,  that 
he  shall  have  contributed  to  the  said  fund  for  five  years  before  he  becomes  an 
annuitant. 

Class  Seven,  Contributors  to  said  public  school  teachers'  annuity  and  retire- 
ment fund,  retiring  under  this  class,  shall  be  retired  under  either  subdivision 
A,  or  under  subdivision  B,  hereof,  as  the  said  contributors  to  said  fund  in  such 
county,  or  consolidated  city  and  county,  shall  have  selected  to  follow,  as  pro- 
vided in  section  five  of  this  act. 

A.  Any  public  school  teacher  who  shall  have  been  subject  to  the  burdens 
imposed  by  this  act,  for  a  period  of  at  least  five  years,  and  who  shall  have 
served  in  the  public  schools  of  this  state  for  a  period  of  fifteen  (15)  years,  or 
partly  in  the  said  public  schools  and  partly  in  one  or  more  of  the  offices  men- 
tioned in  said  subdivision  four  of  section  twelve,  for  a  period  of  fifteen  years, 
and  who  has  held  a  valid  certificate  or  diploma  to  teach  in  the  schools  of  this 
state  during  all  said  period,  and  who  shall  have  been  declared  incapacitated, 
by  the  committee  on  retirement,  to  perform  the  duties  of  a  public  school 
teacher,  or  the  duties  of  the  office  w^hich  he  may  be  occupying,  if  he  should  be 
occupying  one  of  the  offices  mentioned  in  said  subdivision  four  of  section 
twelve,  shall  be  entitled  to  retire  and  to  receive  an  annuity  from  the  public 
school  teachers'  annuity  and  retirement  fund,  equal  to  such  proportion  of  the 
maximum  annuity  granted  under  this  act  as  the  time  he  has  been  subject  to 
the  burdens  imposed  by  this  act  bears  to  the  period  of  thirty  years. 

B.  Any  public  school  teacher  who  shall  have  been  subject  to  the  burdens 
imposed  by  this  act  for  a  period  of  five  years  (5),  and  who  shall  have  served 
in  the  public  schools  of  this  state  for  a  period  of  five  (5)  years,  or  partly  in 
the  said  public  schools  and  partly  in  one  or  more  of  the  offices  mentioned 
in  said  subdivision  four  of  section  twelve,  for  a  period  of  five  years,  and  who 
has  held  a  valid  certificate  to  teach  in  the  schools  of  this  state  during  said 
period,  and  who  shall  have  been  declared  incapacitated  by  the  committee  on 
retirement,  to  perform  the  duties  of  a  public  school  teacher,  or  the  duties  of 
the  office  which  he  may  be  occupying,  if  he  should  be  occupying  one  of  the 
offices  mentioned  in  said  subdivision  four  of  section  twelve,  shall  be  entitled  to 
retire,  if  a  contributor  to  the  fund  at  the  time  of  retirement,  and  to  receive  an 
annuity,  from  the  public  school  teachers'  annuity  and  retirement  fund  a  sum 
in  dollars  equal  to  such  proportion  of  the  maximum  annuity  granted  under 
this  act,  as  the  time  he  shall  have  been  subject  to  the  burdens  imposed  by  this 
act  bears  to  the  period  of  thirty  years. 

Class  Eight.     Teachers  of  public  evening  schools  receiving  a  salary  of  fifty 


SCHOOLS— TEACHERS'   RETIREMENT  FUND— SUSPENSION   OP  ANNUITIES.      1217 

(50)  dollars  or  less  per  month,  shall  be  subject  to  one  half  of  the  burdens,  and 
shall  be  entitled  to  one  half  of  the  benefits,  of  this  act;  provided,  that  any- 
public  school  teacher  who  is  employed  both  in  a  day  and  an  evening  school 
shall  be  considered  for  the  purposes  of  this  act  to  be  employed  in  a  day  school 
only;  provided,  further,  that  an  evening  public  school  teacher,  who  at  any 
time  before  retirement  under  the  provisions  of  this  act  shall  become  a  day 
public  school  teacher,  or  an  occupant  of  one  of  the  offices  mentioned  in  said 
subdivision  four  of  section  twelve,  shall  upon  retirement  as  a  day  public  school 
teacher,  or  as  one  of  said  officers,  be  credited  with  half  time  for  his  said  evening 
school  service,  under  the  class  in  which  he  may  be  retired. 

High  school  and  other  public  school  teachers  in  counties,  or  in  consolidated 
cities  and  counties,  in  which  the  act  of  which  this  act  is  amendatory  has  been 
in  force,  who  were  unable  by  reason  of  any  imperfection  in  the  terms  of  said 
act,  to  become  contributors,  shall  be  allowed,  upon  admission  under  the  terms 
of  this  act,  and  upon  the  payment  of  the  amounts  they  would  have  paid  had 
they  been  contributors,  to  date  the  time  of  their  admission  from  the  time  of 
the  organization  of  the  public  school  teachers'  annuity  and  retirement  fund 
in  their  county  or  consolidated  city  and  county.  City  treasurers  are  hereby 
directed  to  pay  into  the  public  school  teachers'  annuity  and  retirement  fund 
of  their  respective  counties  the  contributions  of  teachers  and  officers,  whose 
salaries  are  paid  by,  or  through,  city  treasurers,  in  the  same  manner  as  pro- 
vided in  the  act  of  which  this  act  is  amendatory,  to  be  paid  by  the  treasurer  of 
a  county,  or  consolidated  city  and  county. 

Compliance  with  these  provisions  shall  render  any  public  high  school  or 
other  public  school  teacher  eligible  to  the  benefits  provided  in  any  one  of  the 
eight  classes  of  annuitants  in  this  act  created  to  which  such  teacher  may  be 
qualified. 

Any  and  all  annuities  shall  be  suspended  if  the  recipient  returns  to  the  pro- 
fession of  teaching  or  becomes  the  occupant  of  one  of  the  said  offices  mentioned 
in  subdivision  four  of  section  twelve.  Any  annuity  less  than  two  thirds  of 
the  maximum  annuity  shall  cease  at  the  expiration  of  one  year  from  the  time 
at  which  the  committee  on  retirement,  constituted  in  section  five  of  this  act, 
shall  decide  that  the  recipient  has  been  restored  to  the  capacity  of  performing 
the  duties  of  a  public  school  teacher. 

All  teachers  now  employed  in  the  public  schools  of  this  state  who  filed  the 
notice  specified  in  the  act  of  which  this  act  is  amendatory,  within  ninety  days 
after  the  passage  of  this  amendatory  act  in  counties  or  in  consolidated  cities  and 
counties  where  the  provisions  of  any  act  or  acts  to  which  this  act  is  amendatory 
are  now  applicable  and  all  other  public  school  teachers  in  other  counties  or 
consolidated  city  and  county  who  become  contributors  within  ninety  days  after 
the  establishment  of  a  public  school  teachers'  annuity  and  retirement  fund 
therein  and  who  shall  have  paid  at  the  time  of  retirement  an  amount  equal  to 
what  they  would  have  paid  had  they  been  subject  to  the  burdens  imposed  by 
the  provisions  of  this  act  for  thirty  (30)  years,  shall  not  suffer  any  reduction 
of  annuities;  provided,  however,  that  the  provisions  of  this  paragraph  shall 
not  apply  to  counties  or  consolidated  cities  and  counties  in  which  the  con- 
tributors to  said  fund  shall  select  to  be  governed  by  tho  provisions  of  sub- 
division B  of  classes  two,  six  and  seven  respectively  of  section  eight,  and  sub- 
Gen.  Laws — 77 


1218  SCHOOLS— TEACHERS'    RETIREMENT    FUND— WHAT    CONSISTS    OF. 

division  B  of  section  eleven,  as  provided  in  section  five.  [Amendment,  Stats. 
1903,  272.] 

§  9.  If  at  the  end  of  any  quarter  year  there  shall  not  be  a  sufficient  amount 
of  money  in  the  "Annuity  Fund,"  or  in  the  "Distribution  Fund,"  as  the  case 
may  be,  to  pay  all  warrants  and  demands  of  annuitants  in  full,  then  the  money 
in  that  fund  shall  be  divided  pro  rata  among  them,  and  the  sum  received  by 
each  annuitant  shall  be  in  full  discharge  of  all  claim's  against  said  fund  to  that 
date.     [Amendment,  Stats.  1903,  278.] 

§  10.  The  public  school  teachers'  annuity  and  retirement  fund  herein  pro- 
vided for,  shall  consist  of  the  following,  with  the  income  and  interest  thereof: 
(I)  Twelve  (12)  dollars  per  school  year,  of  the  salaries  paid  to  all  those 
subject  to  the  burdens  imposed  by  this  act,  in  each  county  or  consolidated  city 
and  county,  shall  be  deducted  from  the  warrants  for  salary,  and  paid  by  the 
treasurer  of  the  county,  or  consolidated  city  and  county,  to  the  public  school 
teachers'  retirement  fund  commissioners  of  said  county,  or  consolidated  city 
and  county ;  and  it  shall  be  the  duty  of  the  secretary  of  the  board  of  education 
in  every  incorporated  city  or  town,  or  consolidated  city  and  county,  and  the 
clerk  of  the  board  of  trustees  of  every  public  school  district  outside  of  such 
city  or  town,  or  consolidated  city  and  county,  to  note  on  each  warrant  the 
amount  to  be  so  deducted  therefrom  by  the  treasurer,  and  if  classified,  the 
class  under  this  act  to  which  the  teacher  belongs.  (II)  All  moneys  received 
from  gifts,  bequests  and  devises,  or  from  any  other  source.  (Ill)  All  moneys, 
pay,  compensation,  or  salary  forfeited,  deducted  or  withheld  from  the  warrant 
or  demand  for  salary  of  any  teacher  or  teachers  for  and  on  account  of  absence 
from  duty  from  any  cause,  which  the  board  of  education  of  every  incorporated 
city  or  town,  or  the  board  of  trustees  of  every  school  district  outside  of  such 
city  or  town,  may  appropriate  and  set  apart  for  the  aforesaid  fund;  and  said 
board  of  education  or  board  of  trustees,  are  hereby  empowered  to  appropriate 
such  moneys,  or  any  part  thereof,  for  such  fund ;  provided,  that  in  consolidated 
cities  and  counties,  after  the  establishment  of  an  annuity  fund  therein,  it  is 
hereby  made  the  duty  of  the  boards  of  education  to  appropriate,  monthly,  at 
least  one  half  of  such  moneys  for  such  fund.     [Amendment,  Stats.  1903,  278.] 

§  11.  The  said  public  school  teachers'  annuity  and  retirement  fund  shall 
be  divided  either  as  designated  in  subdivision  A  hereof,  or  as  designated  in 
subdivision  B  hereof,  as  the  said  contributors  to  said  fund  in  such  county,  or 
consolidated  city  and  county,  shall  have  selected  to  follow  pursuant  to  the 
provisions  of  section  five  (5)  hereof. 

A.  The  said  public  school  teachers'  annuity  and  retirement  fund  in  each 
county  or  consolidated  city  and  county,  shall  be  divided  into  two  distinct 
funds,  or  accounts,  (1)  the  permanent  fund,  and  (2)  the  annuity  fund. 

(1)  The  permanent  fund. 

(a)  The  permanent  fund  shall  consist  of:  (I)  Twenty-five  per  centum  of 
all  contributions  from  those  affected  by  this  act.  (II)  Twenty-five  per  centum 
of  all  gifts,  bequests,  or  devises,  unless  otherwise  ordered  by  the  donor  or  the 
testator.  (Ill)  Twenty-five  per  centum  of  all  moneys  deducted  from  the  sal- 
aries of  teachers  because  of  absence  from  duty. 

(b)  "When  the  permanent  fund  shall  amount  to  the  sum  of  fifty  thousand 
($50,000)  dollars,  then  all  moneys  thereafter  received  shall  go  into  the  an- 


SCHOOLS— TEACHERS'   RETIREMENT    FUAD— DIVISION    INTO    FUNDS.  1219 

nuity  fund,  except  such  gifts,  devises,  or  bequests  as  may  be  specially  directed 
by  its  donor  or  testator  to  be  placed  in  the  permanent  fund. 

(c)  It  shall  be  the  duty  of  the  public  school  teachers'  retirement  fund  com- 
missioners to  invest  the  aforesaid  permanent  fund  in  interest-bearing  bonds 
issued  by  the  federal,  state,  county,  city  and  county,  or  municipal  governments, 
and  to  apply  the  interest  thereon  as  herein  directed. 

(2)  The  annuity  fund. 

(a)  The  annuity  fund  shall  consist  of:  (I)  The  income  derived  from  the 
permanent  fund.  (II)  All  other  moneys  belonging  to  the  public  school  teach- 
ers' annuity  and  retirement  fund,  not  hereinbefore  directed  to  be  placed  in  the 
permanent  fund.  (Ill)  All  moneys  in  the  fund  provided  for  in  the  act  to  which 
this  is  amendatory. 

(b)  The  annuity  fund  shall  be  the  only  one  from  which  annuitants  shall 
be  paid. 

(c)  If  at  the  end  of  any  fiscal  year  there  remain  any  surplus  in  the  annuity 
fund,  said  surplus  shall  be  deposited  by  the  public  school  teachers '  retirement 
fund  commissioners  in  any  savings  bank,  or  savings  banks,  designated  by  them. 

B.  The  said  public  school  teachers'  annuity  and  retirement  fund,  in  each 
county,  or  consolidated  city  and  county,  shall  be  divided  into  two  distinct 
funds  or  accounts,  (1)  the  reserve  fund  and  (2)  the  distribution  fund. 

(1)  The  reserve  fund. 

The  reserve  fund  shall  consist  of: 

(a)  All  moneys  collected  from  the  unclassified  contributors  for  the  first  five 
years  after  the  creation  of  said  fund. 

(b)  Sixty  (60)  per  centum  of  all  moneys  collected  from  the  unclassified  con- 
tributors for  the  second  five  years  after  the  creation  of  the  fund. 

(c)  Fifty  (50)  per  centum  of  all  moneys  collected  from  unclassified  con- 
tributors for  the  third  five  years  after  the  creation  of  the  fund. 

(d)  Thirty  (30)  per  centum  of  all  moneys  collected  from  the  unclassified 
contributors  for  the  fourth  five  years  after  the  creation  of  the  fund. 

(e)  One  hundred  per  centum  of  all  collections  from  the  classified  contribu- 
tors during  the  first  period  of  their  classification,  as  hereinafter  classified. 

(f)  Ninety  per  centum  of  all  collections  from  the  classified  contributors 
during  the  second  period  of  their  classification,  as  hereinafter  classified. 

(g)  Eighty  per  centum  of  all  collections  from  the  classified  contributors 
during  the  third  period  of  their  classification,  as  hereinafter  classified. 

(h)  Seventy  per  centum  of  all  collections  from  the  classified  contributors 
during  the  fourth  period  of  their  classification,  as  hereinafter  classified. 

(i)  All  collections  from  sources  other  than  said  collections  from  contrib- 
utors; all  donations,  and  all  interest  acrued  on  such  reserve  fund  for  a 
period  of  twenty  years  from  the  creation  of  said  fund. 

It  shall  be  the  duty  of  the  public  school  teachers'  retirement  fund  commis- 
sioners to  place  the  reserve  fund  at  interest,  monthly,  in  a  savings  bank  se- 
lected by  the  said  commissioners.  All  original  contributors  to  a  public  school 
teachers'  annuity  and  retirement  fund  in  any  county  or  consolidated  city  and 
county,  and  all  those  who  became  contributors  thereto  within  the  first  five 
years  after  the  creation  of  said  fund  shall  be  known  as  unclassified  con- 
tributors. 


1220        SCHOOLS — TEACHERS'   RETHIEMENT    FUND — CONTRIBUTORS— CLASSES. 

All  who  become  contributors  during  the  first  decade  after  the  fund  shall 
have  been  in  existence  for  five  years  shall  be  known  as  class  A,  and  those  who 
become  contributors  to  said  fund  during  each  decade  thereafter  shall  be  known 
as  classes  B,  C,  D,  respectively;  each  of  said  classes  shall  exist  for  four  periods, 
the  first  three  being  for  ten  years  each  and  the  fourth  for  five  years. 

When  the  term  for  which  any  class  has  been  formed  shall  have  elapsed,  all 
contributors  to  such  classes  who  continue  to  contribute,  shall  be  considered  as 
unclassified. 

(2)   The  distribution  fund. 

The  distribution  fund  shall  not  be  formed  in  any  county  or  consolidated  city 
and  county,  until  the  said  public  school  teachers'  annuity  and  retirement  fund 
shall  have  been  in  existence  for  five  years.     It  shall  then  consist  of 

(a)  The  income  not  hereinbefore  set  aside  and  declared  a  part  of  the  re- 
serve fund. 

(b)  After  the  said  fund  shall  have  been  in  existence  for  twenty  years,  in 
addition  to  the  income  not  heretofore  set  aside  for  the  reserve  fund,  there  shall 
be  transferred  quarterly,  during  the  next  five  years,  from  the  reserve  fund  to 
the  distribution  fund,  sixty  (60)  dollars;  provided,  that  the  earnings  of  the 
reserve  fund  for  that  period  shall  be  equal  to,  or  shall  exceed,  two  hundred 
and  forty  (240)  dollars  per  annum.  If  the  earnings  of  the  reserve  fund  shall 
not  equal  two  hundred  and  forty  (240)  dollars  per  annum,  the  amount  trans- 
ferred quarterly  from  the  reserve  fund  to  the  distribution  fund  shall  be  equal 
to  the  quarterly  interest  of  the  reserve  fund. 

(c)  After  the  said  fund  shall  have  been  in  existence  for  twenty-five  (25) 
years,  the  distribution  fund  shall  consist  of  the  income  not  heretofore  set  aside 
for  the  reserve  fund,  and  one  hundred  and  sixty  (160)  dollars  to  be  transferred 
quarterly,  during  the  next  five  years  from  the  reserve  fund  to  the  distribution 
fund;  provided,  however,  that  this  amount  does  not  exceed  the  quarterly 
earnings  of  the  reserve  fund  for  that  period.  Should  the  one  hundred  and 
sixty  (160)  dollars  exceed  the  said  quarterly  earnings,  then  an  amount  equal 
to  the  quarterly  earnings  of  the  reserve  fund  shall  be  so  transferred. 

(d)  After  the  said  fund  shall  have  been  in  existence  for  thirty  years  the 
distribution  fund  shall  consist  of  the  income  not  heretofore  set  aside  for  the 
reserve  fund  and  all  of  the  interest  of  the  reserve  fund  during  the  next  five 
years.  And  should  the  aforesaid  fail  to  give  sufficient  funds  to  pay  half  of 
the  annuities  due,  then  there  shall  be  transferred  quarterly  from  the  reserve 
fund,  over  and  above  the  earnings  of  the  reserve  fund,  thirty  (30)  dollars 
per  quarter. 

(e)  After  the  said  fund  shall  have  been  in  existence  for  thirty-five  years, 
the  distribution  fund  shall  consist  of  the  income  not  heretofore  set  aside  for 
the  reserve  fund.  Also  the  interest  on  the  reserve  fund,  distributed  quar- 
terly during  the  next  five  years,  and  should  this  not  be  sufficient  to  pay  half 
of  the  annuity  due,  then  there  shall  be  transferred  from  the  reserve  fund, 
in  addition  to  the  interest,  sixty  (60)  dollars  quarterly. 

(f)  After  the  said  fund  shall  have  been  in  existence  for  forty  years,  the 
distribution  fund  shall  consist  of  the  income  not  heretofore,  set  aside  for 
the  reserve  fund,  the  interest  on  the  reserve  fund  distributed  quarterly,  and 
a  sum  taken  from  the  reserve  fund  in  addition  thereto,  equal  to  twelve  times 


SCHOOLS — TEACHERS'    RETIREMENT    FUND— NOTICE— FORM    OF.  1221 

the  increase  in  contributors  to  the  said  public  school  teachers'  annuity 
and  retirement  fund  for  the  preceding  year;  that  is,  if  the  said  contributors 
increase  by  twenty  during  the  year  nineteen  hundred  and  thirty-four,  then 
during  the  year  nineteen  hundred  and  thirty-five  there  shall  be  taken  from 
the  reserve  fund,  in  addition  to  the  interest,  two  hundred  and  forty  (240) 
dollars  per  annum. 

All  disbursements  shall  be  from  the  distribution  fund,  except  as  otherwise 
provided  in  section  four,     [Amendment,  Stats.  1903,  279.] 

§  12.  This  act  shall  be  binding  upon  such  public  school  teachers,  and  such 
officers  mentioned  in  said  subdivision  four  of  section  twelve  as  shall  sign  and 
deliver  to  the  public  school  teachers'  retirement  fund  commissioners,  and  to 
the  secretary  of  the  board  of  education  of  the  incorporated  city  or  town,  or 
consolidated  city  and  county,  or  to  the  clerk  of  the  board  of  trustees  of  the 
school  district  in  which  they  are  employed,  a  notice  in  substantially  the  fol- 
lowing form: 

■ 19 . 

To  the  Public  School  Teachers'  Retirement  Fund  Commissioners,  of  

county  (or  city  and  county)  : 

You  are  hereby  notified  that  I  agree  to  be  bound  by,  and  desire  to  avail 

myself  of  the  provisions  of  the  act  of  the  legislature  of  the  state  of  California, 

approved  March  twenty-ninth,   eighteen  hundred   and  ninety-seven,   entitled 

"An  act  to  amend  an  act  approved  March  twenty-sixth,  eighteen  hundred  and 

ninety-five,  entitled  'An  act  to  create  and  administer  a  public  school  teachers' 

annuity  and  retirement  fund  in  the  several  counties,  and  cities  and  counties  in 

the  state,'  "  as  amended  March  twenty-third,  nineteen  hundred  and  one,  and 

,  nineteen  hundred  and  three. 

Signed . 

provided,  that  at  least  thirty  public  school  teachers  within  the  county,  or 
consolidated  city  and  county,  shall  file  the  notice  hereinbefore  set  forth;  pro- 
vided, further,  that  in  all  counties,  or  in  consolidated  cities  and  counties, 
where  there  is  a  less  number  of  teachers  than  thirty,  this  act  shall  be  binding 
on  all  those  who  signify  their  intention  of  being  bound  thereby. 

(2)  In  consolidated  cities  and  counties  it  shall  be  binding  upon  all  teachers 
elected  or  appointed  to  teach  in  the  public  schools  of  such  consolidated  cities 
and  counties  after  the  passage  of  this  act. 

(3)  Annuities  heretofore  granted  under  the  provisions  of  the  act  of  which 
this  act  is  amendatory  shall  be  continued  for  the  same  amount  as  heretofore 
paid,  subject,  however,  to  the  conditions  imposed  by  sections  nine  (9)  and 
eleven   (11)    of  this  act. 

(4)  Any  county,  consolidated  city  and  county,  or  city  superintendent  of 
schools  of  this  state,  and  any  deputy  superintendent  of  schools  for  any  county, 
consolidated  city  and  county,  or  city  of  this  state,  and  any  person  engaged 
in  any  other  educational  work,  required  by  law  to  have  the  qualification  of  a 
teacher  in  the  public  schools  of  this  state,  may  avail  himself  of  the  provisions 
of  this  act;  and  wherever  the  word  "teacher"  is  used  in  this  act  it  shall 
be  deemed  to  include  such  officer  or  officers.     [Amendment,  Stats.  1903,  282.] 

§  13.  Every  public  officer  who  shall  issue,  or  receive  in  his  official  capacity, 
any  warrant,  or  who  shall  receive  or  pay  out  any  money,  in  any  manner  con- 


1223  SCHOOLS — TEACHERS'    ANNUITY    AND    RETIREMENT     FUND. 

nected  with,  pursuant  to,  or  dependent  upon,  the  provisions  of  this  act,  shall 
keep  a  full,  accurate  and  public  record  of  all  his  transactions  appertaining 
to  the  same.     [Amendment,  Stats.  1903,  283.] 

§  14.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 
[Amendment,  Stats.  1897,  231.] 

It  may  be  noted  that  in  the  amendments  13    of    the    present    law.      And    see    the    next 

of  1897,   §§3,    6,   7,   and   8   of  the  former  act,  foHowing  statute  supplemental  to  the  fore- 

with    some    changes,    have    been    transposed  going",  and    authorizing   withdrawal    of   con- 

and  have  become  respectively  §§  8,  10,  12  and  tributors. 

SCHOOLS— ANNUITY  FUND,  WITHDRAWALS. 

Authorizing  any  teacher  or  public  officer  who  is  now  a  contributor  to  a  public 
school  teachers'  annuity  and  retirement  fund  in  any  county,  or  consoli- 
dated city  and  county,  of  this  state,  where  there  are  no  annuitants  draw- 
ing annuities  from  the  said  fund  of  such  county,  or  consolidated  city  and 
county,  to  cease  to  be  a  contributor  to  such  fund  within  sixty  days  from 
the  taking  effect  of  this  act,  and  to  have  returned  to  him  the  amount  con- 
tributed by  him  thereto,  or  such  part  thereof  as  may  be  available  for 
that  purpose.  ^g^^^^^  ^^^3^  ^^^^  ^^    ^^^^ 

§  1.  Within  sixty  days  after  the  taking  eft'ect  of  this  act,  any  teacher  or 
public  officer  who  is  now  a  contributor  to  a  public  school  teachers'  annuity  and 
retirement  fund  in  any  county  or  consolidated  city  and  county  in  this  state, 
created  under  the  provisions  of  an  act  approved  March  twenty-nine,  eighteen 
hundred  and  ninety-seven,  entitled  "An  act  to  amend  an  act  approved  March 
twenty-six,  eighteen  hundred  and  ninety-five,  entitled  'An  act  to  create  and 
administer  a  public  school  teachers'  annuity  and  retirement  fund  in  the  several 
counties,  and  cities  and  counties  in  the  state,'  "  as  amended,  may  withdraw 
from  such  organization  by  complying  with  the  provisions  of  this  act ;  provided, 
however,  that  the  provisions  of  this  act  shall  not  apply  to  any  county  or  con- 
solidated city  and  county,  where  there  are,  at  the  time  of  the  taking  effect 
of  this  act,  any  annuitants  drawing  annuities  from  the  said  fund  of  such 
county,  or  consolidated  city  and  county. 

§  2.  And  such  teacher,  or  public  officer,  desiring  to  avail  himself  of  the 
provisions  of  this  act,  shall  within  sixty  (60)  days  after  the  taking  effect  of 
this  act,  sign  and  file  with  the  board  of  public  school  teachers'  retirement  fund 
commissioners  of  the  county,  or  consolidated  city  and  county,  where  such 
teacher  or  public  officer  is  then  a  contributor,  a  notice  in  writing  to  the  effect 
that  such  teacher  or  public  officer,  thereby  withdraws  from  the  said  organiza- 
tion, and  shall  at  the  same  time  sign  and  file  with  the  clerk,  secretary,  officer, 
or  board,  whose  duty  it  is  to  issue  the  salary  warrants  of  such  teacher  or 
public  officer,  a  notice  similar  in  substance  to  the  said  notice  filed  with  the 
said  board  of  commissioners. 

§  3.  The  said  board  of  commissioners,  shall,  at  its  next  regular  meeting 
after  the  expiration  of  said  sixty  (60)  days,  pass  a  resolution  directing  that 
all  money  contributed  to  said  public  school  teachers'  annuity  and  retirement 
fund  by  such  teachers  or  public  officers  so  withdrawing,  shall  be  immediately 
returned  to  such  teachers  or  public  officers.  If  the  amount  in  the  fund  of  said 
organization,  after  the  payment  of  all  legal  demands,  shall  be  insufficient  to 


SCHOOLS— TEACHERS'   ANNUITY,   ETC.,    FUND— SCHOOL    BONDS.  1233 

pay  each  withdrawal  the  full  amount  contributed  b}^  him,  then  the  said  board 
shall  compute  the  pro  rata  amount  that  shall  be  paid  to  each,  .the  same  to  be 
in  proportion  to  their  respective  contributions,  and  shall  specify  in  said  reso- 
lution the  amount  to  be  returned  to  each. 

§  4.  The  president  and  secretary  of  said  board  shall  thereupon  issue  war- 
rants to  the  persons  entitled  thereto,  in  such  amounts  as  shall  have  been  so 
computed  and  specified  by  said  board,  and  the  treasurer  of  said  fund  shall 
pay  the  same  to  the  person  named  in  each  respective  warrant,  or  to  his  heirs 
or  assigns. 

§  5.  From  and  after  filing  the  notices,  specified  in  section  two  hereof,  each 
teacher  or  public  officer  giving  such  notices  shall  be  relieved  from  all  burdens 
and  liabilities  imposed  by  the  said  act  designated  in  section  one  hereof. 

§  6.  The  clerk,  secretary,  officer,  or  board,  whose  duty  it  is  to  issue  the 
salary  warrants  of  such  teachers  or  public  officers,  shall,  from  and  after  the 
filing  of  the  said  notice  with  him  or  it,  cease  to  note  on  the  salary  warrant 
of  such  teacher  or  public  officer  any  amount  to  be  deducted  therefrom  by  the 
treasurer  on  account  of  said  fund. 

§  7.     This  act  shall  take  effect  immediately. 

SCHOOLS— BONDS. 

To  provide  for  the  registration  of  bonds  issued  by  common  school,  high  school, 

or  union  high  school  districts. 
(Stats.  1905,  123,  ch.  CXX.) 

§  1.  "Whenever  the  owner  of  any  coupon  bond,  or  of  any  bond  payable  to 
bearer,  already  issued  or  hereafter  issued  by  any  common  school,  high  school, 
or  union  high  school  districts  now  or  hereafter  existing  in  this  state,  shall 
present  any  such  bond  to  the  treasurer  or  other  officer  of  the  county  in  which 
said  district  is  located,  who  by  law  performs  the  duties  of  treasurer,  with  a  re- 
quest for  the  conversion  of  such  bond  into  a  registered  bond,  such  treasurer, 
or  such  other  officer,  shall  cut  off  and  cancel  the  coupons  of  any  such  coupon 
bond  so  presented,  and  shall  stamp,  print  or  write  upon  such  coupon  bond,  or 
such  other  bond  payable  to  bearer,  so  presented,  either  upon  the  back  or  upon 
the  face  thereof,  as  may  be  convenient,  a  statement  to  the  effect  that  the  said 
bond  is  registered  in  the  name  of  the  owner,  and  that  thereafter  the  interest 
and  principal  of  said  bond  are  payable  to  the  registered  owner.  Thereafter, 
and  from  time  to  time  any  such  bond  may  be  transferred  by  such  registered 
owner  in  person,  or  by  attorney  duly  authorized  on  presentation  of  such  bond 
to  such  treasurer,  or  such  other  officer,  and  the  bond  be  again  registered  as 
before,  a  similar  statement  being  stamped,  printed,  or  written  thereon.  Such 
statement  stamped,  printed  or  written  upon  such  bond  may  be  in  substantially 

the  following  form :  i   i       \ 

(Date,  giving  month,  year,  and  day.) 

This  bond  is  registered  pursuant  to  the  statute  in  such  cases  made  and  pro- 
vided in  the  name  of 

(here  insert  name  of  owner)  and  the  interest  and  principal  thereof  are  here- 
after payable  to  such  owner. 

Treasurer  (or  such  other  officer). 


1324  SCHOOL.    BONDS— SCHOOL,    BOOKS,    COMPILING    OF— DISTRIBUTION, 

After  any  bond  shall  have  been  registered  as  aforesaid,  the  principal  and 
interest  of  such  bond  shall  be  payable  to  the  registered  owner.  Such  treas- 
urer or  such  other  officer,  shall  keep  in  his  office  a  book  or  books  which  shall 
at  all  times  show  what  bonds  are  registered  and  in  whose  names  respectively, 

§  2.  Whenever  under  any  statute  or  law  of  this  state  any  bonds  are  issued, 
whether  the  proceedings  for  the  issuance  of  such  bonds  have  been  had  in 
whole  or  in  part  prior  to  the  enactment  of  this  statute,  or  whether  the  same 
have  been  had  in  whole  or  in  part  after  the  enactment  of  this  statute,  such 
bonds  may  be  issued  either  in  the  form  of  coupon  bonds,  or  in  the  form  of 
registered  bonds,  or  some  in  the  form  of  coupon  bonds  and  some  in  the  form 
of  registered  bonds,  as  has  been  or  hereafter  may  be  provided  in  the  proceed- 
ings for  the  issuance  of  such  bonds,  and  notwithstanding  any  language  or 
provision  to  the  contrary  contained  in  any  such  statute  authorizing  the  issu- 
ance of  the  bonds,  or  in  any  other  law  of  the  state.  The  provisions  of  section 
one  of  this  act  shall  apply  to  coupon  bonds,  so  issued,  as  well  as  to  other 
coupon  bonds,  or  other  bonds  payable  to  bearer. 

SCHOOL  BOOKS— COMPILING. 

To  provide  for  compiling,  illustrating,  electrotyping,  printing,  binding,  copy- 
righting, and  distributing  a  state  series  of  school  text-books,  and  appro- 
priating money  therefor. 

(Stats.  1885,  6,  ch.  VIII;  amended  1887,  145,  eh.  CXXVII;  1891,  453,   ch. 

CCXXXVII.) 

§  1.  The  state  board  of  education  shall  compile,  or  cause  to  be  compiled, 
for  use  in  the  common  schools  of  the  state,  a  series  of  school  text-books  of  the 
following  description,  viz.:  Three  (3)  readers,  one  (1)  speller,  one  (1)  arith- 
metic, one  (1)  grammar,  one  (1)  history  of  the  United  States,  and  one  (1) 
geography.  The  matter  contained  in  the  readers  shall  consist  of  lessons  com- 
mencing with  the  simplest  expressions  of  the  language,  and,  by  a  regular 
gradation,  advancing  to  and  including  the  highest  styles  of  composition,  both 
in  prose  and  poetry. 

§  2.  The  state  board  of  education  shall  employ  well-qualified  persons  to 
compile  the  books  mentioned  in  section  one  of  this  act,  and  shall  fix  the  re- 
muneration for  the  services  thus  rendered ;  provided,  that  if  competent  authors 
shall  compile  any  one  or  more  works  of  the  first  order  of  excellence,  and  shall 
offer  the  same  as  a  free  gift  to  the  people  of  the  state,  together  with  the  copy- 
right of  the  same,  and  the  exclusive  right  to  manufacture  and  sell  such  works 
within  the  state  of  California,  it  shall  be  the  duty  of  the  state  board  of  educa- 
tion to  accept  such  gift,  and  to  expend  no  monej'-  for  the  purpose  of  compiling 
works  relating  to  the  subjects  treated  of  in  the  books  thus  donated.  The  state 
board  of  education  shall  furnish  to  the  superintendent  of  state  printing  de- 
signs for  all  cuts  and  engravings  to  be  used  in  the  said  series  of  text-books. 

§  3.  The  printing  of  all  the  text -books  provided  for  in  section  one  of  this 
act,  and  all  the  mechanical  work  connected  therewith,  shall  be  done  by  and 
under  the  supervision  of  the  superintendent  of  state  printing  at  the  state 
printing  office;  provided,  that  the  purchase  of  paper  for  the  school  books,  and 
the  cardboards,  cloth  and  leather  for  covers,  shall  be  procured  by  advertising 


SCHOOL    BOOKS— COMPILING    AND    DISTRIBUTION    OF.  1225 

for  proposals  to  furnish  the  same,  in  the  manner  now  provided  for  by  section 
five  hundred  and  thirty-two  of  the  Political  Code,  relating  to  paper  supplies 
for  the  state  printing  office ;  and  provided  further,  that  when  the  state  has  its 
bindery  in  operation,  all  folding,  stitching,  binding,  and  ruling  of  the  state 
shall  be  done  in  the  state  bindery;  but  the  accounts  of  the  school-book  binding 
shall  be  kept  separate  from  those  of  all  other  binding, 

§  4.  The  state  board  of  education  shall  secure  copyrights  to  all  the  books 
that  shall  be  compiled  under  the  provisions  of  this  act,  and  shall  protect  said 
copyrights  from  all  infringement. 

§  5.  Whenever  any  one  or  more  of  the  state  series  of  school  text-books  shall 
have  been  compiled  and  adopted,  the  state  board  of  education  shall  issue  an 
order  requiring  uniform  use  of  said  book  or  books  in  the  common  schools  of 
the  state ;  but  said  order  for  the  uniform  use  of  said  book  or  books  shall  not 
take  effect  till  the  expiration  of  at  least  one  year  from  the  time  of  the  com- 
pletion of  the  electrotype  plates  of  said  book  or  books,  and  thereafter  such 
book  or  books  shall  be  used  in  all  the  common  schools  of  this  state ;  and  no 
school  board  or  other  school  authority  in  this  state  shall  have  the  power  to 
authorize  the  use  of,  nor  shall  any  common  school  in  this  state  use  any  books 
as  text-books  for  pupils  other  than  those  directed  to  be  used  by  the  order 
aforesaid  of  such  state  board,  except  books  on  such  subjects  as  are  not  pro- 
vided for  by  text-books  published  by  the  state.  Nothing  in  this  act  shall  be 
construed  to  prevent  any  county  or  school  district  from  adopting  any  one  or 
more  of  the  state  series  of  school  text-books  whenever  said  book  or  books  shall 
have  been  published.  The  superintendent  of  public  instruction  must  withhold 
from  any  city,  city  and  county,  county,  or  from  any  school  district  in  this  state 
using  school  books  in  violation  of  the  provisions  of  this  act  and  section  all 
state  school  moneys  to  which  it  may  be  entitled,  until  it  comply  with  the  re- 
quirements of  this  section ;  and  any  moneys  so  withheld  must  be  apportioned 
by  the  superintendent  at  the  next  annual  apportionment  in  the  same  manner 
as  other  school  moneys  in  the  treasury.     [Amendment,  Stats.  1891,  453.] 

§  6.  All  orders  for  text-books  shall  be  made  on  the  superintendent  of  pub- 
lic instruction,  and  shall  be  accompanied  by  cash,  in  payment  for  the  same, 
at  the  price  fixed  by  the  state  board  of  education  as  the  cost  price  at  Sacra- 
mento ;  provided,  that  if  the  books  are  to  be  shipped  by  mail,  the  cost  of  post- 
age shall  also  accompany  the  order.  The  following  persons  shall  be  entitled 
to  order  books: 

1.  County  superintendents  of  schools,  for  the  use  of  teachers,  parents,  and 
pupils  in  their  counties  only. 

2.  Principals  of  state  normal  schools,  for  their  own  and  for  the  use  of  the 
pupils  in  their  respective  schools  only. 

3.  The  secretary  or  clerk  of  any  school  district  in  the  state,  whether  in- 
corporated or  operating  under  the  general  law  of  the  state,  for  the  use  of  the 
pupils  in  such  district  only;  but  no  books  ordered  by  the  county  superin- 
tendents, or  clerks  of  district  boards  of  trustees,  or  principals  of  state  normal 
schools,  shall  be  sold  at  a  price  exceeding  the  cost  price  at  Sacramento,  with 
the  actual  cost  of  freight  and  cartage  added. 

4.  Any  retail  dealer  who  shall  first  transmit  to  the  state  superintendent  of 


1226  SCHOOL   BOOKS — COMPILING    ATVD    DISTRIBUTION    OF. 

public  instruction  an  affidavit,  duly  subscribed  by  him,  in  substance  as  follows, 
to  wit: 

"In  consideration  of  receiving  for  sale,  upon  the  inclosed  or  upon  any  future 
order,  the  series  of  school  text-books,  or  any  part  thereof,  published  by  the 
state  of  California,  I  hereby  agree  that  I  will  not  sell  the  same  to  any  person 
or  persons  for  the  purpose  of  being  sold  again,  or  to  any  person  or  persons 
beyond  the  limits  of  the  state  of  California ;  and  that  I  will  not  sell  said  series 
of  text-books  or  any  part  or  portion  thereof,  at  a  price  exceeding  the  price  to 
the  pupil  fixed  by  the  state  board  of  education." 

Said  affidavit  shall  be  indorsed  by  the  county  superintendent  in  the  following 
words,  viz. : 

"I  hereby  certify  that  (A  B)  is  a  regular  retail  dealer  in  school  books  in 
county,  C  D,  county  superintendent." 

It  shall  be  the  duty  of  the  state  superintendent  of  public  instruction  to  fur- 
nish, at  once  to  each  county  superintendent,  for  the  use  of  any  dealer  in  his 
county  who  may  apply  for  permission  to  sell  the  books  of  the  state  series, 
printed  copies  of  the  above  affidavit,  together  with  the  list  of  prices  of  such 
books  fixed  as  the  cost  price  at  Sacramento,  and  the  price  to  the  pupil;  and 
any  dealer  who  shall  fail  to  comply  with  the  conditions  of  such  affidavit  shall 
forfeit  his  right  to  any  further  purchase  of  said  books  from  the  state.  And 
it  shall  be  the  duty  of  the  superintendent  of  public  instruction  to  report  to  the 
state  controller,  on  or  before  the  fifth  day  of  every  month,  the  number  of  books 
sold  by  him  during  the  preceding  month,  and  pay  the  moneys  received  for  the 
same  into  the  state  treasury.  It  shall  also  be  the  duty  of  the  superintendent 
of  state  printing,  on  or  before  the  fifth  day  of  every  month,  to  report  to  the 
state  controller  the  number  and  value  of  the  books  shipped  by  him  on  the  order 
of  the  state  superintendent  of  public  instruction,  and  the  number  and  value 
of  the  finished  books  on  hand.     [Amendment,  Stats.  1887,  145.] 

§  7.  It  shall  be  the  duty  of  the  boards  of  supervisors  of  the  counties  or 
cities  and  counties  in  this  state  to  provide  a  revolving  fund,  for  the  purpose  of 
enabling  the  county  school  superintendents  to  purchase  the  state  text-books; 
all  moneys  to  be  taken  therefrom  to  be  replaced  by  the  moneys  received  from 
the  sale  of  said  books  to  the  scholars  of  the  public  schools  of  his  county,  either 
by  himself  or  by  the  teachers  of  the  public  schools,  or  the  clerks  of  boards  of 
district  trustees.     [Amendment,  Stats.  1887,  146.] 

§  8.  The  sum  of  twenty  thousand  dollars  is  hereby  appropriated,  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated!,  for  the  purpose  of 
compiling,  or  causing  to  be  compiled,  the  series  of  text-books  for  the  common 
schools,  as  set  forth  in  section  one  of  this  act.  The  appropriation  provided 
for  in  this  section  shall  be  subject  to  the  order  of  the  state  board  of  education; 
provided,  that  all  demands  against  said  appropriation  shall  first  be  approved 
by  said  state  board  of  education  and  presented  to  the  state  board  of  examiners 
in  itemized  form  for  their  approval,  and  upon  the  approval  of  the  state  board 
of  examiners,  the  controller  is  hereby  authorized  to  draw  his  warrant  upon 
the  state  treasurer  for  the  payment  of  said  demands,  and  the  state  treasurer 
is  authorized  to  pay  the  same. 

§  9.  •  The  sum  of  one  hundred  and  fifty  thousand  dollars  is  hereby  appro- 


SCHOOL,    BOOKS — COMPILING    AND    DISTRIBUTION — APPROPRIATION.  1227 

priated  out  of  any  money  in  tlie  state  treasury  not  otherwise  appropriated,  to 
purchase  the  necessary  machinery,  presses,  types,  bindery,  electrotyping  ap- 
paratus, and  such  other  material  as  may  be  required  in  the  manufacture  of 
the  text-books  provided  for  in  section  one  of  this  act,  as  well  as  to  pay  the 
salaries  or  wages  of  the  compositors,  binders,  and  other  persons  to  be  em- 
ployed in  such  manufacture ;  provided,  *that  the  state  board  of  education  shall 
first  approve  the  style  of  printing,  engravings,  and  illustrations,  kind  of  paper, 
size,  and  binding  of  volumes ;  said  sum  to  be  drawn  by  the  superintendent  of 
state  printing  in  the  same  manner  as  provided  in  subdivision  four  of  section 
five  hundred  and  twenty-six  of  the  Political  Code. 

§  10.  All  school  books  compiled  by  the  state  shall  be  furnished  to  the  public 
school  children  of  the  state  at  the  cost  of  printing,  publishing,  and  distributing 
the  same ;  said  cost  to  be  ascertained  and  iixed  by  the  state  board  of  education, 
on  or  before  the  fifteenth  day  of  June  of  each  school  year;  and  it  is  further 
enacted,  that  the  cost  of  distribution  shall  be  taken  to  be  the  cost  of  postage 
required  for  mailing  each  book.     [Amendment,  Stats.  1887,  146.] 

§  11.  All  acts  or  parts  of  acts  in  contlict  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  12.     This  act  shall  take  effect  immediately. 

The  fourth  section  of  the  amendatory  Act  is   hereby   directed  and  authorized  to  draw 

of  1887,  146,  was  not  given  a  number  desig-  his   warrants   for  a   sum   not  exceeding  two 

nating   its    position    in    the   Act    of    1885.      It  thousand    dollars    annually,    on    the    general 

relates  to  assistance  for  the  superintendent,  fund  of  the  state,   for  the  payment  of  such 

and  is  as  follows:  assistance. 

§  4.     The  superintendent  of  public  instruc-  Upon   the   earlier   statutes  adopting:   text- 

tlon  is  hereby  authorized  to  employ  assist-  books  and  their  compulsory  use,  see  People 

ance   necessary   to   the   carrying   out   of   the  ex    rel.    Beckwith    vs.    Board    of    Education, 

provisions  of  this  act.     And   the  controller  55   Cal.  331,  333. 

SCHOOL  BOOKS— COMPILING. 

To  provide  for  compiling,  illustrating,  electrotyping,  printing,  binding,  copy- 
righting and  distributing  certain  books  of  a  state  series  of  school  text- 
books, and  appropriating  money  therefor. 

(Stats.  1887,  139,  ch.  CXXII.) 

§  1.  In  addition  to  the  books  directed  to  be  compiled  for  use  in  the  common 
schools  of  the  state  by  section  one  of  the  act  entitled  "An  act  to  provide  for 
compiling,  illustrating,  electrotyping,  printing,  binding,  copyrighting,  and 
distributing  a  state  series  of  school  text-books,  and  appropriating  money 
therefor,"  approved  February  twenty-sixth,  eighteen  hundred  and  eighty-five, 
the  state  board  of  education  shall  compile,  or  cause  to  be  compiled,  the  following 
described  text-books,  viz:  One  (1)  elementary  arithmetic;  one  (1)  elementary 
grammar  or  language  lessons;  one  (1)  elementary  geography;  one  (1)  physiol- 
ogy and  hygiene,  including  a  system  of  gymnastic  exercises,  and  special  instruc- 
tions as  to  the  nature  of  alcoholic  drinks  and  narcotics,  and  their  effects  upon 
the  human  system ;  and  the  sum  of  fifteen  thousand  dollars,  in  addition  to  the 
unexpended  balance  of  the  sum  appropriated  by  section  eight  of  said  act  afore- 
said, is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  for  the  purpose  of  compiling,  or  causing  to  be  compiled, 
the  text-books  hereinbefore  enumerated,  together  with  those  enumerated  in 


1228  SCHOOL     BOOKS— COMPUTING — PRINTIIVG     OF    TEXT-BOOKS, 

section  one  of  said  act  aforesaid,  and  still  remaining  to  be  compiled.  The 
appropriation  provided  for  in  this  section  shall  be  subject  to  the  order  of  the 
state  board  of  education;  provided,  that  all  demands  against  said  appropria- 
tion shall  first  be  approved  by  said  state  board  of  education,  and  presented  to 
the  state  board  of  examiners,  in  itemized  form,  for  their  approval;  and  upon 
the  approval  of  the  state  board  of  examiners,  the  controller  is  hereby  author- 
ized to  draw  his  warrant  upon  the  state  treasurer  for  the  payment  of  said  de- 
mands, and  the  state  treasurer  is  authorized  to  pay  the  same. 

§  2.  The  state  board  of  education  shall  employ  well-qualified  persons  to 
compile  the  books  mentioned  in  section  one  of  this  act,  and  shall  fix  the  re- 
muneration for  the  services  thus  rendered ;  provided,  that  if  competent  authors 
shall  compile  any  one  or  more  works  of  the  first  order  of  excellence,  and  shall 
offer  the  same  as  a  free  gift  to  the  people  of  the  state,  together  with  the  copy- 
right of  the  same,  and  the  exclusive  right  to  manufacture  and  sell  such  works 
within  the  state  of  California,  it  shall  be  the  duty  of  the  state  board  of  educa- 
tion to  accept  such  gift,  and  to  expend  no  money  for  the  purpose  of  com- 
piling works  relating  to  the  subjects  treated  of  in  the  books  thus  donated. 
The  state  board  of  education  shall  furnish  to  the  superintendent  of  state 
printing  designs  for  all  cuts  and  engravings  to  be  used  in  the  said  series  of 
text-books. 

§3.  The  printing  of  all  the  text-books  provided  for  in  section  one  of  this 
act,  and  all  the  mechanical  work  connected  therewith,  shall  be  done  by  and 
under  the  supervision  of  the  superintendent  of  state  printing,  at  the  state 
printing  office;  provided,  that  the  purchase  of  paper  for  the  school  books,  and 
the  cardboards,  cloth,  and  leather  for  covers,  shall  be  procured  by  advertising 
for  proposals  to  furnish  the  same  in  the  manner  now  provided  for  by  section 
five  hundred  and  thirty-two  of  the  Political  Code,  relating  to  paper  supplies 
for  the  state  printing  office;  and  provided  further,  that  all  folding,  stitching, 
binding,  and  ruling  shall  be  done  in  the  state  bindery ;  but  the  accounts  of  the 
school-book  binding  shall  be  kept  separate  from  those  of  all  other  binding. 
The  sum  of  one  hundred  and  sixty-five  thousand  dollars,  in  addition  to  the  un- 
expended balance  of  the  sum  appropriated  by  section  nine  of  said  act  afore- 
said, approved  February  twenty-sixth,  eighteen  hundred  and  eighty-five,  seven 
thousand  five  hundred  dollars  of  which  shall  be  available  during  the  present 
fiscal  year,  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  to  purchase  the  necessary  machinery,  and  to  properly 
maintain  the  same,  and  to  purchase  such  type  and  other  materials  as  may  be 
required  in  the  manufacture  of  the  text-books  provided  for  in  section  one  of 
this  act,  together  with  those  enumerated  in  section  one  of  said  act  aforesaid, 
approved  February  twenty-sixth,  eighteen  hundred  and  eighty-five,  and  re- 
maining to  be  manufactured,  as  well  as  to  pay  the  salaries  or  wages  of  the  com- 
positors, binders,  and  other  persons  to  be  employed  in  such  manufacture ;  pro- 
vided, that  the  state  board  of  education  shall  first  approve  the  style  of  printing, 
engravings,  and  illustrations,  kind  of  paper,  size,  and  binding  of  volumes ;  said 
sum  to  be  drawn  by  the  superintendent  of  state  printing  in  the  same  manner 
as  provided  in  subdivision  four  of  section  five  hundred  and  twenty-six  of  the 
Political  Code. 

§  4.     The  state  board  of  education  shall  secure  copyrights  to  all  the  books  that 


•    SCHOOL    BOOKS— COMPILING    AND    PRINTING— REVISION.  ISSO 

shall  be  compiled  under  the  provisions  of  this  act,  and  shall  protect  said  copy- 
rights from  all  infringement. 

§  5.  All  moneys  that  have  been  received  or  may  hereafter  be  received  from 
the  state  series  of  school  text-books  shall  be  kept  by  the  state  treasurer  as  a  sepa- 
rate and  distinct  fund,  to  be  known  as  the  "State  School  Book  Fund,"  which 
said  fund  shall  be  subject  to  the  following  drafts,  viz. :  By  the  superintendent  of 
state  printing  for  all  moneys  needed  for  manufacturing  any  editions  of  any 
book  of  the  state  series,  over  and  above  the  first  fifty  thousand  copies  manufac- 
tured of  such  book,  the  same  to  be  drawn  as  provided  in  subdivision  four  of 
section  five  hundred  and  twenty-six  of  the  Political  Code;  provided,  that  all 
demands  on  the  state  school  book  fund  shall  be  presented  to  the  state  board  of 
examiners  in  itemized  form,  for  their  approval;  and  upon  the  approval  of  the 
state  board  of  examiners,  the  controller  is  hereby  authorized  to  draw  his  warrant 
upon  the  state  treasurer  for  the  payment  of  said  demands,  and  the  state  treasurer 
is  authorized  to  pay  the  same. 

§  6.     This  act  shall  take  effect  from  and  after  its  passage. 

SCHOOL  BOOKS— COMPILING. 

To  provide  for  compiling,  illustrating,  electrotyping,  printing,  binding,  copy- 
righting, and  distributing  an  elementary  book  on  civil  government,  for  the 
state  series  of  school  text-books. 

(Stats.  1889,  327,  ch.  CCXVII.) 

§  1.  The  state  board  of  education  shall  compile,  or  cause  to  be  compiled,  the 
following  described  text-book  for  use  in  the  common  schools  of  the  state,  viz. : 
One  (1)  elementary  book  on  the  civil  government  of  the  United  States,  with  a 
special  analysis  of  the  government  of  the  state  of  California. 

§  2.  The  printing  of  said  elementary  book  on  civil  government,  provided  for 
in  section  one  of  this  act,  shall  be  done  by  and  under  the  supervision  of  the 
superintendent  of  state  printing,  subject  to  the  provisions  of  section  three  of  an 
act  entitled  an  act  to  provide  for  compiling,  illustrating,  electrotyping,  printing, 
binding,  copyrighting,  and  distributing  certain  books  of  a  state  series  of  school 
text-books,  and  appropriating  money  therefor,  approved  March  fifteenth,  eigh- 
teen hundred  and  eighty-seven, 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

SCHOOL  BOOKS— REVISION. 

To  provide  for  the  revision  of  certain  books  of  the  state  series  of  school  text- 
books, for  the  compilation  of  an  additional  book  of  said  series,  and  for  the 
continued  publication  of  the  same ;  and  to  authorize  and  direct  the  use,  for 
these  purposes,  of  the  money  accumulated  in  the  state  school  book  fund. 

(Stats.  1893,  85,  ch.  LXXVI.) 

§  1.  The  state  board  of  education  is  hereby  authorized  and  directed  to  revise 
the  following  books  of  the  state  series  of  school  text-books,  viz. :  The  first,  second, 
and  third  readers,  the  English  grammar,  the  United  States  history,  and  the 
advanced  arithmetic,  and  to  compile  a  primary  history  of  the  United  States ;  and 


1230  SCHOOL    BOOKS — REVISION — PRINTING    AND    BINDING. 

in  such  revision  and  compilation  may  employ  well-qualified  persons  to  assist 
them;  provided,  that  in  revising  said  readers  the  board  may  cause  them  to  be 
issued  in  a  series  of  five  books  or  less,  in  their  discretion;  and  the  board  shall 
furnish  to  the  superintendent  of  state  printing  designs  for  all  cuts  and  engrav- 
ings to  be  used  in  the  books  revised  and  compiled  under  the  provisions  of  this 
section, 

I  §  2.  All  indebtedness  incurred  by  said  board  in  carrying  out  the  provisions 
of  section  one  of  this  act  shall  be  paid  out  of  the  money  accumulated  in  the  state 
school  book  fund  from  the  sale  of  the  state  series  of  school  text-books;  provided, 
that  all  demands  on  account  of  such  indebtedness  shall  first  be  approved  by  said 
state  board  of  education,  and  presented  to  the  state  board  of  examiners,  in  item- 
ized form,  for  their  approval,  and  upon  the  approval  thereof  by  the  state  board 
of  examiners  the  controller  is  hereby  authorized  to  draw  his  warrant  upon  the 
state  treasurer  for  the  payment  of  said  demands,  and  the  state  treasurer  is 
authorized  to  pay  the  same ;  provided  further,  that  the  indebtedness  incurred  by 
said  board  in  carrying  out  the  provisions  of  section  one  of  this  act  shall  not 
exceed  the  sum  of  twenty-five  thousand  dollars  ($25,000),  which  sum  is  hereby 
appropriated  from  the  state  school  book  fund  for  the  use  of  the  said  board  in  the 
premises. 

§  3.  The  state  board  of  education  shall  secure  copyrights  to  all  the  books  that 
shall  be  revised  or  compiled,  as  the  case  may  be,  under  the  provisions  of  this  act, 
and  shall  protect  said  copyrights  from  all  infringement. 

§  4.  Whenever  any  one  or  more  of  the  state  series  of  school  text-books  shall 
have  been  revised  or  compiled,  the  state  board  of  education  shall  issue  an  order 
requiring  the  uniform  use  of  said  book  or  books  in  the  common  schools  of  the 
state;  but  said  order  for  the  uniform  use  of  said  book  or  books  shall  not  take 
effect  till  the  expiration  of  at  least  one  year  from  the  time  of  the  completion  of 
the  electrotype  plates  of  said  book  or  books.  Nothing  in  this  act  shall  be  con- 
strued to  prevent  any  county,  city,  city  and  county,  or  school  district  from  using 
any  one  or  more  of  the  state  series  of  school  text-books  provided  for  in  this  act, 
whenever  said  book  or  books  shall  have  been  published. 

§  5.  The  printing  and  binding  of  all  text-books,  specified  in  section  one  of  this 
act,  and  all  the  mechanical  work  connected  therewith,  shall  be  done  by  and 
under  the  supervision  of  the  superintendent  of  state  printing,  at  the  state  print- 
ing-office; provided,  that  the  purchase  of  paper  for  the  school  books,  and  the 
binders'  boards,  cloths,  and  leather  for  covers,  shall  be  procured  by  advertising 
for  proposals  to  furnish  the  same,  in  the  manner  now  provided  for  by  section 
five  hundred  and  thirty-two  of  the  Political  Code,  relating  to  paper  supplies  for 
the  state  printing-office. 

§  6.  Whenever  the  appropriations  heretofore  made  from  the  general  fund  to 
the  use  of  the  superintendent  of  state  printing  for  the  manufacture  of  books  of 
the  state  series  of  school  text-books  is  [are]  exhausted,  all  indebtedness  incurred 
for  the  further  manufacture  of  said  books  shall  be  paid  from  the  state  school  book 
fund,  together  with  all  indebtedness  incurred  for  the  purchase  and  proper  main- 
tenance of  such  necessary  machinery  as  may  be  required  in  the  manufacture  of 
said  books,  and  to  purchase  such  type  and  other  materials  as  may  be  required  for 
the  same ;  provided,  that  all  demands  on  the  state  school  book  fund,  for  the  pur- 


SCHOOLS— CITIES    OF  FIFTH   CLASS— SCHOOL   BOARD— ELECTION.  1231 

poses  enumerated  in  this  section,  shall  be  presented  to  the  state  board  of  exam- 
iners, in  itemized  form,  for  their  approval ;  and  upon  the  approval  of  the  state 
board  of  examiners,  the  controller  is  hereby  authorized  to  draw  his  warrant  upon 
the  state  treasurer  for  the  payment  of  said  demands,  and  the  state  treasurer  is 
authorized  to  pay  the  same. 

§  7.     This  act  shall  take  effect  immediately. 

See  tit.   Schools. 

SCHOOLS— CITIES  OF  THE  FIFTH  CLASS. 

To  enable  school  districts,  in  cities  of  the  fifth  class,  and  school  districts  which 
embrace  territory  a  portion  of  which  is  within  and  a  portion  of  which  i«! 
without  such  cities  of  the  fifth  class,  to  issue  bonds  for  the  purpose  of  raising 
money  to  purchase  school  lots,  and  for  building  or  purchasing  one  or  more 
school-houses,  and  supplying  the  same  with  furniture,  necessary  apparatus, 
and  improving  the  grounds,  and  for  liquidating  any  indebtedness  already 
incurred  for  such  purposes,  and  to  repeal  an  act  approved  March  thirty- 
first,  eighteen  hundred  and  ninety-one,  entitled  "An  act  to  enable  cities  of 
the  fifth  class  to  issue  bonds  for  the  purpose  of  raising  money  to  purchase 
school  lots  and  for  building  or  purchasing  one  or  more  school-houses,  and 
supplying  the  same  with  furniture,  necessary  apparatus,  and  improving  the 
grounds,  and  for  liquidating  any  indebtedness  already  incurred  for  such 
purposes." 

(Stats.  1893,  292,  ch.  CCX;  amended  1897,  103,  ch.  XCIX.) 

§  1.  The  board  of  education  of  any  school  district  in  a  city  of  the  fifth  class, 
or  of  any  school  district  which  embraces  territory,  a  portion  of  which  is  within 
and  a  portion  of  which  is  without  such  city  of  the  fifth  class,  may,  when  in  their 
judgment  it  is  advisable,  and  must,  when  requested  by  the  board  of  trustees  of 
such  city,  call  an  election  and  submit  to  the  electors  of  the  district  whether  the 
bonds  of  such  district  shall  be  issued  and  sold  for  the  purpose  of  raising  money 
to  purchase  school  lots,  and  for  building  or  purchasing  one  or  more  school- 
houses,  and  supplying  the  same  with  furniture,  necessary  apparatus,  and  im- 
proving the  grounds,  and  for  liquidating  any  indebtedness  already  incurred 
for  such  purposes.     [Amendment,  Stats,  1897,  103.] 

§  2.  Such  election  must  be  called  by  posting  notices,  signed  by  the  board  of 
education,  in  three  of  the  most  public  places  in  the  district,  for  not  less  than 
twenty  days  before  the  election,  and  by  publishing  such  notices,  in  some  news- 
paper published  in  such  city,  not  less  than  once  a  week  for  three  successive  weeks. 

§  3.     Such  notices  must  contain : 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  one  inspector  and  two  judges  in  each  voting  precinct  in  said 
district,  to  conduct  the  same. 

3.  The  hours  during  the  day,  not  less  than  six  hours,  in  which  the  polls  will 
be  open. 

4.  The  amount  and  denomination  of  the  bonds,  the  rate  of  interest,  and  the 
number  of  years,  not  exceeding  ten,  the  whole  or  any  part  of  said  bonds  are  to 
run. 


1233  SCHOOLS— CITIES    OP    FIFTH    CLASS— BONDS— ELECTION. 

§  4.  Such  election  shall  be  held,  in  all  respects  as  nearly  as  practicable,  in 
conformity  with  the  general  election  law;  provided,  that  no  particular  form  of 
ballot  shall  be  required,  excepting  that  the  words  to  appear  on  the  ballots,  which 
shall  be  "Bonds— Yes,"  or  "Bonds— No";  nor  shall  any  informalities,  not 
amounting  to  fraud,  in  conducting  such  election,  invalidate  the  same. 

§  5.  On  the  seventh  day  after  said  election,  at  one  o'clock  p.  m.,  the  returns 
having  been  made  to  the  board  of  education,  the  board  must  meet  and  canvass 
said  returns,  and  if  it  appears  that  two  thirds  of  the  votes  cast  at  said  election 
were  in  favor  of  issuing  such  bonds,  then  the  board  shall  cause  an  entry  of  that 
fact  to  be  made  upon  its  minutes,  and  shall  certify  to  the  board  of  supervisors 
of  the  county  in  which  said  district  is  located  the  proceedings  had  in  the  prem- 
ises ;  and  thereupon  said  board  of  supervisors  shall  be  and  they  are  hereby  author- 
ized and  directed  to  issue  the  bonds  of  such  district  to  the  number  and  amount 
provided  in  such  proceedings,  payable  out  of  the  bond  fund  of  such  district 
(naming  the  same),  and  that  the  money  shall  be  raised  by  taxation  upon  the 
taxable  property  in  said  district  for  the  redemption  of  said  bonds,  and  the  pay- 
ment of  the  interest  thereon ;  provided,  that  the  total  amount  of  bonds  so  issued 
shall  not  exceed  five  per  centum  of  the  taxable  property  of  the  district  as  shown 
by  the  last  equalized  assessment  of  the  property  in  such  school  district. 

§  6.  The  board  of  supervisors,  by  an  order  entered  upon  its  minutes,  shall 
prescribe  the  form  of  said  bonds,  and  of  the  interest  coupons  attached  thereto, 
and  must  fix  the  time  when  the  whole  or  any  part  of  the  principal  of  said  bonds 
shall  be  payable,  which  shall  not  be  more  than  ten  years  from  the  date  thereof. 

§7.  Said  bonds  must  be  payable  in  gold  coin  of  the  United  States;  must  be 
signed  by  the  president  of  the  board  of  supervisors,  and  countersigned  by  the 
clerk  of  the  county,  who  must  affix  the  county  seal  thereto;  must  not  bear  a 
greater  rate  of  interest  than  eight  per  centum,  said  interest  to  be  payable  semi- 
annually in  like  gold  coin ;  and  said  bonds  must  be  sold  in  the  manner  prescribed 
by  the  board  of  supervisors,  but  for  not  less  than  par,  in  gold  coin  of  the  United 
States,  and  the  proceeds  of  the  sale  thereof  must  be  deposited  in  the  county 
treasury  to  the  credit  of  the  building  fund  of  said  school  district,  and  be  drawn 
out  for  the  purpose  aforesaid  as  other  school  moneys  are  drawn  out. 

§  8.  The  board  of  supervisors,  at  the  time  of  making  the  levy  of  taxes  for 
county  purposes,  must  levy  a  tax  for  that  year  upon  the  taxable  property  in  such 
district  for  the  interest  and  redemption  of  said  bonds ;  and  such  tax  must  not  be 
less  than  sufficient  to  pay  the  interest  of  said  bonds  for  that  year,  and  such  por- 
tion of  the  principal  as  is  to  become  due  during  such  year,  and  in  any  event  must 
be  high  enough  to  raise,  annually,  for  the  first  half  of  the  term  said  bonds  have 
to  run,  a  sufficient  sum  to  pay  the  interest  thereon,  and  during  the  balance  of 
the  term,  high  enough  to  pay  such  annual  interest;  and  to  pay,  annually,  a  pro- 
portion of  the  principal  of  said  bonds  equal  to  a  sum  produced  by  taking  the 
whole  amount  of  said  bonds  outstanding  and  dividing  it  by  the  number  of  years 
said  bonds  then  have  to  run ;  and  all  moneys  so  levied,  when  collected,  shall  be 
paid  into  the  county  treasury  to  the  credit  of  the  building  fund  of  such  district, 
and  be  used  for  the  payment  of  principal  and  interest  on  said  bonds,  and  for  no 
other  purpose.  The  principal  and  interest  on  said  bonds  shall  be  paid  by  the 
county  treasurer,  upon  the  warrant  of  the  auditor,  out  of  the  fund  provided 
therefor ;  and  it  shall  be  the  duty  of  the  auditor  to  cancel  and  file  with  the  treas- 


SCHOOLS — CITIES    OF    FIFTH    CLASS— DISTRICT    BONDS.  1233 

urer  the  bonds  and  coupons  as  rapidly  as  they  are  paid.  This  section  shall  also 
apply  to  all  cases  where  bonds  were  issued  under  the  provisions  of  the  aforesaid 
act,  approved  March  thirty-first,  eighteen  hundred  and  ninety-one,  and  in  such 
cases  all  moneys  collected  under  the  provisions  of  this  section  shall  be  paid  by 
the  county  treasurer,  upon  the  warrant  of  the  auditor,  to  the  city  treasurer  of  the 
city  where  such  bonds  and  the  interest  thereon  are  payable.  Warrants  for  all 
such  moneys  shall  be  drawn  by  the  auditor  from  time  to  time,  upon  the  demand 
of  such  city  treasurer.     [Amendment,  Stats.  1897,  104.] 

§  9.  If  the  board  of  supervisors  of  any  county  in  which  any  school  district 
has  issued  bonds,  under  the  provisions  of  this  act  or  under  the  provisions  of  said 
act  approved  March  thirty-first,  eighteen  hundred  and  ninety-one,  shall  fail  to 
make  the  levy  necessary  to  pay  such  bonds  or  interest  coupons  at  maturity,  and 
the  same  shall  have  been  presented  to  the  county  treasurer,  and  the  payment 
thereof  refused,  the  owner  may  file  the  bonds,  together  with  all  unpaid  coupons, 
with  the  state  controller,  taking  his  receipt  therefor,  and  the  same  shall  be  reg- 
istered in  the  state  controller's  office;  and  the  state  board  of  equalization  shall, 
at  their  next  session,  and  at  each  annual  equalization  thereafter,  add  to  the  state 
tax  to  be  levied  in  said  district  a  sufficient  rate  to  raise  the  amount  of  principal 
and  interest  past  due  prior  to  the  next  levy,  and  the  same  shall  be  levied  and 
collected  as  a  part  of  the  state  tax,  and  paid  into  the  state  treasury,  and  passed 
to  the  special  credit  of  such  district  bond  tax,  and  shall  be  paid  by  warrants,  as 
the  payments  mature,  to  the  holder  of  such  registered  obligations,  as  shown  by 
the  register  in  the  office  of  the  state  controller,  until  the  same  shall  be  fully  satis- 
fied and  discharged;  any  balance  then  remaining  shall  be  transmitted  to  the 
treasurer  of  the  county  in  which  is  situated  the  district  by  which  such  bonds  were 
issued,  and  shall  be  placed  by  the  county  treasurer  to  the  credit  of  the  general 
school  fund  of  said  district.     [Amendment,  Stats.  1897,  104.] 

§  10.  The  act  approved  March  thirty-first,  eighteen  hundred  and  ninety-one, 
entitled  "An  act  to  enable  cities  of  the  fifth  class  to  issue  bonds  for  the  purpose 
of  raising  money  to  purchase  school  lots,  and  for  building  or  purchasing  one  or 
more  school-houses,  and  supplying  the  same  with  furniture,  necessary  apparatus, 
and  improving  the  grounds,  and  for  liquidating  any  indebtedness  already  in- 
curred for  such  purposes, ' '  is  hereby  repealed. 

§  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

SCHOOLS— DISTRICT  BONDS. 

To  provide  for  the  disposal  of  moneys  remaining  in  the  building  fund  of  any 
school  district,  after  all  bonds  and  indebtedness  shall  have  been  paid  and 
liquidated,  arising  from  the  construction  of  school  buildings. 
(Stats.  1883,  298,  ch.  LXXIV.) 

§  1.  All  moneys  that  have  been  or  shall  be  raised  by  special  tax,  for  the  pur- 
pose of  erecting  school  buildings,  that  shall  remain  in  the  hands  of  the  county 
treasurer,  after  all  bonds  that  have  been  or  may  be  issued  on  account  of  such 
buildings  shall  have  been  redeemed,  and  all  other  indebtedness  arising  on  account 
of  such  building  [s]  shall  have  been  liquidated,  shall  be  placed  in  the  county  school 
fund  of  the  school  district  for  which  such  moneys  were  raised,  subject  to  the 
order  of  the  trustees  of  said  district. 

Gen.  Laws — 78 


1334  SCHOOL    DISTRICTS — NAMING— FEMALE    TEACHERS. 

SCHOOLS— DISTRICTS,  NAME. 

To  provide  for  the  change  of  name  of  school  districts  and  the  manner  of  making 

such  change. 
(Stats.  1903,  163,  ch.  CXLVIII.) 

§  1.  Whenever  a  petition  shall  be  presented  to  the  board  of  supervisors, 
signed  by  at  least  fifteen  qualihed  electors  of  said  district,  asking  that  the  name 
of  any  school  district  be  changed,  the  said  board  of  supervisors  shall  designate  a 
day  upon  which  they  will  act  upon  such  petition,  which  day  must  not  be  less  than 
ten  days  nor  more  than  forty  days  after  the  receipt  thereof.  The  clerk  of  the 
said  board  of  supervisors  must  give  notice  to  all  parties  interested,  by  sending  by 
registered  mail  to  each  of  the  trustees  of  such  school  district,  a  notice  of  the  time 
set  for  the  hearing  of  said  petition,  which  notice  must  be  mailed  at  least  ten 
days  before  the  day  set  for  hearing,  whereupon  the  board  shall  by  resolution 
either  grant  or  deny  the  petition,  and  if  granted,  the  clerk  shall  notify  the  county 
superintendent  of  the  change  of  the  name  of  said  district. 

§  2.     This  act  shall  take  effect  immediately. 

SCHOOL  DISTRICTS— CONFIRMING. 

Confirming  the  organization  of  school  districts. 
(Stats.  1905,  243,  ch.  CCLXVIII.) 

§  1.  All  school  districts  in  this  state  that  for  a  period  of  five  (5)  years  have 
been  acting  as  school  districts  under  the  laws  of  this  state,  are  hereby  declared 
to  be  duly  incorporated  and  to  be  bodies  politic  under  the  laws  of  this  state,  and 
as  such  school  districts,  under  their  appropriate  names,  shall  have  all  the  rights 
and  privileges  and  be  subjected  to  all  of  the  duties  and  obligations  of  duly  incor- 
porated school  districts. 

§  2.     This  act  shall  take  effect  immediately. 

SCHOOLS— FEMALE    TEACHERS. 

To  make  women  eligible  to  educational  offices. 
(Stats.  1873-4,  356,  ch.  CCLVII.) 

§  1.  Women  over  the  age  of  twenty-one  years,  who  are  citizens  of  the  United 
States  and  of  this  state,  shall  be  eligible  to  all  educational  offices  within  this 
state  except  those  from  which  they  are  excluded  by  the  constitution. 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
This  act  shall  take  effect  from  and  after  its  passage. 

SCHOOLS— FEMALE    TEACHERS. 

To  prevent  discrimination  against  female  teachers. 
(Stats.  1873-4,  938,  ch.  DCLXVII.) 

§  1.  Females  employed  as  teachers  in  the  public  schools  of  this  .state  shall  in 
all  cases  receive  the  same  compensation  as  is  allowed  male  teachers  for  like 
services  when  holding  the  same  grade  certificates. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


SCHOOLS— STATE    SIJPERINTENDEIVT— CLERK— TEACHERS'    CERTIFICATES.      1235 

SCHOOLS— STATE  SUPERINTENDENT,  CLERK. 

To  provide  for  the  appointment  and  salary  of  a  clerk  in  the  office  of  the  super- 
intendent of  public  instruction,  and  to  make  an  appropriation  therefor. 

(Stats.  1895,  238,  ch.  CXCII.) 

§  1.  The  superintendent  of  public  instruction  may  appoint  an  additional 
clerk,  who  shall  be  a  stenographer,  at  a  salary  of  twelve  hundred  dollars  per 
year,  payable  in  the  same  manner  as  the  salaries  of  other  civil  officers  of  the 
state  are  paid. 

§  2.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury 
not  otherwise  appropriated  the  sum  of  twenty-four  hundred  dollars,  for  the  pay- 
ment of  said  clerk's  salary  for  the  forty-seventh  and  forty-eighth  fiscal  years, 
commencing  July  first,  eighteen  hundred  and  ninety-five. 

§  3.     This  act  shall  take  effect  immediately. 

SCHOOLS— TEACHERS'  CERTIFICATES. 

To  continue  in  force  school  teachers'  certificates,  state  educational  diplomas,  and 

life  diplomas. 

(Stats.  1880,  4,  ch.  V.) 

§  1.  All  teachers'  city,  city  and  county,  county,  and  state  certificates,  state 
educational  diplomas,  life  diplomas,  and  all  other  teachers'  certificates  and 
diplomas  issued  in  the  state  of  California,  under  and  in  pursuance  of  the  laws 
thereof,  on  or  before  the  thirty-first  day  of  December,  anno  Domini  eighteen 
hundred  and  seventy-nine,  shall  be  and  the  same  are  hereby  continued  in  full 
force  and  effect,  and  shall  be  deemed  valid  for  all  purposes  and  to  the  full  extent 
of  time  that  the  same  were  and  were  intended  respectively  to  be  under  the  said 
laws,  on  and  before  the  said  thirty-first  day  of  December,  anno  Domini  eighteen 
hundred  and  seventy-nine. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

The  foregoing  and  next  two  succeeding  acts  were  rendered  expedient  upon  the  taking 
effect  of  the  constitution  of  1879,  and  served  a  temporary  purpose. 

SCHOOLS— TEACHERS'  CERTIFICATES. 

To  continue  in  operation  the  public  schools  of  this  state. 
(Stats.  1880,  7,  ch.  XIIL) 

§  1.  The  county  superintendent  of  schools  of  each  and  every  county  in  this 
state  is  hereby  empowered  to  issue  a  temporary  certificate  to  any  teacher  whose 
certificate  has  expired,  or  shall  expire  between  the  first  day  of  January,  eigh- 
teen hundred  and  eighty,  and  the  first  day  of  June,  eighteen  hundred  and 
eighty.  The  certificate  so  granted  shall  be  of  the  same  grade  as  the  one  in 
place  of  which  it  is  issued,  and  shall  be  valid  only  until  the  first  meeting  of 
the  board  which  shall  be  competent  to  issue  teachers'  certificates. 

§  2.     This  act  shall  take  effect  immediately. 


12S6  SCHOOLiS— TO    CONTINUE    IN    OPERATION — TAXES. 

SCHOOLS— TO  CONTINUE  IN  OPERATION. 

To  protect  the  school  districts  of  this  state  from  injury  during  the  year  eighteen 
hundred  and  eighty,  by  the  operation  of  section  twelve  of  article  thirteen 
of  the  constitution. 

(Stats.  1880,  75,  ch.  LXXII.) 

§  1.  No  school  district  shall  forfeit  or  be  deprived  of  its  apportionment  of 
state  and  county  school  funds  which  shall  fail  to  maintain  a  six  montlis'  school 
during  the  year  ending  June  thirtieth,  eighteen  hundred  and  eighty,  by  reason 
of  the  change  requiring  the  moneys  to  be  derived  from  poll-taxes  to  be  paid  into 
the  state  school  fund  instead  of,  as  heretofore,  into  the  county  school  fund,  sec- 
tion one  thousand  eight  hundred  and  fifty-nine  of  the  Political  Code  to  the  con- 
trary notwithstanding. 

§  2.  District  trustees,  superintendents  of  schools  and  county  auditors  are 
hereby  granted  power  to  draw  their  orders,  requisitions,  or  warrants  against  the 
August  apportionment  of  school  moneys  for  the  year  eighteen  hundred  and 
eighty,  in  payment  for  the  salaries  of  teachers  for  services  rendered  prior  to 
June  thirtieth,  and  in  the  year  eighteen  hundred  and  eighty;  and  it  is  also 
made  the  duty  of  the  county  treasurer  of  the  several  counties  of  this  state  to 
honor  and  pay  such  warrant  as  other  warrants  drawn  upon  the  school  fund  are 
paid,  section  one  thousand  six  hundred  and  twenty-one  of  the  Political  Code  to 
the  contrary  notwithstanding. 

§  3.  It  is  hereby  made  the  duty  of  the  county  auditors  of  the  several  counties 
of  this  state,  on  or  before  the  first  regular  meeting  of  their  respective  boards  of 
supervisors  in  September,  eighteen  hundred  and  eighty,  to  certify  to  said  board 
the  total  amount  of  the  warrants  issued  by  him,  in  accordance  with  section  two 
of  this  act,  and  the  amount  so  certified  shall  by  said  board  of  supervisors  be 
added  to  the  other  amounts  which  shall  be  found  necessary  to  be  raised  for  county 
school  purposes,  and  when  so  added  shall  be  levied,  assessed,  and  collected,  and 
paid  into  the  county  treasury  to  the  credit  of  the  county  school  fund,  as  other 
school  taxes  are  levied,  assessed,  collected,  and  paid,  and  shall  thereafter  be  used 
and  expended  as  other  county  school  funds  are  used  and  expended. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

SCHOOLS— TAXES. 

To  provide  for  the  levy  and  collection  of  taxes  by  and  for  school  districts,  except 
in  municipal  corporations  of  the  first  class. 

(Stats.  1891,  4,  ch.  VL) 

§  1.  In  all  cases  where  the  board  of  school  trustees,  board  of  school  directors, 
board  of  education,  or  other  governing  board  of  any  school  district  in  this  state, 
except  in  [a]  municipal  corporation  of  the  first  class,  has  or  may  hereafter  have 
power  to  raise  money  by  taxation  without  a  vote  of  the  people  of  the  school  dis- 
trict, in  addition  to  the  funds  provided  by  state  and  county  for  school  or  educa- 
tional purposes,  such  money  shall  be  raised  and  such  taxes  shall  be  levied  and 
collected  in  the  manner  following,  to  wit:  The  board  of  trustees,  directors,  or 
board  of  education  shall,  within  the  limits  fixed  by  law,  estimate  the  amount  of 
money  to  be  so  raised  by  taxation,  and  required  by  their  respective  districts  for 


SCHOOL    TAXES— SAN    FRANCISCO    SEAWALL,  1237 

school  purposes  during  the  year  next  ensuing,  which  year  shall  begin  on  the  first 
Monday  of  January,  at  twelve  o'clock  m.  Said  meeting  for  such  purpose  shall 
be  held  between  the  first  and  twentieth  day  of  September  in  each  year;  said 
estimate,  showing  the  amount  and  for  what  purpose  the  same  is  to  be  used,  shall 
be  entered  upon  the  records  of  the  board  making  the  same,  and  signed  by  a 
majority  of  said  board,  and  attested  by  the  clerk  or  secretary  of  said  board.  Said 
clerk  or  secretary  shall  immediately,  furnish  to  the  board  of  supervisors  of  the 
county  in  which  such  district  is  situated  a  copy  of  said  record  containing  such 
estimate,  which  shall  show  the  name  of  the  district,  the  amount  of  money  to  be 
raised,  and  the  purposes  for  which  it  is  to  be  used. 

§  2.  The  board  of  supervisors,  upon  receipt  of  such  estimate,  must,  at  the 
time  of  levying  the  county  taxes,  levy  a  tax  upon  all  the  taxable  property  in  the 
school  district  requiring  such  money  sufiicient  to  raise  the  amount;  the  rate  of 
taxation  shall  be  ascertained  by  deducting  fifteen  per  centum  for  anticipated  de- 
linquencies from  the  aggregate  assessed  value  of  the  property  in  the  district  as  it 
appears  on  the  assessment  roll  of  the  county,  and  then  divide  the  amount  to  be 
raised  by  the  remainder  of  said  aggregate  assessed  value.  The  taxes  so  levied 
shall  be  computed  and  entered  on  the  assessment  roll  by  the  county  auditor,  and 
collected  at  the  same  time  and  in  the  same  manner  as  state  and  county  taxes ;  and 
when  collected,  shall  be  paid  into  the  county  treasury  for  the  use  of  the  district 
for  which  said  money  was  collected.  The  county  treasurer  shall,  upon  demand, 
pay  out  such  moneys  to  the  district  entitled  thereto,  in  the  same  manner  as  other 
school  moneys  are  paid  out  by  such  treasurer. 

§  3.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed.    ' 

Compare  with  KERR'S  CYC.  POL.  CODE  §§1830.  1836.     See  also  notes  to  those  sections. 

SCHOOLS. 

See  tits.  California  Polytechnic;  Health  —  Public — (Vaccination);  High 
Schools;  Normal  Schools;  Preston  School  of  Industry;  School  Books; 
Whittier  Reform  School. 

SEA-GULLS— KILLING. 

The  statute  of  1875-6,  287,  has  been  carried  into  the  Penal  Code  by  Stats.  1905,  687,  ch. 
DXXIV.      See   KERR'S    CYC.   PENAL   CODE  §5  599,    599a. 

SEAWALL— SAN  FRANCISCO. 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for  the  con- 
struction by  the  board  of  state  harbor  commissioners  of  a  seawall  and  appur- 
tenances in  the  city  and  county  of  San  Francisco ;  to  create  a  sinking  fund 
for  the  payment  of  said  bonds ;  and  providing  for  the  submission  of  this  act 
to  a  vote  of  the  people. 

(Stats.  1903,  247,  ch.  CCXI.) 

§  1.  For  the  purpose  of  providing  a  fund  for  the  payment  of  the  indebtedness 
hereby  authorized  to  be  incurred  by  the  board  of  state  harbor  commissioners  for 
the  erection  of  a  seawall  and  appurtenances  in  the  city  and  county  of  San  Fran- 
cisco, at  a  cost  not  to  exceed  two  million  dollars  (which  said  seawall  and  appur- 
tenances the  board  of  state  harbor  commissioners  are  hereby  empowered  to 


1238  SAN    FRANCISCO     SEAWALL — ISSUANCE     OP    STATE    BONDS. 

construct  in  the  manner  authorized  by  law,  and  at  a  cost  not  to  exceed  said  two 
million  dollars),  the  state  treasurer  shall,  immediately  after  the  issuance  of  the 
proclamation  of  the  governor,  provided  for  in  section  ten  hereof,  prepare  two 
thousand  suitable  bonds  of  the  state  of  California,  in  the  denomination  of  one 
thousand  dollars  each.  The  whole  issue  of  said  bonds  shall  not  exceed  the  sum  of 
two  million  dollars,  and  said  bonds  shall  bear  interest  at  the  rate  of  four  per  cen- 
tum per  annum,  from  the  time  of  the  sale  thereof,  and  both  principal  and  interest 
shall  be  payable  in  gold  coin  of  the  present  standard  of  value,  and  they  shall  be 
payable  at  the  office  of  the  stale  treasurer,  at  the  expiration  of  nineteen  years 
from  their  date,  subject,  however,  to  redemption  by  lot  as  in  this  act  hereinafter 
provided.  Said  bonds  shall  bear  date,  the  second  day  of  January,  anno  Domini 
nineteen  hundred  and  five,  and  shall  be  made  payable  on  the  second  day  of  Janu- 
ary, nineteen  hundred  and  twenty-four  anno  Domini,  The  interest  accruing  on 
such  of  said  bonds  as  are  sold,  shall  be  due  and  payable  at  the  office  of  the  said 
state  treasurer  on  the  second  day  of  January,  and  on  the  second  day  of  July,  of 
each  year  after  the  sale  of  the  same ;  provided,  that  the  first  payment  of  interest 
shall  be  made  on  the  second  day  of  January,  anno  Domini  nineteen  hundred  and 
six,  on  so  many  of  said  bonds  as  may  have  been  theretofore  sold.  At  the  expi- 
ration of  nineteen  years  from  the  date  of  said  bonds,  all  bonds  sold  shall  cease  to 
bear  interest,  and,  likewise,  all  bonds  redeemed  by  lot  shall  cease  to  bear  interest 
as  in  this  act  provided,  and  the  said  state  treasurer  shall  call  in,  forthwith  pay, 
and  cancel  the  same,  out  of  the  moneys  in  the  San  Francisco  seawall  sinking 
fund  provided  for  in  this  act,  and  he  shall,  on  the  first  Monday  of  January,  nine- 
teen hundred  and  twenty-four,  also  cancel  and  destroy  all  bonds  not  theretofore 
sold.  All  bonds  issued  shall  be  signed  by  the  governor,  and  countersigned  by  the 
controller,  and  shall  be  indorsed  by  the  state  treasurer,  and  each  shall  have  the 
seal  of  the  state  stamped  thereon.  Each  bond  shall  contain  a  clause  that  it  is 
subject  to  redemption  by  lot  after  the  year  nineteen  hundred  and  fourteen. 

§  2.  Interest  coupons  shall  be  attached  to  each  of  said  bonds,  so  that  such 
coupons  may  be  removed  without  injury  to  or  mutilation  of  the  bond.  Said 
coupons  shall  be  consecutively  numbered,  and  shall  be  signed  by  the  state  treas- 
urer. But  no  interest  on  any  of  said  bonds  shall  be  paid  for  any  time  which  may 
intervene  between  the  date  of  any  of  said  bonds  and  the  issue  and  sale  thereof 
to  a  purchaser. 

§  3.  The  sum  of  one  thousand  dollars  is  hereby  appropriated  to  pay  the  ex- 
pense that  may  be  incurred  by  the  state  treasurer  in  having  said  bonds  prepared. 
Said  amount  shall  be  paid  out  of  the  San  Francisco  harbor  improvement  fund 
on  controller's  warrants  duly  drawn  for  that  purpose. 

§  4.  When  the  bonds  authorized  to  be  issued  under  this  act  shall  be  duly  exe- 
cuted, they  shall  be  by  the  state  treasurer  sold  at  public  auction  to  the  highest 
bidder  for  cash,  in  such  parcels  and  numbers  as  said  treasurer  shall  be  directed 
by  the  governor  of  the  state,  under  the  seal  thereof,  after  a  resolution  requesting 
such  sale  shall  have  been  adopted  by  the  board  of  state  harbor  commissioners; 
but  said  treasurer  must  reject  any  and  all  bids  for  said  bonds,  or  for  any  of  them, 
which  shall  be  below  the  par  value  of  said  bonds  so  offered;  and  he  may,  by 
public  announcement  at  the  place  and  time  fixed  for  the  sale,  continue  such  sale, 
as  to  the  whole  of  the  bonds  offered,  or  any  part  thereof  offered,  to  such  time 
and  place  as  he  may  select.    Due  notice  of  the  time  and  place  of  sale  of  all  bonds 


SAN    FRANCISCO    SEAWALL, — STATE    BONDS— PAYMENT.  1230 

must  be  given  by  said  treasurer  by  publication  in  two  newspapers  published  in 
the  city  and  county  of  San  Francisco,  and  also  by  publication  in  one  newspaper 
published  in  the  city  of  Oakland,  and  by  publication  in  one  newspaper  published 
in  the  city  of  Los  Angeles,  and  by  publication  in  one  newspaper  published  in  the 
city  of  Sacramento,  once  a  week  during  four  weeks  prior  to  such  sale.  The  costs 
of  such  publication  shall  be  paid  out  of  the  San  Francisco  harbor  improvement 
fund,  on  controller's  warrants  duly  drawn  for  that  purpose.  The  proceeds  of 
the  sale  of  such  bonds  shall  be  forthwith  paid  over  by  said  treasurer  into  the 
treasury,  and  must  be  by  him  kept  in  a  separate  fund,  to  be  known  and  desig- 
nated as  the  "San  Francisco  Seawall  Fund"  and  must  be  used  exclusively  for 
the  construction  of  seawalls  and  appurtenances  thereto  on  the  water  front  of 
the  city  and  county  of  San  Francisco.  Drafts  and  warrants  upon  said  fund 
shall  be  drawn  upon  and  shall  be  paid  out  of  said  fund  in  the  same  manner  as 
drafts  and  warrants  are  drawn  upon  and  paid  out  of  the  San  Francisco  harbor 
improvement  fund. 

§  5.  For  the  payment  of  the  principal  and  interest  of  said  bonds  a  sinking 
fund,  to  be  known  and  designated  as  the  "San  Francisco  Seawall  Sinking  Fund," 
shall  be  and  the  same  is  hereby  created,  as  follows :  The  state  treasurer  shall,  on 
the  first  day  of  each  and  every  month  after  the  sale  of  said  bonds,  take  from  the 
San  Francisco  harbor  improvement  fund  such  sum  as,  multiplied  by  th^  time 
the  bonds  then  sold  and  outstanding  have  to  run,  will  equal  the  principal  of  the 
bonds  sold  and  outstanding  at  the  time  said  treasurer  shall  so  take  said  sum 
from  said  San  Francisco  harbor  improvement  fund,  less  the  amount  theretofore 
taken  therefrom  for  said  purpose ;  and  he  shall  place  the  sum  in  the  San  Fran- 
cisco seawall  sinking  fund  created  by  this  act.  Said  state  treasurer  shall,  on 
controller's  warrants  duly  drawn  for  that  purpose,  employ  the  moneys  in  said 
sinking  fund  in  the  purchase  of  bonds  of  the  United  States,  or  of  the  state  of 
California,  or  of  the  several  counties  or  municipalities  of  the  state  of  California, 
which  said  bonds  shall  be  kept  in  a  proper  receptacle,  appropriately  labeled ;  but 
he  must  keep  always  on  hand  a  sufficient  amount  of  money  in  said  sinking  fund 
with  which  to  pay  the  interest  on  such  of  the  state  bonds  herein  provided  to  be 
issued  as  may  have  theretofore  been  sold.  And  to  provide  means  for  the  pay- 
ment of  interest  on  the  bonds  that  may  be  sold  and  outstanding,  said  treasurer 
shall  monthly  take  from  the  San  Francisco  harbor  improvement  fund,  and  pay 
into  said  seawall  sinking  fund,  an  amount  equal  to  the  monthly  interest  then 
due  on  all  bonds  then  sold,  delivered  and  outstanding.  The  board  of  state  har- 
bor commissioners  are  hereby  authorized  and  directed  by  the  collection  of  dock- 
age, tolls,  rents,  wharfage  and  cranage,  to  collect  a  sum  of  money  sufficijent  for 
the  purposes  of  this  act,  over  and  above  the  amount  limited  by  section  two  thou- 
sand five  hundred  and  twenty-six  of  the  Political  Code  of  the  state  of  California. 
Between  the  first  and  the  tenth  day  of  November,  in  the  year  nineteen  hundred 
and  fourteen,  and  between  the  first  and  the  tenth  day  of  November  of  each  year 
thereafter  until  the  maturity  of  said  bonds,  the  said  treasurer  shall,  in  the  pres- 
ence of  the  governor,  proceed  to  draw  by  lot  such  an  amount  of  bonds  as  shall 
be  requisite  to  exhaust  as  nearly  as  may  be  the  amount  in  said  sinking  fund  at 
that  time,  and  shall  thereupon  and  before  the  tenth  day  of  December  following, 
give  notice  by  public  advertisement  to  be  inserted  twice  a  week  for  two  weeks  in 
two  newspapers  published  in  the  city  and  county  of  San  Francisco,  and  also  in 


1240  SAN   FRANCISCO    SEAWALL— SUBMISSION    TO    VOTE    OF    PEOPLE. 

one  newspaper  published  in  the  city  of  Oakland,  and  also  in  one  newspaper  pub- 
lished in  the  city  of  Los  Angeles,  and  also  in  one  newspaper  published  in  the 
city  of  Sacramento,  stating  the  number  of  bonds  so  drawn  and  that  the  principal 
of  said  bonds  will  be  paid  on  presentation  to  the  treasurer  on  or  before  the  second 
day  of  January,  following,  and  that  from  and  after  such  last-named  date  all 
interest  upon  bonds  thus  drawn  shall  cease  and  it  shall  be  the  duty  of  the  treas- 
urer as  soon  as  said  bonds  so  drawn  by  lot  are  surrendered  to  him  and  paid  to 
cancel  the  same  and  the  interest  coupons  thereon,  and  each  year  beginning  with 
the  year  nineteen  hundred  and  fourteen  the  said  treasurer  shall,  in  the  manner 
aforesaid,  proceed  to  draw  by  lot  such  an  amount  of  bonds  as  shall  be  requisite 
to  exhaust  as  nearly  as  may  be  the  amount  in  said  sinking  fund,  and  proceed  in 
the  manner  hereinabove  stated.  After  the  payment  of  all  of  said  bonds,  the 
surplus  or  balance  remaining  in  said  sinking  fund,  if  any  there  be,  shall  forth- 
with be  paid  into  the  San  Francisco  harbor  improvement  fund.  At  the  time  of 
the  respective  drawings  by  lot  as  aforesaid,  and  also  at  the  maturity  of  said  state 
bonds,  said  treasurer  shall  sell  the  United  States  or  other  bonds  then  in  said 
sinking  fund,  at  governing  market  rates,  after  advertising  the  sale  thereof  in 
the  manner  hereinbefore  provided  for  the  sale  of  bonds  hereby  authorized  to  be 
issued,  and  shall  use  the  proceeds  for  the  payment  of  such  bonds  as  may  be 
drawn  by  lot,  and  at  the  maturity  of  said  bonds  outstanding  shall  pay  and 
redeem  said  matured  outstanding  bonds  out  of  said  moneys  in  said  fund  in 
extinguishment  of  said  bonds  on  controller's  warrants  duly  drawn  for  that  pur- 
pose. 

§  6.  The  state  controller  and  the  state  treasurer  shall  keep  full  and  particular 
account  and  record  of  all  their  proceedings  under  this  act,  and  they  shall  trans- 
mit to  the  governor  an  abstract  of  all  such  proceedings  thereunder,  with  an 
annual  report,  to  be  by  the  governor  laid  before  the  legislature  biennially;  and 
all  books  and  papers  pertaining  to  the  matter  provided  for  in  this  act  shall  at 
all  times  be  open  to  the  inspection  of  any  party  interested,  or  the  governor,  or. 
the  attorney-general,  or  a  committee  of  either  branch  of  the  legislature,  or  a 
joint  committee  of  both,  or  any  citizen  of  the  state. 

§  7.  It  shall  be  the  duty  of  the  state  treasurer  to  pay  the  interest  of  said 
bonds,  when  the  same  falls  due,  out  of  the  sinking  fund  provided  for  in  this 
act,  on  controller's  warrants  duly  drawn  for  that  purpose. 

§  8.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the  thirty-first 
day  of  December,  anno  Domini  nineteen  hundred  and  four,  as  to  all  its  provisions 
except  those  relating  to  and  necessary  for  its  submission  to  the  people,  and  for 
returning,  canvassing,  and  proclaiming  the  votes,  and  as  to  said  excepted  pro- 
visions this  act  shall  take  effect  immediately. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  California  for 
their  ratification  at  the  next  general  election,  to  be  holden  in  the  month  of 
November,  anno  Domini  nineteen  hundred  and  four ;  and  all  ballots  at  said  elec- 
tion shall  have  printed  thereon,  and  at  the  end  thereof,  the  words  ''For  the  San 
Francisco  Seawell  Act,"  and  in  a  separate  line  under  the  same  the  words  "  Again.st 
the  San  Francisco  Seawall  Act,"  and  opposite  said  lines  there  shall  be  left  spaces 
in  which  the  voters  may  make  or  stamp  a  cross  to  indicate  whether  they  vote  for 
or  against  the  said  act,  and  those  voting  for  said  act  shall  do  so  by  placing  a 


SEAWALL — SECRETARY    OP    STATE — ARCHIVES.  1241 

cross  opposite  the  word^  "For  the  San  Francisco  Seawall  Act,"  and  all  those 
voting  against  the  said  act  shall  do  so  by  placing  a  cross  opposite  the  words 
"Against  the  San  Francisco  Seawall  Act."  The  governor  of  this  state  shall 
include  the  submission  of  this  act  to  the  people,  as  aforesaid,  in  his  proclamation 
calling  for  said  general  election. 

§  10.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned  and 
canvassed  and  declared  in  the  same  manner  and  subject  to  the  same  rules  as 
votes  cast  for  state  officers ;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election,  as  aforesaid,  then 
the  same  shall  have  effect  as  hereinbefore  provided,  and  shall  be  irrepealable 
until  the  principal  and  interest  of  the  liabilities  herein  created  shall  be  paid  and 
discharged,  and  the  governor  shall  make  proclamation  thereof ;  but  if  a  majority 
of  the  votes  cast  as  aforesaid  are  against  this  act,  then  the  same  shall  be  and 
become  void. 

§  11.     This  act  may  be  known  and  cited  as  the  "San  Francisco  Seawall  Act." 
§  12.     All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

SECRETARY  OF  STATE— ARCHIVES. 

To  provide  for  fitting  up  in  the  basement  of  the  capitol  building  a  moisture- 
proof,  fire-proof  and  burglar-proof  vault  for  storage  and  care  of  the  archives 
of  the  state  offices,  for  the  appointment  of  a  keeper  of  the  archives,  defining 
his  duties,  fixing  his  salary,  and  appropriating  money  for  the  purposes 
appertaining  thereto. 

(Stats.  1889,  451,  ch.  CCLXXXIX.) 

§  1.  The  secretary  of  state  is  the  custodian  of  the  public  archives,  and  that 
he  may  be  enabled  the  more  certainly  to  secure  their  safety,  he  is  hereby  author- 
ized and  directed  to  cause  to  be  constructed  in  the  basement  of  the  state  capitol 
building,  a  moisture-proof,  fire-proof,  and  burglar-proof  vault  for  storage  and 
care  of  such  archives  as  may  be  delivered  to  him  by  the  various  state  officials, 
the  work  of  said  construction  to  be  done  by  day  labor  of  experienced  and  com- 
petent workmen,  under  the  direction,  supervision,  and  to  the  satisfaction  of  said 
secretary  of  state. 

§  2.  All  materials  used  in  the  construction  of  said  vault  shall  be  of  the  best 
that  can  be  had,  and  all  w^ork  done  shall  be  by  day's  labor,  of  eight  hours  each; 
and  no  workmen  shall  be  employed  thereon  who  are  not  in  good  standing  with 
their  various  crafts. 

§  3.  The  secretary  of  state  shall  have  said  vault  fitted  up  with  a  view  to  the 
requirements  for  space  of  all  the  various  state  offices,  and  shall  designate  the 
space  allotted  to  each  by  appropriately  lettered  compartments,  suitable  for  each 
department  of  the  government,  and  shall  have  the  same  provided  with  the  proper 
drawers,  desks,  pigeon-holes,  and  other  necessary  compartments  for  the  use  and 
convenience  of  each. 

§  4.  The  secretary  of  state  shall  appoint  a  competent  person  to  the  position 
of  keeper  of  the  archives,  who  shall  receive  from  and  receipt  to  the  various 
departments  for  all  books,  papers,  vouchers,  maps,  contracts,  and  other  archives 


ia4a  SECKETARY    OF    STATE — ARCHIVES — CLERKS. 

of  the  state  deposited  with  him,  and  shall  so  place  and  arrange  them  that,  when 
called  upon,  he  can  find  any  one  of  them  readily ;  and,  as  a  means  to  accomplish 
this,  he  shall  prepare  a  complete  index  to  the  records  from  each  department  of 
the  state,  for  every  fiscal  year  covered  by  all  the  records  so  deposited  with  him ; 
and  in  the  arrangement  of  said  records  he  shall  so  classify  them  that  the  other 
records  that  may  be  afterwards  delivered  to  him  shall  have  proper  place  and 
room  in  connection  with  other  records  of  like  character. 

§  5.  Said  keeper  of  the  archives  shall  be  assigned  to  the  position  of  an  official 
in  the  office  of  secretary  of  state  and  shall  there  be  in  constant  attendance  for 
call  to  duty  as  such  keeper  of  the  archives ;  and  he  is  hereby  authorized  in  such 
capacity  to  sign  as  deputy  all  papers  required  of  him  the  name  of  the  secretary 
of  state. 

§  6.  In  case  of  the  absence  or  inability  of  said  keeper  of  the  archives  to  per- 
form the  duties  of  his  position,  the  deputy  secretary  of  state  is  hereby  author- 
ized to  act  in  his  stead, 

§  7.  The  salary  of  the  keeper  of  the  archives  is  two  thousand  dollars  per  year, 
and  shall  be  paid  as  the  salaries  of  other  state  officials  are  paid.  The  salary  of 
said  official  shall  not  begin  till  the  completion  of  said  vault. 

§  8.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated,  for  the  construction 
of  said  vault ;  four  thousand  dollars  for  salary  of  the  said  keeper  of  the  archives 
for  the  forty-first  and  forty-Second  fiscal  years.  The  controller  is  hereby  author- 
ized to  draw  his  warrants  for  the  amounts  herein  made  payable,  and  the  treas- 
urer directed  to  pay  the  same. 

§  9.     This  act  shall  take  effect  immediately. 

SECRETARY  OF  STATE— CLERKS  FOR. 

See  Stats.  1889,  451;  1899,  143,  codified  as  §415   Political  Code,   Stats.   1908. 

SECRETARY  FOR  SUPERIOR  COURT. 

See  tit.  Superior  Court. 

SEDUCTION. 

It  Is  believed  that  the  Act  of  1872,  148,  ch.  CLXV,  is  superseded  by  §  266,  Penal  Code, 
as  amended  in  1873-4,  429. 

As  to   the  former  statute,   see   People   vs.  Roderigas,   49   Cal.   9. 

SENATORIAL  DISTRICTS. 

See  tit.  Legislature.  ' 

SEWERS. 

See  tits.  MunicipaJ  Corporations;  Streets. 

SHAD. 

See  tit.  Fish  and  Game. 


SHASTA    COUNTY — ADDITIONAL    JUDGE — SHEEP     HERDING.  1243 

SHASTA  COUNTY— ADDITIONAL  JUDGE. 

To  increase  the  number  of  judges  of  the  superior  court  of  the  county  of  Shasta, 

state  of  California,  and  for  the  appointment  of  such  additional  judge. 

(Stats.  1905,  315,  ch.  CCCI.) 

§  1.  The  number  of  judges  of  the  superior  court  in  the  county  of  Shasta, 
state  of  California,  is  hereby  increased  from  one  to  two. 

§  2.  Within  thirty  days  after  the  passage  of  this  act  the  governor  shall  ap- 
point one  additional  judge  of  the  superior  court  in  the  county  of  Shasta,  state 
of  California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  anno  Domini  nineteen  hundred  and  seven.  At  the  next  general  elec- 
tion to  be  held  in  November,  anno  Domini  nineteen  hundred  and  six,  one  addi- 
tional judge  of  said  superior  court  shall  be  elected  in  said  county  who  shall  be 
the  successor  to  the  judge  appointed  hereunder  to  hold  office  for  the  term  pre- 
scribed by  the  constitution  and  by  law. 

§  3.  The  salary  of  such  additional  judge  shall  be  the  same  in  amount  and  be 
paid  in  the  same  manner  and  at  the  same  time  as  the  salary  of  the  other  judge 
of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

SHASTA— TOWN. 

See  tit.  Municipal  Corporations. 

SHEEP. 

See  tits.  Animals;  Dogs;  License  Taxes;  Quarantine;  Sheep  Herding. 

SHEEP  COMMISSIONER. 
See  tits.  Animals;  Dogs;  Quarantine;  Sheep  and  Goats. 

SHEEP  HERDING. 

The   following'  special  legislation   on   this  to    which     the    provisions     of    the    statute 

subject  is  noted,   though  it  is  probable  that  should    apply.      As    to    Modoc    County,    see 

none  of  it  is  now  in  force:  Stats.    1877-8,    241. 

Stats.  18.57,  227,   reetricting  herding-  of  in  Stats.  1871-2,  890. — §§  1  and  5,  as  amended 

Sonoma  and  Marin  counties.  In  1869-70,  are  amended  by  change  in  names 

Stats.  1838,  165. — §  1  of  above  was  amend-  of  some  of  the  counties  to  be  affected, 
ed  so  as  to  include  the  counties  of  Sonoma,  Stats.  1877-S,  79. — The  foregoing  acts  are 
Marin,  San  Mateo,  Santa  Clara,  Sutter,  Tu-  repealed  as  to  the  counties  of  Mendocino 
lare,  San  Bernardino,  Los  Angeles,  Contra  and  Humboldt,  and  apparently  leaving  the 
Costa,  Alameda,  San  Joaquin,  Placer,  Colusa,  act  in  force  in  the  counties  of  Sonoma.  So- 
Stanislaus,  Calaveras,  Yolo,  Sacramento,  lano,  Marin,  San  Mateo,  Sutter,  Santa  Clara, 
Humboldt,  Monterey,  Merced,  and  San  Luis  San  Bernardino,  Los  Angeles,  Contra  Costa, 
Obispo.  Alameda,  San  Joaquin,  Placer,  Colusa,  Stan- 
Stats.  1859,  119. — §  1  was  amended  so  as  islaus,  Calaveras,  Yolo,  Sacramento,  Hum- 
to  further  include  the  counties  of  Solano,  boldt,  Monterey,  Merced,  San  Luis  Obispo, 
Mariposa,  and  Napa.  Mariposa,  Napa,  Mendocino,  and  Shasta, 
Stats.  1860,  332. — §1  was  amended  by  add-  with  the  proviso  concerning-  public  lands,  as 
ing  Mendocino  County,  and  §  5  was  amended  applicable  to  Mendocino,  Calaveras,  Merced, 
by  providing-  that  nothing  in  the  act  should  and   Shasta   counties. 

be    construed    to    prohibit    the    herding    of  There  may  be  some  special  legislation,  af- 

sheep  upon  unoccupied  government  or  state  fecting-   particular    counties,    on    the    subject 

public    lands,    with    a    proviso    relating-    to  of  herding-  sheep  still  in  force,  but  the  sub- 

Mendocino,     Calaveras,     Yuba,     and     Merced  ject    is   sufficiently   indefinite,    and    so    pecu- 

counties.  liarly   local,    that   these   are   omitted   in   this 

Stats.  1869-70,  304.— §§  1  and  5  were  again  publication, 

amended  relative  to  the  particular  counties  See   tit.   Animals — Estrays. 


1244  she:riffs'  badges— silk   culture— state   board    of. 

SHEEP  AND  GOATS. 
See  tit.  Dogs. 

SHEEP  INSPECTOR. 

See  tit.  Animals. 

SHEEP-KILLING  DOGS. 

See  tit.  Dogs. 

SHERIFF— BADGES. 

To  authorize  the  boards  of  supervisors  to  furnish  the  sheriff  and  deputy  sheriffs 

of  their  several  counties  with  a  suitable  badge  of  office. 

(Stats.  1875-6,  803,  ch.  DXXXV.) 

§  1.  The  boards  of  supervisors  of  the  several  counties  of  this  state  must  fur- 
nish to  the  sheriff,  under-sheriffs,  and  deputy  sheriffs,  of  their  respective  coun- 
ties a  suitable  badge  of  office,  upon  which  shall  be  inscribed  the  words  "sheriff" 
and  ' '  deputy  sheriff. ' ' 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

SHERIFFS— CONVEYING  INSANE,  ETC. 

The  Act  of  1885,  126,  ch.  CXXXVI,  as  amended  1889,  200,  ch.  CLXV,  is  believed  to  be 
superseded  by  the  County  Government  Act  §  215. 

SHERMAN  ISLAND. 

An  act  for  the  protection  of  roads  on  might  be  used  there.  But  see  the  subse- 
Sherman  Island  (1877-8,  601,  ch.  CCCCXII)  quent  general  law  contained  in  subd.  34, 
relating  to  the  width   of   wagon   tires   that       §  25,   County  Government  Act. 

SIGNALS— BELLS. 

See  tit.  Mining. 

SILK  CULTURE. 

To  establish  a  state  board  of  silk  culture,  and  to  provide  moneys  for  the  expenses 

thereof. 
(Stats.  1885,  216,  ch.  CLXV.) 

§  1.  There  shall  be  established  a  state  board  of  silk  culture,  consisting  of 
seven  persons  appointed  by  the  governor  from  the  state  at  large,  three  of  whom 
shall  be  members  of  the  Ladies'  Silk  Culture  Society  of  California. 

§  2.  A  majority  of  the  members  so  appointed  shall  be  specially  qualified  by 
practical  experience  and  study  of  the  silk  industry.  Each  member  shall  hold 
office  for  the  term  of  four  years  except  those  first  appointed,  three  of  whom,  to 
be  determined  by  lot,  shall  retire  at  the  end  of  two  years,  when  their  successors 
shall  be  appointed  by  the  governor. 

§  3.  The  board  may  appoint  and  prescribe  the  duties  of  a  secretary,  and  elect 
one  of  their  own  number  treasurer,  both  to  hold  office  at  the  pleasure  of  the 
board.  The  treasurer  shall  give  a  bond  to  the  state,  approved  by  the  board,  in 
the  sum  of  ten  thousand  dollars  for  the  faithful  discharge  of  his  or  her  duties. 


SILK    CULTURE— STATE    BOARD     OP.  1345 

§  4.  The  board  may  receive,  manage,  and  use  donations  or  bequests  for  pro- 
moting silk  culture  in  this  state.  They  shall  establish  a  filature  or  silk-reeling 
school  in  San  Francisco,  wherein  free  instruction  shall  be  given  in  silk  reeling. 
The  board  shall  use  the  moneys  appropriated  by  the  state  to  advance  the  inter- 
est of  silk  culture  in  this  state  as  they  deem  best  and  proper. 

§  5.  The  secretary  in  addition  to  performing  such  official  duties  as  the  board 
may  direct,  shall  collect  statistics  and  other  information  showing  the  condition 
and  progress  of  sericulture  throughout  the  state;  correspond  with  various  soci- 
eties and  individuals,  both  at  home  and  abroad,  who  are  engaged  in  the  promo- 
tion of  silk  culture,  and  shall  prepare  a  full  report  thereof  to  be  made  to  the 
board  annually  for  their  publication. 

§  6.  The  board  shall,  biennially,  in  the  month  of  December,  have  their  biennial 
report  printed,  and  submit  the  same  to  the  legislature  upon  its  convening.  The 
detailed  report  so  made  shall,  under  the  direction  of  the  controller,  be  printed 
in  pamphlet  form,  not  to  exceed  fifty  printed  pages,  and  not  to  exceed  three  thou- 
sand copies  thereof,  to  be  distributed  as  the  board  may  direct.  All  printing 
required  to  be  done  by  the  board  for  their  official  use  shall  be  done  by  the  state 
printer. 

§  7.  The  treasurer  shall  hold  all  moneys  of  the  board  and  pay  out  the  same 
only  on  orders  approved  by  the  board,  and  shall  account  therefor  in  his  or  her 
annual  report. 

§  8.  No  remuneration  or  salaries  shall  be  paid  to  any  member  of  the  board, 
its  officers,  or  superintendent,  for  services  rendered;  nor  shall  any  moneys  be 
used  in  the  purchase  of  trees,  cuttings,  eggs,  cocoons,  or  anything  pertaining  to 
silk  culture,  for  the  purpose  of  a  free  distribution  of  the  same,  in  excess  of  five 
hundred  dollars  per  year. 

§  9.  There  is  hereby  appropriated  for  the  use  of  the  state  board  of  silk  culture, 
as  set  forth  in  this  act,  out  of  any  moneys  in  the  state  treasury  not  otherwise 
appropriated,  the  sum  of  five  thousand  dollars  for  the  year  commencing  the  first 
of  July,  eighteen  hundred  and  eighty-five,  and  five  thousand  dollars  for  the  year 
commencing  the  first  of  July,  eighteen  hundred  and  eighty-six,  and  the  state 
controller  shall  draw  his  warrants  upon  the  state  treasurer  in  favor  of  the  treas- 
urer of  the  board,  as  such  officer,  for  the  said  sums,  or  any  parts  thereof,  when 
they  become  available,  upon  the  proper  demand  of  said  board. 

§  10.  Upon  the  organization  of  the  board  of  silk  culture,  provided  for  in 
this  act,  the  present  state  board  of  silk  culture  shall  turn  over  to  the  board 
herein  provided  for  all  books,  papers,  and  property  in  its  possession  belonging  to 
the  state,  and  the  board  hereby  created  shall  pay  the  just  debts  of  the  present 
board  of  silk  culture. 

§  11.  This  act  shall  take  effect  from  and  after  its  passage,  and  all  acts  or 
parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Appropriations  for  the  board  of  silk  culture  seem  to  have  ceased  since  1887. 

SLEEPING  APARTMENTS. 
See  tit.  Lodging-Houses 

SOCIETIES. 

See  tits.  Animals— Prevention  of  Cruelty  to ;  Mutual  Benefit  Societies. 


1346  SOIiANO    COUNTY— RECORDS    OF— TRANSCRIBING. 

SOLANO   COUNTY— RECORDS. 

I         To  legalize  certain  records  in  the  county  of  Solano. 
(Stats.  1857,  159,  ch.  CXXXV.) 

§  1.  The  records  of  all  deeds,  conveyances,  mortgages,  and  other  instruments 
of  writing,  of  whatever  description,  which  by  law  are  required  to  be  recorded, 
and  which  are  recorded  in  certain  books  of  record  now  remaining  in  the  office 
of  the  county  recorder  of  Solano  County,  known  and  designated  as  book  ''A" 
and  book  "B,"  containing  the  record  of  deeds,  mortgages,  and  other  documents 
relating  to  lands  and  real  estate  in  Solano  County,  and  which  were  recorded  in 
said  books  of  record  previous  to  the  passage  of  the  "Act  concerning  county 
recorders,"  passed  March  twenty-sixth,  eighteen  hundred  and  fifty-one  (which 
books  of  record  were  the  books  of  record  of  Stephen  Cooper,  judge  of  the  first 
instance  of  the  district  of  Sonoma,  and  were  deposited  in  said  county  recorder's 
office  by  said  judge  of  first  instance ) ,  are  hereby  legalized  and  declared  to  have 
the  same  force  and  effect  as  though  the  same  were  recorded  in  said  county 
recorder's  office  subsequent  to  the  passage  of  this  act,  and  in  accordance  with  the 
said  "Act  concerning  county  recorders,"  passed  March  twenty-sixth,  eighteen 
hundred  and  fifty-one. 

§  2.  The  record  of  all  deeds,  mortgages  and  other  instruments,  recorded  in 
said  books  of  record,  and  certified  copies  thereof,  made  by  the  county  recorder  of 
said  county  under  his  official  seal,  shall  be  received  in  evidence  in  all  the  courts 
of  record  in  this  state,  and  shall  in  every  respect  have  the  same  force  and  effect 
as  other  records  and  copies  of  records  of  said  office,  made  since  the  passage  of 
said  "Act  concerning  county  recorders,"  passed  March  twenty -sixth,  eighteen 
hundred  and  fifty-one. 

See  next   following  statute. 

SOLANO  COUNTY— RECORDS. 

Authorizing  and  empowering  the  county  recorder  of  Solano  County  to  tran- 
scribe certain  records,  and  to  legalize  the  same. 

(Stats.  1859,  66,  ch.  LXXXV.) 

§  1.  The  county  recorder  of  Solano  County  is  hereby  authorized  and  required, 
as  soon  as  the  same  can  conveniently  be  done,  to  transcribe  into  suitable  and 
well-bound  books  all  deeds,  mortgages,  title-bonds,  and  powers  of  attorney,  con- 
tained in  the  following  books  of  record,  kept  in  the  said  recorder 's  office,  namely : 
the  books  known  as  A,  B,  C,  and  D. 

§  2.  ,  The  books  of  record,  and  each  of  the  entries  therein  made,  as  directed  by 
section  one  of  this  act,  shall  have  the  same  force  and  effect  as  the  original  records 
transcribed  therein  may  have  had,  and  copies  of  any  of  the  records  or  entries 
transcribed,  as  provided  in  this  act,  shall  have  the  same  force  and  effect  as  copies 
of  the  original  records  or  entries  may  have  had. 

§  3.  For  services  rendered  under  this  act  the  said  county  recorder  of  Solano 
County  shall  be  allowed  the  same  rate  of  compensation  as  is  prescribed  by  sec- 
tion twenty-eight  of  an  act  entitled  "An  act  to  regulate  fees  in  office"  (ap- 
proved April  tenth,  eighteen  hundred  and  fifty-five),  for  like  services;  and  the 


SOLDIBRS   AND    MARINES— WIDOWS    AND    ORPHANS    OF.  1247 

same  shall  be  paid  out  of  the  county  treasury  in  the' same  manner  as  other  de- 
mands against  the  said  Solano  County  are  paid. 

§  4.  The  original  records  shall  be  carefully  preserved  in  the  office  of  said 
county  recorder,  for  further  reference. 

See  tit.  Suscol  Rancho. 

SOLDIERS  AND  MARINES. 

See  tits.  County  (Jovemment;  License;  Sailors  and  Soldiers,  Burial. 

SOLDIERS— EX-UNION. 

See  tits.  County  Government;  License  Taxes;  Sailors  and  Soldiers,  Burial; 
Soldiers'  Widows  and  Orphans;  Public  Work;  Veterans'  Home. 

SOLDIERS'   HOME. 
See  tits.  Intoxicating  Liquors;  Soldiers'  Widows,  Orphans,  etc. 

SOLDIERS'   WIDOWS,   ORPHANS,   ETC. 

To  provide  for  the  building  and  furnishing  of  the  home  for  soldiers'  widows 
and  orphans  and  army  nurses,  and  for  the  state  to  inquire  into  the  man- 
agement of  such  institution  by  a  uniform  rule  proportioned  to  the  number 
of  inmates  in  said  institution,  for  the  management  of  the  same,  and  for 
the  support  of  indigent  persons  residing  in  the  said  home. 

(Stats.  1889,  206,  ch.  CLXXIII;  amended  1891,  428,  ch.  CCXXIV.) 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  the  sum  of  twenty-live  thousand  ($25,000)  dol- 
lars for  the  building  and  furnishing  of  the  Home  for  Soldiers'  Widows  and 
Orphans  and  Army  Nurses  in  indigent  circumstances. 

§  2.  The  said  sum  of  money  for  the  purpose  in  section  one  of  this  act  pro- 
vided, shall  be  expended  in  the  manner  and  in  the  sums  in  this  act  herein- 
after specified  immediately  after  the  completion  of  the  main  building  of  the 
home,  and  upon  satisfactory  evidence  furnished  the  governor  of  the  state 
that  the  board  of  directors  of  the  Woman's  Relief  Corps  Home  Association 
have  accepted  the  main  building  from  the  contractors,  the  controller  of  state 
shall,  upon  the  order  of  the  governor,  issue  his  warrant  for  the  sum  of  ten 
thousand  ($10,000)  dollars  in  favor  of  the  president  and  treasurer  of  the 
board  of  directors  of  the  Woman's  Relief  Corps  Home  Association,  and  the 
state  treasurer  is  hereby  directed  to  pay  the  same. 

§  3.  The  said  directors  are  authorized  and  directed  to  expend  such  sum  or 
sums  as  may  be  from  time  to  time  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  the  widows,  mothers,  wives,  and  children  of 
Union  soldiers,  sailors,  and  marines,  and  for  ex-Union  army  nurses,  in  indigent 
circumstances,  residing  in  the  home  in  Santa  Clara  County,  under  the  auspices 
of  the  Woman's  Relief  Corps  Home  Association,  a  corporation  duly  created 
and  existing  under  the  laws  of  this  state,  in  the  manner  following,  to  wit: 
The  sum  of  one  hundred  and  fifty  dollars  per  annum  for  each  widow,  mother, 
wife,  child,  or  army  nurse  admitted  to  and  residing  in  such  home;  provided, 


1248  SOLDIERS'  WIDOWS    AND    ORPHANS— AID     TO. 

the  whole  of  said  sum  shall  not  be  expended  in  any  one  year  for  such  support 
and  maintenance.     [Amendment,  Stats.  1891,  428,] 

§  4.  The  aid  granted  in  section  three  of  this  act  shall  commence  on  the  first 
day  of  the  month  after  each  such  widow,  mother,  wife,  child,  or  army  nurse 
shall  commence  bona  fide  to  reside  in,  and  be  supported  in  such  home,  and 
shall  be  paid  by  the  state  in  semiannual  instalments.  [Amendment,  Stats. 
1891,  428.] 

§  5.  First — It  shall  be  the  duty  of  such  corporation  to  keep  a  book,  in 
which  shall  be  entered  the  date  of  admission,  name,  age,  and  place  of  birth 
of  each  widow,  mother,  wife,  child,  or  army  nurse,  and  also  the  military  his- 
tory, if  it  can  be  obtained,  of  the  husband,  father,  or  son  of  such  widow, 
mother,  wife,  or  child  who  is,  or  may  hereafter  be,  admitted  to  such  insti- 
tution, and  the  estate  or  income,  if  any,  to  which  she  or  it  may  be  entitled. 

Second — Said  corporation  shall  also  keep  a  book  entitled  ''Monthly  Ac- 
counts." In  it  shall  be  entered  on  the  debtor  side  all  moneys  received  from 
any  and  all  sources,  segregated  under  their  proper  heads,  and  on  credit  side 
all  disbursements  made,  specifying  for  what  purpose  made,  and  the  amounts 
entered  in  detail  so  disbursed,  segregated  under  their  proper  heads,  each 
entry  to  be  made  under  its  proper  dates. 

Third — A  pay-roll  shall  be  kept  of  the  employees,  and  the  amounts  dis- 
bursed to  each,  and  at  what  rate  of  wages,  and  for  what  length  and  kind  of 
services. 

Fourth — A  book  shall  be  kept,  in  which  shall  be  entered  in  detail  the 
amounts  and  dates  of  all  payments  from  outside  sources  made  to  each  widow, 
mother,  wife,  child  or  army  nurse  during  her  said  residence,  or  to  such  asso- 
ciation for  her  or  its  benefit. 

Fifth — A  transcript  of  such  book  and  pay-roll,  verified  by  the  oath  of  the 
manager  of  such  institution,  or  person  in  charge  of  the  same,  shall  be  made 
and  forwarded  to  the  state  board  of  examiners  at  the  time  of  making  demand 
or  presenting  claims  for  state  aid,  conveying  in  accordance  with  section  three 
of  this  act,  covering  the  time  for  which  such  claim  or  demand  for  state  aid  is 
made ;  also,  a  list  of  all  the  inmates  for  whom  such  claim  or  demand  for  such 
aid  is  made. 

Sixth — Such  books  and  pay-roll  shall  be  open  also,  at  all  times,  to  the  inspec- 
tion of  the  state  board  of  examiners,  or  of  any  person  authorized  by  it  to 
examine  the  same,  or  of  any  committee  of  the  legislature  or  clerk  thereof,  duly 
authorized  so  to  do.     [Amendment,  Stats.  1891,  428.] 

§  6.  The  state  board  of  examiners  are  authorized  in  behalf  of  the  state, 
at  any  time,  to  inquire,  either  in  person  or  by  authorized  agent,  into  the  man- 
agement of  such  institution;  and  upon  refusal,  after  due  demand,  to  permit 
such  inquiry,  such  institution  shall  not  thereafter  receive  any  aid  under  this 
act.  All  necessary  expenses  incurred  in  making  such  inquiry  shall  be  audited 
and  allowed  by  the  state  board  of  examiners  out  of  the  appropriations  of  the 
state  for  the  aid  of  such  institutions. 

§  7.     Every  claim  for  aid  under  this  act  shall  be  presented  to  and  audited 
and  allowed  by  the  state  board  of  examiners.    Such  claims  shall  contain: 
1.  The  name  and  location  of  the  institution  making  the  claim. 


SOLDIERS'   WIDOWS    AND    ORPHANS— AID    TO.  U48 

2.  The  name  of  the  person  or  persons  having  control  thereof. 

3.  The  number  and.  class  of  inmates. 

4.  The  date  of  admission  and  age  of  each. 

5.  The  amount  of  pension  or  other  income  the  institution  is  receiving  from 
each  inmate. 

Such  claim  and  the  statements  therein  contained  shall  be  verified  by  the 
oath  of  the  superintendent  or  other  person  having  charge  of  the  institution, 
and  the  board  of  examiners  may,  in  their  discretion,  require  the  production 
of  the  books  of  such  institution  in  support  of  such  claim. 

§  8.  If  such  claim  be  audited  and  allowed,  in  whole  or  in  part,  by  saia 
board,  it  shall  be  the  duty  of  the  controller  to  draw  his  warrant  for  the 
amount  thereof  in  favor  of  the  president  and  treasurer  of  said  association, 
and  it  shall  be  the  duty  of  the  state  treasurer  to  pay  the  same  on  due  presen- 
tation. 

§  9.  No  person  for  whose  specific  support  there  is  paid  said  institution  the 
sum  of  twelve  dollars  and  fifty  cents  or  more  per  month,  shall  be  entitled 
to  any  aid  under  this  act.  But  if  such  sum  be  less  than  twelve  dollars  and 
fifty  cents  per  month,  aid  shall  be  granted  for  such  sum  only  as  is  necessary 
to  make  a  full  amount  of  support,  including  the  state  aid,  twelve  dollars  and 
fifty  cents  per  month. 

§  10.  Such  claims  or  demands  for  state  aid  shall  be  presented  to  and  acted 
on  by  said  board,  and  paid  by  said  treasurer  semiannually,  commencing  from 
the  first  day  of  the  month  after  said  home  shall  be  open  to  and  receive  its 
inmates,  the  first  of  said  claims  to  be  so  presented  at  the  expiration  of  six 
months  from  said  last-mentioned  time,  and  each  subsequent  claim  at  regular 
intervals  of  six  months  thereafter. 

§  11.  No  money  appropriated  by  the  state  under  this  act  shall  be  expended 
either  in  improvements  or  any  erection  of  new  buildings  for  such  institution, 
except  as  provided  in  sections  one  and  two  of  this  act. 

§  12.  No  person  shall  be  entitled  to  receive  any  aid  under  this  act,  unless 
she  has  been  admitted  to  and  kept  in  said  home  by  reason  of  her  services 
as  array  nurse,  or  by  reason  of  the  military  services  of  her  husband,  father, 
or  son,  nor  unless  she  has  been  continuously  a  resident  of  this  state  for  two 
years  next  prior  to  her  admission  to  said  home,  nor  unless  she  would  be 
entitled  to  receive  such  aid  by  virtue  of  the  laws  and  constitution  of  this 
state.  Before  allowing  a  claim  in  behalf  of  any  inmate  of  said  home,  the 
board  of  examiners  shall  require  proof  of  such  facts.  [Amendment,  Stats. 
1891,  428.] 

People  vs.  Royce.  106  Cal.  173,  185,  37  Pac.  Rep.  630,  39  Id.  524;  Lewis  vs.  Colgan,  115 
Cal.   529,  535,   47  Pac.  Rep.   357. 

SONOMA   CITY— PUEBLO,   TOWN. 

To  empower  and  authorize  the  commissioners  of  the  former  pueblo  or  city 
of  Sonoma  to  sell  and  convey  a  portion  of  the  lands  known  as  the  pueblo 
grant  of  Sonoma. 

(Stats.  1871-2,  239,  ch.  CC.) 

§  1.  Jacob  R.  Snyder,  George  L.  Wratten,  and  John  Walton,  the  commis- 
sioners of  and  for  the  pueblo  or  city  of  Sonoma,  in  the  county  of  Sonoma, 

Gen.   Laws — 79 


1250  SONOMA    CITY— SALE    OF    PUEBLO    GRANT. 

shall,  within  ninety  days  after  this  act  goes  into  effect,  call  an  election  to  be 
held  within  the  exterior  limits  of  said  pueblo  lands,  as  laid  down  on  O'Farrel's 
map  of  the  town  or  city  of  Sonoma,  and  at  said  election  shall  submit  to  the 
legal  voters  residing  on  the  land  described  on  said  map  whether  the  portion  of 
said  lands  known  on  said  map  and  in  the  town  of  Sonoma  as  the  "Plaza," 
shall  for  the  consideration  of  ten  dollars  be  sold  and  conveyed  to  and  given 
in  charge  to  the  Society  of  California  Pioneers  for  the  district  composed  of 
Sonoma,  Napa,  Marin,  Mendocino,  and  Lake  counties,  to  be  held  and  used 
during  the  existence  of  said  society  for  the  purpose  of  erecting  and  maintain- 
ing halls  and  offices  thereon  for  the  use  of  said  society,  its  officers,  and  mem- 
bers, and  for  the  purpose  of  protecting  and  beautifying  said  grounds  by 
keeping  a  good  substantial  fence  around  the  same,  and  planting  shade  and 
ornamental  trees,  and  laying  oft'  and  improving  walks  therein  for  a  public 
promenade. 

§  2.  The  said  commissioners  shall,  at  least  ten  days  next  before  such  elec- 
tion, give  public  notice  of  the  time  when  and  place  where  said  election  will 
be  held,  by  posting  in  at  least  three  public  places  in  said  pueblo  a  notice  that 
such  a  proposition  will  be  submitted  to  the  qualified  electors  within  said 
limits  for  their  approval  or  rejection,  and  shall  appoint  three  qualified  electors 
to  act,  one  as  inspector  and  the  other  two  as  judges  of  said  election,  who  shall, 
before  entering  upon  the  discharge  of  their  duties,  be  duly  sworn  by  an 
officer  authorized  to  administer  oaths  to  discharge  the  duties  of  inspector 
and  judges  faithfully  and  impartially  to  the  best  of  their  knowledge  and 
ability  according  to  law;  and  said  inspector  and  judges  shall  appoint  the 
clerks  for  said  election. 

§  3.  The  manner  of  voting  and  all  the  proceedings  connected  with  said 
election,  and  the  ascertaining  and  declaring  the  result  shall  be  the  same  as  at 
the  general  election  for  state  and  county  officers,  except  as  in  this  act  par- 
ticularly and  specially  provided. 

§  4.  The  ballots  cast  at  said  election  shall  have  written  or  printed  thereon 
"Sell  and  convey  Plaza  to  Pioneers,"  and  every  ballot  cast  at  said  election 
in  favor  of  said  proposition  shall  have  the  word  "Yes"  written  or  printed 
thereon,  and  every  ballot  cast  at  said  election  against  said  proposition  shall 
have  the  word  "No"  written  or  printed  thereon. 

§  5.  The  result  of  said  election  shall  be  certified  to  said  commissioners 
by  the  inspector,  judges,  and  clerks  of  said  election,  and  if  at  said  election 
a  greater  number  of  electors  voting  on  said  proposition  have  voted  "No" 
than  have  voted  "Yes,"  the  said  proposition  shall  be  by  said  commissioners 
declared  rejected.  But  if  at  said  election  a  greater  number  of  electors  voting 
on  said  proposition  have  voted  "Yes"  than  have  voted  "No,"  then  said  propo- 
sition shall  be  deemed  approved,  and  by  said  commissioners  shall  be  declared 
and  approved,  and  a  record  of  the  fact  of  such  approval  shall  be  entered  upon 
the  records  of  the  proceedings  of  said  commissioners. 

§  6.  Said  commissioners  shall,  as  soon  as  practicable  after  the  approval  of 
said  proposition,  sell  to  the  Society  of  California  Pioneers  named  in  section 
two  of  this  act,  for  the  consideration  of  ten  dollars,  and  convej'"  in  trust  for 
said  society  to  the  parties  authorized  by  the  by-laws  of  said  society  to  hold 


SONOMA    CITY — PUEBLO    LANDS— LEGALIZING     GRANTS.  1251 

real  estate  in  trust  for  it,  the  said  tract  of  land  known  in  said  town  and  ex-city 
of  Sonoma,  as  the  principal  plaza  and  laid  doAvn  and  designated  on  O'Farrel's 
map  of  said  town  of  Sonoma  as  the  "Plaza." 

§  7.  As  a  part  of  the  terms  and  conditions  of  the  sale  provided  for  in  this 
act,  it  is  understood  that  said  Society  of  California  Pioneers  shall  perpetually 
keep  a  good  substantial  fence  around  and  inclosing  said  plaza,  with  gates 
or  stiles  therein,  and  shall,  within  five  years  after  said  plaza  is  conveyed  to  it, 
expend  at  least  five  thousand  dollars  on  said  plaza,  in  erecting  buildings 
thereon  and  otherwise  beautifying  said  grounds,  and  that  said  society  shall 
not  sell  or  convey  said  lands  or  any  part  thereof;  and  in  case  said  society 
fails  to  comply  with  said  conditions  and  requirements,  or  violate  said  restric- 
tions, then  the  title  to  said  lands,  as  well  as  all  improvements  thereon,  shall 
revert  to  and  vest  in  the  town  of  Sonoma ;  provided,  that  if  at  any  time  the 
said  society  abandons  the  plaza,  or  in  any  manner  fails  to  comply  with  the 
terms  herein  conveyed,  then  this  act  shall  be  to  all  intents  and  purposes  void. 

§  8.  The  election  herein  provided  for  is  hereby  exempted  from  the  pro- 
visions of  the  registry  act. 

§  9.  Any  person  who  shall  wilfully  and  intentionally  injure  or  destroy,  or 
cause  to  be  injured  or  destroyed,  any  fence,  gate,  or  stile,  or  any  part  thereof 
now  surrounding  and  inclosing  said  plaza,  or  any  building,  fence,  gate,  or 
stile  that  may  hereafter  be  erected  thereon  or  around  said  plaza,  or  shall 
injure,  break,  cut,  destroy,  or  cause  to  be  injured  or  destroyed,  any  shade  or 
ornamental  tree  or  shrub  now  planted  or  that  may  hereafter  be  planted 
thereon,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  fine  in  any  sum  not  exceeding  five  hundred  dollars. 

§  10.  All  acts  and  parts  of  acts,  in  so  far  as  they  conflict  with  the  provisions 
of  this  act,  are  hereby  repealed. 

See    next    foUowing    statute,    and    see    tit.      Municipal  Corporations. 

SONOMA    TOWN. 

To  confirm  and  legalize  the  acts  and  proceedings  of  any  and  all  of  the  mayors, 
common  councils,  alcaldes,  justices  of  the  peace,  of  the  pueblo  of  Sonoma, 
state  of  California, 

(Stats.  1869-70,  413,  ch.  CCCXIII.) 

§  1.  That  all  the  ordinances,  resolutions,  written  minutes  and  proceedings 
of  the  mayors  and  common  council,  alcaldes,  justices  of  the  peace  of  the  city 
or  town  of  Sonoma,  which  relate  to  the  sale  or  disposition  of  lands  and  the 
sales  of  lands  made  by  them  wdthin  the  boundaries  of  the  pueblo  of  Sonoma, 
as  confirmed  by  the  board  of  land  commissioners  of  the  United  States,  and 
which  confirmation  was  filed  in  the  office  of  said  board,  January  twenty- 
second,  eighteen  hundred  and  fifty-six,  and  is  now  on  file  in  the  office  of  the 
surveyor-general  of  the  United  States  for  California,  at  San  Francisco;  also, 
as  described  in  the  final  decree  by  the  United  States  district  court,  at  San 
Francisco,  made  November  second,  eighteen  hundred  and  sixty-four,  are 
hereby  ratified,  confirmed  and  legalized. 

§  2.  The  patent  issued  or  grant  made  by  the  United  States  to  the  pueblo,  or 
her  representatives,  shall  inure  to  the  several  uses,  benefits  and  behoof  of  the 
said  parties  holding  title  under  any  grant  or  sale  made  by  any  mayor,  common 


J252  SONOMA    COUNTY — FENCES — RECORDS,    TRANSCRIBING. 

council,  alcaldes,  justice  of  the  peace  of  the  city  or  town  of  Sonoma,  their 
heirs  and  assigns,  as  fully  and  effectually,  to  all  intents  and  purposes,  as  if 
it  were  issued  or  made  to  them  directly,  individually  and  by  name. 

§  3.  All  acts  and  parts  of  acts  in  so  far  as  they  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

SONOMA  COUNTY— FENCES. 

It  is  believed  that  the  act  (Stats.  1S77-8,  lines  of  the  county  has  been  superseded  by 
692,  ch.  CCCCXLVII)  relating  to  fences  and  the  codes  and  the  statutes  concerning  law- 
causes   of   action   arising   on   the   boundary       lul  fences. 

SONOMA  COUNTY— RECORDS. 

Authorizing  and  empowering  the  county  recorder  of  Soroma  County  to  tran- 
scribe certain  records,  and  to  legalize  the  same. 
(Stats.  1860,  109,  ch.  CXLI.) 

§  1.  The  county  recorder  of  Sonoma  County,  is  hereby  authorized  and 
required,  as  soon  as  the  same  can  conveniently  be  done,  to  transcribe  into 
suitable  and  well  bound  books,  all  instruments  contained  in  the  following 
books  of  record,  kept  in  the  recorder's  office,  namely:  The  books  known  as 
A,  B,  BB,  C,  D,  E,  F,  G,  H,  K,  M,  also,  book  A  of  Releases,  and  the  old 
book  of  Brands  and  Marks. 

§  2.  The  books  of  record,  and  each  of  the  entries  therein  made,  as  directed 
by  section  one  of  this  act,  shall  have  the  same  force  and  effect  as  the  original 
records  transcribed  therein  may  have  had,  and  copies  of  any  of  the  records 
or  entries  transcribed,  as  provided  in  this  act,  shall  have  the  same  force  and 
effect  as  copies  of  the  original  records  and  entries  may  have  had. 

§  3.  For  services  rendered  under  this  act,  the  said  county  recorder  of 
Sonoma  County,  shall  be  allowed  the  sum  of  ten  cents  for  each  and  every  folio ; 
and  the  same  shall  be  paid  out  of  the  county  treasury,  in  the  same  manner 
as  other  demands  against  the  said  Sonoma  County  are  paid. 

§  4.  The  original  records  shall  be  carefully  preserved  in  the  office  of  said 
county  recorder,  for  future  reference. 

See  next  two  following  statutes. 

SONOMA  COUNTY— RECORDS. 

To  provide  for  the  transcribing  of  the  records  of  surveys  in  Sonoma  County. 

(Stats.  1862,  53,  ch.  LXIII.) 

§  1.  The  board  of  supervisors  of  Sonoma  County  is  hereby  authorized  to 
contract  for  the  transcribing  and  indexing  of  the  old  records  of  surveys  of 
Sonoma  County,  entered  previous  to  the  first  day  of  January,  anno  Domini 
eighteen  hundred  and  sixty-two;  provided,  they  shall  not  allow  more  than 
ten  cents  per  folio  for  the  writing;  and  for  copying  the  maps,  the  same  com- 
pensation as  allowed  to  county  recorder  for  similar  services. 

§  2.  After  the  completion  of  the  services  authorized  by  this  act,  to  the 
satisfaction  of  the  board  of  supervisors,  the  transcript  shall  have  the  same 
legal  effect  as  the  original  records;  and  the  board  of  supervisors  shall  draw 
their  order  on  the  county  treasurer  for  the  sum  allowed  the  contractor,  and 


SONOaiA    COUNTV — RKCORDS — TRANSLATION     OP     SPANISH.  1253 

the  county  treasurer  shall  pay  the  same  out  of  any  moneys  in  the  county 
general  fund  not  otherwise  appropriated. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

SONOMA  COUNTY— RECORDS. 

To  provide  for  the  translation  of  foreign  records  in  the  county  of  Sonoma, 

and  to  make  such  translations  evidence  of  their  contents. 

(Stats.  1869-70,  582,  ch.  CCCCXXII.) 

§  1.  The  county  recorder  of  the  county  of  Sonoma  is  hereby  authorized 
and  required,  w^henever  the  board  of  supervisors  shall  command  him  so  to 
•do,  to  cause  to  be  translated  into  the  English  language  all  the  records  of  said 
county  made  in  any  foreign  language,  and  for  that  purpose  is  hereby  author- 
ized and  required  to  employ  some  competent  translator,  resident  of  the  county, 
at  such  compensation  as  shall  be  just  and  reasonable,  to  be  agreed  upon  by 
said  recorder  and  translator,  subject  to  the  approval  of  the  board  of  super- 
visors of  said  county. 

§  2.  Said  county  recorder  shall  provide  a  suitable  record  book  for  all 
such  instruments  and  records,  in  which  shall  be  transcribed  the  original 
record,  to  be  followed  by  translation  thereof;  and  to  have  good,  direct  and 
reverse  indices  thereto,  made  and  prepared  by  said  translator ;  for  the  making 
of  which  said  records  and  indices,  the  board  aforesaid  shall  pay  said  translator 
such  reasonable  compensation  as  shall  be  agreed  upon  between  said  translator 
and  county  recorder,  subject  to  approval  by  said  board  of  supervisors. 

§  3.  Said  translator  shall  affix  to  each  book  of  translated  records  so  made 
an  affidavit,  to  be  sworn  to  before  the  county  recorder,  who  is  hereby  author- 
ized to  administer  the  oath,  that  the  translations  contained  in  said  book  are 
true,  correct,  and  full,  as  the  same  appears  of  record  in  such  foreign  language. 

§  4.  The  records  of  said  translation  shall  be  held  to  be  evidence  of  the 
instruments  so  recorded,  and  the  records  themselves,  and  certified  copies 
thereof,  shall  be  received  in  evidence,  in  all  the  courts  of  this  state,  of  the 
contents  of  the  instruments  so  purported  to  be  translated;  but  said  transla- 
tions shall  not  in  any  manner  determine  or  affect  any  open  question  of  the  due 
execution  of  the  original  instruments. 

§  5.  The  compensation  for  all  services  under  this  act,  and  all  expenses  for 
books  and  stationery,  shall  be  paid  by  the  county  treasurer,  from  time  to 
time,  under  the  order  of  the  board  of  supervisors,  who  shall  audit  and  allow 
the  same,  as  said  work  progresses. 

§  6.     This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

SONOMA  COUNTY. 

See  tits.  Fences;  Hunting  on  Private  Property;  Poultry  Experiment  Station; 
Sheep  Herding;  Sonoma  City;  Pueblo,  Town. 

SONOMA   CREEK. 

See  tit.  Fish  and  Game. 

SOUTHERN    CALIFORNIA    RAILWAY    COMPANY. 

See  tit.  Railroads. 


1254  SOUTHERN    PACIFIC    RAILROAD — CONGRESSIONAL    AID. 

SOUTHERN    PACIFIC    RAILROAD    COMPANY. 

To  aid  in  giving  eifect  to  an  act  of  Congress  relating  to  the  Southern  Pacific 

Railroad  Company. 
(Stats.  1869-70,  883,  ch.  DLXXIX.) 

§  1.  Whereas,  by  the  provisions  of  a  certain  act  of  Congress  of  the  United 
States  of  America,  entitled  an  act  granting  lands  to  aid  in  the  construction 
of  a  railroad  and  telegraph  line  from  San  Francisco  to  the  eastern  line  of  the 
state  of  California,  approved  July  twenty-seventh,  eighteen  hundred  and 
sixty-six,  certain  grants  were  made  to,  and  certain  rights,  privileges,  powers 
and  authority  were  vested  in  and  conferred  upon  the  Southern  Pacific  Rail- 
road Company,  a  corporation  duly  organized  and  existing  under  the  laws  of 
the  state  of  California;  therefore,  to  enable  the  said  company  to  more  fully 
and  completely  comply  with  and  perform  the  requirements,  provisions  and 
conditions  of  the  said  act  of  Congress,  and  all  other  acts  of  Congress  now  in 
force  or  which  may  hereafter  be  enacted,  the  state  of  California  hereby  con- 
sents to  said  act ;  and  the  said  company,  its  successors  and  assigns,  are  hereby 
authorized  and  empowered  to  change  the  line  of  its  railroad  so  as  to  reach 
the  eastern  boundary  line  of  the  state  of  California  by  such  route  as  the  com- 
pany shall  determine  to  be  the  most  practicable,  and  to  file  new  and  amenda- 
tory articles  of  association;  and  the  right,  power  and  privilege  is  [are]  hereby 
granted  to,  conferred  upon  and  vested  in  them,  to  construct,  maintain,  and 
operate,  by  steam  or  other  power,  the  said  railroad  and  telegraph  line  men- 
tioned in  said  acts  of  Congress,  hereby  confirming  to  and  vesting  in  the  said 
company,  its  successors  and  assigns,  all  the  rights,  privileges,  franchises,  power 
and  authority  conferred  upon,  granted  to  or  vested  in  said  company  by  the 
said  acts  of  Congress  and  any  act  of  Congress  which  may  be  hereafter  enacted. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

SPANISH    TITLES. 

See  tits.  Land  Claims;  Lands. 

SQUIRRELS— GOPHERS. 

Various  acts  on  the  subject  of  destroying       aU    others    are    superseded    by    §  25    of    the 
these  animals  have  been  enacted.     Some  are       County  Government  Act. 
specifically  repealed,  and  it  is  believed  that  See  tit.  Animals. 

STALLIONS— REGULATIONS   FOR   KEEPING. 

The   statute  of  1871-2,   63,   has  been   carried  into   the  Penal  Code   by  Stats.    1905,   678    ch. 
DXVIII.       See    KERR'S     CYC.    PEN.     CODE    §  597g. 

STANFORD    UNIVERSITY. 
See  tit.  Leland  Stanford  Junior  University. 

STATE  AGRICULTURAL  SOCIETY. 

To  provide  for  the  management  and  control  of  the  State  Agricultural  Society 

of  the  state. 
(Stats.  1880,  49,  ch.  LX.) 

§  1.     The  State  Agricultural  Society  is  hereby  declared  to  be  a  state  insti- 
tution. 

§  2.     Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 


STATE    AGRICULTURAL    SOCIET V— MANAGEMKJiT    AND    CONTROL    OF.         1253 

twelve  resident  citizens  ot  the  state  who  shall,  when  organized,  constitute  a 
state  board  of  agriculture,  who  shall,  except  as  hereinafter  provided,  hold 
office  for  the  term  of  four  years,  and  until  their  successors  are  appointed  and 
qualified.  Vacancies  occurring  from  any  cause  in  the  board  shall  be  filled 
by  appointment  of  the  governor  for  the  unexpired  term  of  the  office  vacated. 

§  3.  Within  ten  daj^s  after  their  appointment,  the  persons  so  appointed 
shall  qualify,  as  required  by  the  constitution,  and  shall  meet  at  the  office  of  the 
State  Agricultural  Society  and  organize  by  the  election  of  one  of  their  number 
as  president  of  the  board  and  said  society,  who  shall  hold  said  office  of  presi- 
dent for  the  term  of  one  year,  and  until  his  successor  is  elected  and  qualified. 
The  board  shall  also  elect  a  secretary  and  treasurer,  not  of  their  number, 
who  shall  each  hold  office  at  the  discretion  of  the  board. 

§  4.  At  the  same  meeting  the  members  of  the  board  shall,  by  lot  or  other- 
wise, classify  themselves  into  four  classes  of  three  members  each.  The  terms 
of  office  of  the  first  class  shall  expire  at  the  end  of  the  first  fiscal  year ;  of  the 
second  class,  of  the  second  year ;  of  the  third  class,  of  the  third  year ;  of  the 
fourth  class,  at  the  end  of  the  full  term  of  four  years.  The  fiscal  year  shall 
be  from  the  first  of  February  to  the  first  of  February. 

§  5.  The  state  board  of  agriculture  shall  be  charged  with  the  exclusive 
management  and  control  of  the  State  Agricultural  Society  as  a  state  institu- 
tion; shall  have  possession  and  care  of _  its  property,  and  be  intrusted  with  the 
direction  of  its  entire  business  and  financial  affairs.  They  shall  define  the 
duties  of  the  secretary  and  treasurer,  fix  their  bonds  and  compensation,  and 
shall  have  power  to  make  all  necessary  changes  in  the  constitution  and  rules 
of  the  society;  to  adapt  the  same  to  the  provisions  of  this  act,  and  to  the 
management  of  the  society,  its  meetings,  and  exhibitions.  They  shall  pro- 
vide for  an  annual  fair  or  exhibition  by  the  society  of  all  the  industries  and 
industrial  products  of  the  state,  at  the  city  of  Sacramento;  provided,  that 
in  no  event  shall  the  state  be  liable  for  any  premium  awarded  or  debt  created 
by  said  board  of  agriculture, 

§  6.  The  board  shall  have  power  to  appoint  all  necessary  marshals  and 
police  to  keep  order  and  preserve  peace  at  the  annual  fairs  of  the  society,  and 
the  officers  so  appointed  shall  be  vested  with  the  same  authority  for  the  pres- 
ervation of  order  and  peace,  on  the  grounds  and  in  the  buildings  of  the  society, 
that  executive  peace  officers  are  vested  with  by  law. 

§  7,  Said  board  shall  use  all  suitable  means  to  collect  and  disseminate  all 
kinds  of  information  calculated  to  educate  and  benefit  the  industrial  classes, 
develop  the  resources,  and  advance  the  material  interests  of  the  state,  and 
shall,  on  or  before  the  first  day  of  February  of  each  year,  report  to  the  gov- 
ernor a  full  and  detailed  account  of  their  transactions,  statistics,  and  infor- 
mation gained,  and  also  a  full  financial  statement  of  all  funds  received  and 
disbursed.  They  shall  also  make  such  suggestions  and  recommendations  as 
experience  and  good  policy  may  dictate  for  the  improvement  and  advance- 
ment of  the  agricultural  and  kindred  industries. 

§  8.  The  superintendent  of  state  printing  shall,  each  year,  print  and  bind 
in  cloth  four  thousand  volumes  of  said  transactions,  and  deliver  the  same 
to  said  board  of  agriculture  for  distribution  and  exchange.     He  shall  also  do 


1256        STATE    AGRICULTURAIi    SOCIETY— MANAGEMENT    AND    CONTROL    OP. 

such  job  printing  as  said  board  may  require  to  carry  out  the  provisions  of 
this  act. 

§  9.  The  directors  or  boards  of  managers  of  each  county  and  district  agri- 
cultural society  or  association,  and  of  each  county,  district,  or  state  horti- 
cultural and  stockbreeding  association  or  society,  organized  and  acting  under 
the  laws  of  this  state,  shall  report  annually,  on  or  before  the  first  day  of 
April,  to  the  state  board  of  agriculture,  the  name  and  post-office  address 
of  each  officer  of  such  society  or  association;  and  on  or  before  the  first  day 
of  December  shall  report  to  said  board  of  agriculture  the  transactions  of  said 
society,  including  the  premiums  offered,  the  list  of  stock  and  articles  ex- 
hibited, and  the  premiums  paid;  the  amount  of  receipts  and  expenditures 
for  the  year,  the  new  industries  inaugurated,  and  any  and  all  facts  and 
statistics  showing  the  development  and  extent  of  the  industries,  products,  and 
resources  of  the  county  or  district  embraced  within  the  management  of  such 
society  or  association;  provided,  that  the  provisions  of  this  act  shall  not 
apply  to  any  board  of  commissioners  or  other  body  organized  under  the  laws 
of  this  state  the  object  of  which  is  to  promote  vinicultural  industries,  unless 
such  board  or  body  shall  voluntarily  request  the  privilege  of  making  such 
reports  as  are  called  for  by  this  act,  in  which  case  such  board  or  body  shall 
enjoy  equal  privileges  as  are  accorded  to  other  institutions  devoted  to  agri- 
culture. 

§10.  To  facilitate  such  reports,  the 'state  board  of  agriculture  shall  have 
prepared,  and  shall  furnish  such  societies  with  necessary  schedules  and  blanks 
for  such  reports,  and  said  state  board  shall  include  such  reports  from  societies 
and  associations,  or  so  much  thereof  as  they  may  deem  advisable,  in  their 
report  to  the  governor. 

§  11.  When  said  state  board  of  agriculture  shall  have  been  organized  and 
classified  as  provided  herein,  the  secretary  of  the  board  shall  report  such 
organization  and  classification  to  the  governor.  He  shall  also  report  any 
vacancy  that  may  occur  in  said  board  at  any  time. 

§  12.  All  laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby  re- 
pealed. 

Melvin   vs.   State,   121   Cal.    16,   19,    53    Pac.  was   amended   by   1858.    80.    ch.   XCVIII,    and 

Rep.    416;    People    ex    rel.    Finigan    vs.    Per-  by  1863,  50.  ch.  L.     A  supplemental  act  was 

kins,    85   Cal.   509,    26  Pac.   Rep.    245.  also   passed    (1863,    49,   ch.   XLIX;  also   1863, 

The    Agricultural    Society     was     first     or-  259,    ch.   CXCIX). 

ganized  under  Stats.  1854,  56,  ch.  LI,  which  See  next  following  statute, 

STATE  AGRICULTURAL  SOCIETY. 

An  act  making  an  appropriation  for  the  erection  and  construction  of  buildings 
and  equipping  the  fair  grounds  owned  by  or  under  the  jurisdiction  and 
control  of  the  California  State  Agricultural  Society,  for  exposition  and 
state  fair  purposes  and  for  the  payment  of  other  expenses  incidental  and  re- 
lating thereto,  prohibiting  gambling  of  all  kinds  upon  the  grounds  and 
premises  under  the  control  of  said  California  State  Agricultural  Society, 
and  providing  a  penalty  for  gambling  or  gaming  thereon,  and  providing 
that  certain  moneys  now  in  the  state  treasury  may  be  used  in  connection 
with  this  appropriation  for  such  purposes, 

(Stats,  1905,  793,  ch.  DXCV,) 


STATE  AGRICULTURAL   SOCIETY — APPROPRIATION  TO   ERECT   BUILDINGS.      1257 

§  1.  The  sum  of  sixty  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury,  not  otherwise  appropriated,  to  be  paid  to  the 
board  of  directors  of  the  California  State  Agricultural  Society  and  to  be 
expended  on,  in  and  about  the  fair  grounds  owned  by  or  under  the  jurisdic- 
tion and  control  of  the  California  State  Agricultural  Society  for  the  purpose 
of  equipping  the  said  fair  grounds  for  exposition  and  state  fair  uses  for  the 
purposes  hereinafter  specified:  For  the  construction  of  a  swine  exhibit  build- 
ing; the  construction  of  a  sheep  building;  the  construction  of  cattle  exhibit 
barns;  the  construction  of  exhibit  buildings  for  mules,  horses  and  ponies; 
the  construction  of  a  poultry  building;  the  construction  of  a  dairy  building; 
the  construction  of  carriage  sheds;  the  construction  of  a  main  fence  around  the 
grounds;  the  purchase  of  decomposed  granite  for  roads;  the  grading  of  roads; 
the  grading  and  filling  around  barns;  the  installation  of  a  water  system  and 
piping  the  grounds;  the  construction  of  a  steel  tower  and  of  a  barrel  tank; 
the  installation  of  a  sewerage  system ;  the  construction  of  an  implement  exhibit 
building;  painting  such  structures;  necessary  fees  of  architects  and  superin- 
tendents, foremen  and  workmen  and  for  the  payment  of  all  other  expenses 
appurtenant  to  the  carrying  out  of  this  act.  The  state  controller  is  hereby 
ordered  and  directed  to  draw  the  necessary  warrant  or  warrants  therefor, 
and  the  state  treasurer  is  hereby  directed  to  pay  the  same.  Provided  that,  if 
the  appropriation  made  by  this  act  shall  be  insufficient  to  provide  for  the 
erection  and  construction  of  all  the  buildings  hereinbefore  enumerated,  the 
board  of  directors  of  the  said  California  State  Agricultural  Society,  in  their 
discretion,  may  erect  and  construct  such  buildings  named  herein  as  in  their 
discretion  can  be  erected  and  constructed  by  the  appropriations  provided  for 
by  this  act. 

§  2.  No  contract  for  lumber,  iron,  machinery  or  material  to  be  used  for  the 
purposes  mentioned  in  section  one  of  this  act  shall  be  entered  into  by  the 
California  State  Agricultural  Society  until  publication  shall  be  made  in  at 
least  three  daily  newspapers,  two  of  said  newspapers  to  be  published  in  the 
city  and  county  of  San  Francisco,  and  one  in  the  city  of  Sacramento,  for  at 
least  twenty  days  prior  thereto,  inviting  bids  for  the  supplying  of  such 
material.  Such  bids  may  be  in  the  form  of  sealed  proposals,  shall  be  opened 
at  a  meeting  of  the  directors  of  such  society,  and  the  contract  shall  be  awarded 
to  the  lowest  responsible  bidder  for  supplying  of  such  material. 

§  3.  All  bids  for  material  and  for  the  construction  and  equipment  of  said 
works  shall  be  audited  by  the  said  board  of  directors  of  the  California  State 
Agricultural  Society  and  approved  by  the  state  board  of  examiners  before 
being  paid. 

§  4.  All  plans,  descriptions,  bills  of  material,  specifications  and  estimates 
necessary,  requisite,  proper  or  convenient  for  any  of  the  purposes  aforesaid, 
shall  receive  the  sanction  of  a  majority  of  the  directors  of  the  California  State 
Agricultural  Society  and  of  the  state  board  of  examiners.  The  directors  of 
the  California  State  Agricultural  Society  shall  cause  an  entry  to  be  made  in 
their  minutes  that  such  plans,  descriptions,  bills  of  material,  specifications 
and  estimates  have  been  approved.  It  shall  not  be  necessary  to  obtain  the 
approval  or  sanction  of  any  other  board,  officer  or  person  to  said  plans. 

§  5.     In  addition  to  the  appropriation  made  by  this  act,  the  board  of  direc- 


125S         STATE    AGRICULTURAL    SOCIETY — APPROPRIATION    FOR    BUILDINGS. 

tors  of  the  said  California  State  Agricultural  Society  are  hereby  authorized, 
and  empowered  to  use,  for  the  purpose  of  improving  the  said  fair  grounds, 
any  moneys  now  in  the  state  treasury  of  the  state  of  California  consisting  of 
the  residue  remaining  after  the  sale  by  the  California  State  Agricultural 
Society  of  its  real  estate,  or  any  portion  thereof,  conformably  to  the  terms  and 
provisions  of  an  act  entitled  "An  act  to  authorize  state  agricultural  societies 
under  the  control  of  the  state,  to  sell  property  held  b}^  them  in  fee,  or  held 
by  trustees  for  their  use,  or  in  which  they  may  have  any  interest,  to  pre- 
scribe a  course  of  procedure  therefor,  to  indemnify  purchasers  at  such  sale, 
and  to  direct  how  the  proceeds  shall  be  applied,"  approved  February  twenty- 
fifth,  eighteen  hundred  and  ninety-seven,  and  'any  other  act  amendatory 
thereof  or  supplemental  thereto,  and  paid  into  said  state  treasury  pursuant 
to  the  terms  of  said  act  or  acts.  The  said  residue  shall  be  paid  to  the  directors 
of  the  California  State  Agricultural  Society  in  the  same  manner  as  in  section 
one  of  this  act  provided,  and  the  state  controller  is  hereby  ordered  and  directed 
to  draw  the  necessary  warrants  therefor,  and  the  state  treasurer  is  hereby 
directed  to  pay  the  same, 

§  6.  The  board  of  directors,  officers  and  employees  of  the  California  State 
Agricultural  Society  are  hereby  prohibited  from  permitting  any  person  or 
persons,  or  any  corporation,  within  the  grounds  or  premises  owned  by  or 
under  the  control  of  the  said  California  State  Agricultural  Society,  to  sell, 
or  offer  for  sale,  buy,  or  offer  to  buy,  issue,  or  offer  to  issue,  or  in  any  man- 
ner dispose  of,  purchase,  or  acquire  any  interest  in  any  pool,  or  in  any  pool 
ticket,  certificate,  writing,  or  other  evidence  of  payment,  acceptance  or  de- 
posit of  money,  or  other  thing  of  value,  staked  upon  the  result  of  any  running, 
pacing  or  trotting  race  or  contest  between  horses,  mares  or  geldings,  or  to 
make  any  bet  or  hazard  on  the  result  of  such  race  or  contest,  or  to  act  as 
a  stakeholder  of  any  bet  or  hazard  laid  on  the  result  of  any  such  race  or  con- 
test, or  to  receive  or  pay  over  any  money  or  article  or  thing  of  value,  the 
ownership  or  right  to  possession  of  which  has  been,  is,  or  is  to  be  determined 
by  any  such  race  or  contest,  or  to  permit  any  gambling  or  gaming  prohibited 
by  section  three  hundred  and  thirty  of  the  Penal  Code  of  the  state  of  Cali- 
fornia. And  every  person,  officer  and  employee  of  said  board  of  directors  of 
the  California  State  Agricultural  Society  permitting  any  of  the  acts  herein 
prohibited,  and  every  person  who  shall,  within  the  confines  of  the  land  and 
premises  of  the  said  California  State  Agricultural  Society,  sell,  or  offer  to 
sell,  buy,  or  offer  to  buy,  issue,  or  offer  to  issue,  or  in  any  manner  dispose  of, 
purchase  or  acquire  any  interest  in  any  pool,  or  in  any  pool  ticket,  certificate, 
writing,  or  other  evidence  of  payment,  acceptance  or  deposit  of  money,  or 
other  thing  of  value,  staked  upon  the  result  of  any  running,  pacing  or  trot- 
ting race  or  contest  between  horses,  mares  or  geldings,  or  to  make  any  bet 
or  hazard  on  the  result  of  such  race  or  contest,  or  to  act  as  a  stakeholder  of 
any  bet  or  hazard  laid  on  the  result  of  any  such  race  or  contest,  or  receive 
or  pay  over  any  money  or  article  or  thing  of  value,  the  ownership  or  right 
to  possession  of  which  has  been,  is,  or  is  to  be  determined  by  any  such  race 
or  contest,  or  to  permit  any  gambling  or  gaming  prohibited  by  section  three 
hundred  and  thirty  of  the  Penal  Code  of  the  state  of  California,  is  guilty 
of  a  misdemeanor  and  shall  be  punishable  by  a  fine  of  not  less  than  one  hun- 


STATE    ANALYST— MINERALS,    WATERS,    AND    LIQUDS.  1359 

drecl  dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months. 

§  7.  Of  the  sum  of  money  appropriated  by  section  one  of  this  act,  the  sum 
of  sixty  thousand  dollars  shall  not  be  payable  to  the  said  directors  of  the 
California  State  Agricultural  Society,  and  the  appropriation  therefor  shall 
not  be  available  until  the  first  day  of  July,  nineteen  hundred  and  five. 

§  8.  All  acts  and  parts  of  acts,  in  conflict  with  this  act,  are  hereby  re- 
pealed. 

§  9.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

STATE    ANALYST— MINERALS,    WATERS,    ETC. 

To  provide  for  analyzing  the  minerals,  mineral  waters,  and  other  liquids,  and 
the  medicinal  plants  of  the  state  of  California,  and  of  foods  and  drugs,  to 
prevent  the  adulteration  of  the  same. 

(Stats.  1885,  43,  ch.  XXXVIII.) 

§  1.  The  governor  of  the  state  of  California  shall  appoint  one  of  the  pro- 
fessors of  the  State  University  of  California,  of  sufficient  competence,  knowl- 
edge, skill,  and  experience,  as  state  analyst,  whose  duty  it  shall  be  to  analyze 
all  articles  of  food,  drugs,  medicines,  medicinal  plants,  minerals,  and  mineral 
waters,  and  other  liquids  or  solids  which  shall  be  manufactured,  sold,  or  used 
within  this  state,  when  submitted  to  him,  as  hereinafter  provided. 

§  2.  The  state  board  of  health  and  vital  statistics,  or  medical  officers  of 
health  of  any  city,  town,  or  of  any  city  and  county,  or  county,  may,  at  the 
cost  of  their  respective  boards  or  corporations,  purchase  a  sample  of  any  food, 
drugs,  medicines,  medicinal  plants,  mineral  waters,  or  other  liquids  offered  for 
sale  in  any  town,  village,  or  city  in  this  state,  and  submit  the  same  to  the  state 
analyst  as  hereinafter  provided;  and  said  analyst  shall,  upon  receiving  such 
article  duly  submitted  to  him,  forthwith  analyze  the  same,  and  give  a  certified 
certificate  to  the  secretary  of  the  state  board  of  health  submitting  the  same, 
wherein  he  shall  fully  specify  the  result  of  the  analysis;  and  the  certificate 
of  the  state  analyst  shall  be  held  in  all  the  courts  of  this  state  as  prima  facie 
evidence  of  the  properties  of  the  articles  analyzed  by  him. 

§  3.  Any  person  desiring  an  analysis  of  any  food,  drug,  medicine,  medicinal 
plant,  soil,  mineral  water,  or  other  liquid,  shall  submit  the  same  to  the  secre- 
tary of  the  state  board  of  health,  together  with  a  written  statement  of  the 
circuuLstances  under  which  he  procured  the  article  to  be  analyzed,  which  state- 
ment must,  if  required  by  him,  be  verified  by  oath,  and  it  shall  be  the  duty  of 
the  secretary  of  the  state  board  of  health  to  transmit  the  same  to  the  state 
analyst,  the  expenses  thereof  to  be  defrayed  by  the  said  board. 

§  4.  The  state  analyst  shall  report  to  the  state  board  of  health  the  number 
of  all  the  articles  analyzed,  and  shall  specify  the  results  thereof,  to  said  board 
annually,  with  full  statement  of  all  the  articles  analyzed,  and  by  whom  sub- 
mitted. 

§  5.  The  state  board  of  health  may  submit  to  the  state  analyst  any  samples 
of  food,  drugs,  medicines,  medicinal  plants,  mineral  waters,  or  other  liquids, 
for  analysis,  as  hereinbefore  provided. 


1360  STATE    ANALYST — STATE    BOARD    OF    EXAMINERS. 

§  6,  It  shall  be  competent  for  the  mineralogist  of  the  state  of  California 
to  submit  to  the  state  analyst  any  minerals  of  which  he  desires  an  analysis  to 
be  made ;  provided,  that  the  cost  of  the  same  shall  be  defrayed  by  the  minera- 
logieal  bureau. 

§  7.  The  board  of  state  viticultural  commissioners  shall  have  the  same 
privileges  as  are  provided  for  the  state  board  of  health  under  this  act  with, 
respect  to  samples  of  wines  and  grape  spirits,  and  of  all  liquids  and  com- 
pounds in  imitation  thereof,  and  any  person  or  persons  desiring  analyses  of 
such  products  shall  submit  the  same  to  the  secretary  of  the  said  board  of  state 
viticultural  commissioners,  and  the  same  shall  be  transmitted  to  the  state 
analyst,  in  the  manner  prescribed  in  section  three  of  this  act.  The  analyses 
shall  be  made,  and  the  certificates  of  the  state  analyst  shall  be  forwarded  to- 
the  secretary  of  the  said  board  of  state  viticultural  commissioners,  and  shall 
have  the  same  force  and  effect  as  provided  for  in  section  two  of  this  act,  with, 
respect  to  analyses  made  for  the  state  board  of  health. 

STATE  ARCHIVES. 

See  tit.  Secretary  of  State. 

STATE   ASYLUMS. 

See  tits.  State  Hospitals;  Insane. 

STATE    BOARD    OF    AGRICULTURE. 

See  tit.  State  Agricultural  Society. 

STATE    BOARD    OF    EXAMINERS. 

To  provide  for  the  purchase  of  certain  supplies  for  state  officers  and  members 

of  the  legislature. 

(Stats.  1875-6,  314,  ch.  CCXLV.) 

§  1.  The  state  board  of  examiners  is  hereby  constituted  ex  officio  a  fur- 
nishing board,  with  the  powers  and  duties  hereinafter  specified. 

§  2.  It  shall  be  the  duty  of  said  board,  as  often  as  it  shall  become  neces- 
sary, to  advertise  for  twenty  days  in  two  daily  newspapers  published  in  the 
city  of  San  Francisco,  and  one  daily  newspaper  published  in  the  city  of  Sac- 
ramento, for  sealed  proposals  to  furnish  stationery,  blank-books,  material  for 
lights,  fuel,  and  such  other  articles  necessary  for  the  use  of  said  state  and 
legislative  officers  as  are  entitled  thereto,  or  any  of  them;  and  said  board 
shall  specify  in  said  advertisement  the  amount  and  kinds  of  each  article 
desired,  samples  or  minute  descriptions  of  which  shall  accompany  and  be  de- 
posited, with  the  sealed  proposals  for  furnishing  the  same,  in  the  office  of  the 
secretary  of  state;  and  all  proposals  received  as  aforesaid  shall  be  opened 
and  compared  by  said  board,  any  two  of  whom  shall  constitute  a  quorum,  at 
the  governor's  office,  at  twelve  o'clock  meridian  of  the  day  specified  in  the 
said  advertisement;  and  the  said  board  shall  then  and  there  award  the  con- 
tract for  furnishing  said  supplies,  or  any  of  them,  to  the  lowest  bidder,  whose 
sealed  bid  shall  be  accompanied  by  a  bond  with  two  or  more  sureties,  in  the 

sum  of  $ ,  the  sum  to  be  not  less  than  twice  the  amount  of  the 

value  of  the  articles  to  be  supplied,  payable  to  the  people  of  the  state  of  Cali- 


STATE    BOARD    OP    EXAMINERS — SUPPLIES    FOR    LEGISLATURE.  1261 

fornia,  conditioned  that  if  the  bidder  shall  receive  the  award  of  said  contract 
he  will,  in  ten  days  thereafter,  deliver  the  supplies  or  articles  for  which  he  has 
been  awarded  the  contract;  provided,  that  in  their  said  advertisement  said 
board  may  classify  said  supplies  and  articles,  and  may  receive  bids  and  award 
contracts  for  such  separate  articles  or  class  of  supplies  as  they  shall  deem 
the  lowest  and  best;  provided  further,  that  said  board  may  require  any  class 
or  articles  of  said  supplies  to  be  delivered  in  instalments,  and  pay  for  on 
delivery;  provided  further,  that  any  and  all  bids  which  shall  be  deemed  too 
high  by  said  board,  may  be  declined,  in  which  case  said  board  shall  again 
advertise  for  sealed  proposals  to  furnish  the  classes  or  articles  of  supply  so 
declined,  and  so  on  for  the  same  cause,  as  often  as  it  shall  occur ;  and  provided 
further,  that  in  such  case,  said  board  may  purchase  any  articles  or  supplies 
for  which  bids  have  been  rejected  as  aforesaid,  in  open  market,  and  in  amounts, 
sufficient  for  immediate  necessities,  but  at  prices  not  exceeding  the  lowest 
prices  in  the  bids  rejected. 

§  3.  It  shall  be  the  duty  of  the  secretary  of  state,  immediately  after  the 
passage  of  this  act,  to  take  a  full  and  complete  inventory  of  all  stationery, 
blank-books,  and  other  articles  and  supplies  aforesaid,  then  on  hand,  and  enter 
the  same  in  a  set  of  books  to  be  kept  for  that  purpose,  making  a  separate 
account  for  each  class  of  articles ;  and  in  like  manner  he  shall  enter  in  said 
books  a  detailed  and  classified  account  of  all  purchases  of  articles  and  supplies 
authorized  by  this  act,  showing  the  amount  and  cost  of  each  article  and  class 
of  supplies  purchased,  the  amount  and  cost  of  each  class  issued,  amount  and 
oost  of  each  article  and  class  issued  to  each  state  officer  and  member  of  the 
legislature,  and  amount  and  cost  of  each  article  and  class  on  hand.  He  shall 
issue  the  supplies  aforesaid  only  upon  the  requisition  of  the  proper  officer,  and 
shall  take  a  receipt  for  the  same  upon  delivery,  which  requisition  and  receipt 
shall  be  filed  and  preserved  in  his  office. 

§  4.  It  shall  be  the  duty  of  said  board,  at  the  end  of  each  fiscal  year,  and 
at  such  other  times  as  they  shall  deem  necessary,  to  cause  an  inventory  to  be 
taken  of  all  the  articles  and  classes  of  said  supplies  on  hand  and  contracted 
for,  and  to  make  an  examination  of  the  amounts  and  vouchers  appertaining  to 
the  same. 

§  5.  It  shall  be  the  duty  of  said  board,  at  least  one  month  previous  to  the 
assembling  of  each  legislature,  to  advertise,  in  accordance  with  section  two 
of  this  act,  for  a  supply  of  stationery,  fuel,  and  such  other  articles  as  shall 
be  sufficient  for  the  use  of  the  state  officers  and  members  of  the  legislature, . 
or  necessary  for  the  public  service,  and  at  the  commencement  of  each  session 
said  board  shall  report  to  the  legislature  a  full  account  of  their  receipts  and 
expenditures,  and  stock  of  supplies  on  hand. 

§  6.  The  actual  expenses  incurred  by  said  board  in  executing  the  powers 
and  discharging  the  duties  prescribed  and  imposed  in  this  act,  w^hen  certified 
by  them,  shall  be  audited  by  the  controller,  and  paid  by  the  treasurer  of  said 
state  out  of  any  money  which  shall  have  been  appropriated  for  that  purpose; 
provided,  nothing  in  this  act  shall  be  construed  as  allowing  salary  or  com- 
pensation to  said  furnishing  board  for  any  service  performed  as  such  board. 

§  7.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 


1262  STATE    BOARD    OF    EXAMINERS — FORESTS — APPROPRIATION    FOR. 

The  board  of  examiners  had  its  inception  various    other    statutes,  —  as    under   §§    4,    5, 

under    the    Act    of    1858     (Stats.    1858,    212).  and  6  of  Stats.  1880,  48,  relating  to  orphans, 

Since    the    codes,    it    is    governed    cliiefly    by  etc.;    §215    of    the    County    Government    Act 

§S  470-472,  553,  654-685  of  the  Political  Code.  of     1897,     sheriff's     charges     for     conveying 

— See    Ingram   vs.    Colgan,    106    Cal.    113-128,  prisoners  and   insane  persons;  §  5   of  Act  of 

46  Am.  St.  Rep.  221,   38  Pac.  Rep.  315,  39  Id.  1871-2,  118,  cancelation  of  uncalled-for  state 

437,   28  Li.  R.  A.  187.  warrants;  and  under  the  general  appropria- 

An  Act   of   1871-2    (Stats.    1871-2,    54),    di-  tion  acts  of  recent  years, 

recting  this  board  to  invest  moneys  derived  Stale    debt. — Creation    of    debts    in    excess 

from    sales    of   state    school    lands,    was    re-  of  appropriations;  and  see  next  two  follow- 

pealed    by    Stats.     1883,     25,    but    the    same  ing  statutes. 

subject-matter    is    now    covered    by    §§680,  Under  the  Stats.  1880,  13,  making  an  ap- 

681,     Political    Code,    as    amended    in     1883  propriation   for    orphans,   half-orphans,    etc., 

(Stats.    1883,    26)    and    1903    (Stats.    1903,    42,  and    duties    of    board    of    examiners.  —  Sea 

406).  County   San   Luis   Obispo  vs.   Gage,   139   Cal. 

Duties  are  imposed  upon  this  board  under  398,   400,   73   Pac.   Rep.   174. 

STATE    BOARD    OF    EXAMINERS— FORESTS. 

To  appropriate  one  hundred  thousand  dollars  from  any  moneys  hereafter 
collected  and  received  by  the  state  of  California  from  the  United  States 
in  payment  of  the  claims  of  this  state  arising  out  of  the  Indian  and  Civil 
wars,  to  be  expended  in  the  acquisition,  preservation,  and  protection  of 
the  forests  of  this  state ;  creating  the  state  board  of  examiners  a  commis- 
sion to  carry  this  act  into  effect  and  for  the  disbursement  of  said  moneys, 
and  creating  the  "State  Forestry  Fund." 

(Stats.  1905,  183,  ch.  CLXXXVII.) 

§  1.  From  the  moneys  hereafter  collected  and  received  by  the  state  of 
California  from  the  United  States  in  payment  of  the  claims  of  this  state  aris- 
ing out  of  the  Indian  and  Civil  wars,  there  is  hereby  appropriated  the  sum  [of] 
one  hundred  thousand  dollars  which  shall  be  set  aside  and  covered  into  the 
' '  State  Forestry  Fund, ' '  which  fund  is  hereby  created,  and  which  moneys  shall 
be  devoted  by  the  state  of  California  for  the  acquisition,  preservation  and 
protection  of  the  forests  within  the  state,  and  to  the  interests  of  scientific 
forestry  generally  within  the  state. 

§  2.  The  state  board  of  examiners  shall  constitute  a  commission  for  the 
carrying  into  effect  the  provisions  of  this  act,  and  is  hereby  authorized  to 
expend  such  moneys  in  such  manner  and  for  such  purposes  within  the  purview 
of  this  act  as  it  shall  deem  advisable,  and  for  that  purpose  shall  audit  all 
claims  and  demands  arising  hereunder,  and  the  controller  is  hereby  directed 
to  draw  his  warrants  for  the  amounts  as  the  same  may  become  due  and 
payable  and  the  treasurer  of  the  state  is  directed  to  pay  such  warrants. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

STATE    BOARD    OF    EXAMINERS. 

Prescribing  certain   duties   to   be   performed  by   the   state   controller,   state 

treasurer,  and  state  board  of  examiners. 

(Stats.  1871-2,  118,  ch.  CXVII.) 

§  1.  The  state  controller  shall  furnish  to  the  state  treasurer,  on  the  tenth, 
twentieth,  and  last  days  of  each  month,  and  when  either  of  these  days  falls 
upon  a  day  on  which  the  state  controller  is  not  required  to  keep  his  office 
open  for  the  transaction  of  business,  then  upon  the  day  immediately  preceding 
the  days  herein  mentioned,  with  a  report  of  all  warrants  drawn  by  him  upon 


STATE   BOARD   OP  EXAMINERS — PRESCRIBING   DUTIES   FOR   OFFICERS.        1203 

the  treasurer  since  the  date  of  his  last  report.  Such  report  shall  show  the 
number,  date,  and  amount  of  each  warrant,  to  whom  issued,  and  the  fund  out 
of  which  it  is  payable.  From  the  report  so  furnished  by  the  controller,  the 
state  treasurer  shall  make  a  register  of  warrants,  and  shall  pay  all  warrants 
in  the  order  in  which  they  are  drawn  by  the  controller. 

§  2.  Upon  the  last  day  of  each  month,  except  when  such  last  day  falls  upon 
a  day  on  which  the  state  treasurer  is  not  required  by  law  to  keep  his  office  open 
for  the  transaction  of  business,  then  upon  the  day  immediately  preceding  such 
last  day,  the  state  treasurer  shall  furnish  the  state  controller  with  a  list  of  all 
warrants  paid  by  him  since  the  date  on  which  his  last  list  was  furnished.  Such 
list  shall  contain  the  number,  date,  and  amount  of  each  warrant,  and  the  fund 
out  of  which  the  same  was  paid. 

§  3,  Immediately  after  the  passage  of  this  act,  it  shall  be  the  duty  of  the 
state  controller  and  state  treasurer,  under  the  supervision  of  the  governor, 
to  ascertain  the  numbers,  dates,  and  amounts  of  the  several  warrants  drawn 
by  the  controller,  and  then  unpaid  by  the  treasurer,  and  to  adjust  the  balances 
in  the  several  funds  of  the  state  treasurer  upon  the  books  of  the  controller 
and  treasurer  in  accordance  with  the  sums  found  to  the  credit  of  each  on  the 
books  of  the  controller,  and  the  warrants  found  to  be  outstanding  and  not 
paid  by  the  treasurer. 

§  4.  When  the  balances  in  the  several  funds  of  the  state  treasury  shall  be 
adjusted  as  provided  for  in  the  next  preceding  section,  the  state  board  of 
examiners  shall  count  the  money  in  the  state  treasury,  and  compare  the  amount 
with  the  amount  found  to  be  in  all  the  funds  of  the  state  treasury  by  the  books 
of  the  state  controller,  and  upon  the  first  business  day  of  each  month  thereafter, 
the  state  controller  shall  furnish  the  state  board  of  examiners  with  a  state- 
ment of  the  amount  of  money  in  each  fund  of  the  state  treasury,  and  the  total 
amount  as  the  same  appears  upon  the  boolis  of  his  office,  together  with  a  list  of 
warrants  issued  by  him  but  not  paid  by  the  state  treasurer,  and  for  the  payment 
of  which  there  is  money  in  the  state  treasury.  Upon  the  receipt  of  such  state- 
ment from  the  controller,  the  state  board  of  examiners  shall  proceed  to  count 
the  money  in  the  state  treasury,  and  compare  the  amount  with  the  amount 
named  in  the  statement  of  the  controller. 

§  5.  Whenever  any  warrant  issued  by  the  sjate  controller  shall  remain  in 
his  office  uncalled  for  by  the  owner  thereof  for  the  period  of  one  year  after 
such  warrant  has  become  payable,  it  shall  be  the  duty  of  the  controller  and 
treasurer,  in  the  presence  of  the  state  board  of  examiners,  to  cancel  the  same ; 
and  whenever  any  warrant,  delivered  to  the  owner  thereof  by  the  controller, 
but  not  presented  to  the  state  treasurer  for  payment  for  a  period  of  one  year 
after  such  warrant  has  become  payable,  said  warrant  shall  be  deemed  to  be 
canceled,  and  the  treasurer  shall  in  the  presence  of  the  controller  and  state 
board  of  examiners,  write  the  word  "Canceled"  opposite  the  entry  of  such 
warrant  in  his  registry  of  warrants  provided  for  in  the  first  section  of  this 
act.  The  word  "Canceled"  shall  also  be  written  by  the  state  controller  oppo- 
site the  entry  in  the  warrant  register  in  his  office  of  all  warrants  required  to 
be  canceled  by  this  act.  The  amounts  of  all  warrants  canceled  under  the  pro- 
visions of  this  act  .shall  revert  to  the  fund  in  the  state  treasury  against  which 
said  warrants  were  drawn,  and  shall  be  entered  upon  the  books  of  the  con- 


1304        STATE  BOARD   OF  EXABIINERS — PRESCRIBING  DUTIES  FOR   OFFICERS. 

troller  to  the  credit  of  such  fund,  in  the  same  manner  as  other  moneys  paid 
into  the  state  treasury. 

§  6.  The  controller  and  treasurer  shall  each  keep  a  register  of  warrants  can- 
celed under  this  act,  in  which  shall  be  entered  the  number,  date,  and  amount  of 
the  warrant,  the  name  of  the  person  in  whose  favor  it  was  drawn,  the  fund  out 
of  which  it  was  payable,  and  the  date  of  cancelation.  Whenever  the  owner  of  any 
warrant  canceled  under  the  provisions  of  this  act  demands  such  warrant  from 
the  controller,  it  shall  be  the  duty  of  the  controller  to  issue  a  new  warrant  for  the 
same  amount,  in  the  name  of  the  same  person,  and  payable  out  of  the  same  fund 
as  the  warrant  canceled ;  and  in  case  where  a  warrant  issued  by  the  controller, 
but  not  paid  by  the  treasurer,  has  been  canceled,  and  the  owner  or  holder  thereof 
presents  the  same  for  payment,  it  shall  be  the  duty  of  the  state  controller  to  draw 
a  new  warrant  therefor,  in  the  name  of  the  same  person,  for  the  same  amount,  and 
payable  out  of  the  same  fund  as  the  original  warrant,  and  such  oi'iginal  warrant 
shall  thereupon  be  canceled  by  him  and  retained  in  his  office  as  his  voucher  for 
issuing  such  new  warrant.  In  all  cases  where  a  warrant  shall  be  issued  in  lieu 
of  one  canceled,  the  word  "Duplicate"  shall  be  plainly  written  or  printed  across 
the  face  thereof,  in  red  ink,  by  the  controller,  and  the  issue  thereof  noted  on  the 
registry  of  canceled  warrants  kept  in  his  office,  and  when  any  such  duplicate  war- 
rant is  paid  by  the  state  treasurer,  he  shall  note  the  payment  thereof  on  the 
registry  of  canceled  warrants  kept  in  his  office. 

§  7.  Whenever  the  interest  coupons  attached  to  any  registered  bond  of  this 
state  issued  under  either  of  the  following  named  acts,  to  wit :  An  act  to  provide 
for  paying  certain  equitable  claims  against  the  state  of  California,  and  to  con- 
tract a  funded  debt  for  that  purpose,  approved  April  twenty-eighth,  eighteen 
hundred  and  fifty-seven ;  an  act  to  amend  an  act  entitled,  an  act  to  provide  for 
paying  certain  equitable  claims  against  the  state  of  California,  and  to  contract  a 
funded  debt  for  that  purpose,  approved  April  twenty-eighth,  eighteen  hundred 
and  fifty-seven,  approved  April  twenty-seventh,  eighteen  hundred  and  sixty; 
an  act  for  the  relief  of  the  enlisted  men  of  the  California  volunteers  in  the  service 
of  the  United  States,  approved  April  twenty-seventh,  eighteen  hundred  and 
sixty-three ;  an  act  granting  bounties  to  the  volunteers  of  this  state,  enlisted  in 
the  service  of  the  United  States,  for  issuing  bonds  to  provide  funds  for  the  pay- 
ment of  the  same,  and  to  levy  a  tax  to  pay  such  bonds,  approved  April  fourth, 
eighteen  hundred  and  sixty-four;  and  an  act  authorizing  the  issuance  of  state 
bonds  to  the  amount  of  two  hundred  and  fifty  thousand  dollars,  to  be  known  as 
state  capitol  bonds,  approved  April  fourth,  eighteen  hundred  and  seventy— shall 
not  be  presented  to  the  state  treasurer  for  payment  for  a  period  of  one  year 
after  such  coupon  has  become  due  and  payable,  it  shall  be  the  duty  of  the  state 
treasurer  to  furnish  the  state  controller  and  state  board  of  examiners  each  with 
a  list  of  such  coupons  not  presented  for  payment,  with  the  amount  thereof,  where- 
upon the  state  controller  shall  order  the  treasurer  to  place  the  money  held  by  him 
for  the  payment  of  such  coupons  into  the  general  fund  of  the  state  treasury,  and 
the  amount  so  ordered  into  the  general  fund  shall  be  placed  to  the  credit  of  said 
fund  on  the  books  of  the  controller  and  treasurer  in  the  same  manner  as  other 
moneys  paid  into  the  state  treasury. 

§  8.  Whenever  any  of  the  interest  coupons  mentioned  in  the  seventh  section 
of  this  act  are  presented  for  payment,  after  the  money  to  pay  the  same  has  been 


STATE  BOARD   OF  EXAMINERS— STATE   BOARD   OF   HEALTH — ANTITOXIN.      1265 

transferred  to  the  general  fund,  such  coupons  shall  be  presented  to  the  state 
board  of  examiners,  which  board  shall  audit  and  allow  them  out  of  the  general 
fund  of  the  state  treasury,  and  shall  transmit  a  voucher  to  the  state  controller 
upon  which  to  draw  his  warrant  upon  the  state  treasurer.  Upon  the  presentation 
of  such  warrant  and  the  surrender  to  him  of  the  coupons  for  the  payment  of 
which  the  said  warrant  is  drawn,  the  state  treasurer  shall  pay  the  same  out  of 
the  general  fund. 

§  9.  Immediately  after  the  passage  of  this  act  the  state  board  of  examiners 
shall  examine  the  books  in  the  state  treasurer's  office  in  which  are  pasted  the 
coupons  of  the  registered  bonds  of  the  state  paid  by  him,  and  shall  require  the 
state  treasurer  to  make  out  a  list  of  all  the  coupons  not  found  therein,  as  pro- 
vided for  in  section  seven  of  this  act,  and  the  money  held  by  him  for  the  pay- 
ment thereof  shall  be  placed  in  the  general  fund,  as  provided  in  this  act. 

§  10.     This  act  shall  take  effect  from  and  after  its  passage. 

STATE   BOARD   OF   EXAMINERS. 

Authorizing  the  state  board  of  examiners  to  sell  old  furniture  and  all  material 

belonging  to  the  state  and  not  required  for  public  use. 

(Stats.  1891,  452,  ch.  CCXXXV.) 

§  1.  The  state  board  of  examiners  are  hereby  authorized  to  sell,  when  in  their 
judgment  they  deem  it  advisable,  the  old  furniture  and  all  other  useless  material 
belonging  to  the  state  and  not  required  for  state  purposes,  and  pay  the  proceeds 
thereof  into  the  state  treasury  to  the  credit  of  the  general  fund. 

§  2.     This  act  shall  take  effect  immediately. 

Employees    in   office   of. — See   KERR'S    CYC.  POL.  CODE  §§  684,   685. 

STATE  BOARD  OF  HEALTH— ANTITOXIN. 

To  authorize  the  state  board  of  health  to  purchase  and  manufacture  diphtheria 

antitoxin,  and  to  appropriate  six  thousand  dollars  therefor. 

(Stats.  1895,  45,  ch.  XXXIX.) 

§  1.  The  state  board  of  health  is  hereby  authorized  to  procure,  manufacture, 
and  distribute,  through  some  department  of  the  state  university,  the  medicinal 
substance  known  as  diphtheria  antitoxin. 

§  2.  The  sum  of  six  thousand  dollars  is  hereby  appropriated  out  of  the  general 
fund,  to  be  expended  under  the  direction  of  the  state  board  of  health,  for  the 
procurement,  preparation,  -and  distribution  of  diphtheria  antitoxin  under  the 
supervision  of  said  state  board  of  health. 

§  3.     This  act  to  take  effect  immediately. 

See    tits.    Analyst — State;    Health — Public;  Quarantine. 

STATE  BOARD  OF  HEALTH— ATTORNEY. 

To  create  the  office  of  attorney  for  the  state  board  of  health  and  the  board  of 

health  of  the  city  and  county  of  San  Francisco. 

(Stats.  1891,  209,  ch.  CXLVIII.) 

§  1.  The  office  of  attorney  for  the  state  board  of  health  and  the  board  of 
health  of  the  city  and  county  of  San  Francisco  is  hereby  created ;  such  attorney 

Gen.  Laws — SO 


1266  STATE    BOAKD    OF    HEALTH — ATTORNEY— HYGIENIC    LABORATORY. 

shall  be  appointed  by  the  governor,  and  shall  hold  his  office  as  such  attorney  for 
the  term  of  four  years,  and  until  his  successor  is  elected  and  qualified. 

§  2.  It  shall  be  the  duty  of  such  attorney  to  act  for  and  represent  the  state 
board  of  health  and  the  board  of  health  of  the  city  and  county  of  San  Francisco 
in  all  legal  matters  which  may  require  their  attention  as  such  boards  of  health, 
and  to  specially  represent  and  act  for  and  in  co-operation  with  said  boards  of 
health,  when  required  by  them,  in  the  prevention  of  all  acts  and  things  which, 
in  the  judgment  of  said  boards  of  health,  or  either  of  them,  may  have  a  tendency 
to  be  detrimental  to  the  health  of  the  people  of  the  state;  and  in  such  other 
matters  pertaining  to  the  health  of  the  state  in  general  and  the  duties  of  said 
boards  of  health,  to  assist  and  aid  them  with  his  advice,  and  to  represent  and 
act  for  them  in  court. 

§  3.  The  salary  of  such  attorney  shall  be  three  thou.sand  dollars  per  annum, 
and  shall  be  paid  out  of  the  state  trea.sury,  upon  warrants  drawn  by  the  con- 
troller, in  the  same  manner  as  the  salaries  of  other  state  officers  are  paid. 

§  4.    All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

People   ex  rel.   Spencer  vs.    Knight,    116   Cal.    108,    109,    47    Pac.    Rep.    925. 

STATE    BOARD    OF    HEALTH— HYGIENIC    LABORATORY. 

To  establish  and  maintain  a  state  hygienic  laboratory  for  bacteriological  and 
chemical  analyses  for  the  use  of  the  state  board  of  health,  providing  for  the 
appointment  of  a  director  thereof,  and  assistants ;  making  an  appropriation 
therefor  and  prescribing  the  duties  of  the  state  controller  and  state  treasurer 
in  relation  thereto. 

(Stats.  1905,  209,  ch.  CCXXIIL) 

§  1.  There  shall  be  established  and  maintained  at  the  University  of  California 
at  Berkeley,  for  the  use  of  the  state  board  of  health,  a  state  hygienic  laboratory 
for  bacteriological  and  chemical  analyses,  which  shall  be  under  the  management 
of  the  state  board  of  health. 

§  2.  The  regents  of  the  University  of  California  shall  from  the  money  hereby 
appropriated,  purchase  suitable  equipments,  apparatus,  chemicals  and  supplies 
for  the  maintenance  of  such  laboratory  in  the  existing  laboratories  of  the  Uni- 
versity of  California  at  Berkeley. 

§  3.  The  regents  of  the  University  of  California  shall  appoint  a  director  of 
said  laboratory  from  the  existing  instructing  staff  of  the  university.  Said  di- 
rector shall  be  a  skilled  bacteriologist  and  chemist  and  shall  have  general  super- 
vision of  the  performance  of  all  duties  required  by  the  state  board  of  health. 
The  regents  of  the  University  of  California  shall  appoint  one  or  more  assistants, 
whose  time  shall  be  exclusively  devoted  to  the  work  designated  by  the  state  board 
of  health,  under  the  supervision  of  the  director  of  the  laboratory. 

§  4.  The  sum  of  four  thousand  dollars  ($4,000)  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated,  for  salaries  and 
for  the  purchase  of  equipment,  apparatus,  chemicals  and  supplies  for  the  main- 
tenance of  said  laboratory,  and  of  the  office  expenses  in  connection  with  the  same. 
Of  the  amount  herein  appropriated,  the  sum  of  two  thousand  dollars  ($2,000) 


STATE   BOARD   OP   HEALTH — POLLUTIOIV    OF   WATER   AND    ICE.  1267 

shall  be  available  during  the  fiscal  year  nineteen  hundred  and  five  and  nineteen 
hundred  and  six;  and  two  thousand  dollars  ($2,000)  during  the  fiscal  year  nine- 
teen hundred  and  six  and  nineteen  hundred  and  seven. 

§  5.  The  state  controller  is  hereby  authorized  to  draw  his  warrants,  for  the 
sums  herein  appropriated,  in  favor  of  the  treasurer  of  the  regents  of  the  Univer- 
sity of  California,  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

STATE    BOARD    OF   HEALTH— POLLUTION    OF    WATER. 

See  KERR'S  CYC.  PEN.  CODE  §  377a,   added  1905;  KERR'S  CYC.  POL,.  CODE  §2984. 

STATE   BOARD   OF  HEALTH— POLLUTION   OF   ICE. 

See     KERR'S     CYC.     PEN.     CODE     §  377c,  Violating  orders  of,  a  misdemeanor. — See 

added   1905,    138.  KERR'S    CYC.   PEN.    CODE    §  377a    (new). 

Powers  of  in  municipalities. — See  KERR'S  Sec    tits.    Burial    and    Disinterment — Per- 

CYC.   PEN.   CODE   §290.  mits;    Cemeteries  —  Disinterment,    and    note 

Vital   statistics. — See   KERR'S    CYC.   POL.  thereunder. 
CODE    §§2984,    3027,    3074-3083. 

STATE  BOUNDARY— EASTERN. 

To  define  and  establish  a  portion  of  the  eastern  boundary  of  the  state  of  Cali- 
fornia. 

(Stats.  1901,  89,  eh.  LXXIIL) 

§  1.  That  portion  of  the  eastern  boundary  line  of  the  state  of  California 
southeastward  from  Lake  Tahoe,  and  extending  to  the  Colorado  River ;  that  is  to 
say:  southeastward  from  the  intersection  of  the  thirty-ninth  degree  of  north 
latitude,  wuth  the  one  hundred  and  twentieth  degree  of  longitude  west  from 
Greenwich,  to  the  Colorado  River,  as  lately  surveyed,  established,  and  marked 
by  the  United  States  Coast  and  Geodetic  Survey,  completed  during  the  year 
nineteen  hundred,  is  hereby  declared  to  be  the  true,  correct  and  legal  boundary 
line  of  the  state  of  California  between  Lake  Tahoe  and  the  Colorado  River,  and 
the  said  line  as  surveyed,  established  and  marked  aforesaid,  shall  now  and  here- 
after be  recognized  and  considered  by  the  courts  of  this  state  as  the  boundary 
of  this  state  between  the  two  said  points,  viz.:  Lake  Tahoe  and  the  Colorado 
River. 

§  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 
§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

The  state  surveyor-g-eneral  was  directed  to  establish  this  boundary  by  Stats.   1889    38, 
Ch.   XXXI;    Const.    1879,    art.   XXI,   §1. 
See   tit.    State   of   California. 

STATE   CAPITOL— EMPLOYEES. 

Authorizing  the  appointment  of  certain  permanent  employees  of  the  state  cap- 
itol,  and  fixing  their  compensation. 

(Stats.  1873-4,  937,  ch.  DCLXVI;  amended  1880,  107,  ch.  CI;  1889,  449,  ch. 

CCLXXXVII.) 

§  1.  The  superintendent  of  the  state  capitol  is  hereby  authorized  and  em- 
powered to  appoint  the  following  employees  of  the  building,  and  who  shall  serve 


1268        STATE    CAPITOL— EMPLOYEES,    APPOINTMENT    OF    CERTAIN— JANITOR. 

during  his  pleasure:    One  janitor,  one  engineer,  one  fireman,  four  porters,  and 
three  watchmen.     [Amendment,  Stats.  1889,  449.] 

§  2.  It  shall  be  the  duty  of  the  janitor  to  take  general  charge  of  the  state 
capitol  building,  and  to  secure  and  preserve  the  furniture,  carpets,  curtains,  and 
all  other  property  therein.  He  shall  superintend  the  lighting  of  the  building, 
note  the  state  of  the  gas  meter,  and  the  correctness  of  the  bill  for  gas  each  month, 
before  the  same  is  presented  for  payment.  He  shall  check  the  delivery  of  supplies 
of  wood  and  coal,  and  become  satisfied  that  the  quantity  delivered  corresponds 
with  the  amount  ordered  by  the  superintendent.  He  shall  exercise  general  super- 
vision of  the  porters  and  watchmen,  have  full  power  to  make  arrests  for  dis- 
orderly conduct  about  the  building  or  grounds,  and  do  and  perform  such  other 
duties  as  may  be  required  of  him  by  the  superintendent. 

§  3.  The  board  of  state  capitol  commissioners  are  hereby  authorized  and  em- 
powered to  appoint  the  following  employees  of  the  capitol  grounds,  and  who 
shall  serve  during  the  pleasure  of  said  board :  One  gardener,  twelve  laborers,  and 
one  watchman  of  the  governor's  mansion.  The  gardener  shall  have  general  con- 
trol of  the  capitol  grounds,  and  shall  superintend  and  direct  the  planting  and 
culture  of  the  trees,  shrubbery,  plants,  and  grasses  thereof,  and  preserve  in  order 
the  w^alks,  [and]  grass  plots  of  said  grounds.  He  shall  exercise  direction  and  con- 
trol over  the  laborers  employed  under  this  act  to  aid  in  taking  charge  of  said 
grounds.  He  shall  have  full  power  to  make  arrests  within  the  capitol  grounds 
for  criminal  or  disorderly  conduct,  and  to  perform  such  other  duties  as  may 
be  required  of  him  by  the  said  state  capitol  commissioners.  [Amendment,  Stats. 
1889,  449.] 

§  4.  The  following  salaries  shall  be  paid  to  said  employees,  to  wit :  Janitor, 
one  hundred  and  twenty-five  dollars  per  month;  engineer,  one  hundred  and 
twenty -five  dollars  per  month ;  firen^an,  ninety  dollars  per  month ;  porters,  ninety 
dollars  each  per  month ;  watchmen,  ninety  dollars  each  per  month ;  gardener,  one 
hundred  and  tw^enty-five  dollars  per  month;  laborers,  ninety  dollars  each  per 
month.  For  the  payment  of  the  above  salaries,  the  sum  of  one  thousand  four 
hundred  and  ten  dollars,  in  addition  to  the  sum  appropriated  by  an  act  entitled 
"An  act  making  appropriations  for  the  support  of  the  government  of  the  state 
of  California  for  the  thirty-ninth  and  fortieth  fiscal  years,"  approved  March 
eighteenth,  eighteen  hundred  and  eighty-seven,  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury  not  otherwise  appropriated.  Said  salaries  shall 
be  paid  monthly,  as  salaries  of  state  officers  are  paid;  and  the  controller  of  state 
is  hereby  authorized  to  draw  his  warrants  on  the  treasurer  of  state,  in  accordance 
with  the  provisions  of  this  act.  [Amendment,  Stats.  1889,  449.] 
§  5.     This  act  shall  take  effect  immediately. 

STATE  CAPITOL— JANITOR. 

Fixing  the  salary  of  the  janitor  of  the  state  capitol  building,  defining  his  duties, 
and  making  an  appropriation  therefor. 

(Stats.  1893,  46,  ch.  XXX.) 

§  1.     It  shall  be  the  duty  of  the  janitor  to  take  general  charge  of  the  state 
capitol  building,  and  to  secure  and  preserve  the  furniture,  carpets,  curtains,  and 


STATE    CAPITOL, — JANITOR— ACTIONS    AGAINST    STATE.  1260 

all  other  property  therein.  He  shall  superintend  the  lighting  of  the  building, 
note  the  gas  meter  and  the  electric  meter,  and  the  correctness  of  the  bills  for  gas 
and  electric  lighting  for  each  month,  before  the  same  is  presented  for  payment. 
He  shall  check  the  delivery  of  supplies  of  wood  and  coal,  and  become  satisfied 
that  the  quantity  delivered  corresponds  with  the  amount  ordered  by  the  super- 
intendent, and  certify  to  the  correctness  thereof  to  the  superintendent.  He  shall 
check  the  delivery  of  supplies  of  stationery  and  blank-books  received  from  con- 
tractors, by  schedules  furnished  him  by  the  state  board  of  examiners.  He  shall 
have  the  charge  and  custody  of  all  stationery  and  blank-books  purchased  by  the 
state  for  the  use  of  state  officers  and  members  of  the  legislature,  and  shall  keep 
a  strict  and  accurate  account  of  all  supplies  drawn  by  each,  and  also  an  account 
of  all  supplies  on  hand.  He  shall  exercise  general  supervision  of  the  porters  and 
watchman,  have  full  power  to  make  arrests  for  disorderly  conduct  about  the 
building  or  grounds,  and  do  and  perform  such  other  duties  as  may  be  required  of 
him  by  the  superintendent. 

§  2.  The  salary  of  the  janitor  of  the  state  capitol  building  shall  be  two  thou- 
sand dollars  per  annum,  payable  in  the  same  manner  as  the  salaries  of  other  state 
officers. 

§  3.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated,  the  sum  of  two  hundred  eight  and  forty  one  hundredths 
dollars  for  the  payment  of  the  increase  in  the  salary  of  the  janitor  of  the  capitol 
building  for  the  remainder  of  the  forty-fourth  fiscal  year. 

§  4.     This  act  shall  take  effect  immediately. 

STATE  CAPITOL. 

See  tit.  Intoxicating  Liquors. 

STATE  DEBT— LOAN    COMMISSIONERS. 

The  statute  of  1891,  210,  ch.  CXLIX,  to  the  people,  as  by  the  statute  provided,  at 
create  a  board  of  loan  commissioners,  and  the  next  general  election,  but  it  failed  to 
provide  for  the  payment  of  the  funded  debt  receive  the  necessary  vote,  and  never  be- 
ef the  state,  was   submitted  to  election  by  came  law. 

STATE   OF   CALIFORNIA— ACTIONS   AGAINST. 

To  authorize  suits  against  the  state,  and  regulating  the  procedure  therein. 
(Stats.  1893,  57,  ch.  XLV.) 

§  1.  All  persons  who  have,  or  shall  hereafter  have,  claims  on  contract  or  for 
negligence  against  the  state  not  allowed  by  the  state  board  of  examiners,  are 
hereby  authorized,  on  the  terms  and  conditions  herein  contained,  to  bring  suit 
thereon  against  the  state  in  any  of  the  courts  of  this  state  of  competent  jurisdic- 
tion, and  prosecute  the  same  to  final  judgment.  The  rules  of  practice  in  civil 
cases  shall  apply  to  such  suits,  except  as  herein  otherwise  provided. 

§  2.  No  such  suit  shall  be  maintained  on  any  claim  now  existing,  unless  the 
same  be  brought  within  two  years  after  this  act  takes  effect ;  nor  shall  any  such 
suit  be  maintained  on  any  cause  of  action  hereafter  arising,  unless  the  same  shall 
be  commenced  within  two  years  after  such  cause  of  action  shall  have  accrued ; 
provided,  that  the  period  of  limitation  provided  for  in  section  two  of  this  act 


1270  STATE    OF    CALIFORIVIA— ACTIONS    AGAINST— AUTHORIZATION    OF. 

shall  not  apply  to  or  affect  the  rightS;  interest,  or  claims  of  any  minor  or  insane 
person,  or  a  person  imprisoned  on  a  criminal  charge,  or  in  execution  under  a 
sentence  of  a  criminal  court  for  a  period  of  not  less  than  for  life,  or  a  married 
woman  and  her  husband  be  a  necessary  party  with  her  in  commencing  such 
action,  or  an  incompetent  person,  but  such  action  may  be  commenced  within  the 
period  above  provided  for  after  such  disability  shall  cease. 

§  3.  At  the  time  of  filing  the  complaint  in  any  such  suit,  the  plaintiff  shall 
file  therewith  an  undertaking,  in  such  sum,  not  less  than  five  hundred  dollars,  as 
a  judge  of  the  court  shall  fix,  with  two  sufficient  sureties,  to  be  approved  by  a 
judge  of  the  court,  and  conditioned  that,  in  case  the  plaintiff  fails  to  recover 
judgment,  he  will  pay  all  costs  incurred  by  the  state  in  such  suit,  including  a 
reasonable  counsel  fee,  to  be  fixed  by  the  court. 

§  4.  Service  of  summons  in  such  suits  shall  be  made  on  the  governor  and 
attorney-general.  It  shall  be  the  duty  of  the  attorney-general  to  defend  all  such 
suits;  and  upon  his  written  demand,  made  at  or  before  the  time  of  answering, 
the  place  of  trial  of  any  such  suit  must  be  changed  to  the  county  of  Sacramento. 

§  5.  In  case  judgment  be  rendered  for  the  plaintiff  in  any  such  suit,  it  shall 
be  for  the  amount  actually  due  from  the  state  to  the  plaintiff,  with  legal  interest 
thereon,  from  the  time  the  obligation  accrued,  and  without  costs. 

§  6.  It  shall  be  the  duty  of  the  governor  to  report  to  the  legislature,  at  each 
session,  all  judgments  rendered  against  the  state,  and  not  theretofore  reported. 

§  7.  It  shall  be  the  duty  of  the  controller  to  draw  his  warrant  for  the  payment 
of  any  such  judgment,  without  any  presentation  to  or  approval  of  such  claim  by 
the  state  board  of  examiners,  whenever  a  sufficient  appropriation  for  such  pay- 
ment shall  have  been  made  by  the  legislature ;  and  all  claims  upon  such  judgments 
are  hereby  expressly  exempted  from  the  operation  of  section  six  hundred  and 
seventy-two  of  the  Political  Code, 

§  8.     This  act  shall  take  effect  immediately. 

stats.    1893,    ."jT Chapman    vs.    State,    104  1891,    280,   repealed  1895,   1),   see  Ingram   vs. 

Cal.    690,    C93,    43   Am.    St.    Rep.    158,    38    Pac.  Colg-an,    106    Cal.    113,    116,    46    Am.    St.    Rep. 

Rep.    457;    (Indian   war)    Molineux   vs.   State,  221,  38  Pac.  Rep.  315,  39  Id.  437;  Bickerdike 

109    Cal.    378,    379,    50    Am.    St.    Rep.    49,    42  vs.    State,    144    Cal.    681,    684,    78    Pac.    Rep. 

Pac.  Rep.   34;   Melvin  vs.   State,   121   Cal.   16,  270. 

21,    53    Pac.    Rep.    416;    Davis    vs.    State,    121  By    Stats.    1901,    646,    eh.    CCXIV,    actions 

Cal.   210,   211,  53  Pac.  Rep.  555;  Denning  vs.  were  authorized  to  be  brought  by  claimants 

State,    123   Cal.    316,   319,    55    Pac.    Rep.    1000;  of  coyote   scalp   bounty    (under   Stats.    1891) 

Polk   vs.    State    of   California,    138    Cal.    384,  within   twelve   months  after  the   passage  of 

385,    71    Pac.    Rep.    435,    648;    County    of    San  the  statute.     Under  this,   see   San   Francisco 

Luis  Obispo  vs.  Gage,  139  Cal.  398,   404,  405,  L.   &  C.  Co.   vs.   State  of  California,   141  Cal. 

73   Pac.   Rep.   174;   Bickerdike  vs.   State,   144  354,    355,    74    Pac.    Rep.   1047;    Bickerdike   vs. 

Cal.  681,   691,   78  Pac.  Rep.   270.  State,    144    Cal.    681,    683,    78    Pac.    Rep.    270; 

Coyote  scalps. — As  to  actions  against  the  Bickerdike    vs.    State,    144    Cal.    698,    699,    78 

state    on    account    of    coyote    scalps    (Stats.  Pac.  Rep.  277. 

STATE  OP  CALIFORNIA— ACTIONS  AGAINST. 

To  authorize  suits  against  the  state  concerning  certain  real  property,  and  regu- 
lating the  procedure  therein. 

(Stats.  1901,  111,  ch.  XCVII.) 

§  1.  All  persons  having  or  claiming  title  to  the  whole  or  to  any  part  of  the 
following  described  real  property,  to  wit : 


STATE    OF    CALIFORNIA— ACTIONS    AGAINST — AUTHORIZATION    OF.  1271 

The  fractions  in  the  east  half  of  section  nineteen  and  the  west  half  of  section 
twenty,  the  northwest  quarter  of  the  northeast  quarter  and  south  half  of  the 
northeast  quarter  and  the  southeast  quarter  of  section  twenty  aiid  the  south- 
west quarter  of  section  twenty-one,  being  the  land  applied  for  and  sold  to  A.  H. 
Estell  as  a  portion  of  the  five  hundred  thousand  acre  grant ;  also,  the  fractional 
northwest  and  fractional  northeast  quarter  of  section  twenty-eight,  being  the 
land  applied  for  and  sold  to  A.  H.  Estell  as  a  portion  of  the  ten  section  grant ; 
all  being  in  township  three  south  and  range  seven  east.  Mount  Diablo  base  and 
meridian,  Stanislaus  County  and  state  of  California,  and  containing  seven 
hundred   and   seventy-four   and   fifty-eight   hundredths   acres : 

Are  hereby  authorized,  on  the  terms  and  conditions  herein  contained,  to  bring 
suit  against  the  state  of  California  in  any  court  of  competent  jurisdiction  in 
said  state  to  quiet  title  to  said  land  or  to  any  portion  thereof,  and  to  prosecute 
the  same  to  final  judgment.  The  rules  of  practice  in  civil  cases  relating  to  suits 
to  quiet  title  shall  apply  to  such  suits  as  may  be  brought  under  this  authorization, 
except  as  herein  otherwise  provided. 

§  2.  Any  such  suit  to  quiet  title  shall  be  commenced  within  one  year  after 
this  act  takes  effect. 

§  3.  At  the  time  of  filing  the  complaint  in  any  such  suit,  the  plainti^  shall 
file  therewith  an  undertaking,  in  such  sum,  not  less  than  five  hundred  dollars,  as 
a  judge  of  the  court  shall  fix,  with  two  sufficient  sureties,  to  be  approved  by  the 
judge  of  the  court,  and  conditioned  that,  in  case  the  plaintiff  fails  to  recover 
judgment  quieting  the  title  of  such  plaintiff,  he  will  pay  all  costs  incurred 
by  the  state  in  such  suit,  including  a  reasonable  counsel  fee  to  be  fixed  by  the 
court. 

§  4.  Service  of  summons  in  such  suit  shall  be  made  on  the  governor  and 
attorney-general.  It  shall  be  the  duty  of  the  attorney-general  to  defend  all  such 
suits. 

§  5.  A  certified  copy  of  any  decree  rendered  in  any  such  action  quieting  title 
may  be  recorded  in  the  office  of  the  county  recorder  of  Stanislaus  County  and 
shall  thereafter  have  the  same  effect  as  if  such  decree  had  been  made  in  the 
superior  court  of  said  Stanislaus  County. 

§  6.     This  act  shall  take  effect  immediately. 

See  next  succeeding  statute  and  note. 

STATE  OF  CALIFORNIA— ACTIONS  AGAINST. 

Authorizing  suits  again.st  the  state  on  claims  or  demands  arising  under  an  act  of 
the  legislature  entitled  "An  act  fixing  a  bounty  on  coyote  scalps,"  approved 
March  thirty -first,  eighteen  hundred  and  ninety-one,  and  regulating  the  pro- 
cedure therein. 

(Stats.  1901,  646,  ch.  CCXIV.) 

§  1.  The  owners  or  holders  of  claims  or  demands  against  this  state  arising 
under  the  provisions  of  an  act  of  the  legislature  entitled  "An  act  fixing  a  bounty 
on  coyote  scalps,"  approved  March  thirty-first,  eighteen  hundred  and  ninety-one, 
may,  within  twelve  months  from  the  passage  of  this  act,  bring  suit  upon  their 
said  claims  or  demands  in  any  superior  court  of  this  state,  and  prosecute  the  same 


1272  STATE — ACTIONS     AGAINST — GIFTS — STATE     LANDS. 

to  final  judgment.  The  rules  of  practice  in  civil  cases  shall  apply  to  such  suits, 
except  as  herein  otherwise  provided,  with  the  right  of  appeal  to  either  party. 

§  2.  Service  of  summons  in  such  suits  shall  be  made  on  the  attorney-general. 
It  shall  be  the  duty  of  the  attorney-general  to  defend  all  such  suits ;  and  upon 
his  written  demand,  made  at  or  before  the  time  of  answering,  the  place  of  trial 
of  any  such  suit  must  be  changed  to  the  county  of  Sacramento. 

§  3.  All  costs  in  any  suit  brought  hereunder  shall  be  paid  by  the  plaintiff  in 
the  action;  and  in  case  judgment  therein  be  for  the  plaintiff,  it  shall  be  for  the 
amount  actually  found  due  to  the  plaintiff,  without  interest  thereon  and  without 
costs;  and  such  judgment  shall  bear  no  interest  after  rendition. 

§  4.  It  shall  be  the  duty  of  the  attorney-general  to  report  to  the  legislature 
at  its  next  ensuing  session  all  final  judgments  recovered  against  the  state  here- 
under, not  theretofore  reported. 

§  5.     This  act  shall  take  effect  immediately. 

The    following-   special   statutes,    authoriz-  As    to    actions    against    the    state    under 

ing  suits   against   the   state,   may   be   noted:  Stats.  1S85,  107,  ch.  CXXIII,  entitling  Hoag- 

1891,    194,    as    to    Robert   C.    Ball;    1891,    275,  land  and  others  to  sue,  see  Green  vs.  State, 

as  to  Coulterville  &  Y.  T.  Co.;  1S75-6.  680,  73  Cal.  29,  30,  11  Pac.  Rep.  602,  14  Id.  610. 
as  to  John  Lord  Love  and  others. 

STATE   OF   CALIFORNIA— GIFTS. 

See  tit.  Gifts  to  Public  Use. 

STATE  OF  CALIFORNIA— LANDS. 

To  release  the  claim  of  the  state  of  California  to  certain  lands  in  township  eleven 
north,  range  four  east,  Mount  Diablo  base  and  meridian. 

(Stats.  1871-2,  948,  ch.  DCXXXV.) 

§  1.  The  state  of  California  releases  to  the  United  States  and  to  all  parties 
claiming  under  the  United  States  all  those  parcels  of  land  lying  in  township 
eleven  (11)  north,  range  four  (4)  east,  Mount  Diablo  base  and  meridian,  and 
described  as  the  southwest  quarter  of  the  southwest  quarter  (S.  W.  l^  of  S.  W. 
%)  of  section  three  (3)  ;  the  southeast  quarter  of  the  southeast  quarter  (S.  E. 
l^  of  S.  E.  14)  of  section  four  (4) ;  the  east  half  of  section  nine  (9)  ;  the  south 
half  (S.  1/2)  ;  the  south  half  of  the  northwest  quarter  (S.  1/2  of  N.  W.  i^)  and 
the  northwest  quarter  of  the  northwest  quarter  (N.  W.  14  of  N.  W.  14)  of  section 
ten  (10)  ;  the  southwest  quarter  (S.  W.  1/4)  and  the  south  half  of  the  northwest 
quarter  (S.  ^/o  of  N.  W.  ^/4)  of  section  fourteen  (14)  ;  all  of  section  fifteen  (15)  ; 
the  north  half  (N.  14)  of  section  seventeen  (17)  ;  the  north  half  (N.  %)  of 
section  twenty-one  (21)  ;  and  the  southeast  quarter  (S.  E.  14)  of  section  twenty- 
one  (21)  ;  all  of  section  twenty-two  (22)  ;  the  west  half  (W.  %)  of  section 
twenty -three  (23)  ;  the  west  half  of  southwest  quarter  (W.  %  of  S.  W.  14)  of 
section  twenty-six  (26)  ;  all  of  section  twenty-seven  (27) ;  the  west  half  of 
the  west  half  (W.  I/2  of  W.  1/2)  of  section  thirty-five  (35)  and  the  northeast 
quarter  (N.  E.  1/4)   o^  section  six  (6). 

§  2.  This  act  shall  take  eff'ect  and  be  in  force  from  and  after  its  pas- 
sage. 


STATE    LANDS— STATE    DAIRY    BUREAU.  1373 

STATE  OF  CALIFORNIA— LANDS. 

Ceding  to  the  United  States  of  America  jurisdiction  over  lands  in  this  state 

ceded  to  the  United  States. 

(Stats.  1891,  262,  ch.  CLXXXI.) 

§  1.  The  state  of  California  hereby  cedes  to  the  United  States  of  America 
exclusive  jurisdiction  over  such  piece  or  parcel  of  land  as  may  have  been  or  may 
be  hereafter  ceded  or  conveyed  to  the  United  States,  during  the  time  the  United 
States  shall  be  or  remain  the  owner  thereof,  for  all  purposes  except  the  adminis- 
tration of  the  criminal  laws  of  this  state  and  the  service  of  civil  process  therein. 

§  2,     This  act  shall  take  effect  immediately. 

See  tit.  Lands  of  State,  ante. 

STATE  OF  CALIFORNIA. 

See  tits.  Congressional  Districts;  Controller  of  State;  Ferry  Depot;  Index  to 
Statutes;  State  Funds;  State  Debt,  Etc. 

STATE  CONTROLLER. 

See  tits.    Controller  of  State ;  Board  of  Examiners. 

STATE  DAIRY  BUREAU. 

To  prevent  deception  in  the  manufacture  and  sale  of  butter  and  cheese,  and  to 
secure  its  enforcement,  and  to  appropriate  money  therefor. 

(Stats.  1897,  65,  ch.  LXXV.) 

§  1.  That  for  the  purposes  of  this  act,  every  article,  substance,  or  compound, 
other  than  that  produced  from  pure  milk  or  cream  from  the  same,  made  in  the 
semblance  of  butter,  and  designed  to  be  used  as  a  substitute  for  butter  made 
from  pure  milk  or  cream  from  the  same,  is  hereby  declared  to  be  imitation  butter ; 
and  that  for  the  purposes  of  this  act,  every  article,  substance,  or  compound,  other 
than  that  produced  from  pure  milk  or  cream  from  the  same,  made  in  the  sem- 
blance of  cheese,  and  designated  to  be  used  as  substitute  for  cheese  made  from 
pure  milk  or  cream  from  the  same,  is  hereby  declared  to  be  imitation  cheese ; 
provided,  that  the  use  of  salt,  rennet,  and  harmless  coloring  matter  for  coloring 
the  product  of  pure  milk  or  cream,  shall  not  be  construed  to  render  such  product 
an  imitation ;  and  provided,  that  nothing  in  this  section  shall  prevent  the  use  of 
pure  skimmed  milk  in  the  manufacture  of  cheese. 

§  2.  No  person,  by  himself  or  his  agents  or  servants,  shall  render  or  manufac- 
ture, sell,  offer  for  sale,  expose  for  sale,  or  have  in  his  possession  with  intent  to 
sell,  or  use,  or  serve  to  patrons,  guests,  boarders,  or  inmates,  in  any  hotel,  eating- 
house,  restaurant,  public  conveyance  or  boarding-house,  or  public  or  private  hos- 
pital, asylum,  or  eleemosynary  or  penal  institution,  any  article,  product,  or  com- 
pound made  wholly  or  party  out  of  any  fat,  oil,  or  oleaginous  substance  or 
compound  thereof,  not  produced  directly  and  at  the  time  of  manufacture  from 
unadulterated  milk  or  cream  from  the  same,  which  article,  product,  or  compound 


1274  STATE    DAIRY   BUREAU — DECEPTION    IN    BUTTER    AND    CHEESE. 

shall  be  colored  in  imitation  of  butter  or  cheese  produced  from  unadulterated 
milk  or  cream  from  the  same;  provided,  that  nothing  in  this  section  shall  be 
construed  to  prohibit  the  manufacture  or  sale,  under  the  regulations  hereinafter 
provided,  of  substances  or  compounds,  designed  to  be  used  as  an  imitation,  or  as 
a  substitute  for  butter  or  cheese  made  from  pure  milk  or  cream  from  the  same, 
in  a  separate  and  distinct  form,  and  in  such  a  manner  as  will  advise  the  con- 
sumer of  its  real  character,  free  from  coloration,  or  ingredients,  that  causes  it  to 
look  like  butter  or  cheese  made  from  pure  milk  or  cream,  the  product  of  the 
dairy. 

§  3.  Each  person  who,  by  himself  or  another,  lawfully  manufactures  any  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheese,  shall  mark  by 
branding,  stamping,  or  stenciling  upon  the  top  and  sides  of  each  tub,  firkin,  box, 
or  other  package  in  which  such  article  shall  be  kept,  and  in  which  it  shall  be 
removed  from  the  place  where  it  is  produced,  in  a  clear  and  durable  manner,  in 
the  English  language,  the  words  "Substitute  for  butter,"  or  " Substitute  for 
cheese,"  as  the  case  may  be,  in  printed  letters  in  plain  Roman  type,  each  of  which 
shall  not  be  less  than  oue  inch  in  height  by  one  half  inch  in  width,  and  in  addition 
to  the  above  shall  prepare  a  statement,  printed  in  plain  Roman  type,  of  a  size  not 
smaller  than  pica,  stating  in  the  English  language  its  name,  and  the  name  and 
address  of  the  manufacturer,  the  name  of  the  place  where  manufactured  or  put 
up,  and  also  the  names  and  actual  percentages  of  the  various  ingredients  used  in 
the  manufacture  of  such  imitation  butter  or  imitation  cheese;  and  shall  place  a 
copy  of  said  statement  within  and  upon  the  contents  of  each  tub,  firkin,  box,  or 
other  package,  and  next  to  that  portion  of  each  tub,  firkin,  box,  or  other  package 
as  is  commonly  and  most  conveniently  opened ;  and  shall  label  the  top  and  sides 
of  each  tub,  firkin,  box,  or  other  package  by  affixing  thereto  a  copy  of  said  state- 
ment, in  such  manner,  however,  as  not  to  cover  the  whole  or  any  part  of  said 
mark  of  "Substitute  for  butter,"  or  "Substitute  for  cheese."  ■ 

§  4.  No  person,  by  himself  or  another,  shall  knowingly  ship,  consign,  or  for- 
ward by  any  common  carrier,  whether  public  or  private,  any  substance  designed 
to  be  used  as  a  substitute  for  butter  or  cheese,  unless  the  same  be  marked  and 
contain  a  copy  of  the  statement,  and  be  labeled  as  provided  by  section  three  of 
this  act;  and  no  carrier  shall  knowingly  receive  the  same  for  the  purpose  of 
forwarding  or  transporting,  unless  it  shall  be  manufactured,  marked,  and  labeled 
as  hereinbefore  provided,  consigned,  and  by  the  carrier  receipted  for  by  its  true 
name;  provided,  that  this  act  shall  not  apply  to  any  goods  in  transit  between 
foreign  states  and  across  the  state  of  California. 

§  5.  No  person,  or  his  agent,  shall  knowingly  have  in  his  possession  or  under 
his  control  any  substance  designed  to  be  used  as  a  substitute  for  butter  and  cheese 
unless  the  tub,  firkin,  box,  or  other  package  containing  the  same,  shall  be  clearly 
and  durably  marked  and  contain  a  copy  of  the  statement,  and  be  labeled  as 
provided  by  section  three  of  this  act ;  and  if  the  tub,  firkin,  box,  or  other  package 
be  opened,  then  a  copy  of  the  statement  described  in  section  three  of  this  act 
shall  be  kept,  with  its  face  up,  upon  the  exposed  contents  of  said  tub,  firkin,  box, 
or  other  package;  provided,  that  this  section  shall  not  be  deemed  to  apply  to 
persons  who  have  the  same  in  their  possession  for  the  actual  consumption  of 
themselves  or  family. 


STATE  DAIRY  BUREAU — DECEPTION  IN   BUTTER  AND   CHEESE,   SALE   OF.        1275 

§  6.  No  person,  by  himself  or  another,  shall  sell,  or  offer  for  sale,  or  take 
orders  for  the  future  delivery  of,  any  substance  designed  to  be  used  as  a  substitute 
for  butter  or  cheese,  under  the  name  of  or  under  the  pretense  that  the  same  is 
butter  or  cheese ;  and  no  person,  by  himself  or  another,  shall  sell  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  unless  he  shall  inform 
the  purchaser  distinctly,  at  the  time  of  the  sale,  that  the  same  is  a  substitute  for 
butter  or  cheese,  as  the  case  may  be,  and  shall  deliver  to  the  purchaser,  at  the 
time  of  the  sale,  a  separate  and  distinct  copy  of  the  statement  described  in  section 
three  of  this  act ;  and  no  person  shall  use  in  any  way,  in  connection  or  association 
with  the  sale,  or  exposure  for  sale,  or  advertisement,  of  any  substance  designed 
to  be  used  as  a  substitute  for  butter  or  cheese,  the  words  "butterine,"  "cream- 
ery, "  or  "  dairy, ' '  or  the  representation  of  any  breed  of  dairy  cattle,  or  any  com- 
bination of  such  words  and  representation,  or  any  other  words  or  symbols,  or 
combinations  thereof,  commonly  used  by  the  dairy  industry  in  the  sale  of  butter 
or  cheese. 

§  7.  No  keeper  or  proprietor  of  any  bakery,  hotel,  boarding-house,  restaurant, 
saloon,  lunch  counter,  or  other  place  of  public  entertainment,  or  any  person 
having  charge  thereof,  or  employed  thereat,  or  any  person  furnishing  board  for 
others  than  members  of  his  own  family,  or  for  any  employee  where  such  board 
is  furnished  as  the  compensation  or  as  a  part  of  the  compensation  of  any  such 
employee,  shall  place  before  any  patron  or  employee,  for  use  as  food  any  sub- 
stance, designed  to  be  used  as  a  substitute  for  butter  and  cheese,  unless  the  same 
be  accompanied  by  a  copy  of  the  statement  described  in  section  three  of  this  act, 
and  by  a  verbal  notification  to  said  patron  that  such  substance  is  a  substitute  for 
butter  or  cheese. 

§  8.  No  action  can  be  maintained  on  account  of  any  sale  or  other  contract 
made  in  violation  of,  or  with  intent  to  violate,  this  act  by  or  through  any  person 
who  was  knowingly  a  party  to  such  wrongful  sale  or  other  contract. 

§  9.  Every  person  having  possession  or  control  of  any  substance  designed  to 
be  used  as  a  substitute  for  butter  or  cheese  which  is  not  marked  as  required  by 
the  provisions  of  this  act,  shall  be  presumed  to  have  known,  during  the  time  of 
such  possession  or  control,  that  the  same  was  imitation  butter,  or  imitation  cheese, 
as  the  case  may  be. 

§  10.  No  person  shall  efface,  erase,  cancel,  or  remove  any  mark,  statement,  or 
label  provided  for  by  this  act,  with  intent  to  mislead,  deceive,  or  to  violate  any 
of  the^provisions  of  this  act. 

§  11.  No  butter  or  cheese  not  made  wholly  from  pure  milk  or  cream,  salt, 
harmless  coloring  matter,  shall  be  used  in  any  of  the  charitable  or  penal  institu- 
tions that  receive  assistance  from  the  state. 

§  12.  Whoever  shall  violate  any  of  the  provisions  or  sections  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
punished,  for  the  first  offense,  by  a  fine  of  not  less  than  fifty  dollars,  nor  more 
than  one  hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
exceeding  thirty  days ;  and  for  each  subsequent  offense,  by  a  fine  of  not  less  than 
one  hundred  and  fifty  dollars,  nor  more  than  three  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  thirty  days,  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court.    One  half 


1270        STATE  DAIRY  BUREAU — DECEPTION  BUTTER  AND  CHEESE — PENALTIES. 

of  all  the  fines  collected  under  the  provisions  of  this  act  shall  be  paid  to  the 
person  or  persons  furnishing  information  upon  which  conviction  is  procured. 

§  13.  Whoever  shall  have  possession  or  control  of  any  imitation  butter  or 
imitation  cheese,  or  any  substance  designed  to  be  used  as  a  substitute  for  butter 
or  cheese,  contrary  to  the  provisions  of  this  act,  shall  be  construed  to  have  pos- 
session of  property  with  intent  to  use  it  as  a  means  of  committing  a  public  offense, 
within  the  meaning  of  chapter  three,  of  title  twelve,  of  part  two,  of  an  act  to 
establish  a  penal  code;  provided,  that  it  shall  be  the  duty  of  the  officer  who 
serves  a  search  warrant  issued  for  imitation  butter  or  imitation  cheese,  or  any 
substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  to  deliver  to  the 
agent  of  the  dairy  bureau,  or  to  any  person  by  such  dairy  bureau  authorized  in 
writing  to  receive  the  same,  a  perfect  sample  of  each  article  seized  by  virtue  of 
such  warrant,  for  the  purpose  of  having  the  same  analyzed,  and  forthwith  to 
return  to  the  person  from  whom  it  was  taken  the  remainder  of  each  article  seized 
as  aforesaid.  If  any  sample  be  found  to  be  imitation  butter  or  imitation  cheese, 
or  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  it  shall  be 
returned  to  and  retained  by  the  magistrate  as  and  for  the  purpose  contemplated 
by  section  fifteen  hundred  and  thirty-six  of  an  act  to  establish  a  penal  code ;  but 
if  any  sample  be  found  not  to  be  imitation  butter  or  imitation  cheese,  or  a  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheese,  it  shall  be  returned 
forthwith  to  the  person  from  whom  it  was  taken. 

§  14.  It  shall  be  the  duty  of  the  district  attorney,  upon  the  application  of  the 
dairy  bureau,  to  attend  to  the  prosecution,  in  the  name  of  the  state,  of  any  suit 
brought  for  the  violation  of  any  of  the  provisions  of  this  act  within  his  district. 

§  15.  The  governor  shall  on  or  before  the  first  day  of  July,  eighteen  hundred 
and  ninety-seven,  appoint  three  resident  citizens  of  this  state,  who  shall  have 
practical  experience  in  the  manufacture  of  dairy  products,  to  constitute  a  state 
dairy  bureau,  and  which  succeed  the  one  now  in  existence  in  every  respect. 
Members  of  this  bureau  shall  hold  office  for  the  period  of  four  years  from  and 
after  the  first  day  of  July,  eighteen  hundred  and  ninety-seven,  and  until  their 
successors  are  appointed  and  qualified;  provided,  that  the  first  members  ap- 
pointed under  the  provisions  of  this  act  shall  at  their  first  meeting  so  classify 
themselves  by  lot  as  that  one  shall  go  out  of  office  at  the  expiration  of  two  years, 
one  at  the  expiration  of  three  years,  and  the  other  at  the  expiration  of  four 
years.  Any  vacancy  shall  be  filled  by  appointment  by  the  governor  for  the  un- 
expired term.  The  members  of  said  bureau  shall  serve  without  compensation, 
and  within  twenty  days  after  their  appointment,  shall  take  the  oath  of  office  as 
required  by  the  constitution,  and  they  shall  thereupon  meet  and  organize  by 
electing  a  chairman  and  treasurer.  Any  one  of  them  may  be  removed  by  the 
governor,  for  neglect  or  violation  of  duty.  They  shall  make  a  report  in  detail 
to  the  legislature  not  later  than  the  first  day  of  December  next  preceding  the 
meetings  thereof. 

§  16.  It  shall  be  the  duty  of  the  state  dairy  bureau  to  secure,  as  far  as  pos- 
sible, the  enforcement  of  this  act.  The  state  dairy  bureau  shall  have  power  to 
employ  an  agent  at  a  salary  of  twelve  hundred  dollars  a  year,  and  such  assist- 
ants or  chemists,  as  from  time  to  time  may  be  necessary  therefor. 

§17.     There  is  hereby  appropriated  for  the  use  of  this  state  dairy  bureau,  out 


STATE  DEBT — EXCESS    OVER  APPROPRIATION — DISPOSITION   OP   FUNDS.        1277 

of  any  money  in  the  state  treasury  not  otherwise  appropriated,  the  sum  of  five 
thousand  dollars  for  each  fiscal  year  hereafter,  and  commencing  with  the  forty- 
ninth  fiscal  year.  All  salaries,  fees,  costs,  and  expenses  of  every  kind  incurred 
in  the  carrying  out  of  the  law  shall  be  drawn  from,  the  sum  so  appropriated,  and 
the  state  controller  shall  draw  his  warrant  on  the  state  treasurer  in  favor  of  the 
person  entitled  to  the  same. 

§  18.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 
§  19.     This  act  shall  take  effect  immediately. 

Prior  acts  on  this  subject  are:    1S81,  14;   1895,      41. — See    KERR'S     CYC.     PEN.     CODES 

§§  381a,   318b,  in  relation  to  duties  of  state  dairy    bureau. 

STATE  DEBT. 

See  tit.  Loan  Commissioners. 

STATE   DEBT— EXCESS   OVER   APPROPRIATIONS. 

To  prohibit  the  creation  of  debts  against  the  state  in  excess  of  appropriations 
made  by  law,  except  in  cases  of  actual  necessity  and  on  consent  of  the  board 
of  examiners. 

(Stats.  1893,  285,  ch.  CCI.) 

§  1.  No  officer  or  employee  in  the  service  of  the  state  shall  have  power  to 
create  any  deficiency  in  excess  of  any  appropriation  of  money  made  by  law, 
except  in  case  of  actual  necessity,  and  only  then  upon  the  written  authority,  first 
obtained,  of  the  governor,  secretary  of  state,  and  attorney-general ;  and  any 
indebtedness  attempted  to  be  created  against  the  state  in  violation  of  the  pro- 
visions of  this  act  shall  be  absolutely  null  and  void,  and  shall  not  be  allowed 
by  the  state  board  of  examiners. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

STATE  ENGINEER. 

This  office  was  created  by  Stats.  1S77-8,  cf  the  office  was  limited  to  two  years. — See 
€34,  ch.  CCCCXXIX,  but  by  amendment  to  Irelan  vs.  Colgan,  96  Cal.  413,  31  Pac.  Rep. 
Stats.   1889,   328,  ch.   CCXVIII,   the   existence       294. 

STATE  FLOWER. 

To  select  and  adopt  the  "golden  poppy"  as  the  state  flower  of  California. 
(Stats.  1903,  78,  ch.  LXIX.) 

§1.  The  golden  poppy  (eschscholtzia)  is  hereby  selected,  designated,  and 
adopted  as  the  state  flower  of  the  state  of  California. 

§  2.     This  act  shall  be  in  force  and  effect  from  and  after  its  passage. 

STATE  FUNDS— DISPOSITION  OF. 

Requiring  the  payment  into  the  state  treasury  of  all  moneys  belonging  to  the 
state,  received  by  the  various  state  institutions,  commissions,  and  officers, 
and  directing  the  disposition  of  the  proceeds. 
(Stats.  1899,  110,  ch.  XCIII;  amended  1905,  382,  ch.  CCCXXVIII.) 

§  1.  All  moneys  belonging  to  the  state  received  from  any  source  whatever  by 
any  officer,  commission  or  commissioner,  board  of  trustees,  board  of  managers  or 


X378  STATE    FUNDS— DISPOSITION    OF — ^DRAINAGE. 

board  of  directors,  shall  be  accounted  for  at  the  close  of  each  month  to  the  state 
controller,  in  such  form  as  the  controller  may  prescribe,  and  at  the  same  time, 
on  the  order  of  the  controller,  be  paid  into  the  state  treasury;  provided,  in  the 
case  of  any  state  hospital,  asylum,  prison,  school  or  harbor,  supported  by  or 
under  control  of  the  state  said  money  shall  be  credited  to  a  fund  to  be  known  as 
the  contingent  fund  of  the  particular  institution  from  which  such  money  is  re- 
ceived, and  may  be  expended  under  the  same  laws  and  provisions  that  govern  the 
expenditure  of  money  appropriated  for  the  support  of  such  institutions,  and 
provided,  that  in  every  case  where  the  law  directs  the  board  of  trustees,  managers 
or  directors,  or  officer  to  refund  any  money  upon  the  death  or  discharge  of  any 
inmate  of  said  hospital,  asylum,  prison,  school  or  other  institution,  or  to  provide 
a  discharged  inmate  with  any  sum  of  money  or  with  wearing  apparel,  such 
amount  of  money  necessary  shall  be  paid  by  the  board  of  trustees,  managers  or 
directors  or  officer,  upon  demand;  and  in  the  statement  to  the  controller  herein 
provided  for,  these  amounts  shall  be  itemized  and  the  aggregate  deducted  from 
the  amount  to  be  paid  into  the  state  treasury ;  provided,  further,  that  all  money 
collected  by  boards  of  harbor  commissioners  shall  be  paid  into  the  harbor  improve- 
ment fund  of  the  respective  harbor  where  collected,  except  so  much  thereof  as 
may  be  necessary  to  pay  the  expense  of  urgent  repairs,  not  to  exceed  in  the 
aggregate  six  thousand  dollars  per  month,  which  sum,  if  so  much  be  required, 
may  be  used  in  repairing  the  wharves,  piers,  landings,  thoroughfares,  sheds,  and 
other  structures,  and  the  streets  bounding  on  the  w-ater  front  under  the  juris- 
diction of  such  board  of  harbor  commissioners,  without  advertising  the  proposals 
therefor.     [Amendment,  Stats.  1905,  382.] 

§  2.  Immediately  upon  the  passage  of  this  act,  any  moneys  belonging  to  the 
state  now  in  the  hands  of  the  boards  of  trustees,  managers,  or  directors  of  the 
institutions  mentioned  herein,  or  of  any  treasurer  or  secretary  thereof,  shall  be 
accounted  for  to  the  controller  and  paid  into  the  state  treasury,  to  be  credited 
and  disposed  of  in  the  manner  hereinbefore  indicated. 

§  3.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 

STATE  FUNDS— DRAINAGE. 

Authorizing  the  controller  and  treasurer  to  transfer  to  the  general  fund  all 
moneys  now  in  the  state  drainage  construction  fund  and  also,  from  time  to 
time,  to  transfer  to  the  general  fund  all  moneys  that  may  hereafter  be  paid 
into  the  state  drainage  construction  fund. 

(Stats.  1891,  237,  ch.  CLXV.) 

§  1.  The  controller  is  hereby  authorized  to  transfer  to  the  general  fund  all 
moneys  standing  to  the  credit  of  the  state  drainage  construction  fund,  and  also, 
from  time  to  time,  to  transfer  to  the  general  fund  all  moneys  that  may  hereafter 
be  paid  into  the  state  drainage  construction  fund. 

§  2.  The  controller,  immediately  after  making  the  transfers  provided  for  in 
this  act,  shall  notify  the  state  treasurer  of  the  same,  and  the  treasurer  shall 
thereupon  make  corresponding  transfers  upon  the  books  of  his  office. 

§  3.     This  act  shall  take  effect  immediately. 


STATE   FUNDS — TRANSFER— STATE    GEOLOGICAL    SURVEY.  1279 

A    like    authorization    may    be    found    in  rosy  fund,   interest  and  sinking  fund,  levee 

Stats.  1891,   279,   cli.  CXCVII,  relating  to  the  district    No.    5,    and    abolishing    said    funds, 

fund  of  drainage   district  No.    1.     Also  with  Stats.    1S93,    6,    ch.    IX. 
reference  to  the   election   reward  fund,   lep- 

STATE  FUNDS— TRANSFE.:i. 

Authorizing  the  governor  to  order  the  transfer  to  the  general  fund  of  any  money 
that  may  be  iu  other  funds  of  the  state  treasury,  and  the  return  thereof  to 
such  funds. 

(Stats.  1899,  156,  ch.  CXXV.) 

§.  1.  "Whenever  the  general  fund  of  the  state  treasury  becomes  exhausted,  and 
there  is  money  in  other  funds  not  required  to  meet  any  accrued  demands  against 
such  funds,  or  demands  to  accrue  against  such  funds,  the  controller  shall  report 
such  fact  to  the  governor  and  treasurer ;  and  if  the  governor  and  treasurer  find 
that  the  money  is  not  needed  in  such  other  funds,  the  governor  may,  and  he  is 
hereby  empowered  to,  order  the  controller  to  direct  the  transfer  of  such  money,  or 
any  part  thereof,  to  the  general  fund.  All  money  so  transferred  to  the  general 
fund  under  the  provisions  of  this  act  shall  be  returned  to  the  fund  from  which 
it  was  transferred  as  soon  as  there  is  sufficient  money  in  the  general  fund  to 
return  the  same.  Nothing  in  this  act  shall  be  so  construed  as  to  order  or  warrant 
the  transfer  of  any  money  from  any  fund  so  as  to  in  any  manner  interfere  with 
the  object  for  which  such  fund  was  created. 

§  2.     This  act  shall  take  effect  immediately. 

STATE  GEOLOGICAL  SURVEY. 

To  provide  for  the  preservation  of  the  material  of  the  geological  survey  of 

California. 
(Stats.  1873-4,  694,  ch.  CCCCLXIII.) 

§  1.  It  shall  be  the  duty  of  the  state  geologist  to  deliver  to  the  president  of 
the  University  of  California,  at  Berkeley  in  this  state,  all  instruments,  accoutre- 
ments, furniture,  property,  maps,  books,  drawings,  manuscripts^  notes,  engrav- 
ings, lithographic  stones,  woodcuts,  field-notes,  and  other  material  of  every 
description  and  nature  belonging  or  appertaining  to  the  geological  survey  of  Cali- 
fornia ;  such  surrender  and  delivery  to  be  made  without  delay. 

§  2.  The  regents  of  the  University  of  California  shall  safely  keep  and  pre- 
serve, at  the  said  university,  all  the  property  and  material  referred  to  in  section 
one  of  this  act,  until  such  time  as  the  legislature  may  direct  otherwise. 

§  3.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of  any  money 
in  the  general  fund  not  otherwise  appropriated,  to  pay  the  necessary  cost  of 
arranging,  packing,  transporting,  and  delivering  the  said  property  and  material ; 
and  the  controller  shall  draw  his  warrant  or  warrants  for  such  pupose,  not  to 
exceed  said  sum  of  five  thousand  dollars,  when  directed  to  do  so  by  the  state  board 
of  examiners,  and  the  treasurer  shall  pay  the  same. 

§  4.  The  regents  of  said  university  shall  keep  on  hand  and  offer  for  sale  all 
volumes  of  reports  and  maps  published  by  said  geological  survey;  they  may 
also,  as  soon  as  the  present  supply  of  reports  and  maps  is  exhausted,  cause  any 
portion  of  the  same  to  be  republished  and  sold  at  the  prices  now  provided  or  that 


1260        STATE   HARBOR   COMMISSIONERS— AUTHORITY    OVER   WATER   FRONT. 

may  hereafter  be  provided  by  law ;  provided,  that  said  republication  shall  be  done 
without  cost  to  the  state;  provided  further,  that  the- proceeds  of  the  sale  of  all 
such  maps  and  reports,  over  and  above  the  cost  of  publication,  shall  be  paid  in 
to  the  state  treasurer  and  by  him  credited  to  the  school  fund  of  the  state. 
§  5.     This  act  shall  take  effect  immediately. 

The  geological  survey  of  the  state  was  made  pursuant  to  Stats.  1S71-2,  355,  ch.  CCLV. 

STATE  HARBOR  COMMISSIONERS. 

To  authorize  the  compromise  of  certain  litigation  concerning  a  portion  of  the 

water  front  of  the  city  and  county  of  San  Francisco. 

(Stats.  1875-6,  905,  ch.  DCVI.) 

§  1.  The  governor,  the  mayor  of  the  city  and  county  of  San  Francisco,  and 
the  board  of  state  harbor  commissioners,  are  hereby  authorized  to  act  as  a  board 
of  arbitration,  to  compromise  and  settle  with  the  claimants  of  the  premises  situate 
between  Jackson  and  Pacific  streets,  and  outside  of  the  line  of  the  water  front  of 
the  city  and  county  of  San  Francisco  as  established  by  the  act  of  the  legislature, 
entitled  "An  act  to  provide  for  the  disposition  of  certain  property  of  the  state 
of  California,"  approved  March  twenty-sixth,  eighteen  hundred  fifty-one.  The 
settlement  and  compromise  must  embrace  the  whole  of  the  premises,  or  none. 

§  2.  Upon  such  compromise  and  settlement  being  made,  and  upon  the  execu- 
tion and  delivery  to  the  board  of  state  harbor  commissioners  of  proper  deeds  of 
conveyance  to  the  state  of  California  of  the  said  premises,  free  of  all  encum- 
brances, and  surrender  of  possession  of  the  same  to  the  said  board,  they,  or  a 
majority  of  them,  shall  certify  in  writing,  to  the  controller  of  state,  the  amount 
to  be  paid  to  the  several  claimants,  and  the  fact  of  the  execution  and  delivery 
of  such  deeds  and  surrender  of  possession  of  the  premises;  and  thereupon  the 
controller  must  draw  his  warrant  or  warrants  on  the  state  treasurer  in  favor  of 
the  person  or  persons  named  in  said  certificate,  and  on  the  presentation  of  such 
warrants  to  the  state  treasurer,  he  shall  pay  the  same  out  of  the  San  Francisco 
harbor  improvement  fund ;  and  sufficient  of  said  fund  is  hereby  appropriated  for 
that  purpose. 

§  3.  The  said  settlement  and  compromise,  and  the  execution  of  the  deeds  and 
delivery  of  possession  of  the  premises,  shall  be  made  within  six  months  after 
the  passage  of  this  act,  or  the  authority  thereby  granted  shall  cease. 

§  4.  All  proceedings  for  the  recovery  of  the  said  premises  must  be  stayed 
until  the  expiration  of  said  six  months. 

§  5.  Nothing  in  this  act  shall  be  construed  as  a  recognition  by  the  state  of 
California  of  any  title  in  said  claimants,  or  either  of  them,  to  any  part  of  the 
said  premises. 

§  6.     [This]  act  shall  take  effect  from  its  pa.ssage. 

STATE  HARBOR  COMMISSIONERS— TOLLS. 

To  provide  penalties  for  failure  to  pay  tolls,  by  false  returns  or  otherwise,  to  any 

board  of  state  harbor  commissioners  of  the  state  of  California. 

(Stats.  1891,  27,  ch.  XLII.) 

§  1.  Any  person,  corporation,  firm,  or  association  who  shall,  by  false  returns, 
or  in  any  manner,  avoid  the  payment  of  all  or  any  portion  of  any  tolls  that  may 


STATE    HARBOR    COMMISSIONERS — EAST    STREET— FREE    MARKET.  1281 

be  due  to  any  board  of  state  harbor  commissioners  of  the  state  of  California, 
from  any  source  or  cause,  as  provided  for  by  law  and  the  rules  and  regulations  of 
said  board,  shall  be  liable  for  and  shall  pay  to  said  board  twice  the  amount  of 
such  tolls,  and  in  addition  thereto  the  sum  of  ten  dollars  over  and  above  such 
amount. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

STATE  HARBOR  COMMISSIONERS— EAST  STREET. 

To  empower  the  board  of  state  harbor  commissioners  to  rectify  the  alignment  of 
East  Street,  from  Pacific  Street  to  Market  Street,  in  the  city  and  county  of 
San  Francisco,  and  to  sell,  acquire,  and  condemn  adjacent  property. 

(Stats.  1891,  270,  ch.  CLXXXIX.) 

§  1.  The  board  of  state  harbor  commissioners  is  hereby  authorized  and  di- 
rected to  rectify  the  alignment  of  East  Street,  between  Pacific  Street  and  Market 
Street,  in  the  city  and  county  of  San  Francisco,  said  rectification  to  be  done  so 
as  to  straighten  the  property  lines  and  give  as  wide  and  commodious  a  thor- 
oughfare as  the  traffic  may  demand. 

§  2.  In  no  case  shall  the  alignment  of  the  westerly  side  of  said  thoroughfare 
extend  east  of  the  inner  line  of  the  thoroughfare  as  now  established  and  defined 
by  law. 

§  3.  The  jurisdiction  of  the  said  board  shall  be  westerly  to  the  line  as  estab- 
lished under  this  act. 

§  4.  The  board,  in  carrying  out  this  law,  shall  have  the  power  to  purchase  and 
sell,  and  to  exchange,  upon  a  legal  and  equitable  basis,  any  portion  or  portions 
of  the  property  adjacent  to  the  westerly  line  of  the  thoroughfare  herein  provided 
for ;  and  a  full  record  of  their  proceedings  shall  be  entered  upon  their  minutes, 
and  a  sworn  statement  of  all  transfers,  sales,  and  purchases,  and  other  transac- 
tions, shall  be  filed  with  the  secretary  of  state.  Said  statements  shall  show  in  full 
all  payments  and  receipts,  itemized  so  as  to  definitely  exhibit  the  price  or  prices 
of  each  parcel  of  land  transferred. 

§  5.  In  case  of  failure  on  the  part  of  the  interested  parties  to  come  to  a  satis- 
factory agreement,  the  board  shall  have  the  power  to  condemn,  as  in  other  cases, 
for  public  purposes. 

§  6.     This  act  shall  take  effect  from  and  after  its  passage. 

STATE  HARBOR  COMMISSIONERS— FREE   MARKET. 

To  amend  an  act  entitled  *'An  act  to  authorize  the  state  board  of  harbor  commis- 
sioners to  establish  and  maintain  a  free  public  market  upon  the  water  front 
of  San  Francisco,  and  providing  for  the  expenses  and  regulations  thereof," 
approved  March  twenty-ninth,  eighteen  hundred  and  ninety-seven. 

(Stats.  1903,  76,  ch.  LXVIII.) 

§  1.  The  board  of  state  harbor  commissioners  shall,  within  one  year  from  the 
passage  of  this  act,  set  apart  upon  some  convenient  portion  of  the  water  front 
of  San  Francisco  a  sufficient  number  of  blocks  and  parts  of  blocks  belonging  to 
the  state  contiguous  to  the  docks  and  piers  for  a  free  market  for  the  greater  por- 

Gen.  Laws — 81 


1283        STATE   HARBOR   COMMISSIONERS — FREE   MARKET   ON  WATER   FRONT. 

tion  of  all  the  perishable  products  of  the  state  of  California  arriving  in  San 
Francisco  by  land,  boat,  or  other  conveyance,  including  fruit,  vegetables,  eggs, 
poultry,  grain,  dairy  products,  and  fish,  and  shall  permit  the  sale  of  such  prod- 
ucts upon  said  blocks  and  portions  of  blocks  of  land  by  or  for  the  account  of  the 
producers  thereof  only,  under  such  regulations  as  may  be  prescribed  by  the  said 
board  of  harbor  commissioners  and  as  the  public  convenience  may  require. 

§  2.  The  land  so  set  apart  for  the  free  public  market  shall  be  as  convenient 
as  possible  to  that  portion  of  the  city  and  county  of  San  Francisco  in  which  the 
principal  wholesale  trade  in  perishable  products  is  now  carried  on,  and  must  be 
adjacent  and  contiguous  to  such  piers  and  docks  as  are  accessible  to  all  water- 
craft  ordinarily  employed  in  carrying  such  products  upon  the  waters  of  San 
Francisco  Bay  and  the  navigable  waters  contributing  thereto,  and  vessels  so  loaded 
shall  have  the  preference  at  all  times  at  docking  at  such  wharves  and  piers  con- 
tiguous to  said  lands  over  other  vessels  not  so  loaded. 

§  3.  Docking  room  at  said  piers  shall  be  assigned  without  partiality  to  all 
vessels  engaged  in  the  transportation  of  said  products,  and  the  space  assigned 
shall  be  sufficient  to  permit  such  vessels  regularly  running  upon  a  route  to  receive 
and  discharge  their  entire  cargoes  of  such  products  at  the  piers  aforesaid,  if  they 
so  desire,  subject  to  the  control  and  direction  of  the  board  of  state  harbor  com- 
missioners. And  the  said  board  of  state  harbor  commissioners  shall  construct 
car  tracks  to  connect  the  said  docks  and  piers  with  the  land  so  set  apart  for  the 
free  public  market  and  with  the  belt  railroad.  For  the  use  of  these  tracks  the 
state  harbor  commissioners  shall  prescribe  such  regulations  as  public  convenience 
may  require,  and  fix  the  compensation  to  be  paid  by  the  companies  making  use  of 
them  for  this  purpose. 

§  4.  The  harbor  commissioners  shall  suitably  inclose  said  free  market  and 
construct  suitable  tramways  and  tracks  or  other  devices  for  the  rapid  conveyance 
of  perishable  products  from  car  or  boat  or  other  conveyance  to  the  stalls  in  the 
free  market,  and  operate  the  same. 

§  5.  The  harbor  commissioners  shall  assign  space  within  the  free  market  to  all 
producers  of  perishable  products,  under  such  regulations  as  the  harbor  commis- 
sioners may  prescribe.  No  rental  shall  be  charged  for  space  in  the  free  mar- 
ket. Any  violation  of  this  act,  or  of  the  regulations  made  pursuant 
thereof,  shall  exclude  the  person  or  firm  guilty  of  such  violation  from  the 
privilege  of  selling  in  the  free  market,  during  the  pleasure  of  the  harbor  com- 
missioners, not  exceeding  one  year,  in  addition  to  any  other  penalty  which  may 
be  incurred  thereby. 

§  6.  For  the  payment  of  the  expenses  of  said  free  market  the  said  board  of 
state  harbor  commissioners  may,  in  their  judgment,  so  adjust  tolls  upon  the  said 
perishable  products  as  shall  be  delivered  into  said  free  market  as  to  provide  the 
necessary  revenue ;  provided,  however,  that  no  one  shall  be  compelled  to  enter  into 
said  free  public  market,  and  no  tolLs  for  the  purpose  of  paying  the  expen.ses  of 
said  free  market  shall  be  levied,  assessed,  or  inflicted  upon  any  products  not 
entering  into  said  free  public  market;  and  provided  further,  that  the  total  of 
such  tolls  so  levied  shall  not  exceed  the  total  expense  of  maintaining  such  free 
market. 

§  7.     The  officers  of  said  free  market  shall  be  a  superintendent  and  assisfnT^t 


STATE  HARBOR  COMMISSIONERS— INSURANCE— CONDEMNATIOIV   OF  LANDS.      1283 

superintendent,  who  shall  also  be  secretary,  and  such  other  employees  as  the 
state  board  of  harbor  commissioners  may  appoint.  The  salary  of  all  employees 
of  said  free  market  shall  be  fixed  by  the  state  board  of  harbor  commissioners, 
and  be  paid  out  of  the  general  fund  of  said  harbor  commission  the  same  as  other 
employees. 

§  8.  All  officers  and  employees  of  any  public  market  on  state  property  are 
officers  and  employees  of  the  state,  and  shall  qualify  in  the  same  manner  as 
other  employees,  and  give  such  bonds  as  the  harbor  commissioners  may  pre- 
scribe. 

§  9.  There  is  hereby  appropriated  out  of  the  San  Francisco  harbor  improve- 
ment fund  the  necessary  moneys  to  enable  the  harbor  commissioners  to  carry  this 
act  into  effect,  and  this  appropriation  shall  have  precedence  of  all  other  claims  on 
such  fund  for  improvements. 

The  Act  of  1897,  238,  ch.  CKXXV,  is  not  here  inserted,  because  this  so-called  "amenda- 
tory"  act   seems   to   entirely  supersede  the  former. 

STATE  HARBOR  COMMISSIONERS— INSURANCE. 

Empowering  and  authorizing  the  board  of  state  harbor  commissioners  to  insure 
against  loss  or  damage  by  fire  the  property  of  the  state  of  California  located 
on  the  water  front  at  San  Francisco,  California. 

(Stats.  1901,  809,  ch.  CCLIX.) 

§  1.  The  board  of  state  harbor  commissioners  are  hereby  empowered  and  au- 
thorized to  insure  against  loss  or  damage  by  fire  the  wharves,  docks,  piers,  slips, 
bulkheads,  and  structures  contained  thereon,  and  improvements  located  inside 
and  outside  of  the  water-front  line,  the  property  of  the  state  of  California,  and 
under  the  control  and  supervision  of  the  board  of  state  harbor  commissioners, 
situate  on  the  water  front  at  San  Francisco,  California. 

§  2.  This  insurance  is  to  be  effected  and  distributed  at  the  discretion  and 
under  the  direction  of  the  board  of  state  harbor  commissioners.  The  aggregate 
amount  of  such  fire  insurance  placed  not  to  exceed  the  sum  of  seven  hundred 
thousand  dollars,  and  the  cost  of  same  not  to  exceed  the  amount  of  fourteen  thou- 
sand dollars  in  premiums  for  policies  to  be  written  for  a  three  years'  term. 
Said  cost  to  be  defrayed  and  paid  out  of  the  San  Francisco  harbor  improve- 
ment fund.     [Amendment,  Stats.  1905,  295.] 

§  3.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed 

§  4.     This  act  shall  take  effect  immediately. 

STATE  HARBOR  COMMISSIONERS— TO   CONDEMN  LANDS. 

To  authorize  and  empower  the  board  of  state  harbor  commissioners  to  institute 
condemnation  proceedings  against  certain  property  on  the  corner  of  Market, 
Sacramento,  and  East  streets,  in  the  city  and  county  of  San  Francisco,  and 
extending  their  jurisdiction  over  the  same. 

(Stats.  1895,  79,  ch.  LXXXIX.) 

§  1.  For  the  purpose  of  acquiring  terminal  facilities  for  the  landing  of  pas- 
sengers to  and  from  the  passenger  and  ferry  depot  at  the  foot  of  Market  Street, 


12S4  STATE    HARBOR    COMMISSIONERS— TO    CONDEMN    LANDS. 

in  tlie  city  and  county  of  San  Francisco,  the  board  of  state  harbor  commissioners 
is  hereby  authorized  and  empowered  to  institute  condemnation  proceedings  in  the 
superior  court  of  the  city  and  county  of  San  Francisco,  against  all  parties  in 
interest  claiming  any  title  in  and  to  that  certain  lot,  piece,  or  parcel  of  land  in 
the  city  and  county  of  San  Francisco,  bounded  and  described  as  follows,  to  wit : 

Commencing  at  a  point  on  the  westerly  line  of  East  Street,  distant  thereon 
sixty  (60)  feet  and  four  (4)  inches  northerly  from  the  northwesterly  corner  of 
the  intersection  of  the  northerly  line  of  Market  Street  with  said  westerly  line  of 
East  Street;  thence  southerly  along  said  westerly  line  of  East  Street  sixty  (60) 
feet  and  four  (4)  inches  to  the  intersection  of  said  line  of  East  Street  with  the 
northerlj"  line  of  Market  Street;  thence  westerly  along  the  northerly  line  of 
Market  Street  eighteen  (18)  feet  and  six  (6)  inches  to  the  intersection  of 
the  northerly  line  of  Market  Street  with  the  north  line  of  Sacramento  Street ; 
thence  west  along  the  north  line  of  Sacramento  Street  seventy-nine  (79)  feet 
and  eleven  (11)  inches  to  a  point  on  said  north  line  of  Sacramento  Street; 
thence  northeasterly  to  the  point  of  beginning. 

§  2.  The  inshore  limit  of  the  jurisdiction  of  said  board  shall  be,  and  is  hereby, 
extended  so  as  to  include  the  lot  of  land  described  in  section  one  of  this  act, 

§  3.  The  board  of  state  harbor  commissioners  may  institute  any  action  or 
actions,  and  prosecute  the  same  to  final  judgment  for  the  condemnation  of  any 
portion  of  the  premises  described  in  section  one  of  this  act;  and  the  purposes 
herein  mentioned  are  hereby  declared  to  be  a  public  use  in  which  the  right  of 
eminent  domain  may  be  exercised  by  the  board  of  state  harbor  commissioners  in 
the  name  of  the  people  of  the  state,  for  the  estates  and  rights,  and  in  the  manner 
provided  in  part  three,  title  seven,  of  the  Code  of  Civil  Procedure  of  this  state. 

§  4.  The  board  of  state  harbor  commissioners  is  hereby  authorized  to  pay  any 
judgment  rendered  against  them  in  such  condemnation  proceedings,  by  a  draft 
drawn  upon  the  controller  of  the  state,  who  shall  draw  his  warrant  therefor  on 
the  state  treasury,  payable  out  of  any  money  in  said  treasury  credited  to  the 
San  Francisco  harbor  improvement  fund. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

STATE  HOSPITAL— MINERS. 

To  provide  a  state  hospital  and  asylum  for  miners. 
(Stats.  1881,  83,  ch.  LXXII.) 

§  1,  There  shall  be  erected,  as  soon  as  conveniently  may  be,  upon  some  suitable 
site,  to  be  determined  and  obtained  as  is  hereinafter  proivided,  a  public  hospital 
and  asylum  for  the  reception,  care,  medical,  and  surgical  treatment,  and  relief 
of  the  sick,  injured,  disabled,  and  aged  miners,  which  shall  be  known  as  the 
"California  State  Miners'  Hospital  and  Asylum." 

§  2.  The  governor  shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  senate  appoint  five  persons  to  serve  as  trustees  of  the  said  institution,  who 
shall  be  a  body  politic  and  corporate  by  the  name  and  style  of  the  "Trustees  of 
the  California  State  Miners'  Hospital  Asylum,"  and  shall  manage  and  direct 
the  concerns  of  the  institution,  and  make  all  necessary  by-laws  and  regulations, 
and  shall  have  power  to  receive,  hold,  dispose  of,  and  convey  all  real  and  personal 


STATE    HOSPITALS — MINERS — STATE    MINING     BL'REAU.  1285 

property  conveyed  to  them  by  gift,  devise,  or  otherwise,  for  the  use  of  said  insti- 
tution, and  shall  serve  without  compensation.  Of  those  first  appointed,  two  shall 
serve  for  two  years,  and  three  for  four  years;  and  at  the  expiration  of  the 
respective  terms,  each  class  thereafter  shall  be  appointed  for  four  years.  A 
vacancy  in  said  board,  from  any  cause,  shall  be  filled  by  appointment  by  the 
governor  for  the  unexpired  term. 

§  3.  The  said  trustees  shall  have  charge  of  the  general  interests  of  the  institu- 
tion ;  they  shall  appoint  the  superintendent,  who  shall  be  a  skilful  physician  and 
surgeon,  subject  to  removal  or  re-election  no  oftener  than  in  periods  of  ten  years, 
except  by  infidelity  to  the  trust  reposed  in  him,  or  for  incompetency. 

§  4.  The  trustees,  by  and  with  the  consent  of  the  governor,  shall  make  such 
by-laws  and  regulations  for  the  government  of  the  institution  as  shall  be  neces- 
sary; they  shall  appoint  a  treasurer,  who  shall  give  bonds  to  the  people  of  the 
state  of  California  for  the  faithful  discharge  of  his  duties;  and  they  shall  fix 
the  compensation  of  all  officers,  assistants,  and  attaches,  who  may  be  necessary 
for  the  just  and  economical  administration  of  the  affairs  of  said  institution. 

§  5.  Indigent  miners  shall  be  charged  for  medical  attendance,  surgical  opera- 
tions, board,  and  nursing  while  residents  in  the  hospital  and  asylum,  no  more 
than  the  pctual  cost;  paying  patients,  whose  friends  can  pay  their  expenses,  and 
who  are  not  chargeable  upon  townships  and  counties,  shall  pay  according  to  the 
terms  directed  by  the  trustees. 

§  6.  The  several  boards  of  supervisors  of  counties,  or  any  constituted  author- 
ity in  the  state  having  care  and  charge  of  any  indigent  sick,  or  aged  person  or  per- 
sons, if  satisfactorily  proven  by  them  to  have  been  miners,  shall  have  authority 
to  send  to  the  "California  State  Miners'  Hospital  and  Asylum"  such  persons, 
and  they  shall  be  severally  chargeable  with  the  expenses  of  the  care,  maintenance, 
and  treatment,  and  removal  to  and  from  the  hospital  and  asylum  of  such  patients. 

§  7.  The  trustees  shall  annually,  at  such  time  as  the  governor  may  designate, 
report  to  him,  for  transmission  to  the  legislature,  such  a  statement  as  he  may 
require  as  to  the  management  of  the  said  hospital  and  asylum. 

§  8.     This  act  shall  take  effect  immediately. 

STATE  MINERALOGIST. 

See  tit.  State  Analyst. 

STATE  MINING  BUREAU. 

To  provide  for  the  establishment,  maintenance  and  support  of  a  bureau,  to  be 
known  as  the  state  mining  bureau,  and  for  the  appointment  and  duties  of  a 
board  of  trustees,  to  be  known  as  the  board  of  trustees  of  the  state  mining 
bureau,  who  shall  have  the  direction,  management  and  control  of  said  state 
mining  bureau  and  to  provide  for  the  appointment,  duties  and  compensation 
of  a  state  mineralogist,  who  shall  perform  the  duties  of  his  office,  under  the 
control,  direction,  and  supervision  of  the  board  of  trustees  of  the  state  min- 
ing bureau. 

(Stats.  1893,  203,  ch.  CLXXIII;  amended  1903,  113,  ch.  CI.) 

§  1,  There  shall  be  and  there  is  hereby  established  in  the  state  of  California 
a  mining  bureau,  the  principal  office  of  which  shall  be  maintained  in  the  city  of 


1286  STATE   MINING   BUREAU — ESTABLISHMENT   AND    MAINTENANCE. 

San  Francisco,  which  said  mining  bureau  shall  be  under  the  supervision  of  a 
board  of  trustees,  to  be  known  as  the  board  of  trustees  of  the  state  mining 
bureau ;  and  it  shall  be  the  duty  of,  and  the  governor  of  the  state  of  California 
is  hereby  authorized  and  empowered,  to  appoint  five  residents  and  citizens  of  the 
state  to  be  such  trustees. 

§  2.  The  appointees  shall  take  the  same  oath  of  office  as  other  state  officers, 
and  when  duly  qualified  and  assembled  shall  constitute  the  board  of  trustees  of 
the  state  mining  bureau.  They  shall  hold  office  for  four  years  from  the  date  of 
their  appointment,  or  until  the  qualification  of  their  successors,  and  shall  receive 
no  compensation  for  their  services.  They  shall  have  control  of  all  properties  and 
funds  of  said  bureau,  and  shall  have  the  power  by  the  name  of  said  board  to  sue 
and  defend.  Three  of  them  shall  constitute  a  quorum  for  the  transaction  of 
business.  They  shall  elect  one  of  their  number  to  be  president  of  said  board, 
and  shall  keep  a  record  of  their  proceedings.  They  shall  adopt  rules  and  regula- 
tions for  their  government  not  in  conflict  with  the  laws  of  the  state. 

§  3.  It  shall  be  the  duty  of  the  governor  of  the  state  of  California,  and  he  is 
hereby  empowered  to  appoint  a  citizen  and  resident  of  this  state,  having  a 
practical  and  scientific  knowledge  of  mining  and  mineralogy,  to  the  office  of  state 
mineralogist,  which  office  is  hereby  created.  Said  state  mineralogist  shall  hold 
his  office  for  the  term  of  four  years  from  the  date  of  his  appointment,  or  until 
the  qualification  of  his  successor.  He  shall  take  and  subscribe  the  same  oath  of 
office  as  the  other  state  officers,  and  shall  give  bond  for  the  faithful  performance 
of  his  duties  in  the  sum  of  twenty-five  thousand  dollars,  said  bond  to  be  approved 
by  the  governor  of  the  state  of  California.  He  shall  receive  for  his  services  a 
salary  of  two  hundred  and  fifty  dollars  per  month,  to  be  paid  in  the  same  manner 
as  the  salaries  of  other  state  officers,  and  shall  also  receive  his  necessary  traveling 
expenses  when  traveling  on  the  business  of  his  office,  said  expenses,  when  ap- 
proved by  the  board  of  trustees  of  the  mining  bureau,  to  be  allowed  and  audited 
by  the  state  board  of  examiners.  The  said  salary  and  expenses  shall  be  paid  out 
of  the  mining  bureau  fund,  herein  provided  for,  and  not  otherwise. 

§  4.  It  shall  be  the  duty  of  said  state  mineralogist  to  make,  facilitate,  and 
encourage  special  studies  of  the  mineral  resources  and  mineral  industries  of  the 
state.  It  shall  be  his  duty:  To  collect  statistics  concerning  the  occurrence  of 
the  economically  important  minerals  and  the  methods  pursued  in  making  their 
valuable  constituents  available  for  commercial  use;  to  make  a  collection  of  typical 
geological  and  mineralogical  specimens,  especially  those  of  economic  or  com- 
mercial importance,  such  collection  constituting  the  museum  of  the  state  mining 
bureau ;  to  provide  a  library  of  books,  reports,  and  dra\vings  bearing  upon  the 
mineral  industries,  the  sciences  of  mineralogy  and  geology,  and  the  arts  of  mining 
and  metallurgy,  such  library  constituting  the  library  of  the  state  mining  bureau ; 
to  make  a  collection  of  models,  drawings,  and  descriptions  of  the  mechanical 
appliances  used  in  mining  and  metallurgical  processes ;  to  preserve  and  so  main- 
tain such  collections  and  library  as  to  make  them  available  for  reference  and 
examination,  and  open  to  public  inspection  at  reasonable  hours;  to  maintain, 
in  efi'eet,  a  bureau  of  information  concerning  the  mineral  industries  of  this 
state,  to  consist  of  such  collections  and  library,  and  to  arrange,  classify,  cata- 
logue, and  index  the  data  therein  contained,  in  a  manner  to  make  the 
information    available    to    those    desiring    it,   and    to    provide    a  custodian 


STATE   MISlING   BUREAU — BOARD   OF  TRUSTEES— POWERS    AND   DUTIES.        1287 

specially  qualified  to  promote  this  purpose;  to  make  a  biennial  report 
to  the  board  of  trustees  of  the  mining  bureau,  setting  forth  the  im- 
portant results  of  his  work,  and  to  issue  from  time  to  time  such 
bulletins  as  he  may  deem  advisable  concerning  the  statistics  and  technology  of 
the  mineral  industries  of  this  state. 

§  5.  Said  state  mineralogist  shall  have  the  right  to  appoint  competent  assist- 
ants and  qualified  specialists  when  necessary  in  the  execution  of  his  plans,  and 
fix  their  compensations,  but  all  such  appointments  and  compensations  shall  be 
subject  to  the  appro^val  and  confirmation  of  said  board  of  trustees,  and  shall  not 
become  efi^ective  unless  so  confirmed  and  approved.  And  it  shall  be  the  duty  of 
the  state  mineralogist  to  consult  the  said  board  of  trustees  upon  all  matters 
appertaining  to  his  official  duties,  and  he  shall  at  all  times  perform  such  duties 
subject  to  the  supervision  and  approval  of  said  board  of  trustees. 

§  6.  It  shall  be  the  duty  of  the  board  of  trustees  of  the  state  mining  bureau, 
when  the  funds  of  said  mining  bureau  will  permit,  to  procure  and  maintain  the 
necessary  rooms  and  furniture  for  the  offices  and  uses  of  the  said  board  of 
trustees  and  the  state  mineralogist,  and  the  museum  and  library  of  the  mining 
bureau,  in  San  Francisco;  provided,  however,  that  the  entire  expenses  of  the 
state  mining  bureau  for  salaries,  assistance,  light,  rent,  fuel,  furniture,  and  all 
other  things  pertaining  to  said  bureau  must  not,  in  any  one  year,  be  greater  than 
can  be  paid  out  of  the  mining  bureau  fund  herein  provided. 

§  7.  The  board  of  trustees  of  the  state  mining  bureau  shall  manage  and  con- 
trol all  the  finances  of  said  mining  bureau,  and  shall  make  rules  regulating  the 
custody  and  disbursement  of  the  funds  of  the  state  mining  bureau,  and  the 
mode  of  drawing  the  same  from  the  state  treasury. 

§  8.  The  board  of  trustees  of  the  state  mining  bureau  shall  biennially  report 
to  the  governor  of  the  state  the  condition  of  the  bureau,  with  a  statement  of 
the  receipts  and  disbursements  in  detail,  and  with  said  reports  shall  be  incor- 
porated the  biennial  report  of  the  state  mineralogist,  and  the  report  of  said 
board  of  trustees  and  state  mineralogist  shall  be  printed  as  are  the  reports  of 
the  other  state  officers.  The  board  is  hereby  empowered  to  fix  a  price  upon,  and 
to  dispose  of  to  the  public,  at  such  price,  any  and  all  publications  of  the  bureau, 
including  reports,  bulletins,  maps,  registers,  etc.  The  sum  derived  from  such 
disposition  must  be  accounted  for  and  used  as  a  revolving  printing  and  publish- 
ing fund  for  other  reports,  bulletins,  maps,  registers,  etc.  The  prices  fixed  must 
approximate  the  actual  cost  of  printing  and  issuing  the  respective  reports,  bul- 
letins, maps,  registers,  etc.,  wnthout  reference  to  the  cost  of  obtaining  and  pre- 
paring the  information  embraced  therein.     [Amendment,  Stats.  1903,  113.] 

§  9.  The  board  of  trustees  of  the  state  mining  bureau  are  hereby  empowered 
and  authorized  to  receive,  on  behalf  of  the  state,  for  the  use  and  benefit  of  the 
state  mining  bureau,  gifts,  beque.sts,  devises,  and  legacies  of  real  or  other  prop- 
erty, and  to  use  the  same  in  accordance  with  the  wishes  of  the  donors,  and  if 
no  instructions  are  given  by  said  donors,  to  manage,  use,  and  dispose  of  the  said 
gifts,  bequests,  and  legacies  for  the  best  interests  of  the  said  mining  bureau  in 
the  manner  they  may  deem  proper. 

§  10.  The  state  mineralogist  may,  with  the  approval  of  the  board  of  trustees 
of  the  state  mining  bureau,  prepare  a  special  collection  of  ores  and  minerals  of 


1288        STATE   MINING  BUREAU— BUREAU   FUND— DUTY    OF   TAX    COLLECTOR. 

California,  to  be  sent  to  any  world's  fair  or  exposition  at  which  they  may  deem 
it  advisable  or  desirable  to  display  the  mineral  wealth  of  the  state. 

§  11.  The  mining  bureau  fund  herein  mentioned,  and  out  of  which  all  the 
expenses  of  the  state  mining  bureau  shall  be  paid,  shall  consist  of  such  property 
or  moneys  as  may  come  into  the  hands  of  the  board  of  trustees  of  said  bureau 
by  gift,  bequest,  devise,  or  legacy ;  of  such  moneys  as  may  from  time  to  time, 
be  appropriated  by  the  legislature  of  the  state  for  the  use  of  said  bureau,  and 
of  such  moneys  as  shall  be  paid  into  the  state  treasury  for  the  use  and  benefit 
of  said  bureau,  as  provided  in  the  following  section. 

§  12,  It  shall  be  the  duty  of  the  tax  collectors  in  the  several  counties  in  the 
state  and  of  the  license  collector  of  the  city  and  county  of  San  Francisco,  on 
the  second  Monday  in  January,  April,  July,  and  October,  in  each  year,  to  trans- 
mit by  express,  to  the  state  treasury,  all  moneys  collected  by  them  from  mining 
corporations,  or  from  corporations  formed  for  milling  ores,  or  for  supplying 
water  for  mining  purposes  under  or  by  virtue  of  the  act  entitled  "An  act  im- 
posing a  tax  on  the  issue  of  certificates  of  stock  corporations,"  approved  April 
first,  eighteen  hundred  and  seventy-eight,  and  to  forward  to  the  state  controller, 
by  mail,  a  certificate  showing  the  amount  of  money  so  forwarded  to  the  state 
treasurer,  and  the  date  when  the  same  was  transmitted,  and  also  showing  the 
names  of  the  several  corporations  from  which  the  same  was  received,  and  the 
amount  received  from  each.  The  state  treasurer  shall  receive  the  amounts  so 
transmitted,  and  give  duplicate  receipts  therefor,  one  of  which  shall  be  filed 
with  the  state  controller,  and  the  other  shall  be  forwarded  to  the  collector  from 
whoni  the  money  was  received;  and  after  paying  out  of  the  money  so  received 
the  charges  for  the  transmission  thereof,  the  amount  of  which  shall  be  noted  on 
the  receipt  filed  with  the  state  controller,  he  shall  retain  the  remainder  in  his 
hands  and  place  it  in  the  mining  bureau  fund,  said  mining  bureau  fund  to  be 
used  only  in  the  payment  of  drafts  made  for  the  expenses  of  the  mining  bureau 
established  under  this  act. 

§  13.  Such  tax  collectors  and  license  collectors  shall  hereafter  be  required 
to  pay  into  the  county  treasuries  of  their  respective  counties  only  that  portion 
of  the  moneys  collected  by  them  under  the  act  of  the  legislature  mentioned  in 
the  last  preceding  section,  approved  April  first,  eighteen  hundred  and  seventy- 
eight,  which  is  collected  from  corporations  other  than  those  mentioned  in  section 
twelve  of  this  act. 

§  14.  The  board  of  trustees  now  known  as  the  board  of  trustees  of  the  state 
mining  bureau  shall  perform  the  duties  of  the  board  of  trustees  of  the  state 
mining  bureau,  as  in  this  act  provided,  and  administer  the  affairs  of  the 
state  mining  bureau,  as  in  this  act  provided,  until  the  appointment  and  qualifica- 
tion of  their  successors,  as  in  this  act  provided,  and  the  state  mineralogist,  now 
performing  the  duties  of  the  office  of  state  mineralogist,  shall  perform  the  duties 
of  the  office  of  state  mineralogist,  as  in  this  act  provided,  until  the  appointment 
and  qualification  of  his  successor,  as  in  this  act  provided. 

§  15.  The  act  entitled  "An  act  to  provide  for  the  establishment  and  mainte- 
nance of  a  mining  bureau,"  approved  April  sixteenth,  eighteen  hundred  and 
eighty,  and  the  act  entitled  "An  act  supplementary  to  an  act  entitled  'An  act 
for  the  establishment  and  maintenance  of  a  raining  bureau,'  approved  April 


STATE    MONEYS— DEPOSIT     OF— DEPOSITARIES.  1289 

sixteenth,  eighteen  hundred  and  eighty,"  approved  March  twenty-first,  eighteen 
hundred  and  eighty-five,  and  all  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed. 

§  16.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

STATE   MONEYS— DEPOSITS. 

To  authorize  the  deposit  of  state  moneys  in  banks  in  this  state,  and  to  repeal 

all  acts  or  parts  of  acts  in  conflict  with  this  act. 

(Stats.  1905,  323,  ch.  CCCVIII.) 

§  1.  All  moneys  in  the  state  treasury  belonging  to  the  state  not  immedi- 
ately required  to  meet  current  expenditures  may  be  deposited  by  the  state 
treasurer  to  the  credit  of  the  state  in  such  state  or  national  bank,  or  banks, 
in  the  state,  as  the  treasurer,  with  the  approval  of  the  governor  and  state  con- 
troller, shall  select  for  the  safe-keeping  of  such  deposits,  and  any  sum  so 
deposited  shall  be  deemed  to  be  in  the  state  treasury;  provided,  that  the 
bank  or  banks  in  which  such  money  is  deposited  shall  furnish  security  as 
hereinafter  provided,  and  provided  further,  that  such  depositary  bank  or 
banks  be  selected  from  those  agreeing  to  pay  the  highest  rate  of  interest, 
not  less  than  two  per  centum  per  annum,  for  such  deposits,  as  may  be  deter- 
mined by  bids  to  be  submitted  at  such  times  and  in  such  manner,  as  the 
treasurer,  with  the  approval  of  the  governor  and  state  controller,  shall  direct; 
provided,  that  not  more  than  one  tenth  of  the  aggregate  amount  of  state 
moneys  available  for  deposit  and  on  deposit  shall  be  deposited  in  any  one 
bank,  and  provided  further,  that  such  deposit  shall  not  exceed  twenty-five  per 
centum  of  the  paid-up  capital,  exclusive  of  reserve  and  surplus,  of  any  deposi- 
tary bank.  Any  and  all  bids  may  be  rejected  by  the  treasurer,  with  the 
approval  of  the  governor  and  state  controller,  and  new  bids  asked  for.  The 
expense  of  transportation  of  moneys  to  and  from  the  state  treasury  to  such 
depositaries  shall  be  borne  by  such  depositaries.  Said  deposits,  with  interest 
thereon,  shall  be  subject  to  wathdrawal  at  any  time  upon  the  demand  of  the 
state  treasurer,  or  upon  presentation  of  a  certificate  of  deposit  properly 
indorsed. 

§  2.  The  interest  to  be  paid  by  any  such  depositary  bank  shall  be  on  the 
average  daily  balances  of  the  state  moneys  kept  on  deposit  therewith,  and 
shall  be  paid  and  credited  to  the  state  monthly  on  the  first  day  of  each  and 
every  month,  and  such  interest  shall  accrue  to  the  general  fund  of  the  state 
treasury. 

§  3.  For  the  security  of  the  funds  deposited  by  the  state  treasurer  under 
the  provisions  of  this  act,  there  shall  be  deposited  with  the  treasurer  bonds 
of  the  United  States,  or  of  this  state,  or  of  any  county,  municipality  or  school 
district  within  this  state,  which  bonds  shall  be  approved  by  the  governor, 
controller  and  treasurer,  to  an  amount  in  value  at  least  ten  per  centum  in 
excess  of  the  amount  of  the  deposit  with  such  bank  or  banks;  and  if  in  any 
case,  or  at  any  time,  such  bonds  are  not  deemed  satisfactory  security  to  the 
governor,  controller  and  treasurer,  they  may  require  such  additional  security 
as  may  be  satisfactory  to  them.  Said  bonds  or  any  part  thereof  may  be  with- 
drawn on  the  written  consent  of  the  governor,  controller  and  treasurer;  pro- 


1290  STATE   MONEYS— DEPOSITARIES— DUTY    OF    TREASURER. 

vided,  that  a  sufficient  amount  of  said  bonds  to  secure  said  deposits  shall 
always  be  kept  in  the  treasury;  and  in  the  event  that  said  bank  or  banks  of 
deposit  shall  fail  to  pay  such  deposits  or  any  part  thereof  on  the  demand 
of  the  state  treasurer,  or  upon  any  presentation  of  a  certificate  of  deposit 
properly  indorsed,  then  it  shall  be  the  duty  of  the  state  treasurer  to  forthwith 
convert  said  bonds  into  money  and  to  disburse  the  same  according  to  law. 

§  4.  The  treasurer  shall  take  from  such  depositary  or  depositaries  a  writ- 
ten contract,  in  duplicate,  setting  forth  the  conditions  and  terms  upon  which 
the  funds  of  the  state  are  deposited  therewith,  one  of  which  shall  be  filed  with 
the  controller.  One  provision  of  said  contract  shall  be  that  each  depositary 
shall  at  the  end  of  each  month  render  to  the  treasurer  a  statement  in  duplicate 
showing  the  daily  balances  or  amount  of  money  of  the  state  held  by  it  during 
the  month  and  the  amount  of  the  accrued  interest  thereon  separately,  one  of 
which  shall  be  filed  by  the  treasurer  with  the  controller.  The  treasurer  shall 
annually  on  the  first  day  of  July  furnish  each  depositary  bank  with  a  state- 
ment showing  the  amount  and  description  of  the  bonds  on  deposit  with  him 
by  such  bank  to  secure  state  deposits. 

§  5.  The  treasurer,  with  the  approval  of  the  governor  and  controller,  shall, 
if  in  his  judgment  it  shall  appear  necessary  for  the  security  of  the  state, 
require  said  banks  of  deposit  to  give  an  indemnity  bond,  the  sureties  on  which 
shall  not  be  interested  as  stockholders  in  said  bank  or  banks,  to  be  approved 
by  the  governor,  controller  and  treasurer,  to  secure  the  state  against  loss  by 
any  depreciation  in  value  that  may  occur  in  such  bonds  held  by  him  as  security 
for  the  safe-keeping  and  prompt  payment  of  the  state  moneys  in  such  de- 
positaries. 

§  6.  The  state  treasurer  shall  not  be  responsible  for  any  moneys  deposited 
in  a  bank  or  in  banks  under  the  provisions  of  this  act  while  the  same  remain 
there  deposited  with  the  consent  of  the  governor  and  controller ;  but  the  treas- 
urer shall  be  chargeable  with  the  safe-keeping,  management  and  disbursement 
of  the  bonds  and  certificates  of  deposit  deposited  with  him  as  security  for 
deposits  of  state  moneys,  and  with  the  interests  thereon,  and  the  proceeds  of 
any  sale  under  the  provisions  of  this  act. 

§  7.  At  the  time  of  depositing  state  money  in  any  bank  designated  as  a 
depositary  the  treasurer  shall  take  a  certificate  or  certificates  of  deposit 
made  payable  to  the  treasurer  of  state  in  such  sum  or  sums  as  he  shall  deem 
advisable.  Such  certificate  or  certificates  of  deposit  in  the  possession  of  the 
treasurer  shall  be  deemed  and  counted  as  cash  by  the  state  board  of  exam- 
iners. Controller's  warrants  drawn  upon  the  state  treasury  may  be  paid  by 
such  certificates  of  deposit  when  properly  indorsed  by  the  treasurer  the  same 
as  in  cash. 

§  8.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  expressly 
repealed. 

§  9.     This  act  shall  take  effect  on  July  first,  nineteen  hundred  and  five. 

STATE  OFFICERS— CONTRACTS,  ETC.,  BY. 

Concerning,  confirming,  and  ratifying  leases  and  other  contracts  made  by  any 
officer  or  boards  of  officers  of  this  state. 
(Stats.  1901,  601,  ch.  CXCV.) 


state:   PRISOAS — regulation   and   government    of.  1391 

§  1.  All  leases  for  terminal  facilities  made  or  executed  by  any  state  officer 
or  board  of  state  officers  to  any  person,  persons  or  corporation  within  two  years 
prior  to  the  passage  of  this  act  and  which  shall  be  on  file  in  the  office  of  the 
secretary  of  state  on  or  before  February  fifteenth,  nineteen  hundred  and  one, 
are  hereby  recognized,  approved  and  ratified,  and  the  terms,  covenants  and  con- 
ditions thereof  shall  bind  the  parties  thereto,  their  successors  and  assigns,  and 
the  state  of  California. 

§  2.  The  lease  of  the  lands  known  as  China  Basin  in  the  city  and  county  of 
San  Francisco  to  the  San  Francisco  and  San  Joaquin  Valley  Railway  Company 
for  terminal  facilities,  inade  on  November  twenty-first,  nineteen  hundred,  by 
and  between  said  company  and  the  board  of  state  harbor  commissioners,  is  hereby 
approved  and  ratified,  and  the  covenants,  conditions  and  terms  thereof  shall  bind 
the  parties  thereto,  their  successors  and  assigns,  and  the  state  of  California. 

§  3.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 

STATE  PRISONS. 

To  regulate  and  govern  the  state  prisons  of  California. 

(Stats.  1889,  404,  ch.  CCLXIV;  amended  1905,  520,  ch.  CCCXCVIII;  1905,  724, 

ch.  DLIX.) 

§  1.  The  state  prisons  of  this  state  shall  be  known  as  the  state  prison  at  San 
Quentin,  which  shall  have  an  official  staff  conforming  to  the  laws  of  the  state 
in  relation  to  state  prisons;  and  the  state  prison  at  Folsom,  which  shall  have  a 
similar  staff  and  be  similarly  organized,  and  all  the  finances  and  accounts  of  the 
two  prisons  shall  be  kept  separate  and  apart  from  each  other. 

§  2.  For  the  government  and  management  of  the  California  state  prisons, 
there  shall  be  appointed  by  the  governor,  by  and  under  the  advice  of  the  senate, 
five  directors,  who  shall  hold  their  office  for  the  term  of  ten  years,  from  and  after 
the  date  of  such  appointment ;  such  appointments  to  be  made  as  vacancies  occur 
in  the  board  as  it  now  exists.  In  ca.se  of  death  or  resignation  of  a  director,  his 
successor  shall  be  appointed  to  fill  the  unexpired  term  of  such  director  by  the 
governor,  by  and  with  the  advice  of  the  senate.  Each  director  shall  subscribe 
an  oath  of  office,  which  shall  be  indorsed  on  his  commission,  within  ten  days 
after  receiving  written  notice  of  such  appointment,  and  a  duplicate  of  such  oath 
shall  also  be  filed  with  the  secretary  of  state. 

§  3.  At  the  first  meeting  of  the  board  of  directors  in  the  year  eighteen  hun- 
dren  and  ninety,  and  annually  thereafter,  they  shall  elect  one  of  their  members 
president  of  the  board,  whose  duty  it  shall  be  to  preside  at  the  meeting  of  the 
board,  and  to  perform  such  other  duties  as  may,  from  time  to  time,  be  prescribed 
by  the  rules  and  regulations  for  the  government  of  the  board. 

§  4.  Three  members  of  the  board  shall  constitute  a  quorum  for  the  transaction 
of  all  business,  but  no  order  of  the  board  shall  be  valid  unless  concurred  in  by 
three  or  more  members. 

§  5.  It  shall  be  the  duty  of  the  directors  to  determine  the  necessary  officers 
and  employees  of  the  prisons  other  than  those  of  the  wardens  and  clerks,  specify- 
ing their  duties  severally,  and  fixing  their  salaries ;  to  prescribe  rules  and  regu- 


j29a  STATE    PRISONS— DUTY    OF   DIRECTORS    OF— WARDEN. 

lations  for  the  government  of  the  prisons,  and  to  revise  and  change  the  same 
from  time  to  time  as  circumstances  may  require,  and  to  board  and  lodge  the 
officers  and  employees,  or  allow  them  a  money  commutation  in  lieu  thereof; 
provided,  the  warden  may  make  temporary  rules,  in  cases  of  emergency,  to  re- 
main in  force  until  the  succeeding  meeting  of  the  board.  At  least  three  of 
the  directors  shall  visit  the  prisons  once  in  each  month,  and  oftener  if  necessary, 
at  such  time  as  they  may  select.  The  directors  shall  audit  all  claims  for  supplies, 
services,  and  expenses  of  officers  and  employees,  and  all  other  demands  against 
the  prison. 

Second — To  enter  or  cause  to  be  entered  on  their  journal  by  the  clerks  all 
official  acts  which  shall  be  signed  by  at  least  three  members  of  the  board. 

Third — On  or  before  the  first  day  of  December  of  each  year  to  report  to  the 
governor  the  condition  of  the  prisons,  together  with  detailed  statements  of  re- 
ceipts and  expenditures,  and  such  suggestions  concerning  the  prisoners  as  may 
appear  to  be  necessary  and  expedient. 

Fourth— The  board  of  directors  shall  also  adopt  rules  and  regulations  not 
inconsistent  with  the  constitution  and  the  laws  of  the  state  of  California  for 
the  government  of  the  board,  and  may  change  the  same  at  their  pleasure. 

Fifth — The  board  of  directors  shall  have  power  to  establish  an  office  in  San 
Francisco,  and  employ  a  secretary. 

§  6.  The  directors  shall  appoint  a  warden  for  each  prison,  who  shall  take 
and  subscribe  an  oath  or  affirmation  faithfully  to  discharge  the  duties  of  his 
office,  as  prescribed  by  law,  and  by  the  rules  and  regulations  of  the  board  of 
directors,  and  to  enter  into  a  bond  to  the  state  of  California,  in  the  sum  of 
twenty-five  thousand  dollars,  with  two  or  more  sufficient  sureties,  to  be  approved 
by  the  directors  and  the  attorney-general  of  the  state,  conditioned  to  the  faithful 
performance  of  such  duties  as  such  officer  aforesaid,  and  he  shall  hold  his  office 
four  years  after  such  appointment;  the  first  appointments  after  the  adoption 
of  this  act  to  take  place  at  the  expiration  of  the  present  term  of  office  of  the 
present  incumbents  thereof,  or  when  such  office  becomes  vacant. 

§  7.  The  wardens  shall  reside  at  the  state  prisons  to  which  they  are  respect- 
ively assigned,  in  houses  provided  and  furnished  at  the  expense  of  the  state,  as 
may  be  ordered  by  the  board  of  directors,  and  it  shall  be  their  duty — 

First — To  fill  all  subordinate  positions  that  may  be  created  by  order  of  the 
board  of  directors  by  appointment  of  suitable  persons  thereto. 

Second— Under  the  order  and  direction  of  the  board  to  prosecute  all  suits  at 
law  or  in  equity  that  may  be  necessary  to  protect  the  rights  of  the  state  in  matters 
or  property  connected  with  the  prisons  and  their  management,  such  suits  to 
be  prosecuted  in  the  name  of  the  board  of  state  prison  directors. 

Third — To  supervise  the  government,  discipline,  and  police  of  the  prisons,  and 
to  enforce  all  orders  and  regulations  of  the  board  in  respect  to  such  prisons. 
A  registry  of  convicts  shall  be  kept  by  him,  and  in  which  shall  be  entered  the 
,name  of  each  convict,  the  crime  of  which  he  is  convicted,  the  period  of  his  sen- 
tence, from  what  county  sentenced,  by  what  court  sentenced,  his  nativity,  to 
what  degree  educated,  at  what  in.stitution  and  under  what  system,  an  accurate 
description  of  his  person, 'and  whether  he  has  been  previously  confined  in  a 
state  prison  in  this  or  any  other  state,  and  if  so,  when  and  how  he  was  discharged. 
Fourth — He  shall  report  to  the  governor,  before  the  twentieth  of  each  month, 


STATE    PRISONS — RELEASE    OF    PRISONERS— CLERKS    FOR    PRISONS.  1203 

the  names  of  all  prisoners  whose  terms  are  about  to  expire,  giving  in  such  report 
the  terms  of  their  sentences,  the  date  of  imprisonment,  the  amount  of  total  credits 
to  the  date  of  such  report,  and  the  date  when  their  service  would  expire  by  limi- 
tation of  sentence. 

Fifth — To  perform  such  other  duties  as  may  be  prescribed  by  the  board  of 
directors. 

§  71/2.  The  governor,  at  the  expiration  of  the  term  for  which  any  prisoner 
has  been  sentenced,  less  the  number  of  days  allowed  and  credited  to  him, 
must  order  the  release  of  such  prisoner,  by  an  order  under  his  hand,  addressed 
to  the  warden  of  the  prison  in  which  he  has  been  confined,  in  such  mode  and 
form  as  he  may  deem  proper,  and  with  or  without  restoration  to  citizenship, 
according  to  his  discretion,  and  if  he  order  the  release  of  such  prisoner  without 
restoration  to  citizenship,  he  may  at  any  time  thereafter,  in  his  discretion, 
make  a  further  order  restoring  to  citizenship  the  prisoner  so  released.  [New 
section  added.  Stats.  1905.    In  effect  immediately.] 

§  8.  The  board  of  directors  shall  appoint  a  clerk  for  each  prison,  who  shall 
take  an  oath  of  office,  and  enter  into  a  bond  to  the  state,  with  sureties  satis- 
factory to  the  board,  in  the  sum  of  ten  thousand  dollars,  conditioned  that 
they  will  faithfully  discharge  the  duties  required  of  them.  The  clerks  shall 
hold  their  office  for  the  period  of  four  years  after  such  appointments ;  the  first 
appointments  after  the  adoption  of  this  act  to  take  place  at  the  expiration  of 
the  present  term  of  office  of  the  present  incumbents  thereof,  or  when  such  office 
becomes  vacant. 

§  9.  The  clerks  shall  keep  the  accounts  of  the  prisons  to  which  they  are 
severally  appointed  in  such  manner  as  to  exhibit  clearly  all  its  financial  trans- 
actions; and  the  clerks  shall  perform  such  other  duties  as  may  from  time  to 
time  be  required  of  them  by  the  board  of  directors. 

§  10.  No  person  shall  be  appointed  to  any  office  by  the  wardens,  or  be 
employed  in  the  prisons  on  behalf  of  the  state,  who  is  a  contractor  or  agent, 
or  who  is  interested,  directly  or  indirectly,  in  any  business  carried  on  therein; 
and  no  male  person  who  is  not  a  qualified  elector  of  the  state  of  California 
shall  be  appointed  by  the  w^ardens  to  any  office  in  or  about  the  prisons,  nor 
shall  any  be  appointed  or  employed  by  virtue  of  this  act  who  is  in  the  habit 
of  intemperate  use  of  liquors,  and  a  single  act  of  intemperance  shall  justify 
his  discharge  or  removal,  and  it  shall  be  the  duty  of  such  warden  to  discharge 
such  person. 

§  11.  Wardens  and  clerks  may  be  removed  by  the  board  of  directors  at 
any  time  for  misconduct,  incompetency,  or  neglect  of  duty;  and  all  other  offi- 
cers and  employees  may  be  removed  at  any  time  at  the  pleasure  of  the 
wardens. 

§  12.  The  wardens  shall  receive  a  salary  of  not  less  than  twenty-four  hun- 
dred dollars,  and  not  to  exceed  three  thousand  dollars,  per  annum,  in  the 
discretion  of  the  board  of  directors. 

§  13.  The  clerks  shall  receive  a  salary  not  to  exceed  eighteen  hundred  dol- 
lars per  annum,  and  all  other  officers  and  employees  shall  receive  such  com- 
pensation as  the  directors  may  deem  just  and  equitable  in  each  case. 

§  14.     The  board  of  directors  are  herebv  authorized  and  -equired  to  contract 


1294      state:  prisons— board  of  directors— to  contract  for  supplies. 

for  provisions,  clothing,  medicines,  forage,  fuel,  and  all  other  staple  supplies, 
needed  for  the  support  of  the  prisons  for  any  period  of  time,  not  exceeding 
one  year,  and  such  contracts  shall  be  limited  to  bona  fide  dealers  in  the  several 
classes  of  articles  contracted  for.  Contracts  for  such  articles  as  the  board 
may  desire  to  contract  for  shall  be  given  to  the  low^est  bidder,  at  a  public 
letting  thereof,  if  the  price  bid  is  a  fair  and  reasonable  one,  and  not  greater 
than  the  usual  market  value  and  prices.  Each  bid  shall  be  accompanied  by 
such  security  as  the  board  may  require,  conditional  upon  the  bidder  entering 
into  a  contract  upon  the  terms  of  his  bid,  on  notice  of  the  acceptance  thereof, 
and  furnishing  a  penal  bond,  with  good  and  sufficient  sureties,  in  such  sum 
as  the  board  may  require,  and  to  their  satisfaction,  that  he  will  faithfully  per- 
form his  contract.  If  the  proper  officer  of  the  prison  reject  any  article  as  not 
complying  with  the  contract,  or  if  a  bidder  fail  to  furnish  the  articles  awarded 
to  him  when  required,  the  proper  officer  of  the  prison  may  buy  other  articles 
of  the  kind  rejected  or  called  for,  in  the  open  market,  and  deduct  the  price 
thereof,  over  the  contract  price,  from  the  amount  due  to  the  bidder,  or  charge 
the  same  up  against  him.  Notice  of  the  time,  place,  and  conditions  of  the 
letting  of  contracts  shall  be  given  for  at  least  two  consecutive  weeks  in  two 
newspapers  printed  and  published  in  the  city  and  county  of  San  Francisco, 
and  in  one  newspaper  printed  and  published  in  the  city  of  Sacramento,  and 
in  the  county  where  the  prison  to  be  supplied  is  situated.  If  all  the  bids  made 
at  such  letting  are  deemed  unreasonably  high,  the  board  may,  in  their  dis- 
cretion, decline  to  contract,  and  may  again  advertise,  for  such  time  and  in 
such  papers  as  they  see  proper,  for  proposals,  and  may  so  continue  to  renew 
the  advertisement  until  satisfactory  contracts  are  made;  and  in  the  mean  time 
the  board  may  contract  with  any  one  whose  offer  is  regarded  as  just  and 
equitable,  or  may  purchase  in  the  open  market.  No  bid  shall  be  accepted, 
nor  a  contract  entered  into  in  pursuance  thereof,  when  such  bid  is  higher 
than  any  other  bid  at  the  same  letting  for  the  same  class  or  schedule  of  articles, 
quality  considered,  and  when  a  contract  can  be  had  at  such  lower  bid.  When 
two  or  more  bids  for  the  same  article  or  articles  are  equal  in  amount,  the  board 
may  select  the  one  which,  all  things  considered,  may  by  them  be  thought  best 
for  the  interest  of  the  state,  or  they  may  divide  the  contract  between  the  bid- 
ders, as  in  their  judgment  may  seem  proper  and  right.  The  board  shall  have 
power  to  let  a  contract  in  the  aggregate,  or  they  may  segregate  the  items,  and 
enter  into  a  contract  with  the  bidder  or  bidders  who  may  bid  lowest  on  the 
several  articles.  The  board  shall  have  the  power  to  reject  the  bid  of  any 
person  who  had  a  prior  contract,  and  who  had  not,  in  the  opinion  of  the  board, 
faithfully  complied  therewith. 

§  15.  All  moneys  received  or  collected  by  the  warden  of  San  Quentin 
prison  shall  be  reported  to  the  state  controller  on  the  first  day  of  each  and 
every  month  in  such  form  as  the  controller  may  require,  and  at  the  same 
time  shall  be  paid  into  the  general  fund  of  the  state  treasury  on  the  order 
of  the  controller,  except  so  much  thereof  as  shall  be  necessary  to  be  paid 
into  the  jute  revolving  fund  as  required  by  the  provisions  of  an  act  of  the 
legislature  approved  March  ninth,  eighteen  hundred  and  eighty-five,  and 
amended  ]\Tarch  sixteenth,  eighteen  hundred  and  eighty-nine.  All  moneys  re- 
ceived or  collected  by  the  warden  of  Folsom  prison  shall  be  reported  to  the 


STATE    PRISOJVS— REVENUES     OF— EMPLOYMENT    OF    CONVICTS.  1295 

state  controller  on  the  first  day  of  each  and  every  month  in  such  form  as  the 
controller  may  require  and  at  the  same  time  shall  be  paid  into  the  state  treas- 
ury to  the  credit  of  the  Folsom  state  prison  fund,  excepting  so  much  thereof 
as  may  be  necessary  to  pay  the  expenses  and  money  allowed  discharged  pris- 
oners under  the  provisions  of  this  act.  The  wardens  shall  require  vouchers 
for  all  moneys  by  them  expended  and  safely  keep  the  same  on  file  in  their 
respective  offices  at  the  prisons.  For  all  sums  of  money  required  to  be  paid 
other  than  for  the  uses  above  named,  as  well  as  for  said  uses  when  there  is 
not  sufficient  money  in  the  hands  of  the  warden,  drafts  shall  be  drawn  on  the 
controller  of  state,  signed  by  at  least  three  of  the  directors,  and  the  controller 
of  state  shall  draw  his  warrant  on  the  state  treasurer  who  shall  pay  the  same 
out  of  any  moneys  belonging  to  the  state  prison  fund  or  appropriated  for  the 
use  or  support  of  the  state  prisons.  The  amount  of  all  money  retained  by  the 
wardens  and  the  aggregate  amount  paid  out  shall  be  reported  quarterly  to 
the  controller  of  state  and  the  proper  entries  shall  be  made  on  the  controller 's 
books. 

[See  Stats.  1905,  382,  ch.  CCCXXVIII,  amending  Stats.  1899,  relative  to  payments  to 
state   treasury.] 

[§  15a.]  §  2.  So  much  of  the  provisions  of  an  act  of  the  legislature,  ap- 
proved March  seventeenth,  eighteen  hundred  and  ninety-nine,  requiring  the 
payment  into  the  state  treasury  of  all  moneys  belonging  to  the  state,  and  all 
amendments  to  said  act,  in  conflict  with  the  provisions  of  this  act,  are  hereby 
repealed. 

[§  15b.]  §  3.  This  act  shall  take  effect  and  be  in  force  July  first,  nineteen 
hundred  and  five.     [Amendment,  Stats.  1905,  724.] 

§  16.  All  revenues  of  the  prisons,  unless  herein  otherwise  provided,  shall 
be  paid  to  the  wardens,  who  alone  are  authorized  to  receipt  for  the  same  and 
discharge  from  liability.  When  any  sum  of  money  is  paid  to  the  war- 
dens, they  shall  cause  the  same  to  be  properly  entered  on  the  books  by  the 
clerks. 

§  17.  On  payment  of  any  moneys  into  the  state  treasury,  as  provided  in  this 
act,  the  wardens  and  state  treasurer  shall  report  to  the  controller  of  state  the 
amount  so  paid,  and  the  state  treasurer  shall  give  the  wardens  a  receipt  there- 
for, which  receipt  shall  be  filed  with  the  controller.  The  wardens  shall  report 
to  the  controller  of  state  the  amount  of  money  paid  into  said  treasury  by  them 
during  each  month,  and  shall  also  report  to  said  controller  of  state  the  amounts 
received  and  disbursed  by  them  every  three  months,  and  during  the  period 
for  which  such  report  shall  be  made,  which  quarterly  report  shall  be  signed  by 
the  warden  and  at  least  three  of  the  directors. 

§  18.  All  convicts  may  be  employed  by  authority  of  the  board  of  directors, 
under  charge  of  the  wardens  respectively,  and  such  skilled  foremen  as  he  may 
deem  necessary  in  the  performance  of  work  for  the  state,  or  in  the  manufacture 
of  any  article  or  articles  for  the  state,  or  the  manufacture  of  which  is  sanc- 
tioned by  law.  At  San  Quentin  no  articles  shall  be  manufactured  for  sale 
except  jute  fabrics.  At  Folsom  after  the  completion  of  the  dam  and  canal 
the  board  may  commence  the  erection  of  structures  for  jute  manufacturing 
purposes.  The  board  of  directors  are  hereby  authorized  to  purchase  from 
time  to  time  such  tools,  machinery,  and  materials,  and  to  direct  the  employment 


1396  STATE    PRISONS— TREATMEKT    OF    PRISONERS— GEJVERAL,    RULES. 

of  such  skilled  foremen  as  may  be  necessary  to  carry  out  the  provisions  of 
this  section,  and  to  dispose  of  the  articles  manufactured,  and  not  needed  by 
the  state,  for  cash,  at  private  sale,  in  such  manner  as  provided  by  law. 

§  19.  In  the  treatment  of  the  prisoners,  the  following  general  rules  shall 
be  observed:  Each  convict  shall  be  provided  with  a  bed  of  straw,  or  other 
suitable  material,  and  sufficient  covering  of  blankets,  and  shall  be  supplied 
with  garments  of  coarse  substantial  material,  of  distinctive  manufacture,  and 
with  sufficient  plain  and  wholesome  food  of  such  variety  as  may  be  most 
conducive  to  good  health. 

Second— No  punishment  shall  be  inflicted  except  by  the  order  and  under  the 
direction  of  the  wardens. 

Third — The  warden  shall  keep  a  correct  account  of  all  money  and  valuables 
upon  the  prisoner  when  delivered  at  the  prison,  and  shall  pay  the  amount,  or 
the  proceeds  thereof,  or  return  the  same  to  the  convict  when  discharged,  or  to 
his  legal  representative  in  case  of  his  death ;  and  in  the  case  of  the  death  of 
such  convict  without  being  released,  if  no  legal  representative  shall  demand 
such  property  within  five  years,  the  same  shall  be  paid  into  the  state  prison 
fund. 

Fourth — The  rules  and  regulations  prescribing  the  duties  and  obligations 
of  the  prisoners  shall  be  printed  and  hung  up  in  each  cell  and  shop. 

Fifth — Each  convict,  when  he  leaves  the  prison,  shall  be  supplied  with  the 
money  taken  from  him  when  he  entered,  and  which  he  has  not  disposed  of,  to- 
gether with  any  sum  which  may  have  been  earned  by  him  for  his  own  account, 
allowed  to  him  by  the  state  for  good  conduct  or  diligent  labor,  or  may  have  been 
presented  to  him  from  any  source ;  and,  in  case  the  prisoner  has  not  funds  suf- 
ficient for  present  purposes,  he  shall  be  furnished  with  five  dollars  in  money,  a 
suit  of  clothes  costing  not  more  than  ten  dollars,  and  by  the  cheapest  route  to 
the  place  where  sentenced  from,  if  the  prisoner  desires  to  return  there,  or  to 
any  other  place  of  the  same  cost;  and  he  shall  be  entitled,  if  he  so  elect,  to  im- 
munity from  having  his  hair  cut,  or  from  being  shaved,  for  three  calendar  months 
immediately  prior  to  his  discharge.     It  shall  not  be  lawful  for  the  officers  of 
the  prison  to  furnish,  or  permit  to  be  furnished,  to  any  one,  for  publication, 
the  name  of  any  prisoner  about  to  be  discharged.    When  the  warden,  and  such 
other  officers  as  may  be  designated  by  the  directors  to  act  with  him  in  such  eases, 
shall  be  of  opinion  that  any  convict  is  insane,  they  shall  make  proper  examina- 
tion, and  if  they  remain  of  the  opinion  that  such  person  is  insane,  the  warden 
shall  certify  the  fact  to  the  superintendent  of  one  of  the  state  asylums  for  the 
insane,  and  shall  forthwith  send  such  convict  to  said  asylum  for  care  and  treat- 
ment.   If  at  the  expiration  of  the  term  of  sentence,  the  insane  convict  is  still  in 
the  insane  asylum,  he  shall  be  allowed  to  remain  there  until  discharged  cured. 
It  shall  be  the  duty  of  the  warden,  also,  to  send  to  the  directors  a  copy  of  such 
certificate,  and  thereafter  a  statement  as  to  his  subsequent  acts  regarding  the 
said  insane  convict.    And  it  shall  be  the  duty  of  the  superintendent  of  the  insane 
asylum  to  receive  such  insane  convict  and  keep  him  until  cured.    It  shall  be  his 
duty,  upon  receipt  of  such  insane  convict,  to  notify  the  directors  of  the  fact, 
giving  name,  date,  and  where  from,  and  from  whose  hands  received.    When,  in 
the  opinion  of  the  superintendent,  such  insane  convict  is  cured  of  insanity,  it 
shall  be  his  duty  to  immediately  notify  the  directors  thereof ;  and  it  shall  be 


STATE  PRISOAS— CONVICTS— HOURS    OF   LABOR— RECKONING   CREDITS.        1297 


his  duty  also  to  notify  the  warden  of  the  prison  from  whence  he  was  received, 
who  shall  immediately  send  for,  take,  and  receive  the  said  convict  back  into 
the  prison,  the  time  passed  at  the  asylum  counting  as  a  part  of  such  convict's 
sentence.  Before  discharging  any  convict  who  may  be  insane  at  the  time  of 
the  expiration  of  his  sentence,  the  warden  shall  first  give  notice,  in  writing  to  a 
judge  of  a  superior  court  of  the  county  in  which  the  state  prison  may  be  located, 
over  which  he  has  control,  of  the  fact  of  such  insanity;  whereupon  said  court 
shall  forthwith  make  an  order,  and  deliver  the  same  to  the  sheriff  of  said  county, 
commanding  him  to  remove  such  insane  convict  and  take  him  before  said  court. 
Upon  the  receipt  of  such  order,  it  shall  be  the  duty  of  said  sheriff,  to  whom  it 
is  directed,  to  execute  and  return  the  same  forthwith  to  the  court  by  whom  it 
was  issued,  and  thereupon  the  said  court  shall  cause  proper  examination  to  be 
made  by  medical  experts,  and  if  it  shall  satisfactorily  appear  that  such  convict 
is  insane,  said  court  shall  order  him  to  be  confined  in  one  of  the  insane  asylums. 
The  sheriff  shall  receive  the  same  compensation  as  for  transferring  a  prisoner 
to  the  state  prison,  and  to  be  paid  in  the  same  manner.  If  any  judge,  after  having 
been  notified  by  the  warden,  shall  neglect  to  cause  such  order  to  be  made,  as 
herein  provided,  or  any  such  sheriff  shall  neglect  to  remove  such  insane  convict, 
as  required  by  the  provisions  of  this  section,  it  shall  be  the  duty  of  the  warden 
to  cause  such  insane  convict  to  be  removed  before  a  superior  court  of  a  county 
in  which  the  state  prison  is  located,  in  charge  of  an  officer  of  the  prison,  or  other 
suitable  person,  for  the  purpose  of  examination;  and  the  cost  of  such  removal 
shall  be  paid  out  of  the  state  treasury,  in  the  same  manner  as  when  removed  by 
the  sheriff,  as  herein  provided. 

§  20.  The  state  board  of  prison  directors  shall  require  of  every  able-bodied 
convict  confined  in  a  state  prison  as  many  hours  of  faithful  labor  in  each  and 
every  day  during  his  term  of  imprisonment  as  shall  be  prescribed  by  the  rules 
and  regulations  of  the  prison.  Every  convict  who  shall  have  no  infraction  of 
the  rules  and  regulations  of  the  prison  or  laws  of  the  state  recorded  against  him, 
and  who  performs  in  a  faithful,  orderly,  and  peaceable  manner  the  duties 
assigned  to  him,  shall  be  allowed  from  his  term,  instead  and  in  lieu  of  the  credits 
heretofore  allowed  by  law,  a  deduction  of  two  months  in  each  of  the  first  two 
years,  four  months  in  each  of  the  next  two  years,  and  five  months  in  each  of 
the  remaining  years  of  said  term,  and  pro  rata  for  any  part  of  a  year,  where 
the  sentence  is  for  or  more  or  less  than  a  year.  The  mode  of  reckoning  credits 
shall  be  as  shown  in  the  following  table : 


Number  of  years 
of  Sentence. 

Good  Time 
Granted. 

Total  Good  Time 
Made. 

Time  to  be  Served  if 
Full  Time  is  Made. 

First  year 

Second  year 

Third  year 

2  months 
2  months 
4  months 

4  months 

5  months 
5  months 
5  months 
5  months 
5  months 
5  months 

2  months 

4  months 

8  months 

1  year 

1  year  and  5  months 

1  year  and  10  months 

2  years  and  3  months 

2  years  and  8  months 

3  years  and  1  month 

3  years  and  6  months 

10  months 

1  year  and  8  months 

2  vears  and  4  months 

Fourth  year 

3  years 

o  years  and  7  months 

4  years  and  2  months 

4  years  and  9  months 

5  years  and  4  months 

5  years  and  11  months 

6  years  and  5  months 

Fifth  year 

Sixth  year 

Seventh  j^car 

Eighth  year.  . .  ., 

Ninth  year 

Tenth  year 

Gen.  Laws — i 


1298 


STATE   PIUSONS-FEDERAL   PRISONERS— COMPENSATION    OF    OFFICERS. 


And  so  on,  through  as  many  years  as  may  be  the  term  of  the  sentence. 
Each  convict  shall  be  held  entitled  to  these  deductions,  unless  the  board  of 
directors  shall  find  that  for  misconduct  or  other  cause  he  should  not  receive 
them.  But  if  any  convict  shall  commit  any  assault  upon  his  keeper,  or  any 
foreman,  ofdcer,  convict,  or  person,  or  otherwise  endanger  life,  or  shall  be 
guilty  of  any  flagrant  disregard  of  the  rules  of  the  prison,  or  commit  any 
misdemeanor,  or  in  any  manner  violate  any  of  the  rules  and  regulations  of 
the  prison,  he  shall  forfeit  all  deductions  of  time  earned  by  him  for  good  con- 
duct before  the  commission  of  such  offense,  or  that,  under  this  section,  he  may 
earn  in  the  future,  or  shall  forfeit  such  part  of  such  deductions  as  to  the  board 
of  directors  may  seem  just;  such  forfeiture,  however,  shall  be  made  only  by 
the  board  of  directors  after  due  proof  of  the  offense  and  notice  to  the  offender ; 
nor  shall  any  forfeiture  be  imposed  when  a  party  has  violated  any  rule  or 
rules  without  violence  or  evil  intent,  of  which  the  directors  shall  be  the  sole 
judges.  The  board  shall  have  power  to  restore  credits  forfeited,  for  such 
reasons  as  by  them  may  seem  proper. 

§  21.  All  criminals  sentenced  to  the  state  prisons  by  the  authority  of  the 
United  States  shall  be  received  and  kept  according  to  the  sentence  of  the  court 
by  which  they  were  tried,  and  the  prisoners  so  confined  shall  be  subject  in  all 
respects  and  discipline  and  treatment  as  though  committed  under  the  laws 
of  this  state.  The  wardens  are  hereby  authorized  to  charge  and  receive  from 
the  United  States,  for  the  use  of  the  state,  an  amount  sufficient  for  the  support 
of  each  prisoner,  the  cost  of  all  clothing  that  may  be  furnished,  and  one  dollar 
per  month  for  the  use  of  the  prisoner.  No  other  or  further  charge  shall  be 
made  by  any  officer  for  or  on  account  of  such  prisoners. 

§  22.  The  board  of  directors  shall  have  poAver  to  contract  for  the  supply 
of  gas  and  water  for  said  [prisons],  upon  such  terms  as  said  board  shall  deem 
to  be  for  the  best  interests  of  the  state,  or  to  manufacture  gas,  or  furnish 
water  themselves,  at  their  option.  They  shall  also  have  power  to  erect  and 
construct,  or  cause  to  be  erected  and  constructed,  electrical  apparatus  or  other 
illuminating  works  in  their  discretion,  with  or  without  contracting  therefor, 
on  such  terms  as  they  may  deem  just.  The  board  shall  have  full  power  to 
erect  any  building  or  structure  deemed  necessary  by  them^  or  to  alter  or  im- 
prove the  same,  and  to  pay  for  the  same  from  the  fund  appropriated  for  the 
use  or  support  of  the  prisons,  or  from  the  earnings  thereof,  without  advertis- 
ing or  contracting  therefor;  provided,  that  no  building  or  structure  the  cost 
of  which  will  exceed  five  thousand  dollars  shall  be  erected  or  constructed  with- 
out first  obtaining  the  consent  of  the  governor,  secretary,  and  treasurer  of 
the  state,  or  a  majority  thereof.  The  board  shall  have  power  to  give  for  meri- 
torious service  to  any  convict  discharged,  or  about  to  be  discharged,  a  sum 
in  addition  to  that  already  allowed  not  exceeding  ten  dollars. 

§  23.  No  officer  or  employee  shall  receive,  directly  or  indirectly,  any  com- 
pensation for  his  services  other  than  that  prescribed  by  the  directors ;  nor  shall 
he  receive  any  compensation  whatever,  directly  or  indirectly,  for  any  act  or 
service  which  he  may  do  or  perform  for  or  on  behalf  of  any  contractor,  or 
agent,  or  employee  of  a  contractor.  For  any  violation  of  the  provisions  of 
this  section,  the  officer,  agent,  or  employee  of  the  state  shall  be  discharged 
from  his  office  or  service ;  and  every  contractor,  or  employee,  or  agent  of  a  con 


STATE   PRISONS— PROHIBITIONS    ON    OFFICERS— CALIFORNIA   HEMP.  1290 

tractor  engaged  tlierein,  shall  be  expelled  from  the  prison  grounds,  and  not 
again  permitted  within  the  same  as  a  contractor,  agent,  or  employee. 

§  24.  No  officer  or  employee  of  the  state,  or  contractor,  or  employee  of  a 
contractor,  shall,  without  permission  of  the  board  of  directors,  make  any  gift 
or  present  to  a  convict,  or  receive  any  from  a  convict,  or  have  any  barter  or 
dealings  with  the  prisoner.  For  every  violation  of  the  provisions  of  this  sec- 
tion, the  party  engaged  therein  shall  incur  the  same  penalty  as  prescribed  in 
section  twenty-three. 

§  25.  No  officer  or  employee  of  the  prison  shall  be  interested,  directly  or 
indirectly,  in  any  contract  or  purchase  made  or  authorized  to  be  made  by  any 
one  for  or  on  behalf  [of]  the  prisons. 

§  26.  There  shall  be  printed  annually  for  the  use  of  the  prisons  five  hundred 
copies  of  the  annual  report  of  the  board  of  directors,  and  the  clerk  shall  an- 
nually transmit  to  each  of  the  state  prisons  in  the  United  States  one  copy  of 
such  report. 

§  27.  All  the  bonds  of  officers  and  employees  under  this  act  shall  be  deposited 
with  the  secretary  of  state. 

§  28.  If  any  of  the  shops  or  buildings  in  which  convicts  are  employed  are 
destroyed  in  any  way,  or  injured  by  fire  or  otherwise,  they  may  be  rebuilt  or 
repaired  immediately,  under  the  direction  of  the  board  of  directors,  by  and 
with  the  advice  and  consent  of  the  governor,  attorney-general,  and  secretary 
of  state,  and  the  expenses  thereof  paid  out  of  any  funds  in  the  state  treasury 
not  otherwise  appropriated  by  law. 

§  29.  The  board  of  directors  must  report  to  the  governor  from  time  to  time 
the  names  of  any  and  all  persons  confined  in  the  state  prisons  who,  in  their 
judgment,  ought  to  be  pardoned  out  and  set  at  liberty  on  account  of  good  con- 
duct, or  unusual  term  of  sentence,  or  any  other  cause  which  in  their  opinion, 
should  entitle  the  prisoner  to  pardon. 

§  30.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  31.     This  act  shall  take  effect  immediately. 

The  foregoing  statute  is  treated  as  hav-  from    term    for    good    behavior. — Ex    parte 

ing     entirely     superseded     Stats.     1880,     67,  Clifton,  145  Cal.  186,  188,  78  Fac.  Rep.  655. 
ch.   liXXI.  Compensation  of  directors   (Stats.  1880).— 

Credits  to  convicts   allowed  and  deducted  People   vs.    Chapman,    61   Cal.    262,   2P4. 

STATE  PRISONS— CALIFORNIA  HEMP. 

To  authorize  and  empower  the  state  board  of  prison  directors  to  purchase  Cali- 
fornia-grown hemp,  to  be  used  in  the  manufacture  of  grain  bags,  and  to 
fix  the  price  at  which  such  bags  shall  be  sold. 

(Stats.  1901,  515,  ch.  CLX.) 

§  1.  The  state  board  of  prison  directors  are  authorized  and  empowered  to 
purchase  California-grown  hemp,  to  be  used  in  the  manufacture  of  grain  bags, 
and  to  pay  for  the  same  from  the  revolving  fund  created  by  law  for  the  pur- 
chase of  jute.  The  price  for  which  grain  bags  made  at  said  prison  from  hemp 
shall  be  sold  shall  be  fixed  by  the  state  board  of  prison  directors,  in  the  same 
manner  as  the  price  of  bags  made  from  jute  is  now  by  law  fixed  by  said  board. 

§  2.     This  act  shall  take  effect  immediately.  i 


1300  STATE    PRISONS— CRIMES    AT— CONVEYANCES    BY    PRISONERS. 

STATE  PRISONS— CRIMES  AT. 

CoDcerning  the  payment  of  the  expenses  and  costs  of  the  trial  of  convicts  for 
crimes  committed  in  the  state  prison,  and  to  pay  the  costs  of  the  trial  of 

,        escaped  convicts,  and  to  pay  for  the  expenses  of  coroner  inquests  in  said 
prison. 

(Stats.  1880,  43,  ch.  LVI.) 

§  1.  The  costs  and  expenses  of  all  trials  which  have  heretofore  been  had 
in  the  county  in  this  state  where  the  state  prison  is  situated,  for  any  crime  com- 
mitted by  any  convict  in  the  state  prison,  and  the  costs  of  guarding  and  keeping 
such  convict,  and  the  execution  of  the  sentence  of  said  convict  by  said  county, 
and  the  costs  and  expenses  of  all  trials  heretofore  had  for  the  escape  of  any 
convict  from  the  state  prison,  and  the  costs  and  expenses  of  all  coroner  inquests 
heretofore  had  of  any  convict  at  the  state  prison  by  the  county  where  said 
prison  has  been  situated,  shall  be  certified  to  by  the  county  clerk  of  said  county 
wherein  said  trials  and  inquests  have  been  held  to  the  board  of  state  prison  direc- 
tors for  their  approval,  and  after  such  approval  they  shall  pay  the  same  out 
of  the  money  appropriated  for  the  support  of  the  state  prison,  to  the  county 
treasurer  of  said  county  where  said  trials  have  been  had;  provided,  that  this 
act  shall  not  apply  to  any  costs  or  expenses  incurred  since  January  first,  eighteen 
hundred  and  seventy-three. 

§  2,  This  act  shall  only  apply  to  cases  which  have  not  been  settled  for  by 
the  state. 

§  3.     This  act  shall  take  effect  immediately. 

STATE   PRISONS— CONVEYANCES    BY   PRISONERS. 

(Stats.  1862,  496,  ch.  CCCLXXVIII.) 

§  1.  That  any  deed,  or  other  instrument  of  writing,  executed  and  acknowl- 
edged before  a  notary  public  and  two  reputable  and  disinterested  witnesses,  by 
any  prisoner  confined  in  the  state  penitentiary,  and  done  with  the  free  wall  and 
accord  of  such  prisoner,  shall  be  deemed  and  taken  to  have  the  same  validity, 
force,  and  effect,  as  if  the  party  so  executing  the  same  had  not  been  under 
sentence,  or  confined  in  prison,  at  the  time  of  the  execution  or  acknowledgment 
of  such  deed,  or  other  instrument  of  writing;  and  it  shall  be  the  duty  of  said 
notary  public  to  examine  the  said  party,  separate  and  apart  from  all  persons, 
and  to  set  forth,  in  his  certificate  of  acknowledgment,  that  he  had  so  examined 
the  said  party  separately  and  apart,  and  that  said  party  acknowledged  that 
he  did  execute  the  same  freely,  voluntarily,  and  without  fear,  or  compulsion,  or 
undue  influence,  and  for  the  uses  and  purposes  therein  mentioned. 

Compare   with  KERR'S   CYC.  PEN.  CODE   §§  673-675. 

STATE  PRISONS— FOLSOM. 

(Stats.  1873-4,  785,  ch.  DLL) 

To    provide    for    the    erection    and    main-  in  the  act  hereinbefore  inserted   (1S89.  40i). 

tenance  of  a  branch  state  prison  at  Folsom.  as  amended  1905. 

The   appropriation    under    this    act   was    one  See    tits.    Coroners    nnd    Physicians;    Con- 
hundred  and   seventy-five   thousand   dollars.  vlcts;  Msirln  County;  Prisons. 

The    prison    management    is    now    embraced 


STATE    PRISONS— FOL.SOM— INSANE    CONVICTS.  1301 

STATE    PRISONS— FOLSOM— INSANE. 

To  provide  for  the  erection  at  Folsom  state  prison  of  a  building  for  the 
accommodation  of  the  insane  prisoners,  and  making  an  appropriation 
therefor. 

(Stats.  1903,  519,  ch.  CCCLXXI.) 

§  1.  There  shall  be  erected  upon  the  lands  belonging  to  the  state  in  con- 
nection with  the  state  prison  at  Folsom  a  building  of  sufficient  capacity  to 
accommodate  the  insane  prisoners  of  the  state  prisons  of  the  state,  the  same 
to  be  constructed  under  the  direction  of  the  board  of  state  prison  directors, 
upon  plans  submitted  to  and  approved  by  the  state  commission  in  lunacy, 
which  will  have  inspectory  power  over  the  institution  when  completed.  Upon 
the  completion  of  said  building  all  insane  prisoners  now  confined  in  the  state 
prisons  and  all  prisoners  convicted  of  a  felony  in  any  state  hospital  shall  by 
the  proper  authorities  be  transferred  thereto. 

§  2.  The  sum  of  twenty-five  thousand  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated,  for  the  erec- 
tion and  furnishing  of  said  building. 

§  3.  The  controller  of  state  shall  draw  warrants  from  time  to  time,  as  the 
work  shall  progress,  in  favor  of  the  board  of  prison  directors,  upon  their 
requisition  for  the  same,  and  the  state  treasurer  is  hereby  directed  to  pay  the 
same. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See    post    tit.    State    Prisons — Insane. 

STATE   PRISONS— INSANE    CONVICTS. 

To  establish  a  state  hospital  for  the  care,  custody  and  maintenance  of  insane 
convicts  and  certain  other  insane  persons  charged  with  the  commission  of 
a  felony,  near  Folsom,  California,  and  to  provide  for  the  government  and 
management  thereof,  and  to  direct  the  expenditure  of  money  heretofore 
appropriated  by  an  act  entitled  "An  act  to  provide  for  the  erection  at 
Folsom  state  prison  of  a  building  for  the  accommodation  of  insane  pris- 
oners, and  making  an  appropriation  therefor,"  approved  March  twenty- 
sixth,  nineteen  hundred  and  three,  and  declaring  that  the  same  may  be 
used  and  expended  for  the  purposes  of  this  act,  and  making  an  additional 
appropriation  of  fifteen  thousand  dollars  for  certain  improvements. 
(Stats.  1905,  229,  ch.  CCLVII.) 

§  1.  There  shall  be  established  on  the  land  belonging  to  the  state  at  the 
Folsom  state  prison  an  institution  for  the  care  of  such  convict  and  other 
insane  as  may  be  hereinafter  described. 

§  2.  The  said  institution  shall  be  known  as  the  Folsom  State  Hospital,  and 
is  hereby  declared  to  be  a  corporation. 

§  3.  The  said  state  hospital  shall  have  a  board  of  five  managers  or  trustees 
who  shall  be  the  members  of  the  state  commission  in  lunacy.  Said  trustees 
or  managers  shall  be  hereafter  termed  managers. 

§  4.  The  board  of  managers  in  conjunction  with  the  board  of  state  prison 
directors  shall  select  a  site  for  the  said  state  hospital. 


1302  STATE    PRISONS— INSANE    CONVICTS— PROVISIONS    FOR. 

§  5.  As  soon  as  possible  after  the  selection  of  a  site,  the  said  board  of 
managers  shall  with  the  co-operation  of  the  board  of  state  prison  directors, 
proceed  with  the  erection  of  a  building  or  buildings  for  the  purposes  of  said 
hospital. 

§  6.  No  person  shall  be  admitted  to  said  hospital  except  convicts  now  or 
hereafter  confined  in  present  state  hospitals  for  the  insane,  who  may  be  trans- 
ferred directly  by  the  state  commission  in  lunacy;  and  such  insane  persons 
charged  with  the  commission  of  a  felony  who  are  now  or  who  may  hereafter 
be  confined  in  any  of  the  present  state  hospitals  for  the  insane  and  whose 
transfer  is  deemed  by  the  state  commission  in  lunacy  to  be  for  the  best  inter- 
ests of  said  hospital  and  the  public,  who  may  be  directly  transferred  by  the 
state  commission  in  lunacy;  and  such  convicts  as  are  noAV  or  may  hereafter 
become  insane  in  the  California  state  prisons,  who  may  be  committed  to  this 
hospital  in  the  manner  now  provided  by  the  Penal  Code  for  the  commitment 
of  insane  convicts. 

§  7.  As  soon  as  the  board  of  managers  shall  deem  it  necessary  for  the 
proper  completion,  furnishing  and  managing  of  said  hospital,  and  as  often 
thereafter  as  a  vacancy  occur [s],  they  shall  appoint  a  medical  superintendent. 
The  medical  superintendent  must  appoint,  by  and  with  the  consent  of  the 
board  of  managers,  such  officers  and  employees  as  the  board  may  deem  neces- 
sary. The  medical  superintendent  and  other  officers  and  employees  shall 
receive  such  compensation  as  may  be  fixed  by  the  board  of  managers,  in  no  case 
to  exceed  the  salaries  paid  in  other  state  hospitals  for  the  insane  for  similar 
service. 

§  8.  Except  as  herein  otherwise  provided,  and  except  as  inconsistent  or 
unnecessary  by  reason  of  the  fact  that  the  board  of  managers  shall  be  com- 
posed of  the  members  of  the  state  commission  in  lunacy,  the  said  state  hos- 
pital and  its  managers  and  officers  shall  be  governed  by  and  be  subject  to,  and 
the  said  state  hospital  shall  possess  all  of  the  rights  and  be  affected  by  all  the 
limitations  and  requiremients  of  the  provisions  of  chapter  one  of  title  five  of 
part  three  of  the  Political  Code. 

§  9.  The  sum  of  twenty-five  thousand  dollars  heretofore  appropriated  by 
the  provisions  of  an  act  entitled  "An  act  to  provide  for  the  erection  at  Folsom 
state  prison  of  a  building  for  the  accommodation  of  insane  prisoners,  and 
making  an  appropriation  therefor,"  approved  March  twenty-sixth,  nineteen 
hundred  and  three,  and  not  expended,  is  hereby  reappropriated  and  directed 
to  be  applied  to  the  construction  and  furnishing  of  said  Folsom  state  hos- 
pital. Said  appropriation  shall  be  as  available  for  all  the  purposes  of  this 
act  as  if  the  same  had  been  specially  made  therefor.  There  is  hereby  appro- 
priated out  of  any  money  in  the  state  treasury  not  otherwise  appropriated, 
the  further  sum  of  fifteen  thousand  dollars,  to  be  used  for  sewer,  water,  and 
light  connections,  and  for  building,  furnishing,  and  equipping  quarters  for 
officers  and  employees,  stable,  and  such  other  outbuildings  as  may  become 
necessary. 

§  10.  All  plans,  descriptions,  bills  of  material,  specifications  and  estimates 
requisite,  necessary,  proper  or  convenient  for  any  of  the  purposes  aforesaid, 
shall  receive  the  sanction  of  a  majority  of  the  state  commission  in  lunacy, 


STATE    PRISONS— JUTE    FUND— JUTE     GOODS.  1303 

who  shall  cause  an  entry  to  be  made  in  their  minutes  that  such  plans,  descrip- 
tions, bills  of  material,  specifications  and  estimates  have  been  approved,  and 
it  shall  not  be  necessary  to  obtain  the  approval  or  sanction  of  any  other  board, 
officer  or  person,  and  the  appropriation  made  by  this  act  is  hereby  exempted 
from  the  provisions  of  that  certain  act  entitled  "An  act  to  regulate  contracts 
on  behalf  of  the  state,  in  relation  to  erections  and  buildings"  approved  IMarch 
twenty-third,  eighteen  hundred  and  seventy-six,  and  all  amendments  thereto, 
All  bills  shall  first  be  audited  by  the  board  of  managers,  and  approved  by  the 
state  board  of  examiners,  before  being  allowed,  and  this  act  shall  be  exempt 
from  the  provisions  of  any  other  act  or  acts  requiring  the  sanction  or  approval 
of  any  other  person,  officer  or  board  not  herein  specially  mentioned. 

§  11.  The  controller  of  state  is  hereby  authorized  to  draw  his  warrant  from 
time  to  time,  as  the  work  shall  progress,  in  favor  of  the  said  board  of  man- 
agers, upon  their  requisition  for  the  same;  and  the  state  treasurer  is  hereby 
directed  to  pay  the  same. 

§  12.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  13.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

STATE    PRISONS— JUTE  FUND. 

Making  an  appropriation  for  the  establishment  of  a  permanent  fund  for  the 
purchase  of  jute,  to  be  manufactured  at  the  state  prison  at  San  Quentin. 
(Stats.  1885,  53,  eh.  XLVIII.) 

§  1.  The  sum  of  forty  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  to  provide  and  maintain 
a  permanent  revolving  fund  for  the  purchase  of  jute  for  the  state  prison  at  San 
Quentin ;  all  moneys  taken  therefrom  to  be  used  exclusively  in  payment  for  jute 
to  be  used  in  manufacturing  in  said  state  prison;  and  so  much  of  the  money, 
received  from  the  sale  of  any  goods  manufactured  from  said  jute,  shall  be 
returned  to  the  said  revolving  fund,  so  that  the  fund  shall  contain  forty  thou- 
sand dollars  before  any  of  the  proceeds  from  the  sale  of  said  manufactured 
goods  are  used  for  any  other  purpose  than  the  purchase  of  jute. 

§  2.     This  act  shall  take  effect  immediately. 

See    next    foHowing    act. 

STATE  PRISONS— JUTE  GOODS. 

Fixing  the  price  and  conditions  of  sale  at  which  jute  goods  shall  be  sold  by 

the  state. 

(Stats.  1893,  54,  eh.  XLII;  amendment  1905,  532,  ch.  CDIV.) 

§  1.  It  shall  be  the  duty  of  the  state  board  of  prison  directors,  from  time 
to  time,  to  fix  the  price  and  to  give  public  notice  of  the  same,  at  which  jute 
goods  shall  be  sold  by  the  state,  but  at  no  time  prior  to  the  fifteenth  day  of  May 
of  each  year  shall  the  price  fixed  be  more  than  one  cent  per  bag  in  excess  of 
the  net  cost  of  producing  the  same  exclusive  of  prison  labor.  [Amendment, 
Stats.  1905,  532.] 

§  2.  The  state  board  of  prison  directors  shall  prescribe  the  term.s  and  condi- 
tions on  which  the  said  goods  shall  be  sold,  and  until  the  fifteenth  day  of  May 


1304  STATE   PRISONS— ROADS— ROCK    CRUSHING. 

of  each  year  shall  sell  the  same  only  to  consumers  of  bags ;  but  no  order  before 
said  date  for  any  one  individual  or  firm  or  corporation  shall  be  valid  for  more 
than  five  thousand  grain  bags,  except  on  request  of  the  warden  and  the  unani- 
mous approval  of  the  state  board  of  prison  directors.  If  any  bags  remain  unsold 
after  the  fifteenth  day  of  May  of  each  year,  the  board  of  prison  directors  may 
sell  the  same  to  such  persons  and  in  such  quantities  and  on  such  terms  and  con- 
ditions as  they  shall  deem  for  the  best  interests  of  the  state  up  to  the  fifteenth 
day  of  October  of  each  year.     [Amendment,  Stats.  1905,  532.] 

§  3.  All  orders  for  jute  goods  filed  with  the  board  of  prison  directors  prioi 
to  the  fifteenth  day  of  May  of  each  year,  must  be  accompanied  by  an  affidavit 
setting  forth  that  the  amount  of  goods  contained  in  the  order  are  for  the  indi- 
vidual and  personal  use  of  the  applicant.  Said  affidavit  to  be  subscribed  and 
sworn  to  before  a  notary  public,  or  justice  of  the  peace  residing  in  the  township 
in  which  the  applicant  resides;  provided,  that  any  applicant,  who  shall  falsely 
and  fraudulently  procure  jute  goods  under  the  provisions  of  this  act,  shall  be 
guilty  of  a  misdemeanor.     [Amendment,  Stats.  1905,  532.] 

§  4.  This  act  shall  take  effect  and  be  in  force  immediately  from  and  after 
its  passage.     [Amendment,  Stats,  1905,  532.] 

STATE    PRISONS— ROADS. 

Directing  the  state  prison  directors  of  the  state  of  California  to  employ  at  least 
twenty  prisoners  in  the  construction  of  roads  to  the  state  prisons  at  San 
Quentin  and  at  Folsom. 

(Stats.  1903,  127,  ch.  CXVI.) 

§  1.  The  state  prison  directors  of  the  state  of  California  are  hereby  authorized 
and  directed  to  employ  at  least  twenty  prisoners  daily  during  fair  weather, 
in  the  construction  and  repair  of  such  public  roads  as  have  been  or  shall  here- 
after be  laid  out  or  opened  by  the  board  of  supervisors  of  Marin  County,  and 
which  extend  from  San  Quentin  state  prison,  or  the  grounds  surrounding  the 
same,  to  Point  Tiburon,  San  Rafael,  and  all  railroad  stations  in  Marin  County 
which  lie  in  the  neighborhood  of  the  said  state  prison ;  providing,  that  no  work 
shall  be  done  by  such  prisoners  beyond  a  point  six  miles  distant  from  said  prison 
buildings,  and  also  to  employ  at  least  twenty  prisoners  under  like  conditions  on 
roads  extending  from  the  state  prison  at  Folsom  in  Sacramento  County  or  con- 
necting therewith;  providing,  that  no  work  shall  be  done  by  such  prisoners  be- 
yond a  point  six  miles  distant  from  said  prison  building, 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Former  legislation  on  this  subject  will  be  found  in  Stats.  1891,  222,  ch.  CLIX;  1893, 
141,   ch.   CXXI;   1897.   G,   ch.   VIII. 

STATE  PRISONS— ROCK  CRUSHING. 

Providing  for  the  erection  and  operation  of  rock-crushing  plants  at  the  state 
prisons,  for  the  preparation  of  highway  material  for  the  benefit  of  the 
people  of  the  state,  and  providing  for  the  necessary  advances  and  appro- 
priation of  money  to  carry  out  said  work. 

(Stats.  1895,  274,  ch.  CCVIII.) 


STATE    PRISONS— ROCK    CRUSHING— ERECTION    OP    PLANT.  1305 

§  1.  The  governor  of  the  state,  the  state  prison  directors,  and  the  bureau 
of  highways  (or  if  the  latter  shall  not  be  established,  then  and  in  that  case  the 
two  first  named)  shall  when  satisfied  that  fifty  thousand  cubic  yards  of  prepared 
road  or  highway  metal,  as  hereinafter  described,  will  be  taken  for  highway  pur- 
poses, purchase,  establish,  and  operate  at  one  or  both  of  the  state  prisons,  a 
rock  or  stone  crushing  plant,  to  be  operated  by  convict  labor  and  by  the  appli- 
cation of  power  under  control  of  the  state  prison  directors,  and  with  such  free 
labor  as  is  necessary  for  superintendence  and  direction,  to  crush  rock  or  stone 
into  road  metal  for  highway  purposes,  of  different  and  necessary  degrees  of 
fineness;  provided,  that  the  authority  and  direction  hereby  and  herein  con- 
ferred and  given,  shall  not  be  exercised  or  employed  until  the  governor  and 
the  state  prison  directors  are  satisfied  that  transportation  can  be  had  for  such 
highway  metal  for  highway  purposes  at  just  and  reasonable  rates,  and  so  as  to 
justify  the  setting  up  and  operation  herein  provided  for  of  said  plant. 

§  2.  "When  such  plant  described  in  section  one  is  set  up  and  operated  there 
shall  be  taken  into  account  in  ascertaining  the  cost  of  producing  highway  metal 
therefrom,  only  the  cost  of  necessary  explosives,  oil,  fuel,  tools,  and  machinery 
exclusive  of  the  plant  itself,  repairs,  superintendence,  and  direction,  and  the  prep- 
aration and  maintenance  of  beds,  boxes,  crates,  or  other  unloading  devices  for 
carriage  and  delivery  from  cars  of  said  highway  metal. 

§  3.  To  said  cost  of  production  so  ascertained,  as  set  out  in  section  two, 
there  shall  be  added  for  and  to  each  and  every  cubic  yard  of  highway  metal 
so  produced,  ten  per  centum,  and  the  result  or  product  of  such  addition  shall 
be  the  sale  price  of  such  metal  delivered  from  the  plant  free  on  board  of  the 
cars  or  other  vehicles  of  transportation. 

§  4.  Said  ten  per  centum  shall,  as  realized,  and  not  less  frequently  than  semi- 
annually, be  paid  into  the  state  treasury,  until  there  shall  have  been  paid  in 
the  full  sum  of  twenty-five  thousand  dollars,  and  thereafter  said  percentage 
shall  be  reduced  to  five  per  centum,  and  the  same  as  realized  shall  be  paid  into 
the  fund  for  the  support  of  the  state  prisons. 

§  5.  The  state  prison  directors  are  hereby  authorized  to  lease  railroad  cars 
with  equipment  suitable  for  the  rapid  and  economical  handling  and  delivery 
of  highway  material  prepared  as  aforesaid,  whenever  in  their  judgment  the 
interests  of  the  people  of  the  state  will  be  conserved  thereby  in  the  matter  of 
highway  construction  by  the  use  of  such  highway  metal  so  produced,  as  in  this 
act  provided.  The  cost  of  such  leasing  shall  in  such  case  be  carried  into  the 
cost  of  production  described  in  section  two. 

§  6.  The  sum  of  thirty  thousand  dollars  is  hereby  advanced  by  the  state, 
for  the  purposes  of  this  act,  and  said  sum  is  hereby  appropriated  out  of  the 
general  fund  of  the  treasury,  subject  to  the  demand  of  the  state  prison  directors ; 
and  the  state  controller  shall,  on  presentation  of  such  demand,  in  writing,  draw 
his  warrant  upon  the  treasurer  for  the  said  sum  of  money  in  behalf  of  said 
state  prison  directors,  and  the  state  treasurer  shall  on  presentation  of  such 
warrant,  pay  the  same.  Twenty-five  thousand  dollars  of  said  sum  of  money 
so  advanced  and  appropriated  shall  be  returned  to  the  fund  from  whicli  drawn, 
as  is  specified  and  directed  in  this  act. 

§  7.     The  sum  of  five  thousand  dollars  is  hereby  set  apart  out  of  the  money 


1300  STATE    PRISONS— ROCK    CRUSHING — OPERATION     OF     PLANT. 

SO  appropriated  in  the  previous  section,  to  and  for  the  usage  of  the  state  prison 
directors,  to  provide  and  maintain  a  permanent  revolving  fund  for  the  purchase 
of  tools,  machinery,  and  other  material  and  appliances,  exclusive  of  the  estab- 
lishment of  the  plant  described  in  this  act,  to  be  used  in  the  process  of  crushing 
and  handling  rock  or  stone  at  the  state  prisons  for  the  purposes  contemplated 
and  set  out  in  this  act.  All  money  taken  from  said  revolving  fund  shall  be 
used  exclusively  in  payment  for  such  supplemental  machinery,  tools,  material, 
and  appliances  necessary  to  the  proper  quarrying,  handling,  and  preparing  of 
highway  material  at  said  state  prisons;  and  so  much  of  the  money  received 
for  sale  of  highway  metal  as  shall  be  necessary  to  that  end  shall  be  returned  to 
said  revolving  fund  as  is  needed  to  keep  the  same  constantly  at  the  said  figure 
of  five  thousand  dollars. 

§  8.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  9.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See   next  foHowing   statute. 

STATE    PRISONS— ROCK-CRUSHING. 

To  regulate  and  govern  the  operation  of  the  rock-crushing  plant  at  the  state 
prison  at  Folsom,  to  provide  for  the  sale  of  crushed  rock,  and  the  dis- 
position of  the  revenues  derived  therefrom. 

(Stats.  1897,  99,  ch.  XCVII.) 

§  1.  The  state  board  of  prison  directors  shall  regulate,  govern,  and  have 
full  control  of  the  rock  or  stone  crushing  plant  established  at  the  state  prison 
at  Folsom,  the  product  thereof,  the  revenues  derived  therefrom,  and  all  appro- 
priations of  money  therefor. 

§2.  The  plant  shall  be  operated  by  convict  labor,  and  by  the  application 
of  the  mechanical  and  water  power  belonging  to  the  state  prison  at  Folsom, 
together  with  such  free  labor  as  the  state  board  of  prison  directors  may  deem 
necessary  for  superintending,  directing,  and  guarding  the  convicts  employed 
thereon. 

§  3.  The  state  board  of  prison  directors  are  hereby  empowered  and  author- 
ized to  sell  and  to  otherwise  dispose  of  the  crushed-rock  product  of  the  said 
plant;  provided,  that  in  all  cases,  preference  shall  be  given  to  orders  received 
from  the  bureau  of  highways  for  crushed  rock  for  road  metal  for  highway 
purposes. 

§  4.  The  sale  price  of  all  crushed  rock  sold  for  road  metal  for  highway 
purposes  shall  be  the  cost  of  production,  with  ten  per  centum  added,  delivered 
on  board  cars  or  other  vehicles  of  transportation  at  the  rock-crushing  plant; 
provided,  that  no  rock  shall  be  sold  for  highway  or  other  purposes  for  a  less 
price  than  thirty  cents  per  ton, 

§  5.  The  cost  of  production  shall  be  ascertained  by  estimating  the  cost  of 
explosives,  oil,  fuel,  tools,  repairs,  free  labor,  supplementary  machinery,  the 
preparation  and  maintenance  of  beds,  boxes,  crates,  or  other  unloading  devices 
for  carriage  to  and  delivery  from  cars,  of  said  crushed  rock,  the  leasing  of 
railroad  cars,  and  the  cost  of  such  other  materials,  supplies,  and  expenses  as 


STATE    PRISONS — OPERATING    OF    ROCK-CRUSHING    PLANT.  1307 

may  be  required  and  used  in  producing  each  ton  of  crushed  rock  ready  for  sale 
delivery. 

§  6.  The  state  board  of  prison  directors  are  hereby  authorized  to  lease  rail- 
road cars,  with  equipments  suitable  for  the  rapid  and  economical  handling 
and  delivery  of  crushed  rock,  prepared  as  aforesaid,  whenever  in  their  judg- 
ment the  interests  of  the  people  of  the  state  will  be  conserved  thereby,  in  the 
matter  of  highway  construction,  by  the  use  of  said  crushed  rock.  The  cost  of 
said  leasing  shall  be  carried  into  the  cost  of  production  described  in  section 
five. 

§  7.  The  amount  of  five  thousand  dollars  heretofore  appropriated  is  hereby 
set  apart  to  and  for  the  usage  of  the  state  board  of  prison  directors,  to  pro- 
vide and  maintain  a  permanent  revolving  fund  for  the  purpose  of  operating 
and  maintaining  the  rock-crushing  plant  at  Folsom  prison.  The  money  taken 
from  said  revolving  fund  shall  be  used  exclusively  for  operating  and  main- 
taining the  said  rock-crushing  plant.  So  much  of  the  money  received  from 
the  sale  of  crushed  rock  as  shall  be  necessary  to  that  end,  shall  be  returned 
to  said  revolving  fund,  as  it  is  needed  to  keep  the  same  constantly  at  the  said 
figure  of  five  thousand  dollars. 

§  8,  Whenever  the  revolving  fund  shall  be  replenished,  and  there  shall  be  a 
surplus,  or  balance,  over  the  amount  appropriated,  this  surplus,  or  balance,  shall 
be  paid,  not  less  frequently  than  semiannually,  into  the  state  treasury,  to  the 
credit  of  the  fund  known  as  ' '  The  State  Prison  Fund  of  Folsom  Prison, ' '  for  the 
use  and  support  of  Folsom  prison. 

§  9.  The  clerk  of  the  state  prison  at  Folsom  shall  keep  such  records,  books, 
and  accounts  as  may  be  necessary  to  at  all  times  clearly  exhibit  the  financial 
business,  and  other  transactions  of  the  said  rock-crushing  plant.  All  such 
records,  books,  and  accounts  shall  be  kept  separate  and  distinct  from  those 
relating  to  other  prison  affairs. 

§  10.  For  all  sums  of  money  herein  required  to  be  paid,  drafts  shall  be 
drawn  on  the  controller  of  state,  signed  by  at  least  three  members  of  the 
state  board  of  prison  directors.  Said  drafts  shall  be  sent  to  the  state  board  of 
examiners,  to  be  by  them  approved,  and  after  approval  by  said  state  board  of 
examiners,  the  controller  of  state  shall  draw  his  warrant  in  behalf  of  said 
state  board  of  prison  directors,  on  the  state  treasurer,  who  shall  pay  the  same, 
on  presentation  of  such  warrant;  provided,  that  the  state  board  of  examiners 
is  hereby  expressly  prohibited  from  approving  of  any  of  said  drafts  until  the 
same  are  presented  with  itemized  statements,  showing  specifically  the  services 
rendered,  by  whom  performed,  time  employed,  distance  traveled,  and  necessary 
expenses  thereof;  if  for  articles  purchased,  the  said  statement  shall  give  the 
name  of  each  article,  together  with  the  price  paid  for  each,  and  of  whom  pur- 
chased, together  with  the  date  of  purchase. 

§  11.  If  any  of  the  buildings,  machinery,  or  structures  appertaining  to  or 
comprising  the  said  rock-crushing  plant  are  destroyed  in  any  way,  or  injured 
by  fire  or  otherwise,  they  may  be  rebuilt  or  repaired  immediately,  under  the 
direction  of  the  state  board  of  prison  directors,  by  and  with  the  consent  solely 
of  the  governor,  the  attorney-general,  and  the  secretary  of  state,  and  the  ex- 
penses thereof,  not  to  exceed  in  amount  the  sum  of  ten  thousand  dollars,  shall 


1308  STATE    WARRANTS— LOSS    OF— PAYMENT    BY    CONTROLLER. 

be  paid  out  of  any  funds  in  the  state  treasury  not  otherwise  appropriated  by 
law,  and  the  provisions  of  no  other  act  shall  apply  to  or  govern  or  limit  this 
section,  or  any  of  the  powers  or  duties  herein  conferred. 

§  12.  The  state  board  of  prison  directors  are  hereby  authorized  and  em- 
powered to  perform  such  other  acts  and  duties  as  may  be  necessary  to  carry 
out  the  full  intent  and  meaning  of  this  act. 

§  13.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

§  14.     This  act  shall  take  effect  immediately. 

See   last  preceding  statute. 

STATE  PROPERTY— INVENTORIES. 

See  tit.  Public  Property. 

STATE  ROADS. 

See  tit.  Roads  and  Highways. 

STATE   SUPERINTENDENT. 

See  tit.  Schools. 

STATE  TREASURER— CLERK. 

See    Stats.    1895,    89,    ch.    XCVII.      See    tit.  Board   of   Examiners. 

STATE  VETERINARIAN. 

See  tit.  Animals — Protection  of. 

STATE  VITICULTURAL  COMMISSION. 

See  tits.  State  Analyst ;  Viticultural  Commission. 

STATE   WARRANTS— LOST. 

To  provide  for  the  payment  of  [by]  the  controller  of  state's  warrants  which  have 
been  lost  or  destroyed  previous  to  payment  by  the  state  treasurer. 

(Stats.  1891,  294,  ch.  CCXV.) 

§  1.  "Whenever  any  warrant  legally  drawn  by  the  controller  of  state  shall 
have  been  lost  or  destroyed  before  the  same  has  been  paid  by  the  state  treasurer, 
the  amount  due  thereon  may  be  recovered  by  the  legal  owner  or  custodian 
thereof,  by  filing  with  the  controller  of  state, — 

First.  An  affidavit  setting  forth  the  fact  of  the  loss  or  destruction  of  such 
state  warrant,  giving  the  number,  date,  amount,  and  name  of  the  payee,  to- 
gether with  all  material  facts  relative  to  the  loss  or  destruction  of  the  same. 

Second.  A  bond  of  indemnity,  with  two  good  and  sufficient  sureties,  in 
double  the  amount  of  the  face  of  the  particular  warrant,  which  bond  shall  bo 
referred  to  the  attorney-general  and  controller  of  state  for  approval  or  rejec- 
tion. 

§  2.  It  shall  be  the  duty  of  the  attorney-general  and  of  the  controller  of 
state  to  examine  and  pass  upon  the  sufficiency  of  the  said  bond,  and  to  approve 


STOCKTON    CITY— RATIFYING    AND    CERTIFYING    ORDINANCE.  1309 

cr  reject  the  same,  within  thirty  days  after  it  shall  have  been  filed  with  the  con- 
troller of  state. 

§  3.  After  the  filing  of  the  approved  bond,  the  controller  of  state  is  hereby 
authorized  and  directed  to  issue  and  deliver  to  the  legal  owner  or  claimant, 
on  demand,  a  duplicate  warrant  for  the  full  amount  of  the  original  warrant, 
and  the  treasurer  of  state  is  hereby  authorized  and  directed  to  pay  the  dupli- 
cate, in  lieu  of  the  original  warrant. 

§  4.  The  controller  and  treasurer  shall  each  make  the  proper  entries  on  their 
books,  showing  such  warrants  to  have  been  lost  or  destroyed,  and  the  issu- 
ance of  duplicate  warrants  in  lieu  thereof. 

STEAMSHIP  COMPANIES. 
See  tit.  Emigration. 

STENCILS. 

See  tits.  Fruit,  Marks  and  Brands ;  Labels. 

STENOGRAPHER   FOR   GOVERNOR. 

"^  See  tit.  Governor. 

STOCKTON    CITY— R.    B.    LANE. 

To  ratify  and  confirm  ordinance  number  sixty-four,  passed  by  the  city  council 
of  the  city  of  Stockton  and  approved  by  the  acting  mayor  of  said  city  on  the 
eighth  day  of  December,  anno  Domini  eighteen  hundred  and  seventy-seven. 

(Stats.  1877-8,  201,  ch.  CLXIX.) 

§  1.  "Whereas,  the  city  council  of  the  city  of  Stockton  passed  an  ordinance, 
which  was  approved  by  the  acting  mayor  of  said  city  on  the  eighth  day  of  De- 
cember, anno  Domini  eighteen  hundred  and  seventy-seven,  which  ordinance  is  in 
words  and  figures  following:  Ordinance  number  sixty-four,  authorizing  the 
receipt  and  disposal  of  certain  lands.  The  mayor  and  city  council  of  the  city 
of  Stockton  do  ordain  as  follows :  §  1.  The  city  of  Stockton  hereby  agrees 
to  receive  from  R.  B.  Lane  a  deed  in  due  form  of  law,  conveying  to  the  city 
of  Stockton  that  certain  piece,  parcel,  or  tract  of  land  situate,  lying  and  being 
in  the  said  city  of  Stockton,  and  known  and  described  on  the  official  maps  and 
plats  thereof  as  being  that  certain  portion  of  block  number  nine  and  one  half, 
south  of  Mormon  Channel,  described  as  follows,  viz. :  Commencing  for  the 
same  at  a  point  on  the  northeast  corner  of  lot  number  three,  in  said  block  num- 
ber nine  and  one  half,  south  of  Mormon  Channel,  and  running  thence  north 
one  hundred  feet  to  the  northeast  corner  of  said  block ;  thence  west  one  hun- 
dred feet ;  thence  southeasterly  in  a  direct  line  to  the  point  of  beginning.  §  2. 
The  president  of  this  council,  as  acting  mayor  of  said  city  of  Stockton,  is  here- 
by authorized  to  receive  said  deed,  and  to  cause  the  same  to  be  recorded  in  the 
office  of  the  county  recorder  of  San  Joaquin  County,  state  of  California.  §  3. 
In  consideration  of  the  execution  and  delivery  of  said  deed  by  said  Lane,  and 
of  the  corporate  benefit  thereby  secured,  the  city  of  Stockton  hereby  agreea 


1310  STOCKTON    STATE    HOSPITAL, — ADDITIONAL.   LANDS    FOR. 

to  convey  to  the  said  E.  B.  Lane,  by  proper  deed,  the  following  piece,  parcel, 
or  tract,  of  block  number  five,  south  of  Mormon  Channel,  in  said  city  of  Stock- 
ton, and  described  as  follows,  viz. ;  Commencing  for  the  same  at  a  point  on  the 
northeast  corner  of  lot  number  five,  in  said  block  number  five,  south  of  Mormon 
Channel ;  thence  running  south  one  hundred  feet  to  the  northwest  corner  of  lot 
number  fifteen,  in  said  block  number  five;  thence  easterly  along  the  north  line 
of  said  lot  number  fifteen  one  hundred  feet;  thence  northwesterly  in  a  direct 
line  to  the  point  of  beginning.  The  conveyance  by  the  city  of  Stockton,  in  sec- 
tion three  hereof  named,  shall  be  executed  in  the  corporate  name  aforesaid,  and 
have  the  seal  of  the  corporation  thereto  affixed ;  and  the  president  of  this  coun- 
cil, as  acting  mayor  of  said  city,  is  hereby  empowered  and  directed  to  affix  the 
corporate  name  and  the  common  seal  aforesaid  to  such  deed,  and  to  acknowl- 
edge and  deliver  the  same  to  said  R.  B.  Lane,  and  the  said  deed  shall  be  in  all 
other  respects  sufficient  to  pass  the  title  of  the  city  of  Stockton  in  and  to  the 
premises  described  therein  to  the  grantee  aforesaid.  Passed  the  third  day  of 
December,  anno  Domini  eighteen  hundred  and  seventy-seven.  J.  Salz,  president 
of  city  council,  acting  mayor;  Julius  Steiny,  city  clerk.  It  is  therefore  enacted 
that  said  ordinance  is  hereby  ratified  and  confirmed,  and  that  the  conveyance 
made  under  and  pursuant  to  the  terms  of  said  ordinance,  and  the  exchange  of 
real  property  therein  provided  for,  are  hereby  ratified  and  confirmed. 

See  tit.   Mormon  Channel,  ante. 

STOCKTON    STATE    HOSPITAL— ADDITIONAL    LAND. 

To  appropriate  forty  thousand  dollars  for  the  purchase  of  additional  land  for 
the  use  of  the  Stockton  state  hospital. 

(Stats.  1905,  797,  ch.  DXCVII.) 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated  the  sum  of  forty  thousand  dollars,  to  be  paid  on  the 
order  of  the  board  of  managers  of  the  Stockton  state  hospital,  for  the  purchase 
of  additional  land  for  the  use  of  the  Stockton  state  hospital. 

§  2.  Any  land  so  purchased  by  said  board  of  managers  under  the  provisions 
of  this  act  shall  be  sufficiently  near  to  said  hospital  that  it  can  be  conveniently 
used  for  farming,  or  agricultural  purposes  in  connection  therewith. 

§  3.  The  state  board  of  examiners  shall  examine,  audit,  and  allow  all  de- 
mands arising  under  this  act,  and  the  acts  herein  mentioned,  and  the  state  con- 
troller shall  thereupon  draw  his  warrant  therefor,  payable  out  of  the  general 
fund,  and  the  state  treasurer  is  hereby  authorized  to  pay  the  same. 

§  4.  In  no  case  shall  the  board  of  managers  of  said  hospital  use  any  moneys 
herein  specifically  appropriated  for  any  purpose  other  than  the  one  for  wdiich 
such  appropriation  is  made. 

§  5.  This  act  shall  take  effect  from  and  after  July  first,  nineteen  hundred 
and  five. 

See  tit.  Insane. 


STREET  L.AAV— WORK  UPON   STREETS,  ETC.,  WITHIN  BIUNICIPALITIES.        1311 

STREET   LAW. 

To  provide  for  work  -upon  streets,  lanes,  alleys,  courts,  places,  and  sidewalks, 
and  for  the  construction  of  sewers  within  municipalities. 

(Stats.  1885,  147,  ch.  CLIII ;  amended  1887,  148,  eh.  CXXX;  1889,  157,  ch.  CLI; 
1891,  116,  ch.  CXIV;  1891,  196,  ch.  CXLVII;  1891,  461,  ch.  CCXLIV;  sup- 
plemented 1893,  33,  ch.  XXI  (Bonds)  ;  amended  1893,  89,  ch.  LXXIX;  1893, 
172,  ch.  CXLIV;  1899,  23,  ch.  XXII;  1903,  88,  ch.  LXXX;  1905,  15,  ch. 
XIX;  1905,  63,  ch.  LXVII.) 

PART   I. 

§  1.  All  streets,  lanes,  alleys,  places,  or  courts,  in  the  municipalities  of  this 
state  now  open  or  dedicated,  or  which  may  hereafter  be  opened  or  dedicated 
to  public  use,  shall  be  deemed  and  held  to  be  open  public  streets,  lanes,  alleys, 
places,  or  courts,  for  the  purposes  of  this  act,  and  the  city  council  of  each 
municipality  is  hereby  empowered  to  establish  and  change  the  grades  of  said 
streets,  lanes,  alleys,  places,  or  courts,  and  fix  the  width  thereof,  and  is  hereby 
invested  with  jurisdiction  to  order  to  be  done  thereon  any  of  the  Avork  men- 
tioned in  section  two  of  this  act,  under  the  proceedings  hereinafter  described. 

§  2.  Whenever  the  public  interest  or  convenience  may  require,  the  city 
council  is  hereby  authorized  and  empowered  to  order  the  whole,  or  any  por- 
tion, either  in  length  or  width,  of  the  streets,  avenues,  lanes,  alleys,  courts,  or 
places  of  any  such  city  graded  or  regraded,  to  the  official  grade,  planked 
or  replanked,  paved  or  repaved,  macadamized  or  remacadamized,  graveled  or 
regraveled,  piled  or  repiled,  capped  or  recapped,  oiled  or  reoiled,  sewered  or 
resewered,  and  to  order  sidewalks,  manholes,  culverts,  bridges,  cesspools,  gut- 
ters, tunnels,  curbing,  and  crosswalks  to  be  constructed  therein,  or  to  order 
breakwaters,  levees,  or  walls  of  rock,  or  other  material,  to  protect  the  same 
from  overflow  or  injury,  and  to  order  any  other  work  to  be  done  which  shall 
be  necessary  to  complete  the  whole  or  any  portion  of  said  streets,  avenues, 
sidewalks,  lanes,  alleys,  courts,  or  places,  and  it  may  order  any  of  the  said 
work  to  be  improved;  and  also  to  order  a  sewer  or  sewers,  with  outlets,  for 
drainage  or  sanitary  purposes,  in,  over,  or  through  any  right  of  way  granted  or 
obtained  for  such  purpose ;  provided,  that  whenever  the  grade  of  a  street,  ave- 
nue, lane,  alley,  court,  or  place  shall  hereafter  be  changed,  the  petition  of  the 
owners  of  a  majority  of  the  feet  fronting  thereon,  asking  for  grading  the  same 
to  the  new  grade,  shall  be  a  condition  precedent  to  the  ordering  of  such  grad- 
ing to  be  done.     [Amendment,  Stats.  1905,  15.        In  effect  immediately.] 

§  3.  Before  ordering  any  work  done  or  improvement  made,  which  is  author- 
ized by  section  two  of  this  act,  the  city  council  shall  pass  a  resolution  of  inten- 
tion so  to  do,  and  describing  the  work,  which  shall  be  posted  conspicuously  for 
two  days  on  or  near  the  chamber  door  of  said  council,  and  published  by  two 
insertions  in  one  or  more  daily,  semiweekly,  or  weekly  newspapers  published 
and  circulated  in  said  city,  and  designated  by  said  council  for  that  purpose. 
The  street  superintendent  shall  thereupon  cause  to  be  conspicuously  posted 
along  the  line  of  said  contemplated  work  or  improvement,  at  not  more  than 
one  hundred  feet  in  distance  apart,  but  not  less  than  three  in  all,  or  when  the 
work  to  be  done  is  only  upon  an  entire  crossing  or  any  part  thereof,  in  front  of 


ISia  STREET     LAW— RESOLUTION     TO     IMPROVE— POSTING. 

each  quarter  block  and  irregular  block  liable  to  be  assessed,  notices  of  the 
passage  of  said  resolution.     Said  notice  shall   be   headed   "Notice   of   Street 
Work,"  in  letters  of  not  less  than  one  inch  in  length,  and  shall,  in  legible  char- 
acters, state  the  fact  of  the  passage  of  the  resolution,  its  date,  and  briefly  the 
work  or  improvement  proposed,  and  refer  to  the  resolution  for  further  particu- 
lars.    He  shall  also  cause  a  notice,  similar  in  substance,  to  be  published  for  six 
days  in  one  or  more  daily  newspapers  published  and  circulated  in  said  city,  and 
designated  by  said  city  council,  or  in  cities  where  there  is  no  daily  newspaper, 
by  one  insertion  in  a  semiweekly  or  weekly  newspaper  so  published,  circulated 
and  designated.     In  case  there  is  no  such  paper  published  in  said  city,  said 
notice  shall  be  posted  for  six  days  on  or  near  the  chamber  door  of  said  council, 
and  in  two  other  conspicuous  places  in  said  city,  as  hereinafter  provided.     The 
owners  of  a  majority  of  the  frontage  of  the  property  fronting  on  said  proposed 
work  or  improvement,  where  the  same  is  for  one  block  or  more,  may  make  a 
written  objection  to  the  same  within  ten  days  after  the  expiration  of  the  time 
of  the  publication  and  posting  of  said  notice,  which  objection  shall  be  delivered 
to  the  clerk  of  the  city  council,  who  shall  indorse  thereon  the  date  of  its  recep- 
tion by  him,  and  such  objections  so  delivered  and  indorsed  shall  be  a  bar  for 
six  months  to  any  further  proceedings  in  relation  to  the  doing  of  said  work  or 
making  said  improvements,  unless  the  owners  of  the  one  half  or  more  of  the 
frontage,  as  aforesaid,  shall  meanwhile  petition  for  the  same  to  be  done.     At 
any  time  before  the  issuance  of  the  assessment  roll,  all  owners  of  lots  or  lands 
liable  to  assessment  therein,  who,  after  the  first  publication  of  said  resolution 
of  intention,  may  feel  aggrieved,  or  who  may  have  objections  to  any  of  the  sub- 
sequent proceedings  of  said  council  in  relation  to  the  performance  of  the  work 
mentioned  in  said  notice  of  intention,  shall  file  with  the  clerk  a  petition  of  re- 
monstrance, wherein  they  shall  state  in  what  respect  they  feel  aggrieved,  or 
the  proceedings  to  which  they  object;  such  petition  or  remonstrance  shall  be 
passed  upon  by  the  said  city  council,  and  its  decision  therein  shall  be  final  and 
conclusive.     But  when  the  work  or  improvement  proposed  to  be  done  is  the 
construction  of  sewers,  manholes,  culverts,  or  cesspools,  crosswalks,  or  side- 
walks, curbs  and  gutters,  and  the  objection  thereto  is  signed  by  the  owners  of 
a  majority  of  the  frontage  liable  to  be  assessed  for  the  expense  of  said  work, 
as  aforesaid,  the  said  city  council  shall,  at  its  next  meeting,  fix  a  time  for  hear- 
ing said  objections,  not  less  than  one  week  thereafter.     The  city  clerk  shall 
thereupon  notify  the  persons  making  such  objections,  by  depositing  a  notice 
thereof  in  the  post-office  of  said  city,  postage  prepaid,  addressed  to  each  ob- 
jector, or  his  agent,  when  he  appears  for  such  objector.     At  the  time  specified 
said  city  council  shall  hear  the  objections  urged,  and  pass  upon  the  same,  and 
its  decisions  shall  be  final  and  conclusive,  and  the  said  bar  for  six  months  to 
any  further  proceedings  shall  not  be  applicable  thereto.     And  when  not  more 
than  two  blocks,  including  street  crossings,  remain  ungraded  to  the  official 
grade,  or  otherwise  unimproved,  in  whole  or  in  part,  and  a  block  or  more  on 
each  side  upon  said  street  has  been  so  graded  or  otherwise  improved,  or  when 
not  more  than  two  blocks  at  the  end  of  a  street  remain  so  ungraded  or  other- 
wise unimproved,  said  city  council  may  order  any  of  the  work  mentioned  in 
this  act  to  be  done  upon  said  intervening  ungraded  or  unimproved  part  of  said 
street,  or  at  the  end  of  a  street,  and  said  work  upon  said  intervening  part,  or 


STREET     LAW— RESOLUTION     TO     IMPROVE— OBJECTIONS.  1313 

at  the  end  of  a  street,  shall  not  be  stayed  or  prevented  by  any  written  or  other 
objection  unless  such  council  shall  deem  proper.  And  if  one  half  or  more  in 
width  or  m  length,  or  as  to  grading,  one  half  or  more  of  the  grading  work  of 
any  street  lying  and  being  between  two  successive  main  street  crossings,  or  if 
a  crossing  has  been  already  partially  graded  or  improved,  as  afore- 
said, said  council  may  order  the  remainder  improved,  graded  or  otherwise, 
notwithstanding  such  objections  of  property  owners.  At  the  expiration  of 
twenty  days  after  the  expiration  of  the  time  of  said  publication  by  said  street 
superintendent,  and  at  the  expiration  of  twenty-five  days  after  the  advertising 
and  pobiii^g,  as  aforesaid,  of  any  resolution  of  intention,  if  no  written  objec- 
tion to  the  work  therein  described  has  been  delivered,  as  aforesaid,  by  the 
owners  of  a  major  frontage  of  the  property  fronting  on  said  proposed  work  or 
improvement,  or  if  any  written  objection  purporting  to  be  signed  by  the  own- 
ers of  a  major  frontage  is  disallowed  by  said  council,  as  not  of  itself  barring 
said  work  for  six  months,  because  in  its  judgment,  said  objection  has  not  been 
legally  signed  by  the  owners  of  a  majority  of  said  frontage,  the  city  council 
shall  be  deemed  to  have  acquired  jurisdiction  to  order  any  of  the  work  to  be 
done,  or  improvement  to  be  made,  which  is  authorized  by  this  act ;  which 
order,  when  made,  shall  be  published  for  two  days,  the  same  as  provided  for 
the  publication  of  the  resolution  of  intention.  Before  passing  any  resolution 
for  the  construction  of  said  improvements,  plans  and  specifications  and  careful 
estimates  of  the  costs  and  expenses  thereof  shall  be  furnished  to  said  city  coun- 
cil, if  required  by  it,  by  the  city  engineer  of  said  city;  and  for  the  work  of  con- 
structing sewers,  specifications  shall  always  be  furnished  by  him.  Whenever 
the  contemplated  work  of  improvement,  in  the  opinion  of  the  cit}^  council,  is  of 
more  than  local  or  ordinary  public  benefit,  or  whenever,  according  to  estimate 
to  be  furnished  by  the  city  engineer,  the  total  estimated  costs  and  expenses 
thereof  Avould  exceed  one  half  the  total  assessed  value  of  the  lots  and  lands 
assessed,  if  assessed  upon  the  lots  or  land  fronting  upon  said  proposed  work 
or  improvement,  according  to  the  valuation  fixed  by  the  last  assessment  roll 
whereon  it  was  assessed  for  taxes  for  municipal  purposes,  and  allowing  a  rea- 
sonable depth  from  such  frontage  for  lots  or  lands  assessed  in  bulk,  the  city 
council  may  make  the  expense  of  such  work  or  improvement  chargeable  upon 
a  district,  which  the  said  city  council  shall,  in  its  resolution  of  intention,  de- 
clare to  be  the  district  benefited  by  said  work  or  improvement,  and  to  be 
assessed  to  pay  the  costs  and  expenses  thereof.  Objections  to  the  extent  of  the 
district  of  lands  to  be  affected  or  benefited  by  said  work  or  improvement,  and 
to  be  assessed  to  pay  the  costs  and  expenses  thereof,  may  be  made  by  interested 
parties,  in  writing,  within  ten  days  after  the  expiration  of  the  time  of  the 
publication  of  the  notice  of  the  passage  of  the  resolution  of  intention.  The 
city  clerk  shall  lay  said  objections  before  the  city  council,  which  shall,  at  its 
next  meeting,  fix  a  time  for  hearing  said  objections  not  less  than  one  week 
thereafter.  The  city  clerk  shall  thereupon  notify  the  persons  making  such 
objections  by  depositing  a  notice  thereof  in  the  post-office  of  said  city,  postage 
prepaid,  addressed  to  each  objector.  At  the  time  specified  the  city  council  shall 
hear  the  objections  urged,  and  pass  upon  the  same,  and  its  decision  shall  be 
final  and  conclusive.  If  the  objections  are  sustained,  all  proceedings  shall  be 
stopped ;  but  proceedings  may  be  immediately  again  commenced  by  giving 

Gen.  Laws — 83 


1314  STREET    LAW— IMPROVEMENTS — AWARDING    CONTRACTS. 

the  notice  of  intention  to  do  the  said  work  or  make  said  improvements.  If  the 
objections  are  overruled  by  the  city  council,  the  proceedings  shall  continue  the 
same  as  if  such  objections  had  not  been  made.  [Amendment,  Stats.  1905, 
64-66;  in  effect  after  sixty  days.] 

§  5.  Before  the  awarding  of  any  contract  by  the  city  council  for  doing  any 
work  authorized  by  this  act,  the  city  council  shall  cause  notice,  with  specifica- 
tions, to  be  posted  conspicuously  for  five  days  on  or  near  the  council  chamber 
door  of  said  council,  inviting  sealed  proposals  or  bids  for  doing  the  work 
ordered,  and  shall  also  cause  notice  of  said  work  inviting  said  proposal,  and 
referring  to  the  specifications  posted  or  on  file,  to  be  published  for  two  days  in 
a  daily,  semiweekly,  or  weekly  newspaper  published  and  circulated  in  said  city, 
designated  by  the  council  for  that  purpose,  and  in  case  there  is  no  newspaper 
published  in  said  city,  then  it  shall  only  be  posted  as  hereinbefore  provided. 
All  proposals  or  bids  offered  shall  be  accompanied  by  a  check  payable  to  the 
order  of  the  mayor  of  the  city,  certified  by  a  responsible  bank,  for  an  amount 
which  shall  not  be  less  than  ten  per  centum  of  the  aggregate  of  the  proposal, 
or  by  a  bond  for  the  said  amount  and  so  payable,  signed  by  the  bidder  and  by 
two  sureties,  who  shall  justify,  before  any  officer  competent  to  administer  an 
oath,  in  double  the  said  amount,  and  over  and  above  all  statutory  exemptions. 
Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of  the  said  city  council, 
and  said  council  shall,  in  open  session,  examine  and  publicly  declare  the  same ; 
provided,  however,  that  no  proposal  or  bid  shall  be  considered  unless  accompa- 
nied by  said  check  or  bond  satisfactory  to  the  council.  The  city  council  may 
reject  any  and  all  proposals  or  bids  should  it  deem  this  for  the  public  good,  and 
also  the  bid  of  any  party  who  has  been  delinquent  and  unfaithful  in  any  for- 
mer contract  with  the  municipality,  and  shall  reject  all  proposals  or  bids  other 
than  the  lowest  regular  proposal  or  bid  of  any  responsible  bidder,  and  may 
award  the  contract  for  said  work  or  improvement  to  the  lowest  responsible 
bidder  at  the  prices  named  in  his  bid,  which  award  shall  be  approved  by  the 
mayor  or  a  three-fourths  vote  of  the  city  council.  If  not  approved  by  him,  or 
a  three-fourths  vote  of  the  city  council,  without  further  proceedings,  the  city 
council  may  readvertise  for  proposals  or  bids  for  the  performance  of  the  work 
as  in  the  first  instance,  and  thereafter  proceed  in  the  manner  in  this  section 
provided,  and  shall  thereupon  return  to  the  proper  parties  the  respective  checks 
and  bonds  corresponding  to  the  bid  so  rejected.  But  the  checks  accompanying 
such  accepted  proposals  or  bids  shall  be  held  by  the  city  clerk  of  said  city  until 
the  contract  for  doing  said  work,  as  hereinafter  provided,  has  been  entered 
into,  either  by  said  loM^est  bidder  or  by  the  owners  of  three  fourths  part  of 
the  frontage,  whereupon  said  certified  check  shall  be  returned  to  said  bidder. 
But  if  said  bidder  fails,  neglects  or  refuses  to  enter  into  the  contract  to  per- 
form said  work  or  improvement,  as  hereinafter  provided,  then  the  certified 
check  accompanying  his  bid  and  the  amount  therein  mentioned,  shall  be  de- 
clared to  be  forfeited  to  said  city,  and  shall  be  collected  by  it  and  paid  into  its 
fund  for  repairs  of  streets ;  and  any  bond  forfeited  may  be  prosecuted,  and  the 
amount  due  thereon  collected  and  paid  into  said  fund.  Notice  of  such  awards 
of  contracts  shall  be  posted  for  five  days,  in  the  same  manner  as  hereinbefore 
provided  for  the  posting  of  proposals  for  said  work,  and  shall  be  published  for 
two  days  in  a  daily  newspaper  published  and  circulated  in  said  city  and  desig- 


STREET    LAW — IMPUOV^EMEXTS — A^VARDI]VG    CONTRACTS.  1315 

nated  by  said  city  council,  or  in  cities  where  there  is  no  daily  newspaper,  by 
one  insertion  in  a  semiweekly  or  weekly  newspaper  so  published,  circulated 
and  designated ;  provided,  however,  that  in  case  there  is  no  newspaper  printed 
or  published  in  any  such  city,  then  such  notice  of  award  shall  only  be  kept 
posted  as  hereinbefore  provided.  The  owners  of  three  fourths  of  the  frontage 
of  lots  and  lands  upon  the  street  whereon  said  work  is  to  be  done,  or  their 
agents,  and  who  shall  make  oath  that  they  are  such  owners  or  agents,  shall 
not  be  required  to  present  sealed  proposals  or  bids,  but  may,  within  ten  days 
after  the  first  posting  and  publication  of  said  notice  of  said  award,  elect  to  take 
said  work  and  enter  into  a  written  contract  to  do  the  whole  work  at  the  price 
at  which  the  same  has  been  awarded.  Should  the  said  owners  fail  to  elect  to 
take  said  work,  and  to  enter  into  a  written  contract  therefor  within  ten  days, 
or  to  commence  the  work  within  fifteen  days  after  the  first  posting  and  publica- 
tion of  said  award,  and  to  prosecute  the  same  with  diligence  to  completion,  it 
shall  be  the  duty  of  the  superintendent  of  streets  to  enter  into  a  contract  with 
the  original  bidder  to  whom  the  contract  was  awarded,  and  at  the  prices  speci- 
fied in  his  bid.  But  if  such  original  bidder  neglects,  fails  or  refuses,  for  fifteen 
days  after  the  first  posting  and  publication  of  the  notice  of  award,  to  enter  into 
the  contract,  then  the  city  council,  without  further  proceedings,  shall  again 
advertise  for  proposals  or  bids,  as  in  the  first  instance,  and  award  the  contract 
for  said  work  to  the  then  lowest  regular  bidder.  The  bids  of  all  persons  and  the 
election  of  all  owners,  as  aforesaid,  who  have  failed  to  enter  into  the  contract  as 
herein  provided,  shall  be  rejected  in  any  bidding  or  election  subsequent  to  the 
first  for  the  same  work.  If  the  owner  or  contractor,  who- may  have  taken  any 
contract,  do  not  complete  the  same  within  the  time  limited  in  the  contract,  or 
within  such  further  time  as  the  city  council  may  give  them,  the  superintendent 
of  streets  shall  report  such  delinquency  to  the  city  council  which  may  relet 
the  unfinished  portion  of  said  work,  after  pursuing  the  formalities  prescribed 
hereinbefore  for  the  letting  of  the  whole  in  the  first  instance.  All  contractors, 
contracting  owners  included,  shall,  at  the  time  of  executing  any  contract  for 
street  work,  execute  a  bond  to  the  satisfaction  and  approval  of  the  superin- 
tendent of  streets  of  said  city,  with  two  or  more  sureties  and  payable  to  such 
city,  in  such  sums  as  the  mayor  shall  deem  adequate,  conditioned  for  the  faith- 
ful performance  of  the  contract ;  and  the  sureties  shall  justify  before  any  per- 
son competent  to  administer  an  oath,  in  double  the  amount  mentioned  iu  said 
bond,  over  and  above  all  statutory  exemptions.  Before  being  entitled  to  a  con- 
tract, the  bidder  to  whom  the  award  was  made,  or  the  owners  who  have  elected 
to  take  the  contract,  must  advance  to  the  superintendent  of  streets,  for  pay- 
ment by  him,  the  cost  of  publication  of  the  notices,  resolutions,  orders,  or  other 
incidental  expenses  and  matters  required  under  the  proceedings  prescribed  in 
this  act,  and  such  other  notices  as  may  be  deemed  requisite  by  the  city  council. 
And  in  case  the  work  is  abandoned  by  the  city  before  the  letting  of  the  contract, 
the  incidental  expenses  incurred  previous  to  such  abandonment  shall  be  paid 
out  of  the  city  treasury,     [Amendment,  Stats.  1891,  199.] 

§  6.  The  superintendent  of  streets  is  hereby  authorized,  in  his  official  ca- 
pacity, to  make  all  written  contracts,  and  receive  all  bonds  authorized  by  this 
act,  and  to  do  any  other  act,  either  express  or  implied,  that  pertains  to  the 
street  department  under  this  act ;  and  he  shall  fix  the  time  for  the  commence- 


1316  STREET    LAW— AWARDING    CONTRACTS— BOND    OF    CONTRACTOR. 

ment,  which  shall  not  be  more  than  fifteen  days  from  the  date  of  the  contract, 
and  for  the  completion  of  the  work  under  all  contracts  entered  into  by  him, 
which  work  shall  be  prosecuted  with  diligence  from  day  to  day  thereafter  to 
completion,  and  he  may  extend  the  time  so  fixed  from  time  to  time,  under  the 
direction  of  the  city  council.  The  work  provided  for  in  section  two  of  this  act 
must,  in  all  cases,  be  done  under  the  direction  and  to  the  satisfaction  of  the 
superintendent  of  streets,  and  the  materials  used  shall  comply  with  the  speci- 
fications and  be  to  the  satisfaction  of  said  superintendent  of  streets,  and  all 
contracts  made  therefor  must  contain  a  provision  to  that  effect,  and  also  ex- 
press notice  that,  in  no  case,  except  where  it  is  otherwise  provided  in  this 
act,  will  the  city,  or  any  officer  thereof,  be  liable  for  any  portion  of  the  expense, 
nor  for  any  delinquency  of  persons  or  property  assessed.  The  city  council 
may,  by  ordinance,  prescribe  general  rules  directing  the  superintendent  of 
str.eets  and  the  contractor  as  to  the  materials  to  be  used,  and  the  mode  of 
executing  the  work,  under  all  contracts  thereafter  made.  The  assessment  and 
apportionment  of  the  expenses  of  all  such  work  or  improvement  shall  be  made 
by  the  superintendent  of  streets  in  the  mode  herein  provided. 

§  &y2.  Every  contractor,  person,  company,  or  corporation,  including  con- 
tracting owners,  to  whom  is  awarded  any  contract  for  street  work  under  this 
act,  shall,  before  executing  the  said  contract,  file  with  the  superintendent  of 
streets  a  good  and  sufficient  bond,  approved  by  the  mayor,  in  a  sum  not  less 
than  one  half  of  the  total  amount  payable  by  the  terms  of  said  contract ;  such 
liond  shall  be  executed  by  the  principal  and  at  least  two  sureties,  who  shall 
qualify  for  double  the  sum  specified  in  said  bond,  and  shall  be  made  to  inure 
to  the  benefit  of  any  and  all  persons,  comjDanies,  or  corporations  who  perform 
labor  on,  or  furnish  materials  to  be  used  in  the  said  work  of  improvement,  and 
shall  provide  that  if  the  contractor,  person,  company,  or  corporation  to  whom 
said  contract  was  awarded  fails  to  pay  for  any  materials  so  furnished  for  the 
said  work  of  improvement,  or  for  any  work  or  labor  done  thereon  of  any  kind, 
that  the  sureties  will  pay  the  same,  to  an  amount  not  exceeding  the  sum  speci- 
fied in  said  bond.  Any  materialman,  person,  company,  or  corporation,  fur- 
nishing materials  to  be  used  in  the  performance  of  said  work  specified  in  said 
contract,  or  who  performed  work  or  labor  upon  the  said  improvement,  whose 
claim  has  not  l^een  paid  by  the  said  contractor,  company,  or  corporation  to 
whom  the  said  contract  was  awarded,  may,  within  thirty  days  from  the  time 
said  improvement  is  completed,  file  with  the  superintendent  of  streets  a  veri- 
fied statement  of  his  or  its  claim,  together  with  a  statement  that  the  same,  or 
some  part  thereof,  has  not  been  paid.  At  any  time  within  ninety  d&ys  after 
the  filing  of  such  claim,  the  person,  company,  or  corporation,  filing  the  same, 
or  their  assigns,  may  commence  an  action  on  said  bond  for  the  recovery  of  the 
amount  due  on  said  claim,  together  with  the  costs  incurred  in  said  action,  and 
a  reasonable  attorney  fee,  to  be  fixed  by  the  court,  for  the  prosecution  thereof. 
[New  section,  Stats.  1899,  23.] 

§  7.  Subdivision  One — The  expense  incurred  for  any  work  authorized  by 
this  act  (which  expense  shall  not  include  the  cost  of  any  work  done  in  such  por- 
tion of  any  street  as  is  required  by  law  to  be  kept  in  order  or  repair  by  any 
person  or  company  having  railroad  tracks  thereon,  nor  include  work  which 
shall  have  been  declared  in  the  resolution  of  intention  to  be  assessed  on  a  dis- 


STREET    LAW— IMPROVEMENTS — EXPENSE    OF.  1317 

trict  benefited)  shall  be  assessed  upon  the  lots  and  lands  fronting  thereon,  ex- 
cept as  hereinafter  specifically  provided;  each  lot  or  portion  of  a  lot  being 
separately  assessed,  in  proportion  to  the  frontage,  at  a  rate  per  front  foot 
sufficient  to  cover  the  total  expense  of  the  work. 

Subdivision  Two — The  expense  of  all  improvements,  except  such  as  are  done 
by  contractors  under  the  provisions  of  section  thirteen  of  this  act,  until  the 
streets,  avenues,  street  crossings,  lanes,  alleys,  places,  or  courts  are  finally 
accepted,  as  provided  in  section  twenty  of  this  act,  shall  be  assessed  upon  the 
lots  and  lands,  as  provided  in  this  section,  according  to  the  nature  and  charac- 
ter of  the  work;  and  after  such  acceptance  the  expense  of  all  the  work  there- 
after done  thereon  shall  be  paid  by  said  city  out  of  the  street  department  fund. 

Subdivision  Three — The  expense  of  the  work  done  on  main  street  crossings 
shall  be  assessed  at  a  uniform  rate  per  front  foot  of  the  quarter  blocks  and 
irregular  blocks  adjoining  and  cornering  upon  the  crossings,  and  separately 
upon  the  whole  of  each  lot  or  portion  of  lot  having  any  frontage  in  the  said 
blocks  fronting  on  said  main  streets,  half-way  to  the  next  main  street  crossing, 
and  all  the  way  on  said  blocks  to  a  boundary  line  of  the  city  where  no  such 
crossing  intervenes,  but  only  according  to  its  frontage  in  said  quarter  blocks 
and  irregular  blocks. 

Subdivision  Four — Where  a  main  street  terminates  in  another  main  street, 
the  expenses  of  the  work  done  on  one  half  of  the  width  of  the  street  opposite 
the  termination  shall  be  assessed  upon  the  lots  in  each  of  the  two  quarter 
blocks  adjoining  and  cornering  on  the  same,  according  to  the  frontage  of  such 
lots  on  said  main  streets,  and  the  expense  of  the  other  half  of  the  width  of  said 
street  upon  the  lot  or  lots  fronting  on  the  latter  half  of  the  street  at  such  ter- 
mination. 

Subdivision  Five — Where  any  alley  or  subdivision  street  crosses  a  main 
street,  the  expense  of  all  work  done  on  said  crossing  shall  be  assessed  on  all 
lots  or  portions  of  lots  half-way  on  said  alley  or  subdivision  street  to  the  next 
crossing  or  intersection,  or  to  the  end  of  such  alley  or  subdivision  street,  if  it 
does  not  meet  another. 

Subdivision  Six — The  expense  of  work  done  on  alley  or  subdivision  street 
crossings  shall  be  assessed  upon  the  lots  fronting  upon  such  alley  or  subdivision 
streets  on  each  side  thereof,  in  all  directions,  half-way  to  the  next  street,  place 
or  court,  on  either  side,  respectively,  or  to  the  end  of  such  alley  or  subdivision 
street,  if  it  does  not  meet  another. 

Subdivision  Seven — Where  a  subdivision  street,  avenue,  lane,  alley,  place, 
or  court  terminates  in  another  street,  avenue,  lane,  alley,  place,  or  court,  the 
expense  of  the  work  done  on  one  half  of  the  width  of  the  subdivision  street, 
avenue,  lane,  alley,  place,  or  court  opposite  the  termination,  shall  be  assessed 
upon  the  lot  or  lots  fronting  on  such  subdivision  street,  or  avenue,  lane,  alley, 
place,  or  court  .so  terminating,  according  to  its  frontage  thereon,  half-way  on 
each  side,  respectively,  to  the  next  street,  avenue,  lane,  alley,  court,  or  place, 
or  to  the  end  of  such  street,  avenue,  lane,  alley,  place,  or  court,  if  it  does  not 
meet  another,  and  the  other  one  half  of  the  wudth  upon  the  lots  fronting  such 
termination. 

Subdivision  Eight — Where  any  work  mentioned  in  this  act  (manholes,  cess- 
pools, culverts,  crosswalks,  piling  and  capping  excepted)  is  donfe  on  either  or 


1318  STREET    LA ^V— IMPROVEMENTS — OWNERS    DOING    WORK. 

both  sides  of  the  center  line  of  any  street  for  one  block  or  less,  and  further 
work  opposite  to  the  work  of  the  same  class  already  done  is  ordered  to  be  done 
to  complete  the  unimproved  portion  of  said  street,  the  assessment  to  cover  the 
total  expenses  of  said  work  so  ordered  shall  be  made  upon  the  lots  or  portions 
of  the  lots  only  fronting  the  portions  of  the  work  so  ordered.  And  when 
sewering  or  resewering  is  ordered  to  be  done  under  the  sidewalk  on  only  one 
side  of  a  street  for  any  length  thereof,  the  assessment  for  its  expenses  shall  be 
made  only  upon  the  lots  and  lands  fronting  nearest  upon  that  side,  and  for 
intervening  intersections  only  upon  the  two  quarter  blocks  adjoining  and  cor- 
nering upon  that  side. 

Subdivision  Nine — Section  one  of  chapter  three  hundred  and  twenty-five  of 
the  laws  of  this  state,  entitled  "An  act  amendatory  of  and  supplementary  to 
'An  act  to  provide  revenue  for  the  support  of  the  government  of  this  state,' 
approved  April  twenty-ninth,  eighteen  hundred  and  fifty-seven,"  approved 
April  nineteenth,  eighteen  hundred  and  fifty-nine,  shall  not  be  applicable  to 
the  provisions  of  this  section ;  but  the  property  herein  mentioned  shall  be  sub- 
ject to  the  provisions  of  this  act,  and  be  assessed  for  work  done  under  the  pro- 
visions of  this  section. 

Subdivision  Ten — It  shall  be  lawful  for  the  owner  or  owners  of  lots  or  lands 
fronting  upon  any  street  the  width  and  grade  of  which  have  been  established 
by  the  city  council,  to  perform,  at  his  or  their  own  expense  (after  obtaining 
permission  from  the  council  so  to  do,  but  before  said  council  has  passed  its 
resolution  of  intention  to  order  grading  inclusive  of  this),  any  grading  upon 
said  street,  to  its  full  width,  or  to  the  center  line  thereof,  and  to  its  grade  as 
then  established,  and  thereupon  to  procure,  at  his  or  their  own  expense,  a  cer- 
tificate from  the  city  engineer,  setting  forth  the  number  of  cubic  yards  of  cut- 
ting and  filling  made  by  him  or  them  in  said  grading,  and  the  proportions  per- 
formed by  each  owner,  and  that  the  same  is  done  to  the  established  width  and 
grade  of  said  street,  or  to  the  center  line  thereof,  and  thereafter  to  file  said 
certificate  with  the  superintendent  of  streets,  which  certificate  the  superin- 
tendent shall  record  in  a  book  kept  for  that  purpose  in  his  office,  properly 
indexed.  Whenever  thereafter  the  city  council  orders  the  grading  of  said 
street,  or  any  portion  thereof,  on  which  any  grading  certified  as  aforesaid  has 
been  done,  the  bids  and  contracts  must  express  the  price  by  the  cubic  yard  for 
cutting  and  filling  in  grading;  and  the  said  owner  or  owners,  and  his  or  their 
successors  in  interest,  shall  be  entitled  to  credit,  on  the  assessment  upon  his 
or  their  lots  and  lands  fronting  on  said  streets  for  the  grading  thereof,  to  the 
amount  of  the  cubic  yards  of  cutting  and  filling  set  forth  in  his  or  their  said 
certificate,  at  the  prices  named  in  the  contract  for  said  cutting  and  filling:  or, 
if  the  grade  meanwhile  has  been  duly  altered,  only  for  so  much  of  said  certified 
work  as  would  be  required  for  grading  to  the  altered  grade;  provided,  how- 
ever, that  such  owner  or  owners  shall  not  be  entitled  to  such  credit  as  may  be  in 
excess  of  the  assessments  for  grading  upon  the  lots  and  lands  owned  by  him  or 
them,  and  proportionately  assessed  for  the  whole  of  said  grading;  and  the 
superintendent  of  streets  shall  include  in  the  assessment  for  the  whole  of  said 
grading  upon  the  same  grade  the  number  of  cubic  yards  of  cutting  and  filling 
set  forth  in  any  and  all  certificates  so  recorded  in  his  office,  or  for  the  whole 
of  said  grading  to  the  duly  altered  grade  so  much  of  said  certified  work  as 


STREET    liAW — IMPROVEMEKTS — DIAGRAM — ASiSESSMENTS.  1319 

would  be  required  for  grading  thereto,  and  shall  enter  corresponding 
credits,  deducting  the  same  as  payments  upon  the  amounts  assessed  against  the 
lots  and  lands  owned,  respectively,  by  said  certified  owners  and  their  suc- 
cessors in  interest ;  provided,  however,  that  he  shall  not  so  include  any  grading 
quantities  or  credit  any  sums  in  excess  of  the  proportionate  assessments  for  the 
whole  of  the  grading  which  are  made  upon  any  lots  and  lands  fronting  upon 
said  street  and  belonging  to  any  such  certified  owners  or  their  successors  in 
interest.  "Whenever  any  owner  or  owners  of  any  lots  and  lands  fronting  on 
any  street  shall  have  heretofore  done,  or  shall  hereafter  do,  any  work  (except 
grading)  on  such  street,  in  front  of  any  block,  at  his  or  their  own  expense, 
and  the  city  council  shall  subsequently  order  any  work  to  be  done  of  the  same 
class  in  front  of  the  same  block,  said  work  so  done  at  the  expense  of  su.ch 
owner  or  owners  shall  be  excepted  from  the  order  ordering  work  to  be  done,  as 
provided  in  subdivision  eleven  of  this  section  of  this  act;  provided,  that  the 
work  so  done  at  the  expense  of  such  owner  or  owners,  shall  be  upon  the  official 
grade,  and  in  condition  satisfactory  to  the  street  superintendent  at  the  time 
said  order  is  passed. 

Subdivision  Eleven — The  city  council  may  include  in  one  resolution  of  inten- 
tion and  order  any  of  the  different  kinds  of  work  mentioned  in  this  act,  and  it 
may  except  therefrom  any  of  said  work  already  done  upon  the  street  to  the 
official  grade.  The  lots  and  portions  of  lots  fronting  upon  said  excepted  work 
already  done  shall  not  be  included  in  the  frontage  assessment  for  the  class  of 
work  from  which  the  exception  is  made ;  provided,  that  this  shall  not  be  con- 
strued so  as  to  affect  the  special  provisions  as  to  grading  contained  in  subdi- 
vision ten  of  this  section. 

Subdivision  Twelve — Whenever  the  resolution  of  intention  declares  that  the 
costs  and  expenses  of  the  work  and  improvement  are  to  be  assessed  upon  a  dis- 
trict, the  city  council  shall  direct  the  city  engineer  to  make  a  diagram  of  the 
property  affected  or  benefited  by  the  proposed  work  or  improvement,  as  de- 
scribed in  the  resolution  of  intention,  and  to  be  assessed  to  pay  the  expenses 
thereof.  Such  diagram  shall  show  each  separate  lot,  piece  or  parcel  of  land, 
the  area  in  square  feet  of  each  of  such  lots,  pieces,  or  parcels  of  land,  and  the 
relative  location  of  the  same  to  the  work  proposed  to  be  done,  all  within  the 
limits  of  the  assessment  district;  and  when  said  diagram  shall  have  been  ap- 
proved by  the  city  council,  the  clerk  shall,  at  the  time,  of  such  approval,  certify 
the  fact  and  date  thereof.  Immediately  thereafter  the  said  diagram  shall  be 
delivered  to  the  superintendent  of  streets  of  said  city,  who  shall  after  the  con- 
tractor of  any  street  work  has  fulfilled  his  contract  to  the  satisfaction  of  said 
superintendent  of  streets  or  city  council,  on  appeal,  proceed  to  estimate  upon 
the  lands,  lots  or  portions  of  lots  within  said  assessment  district,  as  shown  by 
said  diagram,  the  benefits  arising  from  such  work,  and  to  be  received  by  each 
such  lot,  portion  of  such  lot,  piece,  or  subdivision  of  land,  and  shall  thereupon 
assess  upon  and  against  said  land  in  said  assessment  district  the  total  amount  of 
the  costs  and  expenses  of  such  proposed  work,  and  in  so  doing  shall  assess  said 
total  sum  upon  the  several  pieces,  parcels,  lots,  or  portions  of  lots,  and  subdi- 
visions of  land  in  said  district  benefited  thereby,  to  wit:  Upon  each  respect- 
ively, in  proportion  to  the  estimated  benefits  to  be  received  by  each  of  said 
several  lots,  portions  of  lots,  or  subdivisions  of  land.     In  other  respects  the 


1320  STREET    LAW — I1WPUOVE3IENTS — SUPERINTENDENT — ASSESSMENTS. 

assessment  shall  be  as  provided  in  the  next  section,  and  the  provisions  of  sub- 
divisions three,  four,  five,  six,  seven,  and  eight  of  this  section  shall  not  be 
applicable  to  the  work  or  improvement  provided  for  in  this  subdivision, 
[Amendment,  Stats.  1891,  201.] 

§  8.  After  the  contractor  of  any  street  work  has  fulfilled  his  contract  to  the 
satisfaction  of  the  street  superintendent  of  said  city,  or  city  council  on  appeal, 
the  street  superintendent  shall  make  an  assessment  to  cover  the  sum  due  for 
the  work  performed  and  specified  in  said  contract  (including  any  incidental 
expenses),  in  conformity  with  the  provisions  of  the  preceding  section  accord- 
ing to  the  character  of  the  work  done ;  or,  if  any  direction  and  decision  be 
given  by  said  council  on  appeal,  then  in  conformity  with  such  direction  and 
decision,  which  assessment  shall  briefly  refer  to  the  contract,  the  work  con- 
tracted for  and  performed,  and  shall  show  the  amount  to  be  paid  therefor, 
together  with  any  incidental  expenses,  the  rate  per  front  foot  assessed,  if  the 
assessment  be  made  per  front  foot,  the  amount  of  each  assessment,  the  name 
of  the  owner  of  each  lot,  or  portion  of  a  lot  (if  known  to  the  street  superinten- 
dent) ;  if  unknown  the  word  "Unknown"  shall  be  written  opposite  the  number  of 
the  lot,  and  the  amount  assessed  thereon,  the  number  of  each  lot  or  portion  or 
portions  of  a  lot  assessed,  and  shall  have  attached  thereto  a  diagram  exhibiting 
each  street  or  street  crossing,  lane,  alley,  place,  or  court,  on  which  any  work 
has  been  done,  and  showing  the  relative  location  of  each  district,  lot,  or  portion 
of  lot  to  the  work  done,  numbered  to  correspond  with  the  numbers  in  the  as- 
sessments, and  showing  the  number  of  feet  fronting,  or  number  of  lots  assessed, 
for  said  work  contracted  for  and  performed.     [Amendment,  Stats.  1889,  166.] 

§  9.  To  said  assessment  shall  be  attached  a  warrant,  which  shall  be  signed 
by  the  superintendent  of  streets,  and  countersigned  by  the  mayor  of  said  city. 
The  said  warrant  shall  be  substantially  in  the  following  form : 

By  virtue  hereof,  I  (name  of  the  superintendent  of  streets),  of  the  city  of 
,  county  of  (or  city  and  county  of  ),  and  state  of  Cali- 
fornia, by  virtue  of  the  authority  vested  in  me  as  said  superintendent  of  streets, 
do  authorize  and  empower  (name  of  contractor),  (his  or  their)  agents  or  as- 
signs, to  demand  and  receive  the  several  assessments  upon  the  assessment  and 
diagram  hereto  attached,  and  this  shall  be  (his  or  their)  warrant  for  the  same. 

(Date.) 

(name  of  superintendent  of  streets.) 

Countersigned  by  (name  of  mayor). 

Said  warrant,  assessment,  and  diagram,  together  with  the  certificate  of  the 
city  engineer,  shall  be  recorded  in  the  office  of  said  superintendent  of  streets. 
"When  so  recorded,  the  several  amounts  assessed  shall  be  a  lien  upon  the  lands, 
lots,  or  portions  of  lots  assessed,  respectively,  for  the  period  of  two  years  from 
the  date  of  said  recording,  unless  sooner  discharged;  and  from  and  after  the 
date  of  said  recording  of  any  warrant,  assessment,  diagram  and  certificate,  all 
persons  mentioned  in  section  eleven  of  this  act  shall  be  deemed  to  have  notice 
of  the  contents  of  the  record  thereof.  After  said  warrant,  assessment,  dia- 
gram, and  certificate  are  recorded,  the  same  shall  be  delivered  to  the  contractor, 
or  his  agent,  or  assigns,  on  demand,  but  not  until  after  the  payment  to  the 
said  superintendent  of  streets  of  the  incidental  expenses  not  previously  paid 


STREET  LAAV — IMPROVEMENTS — ASSESSMENTS — DEMAND    OF   PAYMENT.        1321 

by  the  contractor,  or  his  assigns ;  and  by  virtue  of  said  warrant  said  con- 
tractor, or  his  agent  or  assigns,  shall  be  authorized  to  demand  and  receive  the 
amount  of  the  several  assessments  made  to  cover  the  sum  due  for  the  work 
specified  in  such  contracts  and  assessments.  Whenever  it  shall  appear  by  any 
final  judgment  of  any  court- of  this  state  that  any  suit  brought  to  foreclose  the 
lien  of  any  sum  of  money  assessed  to  cover  the  expense  of  said  street  work  done 
under  the  provisions  of  this  act  has  been  defeated  by  reason  of  any  defect, 
error,  informality,  omission,  irregularity,  or  illegality  in  any  assessment  here- 
after to  be  made  and  issued,  or  in  the  recording  thereof,  or  in  the  return  there- 
of made  to  or  recorded  by  said  superintendent  of  streets,  any  person  interested 
therein  may,  at  any  time  within  three  months  after  the  entry  of  said  final  judg- 
ment, apply  to  said  superintendent  of  streets  who  issued  the  same,  or  to  any 
superintendent  of  streets  in  office  at  the  time  of  said  application,  for  another 
assessment  to  be  issued  in  conformity  to  law ;  and  said  superintendent  shall, 
within  fifteen  days  after  the  date  of  said  application,  make  and  deliver  to  said 
applicant  a  new  assessment,  diagram,  and  warrant  in  accordance  with  law ; 
and  the  acting  mayor  shall  countersign  the  same  as  now  provided  by  law, 
which  assessment  shall  be  a  lien  for  the  period  of  two  years  from  the  date  of 
said  assessment,  and  be  enforced  as  provided  in  section  seven  of  this  act. 
[Amendment,  Stats.  1891,  205.] 

§  10.  The  contractor,  or  his  assigns,  or  some  person  in  his  or  their  behalf, 
shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can  conveniently 
be  found,  and  demand  payment  of  the  amount  assessed  to  each.  If  any  pay- 
ment be  made  the  contractor,  his  assigns,  or  some  person  in  his  or  their  behalf, 
shall  receipt  the  same  upon  the  assessment  in  presence  of  the  person  making 
such  payment,  and  shall  also  give  a  separate  receipt  if  demanded.  Whenever 
the  person  [s]  so  assessed,  or  their  agents,  cannot  conveniently  be  found,  or  when- 
ever the  name  of  the  owner  of  the  lot  is  stated  as  "Unknown"  on  the  assess- 
ment, then  the  said  contractor,  or  his  assigns,  or  some  person  in  his  or  their 
behalf,  shall  publicly  demand  payment  on  the  premises  assessed.  The  warrant 
shall  be  returned  to  the  superintendent  of  streets  within  thirty  days  after  its 
date,  with  a  return  indorsed  thereon,  signed  by  the  contractor,  or  his  assigns, 
or  some  person  in  his  or  their  behalf,  verified  upon  oath,  stating  the  nature  and 
character  of  the  demand,  and  whether  any  of  the  assessments  remain  unpaid, 
in  whole  or  in  part,  and  the  amount  thereof.  Thereupon  the  superintendent  of 
streets  shall  record  the  return  so  made,  in  the  margin  of  the  record  of  the  war- 
rant and  assessment,  and  also  the  original  contract  referred  to  therein,  if  it  has 
not  already  been  recorded  at  full  length  in  a  book  to  be  kept  for  that  purpose 
in  his  office,  and  shall  sio'n  the  record.  The  said  superintendent  of  streets  is 
authorized  at  any  time  to  receive  the  amount  due  upon  any  assessment  list 
and  warrant  issued  by  him,  and  give  a  good  and  suf^cient  discharge  therefor; 
provided,  that  no  such  payment  so  made  after  suit  has  been  commenced,  with- 
out the  consent  of  the  plaintiff  in  the  action,  shall  operate  as  a  complete  dis- 
charge of  the  lien  until  the  costs  in  the  action  shall  be  refunded  to  the  plaintiff; 
and  he  may  release  any  assessment  upon  the  books  of  his  office,  on  the  payme  nt 
to  him  of  the  amount  of  the  assessment  against  any  lot  with  interest,  or  on  the 
production  to  him  of  the  receipt  of  the  party  or  his  assigns  to  whom  the  assess- 
ment and  warrant  were  issued;  and  if  any  contractor  shall  fail  to  return  his 


1322  STREET     LAW— IMPROVEMENTS — ASSESSMENTS — WARRANTS. 

warrant  within  the  time  and  in  the  form  provided  in  this  section,  he  shall 
thenceforth  have  no  lien  upon  the  property  assessed;  provided,  however,  that 
in  case  any  warrant  is  lost,  upon  proof  of  such  loss  a  duplicate  can  be  issued, 
upon  which  a  return  may  be  made,  with  the  same  effect  as  if  the  original  had 
been  so  returned.  After  the  return  of  the  assessmejit  and  warrant  as  aforesaid, 
all  amounts  remaining  due  thereon  shall  draw  interest  at  the  rate  of  ten  per 
centum  per  annum  until  paid. 

§  11.  The  owners,  whether  named  in  the  assessment  or  not,  the  contractor, 
or  his  assigns,  and  all  other  persons  directly  interested  in  any  work  provided 
for  in  this  act,  or  in  the  assessment,  feeling  aggrieved  by  any  act  or  determina- 
tion of  the  superintendent  of  streets  in  relation  thereto,  or  who  claim  that  the 
work  has  not  been  performed  according  to  the  contract  in  a  good  and  substan- 
tial manner,  or  having  or  making  any  objection  to  the  correctness  or  legality 
of  the  assessment  or  other  act,  determination,  or  proceedings  of  the  superin- 
tendent of  streets,  shall,  within  thirty  days  after  the  date  of  the  warrant,  appeal 
to  the  city  council,  as  provided  in  this  section,  by  briefly  stating  their  objec- 
tions in  writing,  and  filing  the  same  with  the  clerk  of  said  city  council.  Notice 
of  the  time  and  place  of  the  hearing,  briefly  referring  to  the  work  contracted 
to  be  done,  or  other  subject  of  appeal,  and  to  the  acts,  determinations,  or  pro- 
ceedings objected  to  or  complained  of,  shall  be  published  for  five  days.  Upon 
such  appeal,  the  said  city  council  may  remedy  and  correct  any  error  or  infor- 
mality in  the  proceedings,  and  revise  and  correct  any  of  the  acts  or  determina- 
tions of  the  superintendent  of  streets  relative  to  said  work ;  may  confirm, 
amend,  set  aside,  alter,  modify,  or  correct  the  assessment  in  such  manner  as  to 
them  shall  seem  just,  and  require  the  work  to  be  completed  according  to  the 
directions  of  the  city  council ;  and  may  instruct  and  direct  the  superintendent 
of  streets  to  correct  the  Avarrant,  assessment,  or  diagram  in  any  particular,  or 
to  make  and  issue  a  new  warrant,  assessment,  and  diagram,  to  conform  to  the 
decisions  of  said  city  council  in  relation  thereto,  at  their  option.  All  the  de- 
cisions and  determinations  of  said  city  council,  upon  notice  and  hearing  as 
aforesaid,  shall  be  final  and  conclusive  upon  all  persons  entitled  to  appeal 
under  the  provisions  of  this  section,  as  to  all  errors,  informalities,  and  irregu- 
larities which  said  city  council  might  have  remedied  and  avoided;  and  no 
assessment  shall  be  held  invalid,  except  upon  appeal  to  the  city  council,  as  pro- 
vided in  this  section,  for  any  error,  informality,  or  other  defect  in  any  of  the 
proceedings  prior  to  the  assessment,  or  in  the  assessment  itself,  where  notice 
of  the  intention  of  the  city  council  to  order  the  work  to  be  done,  for  which  the 
assessment  is  made,  has  been  actually  published  in  any  designated  newspaper 
of  said  city  for  the  length  of  time  prescribed  by  law,  before  the  passage  of  the 
resolution  ordering  the  work  to  be  done. 

§  12.  At  any  time  after  the  period  of  thirty-five  days  from  the  day  of  the 
date  of  the  warrants,  as  herein  provided,  or  if  an  appeal  is  taken  to  the  city 
council,  as  provided  in  section  eleven  of  this  act,  at  any  time  after  five  days 
from  the  decision  of  said  council,  or  after  the  return  of  the  warrant  or  assess- 
ment, after  the  same  may  have  been  corrected,  altered,  or  modified,  as  provided 
in  said  section  eleven  (but  not  less  than  thirty-five  days  from  the  date  of  the 
warrant),  the  contractor  or  his  assignee  may  sue,  in  his  own  name,  the  owner 
of  the  land,  lots,  or  portions  of  lots,  assessed  on  the  day  of  the  date  of  the 


STREET   LAW — IMPROVEMENTS — ASSESSMENTS — RECOVERY.  1323 

recording  of  the  warrant,  assessment,  and  diagram,  or  any  day  thereafter  dur- 
ing the  continuance  of  the  lien  of  said  assessment,  and  recover  the  amount  of 
any  assessment  remaining  unpaid,  with  interest  thereon  at  the  rate  of  ten  per 
centum  per  annum  until  paid.  And  in  all  cases  of  recovery  under  the  pro- 
visions of  this  act,  the  plaintiff  shall  recover  the  sum  of  fifteen  dollars,  in  addi- 
tion to  the  taxable  cost  as  attorney's  fees,  but  not  any  percentage  upon  said 
recovery.  And  when  suit  has  been  brought,  after  a  personal  demand  has  been 
made  and  a  refusal  to  pay  such  assessment  so  demanded,  the  plaintiff  shall  also 
be  entitled  to  have  and  recover  said  sum  of  fifteen  dollars  as  attorney's  fees, 
in  addition  to  all  taxable  costs,  notwithstanding  that  the  suit  may  be  settled  or 
a  tender  may  be  made  before  a  recovery  in  said  action,  and  he  may  have  judg- 
ment therefor.  Suit  may  be  brought  in  the  superior  court  within  whose 
jurisdiction  the  city  is  in  which  said  work  has  been  done,  and  in  case  any  of 
the  assessments  are  made  against  lots,  portions  of  lots,  or  lands  the  owners 
thereof  cannot,  with  due  diligence,  be  found,  the  service  in  each  of  such  actions 
may  be  had  in  such  manner  as  is  prescribed  in  the  codes  and  laws  of  this  state. 
The  said  warrant,  assessment,  certificate,  and  diagram,  with  the  affidavit  of 
demand  and  non-payment,  shall  be  held  prima  facie  evidence  of  the  regularity 
and  correctness  of  the  assessment  and  of  the  prior  proceedings  and  acts  of  the 
superintendent  of  streets  and  city  council  upon  which  said  warrant,  assessment, 
and  diagram  are  based,  and  like  evidence  of  the  right  of  the  plaintiff  to  recover 
in  the  action.  The  court  in  which  said  suit  shall  be  comimenced  shall  have 
power  to  adjudge  and  decree  a  lien  against  the  premises  assessed,  and  to  order 
such  premises  to  be  sold  on  execution,  as  in  other  cases  of  the  sale  of  real  estate 
by  the  process  of  said  courts;  and  on  appeal,  the  appellate  courts  shall  be 
vested  with  the  same  power  to  adjudge  and  decree  a  lien  and  to  order  such 
premises  to  be  sold  on  execution  or  decree  as  is  conferred  on.  the  court  from 
which  an  appeal  is  taken.  Such  premises,  if  sold,  may  be  redeemed  as  in  other 
cases.  In  all  suits  now  pending,  or  hereafter  brought  to  recover  street  assess- 
ments, the  proceedings  therein  shall  be  governed  and  regulated  by  the  pro- 
visions of  this  act,  and  also,  when  not  in  conflict  herewith,  by  the  codes  of  this 
state.  This  act  shall  be  liberally  construed  to  effect  the  ends  of  justice, 
[Amendment,  Stats.  1889,  168.] 

§  121/^.  The  city  council,  instead  of  waiting  until  the  completion  of  the  im- 
provement, may,  in  its  discretion,  and  not  otherwise,  upon  the  completion  of 
two  blocks  or  more  of  any  improvement,  order  the  street  superintendent  to 
make  an  assessment  for  the  proportionate  amount  of  the  contract  completed, 
and  thereupon  proceedings  and  rights  of  collection  of  such  proportionate 
amount  shall  be  had  as  in  sections  eight,  nine,  ten,  eleven,  and  twelve  of  the  act 
of  which  this  is  amendatory  is  provided.     [New  section,  Stats.  1889,  169.] 

§  13.  "When  any  portion  of  any  street,  avenue,  lane,  alley,  court,  or  place  in 
said  city  improved,  or  any  sidewalk  constructed  thereon  shall  be  out  of  repair, 
or  needing  reconstruction,  and  in  condition  to  endanger  persons  or  property 
passing  thereon,  or  in  condition  to  interfere  with  the  public  convenience  in  the 
use  thereof,  it  shall  be  the  duty  of  said  superintendent  of  streets  to  require, 
by  notice  in  writing,  to  be  delivered  to  them  or  their  agents  personally,  or  left 
on  the  premises,  the  owners  or  occupants  of  lots  or  portions  of  lots  fronting 
on  said  portion  of  said  street,  avenue,  alley,  lane,  court,  or  place,  or  of  said 


1324        STREET   LAW — iaiPROVE3IEJVTS — EXPENSE    OF   WORK   AlVU    MATERIAL. 

portion  of  said  sidewalks  so  out  of  repair  or  needing  reconstruction  as  afore- 
said, to  repair  or  reconstruct,  or  to  do  both,  forthwith,  said  portion  of  said 
street,  avenue,  lane,  alley,  court,  or  place,  to  the  center  line  of  said  street  in 
front  of  the  property  of  which  he  is  the  owner,  or  tenant,  or  occupant ;  and  said 
superintendent  of  streets  shall  particularly  specify  in  said  notice  what  work  is 
required  to  be  done,  and  how  the  same  is  to  be  done,  and  what  material  shall 
be  used  in  said  repairs,  or  reconstructions,  or  both.  If  said  repairs,  or  recon- 
structions, or  both,  be  not  commenced  within  three  days  after  notice  given  as 
aforesaid,  and  diligently  and  without  interruption  prosecuted  to  completion, 
the  said  superintendent  of  streets  may,  under  authority  from  said  city  council, 
make  such  repairs,  reconstruction,  or  both,  or  enter  into  a  contract  with  any 
suitable  person,  at  the  expense  of  the  owner,  tenant,  or  occupant,  after  the 
specification  for  the  doing  of  said  work  shall  have  been  conspicuously  posted 
by  him  in  his  office  for  two  days,  inviting  bids  for  the  doing  of  said  work,  which 
bids  shall  be  delivered  to  him  at  his  office  on  or  before  the  second  day  of  said 
posting,  and  opened  by  him  on  the  next  day  following  the  expiration  of  said 
two  days  of  posting,  and  the  contract  by  him  be  awarded  to  the  lowest  bidder, 
if  such  lowest  bid,  in  the  judgment  of  said  street  superintendent,  shall  be  rea- 
sonable. All  of  said  bids  shall  be  preserved  in  his  office  and  open  at  all  times 
after  the  letting  of  the  contract  to  the  inspection  of  all  persons,  and  such 
owner,  tenant,  or  occupant  shall  be  liable  to  pay  said  contract  price.  Such 
work  shall  be  commenced  within  twenty-four  hours  after  the  contract  shall 
have  been  signed,  and  completed  without  delay  to  the  satisfaction  of  said 
street  superintendent.  Upon  the  completion  of  said  repairs,  or  reconstruction, 
or  both,  by  said  contractors  as  aforesaid,  to  the  satisfaction  of  said  superin- 
tendent of  streets,  said  superintendent  of  streets  shall  make  and  deliver  to  said 
contractor  a  certificate  to  the  effect  that  said  repairs,  or  reconstruction,  or  both, 
have  been  properly  made  by  said  contractor  to  the  grade,  and  that  the  charges 
for  the  same  are  reasonable  and  just,  and  that  he,  said  superintendent,  has 
accepted  the  same.     [Amendment,  Stats.  1889,  169.] 

§  14.  If  the  expenses  of  the  work  and  material  for  such  improvement,  after 
the  completion  thereof,  and  the  delivery  to  said  contractor  of  said  certificate, 
be  not  paid  to  the  contractor  so  employed,  or  his  agent  or  assignee,  on  demand, 
the  said  contractor,  or  his  assignee,  shall  have  the  right  to  sue  such  owner, 
tenant,  or  occupant  for  the  amount  contracted  to  be  paid ;  and  said  certificate 
of  the  superintendent  of  streets  shall  be  prima  facie  evidence  of  the  amount 
claimed  for  said  work  and  materials,  and  of  the  right  of  the  contractor  to  re- 
cover for  the  same  in  such  action.  Said  certificate  shall  be  recorded  by  the 
said  superintendent  of  streets  in  a  book  kept  by  him  in  his  office  for  that  pur- 
pose, properly  indexed,  and  the  sum  contracted  to  be  paid  shall  be  a  lien,  the 
same  as  provided  in  section  nine  of  this  act,  and  may  be  enforced  in  the  same 
manner. 

§  15.  In  addition,  and  as  cumulative  to  the  remedies  above  given,  the  city 
council  shall  have  power,  by  resolution  or  ordinance,  to  prescribe  the  penalties 
that  shall  be  incurred  by  any  owner  or  person  liable,  or  neglecting,  or  refusing 
to  make  repairs  when  required,  as  provided  in  section  (13)  thirteen  of  this 
act,  which  fines  and  penalties  shall  be  recovered  for  the  use  of  the  city  by 
prosecution  in  the  name  of  the  people  of  the  state  of  California,  in  the  court 


STREET   LAW — IMPROVEMENTS — ASSESSMENTS— PAYMENT   BV   TENANT.        1325 

having  jurisdiction  thereof,  and  may  be  applied,  if  deemed  expedient  by  the 
said  council,  in  the  payment  of  the  expenses  of  any  such  repairs  not  otherwise 
provided  for. 

§  16.  The  person  owning  the  fee,  or  the  person  in  whom,  on  the  day  the 
action  is  commenced,  appears  the  legal  title  to  the  lots  and  lands,  by  deeds  duly 
recorded  in  the  county  recorder's  office  of  each  county,  or  the  person  in  posses- 
sion of  lands,  lots,  or  portions  of  lots  or  buildings  under  claim,  or  exercising 
acts  of  ownership  over  the  same  for  himself,  or  as  the  executor,  administrator, 
or  guardian  of  the  owner,  shall  be  regarded,  treated,  and  deemed  to  be  the 
"owmer"  (for  the  purpose  of  this  law),  according  to  the  intent  and  meaning  of 
that  word  as  used  in  this  act.  And  in  case  of  property  leased,  the  possession 
of  the  tenant  or  lessee  holding  and  occupying  under  such  persons  shall  be 
deemed  to  be  the  possession  of  such  owner. 

§  17.  Any  tenant  or  lessee  of  the  lands  or  lots  liable  may  pay  the  amount 
assessed  against  the  property  of  which  he  is  the  tenant  or  lessee  under  the  pro- 
visions of  this  act,  or  he  may  pay  the  price  agreed  on  to  be  paid  under  the  pro- 
vision of  section  thirteen  of  this  act,  either  before  or  after  suit  brought, 
together  with  costs,  to  the  contractor,  or  his  assigns,  or  he  may  redeem  the 
property,  if  sold  on  execution  or  decree  for  the  benefit  of  the  owner,  within  the 
time  prescribed  by  law,  and  deduct  the  amount  so  paid  from  the  rents  due  and 
to  become  due  from  him,  and  for  any  sums  so  paid  beyond  the  rents  due  from 
him,  he  shall  have  a  lien  upon  and  may  retain  possession  of  the  said  land  and 
lots  until  the  amount  so  paid  and  advanced  be  satisfied,  with  legal  interest, 
from  accruing  rents,  or  by  payment  by  the  owner. 

§  18.  The  records  kept  by  the  superintendent  of  streets  of  said  city,  in  con- 
formity with  the  provisions  of  this  act,  and  signed  by  him,  shall  have  the  same 
force  and  effect  as  other  public  records,  and  copies  therefrom,  duly  certified, 
may  be  used  in  evidence  with  the  same  effect  as  the  originals.  The  said  records 
shall,  during  all  office  hours,  be  open  to  the  inspection  of  any  citizen  wishing 
to  examine  them,  free  of  charge. 

§  19.  Notices  in  writing  which  are  required  to  be  given  by  the  superintend- 
ent of  streets,  under  the  provisions  of  this  act,  may  be  served  by  any  person, 
with  the  permission  of  the  superintendent  of  streets,  and  the  fact  of  such 
service  shall  be  verified  by  the  oath  of  the  person  making  it,  taken  before  the 
superintendent  of  streets,  who  for  that  purpose,  and  for  all  other  purposes, 
and  in  all  cases  where  a  verification  is  required  under  the  provisions  of  this  act, 
is  hereby  authorized  to  administer  oaths,  or  other  person  authorized  to  admin- 
ister oaths,  or  such  notices  may  be  delivered  to  the  superintendent  of  streets 
himself,  who  must  also  verify  the  service  thereof,  and  who  shall  keep  a  record 
of  the  fact  of  giving  such  notices,  when  delivered  by  himself  personally,  and 
also  of  the  notices  and  proof  of  service  when  delivered  by  any  other  person. 
[Amendment,  Stats.  1889,  170.] 

§  20.  Whenever  any  street,  or  portion  of  a  street,  has  been  or  shall  hereafter 
be  fully  constructed  to  the  satisfaction  of  the  superintendent  of  streets  and  of 
the  city  council,  and  is  in  good  condition  throughout,  and  a  sewer,  gas  pipes, 
and  water  pipes  are  laid  therein,  under  such  regulations  as  the  city  council 
shall  adopt,  the  same  shall  be  accepted  by  the  city  council,  by  ordinance,  and 


1326  STREET    LAW — ORDINANCES     REGULATING     STREETS. 

thereafter  shall  be  kept  in  repair  and  improved  by  the  said  municipality;  the 
expense  thereof,  together  with  the  assessment  for  street  work  done  in  front  of 
city  property,  to  be  paid  out  of  a  fund  to  be  provided  by  said  council  for  that 
purpose ;  provided,  that  the  city  council  shall  not  accept  of  any  portion  of  the 
street  less  than  the  entire  width  of  the  roadway  (including  the  curbing),  and 
one  block  in  length,  or  one  entire  crossing ;  and,  provided  further,  that  the  city 
council  may  partially  or  conditionally  accept  any  street,  or  portion  of  a  street, 
without  a  sewer,  or  gas  pipes,  or  water  pipes  therein,  if  the  ordinance  of  ac- 
ceptance expressly  states  that  the  council  deems  such  sewer,  or  gas  pipes,  or 
water  pipes,  to  be  then  unnecessary,  but  the  lots  of  land  previously,  or  at  any 
time,  assessable  for  the  cost  of  constructing  a  sewer,  shall  remain  and  be  assess- 
able for  such  cost,  and  for  the  cost  of  repairs  and  restoration  of  the  street 
damaged  in  the  said  construction,  whenever  said  council  shall  deem  a  sewer  to 
be  necessary,  and  shall  order  it  to  be  constructed,  the  same  as  if  no  partial  or 
conditional  acceptance  had  ever  been  made.  The  superintendent  of  streets 
shall  keep  in  his  office  a  register  of  all  streets  accepted  by  the  city  council 
under  this  section,  which  register  shall  be  indexed  for  easy  reference  thereto. 
§  21.  The  superintendent  of  streets  shall  keep  a  public  office  in  some  con- 
venient place  within  the  municipality,  and  such  records  as  may  be  required  by 
the  provisions  of  this  act.  He  shall  superintend  and  direct  the  cleaning  of  all 
sewers,  and  the  expense  of  the  same  shall  be  paid  out  of  the  street  or  sewer 
fund  of  said  city. 

§  22.  It  shall  be  the  duty  of  the  superintendent  of  streets  to  see  that  the 
laws,  ordinances,  orders,  and  regulations  relating  to  the  public  streets  and  high- 
ways be  fully  carried  into  execution,  and  that  the  penalties  thereof  are  rigidly 
enforced.  He  shall  keep  himself  informed  of  the  condition  of  all  the  public 
streets  and  highways,  and  also  of  all  public  buildings,  parks,  lots,  and  grounds 
of  said  city,  as  may  be  prescribed  by  the  city  council.  He  shall,  before  entering 
upon  the  duties  of  his  office,  give  bonds  to  the  municipality,  with  such  sureties 
and  for  such  sums  as  may  be  required  by  the  city  council ;  and  should  he  fail 
to  see  the  laws,  ordinances,  orders,  and  regulations  relative  to  the  public  streets 
or  highways  carried  into  execution,  after  notice  from  any  citizen  of  a  violation 
thereof,  he  and  his  sureties  shall  be  liable  upon  his  official  bond  to  any  person 
injured  in  his  person  or  property  in  consequence  of  said  official  neglect. 

§  23.  If,  in  consequence  of  any  graded  .street  or  public  highway  improved 
under  the  provisions  of  this  act,  being  out  of  repair  and  in  condition  to  endanger 
persons  or  property  passing  thereon,  any  person,  while  carefully  using  said  street 
or  public  highway,  and  exercising  ordinary  care  to  avoid  danger,  suffer  damage 
to  his  person  or  property,  through  any  such  defect  therein,  no  recourse  for  dam- 
ages thus  suffered  shall  be  had  against  such  city ;  but  if  such  defect  in  the  street 
or  public  highway  shall  have  existed  for  the  period  of  twenty-four  hours  or  more 
after  notice  thereof  to  the  said  superintendent  of  streets,  then  the  person  or 
persons  on  whom  the  law  may  have  imposed  the  obligations  to  repair  such  de- 
fect in  the  street  or  public  highway,  and  also  the  officer  or  officers  through  whose 
official  negligence  such  defect  remains  unrepaired,  shall  be  jointly  and  severally 
liable  to  the  party  injured  for  the  damage  sustained ;  provided,  that  said  super- 
intendent has  the  authority  to  make  said  repairs,  under  the  direction  of  the  city 
council,  at  the  expense  of  the  city. 


STREET  LAW— CLEANING   STREETS,  ETC. — PAYMENT  OF  EXPENSE  OF.        1327 

§  24.  The  city  council  of  such  city  shall  have  full  power  and  authority  to 
construct  sewers,  gutters,  and  manholes,  and  provide  for  the  cleaning  of  the 
same,  and  culverts  or  cesspools,  or  crosswalks  or  sidewalks,  or  any  portion  of  any 
sidewalk,  upon  or  in  any  street,  avenue,  lane,  alley,  court,  or  place  in  such  city ; 
and  also  for  drainage  purposes,  over  or  through  any  right  of  way  obtained  or 
granted  for  such  purposes,  with  necessary  and  proper  outlet  or  outlets  to  the 
same,  of  such  materials,  in  such  a  manner,  and  upon  such  terms  as  it  may  be 
deemed  proper.  None  of  the  work  or  improvements  described  in  this  section  shall 
be  stayed  or  prevented  by  any  written  or  any  other  remonstrance  or  objection, 
unless  such  council  deems  proper.     [Amendment,  Stats.  1893,  173.] 

§  25.  The  city  council  may,  in  its  discretion,  repair  and  w'ater  streets  that 
shall  have  been  graded,  curbed,  and  planked,  paved,  or  macadamized,  and  may 
build,  repair,  and  clean  sew^ers,  and  shall  provide  a  street  contingent  fund  at  the 
same  time  and  in  the  same  manner  as  other  funds  are  provided,  out  of  which  to 
pay  the  costs  and  expenses  of  making  said  repairs,  and  watering  said  streets,  and 
building,  repairing,  and  cleaning  said  sewers;  but  whenever  any  unaccepted 
street  or  part  of  a  street  requires  regrading,  recurbing,  repiling,  repaving,  re- 
planking,  regraveling,  or  remacadamizing,  or  requires  new  culverts,  or  new  cross- 
M'alks,  or  new  sidewalks,  or  new  sewers,  the  work  shall  be  advertised  and  let  out 
by  contract,  and  the  costs  and  expenses  thereof  shall  be  assessed  upon  the  prop- 
erty affected  or  benefited  thereby,  the  same  as  in  the  first  instance. 

§  26.  The  city  council  may,  in  its  discretion,  order,  by  resolution,  that  the 
whole  or  any  part  of  the  cost  and  expenses  of  any  of  the  work  mentioned  in  this 
act  be  paid  out  of  the  treasury  of  the  municipality  from  such  fund  as  the  council 
may  designate.  Whenever  a  part  of  such  cost  and  expenses  is  so  ordered  to  be 
paid,  the  superintendent  of  streets,  in  making  up  the  assessment  heretofore  pro- 
vided for  such  cost  and  expenses,  shall  first  deduct  from  the  whole  cost  and 
expenses  such  part  thereof  as  has  been  so  ordered  to  be  paid  out  of  the  municipal 
treasury,  and  shall  assess  the  remainder  of  said  cost  and  expenses  proportionately 
upon  the  lots,  parts  of  lots,  and  lands  fronting  on  the  streets  where  said  work 
was  done,  or  liable  to  be  assessed  for  such  w^ork,  and  in  the  manner  heretofore 
provided.     [Amendment,  Stats.  1891,  206.] 

PART  II. 

§  27.  Whenever  the  city  council  deem  it  necessary  to  construct  a  sewer,  then 
the  said  council  may,  in  its  discretion,  determine  to  construct  said  sewer,  and 
assess  the  cost  and  expenses  thereof  upon  the  property  to  be  affected  or  benefited 
thereby,  in  such  manner  and  within  such  assessment  district  as  it  shall  prescribe, 
and  the  lien  therefor  upon  said  property  shall  be  the  same  as  is  provided  in  sec- 
tion nine  of  this  act,  or  said  council  may  determine  to  construct  said  sewer  and 
pay  therefor  out  of  the  street  contingent  fund. 

§  28.  If,  at  any  time,  the  city  council  shall  deem  it  necessary  to  incur  any 
indebtedness  for  the  construction  of  sewers,  in  excess  of  the  money  in  the  street 
contingent  fund  applicable  to  the  construction  of  such  sewers,  they  shall  give 
notice  of  a  special  election  by  the  qualified  electors  of  the  city,  to  be  held  to 
determine  whether  such  indebtedness  shall  be  incurred.  Such  notice  shall  specify 
the  amount  of  indebtedness  proposed  to  be  incurred,  the  route  and  general  char- 
acter of  the  sewer,  or  sewers  to  be  constructed,  and  the  amount  of  money  necessary 


1338        STREET  LAW — SEAVER  CONSTRUCTION— ISSUANCE  AND   SALE   OF  BONDS. 

to  be  raised  annually  by  taxation  for  an  interest  and  sinking  fund  as  herein- 
after provided.  Such  notice  shall  be  published  for  at  least  three  weeks  in  some 
newspaper  published  in  such  city,  and  no  other  question  or  matter  shall  be  sub- 
mitted to  the  electors  at  such  election.  If,  upon  a  canvass  of  the  votes  cast  at 
such  election,  it  appear  that  not  less  than  two  thirds  of  all  the  qualified  electors 
voting  at  such  election  shall  have  voted  in  favor  of  incurring  such  indebtedness, 
it  shall  be  the  duty  of  the  city  council  to  pass  ah  ordinance  providing  for  the 
mode  of  creating  such  indebtedness,  and  of  paying  the  same;  and  in  such  ordi- 
nance provision  shall  be  made  for  the  levy  and  collection  of  an  annual  tax  upon 
all  the  real  and  personal  property  .subject  to  taxation,  within  such  city,  sufficient 
to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  to  constitute 
a  sinking  fund  for  the  payment  of  the  principal  thereof,  within  a  period  of  not 
more  than  twenty  years  from  the  time  of  contracting  the  same.  It  shall  be  the 
duty  of  the  city  council  in  each  year  thereafter,  at  the  time  when  other  taxes 
are  levied,  to  levy  a  tax  sufficient  for  such  purpose,  in  addition  to  the  taxes  au- 
thorized to  be  levied  for  city  purposes.  Such  tax,  when  collected,  shall  be  kept 
in  the  treasury  as  a  separate  fund,  to  be  inviolably  appropriated  to  the  payment 
of  the  principal  and  interest  of  such  indebtedness. 

§  29.  If  bonds  are  issued  under  the  provisions  of  the  la.st  section,  said  bonds 
shall  be  in  sums  of  not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  shall  be  signed  by  the  mayor  and  treasurer  of  the  city,  and  the  seal  of 
the  city  shall  be  affixed  thereto.  Coupons  for  the  interest  shall  be  attached  to 
each  bond,  signed  by  the  mayor  and  treasurer.  Said  bonds  shall  bear  interest^ 
to  be  fixed  by  the  city  council,  at  the  rate  of  not  to  exceed  five  per  centum  per 
annum. 

'  §  30.  Before  the  sale  of  said  bonds,  the  council  shall,  at  a  regular  meeting,  by 
resolution,  declare  its  intention  to  sell  a  specified  amount  of  said  bonds,  and  the 
day  and  hour  of  such  sale,  and  shall  cause  such  resolution  to  be  entered  in  the 
minutes,  and  shall  cause  notice  of  such  sale  to  be  published  for  fifteen  days  in 
at  least  one  newspaper  published  in  the  city  in  which  the  bonds  are  issued,  and 
one  published  in  the  city  and  county  of  San  Francisco,  and  in  any  other  news- 
paper in  the  state,  at  their  discretion.  The  notice  shall  .state  that  sealed  pro- 
posals will  be  received  by  the  council  for  the  purchase  of  the  bonds  on  the  day 
and  hour  named  in  the  resolution.  The  council,  at  the  time  appointed,  shall 
open  the  proposals  and  award  the  purchase  of  the  bonds  to  the  highest  bidder, 
but  many  reject  all  bids. 

§  31.  The  council  may  sell  said  bonds,  at  not  less  than  par  value,  without  the 
notice  provided  for  in  the  preceding  section. 

§  32.  The  proceeds  of  the  sale  of  the  bonds  shall  be  deposited  in  the  city 
treasury,  to  the  account  of  the  sewer  fund,  but  no  payment  therefrom  shall  be 
made,  except  to  pay  for  the  construction  of  the  sewer  or  sewers,  for  the  construc- 
tion of  which  the  bonds  were  issued,  and  upon  the  certificate  of  the  superintend- 
ent of  streets  and  the  city  engineer  that  the  work  has  been  done  according  to  the 
contract ;  provided,  that  after  the  completion  of  the  sewers,  for  the  construction 
of  which  said  bonds  were  issued,  if  there  be  any  money  of  said  fund  left  in  the 
treasury,  the  same  may  be  transferred  to  the  general  fund,  for  general  purposes. 
[Amendment,  Stats.  1887,  148.] 


STREET    LAW — SEAVER     CONSTRUCTIOIV— MACADAMIZING— REPORT.  1229 

§  33.  Whenever  said  council  shall  determine  to  construct  any  sewer,  and  pay 
therefor  out  of  the  street  contingent  fund,  or  by  the  issuance  of  bonds,  as  above 
provided,  then  said  council  shall  cause  to  be  prepared  plans  and  specifications 
of  said  work  in  sections,  and  shall  advertise  for  twenty  days  in  at  least  one 
newspaper  published  in  the  city  in  which  the  sewer  is  to  be  constructed,  and  one 
in  the  city  and  county  of  San  Francisco,  for  sealed  proposals  for  constructing 
said  sewer.  The  work  may  be  let  in  sections,  and  must  be  awarded  to  the  lowest 
responsible  bidder,  the  council  having  the  right  to  reject  any  and  all  bids.  The 
work  shall  be  done  and  the  materials  furnished  under  the  supervision  and  to  the 
satisfaction  of  the  superintendent  of  streets  and  the  city  engineer. 

PART  III. 

§  34.  First — The  city  engineer,  or  where  there  is  no  city  engineer,  the  county, 
or  city  and  county  surveyor,  shall  be  the  proper  officer  to  do  the  surveying  and 
other  engineering  work  necessary  to  be  done  under  this  act,  and  to  survey  and 
measure  the  work  to  be  done  under  contracts  for  grading  and  macadamizing 
streets,  and  to  estimate  the  costs  and  expenses  thereof;  and  every  certificate 
signed  by  him  in  his  official  character  shall  be  prima  facie  evidence  in  all  courts 
in  this  state  of  the  truth  of  its  contents.  He  shall  also  keep  a  record  of  all 
surveys  made  under  the  provisions  of  this  act,  as  in  other  cases.  In  all  those 
cities  where  there  is  no  city  engineer,  the  city  council  thereof  is  hereby  authorized 
and  empowered  to  appoint  a  suitable  person  to  discharge  the  duties  herein  laid 
down  as  those  of  city  engineer,  and  all  the  provisions  hereof  applicable  to  the 
city  engineer  shall  apply  to  such  person  so  appointed.  Said  city  council  is  hereby 
empowered  to  fix  his  compensation  for  such  services. 

Second — The  words  "work,"  "improve,"  "improved"  and  "improvement," 
as  used  in  this  act,  shall  include  all  work  mentioned  in  this  act,  and  also  the 
construction,  reconstruction  and  repairs  of  all  or  any  portion  of  said  work. 

Third — The  term  "incidental  expenses,"  as  used  in  this  act,  shall  include  the 
compensation  of  the  city  engineer  for  work  done  by  him ;  also  the  cost  of  printing 
and  advertising  as  provided  in  this  act,  and  not  otherwise;  also,  the  compensation 
of  the  person  appointed  by  the  superintendent  of  streets  to  take  charge  of  and 
superintend  any  of  the  work  mentioned  in  section  thirty-five  of  this  act.  All 
demands  for  incidental  expenses  mentioned  in  this  subdivision  shall  be  presented 
to  Ihe  street  superintendent  by  itemized  bill,  duly  verified  by  oath  of  the 
demandant. 

Fourth — The  notices,  resolutions,  orders  or  other  matter  required  to  be  pub- 
lished by  the  provisions  of  this  act,  and  of  the  act  of  which  this  is  amendatory, 
shall  be  published  in  a  daily  newspaper,  in  cities  where  such  there  is,  and  where 
there  is  no  daily  newspaper,  in  a  semiweekly  or  weekly  newspaper,  to  be  desig- 
nated by  the  council  of  such  city,  as  often  as  the  same  is  issued,  and  no  other 
statute  shall  govern  or  be  applicable  to  the  publications  herein  provided  for; 
provided,  however,  that  only  in  ca.se  there  is  no  daily,  semiw^eekly  or  weekly  news- 
paper printed  or  circulated  in  any  such  city,  then  such  notices,  resolutions,  orders 
or  other  matters  as  are  herein  required  to  be  published  in  a  newspaper,  shall  be 
posted  and  kept  posted  for  the  same  length  of  time  as  required  herein  for  the 
publication  of  the  same  in  a  daily,  semiweekly  or  weekly  newspaper,  in  three  of 
the  most  public  places  in  such  city.    Proof  of  the  publication  or  posting  of  any 

Gen.  Laws — 84 


1330  STREET    LAW— MACADAMIZING    STREETS— DEFINITION    OF    TERMS. 

notice  provided  for  herein  shall  be  made  by  affidavit  of  the  owner,  publisher  or 
clerk  of  the  newspaper,  or  of  the  poster  of  the  notice.  No  publication  or  notice, 
other  than  that  provided  for  in  this  act,  shall  be  necessary  to  give  validity  to  any 
of  the  proceedings  provided  for  therein. 

Fifth — The  word  "municipality"  and  the  word  "city,"  as  used  in  this  act, 
shall  be  understood  and  so  construed  as  to  include,  and  is  hereby  declared  to 
include,  all  corporations  heretofore  organized  and  now  existing,  and  those  here- 
after organized,  for  municipal  purposes. 

Sixth — The  words  "paved"  or  "repaved,"  as  used  in  this  act,  shall  be  held  to 
mean  and  include  pavement  of  stone,  whether  paving  blocks  or  macadamizing, 
or  of  bituminous  rock  or  asphalt,  or  of  iron,  wood  or  other  material,  whether 
patented  or  not,  which  the  city  council  shall  by  ordinance  adopt. 

Seventh — The  word  "street,"  as  used  in  this  act,  shall  be  deemed  to,  and  is 
hereby  declared  to,  include  avenues,  highways,  lanes,  alleys,  crossings,  or  inter- 
sections, courts  and  places,  and  the  term  "main  street"  means  such  actually 
opened  street  or  streets  as  bound  a  block;  the  w^ord  "blocks,"  whether  regular 
or  irregular,  shall  mean  such  blocks  as  are  bounded  by  main  streets,  or  partially 
by  a  boundary  line  of  the  city. 

Eighth — The  terms  "street  superintendent"  and  "superintendent  of  streets," 
as  used  in  this  act,  shall  be  understood  and  so  construed  as  to  include,  and  are 
hereby  declared  to  include,  any  person  or  officer  whose  duty  it  is,  under  the  law, 
to  have  the  care  or  charge  of  the  streets,  or  the  improvement  thereof  in  any  city. 
In  all  those  cities  where  there  is  no  street  superintendent  or  superintendent  of 
streets,  the  city  council  thereof  is  hereby  authorized  and  empowered  to  appoint 
a  suitable  person  to  discharge  the  duties  herein  laid  down  as  those  of  street  super- 
intendent or  superintendent  of  streets ;  and  all  provisions  hereof  applicable  to 
the  street  superintendent  or  superintendent  of  streets  shall  apply  to  such  person 
so  appointed. 

Ninth — The  term  "city  council"  is  hereby  declared  to  include  any  body  or 
board  which,  under  the  law,  is  the  legislative  department  of  the  government  of 
any  city. 

Tenth — In  municipalities  in  w^hich  there  is  no  mayor,  then  the  duties  imposed 
upon  said  officer  by  the  provisions  of  this  act  shall  be  performed  by  the  president 
of  the  board  of  trustees,  or  other  chief  executive  officer  of  the  municipality. 

Eleventh — The  term[s]  "clerk"  and  "city  clerk,"  as  used  in  this  act,  is  [are] 
hereby  declared  to  include  any  person  or  officer  who  shall  be  clerk  of  the  said  city 
council. 

Twelfth — The  term  "quarter  block,"  as  used  in  this  act  as  to  irregular  blocks, 
shall  be  deemed  to  include  all  lots  or  portions  of  lots  having  any  frontage  on 
either  intersecting  street  half-way  from  such  intersection  to  the  next  main 
street,  or,  when  no  main  street  intervenes,  all  the  way  to  a  boundary  line  of  the 
city. 

Thirteenth — The  term  "one  year,"  as  u.sed  in  this  act,  shall  be  deemed  to 
include  the  time  beginning  with  January  first  and  ending  with  the  thirty-first 
day  of  December  of  the  same  year. 

Fourteenth — References  in  certain  sections,  by  number,  to  certain  other  sec- 
tions of  "this  act"  refer  to  the  number  of  the  sections  of  the  original  act,  as 
heretofore  amended,  unless  it  appears  from  the  context  that  the  reference  is  to  the 


STREET    LAW— SUPERINTENDENT    OP    STREETS— DUTIES    AND    POWERS.         1331 

section  of  this  amendatory  act,  when  it  shall  be  construed  according  to  the  con- 
text.    [Amendment,  Stats.  1891,  206.] 

§  35.  The  superintendent  of  streets  in  all  cities  having  a  population  of  fifty 
thousand  or  over  shall,  when  in  his  judgment  it  is  necessary,  appoint  a  suitable 
person  to  take  charge  of  and  superintend  the  construction  and  improvement  of 
each  and  every  sewer  constructed  or  improved  under  the  provisions  of  this  act, 
and  of  piling  and  capping,  sidewalks,  or  of  the  paving  of  whatever  character 
heretofore  mentioned,  in  whole  or  in  part,  of  one  block  or  more,  whose  duty  it 
shall  be  to  see  that  the  contract  made  for  the  doing  of  said  work  is  strictly  ful- 
filled in  every  respect,  and  in  case  of  any  departure  therefrom  to  report  the 
san:)  to  the  superintendent  of  streets.  Such  person  shall  be  allowed  for  his 
tiire  actually  employed  in  the  discharge  of  his  duties  such  compensation  as  shall 
be  just,  but  not  to  exceed  four  dollars  per  day.  The  sum  to  which  the  party  so 
employed  shall  be  entitled  shall  be  deemed  to  be  incidental  expenses,  within  the 
meaning  of  those  words  as  defined  by  this  act.     [Amendment,  Stats.  1903,  88.] 

§36.  The  act  entitled  "An  act  to  provide  for  the  improvement  of  streets, 
lanes,  alleys,  courts,  places,  and  sidewalks,  and  the  construction  of  sewers  within 
municipalities,"  approved  March  sixth,  eighteen  hundred  and  eighty-three,  is 
hereby  f epealed ;  provided,  that  any  work  or  proceedings  commenced  thereunder 
prior  to  the  passage  of  this  act  shall  in  nowise  be  affected  hereby,  but  shall  in  all 
respects  be  finished  and  completed  under  said  act  of  March  sixth,  eighteen  hun- 
dred and  eighty-three,  and  said  repeal  shall  in  nowise  affect  said  work  or  pro- 
ceedings. 

§  37.  That  said  act  shall  take  effect  and  be  in  force  immediately  upon  its 
passage,  and  all  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  re- 
pealed ;  and  provided,  however,  that  any  vvork  or  proceeding  of  the  city  council 
commenced  under  the  act  of  which  this  is  amendatory  shall  in  nowise  be  affected 
thereby,  but  shall  in  all  respects  be  finished  and  completed  thereunder.  [Amend- 
ment, Stats.  1893,  173.] 

§  38.  The  city  council  is  hereby  empowered  to  change  or  modify  the  grade 
of  any  public  street,  lane,  alley,  place,  or  court,  and  to  regrade  or  repave  the 
same,  so  as  to  conform  to  such  modified  grade,  in  the  manner  as  hereinafter  pro- 
vided. Before  any  change  of  grade  is  ordered  the  city  council  shall  pass  an 
ordinance  or  resolution  of  intention  to  make  such  change  or  modification  of 
grade,  and  it  shall  have  power  at  the  same  time  and  in  the  same  ordinance  or 
resolution  to  provide  for  the  actual  cost  of  performing  the  work  of  regrading, 
repaving,  sewering,  sidewalking,  or  curbing  of  said  street  or  portion  of  street, 
with  the  same  or  other  material  with  which  it  was  formerly  graded,  paved,  sew- 
ered, sidewalked,  or  curbed ;  and  that  the  cost  of  the  same  shall  also  be  assessed 
upon  the  same  district  which  is  declared  to  be  benefited  by  such  changed  or  modi- 
fied grade.  One  or  more  streets  or  blocks  of  streets  may  be  embraced  in  the  same 
ordinance  or  resolution.  Such  ordinance  or  resolution  shall  be  published  in  the 
newspaper  in  which  the  official  notices  of  the  city  council  are  usually  printed  and 
published,  and  such  newspaper  is  to  be  designated  in  such  ordinance  or  resolu- 
tion. Such  publication  shall  be  made  in  every  regular  issue  of  such  paper  for 
not  less  than  ten  days,  and  shall  describe  the  proposed  change  or  modification  of 
grade  or  regrading,  and  shall  designate  and  establish  the  district  to  be  benefited 


1332         STRKET    LAW— CHANGING    GRADE    OP    STREETS— NOTICE— DAMAGES. 

by  such  change  or  modification  of  grade  or  regrading,  and  to  be  assessed  for  the 
cost  of  the  same.  Within  five  days  after  the  first  publication  of  the  ordinance  or 
resolution  of  intention,  the  superintendent  of  streets  shall  cause  to  be  conspicu- 
ously posted  within  the  district  designated  in  the  ordinance  or  resolution,  notice 
of  the  passage  of  said  resolution.  Said  notices  shall  be  the  same  in  all  require- 
ments of  contents  and  posting  as  the  "Notices  of  Street  Work"  provided  for  in 
section  three  of  the  original  act  to  which  this  is  amendatory.  If  no  objection  to 
said  proposed  change  or  changes,  or  modifications  of  grade,  shall  be  filed  with 
the  clerk  of  the  council  within  thirty  days  from  the  first  publication  of  the  ordi- 
nance or  resolution  of  intention  hereinbefore  mentioned,  the  city  council  shall 
have  power  to  declare  such  grades  to  be  changed  and  established  in  conformity 
to  said  ordinance  or  resolution ;  provided,  that  no  change  of  an  established  grade 
shall  be  ordered  except  on  petition  of  the  owners  of  a  majority  of  the  property 
affected  by  the  proposed  change  of  grade.     [Amendment,  Stats.  1893,  89.] 

§  39.  Within  thirty  days  after  the  first  publication  of  said  notice,  any  person 
owning  property  fronting  upon  said  portions  of  the  street  or  streets  where  such 
change  of  grade  is  made,  may  file  a  petition  with  the  clerk  of  the  city  council 
showing  the  fact  of  such  ownership,  the  description  and  situation  of  the  prop- 
erty claimed  to  be  damaged,  its  market  value,  and  the  estimated  amount  of 
damages  over  and  above  all  benefits  which  the  property  would  sustain  by  the  pro- 
posed change  if  completed.  Such  petition  shall  be  verified  by  the  oath  of  the 
petitioners  or  their  agents.     [Amendment,  Stats.  1893,  90.] 

§  40.  Whenever  such  petition  or  petitions  have  been  filed,  the  mayor,  sur- 
veyor, and  superintendent  of  streets  of  the  city,  or  city  and  county,  acting  as  a 
board  of  commissioners,  shall  assess  the  benefits,,  damages,  and  costs  of  the  pro- 
posed change  of  grade  upon  each  separate  lot  of  land  situated  within  such  assess- 
ment district,  as  said  lot  appears  of  record  upon  the  last  city,  or  city  and  county 
assessment  roll.     [Amendment,  Stats.  1893,  90.] 

§  41.  The  commissioners  shall  be  sworn  to  make  the  assessments  of  benefits 
and  damages  to  the  best  of  their  judgment  and  ability,  without  fear  or  favor. 
[Amendment,  Stats.  1893,  90.] 

§  42.  The  commissioners  shall  have  power  to  subpoena  witnesses  to  appear 
before  them  to  be  examined  under  oath,  which  any  one  of  said  commissioners  is 
authorized  to  administer.     [Amendment,  Stats.  1893,  90.] 

§  43.  The  commissioners  having  determined  the  damage  which  would  be  sus- 
tained by  each  petitioner,  in  excess  of  all  benefits,  shall  proceed  to  assess  the 
total  amount  thereof,  together  with  the  costs,  charges,  and  expenses  of  the  pro- 
ceedings, upon  the  several  lots  of  land  benefited  within  the  district  of  assessment, 
so  that  each  of  the  lots  shall  be  assessed  in  accordance  with  its  benefits  caused 
by  such  work  or  improvement ;  and  during  the  progress  of  their  work  shall  make 
a  report  to  such  city  council  as  often  as  it  may  be  required.  [Amendment, 
Stats.  1893,  90.] 

§  44.  The  commissioners  shall  make  their  report,  in  writing,  and  shall  sub- 
scribe to  the  same  and  file  with  the  city  council.  In  their  said  report  they  shall 
describe  .separately  each  piece  of  property  which  will  sustain  damage,  stating 
the  amount  of  damages  each  will  sustain  over  and  above  all  benefits.  They  shall 
also  give  a  brief  description  of  each  lot  benefited  within  said  assessment  district, 


STREET    LAW— CHANGE    OF    GRADE— DAMAGES — CONFLICTING    CLAIMS.         1333 

the  name  of  the  owner,  if  known,  and  the  amount  of  benefits  in  excess  of  dam- 
ages assessed  against  the  same.  In  case  the  three  commissioners  do  not  agree, 
the  award  agreed  upon  by  any  two  of  them  shall  be  sufficient.  In  designating 
the  lots  to  be  assessed,  reference  may  be  had  to  a  diagram  of  the  property  in 
the  district  affected;  such  diagram  to  be  attached  to  and  made  a  part  of  the 
report  of  the  commissioners.     [Amendment,  Stats.  1893,  90.] 

§  45,  If  in  any  case  the  commissioners  find  that  conflicting  claims  of  title 
exist,  or  shall  be  in  ignorance  or  doubt  of  the  ownership  of  any  lot  or  land,  or 
any  improvement  thereon,  or  any  interest  therein,  it  shall  be  set  down  as  belong- 
ing to  unknown  owners.  Error  in  the  designation  of  the  owner  or  owners  of  any 
land  or  improvements,  or  particulars  of  their  interest,  shall  not  afi:'ect  the  validity 
of  the  assessment.  On  the  filing  of  said  report,  the  clerk  of  said  city  council 
shall  give  notice  of  such  filing  by  the  publication  of  at  least  ten  days  in  one  or 
more  daily  newspapers  published  and  circulated  in  said  city;  or  if  there  be  no 
daily  newspaper,  by  three  successive  issues  in  a  weekly  or  semiweekly  newspaper 
so  published  and  circulated;  and  said  notice  shall  require  all  persons  interested 
to  show  cause,  if  any,  why  such  report  should  not  be  confirmed,  before  the  city 
council,  on  a  day  to  be  fixed  by  the  city  council  and  stated  in  said  notice,  which 
day  shall  not  be  less  than  twenty  days  from  the  first  publication  thereof.. 
[Amendment,  Stats.  1893,  91.] 

§  46.     All  objections  shall  be  in  writing  and  filed  wdth  the  clerk  of  the  city 
council,  who  shall,  at  the  next  meeting  after  the  date  fixed  in  the  notice  to  show 
cause,  lay  the  said  objections,  if  any,  before  the  council,  which  shall  fix  a  time 
for  hearing  the  same;  of  which  time  the  clerk  shall  notify  the  objectors  in  the 
same  manner  as  are  notified  objectors  to  the  original  resolution  of  intention.    At 
the  time  set,  or  at  such  other  time  as  the  hearing  may  be  adjourned,  the  city 
council  shall  hear  such  objections  and  pass  upon  the  same,  and  at  such  time  shall 
proceed  to  pass  upon  such  report,  and  may  confirm,  correct,  or  modify  the  same, 
or  may  order  the  commissioners  to  make  a  new  assessment,  report,  and  plat, 
which  shall  be  filed,  notice  given  and  had,  as  in  the  case  of  an  original  report. 
In  case  the  ordinance  or  resolution  of  intention  also  provides  for  the  assessing 
upon  the  district  the  cost  of  regrading  or  repaving  such  street  or  streets  to  such 
changed  or  modified  grade,  after  the  report  of  the  commissioners  as  to  the  dam- 
ages caused  by  such  change  of  grade  has  been  passed  upon  by  the  city  council, 
it  shall  then  advertise  for  bids  to  perform  the  work  of  regrading,  repaving, 
sewering,  sidewalking,  or  curbing  such  street  or  streets  with  the  same  or  other 
material  with  which  the  same  had  been  formerly  graded,  paved,  sewered,  side- 
walked,  or  curbed;  first  causing  a  notice,  with  specifications,  to  be  posted  con- 
spicuously for  five  days  on  or  near  the  council  chamber  door,  inviting  sealed 
proposals  for  bids  for  doing  such  work,  and  shall  also  cause  notices  of  said  work, 
inviting  said  proposals  and  referring  to  the  specifications  posted  or  on  file,  to  be 
published  two  days  in  a  daily,  semiweekly,  or  weekly  newspaper  published  and 
circulated  in  said  city,  and  designated  by  the  city  council  for  that  purpose,  and 
in  case  there  is  no  newspaper  published  in  the  city,  then  it  shall  be  posted  as 
provided  in  section  three  of  the  original  act  to  which  this  is  amendatory.     All 
proposals  or  bids  offered  shall  be  accompanied  by  a  check,  payable  to  the  order 
of  the  mayor  of  the  city,  and  certified  by  a  responsible  bank  for  that  amount, 
which  shall  not  be  less  than  ten  per  centum  of  the  aggregate  of  the  proposals ; 


1334  STREET    LAW— CHANGE    OF    GRADE— AWARDING    CONTRACT    FOR. 

or  by  a  bond  for  said  amount,  signed  by  the  bidder  and  two  sureties,  who  shall 
justify  under  oath  in  double  said  amount  over  and  above  all  statutory  exemp- 
tions. Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of  the  said  city 
council,  and  said  council  shall  in  open  session,  examine  and  publicly  declare  the 
same;  provided,  however,  that  no  proposal  or  bid  shall  be  considered  unless 
accompanied  by  a  check  or  a  bond  satisfactory  to  the  council.  The  city  council 
may  reject  any  and  all  bids,  and  may  award  the  contract  to  the  lowest  responsible 
bidder,  which  award  shall  be  approved  by  the  mayor  or  the  three-fourths  vote 
of  the  city  council.  If  not  approved  by  the  mayor  or  the  three-fourths  vote  of 
the  city  council,  the  city  council  may  readvertise  for  proposals  or  bids  for  the 
performance,  of  the  work,  as  in  the  first  instance,  and  thereafter  proceed  in  the 
manner  in  this  section  provided.  All  checks  accompanying  bids  shall  be  held 
by  the  clerk  until  the  bearer  has  entered  into  a  contract,  as  herein  provided; 
and  in  case  he  refuses  so  to  do,  then  the  amount  of  his  certified  check  shall  be 
declared  forfeited  to  the  city,  and  shall  be  collected  and  paid  into  its  general 
fund,  and  all  bonds  so  forfeited  shall  be  prosecuted,  and  the  amount  thereon 
collected  paid  into  such  fund.  Notice  of  the  awards  of  the  contracts  shall  be 
published  and  posted  in  the  same  manner  as  hereinbefore  provided  for  the  post- 
ing of  proposals  for  said  work.     [Amendment,  Stats.  1893,  91.] 

§  47.  After  such  contract  has  been  awarded  and  entered  into,  the  clerk  of 
the  city  council  shall  certify  to  the  city  council  that  fact,  together  with  the  total 
amount  of  the  cost  of  the  same,  whereupon  the  city  council  shall  cause  to  be  for- 
warded to  the  commissioners  a  copy  of  such  certificate;  whereupon  such  com- 
missioners shall  proceed  to  assess  the  cost  of  doing  such  work  upon  all  the  lots 
and  land  lying  within  the  district  to  be  assessed,  distributing  the  same  so  that 
each  lot  will  be  assessed  for  its  proportion  of  the  same,  according  to  the  benefits 
it  receives  from  the  work,  and  in  the  same  manner  in  which  the  damages  caused 
by  the  change  of  grade  were  assessed  upon  the  same.  Such  commissioners,  in 
making  such  assessment,  shall  show  the  total  amount  for  which  each  lot  or  tract 
is  assessed,  in  excess  of  all  benefits,  for  the  total  cost  of  changing  and  modifying 
the  grade  of  the  street,  as  well  as  the  regrading,  repaving,  sewering,  sidewalking. 
and  curbing  of  the  same,  and  costs  or  damages  connected  therewith.  The  pro- 
visions of  the  act  to  which  this  is  amendatory  in  regard  to  the  mode  or  manner 
of  the  assessment  of  the  cost  of  such  work  shall  not  apply  to  the  work  herein 
contemplated;  neither  shall  the  provisions  of  the  same  in  regard  to  the  issuing 
of  bonds  to  represent  the  cost  of  the  same,  nor  the  provisions  in  regard  to  the 
right  of  protest  against  the  work.     [Amendment,  Stats.  1893,  92.] 

§  48.  The  clerk  of  said  city  council  shall  forward  to  the  street  superintendent 
of  the  city  a  certified  copy  of  the  report,  as.sessment,  and  plat,  as  finally  con- 
firmed and  adopted  by  the  city  council.  Such  certified  copy  shall  thereupon  be 
cfie  assessment  roll,  the  cost  of  which  shall  be  provided  for  by  the  commissioners, 
as  a  portion  of  the  cost  of  the  proceedings  therein.  Immediately  upon  receipt 
thereof  by  the  street  superintendent,  the  assessment  therein  contained  shall 
become  due  and  payable,  and  shall  be  a  lien  upon  all  the  property  contained  or 
described  therein.     [Amendment,  Stats.  1893,  93.] 

§  49.  The  superintendent  of  streets  shall  thereupon  give  notice,  by  publica- 
tion for  ten  days  in  one  or  more  daily  newspapers  published  and  circulated  in 
said  city,  or  city  and  county,  or  two  successive  insertions  in  a  weekly  or  semi- 


STREET   LAAV — CHAIVGE    OF    GRADE— ADOPTED    PLOT— NOTICE    OF.  13S5 

weekly  newspaper  so  published  and  circulated,  that  he  has  received  said  assess- 
ment roll,  and  that  all  sums  levied  and  assessed  in  said  assessment  roll  are  due 
and  payable  immediately,  and  that  the  payment  of  said  sums  is  to  be  made  to 
him  within  thirty  days  from  the  date  of  the  first  publication  of  said  notice.  Said 
notice  shall  also  contain  a  statement  that  all  assessments  not  paid  before  the 
expiration  of  said  thirty  days  will  be  declared  to  be  delinquent,  and  that  there- 
after the  sum  of  five  per  centum  upon  the  amount  of  such  delinquent  assessment, 
together  with  the  cost  of  advertising  each  delinquent  assessment,  will  be  added 
thereto.  When  payment  of  any  assessment  is  made  to  said  superintendent  of 
streets,  he  shall  write  the  word  "Paid"  and  the  date  of  payment  opposite  the 
respective  assessment  so  paid,  and  the  name  of  the  persons  by  or  for  whom  said 
assessment  is  paid,  and  shall  give  a  receipt  therefor.  On  the  expiration  of  said 
thirty  days,  all  assessments  then  unpaid  shall  be  and  become  delinquent,  and 
said  superintendent  of  streets  shall  certify  such  fact  at  the  foot  of  said  assess- 
ment roll,  and  shall  add  five  per  centum  to  the  amount  of  each  assessment  so 
delinquent.  The  said  superintendent  of  streets  shall,  within  five  days  from  the 
date  of  such  delinquency,  proceed  to  advertise  the  various  sums  delinquent,  and 
the  whole  thereof,  including  the  cost  of  advertising,  which  last  shall  not  exceed 
the  sum  of  fifty  cents  for  each  lot,  piece,  or  parcel  of  land  separately  assessed, 
by  the  sale  of  the  assessed  property  in  the  same  manner  as  is  or  may  be  pro- 
vided for  the  collection  of  state  and  county  taxes;  and  after  the  date  of  said 
delinquency,  and  before  the  time  of  such  sale  herein  provided  for,  no  assessment 
shall  be  received,  unless  at  the  same  time  the  five  per  centum  added  to  as  afore- 
said, together  with  the  cost  of  advertising  then  already  incurred,  shall  be  paid 
therewith.  Said  list  of  delinquent  assessments,  with  a  notice  of  the  time  and 
place  of  sale  of  the  property  affected  thereby,  shall  be  published  daily  for  five 
days,  in  one  or  more  daily  new^spapers  published  and  circulated  in  such  city,  or 
by  at  least  two  insertions  in  a  weekly  newspaper  so  published  and  circulated 
before  the  day  of  sale  for  such  delinquent  assessment.  Said  time  of  sale  must 
not  be  less  than  seven  days  from  the  date  of  the  first  publication  of  said  delin- 
quent assessment  list,  and  the  place  must  be  in  or  in  front  of  the  office  of  said 
superintendent  of  streets.  All  property  sold  shall  be  subject  to  redemption  for 
one  year,  and  in  the  same  manner  as  in  sales  for  delinquent  state  and  county 
taxes;  and  the  superintendent  of  streets  shall,  if  there  is  no  redemption,  make 
and  deliver  to  the  purchaser  at  such  sale  a  deed  conveying  the  property  sold, 
and  may  collect  for  each  certificate  fifty  cents,  and  for  each  deed  one  dollar.  All 
provisions  of  the  law  in  reference  to  the  sale  and  redemption  of  propertj^  for 
delinquent  state  and  county  taxes,  in  force  at  any  given  time,  shall  also  then,  as 
far  as  the  same  are  not  in  conflict  with  the  provisions  of  this  act,  be  applicable 
to  the  sale  and  redemption  of  property  for  delinquent  assessments  hereunder, 
including  the  issuance  of  certificates  and  execution  of  deeds.  The  deed  of  the 
street  superintendent,  made  after  such  sale,  in  ease  of  failure  to  redeem,  shall  be 
prima  facie  evidence  of  the  regularity  of  all  proceedings  hereunder,  and  of  title 
in  the  grantee.  The  superintendent  of  streets  shall  from  time  to  time  pay  over 
to  the  city  treasurer  all  moneys  collected  by  him  on  account  of  any  such  assess- 
ments. The  city  treasurer  shall,  upon  receipt  thereof,  place  the  same  in  a  sepa- 
rate fund,  designating  each  fund  by  the  name  of  the  street,  square,  lane,  alley, 
court,  or  place  for  the  change  of  grade  for  which  the  assessment  was  made.  Pay- 


1336  STREET    LAW — CHANGE    OF    GRADE — ASiSESSMENT — COLLECTION. 

ments  shall  be  made  from  said  fund  to  the  parties  entitled  thereto,  upon  war- 
rants signed  by  the  commissioners  or  a  majority  of  them.  [Amendment,  Stats. 
1893,  93.] 

§  50.  When  sufficient  money  is  in  the  hands  of  the  city  treasurer,  in  the  fund 
voted  for  the  proposed  work  or  improvement,  to  pay  the  total  cost  for  damages, 
as  well  as  for  the  cost  of  doing  the  work,  and  all  other  expenses  connected  there- 
with, it  shall  be  the  duty  of  the  commissioners  to  notify  the  owner,  po.ssessor,  or 
occupant  of  the  premises  damaged,  and  to  whom  damages  have  been  awarded, 
that  a  warrant  has  been  drawn  for  the  payment  of  the  same,  which  can  be  received 
at  the  office  of  such  commissioners.  Such  notification  may  be  made  by  depositing 
a  notice,  postage  paid,  in  the  post-office,  addressed  to  his  last  known  place  of 
residence.  If,  after  the  expiration  of  three  days  after  the  service  or  deposit  of 
the  notice  in  the  post-office,  he  shall  not  have  applied  for  such  warrant,  the  same 
shall  be  drawn  and  deposited  with  the  city  treasurer,  to  be  delivered  to  him  upon 
demand.     [Amendment,  Stats.  1893,  94.] 

§  51.  If  the  owner  of  any  premises  damaged  neglects  or  refuses,  for  ten  days 
after  the  warrant  has  been  placed  in  the  hands  of  the  city  treasurer,  subject  to 
his  demand,  to  accept  the  same,  the  city  council  may  cause  proceedings  to  be 
commenced,  in  the  name  of  the  city,  to  condemn  said  premises,  as  provided  by 
law  under  the  right  of  eminent  domiain.  The  ordinance  or  resolution  of  inten- 
tion shall  be  conclusive  evidence  of  the  necessity  of  the  same.  Such  proceedings 
shall  have  precedence,  so  far  as  the  business  of  the  court  will  permit,  and  any 
judgment  for  damages  therein  rendered  shall  be  payable  out  of  the  special  fund 
in  the  treasury  for  that  purpose.  At  any  time  after  the  trial  and  judgment 
entered,  or  pending  appeal,  the  court  may  order  the  city  treasurer  to  set  apart 
in  the  city  treasury  a  sufficient  sum  from  said  fund  to  answer  the  judgment,  and 
thereupon  may  authorize  or  order  the  municipality  to  proceed  with  the  proposed 
work  or  improvements.  In  case  of  a  deficiency  in  said  fund  to  pay  the  whole 
assessed  judgment  and  damages,  the  city  council  may,  in  its  discretion,  order 
the  balance  thereof  to  be  paid  out  of  the  general  fund  of  the  treasury,  or  to  be 
distributed  by  the  commissioners  over  the  property  assessed  by  a  supplementary 
assessment;  but  in  the  last-named  case,  in  order  to  avoid  delay,  the  city  council 
may  advance  such  balance  out  of  any  available  fund  in  the  treasury,  and  re- 
imburse the  same  from  the  collection  of  assessments.  The  treasurer  shall  pay 
such  warrants  in  the  order  of  their  presentation;  provided,  that  warrants  for 
damages  and  for  costs  of  performing  the  work  shall  have  priority  over  warrants 
for  charges  and  expenses,  and  the  treasurer  shall  see  that  sufficient  money  re- 
mains in  the  fund  to  pay  all  warrants  of  the  first  class  before  paying  any  of  the 
second.  -The  provisions  of  section  one  thousand  two  hundred  and  fifty-one  of 
the  Code  of  Civil  Procedure,  requiring  the  payment  of  damages  within  thirty 
days  after  the  entry  of  judgment,  shall  not  apply  to  damages  rendered  in  pro- 
ceedings under  this  act.     [Amendment,  Stats.  1893,  95.] 

§  52.  All  other  provisions  contained  in  the  act  to  which  this  is  amendatory, 
and  which  provisions  are  not  in  conflict  herewith,  .shall  apply  to  all  matters 
herein  contained.  All  proceedings  in  any  work  or  improvement,  such  as  is  pro- 
vided for  in  this  act,  already  commenced  and  now  in  progress  under  another  act 
now  in  force,  or  by  virtue  of  an  ordinance  or  resolution  of  intention  heretofore 


STREET    LAW— HISTORV — AUTHORITIES. 


1337 


passed,  may,  from  any  stage  of  such  proceedings  already  commenced  and  now 
in  progress,  be  continued  under  this  act  by  resolution  of  the  city  council.  The 
said  work  or  improvement  may  then  be  conducted  under  the  provisions  of  this 
act,  with  full  force  and  effect  in  all  respects  from  the  stage  of  such  proceedings 
at  and  from  which  such  resolution  or  ordinance  shall  declare  the  intention  to 
have  such  work  done  or  improvement  cease  under  such  other  acts  or  ordinances 
and  continued  under  this  act ;  and  from  such  election  so  made  all  proceedings 
theretofore  had  are  hereby  ratified,  confirmed,  and  made  valid,  and  it  shall  be 
unnecessary  to  renew  or  conduct  over  again  any  proceedings  prior  to  the  passage 
of  this  act.     [Amendment,  Stats.  1893,  95.] 

§  53.     The  provisions  of  this  act  shall  be  liberally  construed  to  permit  the 
objects  thereof.     [Amendment,  Stats.  1893,  96.] 


Bonds. — See  next  foUowing  statute  (1893, 
33). 

Tlie  general  law  for  street  iiiiproveineiit 
and  construction  of  servers,  of  1883  (Stats. 
1S83,  32),  was  repealed  by  general  law  of 
1885,  147,  §36,  p.  165.  This  latter  act  has 
been  amended  as  follows:  §  32,  1887,  148; 
§5  2,  3,  4,  5,  7.  9,  12,  13,  19,  24,  2-6,  34, 
37,  by  1889,  157;  §§2,  3,  4,  5.  7,  9.  24,  26, 
34,  35,  37,  by  1891,  196;  §§38  to  53.  inclusive, 
were  added,  1891,  461;  and  these  latter  sec- 
tions were  amended  by  1893,  89;  §§  2,  24. 
and  37  were  amended  by  1893,  172;  §  6V2  was 
added,  1899,  23;  §35  was  also  amended  by 
1903,    88. 

It  may  also  be  noted  that  a  part  IV,  em- 
bracing §§  38  to  43  inclusive,  was  added  to 
the  Act  of  1885,  by  1891,  116,  but  the  latter 
■was  in  turn  repealed  by  §  8  of  the  "bond" 
act  of  1893,   33. 

As  to  authority  for  laying  out,  opening, 
widening,  extending,  etc.,  of  streets,  stat- 
ute of  1889.  70,  is  entirely  unaffected  by 
statute  of  1903,  376.  By  Act  of  1893.  220,  the 
Act  of  1889,  70,  was  attempted  to  be  lim- 
ited to  municipalities  of  less  than  forty 
thousand  inhabitants,  or,  more  correctly, 
the  latter  act  was  made  to  apply  to  cities 
of  forty  thousand  or  more  inhabitants. 
The  constitutionality  of  the  Act  of  1893,  220. 
was  questioned  in  Brown  vs.  Board  of 
Supervisors  (though  conceded  for  the  pur- 
poses of  that  case),  124  Cal.  274,  277,  57 
Pac.  Rep.  82.  Compare  with  Pasadena  vs. 
Stlmson,  91  Cal.  238.  258,  27  Pac.  Rep.  604, 
and  Darcy  vs.  Mayor  of  San  Jose.  104  Cal. 
642,  38  Pac.  Rep.  500.  The  new  enactment 
of  1903,  376-386,  provides  alternative  pro- 
cedure. 

Consult  title  Municipal  Corporations  for 
various  statutes  relating  to  municipal  im- 
provement, parks,  sewers,  trees  and  hedges, 
and  see   following  citations: 

Thomason  vs.  Buggies,  69  Cal.  465,  467, 
11  Pac.  Rep.  20.  §36 — Thomason  vs.  Ash- 
worth,  73  Cal.  73,  75,  14  Pac.  Rep.  615; 
Kittle  vs.  Bellegarde.  86  Cal.  556,  558.  25 
Pac.  Rep.  55.  §3 — McDonald  vs.  Dodge,  97 
Cal.    112,    31    Pac.    Rep.    909. 

In  the  following  cases  it  would  seem  that 
the  statute  of  1885  should  have  been  re- 
ferred to:  San  Francisco  vs.  Kiernan,  98 
Cal.    614,    619,    33   Pac.    Rep.    720;    Devine   vs. 


Board  Supervrs.,  121  Cal.  670,  673,  54  Pac. 
Rep.   262. 

See  also  §  2744  Pol.  Code,  Sta^s.  1883,  19-20. 

STREET    LAAV. 
Stats.    18S5,    147,    oh.    CLII.— §  2,    subds.    1, 

5,  7 — Warren  vs.  Postel,  99  Cal.  294,  295, 
33  Pac.  Rep.  930.  §2 — Partridge  vs.  Lucas, 
99  Cal.  519,  521,  33  Pac.  Rep.  1082.  §§  2,7— 
San  Diego  I.  Co.  vs.  Shaw,  129  Cai.  273, 
274,  61  Pac.  Rep.  1082.  §  6- McDonald  vs. 
Mezes.  107  Cal.  492,  496,  40  Pac.  Rep.  808; 
McBean  vs.  San  Bernardino,  96  Cal.  183,  185, 
31  Pac.  Rep.  49;  Fairchild  vs.  Wall,  93  Cal. 
401,  404,  29  Pac.  Rep.  60;  White  vs.  Harris, 
103  Cal.  528,  529,  37  Pac.  Rep.  502;  Ander- 
son vs.  De  Urioste,  96  Cal.  404,  405,  31  Pac. 
Rep.  266;  Buckman  vs.  Ferguson,  108  Cal. 
33,  35,  40  Pac.  Rep.  1057;  Libbey  vs.  Els- 
worth,  97  Cal.  316,  317,  32  Pac.  Rep.  228; 
Stansbury  vs.  White,  121  Cal.  433,  435,  53 
Pac.  Rep.  940.  §7,  subd.  1— Ryan  vs.  Alt- 
schul,  103  Cal.  174.  175,  37  Pac.  Rep.  339. 
§57,  8,  » — Ede  vs.  Cuneo,  126  Cal.  167,  171, 
58  Pac.  Rep.  538.  §§7,  12— Schmidt  vs.  Mar- 
ket St.  R.  Co.,  90  Cal.  37,  40,  27  Pac.  Rep. 
61.     §§7,  34 — Ferine   vs.   Lewis,   128   Cal.   236, 

238-240.    60    Pac.    Rep.    422,    772.      §§8,  9,   10 

Oakland  Bank  vs.  Sullivan,  107  Cal.  428, 
429,  40  Pac.  Rep.  546;  McBean  vs.  Martin,  96 
Cal.  188,  189,  31  Pac.  Rep.  5.  §§8,  0,  10,  12— 
Gillis  vs.  Cleveland,  87  Cal.  215,  216,  25  Pac. 
Rep,  351;  §9 — Rauer  vs.  Lowe,  107  Cal.  230. 
233,  40  Pac.  Rep.  337.  §§  9, 10— German  Sav. 
&  L.  Soc.  vs.  Ramish,  138  Cal.  120.  132,  69 
Pac.  Rep.  89,  70  Id.  1067.  §§9, 12— Gray  vs. 
Lucas,  115  Cal.  430,  47  Pac.  Rep.  354.  §  lO— 
Foley  vs.  Bullard,  99  Cal.  516,  517,  33  Pac. 
Rep.  1081;  Peckham  vs.  City  of  Watsonville, 
138  Cal.  242,  243,  71  Pac.  Rep.  169;  Green- 
wood vs.  Chandon.  130  Cal.  467.  470,  62  Pac. 
Rep.  736.  §11— Girvin  vs.  Simon,  116  Cal. 
604,  609,  48  Pac.  Rep.  720;  Belser  vs.  Hoff- 
schneider.  104  Cal.  455,  458,  38  Pac.  Rep. 
312;  California  Imp.  Co.  vs.  Moran.  128  Cal. 
373,  378,  60  Pac.  Rep.  969;  Williams  vs. 
Viselich,  121  Cal.  314.  315.  53  Pac.  Rep.  807; 
Frenna  vs.  Sunnyside  Land  Co..  124  Cal. 
437,  441,  57  Pac.  Rep.  302;  Williams  vs. 
Bergin,  108  Cal.  166.  169,  41  Pac.  Rep.  287; 
O'Dea  vs.  Mitchell,  144  Cal.  374.  383,  77 
Pac.  Rep.  1020.  §12 — Hughes  vs.  Alsip, 
112  Cal.  587,  591,  44  Pac.  Rep.  1027.  §§13, 
22,    23 — Martinovich    vs.     Wooley,    128     Cal. 


13SS 


STREET   LiAW— HISTORY — AUTHORITIES. 


141,  143,  60  Pac.  Rep.  760.  §20 — Flickinger 
vs.  Fay,  119  Cal.  590,  591,  51  Pac.  Rep.  855; 
Gcodsell  vs.  Ashworth,  115  Cal.  222,  228, 
46  Pac.  Rep.  1066.  §23 — Goodsell  vs.  Ash- 
worth, 96  Cal.  .397,  398,  31  Pac.  Rep.  261. 
§23— Doeg  vs.  Cook,  126  Cal.  213,  218,  58 
Pac.  Rep.  707.  §24 — Fletcher  vs.  Prather, 
102  Cal.  413,  417,  36  Pac.  Rep.  658.  §§24,27 
— Williams  vs.  Rowell,  145  Cal.  259,  261, 
78    Pac.    Rep.    725. 

Stats.  1885,  14T,  generally. — McSherry  vs. 
Wood,  102  Cal.  647,  648,  36  Pac.  Rep.  1010; 
Hellman    vs.     Shoulters,     114    Cal.    136,    140, 

44  Pac.  Rep.  915.  45  Id.  1057;  Buckman  vs. 
Cuneo,  103  Cal.  62,  36  Pac.  Rep.  1025;  Dow- 
ling  vs.  Conniff,  103  Cal.  75,  78,  36  Pac. 
Rep.  1034;  "V\^ilson  vs.  California  Bank,  121 
Cal.  630,  632,  54  Pac.  Rep.  119;  Chase  vs. 
Treasurer  Los  Angeles,  122  Cal.  540,  541. 
55  Pac.  Rep.  414;  Warren  vs.  Chandos,  115 
Cal.  382,  384,  47  Pac.  Rep.  132;  Corbett  vs. 
Chambers,  109  Cal.  178,  181,  41  Pac.  Rep. 
873;    Harney    vs.    Benson,    113    Cal.    314,    317, 

45  Pac.  Rep.  687;  (8-hour  day)  Williams  vs. 
Savings  &  L.  Soc,  97  Cal.  122,  123,  31  Pac. 
Rep.  908;  San  Francisco  vs.  Kiernan,  98 
Cal.  614.  620.  33  Pac.  Rep.  720;  Eisenhuth 
vs.  Ackerson,  105  Cal.  87,  90,  38  Pac.  Rep. 
530;  Chase  vs.  Scheerer,  136  Cal.  248,  68 
Pac.  Rep.  768;  Thomason  vs.  Ruggles,  69 
Cal.  465,  467,  11  Pac.  Rep.  20;  Witter  vs. 
Bachman.  117  Cal.  318,  319,  49  Pac.  Rep. 
202;  Bay  Rock  Co.  vs.  Bell,  133  Cal.  150. 
65  Pac.  Rep.  299;  San  Francisco  Pav.  Co.  vs. 
Bates,  134  Cal.  39.  66  Pac.  Rep.  2;  Chapman 
vs.  Ames,  135  Cal.  246,  67  Pac.  Rep.  1125; 
De  Haven  vs.  Berendes,  135  Cal.  178,  67 
Pac.  Rep.  786;  Grant  vs.  Barber,  135  Cal. 
188,  67  Pac.  Rep.  127;  Blanchard  vs.  Ladd, 
135  Cal.  212,  67  Pac.  Rep.  130;  Blochman  vs. 
Spreckels,  135  Cal.  662,  67  Pac.  Rep.  1061, 
57  L.  R.  A.  213;  Goldtree  vs.  Spreckels,  135 
Cal.  666.  67  Pac.  Rep.  1091;  Oakland  Pav. 
Co.  vs.  Hilton,  69  Cal.  479,  486,  11  Pac.  Rep. 
3;  Oakland  Pav.  Co.  vs.  Tompkins.  72  Cal. 
5,  6,  10,  1  Am.  St.  Rep.  17,  12  Pac.  Rep.  801; 
Thomason  vs.  Ashworth,  73  Cal.  73.  75,  14 
Pac.  Rep.  615;  People  ex  rel.  Daniels  vs. 
Henshaw,  76  Cal.  436,  453,  18  Pac.  Rep.  413; 
Schaufele  vs.  Doyle,  86  Cal.  107.  108,  24  Pac. 
Rep.  834;  Perine  vs.  Erzgraber,  102  Cal. 
234.  236,  36  Pac.  Rep.  585;  Vincent  vs.  Pa- 
cific Grove,  102  Cal.  405,  406,  36  Pac.  Rep. 
773. 

Stats.  1885,  147,  eh.  CI.III.  —  §§  2,  13  — 
Brown  vs.  Jenks.  98  Cal.  10,  11,  32  Pac.  Rep. 
701.  §3 — Pacific  Pav.  Co.  vs.  Bolton.  97 
Cal.  8,  9,  31  Pac.  Rep.  625;  Porphyry  Pav. 
Co.  vs.  Ancker.  104  Cal.  340,  341.  37  Pac. 
Rep.  1050;  Washburn  vs.  Lyons.  97  Cal.  314. 
32  Pac.  Rep.  310.  §§  3,  5 — Santa  Cruz  R.  P. 
Co.  vs.  Broderick.  113  Cal.  628,  629.  45  Pac. 
Rep.  863.  §§  3,  6 — Kreling  vs.  Muller,  86 
Cal.  465.  466,  25  Pac.  Rep.  10;  Santa  Cruz 
R.  P.  Co.  vs.  Heaton,  105  Cal.  162,  164,  38 
Pac.  Rep.  693.  §§  3,  7 — Miller  vs.  Mayo.  88 
Cal.  568,  570.  26  Pac.  Rep.  364.  §§3,  11— 
Capron  vs.  Hitchcock.  98  Cal.  427.  430,  33 
Pac.  Rep.  431.  §5 — Treanor  vs.  Houghton. 
103  Cal.  53,  54-60,  36  Pac.  Rep.  1081;  Ger- 
man Sav.  &  L.  Soc.  vs.  Ramish.  138  Cal.  120, 
132,  69  Pac.  Rep.  89.  70  Id.  1067.  §§5,  11— 
Girvin   vs.   Simon,   127   Cal.   491,    493,   59   Pac. 


Rep.  945;  Manning  vs.  Den,  90  Cal.  610,  613, 
27  Pac.  Rep.  435.  §§  5,  11,  12 — Perine  vs. 
Forbush,  97  Cal.  305,  308,  32  Pac.  Rep.  226. 
Stats.  1887,  148,  ch.  CXXX. — Williams  vs. 
Rowell,  145  Cal.  259,  261,  78  Pac.  Rep. 
725. 

Stats.    1889,    157,    ch.    CLI. — §§  1-5 — Vincent 
vs.   Pacific   Grove,   102   Cal.   405,   406,    36   Pac. 
Rep.     773.       §2 — Perine    vs.     Erzgraber,     102 
Cal.    234,    236,    36   Pac.    Rep.    585;    Bolton    vs. 
Gilleran,    105   Cal.    244,    249,    45   Am.    St.    Rep. 
33,    38    Pac.    Rep.    881.      §§2,  3,  5,   34 — Wash- 
burn   vs.    Lyons,    97    Cal.    314,    32    Pac.    Rep. 
810.       §§    2,    24 — -Fletcher    vs.    Prather,     102 
Cal.   413,   417,   36   Pac.   Rep.   658.     §3 — Pacific 
Pav.  Co.  vs.  Mowbray,  127  Cal.  1,   2,  59  Pac. 
Rep.    205;    Girvin    vs.    Simon,    127    Cal.    491, 
493,  59  Pac.  Rep.  945;  White  vs.  Harris,   116 
Cal.  470,  471,  48  Pac.  Rep.  382;  Fay  vs.  Reed, 
128  Cal.  357,   359.   60  Pac.  Rep.   927.     §§3,  5 — 
Buckman    vs.    Ferguson,    108    Cal.    33,    37,    40 
Pac.  Rep.  1057.     §§3,  16 — Los  Angeles  L.  Co. 
vs.   Los   Angeles,    106    Cal.    156,    159.    39    Pac. 
Rep.    535.     §§3,  34 — McDonald  vs.   Dodge,   97 
Cal.    112.    113,    31    Pac.    Rep.    909.      §4 — Reid 
vs.   Clay,   134  Cal.   207,   213,   66  Pac.   Rep.   262. 
§5 — California  Imp.   Co.   vs.   Moran,   128   Cal. 
377,    378,    60    Pac.    Rep.    969;    Perine   C.    &    P. 
Co.    vs.    Quackenbush,    104    Cal.    684,    687,    38 
Pac.     Rep.     533;     California     Imp.     Co.     vs. 
Quinchard,    119    Cal.     87,    51    Pac.    Rep.    24; 
Fitzhugh    vs.    Ashworth.    119    Cal.    393,    394, 
51    Pac.     Rep.     635.       §§    5,    6 — Fairchild    vs. 
Wall,     93     Cal.     401,     404.     29    Pac.     Rep.     60. 
§§5,7 — Santa   Cruz    R.    P.    Co.   vs.    Broderick, 
113  Cal.  628,   630.  45  Pac.  Rep.  863.     §§5,  7,  8 
— O'Dea  vs.   Mitchell,   144  Cal.    374,   380.    381, 
77    Pac.    Rep.    1020.      §  6 — White    vs.    Harris, 
103    Cal.    528,    37    Pac.    Rep.    502;    Buckman 
vs.  Cuneo,  103  Cal.  62.   64,  36  Pac.  Rep.  1025. 
§7,  suhds.  1,  8 — Ryan   vs.   Altschul,   103   Cal. 
174,  37  Pac.  Rep.  339.    §  7  snbd.  8,  §  8 — McDon- 
ald   vs.    Conniff,    99    Cal.     386,    388.    34    Pac. 
Rep.    71.      §  7,    subtl.    10 — San    Francisco    vs. 
Buckman,   111   Cal.    25,   29.   43   Pac.   Rep.    396; 
Kutchin  vs.  Engelbret,   129  Cal.   635,   639,   62 
Pac.    Rep.    214;    Flynn    vs.    Mowry,    131    Cal. 
481,   488,   63  Pac.  Rep.   724;  O'Dea  vs.  Mitch- 
ell,  144  Cal.  374.  380,   77  Pac.  Rep.  1020.      §7 — 
Harney  vs.  Benson.  113  Cal.  314,  319,  45  Pac. 
Rep.    687.      §§7,  9— Westall   vs.   Altschul,    126 
Cal.     164,    58     Pac.     Rep.     458.       §8 — Dowling 
vs.     Conniff,    103     Cal.     75-78,     36     Pac.     Rep. 
1034;    Page    vs.    W.    W.    Chase    Co.,    145    Cal. 
578,  583.  79  Pac.  Rep.   278.     §§8,  11,  12— Had- 
ley  vs.  Dague,  130  Cal.  207-215,  62  Pac.  Rep. 
500;    Gray    vs.    Lucas,    115    Cal.    430,    432,    47 
Pac.  Rep.   354;   Blanchard  vs.  Ladd,   135   Cal. 
214,  216,  217,  67  Pac.  Rep.  131.     §§  8,  9,  10,  12 
^Reid    vs.*  Clay,    134    Cal.    207,    210-215,    66 
Pac.    Rep.    262.      §  9 — Frenna    vs.    Sunnyside 
L.    Co.,    124    Cal.    437,    438,    57    Pac.   Rep.    302; 
Greenwood    vs.    Chandon,    130    Cal.    467,    468, 
469,    62    Pac.    Rep.    736;    Obermeyer   vs.    Pat- 
terson.   130    Cal.    531,    532,    62    Pac.    Rep.    926. 
§10— Reid    vs.    Clay,    134    Cal.    207,    210-215, 
66    Pac.    Rep.    262.      §  12 — Viniliams    vs.    Ber- 
lin,  129   Cnl.    461,    462.    62   Pac.   Rep.    59.   s.   C. 
116    Cal.    56.    59,    47    Pac.    Rep.    877;    Ede    vs. 
Cuneo,    126    Cal.    167,    173.    58    Pac.    Rep.    538; 
Warren    vs.    Ferguson,    108    Cal.    535.    537,    41 
Pac.    Rep.    417;    Buckman    vs.    Landers.    Ill 
Cal.   347,   349,   43  Pac.  Rep.   1125;  Warren  vs. 


STREET    LAAV — AUTHORITIES— BONDS. 


1339 


Russell,  128  Cal,  349,  60  Pac.  Rep.  1130. 
§121/2 — Kelso  vs.  Cole,  121  Cal.  121,  123, 
53  Pac.  Rep.  353.  §  16 — Page  vs.  W.  W. 
Chase  Co.,  145  Cal.  578,  583,  79  Pac.  Rep. 
278.  §  18 — City  of  Santa  Ana  vs.  Brunner, 
132  Cal.  234,  236-239,  64  Pac.  Rep.  287.  §34 
— Reid  vs.  Clay,  134  Cal.  207,  215,  66  Pac. 
Rep.  262;  O'Dea  vs.  Mitchell,  144  Cal.  374, 
380,    77    Pac.    Rep.    1020. 

Same  statute,  generally. — Eisenhuth  vs. 
Ackerson,  105  Cal.  87,  90,  38  Pac.  Rep.  530; 
McSherry  vs.  Wood,  102  Cal.  647,  650,  36 
Pac.  Rep.  1010;  Hellman  vs.  Shoulters,  114 
Cal.  136,  154,  44  Pac.  Rep.  915,  45  Id.  1057; 
"Witter  vs.  Packman,  117  Cal.  318,  319.  49 
Pac.  Rep.  202;  Williams  vs.  Bergin,  127  Cal. 
578,  60  Pac.  Rep.  164;  Union  Pav.  Co.  vs. 
McGovern,  127  Cal.  638,  60  Pac.  Rep.  169; 
Haughawout  vs.  Hubbard,  131  Cal.  675,  677, 
6^3  Pac.  Rep.  1078;  Williams  vs.  Rowell,  145 
Cal.  259,  261,  78  Pac.  Rep.  725;  Alameda 
Macadamizing  Co.  vs.  Pringle,  130  Cal.  226, 
227,  80  Am.  St.  Rep.  124,  62  Pac.  Rep.  394, 
52   L.    R.  A.    264. 

Stats.  1891,  116,  eh.  CXIV. — §41 — Ellis  vs. 
Witmer,  134   Cal.   249,   250,   66  Pac.  Rep.   301. 

Same  —  Statute  generally.  — •  Howland  vs. 
Board  Supervrs.,  109  Cal.  152,  155,  41  Pac. 
Rep.  864;  Quinchard  vs.  Board  Supervrs.. 
113  Cal.  664,  671,  45  Pac.  Rep.  856;  Hellman 
vs.  Shoulters,  114  Cal.  136,  140,  44  Pac.  Rep. 
915,  45  Id.  1057;  Warren  vs.  Chandos,  115 
Cal.  382,  384,  47  Pac.  Rep.  132;  Chase  vs. 
Treasurer    L/OS    Angeles,    122    Cal.    540,    541, 


55  Pac.  Rep.  414;  Blochman  vs.  Spreckels, 
135  Cal.  662,  663,  67  Pac.  Rep.  1061,  57  L. 
R.  A.  213;  Williams  vs.  Rowell.  145  Cal. 
259,    261,    78    Pac.    Rep.    725. 

Stats.  1891,  196,  cli.  CXLVII §  3 — Schwie- 

sau  vs.  Mahon,  128  Cal.  114,  115-117,  60  Pac. 
Rep.  683  (overruling  Deady  vs.  Townsend, 
57  Cal.  298);  Smith  vs.  Hazard,   110  Cal.  145, 

147,  42  Pac.  Rep.  465.  §3 — San  Jose  I.  Co. 
vs.  Auzcrais,  106  Cal.  498,  499,  39  Pac.  Rep. 
859;  Pacific  Pav.  Co.  vs.  Geary,  136  Cal.  373, 
68  Pac.  Rep.  1028;  Thomason  vs.  Carroll, 
132  Cal.  148,  149-151,  64  Pac.  Rep.  262; 
Stansbury  vs.  White,  121  Cal.  433,  435,  53 
Pac.  Rep.  940;  City  Street  Imp.  Co.  vs. 
Babcock,  123  Cal.  205,  55  Pac.  Rep.  762; 
Warren  vs.  Russell,  129  Cal.  381,  383,  62 
Pac.  Rep.  75;  O'Dea  vs.  Mitchell,  144  Cal. 
374,  377-379,  77  Pac.  Rep.  1020;  King  vs. 
Lamb,  117  Cal.  401,  404.  49  Pac.  Rep.  561. 
§5 — Girvin  vs.  Simon,  116  Cal.  604,  608,  48 
Pac.  Rep.  720.  §  7 — Martin  vs.  Wagner,  120 
Cal.  623,  624,  53  Pac.  Rep.  167.  §7,  subds. 
1,  IS — Redondo  Beach  vs.  Cate.  136  Cal.   146. 

148,  68  Pac.  Rep.  586.  §7,  snbd.  12 — Green- 
wood vs.  Morrison,  128  Cal.  350,  351,  60  Pac. 
Rep.  971.  ?§7,  8— Kenny  vs.  Kelly.  113  Cal. 
364,  365,  45  Pac.  Rep.  699.  §9 — Moffitt  vs. 
Jordan,  127  Cal.  622.  623,  60  Pac.  Rep.  173; 
Rauer  vs.  Lowe,  107  Cal.  230,  233,  40  Pac. 
Rep.  337.  §§9,  10 — City  Street  Imp.  Co.  vs. 
Emmons,  138  Cal.  297,  298,  71  Pac.  Rep.  332. 
§g  9,  11 — Cotton  vs.  Watson,  134  Cal.  422, 
424,   66  Pac.  Rep.  490. 


STREET   LAW— BONDS. 

To  provide  a  system  of  street  improvement  bonds  to  represent  certain  assess- 
ments for  the  cost  of  street  work  and  improvement  within  municipalities, 
and  also  for  the  payment  of  such  bonds. 

(Stats.  1893,  33,  ch.  XXI;  amended  1899,  40,  ch.  XLII.) 

§  1.  "Wherever  in  this  act  the  phrase  "street  work  act"  is  used,  it  means,  and 
shall  be  taken  to  mean,  the  act  entitled  "An  act  to  provide  for  work  upon  streets, 
lanes,  alleys,  courts,  places,  and  sidewalks,  and  for  construction  of  sewers  within 
municipalities,"  approved  March  eighteenth,  eighteen  hundred  and  eighty-five. 
and  all  acts  amendatory  thereof  or  supplementary  thereto ;  and  wherever  in  this 
act  the  name  of  any  municipal  body  or  officer  is  used,  or  any  word  or  phrase  is 
used  which  is  not  herein  expressly  defined,  it  means  and  shall  be  taken  to  mean 
such  municipal  body  or  officer,  or  word  or  phrase,  as  the  same  is  expressly  de- 
fined in  said  street  work  act,  and  in  all  acts  amendatory  thereof  or  supple- 
mentary thereto. 

§  2.  Whenever  the  city  council  of  any  municipality  in  this  state  shall  find, 
upon  estimates  of  the  city  engineer,  that  the  cost  of  any  proposed  work  or 
improvement  authorized  by  said  street  work  act  will  be  greater  than  fifty  cents 
per  front  foot  along  each  line  of  the  street  so  proposed  to  be  improved,  includ- 
ing the  cost  of  intersection  work  assessable  upon  said  frontage,  it  shall  have  the 
power,  in  its  discretion,  to  determine  that  serial  bonds  shall  be  issued  to  repre- 
sent the  cost  of  said  work  or  improvement,  in  the  manner  and  form  hereinafter 
provided.     Said  serial  bonds  shall  extend  over  a  period  not  to  exceed  ten  years 


1340  STREET    LAW — I3IPROVE3IE1VTS    AUTHORIZED— SERIAL    BONDS. 

from  their  date,  and  an  even  annual  proportion  of  the  principal  sum  thereof 
shall  be  payable,  by  coupon,  on  the  second  day  of  January  every  year  after  their 
date,  until  the  whole  is  paid,  and  the  interest  shall  be  payable  semiannually,  by 
coupon,  on  the  second  days  of  January  and  July,  respectively,  of  each  year,  at 
the  rate  of  not  to  exceed  ten  per  centum  per  annum  on  all  sums  unpaid,  until 
the  whole  of  said  principal  and  interest  are  [is]  paid.  Said  bonds  and  interest 
thereon  shall  be  paid  at  the  office  of  the  city  treasurer  of  said  municipality,  who 
shall  keep  a  fund  designated  by  the  name  of  said  bonds,  into  which  he  shall 
receive  all  sums  paid  him  for  the  principal  of  said  bonds  and  the  interest  thereon, 
and  from  which  he  shall  disburse  such  sums,  upon  the  presentation  of  said  cou- 
pons; and  under  no  circumstances  shall  said  bonds  or  the  interest  thereon  be 
paid  out  of  any  other  fund.  Said  city  treasurer  shall  keep  a  register  in  his 
office,  which  shall  show  the  series,  number,  date,  amount,  rate  of  interest,  payee 
and  indorsees  of  each  bond,  and  the  number  and  amount  of  each  coupon  or 
principal  or  interest  paid  by  him,  and  shall  cancel  and  file  each  coupon  so  paid. 
[Amendment,  Stats.  1899,  40.] 

§  3,  AVhen  said  city  council  shall  determine  that  serial  bonds  shall  be  issued 
to  represent  the  expenses  of  any  proposed  work  or  improvement  under  said 
street  work  act,  it  shall  so  declare  in  the  resolution  of  intention  to  do  said  work, 
and  shall  specify  the  rate  of  interest  which  they  shall  bear.  The  like  description 
of  said  bonds  shall  be  inserted  in  the  resolution  ordering  the  work,  in  the  resolu- 
tion of  award,  and  in  all  notices  of  said  proceedings  required  by  said  street  work 
act  to  be  either  posted  or  published ;  and  also  a  notice  that  a  bond  will  issue  to 
represent  each  assessment  of  twenty-five  dollars  or  more  remaining  unpaid  for 
thirty  days  after  the  date  of  the  w'arrant,  or  five  days  after  the  decision  of  said 
council  upon  an  appeal,  and  describing  the  bonds,  shall  be  included  in  the  war- 
rant provided  for  in  section  nine  of  said  street  work  act.  [Amendment,  Stats. 
1899,  40.] 

§  4.  After  the  full  expiration  of  thirty  days  from  the  date  of  the  warrant, 
or  if  an  appeal  be  taken  to  the  city  council,  as  provided  in  section  eleven  of  said 
.street  work  act,  then  five  days  after  the  final  decision  of  said  council,  and  after 
the  street  superintendent  shall  have  recorded  the  return,  as  provided  in  section 
ten  of  the  same  act,  the  street  superintendent  shall  make  and  certify  to  the  city 
treasurer  a  complete  list  of  all  assessments  unpaid,  which  amount  to  twenty-five 
dollars  or  over,  upon  any  assessment  or  diagram  number;  and  said  treasurer 
shall  thereupon  make  out,  sign,  and  issue  to  the  contractor,  or  his  assigns,  payee 
of  the  warrant  and  assessment,  a  separate  bond,  representing  upon  each  lot  or 
parcel  of  land  upon  said  list  the  total  amount  of  the  assessments  against  the 
same,  as  thereon  shown.  And  if  said  lot  or  parcel  of  land  is  described  upon 
said  assessment  and  diagram  by  its  number  or  block,  or  both,  and  is  also  desig- 
nated by  its  number  or  block,  or  both,  upon  the  official  map  of  said  municipality, 
or  upon  any  map  on  file  in  the  office  of  the  county  recorder  of  the  county  in 
which  said  municipality  is  situated,  then  it  shall  be  in  said  bond  a  sufficient 
description  of  said  lot  or  parcel  of  land  to  designate  it  by  said  number  or  block, 
or  both,  as  it  appears  on  said  official  or  recorded  map. 

Said  bond  shall  be  substantially  in  the  following  form : 


STREET    LAAV — SEKIAL    BOXDS    FOR    IMPROVEMENTS — FORM    OF.  1341 

Series   (designating  it),  in  the  city   (or  other  form  of  the  municipality)   of 
(naming  it). 
$ 100.  No.  . 

Under  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of  California 
(title  of  said  act),  I,  out  of  the  fund  for  the  above  designated  street  improve- 
ment bonds,  series  ,  will  pay  to  ,  or  order,  the  sum  of  dollars 

($ )  with  interest  at  the  rate  of per  centum  per  annum,  all  as  is  here- 
inafter specified,  and  at  the  office  of  the treasurer  of  the of ,  state 

of  California.     This  bond  is  issued  to  represent  the  cost  of  certain  street  work 

upon ,  in  the of ,  as  the  same  is  more  fully  described  in  assessment 

number ,  issued  by  the  street  superintendent  of  said ,  after  his  accept- 
ance of  said  work,  and  recorded  in  his  office.  Its  amount  is  the  amount  assessed 
in  said  assessment  against  the  lot  or  parcel  of  land  numbered  therein,  and  in  the 

diagram  attached  thereto,  as  number ,  and  which  now  remains  unpaid,  but 

until  paid,  with  accrued  interest,  is  a  first  lien  upon  the  property  affected  there- 
by, as  the  same  is  described  herein,  and  in  said  recorded  assessment  with  its 

diagram,  to  wit :  the  lot  or  parcel  of  land  in  said of ,  county  of , 

state  of  California, . 

This  bond  is  payable  exclusively  from  said  fund,  and  neither  the  municipal- 
ity nor  any  officer  thereof  is  to  be  holden  for  payment  otherwise  of  its  principal 
or  interest.  The  term  of  this  bond  is years  from  its  date,  and  at  the  expira- 
tion of  said  time  the  whole  sum  then  unpaid  shall  be  due  and  payable ;  but  on  the 
second  day  of  January  of  each  year  after  its  date  an  even  annual  proportion  of 
its  whole  amount  is  due  and  payable,  upon  presentation  of  the  coupon  therefor. 

until  the  whole  is  paid,  with  all  accrued  interest  at  the  rate  of per  centum 

per  annum. 

The  interest  is  payable  semiannually,  to  wit :  on  the  second  days  of  January 
and  of  July  in  each  year  hereafter,  upon  presentation  of  the  coupons  therefor, 

the  first  of  which  is  for  the  interest  from  date  to  the  next  second  day  of  , 

ancl  thereafter  the  interest  coupons  are  for  semiannual  interest,  except  the  last, 
which  is  for  interest  from  the  semiannual  payment  next  preceding  and  to  the 
date  of  the  final  maturity  of  this  bond. 

Should  default  be  made  in  the  annual  payment  upon  the  principal,  or  in  any 
payment  of  interest  from  the  owner  of  said  lot  or  parcel  of  land,  or  any  one  in 
his  behalf,  the  holder  of  this  bond  is  entitled  to  declare  the  whole  unpaid  amount 
to  be  due  and  payable,  and  to  have  said  lot  or  parcel  of  land  advertised  and  sold 
forthwith,  in  the  manner  provided  by  law. 

At  said of ,  this  day  of  ,  in  the  year  one  thousand  

hundred  and . 


City  treasurer  of  the  of  . 

Provided,  that  in  ease  the  amount  of  unpaid  assessments  upon  any  lot  or  par- 
eel  of  land  shall  be  less  than  twenty-five  dollars,  then  the  same  shall  be  collected 
as  is  hereinbefore  provided  in  part  one  of  said  street  w^ork  act. 

Provided,  also,  that  if  any  person,  or  his  authorized  agent,  shall  at  any  time 
before  the  issuance  of  the  bond  for  said  assessment  upon  his  lot  or  parcel  of  land 
present  to  the  city  treasurer  his  affidavit,  made  before  a  competent  officer,  that 


1342  STREET    L,AW — SERIAL    BOXDS    FOR    IMPROVEMENTS— INTEREST. 

he  is  the  owner  of  a  lot  or  parcel  of  land  in  said  list,  accompanied  by  the  certifi- 
cate of  a  searcher  of  records  that  he  is  such  owner  of  record,  and  with  such 
affidavit  and  certificate  such  person  notifies  said  treasurer  in  writing  that  he 
desires  no  bond  to  be  issued  for  the  assessments  upon  said  lot  or  parcel  of  land, 
then  no  such  bond  shall  be  issued  therefor,  and  the  payee  of  the  warrant,  or  his 
assigns,  shall  retain  his  right  for  enforcing  collection  as  if  said  lot  or  parcel  of 
land  had  not  been  so  listed  by  the  street  superintendent. 

The  bonds  so  issued  by  said  treasurer  shall  be  payable  to  the  party  to  whom 
they  issue,  or  order,  and  shall  be  serial  bonds,  as  is  hereinbefore  described,  and 
shall  bear  interest  at  the  rate  specified  in  the  resolution  of  intention  to  do  said 
work.  They  shall  have  annual  coupons  attached  thereto,  payable  in  annual 
order,  on  the  second  day  of  January  in  each  year  after  the  date  of  the  bond, 
until  all  are  paid,  and  each^  coupon  shall  be  for  an  even  annual  proportion  of 
the  principal  of  the  bond.  They  shall  have  semiannual  interest  coupons  thereto 
attached,  the  first  of  which  shall  be  payable  upon  the  second  day  of  January  or 
July,  as  the  case  may  be,  next  after  its  date,  and  shall  be  for  the  interest  accrued 
at  that  time,  and  the  last  of  which  shall  be  for  the  amount  of  interest  accruing 
from  the  second  day  of  January  or  July,  as  the  case  may  be,  next  preceding  the 
maturity  of  said  bonds  to  the  maturity  thereof.  The  city  treasurer  shall,  in  addi- 
tion to  his  other  duties  in  the  premises,  report  all  coupon  payments  of  principal 
upon  said  bonds  to  the  street  superintendent,  who  shall  forthwith  indorse  the 
same  upon  the  margin  of  the  record  of  the  assessment  to  the  credit  of  which  the 
same  is  paid,  and  said  assessment  shall  be  a  first  lien  upon  the  property  affected 
thereby  until  the  bond  issued  for  the  payment  thereof,  and  the  accrued  interest 
thereon,  shall  be  fully  paid.  Said  bonds,  by  their  issuance,  shall  be  prima  facie 
evidence  of  the  regularity  of  all  proceedings  thereto  under  said  street  work  act 
and  this  act,  previous  to  the  making  of  the  certified  list  of  all  assessments  unpaid 
to  the  amount  of  twenty-five  dollars  or  over  by  the  street  superintendent,  to  the 
city  treasurer,  and  of  the  validity  of  said  lien,  up  to  the  date  of  said  list. 
[Amendment,  Stats.  1899,  41.] 

§  5.  Whenever,  through  the  default  of  the  owner  of  any  lot  or  parcel  of  land 
to  represent  the  assessment  upon  which  such  bond  has  been,  or  may  hereafter 
be,  issued,  and  payment,  either  upon  the  principal,  or  of  the  interest,  has  not 
been,  or  shall  not  be  made  when  the  same  has  become,  or  shall  become  due,  and 
the  holder  of  the  bond  thereupon  demands,  in  writing,  that  the  said  city  treas- 
urer proceed  to  advertise  and  sell  said  lot  or  parcel  of  land,  as  herein  provided, 
then  the  whole  bond,  or  its  unpaid  remainder,  with  its  accrued  interest,  as 
expressed  in  said  bond,  shall  become  due  and  payable  immediately,  and  on  the 
day  following  shall  become  delinquent. 

Subdivision  a.  Upon  the  application  of  the  holder  of  any  bond  that  is  now 
or  shall  hereafter  become  delinquent  as  provided  in  this  section,  the  said  city 
treasurer  shall  publish  for  two  weeks  in  a  newspaper  of  general  circulation,  to 
be  designated  by  him,  published  in  the  city  where  his  office  is  situated,  a  notice 
which  must  contain  the  date,  number,  and  series  of  the  delinquent  bond,  a 
description  of  the  property  mentioned  in  said  bond,  and  the  name  of  the  owner 
of  such  property  (if  known),  and  if  unknown,  the  fact  shall  be  so  stated,  the 
amount  due  thereon,  and  a  statement  that  unless  the  amount  of  said  bond  and 
the  interest  due  thereon,  together  with  the  cost  of  publication  of  such  notice,  are 


STREET    LAW — SERIAL    BONDS    FOR    IMPROVE3IENTS — DEFAULT.  1343 

paid,  the  real  property  described  in  said  bond  will  be  sold  at  public  auction  on  a 
day  to  be  therein  fixed,  which  shall  not  be  less  than  fifteen  nor  more  than  thirty 
days  from  the  day  of  the  first  publication  of  said  notice,  and  the  place  of  such 
sale,  which  must  be  the  office  of  the  said  city  treasurer. 

Subdivision  b.  The  city  treasurer,  before  the  day  of  sale  hereinafter  pro- 
vided for,  must  file  with  the  city  clerk  a  copy  of  the  publication,  with  an  affidavit 
of  the  publisher  of  such  newspaper,  or  some  one  in  his  behalf,  attached  thereto, 
that  it  is  a  true  copy  of  the  same ;  that  the  publication  was  made  in  a  newspaper, 
stating  its  name  and  place  of  publication  and  the  date  of  each  appearance  in 
which  such  publication  was  made — which  affidavit  is  primary  evidence  of  all  the 
facts  stated  therein. 

Subdivision  c.  The  city  treasurer  must  collect,  in  addition  to  the  amount  due 
on  such  bond,  the  cost  of  the  publication  of  such  notice,  and  fifty  cents  for  the 
certificate  of  sale,  as  hereinafter  provided. 

Subdivision  d.  At  any  time 'prior  to  the  sale,  the  owner  or  person  in  pos- 
session of  any  real  estate  offered  for  sale  under  the  provisions  of  this  act  may 
pay  the  w^hole  amount  of  said  bond  then  due,  with  costs,  and  such  bond  shall 
thereupon  be  canceled ;  but  in  case  such  payment  is  not  made  by  such  owner,  or 
person  in  possession,  or  by  some  one  in  behalf  of  such  owner,  or  person  in  pos- 
session, the  property  subject  thereto  shall  be  sold  as  herein  provided. 

Subdivision  f.  The  city  treasurer,  before  delivering  any  certificate,  must,  in 
a  book  kept  in  his  office  for  that  purpose,  enter  the  date,  number,  and  series  of  the 
bond,  a  description  of  the  land  sold  corresponding  with  the  description  in  the 
certificate,  the  date  of  sale,  purchaser's  name,  the  amount  paid,  regularly  num- 
ber the  descriptions  on  the  margin  of  the  book,  and  put  a  corresponding  number 
on  each  certificate.  Such  book  must  be  open  to  public  inspection  during  office 
hours  when  not  in  actual  use,  and  he  shall  enter  on  the  record  of  the  bond  the 
words  "Canceled  by  sale  of  the  property,"  giving  the  date  of  such  sale. 

Subdivision  g.  Immediately  on  the  sale,  the  purchaser  shall  become  vested 
with  a  lien  on  the  property,  so  sold  to  him,  to  the  extent  of  his  bid,  and  is  only 
devested  of  such  lien  by  the  payment  to  the  city  treasurer  of  the  purchase  money, 
including  costs  herein  provided  for,  with  interest  thereon  at  the  rate  of  one  per 
centum  per  month  from  the  date  of  sale. 

Subdivision  h.  A  redemption  of  the  property  sold  may  be  made  by  the 
owner  of  the  property,  or  any  party  in  interest,  within  twelve  months  from  the 
date  of  purchase,  or  at  any  time  prior  to  the  application  for  a  deed,  as  herein- 
after provided.  Redemption  must  be  made  in  lawful  money  of  the  United  States, 
and  when  made  to  the  city  treasurer  he  must  credit  the  amount  paid  to  the  per- 
son named  in  his  certificate,  and  pay  it  on  demand  to  him  or  his  assignees. 

Subdivision  i.  On  receiving  the  certificate  of  sale,  the  recorder  must  file  it, 
and  make  an  entry  in  a  book  similar  to  that  required  of  the  city  treasurer,  the 
fee  for  which  shall  be  fifty  cents,  and  on  presentation  of  the  receipt  of  the  city 
treasurer  for  the  total  amount  of  the  redemption  money,  the  recorder  must,  with- 
out charge,  mark  the  word  "Redeemed,"  the  date,  and  by  whom  redeemed,  on 
the  margin  of  the  book  where  the  entry  of  the  certificate  is  made. 

Subdivision  j.  If  the  property  is  not  redeemed  within  the  time  allowed  by 
subdivision  h  hereof  for  its  redemption,  the  city  treasurer,  or  his  successor  in 
office,  upon  application  of  the  purchaser  or  his  assignee,  must  make  to  said  pur- 


1344     STREET  LAW — SERIAL,  BONDS  FOR  IMPROVEMEKTS — SALE  OF  PROPERTY. 

chaser,  or  his  assignee,  a  deed  to  the  property,  reciting  in  the  deed,  substantially, 
the  matter  contained  in  the  certificate,  and  that  no  person  has  redeemed  the 
property  during  the  time  allowed  for  its  redemption ;  the  treasurer  shall  be 
entitled  to  receive  from  the  purchaser  two  dollars  for  making  said  deed,  which 
shall  be  deposited  in  the  city  treasury  for  the  use  of  the  city  after  payment  has 
been  made  therefrom  for  the  acknowdedgment  of  said  deed ;  provided,  however, 
that  the  purchaser  of  the  property,  or  his  assignee,  must,  thirty  days  prior  to  the 
expiration  of  the  time  of  the  redemption,  or  thirty  days  before  his  application 
for  a  deed,  serve  upon  the  owner  or  agent  of  the  property  purchased,  if  named 
in  such  certificate,  and  upon  the  party  occupying  the  property,  if  the  property 
is  occupied,  a  written  notice,  stating  that  said  property,  or  a  portion  thereof, 
has  been  sold  to  satisfy  the  bond  lien,  the  date  of  sale,  the  date,  number,  and 
series  of  the  bond,  the  amount  then  due,  and  the  time  when  the  right  of  redemp- 
tion Mall  expire,  or  when  the  purchaser  will  apply  for  a  deed,  and  the  owner  of 
the  property  shall  have  the  right  of  redemption  indefinitely,  until  such  notice 
shall  have  been  given  and  said  deed  applied  for,  upon  the  payment  of  the  fees, 
penalties,  and  costs  in  this  act  required.  In  case  of  unoccupied  property,  a  sim- 
ilar notice  must  be  posted  in  a  conspicuous  place  upon  the  property  at  least 
thirty  days  before  the  expiration  of  the  time  for  redemption,  or  thirty  days 
before  the  purchaser  applies  for  a  deed;  and  no  deed  to  the  property  sold,  in 
accordance  wath  the  provisions  of  this  act,  shall  be  issued  by  the  city  treasurer 
to  the  purchaser  of  such  property,  until  such  purchaser  shall  have  filed  with 
such  treasurer  an  affidavit  showing  that  the  notice  hereinbefore  required  to  be 
given  has  been  given  as  herein  required,  Avhieh  said  affidavit  shall  be  filed  and 
preserved  by  the  said  treasurer  as  other  records  kept  by  him  in  his  office.  Such 
purchaser  shall  be  entitled  to  receive  the  sum  of  fifty  cents  for  his  service  of  such 
notice  and  the  making  of  said  affidavit,  which  sum  of  fifty  cents  shall  be  paid  by 
redemptioner  at  the  time  and  in  the  same  manner  as  the  other  sums,  costs,  and 
fees  are  paid. 

Subdivision  k.  The  deed,  when  duly  acknowledged  or  proved,  is  primary 
evidence  of  the  regularity  of  all  proceedings  theretofore  had,  and  conveys  to  the 
grantee  the  absolute  title  to  the  lands  described  therein,  as  of  the  date  of  the 
expiration  of  the  period  for  redemption,  free  of  all  encumbrances,  except  the 
lien  for  state,  county,  and  municipal  taxes.     [Amendment,  Stats.  1899,  43.] 

§  6.  Whenever  any  railroad  track  or  tracks  of  any  description  exists  upon 
any  street  or  streets  on  which  the  city  council  has  ordered  work  to  be  done  or 
improvements  made,  excepting  therefrom  such  portions  as  is  [are]  required  by 
law  to  be  kept  in  order  or  repair,  by  any  person  or  company  having  railroad 
tracks  thereon,  the  said  council  may,  at  any  time  thereafter,  order  such  person 
or  company  to  perform  upon  said  excepted  portion  the  work  or  improvements, 
similar  in  all  respects  to  that  already  ordered  to  be  performed  under  the  same 
specifications  and  superintendence,  with  the  same  materials,  within  the  same 
time,  and  to  the  like  satisfaction  and  acceptance.  Thereupon  it  shall  be  the  duty 
of  the  clerk  of  said  council  to  deliver  immediately  a  copy  of  such  order,  certi- 
fied by  him,  to  such  person  or  companj^  and  to  make  and  preserve  in  his  office 
a  certificate  of  such  delivery,  its  date,  and  upon  whom  made.  Should  such  per- 
son or  company,  for  thirty  days,  or  within  such  extension  of  time  as  the  city 
council  may  grant,  thereafter  refuse  or  neglect  to  make  or  have  made  such  work 


I  STREET    LAW — STREET    RAILWAYS— REPAIR    OF    STREET.  1345 

or  improvement  in  the  manner  or  time  ordered,  it  shall  be  the  duty  of  the  city 
council  to  have  such  work  or  improvement  performed,  and  such  refusal  or 
neglect  punished  in  the  manner  provided  by  law.  Within  fifteen  days  after 
receiving  the  certified  copy  of  said  order,  such  person  or  company  may  file  with 
the  clerk  of  said  council  a  written  assumption  of  the  performance  of  said  work 
or  improvement,  according  to  the  order,  or  a  request  to  the  council  to  have  such 
work  or  improvement  performed,  for  and  at  the  expense  of  such  person  or  com- 
pany, in  the  manner  herein  provided.  The  failure  to  file  such  instrument  within 
said  time  shall  be  taken  and  deemed  to  be  a  refusal  to  comply  with  the  order. 
Upon  reception  of  said  assumption  of  the  direct  performance  of  said  work  or 
improvement,  the  city  council  shall  take  no  further  proceedings  in  the  matter, 
unless  such  person  or  company  neglects  or  fails  for  thirty  days,  or  such  further 
time  as  the  council  may  grant,  to  comply  with  the  provisions  of  the  order.  But 
if  such  person  or  company  files  the  said  request  that  the  said  council  have  such 
work  or  improvement  performed,  or  fails  to  perform  said  work  within  thirty 
days,  or  within  such  further  time  as  the  council  may  grant,  then  said  city  coun- 
cil may  pass  an  ordinance  of  intention  to  perform  said  work,  which  ordinance 
shall  specify  the  work  to  be  performed,  and  a  statement  that  unless  within 
thirty  days  after  the  recording  of  the  return  of  the  warrant,  or  within  five  days 
after  the  final  decision  of  the  council  on  an  appeal,  the  said  person  or  company 
shall  pay  the  cost  of  said  work,  or  the  street  superintendent  of  said  city  shall 
issue  bonds  to  represent  the  cost  of  said  work,  stating  also  that  the  cost  of  said 
work,  in  case  bonds  shall  issue,  shall  be  paid  in  ten  yearly  instalments,  and  also 
the  rate  of  interest  (not  to  exceed  ten  per  centum  per  annum)  that  the  same 
shall  bear.  The  subsequent  procedure  shall  be  as  provided  by  the  ''Street  Work 
Act."  A  similar  statement  shall  also  be  incorporated  in  all  notices  required 
to  be  posted  or  published  by  the  provisions  of  the  "Street  Work  Act";  also  in 
the  ordinance  or  resolution  ordering  the  work,  advertisement  for  proposals,  and 
in  the  contract.  Whenever  the  person  or  company  owning  any  such  railroad 
shall  not  have,  within  thirty  days  after  the  recording  of  the  return  of  the  war- 
rant, or  within  five  days  after  the  final  decision  of  the  council  on  an  appeal,  paid 
the  cost  of  such  work,  the  street  superintendent  shall  issue  to  the  contractor,  or 
his  assigns,  bonds  for  the  amount  of  such  cost,  which  shall  describe  the  franchise, 
tracks,  and  roadbed  along  or  between  which  said  w^ork  has  been  performed,  and 
describing  the  same  as  upon  the  assessment  and  diagram,  giving  its  assessment 
number.  Such  bonds  shall  also  describe  the  work  performed,  giving  the  total 
amount  of  the  cost  of  such  work,  the  name  of  the  owner  of  said  railroad,  the 
number  of  instalments  in  which  the  cost  of  the  work  is  to  be  paid,  and  the  rate 
of  interest  which  the  deferred  payments  shall  bear.  Said  bonds  shall  be  in  sums 
of  not  less  than  one  hundred  dollars  or  more  than  one  thousand  dollars,  and  shall 
recite  that  the  total  amount  of  the  cost  of  such  work,  together  with  the  interest 
thereon,  as  represented  in  said  bonds,  is,  except  state,  county,  and  municipal 
taxes,  a  first  lien  upon  all  the  track,  roadbed,  switches,  and  franchises  of  said 
railroad  lying  within  the  corporate  limits  of  the  city  or  town,  on  any  part  of 
which  said  work  has  been  performed.  Said  street  superintendent  shall  also  keep 
a  record  of  such  bonds,  as  required  by  section  eighteen  of  the  "Street  Work 
Act."  Whenever  bonds  have  been  issued,  as  herein  provided,  the  same,  together 
with  the  cost  of  such  work  and  the  interest  thereon,  shall  be,  except  state,  county, 

Gen.  Laws — 85 


1348  STREET   LAW— CITIES    OF    OVER    FORTY    THOUSAND. 

or  municipal  taxes,  a  first  lien  upon  all  the  tracks,  roadbed,  switches,  and  fran- 
chises of  said  railroad  within  the  corporate  limits  of  the  city  or  town,  on  any 
part  of  which  said  work  has  been  performed.  Sections  four  and  five  of  this  act, 
regarding  the  form,  issuance,  and  foreclosure  of  street  bonds,  and  the  sale  of 
property  described  therein,  shall  apply  hereto,  except  that  the  work  required  to 
be  performed  by  the  treasurer  by  said  sections  shall  be  performed  by  the  street 
superintendent,  in  so  far  as  the  bonds  for  the  paving  of  railroads  are  concerned. 
None  of  the  provisions  of  the  "Street  Work  Act"  in  regard  to  a  protest  against 
the  work  shall  apply  to  any  work  contemplated  by  this  section.  All  provisions 
of  the  "Street  Work  Act"  not  inconsistent  with  the  provisions  hereof  shall 
apply  hereto. 

§  7.  The  term  ' '  city  treasurer, ' '  as  used  in  this  act,  shall  be  held  to  mean 
and  include  any  person  who,  under  whatever  name  or  title,  is  the  custodian  of 
the  funds  of  the  municipality. 

§  8.  The  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  to  provide  for 
work  upon  streets,  lanes,  alleys,  courts,  places,  and  sidewalks,  and  for  construc- 
tion of  sewers  within  municipalities,'  approved  March  eighteenth,  eighteen 
hundred  and  eighty-five,  by  adding  thereto  an  additional  part,  numbered  four, 
consisting  of  sections  thirty-eight,  thirty-nine,  forty,  forty-one,  forty-  two,  forty- 
three,  and  forty-four,  relative  to  a  system  of  street  improvement  bonds,"  ap- 
proved March  seventeenth,  eighteen  hundred  and  ninety-one,  is  hereby  repealed, 
except  as  to  any  and  all  proceedings  hitherto  commenced  thereunder,  which 
proceedings  may  be  completed  and  have  full  force  as  is  therein  provided. 

§  9.     This  act  shall  take  effect  and  become  of  force  from  and  after  its  passage. 

STREET    LAW— CITIES    OVER    FORTY    THOUSAND. 

To  provide  for  laying  out,  opening,  extending,  widening,  straightening,  diverg- 
ing, curving,  contracting,  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane,  alley,  court,  or  place  within  municipalities  or  cities  and  cities 
and  counties  of  forty  thousand  inhabitants  or  over,  and  to  condemn  and 
acquire  any  and  all  land  and  property  necessary  or  convenient  for  that 
purpose. 

(Stats.  1893,  220,  ch.  CLXXXVI.) 

§  1.  Be  it  enacted :  Whenever  the  public  interest  or  convenience  may  require, 
the  city  council  of  any  municipality  or  cities  and  cities  and  counties,  containing 
over  forty  thousand  inhabitants,  shall  have  full  power  to  order,  and  upon  the 
petition  of  the  owners  of  a  majority  of  the  frontage  to  be  taken  for  said  purpose 
shall  order,  the  opening,  extending,  widening,  straightening,  diverging,  curving, 
contracting,  or  closing  up,  in  whole  or  in  part,  of  any  street,  square,  lane,  alley, 
court,  or  place  within  the  bounds  of  such  city,  and  shall  condemn  and  acquire 
any  and  all  lands  necessary  or  convenient  for  that  purpose. 

§  2.  Before  ordering  any  work  to  be  done  or  improvement  made,  which  is 
authorized  by  section  one  of  this  act,  the  city  council  shall  then  pass  a  resolution 
declaring  the  intention  "to  do  said  work,  describing  the  work  or  improvement, 
and  the  land  deemed  necessary  to  be  taken  therefor,  and  specifying  the  exterior 
boundaries  of  the  district  of  land  to  be  affected  or  benefited  by  said  work  or 
improvement,  and  be  assessed  to  pay  the  damages,  cost,  and  expense  thereof. 


STREET    LAW' — CITIES    OF    OVER    FORTY   THOUSAND.  1347 

§  3.  The  street  superintendent  shall  then  cause  to  be  conspicuously  posted 
along  the  line  of  said  contemplated  work  or  improvement,  and  not  more  than 
three  hundred  feet  in  distance  apart,  but  not  less  than  three  in  all,  notices  of  the 
passage  of  said  resolution.  Said  notice  shall  be  headed,  "Notice  of  Public 
Work,"  in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible  characters, 
state  the  fact  of  the  passage  of  the  resolution,  its  date,  and,  briefly,  the  work  of 
improvement  proposed,  and  refer  to  the  resolution  for  further  particulars.  He 
shall  also  cause  a  notice  similar  in  substance  to  be  published  for  a  period  of  ten 
days  in  one  or  more  daily  newspapers  published  and  circulated  in  said  city,  and 
designated  by  said  city  council;  or  if  there  is  no  daily  newspaper  so  published 
and  circulated  in  said  city,  then  by  four  successive  insertions  -in  a  weekly  or 
semiweekly  newspaper  so  published,  circulated,  and  designated. 

§  4.  Any  person  through  whose  lands  said  proposed  street  extension  runs,  or 
who  will  be  damaged  or  affected  by  said  proposed  work,  may,  within  ten  days 
after  the  first  publication  of  said  notice,  file  with  the  clerk  of  the  city  council 
his  written  objections  thereto,  stating  in  what  manner  and  to  w^hat  extent  he 
will  be  damaged,  which  objection  shall  be  delivered  to  the  clerk  of  the  city  coun- 
cil, who  shall  indorse  thereon  the  date  of  its  reception  by  him,  and  at  the  next 
meeting  of  the  city  council,  after  the  expiration  of  said  ten  days,  lay  said  objec- 
tions before  said  city  council,  which  shall  fix  a  time  for  hearing  said  objections, 
not  less  than  one  week  thereafter.  The  city  clerk  shall  thereupon  notify  the  per- 
sons making  such  objections  by  depositing  a  notice  thereof  in  the  post-office  of 
said  city,  postage  prepaid,  addressed  to  such  objector. 

§  5.  At  the  time  specified,  or  to  which  the  hearing  may  be  adjourned,  the 
city  council  shall  hear  the  objections  filed,  and  if  the  owners  of  a  majority  of  the 
frontage  of  all  lands  to  be  assessed  for  benefits,  as  said  owners  appear  on  the 
last  preceding  annual  assessment  roll  for  state  and  county  taxes,  object,  in  writ- 
ing, to  said  proposed  opening,  extending,  and  widening,  straightening,  diverging, 
curving,  contracting,  or  closing  up  of  said  street,  said  city  council  shall  sustain 
said  objections,  and  all  proceedings  therefor  shall  be  stopped  for  the  period  of 
twelve  months.  Proceedings  may  be  again  commenced  by  a  new  resolution  of 
intention.  If  the  owners  of  a  majority  of  the  frontage  of  all  streets  within  the 
assessment  district  do  not  object,  in  writing,  thereto,  within  the  time  specified 
in  this  act,  the  city  council  shall  be  deemed  to  have  acquired  jurisdiction  to 
order  any  of  the  work  to  be  done  or  improvements  to  be  made  which  is  author- 
ized by  section  one  of  this  act. 

§  6.  Having  acquired  jurisdiction,  as  provided  in  the  preceding  section,  the 
city  council  shall  order  said  work  to  be  done,  and,  unless  the  proposed  work  is 
for  closing  up,  and  it  appears  that  no  assessment  is  necessary,  shall  appoint 
three  disinterested  persons,  who  shall  constitute  a  board  of  commissioners  in 
that  regard,  who  shall  have  full  supervision  of  the  proposed  work  or  improve- 
ment until  the  completion  thereof  in  compliance  with  this  statute.  For  their 
services  they  shall  each  receive,  as  compensation,  not  to  exceed  five  dollars  for 
every  day  of  actual  service;  provided,  that  said  compensation  shall  not  be  paid 
for  a  longer  term  than  six  months  for  each  district,  unless  extended  by  the 
council.  Such  extension  shall  not  exceed  two  months  at  one  time,  nor  shall  the 
term  of  office  of  said  commissioners,  for  any  district,  continue  for  longer  than 
one  year.     Such  compensation  shall  be  added  to  and  be  chargeable  as  a  part  of 


J348  STREET    LAW— CITIES    OF    OVER    FORTY    THOUSAND. 

the  expenses  of  the  work  or  improvement.  Each  of  said  commissioners  shall  file 
with  the  clerk  of  the  city  council  an  aflfidavit  and  a  bond  to  the  state  of  Cali- 
fornia, in  the  sum  of  five  thousand  dollars,  to  faithfully  perform  the  duties  of 
his  office.  The  city  council  may  at  any  time  remove  any  or  all  of  said  commis- 
sioners for  cause  upon  reasonable  notice  and  hearing,  and  may  fill  any  vacancies 
occurring  among  them  for  any  cause.  At  the  end  of  the  terms  of  said  commis- 
sioners, they  shall  hand  over  all  unfinished  business  to  the  city  council,  who  shall 
complete  the  same.  In  all  municipalities  where  there  is  a  board  of  public  works 
such  board  shall  constitute  the  board  of  commissioners  in  this  section  provided 
for,  and  shall  perform  the  duties  of  such  commissioners,  and  their  salaries  as 
members  of  th^  board  of  public  works  shall  be  in  full  compensation  for  such 
services.  It  shall  be  the  official  duty  of  the  city  attorney  to  render  said  com- 
missioners all  necessary  legal  services;  provided,  that  the  city  surveyor  shall, 
for  any  work  or  services  which  he  may  perform  by  the  direction  of  the  common 
council  or  other  legislative  department  of  the  city  government,  receive,  in  addi- 
tion to  his  salary  allowed  by  law,  all  sums  which  he  may  lay  out,  pay  out,  or 
expend  in  the  prosecution  of  said  work,  for  materials  or  labor  necessarily  therein 
by  him  employed. 

§  7,  Said  commissioners  shall  have  an  office  assigned  to  them  by  the  city 
council,  in  the  city  hall,  and  shall  have  power  to  employ  a  secretary,  at  a  salary 
not  to  exceed  one  hundred  and  fifty  dollars  per  month,  and  such  other  clerical 
assistance  as  shall  be  provided  them  by  the  city  council,  the  salaries  and  fees  of 
whom  shall  be  established  and  fixed  by  said  city  council. 

§  8.  All  such  charges  and  expenses  shall  be  deemed  as  expenses  of  said  work 
of  [or]  improvement,  and  be  a  charge  only  upon  the  funds  devoted  to  the  partic- 
ular work  or  improvement  as  provided  hereinafter.  All  payments,  as  well  for  the 
land  and  improvements  taken  or  damaged,  and  for  the  charges  and  expenses, 
shall  be  paid  by  the  city  treasurer,  upon  warrants  drawn  upon  said  fund  from 
time  to  time,  signed  by  said  commissioners,  or  a  majority  of  them.  All  such 
warrants  shall  state  whether  they  are  issued  for  land  or  improvements  taken  or 
damaged,  or  for  charges  and  expenses,  and  that  the  demand  is  only  payable  out 
of  the  money  in  said  fund,  and  in  no  event  shall  the  city  be  liable  for  the  failure 
to  collect  any  assessment  made  by  virtue  hereof,  nor  shall  said  warrant  be  pay- 
able out  of  any  other  fund,  nor  a  claim  against  the  city. 

§  9.  Said  commissioners  shall  proceed  to  view  the  lands  described  in  the  reso- 
lution of  intention,  and  may  examine  witnesses  on  oath,  to  be  administered  by 
any  of  them.  Having  viewed  the  land  to  be  taken,  and  the  improvements 
affected,  and  considered  the  testimony  presented,  they  shall  proceed  with  all  dili- 
gence to  determine  the  value  of  the  land,  and  the  damage  to  improvement  and 
property  affected,  and  also  the  amount  of  the  expenses  incident  to  said  work  or 
improvement,  and  having  determined  the  same,  shall  proceed  to  assess  the  same 
upon  the  lands  described  in  said  district  herein  provided.  The  lands  fronting 
on  said  extension  or  widening  shall  only  be  assessed  to  the  depth  of  one  hundred 
and  twenty  feet,  or  the  full  depth  of  the  lots,  not  exceeding  one  hundred  and 
fifty  feet ;  and  said  lands  shall  be  assessed  with  reference  to  the  amount  of  grad- 
ing to  be  done,  and  their  location  on  the  grades  of  said  street  or  improvement ; 
and  the  expenses  of  grading  said  lots  or  lands,  whether  filling  or  cutting  shall 
be  necessary  to  place  them  on  the  grade  of  said  street  or  improvement,  shall  be 


STREET    LAW — CITIES    OF    OVER    FORTY   THOUSAND.  1349 

estimated  in  determining  the  value  of  the  land,  and  the  damage  to  the  improve- 
ment and  property  affected. 

§  10.  Said  commissioners,  having  made  their  assessment  of  benefits  and  dam- 
age, shall,  with  all  diligence,  make  a  written  report  thereof,  to  the  city  council, 
and  shall  accompany  their  report  with  a  plat  showing  the  land  taken,  or  about 
to  be  taken,  for  the  work  or  improvement,  and  the  lands  assessed,  showing  the 
relative  location  of  each  district,  block,  lot,  or  portion  of  lot,  and  its  dimensions, 
so  far  as  the  commissioners  can  reasonably  ascertain  the  same.  Each  block  and 
lot,  or  portion  of  lot,  taken  or  assessed,  shall  be  designated  and  described  in  said 
plat  by  an  appropriate  number,  and  a  reference  to  it  by  such  descriptive  number 
shall  be  a  suflficient  description  of  it  in  any  suit  entered  to  condemn  and  in  all 
respects.  When  the  report  and  plat  are  approved  by  the  city  council,  a  copy  of 
said  plat,  appropriately  designated,  shall  be  filed  by  the  clerk  thereof  in  the 
office  of  the  recorder  of  the  county. 

§  11.  Said  report  shall  specify  each  lot,  subdivision,  or  piece  of  property 
taken  or  injured  by  the  widening  or  other  improvement,  or  assessed  therefor, 
together  with  the  name  of  the  owner  or  claimant  thereof,  or  of  persons  interested 
therein  as  lessees,  encumbrancers,  or  otherwise,  so  far  as  the  same  are  known  to 
such  commissioners,  and  the  particulars  of  their  interests,  so  far  as  the  same  can 
be  ascertained,  and  the  amount  of  value  or  damage,  or  the  amount  assessed,  as 
the  case  may  be. 

§  12.  If  in  any  case  the  commissioners  find  conflicting  claims  of  title  exist, 
or  shall  be  in  ignorance  or  doubt  as  to  the  ownership  of  any  lot  of  land,  or  of  any 
improvements  thereon,  or  any  interest  therein,  it  shall  be  set  down  as  belonging 
to  unknown  owners.  Error  in  the  designation  of  the  owner  or  owners  of  any 
land  or  improvements,  or  of  the  particulars  of  their  interest,  shall  not  affect  the 
validity  of  the  assessment  or  the  condemnation  of  the  property  to  be  taken. 

§  13,  Said  report  and  plat  shall  be  filed  in  the  clerk's  office  of  the  city  council, 
and  thereupon  the  clerk  of  said  city  council  shall  give  notice  of  such  filing  by 
publication  for  at  least  ten  days  in  one  or  more  daily  newspapers  published  and 
circulated  in  said  city;  or  if  there  be  no  daily  newspaper,  by  three  successive 
insertions  in  a  weekly  or  semiweekly  newspaper  so  published  and  circulated. 
Said  notice  shall  also  require  all  persons  interested  to  show  cause,  if  any,  why 
such  report  should  not  be  confirmed,  before  the  city  council,  on  or  before  a  day 
fixed  by  the  clerk  thereof,  and  stated  in  said  notice,  which  day  shall  be  not  less 
than  thirty  days  from  the  first  publication  thereof. 

§  14.  All  objections  shall  be  in  writing,  and  filed  with  the  clerk  of  the  city 
council,  who  shall,  at  the  next  meeting  after  the  day  fixed  in  the  notice  to  show 
cause,  lay  the  said  objections,  if  any,  before  the  city  council,  which  shall  fix  a 
time  for  hearing  the  same,  of  which  the  clerk  shall  notify  the  objectors  in  the 
same  manner  as  objectors  to  the  original  resolution  of  intention.  At  the  time 
set,  or  at  such  other  time  as  the  hearing  may  be  adjourned  to,  the  city  council 
shall  hear  such  objections  and  pass  upon  the  same ;  and  at  such  time,  or  if  there 
be  no  objections  at  the  first  meeting  after  the  day  set  in  such  order  to  show  cause, 
or  such  other  time  as  may  be  fixed,  shall  proceed  to  pass  upon  such  report,  and 
may  confirm,  correct  or  modify,  or  may  sustain  the  objections  thereto  and  order 
the  commissioners  to  make  a  new  report,  assessment,  and  plat,  which  in  either 


1350  STREET    LAW— CITIES    OF    OVEK    FORTY   THOUSAND. 

case  shall  be  filed,  and  notice  given  and  hearing  had,  as  in  the  case  of  the  original 
report ;  but  no  report,  or  plat,  or  assessment  shall  be  filed  by  said  commissioners 
after  the  expiration  of  ten  months  after  their  appointment. 

§  15.  The  clerk  of  said  city  council  shall  forward  to  the  street  superintend- 
ent of  the  city  a  certified  copy  of  the  report,  assessment,  and  plat  as  finally  con- 
firmed and  adopted  by  the  city  council.  Such  certified  copy  shall  thereupon  be 
the  assessment  roll,  and  thirty  days  after  such  filing  shall  become  a  lien  on  the 
property  assessed  therein,  for  its  proportion  of  the  costs  of  said  improvement, 
as  hereinbefore  provided. 

§  16.     The  superintendent  of  streets  shall  thereupon  give  notice  by  publication 
for  ten  days  in  two  daily  newspapers  published  and  circulated  in  said  city  and 
county,  or  by  two  successive  insertions  in  a  weekly  or  semiweekly  newspaper  so 
published  and  circulated,  that  he  has  received  said  assessment  roll,  and  that  all 
sums  levied  and  assessed  in  said  assessment  roll  are  due  and  payable  immediately, 
and  that  the  payment  of  said  sums  is  to  be  made  to  him  within  thirty  days  from 
the  date  of  the  first  publication  of  said  notice.     Said  notice  shall  also  contain  a 
statement  that  all  assessments  not  paid  before  the  expiration  of  said  thirty  days 
will  be  declared  to  be  delinquent,  and  that  thereafter  the  sum  of  five  per  centum 
apon  the  amount  of  each  delinquent  assessment,  together  with  the  cost  of  adver- 
tising each  delinquent  assessment,  will  be  added  thereto.    When  payment  of  any 
assessment  is  made  to  said  superintendent  of  streets,  he  shall  write  the  word 
"Paid"  and  the  date  of  payment  opposite  the  respective  assessments  so  paid, 
and  the  names  of  persons  by  or  for  whom  said  assessment  is  paid,  and  shall,  if 
so  required,  give  a  receipt  therefor.     On  the  expiration  of  said  thirty  days,  all 
assessments  then  unpaid  shall  be  and  become  delinquent,  and  said  superintendent 
of  streets  shall  certify  such  fact  at  the  foot  of  said  assessment  roll,  and  shall  add 
five  per  centum  to  the  amount  of  each  assessment  so  delinquent.    The  said  super- 
intendent of  streets  shall,  within  five  days  from  the  date  of  said  delinquency, 
proceed  to  advertise  and  collect  the  various  sums  delinquent  and  the  whole 
thereof,  including  the  cost  of  advertising,  which  last  shall  not  exceed  the  sum  of 
fifty  cents  for  each  lot,  piece,  or  parcel  of  land  separately  assessed,  by  the  sale 
of  the  assessed  property  in  the  same  manner  as  is  or  may  be  provided  for  the 
collection  of  state  and  county  taxes ;  and  after  the  date  of  said  delinquency,  and 
before  the  time  of  said  sale  herein  provided  for,  no  assessment  shall  be  received 
unless  at  the  same  time  the  five  per  centum  added  thereto,  as  aforesaid,  together 
with  the  cost  of  advertising  then  already  incurred,  shall  be  paid  therewith.   Said 
list  of  delinquent  assessments  shall  be  published  daily  for  five  days  in  one  or 
more  daily  newspapers  published  and  circulated  in  such  city,  or  by  at  least  one 
insertion  in  a  weekly  newspaper  so  published  and  circulated,  before  the  day  of 
sale  of  such  delinquent  assessment.    Said  time  of  sale  must  not  be  less  than  seven 
days  from  the  date  of  the  first  publication  of  said  delinquent  assessment  list,  and 
the  place  must  be  in  or  in  front  of  the  office  of  said  superintendent  of  streets. 
All  property  sold  shall  be  subject  to  redemption  in  the  same  time  and  manner 
as  in  sales  for  delinquent  state  and  county  taxes;  and  the  superintendent  of 
streets  may  collect  for  each  certificate  fifty  cents,  and  for  each  deed  one  dollar. 
All  provisions  of  the  law  in  reference  to  the  sale  and  redemption  of  property  for 
delinquent  state  and  county  taxes  in  force  at  any  given  time  shall  also  then,  so 
i'ar  as  the  same  are  not  in  conflict  with  the  provisions  of  this  act,  be  applicable 


STREET    LAW— CITIES    OP    OVER    FORTY   THOUSAND.  1851 

to  the  sale  and  redemption  of  property  for  delinquent  assessments  hereunder, 
including  the  issuance  of  certificates  and  the  execution  of  deeds.  The  deed  of 
the  street  superintendent  made  after  such  sales,  in  case  of  failure  to  redeem,  shall 
be  prima  facie  evidence  of  the  regularity  of  all  proceedings  hereunder  and  of 
title  in  the  grantee.  It  shall  be  conclusive  evidence  of  the  necessity  of  taking  or 
damaging  the  lands  taken  or  damaged,  and  of  the  correctness  of  the  compensa- 
tion awarded  therefor.  The  superintendent  of  streets  shall,  from  time  to  time, 
pay  over  to  the  city  treasurer  all  moneys  collected  by  him  on  account  of  any  such 
assessments.  The  city  treasurer  shall,  upon  receipt  thereof,  place  the  same  in  a 
separate  fund,  designating  such  fund  by  the  name  of  the  street,  square,  lane, 
alley,  court,  or  place  for  the  widening,  opening,  or  other  improvement  of  which 
the  assessment  was  made.  Payments  shall  be  made  from  said  fund  to  the  parties 
entitled  thereto,  upon  warrants  signed  by  the  commissioners,  or  a  majority  of 
them. 

§  17.  "When  sufficient  money  is  in  the  hands  of  the  city  treasurer,  in  the  fund 
devoted  to  the  proposed  work  or  improvement,  to  pay  for  the  land  or  improve- 
ments taken  or  damaged,  and  when,  in  the  discretion  of  the  commissioners,  or  a 
majority  of  them,  the  time  shall  have  come  to  make  payments,  it  shall  be  the 
duty  of  the  commissioners  to  notify  the  owner,  possessor,  or  occupant  of  any 
land  or  improvements  thereon  to  whom  damages  shall  have  been  awarded  that 
a  warrant  has  been  drawn  for  the  payment  of  the  same,  and  that  he  can  receive 
such  warrant  at  the  office  of  such  commissioners,  upon  tendering  a  conveyance 
of  any  property  to  be  taken ;  such  a  notification,  except  in  the  ease  of  unknown 
owners,  to  be  made  by  depositing  a  notice,  postage  paid,  in  the  post-office,  ad- 
dressed to  his  last  known  place  of  abode  or  residence.  If,  at  the  expiration  of 
thirty  days  after  the  deposit  of  such  notice,  he  should  not  have  applied  for  such 
warrant  and  tendered  a  conveyance  of  the  land  to  be  taken,  the  warrant  so  drawn 
shall  be  deposited  with  the  county  treasurer,  and  shall  be  delivered  to  such 
owner,  possessor,  or  occupant,  upon  tendering  a  conveyance  as  aforesaid,  unless 
judgment  of  condemnation  shall  be  had,  when  the  same  shall  be  canceled. 

§  18.  If  any  owner  of  land  to  be  taken  neglects  or  refuses  to  accept  the  war- 
rant drawn  in  his  favor,  as  aforesaid,  or  objects  to  the  report  as  to  the  necessity 
of  taking  his  land,  the  commissioners,  with  the  approval  of  the  city  council,  may 
cause  proceedings  to  be  taken  for  the  condemnation  thereof,  as  provided  by  law 
under  the  right  of  eminent  domain.  The  complaint  may  aver  that  it  is  neces- 
sary for  the  city  to  take  or  damage  and  condemn  the  said  lands,  or  an  easement 
therein,  as  the  case  may  be,  without  setting  forth  the  proceedings  herein  pro- 
vided for,  and  the  resolution  and  ordinance  ordering  said  work  to  be  done  shall 
be  conclusive  evidence  of  such  necessity.  Such  proceedings  shall  be  brought  in 
the  name  of  the  municipality,  and  have  precedence,  so  far  as  the  business  of  the 
court  will  permit ;  and  any  judgment  for  damages  therein  rendered  shall  be  pay- 
able out  of  such  portion  of  the  special  fund  as  may  remain  in  the  treasury,  so  far 
as  the  same  can  be  applied.  At  any  time  after  trial  and  judgment  entered,  or 
preceding  an  appeal,  the  court  may  order  the  city  treasurer  to  set  apart  in  the 
city  treasury  a  sufficient  sum  from  the  fund  appropriated  to  the  particular 
improvement,  to  answer  the  judgment  and  all  damages,  and  thereupon  may 
authorize  and  order  the  municipality  to  enter  upon  the  land  and  proceed  with 
the  proposed  work  and  improvement.     In  case  of  a  deficiency  in  said  fund  to 


1362  STREET   LAW — CITIES    OF    OVER    FORTY    THOUSAND. 

pay  the  whole  of  said  judgment  and  damages,  the  city  council  shall  order  the 
balance  thereof  to  be  paid  out  of  the  general  fund  of  the  treasury, 

§  19.  The  treasurer  shall  pay  such  warrants  out  of  the  appropriate  fund,  and 
not  otherwise,  in  the  order  of  their  presentation ;  provided,  that  warrants  for 
land  or  improvements  taken  or  damaged  shall  have  priority  over  warrants  for 
charges  and  expenses,  and  the  treasurer  shall  see  that  sufficient  money  is  and 
remains  in  the  fund  to  pay  all  warrants  of  the  first  class  before  paying  any  of 
the  second. 

§  20.  If  any  title  attempted  to  be  acquired  by  virtue  of  this  act  shall  be  found 
to  be  defective  from  any  cause,  the  city  council  may  again  institute  proceedings 
to  acquire  the  land  as  in  this  act  provided,  or  otherwise,  or  may  authorize  the 
commissioners  to  purchase  the  same,  and  include  the  cost  thereof  in  a  supple- 
mentary assessment,  as  provided  in  the  last  section. 

§21.  1.  The  words  "work"  and  "improvement,"  as  used  in  this  act,  shall 
include  all  work  mentioned  in  section  one  of  this  act. 

2.  In  case  there  is  no  daily  or  weekly  or  semiweekly  newspaper  printed  and 
circulated  in  the  city,  then  such  notices  as  are  herein  required  to  be  published 
in  a  newspaper  shall  be  posted  and  kept  posted  for  the  length  of  time  required 
herein  for  the  publication  of  the  same  in  a  weekly  newspaper,  in  three  of  the 
most  public  places  in  such  city.  Proof  of  the  publication  of  posting  of  any  notice 
provided  for  herein  shall  .be  made  by  affidavit  of  the  owner,  publisher,  or  clerk 
of  the  newspaper,  or  of  the  poster  of  the  notice. 

3.  The  word  "municipality"  and  the  word  "city"  shall  be  understood  and 
so  construed  as  to  include  all  corporations  heretofore  organized  and  now  exist- 
ing, or  hereafter  organized,  for  municipal  purposes. 

4.  The  terms  "street  superintendent"  and  "superintendent  of  streets,"  as 
used  in  this  act,  shall  be  understood  and  so  construed  as  to  include,  and  are 
hereby  declared  to  include,  any  person  or  officer  whose  duty  it  is,  under  the 
law,  to  have  the  care  or  charge  of  the  streets,  or  the  improvement  thereof,  in 
any  city.  In  all  those  cities  where  there  is  no  street  superintendent  or  superin- 
tendent of  streets,  the  city  council  thereof  is  hereby  authorized  and  empowered 
to  appoint  a  suitable  person  to  discharge  the  duties  herein  laid  down  as  those  of 
street  superintendent  or  superintendent  of  streets,  and  all  the  provisions  hereof 
applicable  to  the  street  superintendent  or  superintendent  of  streets  shall  apply 
to  such  persons  so  appointed. 

5.  The  term  "city  council"  is  hereby  declared  to  include  any  body  or  board 
which,  under  the  law,  is  the  legislative  department  of  the  government  of  any  city. 

6.  The  term[s]  "clerk"  and  "city  clerk,"  as  used  in  this  act,  is  [are]  hereby 
declared  to  include  any  person  or  officer  who  shall  be  clerk  of  said  city  council. 

7.  The  term  "treasurer"  or  "city  treasurer,"  as  used  in  this  act,  shall  include 
any  person  or  officer  who  shall  have  charge  and  make  payment  of  the  city  funds. 

§  22.  The  mayor,  tax  collector,  and  city  or  city  and  county  attorney,  as  the 
case  may  be,  of  all  municipalities  wherein  there  is  existing  at  the  passage  of  this 
act  any  commission  appointed  for  the  opening,  extending,  or  widening  of  streets 
under  the  provision  of  said  act  of  ]\Iarch  sixth,  eighteen  hundred  and  eighty- 
nine,  and  which  commission  is  not  within  the  proviso  of  section  twenty-three  of 
this  act,  are  hereby  constituted  a  board  of  audit,  whose  duty  it  shall  be,  upon 


STREET    LAW— OPEMNG    ANU    WIDENING    STREETS.  1353 

petition  of  said  commission,  to  carefully  examine  all  the  accounts,  bills,  and 
expenditures,  made  or  contracted  for  by  said  commission,  including  the  salaries 
of  the  said  commissioners ;  and  said  board  of  audit,  or  a  majority  of  its  members, 
is  hereby  authorized  to  audit  and  allow  such  amounts  as  it  shall  find  to  be  just 
and  reasonable,  and  report  said  amounts,  with  the  items  thereof  and  to  whom 
payable,  to  the  city  council.  Said  report  shall  be  final  and  conclusive  as  to  said 
amounts.  The  city  council  is  authorized  to  pass  and  allow  and  order  paid  to 
each  of  the  persons  entitled  thereto,  the  amounts  so  found  to  be  due,  in  the  same 
manner  as  claims  and  demands  against  such  municipality  are  passed,  allowed, 
and  ordered  paid.  The  payment  of  said  amounts  shall  be  provided  for  in  the 
tax  levy  next  thereafter  made  by  said  city  council,  and  when  said  taxes  are  col- 
lected the  said  amounts  shall  be  paid  out  of  the  general  fund  of  said  municipality 
in  the  same  manner  as  other  claims  and  demands  are  paid. 

§  23.  The  act  approved  March  sixth,  eighteen  hundred  and  eighty-nine,  en- 
titled an  act  for  opening,  widening,  and  extending  streets,  et  cetera,  after  the  pas- 
sage of  this  act,  shall  not  apply  to  any  city  or  city  and  county  having  a  population 
of  forty  thousand  inhabitants  or  over;  but  as  to  any  city  or  city  and  county 
having  a  population  of  forty  thousand  or  over  said  act  shall  not  apply ;  but  said 
cities  and  cities  and  counties  shall  be  subject  only  to  the  provisions  of  this  act 
in  all  matters  embraced  within  the  purview  of  this  act ;  provided,  however,  that 
the  present  city  council  or  other  governing  body  of  any  municipality  of  forty 
thousand  inhabitants  or  over  shall  have  power,  by  a  three-fourths  vote  of  its 
members,  to  extend  the  life  of  any  existing  commission  until  its  work  shall  have 
been  completed  as  in  said  act  provided ;  but  in  all  other  cases  in  cities  or  cities 
and  counties  of  forty  thousand  inhabitants  or  over,  the  assessments,  plats,  and 
reports  filed  by  said  commissioners  are  declared  to  be  null  and  void,  and  all 
moneys  collected  under  the  provisions  of  said  act  shall  be  refunded  to  the  per- 
sons from  whom  the  same  were  collected,  in  the  same  manner  as  taxes  which  have 
been  twice  collected,  and  the  said  commissioners  are  hereby  removed  from  office ; 
provided  further,  however,  that  in  case  of  the  lands  necessary  to  Aviden  or  open 
any  street,  there  shall  have  been  actually  purchased  and  conveyed  to  the  munici- 
pality, under  the  provisions  of  said  act  of  March  sixth,  eighteen  hundred  and 
eighty-nine,  more  than  one  half  of  the  land  necessary  for  said  improvements, 
as  shown  by  the  report  and  plat  on  file,  then  said  streets,  and  the  improvement 
thereof,  shall  not  be  affected  by  this  act,  but  the  same  shall  be  completed  as 
commenced. 

§  24.     This  act  shall  be  liberally  construed,  to  promote  the  objects  thereof. 

This  act  shall  take  effect  and  be  in  force  from  the  time  of  its  passage. 

Porphyry  P.   Co.   vs.   Ancker,  104   Cal.    340,  444,58    Pac.  Rep.  920.     §2 — O'Dea  vs.  Mitchell, 

?.41,    37    Pac.    Rep.    1050;    Los   Angeles   L.    Co.  144  Cal.  374,  379,   77  Pac.  Rep.  1020.     §§4,  5— 

vs.    Los   Angeles,    106    Cal.    156,    15S,    39    Pac.  German  Sav.   &  L.   Soc.  vs.   Ramish.   138  Cal. 

Rep.  535;  Ramish  vs.  Hartwell,  126  Cal.  443,  120,  124,  125.  69  Pac.  Rep.  89,  70  Id.  1067. 

STREET  LAW— OPENING,  WIDENING,  ETC. 

To   provide    for   laying   out,    opening,    extending,    widening,    straightening,    or 
closing  up  in  whole  or  in  part  any  street,  square,  lane,  alley,  court,  or  place 
within  municipalities,  and  to  condemn  and  acquire  any  and  all  land  and 
property  necessary  or  convenient  for  that  purpose. 
(Stats.  1889,  70,  ch.  LXXVI.) 


1354         STREET    LAW— OPENING    AND    WIDENING    STREETS— OBJECTIONS    TO. 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the  city  council 
of  any  municipality  shall  have  full  power  and  authority  to  order  the  opening, 
extending,  widening,  straightening,  or  closing  up  in  whole  or  in  part  of  any 
street,  square,  lane,  alley,  court,  or  place  within  the  bounds  of  such  city,  and  to 
condemn  and  acquire  any  and  all  land  and  property  necessary  or  convenient  for 
that  purpose. 

§  2.  Before  ordering  any  work  to  be  done  or  improvement  made  which  is 
authorized  by  section  one  of  this  act,  the  city  council  shall  pass  a  resolution 
declaring  its  intention  to  do  so,  describing  the  work  or  improvement,  and  the 
land  deemed  necessary  to  be  taken  therefor,  and  specifying  the  exterior  bound- 
aries of  the  district  of  lands  to  be  affected  or  benefited  by  said  work  or  improve- 
ment, and  to  be  assessed  to  pay  the  damages,  cost,  and  expenses  thereof. 

§  3.  The  street  superintendent  shall  then  cause  to  be  conspicuously  posted 
aUorig  the  line  of  said  contemplated  work  or  improvement,  at  not  more  than  three 
hundred  feet  in  distance  apart,  but  not  less  than  three  in  all,  notices  of  the  pass- 
age of  said  resolution.  Said  notice  shall  be  headed  "Notice  of  Public  Work," 
in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible  characters,  state  the 
fact  of  passage  of  the  resolution,  its  date,  and,  brietiy,  the  work  or  improve- 
ment proposed,  and  refer  to  the  resolution  for  further  particulars.  He  shall 
also  cause  a  notice,  similar  in  substance,  to  be  published  for  a  period  of  ten  days 
in  one  or  more  daily  newspapers  published  and  circulated  in  said  city,  and  desig- 
nated by  said  city  council;  or  if  there  is  no  daily  newspaper  so  published  and 
circulated  in  said  eitj^  then  by  four  successive  insertions  in  a  Aveekly  or  semi- 
weekly  newspaper,  so  published,  circulated,  and  designated. 

§  4.  Any  person  interested  objecting  to  said  work  or  improvement,  or  to  the 
extent  of  the  district  of  lands  to  be  affected  or  benefited  by  said  work  or  im- 
provement, and  to  be  assessed  to  pay  the  cost  and  expenses  thereof,  may  make 
written  objections  to  the  same  within  ten  days  after  the  expiration  of  the  time 
for  the  publication  of  said  notice,  which  objection  shall  be  delivered  to  the 
clerk  of  the  city  council,  who  shall  indorse  thereon  the  date  of  its  reception  by 
him,  and  at  the  next  meeting  of  the  city  council  after  the  expiration  of  said  ten 
days  lay  said  objections  before  said  city  council,  which  shall  fix  a  time  for  hear- 
ing said  objections,  not  less  than  one  week  thereafter.  The  city  clerk  shall 
thereupon  notify  the  persons  making  such  objections,  by  depositing  a  notice 
thereof  in  the  post-office  of  said  city,  postage  prepaid,  addressed  to  such  objector. 

§  5,  At  the  time  specified  or  to  which  the  hearing  may  be  adjourned,  the  said 
city  council  shall  hear  the  objections  urged,  and  pass  upon  the  same,  and  its 
decision  shall  be  final  and  conclusive.  If  such  objections  are  sustained,  all  pro- 
ceedings shall  be  stopped,  but  proceedings  may  be  again  commenced  at  any  time 
by  giving  notice  of  intention  to  do  said  work  or  make  said  improvement.  If 
such  objection  is  overruled  by  the  city  council,  the  proceedings  shall  continue  the 
same  as  if  such  objection  had  not  been  made.  At  the  expiration  of  the  time  pre- 
scribed during  which  objections  to  said  work  or  improvement  may  be  made,  if  no 
objections  shall  have  been  made,  or  if  an  objection  shall  have  been  made,  and  said 
council,  after  hearing,  shall  have  overruled  the  same,  the  city  council  shall  be 
deemed  to  have  acquired  jurisdiction  to  order  any  of  the  work  to  be  done,  or 
improvements  to  be  made,  which  is  authorized  by  section  one  of  this  act. 


STREET    LA\V — OPEMjVG    AND    WIDENING    STREETS — CHARGES,    ETC.         1355 

§  6.  Having  acquired  jurisdiction  as  provided  in  the  preceding  section,  the 
city  council  shall  order  said  work  to  be  done,  and  unless  the  proposed  work  is  for 
closing  up,  and  it  appears  that  no  assessment  is  necessary,  shall  appoint  three 
commissioners  to  assess  benefits  and  damages,  and  have  general  supervision  of  the 
proposed  work  or  improvement  until  the  completion  thereof  in  compliance  with 
this  statute.  For  their  services,  they  shall  receive  such  compensation  as  the  city 
council  may  determine  from  time  to  time;  provided,  that  such  compensation 
shall  not  exceed  two  hundred  dollars  per  month  each,  nor  continue  more  than  six 
months,  unless  extended  by  order  of  the  city  council.  Such  compensation  shall 
be  added  to  and  be  chargeable  as  a  part  of  the  expenses  of  the  work  or  improve- 
ment. Each  of  said  commissioners  shall  file  with  the  clerk  of  the  city  council  an 
affidavit,  and  a  bond  to  the  state  of  California  in  the  sum  of  five  thousand  dollars, 
to  faithfully  perform  the  duties  of  his  office.  The  city  council  may  at  any  time 
remove  any  or  all  of  said  commissioners  for  cause,  upon  reasonable  notice  and 
hearing,  and  may  fill  any  vacancies  occurring  among  them  for  any  cause. 

§  7.  Said  commissioners  shall  have  power  to  employ  such  assistance,  legal  or 
otherwise,  as  they  may  deem  necessary  and  proper;  also  to  rent  an  office,  and 
provide  such  maps,  diagrams,  plans,  books,  stationery,  fuel,  lights,  postage,  ex- 
pressage  and  incur  such  incidental  expenses  as  they  may  deem  necessary. 

§  8.  All  such  charges  and  expenses  shall  be  deemed  as  expenses  of  said  work 
or  improvement,  and  be  a  charge  only  upon  the  funds  devoted  to  the  particular 
work  or  improvement  as  provided  hereinafter.  All  payments,  as  well  for  the 
land  and  improvements  taken  or  damaged,  as  for  the  charges  and  expenses,  shall 
be  paid  by  the  city  treasurer,  upon  warrants  drawn  upon  said  fund  from  time 
to  time,  signed  by  said  commissioners,  or  a  majority  of  them.  All  such  warrants 
shall  state  whether  they  are  issued  for  land  or  improvements  taken  or  damaged, 
or  for  charges  and  expenses,  and  that  the  demand  is  payable  only  out  of  the 
money  in  said  fund,  and  in  no  event  shall  the  city  be  liable  for  the  failure  to 
collect  any  assessment  made  by  virtue  hereof,  nor  shall  said  warrant  be  payable 
out  of  any  other  fund,  nor  [be]  a  claim  against  the  city, 

§  9.  Said  commissioners  shall  proceed  to  view  the  lands  described  in  the  reso- 
lution of  intention,  and  may  examine  witnesses  on  oath  to  be  administered  by  any 
one  of  them.  Having  viewed  the  land  to  be  taken,  and  the  improvements  affected, 
and  considered  the  testimony  presented,  they  shall  proceed  with  all  diligence  to 
determine  the  value  of  the  land  and  the  damage  to  improvements  and  property 
affected,  and  also  the  amount  of  the  expenses  incident  to  said  work  or  improve- 
ment, and  having  determined  the  same  shall  proceed  to  assess  the  same  upon  the 
district  of  lands  declared  benefited,  the  exterior  boundaries  of  which  were  fixed 
by  the  resolution  of  intention  provided  for  by  section  two  hereof.  Such  assess- 
ment shall  be  made  upon  the  lands  within  said  district  in  proportion  to  the 
benefit  to  be  derived  from  said  work  or  improvement,  so  far  as  the  said  com- 
missioners can  reasonably  estimate  the  same,  including  in  such  estimate  the 
property  of  any  railroad  company  within  said  district,  if  such  there  be. 

§  10.  Said  commissioners  having  made  their  assessment  of  benefits  and  dam- 
age, shall,  with  all  diligence,  make  a  written  report  thereof  to  the  city  council, 
and  shall  accompany  their  report  with  a  plat  of  the  assessment  district  showing 
the  land  taken  or  to  be  taken  for  the  work  or  improvement,  and  the  lands 


1356  STREET    LAW— OPENING    AND     WIDENING     STREETS— OBJECTIONS. 

assessed,  showing  the  relative  location  of  each  district,  block,  lot  or  portion  of  lot, 
and  its  dimensions,  so  far  as  the  commissioners  can  reasonably  ascertain  the 
same.  Each  block  and  lot,  or  portion  of  lot,  taken  or  assessed,  shall  be  designated 
and  described  in  said  plat  by  an  appropriate  number,  and  a  reference  to  it  by 
such  descriptive  number  shall  be  a  sufficient  description  of  it  in  any  suit  entered 
to  condemn,  and  in  all  respects.  When  the  report  and  plat  are  approved  by  the 
city  council,  a  copy  of  said  plat,  appropriately  designated,  shall  be  filed  by  the 
clerk  thereof  in  the  office  of  the  recorder  of  the  county. 

§  11.  Said  report  shall  specify  each  lot,  subdivision,  or  piece  of  property 
taken  or  injured  by  the  widening  or  other  improvement,  or  assessed  therefor, 
together  with  the  name  of  the  owner  or  claimants  thereof,  or  of  persons  interested 
therein  as  lessees,  encumbrancers,  or  otherwise,  so  far  as  the  same  are  known 
to  such  commissioners,  and  the  particulars  of  their  Intercast,  so  far  as  the  same 
can  be  ascertained,  and  the  amount  of  value  or  damage,  or  the  amount  assessed, 
as  the  case  may  be, 

§  12.  If  in  any  case  the  commissioners  find  that  conflicting  claims  of  title 
exist,  or  shall  be  in  ignorance  or  doubt  as  to  the  ownership  of  any  lot  of  land, 
or  of  any  improvements  thereon,  or  of  any  interest  therein,  it  shall  be  set  down  as 
belonging  to  unknown  owners.  Error  in  the  designation  of  the  owner  or  owners 
of  any  land  or  improvements,  or  of  the  particulars  of  their  interest,  shall  not 
affect  the  validity  of  the  assessment  or  of  the  condemnation  of  the  property  to 
be  taken. 

§  13.  Said  report  and  plat  shall  be  filed  in  the  clerk's  office  of  the  city  council, 
and  thereupon  the  clerk  of  said  city  council  shall  give  notice  of  such  filing  by 
publication  for  at  least  ten  days  in  one  or  more  daily  newspapers  published  and 
circulated  in  said  city ;  or  if  there  be  no  daily  paper,  by  three  successive  insertions 
in  a  weekly  or  semiweekly  newspaper  so  published  and  circulated.  Said  notice 
shall  also  require  all  persons  interested  to  show  cause,  if  any,  why  such  report 
should  not  be  confirmed,  before  the  city  council  on  or  before  a  day  fixed  by  the 
clerk  thereof,  and  stated  in  said  notice,  which  day  shall  not  be  less  than  thirty 
days  from  the  first  publication  thereof. 

§  14.  All  objections  shall  be  in  writing,  and  filed  with  the  clerk  of  the  city 
council,  who  shall,  at  the  next  meeting  after  the  day  fixed  in  the  notice  to  show 
cause,  lay  the  said  objections,  if  any,  before  the  city  council,  which  shall  fix  a 
time  for  hearing  the  same,  of  which  the  clerk  shall  notify  the  objectors  in  the 
same  manner  as  objectors  to  the  original  resolution  of  intention ;  at  the  time 
set,  or  at  such  other  time  as  the  hearing  may  be  adjourned  to,  the  city  council 
shall  hear  such  objections  and  pass  upon  the  same ;  and  at  such  time,  or,  if  there 
be  no  objections,  at  the  first  meeting  after  the  day  set  in  such  order  to  show  cause, 
or  such  other  time  as  may  be  fixed,  shall  proceed  to  pass  upon  such  report,  and 
may  confirm,  correct,  or  modify  the  same,  or  may  order  the  commissioners  to 
make  a  new  asses.sment,  report,  and  plat,  which  shall  be  filed,  notice  given,  and 
hearing  had,  as  in  the  case  of  an  original  report. 

§  15.  The  clerk  of  said  city  council  shall  forward  to  the  street  superintendent 
of  the  city  a  certified  copy  of  the  report,  assessment,  and  plat,  as  finally  eon- 
firmed  and  adopted  by  the  city  council.  Such  certified  copy  shall  thereupon  be 
the  assessment  roll.    Immediately  upon  receipt  thereof  by  the  street  supei-intend- 


STREET    LAW— OPENING    AND    WIDENING    STREETS— NOTICE.  1357 

ent,  the  assessment  therein  contained  shall  become  due  and  payable,  and  shall  be 
a  lien  upon  all  the  property  contained  or  described  therein. 

§  16.  The  superintendent  of  streets  sh&ll  thereupon  give  notice  by  publication 
for  ten  days  in  one  or  more  daily  newspapers  published  and  circulated  in  such 
city  or  city  and  county,  or  by  two  successive  insertions  in  a  weekly  or  semi- 
weekly  newspaper  so  published  and  circulated,  that  he  has  received  said  assess- 
ment roll,  and  that  all  sums  levied  and  assessed  in  said  assessment  roll  are  due 
and  payable  immediately,  and  that  the  payment  of  said  sums  is  to  be  made  to  him 
within  thirty  days  from  the  date  of  the  first  publication  of  said  notice.  Said 
notice  shall  also  contain  a  statement  that  all  assessments  not  paid  before  the 
expiration  of  said  thirty  days  will  be  declared  to  be  delinquent,  and  that  there- 
after the  sum  of  five  per  centum  upon  the  amount  of  each  delinquent  assessment, 
together  with  the  cost  of  advertising  each  delinquent  assessment,  will  be  added 
thereto.  "When  payment  of  any  assessment  is  made  to  said  superintendent  of 
streets,  he  shall  write  the  word  "Paid,"  and  the  date  of  payment,  opposite  the 
respective  assessment  so  paid,  and  the  names  of  persons  by  or  for  whom  said 
assessment  is  paid,  and  shall,  if  so  required,  give  a  receipt  therefor.  On  the  ex- 
piration of  said  thirty  days,  all  assessments  then  unpaid  shall  be  and  become 
delinquent,  and  said  superintendent  of  streets  shall  certify  such  fact  at  the  foot 
of  said  assessment  roll,  and  shall  add  five  per  centum  to  the  amount  of  each 
assessment  so  delinquent.  The  said  superintendent  of  streets  shall,  within  five 
days  from  the  date  of  said  delinquency,  proceed  to  advertise  and  collect  the 
various  sums  delinquent,  and  the  whole  thereof,  including  the  cost  of  advertising, 
which  last  shall  not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece  or  parcel  of 
land  separately  assessed,  by  the  sale  of  the  assessed  property  in  the  same  manner 
as  is  or  may  be  provided  for  the  collection  of  state  and  county  taxes ;  and  after 
the  date  of  said  delinquency,  and  before  the  time  of  such  sale  herein  provided 
for,  no  assessment  shall  be  received  unless  at  the  same  time  the  five  per  centum 
added  thereto,  as  aforesaid,  together  with  the  costs  of  advertising  then  already 
incurred,  shall  be  paid  therewith.  Said  list  of  delinquent  assessments  shall  be 
published  daily  for  five  days  in  one  or  more  daily  newspapers  published  and 
circulated  in  such  city,  or  by  at  least  one  insertion  in  a  weekly  newspaper  so 
published  and  circulated,  before  the  day  of  sale  of  such  delinquent  assessment. 
Said  time  of  sale  must  not  be  less  than  seven  days  from  the  date  of  the  first  pub- 
lication of  said  delinquent  assessment  list,  and  the  place  must  be  in  or  in  front 
of  the  office  of  said  superintendent  of  streets.  All  property  sold  shall  be  subject 
to  redemption  in  the  same  time  and  manner  as  in  sales  for  delinquent  state  and 
county  taxes;  and  the  superintendent  of  streets  may  collect  for  each  certificate 
fifty  cents,  and  for  each  deed  one  dollar.  All  provisions  of  the  law,  in  reference 
to  the  sale  and  redemption  of  property  for  delinquent  state  and  county  taxes 
in  force  at  any  given  time,  shall  also  then,  so  far  as  the  same  are  not  in  conflict 
with  the  provisions  of  this  act,  be  applicable  to  the  sale  and  redemption  of 
property  for  delinquent  assessments  hereunder,  including  the  issuance  of  cer- 
tificates and  execution  of  deeds.  The  deed  of  the  street  superintendent  made 
after  such  sale,  in  case  of  failure  to  redeem,  shall  be  prima  facie  evidence  of 
the  regularity  of  all  proceedings  hereunder,  and  of  title  in  the  grantee.  It 
shall  be  conclusive  evidence  of  the  necessity  of  taking  or  damaging  the  lands 
taken  or  damaged,  and  of  the  correctness  of  the  compensation  awarded  therefor. 


1358        STREET   LAW— OPEMNG   AND   WIDENING   STREETS — WARRANTS    FOR. 

The  superintendent  of  streets  shall,  from  time  to  time,  pay  over  to  the  city  treas- 
urer all  moneys  collected  by  him  on  account  of  any  such  assessments.  The  city 
treasurer  shall,  upon  receipt  thereof,  place  the  same  in  a  separate  fund,  designat- 
ing such  fund  by  the  name  of  the  street,  square,  lane,  alley,  court,  or  place  for 
the  widening,  opening,  or  other  improvement  of  which  the  assessment  was  made. 
Payments  shall  be  made  from  said  fund  to  the  parties  entitled  thereto,  upon 
warrants  signed  by  the  commisioners,  or  a  majority  of  them. 

§  17.  When  sufficient  money  is  in  the  hands  of  the  city  treasurer,  in  the 
fund  devoted  to  the  proposed  work  or  improvement,  to  pay  for  the  land  and  im- 
provements taken  or  damaged,  and  when  in  the  discretion  of  the  commissioners, 
or  a  majority  of  them,  the  time  shall  have  come  to  make  payments,  it  shall  be 
the  duty  of  the  commissioners  to  notify  the  owner,  possessor,  or  occupant  of  any 
land  or  improvements  thereon  to  whom  damages  shall  have  been  awarded,  that 
a  warrant  has  been  drawn  for  the  payment  of  the  same,  and  that  he  can  receive 
such  warrant  at  the  office  of  such  commissioners  upon  tendering  a  conveyance 
of  any  property  to  be  taken ;  such  notification,  except  in  the  case  of  unknown 
owners,  to  be  made  by  depositing  a  notice,  postage  paid,  in  the  post-office,  ad- 
dressed to  his  last  known  place  of  abode  or  residence.  If  at  the  expiration  of 
thirty  days  after  the  deposit  of  such  notice,  he  should  not  have  applied  for  such 
warrant,  and  tendered  a  conveyance  of  the  land  to  be  taken,  the  warrant  so 
drawn  shall  be  deposited  with  the  county  treasurer,  and  shall  be  delivered  to  such 
owner,  possessor,  or  occupant,  upon  tendering  a  conveyance  as  aforesaid,  unless 
judgment  of  condemnation  shall  be  had,  when  the  same  shall  be  canceled. 

§  18.  If  any  owner  of  land  to  be  taken  neglects  or  refuses  to  accept  the  war- 
rant drawn  in  his  favor,  as  aforesaid,  or  objects  to  the  report  as  to  the  necessity 
of  taking  his  land,  the  commissioners,  with  the  approval  of  the  city  council,  may 
cause  proceedings  to  be  taken  for  the  condemnation  thereof,  as  provided  by  law 
under  the  right  of  eminent  domain.  The  complaint  may  aver  that  it  is  necessary 
for  the  city  to  take  or  damage  and  condemn  the  said  lands,  or  an  easement 
therein,  as  the  case  may  be,  without  setting  forth  the  proceedings  herein  provided 
for  and  the  resolution  and  ordinance  ordering  said  work  to  be  done  shall  be  con- 
clusive evidence  of  such  necessity.  Such  proceeding  shall  be  brought  in  the  name 
of  the  municipality,  and  have  precedence  so  far  as  the  business  of  the  court  will 
permit;  and  any  judgment  for  damages  therein  rendered  shall  be  payable  out  of 
such  portion  of  the  special  fund  as  may  remain  in  the  treasury,  so  far  as  the  same 
can  be  applied.  At  any  time  after  trial  and  judgment  entered,  or  preceding  an 
appeal,  the  court  may  order  the  city  treasurer  to  set  apart  in  the  city  treasury 
a  sufficient  sum  from  the  fund  appropriated  to  the  particular  improvement  to 
answer  the  judgment  and  all  damages,  and  thereupon  may  authorize  and  order 
the  municipality  to  enter  upon  the  land  and  proceed  with  the  proposed  work  and 
improvement.  In  case  of  a  deficiency  in  said  fund  to  pay  the  whole  of  such 
judgment  and  damages,  the  city  council  may,  in  their  discretion,  order  the  bal- 
ance thereof  to  be  paid  out  of  the  general  fund  of  the  treasury  or  to  be  distributed 
by  the  commissioners  over  the  property  assessed  by  a  supplementary  assessment ; 
but  in  the  last-named  case,  in  order  to  avoid  delay,  the  city  council  may  advance 
such  balance  out  of  any  appropriate  fund  in  the  treasury,  and  reimburse  the  same 
from  the  collections  of  the  assessment.    Pending  the  collection  and  payment  of 


STREET   LAW— OPENING,    ETC.,    STREETS— DELINQUENT    ASSESSMENT.        1350 

the  amount  of  the  judgment  and  damages,  the  court  may  order  such  stay  of 
proceedings  as  may  be  necessary. 

§  19.  The  treasurer  shall  pay  such  warrants  out  of  the  appropriate  fund, 
and  not  otherwise,  in  the  order  of  their  presentation;  provided,  that  warrants 
for  land  or  improvements  taken  or  damaged  shall  have  priority  over  warrants 
for  charges  and  expenses,  and  the  treasurer  shall  see  that  sufficient  money  is  and 
remains  in  the  fund  to  pay  all  warrants  of  the  first  class  before  paying  any  of 
the  second. 

§  20.  If  after  the  sale  of  the  property  for  delinquent  assessments  there  should 
be  a  deficiency,  and  there  should  be  unreasonable  delay  in  collecting  the  same, 
or  if  for  the  purpose  of  equalizing  the  assessments  supplying  a  deficiency, 
or  for  any  cause  it  appear  desirable,  the  commissioners  may  so  report  to  the 
city  council,  who  may  order  them  to  make  a  supplementary  assessment  and  report 
the  same  in  manner  and  form  as  the  original,  and  subject  to  the  same  procedure. 
If  by  reason  of  such  supplementary  assessment,  or  for  any  cause,  there  should 
be  at  any  time  a  surplus,  the  city  council  may  appropriate  the  same  and  declare 
a  dividend  pro  rata  to  the  parties  paying  the  same,  and  they,  upon  demand,  shall 
have  the  right  to  have  the  amount  of  such  pro  rata  dividends  refunded  to  them, 
or  credited  upon  any  subsequent  assessment  for  taxes  made  against  said  parties 
in  favor  of  said  city. 

§  21.  If  any  title  attempted  to  be  acquired  by  virtue  of  this  act  shall  be  found 
to  be  defective  from  any  cause,  the  city  council  may  again  institute  proceedings 
to  acquire  the  cause  as  in  this  act  provided,  or  otherwise,  or  may  authorize  the 
commissioners  to  purchase  the  same  and  include  the  cost  thereof  in  a  supple- 
mentary assessment  as  provided  in  the  last  section. 

§  22,  If  the  city  council  deem  it  proper  that  the  boundaries  of  the  districts 
of  lands  to  be  affected  and  assessed  to  pay  the  damages,  cost,  and  expenses  of  any 
work  or  improvement  under  this  act,  shall  include  the  whole  city,  then  the  com- 
missioners appointed  shall  proceed  in  a  summary  manner  to  purchase  the  lands 
to  be  taken  or  condemned  from  the  owners  and  claimants  thereof.  If  said  com- 
missioners and  the  owners  and  claimants  cannot  agree  upon  the  price  to  be  paid 
for  said  lands,  they  shall  proceed  to  view  and  value  the  same,  and  shall  thereupon 
make  a  summary  report  to  the  city  council.  Upon  final  confirmation  of  the 
report,  the  city  council,  if  there  be  not  sufficient  money  available  in  the  city 
treasury,  shall  cause  the  cost  and  expenses  of  the  contemplated  public  improve- 
ment to  be  assessed  upon  the  whole  of  the  taxable  property  of  said  city,  and  to 
be  included  in  and  form  part  of  the  next  general  assessment  roll  of  said  city,  and 
with  like  efi^ect  in  all  respects  as  if  the  same  formed  a  part  of  the  city,  state,  and 
county  taxes ;  and  when  the  same  shall  have  been  collected  the  said  city  council 
shall  cause  the  land  required  to  be  paid  for  or  the  value  thereof  tendered,  and 
the  said  contemplated  public  improvement  to  be  forthwith  made  and  completed. 
All  the  provisions  of  the  preceding  sections  not  in  conflict  with  this  section  shall 
be  applicable  thereto. 

§  23.  1.  The  words  "work"  and  "improvement,"  as  used  in  this  act,  shall  in- 
clude all  work  mentioned  in  section  one  of  this  act. 

2.  In  case  there  is  no  daily  or  weekly  or  semiweekly  newspapers  printed  and 
circulated  in  the  city,  then  such  notices  as  are  herein  required  to  be  published  in 


1360        STREET  LAW — OPENING  AND  WIDENING — PROCEEDINGS   AND   WORK. 

a  newspaper  shall  be  posted  and  kept  posted  for  the  length  of  time  required 
herein  for  the  publication  of  the  same  in  a  weekly  newspaper,  in  three  of  the 
most  public  places  in  such  city.  Proof  of  the  publication  or  posting  of  any  notice 
provided  for  herein  shall  be  made  by  affidavit  of  the  owner,  publisher  or  clerk  of 
the  newspaper  or  of  the  poster  of  the  notice. 

3.  The  word  "municipality"  and  the  word  "city"  shall  be  understood  and  so 
construed  as  to  include  all  corporations  heretofore  organized  and  now  existing, 
or  hereafter  organized,  for  municipal  purpose  [s]. 

4.  The  terms  "street  superintendent"  and  "superintendent  of  streets,"  as 
used  in  this  act,  shall  be  understood  and  so  construed  as  to  include,  and  are 
hereby  declared  to  include,  any  person  or  officer  whose  duty  it  is,  under  the  law, 
to  have  the  care  or  charge  of  the  streets,  or  the  improvement  thereof,  in  any  city. 
In  all  those  cities  where  there  is  no  street  superintendent  or  superintendent  of 
streets,  the  city  council  thereof  is  hereby  authorized  and  empowered  to  appoint 
a  suitable  person  to  discharge  the  duties  herein  laid  down  as  those  of  street  super- 
intendent or  superintendent  of  streets ;  and  all  the  provisions  hereof  applicable 
to  the  street  superintendent  or  superintendent  of  streets  shall  apply  to  such 
persons  so  appointed. 

5.  The  term  "city  council"  is  hereby  declared  to  include  any  body  or  board 
which,  under  the  law,  is  the  legislative  department  of  the  government  of  any  city. 

6.  The  terms  "clerk"  and  "city  clerk,"  as  used  in  this  act,  is  [are]  hereby 
declared  to  include  any  person  or  officer  who  shall  be  clerk  of  said  city  council. 

7.  The  term  "treasurer"  or  "city  treasurer,"  as  used  in  this  act,  shall  in- 
clude any  person  or  officer  who  shall  have  charge  and  make  payment  of  the  city 
funds. 

8.  No  publications  or  notice  other  than  that  provided  for  in  this  act  shall  be 
necessary  to  give  validity  to  any  proceedings  had  thereunder. 

§  24.  The  proceedings  and  any  work  or  improvement,  such  as  is  provided  for 
in  this  act,  already  commenced,  and  now  progressing  under  any  other  act  now 
in  force,  or  by  virtue  of  any  ordinance  passed  by  any  city  council  or  board  of 
supervisors  of  any  city,  county,  or  city  and  county,  by  virtue  of  any  other  act 
now  in  force,  may,  from  any  stage  of  such  proceedings  already  commenced  and 
now  progressing,  be  continued  under  this  act  by  resolution  of  the  city  council. 
The  said  work  or  improvement  may  then  be  conducted  under  the  provisions  of 
this  act  with  full  force  and  effect  in  all  respects,  from  the  stage  of  such  proceed- 
ings under  such  other  acts  or  ordinances  at  and  from  which  such  resolution  shall 
declare  an  election  or  intention  to  have  said  w^ork  or  improvement  cease  under 
such  other  act  or  ordinance,  and  continue  under  this  act ;  and  from  such  election 
so  made,  all  proceedings  theretofore  had  under  such  other  act  or  ordinance  are 
hereby  ratified,  confirmed,  and  made  valid,  and  it  shall  be  unnecessary  to  renew 
or  conduct  over  again  proceedings  had  under  such  other  act  or  ordinance.  This 
section  shall  not  apply  to  any  work  or  improvement  proceedings  in  which  [pro- 
ceedings] were  commenced  more  than  eighteen  months  prior  to  the  passage  of 
this  act. 

§  25.  The  provisions  of  this  act  shall  be  liberally  construed  to  promote  the 
objects  thereof.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

§§1-5 — W^ulzen  vs.  Board  Supervrs.,  101  pervrs.,  124  Cal.  274,  277,  57  Pac.  Rep.  82. 
Cal.  15,  19-23,  40  Am.  St.  Rep.  17n,  35  Pac.  §§  1-16 — Santa  Cruz  F.  B.  Assoc,  vs.  Grant, 
Rep.    353.      §51-6  —  Brown     vs.     Board     Su-        104  Cal.   306,  307,  37  Pac.  Rep.   1034;   Cohen 


STREET   L,A\^'— SALE   FOR   DELINQUENT   ASSESSMENTS— REDEMPTION.        1361 

VS.   City  Alameda,   124  Cal.   504,   505,   57  Pac.  Cal.    555,    558,    42    Pac.    Rep.    913.    47    Id.    453. 

Rep.    377;    McKeeby    vs.    Los    Angeles,    125  §§9,  10 — City  San  Luis  Obispo  vs.  Brizzolara, 

Cal.    639,    640,    58    Pac.    Rep.    263;    Byrne    vs.  IO9   Cal.    434,    435,   34   Pac.   Rep.   1083.     §11 — 

Drain,    127    Cal.    663,    665,    60    Pac.    Rep.    433.  Hadley  vs.   Dague,   130  Cal.   207-215,   62  Pac. 

§§2,  4 — Dehail  vs.  Morford,   95  Cal.   457,   460,  Rep.    500;   Alameda  vs.   Cohen,   133   Cal.   5,   6, 

30  Pac.  Rep.   593.     §§4,  5,  13,  18 — Davies  vs.  65    Pac.    Rep.    127;    Town    of   Mill   Valley   vs. 

Los  Angeles,  86  Cal.  37,  44,  24  Pac.  Rep.  771.  House,    142    Cal.    698,    699-701,    76    Pac.    Rep. 

§§5,  11 — Girvin  vs.   Simon,  116  Cal.   604,   608,  658.     §§13-16 — Gill  vs.   City  of  Oakland.   124 

48    Pac.    Rep.    720;    City    of   Los   Angeles    vs.  Cal.  335,  336,  57  Pac.  Rep.  150.     §16 — Clarke 

Leavis,    119    Cal.    164,    165,    51    Pac.    Rep.    34.  vs.    Mead,    102    Cal.    516,    517,    36    Pac.    Rep. 

§6 — Santa  Ana  vs.  Harlan,   99   Cal.   538,   541,  862.      §18 — City   of   Los   Angeles   vs.    Dehail, 

34   Pac.    Rep.    224.     §§6,  7,  8,  16 — Brooks   vs.  97    Cal.    13,    14,    31    Pac.    Rep.    626.      §24 — San 

City  San  Luis  Obispo,  109  Cal.  50,  51,  41  Pac.  Francisco   vs.    Kiernan,    98   Cal.    614,    620,    33 

Rep.    791;    Symons    vs.    San    Francisco,    115  Pac.  Rep.  720. 

STREET  LAW— SALE  AND  REDEMPTION. 

Fixing  and  regulating  the  manner  of  sale  and  redemption  of  real  property  for 
delinquent  assessments  to  pay  the  damages,  costs  and  expense  for  or  incident 
to  laying  out,  opening,  extending,  widening,  straightening,  diverging,  curv- 
ing, contracting,  or  closing  up,  in  whole  or  in  any  part,  any  street,  square, 
lane,  alley,  court,  or  place  within  municipalities  in  this  state. 

(Stats.  1895,  204,  ch.  CLXXVII.) 

§  1.  All  sales,  and  redemptions  after  sale,  of  any  real  property  upon  which 
the  assessment  levied  and  assessed  to  pay  the  damages,  costs,  and  expense  for  or 
incident  to  laying  out,  opening,  extending,  widening,  straightening,  diverging, 
curving,  constructing,  or  closing  up,  in  whole  or  in  part,  any  street,  square,  lane, 
alley,  court,  or  place  within  municipalities  in  this  state,  shall  remain  unpaid  and 
hecome  delinquent  under  the  provisions  of  any  act  or  law  regulating  such  matters, 
shall  be  made  and  had  in  the  same  time  and  manner  as  such  sales  and  redemption 
were  required  by  law  to  be  made  and  had  on  the  first  day  of  January,  anno 
Domini  eighteen  hundred  and  ninety-five. 

§  2.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
approval. 

STREET  LAW— "ACT  OF  NINETEEN  HUNDRED  AND  THREE." 

To  provide  for  the  laying  out,  opening,  extending,  widening,  or  straightening,  in 
whole  or  in  part,  of  public  streets,  squares,  lanes,  alleys,  courts,  and  places, 
within  municipalities,  for  the  condemnation  of  property  necessary  or  con- 
venient for  such  purposes,  and  for  the  establishment  of  assessment  districts 
and  the  assessment  of  property  therein  to  pay  the  expense  of  such  improve- 

™^^*-  (Stats.  1903,  376,  ch.  CCLXVIII.) 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the  city  coun- 
cil of  any  municipality  shall  have  full  power  and  authority  to  order  the  laying 
out,  opening,  extending,  widening,  or  straightening,  in  whole  or  in  part,  of  any 
public  street,  square,  lane,  alley,  court,  or  place  within  such  municipality,  and 
to  acquire,  by  condemnation,  any  and  all  property  necessary  or  convenient  for 
that  purpose. 

§  2.  Before  ordering  any  improvement  to  be  made,  which  is  authorized  by 
section  one  of  this  act,  the  city  council  shall  pass  an  ordinance  declaring  its  in- 

Gen.  Laws — 86 


13«a  STREET    LAW — ACT    OF   1903. 

tention  to  do  so,  describing  the  improvement,  and  the  land  necessary  or  con- 
venient to  be  taken  therefor,  and  specifying  the  boundaries  of  the  district  to 
be  benefited  by  said  improvement,  and  to  be  assessed  to  pay  the  expense  thereof, 
and  to  be  known  as  the  assessment  district. 

§  3,  The  street  superintendent  shall  thereupon  cause  to  be  conspicuously 
posted  along  all  streets  and  parts  of  streets  within  the  assessment  district  de- 
scribed in  said  ordinance,  at  not  more  than  three  hundred  feet  in  distance  apart, 
notices  (not  less  than  three  in  all)  of  the  passage  of  said  ordinance.  Said  notices 
shall  be  headed  "Notice  of  Public  Work,"  in  letters  not  less  than  one  inch  in 
length,  shall  be  in  legible  characters,  and  shall  state  the  fact  and  date  of  the 
passage  of  said  ordinance,  and  briefly  describe  the  improvement  proposed,  and 
refer  to  said  ordinance  for  further  particulars.  He  shall  also  cause  a  notice 
similar  in  substance  to  be  published  for  a  period  of  five  days,  in  a  daily  news- 
paper published  and  circulated  in  said  municipality,  and  designated  by  said 
city  council  for  that  purpose,  or  if  there  is  no  such  daily  newspaper,  then  by. 
four  successive  insertions  in  a  weekly  newspaper  so  published,  circulated,  and 
designated. 

§  4,  Any  person  interested,  objecting  to  said  improvement,  or  to  the  extent 
of  the  assessment  district  described  in  said  ordinance  of  intention,  may  file  a 
written  protest  with  the  clerk  of  the  city  council,  within  thirty  days  after  the  first 
publication  of  the  notice  required  by  section  three  of  this  act.  The  clerk  shall  in- 
dorse on  every  such  protest  the  date  of  its  reception  by  him,  and,  at  the  next 
regular  meeting  of  the  city  council  after  the  expiration  of  the  time  for  filing 
protests,  shall  present  to  said  city  council  all  protests  so  filed  with  him.  If 
such  protests  are  against  the  said  improvement,  and  said  city  council  finds  that 
the  same  are  signed  by  the  owners  of  a  majority  of  the  frontage  of  the  property 
fronting  on  streets  or  parts  of  streets  within  said  assessment  district,  all  further 
proceedings  under  said  ordinance  of  intention  shall  be  barred,  and  no  new 
ordinance  of  intention  for  the  same  improvement  shall  be  passed  within  six 
months  after  the  presentation  of  such  protests  to  the  city  council,  unless  the 
owners  of  a  majority  of  the  frontage  of  the  property  fronting  on  streets  or  parts 
of  streets  within  said  assessment  district  shall  in  the  mean  time  petition  therefor. 
If  such  protests  are  against  the  improvement,  and  the  council  finds  that  they  are 
not  signed  by  the  owners  of  a  majority  of  the  frontage  of  the  property  fronting 
on  streets  or  parts  of  streets  within  the  assessment  district,  or  if  such  protests 
are  only  against  the  extent  of  the  assessment  district,  the  council  shall  hear  said 
protests  at  said  meeting,  or  at  any  time  to  which  the  hearing  thereof  may  be 
adjourned,  and  pass  upon  the  same,  and  its  decision  shall  be  final  and  conclusive. 
If  such  protests  are  sustained,  no  further  proceedings  shall  be  had  under  said 
ordinance  of  intention,  but  a  new  ordinance  of  intention  for  the  same  improve- 
ment may  be  passed  at  any  time.  If  such  protests  are  denied,  the  proceedings 
shall  continue  as  if  such  protests  had  not  been  made.  At  the  expiration  of  the 
time  within  which  protests  may  be  filed,  if  none  are  filed,  or  if  protests  are  filed, 
and  after  hearing  are  denied,  as  above  provided,  then  upon  such  denial,  the  city 
council  shall  acquire  jurisdiction  to  order  the  improvement  described  in  the 
ordinance  of  intention. 

§  5.  Having  acquired  jurisdiction,  the  city  council  shall,  by  ordinance,  order 
said  improvement  to  be  made,  and  direct  an  action  to  be  brought  by  the  city 


STREET    LAW — ACT    OF    1903 — COMPLAINTS,    ETC.  1363 

attorney,  in  the  proper  superior  court,  in  the  name  of  the  municipality,  for  the 
condemnation  of  the  property  necessary  or  convenient  to  be  taken  therefor.  Such 
ordinance  need  not  describe  the  property  to  be  taken,  nor  the  assessment  district, 
but  may  refer  to  the  ordinance  of  intention  for  all  particulars. 

§  6.  Said  action  must  be  brought  within  sixty  days  after  the  passage  of  the 
ordinance  ordering  the  improvement,  but  the  council  may,  by  ordinance,  extend 
the  time  for  the  bringing  of  such  action.  Said  action  shall,  in  all  respects,  be 
subject  to  and  governed  by  such  rules  of  the  Code  of  Civil  Procedure  now  exist- 
ing, or  that  may  be  hereafter  adopted,  as  may  be  applicable  thereto,  except  in  the 
particulars  otherwise  provided  for  in  this  act. 

§  7.  The  complaint  shall  set  forth,  or  state  the  effect  of,  the  ordinance  of  in- 
tention, and  the  ordinance  ordering  the  improvement,  but  need  not  set  up  any 
other  proceedings  had  before  the  bringing  of  the  action.  Said  ordinances  shall 
be  conclusive  evidence,  in  such  action,  of  the  public  necessity  of  the  proposed  im- 
provement, and  also  that  the  same  is  located  in  the  manner  which  will  be  most 
compatible  with  the  greatest  public  good  and  the  least  private  injury. 

§  8.  If  a  jury  is  waived  by  the  defendants,  or  any  of  them,  the  court  must 
appoint  three  disinterested  persons  referees,  to  ascertain  the  compensation  to  be 
paid  to  such  defendants  waiving  a  jury.  Such  referees  must  be  residents  of  the 
municipality  where  such  improvement  is  to  be  made,  and  over  the  age  of  twenty- 
one  years,  and  must  take  and  file  with  the  court  an  oath  to  discharge  their  duties 
faithfully  and  impartially.  If  any  of  such  referees  fails  to  qualify,  or  resigns, 
or  is,  or  becomes,  unable  to  act,  the  vacancy  so  created  shall  be  filled  by  the  court. 

§  9.  The  referees  shall  at  once  proceed  to  view  the  lands  sought  to  be  con- 
demned, and  ascertain  the  compensation  proper  to  be  paid  to  such  of  the  parties 
interested  in  each  parcel  thereof  as  have  waived  a  jury.  They  shall  have  power 
to  examine  witnesses  under  oath,  to  be  administered  by  any  of  them,  and  may 
have  subpoenas  issued  by  the  clerk  of  the  court  requiring  the  attendance  of  wit- 
nesses, or  the  production  of  evidence  before  them.  They  shall,  as  soon  as  prac- 
ticable, make  and  file  with  the  court  a  written  report  of  their  findings,  and  also  of 
the  number  of  days  spent  by  them  in  the  matter  of  such  reference,  and  of  their 
necessary  expenses.  Any  two  of  such  referees  who  agree  thereto,  may  make 
such  report. 

§  10.     The  referees  or  jury,  as  the  case  may  be,  shall  find  separately: 

First — The  value  of  each  parcel  of  property  sought  to  be  condemned,  and  all 
improvements  thereon  pertaining  to  the  realty,  and  of  each  separate  estate  or 
interest  therein ; 

Second — If  any  parcel  of  property  sought  to  be  condemned  is  only  a  part  of  a 
larger  parcel,  the  damages  which  will  accrue  to  the  portion  not  sought  to  be  con- 
demned, and  to  each  separate  estate  or  interest  therein,  by  reason  of  its  severance 
from  the  portion  sought  to  be  condemned,  and  the  construction  of  the  improve- 
ment in  the  manner  proposed  by  the  plaintiff.  Such  damages  must  be  fixed  irre- 
spective of  any  benefit  from  such  improvement. 

§  11.  Upon  the  filing  of  such  report,  the  court  mu.st,  on  motion  of  any  party, 
appoint  a  day  for  hearing  the  same.  Notice  of  the  time  and  place  of  said  hearing 
must  be  served  on  all  the  parties  who  have  answered  at  least  five  days  before  the 
time  appointed.    At  said  hearing,  any  party  to  the  action  may  appear  and  file  his 


1364     STREET  LAW — ACT   OF   1903 — REPORT,  CONFIRMATION— SUPERINTENDENT. 

exceptions,  in  writing,  to  said  report,  and  contest  the  same.  After  hearing  the 
report,  and  any  exceptions  thereto,  the  court  may  confirm  the  report,  or  may 
modify  it  and  confirm  it  as  modified,  or  may  set  it  aside  and  order  a  new  report, 
from  the  same  referees,  or  from  new  referees  to  be  appointed.  If  new  referees 
are  appointed,  the  same  proceedings  shall  be  had  as  upon  the  first  reference. 

§  12.  Upon  confirmation  of  the  report  of  the  referees,  and  receipt  of  the 
verdict  of  the  jury,  the  court  shall  make  and  enter  an  interlocutory  judgment  in 
accordance  with  such  report  and  verdict,  adjudging  that  upon  payment  to  the 
respective  parties,  or  into  court  for  their  benefit,  of  the  several  amounts  found 
due  them,  as  compensation,  and  of  the  costs  allowed  to  them,  the  property  in- 
volved in  the  action  shall  be  condemned  to  the  use  of  the  plaintiff,  and  dedicated 
to  the  use  specified  in  the  complaint.  The  court  shall  allow  to  the  referees,  as 
costs  to  be  paid  by  the  plaintiff,  a  reasonable  compensation  for  their  services,  not 
exceeding  five  dollars  each,  for  each  day  necessarily  spent  in  the  matter  of  the 
reference,  and  their  necessary  expenses. 

§  13.  An  appeal  may  be  taken  from  such  interlocutory  judgment  within  thirty 
days  from  the  entry  thereof,  and  from  any  order  granting  or  denying  a  new 
trial  within  ten  days  after  the  entry  thereof. 

§  14.  The  city  council  may,  at  any  time  prior  to  the  payment  of  the  compen- 
sation awarded  the  defendants,  abandon  the  proceedings,  by  ordinance,  and  cause 
the  said  action  to  be  dismissed,  without  prejudice ;  and  if  any  of  the  assessments 
levied  to  pay  the  expense  of  the  improvement,  as  hereinafter  provided,  shall  have 
been  actually  paid  in  money  at  the  time  of  such  abandonment,  the  same  shall  be 
refunded  to  the  persons  by  whom  they  were  paid. 

§  15.  Upon  the  entry  of  the  interlocutory  judgment,  the  city  council  shall 
order  the  city  engineer,  or  if  there  be  no  city  engineer,  any  civil  engineer  whom  it 
may  employ  for  that  purpose,  to  make  and  deliver  to  the  street  superintendent, 
a  diagram  of  the  improvement  and  of  the  property  within  the  assessment  dis- 
trict described  in  the  ordinance  of  intention.  Said  diagram  shall  show  the  land 
to  be  taken  for  the  proposed  improvement,  and  also  each  separate  lot,  piece,  or 
parcel  of  land  within  the  assessment  district,  and  the  dimensions  of  each  such  lot, 
piece,  or  parcel  of  land,  and  the  relative  location  of  the  same  to  the  proposed 
improvement. 

§  16.  The  street  superintendent,  upon  receiving  the  said  diagram,  shall  pro- 
ceed to  asseas  the  total  expense  of  the  proposed  improvement  upon  and  against 
the  lands,  including  the  property  of  any  railroad,  within  said  asse.ssment  district, 
except  the  land  to  be  taken  for  such  improvement,  in  proportion  to  the  benefits 
to  be  received  from  said  improvement.  The  total  expense  of  the  improvement 
so  to  be  assessed  shall  include  the  amounts  awarded  to  the  defendants  by  the 
interlocutory  judgment  in  the  action  for  condemnation,  the  compensation  and  ex- 
penses of  the  referees,  as  allowed  by  the  court,  and  all  other  costs  of  the  plaintiff 
in  .such  action,  the  expenses  of  making  the  assessment,  and  all  expenses  neces- 
sarily incurred  by  said  city,  in  connection  with  the  proposed  improvement,  for 
maps,  diagrams,  plans,  surveys,  searches  and  certificates  of  title  to  the  property 
to  bo  taken,  and  all  other  matters  incident  thereto. 

§  17.  The  street  superintendent  shall  make  the  said  assessment  in  writing. 
Such  assessment  shall  describe  each  lot,  piece,  or  parcel  of  land  assessed  for  said 


STREET    LAW — ACT    OF    1903 — ASSESSMENTS    AND    OBJECTIONS.  1365 

improvement,  and  shall  designate  each  such  lot,  piece,  or  parcel  of  land  with 
an  appropriate  number.  The  street  superintendent  shall  also  designate  each  such 
lot,  piece,  or  parcel  of  land  on  said  diagram,  with  the  number  corresponding 
with  the  number  thereof  in  said  assessment,  and  said  diagram  shall  thereupon 
be  attached  to  and  become  and  be  deemed  to  be  a  part  of  said  assessment.  Such 
assessment  shall  show  the  total  sum  to  be  raised  thereby,  as  hereinbefore  provided, 
and  also  the  items  of  such  total  sum,  and  opposite  each  lot,  piece  or  parcel  of 
land  assessed,  the  amount  assessed  thereon,  and  the  name  of  the  owner  thereof, 
if  known  to  the  street  superintendent;  or  if  the  owner's  name  is  unknown,  the 
word  ' '  Unknown ' '  shall  be  written  instead  of  such  name.  Any  error  or  mistake 
in  the  designation  of  the  owner  of  any  lot,  piece,  or  parcel  of  land,  or  in  the 
particulars  of  his  interest  therein,  shall  not  affect  the  validity  of  the  assessment. 

§  18.  As  soon  as  said  assessment  is  completed  the  street  superintendent  shall 
file  the  same  with  the  diagram  attached  thereto  and  made  a  part  thereof  as 
aforesaid,  with  the  clerk  of  the  council,  who  shall  give  notice  of  such  filing  by 
publication  for  at  least  ten  days  in  a  daily  newspaper  published  and  circulated 
in  the  city,  or  if  there  be  no  such  daily  newspaper,  by  three  successive  insertions 
in  a  weekly  newspaper  so  published  and  circulated.  Said  notice  shall  require 
all  persons  interested  to  file  with  said  clerk  their  objections,  if  any  they  have, 
to  the  confirmation  of  said  assessment,  within  thirty  days  after  the  date  of  the 
first  publication  of  such  notice,  which  date  shall  be  stated  in  said  notice. 

§  19.  All  objections  shall  be  in  writing  and  shall  be  filed  with  said  clerk  within 
the  time  prescribed  in  the  notice  required  by  section  eighteen  hereof.  The  clerk 
shall,  at  the  next  regular  meeting  of  the  city  council  after  the  expiration  of  the 
time  for  filing  objections,  lay  said  assessment  and  all  objections  so  filed  with 
him,  before  the  council;  and  said  council  shall  hear  all  such  objections  at  said 
meeting,  or  at  any  other  time  to  which  the  hearing  thereof  may  be  adjourned, 
and  pass  upon  such  assessment,  and  may  confirm,  modify,  or  correct  said  assess- 
ment, or  may  order  a  new  assessment,  upon  which  like  proceedings  shall  be  had, 
as  in  the  case  of  an  original  assessment;  or  if  there  be  no  objections,  the  council 
shall,  at  any  regular  meeting  after  the  expiration  of  the  time  for  filing  objections, 
confirm  such  assessment,  and  the  action  of  the  council  upon  such  objections  and 
assessment  shall  be  final  and  conclusive  in  the  premises. 

§  20.  The  clerk  of  the  council  shall  thereupon  deliver  to  the  street  superin- 
tendent the  assessment  as  confirmed  by  the  city  council,  with  his  certificate  of 
such  confirmation,  and  of  the  date  thereof.  The  street  superintendent  shall  there- 
upon record  such  assessment  and  diagram  in  his  office,  in  a  suitable  book  to  be 
kept  for  that  purpose,  and  append  thereto  his  certificate  of  the  date  of  such 
recording,  and  such  record  shall  be  the  assessment  roll.  From  the  date  of  such 
recording  all  persons  shall  be  deemed  to  have  notice  of  the  contents  of  such  assess- 
ment roll.  Immediately  upon  such  recording,  the  several  assessments  contained 
in  such  assessment  roll  shall  become  due  and  payable,  and  each  of  such  assess- 
ments shall  be  a  lien  upon  the  property  against  which  it  is  made. 

§  21.  The  owner  of  any  property  assessed,  who  is  entitled  to  compensation 
under  the  award  made  by  the  interlocutory  judgment,  may,  at  any  time  after 
such  assessment  becomes  payable,  and  before  the  sale  of  said  property  for  non- 
payment thereof,  as  hereinafter  provided,  demand  of  the  street  superintendent 


1366        STREET   LAW— ACT   OF   1903— SUPERIXTENDEIVT    OF   STREETS— DUTIES. 

that  such  assessment,  or  any  number  of  such  assessments,  be  offset  against  the 
amount  to  which  he  is  entitled  under  said  judgment.  Thereupon,  if  said  amount 
is  equal  to  or  greater  than  such  assessments,  including  any  penalties  and  costs 
due  thereon,  the  assessment  shall  be  marked  "Paid  by  offset";  and  if  the  said 
amount  is  less  than  the  assessment,  and  any  penalties  and  costs  due  thereon, 
the  person  demanding  such  offset  shall  at  the  same  time  pay  the  difference  to 
the  street  superintendent  in  money,  and  the  assessments  shall,  on  such  payment, 
be  marked  paid,  the  entry  showing  what  part  thereof  is  paid  by  offset  and  what 
part  in  money.  In  either  case,  as  a  condition  of  the  offset,  such  person  must 
execute  to  the  city  and  deliver  to  the  street  superintendent  duplicate  receipts 
for  such  part  of  the  amount  due  him  under  said  interlocutory  judgment  as  is 
offset  against  such  assessments,  penalties,  and  costs.  One  of  said  duplicate  re- 
ceipts shall  be  filed  by  the  street  superintendent  in  his  office,  the  other  shall  be 
filed  with  the  clerk  of  the  superior  court,  and  on  such  filing,  the  city  shall  be 
entitled  to  a  satisfaction  pro  tanto  of  said  interlocutory  judgment. 

§  22.  The  street  superintendent  shall,  upon  the  recording  of  said  assessment, 
give  notice,  by  publication  for  ten  days  in  a  daily  newspaper,  published  and 
circulated  in  such  municipality,  or  by  three  successive  insertions  in  a  weekly 
newspaper,  so  published  and  circulated,  that  said  assessment  has  been  recorded 
in  his  office,  and  that  all  sums  assessed  therein  are  due  and  payable  immediately, 
and  that  the  payment  of  the  said  sums  is  to  be  made  to  him  within  thirty  days 
after  the  date  of  the  first  publication,  which  date  shall  be  stated  in  the  notice. 
Said  notice  shall  also  contain  a  statement  that  all  assessments  not  paid  before 
the  expiration  of  said  thirty  days  will  become  delinquent,  and  that  thereupon 
five  per  centum  upon  the  amount  of  each  such  assessment  will  be  added  thereto. 
When  payment  of  any  assessment  is  made,  the  street  superintendent  shall  mark 
opposite  such  assessment,  the  word,  "Paid,"  the  date  of  payment,  and  the  name 
of  the  person  by  or  for  whom  the  same  is  paid,  and  shall,  if  so  requested,  give 
receipt  therefor.  On  the  expiration  of  said  period  of  thirty  days,  all  assessments 
then  unpaid  shall  become  delinquent,  and  the  street  superintendent  shall  certify 
such  fact  at  the  foot  of  said  assessment  roll,  and  mark  each  such  assessment 
"Delinquent,"  and  add  five  per  centum  to  the  amount  of  each  assessment 
delinquent. 

§  23.  The  street  superintendent  shall,  within  ten  days  from  the  date  of  such 
delinquency,  begin  the  publication  of  a  list  of  the  delinquent  assessments,  which 
list  must  contain  a  description  of  each  parcel  of  property  delinquent,  and  op- 
posite or  against  each  description,  the  name  of  the  owner  as  stated  in  the  assess- 
ment roll,  and  the  amount  of  the  assessment,  penalty,  and  costs  due,  including 
the  cost  of  advertising,  which  last  shall  not  exceed  the  sum  of  fifty  cents  for 
each  lot,  piece,  or  parcel  of  land,  separately  assessed.  The  street  superinten- 
dent shall  append  to  and  publish  with  said  delinquent  list  a  notice  that  unless 
each  assessment  delinquent,  together  with  the  penalty  and  costs  thereon,  is 
paid,  the  property  upon  which  such  assessment  is  a  lien,  will  be  sold  at  public 
auction  at  a  time  and  place  to  be  specified  in  the  notice.  The  publication  must 
be  made  for  a  period  of  ten  days,  in  some  daily  newspaper  published  and  circu- 
lated in  the  municipality,  or  for  three  weeks  in  a  weekly  newspaper  so  pub- 
lished and  circulated.  The  time  of  sale  must  not  be  less  than  five  days,  nor 
more  than  ten  days,  after  the  expiration  of  the  period  of  publication  of  said  list, 


STRE2ET   LA^V— ACT   OF   1903— SALE   FOR   DELINQUENT  ASSESSMENT.  1367 

and  the  place  of  sale  must  be  in,  or  in  front  of,  the  office  of  the  street  superin- 
tendent. 

§  24.  At  any  time  after  such  delinquency,  and  prior  to  the  sale  of  any 
piece  of  property  assessed  and  delinquent,  any  person  may  pay  the  assessment 
on  such  piece  of  property,  together  with  the  penalty,  and  costs  then  due,  in- 
eluding  the  cost  of  advertising,  if  such  payment  is  made  after  the  first  publica- 
tion of  the  list  of  delinquent  assessments.  The  street  superintendent  shall 
thereupon  mark  such  assessment  ''Paid,"  as  hereinbefore  provided. 

§  25.  On  the  day  fixed  for  the  sale,  the  street  superintendent  must,  at  the 
hour  of  ten  o'clock  a.  m.  commence  the  sale  of  the  property  advertised,  com- 
mencing at  the  head  of  the  list,  and  continuing  in  the  numerical  order  of  lots 
or  parcels  of  land  until  all  are  sold;  provided,  that  he  may  postpone  or  con- 
tinue the  sale  from  day  to  day  until  all  the  property  is  sold.  Each  lot,  piece  or 
parcel  of  land  separately  assessed  must  be  ofilered  for  sale  separately,  and  the 
person  who  will  take  the  least  quantity  of  land,  and  then  and  there  pay  the 
amount  of  the  assessment,  penalty,  and  costs  due,  including  fifty  cents  to  the 
street  superintendent  for  a  certificate  of  sale,  shall  become  the  purchaser.  In 
case  there  is  no  purchaser,  for  any  lot,  piece  or  parcel  of  land  so  offered  for 
sale  the  same  shall  be  struck  off  to  the  municipality,  as  purchaser,  and  the 
city  council  shall  appropriate,  out  of  the  general  fund  of  the  treasury,  the 
amount  required  for  such  purchase,  and  shall  order  the  city  treasurer  to  place 
the  same  in  the  special  fund  for  such  improvement.  No  charge  shall  be  made 
for  the  certificate  of  sale  when  the  municipality  is  the  purchaser. 

§  26.  After  making  the  sale,  the  street  superintendent  must  execute,  in 
duplicate,  a  certificate  of  sale  setting  forth  a  description  of  the  property  sold, 
the  name  of  the  owner  thereof,  as  given  on  the  assessment  roll,  that  said  prop- 
erty was  sold  for  a  delinquent  assessment,  (specifying  the  improvement  for 
which  the  same  was  made),  the  amount  for  which  such  property  was  sold,  the 
date  of  sale,  the  name  of  the  purchaser,  and  the  time  when  the  purchaser  will 
be  entitled  to  a  deed.  The  street  superintendent  must  file  one  copy  of  such 
certificate  in  his  office,  and  deliver  the  other  to  the  purchaser,  or  if  the  munici- 
pality is  the  purchaser,  to  the  clerk  of  the  council,  who  shall  file  the  same  in 
his  office.  On  the  filing  of  the  copy  of  such  certificate  in  the  office  of  the  street 
superintendent,  the  lien  of  the  assessment  shall  vest  in  the  purchaser,  and  is 
only  divested  by  a  redemption  of  the  property,  as  in  this  act  provided.  The 
street  superintendent  shall  also  enter  on  the  assessment  roll,  opposite  the  de- 
scription of  each  piece  of  property  offered  for  sale,  a  description  of  the  part 
thereof  sold,  the  amount  for  which  the  same  was  sold,  the  date  of  the  sale,  and 
the  name  of  the  purchaser. 

§  27.  A  redemption  of  any  parcel  of  property  sold  for  delinquent  assess- 
ment may  be  made  by  any  party  in  interest,  at  any  time  prior  to  the  execution 
and  delivery  of  a  deed  therefor,  by  paying  to  the  street  superintendent  the 
amount  for  which  the  property  was  sold,  and  in  addition  thereto  ten  per  centum 
thereon  if  paid  within  three  months  from  the  date  of  sale;  twenty  per  cen- 
tum if  paid  within  six  months;  thirty  per  centum  if  paid  within  nine 
months;  forty  per  centum  if  paid  within  twelve  months,  or  fifty  per 
centum  if  paid  at  any  time  after  twelve  months.  When  redemption 
is  made,  the  street  superintendent  shall  note  that  fact  on  the  duplicate  cer- 


1368  STREET    LAW— ACT    OF    1903— REDEMPTION    FROM    SALE. 

tificate  of  sale  on  file  in  his  office,  and  deposit  the  amount  paid  with  the  city 
treasurer,  who  shall  credit  the  purchaser  named  in  the  certificate  of  sale  with 
the  said  amount,  and  pay  the  same  to  such  purchaser,  or  his  assignee,  upon 
the  surrender  of  the  certificate  of  sale,  and  upon  satisfactory  proof  o"  as- 
signment thereof,  if  any.  When  the  municipality  is  the  purchaser,  the  treas- 
urer shall  notify  the  clerk  of  the  council  of  the  redemption,  and  such  clerk 
shall  thereupon  cancel  the  certificate  of  sale  on  file  in  his  office. 

§  28.  At  any  time  after  the  expiration  of  twelve  months  from  the  date 
of  sale,  the  street  superintendent  must  execute  to  the  purchaser,  or  his  assignee 
on  his  application,  if  such  purchaser  or  assignee  has  complied  with  the  pro- 
visions of  this  section,  a  deed  of  the  property  sold,  in  which  shall  be  recited 
substantially  the  matters  contained  in  the  certificate,  also  any  assignment  there- 
of, and  the  fact  that  no  person  has  redeemed  the  property.  The  street  superin- 
tendent shall  receive  from  the  applicant  for  a  deed,  one  dollar  for  making 
such  deed,  unless  the  municipality  is  the  purchaser,  in  which  case  no  charge 
shall  be  made  therefor.  The  purchaser  or  his  assignee  must,  at  least  thirty 
days  before  he  applies  for  a  deed,  serve  upon  the  owner  of  the  property,  and 
upon  the  occupant  of  such  property,  if  the  same  is  occupied,  a  written  notice, 
setting  forth  a  description  of  the  property  that  said  property  has  been  sold 
for  a  delinquent  assessment  (specifying  the  improvement  for  which  the  same 
was  made),  the  amount  for  which  it  was  sold,  the  amount  necessary  to  redeem 
at  the  time  of  giving  notice,  and  the  time  when  such  purchaser  or  assignee  will 
apply  to  the  street  superintendent  for  a  deed.  If  the  said  owner  cannot  be 
found,  after  due  diligence,  said  notice  must  be  posted  in  a  conspicuous  place  up- 
on said  property,  at  least  thirty  days  before  the  time  stated  therein,  at  which 
the  application  for  a  deed  will  be  made.  The  person  applying  for  a  deed 
must  file  with  the  street  superintendent  an  affidavit  or  affidavits  showing  that 
notice  of  such  application  has  been  given,  as  herein  required,  and  if  the  notice 
was  not  served  on  the  owner  of  the  property  personally,  that  due  diligence 
was  used  to  find  said  owner;  which  affidavit  or  affidavits  must  be  filed 
by  the  street  superintendent  in  his  office.  If  redemption  of  the  prop- 
erty is  made  after  such  affidavits  are  filed,  and  more  than  eleven  months 
from  the  date  of  sale,  the  person  making  such  redemption  must  pay,  in  addi- 
tion to  the  other  amounts  required,  three  dollars  for  the  service  of  notice  and 
the  making  of  such  affidavits,  which  amount  shall  be  paid  over  to  the  pur- 
chaser or  his  assignee  in  the  same  manner  as  other  sums  paid  for  redemption. 
No  deed  for  any  property  sold  for  delinquent  assessment  shall  be  made  until 
the  purchaser  or  his  assignee  has  complied  with  all  the  provisions  of  this  sec- 
tion, and  filed  the  proper  affidavits  with  the  street  superintendent. 

§  29.  The  deed  of  the  street  superintendent  shall  be  prima  facie  evidence 
of  the  truth  of  all  matters  recited  therein,  and  of  the  regularity  of  all  pro- 
ceedings prior  to  the  execution  thereof,  and  of  title  in  the  grantee. 

§  30.  The  street  superintendent  shall,  from  time  to  time,  pay  over  to  the 
city  treasurer  all  moneys  collected  by  him  on  account  of  any  assessments  made 
under  the  provisions  of  this  act.  The  city  treasurer  shall,  on  receipt  thereof, 
place  the  same  in  a  special  fund,  designating  such  fund  by  the  name  of  the 
improvement  for  which  the  assessment  was  made. 


STREET    LA^V — ACT    OF    1903— DEFINITION    OF    WORDS    AND    PHRASES.         1369 

§  31,  As  soon  as  there  is  sufficient  money  in  the  hands  of  the  city  treasurer, 
in  the  special  fund  devoted  to  the  proposed  improvement,  to  pay  the  amounts 
awarded  to  the  defendants  by  the  interlocutory  judgment  in  the  action  of 
condemnation,  or  such  parts  thereof  as  have  not  been  paid  by  offset  against 
assessments,  as  hereinbefore  provided,  the  said  amounts  shall  be  paid  to  the 
parties  entitled  thereto,  or  into  court  for  their  benefit.  On  satisfactory  proof 
being  made  to  the  court  of  paA'^ment  of  the  amounts  awarded  by  the  interlocu- 
tory judgment  to  the  respective  parties  entitled  thereto,  or  into  court  for  their 
benefit,  it  shall  direct  the  interlocutory  judgment  to  be  satisfied,  and  shall 
make  and  enter  a  final  judgment,  condemning  the  lands  described  in  the  com- 
plaint to  the  uce  of  the  plaintiff  for  the  purposes  specified  in  such  complaint. 

§  32.  In  case  of  a  deficiency  in  the  fund  for  such  improvement,  the  city 
council,  in  its  discretion,  may  provide  for  such  deficiency  by  an  appropriation 
out  of  the  general  fund  of  the  treasury,  or  by  ordering  a  supplementary  assess- 
ment to  be  made  by  the  street  superintendent  upon  the  property  in  said  assess- 
ment district  in  the  same  manner  and  form,  and  subject  to  the  same  procedure 
as  the  original  assessment,  and  in  the  last  named  case,  in  order  to  avoid  delay, 
the  city  council  may  advance  such  deficiency  out  of  the  city  treasury  and  re- 
imburse the  treasury  from  the  collections  under  such  supplementary  assess- 
ment. In  case  of  a  surplus  in  the  fund  for  such  improvement,  the  city  council 
may  order  such  surplus  refunded  pro  rata  to  the  parties  who  paid  the  assess- 
ments. 

§  33.  The  following  words  and  phrases  shall,  where  used  in  this  act,  have 
the  following  meanings: 

(1)  The  term  ''improvement,"  includes  all  the  improvements  mentioned  in 
section  one  of  this  act. 

(2)  The  terms,  "municipality"  and  "city,"  include  all  incorporated  cities, 
cities  and  counties,  and  other  corporations  organized  for  municipal  purposes. 

(3)  The  terms,  "city  council"  and  "council,"  include  any  body  or  board 
in  which  by  law  is  vested  the  legislative  power  of  any  municipality. 

(4)  The  terms,  "clerk"  and  "city  clerk,"  include  any  person  or  officer  who 
acts  as  clerk  of  said  city  council. 

(5)  The  terms,  "treasurer"  and  "city  treasurer,"  include  any  person  or 
officer  who  has  charge  and  makes  payment  of  the  city  funds. 

(6)  The  term,  "street  superintendent,"  includes  any  person  or  officer  whose 
duty  it  is  by  law  to  have  the  care  or  charge  of  streets  or  the  improvement 
thereof,  in  any  city.  In  any  city  where  there  is  no  street  superintendent,  the 
city  council  is  hereby  authorized  to  appoint  a  suitable  person  to  discharge 
the  duties  of  street  superintendent,  as  provided  in  this  act,  and  all  the  pro- 
visions hereof  applicable  to  the  street  superintendent  shall  apply  to  the  person 
so  appointed. 

§  34.  In  case  there  is  no  daily  or  weekly  newspaper  published  and  circu- 
lated in  the  city,  then  such  notices  and  delinquent  lists  as  are  herein  required 
to  be  published  in  a  newspaper  shall  be  posted  in  three  of  the  most  public 
places  in  such  city,  for  the  length  of  time  required  herein  for  the  publication 
of  the  same  in  a  weekly  newspaper.  No  publication  or  notice  other  than  that 
provided  in  this  act  shall  be  necessary  to  give  validity  to  any  proceedings  had 
thereunder. 


i370         STREET    LAW— ACT    OF    1903— NOTICE    REQUIRED — PUBLICATION    OF. 

§  35.  Proof  of  publication  of  any  notice  required  by  this  act  shall  be  made 
by  affidavit,  as  provided  in  the  Code  of  Civil  Procedure,  and  proof  of  the 
posting  of  any  such  notice  shall  be  made  by  the  affidavit  of  the  person  posting 
the  same,  setting  forth  the  facts  regarding  such  posting.  It  shall  be  the  duty 
of  any  officer  who  is  required  by  this  act  to  have  any  notice  published  or  posted, 
to  obtain  and  file  in  his  office  the  affidavit  or  affidavits  in  proof  thereof;  pro- 
vided that  his  failure  so  to  do  shall  not  affect  the  validity  of  any  proceedings 
under  this  act.  Any  such  affidavit  so  filed  shall  be  prima  facie  evidence  of  the 
facts  therein  stated  regarding  such  publication  or  posting. 

§  36.  This  act  shall  in  nowise  affect  an  act  entitled  "An  act  to  provide  for 
laying  out,  opening,  extending,  widening,  straightening,  or  closing  up,  in  whole 
or  in  part,  any  street,  square,  lane,  alley,  court,  or  place  within  municipalities, 
and  to  condemn  and  acquire  any  and  all  land  and  property  necessary  or  con- 
venient for  that  purpose, ' '  approved  March  sixth,  eighteen  hundred  and  eighty- 
nine,  or  amendments  thereto,  or  any  other  acts  on  the  same  subject,  or  apply 
to  proceedings  had  thereunder,  but  it  is  intended  to  and  does  provide  an  alter- 
nate system  of  proceedings  for  making  the  improvements  provided  for  by  this 
act ;  and  it  shall  be  within  the  discretion  of  the  city  council  of  any  municipality 
to  proceed  in  making  such  improvements,  either  under  the  provisions  of  this 
act,  or  under  the  provisions  of  such  other  acts;  but  when  any  proceedings 
are  commenced  under  this  act,  the  provisions  of  this  act,  and  of  such  amend- 
ments thereof  as  may  be  hereafter  adopted,  and  no  other,  shall  apply  to  all  such 
proceedings,  and  any  provisions  contained  in  said  acts  or  any  acts  in  conflict 
with  the  provisions  hereof  shall  be  void  and  of  no  effect  as  to  the  proceedings 
commenced  under  the  provisions  of  this  act.  The  election  of  the  city  council 
to  proceed  under  the  provisions  of  this  act  shall  be  expressed  in  its  ordinance 
of  intention  to  order  the  work  done. 

§  37.  The  provisions  of  this  act  shall  be  liberally  construed  to  promote 
the  objects  thereof.  This  act  may  be  designated  and  referred  to  as  the  "Street 
Opening  Act  of  Nineteen  Hundred  and  Three,"  and  shall  take  effect  and  be  in 
force  upon  its  passage  and  approval. 

Town   of  Min  VaUey  vs.   House,    142   Cal.  69S,   700.   76   Pac.  Rep.   658. 

STREET  RAILROADS. 

See  tit.  Franchises. 

STREETS. 

See  tit.   Trees  and  Hedges. 

SUISUN  CITY. 

See  tit.  Municipal  Corporations. 

SUMMONS  AND  SUBPOENAS  IN  CIVIL  ACTIONS— COSTS  FOR  WHEN 
NOT  SERVED  BY  SHERIFF. 

See  tit.  Costs  in  Civil  Actions. 

SUNDAY. 

See  tit.   Day  of  Rest. 


SUPREME    COURT — DEPUTY    REPORTER— LIBRARIAN— SUSCOL    RANCHO.         1371 

SUPERIOR  COURTS— SUCCESSORS  OF  FORMER  COURTS. 

See  tits.  Courts;  Judges. 

SUPERVISORS— COUNTY— AS  TO  CERTAIN  DUTIES. 

See  tits.  Balloting  Machines ;  County  Government ;  Ferries ;  Franchises ;  Fresno 

County,  Tulare  and  Kern;  Holidays;  License  Tax; 

Nuisances;  Water  Commissioners. 

SUPREME  COURT— DEPUTY  REPORTER. 

To  provide  for  the  appointment  of  a  deputy  supreme  court  reporter,  and  to 

regulate  his  compensation. 
(Stats.  1881,  9,  ch.  XIII;  repealed  1905,  210,  eh.  CCXXIV.) 

§  1.  An  act  entitled  "An  act  to  provide  for  the  appointment  of  a  deputy 
supreme  court  reporter,  and  to  regulate  his  compensation,"  approved  February 
twenty-sixth,  eighteen  hundred  and  eighty-one,  is  hereby  repealed. 

§  2.  This  act  shall  take  eifect  and  be  in  force  from  and  after  the  first  day 
of  July,  nineteen  hundred  and  five. 

As  to  the  statute  here  repealed,  see  Bag-gett  vs.  Dunn,   69  Cal.  75,  10  Pac.  Rep.  125. 

SUPREME  COURT— LIBRARIAN. 

To  authorize  the  justices  of  the  supreme  court  to  appoint  a  librarian  for  said 

court,  and  fixing  a  salary. 
(Stats.  1893,  132,  ch.  CXV.) 

§  1.  The  justices  of  the  supreme  court  are  hereby  authorized  to  appoint  a 
librarian  for  the  supreme  court  library,  who,  under  their  direction,  shall  con- 
duct its  affairs  and  be  responsible  for  its  care. 

§  2.  The  annual  salary  of  said  librarian  shall  be  twelve  hundred  dollars, 
payable  monthly,  in  the  same  manner  as  the  salaries  of  other  state  officers. 

§  3.     This  act  shall  take  effect  immediately. 

§  4.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

SURETY   COMPANIES. 
See  tits.  Bonds — Required  by  Law;  Official  Bonds. 

SURGERY. 

See  tit.    Medicine,  Practice  of, 

SURVEYORS— LAND,  LICENSE  FOR. 

See  tit.  Land  Surveyors. 

SUSCOL  RANCHO. 

To  quiet  title  to  certain  lands  in  Napa  and  Solano  counties. 
(Stats.  1873-4,  329,  ch.  CCXXVII.) 

§  1,  In  all  cases  in  which  purchases  have  been  made  and  patents  issued 
by  the  United  States  for  lands  embraced  within  any  sixteenth  or  thirty-sixth 
section,  on  what  is  known  as  the  Suscol  Rancho,  in  the  counties  of  Napa  and 


1372     SUSCOL  RANCHO— SUTTER  COUNTY  RECORDS— SUTTER'S  FORT      GUARDIAN. 

Solano,  such  patents  shall  be  deemed  and  held  to  convey  the  legal  title  to  the 
land  so  patented,  notwithstanding  any  adverse  claim  of  this  state  thereto; 
and  the  state  of  California  hereby  relinquishes  to  the  purchasers  named  in 
such  patents,  or  their  heirs  or  assigns,  all  its  right,  title,  and  interest  in  and 
to  the  lands  in  such  patents  described;  provided,  that  this  section  shall  only 
apply  to  and  affect  those  lands  on  said  Suscol  Rancho  for  which  the  state  .has 
heretofore  received,  or  may  hereafter  receive,  other  lands  in  lieu  or  indemnity 
for  the  supposed  loss. 

§  2.  This  act  shall  not  affect  or  impair  any  vested  right  acquired  by  any 
one  to  whom  a  certificate  of  purchase  or  patent  has  been  issued  by  the  proper 
officers  of  this  state,  in  pursuance  of  any  of  its  laws. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

SUTTER  COUNTY. 

See  tits.  Levee  Districts;  Swamp-Land  Districts. 

SUTTER  COUNTY— RECORDS. 

Concerning  the  county  records  of  the  county  of  Sutter. 
(Stats.  1858,  205,  ch.  CCXLIV.) 

§  1.  The  county  recorder  of  Sutter  County  is  hereby  authorized  and  re- 
quired, as  soon  as  the  same  can  be  conveniently  done,  to  transcribe  in  such 
manner,  and  into  such  books  as  are  prescribed  by  section  twelve  of  an  act  en- 
titled ''An  act  concerning  county  recorders,"  passed  March  twenty-sixth, 
eighteen  hundred  and  fifty-one,  the  following  books  of  record  in  his  office, 
namely:  the  book  known  as  "Book  A;"  also,  the  book  known  as  "Book  C." 
He  shall  also  make  indices  to  the  same,  as  required  by  section  fourteen  of  the 
act  concerning  county  recorders,  passed  March  twenty-sixth,  one  thousand 
eight  hundred  and  fifty-one. 

§  2.  Copies  of  any  of  the  records  transcribed  as  provided  in  this  act,  cer- 
tified to  be  a  full,  true,  and  correct  copy,  under  the  hand  and  seal  of  the  re- 
corder, shall  be  legal  evidence,  and  be  received  in  all  the  courts  of  this  state, 
and  shall  have  the  same  force  and  effect  as  the  original  record. 

§  3.  For  services  under  this  act,  the  recorder  shall  receive  pay  out  of  the 
county  treasury  at  the  rate  of  twenty  cents  per  folio  of  one  hundred  words, 
and  he  shall  be  allowed  no  further  compensation  whatever  for  his  services 
under  this  act. 

§  4.  The  original  records  shall  be  carefully  preserved  in  the  office  of  said 
recorder. 

SUTTER'S  FORT— GUARDIAN. 

For  the  appointment  of  a  guardian  for  Sutter's  Fort  property,  prescribing  his 

duties,  and  appropriating  money  therefor. 

(Stats.  1895,  56,  ch.  LIX;  amended  1905,  171,  ch.  CLXXVII.) 

§  1.  The  board  of  Sutter's  Fort  trustees  shall,  within  thirty  days  after  the 
passage  of  this  act,  appoint  a  suitable  person  who  shall  act  as  guardian  of  said 
Sutter's  Fort  property. 


SUTTER'S  FORT— TRUSTEES  OF — APPOINTMENT  AND  APPROPRIATION  FOR.     1373 

§  2.  The  duties  of  said  guardian  shall  be  to  take  charge  of  said  property 
and  protect  the  same  from  injury  and  vandalism,  and  to  perform  such  other 
service  as  said  board  of  trustees  shall  direct.  He  shall  hold  office  at  the  pleasure 
of  the  appointing  power. 

§  3.  The  guardian  shall  receive  for  his  services  sixty  dollars  per  month, 
payable  from  the  state  treasury,  in  the  same  manner  as  other  state  officers 
are  paid.     [Amendment,  Stats.  1905,  171.] 

§  4.  The  sum  of  one  hundred  and  seventy-five  dollars  is  hereby  appropriated 
from  moneys  in  the  state  treasury  not  otherwise  appropriated,  for  the  payment 
of  said  salary  for  the  forty-sixth  fiscal  year. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

See   tit.   Historic  Property. 

SUTTER'S  FORT— TRUSTEES. 

To  provide  for  the  appointment  of  a  board  of  Sutter's  Fort  trustees,  and  for 
the  acquisition  of  the  Sutter's  J'ort  property,  and  providing  for  an  appro- 
priation for  the  preservation,  protection,  and  improvement  of  said  prop- 
erty. 

(Stats.  1891,  25,  ch.  XXXIX.) 

§  1.  The  governor  shall  appoint  five  trustees,  to  be  known  as  the  board  of 
Sutter's  Fort  trustees,  at  least  three  of  whom  shall  be  residents  of  Sacra- 
mento County;  and  he  shall  designate,  at  the  time  of  such  appointment,  their 
respective  terms  of  office,  in  accordance  with  the  following  classification,  viz. : 
three  of  whom  shall  serve  for  two  years,  and  two  of  said  trustees  shall  serve  for 
four  years,  from  the  time  of  their  appointment.  Their  successors  shall  be 
appointed  by  the  governor,  and  shall  hold  their  offices  for  the  term  of  four 
years,  and  until  their  successors  are  appointed  and  qualified.  The  said  trustees 
shall  qualify  by  taking  the  usual  oath  of  office, 

§  2.  The  said  board  of  Sutter's  Fort  trustees  are  hereby  authorized  to  re- 
ceive and  accept  from  the  Sutter's  Fort  committee  of  the  grand  parlor  of  the 
Native  Sons  of  the  Golden  West,  a  corporation,  without  cost  to  the  state,  the 
possession  of  and  the  title  to  the  site  and  grounds  known  as  the  Sutter's  Fort 
property,  and  which  is  particular!}^  described  as  those  two  certain  blocks  of 
land  bounded  by  K  and  L,  Twenty-sixth  and  Twenty-eighth  streets,  in  the  city 
of  Sacramento,  county  of  Sacramento,  state  of  California. 

§  3.  The  said  board  of  Sutter's  Fort  trustees  shall  provide  for  the  preserva- 
tion, protection,  and  improvement  of  the  said  Sutter's  Fort  property,  in  such 
way  and  manner  as  in  their  judgment  may  seem  best  and  proper.  Said  board 
of  trustees  shall  immediately,  upon  their  appointment,  organize  by  the  election 
of  a  presi'^ent,  a  secretary,  and  a  treasurer  from  their  number,  and  which 
officers  shall  serve  without  compensation;  and  the  said  president  and  secretary 
are  hereby  authorized,  when  empowered  by  said  board,  to  do  and  perform  all 
things  pertaining  to  the  duties  of  said  board. 

§  4.  The  sum  of  twenty  thousand  ($20,000)  dollars,  one  half  to  be  expended 
in  the  forty-third  fiscal  year  and  one  half  in  the  forty-fourth  fiscal  year,  is 
hereby  appropriated  out  of  the  general  fund  of  the  state  treasury,  for  the 


1374  SYRUP,    ADULTERATION — TAXATION,    COLLATERAL    INHERITANCE. 

purpose  of  carrying  out  the  provisions  of  section  three  of  this  act.     The  con- 
troller is  hereby  authorized  to  draw  his  warrant  in  favor  of  said  board  for 
the  amount  herein  made  payable,  and  the  treasurer  is  directed  to  pay  the  same. 
§  5.     This  act  shall  take  effect  immediately. 

See  next  preceding  act.     See  also  tit.   Historic  Property. 

SWAMP-LAND    FUND. 
See  tit.   Land  Drained  by  Recession,  Etc. 

SWINE— DISEASED. 

See  tit.  Quarantine. 

SYRUP— ADULTERATION. 

stats.    1877-8,    695,    eh.    CCCOXLIX.  See    Dillon    vs.    Bicknell,    116    Cal.    Ill,    47 

It  is  believed  that  this  statute  is  repealed       Pac.    Rep.    937,   and    cases    there    cited   at   p. 
by  §382,  Penal  Code,  as  amended  19  33,   351.       114. 

TAHOE— LAKE. 

See  tits.   Lake  Bigler;  Lake  Tahoe;  Roads  and  Highways. 

TAXATION— COLLATERAL  INHERITANCE. 

Authorizing  the  bringing  of  actions  on  behalf  of  the  state  for  the  purpose  of 
enforcing  the  lien  or  liens  of  taxes  under  an  act  entitled  "An  act  to  es- 
tablish a  tax  on  collateral  inheritances,  bequests,  and  devises,  to  provide 
for  its  collection,  and  to  direct  the  disposition  of  the  proceeds,"  approved 
March  twenty-third,  eighteen  hundred  and  ninety-three,  and  the  several 
acts  amendatory  thereof;  and  to  authorize  the  bringing  and  prosecution 
of  actions  against  the  state,  for  the  purpose  of  quieting  title  against  claims 
of  liens  made  by  or  upon  behalf  of  the  state  under  the  said  act  and  the 
acts  amendatory  thereof,  and  to  regulate  the  procedure  in  such  actions. 

(Stats.  1905,  374,  ch.  CCCXXV.) 

§  1.  In  all  cases  where  any  tax  has  become  or  shall  hereafter  become  a 
lien  upon  any  property  under  or  by  virtue  of  any  of  the  provisions  of  an  act 
entitled  "An  act  to  establish  a  tax  on  collateral  inheritances,  bequests  and  de- 
vises, to  provide  for  its  collection  and  to  direct  the  disposition  of  the  pro- 
ceeds," approved  March  twenty-third,  eighteen  hundred  and  ninety-three,  and 
the  several  acts  amendatory  thereof,  the  district  attorney  of  the  county  in  which 
the  estate  of  the  decedent  mentioned  in  said  act  and  the  acts  amendatory  there- 
of is  being  administered  or  has  been  administered  in  probate  proceedings,  may, 
whenever  any  property  of  said  estate  has  been  distributed  without  the  pay- 
ment to  the  state  of  all  or  any  part  of  the  taxes  payable  on  account  thereof 
under  said  act  and  the  acts  amendatory  thereof,  bring  and  prosecute  an  action 
or  actions  in  the  name  of  the  state  as  plaintiff,  for  the  purpose  of  enforcing 
such  lien  or  liens  against  all  or  any  of  the  property  subject  thereto.  In  any 
such  action  the  owner  of  any  property  or  of  any  interest  in  property  against 
which  the  lien  of  any  such  tax  is  sought  to  be  enforced,  and  any  predecessor 
in  interest  of  any  such  owner  whose  title  or  interest  was  deraigned  through 


TAXATION — COLLATERAL    INHERITANCE — ACTION    TO   ENFORCE   LIEN.        1375 

any  such  decedent  by  will  or  succession  or  by  decree  of  distribution  of  the 
estate  of  such  decedent,  and  any  lienor  or  encumbrancer  subsequent  to  the 
lien  of  such  tax  may  be  made  a  party  defendant.  The  enumeration  in  this 
section  of  the  persons  who  may  be  made  defendants  shall  not  be  deemed  to  be 
exclusive,  but  the  joinder  or  non-joinder  of  parties,  except  when  otherwise 
herein  provided,  shall  be  governed  by  the  rules  in  equity  in  similar  cases. 

§  2.  Actions  may  be  brought  against  the  state  for  the  purpose  of  quieting 
the  title  to  any  property,  against  the  lien  or  claim  of  lien  of  any  tax  or  taxes 
under  said  act  of  March  twenty-third,  eighteen  hundred  and  ninety-three,  and 
the  several  acts  amendator}^  thereof,  or  for  the  purpose  of  having  it  determined 
that  any  property  is  not  subject  to  any  lien  for  taxes  under  said  act  and  the 
acts  amendatory  thereof.  In  any  such  action,  the  plaintiffs  may  be  any  ad- 
ministrator or  executor  of  the  estate  or  will  of  any  decedent  who  has  died 
since  the  said  act  of  March  twenty-third,  eighteen  hundred  and  ninety-three, 
went  into  effect,  or  who  may  hereafter  die,  whether  the  said  estate  shall  have 
been  fully  administered  and  the  estate  settled  and  closed  or  not,  and  any  heir, 
legatee  or  devisee  of  any  such  decedent,  or  trustee  of  the  estate  or  of  any  part 
of  the  estate  of  such  decedent,  or  distributee  of  the  estate  or  of  any  part  of  the 
estate  of  any  such  decedent,  and  any  assignee,  grantee  or  successor  in  interest 
of  any  of  such  persons,  and  all  or  any  other  persons  who  might  be  made 
parties  defendant  in  any  action  brought  under  the  provisions  of  section  one  of 
this  act,  and  notwithstanding  that  all  or  any  of  the  persons  enumerated  in 
this  section  shall  or  may  have  assigned,  granted,  conveyed  or  otherwise  parted 
with  all  or  any  interest  in  or  title  to  the  property,  or  any  thereof,  involved  in 
any  such  claim  of  lien  before  the  commencement  of  such  action.  All  or  any  of 
the  persons  in  this  action  enumerated  may  be  joined  or  united  as  parties  plain- 
tiff. The  enumeration  in  this  section  of  the  persons  who  may  be  made  parties 
shall  not  be  deemed  to  be  exclusive,  but  the  joinder  or  non-joinder  of  parties, 
except  when  otherwise  herein  provided,  shall  be  governed  by  the  rules 
in  equity  in  similar  cases.  In  all  cases  any  person  who  might  properly  be  a 
party  plaintiff  in  any  such  action  who  refuses  to  join  as  plaintiff  may  be  made 
a  defendant. 

§  3.  All  actions  under  sections  one  and  two  of  this  act  shall  be  commenced 
in  the  superior  court  of  the  county  in  which  is  situated  any  part  of  any  real 
property  against  which  any  lien  is  sought  to  be  enforced,  or  to  which  title  is 
sought  to  be  quieted  against  any  lien,  or  claim  of  lien;  but  if  in  said  action 
no  lien  against  real  property  is  sought  to  be  enforced,  the  action  shall  be 
brought  in  the  superior  court  of  the  county  which  has  or  which  had  jurisdiction 
of  the  administration  of  the  estate  of  the  decedent  mentioned  in  said  sections 
one  and  two. 

§  4.  Service  of  summons  in  the  actions  mentioned  in  section  two  hereof 
shall  be  made  on  the  secretary  of  state  and  on  the  district  attorney  of  the 
county  in  which  the  estate  of  the  decedent  mentioned  in  said  section  is  being 
administered,  or  has  been  administered,  in  probate  proceedings,  and  it  shall 
be  the  duty  of  said  district  attorney  to  defend  all  such  actions. 

§  5.  The  procedure  and  practice  in  all  actions  brought  under  this  act,  except 
as  otherwise  provided  in  this  act,  shall  be  governed  by  the  provisions  of  the 


1376  TAXATION— ACTION  TO   RECO\^R  DELINQUENT— COMPLAINTS    IN. 

Code  of  Civil  Procedure  in  relation  to  civil  actions,  so  far  as  the  same  shall 
or  may  be  applicable,  including  all  provisions  relating  to  motions  for  new 
trials  and  appeals. 

§  6.  The  remedies  provided  in  this  act  shall  be  in  addition  to  and  not  ex- 
clusive of  any  remedies  provided  in  the  said  act  of  March  twenty-third, 
eighteen  hundred  and  ninety-three,  and  the  several  acts  amendatory  thereof. 

See   tit.    Collateral   Inheritance  Tax,   ante. 

TAXATION— COMPLAINT  IN  SUITS. 

Prescribing  the  form  of  complaint  in  actions  to  recover  delinquent  taxes,  and 
to  authorize  the  bringing  of  suits  therefor. 

(Stats.  1880,  136,  ch.  CXXIII.) 

§  1.  In  any  action  that  may  be  hereafter  commenced  in  any  county,  or  city 
and  county,  in  this  state,  for  the  collection  of  delinquent  taxes  for  any  fiscal 
year,  the  complaint  may  be  in  the  following  form,  and  shall  be  legally  suffi- 
cient, and  on  the  trial  thereof  the  duplicate  assessment  roll  for  any  said  fiscal 
year,  of  said  county,  or  city  or  county,  or  a  copy  of  any  entry  therein  duly  cer- 
tified, showing  unpaid  taxes  against  the  defendant,  or  in  cases  where  the  de- 
fendant is  sued  in  a  representative  capacity  against  any  person  or  estate  he 
represents,  shall  be  prima  facie  evidence  of  the  plaintiff's  right  to  recover: 

(Title  of  court.)      (Name  of  plaintiff)   vs.   (name  of  defendant.)     Plaintiff 

avers  that  defendant  is  indebted  to  plaintiff  in  the  sum  of  $ (naming  the 

amount  for  county,  or  city  and  county),  [for]  taxes,  with  five  per  centum  penalty 
added  thereto  for  the  non-payment  thereof,  and  interest  thereon  at  the  rate 
of  two  per  centum  per  month  from  the  (date),  and  fifty  cents  costs  of  ad- 
vertising.   Plaintiff  further  avers  that  defendant  is  indebted  to  plaintiff  in  the 

further  sum  of  $ (naming  amount),  for  state  taxes,  with  five  per  centum 

penalty  added  thereto  for  the  non-payment  thereof,  and  interest  thereon  at  the 
rate  of  two  per  centum  per  month  from  (date),  and  fifty  cents  costs  of  adver- 
tising, which  said  taxes  were  duly  assessed  and  levied  upon  (the  real  or  per- 
sonal) property  of  said  defendant,  to  wit:  (describing  property  as  assessed), 
for  the  fiscal  year  (naming  the  year).  "Wherefore,  plaintiff  prays  judgment 
against  said  defendant,  for  said  several  sums,  with  interest  and  penalty  as 
aforesaid,  and  costs  of  suit. 

(Signature  of  attorney.) 

And  in  any  case  where  the  defendant  is  sued  in  a  representative  capacity, 
such  other  further  or  additional  allegations  as  may  be  necessary  to  charge  him 
in  such  capacity;  and  it  is  further  provided,  that  any  county,  or  city  and 
county,  where  such  taxes  are  delinquent,  may  sue  in  its  own  name  for  the  re- 
covery of  delinquent  taxes,  whether  the  same  be  for  county,  or  city  and  county, 
and  state  purposes,  or  taxes,  or  either  of  them. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

It  Is  held  in  San  Diego  vs.  Southern  Pac.  In    San    Bernardino    vs.    Southern    Pac.    R. 

R.   Co.,    108   Cal.    46.    40   Pac.   Rep.    1052,   that  Co.,  137  Cal.   659,   660,   661,   70  Pac.  Rep.   782. 

the  foregoing  act  is  repealed  by  §  3670,  Pol.  it  is  said  that  the  act  is  wholly  inconsistent 

Code,  as  amended  in  1883,   so  far  as  relates  with   the   Political   Code   as   to   collection   of 

to  actions   against  railroads  by  counties   or  taxes  upon  railroad  property. 

cities    and    counties.  The    form    prescribed    for    the    complaint 


TAXATION— COMMISSIONS    AND    FEES    FOR    COLLECTION    OF.  1377 

may  be  sufficient  in  other  actions,  where  a  34  Id.  329;   (statute  of  limitations)  Clark  vs. 

municipality  is  authorized  to  bring  actions.  City    of    San    Diego,    144    Cal.    361,    77    Pac. 

But    see   also   Los   Angeles   County    vs.    Bal-  Rep.   973;   and  Henry  vs.  Garden   City  Bank 

lerino,    S9    Cal.    593,    595,    32    Pac.    Rep.    581,  &  T.  Co.,  145  Cal.  54,  60,  78  Pac.  Rep.  228. 

TAXATION— FEES  FOR  COLLECTING. 

To  abolish  commissions  or  fees  paid  by  the  state  for  the  assessment,  equaliza- 
tion, auditing,  and  collection  of  ad  valorem  taxes. 

(Stats.  1893,  5,  eh.  VIII.) 

§  1.  All  commissions  or  fees  paid  by  the  state  to  the  officers  of  any  county, 
or  city  and  county,  for  services  rendered  in  the  assessment,  equalization,  audit- 
ing, and  collection  of  ad  valorem  taxes,  are  hereby  abolished;  provided,  that 
this  shall  not  affect  the  commissions  paid  to  the  assessor  of  the  several  counties 
for  services  rendered  in  the  collection  of  personal  property  taxes,  as  provided 
by  chapter  eight  of  the  Political  Code,  or  the  mileage  allowed  to  the  treasurer 
of  the  several  counties,  or  cities  and  counties,  in  making  settlements  with  the 
state,  as  provided  by  section  three  thousand  eight  hundred  and  seventy-six  of 
the  Political  Code. 

§  2.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.  This  act  shall  take  effect  from  and  after  the  first  Monday  in  May, 
eighteen  hundred  and  ninety-three. 

In  County  Yolo  vs.  Colgan,  132  Cal.  265,  force  (decision  March  19,  1901).  In  the 
267,  84  Am.  St.  Rep.  41,  64  Pac.  Rep.  403,  mean  time  the  legislature  passed  the  next 
the  above  enactment  was  held  valid  and  in        four  following  statutes. 

TAXATION— FEES  FOR  COLLECTING. 

Authorizing  the  payment  of  compensation  or  commission  to  persons  employed 
by  the  state  controller  and  attorney-general,  or  by  boards  of  supervisors 
of  the  different  counties,  to  collect  delinquent  state  and  county  taxes,  and 
legalizing  all  payments  made  for  that  purpose. 

(Stats.  1895,  94,  ch.  CV.) 

§  1.  That  all  sums  heretofore  paid  by  the  state  to  any  person  for  compensa- 
tion or  commission  to  persons  for  collecting  delinquent  state  and  county  taxes 
in  pursuance  of  an  agreement  by  such  persons  with  the  state  controller  and 
attorney-general  for  such  collections,  and  all  sums  heretofore  paid  by  any  board 
of  supervisors  out  of  the  county  treasury  as  compensation  or  commissions  for 
collecting  such  delinquent  taxes  in  pursuance  of  an  agreement  by  such  per- 
sons with  such  boards  of  supervisors,  are  hereby  approved  and  legalized. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

TAXATION— FEES  FOR   COLLECTING. 

To  prevent  the  maintenance  against  the  state  or  any  officer  thereof  by  any 
county  or  county  officer,  of  pny  action  or  proceeding  for  the  collection 
or  recovery  of  any  money  alleged  to  be  due  such  county  or  any  officer 
thereof  for  services  rendered  in  the  assessment,  equalization,  auditing, 
and  collection  of  ad  valorem  taxes. 

(Stats.  1899,  9,  ch.  XI.) 

Gen.  Laws — bl 


1378  TAXATIOIV— FEES     FOR     COLLECTING— LICE/XSE— CORPORATIONS. 

§  1,  No  action  or  proceeding  shall  hereafter  be  maintained  by  any  county 
or  county  officer  against  the  state  or  any  state  officer  for  the  collection  or 
recovery  of  any  money  alleged  to  be  due  such  county  or  any  officer  thereof 
for  services  rendered  in  the  assessment,  equalization,  auditing,  and  collection 
of  ad  valorem  taxes,  and  all  such  actions  and  proceedings  heretofore  com- 
menced and  now  pending,  and  all  such  actions  or  proceedings  that  may  here- 
after be  instituted,  shall  be  dismissed  by  the  court  in  which  the  same  may  be 
pending  upon  its  own  motion. 

§  2.  Nothing  in  this  act  shall  be  held  to  affect  the  commissions  paid  to 
the  assessor  of  the  several  counties  for  services  rendered  in  the  collection  of 
personal  property  taxes,  or  the  mileage  allowed  to  the  treasurer  of  the  several 
counties  or  cities  and  counties  in  making  settlements  with  the  state. 

§  3.  All  acts  or  parts  of  acts  in  conflict  with  any  of  the  provisions  of  this 
act  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  last  two  preceding  statutes  and  note. 

TAXATION— FEES    FOR    COLLECTING. 

Prohibiting  the  payment  of  money  by  the  state  to  counties  and  cities  and 

counties  for  the  collection  of  taxes. 

(Stats.  1899,  56,  ch.  XLVII.) 

§  1.  No  money  shall  be  paid  by  the  state  to  any  county  or  city  and  count}' 
of  the  state  on  account  of  any  claim  based  upon  the  collection  of  taxes  here- 
tofore made  by  any  county  or  city  and  county  of  the  state  or  the  officers 
thereof. 

§  2.     This  act  shall  take  effect  immediately. 

TAXATION— FEES  FOR  COLLECTING. 

To  abolish  commissions  or  fees  paid  by  the  state  for  the  assessment,  equaliza- 
tion, auditing,  and  collection  of  ad  valorem  taxes. 
(Stats.  1899,  102,  ch.  LXXXVI.) 

§  1.  All  commissions  or  fees  paid  by  the  state  to  the  officers  of  any  county, 
or  city  and  county,  for  services  rendered  in  the  assessment,  equalization,  audit- 
ing, and  collection  of  ad  valorem  taxes,  are  hereby  abolished;  provided,  that 
this  shall  not  affect  the  commissions  paid  to  the  assessor  of  the  several  coun- 
ties for  services  rendered  in  the  collection  of  personal  property  taxes,  as 
provided  by  chapter  eight  of  the  Political  Code,  or  the  mileage  allowed  to 
the  treasurer  of  the  several  counties,  or  cities  and  counties,  in  making  settle- 
ments with  the  state,  as  provided  by  section  three  thousand  eight  hundred 
and  seventy-six  of  the  Political  Code. 

§  2.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.     This  act  shall  take  eft'ect  from  and  after  its  pas.sage. 

TAXATION— LICENSE— CORPORATIONS. 

Relating  to  revenue  and  taxation,  providing  for  a  license  tax  upon  corporations, 
and  making  an  appropriation  for  the  purpose  of  carrying  out  the  objects 
of  this  act.  ^g^^^^^  ^g^^^  ^gg^  ^^^   CCCLXXXVL) 


TAXATION— CORPORATIONS — LICENSE— DUTY   OF   SECRETARY   OF   STATE.      1379 

§  1.  No  corporation  heretofore  or  hereafter  incorporated  under  the  laws  of 
this  state,  or  any  other  state,  shall  do  or  attempt  to  do  any  business  by  virtue  of 
its  charter  or  certificate  of  incorporation,  in  this  state,  without  a  state  license 
therefor. 

§  2.  Upon  every  corporation  which  has  heretofore  obtained  or  which  shall 
hereafter  obtain  a  charter  or  certificate  of  incorporation  from  this  state,  or  any 
foreign  corporation  heretofore  or  hereafter  incorporated  and  doing  business  in 
this  state,  there  shall  be  an  annual  license  tax  of  ten  dollars,  to  be  paid  between, 
the  first  Monday  in  July  and  the  first  Monday  in  August  of  each  year,  to  the 
secretary  of  state,  who  shall  pay  the  same  into  the  state  treasury,  to  be  paid 
into  the  general  fund  of  the  state. 

§  3.  Any  corporation  formed  under  the  laws  of  this  state  which  shall  fail 
to  pay  the  tax  provided  for  in  the  last  two  sections,  shall,  because  of  such  failure, 
forfeit  its  charter  to  the  state,  and  any  foreign  corporation  w^hich  shall  fail  to 
pay  the  tax  provided  for  in  the  last  two  sections,  shall,  because  of  such  failure, 
forfeit  the  right  to  do  busijiess  in  this  state. 

§  4.  It  shall  be  the  duty  of  the  secretary  of  state  on  the  first  Monday  of 
October  in  each  year  to  report  to  the  governor  a  list  of  all  the  corporations  which 
have  failed,  neglected  or  refused  to  pay  the  said  license  tax,  and  the  governor 
shall  forthwith  issue  his  proclamation,  declaring  under  this  act  of  the  legisla- 
ture, that  the  charters  of  domestic  corporations  will  be  forfeited,  and  the  right 
of  foreign  corporations  to  do  business  in  this  state  will  be  forfeited  unless  pay- 
ment of  said  license  tax  is  made  as  above  required  within  sixty  days  from  date 
of  said  proclamation,  together  with  a  penalty  of  five  dollars  in  addition  thereto. 

§  5.  Said  proclamation  on  the  day  of  its  date  shall  be  filed  in  the  office  of 
the  secretary  of  state,  and  within  five  days  thereafter  said  secretary  of  state  shall 
transmit  a  certified  copy  of  said  proclamation  to  the  county  clerk  of  each  county 
in  this  state,  w'ho  shall  file  the  same  in  his  office.  Said  secretary  of  state  shall 
also  within  five  days  from  the  date  of  said  proclamation,  cause  a  copy  thereof 
to  be  published  in  one  issue  of  two  daily  newspapers,  to  be  selected  by  the 
governor. 

§  6.  At  the  expiration  of  said  sixty  days  from  the  date  of  said  proclamation, 
the  charters  of  all  domestic  corporations  who  have  not  complied  with  the  pro- 
visions of  this  act  and  paid  said  tax,  shall  be  forfeited  to  the  state  of  California, 
and  all  foreign  corporations  who  have  not  complied  with  the  provisions  of  this 
act  and  paid  said  tax,  shall  forfeit  the  right  to  do  business  in  this  state. 

§  7.  Nothing  in  this  chapter  shall  be  construed  as  imposing  a  license  tax  on 
educational,  religious,  scientific,  charitable,  or  any  corporation  which  is  not 
organized  for  pecuniary  profit. 

§  8.  Within  six  months  after  the  date  of  said  governor's  proclamation,  the 
secretary  of  state  shall  compile  a  statement  of  the  domestic  corporations  whose 
charters  have  been  so  forfeited,  and  of  the  foreign  corporations  whose  right  to 
do  business  in  this  state  has  been  forfeited,  and  he  shall  furnish  a  certified  copy 
thereof  to  each  county  clerk  in  this  state,  who  shall  file  the  same  in  his  office. 

§  9.  Any  person  or  persons  who  shall  exercise  any  powers  under  the  charter 
of  any  such  corporation  after  the  same  shall  become  forfeited  to  the  state,  and 


1380  TAXATION— MIGKATORY     STOCK— ASSESSMENT     OF     ANIDIALS. 

any  person  or  persons  who  shall  exercise  any  powers  of  a  foreign  corporation 
which  shall  have  forfeited  its  right  to  do  business  in  this  state,  shall  be  guilty 
of  a  misdemeanor. 

§  10.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated  the  sum  of  twenty-seven  thousand  ($27,000)  dollars, 
for  the  purpose  of  carrying,  out  the  objects  of  this  act,  to  be  used  by  the  secretary 
of  state  in  the  employment  of  a  license  superintendent  and  cashier ;  one  perma- 
nent clerk ;  such  other  clerks  from  time  to  time  as  may  be  necessary ;  for  the  pur- 
chase of  the  necessary  desks,  furniture,  stationery,  books,  postage,  and  for  the 
necessary  printing,  ruling,  binding  and  materials  furnished  by  the  state  printing 
office,  and  for  all  other  necessary  incidental  expenses,  to  be  used  and  expended 
during  the  balance  of  the  fifty-sixth,  and  during  the  fifty-seventh,  and  fifty- 
eighth,  fiscal  years,  and  the  state  controller  is  hereby  directed  to  drawhis  warrant 
for  any  claim  against  said  amount,  the  same  having  been  approved  by  the  state 
board  of  examiners,  and  the  treasurer  is  hereby  directed  to  pay  the  same. 

§  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

TAXATION— MIGRATORY  STOCK. 

Concerning  the  assessment  of  animals. 
(Stats.  1871-2,  754,  eh.  DXI.) 

§  1.  Whenever  any  person  residing  in  any  county  of  the  state,  and  own- 
ing any  neat  cattle,  horses,  mules,  sheep,  or  goats  therein,  shall  drive  the 
same  from  the  county  where  he  resides  into  any  other  county,  for  the  purpose 
of  temporarily  pasturing  the  same,  all  such  animals  shall  be  assessed  in  and 
for  the  county  where  such  owner  resides,  although  the  said  animals  shall  not 
be  at  the  time  of  said  assessment  in  said  county  in  which  he  may  so  perma- 
nently reside;  and  such  owner  shall  include  such  animals  in  his  assessment 
list,  and  the  assessor  of  the  county  where  such  stock  are  so  temporarily  grazed 
shall  list  the  same,  with  a  full  description  of  each  kind  and  the  number  of  the 
same ;  and  for  the  purpose  of  making  such  list,  the  assessor  shall  have  power, 
and  it  is  hereby  made  his  duty,  to  examine  on  oath  the  person  or  persons 
owning  or  having  charge  of  such  cattle,  horses,  mules,  sheep,  or  goats  touch- 
ing their  number,  ownership,  and  to  whom  and  in  what  county,  if  any,  they 
have  been  assessed  for  taxation.  The  list  made  out  as  aforesaid  by  the 
assessor,  together  with  a  full  statement  of  the  same,  shall  be  signed  and  sworn 
to  by  the  person  or  persons  owning  or  having  in  charge  such  stock. 

§  2.  The  assessor  shall  file  a  copy  of  said  list  of  such  stock  with  the  county 
treasurer  of  his  county,  and  another  copy  with  the  treasurer  of  the  county  in 
which  the  said  stock  was  first  listed  and  assessed  for  taxation.  Upon  filing 
the  lists  aforesaid,  with  the  sworn  statement  therein  that  the  stock  specified 
in  said  lists  has  been  pastured  or  used  in  the  county  mentioned  therein  during 
the  grazing  season,  with  the  treasurer  of  the  county  in  w^hieh  it  was  assessed 
for  taxation,  said  treasurer  shall  pay,  on  the  order  of  the  treasurer  of  the 
county  in  which  the  stock  was  so  pastured  or  used,  one  half  of  the  amount 
of  taxes  paid  in  on  the  said  stock,  less  the  cost  of  collection. 

§  3.  All  acts  or  parts  of  acts  in  conflict  with  this  act,  so  far  as  they  are  in 
conflict  with  this  act,  are  hereby  repealed. 


TAXATION— POLITICAL,    CODE— SAN    FRANCISCO— EASEMENTS.  1381 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

See    Rosasco    vs.    County    Tuolumne,    143  the  above  cited  case.     But  this  later  statute 

Cal.   430,  432,   77  Pac.  Rep.  148.  was  held  unconstitutional  in  People  ex  rel. 

It  does  not  appear  that  the  statute  1873-4,  Murphy    vs.    Shippee,    McKee    &   Co.,    53    Cal. 

376,   ch.    CCLXXIII,    upon   the   same   subject,  675,    676;   and   People   vs.   Townsend,   56   Cal. 

■was  called  to  the  attention  of  the  court  in  633,    634. 

TAXATION— POLITICAl!.  CODE— SAN  FRANCISCO. 

To  repeal  an  act  of  the  legislature  of  the  state  of  California,  entitled  "An  act 
in  relation  to  the  assessment  and  collection  of  taxes  upon  personal  property 
in  the  city  and  county  of  San  Francisco,"  approved  March  18,  1874,  and 
requiring  all  counties  and  cities  and  counties  of  this  state  to  conform  to  the 
requirements  of  the  provisions  of  the  Political  Code  in  relation  to  the  assess- 
ment, equalization,  levy,  and  collection  of  taxes  for  revenue  purposes. 

(Stats.  1895,  308,  ch.  CCXVII.) 

§  1.  An  act  entitled  ' '  An  act  in  relation  to  the  assessment  and  collection 
of  taxes  upon  personal  property  in  the  city  and  county  of  San  Francisco,"  ap- 
proved March  eighteenth,  eighteen  hundred  and  seventy-four,  is  hereby  repealed. 

§  2.  All  counties  and  cities  and  counties  of  this  state  are  hereby  required 
to  conform  to  the  provisions  of  the  Political  Code  in  relation  to  the  assessment, 
equalization,  levy  and  collection  of  taxes  on  real  and  personal  property  for  reve- 
nue purposes,  and  all  laws  now  in  force  in  relation  to  revenue  are  hereby  made 
applicable  to  all  such  counties  and  cities  and  counties. 

§  3.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 

See    Unconstitutional    Statutes,    KERR'S    CIC.    POL.    CODE    §§3627-3831. 

TAXATION— REASSESSMENT. 

In  relation  to  reassessment  of  property,  the  equalization  of  the  same,  and  the 
collection  of  taxes  thereon,  in  cases  where  a  former  assessment  made  since 
eighteen  hundred  and  seventy-nine  is  illegal  or  invalid,  or  where  the  pro- 
ceedings for  the  collection  of  such  taxes  have  been  ineffectual  by  reason  of 
error,  irregularity,  or  invalidity,  and  such  taxes  have  not  been  paid. 

(Stats.  1893,  290,  ch.  CCVII.) 

§  1.  Every  assessment  of  property  made  after  the  year  eighteen  hundred 
and  seventy-nine  which  is  invalid,  or  may  hereafter  be  adjudged  to  be, 
by  reason  of  any  illegality,  invalidity,  or  irregularity  declared  or  existing,  in 
the  assessment  of  such  property,  or  in  the  mode  provided  for  the  assessment 
thereof,  shall  be  remade,  and  the  property  reassessed  and  equalized  for  each 
year  for  which  such  assessment  is  invalid  as  aforesaid,  and  for  the  year  for 
which  the  assessment  of  such  property  was  invalid  as  aforesaid,  and  such  reas- 
sessment and  equalization  shall  be  made  by  the  same  officers  and  boards  at  the 
same  time  or  times,  as  are  now  prescribed  by  law  for  the  assessment  and  equaliza- 
tion of  property,  of  the  same  classes  or  kinds  as  the  property  which  hereby  is 
required  to  be  reassessed.  The  a-ssessment  and  equalized  assessment  of  such 
property  shall  be  entered  on  the  several  assessment  rolls  or  books  in  the  same 


i3Sa  TAXATION— EASEMENTS— SUITS    TO    COLLECT    TAXES. 

manner  tliat  assessments  of  such  property  are  or  were  required  by  law  to  be 
entered  for  the  year  or  years  during  which  such  reassessments  shall  be  made. 
And  there  is  hereby  levied  for  state  purposes  the  same  rates  of  taxation  for  each 
of  such  respective  years  as  were  heretofore  levied  upon  such  property  for  each 
of  said  years  for  said  state  purposes. 

§  2.  All  taxes  for  counties,  cities  and  counties,  and  other  taxing  districts, 
shall  be  levied  by  the  proper  board  or  boards  upon  the  property  mentioned  in 
the  first  section  of  this  act,  at  the  same  rates  for  each  respective  year  as  were 
levied  upon  property  for  each  of  said  years  after  the  year  eighteen  hundred  and 
seventy-nine. 

§  3.  All  property  authorized  to  be  reassessed  by  this  act  shall  be  reassessed 
and  equalized  by  the  proper  officers  and  boards  at  the  value  to  which  and  to 
the  person  or  corporation  to  whom  or  to  which  such  property  ought,  for  each 
of  such  years,  to  have  been  assessed,  under  such  rules  of  notice  and  at  the 
times  and  in  the  modes  as  are  prescribed  for  the  assessment  and  equalization  of 
like  classes  of  property;  and  the  assessment  and  equalization  thereof,  and  the 
levy  and  collection  of  taxes  thereunder,  shall  be  made  by  the  proper  officers  at 
the  time,  upon  like  notice  and  in  the  manner  now  or  hereafter  provided  by  law 
for  making  asse.«sments  and  equalizing  the  same  and  for  the  levy  and  collection 
of  taxes  on  like  classes  of  property ;  and  if  the  taxes  so  relevied  shall  become  de- 
linquent, there  shall  be  added  thereto  and  the  amount  thereof  the  same  percentage 
as  a  penalty  for  such  delinquency,  as  is  added  to  other  delinquent  taxes  on  like 
classes  of  property,  and  such  delinquent  taxes  and  penalties  added  thereto  shall 
be  collected  by  the  proper  officers  in  the  manner  now  or  hereafter  provided  by 
law  for  the  collection  of  delinquent  taxes  and  penalties  upon  like  classes  of 
property;  the  collectors  of  such  taxes  to  allow  as  credits  thereon  all  payments 
heretofore  made  on  the  tax  as  first  levied. 

§  4.  There  shall  be  no  limitation  or  limitations  as  to  the  time  in  which  actions 
for  the  collections  of  taxes  levied  under  this  act  may  be  commenced,  and  all  the 
provisions  of  law  now  or  hereafter  provided  in  respect  to  assessments,  equaliza- 
tion, levy,  and  collection  of  taxes  shall,  where  applicable,  apply  to  reassessments, 
equalization,  and  relevies  and  collections  of  taxes  made  under  the  provisions 
of  this  act. 

§  5.  This  act  shall  apply  to  taxes  for  revenue  only,  and  not  to  assessments 
for  local  improvements  or  street  purposes. 

§  6.     This  act  shall  take  effect  and  be  in  force  on  and  after  its  passage. 

Colusa  County  vs.  Glenn  County,  117  Cal.       Hep.   477;  San  Diego  vs.  Riverside,  125  Cal. 
434,    440,    49    Pac.    Rep.    457;    County    Colusa        495,    498,    58    Pac.    Rep.    81. 
vs.  County  Glenn,  124  Cal.  498,  500,  57  Pac. 

TAXATION— SUITS    TO    COLLECT. 

Authorizing  and  providing  for  suits  for  the  collection  of  delinquent  taxes 

due  upon  personal  property. 

(Stats.  1903,  130,  ch.  CXIX.) 

§  1.  Each  county  and  city  and  county  may  sue  in  its  owm  name  for  the 
recovery  of  any  and  all  moneys  due  or  hereafter  to  become  due  as  delinquent 
taxes  upon  any  and  all  personal  property,  where  no  real  property  is  assessed 


TAXATION— SUITS    TO    COLLECT — SYSTEM    OF    TAXATION.  1383 

as  security  for  the  paj^iiient  of  such  personal  propert}^  taxes,  or  where,  in  the 
judgment  of  the  board  of  supervisors,  there  is  not  sufficient  real  property 
assessed  to  secure  the  payment  of  such  personal  property  taxes,  whether  the 
same  be  for  county  or  city  and  county,  and  state  purposes,  or  either  of  them, 
and  for  all  penalties  due  upon  said  taxes  for  non-payment  thereof. 

§  2.  On  the  trial  of  any  such  suit  the  assessment  roll  of  said  county  or 
city  and  county,  or  a  copy  of  any  entry  therein  duly  certified,  showing  unpaid 
taxes  against  the  defendant,  or,  in  cases  where  the  defendant  is  sued  in  a 
representative  capacity,  against  any  person  or  estate  he  represents,  shall  be 
prima  facie  evidence  of  the  plaintiff's  right  to  recover. 

§  3.  All  actions  now  pending  for  the  collection  of  such  taxes  may  be  carried 
on  and  prosecuted  under  the  provisions  and.  in  accordance  v»^ith  this  act. 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed, 
but  the  method  of  collecting  such  taxes  herein  provided  shall  not  be  deemed 
to  be  the  exclusive  method,  nor  shall  the  provisions  of  this  act  in  any  manner 
abrogate  or  modify  the  provisions  of  sections  three  thousand  eight  hundred 
and  thirty-one  or  three  thousand  eight  hundred  and  ninety-nine  of  the  Po- 
litical Code  of  the  state  of  California. 

§  5.  This  act  shall  take  effect  and  be  in  force  immediately  from  and  after 
its  passage. 

Under    former    statutes    for    coUection    of       601;  Harper  vs.  Rowe.  53  Cal.  233,  236;  Peo- 
delinquent    taxes    by    suit    and    recovery    of       pie    vs.    Latham,    53    Cal.    3S6. 
costs,    see   People   vs.   Latham,    52    Cal.    598, 

TAXATION— SYSTEM  OF. 

Authorizing  the  governor  to  appoint  an  expert  in  taxation  and  public  finance, 
to  sit  as  a  member  of  a  commission  to  be  composed  of  himself  and  a  gen- 
eral committee  of  the  senate  and  assembly  of  the  thirty-sixth  session  of 
the  legislature  of  the  state  of  California,  of  which  commission  the  gov- 
ernor shall  be  ex  officio  a  member  and  chairman,  to  investigate  the  system 
of  revenue  and  taxation  in  force  in  this  state,  and  to  recommend  a  plan 
for  the  revision  and  reform  thereof;  to  provide  for  the  creation  of  said 
commission,  and  to  define  its  powers,  and  making  an  appropriation  there- 

^°^'  (Stats.  1905,  390,  ch.  CCCXXXIV.) 

§  1.  If  and  when  the  senate  and  assembly  of  the  thirty-sixth  session  of  the 
legislature  of  the  state  of  California  shall  provide  for  the  appointment,  and 
there  shall  be  appointed  pursuant  to  said  provision,  a  joint  committee  of  said 
senate  and  assembly  to  investigate  the  system  of  revenue  and  taxation  in  force 
in  this  state,  and  to  recommend  a  plan  for  the  revision  and  reform  thereof, 
the  governor  is  authorized  to  appoint  an  expert  in  taxation  and  public  finance, 
to  sit  with  said  committee,  and  with  said  committee  to  constitute  a  commission 
upon  the  revision  and  reform  of  the  system  of  revenue  and  taxation  in  force 
in  this  state.  The  governor  shall  be  ex  officio  a  member  of  said  commission 
and  shall  be  chairman  thereof. 

§  2.     Said  expert  shall  hold  his  office  at  the  pleasure  of  the  governor. 

§  3.  The  compensation  of  said  expert  shall  be  fixed  bj^  the  said  commission 
in  an  amount  not  to  exceed  two  hundred  and  fifty  dollars  per  month. 


1384  TAXATION,    SYSTEM     OF— VALIDATING    CERTIFICATES. 

§  4.  Said  commission  is  authorized  and  empowered  to  do  any  and  all  things 
necessary  to  make  a  full  and  complete  investigation  of  the  matters  and  things 
hereinabove  enumerated,  and  to  that  end  to  employ  all  necessary  clerical  and 
expert  assistance,  and  that  said  commission  be  and  it  hereby  is  authorized 
and  empowered  to  send  for  persons  and  papers,  and  to  take  all  necessary 
means  to  procure  the  attendance  of  witnesses  and  testimony ;  and  the  members 
of  said  commission  are,  and  each  of  them  is,  hereby  authorized  to  administer 
oaths ;  and  that  all  the  provisions  of  article  eight,  of  chapter  two,  title  one,  part 
three,  of  the  Political  Code  of  this  state,  relative  to  the  "attendance  and  ex- 
amination of  witnesses  before  the  legislature  and  committees  thereof,",  shall 
apply  to  the  commission;  and  that  the  sergeant-at-arms  of  either  the  senate 
or  the  assembly  is  hereby  authorized  and  directed  to  serve  [any]  and  all  sub- 
poenas and  orders  or  other  process  that  may  be  issued  by  the  chairman  of  said 
commission,  when  directed  to  do  so  by  the  said  chairman. 

§  5.  The  members  of  said  commission,  other  than  the  chairman  and  the 
member  appointed  by  the  governor,  shall  be  paid  the  sum  of  ten  dollars  ($10) 
per  diem  and  their  necessary  expenses,  while  actually  engaged  in  the  perform- 
ance of  their  duties  as  prescribed  in  this  act. 

§  6.  There  is  hereby  appropriated  out  of  the  general  fund,  not  otherwise 
appropriated,  the  sura  of  ten  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  for  the  purposes  of  this  act. 

§  7.     This  act  shall  take  effect  immediately. 

TAXATION— VALIDATING  CERTIFICATES. 

To  confirm,  validate  and  legalize  certificates  of  tax  sales  and  tax  deeds  executed 
to  the  state  of  California  for  property  sold  and  deeded  thereto  for  non- 
payment of  taxes. 

(Stats.  1903,  63,  ch.  LIX.) 

§  1.  That  all  certificates  of  tax  sales  and  tax  deeds  made  to  this  state  by 
the  county  tax  collector,  which  certificates  and  deeds  are  based  upon  the  sale 
of  property  for  non-payment  of  taxes,  and  which  certificates  and  deeds  fail 
to  recite  the  correct  date,  or  any  date,  when  the  right  of  redemption  will 
expire,  or  had  expired,  or  which  certificates  recite  an  incorrect  date  when  the 
sj:ate  would  be  entitled  to  a  deed,  be  and  they  are  hereby  confirmed,  validated, 
and  legalized,  and  the  same  shall  be  construed  and  operate  at  all  times  and 
upon  all  occasions  in  law  in  the  same  manner  as  if  such  matters  and  things 
required  by  law  had  been  recited  therein  and  performed  in  the  first  instance ; 
provided,  that  in  all  cases  five  years  shall  have  elapsed  betw^een  the  date 
of  sale  of  the  property  to  the  state  for  non-payment  of  taxes  and  the  date  of 
the  execution  of  such  deed. 

§  2.     This  act  shall  take  effect  immediately. 

TAXATION. 

See    tits.    Collateral   Inheritance;    Legal    Tender;    License    Tax;    Municipal 

Corporations. 

TEHAMA    COUNTY. 

Authorizing  the  transcribing  of  records  of. 

See   Stats.   1859,    151. 


TELEGRAPHIC    MESSAGES— COMMUNICATION    WITH    ASIA.  1385 

TELEGRAPH  LINES. 

See  tit.  Franchises. 

TELEGRAPH    MESSAGES. 

For  the  regulation  of  the  telegraph,  and  to  secure  secrecy  and  fidelity  in  the 

transmission  of  telegraphic  messages. 

(Stats.  1862,  288,  ch.  CCLXII;  amended  1863-4,  232,  ch.  CCXXXIII.) 

The  above-mentioned  statute  has  been  §200;  §§12,  17,  18,  in  Code  Civ.  Proc.  §1017; 
codified  substantially  as  follows:  §1,  in  §16,  in  Penal  Code  §§850,  851. 
Penal  Code  §619;  §2,  in  Penal  Code  §474;  §§11,  14,  15,  relating-  to  contracts,  checks, 
§3,  in  Penal  Code  §639;  §4,  in  Penal  Code  due  bills,  notes,  etc.,  are  believed  to  be  gov- 
§638,  Civil  Code  §§2161,  2162,  2209;  §5.  in  erned  by  the  general  provisions  of  the  Civil 
Penal  Code  §§621,  639,  640;  §§6,  7,  in  Penal  Code  relating-  to  contracts  and  by  the  gen- 
Code  §641;  §8,  in  Penal  Code  §§591,  600,  eral  rules  of  evidence  in  the  Code  of  Civil 
Civil    Code    §537;    §10,    in    Code    Civ.    Proc.  Procedure. 

TELEGRAPHIC  COMMUNICATION  WITH  ASIA. 

To  facilitate  telegraphic   communication  between  America   and  Asia. 
(Stats.  1871-2,  97,  ch.  CIV.) 

§  1.  Cyrus  W.  Field,  Peter  Cooper,  Moses  Taylor,  Marshall  0.  Roberts, 
Wilson  G.  Hunt,  Samuel  F.  B.  Morse,  Dudley  Field,  William  H.  Webb,  all  of 
the  state  of  New  York,  and  Darius  Ogden  Mills,  of  the  state  of  California, 
and  all  other  persons  who  shall  or  may  be  associated  with  them  or  their  suc- 
cessors, are  hereby  authorized  and  empowered  to  lay,  construct,  land,  main- 
tain, and  operate  one  or  more  telegraphic  or  magnetic  lines  or  cables  in  and 
over  the  waters,  reefs,  islands,  shores,  and  lands  over  which  the  state  of  Cali- 
fornia has  jurisdiction,  from  the  shores  of  the  state  of  California  to  Japan 
and  the  Empire  of  China,  either  direct  or  by  way  of  the  Hawaiian  Islands, 
or  other  island  or  islands  of  the  Pacific  Ocean,  by  the  most  practicable  and 
eligible  route.  And  the  said  parties  above  mentioned,  and  all  other  persons 
who  shall  or  may  be  associated  with  them  and  their  successors,  are  hereby 
vested  with  all  the  powers,  privileges,  and  immunities  necessary  to  carry  into 
effect  the  purposes  of  this  act  as  herein  set  forth,  and,  among  others,  the  right 
of  way  through  and  over  the  waters  and  lands  over  which  the  state  of  Cali- 
fornia has  jurisdiction.  , 

§  2.     This  act  shall  take  effect  immediately. 

Special    privileges    are    granted    for    tele-  ch.     CCLXXVI,     amended     1867-8,     530,     ch. 

graph  lines  from  the  Atlantic  to  the  Pacific,  CCCCXVI;    between   Los   Angeles    and   Wil- 

Stats.    1865-6,    ch.    CXX;    for    line    between  mington,  1871-2,   87,  ch.  XC. 
San   Jose   and   San   Bernardino,   1865-6,    308, 

TEXT-BOOKS. 

See  tit.  School  Books. 

THEATERS. 

See  tit.  Civil  Rights  of  Persons. 

THRESHING-MACHINES. 
See  tits.  Labor  Liens;  Wages. 


1386  THISTLES,    CANADA — TORRENS    LAXD    SYSTEM. 

THISTLE— CANADA  OR  SCOTCH. 

See  Stats.  1S71-2,  214,  ch.  CLXXIX,  relating  to  counties  of  Humboldt,  Siskiyou,  Klam- 
ath,   Del  Norte,  and  Alameda. 

See  also  tit.   County  Government  Act,   §  25,   subd.    26,    ante. 

TIMBER. 

See  tits.  Big  Tree  Grove;  Yosemite. 

TOLAND    MEDICAL    COLLEGE. 

See  tit.  University  of  California. 

TORRENS  LAND   SYSTEM. 

For  the  certification  of  land  titles  and  the  simplification   of  the  transfer  of 

real  estate. 

(Stats.  1897,  138,  ch.  CX.) 

§  1.  Eecorders  and  ex  officio  recorders  in  the  several  counties  of  this  state 
shall  be  registrars  of  titles  in  their  respective  counties,  and  their  deputies  shall 
be  deputy  registrars.  All  laws  relative  to  recorders  and  their  deputies,  including 
their  compensation,  clerk  hire,  and  expenses,  shall  extend  to  registrars  and  their 
deputies,  so  far  as  the  same  may  be  applicable,  except  as  in  this  act  otherwise 
provided.  Registrars  of  titles  shall  be  county  officers  within  the  meaning  of 
the  laws  of  this  state. 

§  2.  The  official  bonds  now  required  by  law  to  be  given  by  recorders  and 
ex  officio  recorders  before  entering  upon  the  discharge  of  their  duties,  shall  also 
apply  to  and  cover  the  faithful  discharge  of  their  duties  as  registrars,  whether 
such  additional  condition  be  specifically  provided  for  in  such  bonds  or  not. 

§  3.  Deputies  may  perform  any  and  all  duties  of  the  registrar,  in  the  name 
of  the  registrar,  and  the  acts  of  such  deputies  shall  be  held  to  be  the  acts  of  the 
registrar. 

§  4.  Registrars  and  deputy  registrars  are  prohibited  from  practising  law, 
or  acting  as  attorneys  or  counselors  at  law,  or  having  as  a  partner  a  lawyer  or 
any  one  who  acts  as  such,  or  from  acting  as  searchers  of  title  under  this  act. 

§  5.  Land  may  be, brought  under  the  operation  of  this  act  by  the  filing  with 
the  county  clerk  of  a  verified  petition  to  the  superior  court  of  the  county  within 
which  such  land  is  situated,  by  the  owner  of  any  estate  or  interest  in  such  land, 
whether  legal  or  equitable  (other  than  an  undivided  share,  or  an  easement).  The 
clerk  shall  immediately  indorse  on  such  application  the  exact  time  of  its  presenta- 
tion, and  enter  the  same  in  a  book  kept  for  that  purpose  and  known  as  the  land 
register  docket.  Persons  who  collectively  claim  to  hold  the  entire  legal  estate 
in  fee  simple  may  jointly  file  such  petition.  A  corporation  may  apply  by  its 
authorized  agent,  an  infant  by  his  guardian,  any  other  person  under  disability 
by  his  guardian  or  trustee.  Land  constituting  a  single  parcel  and  lying  partly 
in  two  or  more  counties  may  be  included  in  one  application,  which  may  be  made 
in  either  county  in  which  the  land  lies,  but  the  certificate  issued  therefor  must 
be  filed  with  the  registrars  of  all  the  counties  within  which  such  land  is  situate. 
Two  or  more  parcels  of  land  may  be  included  in  one  application  if  owned  by 
the  same  person  and  in  the  same  right. 


TOKRENS   LAND    SYSTEM.  1387 

§  6.     The  petition  shall  set  forth  substantially : 

(a)  The  name,  occupation,  place  of  residence,  and  post-office  address  of  the 
applicant,  and  if  the  application  is  by  one  acting  in  behalf  of  another,  the  name, 
place  of  residence,  pcst-office  address,  and  capacity  of  the  person  so  acting,  and 
the  nature  of  the  disability  of  the  person  for  whom  he  is  acting. 

(b)  Whether  the  applicant  (except  in  case  of  a  corporation)  is  married  or 
not,  and,  if  married,  the  name  and  residence  of  the  husband  or  wife. 

(c)  The  description  of  the  land. 

(d)  The  applicant's  estate  or  interest  in  the  same,  and  whether  the  same  is 
subject  to  an  estate  of  homestead. 

(e)  Whether  the  land  is  occupied  or  unoccupied,  and,  if  occupied,  the  name 
and  post-office  address  of  each  occupant,  and  what  estate  or  interest  he  has  or 
claims  in  the  land. 

(f )  Whether  the  land  is  subject  to  any  easement,  lien,  or  encumbrance,  and, 
if  an}',  the  name  and  post-office  address  if  known  of  each  holder  thereof,  and 
the  nature  and  amount  of  the  same,  and,  if  recorded,  the  book  and  page  of  the 
record. 

(g)  Whether  any  other  person  has  any  estate  or  claims  any  interest  in  the 
land,  in  law  or  equity,  in  possession,  remainder,  reversion,  or  expectancy,  and, 
if  any,  the  name  and  post-office  address  if  known  of  every  such  person,  and  the 
nature  of  his  estate  or  claim. 

(h)  The  names  and  post-office  addresses  of  all  the  owners  of  the  adjoining 
lands,  so  far  as  he  is  able,  upon  diligent  inquiry,  to  ascertain  the  same. 

(i)  If  the  applicant  is  a  male,  that  he  is  of  the  full  age  of  twenty-one  years; 
if  a  female,  that  she  is  of  the  full  age  of  eighteen  years.  If  the  application  is 
made  by  a  corporation,  its  name,  when  and  where  incorporated,  its  principal  place 
of  business,  and  the  names  and  post-office  addresses  of  its  president  and  secretary. 
If  the  application  is  by  a  husband  or  wife,  and  the  property  is  community  prop- 
erty, the  petition  must  so  state,  and  both  spouses  must  join  therein.  A  plat  or 
plan  of  survey  of  the  land  made  by  the  county  or  a  licensed  surveyor  must 
accompany  the  application,  and  if  said  land  is  a  part  of  a  city,  town,  or  sub- 
division, the  application  must  refer  to  the  book  and  page  of  the  records  of  the 
county  where  the  map  of  said  city,  town,  or  subdivision  is  recorded,  if  at  all. 

Each  application  must  be  accompanied  by  an  abstract  of  the  title,  verified  by 
the  searcher  making  the  same,  as  required  in  proceedings  in  partition,  or,  if  made 
by  a  corporation  engaged  in  the  business  of  making  and  certifying  abstracts 
of  title,  then  in  lieu  of  the  affidavit  a  certificate  by  such  corporation,  under  its 
seal,  shall  be  sufficient.  AVhen  the  title  to  the  land  in  question  has  been  previ- 
ously determined  by  a  final  decree  of  a  court  of  competent  jurisdiction,  such 
abstracts  need  not  antedate  "such  decree  unless  required  by  the  court  in  which 
such  application  is  filed.  No  person  or  corporation  shall  be  authorized  to  make 
or  furnish  such  abstracts  of  title  until  after  entering  into  an  undertaking  with 
two  or  more  sufficient  sureties  to  the  people  of  the  state  of  California  in  a  sum 
not  less  than  ten  thousand  dollars,  which  may  be  increased  from  time  to  time 
by  order  of  the  court.  Such  bonds  shall  be  recorded  in  the  record  of  official 
bonds  in  the  recorder's  office  of  the  county  and  then  filed  in  the  county  clerk's 
office*  Said  bonds  shall  be  conditioned  to  pay  all  damages  and  costs  which  the 
state  may  sustain  by  reason  of  any  error  or  insufficiency  in  said  abstract.     The 


X388  TORRENS    LAND    SYSTEM. 

sureties  on  such  bond  shall  qualify  as  provided  in  section  ten  hundred  and  fifty- 
seven  of  the  Code  of  Civil  Procedure,  and  the  sufficiency  of  the  bond  and  of 
the  sureties  thereon  shall  be  approved  by  a  judge  of  the  superior  court  of  the 
county  where  such  bond  is  to  be  filed.  The  sureties  upon  such  bond  may  become 
severally  liable  in  portions  of  not  less  than  five  hundred  dollars  each,  making  in 
the  aggregate  at  least  two  sureties  for  the  whole  sum.  Said  bond  shall  be  re- 
newed as  often  at  least  as  once  in  every  period  of  three  years. 

§  7.  No  mortgage,  lien,  charge,  or  lesser  estate  than  a  fee  simple  shall  be 
registered  unless  the  fee  simple  to  the  same  land  is  first  registered. 

§  8.  It  shall  not  be  an  objection  to  bringing  land  under  this  act,  that  the  estate 
or  interest  of  the  applicant  is  subject  to  any  outstanding  lesser  estate,  mortgage, 
lien,  or  charge;  but  every  such  lesser  estate,  mortgage,  lien,  or  charge  shall  be 
noted  upon  the  certificate  of  title  and  the  duplicate  thereof,  and  the  title  or 
interest  certified  shall  be  subject  only  to  such  estates,  mortgages,  liens,  and 
charges  as  are  so  noted,  except  as  herein  provided. 

§  9.  No  title  derived  through  sale  for  any  tax  or  assessment  shall  be  entitled 
to  be  first  registered,  unless  it  shall  appear  to  the  satisfaction  of  the  court,  upon 
the  hearing  of  the  application,  that  the  applicant,  or  those  through  whom  he 
claims  title,  have  been  in  the  open,  actual,  continuous,  uninterrupted,  undisputed, 
exclusive,  and  adverse  possession  of  the  land  under  such  title  at  least  five  years, 
and  have  paid  all  taxes  and  assessments  legally  levied  thereon  for  five  successive 
years. 

§  10.  The  application  may  be  amended  only  by  petition  verified  as  in  the 
case  of  the  original.  Such  amendment  may  be  ordered  by  the  court  on  its  own 
motion,  or  upon  the  motion  of  any  person  interested  in  the  proceeding. 

§  11.  The  filing  of  the  application  in  the  office  of  the  county  clerk  shall  be 
sufficient  notice  of  the  same  to  all  subsequent  purchasers  or  encumbrancers 
without  the  filing  of  a  lis  pendens  in  the  office  of  the  recorder. 

§  12.  The  court  shall,  in  its  discretion,  examine  the  abstract  itself,  or  refer 
the  same,  as  provided  in  section  eighteen  of  this  act.  If  it  shall  appear  to  the 
court,  from  an  examination  of  the  abstract,  or  from  the  report  of  the  referee, 
that  the  title  to  the  land  described  in  the  application  is  substantially  as  alleged 
by  the  applicant,  the  application  shall  be  set  for  hearing,  otherwise  the  court 
may  order  the  application  dismissed. 

§  13.  "When  the  time  and  place  for  hearing  the  application  is  fixed  by  the 
court,  notice  thereof  shall  be  given  to  all  parties  interested,  as  shown  by  the 
petition  and  the  abstract  or  referee's  report,  and  to  the  husband  or  wife  of 
the  applicant,  if  married,  and  the  owners  of  adjoining  lands,  in  the  same  manner 
as  the  service  of  a  summons  in  a  civil  action,  and  by  publication  for  at  least 
four  weeks,  in  some  newspaper  of  general  circulation,  to  be  designated  by  the 
court ;  provided,  that  no  copy  of  abstract  or  map  need  be  served  with  the  petition. 
Any  person  interested  may  appear  and  object  to  the  granting  of  the  application, 
and  if  such  objection  is  sustained,  the  costs  of  the  same  shall  be  paid  by  the 
applicant;  if  not,  by  the  person  so  objecting.  The  time  for  appearance  after 
service  shall  be  the  same  as  in  the  ease  of  a  civil  action. 

§  14.  Upon  the  day  set  for  the  hearing  of  the  application,  or  at  such  time  as 
the  same  may  be  continued  to,  the  court  shall  cause  examination  to  be  made  into 


TORRENS     LAND     SYSTEM.  1380 

the  applicant's  title  to  the  land  in  question,  and  shall  hear  testimonj^  as  to  the 
allegations  of  the  petition,  or  of  any  objections  thereto ;  and  if  any  defects  are 
found  in  the  application,  or  in  the  applicant's  title  to  the  land,  or  if  any  of  the 
allegations  of  the  petition  are  found  to  be  untrue,  or  any  objections  to  said 
petition  are  sustained,  the  court  may  dismiss  such  application,  or  may  give  the 
applicant  such  further  time  as  the  court  may  deem  reasonable,  before  finally 
passing  upon  his  application, 

§  15.  If  it  shall  be  made  to  appear,  to  the  satisfaction  of  the  court,  that  the 
notice  required  by  section  thirteen  has  been  duly  given  and  served ;  that  the  facts 
stated  in  the  application  are  true,  and  that  the  applicant  is  the  owner  of  the 
land,  or  interested  therein,  as  set  forth  in  the  petition,  the  court  shall  duly  make, 
give  and  enter  a  decree  to  that  effect,  which  said  decree  shall  contain  an  accurate 
description  of  the  property  in  question,  with  a  diagram  thereof,  and  also  shall 
set  forth  all  liens  and  encumbrances  on  said  land,  with  the  name  of  the  holder 
thereof,  and  the  nature,  amount,  and  order  of  the  same,  and,  if  recorded,  the 
book  and  page  of  the  record.  Any  party  aggrieved  by  such  decree  may  appeal 
therefrom  in  the  manner  now  or  hereafter  provided  by  law  for  appeals  in  -civil 
actions. 

§  16.  A  certified  copy  of  such  decree  shall  be  filed  in  the  office  of  the  regis- 
trar, who  shall  thereupon  issue  a  certificate  of  title  to  the  person  entitled  thereto 
as  shown  by  said  decree,  and  shall  proceed  to  bring  said  land  under  the  opera- 
tion of  this  act,  as  herein  provided.  Said  certificate  shall  contain  the  description 
of  the  property  set  forth  in  the  decree,  and  shall  also  show  the  nature,  amount, 
and  order  of  the  liens  thereon. 

§  17.  The  decree  of  the  court  ordering  registration  shall  be  in  the  nature 
of  a  decree  in  rem,  and  shall  be  final  and  conclusive  as  against  the  rights  of  every 
and  all  persons,  known  and  unknown,  to  assert  any  estate,  interest,  claim,  lien, 
or  demand  of  any  nature  or  kind  whatever,  against  the  land  so  ordered  registered, 
except  as  provided  in  this  act. 

§  18.  Upon  the  filing  of  the  petition  the  court  may  appoint  a  referee  to  ex- 
amine and  report  upon  the  abstract  accompanying  the  same.  Such  referee  shall 
be  an  attorney  in  good  standing,  skilled  in  the  examination  of  titles,  of  not  less 
than  three  years'  practice  at  the  bar  of  the  court  so  appointing  him.  The  com- 
pensation of  the  searcher  and  of  the  referee  shall  be  fixed  by  the  court,  or  agreed 
upon  between  themselves  and  the  applicant,  and  shall  be  paid  by  the  applicant 
as  a  part  of  the  costs  of  the  proceeding. 

§  19.  Whenever  such  abstract  shall  be  made  and  such  referee  appointed,  no 
decree  shall  be  entered  by  the  court  until  the  written  opinion  of  such  referee  shall 
be  filed  in  the  proceeding,  showing  the  nature  of  the  applicant's  title  to  the  land; 
and  if  the  same  is  subject  to  any  lesser  estate,  mortgage,  lien,  or  charge,  particu- 
larly specifying  the  same  and  the  priority,  thereof.  The  estate  of  homestead 
shall  be  included  in  the  term  "lesser  estate." 

§  20.  Any  applicant  may.  upon  payment  of  all  fees  due,  withdraw  his  ap- 
plication for  registration  at  any  time  prior  to  the  issuing  of  a  certificate  of  title ; 
and  upon  the  written  request  of  such  applicant  and  the  order  of  the  court,  the 
clerk  shall  return  to  the  applicant  all  abstracts  of  title,  deeds,  and  other  instru- 


1390  TORREJVS    LAND    SYSTEM. 

nients,  except  depositions  or  affidavits  deposited  by  him  for  the  purpose  of  sup- 
porting his  application. 

§  21.  In  case  of  the  death  or  any  disability  of  the  applicant,  the  court,  on 
motion,  may  allow  the  proceeding  to  be  continued  by  or  against  his  representative 
or  successor  in  interest.  In  case  of  any  other  transfer  of  interest  the  proceeding 
may  be  continued  in  the  name  of  the  original  applicant,  or  the  court  may  allow 
the  person  to  whom  the  transfer  is  made  to  be  substituted  in  the  proceeding. 

§  22,  The  registrar  shall  immediately,  upon  the  registration  of  any  land, 
make  an  entry  in  a  book  kept  by  him  for  that  purpose,  showing  the  name  of 
the  person  to  whom  the  certificate  was  issued,  its  number,  the  day,  hour,  and 
minute  of  its  issuance,  the  name  of  the  person  to  whom  the  duplicate  certificate 
was  delivered,  and  the  book  and  page  where  the  original  certificate  is  entered 
or  recorded. 

§  23.  Every  first  and  subsequent  certificate  of  title  shall  be  in  duplicate  and 
numbered  consecutively  and  bear  date  the  year,  month,  day,  hour,  and  minute 
of  its  issue,  and  be  under  the  hand  and  official  seal  of  the  registrar,  one  copy  of 
which  shall  be  retained  by  the  registrar  and  be  known  as  the  original,  and  the 
other  shall  be  delivered  to  the  owner,  or  person  acting  for  him,  and  be  known 
as  the  duplicate.  It  shall  state  whether  the  owner,  except  in  the  case  of  a  cor- 
poration, executor,  administrator,  assignee,  or  other  trustee,  is  married  or  not 
married,  and  the  name  of  the  husband  or  wife.  If  the  owner  is  a  minor  it  shall 
state  his  age ;  if  under  any  other  disability,  the  nature  of  the  disability.  If  issued 
to  an  executor  or  administrator,  the  certificate  shall  show  the  name  of  the 
deceased  testator  or  intestate ;  if  to  an  assignee  in  insolvency,  the  name  of  the 
insolvent.  The  registrar  shall  note  at  the  end  of  the  certificate,  original  and 
duplicate,  in  such  manner  as  to  show  and  preserve  their  priorities,  the  particulars 
of  all  estate,  mortgages,  liens,  encumbrances,  and  charges  to  which  the  owner's 
title  is  subject. 

§  24.  No  particular  form  of  certificate  of  title  is  required,  but  the  same 
may  be,  sub.ject  to  such  changes  as  the  case  may  requn^e,  substantially  in  the 
following  form: 

State  of  California,  | 

County  of \ 

A  B  (state  occupation  and  residence,  giving  street  and  number),  state  of 
California  (if  an  administrator,  give  the  name  of  the  deceased;  if  a  minor, 
give  his  age;  if  under  other  disability,  state  its  nature),  married  to  (name  of 
husband  or  wife,  or  if  not  married  so  state),  is  the  owner  of  an  estate  in  fee 
simple  (or  as  the  case  may  be)  in  the  following  land  (insert  description  con- 
tained in  the  decree).  Subject,  however,  to  the  estates,  easements,  liens,  en- 
cumbrances, and  charges  hereunder  noted.  (In  case  of  trust,  condition,  or  limi- 
tation, say  ''in  trust,"  or  "upon  condition,"  or  "with  limitation,"  as  the  case 
may  be.) 

1.  Mortgage  to  C  D  for  the  sum  of  $ ,  dated  ,  payable  after 

date,  with  interest  at  per  centum  per  ,  interest  payable  . 

2.  Mechanic's  lien  in  favor  of  X  Y  for  $ ,  filed  . 

3.  Assessment  for  improvement  of street.    Amount  $ ,  due . 

(Any  other  encumbrances  or  charges.) 


TORRENS     LAKD     SYSTEM.  1391 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  my  official  seal 
to  be  affixed,  this  day  of  . 


Registrar  of  titles  in  and  for  the  county  of ,  state  of  California. 

[Seal.] 

§  25.  In  all  cases  where  two  or  more  persons  are  entitled  as  tenants  in  com- 
mon to  an  estate  in  registered  land,  such  persons  may  receive  one  certificate 
for  the  entirety,  or  each  may  receive  a  separate  certificate  for  his  undivided 
share. 

§  26.  Upon  the  application  of  any  registered  owner  of  land  held  under 
separate  certificates  of  title,  or  under  one  certificate,  and  delivering  up  of  such 
certificate  or  certificates  of  title,  the  registrar  may  issue  to  such  owner  a 
single  certificate  of  title  for  the  whole  of  such  land,  or  several  certificates, 
each  containing  a  portion  of  such  land,  in  accordance  with  such  application, 
and  as  far  as  the  same  may  be  done  consistently  with  any  regulations  at  the 
time  being  in  force,  respecting  the  certificates  of  land  that  may  be  included 
in  one  certificate  of  title ;  and  upon  issuing  any  such  certificate  of  title  said 
registrar  shall  indorse  on  the  last  previous  certificate  of  title  of  such  land 
so  delivered  up  a  memorial,  setting  forth  the  occasion  of  such  cancelation  and 
referring  to  the  volume  and  folium  of  the  new  certificate  or  certificates  of 
title  so  issued. 

§  27.  In  the  event  of  a  duplicate  certificate  of  title  being  lost,  mislaid,  or 
destroyed,  the  owner  may  apply  to  the  court  for  an  order  upon  the  registrar 
to  issue  a  certified  copy  of  the  original  certificate  of  registration.  Upon  the 
hearing  of  such  application,  the  court  may  order  such  notice  to  be  given  to 
such  persons,  and  for  such  time  as  it  may  deem  proper.  If  the  court  is  satis- 
fied that  the  applicant  is  the  person  named  in  the  original  certificate  on  file 
in  the  registrar's  office,  and  that  the  duplicate  certificate  has  been  lost,  mis- 
laid, or  destroyed,  the  court  shall  make  an  order  directing  the  registrar  to 
issue  a  certified  copy  of  the  original  certificate  to  the  applicant.  A  certified 
copy  of  such  order  shall  be  filed  in  the  registrar's  office,  who  shall  thereupon 
issue  to  such  applicant  a  certified  copy  of  the  original  certificate,  with  the 
memorials  and  notations  appearing  upon  the  register,  and  shall  note  upon  the 
register  the  fact,  cause,  and  date  of  such  issue,  and  shall  also  mark  upon  such 
certified  copy:  ''Owner's  certified  copy,  issued  in  place  of  lost  (mislaid,  or 
destroyed,  as  the  case  may  be)  certificate,"  and  such  certified  copy  shall  stand 
in  the  place  of,  and  have  like  effect,  as  the  missing  duplicate  certificate.  In 
case  of  a  lost  certificate,  no  transfer  of  the  land  shall  be  made  until  such 
certified  copy  is  issued  by  the  registrar.  A  certified  copy  of  the  certificate 
of  title  may  be  issued  by  the  registrar  for  use  as  evidence,  upon  the  receipt 
by  him  of  an  order  therefor  made  by  the  court ;  provided,  that  such  certified 
copy  shall  have  written  or  stamp  ^  across  the  face  thereof  the  words  "For 
use  as  evidence  only."  The  issuance  of  such  certified  copy  and  the  purpose 
thereof  shall  also  be  noted  upon  the  original  certificate  by  the  registrar. 

§28.  If  an  owner's  name  or  description  is  incorrectly  registered,  or  be- 
comes changed  (e.  g.  by  marriage,  adoption,  divorce,  etc.),  the  court,  upon 
the  filing  of  an  application  and  proof  of  facts  in  the  manner  set  forth  in ^ 


j39a  TORREJVS     LAND     SYSTEM. 

section  twenty-seven  of  this  act,  and  the  production  by  the  owner  of  the 
duplicate  certificate,  shall  order  the  registrar  to  issue  a  new  certificate,  with 
such  changes  as  the  case  may  require. 

§29.  The  registrar  shall  keep  a  book,  to  be  known  as  the  "Register  of 
Titles,"  wherein  he  shall  enter  all  original  certificates  of  title,  in  the  order 
of  their  numbers,  with  appropriate  blanks  for  the  entry  of  memorials  and 
notations  allowed  by  this  act.  Each  certificate,  with  such  blanks,  shall  con- 
stitute a  separate  folium  of  such  book.  All  memorials  and  notations  that  may 
be  entered  upon  the  register  under  the  terms  of  this  act  shall  be  entered  upon 
the  folium  constituted  by  the  last  certificate  of  title  of  the  land  to  which  they 
relate.  Each  certificate  of  title  shall  be  numbered  the  same  as  the  folium  of 
the  register  on  which  the  registration  of  the  title  of  which  it  is  a  duplicate 
is  entered. 

§  30.  Before  the  delivery  of  any  duplicate  certificate  of  title,  a  receipt 
for  it  shall  be  required  to  be  signed  by  the  owner.  Where  such  receipt  is 
signed  in  the  presence  of  the  registrar  or  a  deputy,  it  shall  be  witnessed 
by  such  officer.  If  signed  elsewhere,  it  shall  be  acknowledged  before  any 
officer  authorized  to  take  acknowledgments  of  deeds. 

§  31.  In  every  case  of  first  registration  of  land  or  an  estate  or  interest 
therein,  the  same  shall  be  deemed  to  be  registered  under  this  act,  when  the 
registrar  shall  have  marked  upon  the  certificate  of  title,  in  duplicate,  the 
volume  and  folium  of  the  register  in  which  the  original  may  be  found. 

§  32.  Every  transfer  of  registered  land  shall  be  deemed  to  be  registered 
under  this  act,  when  the  new  certificate  to  the  transferee  shall  have  been 
marked,  as  in  the  case  of  the  first  registration;  and  all  other  dealings  shall 
be  considered  as  registered  when  the  memorial  or  notation  shall  have  been 
entered  in  the  register  upon  the  folium  constituted  by  the  existing  certificate 
of  title  of  the  land.  But,  for  the  protection  of  the  transferee  or  person  claim- 
ing through  any  transfer  or  dealing,  the  registration  shall  relate  back  to 
the  time  of  filing  in  the  registrar's  office  the  deed,  instrument,  or  notice  pur- 
suant to  which  the  transfer  memorial  or  notation  is  made. 

§  33.  Any  person  feeling  himself  aggrieved  by  the  action  of  the  registrar, 
or  by  his  refusal  to  act  in  any  matter  pertaining  to  the  first  registration  of 
land,  or  any  subsequent  transfer,  or  charge  upon  the  same,  or  failing,  or 
neglecting,  or  refusing  to  file  any  instrument,  or  to  enter  or  cancel  any 
memorial  or  notation,  or  to  do  any  other  thing  required  of  him  by  this  act, 
may  file  a  complaint  in  the  superior  court  making  the  registrar  and  other 
persons,  whose  interests  may  be  affected,  parties  defendant,  and  the  court 
may  proceed  therein  as  in  other  cases,  and  make  such  order  or  decree  as  shall 
be  according  to  equity  and  the  purport  of  this  act.  A  certified  copy  of  such 
order  or  decree  shall  be  presented  to  the  registrar,  who  shall  file  the  same 
and  make  such  entry  thereof  as  by  this  act  required. 

§  34.  The  registered  owner  of  any  estate  or  interest  in  land  brought  under 
this  act  shall,  except  in  case  of  fraud  to  which  he  is  a  party,  or  of  the  person 
through  whom  he  claims  without  valuable  consideration  paid  in  good  faith, 
hold  the  same  subject  only  to  such  estates,  mortgages,  liens,  charges,  and 
interests  as  may  be  noted  in  the  last  certificate  of  title  in  the  registrar's  office, 
and  free  from  all  others,  except: 


torre:]vs   laad    SYSTii:M.  1393 

1.  Any  subsisting  lease  or  agreement  for  a  lease  for  a  period  not  exceeding 
one  year,  where  there  is  actual  occupation  of  the  land  under  lease.  The  term 
"lease"  shall  include  a  verbal  letting. 

2.  All  public  highways  embraced  in  the  description  of  the  lands  included  in 
the  certificate. 

3.  Any  subsisting  right  of  way  or  other  easement,  however  created,  upon, 
over,  or  in  respect  of  the  land. 

4.  Any  tax  or  special  assessment  for  which  a  sale  of  the  land  has  not  been 
had  at  the  date  of  the  certificate  of  title. 

5.  Such  right  of  action  or  claim  as  is  allowed  by  this  act. 

6.  Liens,  claims,  or  rights  arising  under  the  laws  of  the  United  States,  which 
the  statutes  of  California  cannot  require  to  appear  of  record  upon  the  register. 

§  35.  After  laud  has  been  registered  no  title  thereto  adverse  or  in  deroga- 
tion to  the  title  of  the  registered  owner  shall  be  acquired  by  any  length  of 
possession. 

§  36.  Except  in  case  of  fraud,  and  except  as  herein  otherwise  provided, 
no  person  taking  a  transfer  of  registered  land,  or  any  estate  or  interest  therein, 
or  of  any  charge  upon  the  same  from  the  registered  owner,  shall  be  held  to 
inquire  into  the  circumstances  under  which,  or  the  consideration  for  which, 
such  owner  or  any  previous  registered  owner  was  registered,  or  be  affected 
with  notice,  actual  or  constructive,  of  any  unregistered  trust,  lien,  claim,  de- 
mand, or  interest ;  and  the  knowledge  that  any  unregistered  trust,  lien,  claim, 
demand,  or  interest  is  in  existence  shall  not  of  itself  be  imputed  as  fraud. 

§  37.  In  case  of  fraud,  any  person  defrauded  shall  have  all  rights  and  reme- 
dies that  he  would  have  had  if  the  land  were  not  under  the  provisions  of  this 
act;  provided,  that  nothing  contained  in  this  section  shall  affect  the  title  of  a 
registered  owner  who  has  taken  bona  fide  for  a  valuable  consideration,  or  of 
any  person  bona  fide  claiming  through  or  under  him. 

§  38.  If  a  deed  or  other  instrument  is  registered,  which  is  forged,  or  exe- 
cuted by  a  person  under  legal  disability,  such  registration  shall  be  void; 
provided,  that  the  title  of  a  registered  owner,  who  has  taken  bona  fide  for  a 
valuable  consideration,  shall  not  be  affected  by  reason  of  his  claiming  title 
through  some  one  the  registration  of  whose  right  or  interest  was  void,  as 
provided  in  this  section. 

§  39.  No  unregistered  estate,  interest,  power,  right,  claim,  contract,  or  trust 
shall  prevail  against  the  title  of  a  registered  owner  taking  bona  fide  for  a 
valuable  consideration,  or  of  any  person  bona  fide  claiming  through  or  under 
him. 

§  40.  In  any  suit  for  specific  performance  brought  by  a  registered  owner 
of  any  land  under  the  provisions  of  this  act  against  a  person  who  may  have 
contracted  to  purchase  such  land,  not  having  notice  of  any  fraud  or  other 
circumstances  which,  according  to  the  provisions  of  this  act,  would  affect 
the  right  of  the  vendor,  the  certificate  of  title  of  such  registered  owner  shall 
be  held  in  every  court  to  be  conclusive  evidence  that  such  registered  owner 
has  a  good  and  valid  title  to  the  land,  and  for  the  estate  or  interest  therein 
mentioned  or  described. 

§  41.     In  any  action  or  proceeding  brought  for  ejectment,  partition,  or  pos- 

Gen.  Laws — 88 


^394  TORUEJVS     LAND     SYSTEM. 

session  of  land,  the  certificate  of  title  of  a  registered  owner  shall  be  held  in 
every  court  to  be  conclusive  evidence,  except  as  herein  otherwise  provided, 
that  such  registered  owner  has  a  good  and  valid  title  to  the  land,  and  for  the 
estate  or  interest  therein  mentioned  or  described,  and  that  such  registered 
owner  is  entitled  to  the  possession  of  said  land. 

§  42.  The  register  of  any  land,  and  duly  certified  copies  thereof,  shall,  except 
as  herein  otherwise  provided,  be  received  in  law  and  in  equity  as  evidence  of 
the  facts  therein  stated,  and  as  conclusive  evidence  that  the  person  named  therein 
as  owner  is  entitled  to  the  land  for  the  estate  or  interests  therein  specified. 

§  43.  AYhenever  a  memorial  has  been  entered,  as  permitted  by  this  act,  the 
registrar  shall  carry  the  same  forward  upon  all  certificates  of  title  until  the  same 
is  canceled  in  some  manner  authorized  by  this  act. 

§  44.  All  dealings  with  land  or  any  estate  or  interest  therein,  after  the  same 
has  been  brought  under  this  act,  and  all  liens,  encumbrances,  and  charges  upon 
the  same  subsequent  to  the  first  registration  thereof,  shall  be  deemed  to  be  subject 
to  the  terms  of  this  act,  and  to  such  amendments  and  alterations  as  may  hereafter 
be  made.  The  bringing  of  land  under  this  act  shall  imply  an  agreement  which 
shall  run  with  the  land,  that  the  same  shall  be  subject  to  the  terms  and  provisions 
of  the  act  and  of  amendments  and  alterations  thereof. 

§  45.  No  person  shall  commence  any  action  at  law  or  in  equity  for  the  recovery 
of  land,  or  assert  any  interest,  right  in,  or  lien  or  demand  upon  the  same,  or 
make  entry  thereon  adversely  to  the  title  or  interest  certified  in  the  first  certificate 
bringing  the  land  under  the  operation  of  this  act,  unless  within  five  years  after 
the  first  registration.  It  shall  not  be  an  exception  to  this  rule  that  the  person 
entitled  to  bring  the  action  or  make  the  entry  is  an  infant,  lunatic,  or  is  under 
any  disability,  but  action  may  be  brought  by  such  person  by  his  next  friend 
or  guardian.  It  shall  be  the  dutj^  of  the  guardian,  if  there  is  any,  to  bring  action 
in  the  name  of  his  ward  whenever  it  is  necessary  to  preserve  or  enforce  the  ward's 
rights  in  registered  land;  provided,  however,  before  such  action  shall  proceed, 
it  must  be  made  to  appear  to  the  court  that  the  person  bringing  such  action, 
or  those  under  whom  he  claims,  had  no  actual  notice  of  the  proceedings  to  register 
such  lands  in  time  to  appear  and  file  his  objections  or  assert  his  claim. 

§  46.  The  action  provided  for  in  the  last  preceding  section,  shall  in  no 
way  affect  or  disturb  the  rights  of  any  person  in  said  land,  acquired  subsequent 
to  the  registration  thereof,  bona  fide  and  without  knowledge,  and  for  a  valuable 
consideration. 

§  47.  Any  person  having  any  interest,  right,  title,  lien,  or  demand,  whether 
vested,  contingent,  or  inchoate,  in,  to,  or  upon  registered  land  which  existed  at 
the  time  the  land  was  firet  registered,  and  upon  or  for  which  no  cause  of  action 
shall  have  accrued  at  the  date  of  the  registration  of  the  land,  may,  prior  to  the 
expiration  of  said  five  years  after  such  registration,  file  in  the  registrar's  office 
a  notice,  under  oath,  setting  forth  his  interest,  right,  title,  lien,  or  demand,  and 
how  and  under  whom  derived,  and  the  character  and  nature  thereof ;  and  if  such 
claim  is  so  filed,  an  action  may  be  brought  to  assert  or  recover  or  enforce  the 
same  at  any  time  within  one  year  after  the  right  of  action  shall  have  accrued 
thereon,  or  at  any  time  within  the  period  of  five  years  after  said  first  registration, 
and  not  afterwards.    It  shall  be  the  duty  of  a  life  tenant  or  trustee  to  file  such 


TORREjVS      land      system.  1395 

claim  on  behalf  of  any  remainderman  or  reversioner,  whether  the  remainder  or 
reversion  be  at  the  time  vested  or  contingent,  and  of  a  guardian  to  hie  such  claim 
on  behalf  of  his  ward. 

§  48.  A  registered  owner  of  land  desiring  to  transfer  his  whole  estate  or 
interest  therein,  or  some  distinict  part  or  parcel  thereof,  or  some  undivided  inter- 
est therein,  or  to  grant  out  of  his  estate  an  estate  for  life  or  for  a  term  of  not 
less  than  ten  years,  may  execute  to  the  intended  transferee  a  deed  or  instrument 
of  conveyance  in  any  form  authorized  by  law  for  that  purpose.  And  upon  filing 
such  deed  or  other  instrument  in  the  registrar's  office  and  surrendering  to  the 
registrar  the  duplicate  certificate  of  title,  the  transfer  shall  be  complete  and  the 
title  so  transferred  shall  vest  in  the  transferee;  thereupon,  the  registrar  shall 
issue  in  duplicate  and  register,  as  hereinbefore  provided,  a  new  certificate,  certi- 
fying the  title  to  the  estate  or  interest  in  the  land  desired  to  be  conveyed  to  be 
in  the  transferee,  and  shall  note  upon  the  original  and  duplicate  certificate  the 
date  of  the  transfer,  the  name  of  the  transferee,  and  the  volume  and  folium 
in  which  the  new  certificate  is  registered,  and  shall  stamp  across  the  original 
and  surrendered  duplicate  certificate  the  word  "Canceled,"  in  whole  or  in  part, 
as  the  case  may  be. 

§  49.  When  only  a  part  of  the  land  described  in  a  certificate  is  transferred, 
or  some  estate  or  interest  in  the  land  is  to  remain  in  the  transferrer,  a  new  cer- 
tificate shall  be  issued  to  him  for  the  part,  estate,  or  interest  remaining  in  him. 

§  50.  The  registrar  shall  mark  as  filed  every  deed,  mortgage,  lease,  and  other 
instrument  which  may  be  filed  in  his  office,  in  the  order  of  its  receipt,  and  shall 
note  thereon  at  the  date  of  filing  the  minute,  hour,  daj^  and  year  it  is  received. 
When  the  date  of  filing  any  instrument  is  required  to  be  entered  upon  the 
register,  it  shall  be  the  same  as  that  indorsed  upon  such  instrument. 

§  51.  All  instruments,  notices,  and  papers  required  or  permitted  by  this  act 
to  be  filed  in  the  office  of  the  registrar,  shall  be  retained  and  kept  in  such  office, 
and  shall  not  be  taken  therefrom  except  by  a  subpoena  duces  tecum  issued  to, 
and  served  upon  the  registrar  by  a  court  of  record.  But  the  registrar,  on  demand, 
the  proper  fee  being  tendered  therefor,  shall  deliver  to  any  person  a  copy  or 
copies  of  such  an  instrument,  with  all  memoranda,  memorials,  and  indorsements 
thereon,  duly  certified  under  his  hand  and  seal  of  office.  The  registrar  shall, 
however,  upon  all  such  copies,  indorse  thereon  in  writing  across  the  face  thereof, 
in  red  ink,  "Copy,  no  rights  conveyed  hereby." 

§  52.  Every  copy  of  original  instruments  so  certified  as  provided  for  in  the 
last  preceding  section,  shall  be  received  in  all  cases  in  place  of  the  original,  and 
as  evidence  have  the  same  force  and  efiiect  as  the  original  instrument. 

§  53.  Like  forms  of  deeds,  mortgages,  leases,  and  other  instruments  as  are 
now  or  may  hereafter  be  sufficient  in  law  for  the  purpose  intended,  may  be  used 
in  dealing  with  registered  land  and  any  estate  or  interest  therein.  Such  instru- 
ment shall  give  the  number  of  the  certificate  of  title  of  the  land  described  therein. 
But  an  indorsement,  duly  acknowledged,  upon  the  duplicate  certificate  of  title, 

substantially  in  the  following  form,  viz.:  "I  ,  grant  to  the  real 

property  described  in  this  certificate.     Witness  hand  and  seal 

this  day  of  ,  ,"  shall  be  sufficient  to  transfer  the 

property  in  said  certificate  described. 


13tMJ  TORREIVS      LAND      SYSTMM. 

§  54.  On  all  instruments  presented  to  the  registrar  for  registration  shall  be 
indorsed  the  name  and  address  of  the  person  so  presenting  the  same,  and  all 
notices  relating  to  the  land  therein  described  may  be  served  on  such  person  at 
such  address.  The  address  may  be  changed  from  time  to  time  by  such  person 
filing  with  the  registrar  a  written  notice  of  such  change. 

§  55.  A  deed,  mortgage,  lease,  or  other  instrument  purporting  to  convey, 
transfer,  mortgage,  lease,  charge,  or  otherwise  deal  with  registered  land,  or  any 
estate  or  interest  therein,  or  charge  upon  the  same,  other  than  a  will  or  a  lease 
not  exceeding  one  year  where,  the  land  is  in  the  actual  possession  of  the  lessee  or 
his  assigns,  shall  take  effect  only  by  way  of  contract  between  the  parties  thereto, 
and  as  authority  to  the  registrar  to  register  the  transfer,  mortgage,  lease,  charge, 
or  other  dealing  upon  compliance  with  the  terms  of  this  act.  On  the  filing  of 
such  instrument,  the  land,  estate,  interest,  or  charge  shall  become  transferred, 
mortgaged,  leased,  charged,  or  dealt  with  according  to  the  purport  and  terms 
of  the  deed,  mortgage,  lease,  or  other  instrument.  The  registrar  shall  imme- 
diately, upon  the  filing  of  such  instrument,  stamp  or  write  upon  the  original  and 
duplicate  certificates  of  title  the  word  ''Transferred,"  "Mortgaged,"  "Leased," 
or  otherwise,  as  the  case  may  require,  with  the  date  of  filing  such  instrument. 

§  56.  No  transfer  of  title  to  land,  or  any  estate  or  interest  therein,  or  mort- 
gage, shall  be  registered,  if  the  last  original  certificate  shows  that  the  land  has 
been  sold  for  any  tax  or  assessment  upon  which  a  deed  has  been  given,  and  that 
the  title  is  outstanding,  or  upon  which  a  deed  may  thereafter  be  given,  or  if  said 
certificate  shows  that  the  estate  of  homestead,  if  any,  has  not  been  released  or 
extinguished,  unless  the  transfer  or  mortgage  is  intended  to  be  subject  to  such 
tax  sale  or  homestead  estate,  in  which  case  it  shall  be  so  stated  in  the  certificate 
of  title. 

§  57.  Every  certificate  of  title  to  land  shall  state  whether  the  transferee  (ex- 
cept when  the  latter  is  a  corporation,  executor,  administrator,  or  assignee)  is 
married  or  not  married,  and  if  married,  the  name  of  the  husband  or  wife.  If  the 
transferee  be  an  executor  or  administrator,  the  certificate  shall  give  the  name  of 
the  deceased  testator  or  intestate,  and  if  the  transferee  be  an  assignee,  the  name 
of  the  insolvent.  The  transferee  shall  furnish  the  registrar  the  necessary 
information  before  he  shall  be  entitled  to  have  the  land  transferred  to  him  on 
the  register. 

§  58.  Every  mortgage,  lease,  contract  to  sell,  or  other  instrument  intended  to 
create  a  lien,  encumbrance,  or  charge  upon  registered  land,  or  any  interest  therein, 
shall  be  deemed  to  be  a  charge  thereon,  and  must  be  registered  as  hereinafter 
provided. 

§  59.  On  the  filing  of  the  instrument  intended  to  create  the  charge  in  the 
registrar's  office,  and  the  production  of  the  duplicate  certificate  of  title,  and  it 
appearing  from  the  original  certificate  of  title  that  the  person  intending  to  cre- 
ate the  charge  has  the  title  and  right  to  create  such  charge,  and  the  person  in 
whose  favor  the  same  is  sought  to  be  created  being  entitled  by  the  terms  of  this 
act  to  have  the  same  registered,  the  registrar  shall  enter  upon  the  proper  folium 
of  the  register,  and  also  upon  the  duplicate  certificate,  a  memorial  of  the  pur- 
port thereof,  and  the  date  of  filing  the  instrument,  with  a  reference  thereto,  by 
its  file  number,  which  memorial  shall  be  signed  by  the  registrar.     The  registrar 


1 


TORRENS     LAND     SYSTEM.  1397 

sliall  also  note  upon  the  instrument  on  file  the  volume  and  folium  of  the  register 
where  the  memorial  is  entered. 

§  60.  A  trust  deed  in  the  nature  of  a  mortgage  shall  be  deemed  to  be  a  mort- 
gage, and  be  subject  to  the  same  rules  as  a  mortgage. 

§  61.  When  any  mortgage,  lease,  or  other  instrument  creating  or  dealing  with 
a  charge  upon  registered  land  or  any  estate  or  interest  therein,  is  in  duplicate, 
triplicate,  or  more  parts,  only  one  of  the  parts  need  be  filed  and  kept  in  the 
registrar's  office;  but  the  registrar  shall  note  upon  the  register  whether  the  same 
is  in  duplicate,  triplicate,  or  as  the  case  may  be,  and  shall  also  mark  upon  the 
others  "Mortgagee's  Duplicate,"  "Lessor's  Duplicate,"  "Lessee's  Duplicate," 
or  as  the  case  may  be,  and  note  upon  the  same  the  date  of  filing  and  the  volume 
and  folium  of  the  register  where  the  memorial  is  entered,  and  deliver  them  to 
the  parties  entitled  thereto. 

§  62.  When  an  instrument  is  not  executed  in  a  sufficient  number  of  parts  for 
the  convenience  of  the  parties,  the  registrar  may  make  and  deliver  to  each  of 
the  parties  entitled  thereto  certified  copies  of  the  instrument  filed  in  his  office, 
with  the  indorsements  thereon,  marking  the  same  "Mortgagee's  Certified  Copy," 
"Lessor's  Certified  Copy,"  or  as  the  case  may  be,  and  shall  note  upon  the  reg- 
ister the  fact  of  issuing  such  copies.  Such  certified  copies  shall  have  the  same 
force  and  effect  and  be  treated  as  duplicates. 

§  63.  The  holder  of  any  charge  upon  registered  land,  desiring  to  transfer 
the  same  or  any  part  thereof,  may  execute  an  assignment  of  the  whole  or  any 
part  thereof.  The  assignment  of  a  part  only  must  state  whether  the  part 
transferred  is  to  be  given  priority,  to  be  deferred,  or  to  rank  equally,  with 
the  remaining  part.  Upon  such  assignment  being  filed  in  the  office  of  the 
registrar  and  the  production  of  the  duplicate  or  certified  copy  of  the  instru- 
ment creating  the  charge  held  by  the  assignor,  the  registrar  shall  enter  in 
the  register  opposite  the  charge,  a  memorial  of  such  transfer,  and  how  it 
ranks,  with  a  reference  to  the  assignment  by  its  file  number;  he  shall  also 
note  upon  the  instrument  on  file  in  his  office  intended  to  be  transferred,  and 
upon  the  duplicate  or  certified  copy  thereof  produced,  the  volume  and  folium 
where  the  memorial  is  entered,  with  the  date  of  the  entry.  The  transferee 
shall  be  entitled  to  have  a  certified  copy  of  the  instrument  of  transfer,  with 
the  indorsement  thereon,  and  in  case  of  the  transfer  of  the  entire  charge, 
the  duplicate  or  certified  copy  of  the  instrument  creating  the  charge. 

§  64.  A  release,  discharge,  or  surrender  of  a  charge,  or  any  part  thereof, 
or  of  any  part  of  the  land  charged,  may  be  effected  in  the  same  way  as  above 
provided  in  the  case  of  a  transfer.  In  case  only  a  part  of  the  charge  or  of 
the  land  is  intended  to  be  released,  discharged,  or  surrendered,  the  entry 
shall  be  made  accordingly ;  but  when  the  whole  is  released,  discharged,  or  sur- 
rendered at  the  same  or  several  times,  the  registrar  shall  stamp  across  the 
instrument  on  file,  and  the  memorial  thereof,  and  the  duplicate  or  certified 
copy  produced,  the  word  "Canceled." 

§  65.  All  charges  upon  registered  land,  or  any  estate  or  interest  in  the 
same,  may  be  enforced  as  now  or  hereafter  allowed  by  law,  and  all  laws  with 
reference  to  the  foreclosure  and  release  or  satisfaction  of  mortgages  shall 
apply  to  mortgages  upon  registered  land,  or  any  estate  or  interest  therein, 


139S  TORRENS     LAND     SYSTEM. 

except  as  herein  otherwise  provided,  and  except  that  until  notice  of  the  pen- 
dency of  any  suit  to  enforce  or  foreclose  such  charge  is  filed  in  the  registrar's 
office,  and  a  memorial  thereof  entered  on  the  register,  the  pendency  of  such 
suit  shall  not  be  notice  to  the  registrar,  or  any  person  dealing  with  the  land 
or  any  charge  thereon. 

§  66.  Before  any  person  can  convej^,  charge,  or  otherwise  deal  with  regis- 
tered land,  or  any  estate  or  interest  therein,  as  attorney  in  fact  for  another, 
the  deed  or  instrument  empowering  him  so  to  act  shall  be  filed  with  the  reg- 
istrar, and  a  memorial  thereof  entered  upon  the  original  and  duplicate  certifi- 
cates. If  the  attorney  shall  so  desire,  the  registrar  shall  deliver  to  him  a 
certified  copy  of  the  power  of  attorney,  with  the  indorsements  thereon.  Revo- 
cation of  a  power  may  be  registered  in  like  manner. 

§  67.  Whenever  a  deed  or  other  instrument  is  filed  in  the  registrar's  office 
for  the  jurpose  of  effecting  a  transfer  of,  or  charge  upon,  registered  lands, 
or  any  estate  or  interest  therein,  and  it  appears  from  such  instrument  that 
the  transfer  or  charge  is  to  be  in  trust,  or  upon  any  condition  or  limitation 
therein  expressed,  the  registrar  shall  note  in  the  certificate,  and  the  duplicate 
thereof,  or  memorial,  the  words  "in  trust,"  or  "upon  condition,"  or  "with 
limitations,"  as  the  case  may  be,  but  no  entry  shall  be  made  of  the  particu- 
lars of  any  such  trust,  conditions,  or  limitations. 

§  68.  The  trustee  or  transferee  in  any  such  instrument  named,  if  the  instru- 
ment contains  the  words  "with  power  of  sale,"  shall  have  power  to  deal 
with  the  land  as  the  owner  thereof;  and  a  bona  fide  purchaser,  mortgagee, 
or  lessee  is  not  bound  to  inquire  into  or  determine  whether  or  not  the  acts  of 
such  trustee  are  in  accordance  Avith  the  terms  and  conditions  of  the  trust. 
When  such  power  is  conferred,  the  registrar  shall  note  upon  the  certificate 
and  duplicate  thereof  the  words  "with  power  of  sale." 

§  69.  If,  however,  such  instrument  does  not  contain  the  words  "with  power 
of  sale,"  such  trustee  shall  have  no  power  to  sell  or  otherwise  deal  with  the 
land  without  an  order  of  court  so  to  do,  duly  given  and  made,  a  certified  copy 
of  which  said  order  shall  be  filed  with  the  registrar,  and  a  memorial  thereof 
entered  upon  the  certificate  of  title,  which  shall  be  conclusive  evidence  as 
against  all  persons  that  the  authority  of  such  trustee  was  duly  executed  in 
accordance  with  the  true  intent  and  meaning  of  the  trust,  condition,  or  limita- 
tion. 

§  70.  A  trustee  under  any  will  admitted  to  probate,  unless  such  power  shall 
have  been  expressly  withheld  by  the  terms  of  such  will,  shall  have  power  to 
deal  with  any  registered  land  held  by  him  in  trust  as  fully  in  every  respect  as 
if  such  lands  belonged  to  him  individually. 

§  71.  The  distribution,  transfer,  leasing,  mortgaging,  or  other  change  in 
the  status  of  the  title  of  registered  land  that  is  within  the  jurisdiction  of  any 
court  by  reason  of  the  pendency  of  probate,  insolvency  or  equity  proceedings, 
shall  be  made  under  the  same  conditions  and  limitations  as  now  or  hereafter 
provided  by  the  law  of  this  state. 

§72.  The  court  in  its  orler  or  decree  making  such  distribution,  transfer, 
leasing,  mortgaging,  or  other  change  in  the  status  of  the  title  of  registered 
land,  shall  direct  the  registrar  to  issue  a  certificate  of  title,  or  to  note  a  me- 


TORRENS    LAND     SYSl  EM.  1309 

morial  of  the  transaction,  as  the  case  may  require,  in  accordance  with  such 
order  or  decree. 

§  73.  The  executor,  administrator,  assignee,  receiver,  or  other  person  acting 
under  the  direction  of  said  court,  shall  file  with  the  registrar  a  certified  copy 
of  such  order  or  decree,  also  the  deed,  lease,  mortgage,  or  other  instrument 
executed  in  accordance  with  such  order  or  decree,  and  also  a  certified  copy  of 
the  order  or  decree  confirming  such  sale,  lease,  mortgage,  or  other  transaction, 
when  such  confirmation  is  required  by  law. 

§  74.  Executors,  administrators,  and  assignees  in  insolvency  shall  have  no 
power  of  sale  of  lands  registered  in  their  names  as  such,  without  an  order  of 
court  obtained  for  that  purpose.  Before  any  certificate  can  be  issued  to  the 
purchaser,  such  sales  shall  be  reported  for  confirmation  to  the  court  under 
whose  authority  such  executor,  administrator,  or  assignee  is  acting,  and  if 
confirmed  a  duly  certified  copy  of  the  order  of  confirmation  shall  be  filed  in 
the  office  of  the  registrar,  and  a  memorial  thereof  entered  upon  the  certificate 
of  title.  Upon  the  filing  of  the  certified  copy  of  such  order  of  confirmation  and 
the  entry  of  such  memorial,  the  registrar  shall  issue  a  certificate  to  the  pur- 
chaser at  such  sale,  which  certificate,  in  addition  to  the  usual  contents  thereof, 
shall  refer  to  the  said  order  of  confirmation.  Such  order  of  confirmation  shall 
be  conclusive  evidence  that  the  sale  was  in  all  respects  conducted  in  accord- 
ance with  law,  and  the  purchaser  shall  not  be  bound  to  inquire  into  the  regu- 
larity of  the  proceeding,  or  power  of  the  executor  or  administrator  to  make 
such  sale. 

§  75.  If  a  testator,  by  his  will,  has  provided  that  the  executor  thereof  shall 
have  a  power  of  sale  of  real  estate,  the  court  shall  direct  the  registrar  to  regis- 
ter the  words  "with  power  of  sale,"  in  respect  of  the  land  of  the  deceased, 
and  suQh  executor  shall  have  power  to  sell  such  land  without  an  order  of  court 
so  to  do,  but  such  sales  must  be  confirmed  by  the  court  in  the  manner  now  or 
hereafter  provided  by  the  law  of  this  state,  and  a  duly  certified  copy  of  the 
order  of  such  confirmation  shall  be  filed  with  the  registrar  before  any  certificate 
of  title  can  be  issued  to  the  purchaser  of  such  land. 

§  76.  Thereupon  the  registrar  shall  issue  the  certificate  of  title,  or  note  the 
memorial,  as  the  case  may  require ;  and  such  certificate  of  title  or  memorial 
noted  shall  be  conclusive  evidence  in  favor  of  all  persons  thereafter  dealing 
with  said  land. 

§  77.  A  purchaser  of  registered  land  sold  for  any  tax  or  assessment,  shall, 
within  one  day  after  such  purchase,  file  in  the  office  of  the  registrar  a  written 
notice  of  such  purchase.  And  thereupon  the  registrar  shall  enter  a  memorial 
thereof  upon  the  certificate  of  title,  and  shall  mail  to  each  person  named  in 
the  certificate,  or  in  the  memorials  thereon,  a  copy  of  said  notice,  a  sufficient 
number  of  said  copies  to  be  furnished  to  the  registrar  by  said  purchaser  at  the 
time  of  filing  said  notice.  In  case  the  state  or  a  municipal  corporation  becomes 
the  purchaser  of  land  sold  for  any  tax  or  assessment,  the  tax  collector  shall, 
within  one  day  thereafter,  file  with  the  registrar  a  notice  to  that  effect.  And 
thereupon  the  registrar  shall  enter  a  memorial  thereof  upon  the  register,  and 
shall  mail  notices  to  interested  parties,  as  in  the  case  of  an  individual  pur- 
chaser.    Unless  such  notice  is  given  as  herein  provided,  the  land  shall  be  for- 


X400  TORRENS    LAND    SYSTEM. 

ever  released  from  the  effect  of  such  sale,  and  no  deed  shall  be  issued  in 
pursuance  thereof. 

§  78.  A  tax  deed  of  registered  land,  or  of  any  estate  or  interest  therein, 
issued  in  pursuance  of  any  sale  for  a  tax  or  assessment  made  after  the  taking 
effect  of  this  act,  may  be  presented  by  the  holder  thereof  to  the  registrar,  who 
shall  thereupon  enter  upon  the  register  a  memorial  of  such  deed;  but  such 
deed,  unless  the  same  shall  have  been  issued  to  the  state,  shall  have  only  the 
effect  of  an  agreement  for  the  transfer  of  the  title,  and  before  any  certificate 
of  title  shall  be  issued  for  the  land  described  in  such  deed,  the  holder  thereof 
must  file  with  the  clerk  of  the  superior  court  an  application  for  a  decree  show- 
ing the  title  to  said  land  to  be  vested  in  him. 

§  79.  All  persons  appearing  upon  the  register  to  be  interested  in  said  land, 
and  also  the  person  who  appears,  by  the  tax  collector's  books  to  have  paid  the 
tax  or  assessment  last  paid  before  the  sale  on  which  the  deed  is  issued,  shall 
be  notified ;  and  any  person  claiming  an  interest  in  the  land  may,  upon  the 
hearing  of  such  application,  shoAv,  as  cause  why  a  certificate  of  title  should  not 
issue  to  the  holder  of  said  deed,  any  fact  that  might  be  shown  in  law  or  in 
equity  on  his  behalf  to  set  aside  such  tax  deed,  and  the  applicant  shall  be 
required  to  show  affirmatively  that  all  the  requirements  of  the  statute  to  entitle 
him  to  a  deed  have  been  complied  with. 

§  80.  Such  application  shall  be  heard  by  the  court,  which  shall  render  a 
decree  showing  the  condition  of  the  title  to  such  land,  and  who  is  the  owner 
thereof,  and  upon  presentation  to  him,  of  a  duly  certified  copy  of  such  decree, 
the  registrar  shall  issue  a  certificate  for  said  land  in  accordance  with  the  terms 
and  conditions  of  said  decree. 

§  81.  In  case  a  tax  deed  of  registered  land  is  issued  to  the  state  or  any 
municipal  corporation,  in  pursuance  of  any  sale  for  a  tax  or  assessment  made 
after  the  taking  effect  of  this  act,  the  registrar  shall,  upon  the  filing  of  such 
deed  in  his  office,  cancel  the  certificate  for  the  land  in  said  deed  described,  and 
issue  a  new  certificate  to  the  state  therefor. 

§  82.  The  notice  required  in  section  eighty  shall  be  given  upon  all  persons 
residing  in  the  state  by  personal  service,  and  upon  all  persons  living  out  of  the 
state  by  mail  and  by  publication  in  the  manner  now  or  hereafter  required  by 
the  laws  of  this  state  in  an  action  to  quiet  title.  If  such  personal  service  be 
made  by  a  sheriff  or  constable,  his  certificate,  and  if  by  any  other  person,  his 
affidavit,  shall  be  sufficient  proof  thereof.  In  case  the  place  of  residence  of 
any  person  is  not  known  to  the  registrar  or  the  holder  of  such  deed,  notice  shall 
be  given  by  publication  in  a  newspaper  of  general  circulation  in  the  county 
in  which  the  land  is  situated,  at  least  once  a  week  for  four  consecutive  weeks. 
Proof  of  such  publication  must  be  made  in  the  manner  now  or  hereafter  re- 
quired by  the  laws  of  this  state. 

§  83.  Upon  presentation  to  him  of  a  certificate  of  redemption  from  any  tax 
sale,  the  registrar  shall  cancel  the  memorial  of  said  sale  upon  the  certificate  of 
title. 

§  84.  In  proceedings  for  partition  of  registered  land,  proof  must  be  made 
that  all  persons,  shown  by  the  register  of  title  to  be  interested  in  the  land,  have 
been  made  parties  to  such  proceeding. 


TORRENS     LAND     SYSTEM.  1401 

§  85.  On  confirmation  of  the  report  of  the  commissioners  setting  off  regis- 
tered lands  in  proceedings  for  partition,  it  shall  be  the  duty  of  the  parties 
to  whom  the  lands  are  allotted,  to  cause  a  certified  copy  of  the  judgment  or 
decree  to  be  filed  with  the  registrar.  Thereupon  the  registrar  shall  transfer 
the  same  upon  the  register,  and  issue  certificates  of  title  to  the  persons  entitled 
thereto,  as  shown  by  said  decree. 

§  86.  Whenever,  in  proceedings  for  partition  of  registered  land,  the  court 
shall  order  a  sale  of  such  land,  and  the  same  is  sold  under  such  order,  the 
purchaser  shall  file  with  the  registrar  a  certified  copy  of  the  order  confirming 
said  sale,  together  with  certificate  of  the  officer  holding  the  writ,  that  the 
terms  of  the  sale  have  been  complied  with.  Thereupon,  the  registrar  shall 
transfer  said  land  upon  the  register,  and  issue  a  certificate  of  title  to  the  pur- 
chaser, therefor. 

§  87.  When  a  tenant  in  common  has  given  any  mortgage,  or  granted  any 
other  lien  or  interest  upon  his  undivided  interest,  and  the  same  is  set  off  in 
severalty  in  proceedings  for  partition,  such  mortgage,  lien,  or  other  interest 
shall  attach  only  to  the  lands  so  set  oft',  and  the  registrar  shall  note  the  same 
upon  a  new  register  of  title,  and  a  new  certificate  of  title,  and  shall  indorse  a 
memorandum  of  the  partition  upon  the  instrument  creating  such  lien,  mort- 
gage, or  other  interest,  if  the  same  be  on  file  in  his  office,  before  a  new  certificate 
of  title  shall  be  issued  therefor. 

§  88.  Whenever  registered  land  shall  be  sold  to  satisfy  any  judgment,  de- 
cree, or  order  of  court,  the  purchaser  shall  file  with  the  registrar  a  duly 
certified  copy  of  the  order  of  sale,  or  of  the  order  confirming  such  sale,  when 
the  same  needs  to  be  confirmed  by  the  court,  and  also  the  certificate,  if  any, 
of  the  officer,  that  the  terms  of  sale  have  been  complied  with,  and  thereupon 
the  registrar  shall  transfer  the  land  to  him,  and  issue  a  new  certificate  of  title 
therefor  to  said  purchaser. 

§  89.  No  suit,  bill,  or  proceeding  at  law  or  in  equity  for  any  purpose  what- 
ever, affecting  registered  land,  or  any  estate  or  interest  therein,  or  any  charge 
upon  the  same,  shall  be  deemed  to  be  lis  pendens  or  notice  to  any  person  deal- 
ing with  the  same  until  notice  of  the  pendency  of  such  suit,  bill,  or  proceeding 
shall  be  filed  with  the  registrar  and  a  memorial  thereof  entered  by  him  upon 
the  register  of  the  last  certificate  of  the  title  to  be  affected ;  provided,  however, 
this  section  shall  not  apply  to  attachment  proceedings  when  the  officer  making 
the  levy  shall  file  his  certificate  as  hereinafter  provided. 

§  90.  When  any  suit,  bill,  or  proceeding  affecting  registered  lands  has  been 
dismissed  or  otherwise  disposed  of,  or  any  judgment,  decree,  or  order  has  been 
satisfied,  released,  reversed,  or  modified,  or  any  levy  of  execution,  attachment, 
or  other  process  has  been  released,  discharged,  or  otherwise  disposed  of,  it 
shall  be  the  duty  of  the  sheriff,  or  the  clerk  of  the  court  in  which  such  pro- 
ceedings were  pending,  or  had,  as  the  case  may  be,  forthwith,  under  his  hand, 
and,  if  the  clerk,  under  the  seal  of  the  court,  to  certify  to  and  file  with  the 
registrar,  an  instrument  showing  such  discharge  or  release.  Upon  the  same 
being  filed,  the  registrar  shall  enter  a  memorial  of  such  discharge  on  the  regis- 
ter. The  costs  of  such  certificate  and  memorial  shall  be  taxed  as  other  costs  in 
the  case. 


1402  TORRENS     LAND     SYSTEM. 

§  91.  No  judgment,  or  decree,  or  order  of  any  court  shall  be  a  lien  on  or 
in  anywise  affect  registered  land,  or  any  estate  or  interest  therein,  until  a 
certified  copy  of  such  judgment,  decree,  or  order,  under  the  hand  and  official 
seal  of  the  clerk  of  the  court  in  which  the  same  is  of  record,  is  filed  in  the 
office  of  the  registrar,  and  a  memorial  of  the  same  is  entered  upon  the  register 
of  the  last  certificate  of  the  title  to  be  affected. 

§  92.  Whenever  registered  land  is  levied  upon  by  virtue  of  any  writ  of 
attachment,  execution,  or  other  process,  it  shall  be  the  duty  of  the  officer  mak- 
ing such  levy  forthwith  to  file  with  the  registrar  a  certificate  of  the  fact  of 
such  levy,  a  memorial  of  which  shall  be  entered  upon  the  register;  and  no 
lien  shall  arise  by  reason  of  such  levy  until  the  filing  of  such  certificate  and  the 
entry  in  the  register  of  such  memorial,  any  notice  thereof,  actual  or  construc- 
tive, to  the  contrary  notwithstanding, 

§  93.  Notice  of  liens  under  the  provisions  of  the  mechanics'  lien  laws  of 
this  state  shall  be  filed  in  the  registrar's  office,  and  a  memorial  thereof,  entered 
by  him  upon  the  register,  as  in  the  case  of  other  charges,  and  such  liens  may 
be  enforced  as  now  or  hereafter  allowed  b}^  law.  Until  such  notice  is  so  filed 
and  registered,  no  lien  shall  be  deemed  to  have  been  created. 

§  94.  "When  in  a  city,  town,  or  county,  an  ordinance,  resolution,  or  order 
is  passed  or  made,  to  lay  out,  establish,  alter,  widen,  grade,  regrade,  relocate, 
or  construct  or  repair  a  street,  sidewalk,  drain  or  sewer,  or  to  make  any  other 
public  improvement,  or  to  do  any  work,  the  whole  or  a  portion  of  the  expense 
for  which  assessments  may  be  made  upon  real  estate,  if  any  registered  land  or 
any  land  included  in  an  application  for  registration  then  pending  is  affected 
by  the  act  or  proceeding  and  liable  to  such  assessment,  the  clerk  of  the  board 
passing  such  ordinance,  resolution,  or  order  shall,  within  five  days  after  the 
passage  of  such  ordinance,  resolution,  or  order,  file  in  the  registrar's  office  a 
notice  of  the  passage  thereof,  and  a  memorial  shall  thereupon  be  noted  on  the 
register.  In  case  of  the  repeal  of  such  ordinance,  resolution,  or  order,  the 
clerk  of  said  board,  and  in  case  of  the  satisfaction  of  any  lien  thereunder,  the 
superintendent  of  streets  or  other  officer  required  by  law  to  collect  and  receive 
such  assessments,  shall,  within  five  days  thereafter,  notify  the  registrar,  who 
shall  thereupon  cancel  such  memorial. 

§  95.  No  statutory  or  other  lien  shall  be  deemed  to  affect  the  title  to  regis- 
tered land  until  after  a  memorial  thereof  is  entered  upon  the  register,  as  herein 
provided,  except  in  cases  of  liens  for  labor  performed  for  a  corporation,  as 
provided  in  the  act  of  the  legislature  of  the  state  of  California,  approved  March 
thirty-first,  eighteen  hundred  and  ninety-one. 

§  96.  The  certificate  of  the  clerk  of  the  court  in  which  any  suit,  bill,  or 
proceeding  shall  have  been  pending,  or  any  judgment  or  decree  is  of  record, 
that  such  suit,  bill,  or  proceeding  has  been  dismissed  or  otherwise  disposed  of, 
or  the  judgment,  decree,  or  order  has  been  satisfied,  released,  reversed,  or  over- 
ruled, or  of  any  sheriff  or  other  officer  that  the  levy  of  any  execution,  attach- 
ment, or  other  process  certified  by  him  has  been  released,  discharged,  or 
otherwise  disposed  of,  being  filed  in  the  registrar's  office  and  noted  upon  the 
register,  shall  be  sufficient  to  authorize  the  registrar  to  cancel  or  otherwise 
treat  the  memorial  of  such  suit,  bill,  proceeding,  judgment,  decree,  or  levy, 
according  to  the  purport  of  such  certificate. 


TORREIVS     liAND     SYSTEM.  1403 

§  97.  After  a  title  has  been  registered  and  a  certificate  issued  therefor,  or 
after  a  memorandum,  notation,  or  memorial  has  been  made  on  the  register  of 
title  and  has  been  attested,  no  correction,  alteration,  or  erasure  shall  be  made 
therein  or  thereof,  except  in  the  manner  herein  provided. 

§  98.  Whenever  it  appears  to  the  registrar  that  there  is  an  error  or  omis- 
sion in  any  certificate  or  memorial,  or  that  any  certificate  or  memorial  has 
been  made,  entered,  indorsed,  issued,  or  canceled  by  mistake,  he  may  apply  to 
the  court  for  an  order  summoning  all  persons  registered  as  interested  in  the 
lands  to  which  such  certificate  or  memorial  relates,  to  appear  at  an  appointed 
time  and  place  and  produce  their  duplicate  certificates  and  show  cause  why 
such  omission  or  mistake  should  not  be  corrected,  and  shall  thereupon  enter 
a  memorial  of  such  application  on  the  register. 

§  99.  If  at  the  time  and  place  appointed  all  such  persons  appear  and  con- 
sent, the  court  may  order  and  direct  the  registrar  to  correct  any  such  error, 
omission,  or  mistake  on  the  register  and  on  any  duplicate  certificate,  and  may 
direct  the  cancelation  of  any  certificate  or  memorial  entered  by  mistake. 

§  100.  If  such  persons,  or  any  of  them,  fail  to  appear,  or  do  not  consent,  the 
court  may  proceed  to  hear  testimony  as  to  such  alleged  error,  omission,  or 
mistake,  and  if  it  appear  to  the  satisfaction  of  the  court  that  an  error,  omis- 
sion, or  mistake  has  been  made,  he  shall  order  and  direct  the  registrar  to 
correct  the  same  and  to  cancel  or  modify  such  certificates  or  memorials  as 
may  be  necessary  to  correct  such  error  or  mistake.  When  such  error  or  mis- 
take has  been  caused  by  the  fault  or  neglect  of  the  registrar,  the  costs  of  such 
proceedings  shall  be  paid  by  the  state ;  if  by  the  fault  of  any  person  registered 
as  interested  in  such  land,  by  such  person.  A  certified  copy  of  the  order  of 
court,  directing  the  correction  of  any  error,  omission,  or  mistake  in  respect  to 
any  certificate  or  memorial,  shall  be  filed  in  the  registrar's  office  before  such 
correction  shall  be  entered  or  made. 

§  101.  Nothing  in  this  act  shall  be  construed  to  in  anywise  affect  or  modify 
the  exercise  of  the  right  of  eminent  domain.  When  any  suit  or  proceeding 
shall  have  been  brought  in  the  exercise  of  such  right  for  the  taking  of  regis- 
tered land,  or  any  interest  therein,  or  to  test  the  validity  of  any  such  taking, 
or  to  ascertain  and  establish  the  amount  of  damage  by  reason  of  any  such 
taking,  it  shall  be  the  duty  of  both  parties  to  the  proceeding  to  see  that  a  certi- 
fied copy  of  the  judgment  or  decree  therein  is  duly  filed  and  a  memorial  thereof 
entered  upon  the  register ;  but  in  the  case  of  the  assessment  of  damages,  no 
such  memorial  shall  be  entered  by  the  registrar  until  such  damages  have  been 
paid,  in  which  event  the  register  shall  also  show  the  payment  of  such  damages; 
provided,  however,  that  the  deposit  with  the  treasurer,  as  allowed  by  law,  of 
such  damages,  shall  be  deemed  a  payment  thereof,  and  in  such  case  the  treas- 
urer shall  forthwith  file  with  the  registrar  a  certificate  of  such  deposit,  and 
thereupon  a  memorial  thereof  shall  be  entered  upon  the  register.  Upon  the 
filing  of  the  certified  copy  of  the  order  or  decree  of  the  court  and  the  payment 
of  damages,  the  registrar  shall  note  on  the  register  of  title  of  the  owners 
whose  lands  have  been  appropriated,  a  description  of  the  land  so  appropriated, 
and  shall  register  in  the  name  of  the  person,  corporation,  or  other  body  entitled 
thereto,  the  title  of  the  land  taken,  and  issue  a  certificate  therefor. 


-1404  TORRENS     JLAND     SYSTEM. 

§  102.  The  registrar  shall  keep  property  indices,  the  pages  of  which  shall 
be  divided  into  columns,  showing  first,  the  section  or  subdivision ;  second,  the 
range  or  block;  third,  the  township  or  lot;  fourth,  any  further  description 
necessary  to  identify  the  land;  fifth,  the  name  of  the  registered  owner;  sixth, 
the  volume ;  and  seventh,  the  page  of  the  register  in  which  the  lands  are  regis- 
tered. 

§  103.  He  shall  also  keep  name  indices,  the  pages  of  which  shall  be  divided 
into  columns,  showing  in  alphabetical  order,  first,  the  names  of  all  registered 
owners  and  all  other  persons  interested  in  or  holding  charges  upon  registered 
land ;  second,  the  nature  of  the  interest ;  third,  a  brief  description  of  the  land ; 
fourth,  the  volume ;  and  fifth,  the  page  of  the  register  in  which  the  lands  are 
registered. 

§  104.  An  owner  of  an  undivided  interest  in  registered  lands  may  bring 
an  action  for  the  partition  thereof.  A  notice  of  such  action  shall,  at  the  time 
of  the  commencement  thereof,  be  filed  with  the  registrar  and  a  memorial  en- 
tered by  him  upon  the  register.  A  certified  copy  of  any  judgment  or  decree 
rendered  in  pursuance  of  such  action  shall  be  filed  with  the  registrar,  who  shall 
thereupon  issue  new  certificates  in  accordance  therewith. 

§  105.  Whenever,  under  the  provisions  of  this  act,  any  interest  in,  or  lien, 
encumbrance,  or  charge  upon  registered  land,  arises  adversely  to  the  registered 
owner  without  voluntary  action  by  him,  and  not  in  pursuance  of  a  judgment 
or  decree  of  court,  such  registration  shall  not  be  conclusive  of  the  regularity 
of  any  proceedings  or  instruments  by  means  of  which  such  interest,  lien,  en- 
cumbrance, or  charge  arose,  or  the  validity  of  the  same,  and  shall  have  no 
greater  force  and  effect  than  would  the  recording,  in  case  the  land  were  not 
registered,  of  an  instrument  creating  a  similar  interest,  lien,  encumbrance,  or 
charge. 

§  106.  In  the  case  of  fraud,  any  person  defrauded  shall  have  all  rights  and 
remedies  that  he  would  have  had  if  the  lands  were  not  under  the  provisions 
of  this  act;  provided,  that  nothing  contained  in  this  section  shall  affect  the 
title  of  a  registered  owner  who  has  taken  bona  fide  for  a  valuable  considera- 
tion, or  of  any  person  bona  fide  claiming  through  or  under  him. 

§  107.  In  case  of  an  appeal  from  any  proceeding  under  this  act,  or  from 
any  judgment,  order,  or  decree  affecting  registered  lands,  the  clerk  of  the 
court  in  which  the  notice  of  appeal  is  filed  shall  forthwith  notify  the  registrar 
thereof,  and  thereupon  the  registrar  shall  enter  upon  the  register  a  memorial 
of  such  appeal. 

§  108.  All  fees  collected  by  the  registrar  under  the  provisions  of  this  act 
shall  be  accounted  for,  paid,  disbursed,  and  disposed  of  by  him  in  the  same 
manner  that  fees  collected  by  him  as  county  recorder  are  now  or  may  hereafter 
be  by  law  accounted  for,  paid,  disbursed  and  disposed  of.  Should  there  be  a 
surplus  in  any  year,  such  surplus  shall  be  carried  into  the  general  fund,  and 
be  subject  to  appropriation  for  any  purpose.  In  case  such  fees  shall  not 
amount  to  the  sum  required  for  the  administration  of  this  act,  the  deficiency 
shall  be  paid  from  any  funds  in  the  treasury  not  otherwise  appropriated. 

§  109.  All  books,  blanks,  papers,  and  all  things  necessary  for  the  purpose 
of  carrying  out  the  provisions  of  this  act,  shall  be  furnished  by  the  board  of 
supervisors,  at  the  expense  of  the  county. 


TORREKS     LAND     SYSTEM.  1405 

§  110.  The  attorney-general,  state  controller,  and  secretary  of  state  shall 
prepare  a  uniform  system  of  books,  blanks,  and  forms  for  the  nse  of  the  pnbli« 
officers  required  to  perform  duties  under  this  act,  and  such  forms,  and  none 
other,  shall  be  used  by  such  officers. 

§  111.  Whoever  fraudulently  procures,  assists  in  fraudulently  procuring,  or 
is  privy  to  the  fraudulent  procurement  of  any  certificate  of  title  or  other  in- 
strument, or  of  any  entry  in  the  register  or  other  book  kept  in  the  registrar's 
office,  or  of  any  erasure  or  alteration  in  any  entry  in  any  said  book,  or  in  any 
instrument  authorized  by  this  act,  or  knowingly  defrauds  or  is  privy  to  de- 
frauding any  person  by  means  of  a  false  or  fraudulent  instrument,  certificate, 
statement,  or  affidavit  affecting  registered  land,  shall  be  guilty  of  a  felony,  and 
fined  not  exceeding  five  thousand  dollars,  or  be  imprisoned  not  exceeding  five 
years  nor  less  than  one  year,  or  either,  or  both,  in  the  discretion  of  the  court. 

§  112.  Whoever  (1)  forges,  or  procures  to  be  forged,  or  assists  in  forging 
the  seal  of  the  registrar,  or  the  name,  signature,  or  handwriting  of  any  officer 
of  the  registry  office  in  cases  where  such  officer  is  expressly  or  impliedly  au- 
thorized to  affix  his  signature;  or  (2)  fraudulently  stamps,  or  procures  to  be 
stamped,  or  assists  in  stamping  any  document  wuth  any  forged  seal  of  said 
registrar;  or  (3)  forges,  or  procures  to  be  forged,  or  assists  in  forging  the 
name,  signature,  or  handwriting  of  any  person  whomsoever  to  any  instrument 
which  is  expressly  or  impliedly  authorized  to  be  signed  by  such  person;  or  (4) 
uses  any  document  upon  which  any  impression,  or  part  of  the  impression,  of 
any  seal  of  said  registrar  has  been  forged,  knowing  the  same  to  have  been 
forged,  or  any  document  the  signature  to  which  has  been  forged,  knowing  the 
same  to  have  been  forged;  or  (5)  swears  falsely  concerning  any  matter  or  pro- 
cedure made  and  done  in  pursuance  of  this  act,  shall  be  guilty  of  a  felony,  and 
imprisoned  not  exceeding  ten  years,  nor  less  than  one  j^ear,  or  fined  not  exceed- 
ing five  thousand  dollars,  or  both  fined  and  imprisoned,  in  the  discretion  of 
the  court. 

§  113.  No  proceeding  or  conviction  for  any  act  hereby  declared  to  be  a  mis- 
demeanor or  a  felony  shall  affect  any  remedy  which  any  person  aggrieved  or 
injured  by  such  act  may  be  entitled  to  at  law  or  in  equity  against  the  person 
who  has  committed  such  act,  or  against  his  estate,  or  against  the  registrar, 
or  upon  his  bond. 

§  114.  First — The  fees,  in  respect  of  applications  and  proceedings  under 
them  prior  to  registration,  shall  be  the  same  as  in  actions  in  the  superior 
court. 

Second — There  shall  be  paid  to  the  registrar: 

For  issuing  a  certificate  of  title,  including  one  duplicate  thereof,  one  dollar 
and  fifty  cents. 

For  each  additional  duplicate,  fifty  cents. 

For  registering  each  transfer,  including  the  issue  and  registration  of  the  new 
certificate,  one  dollar  and  fifty  cents. 

For  entry  of  each  memorial  on  the  register,  including  the  indorsement  upon 
the  duplicate  certificates,  one  dollar. 

For  the  cancelation  of  each  certificate,  memorial,  or  charge,  twenty-five 
cents. 


1406  TORREIVS     LAND      SYSTEM— TOW-PATHS. 

For  each  certificate  showing  condition  of  register,  one  dollar  and  fifty  cents. 

For  filing  any  instrument,  or  for  a  certified  copy  of  the  register,  or  of  any 
instrument  or  writing  on  file  in  his  office,  the  same  fees  allowed  by  law  to 
recorders  for  like  services. 

§  115.  This  act  shall  be  construed  liberally  so  far  as  may  be  necessary  for 
the  purpose  of  effecting  its  general  intent,  but  does  not  adopt  by  implication 
the  construction  of  any  similar  legislation  of  other  jurisdictions  which  this 
act  may  to  any  extent  have  followed. 

§  116.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first  day 
of  July,  eighteen  hundred  and  ninety-seven. 

A    special    commission    was    appointed    to  (Gen.    Laws    1901,    348,    eh.    CCXXXVII)    has 

Investigate   the   Torrens   Land  Transfer  Act  received    construction    in    Reed    vs.    SiddaU, 

of   Australia,    Stats.    1893,    121,    ch.    CIV.  89  Minn.  417,    (February  10,  1905)    102  N.  W. 

The    foregoing    act    is    the    result    of    the  Rep.   453,   sub   rxom.   Reed  vs.   Carlson,    95   N. 

commission's    report.  W.    Rep.    303    (construing    §28);    Dewey    vs. 

"Land  Transfers  Ancient  and  Modern,"  Kimball,  89  Minn.  454,  95  N.  W.  Rep.  317, 
article  in  10  Va.  Law  Reg.  365.  See  9  Va.  895,  96  Id.  704  (construction  of  §  20,  pro- 
Law    Reg.    935.  viding  how   summons   shall   be   served   upon 

"The  Torrens   System." — See  articles   in   8  unknown    defendants);    National    Bond    and 

American    Lawyer    398,    466;    54    Cent.    L.    J.  Security  Co.  vs.  Daskam,   91  Minn.   81,   97  N. 

282;    1    Mich.    Law   Rev.    444.  W.   Rep.    458    (construing  §6). 

Same — "Its   Practical  Operation   in   Massa-  Oliio  Torrens  Act    (April  27,  1896),  held  to 

cliiLsetts,"  article   in    54   Cent.   L.   J.    285.  confer  judicial  authority  on   the  county  re- 

Tlie  Illinois  Torrens  law  for  the  registra-  corder  in  violation  of  the  Ohio  constitution, 
tion  of  titles  (111.  Laws  1895,  82),  providing  art.  IV,  §1,  by  giving  to  him  authority  to 
for  an  examination  by  the  recorder  of  deeds  determine  the  fact  that  a  mortgage  has  been 
or  registrar  of  titles  of  the  facts  in  rela-  discharged,  or  that  a  lien  has  become  inop- 
tion  to  the  title  to  land,  and  the  issuing  of  erative.  and  to  enter  this  fact  on  the  rec- 
a  certificate  of  ownership,  held  to  consti-  ords;  and  also  to  correct  memorials  made  or 
tute  an  unconstitutional  delegation  of  ju-  issued  by  mistake,  where  the  rights  of  bona 
dicial  power,  even  though  the  effect  of  such  fide  purchasers  or  lienholders  had  not  inter- 
certificate  be  simply  to  start  the  running  vened. — State  ex  rel.  Monnett  vs.  Guilbert, 
of  a  statute  of  limitations. — People  ex  rel.  56  Ohio  St.  575,  60  Am.  St.  Rep.  756,  47  N. 
Kern  vs.  Chase,  165  111.  527,  46  N.  E.  Rep.  E.  Rep.  551,  38  L.  R.  A.  519. 
454,    36   L.   R.   A.    105.  "Virginia   Torrens    System,"   article    in    35 

Minnesota  Torrens  Land  Registration  Act  Am.   L.   Rev.   727. 

TOW-PATHS. 

To  provide  for  the  location  of  tow-patlis  along  the  banks  of  navigable  streams. 
(Stats.  1871-2,  940,  ch.  DCXXXII.) 

§  1.  The  board  of  supervisors  of  each  county  in  the  state  may,  when  public 
convenience  for  the  purpose  of  commerce  requires  it,  cause  to  be  located  and 
opened  a  tow-path,  not  exceeding  ten  feet  in  width,  along  the  bank  or  banks 
of  any  navigable  stream  within  the  county. 

§  2.  In  order  to  locate  and  open  such  tow-path,  the  same  proceedings  in 
regard  to  petition,  viewers,  etc.,  shall  be  taken  as  are  now  by  law  required 
to  be  taken  in  the  respective  counties  of  this  state  for  the  purpose  of  locating 
and  opening  public  roads  and  highways. 

§  3.  The  owner  or  owners  of  any  land  over  which  a  tow-path  shall  be  located 
and  opened  shall  not  be  deprived  of  the  water  frontage  nor  of  the  free  use 
and  enjoyment  of  any  land  so  located,  subject  only  to  the  right  of  the  public  to 
use  the  same  for  the  purposes  of  commerce. 

§  4.  It  shall  not  be  necessary  to  construct  or  maintain  fences  on  either  side 
of  any  tow-path  so  located,  but  the  board  of  supervisors  may  make  all  neces- 


TOWN    SITES — INCORPORATED  TOWNS.  1407 

sary  rules  and  regulations  for  tlie  government  and  management  of  tow-paths, 
and  may  provide  for  the  erection  of  gates  thereon  and  for  the  full  and  com- 
plete protection  of  the  property  through  which  the  same  passes. 
§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

TOWNSHIP    OFFICERS. 

See  tit.  Fees  of  Officers. 

TOWN  SITES— INCORPORATED  TOWNS. 

To  authorize  and  direct  the  municipal  authorities  of  the  several  cities  and 
incorporated  towns  of  this  state  to  execute  certain  trusts  in  relation  to  the 
town  lands  granted  to  the  incorporated  cities  and  towns  in  this  state,  by 
the  act  of  Congress  entitled  "An  act  for  the  relief  of  the  inhabitants  of 
cities  and  towns  upon  the  public  lands,"  approved  March  second,  eighteen 
hundred  and  sixty-seven. 
(Stats.  1867-8,  487,  ch.  CCCCI;  amended  1871-2,  237,  ch.  CXCVII.) 

§  1.  It  shall  be  the  duty  of  the  board  of  trustees,  or  other  corporate  author- 
ities, of  any  city  or  incorporated  town  in  this  state,  to  enter  at  the  proper  land 
office  of  the  Un-'^ed  States  such  quantity  of  land  as  the  inhabitants  of  any 
incorporated  city  or  town  may  be  entitled  to  claim,  in  the  aggregate,  according 
to  their  population,  in  the  manner  required  by  the  laws  of  the  United  States 
and  the  regulations  prescribed  by  the  secretary  of  the  interior  of  the  United 
States,  and  by  order  entered  upon  their  minutes  of  proceedings,  at  a  regular 
meeting,  to  authorize  the  presiding  officer  and  clerk  of  such  board  or  other 
corporate  authority,  attested  by  the  seal  of  such  corporation,  to  make  and  sign 
all  necessary  declaratory  statements,  certificates  and  affidavits,  or  other  instru- 
ments requisite  to  carry  into  eft'ect  the  intentions  of  this  act  and  the  intentions 
of  the  act  of  Congress  of  the  United  States  entitled  "An  act  for  the  relief  of  the 
inhabitants  of  cities  and  towns  upon  the  public  lands,"  approved  March  second, 
eighteen  hundred  and  sixty-seven,  and  to  make  proof,  when  required,  of  the 
facts  necessary  to  establish  the  claim  of  such  inhabitants  to  the  lands  so  granted 
by  said  act  of  Congress. 

§  2.  The  corporate  authorities  of  every  city  and  incorporated  town,  situ- 
ated upon  the  public  lands  of  this  state,  shall  within  three  months  after  date 
of  receipt  at  the  United  States  district  land  office  of  the  approved  plat  of  the 
township,  embracing  the  lands  upon  which  the  town  or  city  is  situated,  file  in 
said  land  office  an  application  in  writing,  describing  the  tract  of  land  thus 
occupied,  and  thereafter  make  proof  and  payment  for  the  tract  in  the  manner 
required  by  law.     [Amendment,  Stats.  1871-2,  237.] 

§  3.  The  said  corporate  authorities  shall,  after  the  filing  of  their  applica- 
tion, if  not  previously  done,  cause  a  survey  to  be  made  by  some  competent 
person,  of  the  lands  which  the  inhabitants  of  said  city  or  town  may  be  entitled 
to  claim  under  the  said  act  of  Congress,  located  according  to  the  legal  subdi- 
visions of  the  sections  and  by  the  section  lines  of  the  United  States,  and  the 
same  shall  be  distinctly  marked  by  suitable  monuments;  such  survey  shall 
further  particularly  designate  all  streets,  roads,  lanes,  and  alleys,  public 
squares,  churches,  school  lots,  cemeteries  and  commons,  as  the  same  exist  and 


1408  TOWJV    SITES— INCORPORATED    TOWNS— TRUSTS    IN   RELATION    TO. 

have  been  heretofore  dedicated  in  any  manner  to  public  use,  and  by  measure- 
ment the  precise  boundaries  and  area  of  each  and  every  lot  or  parcel  of  land 
and  premises  claimed  by  any  person,  corporation,  or  association  within  said 
city  or  town  site  shall  be  designated  on  the  map,  showing  the  name  or  names 
of  the  possessor,  or  occupants  and  claimants  if  other  than  the  occupant  of  each 
particular  lot  and  parcel  of  land ;  and  in  case  of  any  disputed  claim  as  to  lots, 
lands,  premises,  or  boundaries,  the  said  surveyor,  if  the  same  be  demanded  by 
any  person,  shall  designate  the  lines  in  different  color  from  the  body  of  the 
plat  of  such  part  of  any  premises  so  disputed  or  claimed  adversely.  A  plat 
thereof  shall  be  made  in  duplicate,  on  a  scale  of  not  less  than  eighty  feet  to 
one  inch,  which  shall  be  duly  certified  under  oath  by  the  surveyor,  one  of 
which  shall  be  filed  with  the  county  recorder  of  the  county  wherein  the  town  is 
situated,  and  one  shall  be  deposited  with  the  city  or  town  clerk.  These  plats 
shall  be  considered  public  records,  and  shall  each  be  accompanied  with  a  copy 
of  the  field-notes,  and  the  county  recorder  shall  make  a  record  thereof  in  a 
book  to  be  kept  by  him  for  that  purpose.  The  said  surveyor  shall  number  the 
blocks  as  divided  by  the  roads  and  streets  opened  at  the  time  of  making  such 
survey,  and  shall  number  the  several  lots  consecutively  in  each  block,  and  all 
other  parcels  of  land  within  said  town  or  city  surveyed  as  herein  provided, 
which  said  numbers  shall  be  a  sufficient  description  of  any  parcel  of  land  in 
said  plats,  field-notes,  and  records,  and  certified  copies  thereof  shall  be  prima 
facie  evidence  of  the  contents  and  correctness  thereof  in  all  the  courts  of  this 
state.     [Amendment,  Stats.  1871-2,  237.] 

§  4.  Before  proceeding  to  make  such  survey,  at  least  ten  days'  notice  there- 
of shall  be  given,  by  posting  within  the  limits  of  such  town  site  not  less  than 
five  written  or  printed  notices  of  the  time  when  such  survey  shall  commence, 
and  by  publication  thereof  in  any  newspaper  or  newspapers  published  in  the 
city  or  town  if  there  be  one.  The  survey  of  said  town  lands  shall  be  made  to 
the  best  advantage  and  at  the  least  expense  to  the  holders  and  claimants 
thereof;  and  said  corporate  authorities  are  hereby  authorized  to  receive  bids 
for  such  surveying,  and  to  let  the  same  by  contract  to  the  lowest  competent 
bidder. 

§  5.  All  streets,  roads,  lanes  and  alleys,  public  squares,  cemeteries  and  com- 
mons, surveyed,  marked  and  platted  on  the  map  of  any  town  site,  as  prescribed 
and  directed  by  the  provisions  of  this  act,  shall  be  deemed  and  considered,  and 
they  are  hereby  declared  to  be,  dedicated  to  public  use  by  the  filing  of  such 
town  plat  in  the  office  of  the  county  recorder,  shall  become  the  property  of 
such  town  or  city,  and  shall  be  subject  to  the  control  of  the  board  of  trustees 
or  other  municipal  authority  of  such  town  or  city. 

§  6.  Each  lot  or  parcel  of  said  lands  having  thereon  valuable  improvements 
or  buildings  ordinarily  used  as  dwellings  or  for  business  purposes,  not  exceed- 
ing one  tenth  of  one  acre  in  area,  shall  be  rated  and  assessed  by  the  said  cor- 
porate authorities  at  the  sum  of  one  dollar;  each  lot  or  parcel  of  such  lands 
exceeding  one  tenth  and  not  exceeding  one  eighth  of  one  acre  in  area  shall  be 
rated  and  assessed  at  the  sum  of  one  dollar  and  fifty  cents ;  each  lot  or  parcel  of 
such  lands  exceeding  in  area  one  eighth  of  one  acre  and  not  exceeding  one  quarter 
of  an  acre  shall  be  rated  and  assessed  at  the  sum  of  two  dollars;  and  each  lot 
or  parcel  of  such  lands  exceeding  one  quarter  of  an  acre  and  not  exceeding  one 


TOWN     SITES— INCORPORATED   TOWNS — ASSESSMENTS,    FEES,    EXPENSES.        1409 

half  of  one  acre  in  area  shall  be  rated  and  assessed  at  the  sum  of  two  dollars 
and  one  half;  and  each  lot  or  parcel  of  land  so  improved,  exceeding  one  half 
acre  in  area,  shall  be  assessed  at  the  rate  of  two  dollars  and  one  half  for  each 
half  an  acre  or  fractional  part  over  half  an  acre ;  and  every  lot  or  parcel  of 
land  inclosed  which  may  not  be  otherwise  improved,  or  uninelosed,  claimed 
by  any  person,  corporation  or  association,  shall  be  rated  and  assessed  at  the 
rate  of  two  dollars  per  acre  or  fractional  part  over  an  acre ;  and  where  upon 
one  parcel  of  land  there  shall  be  two  or  more  separate  buildings  occupied  or 
used  ordinarily  as  dwellings,  or  for  business  purposes,  each  such  building,  for 
the  purposes  of  this  section,  shall  be  considered  as  standing  on  a  separate  lot 
of  land;  but  the  whole  of  said  premises  may  be  conyeyed  in  one  deed;  which 
moneys  so  assessed  shall  be  paid  in  gold  and  silver  coin  of  the  United  States, 
and  shall  be  received  by  the  clerk  and  be  paid  by  him  into  the  city  or  town 
treasury. 

§  7.  Every  person,  company,  corporation  or  association,  claimant  of  any 
town  lot  or  parcel  of  land  within  the  limits  of  such  town  site,  shall  present  to 
the  corporate  authorities,  by  filing  the  same  with  the  clerk  thereof,  wathin  six 
months  after  the  plat  shall  have  been  filed  in  the  office  of  the  county  recorder, 
his,  her  or  their  affidavit,  verified  in  person  or  by  duly  authorized  agent  or 
attorney,  in  which  shall  be  concisely  stated  the  facts  constituting  the  posses- 
sion or  right  of  possession  of  the  claimant,  and  that  the  claimant  is  entitled  to 
the  possession  thereof  as  against  all  other  persons,  to  the  best  of  his  knowledge 
and  belief,  to  which  shall  be  attached  a  copy  of  so  much  of  the  plat  of  said 
town  site  as  will  fully  exhibit  the  particular  lot  or  parcel  of  land  so  claimed, 
with  the  abuttals ;  and  every  such  claimant,  at  the  time  of  filing  such  affidavit, 
shall  pay  to  such  clerk  such  sum  of  money  as  said  clerk  shall  thereon  certify 
to  be  due  for  the  assessment  mentioned  in  section  six  of  this  act,  together  with 
the  further  sum  of  five  dollars,  in  gold  or  silver  coin  of  the  United  States,  to 
be  appropriated  to  the  payment  of  the  expenses  incuri^ed  in  carrying  out  the 
provisions  of  this  act;  and  the  said  clerks  shall  thereupon  give  to  such  claimant 
a  certificate,  attested  by  the  corporate  seal,  containing  a  description  of  the  lot 
or  parcel  of  land  claimed,  and  setting  forth  the  amounts  paid  thereon  by  such 
claimant.  The  corporate  authorities  of  every  such  city  or  town  shall  procure 
a  bound  book  for  each,  wherein  the  said  clerk  shall  make  proper  entries  of  the 
substantial  matters  contained  in  every  such  certificate  issued  by  him,  number- 
ing the  same  in  consecutive  order,  setting  forth  the  name  of  claimant  or  claim- 
ants in  full,  date  of  issue  and  description  of  lot  or  lots  claimed. 

§  8.  If  it  shall  be  found  that  the  amounts  hereinbefore  specified  as  assess- 
ments and  fees  for  cost  and  expenses  shall  prove  to  be  insufficient  to  cover 
and  defray  all  the  necessary  expenses,  the  corporate  authorities  of  every  such 
city  or  town  shall  be  and  they  are  hereby  authorized  and  empowered  to  esti- 
mate the  deficiency  and  to  assess  such  deficiency  pro  rata  upon  all  the  lots 
and  parcels  of  land  or  lands  in  such  town  and  to  declare  the  same  upon 
the  basis  set  down  in  section  six  of  this  act;  which  additional  amount, 
if  any,  may  be  paid  by  the  claimant  at  the  time  when  the  certificate  here- 
inbefore mentioned,  or  at  the  time  when  the  deed  of  conveyance  hereinafter 
provided  for,  shall  be  issued. 

Gen.   Laws— 89 


1410        TOWN    SITES— INCORPORATED    TOWNS— ADVERSE    CLAIMS,    DISPUTES. 

§  9,  At  the  expiration  of  six  months  after  the  issuance  of  the  certificate 
mentioned  in  the  preceding  section,  if  there  shall  have  been  no  adverse  claim 
filed  in  the  mean  time,  the  said  board  of  trustees  or  other  corporate  authority 
shall  execute  and  deliver  to  such  claimant,  or  to  his,  her  or  their  heirs,  admin- 
istrators or  assigns,  a  good  and  sufficient  deed  of  the  premises  described  in  the 
application  of  the  claimant  originally  filed,  which  said  deed  shall  be  signed  and 
acknowledged  by  the  president  or  other  presiding  officer  of  the  municipal 
board  of  officers,  and  clerk,  and  shall  be  attested  by  the  corporate  seal  of  such 
city  or  town.  No  conveyance  of  any  such  lands  made  as  in  this  act  provided 
shall  be  deemed  to  conclude  the  rights  of  third  persons ;  but  such  third  persons 
may  have  their  action  in,  the  premises,  to  determine  alleged  interest  in  such 
lands  against  such  grantee,  his  heirs  or  assigns,  to  which  they  may  deem  them- 
selves entitled  either  in  law  or  equity ;  provided,  that  no  action  for  the  recovery 
of  the  possession  of  such  premises  or  any  portion  thereof  shall  be  maintained 
in  any  court  against  the  grantee  named  therein  or  against  his,  her  or  their 
assigns,  unless  such  action  shall  be  commenced  within  two  years  after  such 
deed  shall  have  been  filed  for  record  in  the  office  of  the  county  recorder  of  the 
county  where  such  lands  are  situate ;  and  provided,  that  nothing  herein  shall 
be  so  construed  to  extend  the  time  of  limitation  prescribed  by  law  for  the 
commencement  of  actions  upon  a  possessory  claim  or  title  to  real  estate,  when 
such  action  is  barred  by  law  at  the  time  of  the  passage  of  this  act;  and  pro- 
vided further,  that  whenever  mining  claims  shall  have  been  located  prior  to 
the  passage  of  this  act,  and  where  the  same  shall  be  prior  in  location  to  the 
claim  of  any  occupant  for  other  purposes,  such  mining  rights,  according  to  the 
metes  and  bounds  so  located  and  claimed,  shall  not  in  any  manner  be  affected 
by  the  provisions  of  this  act ;  nor  shall  any  sale  be  made,  nor  any  title  be  con- 
veyed by  reason  of  any  sale  or  pretended  sale,  of  such  lands  so  claimed  for 
mining  purposes  until  after  the  occupancy  of  such  mining  claims  shall  have 
been  abandoned  by  the  holders  thereof. 

§  10.  In  all  cases  of  adverse  claims  or  disputes  arising  out  of  conflicting 
claims  to  lands  or  boundary  lines,  the  adverse  claimants  may  submit  the  de- 
cision thereof  to  the  corporate  authorities  of  such  city  or  town  by  an  agreement 
in  writing  specifying  particularly  the  subject-matter  in  dispute,  and  may  agree 
that  their  decision  shall  be  final.  The  municipal  board  shall  hear  the  proofs 
and  shall  order  a  deed  to  be  executed  in  accordance  with  the  facts;  but  in  all 
other  cases  of  adverse  claim  the  party  out  of  possession  shall  commence  his 
action  in  a  court  of  competent  jurisdiction  within  six  months  after  the  filing 
of  the  town  plat  in  the  office  of  the  county  recorder.  In  case  such  action  be 
commenced  the  plaintiff  shall  serve  a  notice  lis  pendens  upon  the  president  of 
the  municipal  board,  who  shall  thereupon  stay  all  proceedings  in  the  matter  of 
granting  any  certificate  or  deed  until  the  final  decision  of  such  suit ;  and  upon 
presentation  of  a  certified  copy  of  the  final  decree  of  such  court  in  such  action, 
the  said  board  shall  execute  and  deliver  a  deed  of  such  premises,  in  accordance 
with  the  decree.  In  ease  no  such  action  be  commenced  within  the  time  herein 
prescribed,  the  said  board  shall  deliver  a  deed  to  the  party  in  possession,  as 
provided  in  section  nine  of  this  act. 

§  11.  The  said  board  shall  give  public  notice  by  advertisement  for  four 
weeks  in  any  newspaper  or  newspapers  published  in  the  said  city  or  town,  if 


TOWN    SITES— INCORPORATED    TOWJVS— REDEMPTION    BY    CLAIMANT.        1411 

any  there  be — and  if  there  be  no  newspaper  published  in  said  city  or  town, 
then  by  publication  in  some  newspaper  having  the  most  general  circulation  in 
such  city  or  town — and  not  less  than  five  written  or  printed  notices  posted 
within  the  limits  of  such  town  site,  that  the  plat  thereof  has  been  filed  in  the 
recorder's  ofiice.  And  if  any  person,  company,  association  or  other  claimant 
of  lands  in  such  town  shall  fail,  neglect  or  refuse  to  make  application  to  the 
said  board  for  a  deed  of  conveyance  to  the  lands  so  claimed,  and  to  pay  the 
sums  of  money  specified  in  this  act,  within  six  months  after  the  filing  of  said 
plat,  the  clerk  of  said  board  shall  enter  on  his  book  the  names  of  all  such  per- 
sons, with  a  description  of  the  property  or  premises,  and  shall  certify  the 
same  as  delinquent  for  the  amount  of  assessments  certified  to  by  such  clerk 
as  due  under  section  six  of  this  act ;  and  at  the  expiration  of  thirty  days  after 
making  such  entries,  if  such  application  be  not  made  and  such  assessment  be  not 
paid,  the  said  board  shall  proceed  to  advertise  all  such  lots  and  parcels  of  land 
for  sale,  in  the  same  manner  as  real  estate  is  required  to  be  advertised  under 
execution. 

§  12,  At  the  time  of  sale  mentioned  in  said  advertisement,  the  marshal  of 
said  city  or  town  shall  proceed  to  sell  all  such  parcels  of  land  so  remaining 
delinquent,  by  public  auction,  to  the  highest  bidder  for  cash,  at  some  public 
place  within  the  limits  of  said  town  site;  and  he  shall  give  to  the  purchaser  at 
such  sale  a  certificate  of  his  purchase,  setting  forth  therein  the  description  of 
the  premises  sold,  the  amount  paid,  and  that  the  same  is  subject  to  redemp- 
tion, as  prescribed  in  the  next  section ;  provided,  that  no  sale  shall  be  made  for 
less  than  the  whole  amount  of  assessments  and  the  costs  of  making  the  sale, 
which  costs  shall  be  divided  pro  rata  among  the  several  parcels  offered  for 
sale. 

§  13,  At  any  time  within  six  months  after  such  sale  the  original  claimant 
shall  be  entitled  to  redeem  such  premises,  by  paying  to  the  purchaser,  or  to 
the  clerk  of  the  said  board  for  the  purchaser,  double  the  whole  amount  of  the 
purchase  money,  in  gold  and  silver  coin;  but  in  case  no  redemption  be  made, 
the  purchaser,  his  heirs  or  assigns,  shall  be  entitled  to  demand  and  receive 
from  the  said  board  a  deed  of  such  premises,  which  deed  shall  be  absolute  as 
against  the  parties  delinquent,  and  shall  entitle  the  grantee,  his  heirs  or  as- 
signs, to  a  writ  of  assistance  from  the  district  court  having  jurisdiction  of  the 
premises. 

§  14,  If  there  shall  be  any  unoccupied  or  vacant  unclaimed  lands  within  the 
limits  of  such  town  site,  the  said  board  shall  cause  the  same  to  be  laid  out  and 
surveyed  into  suitable  blocks  and  lots,  and  shall  reserve  such  portions  as  may 
be  deemed  necessary  for  public  squares  and  school-house  lots,  and  shall  cause 
all  necessary  roads,  streets,  lanes  and  alleys  to  be  laid  out  through  the  same  and 
dedicated  to  public  use;  and  the  said  board  may  sell  the  same  in  suitable  par- 
cels to  possessors  of  adjoining  lands,  or  to  other  citizens  of  said  town,  at  a 
price  not  less  than  five  dollars  per  acre  or  fraction  of  an  acre  in  gold  coin; 
and  in  case  two  or  more  claimants  apply  for  the  same  tract,  or  parcel  of  the 
same  tract,  they  shall  sell  the  same  by  auction  to  the  highest  bidder.  And  if 
any  such  lands  remain  unsold  at  the  end  of  six  months  after  the  filing  of  the 
town  plat,  the  said  board  shall  have  power  and  authority  to  sell  such  vacant 


1412         TOWN    SITES — INCORPORATED    TOWNS — EXPENSES — INFORMALITIES. 

lands  at  public  or  private  sale  in  such  manner  and  on  such  terms  as  they  may 
deem  advisable  for  the  best  interests  of  the  town,  and  shall  give  deeds  therefor 
to  the  several  purchasers. 

§  15.  All  school  lots  and  parcels  of  land  reserved  for  school  purposes  shall 
be  conveyed  to  the  school  trustees  of  the  school  district  in  which  such  town  is 
situate,  without  cost  or  charge  of  any  kind  whatever. 

§  16.  If  any  person  shall  falsely  make  oath  to  any  affidavit  required  to  be 
made  by  this  act,  he  or  she  shall  be  deemed  guilty  of  perjury  and  upon  con- 
viction shall  be  punished  accordingly. 

§  17.  If  any  guardian  or  administrator,  or  tenant,  joint  tenant,  tenant  in 
common,  coparcener  or  partner  in  the  possession  of  any  of  the  lands  mentioned 
in  this  act,  shall  fraudulently  procure,  or  cause,  permit,  suffer  or  allow  any 
deed  to  be  obtained  therefor,  for  his  or  her  sole  benefit,  or  by  his  or  her  neglect 
allow  the  same  to  be  done  by  others,  such  deed  shall  be  null  and  void  and  shall 
convey  no  title;  and  an  action  may  be  brought  by  any  party  injured  or 
aggrieved  thereby,  or  claiming  any  interest  in  such  premises,  for  the  recovery 
of  such  interest,  at  any  time  within  five  years  after  the  discovery  of  such 
fraud. 

§  18.  All  moneys  required  to  be  paid  by  any  person  under  this  act  shall  be 
paid  in  gold  and  silver  coin ;  except  that  for  the  payment  of  the  price  of  the 
land  to  the  government  of  the  United  States,  the  municipal  boards  shall  be 
authorized  and  required  to  purchase,  at  the  market  price,  so  much  in  legal  ten- 
der notes  as  may  be  requisite  therefor. 

§  19.  All  expenses  necessarily  incurred  or  contracted  by  the  carrying  into 
effect  of  the  provisions  of  this  act  shall  become  a  charge  upon  the  city  or  town 
treasury  of  each  particular  city  or  town  ordering  the  work  to  be  done,  to  be 
paid  out  of  the  treasury,  upon  order  of  the  corporate  authorities;  and  all 
moneys  paid  for  lands  or  to  defray  the  expenses  of  carrying  into  effect  the 
provisions  of  this  act  shall  be  paid  into  the  city  or  town  treasury  by  the 
officers  receiving  the  same,  and  shall  constitute  a  special  fund,  from  which 
shall  be  paid  all  expenses,  and  the  surplus,  if  any  there  be,  shall  be  paid  into 
the  general  fund. 

§  20.  No  mere  informality,  failure  or  omission  on  the  part  of  any  of  the 
persons  or  officers  named  in  this  act  shall  invalidate  the  acts  of  such  person  or 
officer;  but  every  certificate  or  deed  granted  to  any  person  pursuant  to  the 
provisions  of  this  act  shall  be  deemed,  taken  and  considered  as  conclusive  evi- 
dence that  all  preliminary  proceedings  in  relation  thereto  have  been  correctly 
taken  and  performed ;  provided,  that  the  city  of  Petaluma  is  hereby  excepted 
and  exempted  from  the  provisions  of  this  act. 

§  21.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Special   act   relating   to   Mendocino   County    Stats.    1S60,    287,    eh.    CCCVIII. 


TO^V]V    SITES— PUBLIC   LANDS — EXECUTION    OF   TRUSTS   AS   TO,  1413 

TOWN  SITES— PUBLIC  LANDS. 

Amendatory  of  and  supplemental  to  an  act  to  authorize  and  direct  the  county 
judges  of  the  several  counties  of  this  state  to  execute  certain  trusts  in  rela- 
tion to  the  town  lands  granted  to  the  unincorporated  towns  in  this  state  by 
the  act  of  Congress  entitled  ''An  act  for  the  relief  of  the  inhabitants  of 
cities  and  towns  upon  the  public  lands,"  approved  March  second,  eighteen 
hundred  and  sixty-seven. 

(Stats.  1867,  692;  amended  1873-4,  37;  and  entirely  superseded  by  1885,  115, 

ch.  CXXXII.) 

§  1.  It  shall  be  the  duty  of  each  of  the  persons  who  may  be  acting  as  a  supe- 
rior judge  and  judge  of  the  superior  court  of  any  county  in  this  state  to  enter 
at  the  proper  land  oflfice  of  the  United  States  such  quantity  of  land  as  the  inhabi- 
tants of  any  unincorporated  town,  situated  in  the  county  of  such  superior  judge,- 
may  be  entitled  to  claim  in  the  aggregate,  according  to  their  [its]  population,  in 
the  manner  required  by  the  laws  of  the  United  States,  and  the  regulations  pre- 
scribed by  the  secretary  of  the  interior  of  the  United  States,  and  to  make  and  sign 
all  necessary  declaratory  statements,  certificates,  and  affidavits,  or  other  instru- 
ments requisite  to  carry  into  effect  the  intentions  of  this  act,  and  the  intention  of 
the  act  of  Congress  of  the  United  States  entitled  "An  act  for  the  relief  of  the  in- 
habitants of  cities  and  towns  upon  the  public  lands,"  approved  March  second, 
eighteen  hundred  and  sixty-seven,  and  to  make  proof,  when  required,  of  the 
facts  necessary  to  establish  the  claim  of  such  inhabitants  to  the  lands  so  granted 
by  said  act  of  Congress.     [Amendment,  Stats.  1885,  115.] 

§  2.  The  superior  judge  of  any  county  in  this  state,  whenever  he  shall  be  so 
requested  by  a  petition  signed  by  not  less  than  five  residents,  householders  in 
any  unincorporated  town,  whose  names  appear  upon  the  assessment  roll  for  the 
year  preceding  such  application,  which  petition  shall  set  forth  the  existence, 
name,  and  locality  of  such  town ;  whether  such  town  is  situated  on  surveyed  or 
unsurveyed  lands,  and  if  on  surveyed  lands  the  quarter-sections  or  lesser  subdi- 
vision covered  thereby  shall  be  stated ;  the  estimated  number  of  its  inhabitants ; 
the  number  of  separate  lots  or  parcels  of  land  within  such  town  site,  and  the 
amount  of  land  to  which  they  are  entitled  under  said  act  of  Congress,  shall  esti- 
mate the  cost  of  entering  such  land,  and  of  the  survey  and  recording  of  the  same, 
and  shall  indorse  such  estimate  upon  said  petition ;  and  upon  receiving  from  any 
of  the  parties  interested  the  amount  of  money  mentioned  in  such  estimate,  the 
said  superior  judge  may,  if  he  shall  deem  it  necessary,  cause  an  enumeration  of 
the  inhabitants  of  such  town  to  be  made  by  some  competent  person,  who  shall  be 
appointed  for  that  purpose  by  such  superior  judge ;  and  such  enumeration  shall 
be  returned  by  the  person  so  making  the  same,  exhibiting  therein  names  of  all 
the  heads  of  families  and  occupants  of  lots,  lands,  or  premises  within  such  town 
site,  alphabetically  arranged,  verified  by  his  oath,  to  the  superior  judge  of  the 
county.     [Amendment,  Stats.  1885,  115.] 

§  3.  The  said  superior  judge  shall  thereupon  cause  a  survey  to  be  made,  by 
some  competent  person,  of  the  lands  which  the  inhabitants  of  said  town  may 
be  entitled  to  claim  under  the  said  act  of  Congress,  located  according  to  the  legal 
subdivision  of  the  sections,  and  by  the  section  lines  of  the  United  States,  and  the 
same  shall  be  distinctly  marked  by  suitable  monuments.     Such  surveys  shall 


1414  TOWN   SITES— PUBLIC   LANDS— EXECUTION    OF   TRUSTS   AS    TO. 

further  particularly  designate  all  streets,  roads,  lanes,  and  alleys,  public  squares, 
churches,  school  lots,  cemeteries,  and  commons,  as  the  same  exist,  and  have  been 
heretofore  dedicated  in  any  manner  to  public  use ;  and  by  measurement,  the  pre- 
cise boundaries  and  area  of  each  and  every  lot  or  parcel  of  land  and  premises 
claimed  by  any  person,  corporation,  or  association,  within  said  town  site,  shall 
be  designated  on  the  plat,  showing  the  name  or  names  of  the  possessor  or  occu- 
pant, and  claimant,  if  other  than  the  occupant,  of  each  particular  lot  and  parcel 
of  land ;  and  in  case  of  any  disputed  claim  as  to  lots,  lands,  premises,  or  bound- 
aries, the  said  surveyor,  if  the  same  be  demanded  by  any  person,  shall  designate 
the  lines  (in  different  color  from  the  body  of  the  plat)  of  such  part  of  any 
premises  so  disputed  or  claimed  adversely.  A  plat  thereof  shall  be  made  in 
triplicate,  on  a  scale  of  not  less  than  eighty  feet  to  one  inch,  which  shall  be  duly 
certified  under  oath  by  the  surveyor,  one  of  which  shall  be  filed  with  the  county 
recorder  of  the  county  wherein  the  town  is  situated,  one  shall  be  deposited  with 
the  superior  judge,  and  one  shall  be  deposited  with  the  justice  of  the  peace  resi- 
dent in  or  nearest  to  such  town.  These  plats  shall  be  considered  public  records, 
shall  each  be  accompanied  with  a  copy  of  the  field-notes,  and  the  county  recorder 
shall  make  a  record  thereof  in  a  book  to  be  kept  by  him  for  that  purpose.  The 
said  surveyor  shall  number  the  blocks,  as  divided  by  the  roads  and  streets  opened 
at  the  time  of  making  such  survey,  and  shall  number  the  several  lots  consecu- 
tively in  each  block,  and  all  other  parcels  of  land  within  said  town  site,  surveyed 
as  herein  provided,  which  said  numbers  shall  be  a  sufficient  description  of  any 
parcel  of  land  in  said  plat,  when  mentioned  by  reference  to  such  town  plat ;  and 
such  plats,  field-notes,  and  records,  and  certified  copies  thereof,  shall  be  prima 
facie  evidence  of  the  contents  and  correctness  thereof  in  all  the  courts  of  this 
state.     [Amendment,  Stats.  1885,  115.] 

§  4.  Before  proceeding  to  make  such  survey,  at  least  ten  days'  notice  shall  be 
given  by  the  superior  judge,  by  posting  within  the  limits  of  such  town  site  not 
less  than  five  written  or  printed  notices  of  the  time  when  such  survey  shall 
commence,  and  by  publication  thereof  in  a  newspaper  published  in  such  town, 
if  one  there  be.  The  survey  of  said  town  lands  shall  be  made  to  the  best  advan- 
tage, and  at  the  least  expense  to  the  holders  and  claimants  thereof ;  and  the  said 
superior  judge  is  hereby  authorized  to  receive  bids  for  such  surveying,  and  to 
let  the  same  by  contract  to  the  lowest  competent  bidder.  [Amendment,  Stats. 
1885,  115.] 

§  5.  All  streets,  roads,  lanes,  and  alleys,  public  squares,  cemeteries,  and  com- 
mons, surveyed,  marked,  and  platted,  on  the  map  of  any  town  site,  as  prescribed 
and  directed  by  the  provisions  of  this  act,  shall  be  deemed  and  considered,  and 
they  are  hereby  declared  to  be  dedicated  to  public  use,  by  the  filing  of  such  town 
plat  in  the  office  of  the  county  recorder,  and  shall  be  inalienable,  unless  by  special 
order  of  the  board  of  supervisors  of  the  county,  so  long  as  such  town  shall  re- 
main unincorporated ;  and  if  such  town  shall  at  any  time  hereafter  become  incor- 
porated, then  the  same  shall  become  the  property  of  such  town  or  city,  and  shall 
be  under  the  care  and  subject  to  the  control  of  the  board  of  trustees,  or  other 
municipal  authority  of  such  town  or  city.     [Amendment,  Stats.  1885,  115.] 

§  6.  Each  lot  or  parcel  of  said  land  having  thereon  valuable  improvements, 
or  buildings  ordinarily  used  as  dwellings  or  for  business  purposes,  not  exceed- 
ing one  tenth  of  one  acre  in  area,  shall  be  rated  and  assessed  by  the  said  superior 


TOWN    SITE:S — PUBLIC    LANDS— EXECUTION    OF    TRUSTS    AS    TO.  1415 

judge  at  the  sum  of  one  dollar;  each  lot  or  parcel  of  such  lands  exceeding  one 
tenth  and  not  exceeding  one  eighth  of  one  acre  in  area,  shall  be  rated  and 
assessed  at  the  sum  of  one  dollar  and  fifty  cents ;  each  lot  or  parcel  of  such  lands 
exceeding  in  area  one  eighth  of  one  acre  and  not  exceeding  one  quarter  of  an 
acre  in  area,  shall  be  rated  and  assessed  at  the  sum  of  two  dollars ;  and  each  lot 
and  parcel  of  such  lands  exceeding  one  quarter  of  an  acre  and  not  exceeding  one 
half  of  one  acre  in  area,  shall  be  rated  and  assessed  at  the  sum  of  two  dollars  and 
one  half;  and  each  lot  or  parcel  of  land  so  improved  exceeding  one  half  an 
acre  in  area,  shall  be  assessed  at  the  rate  of  two  dollars  and  one  half  for  each 
half  an  acre,  or  fractional  part  over  half  an  acre;  and  every  lot  or  parcel  of 
land  inclosed,  which  may  not  be  otherwise  improved,  or  uninclosed,  claimed  by 
any  persons,  corporation,  or  association,  shall  be  rated  and  assessed  at  the  rate 
of  two  dollars  per  acre  or  fractional  part  over  an  acre ;  and  where,  upon  one 
parcel  of  land,  there  shall  be  two  or  more  separate  buildings,  occupied  or  used 
ordinarily  as  dwellings,  or  for  business  purposes,  each  such  building,  for  the 
purposes  of  this  section,  shall  be  considered  as  standing  on  a  separate  lot  of 
land,  but  the  whole  of  such  premises  may  be  conveyed  in  one  deed ;  which  moneys 
so  assessed  shall  be  paid  in  gold  and  silver  coin  of  the  United  States,  and  shall 
constitute  a  fund  from  which  shall  be  reimbursed  or  paid  the  moneys  necessary 
to  pay  the  government  of  the  United  States  for  said  town  lands,  and  interest 
thereon,  if  such  moneys  shall  have  been  loaned  or  advanced  for  the  purpose  and 
expenses  of  their  location,  entry,  and  purchase,  and  the  costs  and  expenses  at- 
tendant upon  the  making  of  such  survey  and  recording  thereof.  [Amendment, 
Stats.  1885,  115.] 

§  7.  Any  sum  of  money  remaining,  after  defraying  all  the  necessary  ex- 
penses of  location,  entry,  surveying,  platting,  and  recording  of  lands,  and  the 
expenses  of  the  superior  judge,  hereinafter  mentioned,  shall  be  deposited  in  the 
ccunty  treasury,  to  the  credit  of  the  fund  of  each  particular  town,  and  shall  be 
kept  separate  by  the  county  treasurer,  to  be  paid  out  by  him  only  on  the  written 
order  of  such  superior  judge,  until  after  the  expiration  of  the  time  for  a  final 
settlement  of  the  affairs  of  such  town  lands,  as  hereinafter  provided,  at  which 
time  any  and  all  balances  of  moneys  so  remaining  to  the  credit  of  each  town 
shall  be  transferred  by  such  county  treasurer  to  the  school  fund  of  the  particu- 
lar school  district  in  which  said  town  shall  be  situated.  [Amendment,  Stats. 
1885,  115.] 

§  8.  Every  person,  corporation,  or  association,  claimant  of  any  town  lot  or 
parcel  of  land  within  the  limits  of  such  town  site,  shall  present  to  the  superior 
judge,  within  six  months  after  the  plat  shall  have  been  filed  in  the  office  of  the 
county  recorder,  his,  her,  or  their  affidavit  verified  in  person,  or  by  duly  au- 
thorized agent,  or  attorney,  in  which  shall  be  concisely  stated  the  facts  consti- 
tuting the  possession  or  right  of  possession  of  the  claimant,  and  that  the  claimant 
is  entitled  to  the  possession  thereof  as  against  all  other  persons,  to  the  best  of 
his  knowledge  and  belief,  to  which  shall  be  attached  a  copy  of  so  much  of  the 
plat  of  said  town  site  as  will  fully  exhibit  the  particular  lot  or  parcel  of  land  so 
claimed,  with  the  abuttals;  and  every  such  claimant,  at  the  time  of  filing  such 
affidavit,  shall  pay  to  such  superior  judge  such  sum  of  money  as  such  judge 
shall  thereon  certify  to  be  due  for  the  assessment  mentioned  in  section  six  of  this 
act,  together  with  the  further  sum  of  five  dollars,  in  the  gold  or  silver  coin  of 


1416  TOWN    SITES— PUBLIC    LANDS— EXECUTION    OF    TRUSTS    AS    TO. 

the  United  States,  to  be  appropriated  to  the  payment  of  the  expenses  incurred  in 
carrying  out  the  provisions  of  this  act ;  and  the  superior  judge  shall  thereupon 
give  to  such  claimant  a  certificate  containing  a  description  of  the  lot  or  parcel  of 
land  claimed,  and  setting  forth  the  amounts  paid  thereon  by  such  claimant.  The 
superior  judge  shall  procure  a  bound  book  for  each  town  in  his  county,  wherein 
he  shall  make  proper  entries  of  the  substantial  matters  contained  in  every  such 
certificate  issued  by  him,  numbering  the  same  in  consecutive  order,  setting  forth 
the  name  of  the  claimant  or  claimants,  in  full,  date  of  issue,  and  description  of 
lot  or  lots  claimed.     [Amendment,  Stats.  1885,  115.] 

§  9.  If  it  shall  be  found  that  the  amounts,  hereinbefore  specified  as  assess- 
ments and  fees  for  costs  and  expenses,  shall  prove  to  be  insufficient  to  cover  and 
defray  all  the  necessary  expenses,  the  superior  judge  shall  be  and  he  is  hereby 
empowered  to  estimate  the  deficiency,  and  to  assess  such  deficiency  pro  rata  upon 
all  the  lots  and  parcels  of  lands  in  such  town,  and  to  declare  the  same  upon  the 
basis  set  down  in  section  six  of  this  act,  which  additional  amount,  if  any  may  be 
paid  by  the  claimant  at  the  time  when  the  certificate  hereinbefore  mentioned, 
or  at  the  time  when  the  deed  of  conveyance  hereinafter  provided  for,  shall  be 
issued.     [Amendment,  Stats.  1885,  115.] 

§  10.  At  the  expiration  of  six  months  after  the  issuance  of  the  certificate 
mentioned  in  the  preceding  section,  if  there  shall  have  been  no  adverse  claim 
filed  in  the  mean  time,  the  said  judge  shall  make,  execute,  acknowledge,  and 
deliver  to  each  claimant,  or  to  his,  her,  or  their  heirs,  administrators,  or  assigns, 
a  good  and  sufficient  deed  of  the  premises  described  in  the  application  of  the 
claimant  originally  filed.  No  conveyance  of  any  such  lands,  made  as  in  this  act 
provided,  shall  be  deemed  to  conclude  the  rights  of  third  persons;  but  such  third 
persons  may  have  their  actions  in  the  premises  to  determine  alleged  interest  in 
such  lands  against  such  grantee,  his  heirs,  or  assigns,  to  which  they  may  deem 
themselves  entitled  either  in  law  or  equity;  provided,  that  no  action  for  the 
recovery  of  the  possession  of  such  premises,  or  any  portion  thereof,  shall  be 
maintained  in  any  court  against  the  grantee  named  therein,  or  against  his,  her, 
or  their  assigns,  unless  such  action  shall  be  commenced  within  two  years  after 
such  deeds  shall  have  been  filed  for  record  in  the  office  of  the  county  recorder  of 
the  county  where  such  lands  are  situated ;  and,  provided,  that  nothing  herein 
shall  be  construed  to  extend  the  time  of  limitation  prescribed  by  law  for  the 
commencement  of  actions  upon  a  possessory  claim  or  title  to  real  estate  when 
such  action  is  barred  by  law  at  the  time  of  the  passage  of  this  act;  provided 
further,  that  whenever  mining  claims  shall  have  been  located  and  held  bona 
fide  for  mining  purposes,  such  mining  rights,  according  to  the  metes  and  bounds 
of  [lands]  so  located  and  claimed,  shall  not  in  any  manner  be  afi'ected  by  the  pro- 
visions of  this  act ;  nor  shall  any  sale  be  made,  nor  any  title  be  conveyed,  by  reason 
of  any  sale  or  pretended  sale  of  such  lands  so  claimed  for  mining  purposes,  until 
after  the  occupancy  of  such  mining  claims  shall  have  been  abandoned  by  the 
holders  thereof.      [Amendment,  Stats.  1885,  115.] 

^  11.  In  all  cases  of  adverse  claims,  or  disputes  arising  out  of  conflicting 
claims  to  lands  or  boundary  lines,  the  adverse  claimants  may  submit  the  decision 
thereof  to  the  superior  judge  by  an  agreement  in  writing,  specifying  particu- 
larly the  subject-matter  in  dispute,  and  may  agree  that  his  decision  shall  be 
final ;  in  Avhich  case  the  said  judge  may  hear  the  proofs,  and  shall  execiite  a  deed 


TOWN    SITES— PUBLIC    LANDS— EXECUTION    OF    TRUSTS    AS    TO.  1417 

in  accordance  therewith ;  but'  in  all  other  cases  of  adverse  claim  the  party  out  of 
possession  shall  commence  his  action  in  a  court  of  competent  jurisdiction,  within 
six  months  after  the  filing  of  the  town  plat  in  the  office  of  the  county  recorder. 
In  case  such  action  be  commenced,  the  plaintiff  shall  serve  a  notice,  lis  pen- 
dens, upon  the  superior  judge,  who  shall  thereupon  stay  all  proceedings  in  the 
matter  of  granting  any  certificate  or  deed  until  the  final  decision  of  such  suit; 
and  upon  presentation  of  a  certified  copy  of  the  final  decree  of  such  court  in  such 
action,  the  superior  judge  shall  execute  and  deliver  a  deed  of  such  premises  in 
accordance  with  the  decree.  In  case  no  such  action  be  commenced  within  the 
time  herein  prescribed,  the  superior  judge  shall  deliver  his  deed  to  the  party  in 
possession,  as  provided  in  section  ten  of  this  act.     [Amendment,  Stats.  1885,  115.] 

§  12.  The  superior  judge  shall  give  public  notice  by  advertisement  for  four 
weelcs  in  some  newspaper  published  in  the  county,  if  one  there  be,  and  if  there  be 
no  newspaper  published  in  said  county,  then  by  not  less  than  five  written  or  ■ 
printed  notices  posted  within  the  limits  of  such  town  site,  that  the  plat  thereof 
has  been  filed  in  the  recorder's  office;  and  if  any  person,  company,  or  association, 
or  other  claimants  of  lands  in  such  town,  shall  fail,  neglect,  or  refuse  to  make 
application  to  the  said  superior  judge  for  a  deed  of  conveyance  of  the  lands  so 
claimed,  and  to  pay  the  sum  of  money  specified  in  this  act,  within  six  months 
after  the  filing  of  said  plat,  the  superior  judge  shall  enter  on  his  book  the  names 
of  all  such  persons,  with  a  description  of  the  property  or  premises,  and  shall 
certify  the  same  as  delinquent  for  the  amount  of  assessments  certified  to  by  such 
judge  as  due  under  section  six  of  this  act ;  and  at  the  expiration  of  thirty  days 
after  making  such  entries,  if  such  application  be  not  made  and  such  assessment 
be  not  paid,  the  said  judge  shall  proceed  to  advertise  all  such  lots  and  parcels  of 
land  for  sale  in  the  same  manner  as  real  estate  is  required  to  be  advertised  under 
execution.     [Amendment,  Stats.  1885,  115.] 

§  13.  At  the  time  of  sale  mentioned  in  said  advertisement,  said  judge  shall 
proceed  to  sell  all  such  parcels  of  land  so  remaining  delinquent,  by  public 
auction,  to  the  highest  bidder  for  cash,  at  some  public  place  within  the  limits 
of  said  town  site ;  and  he  shall  give  to  the  purchaser  at  such  sale  a  certificate  of 
his  purchase,  setting  forth  therein  a  description  of  the  premises  sold,  the  amount 
paid,  and  that  the  same  is  subject  to  redemption,  as  prescribed  in  the  next  sec- 
tion; provided,  that  no  sale  shall  be  made  for  less  than  the  whole  amount  of 
assessments  and  the  cost  of  making  the  sale,  which  costs  shall  be  divided  pro 
rata  among  the  several  parcels  offered  for  sale.     [Amendment,  Stats.  1885,  115.] 

§  14.  At  any  time  within  six  months  after  such  sale  the  original  claimant 
shall  be  entitled  to  redeem  such  premises,  by  paying  to  the  purchaser,  or  to  the 
superior  judge  for  purchaser,  double  the  whole  amount  of  the  purchase  money, 
in  gold  and  silver  coin ;  but,  in  case  no  redemption  be  made,  the  purchaser,  his 
heirs,  or  assigns,  shall  be  entitled  to  demand  and  receive  from  the  superior 
judge  a  deed  of  such  premises,  which  deed  shall  be  absolute  as  against  the  parties 
delinquent,  and  shall  entitle  the  grantee,  his  heirs,  or  assigns,  to  a  writ  of  assist- 
ance from  the  superior  court  having  jurisdiction  of  the  premises.  [Amendment, 
Stats.  1885,  115.] 

§  15.  If  there  shall  be  any  unoccupied  or  vacant  unclaimed  lands  within  the 
limits  of  such  town  site,  the  said  judge  shall  cause  the  same  to  be  laid  out  and 


1418  TOWN    SITES— PUBLIC    LANDS— EXECUTION    OP    TRUSTS    AS    TO. 

surveyed  into  suitable  blocks  and  lots,  and  shall  reserve  such  portions  as  shall 
be  deemed  necessary  for  public  squares  and  school-house  lots ;  and  shall  cause  all 
necessary  roads,  streets,  lanes,  and  alleys  to  be  laid  out  through  the  same  and 
dedicated  to  public  use ;  and  the  said  judge  may  sell  the  same  in'  suitable  parcels 
to  possessors  of  adjoining  lands,  or  to  other  citizens  of  said  town,  at  a  price  not 
less  than  one  dollar  per  acre,  or  fraction  of  an  acre,  in  gold  coin ;  and  in  ease  two 
or  more  claimants  apply  for  the  same  tract,  or  parcel  of  the  same  tract,  he  shall 
sell  the  same  by  auction  to  the  highest  bidder;  and  if  any  such  lands  remain 
unsold  at  the  end  of  six  months  after  the  filing  of  the  town  plat,  the  said  judge 
shall  proceed  in  the  same  manner  and  at  the  same  time  that  any  delinquent  lands 
shall  be  sold,  to  sell  such  vacant  lands  to  the  highest  bidder  for  cash,  and  shall 
give  deeds  therefor  to  the  several  purchasers.     [Amendment,  Stats.  1885,  115.] 

§  16.  All  school  lots  and  parcels  of  land  reserved  for  school  purposes,  as 
aforesaid,  by  order  of  the  superior  judge,  shall  be  conveyed  to  the  school  trustees 
of  the  school  district  in  which  such  town  is  situate,  without  cost  or  charge  of 
any  kind  whatever.     [Amendment,  Stats.  1885,  115.] 

§  17.  If  any  person  shall  falsely  make  oath  to  any  affidavit  required  to  be 
made  by  this  act,  he  or  she  shall  be  deemed  guilty  of  perjury,  and,  upon  con- 
viction, shall  be  punished  accordingly.     [Amendment,  Stats.  1885,  115.] 

§  18.  If  any  guardian  or  administrator,  or  tenant,  joint  tenant,  tenant  in 
common,  coparcener,  or  partner  in  the  possession,  of  any  of  the  lands  men- 
tioned in  this  act,  shall  fraudulently  procure,  or  cause,  permit,  suffer,  or  allow 
any  deed  to  be  obtained  therefor,  for  his  or  her  sole  benefit,  or  by  his  or  her 
neglect  allow  the  same  to  be  done  by  others,  such  deed  shall  be  null  and  void, 
and  shall  convey  no  title,  and  an  action  may  be  brought  by  any  party  injured  or 
aggrieved  thereby  or  claiming  any  interest  in  such  premises,  for  the  recovery  of 
such  interest,  at  any  time  within  five  years  after  the  discovery  of  such  fraud. 
[Amendment,  Stats.  1885,  115.] 

§  19.  In  case  a  vacancy  shall  occur  from  any  cause  in  the  office  of  superior 
judge  during  the  pendency  of  any  of  the  proceedings  to  be  taken  under  this 
act,  upon  the  election  or  appointment  of  a  successor,  it  shall  be  the  duty  of  the 
county  clerk  to  make  out  a  certificate,  under  seal,  showing  the  facts  and  name  of 
such  succe.ssor,  and  file  the  same  with  the  county  recorder,  who  shall  record  such 
certificate  in  a  book  of  deeds,  and  shall  attach  the  original  to  the  town  plat  book 
in  his  office.     [Amendment,  Stats.  1885,  115.] 

§  20.  For  services  performed  under  this  act,  the  superior  judge  shall  be 
entitled  to  receive,  out  of  the  moneys  provided  for,  to  be  paid  into  his  hands,  the 
sum  of  one  dollar  per  mile  for  all  travel  necessarily  performed  by  him  on  such 
duty;  for  every  deed  executed  by  him,  the  sum  of  five  dollars,  as  provided  in 
section  eight  of  this  act,  which  shall  include  the  acknowledgment  and  revenue 
stamp  thereon  required;  and  for  every  certificate  issued  by  him,  the  sum  of 
fifty  cents.     [Amendment,  Stats.  1885,  115.] 

§  21.  All  moneys  required  to  be  paid  by  any  person  under  this  act,  shall  be 
paid  in  gold  and  silver  coin,  except  that  for  the  payment  of  the  price  of  the 
land  to  the  government  of  the  United  States,  the  superior  judge  shall  be  author- 
ized and  requested  to  purchase,  at  the  market  price,  so  much  in  legal  tender 
notes  as  may  be  requisite  therefor.     [Amendment,  Stats.  1885,  115.] 


TRADE-MARKS— ON    BOTTLES,    ETC. — PROTECTION    OP.  1410 

§  22.  Every  superior  judge,  when  fulfilling  the  duties  imposed  upon  him  by 
the  act  of  Congress  aforesaid,  and  by  this  act,  shall  keep  a  correct  account  of  all 
moneys  received  and  paid  out  by  him.  He  shall  deposit  all  surplus  moneys  with 
the  county  treasurer  of  his  county,  and  at  the  end  of  one  year  from  the  time 
when  the  town  plat  of  any  town  shall  be  filed  in  the  county  recorder's  office  he 
shall  settle  up  all  the  affairs  pertaining  to  said  town,  and  shall  pay  over  to  the 
county  treasurer  all  moneys  belonging  to  said  town,  for  the  use  and  benefit  of 
the  school  district  in  which  said  town  may  be  situate;  provided,  that  if  any 
claims  to  lands  in  such  town  shall  be  the  subject  of  litigation,  the  same  shall  be 
finally  settled  by  such  superior  judge,  whenever  the  final  decree  of  court  shall 
be  served  upon  him.     [Amendment,  Stats.  1885,  115.] 

§  23.  Whenever  the  affairs  of  any  such  town  shall  be  finally  settled  and  dis- 
posed of  by  such  superior  judge,  he  shall  deposit  all  books  and  papers  relating 
thereto,  in  the  superior  court  of  his  county,  to  be  thereafter  kept  in  the  custody 
of  the  county  clerk  as  public  records,  subject  to  the  inspection  of  any  citizen. 
(Amendment,  Stats.  1885,  115.] 

§  24.  No  mere  informality,  failure,  or  omission,  on  the  part  of  any  of  the 
persons  or  officers  named  in  this  act,  shall  invalidate  the  acts  of  such  person  or 
officer,  but  every  certificate  or  deed  granted  to  any  person  pursuant  to  the  pro- 
visions of  this  act,  shall  be  deemed,  taken,  and  considered  as  conclusive  evidence 
that  all  preliminary  proceedings  in  relation  thereto  have  been  correctly  taken 
and  performed.     [Amendment,  Stats.  1885,  115.] 

§  25.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage ; 
provided,  that  the  towns  of  Shasta  and  Red  Bluff  shall  be  and  are  hereby  ex- 
cepted and  exempted  from  the  operation  of  its  provisions.  [Amendment,  Stats. 
1885,  115.] 

Biddick  vs.  Kobler.  110  Cal.  191,  194,  42  Pac.  Rep.  578;  County  Amador  vs.  Gilbert,  133 
Cal.   51,   52.   65  Pac.  Rep.   130. 

See   next  foUowing  statute,   and   tit.   Municipal   Corporations. 

TRADE-MARKS— BOTTLES. 

To  protect  the  owners  of  bottles,  boxes,  siphons,  and  kegs  used  in  the  sale  of 
soda  waters,  mineral  or  aerated  waters,  porter,  ale,  cider,  ginger  ale,  milk, 
cream,  small  beer,  lager  beer,  weiss  beer,  beer,  white  beer,  or  other  beverages. 

(Stats.  1891,  217,  ch.  CLIV;  amended  1903,  83,  ch.  LXXV.) 

§  1.  Any  and  all  persons  engaged  in  manufacturing,  bottling,  or  selling  soda 
waters,  mineral  or  aerated  waters,  porter,  ale,  beer,  cider,  ginger  ale,  milk, 
cream,  small  beer,  lager  beer,  weiss  beer,  white  beer,  or  other  beverages  in  bottles, 
siphons,  or  kegs,  with  his,  her,  its,  or  their  name  or  names,  or  other  marks  or 
devices  branded,  stamped,  engraved,  etched,  and  blown,  impressed,  or  otherwise 
produced  upon  such  bottles,  siphons,  or  kegs,  or  the  boxes  used  by  him,  her,  it, 
or  them,  may  file  in  the  office  of  the  clerk  of  the  county  in  which  his,  her, 
its,  or  their  principal  place  of  business  is  situated,  and  also  in  the  office  of  the 
secretary  of  state,  a  description  of  the  name  or  names,  marks  or  devices,  so  used 
by  him,  her,  it,  or  them,  respectively,  and  cause  such  description  to  be  printed 
once  in  each  week  for  three  weeks  successively,  in  a  newspaper  published  in  the 
county  in  v/hich  said  notice  may  have  been  filed  as  aforesaid. 


1420  TRADE-MARKS— ON    BOTTLES,    ETC.— PROTECTION    OF. 

§  2.  It  is  hereby  declared  to  be  unlawful  for  any  person  or  persons,  corpora- 
tion or  corporations,  to  fill  with  soda  waters,  mineral  or  aerated  waters,  porter, 
ale,  cider,  ginger  ale,  milk,  cream,  beer,  small  beer,  lager  beer,  weiss  beer,  white 
beer,  or  other  beverages,  or  with  medicine  compounds,  or  mixtures,  any  bottle, 
box,  siphon,  or  keg,  so  marked  or  distinguished,  as  aforesaid,  with  or  by  any 
name,  mark,  or  device,  of  which  a  description  shall  have  been  filed  and  published, 
as  provided  in  section  one  of  this  act,  or  deface,  erase,  obliterate,  cover  up,  or 
otherwise  remove  or  conceal  any  such  name,  mark,  or  device  thereon,  or  to  sell, 
buy,  give,  take,  or  otherwise  dispose  of  or  traffic  in  the  same,  without  the  writ- 
ten consent  of,  or  unless  the  same  shall  have  been  purchased  from  the  person  or 
persons,  corporation  or  corporations,  whose  mark  or  device  shall  be  or  shall  have 
been  in  or  upon  the  bottle,  box,  siphon,  or  keg  so  filled,  trafficked  in,  used,  or 
handled  as  aforesaid.  Any  person  or  persons  or  corporation  offending  against 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  punished  for  the  first  offense  by  imprisonment  not  less  than  ten  days  nor 
more  than  six  months,  or  by  a  fine  of  fifty  cents  for  each  and  every  such  bottle, 
box,  siphon,  or  keg  so  filled,  sold,  used,  disposed  of,  bought,  or  trafficked  in,  or  by 
both  such  fine  and  imprisonment;  and  for  each  subsequent  offense  by  imprison- 
ment not  less  than  twenty  days  nor  more  than  one  year,  or  by  a  fine  of  not  less 
than  one  dollar  nor  more  than  five  dollars,  for  each  and  every  bottle,  box,  siphon, 
and  keg  so  filled,  sold,  used,  disposed  of,  bought  or  trafficked  in,  or  by  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  magistrate  before  whom  the 
offense  shall  be  tried. 

§  3.  The  use  by  any  person  other  than  the  person  or  persons,  corporation  or 
corporations,  whose  device,  name  or  mark  shall  be  or  shall  have  been  upon  the 
same,  without  such  written  consent  or  purchase,  as  aforesaid,  of  any  such  mark 
or  distinguished  bottle,  box,  siphon,  or  keg,  a  description  of  the  name,  mark,  or 
device  whereon  shall  have  been  filed  and  published,  as  herein  provided,  for  the 
sale  therein  of  soda  waters,  mineral  or  aerated  waters,  porter,  ale,  eider,  ginger 
ale,  milk,  cream,  beer,  small  beer,  lager  beer,  weiss  beer,  wiiite  beer,  or  other 
beverages,  or  any  article  of  merchandise,  medicines,  compounds,  or  preparations, 
or  for  the  furnishing  of  such  or  similar  beverages  to  customer,  or  the  buying, 
selling,  using,  disposing  of,  or  trafficking  in  of  any  such  bottles,  boxes,  siphons, 
or  kegs,  by  any  person  other  than  said  persons  or  corporations  having  a  name, 
mark,  or  device  thereon,  or  such  owner  without  such  written  consent,  or  the  hav- 
ing by  any  junk  dealer,  or  dealer  in  second-hand  articles,  possession  of  any  such 
bottles,  bt)xes,  siphons,  or  kegs,  a  description  of  the  marks,  names,  or  devices 
wherein  shall  have  been  so  filed  and  published  as  aforesaid,  without  such  written 
consent,  shall  and  is  hereby  declared  to  be  presumptive  evidence  of  the  said 
unlawful  use,  purchase,  or  traffic  in  of  such  bottles,  boxes,  siphons,  or  kegs. 

§  4.  Whenever  any  person,  persons,  or  corporations,  mentioned  in  section  one 
of  this  act,  or  his,  her,  its,  or  their  agent,  shall  make  oath  before  any  magistrate 
that  he,  she,  or  it  has  reason  to  believe,  and  does  believe,  that  any  of  his,  her,  or 
their  bottles,  boxes,  siphons  or  kegs,  a  description  of  the  names,  marks,  or  devices 
whereon  has  been  so  filed  and  published,  as  aforesaid,  are  being  unlawfully  used 
or  filled,  or  had  by  any  person  or  corporation  manufacturing  or  selling  soda, 
mineral,  or  aerated  waters,  porter,  ale,  cider,  ginger  ale,  milk,  cream,  small  beer, 
Jager  beer,  weiss  beer,  white  beer,  and  other  beverages,  or  that  any  junk  dealer, 


TRADE-MARKS — ON     BOTTLES,    ETC PROTECTION     OF.  142X 

or  dealer  iu  second-hand  articles,  vendor  of  bottles,  or  any  other  person  or  cor- 
poration, has  any  such  bottles,  boxes,  siphons,  or  kegs,  in  his,  her,  or  its  pos- 
session, or  secreted  in  any  place,  the  said  magistrate  must  thereupon  issue  a 
search  warrant  to  discover  and  obtain  the  same,  and  may  also  cause  to  be  brought 
before  him  the  person  in  whose  possession  such  bottles,  boxes,  siphons,  or  kegs 
may  be  found,  and  then  inquire  into  the  circumstances  of  such  possession ;  and  if 
said  magistrate  finds  that  such  person  has  been  guilty  of  a  violation  of  section 
two  of  this  act,  he  must  impose  the  punishment  therein  prescribed,  and  he  shall 
also  award  possession  of  the  property  taken  upon  such  search  warrant  to  the 
owner  thereof. 

§  5.  The  requiring,  taking  or  accepting  of  any  deposit  for  any  purpose,  upon 
any  bottle,  box,  siphon,  or  keg  shall  not  be  deemed  or  constitute  a  sale  of  such 
property,  either  optional  or  otherwise,  in  any  proceeding  under  this  act, 
[Amendment,  Stats.  1903,  83.] 

§  6.  Any  person  or  persons,  corporation  or  corporations,  that  has  or  have 
heretofore  filed  in  the  offices  mentioned  in  section  one  of  this  act  a  description 
of  the  name  or  names,  marks  or  devices,  upon  his,  her,  their,  or  its  property 
therein  mentioned,  and  has  caused  the  same  to  be  published  according  to  the 
laws  existing  at  the  time  of  such  filing  and  publication,  shall  not  be  required  to 
again  file  and  publish  such  description  to  be  entitled  to  the  benefits  of  this  act ; 
and  any  person  or  persons,  corporation  or  corporations,  having  complied  with 
the  provisions  of  this  act  may  as  a  part  of  the  sale,  assignment  or  transfer  of  all 
his,  her,  their  or  its  said  bottles,  boxes,  siphons,  or  kegs,  used  as  aforesaid,  with 
his,  her,  their  or  its  name  or  names  or  other  marks  or  devices,  branded,  stamped, 
engraved,  etched,  and  blown,  impressed  or  otherwise  produced  upon  such  bottles, 
boxes,  siphons  and  kegs,  to  any  other  person  or  persons,  corporation  or  corpora- 
tions, engaged  in  manufacturing,  bottling,  or  selling  soda  waters,  mineral  or 
aerated  waters,  porter,  ale,  beer,  cider,  ginger  ale,  milk,  cream,  small  beer,  lager 
beer,  weiss  beer,  white  beer  or  other  beverages,  sell,  assign,  and  transfer  the  sole 
and  exclusive  right  of  using  said  name  or  names,  marks  and  devices  in  said  busi- 
ness. And  in  the  event  of  such  sale,  transfer  or  assignment  as  aforesaid,  or  in 
the  event  of  the  transfer  by  operation  of  law  or  by  sale  under  order  of  any  court 
of  the  entire  business  of  such  person  or  persons,  corporation  or  corporations,  or 
of  the  entire  stock  of  bottles,  boxes,  siphons,  or  kegs  belonging  to  them,  him,  her 
or  it,  to  any  person  or  persons,  corporation  or  corporations,  engaged  in  manu- 
facturing, bottling  or  selling  soda  waters,  mineral  or  aerated  waters,  porter,  ale, 
beer,  eider,  ginger  ale,  milk,  cream,  small  beer,  lager  beer,  weiss  beer,  white  beer 
or  other  beverages,  such  person  or  persons,  corporation  or  corporations,  shall 
not  be  again  required  to  file  and  publish  a  description  of  said  name  or  names, 
marks  or  devices,  hereunder,  but  shall  be  entitled  to  all  the  benefits  of  this  act 
immediately  upon  acquiring  such  bottles,  boxes,  siphons  or  kegs  or  such  busi- 
ness as  aforesaid.     [Amendment,  Stats.  1903,  83.] 

§  7.  All  acts  and  parts  of  acts  inconsistent  herewith  are,  for  the  purposes  of 
this  act,  hereby  repealed. 

For  fuU  discussion  of  law  of  trade-marks,  and  exhaustive  coUection  of  authorities,  see 
KERR'S    CYC.   CIVIL,   CODE   §  991    and   note. 


1432  TRADING    STAMPS— CHANCE    PRIZE— PENALTY. 

TRADING  STAMPS— CHANCE   PRIZE. 

Making  it  a  misdemeanor  to  sell  or  exchange  property  under  the  representation, 
advertisement,  notice  or  inducement  that  an  unidentified,  unknown,  un- 
selected,  or  chance  prize,  premium  or  premium  gift,  or  that  a  stamp,  trad- 
ing stamp,  coupon  or  other  like  device  entitling  the  holder  to  receive  such 
a  prize,  premium  or  premium  gift,  or  that  the  redemption  of  such  a  stamp, 
trading  stamp,  coupon  or  other  like  device  so  given  is  to  be  part  of  the 
transaction,  or  to  sell  or  exchange  any  trading  stamp,  stamp,  coupon  or 
other  like  device  to  aid  such  sale  or  exchange,  as  aforesaid,  and  providing 
a  penalty  therefor. 

I  (Stats.  1905,  67,  ch.  LXIX.) 

§  1.  Whoever  sells  or  exchanges  any  property  or  offers  or  attempts  so  to  do 
upon  a  representation  advertisement  notice  or  inducement  that  anything  un- 
identified by  or  unselected  by  the  purchaser  at  or  before  the  time  of  the  sale  or 
exchange  or  upon  a  representation  advertisement  notice  or  inducement  that  any- 
thing whose  precise  nature  is  not  so  known  to  the  purchaser  at  the  time  of  the 
sale  or  exchange  as  to  be  completely  identified  beyond  the  necessity  of  any  fur- 
ther or  other  selection  or  upon  a  representation  notice  advertisement  or  induce- 
ment that  any  property  whose  selection  will  depend  upon  chance  or  hazard  in  any 
manner  whatsoever  is  or  is  to  be  delivered  or  received  or  is  in  any  way  con- 
nected with  or  is  a  part  of  the  transaction  as  a  prize,  premium  or  premium  gift ; 
or  whoever  sells  or  exchanges  any  property  or  offers  or  attempts  so  to  do  upon 
a  representation  advertisement  notice  or  inducement  that  a  stamp,  trading  stamp, 
coupon  or  other  device  which  entitles  the  purchaser  to  demand  or  receive  either 
from  the  vendor  or  from  any  other  person  company  association  or  corporation 
any  other  property  unselected  by  or  unidentified  by  the  purchaser  at  or  before 
the  time  of  the  said  sale  or  exchange,  or  which  entitles  the  purchaser  to  demand 
or  receive  either  from  the  vendor  or  from  any  other  person  corporation  associa- 
tion or  company  anything  whose  precise  nature  is  not  so  known  to  the  purchaser 
at  the  time  of  the  said  sale  or  exchange  as  to  be  completely  identified  beyond  the 
necessity  of  any  further  or  other  selection,  or  which  entitles  the  purchaser  to 
receive  or  demand  either  from  the  vendor  or  from  any  other  person,  corporation 
association  or  company  any  property  w^hose  selection  will  depend  upon  chance 
or  hazard  in  any  manner  whatsoever,  is  to  be  delivered  or  received  or  is  in  any 
way  connected  with  or  is  a  part  of  the  transaction  as  a  prize,  premium  or  pre- 
mium gift;  or  whoever  sells  or  exchanges  any  trading  stamp,  stamp,  coupon  or 
other  like  device  upon  a  contract  to  enable  the  purchaser  to  sell  or  exchange 
property,  or  attempt  so  to  do,  upon  any  representation,  advertisement,  notice  or 
inducement  of  any  kind  hereinbefore  mentioned;  or  whoever  delivers  any  goods 
wares  or  merchandise  upon  the  presentation  of  any  such  stamp  coupon  or  other 
like  device  so  given  or  caused  to  be  given  shall  for  each  offense  be  guilty  of  a 
misdemeanor  and  be  punishable  by  a  fine  of  not  less  than  tw^enty  dollars  or  more 
than  five  hundred  dollars,  or  imprisonment  in  a  county  jail  for  not  less  than  ten 
days  nor  more  than  six  months,  or  by  both;  provided,  however,  that  the  pro- 
visions of  this  act  shall  not  apply  or  extend  in  any  manner  to  the  redemption  of 
any  such  stamp,  trading  stamp,  coupon  or  other  like  device  that  may  have  been 
issued  as  a  premium,  prize  or  premium  gift  prior  to  the  time  this  act  takes 


TRADING  STAMPS— NAMING  TREES,  ETC.— TREES  AND  HEDGES  IN  STREETS.     1423 

effect;  and  provided  further  that  the  provisions  of  this  act  shall  not  apply  or 
extend  to  any  sale  or  exchange  of  articles  in  bulk,  heap  or  mass,  or  a  part  or 
portion  thereof,  which  sale  or  exchange  is  not  made,  effected  or  induced  by  or 
upon  any  representation,  advertisement,  notice  or  inducement  of  any  kind  here- 
inbefore specified. 

TRADING    STAMPS.  Prohibiting   seller   of   article    from    glTlng; 

As   constituting   gift   enterprise,  see   65   Li.        to   purchaser. — 48    L.    R.    A.    775. 

R.   A.    167.  Validity  of  business  of  dealing  In}  statute 

Imposing    license    tax    on    all    merchants        prohibiting    business    of;    business    not    gift 

using. — 47    L.    R.    A.    205.  enterprise    or    lottery. — 'Brief    65    L.    R.    A. 

Oppressive    license     for    use    of  by    mer-        169. 
chants. — 47    L.    R.   A.    205. 

TRAINING    SHIP. 

To  establish  and  maintain  a  training  ship  in  the  city  and  county  of  San  Fran- 
cisco. 

(Stats.  1875-6,  54,  ch.  LXXIX;  amended  1877-8,  233,  ch.  CLXXXVIII.) 

The    last   appropriation    by   the    state    for  the  treasury  of  the  city  and  county  of  San 

this    purpose    appears    to    be    In    the    above  Francisco,   but  there   appears  to   have  been 

cited  Stats,   of  1877-8,  and  that  was  $25,000,  no   repeal  of  the  statute, 
and  a  like  sum  was  directed  to  be  paid  from 

TRANSPORTATION. 

See  tit.  Commissioner  of  Transportation. 

TREASURER— STATE. 
See  tit.  Board  of  Examiners. 

TREES,    SEEDS,    PLANTS,    VINES— NAMING. 

To  provide  for  the  proper  naming  of  trees,  seeds,  plants,  and  vines,  sold,  offered, 
or  exposed  for  sale  in  this  state  and  providing  a  penalty  for  the  violation 
of  this  act.  (Stats.  1905,  44,  ch.  L.) 

§  1.  All  trees,  seeds,  plants  and  vines,  sold,  offered  or  exposed  for  sale  in 
the  state  of  California  shall  be  properly  named  as  to  variety  and  kind,  and  any 
person  knowingly  selling,  trading,  or  exchanging,  or  offering  or  exposing  for 
sale,  any  trees,  seeds,  plants,  or  vines  falsely  named  as  to  variety  and  kind  shall 
be  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a  fine  of  not  less  than  ten 
dollars,  nor  more  than  three  hundred  dollars. 

TREES  AND  HEDGES— STREETS. 

To  provide  for  the  planting,  maintenance,  and  care  of  shade  trees  upon  streets, 
lanes,  alleys,  courts,  and  places  within  municipalities,  and  of  hedges  upon 
the  lines  thereof;  also,   for  the  eradication  of  certain  weeds  Avithin  city 

^^^^^^'  (Stats.  1893,  153,  ch.  CXL.) 

§  1.  All  streets,  lanes,  alleys,  places,  or  courts  in  the  municipalities  of  this 
state  now  open  or  dedicated,  or  which  may  hereafter  be  opened  or  dedicated,  to 
public  use,  whose  grade  has  been  officially  established,  and  which  have  been 
actually  graded  in  conformity  therewith,  may  be  planted  with  shade  trees,  along 


1424  TREES    AND    HEDGES— MAINTAINING     IN     STREETS. 

the  edges  of  the  sidewalks  thereof,  by  order  of  the  city  council,  Avhich  shall  have 
power,  also,  to  provide  for  the  maintenance  and  care  of  the  same;  and  the  city 
council  shall  have  power  to  prescribe  the  height,  thickness,  and  manner  of  trim- 
ming of  all  hedges  set  out,  or  that  shall  be  hereafter  set  out,  along  the  line  of  any 
street,  lane,  alley,  place,  or  court  dedicated  to  public  use,  whether  graded  or 
not,  and  to  compel  compliance  with  its  ordinances  in  the  premises  by  the  owners 
or  occupants  of  the  lots  fronting  thereon.  The  powers  hereby  conferred  upon 
city  councils  shall  be  exercised  in  the  manner  and  under  the  proceedings  here- 
inafter described. 

§  2.  The  city  council  of  any  municipality  in  the  state  may,  at  its  discretion, 
pass  a  resolution  of  intention  to  plant,  or  cause  to  be  planted,  with  shade  trees, 
any  graded  street,  lane,  alley,  place,  or  court  within  the  limits  of  such  municipal- 
ity. Such  resolution  of  intention  may  embrace  the  entire  length  of  any  street, 
lane,  alley,  place,  or  court,  or  any  portion  thereof,  but  must  specify  the  kind  of 
trees  to  be  planted,  their  size,  age  and  their  distance  apart.  The  street  super- 
intendent shall  thereupon  cause  to  be  conspicuously  posted  along  both  sides  of 
the  street  mentioned  in  the  resolution  at  not  more  than  three  hundred  feet  in 
distance  apart,  notices  of  the  passage  of  said  resolution.  Said  notice  shall  be 
headed  "Notice  to  plant  shade  trees,"  in  letters  not  less  than  one  inch  in  length, 
and  shall,  in  legible  characters,  set  forth  the  language  of  the  resolution  and  the 
date  of  its  passage.  The  city  clerk  shall  also  cause  a  copy  of  the  resolution  to  be 
published  for  six  days  in  one  or  more  daily  newspapers  published  and  circulated 
in  said  city,  and  designated  by  said  city  council. 

§  3.  The  owners  of  a  majority  of  the  frontage  of  the  property  on  both  sides 
of  the  street  proposed  to  be  planted  as  aforesaid  may,  within  ten  days  after  the 
expiration  of  the  time  of  publication  of  said  resolution,  file  their  Avritten  state- 
ment of  objections  to  the  proposed  Avork  with  the  city  clerk,  which  must  be 
signed  by  the  objectors,  each  one  writing  after  his  or  her  name  the  number  of 
feet  frontage  owned  by  him  or  her.  Such  objection  must  show  wherein  the 
parties  making  them  will  be  injured  or  aggrieved  by  the  proposed  work,  and  if 
the  objection  be  to  the  kind  of  trees  proposed  to  be  planted,  they  must  name  some 
other  kind  of  tree  to  be  substituted  therefor.  The  city  council  shall,  at  its  next 
meeting  after  the  filing  of  said  objections,  fix  a  time  for  hearing  the  same,  not 
less  than  one  week  thereafter.  The  city  clerk  shall  thereupon  notify  each 
objector,  or  his  agent,  who  has  signed  his  or  her  name  to  the  statement,  by 
depositing,  in  the  post-office  of  said  city,  a  notice  addressed  to  him  or  her,  post- 
age prepaid,  notifying  the  objectors  of  the  time  and  place  of  hearing.  At  the 
time  specified,  the  council  shall  hear  the  objections  urged,  and  pass  upon  the 
same,  and  its  decision  shall  be  final  and  conclusive,  except  that  in  the  choice  of 
trees  to  be  planted,  it  shall  be  governed  by  the  w^ritten  request  of  the  owners  of 
a  majority  of  the  frontage  on  both  sides  of  the  street  which  it  is  proposed  to 
plant.  If  the  objections  be  sustained,  no  further  proceedings  shall  be  taken 
under  the  resolution  of  intention  for  six  months  after  the  date  of  its  passage. 
If  it  be  again  proposed  to  plant  the  street,  the  council  shall  commence  proceed- 
ings de  novo  as  if  no  action  had  been  previously  taken. 

§  4.  At  the  expiration  of  ten  days  after  the  expiration  of  the  time  of  publi- 
cation of  said  resolution  of  intention,  if  no  written  objections  to  the  work  therein 
described  shall  have  been  filed  with  the  city  clerk,  as  hereinbefore  provided, 


TREES    AND     HEDGES — MAINTAINING    IN     STREETS — PLANTING.  1425 

otherwise,  immediately  upon  the  overruling  of  the  objections  by  the  council,  the 
council  shall  be  deemed  to  have  acquired  jurisdiction  to  order  to  be  done  the 
work  which  is  authorized  by  this  act,  which  order  shall  be  published  for  two 
days  in  the  same  papers  and  manner  as  provided  for  the  publication  of  the  reso- 
lution of  intention. 

§  5.  Before  passing  any  resolutions  for  the  planting  of  any  street,  the  city 
council  shall  cause  notice  with  specifications,  to  be  posted  conspicuously  for  five 
days  near  the  door  of  the  council  chamber,  and  shall  advertise  the  same  for  five 
days  in  the  same  manner  and  papers  as  heretofore  provided  for  the  publication 
of  the  resolution  of  intention,  inviting  sealed  proposals  for  bid.s  for  furnishing 
the  trees  and  doing  the  work  ordered.  All  bids  shall  state  the  sum  or  price  for 
which  the  bidder  will  undertake  to  furnish  the  trees,  of  the  kind,  age,  and  size 
required,  and  will  suitably  prepare  the  ground,  set  out  the  trees,  warrant  every 
one  of  them  to  grow,  or  replace  all  that  fail  to  grow  or  receive  damage  from 
whatever  cause  with  others  of  the  same  kind,  and  of  suitable  age  and  size  to  pre- 
serve uniformity,  and  will  for  three  years  care  for,  cultivate,  protect,  irrigate, 
and  trim  said  trees.  And  no  order  for  the  planting  of  any  street  shade  trees 
shall  be  made  that  does  not  likewise  provide  for  the  care  and  maintenance  of 
the  trees  for  three  years  by  the  contractor  planting  the  trees.  All  proposals  or 
bids  shall  be  accompanied  by  a  check  payable  to  the  order  of  the  mayor  or  presi- 
dent of  the  city  council,  certified  by  a  responsible  bank,  for  an  amount  which 
shall  not  be  less  than  ten  per  centum  of  the  aggregate  of  the  proposal.  Said 
proposals  or  bids  shall  be  delivered  to  the  clerk  of  the  city  council,  indorsed 
"Proposals  to  plant  trees,"  and  said  council  shall,  in  open  session,  examine  and 
publicly  declare  the  same;  provided,  that  no  proposal  or  bid  shall  be  considered 
unless  accompanied  by  said  check.  The  council  may  reject  all  proposals,  should 
it  deem  this  for  the  public  good,  and  shall  reject  the  bid  of  any  party  who  has 
been  delinquent  or  unfaithful  in  any  former  contract  with  the  municipality, 
and  may  award  the  contract  to  the  lowest  responsible  bidder,  at  the  prices  named 
in  his  bid,  which  award  shall  be  approved  by  the  mayor  or  president  of  the 
council.  Notice  of  such  awards  of  contract  shall  be  posted  and  advertised  for 
five  days,  in  the  manner  hereinbefore  provided,  and  it  shall  be  the  duty  of  the 
superintendent  of  streets  to  enter  into  a  contract  with  the  bidder  to  whom  the 
work  shall  have  been  awarded  by  the  council,  and  at  the  prices  specified  in  his 
bid ;  whereupon  the  certified  checks  of  all  the  other  bidders  shall  be  returned  to 
them,  respectively.  But  if  such  lowest  bidder  neglects,  fails,  or  refuses,  for  fif- 
teen days  after  the  first  posting  and  publication  of  the  award,  to  enter  into  the 
contract,  then  the  city  council,  without  further  proceedings,  shall  again  adver- 
tise for  proposals  or  bids,  as  in  the  first  instance,  and  shall  award  the  contract 
for  said  work  to  the  then  lowest  bidder.  If  the  contractor  who  shall  have  taken 
any  contract  shall  not  complete  the  planting,  within  the  time  limited  in  the 
contract,  or  within  such  further  time  as  the  council  may  give  him,  the  super- 
intendent of  streets  shall  report  such  delinquency  to  the  council,  which  may 
relet  the  unfinished  portion  of  the  planting  and  the  future  care  of  the  trees, 
after  pursuing  the  formalities  hereinbefore  prescribed  for  the  letting  of  the 
whole  in  the  first  instance. 

§  6.  All  contractors  shall,  at  the  time  of  executing  any  contract  for  the  plant- 
ing and  care  of  trees,  execute  a  bond  to  the  satisfaction  of  the  mayor  or  president 

Gen.  Laws — 90 


1436  TREES    AND    HEDGES — MAINTAINING    IN    STREETS— PLANTING. 

of  the  city  council,  with  two  or  more  sureties,  and  payable  to  the  city  in  such 
sums  as  the  mayor  or  president  of  the  council  shall  deem  adequate,  conditioned 
for  the  faithful  performance  of  the  contract,  and  the  sureties  shall  justify 
before  the  recorder  or  a  justice  of  the  peace,  in  double  the  amount  mentioned  in 
such  bond,  over  and  above  all  statutory  exemption.  Before  being  entitled  to  any 
contract,  the  bidder  to  whom  the  award  shall  have  been  made  must  pay  into  the 
city  treasury  the  cost  of  the  publication  of  notices,  resolutions,  and  orders,  and 
all  other  incidental  expenses  required  under  the  proceedings  prescribed  by  this 
act. 

§  7.  All  work  done  under  the  provisions  of  this  statute  shall  be  executed 
under  the  direction  of  the  superintendent  of  streets,  whose  duty  it  shall  be, 
under  the  general  control  of  the  council,  to  see  that  all  the  obligations  assumed 
by  contractors  towards  the  city  are  faithfully  complied  with,  and  that  all  trees 
furnished  are  sound,  healthy,  free  from  infection  by  insects,  and  of  the  kind, 
size,  and  age  called  for  by  the  contract.  He  shall  certify  to  the  completion  of 
all  work,  or  portion  of  work,  which,  by  the  terms  of  the  contract,  shall  entitle 
the  contractor  to  payment  in  whole  or  in  part,  and  the  presentation  of  his  certifi- 
cate by  the  contractor  shall  be  a  condition  precedent  to  each  payment  that  shall 
become  due  under  the  contract. 

§  8.  All  sums  due  to  contractors  under  the  provisions  of  this  act  shall  be 
payable  by  instalments,  as  follows,  to  wit:  Not  more  than  one  half  the  entire 
consideration  in  the  contract  shall  be  payable  on  the  completion  of  the  planting, 
and  out  of  this  amount  the  superintendent  of  streets  shall  see  that  the  trees  are 
paid  for,  to  the  party  furnishing  the  same;  one  half  the  balance  at  the  end  of 
eighteen  months  after  the  completion  of  the  planting;  provided,  all  conditions 
shall  have  been  complied  with ;  the  remaining  one  half  to  be  paid  at  the  end  of 
three  years  after  the  completion  of  the  planting ;  provided,  all  conditions  shall 
have  been  complied  with. 

§  9.  Immediately  upon  the  execution  of  any  contract  for  the  planting  and 
care  of  street  trees  under  the  provisions  of  this  act,  it  shall  be  the  duty  of  the 
city  assessor  to  make  an  assessment  to  cover  the  sum  to  become  due  for  the  work 
specified  in  such  contract  (including  all  incidental  expenses)  upon  the  lots  and 
land  fronting  on  the  street,  lane,  alley,  court,  or  place  to  which  such  contract 
relates,  each  lot  or  portion  of  a  lot  being  separately  assessed,  in  proportion  to 
the  frontage,  at  a  rate  per  foot  front  sufficient  to  cover  the  total  expenses  of 
the  work.  Said  assessment  shall  briefly  refer  to  the  contract,  the  work  con- 
tracted for,  and  shall  show  the  amount  to  be  paid  therefor,  together  with  any 
incidental  expenses,  the  rate  per  foot  front  assessed,  the  amount  of  each  assess- 
ment, the  name  of  the  owner  of  each  lot,  if  known  to  the  assessor  (if  unknown, 
the  word  "Unknown"  shall  be  written  opposite  the  number  or  description  of  the 
lot,  with  the  amount  assessed  thereon).  And  the  assessor  shall  attach  to  said 
assessment  a  diagram,  exhibiting  the  street,  lane,  alley,  place,  or  court  on  which 
the  work  is  contracted  to  be  done,  and  showing  the  relative  location  and  frontage 
of  such  lot,  numbered  to  correspond  with  the  numbers  in  the  assessment.  To 
said  assessment  shall  be  attached  a  warrant,  which  shall  be  signed  by  the  super- 
intendent of  streets,  and  countersigned  by  the  mayor  or  president  of  the  council. 
The  said  assessments  and  warrants  shall  be  separately  issued  for  each  payment 


TREES    AND    HEDGES— MAINTAINING    IN    STREETS — W^ARRANTS    FOR.         1427 

that  shall  be  due  the  contractor,  as  specified  in  section  eight  of  this  act,  and  shall 
be  substantially  in  the  following  form : 

By  virtue  hereof,  I   (name  of  the  superintendent  of  streets),  of  the  city  of 

,  county  of ,  and  state  of  California,  by  virtue  of  the  authority  vested 

in  me  as  said  superintendent  of  streets,  do  authorize  and  empower  (name  of  con- 
tractor), his  agents  or  assigns,  to  demand  and  receive  the  several  assessments 
upon  the  assessment  and  diagram  hereto  attached,  and  this  shall  be  his  warrant 
for  the  same. 

Date , .     (Name  of  superintendent  of  streets.) 

Countersigned  by  (name  of  mayor  or  president  of  council). 

Recorded  (date , ).     (Name  of  superintendent  of  streets.) 

Said  warrant,  assessment,  and  diagram  shall  be  recorded  in  the  office  of  the 
superintendent  of  streets.  When  so  recorded,  the  several  amounts  assessed  shall 
be  a  lien  upon  the  lands,  lots,  or  portions  of  lots  assessed,  respectively,  for  the 
period  of  two  years  from  the  date  of  said  recording,  unless  sooner  discharged. 
From  and  after  the  date  of  said  record,  all  persons  interested  in  any  manner  in 
any  or  all  of  the  lots  assessed  shall  be  deemed  to  have  notice  of  the  contents  of 
said  record. 

§  10.  After  said  warrant,  assessment,  and  diagram  shall  have  been  recorded, 
the  same  shall  be  delivered  to  the  contractor,  his  agents  or  assigns,  on  demand, 
who  shall  thereby  be  authorized  to  demand  and  receive  the  amounts  of  the  sev- 
eral assessments.  In  default  whereof,  and  as  regards  enforced  collections,  in- 
terest, cost,  and  penalties,  and  the  correction  of  errors,  the  same  proceedings 
are  to  be  had  as  are  specified  in  sections  nine,  ten,  eleven,  twelve,  sixteen,  and 
seventeen  of  an  act  entitled  ''An  act  to  provide  for  work  upon  streets,  lanes, 
alleys,  courts,  places,  and  sidewalks,  and  for  the  construction  of  sewers  within 
municipalities,"  approved  March  eighteenth,  eighteen  hundred  and  eighty-five, 
amended  March  fourteenth,  eighteen  hundred  and  eighty-nine. 

§  11.  The  city  council  of  every  municipality  in  this  state  has  jurisdiction  of 
the  hedges  and  fences  placed  by  property  owners  along  street  lines,  and  may, 
by  ordinance,  prohibit  the  planting  of  thorn-bearing  hedges  and  the  use  of 
barbed  wire  along  street  lines,  and  may  regulate  the  height,  width,  and  the  mode 
of  trimming  hedges,  and  enforce  ordinances  enacted  for  such  purposes  against 
absentees,  or  other  negligent  or  recusant  owners  or  occupants  of  lots  or  lands  on 
which  hedges  are  maintained.  They  may  also  condemn  as  public  nuisances,  any 
or  all  weeds  whose  seeds  are  of  a  winged  or  downy  nature,  and  are  spread  by 
the  winds,  and  may  compel  the  eradication  of  such  weeds  by  the  owners  of  the 
lots  whereon  they  grow,  or  at  their  expense. 

§  12.  The  city  council  or  trustees  of  every  municipality  shall  provide  for 
the  replacement  of  missing  trees,  and  for  the  trimming  and  care  of  all  trees  that 
have  or  shall  have  been  planted  for  three  or  more  years  in  the  streets  and  high- 
ways, whether  such  planting  shall  have  been  done  under  this  act  or  otherwise; 
the  expense  whereof  must  be  defrayed  out  of  the  street  fund,  and  the  work  be 
done  by  the  superintendent  of  streets  of  such  municipality. 

§  13.  This  act  shall  only  apply  to  such  municipalities  as  shall  by  vote  of  the 
electors  residing  therein  determine  to  come  within  its  provisions. 

§  14.     This  act  shall  take  effect  from  and  after  its  passage. 

See  tits.   Big  Trees;   Street  Iiavr. 


1428  TRINITY     COUNTY — RECORDS     OF — ADDITIONAL.     JUDGE. 

TRESPASSING  ANIMALS. 

See  tits.  Animals— Estray ;  Estray  Animals,  and  note  thereunder. 

TRICYCLES. 

See  tits.  License  Tax;  Motor  Vehicles. 

TRINITY  COUNTY— RECORDS. 

Concerning  the  county  records  of  the  county  of  Trinity. 
(Stats.  1862,  164,  ch.  CLXV;  amended  1863,  22,  ch.  XIX.) 

§  1.  The  board  of  supervisors  of  the  county  of  Trinity  are  hereby  authorized 
and  empowered,  at  the  regular  meeting  of  said  board,  to  be  held  in  the  month  of 
May,  anno  Domini  eighteen  hundred  and  sixty-two,  or  at  any  regular  meeting 
thereafter,  to  order  the  transcribing  and  indexing  of  the  books  of  record  of  said 
county,  in  the  office  of  the  county  recorder  thereof,  and  known  as  books  "D," 
"E,"  and  "H,"  also,  of  any  journals  of  the  district  court,  the  probate  court, 
the  county  court,  the  court  of  sessions,  or  board  of  supervisors  of  said  county, 
which  said  board  may  deem  necessary;  provided,  that  it  shall  not  be  lawful  for 
the  county  recorder  to  transcribe  or  index  such  books  of  record,  or  any  part 
thereof,  under  the  provisions  of  this  section,  after  the  first  day  of  May,  eighteen 
hundred  and  sixty-three.     [Amendment,  Stats.  1863,  22,] 

§  2.  All  the  copies  hereby  required  shall  be  made  in  plain  and  legible  hand- 
writing, and  substantial,  full-bound  books,  shall  be  purchased  by  the  said  county 
for  the  object  herein  specified,  and  said  copies,  when  made,  shall  be  duly  certi- 
fied, and  when  so  certified,  shall  have  the  same  force,  and  be  as  valid  in  evidence, 
as  the  originals. 

§  3.  When  it  shall  appear  to  said  board  of  supervisors  that  so  much  of 
the  said  work  as  may  be  ordered  by  said  board  to  be  performed,  has  been  fully 
completed,  then  the  said  board  shall  order  that  the  county  recorder  of  said 
county  be  paid,  out  of  the  moneys  in  the  general  fund  of  said  county,  the  sum 
of  twenty  cents  for  each  and  every  folio  of  one  hundred  words,  in  the  same 
manner  as  other  county  indebtedness,  and  no  further  compensation  whatever 
shall  be  allowed  for  such  services  under  this  act. 

§  4,  The  original  records  shall  be  carefully  preserved  in  the  office  of  said 
county  recorder,  for  future  reference. 

TULARE   COUNTY. 

See  tits.  Fresno;  Water  Commissioner. 

TULARE   COUNTY— ADDITIONAL  JUDGE. 

To  increase  the  number  of  judges  of  the  superior  court  of  the  county  of  Tulare, 

and  to  provide  for  the  appointment  of  an  additional  judge. 

(Stats.  1891,  61,  ch.  LXVIII.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Tulare  is 
hereby  increased  from  one  to  two. 

§  2.  "Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Tulare,  state  of 


TULARE     COUNTY,     JUDGES     OF— TUOLUMNE    RIVER     BRIDGE.  1420 

California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  anno  Domini  eighteen  hundred  and  ninety-three.  At  the  next  general 
election,  a  judge  of  the  superior  court  of  said  county,  shall  be  elected  in  said 
county,  who  shall  be  the  successor  of  the  judge  appointed  hereunder,  to  hold 
office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and 
shall  be  paid  at  the  same  time  and  in  the  same  manner,  as  the  salary  of  the 
other  judge  of  the  superior  court  of  said  county  now  authorized  by  law. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

People  vs.  Markham,  104  Cal.   235,  37  Pac.  Rep.   918. 

TULARE    COUNTY-FUDGES. 

To  reduce  the  number  of  judges  of  the  superior^court  of  the  county  of  Tulare 

from  two  to  one. 

(Stats.  1895,  128,  ch.  CXXXVIII.) 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Tulare, 
state  of  California,  is  hereby  reduced  from  two  to  one;  provided,  that  the  pro- 
visions of  this  section  shall  not  afi'ect  either  of  the  present  judges  of  said  supe- 
rior court. 

§  2.  No  election  of  a  judge  of  the  superior  court  shall  be  held  in  said  county 
prior  to  the  general  election  in  the  year  one  thousand  eight  hundred  and  ninety- 
eight,  and  no  vacancy  in  the  office  of  judge  of  the  superior  court  of  said  county 
occurring  on  or  prior  to  the  first  Monday  after  the  first  day  of  January,  in  the 
year  one  thousand  eight  hundred  and  ninety-seven  shall  be  filled  by  appointment 
or  otherwise,  unless  necessary  to  maintain  one  judge  of  said  superior  court. 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

TUOLUMNE  RIVER— BRIDGE. 

To  authorize  the  construction  and  maintenance  of  a  bridge  across  the  Tuolumne 

River  at  the  town  of  Llodesto. 

(Stats.  1877-8,  455,  ch.  CCCXLII.) 

§  1.  Thomas  D.  Harp,  .John  W.  McCarthy,  and  George  Perley,  and  their 
heirs  and  assigns,  are  hereby  authorized  and  empowered  to  build,  erect,  con- 
struct, and  maintain  a  public  toll-bridge  across  the  Tuolumne  River,  at  the 
town  of  Modesto,  in  the  county  of  Stanislaus,  and  state  of  California,  at  a 
point  on  said  river  to  be  selected  by  said  parties,  within  two  miles  of  the  rail- 
road bridge,  opposite  the  town  of  Modesto,  and  the  right  of  way  for  said  bridge 
across  said  river  at  such  point  is  hereby  granted  to  them. 

§  2.  The  said  toll-bridge  shall  be  constructed  in  a  good  and  substantial 
manner  and  of  the  most  durable  materials,  and  shall  have  a  draw  opening  of 
sufficient  dimensions  to  admit  the  passage  of  all  boats,  crafts,  and  vessels  ply- 
ing upon  said  Tuolumne  River;  and  the  said  Thomas  D.  Harp,  John  W.  Mc- 
Carthy, and  George  Perley,  and  their  heirs  and  assigns,  shall,  at  all  times,  keep 
said  draw  in  good  working  order  and  condition,  and  shall  allow  any  boat,  craft, 
or  vessel  to  pass  at  any  time ;  and  said  Harp,  McCarthy,  and  Perley,  their 


1430  TUOLUMNE    RIVER,    BRIDGE    OVER — UNION    SOLDIERS. 

heirs  and  assigns,  and  each  of  them,  shall  be  liable  for  any  damages  that  may- 
accrue  by  neglect  or  inattention  to  their  duties  as  prescribed  in  this  act,  to  be 
recovered  in  any  court  of  competent  jurisdiction. 

§  3.  The  said  Thomas  D.  Harp,  John  W.  McCarthy,  and  George  Perley, 
their  heirs  and  assigns,  shall  build,  erect,  and  construct  said  toll-bridge  within 
three  years  after  the  passage  of  this  act;  and  upon  the  completion  thereof, 
said  parties,  their  heirs  and  assigns,  shall  be  authorized  and  empowered  to 
charge  and  collect  toll  for  the  use  of  said  bridge  for  the  period  of  fifty  years, 
and  may  maintain  said  bridge  during  said  period  for  that  purpose,  and  the 
board  of  supervisors  of  the  county  of  Stanislaus  shall  have  poAver  and  jurisdic- 
tion to  fix  and  establish  the  rate  of  toll  to  be  so  charged  and  collected  thereon. 

§  4.  The  owners  of  said  toll-bridge  may  regulate  the  speed  of  travel,  riding 
or  driving,  upon  said  bridge,  and  they  shall  keep  in  some  conspicuous  place, 
on  each  end  of  the  bridge,  a  bulletin  board  which  shall  contain  the  scale  of 
tolls  and  rate  of  speed  allowed  on  said  bridge. 

§  5.  Any  assignment  or  transfer  of  said  bridge,  or  the  franchise  herein 
granted,  or  any  interest  therein,  or  in  the  right  to  charge  and  collect  tolls  on 
said  bridge,  shall  be  by  instrument  in  writing,  signed  by  the  party  assigning 
or  transferring  the  same,  or  by  his  agent  thereunto  lawfully  authorized  and 
acknowledged,  and  recorded  in  the  office  of  the  county  recorder  of  the  county 
of  Stanislaus. 

§  6.  Said  bridge  and  the  franchises  herein  granted  shall  be  liable  to  execu- 
tion, subject  to  taxation,  and  descend  as  other  property;  and  no  other  bridge 
or  ferry  be  established  within  one  mile  above  or  below  said  bridge  without  the 
consent  of  the  owners  thereof. 

§  7.  Said  Thomas  D.  Harp,  John  W.  McCarthy,  and  George  Perley,  their 
heirs  and  assigns,  are  hereby  authorized  and  constituted  agents  for  the  state 
of  California  to  take  such  proceedings  as  are  prescribed  by  the  Code  of  Civil 
Procedure  of  this  state,  to  acquire  sufficient  land  at  either  end  of  said  bridge  to 
rest  the  same  upon,  and  on  which  to  erect  such  toll-house  and  other  appurte- 
nances as  may  be  necessary  to  the  maintenance  of  said  bridge,  including  the 
right  of  way  for  roads  leading  to  and  from  said  bridge.  And  said  bridge  so 
constructed  and  said  roads  shall  be  public  highways. 

§  8.  Any  person  riding  or  driving  over  said  bridge  faster  than  the  speed 
allowed  by  said  bridge  owners,  shall  be  deemed  guilty  of  misdemeanor,  and, 
upon  conviction  thereof  before  any  justice  of  the  peace,  shall  be  fined  in  any 
sum  not  less  than  five  nor  more  than  twenty  dollars  and  costs  of  prosecution. 

§  9.     This  act  shall  take  effect  on  and  after  its  passage. 

UNDERWRITERS— FIRE  PATROL. 

See  Stats.  1905,  571,  ch.  CDXXII,  KERR'S  CYC.   CIVIL   CODE    §§  453a.    453b,    453c. 

UNION. 

See  tits.  Areata;  Municipal  Corporations. 

UNION   SOLDIERS. 

See  tits.  License;  Public  Service;  Sailors  and  Soldiers. 


UNIVERSITY    OF   CALIFORNIA— AGRICULTURAL   FARM.  1431 

UNITED  STATES  CURRENCY. 

See  tit.  Legal  Tender. 

UNIVERSITY. 
See   tits.   Horticulture;    Stanford   Junior  University;   State   Analyst;    State 
Geological  Survey;  University  of  Agriculture;  University  of  California, 
Organic  Act. 

UNIVERSITY  OF  CALIFORNIA— AFFILIATED   COLLEGES. 

Appropriations    of    $250,000    and    $125,000,       buildings    for    the   affiliated   departments    of 
■  respectively,   were   made  by   Stats.   1895,   69,       the  university, 
ch.    L.XXIII,     and     1897,     14,    ch.    XVII,     for 

UNIVERSITY— AGRICULTURE— FARM. 

Providing  for  the  purchase  of  a  university  farm  for  the  use  of  the  college  of 
agriculture  of  the  University  of  California ;  providing  for  the  appointment 
of  a  commission  to  select  and  purchase  said  farm,  providing  for  a  school 
of  agriculture  and  a  system  of  instruction  on  said  farm  and  appropriating 
money  therefor. 

(Stats.  1905,  131,  ch.  CXXIX.) 

§  1.  A  commission  is  hereby  appointed  to  consist  of  five  persons  who  shall 
be  known  as  the  "Commissioners  for  the  Selection  and  Purchase  of  a  Uni- 
versity Farm."  Said  commission  shall  consist  of  the  following  persons,  each 
of  whom  shall  be,  and  is  hereby  appointed  as  a  member  of  said  commission : 
The  governor  of  the  state  of  California,  who  shall  be  the  president  of  said  com- 
mission ;  the  president  of  the  University  of  California ;  the  lieutenant-governor 
of  the  state  of  California ;  the  president  of  the  state  board  of  agriculture ;  and 
the  state  commissioner  of  horticulture  of  California.  Said  commission  [ers] 
shall  hold  office  until  they  have  performed  the  duties  hereinafter  provided  for. 
They  shall  receive  no  compensation,  but  the  expenses  of  their  qualification  and 
necessary  traveling  expenses  shall  be  paid  out  of  the  moneys  hereinafter  appro- 
priated. 

§  2.  Immediately  after  the  appointment  of  said  commissioners  they  shall 
organize  and  proceed  to  select  and  purchase  a  farm  or  tract  of  land  to  be 
known  as  the  university  farm,  and  to  be  used  as  an  agricultural  college  farm, 
and  for  the  site  or  location  of  buildings,  and  such  other  structures  as  may  be 
necessary  for  use  in  connection  therewith  and  for  the  purposes  herein  set  forth. 
Said  farm  or  tract  of  land  shall  be  of  such  size  and  acreage  as  in  the  judgment 
of  the  commission,  may  be  necessary  for  the  purposes  desired — provided,  how- 
ever, there  shall  be  not  less  than  three  hundred  and  twenty  acres  of  first-class 
tillable  land,  located  at  such  place  as  said  commission  may  deem  proper,  hav- 
ing consideration  for  the  purposes  for  which  it  is  to  be  used.  It  must  be  first- 
class  tillable  land,  and  in  its  soil,  location,  climate  and  general  environment 
be  typical  and  representative  of  the  best  general  agricultural  conditions  in 
California,  and  be  capable  of  successfully  producing  the  general  crops  of  the 
state,  and  as  many  as  may  be  of  all  of  the  crops  and  products  successfully 
grown  in  California.  Provided,  that  no  site  or  tract  shall  be  chosen,  one  half 
of  which  at  least  is  not  susceptible  of  irrigation,  and  for  the  irrigation  of  which 


1432  UNIVERSITY     OF    CALIFOR3VIA— AGRICULTURAL     FARM. 

some  system  is  not  already  provided,  or  for  which  a  water  right  is  not  pur- 
chased or  procured  at  the  time  the  land  is  selected.  For  the  purposes  of  secur- 
ing or  purchasing  said  farm,  said  commission  shall  have  the  power  to  take  and 
secure  options,  or  bonds,  for  deeds,  and  may  accept  a  gift  of  the  whole  or 
any  part  of  said  farm.  They  may  also  receive  gifts  of  water  rights,  canals, 
ditch,  flume  or  other  rights,  easements  or  appurtenances  to  any  farm  which 
they  may  select,  and  may  also  purchase  any  such  water  or  other  rights,  or 
acquire  the  same  by  the  exercise  of  the  right  of  eminent  domain. 

§  3.  The  deed  for  said  farm  or  tract  of  land,  or  other  property  purchased, 
shall,  when  the  same  shall  have  been  purchased  by  said  commission,  be  taken 
in  the  name  of,  and  the  deed  shall  be  made  to  the  regents  of  the  University  of 
California.  When  said  commission  shall  have  selected  and  purchased  the  said 
tract  or  farm  or  other  property  herein  provided  for,  they  shall  present  their 
claim  for  the  amount  or  sum  agreed  to  be  paid  therefor  to  the  state  board  of 
examiners,  and  upon  the  allowance  of  said  bill  or  claim  the  controller  shall 
draw  his  warrant  for  the  amount  thereof,  payable  out  of  the  sum  hereby  appro- 
priated in  favor  of  the  owner  or  owners  of  the  properties  selected  and  pur- 
chased as  hereinabove  provided  for.  Said  warrant  or  warrants  when  so  drawn 
shall  be  delivered  to  said  commission,  which  shall  use  the  same  to  pay  the  pur- 
chase price  of  said  farm  or  tract  or  other  property,  taking  a  deed  therefor  as 
aforesaid,  the  same  to  be  delivered  and  filed  with  the  regents  of  the  University 
of  California, 

§  4.  The  said  university  farm  when  purchased  as  aforesaid  shall  be  imme- 
diately given  into  the  possession  of,  and  shall  be  under  the  management,  direc- 
tion and  control  of  the  board  of  regents  of  the  University  of  California.  Im- 
mediately upon  obtaining  possession  of  said  university  farm  said  regents  shall 
proceed  to  have  constructed  thereon  buildings  and  such  other  structures  as 
shall  be  necessary  for  an  agricultural  school,  and  for  the  use  thereof  for  pur- 
poses of  education  in  agriculture.  They  shall  provide  for  the  purchase  of 
supplies,  implements,  machines,  and  apparatus,  the  planting  of  trees  and  vines, 
and  forage  and  agricultural  crops,  for  the  purchase  of  domestic  live  stock,  and 
for  the  employment  of  laborers.  They  shall  appoint  the  necessary  instructors 
and  inaugurate  and  provide  for  the  conduct  of  instruction  in  agriculture,  and 
in  such  other  branches  of  learning  as  are  allied  thereto,  and  as  are  calculated 
to  better  qualify  and  inform  the  students  attending  in  the  theory  and  practice 
of  agriculture.  This  instruction  shall  be  conducted  in  connection  with,  and  as 
a  part  of,  the  college  of  agriculture  of  the  University  of  California,  provisions 
being  made  by  the  regents  for  such  attendance  on  the  farm  of  the  college  stu- 
dents as  may  be  deemed  best  and  necessary  to  the  completion  of  their  college 
courses.  The  university  farm,  and  the  instruction  given  thereon  shall  be  so 
conducted  as  to  meet  the  needs  of  persons  who  desire  instruction  in  agriculture, 
horticulture,  viticulture,  animal  industry,  dairying,  irrigation  and  poultry 
raising,  and  to  prepare  them  for  the  pursuit  thereof ;  and  shall  also  be  used  for 
experimental  and  investigational  work  in  connection  with  the  agricultural 
experiment  station  of  the  University  of  California.  Short  courses  of  instruc- 
tion shall  also  be  arranged  for  in  each  of  the  leading  branches  of  agricultural 
industry,  so  regulated  as  to  provide  for  popular  attendance  and  general  instruc- 
tion in  agricultural  practice. 


1 


UNIVERSITY    OF     CALIFORNIA— DEPARTMENT     OF     MUSIC.  1433 

§  5.  The  sum  of  one  hundred  and  fifty  thousand  dollars  is  hereby  appro- 
priated out  of  any  moneys  in  the  general  fund  of  the  state  treasury,  for  the 
purposes  of  this  act ;  provided,  that  fifty  thousand  dollars  of  said  sum  shall  be 
payable  immediately,  fifty  thousand  dollars  on  the  first  day  of  July, 
nineteen  hundred  and  five,  and  the  remaining  fifty  thousand  dollars  thereof 
on  the  first  day  of  January,  nineteen  hundred  and  six.  The  commission  here- 
inabove provided  for  shall  draw  against  said  appropriation  as  hereinabove 
authorized.  After  such  sums  have  been  paid  therefrom,  the  remaining  portion 
of  said  appropriation  shall  be  subject  to  the  order  of,  and  shall  be  paid  to  the 
said  board  of  regents  to  be  used  by  them  exclusively  for  the  construction  of 
the  buildings  and  the  other  purposes  herein  provided  for. 

§  6.     This  act  shall  take  efiieet  immediately. 

UNIVERSITY  OF  CALIFORNIA— DEPARTMENT  OF  MUSIC. 

To  create  a  department  of  music  in  the  university  of  the  state  of  California ;  to 

provide  a  professorship  of  music  and  to  appropriate  money  therefor. 

(Stats.  .1905,  801,  ch.  DCIII.) 

§  1.  The  board  of  regents  of  the  University  of  California  is  hereby  author- 
ized to  organize,  establish  and  create  in  the  University  of  California,  a  depart- 
ment of  music  with  the  object  of  providing  instruction  in  music  to  the  students 
of  the  university.  Said  department  of  music  shall  be  under  the  direction  of  a 
professor  of  music  to  be  chosen  and  appointed  by  the  board  of  regents,  and  a 
professorship  of  music  in  the  University  of  California  with  a  salary  fixed  in  the 
sum  of  three  thousand  dollars  per  annum  is  hereby  created.  Said  board  of 
regents  shall  make  such  other  and  further  rules  and  regulations  as  it  may 
deem  proper  for  the  organizing  and  conducting  of  said  department  of  music. 

§  2.  The  sum  of  six  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury,  not  otherwise  appropriated  for  the  use  of  the 
regents  of  the  University  of  California  in  carrying  out  the  purposes  as  pre- 
scribed in  section  one.  One  half  of  said  sum,  viz.,  three  thousand  dollars  shall 
be  paid  on  the  first  day  of  July,  nineteen  hundred  and  five,  and  the  remaining 
one  half  (three  thousand  dollars)  shall  be  paid  on  the  first  day  of  July,  nineteen 
hundred  and  six. 

§  3.  The  controller  is  authorized  and  directed  to  draw  his  warrants  for  the 
above  sums,  payable  to  the  order  of  the  treasurer  of  the  University  of  Califor- 
nia, and  the  treasurer  of  state  is  directed  to  pay  the  same, 

§  4,     This  act  shall  be  in  effect  from  and  after  its  passage. 

UNIVERSITY   OF    CALIFORNIA— FARMERS'   INSTITUTES. 

Authorizing  the  regents  of  the  state  university  to  hold  farmers'  institutes,  and 
making  an  appropriation  therefor,  and  prescribmg  the  duties  of  the  con- 
troller and  treasurer  in  relation  thereto. 

(Stats.  1903,  205,  ch.  CLXXXIV.) 

§  1.  The  board  of  regents  of  the  University  of  California  is  hereby  author- 
ized to  hold  institutes  for  the  instruction  of  citizens  of  this  state  in  the  various 
branches  of  agriculture.     Such  institutes  shall  be  held  at  such  times,  and  at 


1434  UNIVERSITY    OP    CALIFORNIA— FARMERS'    INSTITUTE. 

such  places,  as  said  board  may  direct.  The  said  board  shall  make  such  rules 
and  regulations  as  it  may  deem  proper  for  organizing  and  conducting  such  in- 
stitutes, and  may  employ  an  agent  or  agents  to  perform  such  work  in  con- 
nection therewith  as  they  deem  best.  The  course  of  instruction  at  such  in- 
stitutes shall  be  so  arranged  as  to  present  to  those  in  attendance  the  results 
of  the  most  recent  investigations  in  theoretical  and  practical  agriculture, 

§  2.  The  sum  of  twelve  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  for  the  use  of  the 
regents  of  the  University  of  California  in  discharging  its  duties,  as  prescribed 
in  section  one,  during  the  two  fiscal  years  following  the  passage  of  this  act. 
One  half  of  said  sum,  viz.,  six  thousand  dollars,  shall  be  paid  on  the  first  day 
of  July,  nineteen  hundred  and  three,  and  the  remaining  one  half  (six  thousand 
dollars)  shall  be  paid  on  the  first  day  of  July,  nineteen  hundred  and  four, 

§  3.  The  controller  is  authorized  and  directed  to  draw  his  warrants  for 
the  above  sums,  payable  to  the  order  of  the  treasurer  of  the  University  of  Cal- 
ifornia, and  the  treasurer  of  the  state  is  directed  to  pay  the  same. 

§  4.     This  act  shall  be  in  effect  from  and  after  its  passage. 

See  next  following  statute, 

UNIVERSITY— FARMERS'  INSTITUTES. 

Authorizing  the  regents  of  the  University  of  California  to  hold  farmers'  in- 
stitutes, making  an  appropriation  therefor,  and  prescribing  the  duties  of 
the  controller  and  treasurer  in  relation  thereto. 

(Stats.  1905,  225,  ch.  CCLI.) 

§  1.  The  regents  of  the  University  of  California  are  hereby  authorized  to 
hold  institutes  for  the  instruction  of  citizens  of  this  state  in  the  various 
branches  of  agriculture.  Such  institutes  shall  be  held  at  such  times,  and  at 
such  places  as  said  regents  may  direct.  The  said  regents  shall  make  such 
rules  and  regulations  as  they  may  deem  proper  for  organizing  and  conducting 
such  institutes,  and  may  employ  an  agent  or  agents  to  perform  such  work  in 
connection  therewith  as  they  deem  best.  The  course  of  instruction  at  such  in- 
stitutes shall  be  so  arranged  as  to  present  to  those  in  attendance  the  results 
of  the  most  recent  investigations  in  theoretical  and  practical  agriculture. 

§  2.  The  sum  of  twelve  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  for  the  use  of  the 
regents  of  the  University  of  California  in  discharging  their  duties,  as  prescribed 
in  section  one,  during  the  two  fiscal  years  following  the  passage  of  this  act. 
One  half  of  said  sum,  viz. :  six  thousand  dollars,  shall  be  paid  on  the  first  day 
of  July  nineteen  hundred  and  five,  and  the  remaining  one  half  (six  thousand 
dollars)  shall  be  paid  on  the  first  day  of  July,  nineteen  hundred  and  six. 

§  3.  The  controller  is  authorized  and  directed  to  draw  his  warrants  for  the 
above  sums,  payable  to  the  order  of  the  treasurer  of  the  University  of  Cali- 
fornia, and  the  treasurer  of  the  state  is  directed  to  pay  the  same. 

§  4,     This  act  shall  be  in  effect  from  and  after  its  passage. 


UNIVERSITY    OP    CALIFORNIA— ENDOWMENT— ORGANIC    ACT.  1435 

UNIVERSITY  OF  CALIFORNIA— ENDOWMENT. 

For  the  endowment  of  the  University  of  California. 

(Stats.  1869-70,  668,  eh.  CCCCLX.)  ir^.    ' 

§  1.  The  treasurer  of  state  shall  place  to  the  credit  of  the  university  fund 
so  much  of  any  moneys  that  may  be  received  by  him  from  the  net  proceeds 
of  sale  of  any  salt-marsh  and  tide  lands  lying  in  and  around  the  bay  of  San 
Francisco,  belonging  to  the  state  of  California,  as,  being  invested  in  the  bonds 
of  said  state,  or  of  the  United  States,  shall  yield  an  annual  income  of  fifty 
thousand  dollars  ($50,000). 

§  2.  Said  moneys  shall  be  a  fund,  the  capital  of  which  shall  remain  un- 
diminished, and  the  interest  of  which  shall  be  inviolably  applied  to  the  support 
of  the  University  of  California;  provided,  that  if,  at  any  time,  the  income 
accruing  to  the  university  from  the  fund  created  by  this  act,  and  the  net  in- 
come derived  from  all  other  sources,  shall  together  exceed  an  average  for  the 
preceding  years,  reckoning  from  the  date  of  the  passage  of  this  act,  of  fifty 
thousand  dollars  per  annum,  then  the  excess  above  said  average  of  fifty  thou- 
sand dollars  per  annum  shall  be  paid  into  the  common  school  fund  of  the 
state. 

§  3.  Whenever  the  sum  paid  into  the  university  fund,  from  the  proceeds  of 
the  sale  of  salt-marsh  and  tide  lands,  as  directed  in  section  one,  shall  amount 
to  fifty  thousand  dollars,  net  proceeds,  it  shall  be  the  duty  of  the  treasurer  to 
advertise,  in  two  daily  newspapers  published  in  English,  in  each  of  the  cities 
of  San  Francisco  and  Sacramento,  for  sealed  proposals  for  the  surrender  of  any 
of  the  civil  bonds  of  the  state  of  California,  or  of  any  gold-bearing  bonds  of  the 
United  States.  He  shall  state  in  such  advertisement  the  amount  of  money  on 
hand  applicable  to  the  purchase  of  bonds,  and  he  shall  accept  such  proposals 
as  will  yield  the  greatest  amount  of  annual  interest  in  gold  coin  of  the  United 
States. 

§4.  All  bonds  thus  purchased  shall  be  indorsed  "University  Fund,"  and 
shall  be  held  by  the  treasurer  of  state,  who  shall  collect  the  interest  thereon, 
which  interest,  when  collected,  shall  be  paid  into  the  university  fund  to  the 
extent  provided  for  in  section  two  of  this  act,  and  paid  out  therefrom,  semi- 
annually, to  the  regents  of  the  university,  upon  their  order,  to  be  by  them 
expended  for  university  purposes ;  provided,  no  portion  of  said  interest  so  re- 
ceived shall  be  used  for  the  erection  or  purchase  of  buildings  nor  for  the 
purchase  of  lands. 

§  5.  Whenever  the  principal  of  any  of  the  bonds  indorsed  **  University 
Funds,"  in  the  hands  of  the  treasurer,  shall  be  paid,  the  amount  so  paid  shall 
be  reinvested  in  like  manner  as  is  provided  for  in  section  three. 

For  further  endowment  and  support,  see  Stats.  1877-8,  337;  1887,  2;  1897,  44;  1901,  110; 
1901,    307. 

UNIVERSITY  OF  CALIFORNIA— ORGANIC  ACT. 

To  create  and  organize  the  University  of  California. 
(Stats.  1867-8,  248,  ch.  CCXLIV;  amended  1871-2,  655,  ch.  CCCCXL;  1897,  57, 

ch.  LXV.) 
§  1.     A  state  university  is  hereby  created,  pursuant  to  the  requirements  of 
section  four,  article  nine,  of  the  constitution  of  the  state  of  California,  and  in 


1430  UNIVERSITY     OF     CALIFORNIA — ORGANIC     ACT. 

order  to  devote  to  the  largest  purposes  of  education,  the  benefaction  made  to 
the  state  of  California  under  and  by  the  provisions  of  an  act  of  Congress  passed 
July  second,  eighteen  hundred  and  sixty-two,  entitled  an  act  donating  land  to 
the  several  states  and  territories  which  may  provide  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts.  The  said  university  shall  be  called 
the  University  of  California,  and  shall  be  located  upon  the  grounds  heretofore 
donated  to  the  state  of  California  by  the  president  and  board  of  trustees  of 
the  College  of  California.  The  said  university  shall  be  under  the  charge  and 
control  of  a  board  of  directors,  to  be  known  and  styled  "The  Eegents  of  the 
University  of  California."  The  university  shall  have  for  its  design,  to  provide 
instruction  and  complete  education  in  all  the  departments  of  science,  literature, 
art,  industrial  and  professional  pursuits,  and  general  education,  and  also  spe- 
cial courses  of  instruction  for  the  professions  of  agriculture,  the  mechanic  arts, 
mining,  military  science,  civil  engineering,  law,  medicine  and  commerce,  and 
shall  consist  of  various  colleges,  namely : 
First — College  of  arts. 
Second — A  college  of  letters. 

Third — Such  professional  and  other  colleges  as  may  be  added  thereto  or 
connected  therewith. 

§  2.  Each  full  course  of  instruction  shall  consist  of  its  appropriate  studies, 
and  shall  continue  for  at  least  four  years,  and  the  faculty,  instructors  and 
body  of  students  in  each  course  shall  constitute  a  college,  to  be  designated  by 
its  appropriate  name.  For  this  purpose  there  shall  be  organized  as  soon  as  the 
means  appropriated  therefor  shall  permit: 

First — The  following  colleges  of  arts ;  a  state  college  of  agriculture ;  a  state 
college  of  mechanic  arts;  a  state  college  of  mines;  a  state  college  of  civil 
engineering;  and  such  other  colleges  of  arts  as  the  board  of  regents  may  be 
able  and  find  it  expedient  to  establish. 
Second — A  state  college  of  letters. 

Third — Colleges  of  medicine,  law  and  other  like  professional  colleges. 
§  3.  A  proper  degree  of  each  college  shall  be  conferred  at  the  end  of  the 
course  upon  such  students  as,  having  completed  the  same,  shall,  at  the  annual 
examination,  be  found  proficient  therein;  but  each  college  shall  also  have  a 
partial  course  for  those  who  may  not  desire  to  pursue  a  full  course  therein; 
and  any  resident  of  California,  of  the  age  of  fourteen  years  or  upwards,  of  ap- 
proved moral  character,  shall  have  the  right  to  enter  himself  in  the  univer- 
sity as  a  student  at  large,  and  receive  tuition  in  any  branch  or  branches  of  in- 
struction at  the  time  when  the  same  are  given  in  their  regular  course,  on  such 
terms  as  the  board  of  regents  may  prescribe.  The  said  board  of  regents  shall 
endeavor  so  to  arrange  the  several  courses  of  instruction  that  the  students  of 
the  different  colleges  and  the  students  at  large  may  be  largely  brought  into 
social  contact  and  intercourse  Avith  each  other  by  attending  the  same  lectures 
and  branches  of  instruction. 

§  4.  The  college  of  agriculture  shall  be  first  established ;  but  in  selecting 
the  professors  and  instructors  for  the  said  college  of  agriculture,  the  regents 
shall,  so  far  as  in  their  power,  select  persons  possessing  such  acquirements  in 
their  several  vocations  as  will  enable  them  to  discharge  the  duties  of  professors 


UNIVERSITY     OF     CALIFORNIA — ORGANIC     ACT.  143T 

in  the  several  colleges  of  meclianic  arts,  of  mines  and  of  civil  engineering,  and 
in  such  other  colleges  as  may  be  hereafter  established.  As  soon  as  practicable 
a  system  of  moderate  and  manual  labor  shall  be  established  in  connection  with  the 
agricultural  college,  and  upon  its  agricultural  and  ornamental  grounds,  having 
for  its  object  practical  education  in  agriculture,  landscape  gardening,  the 
health  of  the  students,  and  to  afford  them  an  opportunity  by  their  earnings  of 
defraying  a  portion  of  the  expenses  of  their  education.  These  advantages 
shall  be  open  in  the  first  instance  to  students  in  the  college  of  agriculture,  who 
shall  be  entitled  to  a  preference  in  that  behalf. 

§  5.  The  college  of  mechanic  arts  shall  be  next  established ;  and  in  organiz- 
ing this,  or  any  other  college,  the  same  regard  hereinbefore  indicated  shall  be 
had  for  the  general  acquirements  of  each  professor  and  instructor,  so  that  he 
may  be  able  to  give  general  and  special  instruction  in  as  many  classes  and 
sources  of  instruction  as  possible;  and  inasmuch  as  the  original  donation, 
out  of  which  the  plan  of  a  state  university  has  had  its  rise,  was  made  to 
the  state  by  virtue  of  the  aforesaid  act  of  Congress  entitled  an  act  donating 
land  to  the  several  states  and  territories  wdiich  may  provide  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts,  approved  July  second,  eighteen 
hundred  and  sixty-two,  the  said  board  of  regents  shall  always  bear  in  mind 
that  the  college  of  agriculture  and  the  college  of  mechanic  arts  are  an  es- 
pecial object  of  their  care  and  superintendence,  and  that  they  shall  be  con- 
sidered and  treated  as  entitled  primarily  to  the  use  of  the  funds  donated  for 
their  establishment  and  maintenance  by  the  said  act  of  Congress. 

§  6.  The  college  of  mines  and  the  college  of  civil  engineering  shall  be  next 
established,  and  such  other  .colleges  of  arts  as  the  board  of  regents  may  be 
able  to  establish  with  the  means  in  their  possession  or  under  their  control ;  and 
in  order  to  fulfil  the  requirements  of  said  act  of  Congress,  all  able-bodied 
male  students  of  the  university  whether  pursuing  full  or  partial  courses  in  any 
college,  or  as  students  at  large,  shall  receive  instruction  and  discipline  in  mili- 
tary tactics  in  such  manner  and  to  such  extent  as  the  regents  shall  prescribe, 
the  requisite  arms  for  w^hich  shall  be  furnished  by  the  state. 

§  7.  The  board  of  regents,  having  in  regard  the  said  donation  already  made 
to  the  state  by  the  president  and  board  of  trustees  of  the  College  of  California, 
and  their  proposition  to  surrender  all  their  property  to  the  state  for  the  benefit 
of  the  state  university,  and  to  become  disincorporate  and  go  out  of  existence 
as  soon  as  the  state  shall  organize  the  university,  by  adding  a  classical  college 
to  the  college  of  arts,  shall,  as  soon  as  they  deem  it  practicable,  establish  a 
college  of  letters.  The  college  of  letters  shall  be  coexistent  with  the  aforesaid 
colleges  of  arts,  and  shall  embrace  a  liberal  course  of  instruction  in  language, 
literature  and  philosophy,  together  wath  such  courses  or  parts  of  courses  in  the 
aforesaid  colleges  of  arts  as  the  authorities  of  the  university  shall  prescribe. 
The  degree  of  bachelor  of  arts,  upon  due  examination,  and  afterwards  the  de- 
gree of  master  of  arts,  in  usual  course,  shall  be  conferred  upon  the  graduates 
of  this  college.  But  the  provisions  herein  and  hereinbefore  contained  regarding 
the  order  in  which  the  said  colleges  shall  be  organized  shall  not  be  construed 
as  directing  or  permitting  the  organization  of  any  of  the  specified  colleges 
to  be  unnecessarily  delayed,  but  only  as  indicating  the  order  in  which  said 
colleges  shall  be  organized,  beginning  with  the  college  of  agriculture  and  ad- 


1438  UNIVERSITY     OF     CALIFORNIA— ORGANIC     ACT. 

ding  in  succession  to  the  body  of  instructors  in  that  and  the  other  colleges 
such  other  instructors  as  may  be  necessary  to  organize  the  other  colleges  suc- 
cessively in  the  order  above  indicated.  Only  the  first  year's  course  of  in- 
struction shall  be  provided  for  in  each  college  at  first,  the  other  successive 
years'  courses  being  added  in  each  year  as  the  students  advance  to  the  same, 
until  the  full  course  in  each  college  is  established ;  provided,  however,  that  the 
board  of  regents  may  organize  at  once  the  full  course  of  the  college  of  letters, 
if  in  their  judgment  it  is  expedient  so  to  do  in  order  to  allow  the  College  of 
California  to  immediately  convey  the  residue  of  its  property  to  the  state  for 
the  benefit  of  the  university,  and  to  become  disincorporate  and  go  out  of  ex- 
istence, pursuant  to  its  proposition  to  that  effect. 

§  8.  The  board  of  regents  may  affiliate  with  the  university,  and  make  an 
integral  part  of  the  same,  and  incorporate  therewith,  any  incorporated  college 
of  medicine  or  of  law,  or  other  special  course  of  instruction  now  existing,  or 
which  may  hereafter  be  created,  upon  such  terms  as  to  the  respective  corpora- 
tions may  be  deemed  expedient;  and  such  college  or  colleges  so  affiliated  shall 
retain  the  control  of  their  own  property,  with  their  own  boards  of  trustees, 
and  their  own  faculties  and  presidents  of  the  same,  respectively,  .and  the  stu- 
dents of  those  colleges,  recommended  by  the  respective  faculties  thereof,  shall 
receive  from  the  university  the  degrees  of  those  colleges;  provided,  however, 
that  the  president  of  the  university  shall  be,  ex  officio,  a  member  of  the  faculty, 
of  each  and  every  college  of  the  university,  and  president  of  such  faculty. 

§  9.  The  examinations  for  degrees  shall  be  annual,  and  the  board  of  re- 
gents shall  take  measures  to  make  such  examinations  thorough  and  complete. 
Students  who  shall  have  passed  not  less  than  a  full  year  as  resident  students 
in  any  college,  academy  or  school  in  this  state,  and,  after  examination  by  the 
respective  faculty  of  such  college,  academy,  or  school,  are  recommended  by 
such  faculty  as  proficient  candidates  for  any  degree  in  any  regular  course  of 
the  university,  shall  be  entitled  to  be  examined  therefor  at  the  annual  exam- 
ination; and,  on  passing  such  examination,  shall  receive  such  degree  for  that 
course,  and  the  diploma  of  the  university  therefor,  and  shall  rank  and  be  con- 
sidered in  all  respects  as  graduates  of  the  university.  All  students  of  the 
university  who  have  been  resident  students  thereof  for  not  less  than  one  year, 
and  all  graduates  of  the  university  in  any  course,  may  present  themselves  for 
examination  in  any  other  course,  or  courses,  at  the  annual  examinations,  and  on 
passing  such  examination  shall  receive  the  degree  and  diploma  of  that  course. 
Upon  such  examinations  each  professor  and  instructor  of  that  course  shall 
cast  one  vote  upon  each  application  for  recommendation  to  the  board  of  re- 
gents for  a  degree,  and  the  votes  shall  be  by  ballot.  In  case  the  College  of 
California  shall  surrender  its  property  to  the  university,  and  said  donation 
shall  be  accepted  by  the  board  of  regents,  and  said  College  of  California  shall 
thereafter  become  disincorporate  in  pursuance  of  its  proposition  heretofore 
made  to  that  effect,  the  graduates  and  those  who  shall  have  received  the  de- 
grees of  that  college,  shall  receive  the  degrees  from  the  university,  and  be  con- 
sidered in  all  respects  graduates  of  the  same.  And  the  last  above  expressed 
provision  shall  apply  to  the  previous  graduates  of  any  incorporated  college 
of  medicine,  law,  or  other  professional  college  which  shall  become  affiliated 
with  the  university,  as  herein  otherwise  provided.    The  board  of  regents  shall 


UNIVERSITY     OF     CALIFORNIA — ORGANIC     ACT.  1438 

also  confer  certificates  of  proficiency  in  any  branch  of  study  upon  such  students 
of  the  university  as,  upon  examination,  shall  be  found  entitled  to  the  same. 
The  style  of  diplomas  and  degrees  shall  be:  "University  of  California,  College 
of  Agriculture;"  or,  with  the  name  of  the  other  respective  college;  but  hon- 
orary degrees  for  the  higher  degrees,  not  lower  than  that  of  master  of  arts, 
may  be  conferred,  with  the  designation  of  the  ifniversity  alone,  upon  persons 
distinguished  in  literature,  science  and  art. 

§  10.  Scholarships  may  be  established  in  the  university  by  the  state,  as- 
sociations or  individuals,  for  the  purpose  of  afi'ording  tuition  in  any  course  of 
the  university,  free  from  the  ordinary  charges,  to  any  scholar  in  the  public 
schools  of  the  state,  who  shall  distinguish  himself  in  study,  according  to  the 
recommendation  of  his  teachers,  and  shall  pass  the  previous  examination  re- 
quired for  the  grade  at  which  he  wishes  to  enter  the  university,  or  for  the 
purpose  of  private  benefaction;  provided,  that  the  said  scholarships  shall  be 
approved  and  accepted  by  the  board  of  regents. 

§  11.  The  general  government  and  superintendence  of  the  university  shall 
vest  in  a  board  of  regents,  to  be  dominated  the  "Regents  of  the  University  of 
California,"  who  shall  become  incorporated  under  the  general  laws  of  the 
state  of  California  by  that  corporate  name  and  style.  The  said  board  shall 
consist  of  twenty-two  members,  all  of  whom  shall  be  citizens  and  permanent 
residents  of  the  state  of  California,  as  follows : 

First — Of  the  following  ex  officio  members,  namely:  His  excellency  the 
governor;  the  lieutenant  governor,  or  the  person  acting  as  such;  the  speaker, 
for  the  time  being,  of  the  assembly;  the  state  superintendent  of  public  in- 
struction ;  the  president,  for  the  time  being,  of  the  state  agricultural  society ; 
and  the  president,  for  the  time  being,  of  the  Mechanics'  Institute  of  the  city 
and  county  of  San  Francisco ; 

Secondly — Of  eight  other  appointed  members,  to  be  nominated  by  the  gov- 
ernor, by  and  with  the  advice  and  consent  of  the  senate,  who  shall  hold  their 
office  for  the  term  of  sixteen  years ;  provided,  that  such  members  first  so 
appointed  shall  be  classified  by  lot  at  the  first  meeting  of  the  board  of  regents, 
so  that  one  of  the  numbers  so  appointed  shall  go  out  of  office  at  the  end  of 
every  successive  two  years,  and  after  that  the  full  term  to  be  sixteen  years; 
and  the  record  of  such  classification  shall  be  transmitted  by  said  board  of 
regents  to  the  secretary  of  state  and  filed  in  his  office ; 

Thirdly — Of  eight  additional  honorary  members,  to  be  chosen  from  the 
body  of  the  state  by  the  official  and  appointed  members,  who  shall  hold  their 
office  for  the  term  of  sixteen  years ;  provided,  that  such  honorary  members  first 
so  chosen  shall  be  classified  by  lot,  when  so  appointed,  by  the  board  of  regents 
so  appointing  them,  so  that  one  of  the  members  so  chosen  shall  go  out  of 
office  at  the  end  of  each  successive  two  years,  and  after  that  the  full  term  to 
be  sixteen  years;  and  the  record  of  such  classification  shall  be  transmitted  by 
said  board  of  regents  to  the  secretary  of  state  and  filed  in  his  office.  Each 
member  of  the  said  board,  whether  official,  appointed  or  honorary,  shall,  if 
present,  be  entitled  to  one  vote  at  all  the  meetings  of  said  board.  The  first 
official  year  from  which  the  terms  of  office  shall  be  computed  to  run,  shall 
be  the  first  day  of  March,  in  the  year  eighteen  hundred  and  sixty-eight.  Va- 
cancies in  the  office  of  appointed  members  of  the  board,  occurring  in  the  recess 


J440  UNIVERSITY     OF     CALIFORNIA— ORGANIC     ACT. 

of  the  legislature,  shall  be  filled  for  the  rest  of  the  term  by  appointment  of 
the  governor.  Vacancies  in  the  office  of  honorary  members  occurring  from 
any  cause  other  than  expiration  of  the  term  by  limitation  shall  be  filled  for  the 
rest  of  the  term  by  appointment  of  the  board  of  regents.  In  case  the  senate 
shall  adjourn  before  the  governor  shall  have  nominated  the  first  appointed 
members  of  the  board  of  regents  under  this  act,  or  before  it  shall  have  con- 
firmed his  nomination  in  their  behalf,  the  governor  shall  appoint  the  same  by 
his  sole  act.  No  member  of  the  board  of  regents,  or  of  the  university,  shall  be 
deemed  a  public  officer  by  virtue  of  such  membership,  or  required  to  take  any 
oath  of  office,  but  his  employment  as  such  shall  be  held  and  deemed  to  be  ex- 
clusively a  private  trust,  and  no  person  who  at  the  time  holds  any  executive 
office  or  appointment  under  the  state  shall  be  a  member  of  said  board,  except 
the  executive  officers  above  mentioned.  The  governor  shall  be  president  of 
the  board  of  regents,  and  in  his  absence  the  board  shall  appoint  a  president  pro 
tempore. 

§  12.  The  said  board  of  regents,  when  so  incorporated,  shall  have  the  cus- 
tody of  the  books,  records,  buildings,  and  all  other  property  of  the  university. 
The  lands  and  other  property  heretofore  donated  to  the  state  by  the  president 
and  trustees  of  the  College  of  California,  and  which  are  situated  in  the  town- 
ship of  Oakland,  in  the  county  of  Alameda,  for  the  purpose  of  erecting  thereon 
an  agricultural  college,  and  for  other  purposes  mentioned  in  the  deed  of  con- 
veyance by  which  the  same  were  so  conveyed,  shall  be  and  forever  remain 
vested  in  the  state  of  California ;  as  shall  also  be  so  vested  in  the  said  state  all 
property  which  shall  be  purchased  by  the  funds  of  the  state,  or  from  the  pro- 
ceeds of  donations  made  to  the  state  for  the  purpose  of  the  universit}^,  or  of 
any  of  the  colleges  or  professorships  thereof;  and  the  said  board  of  regents 
shall  have  no  power  to  alienate  or  encumber,  by  mortgage,  hypothecation, 
lien,  or  otherwise,  any  portion  of  said  property  except  on  terms  such  as  the 
legislature  shall  have  previously  approved ;  any  act  of  the  said  regents,  or 
of  any  other  person,  which  shall  purport  to  have  that  effect  shall  be  wholly 
null  and  void.  All  lands,  moneys,  bonds,  securities  or  other  property  which 
shall  be  donated,  conveyed  or  transferred  to  the  said  board  of  regents  by 
gift,  devise,  or  otherwise,  including  such  property  as  may  hereafter  be  donated 
and  conveyed  by  the  president  and  board  of  trustees  of  the  College  of 
California,  in  trust,  or  otherwise,  for  the  use  of  said  university,  or  of 
any  college  thereof,  or  of  any  professorship,  chair,  or  scholarship  therein, 
or  for  the  library,  observatory,  or  any  other  purpose  appropriate  thereto,  shall 
be  taken,  received,  held,  managed,  invested,  reinvested,  sold,  transferred,  and 
in  all  respects  managed,  and  the  proceeds  thereof  used,  bestoAved,  invested  and 
reinvested,  by  the  said  board  of  regents,  in  their  corporate  name  and  capacity, 
for  the  purposes  and  under  the  terms,  provisions  and  conditions  respectively 
prescribed  by  the  act  of  gift,  devise,  or  other  act  in  the  respective  case.  In 
case  any  incorporated  college  of  law,  medicine,  or  the  like,  shall  be  brought 
into  the  said  university  by  affiliation,  as  herein  otherwise  provided,  such  college 
so  affiliated  may  retain  its  own  property,  then  possessed  by  it  or  thereafter  to 
be  acquired,  to  be  vested  in,  and  held  and  managed  by  its  own  corporation,  and 
the  said  board  of  regents  shall  have  no  right  of  property  in,  or  power  or  control 
over  the  same,  nor  shall  be  liable  for  any  acts  or  contracts  of  such  affiliated 
corporation. 


UNIVERSITY     OF     CALIFORNIA — ORGANIC     ACT.  1441 

§  13,  The  regents  and  their  successors  in  office,  when  so  incorporated,  shall 
have  power,  and  it  shall  be  their  duty,  to  enact  laws  for  the  government  of  the 
university,  to  elect  a  president  of  the  university  and  the  requisite  number  of 
professors,  instructors,  officers  and  employees,  and  to  fix  their  salaries,  also 
the  term  of  office  of  each,  and  to  determine  the  moral  and  educational  quali- 
fication of  applicants  for  admission  to  the  various  courses  of  instruction.  They 
shall  also  consider  and  determine  whether  the  interests  of  the  university  and  of 
the  students,  as  well  as  those  of  the  state,  and  of  the  great  body  of  scientific 
men  in  the  state  whose  purpose  is  to  devote  themselves  to  public  instruction, 
will  not  be  greatly  promoted  by  committing  those  courses  of  instruction  which 
are  brief  and  special  to  professors  employed  for  short  terms,  and  for  only  a 
portion  of  each  year  in  their  special  departments,  and  to  be  termed  non-resident 
professors;  and  their  decision  in  that  regard  may  be  reconsidered  by  them  as 
often  as  they  deem  is  expedient.  And  it  is  expressly  provided  that  no  sectarian, 
political  or  partizan  test  shall  ever  be  allowed  or  exercised  in  the  appointment 
of  regents,  or  in  the  election  of  professors,  teachers,  or  other  officers  of  the 
university,  or  in  the  admission  of  students  thereto,  or  for  any  purpose  whatso- 
ever; nor  at  any  time  shall  the  majority  of  the  board  of  regents  be  of  any 
one  religious  sect,  or  of  no  religious  sect;  and  persons  of  every  religious  de- 
nomination, or  of  no  religious  denomination,  shall  be  equally  eligible  to  all  offices, 
appointments  and  scholarships. 

§  14.  For  the  time  being,  an  admission  fee  and  rate  of  tuition,  such  as  the 
board  of  regents  shall  deem  expedient,  may  be  required  of  each  pupil,  except 
as  herein  otherwise  provided ;  and  as  soon  as  the  income  of  the  university 
shall  permit,  admission  and  tuition  shall  be  free  to  all  residents  of  the  state; 
and  it  shall  be  the  duty  of  the  regents,  according  to  population,  to  so  apportion 
the  representation  of  students,  when  necessary,  that  all  portions  of  the  state 
shall  enjoy  equal  privilege  therein. 

§  15.  The  president  of  the  university  shall  be  president  of  the  several  facul- 
ties and  the  executive  head  of  the  institution  in  all  its  departments,  except  as 
herein  otherwise  provided.  He  shall  have  authority,  subject  to  the  board  of 
regents,  to  give  general  direction  to  the  practical  affairs  of  the  several  colleges, 
and,  in  the  recess  of  the  board  of  regents,  to  remove  any  employee  or  subordi- 
nate officer  not  a  member  of  any  faculty  and  to  supply  for  the  time  being  any 
vacancies  thus  created ;  and,  so  long  as  the  interests  of  the  institution  require  it, 
he  shall  be  charged  with  the  duties  of  one  of  the  professorships.  A  competent 
person,  who  is  a  practical  agriculturist  by  profession,  competent  to  superintend 
the  workings  of  the  agricultural  farm,  and  of  sufficient  scientific  acquirements 
to  discharge  the  duties  of  secretary  of  the  board  of  regents  as  prescribed  in 
this  act,  shall  be  chosen  by  said  board  as  their  secretary,  and,  in  addition  to 
his  special  duties  as  such,  as  prescribed  in  this  act,  he  shall  perform  such  other 
duties  as  they  shall  impose.  He  shall  receive  for  his  services  such  reasonable 
salary  as  the  board  of  regents  shall  prescribe.  The  board  of  regents  may  also 
appoint  a  treasurer  of  the  university,  and  prescribe  the  form  and  sureties  of  his 
bond  as  such,  which  shall  be  executed,  approved  by  them  and  filed  with  the 
secretary,  before  any  such  treasurer  shall  go  into  office.  Thi;  secretary  and 
treasurer  shall  be  subject  to  summary  removal  by  the  board  of  regents. 

§  16.     The  secretary  of  the  board  of  regents  shall  reside  and  keep  his  office 

Gen.  Laws — 91 


1443  UNIVERSITY     OF     CALIFORNIA — ORGANIC     ACT. 

at  the  seat  of  the  university.  It  shall  be  his  duty  to  keep  a  record  of  the  trans- 
actions of  the  board  of  regents,  which  shall  be  open  at  all  times  to  the  inspec- 
tion of  any  citizen  of  this  state.  He  shall  also  have  the  custody  of  all  books, 
papers,  documents,  and  other  property  which  may  be  deposited  in  his  ofQce; 
also  keep  and  file  all  reports  and  communications  which  may  be  made  to  the 
university  from  time  to  time  by  county,  state  and  district  agricultural  socie- 
ties, horticulture,  viniculture,  mechanical  and  mining  societies ;  and  of  all  cor- 
respondence from  other  persons  and  societies  appertaining  to  the  business  of 
education,  science,  art,  husbandry,  mechanics  and  mining;  address  circulars 
to  societies,  and  to  the  best  practical  farmers,  mechanics  and  miners  in  this 
state  and  elsewhere,  with  a  view  of  eliciting  information  upon  the  latest  and 
best  modes  of  culture  of  the  products,  vegetables,  trees,  et  cetera,  adapted  to  the 
soil  and  climate  of  the  state,  and  also  on  all  subjects  connected  with  field 
culture,  horticulture,  stock  raising  and  the  dairy;  he  shall  also  correspond 
with  established  schools  of  mining  and  metallurgy  in  Europe,  and  obtain  such 
information  respecting  the  improvements  of  mining  machinery  adapted  to 
California,  and  publish  from  time  to  time  such  information,  as  will  be  of 
practical  benefit  to  the  mining  interests  and  the  working  of  all  ores  and  metals ; 
receive  and  distribute  such  rare  and  valuable  seeds,  plants,  shrubbery  and  trees 
as  may  be  in  his  power  to  procure  from  the  general  government  and  other  sources, 
as  may  be  adapted  to  our  climate  and  soils,  or  to  purposes  of  experiment 
therein.  To  efilect  these  objects  he  shall  correspond  wuth  the  patent  office  at 
"Washington,  and  with  the  representatives  of  our  national  government  abroad, 
and,  if  possible,  procure  valuable  contributions  to  agriculture  from  these 
sources.  He  shall  aid,  as  far  as  possible,  in  obtaining  contributions  to  the 
museums  and  the  library  of  the  said  college,  and  thus  aid  in  the  promotion 
of  agriculture,  science  and  literature.  He  shall  keep  a  correct  account  of  all 
the  executive  acts  of  the  president  of  the  university  and  an  accurate  account 
of  all  moneys  received  into  the  treasury  as  well  as  those  paid  out. 

§  17.  The  seeds,  plants,  trees  and  shrubbery  received  by  the  secretary  and 
not  needed  by  the  university  shall  be,  so  far  as  possible,  distributed  without 
charge  equally  throughout  the  state,  and  placed  in  the  hands  of  those  farmers 
and  others  who  will  agree  to  cultivate  them  properly  and  return  to  the  secre- 
tary's office  a  reasonable  proportion  of  the  products  thereof,  with  a  full  state- 
ment of  the  mode  of  cultivation,  and  such  other  information  as  may  be 
necessary  to  ascertain  their  value  for  general  cultivation  in  the  state.  Informa- 
tion in  regard  to  agriculture,  the  mechanic  arts,  mining  and  metallurgy  may  be 
published  by  him  from  time  to  time  in  the  newspapers  of  the  state  as  matter  of 
public  information,  provided  it  does  not  involve  any  expense  to  the  state. 

§  18.  The  immediate  government  and  discipline  of  the  several  colleges  shall 
be  instrusted  to  their  respective  faculties,  to  consist  of  a  president  and  the  resi- 
dent professors  of  the  same,  each  of  which  shall  have  its  own  organization, 
regulate  the  affairs  of  its  own  college,  recommending  the  course  of  study  and 
the  text-books  to  be  used,  for  the  approval  of  the  board  of  regents,  and,  in  con- 
nection with  the  president  as  its  executive  officer,  have  the  government  of  its 
students.  All  the  faculties  and  instructors  of  the  university  shall  be  com- 
bined into  a  body  which  shall  be  known  as  the  academic  senate,  which  shall 
have  stated  meetings  at  regular  intervals  and  be  presided  over  by  the  president, 


UNIVERSITY     OF     CALIFORNIA— ORGANIC     ACT.  1443 

or  a  president  pro  tempore,  and  which  is  created  for  the  purpose  of  conducting 
the  general  administration  of  the  university  and  memorializing  the  board  of 
regents ;  regulating,  in  the  first  instance,  the  general  and  special  courses  of  in- 
struction, and  to  receive  and  determine  all  appeals  couched  in  respectful  terms 
from  acts  of  discipline  enforced  by  the  faculty  of  any  college.  Its  proceedings 
shall  be  conducted  according  to  rules  of  order;  and  every  person  engaged  in 
instruction  in  the  university,  whether  resident  professors,  non-resident  pro- 
fessors, lecturers,  or  instructors,  shall  have  permission  to  participate  in  its 
discussions ;  but  the  right  to  vote  shall  be  confined  to  the  president  and  the 
resident  and  non-resident  professors.  But  the  regents  shall  have  power  to 
supervise  the  general  courses  of  instruction,  and  on  the  recommendation  of  the 
several  faculties  prescribe  the  authorities  and  text-books  to  be  used  in  the 
several  courses  and  colleges,  and  also  to  confer  such  degrees  and  grant  such 
diplomas  as  are  usual  in  universities,  or  as  they  shall  deem  appropriate ;  pro- 
vided, no  honorary  degree  of  any  college  or  course  shall  be  granted  by  the 
regents,  nor  shall  any  degree,  certificate,  or  diploma,  for  any  course  or  branch 
of  instruction,  be  granted  by  the  regents,  unless  upon  examination  therefor  as 
prescribed  in  this  act,  except  the  substituted  degrees  and  diplomas  provision- 
ally provided  or  those  having  received  degrees  from  the  College  of  California, 
in  case  the  said  college  becomes  extinct  and  disincorporates,  and  for  the 
graduates  of  affiliated  professional  colleges  as  herein  otherwise  provided. 

§  19.  At  the  close  of  each  fiscal  year  the  regents,  through  their  president, 
shall  make  a  report  in  detail  to  the  governor,  exhibiting  the  progress,  condition 
and  wants  of  each  of  the  colleges  embraced  in  the  university,  the  course  of 
study  in  each,  the  number  of  professors  and  students,  the  amount  of  receipts 
and  disbursements,  together  with  the  nature,  cost  and  results  of  all  important 
investigations  and  experiments,  and  such  other  information  as  they  may  deem 
important ;  one  printed  copy  of  which  shall  be  transmitted,  free,  by  their  sec- 
retary, to  all  colleges  endowed  under  the  provisions  of  the  congressional  act 
of  July  second,  eighteen  hundred  and  sixty-two,  hereinbefore  referred  to;  also 
one  printed  copy  to  the  secretary  of  the  interior,  as  provided  in  said  act. 

§  20.  For  the  endowment  and  support  of  the  university  and  its  buildings 
and  improvements,  there  are  hereby  appropriated: 

First — The  capital,  income,  proceeds,  securities,  avails  and  interest  that  have 
accrued  or  may  hereafter  accrue  from  the  sale  of  the  seventy-two  sections  of 
land  granted  to  the  state  for  a  seminary  of  learning  by  an  act  of  Congress  en- 
titled an  act  to  provide  for  the  survey  of  the  public  lands  in  California,  the 
granting  of  pre-emption  rights  therein,  and  for  other  purposes,  approved  March 
third,  eighteen  hundred  and  fifty-three,  and  from  the  sale  of  the  ten  sections 
of  land  granted  to  the  state  for  public  buildings,  by  said  act  of  Congress,  which 
shall  be  forthwith,  so  far  as  the  same  have  been  received,  and  hereafter  as 
fast  as  the  same  shall  be  received  by  any  of  the  officers  of  the  state,  shall  be 
paid  over  to  the  said  board  of  regents  upon  their  order  therefor. 

Secondly — The  income,  revenue  and  avails  which  shall  be  derived  or  received 
from  the  investment  of  the  proceeds  of  the  sale  of  the  lands,  or  of  the  scrip  there- 
for, or  of  any  part  thereof,  granted  to  this  state  by  an  act  of  Congress  entitled 
an  act  donating  public  lands  to  the  several  states  and  territories  of  the  United 
States  for  the  benefit  of  agriculture  and  the  mechanic  arts,  approved  July 


1444  UNIVERSITY     OF     CALIFORNIA— ORGANIC     ACT. 

second,  eighteen  hundred  and  sixty-two,  which  are  hereby  appropriated  to,  and, 
from  time  to  time,  as  the  same  shall  be  received,  shall  be  paid  into  the  state 
treasury,  carried  to  the  credit  of  the  said  board  of  regents,  and  paid  over  to  the 
treasurer  of  the  university,  for  the  use  and  behoof  of  the  said  university,  and 
expended  by  said  board  as  elsewhere  prescribed  in  this  act ;  and  said  lands  shall 
be  located  and  sold  under  the  direction  of  the  board  of  regents,  and  for  such 
price  and  on  such  terms  only  as  they  shall  prescribe. 

Thirdly — All  such  contributions  to  the  endowment,  or  other  funds,  as  may 
be  derived  from  appropriations  by  the  state,  from  the  United  States,  or  from 
public  or  private  bounty.  The  entire  income  of  said  funds  shall  be  placed  at 
the  disposition  of  the  board  of  regents  for  the  support  of  the  university,  and  of 
the  several  colleges  and  schools  thereof,  as  herein  otherwise  provided,  with  the 
exception  of  such  affiliated  incorporated  colleges  as  shall  preserve  their  own 
property  and  the  income  thereof,  as  herein  otherwise  provided ;  and  provided, 
moreover,  that  all  means  derivable  from  either  public  or  private  bounty  shall 
be  exclusively  devoted  to  the  specific  objects  for  which  they  shall  have  been 
designed  by  the  grantor.  The  board  of  regents  may  appoint  competent  per- 
sons to  solicit  and  collect  private  contributions  for  the  endowment  of  the  uni- 
versity, and  pay  them  for  their  services  in  that  behalf,  out  of  the  funds  so 
obtained  by  them,  such  reasonable  compensation  as  the  said  board  may  pre- 
scribe. 

Fourthly — All  such  appropriations  as  may  be  made  for  that  purpose  by  the 
legislature. 

§  21.  For  the  current  expenditures  of  the  university,  specific  sums  of  money 
shall  be  set  aside  out  of  the  funds  at  their  disposal,  by  the  board  of  regents, 
which  shall  be  liable  to  disbursement  for  that  purpose,  and  shall  be  subject  to 
the  warrants  of  the  president  of  the  board  drawn  upon  the  treasurer  of  the 
university  in  pursuance  of  the  orders  of  the  board  of  regents.  All  moneys 
received  from  labor  and  incidental  sources  shall  be  paid  into  the  treasury  and 
expended  in  the  same  manner  as  other  moneys.  All  moneys  which  may  at 
any  time  be  in  the  state  treasury,  and  subject  to  the  use  of  the  said  board  of 
regents,  may  be  drawn  therefrom  by  the  president  of  the  board,  upon  the  order 
of  said  board,  in  favor  of  the  treasurer  of  the  university. 

§  22.  Meetings  of  the  board  of  regents  may  be  called  in  such  manner  as 
the  regents  shall  determine,  seven  of  whom  shall  constitute  a  quorum  for  the 
transaction  of  business;  but  a  less  number  may  adjourn  from  time  to  time. 
No  member  of  the  board  shall  receive  any  compensation  for  his  services  as 
such  member,  nor  be  entitled  to  reimbursement  for  his  traveling  or  other  ex- 
penses while  employed  on  the  business  of  the  board. 

§  23.  The  regents  shall,  when  they  shall  be  in  possession  of  funds  for  that 
purpose,  organize  and  put  into  operation  the  first  year's  course  of  instruction 
in  as  many  of  the  said  colleges  as  possible.  If  the  buildings  of  the  university 
are  not  sufficiently  completed  at  that  time  to  be  occupied  for  that  purpose,  the 
regents  are  authorized  to  make  temporary  arrangements  for  sufficient  build- 
ings, the  use  of  apparatus  and  for  other  needful  purposes,  in  the  city  of  Oak- 
land, if  the  same  shall  be  practicable. 

§  24.  The  collections  by  the  state  geological  survey  shall  belong  to  the 
university,  and  the  regents  shall,  in  their  plans,  have  in  view  the  early  and 


UNIVERSITY     OF     CALIFORNIA— ORGANIC     ACT.  1445 

secure  arrangement  of  the  same  for  the  use  of  the  students  of  the  university, 
and  of  giving  access  to  the  same  to  the  public  at  large  and  to  visitors  from 
abroad;  and  shall  in  every  respect,  by  acts  of  courtesy  and  accommodation, 
encourage  the  visits  of  persons  of  scientific  tastes  and  acquirements  from  other 
portions  of  the  United  States  and  of  other  countries,  to  California.  The  said 
collections  shall  be  arranged  by  the  resident  professors  of  the  university  in  a 
separate  building,  which  shall  be  denominated  the  "Museum  of  the  Univer- 
sity." To  this  museum  shall  also  be  added,  as  fast  as  the  means  of  the  uni- 
versity shall  permit,  collections  of  agricultural  implements,  and  objects 
illustrative  of  the  mechanic  arts,  science,  architecture  and  the  fine  arts.  The 
collection  of  a  library  shall  be  commenced  at  once,  and  increased  and  expanded 
as  fast  as  the  board  of  regents  are  placed  in  possession  of  funds  for  that  pur- 
pose. But  the  board  of  regents  may  allow  duplicates  to  be  taken  from  said 
collections  of  the  state  geological  survey  and  made  a  part  of  some  other 
museum  under  the  care  of  an  incorporated  academy  of  science,  which  shall 
become  responsible  for  the  custody  and  return  of  the  same. 

§  25.  The  regents  shall  devise,  and  cause  to  be  constructed,  such  buildings 
as  shall  be  needed  for  the  use  of  the  University  of  California.  Such  a  plan 
shall  be  adopted  that  separate  buildings  may  be  constructed  and  set  aside  for 
separate  uses,  yet  such  buildings  shall  be  grouped  upon  a  general  plan  so 
that  such  buildings  may  harmonize  therewith,  and  be  a  part  of  one  design.  The 
construction  and  equipment  of  the  buildings  shall  in  every  instance  be  let  upon 
specifications  and  advertisement  of  not  less  than  ten  days  in  at  least  two  daily 
newspapers  of  the  city  and  county  of  San  Francisco,  to  the  lowest  responsible 
bidder  upon  sealed  proposals.  The  regents  may  require  adequate  security 
from  all  bidders,  and  shall  have  power  to  reject  any  and  all  bids  and  adver- 
tise anew.  They  shall  take  measures  for  the  immediate  and  permanent 
improvement  of  the  grounds  of  the  university,  and  may  make  such  contracts 
therefor,  or  for  any  part  thereof,  as  they  may  deem  advisable.  The  pro- 
visions of  all  acts  for  the  erection  of  state  buildings,  or  the  improvement  of 
state  grounds,  in  conflict  with  this  act,  shall  not  apply  to  the  grounds  and 
buildings  of  the  University  of  California.     [Amendment,  Stats.  1897,  57.] 

§  26.  An  act  entitled  an  act  to  establish  an  agricultural,  mining  and  me- 
chanical arts  college,  approved  March  thirty-first,  eighteen  hundred  and  sixty- 
six,  and  all  acts  or  parts  of  acts  inconsistent  with  this  act,  are  hereby  repealed, 
so  far  as  they  conflict  with  the  provisions  of  this  act.  But  the  board  of  direc- 
tors of  the  agricultural,  mining  and  mechanic  arts  college  of  this  state  are 
authorized  and  directed  to  transfer  and  convey  all  its  property  real  and  per- 
sonal, and  all  its  effects,  rights  and  interests  of  property,  to  the  regents  of  the 
University  of  California ;  and  said  regents  may  accept  and  take  possession 
of  said  property,  and  may,  if  they  appprove  the  same,  ratify  and  confirm  any 
contracts,  executed  or  unexecuted,  made  by  said  directors ;  and  for  the  purpose 
of  carrying  out  the  purposes  of  this  section  said  directors  are  continued  in 
office  until  the  powers  herein  conferred  shall  be  duly  executed. 

§  27.     This  act  shall  take  efi'ect  immediately  from  and  after  its  passage. 

By   §  9   of   art.    IX    of   the    constitution    of  ually   continued    in   the   form   and   character 

1879.  it  is  declared  that  the  university  shaU  prescribed   by   the   organic  act   creating   the 

constitute    a   public   trust,    and   that    its    or-  same    (see    ante    p.    1435),    and    the    several 

ganizaMon  and  government  shall  be  perpet-  acts    amendatory    thereof,    subject    only    to 


1446  UNIVERSITY    OP    CALIFORNIA — APPROPRIATIONS. 

such   legislative   control   as    may   be    neces-  to  the  creative  act  of  1867-8,   and  the   "en- 

sary   to   insure   compliance   with  its   endow-  dowment"    act    of    1869-70.       Owing    to    the 

ments,    and   the   proper    investment   and    se-  above    language    of    the    constitution,    those 

curity    of   its    funds,    etc.  acts    have   been   here   inserted. 

The  university  forms  the  subject  of  chap-  For    aid,    appropriations,    and    endowmeut, 

ter  I  of  title   III  of  Pol.   Code    (§§  1385-1477,  see  next  following  several  statutes, 
inclusive),    which    was    adopted    subsequent 

UNIVERSITY  OF  CALIFORNIA— APPROPRIATIONS. 

Making  an  appropriation  of  fifty  thousand  dollars  for  the  use  and  benefit  of 
the  University  of  California,  directing  the  special  purpose  therefor,  and 
prescribing  the  duties  of  the  controller  and  treasurer  in  relation  thereto. 
(Stats.  1901,  110,  ch.  XCVI.) 

Whereas,  By  the  terms  of  an  act  of  Congress  approved  the  second  day  of 
July,  anno  Domini  eighteen  hundred  and  sixty-two,  granting  certain  public 
lands  to  the  several  states  and  territories  of  the  United  States  to  provide  a 
perpetual  fund  for  the  endowment,  support  and  maintenance  of  colleges,  it 
was  prescribed  that  the  capital  thereof  shall  remain  forever  undiminished,  and 
further  that  if  any  portion  thereof  should  in  any  event  be  lost,  the  state  to 
which  it  belongs  shall  replace  the  amount,  so  that  the  capital  of  the  fund  shall 
remain  forever  undiminished ;  and 

Whereas,  William  C.  Turner,  late  of  Merced,  California,  did  in  his  lifetime 
borrow  from  the  regents  of  the  University  of  California,  a  beneficiary  of  the 
act  of  Congress,  aforesaid,  the  sum  of  forty-seven  thousand  ($47,000)  dollars, 
money  of  the  perpetual  fund  provided  for  the  University  of  California  by  the 
said  act  of  Congress,  and  a  loss  or  diminution  of  the  perpetual  fund  may  by 
possibility  result  therefrom ;  now,  therefore, 

§  1.  The  sum  of  fifty  thousand  ($50,000)  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  for  the  use, 
benefit,  maintenance,  and  support  of  the  University  of  California,  The  sura 
hereby  appropriated  shall  be  in  addition  to  all  other  sums  of  money  provided 
for  the  use  of  the  University  of  California ;  but  in  the  event  any  diminution  of 
the  perpetual  endowment  fund  of  the  University  of  California  results  from  the 
loan  to  William  C.  Turner,  above  mentioned,  or  loss  is  caused  thereby,  the 
money  hereby  appropriated,  or  so  much  thereof  as  shall  be  necessary  therefor, 
shall  be  used  by  the  regents  of  the  University  of  California  to  make  good 
such  diminution  or  loss,  and  the  residue  only  shall  be  put  into  the  university 
fund ;  but  in  the  event  no  loss  or  diminution  arises  from  the  loan  to  William  C. 
Turner,  aforesaid,  then  the  whole  of  the  money  hereby  appropriated  shall  be 
paid  into  the  university  fund. 

§  2.  The  controller  is  authorized  and  directed  to  draw  his  warrant  for  the 
sum  hereby  appropriated,  payable  to  the  treasurer  of  the  University  of  Califor- 
nia, and  the  treasurer  of  state  is  directed  to  pay  the  same. 

§  3.     This  act  shall  be  in  effect  from  and  after  its  passage. 

UNIVERSITY  OF  CALIFORNIA. 

To  provide  a  continuous  appropriation  for  the  support  and  maintenance  of  the 

University  of  California,  to  be  an  item  in  the  general  appropriation  bill. 

(Stats.  1901,  307,  ch.  CXLIII.) 


UNIVERSITY     OF     CALIFORNIA — ADDITIONAL,     SUPPORT.  1447 

§  1.  It  is  hereby  declared  that  it  is  necessary  and  expedient  for  the  state 
of  California  to  provide  a  permanent  increase  of  the  funds  of  the  University 
of  California. 

§  2.  In  addition  to  all  other  sums  of  money  or  funds  provided  for  the 
support  and  maintenance  of  the  University  of  California,  and  commencing 
with  the  fifty-fifth  fiscal  year,  there  shall  be  an  appropriation  biennially  of  the 
sum  of  two  hundred  thousand  ($200,000.00)  dollars  therefor,  which  sum  shall 
be  carried  into  the  general  appropriation  bill  as  are  the  items  of  appropriation 
for  other  state  institutions,  and  be  an  item  thereof. 

UNIVERSITY  OF  CALIFORNIA. 

To  provide  additional  support  and  maintenance,  and  for  the  acquisition  of 
necessary  property  and  improvements  for  the  University  of  California, 
by  the  levy  of  a  rate  of  taxation,  and  the  creation  of  a  fund  therefor. 

(Stats.  1897,  44,  ch.  XLVIII.) 

§  1.  In  addition  to  all  other  sources  and  means  of  support,  maintenance, 
advantage,  and  improvement  of  the  University  of  California,  there  is  hereby 
levied,  annually,  for  each  fiscal  year  an  "ad  valorem"  tax  of  one  cent 
upon  each  one  hundred  dollars  of  value  of  the  taxable  property  of  the  state, 
which  tax  shall  be  collected  by  the  several  officers  charged  with  the  collection 
of  state  taxes,  in  the  same  manner  and  at  the  same  time  as  other  state  taxes, 
are  collected,  upon  all  or  any  class  of  property;  which  tax  is  for  the  use  and 
support  of  the  University  of  California. 

§  2.  The  state  board  of  equalization,  at  the  time  when  it  annually  determines 
the  rate  of  state  taxes  to  be  collected,  must  at  the  same  time  declare  the  levy 
of  said  rate  of  one  cent,  and  notify  the  auditor  and  board  of  supervisors 
of  each  county  thereof. 

§  3.  The  money  collected  from  said  rate,  after  deducting  the  proportionate 
share  of  expenses  of  collecting  the  same  to  which  other  state  taxes  are  subject, 
must  be  paid  into  the  state  treasury,  and  be  by  the  state  treasurer  converted 
into  the  "State  University  Fund." 

§4.  The  money  paid  into  the  said  "State  University  Fund"  is  hereby  ap- 
propriated, without  reference  to  fiscal  years,  for  the  use  and  support  of  the  Uni- 
versity of  California,  and  is  exempted  from  the  provisions  of  part  three,  title 
one,  article  eighteen,  of  an  act  entitled  "An  act  to  establish  a  Political  Code," 
approved  March  twelfth,  eighteen  hundred  and  seventy-two,  relating  to  the 
board  of  examiners.  "When  there  is  any  money  in  said  fund,  the  same  may  be 
drawn  out  upon  the  order  of  the  board  of  regents  of  the  Universitj^  of  Cali- 
fornia, or  such  officers  of  the  board  as  may  be  duly  authorized  thereto.  Upon 
the  receipt  of  the  order,  the  controller  must  draw  his  warrant  upon  the  state 
treasurer,  payable  to  the  order  of  the  treasurer  of  the  University  of  California, 
out  of  said  "State  University  Fund,"  and  said  treasurer  must  pay  the  same. 

§  5.  The  money  derived  from  said  fund  must  be  applied  only  to  the  uses 
and  purposes  of  the  University  of  California,  and  the  board  of  regents  must 
include  in  its  biennial  report  to  the  governor  a  statement  of  the  manner  and  for 
what  purposes  the  money  was  expended ;  provided,  that  not  less  than  one  half 


1448  UNIVERSITY    OF    CALIFORNIA— CONSOLIDATION    OF    FUNDS     OF. 

of  the  revenues  raised  hereunder,  during  the  first  ten  fiscal  years  after  this 
act  takes  effect,  shall  be  devoted  solely  to  the  purposes  of  acquiring  lands, 
buildings,  and  permanent  improvements  for  the  university. 
§  6.     This  act  shall  take  effect  immediately. 

In  re  Estate  Royer,  123   Cal.   614,    623,   56  Pac.   Rep.    461,    44   L.   R.   A.    364. 

UNIVERSITY  OF  CALIFORNIA. 

To  consolidate  certain  funds  and  to  create  therefrom  a  permanent  endowment 
for  the  University  of  California,  of  which  the  interest  only  shall  be  used 
by  the  board  of  regents  to  meet  current  expenses. 

(Stats.  1877-8,  337,  ch.  CCLXXVII.) 

§  1.  That  the  entire  principal  sums  which  have  been  or  may  be  hereafter 
realized  from  the  several  sources  of  income  and  endowment  funds  of  University 
of  California,  to  wit,  the  principal  sum  derived  from  the  sale  of  lands  granted 
to  the  state  of  California  by  act  of  Congress,  approved  July  second,  eighteen 
hundred  and  seventy-two,  and  amendments  therieto,  and  the  principal  sum 
derived  from  the  sale  of  the  seventy-two  (72)  sections  of  land  granted  to  the 
state  of  California  for  the  use  of  a  seminary  of  learning  by  act  of  Congress,  ap- 
proved March  third,  eighteen  hundred  and  fifty-three,  and  the  principal  sum 
derived  from  the  sale  of  the  ten  (10)  sections  of  land  granted  to  the  state  of 
California  for  public  buildings,  by  said  act  of  Congress,  approved  March  third, 
eighteen  hundred  and  fifty-three,  and  the  principal  sum  which  the  treasurer  of 
the  state  of  California  was  directed,  by  act  of  the  legislature,  approved  April 
second,  eighteen  hundred  and  seventy,  to  place  to  the  credit  of  the  university 
fund,  and  which,  being  invested  in  the  bonds  of  the  state,  or  of  the  United 
States,  should  yield  an  annual  income  of  fifty  thousand  dollars,  and  the  prin- 
cipal sum  now  remaining  on  hand  derived  from  the  sale  of  the  real  estate  in 
Oakland,  Alameda  County,  and  state  of  California,  known  as  the  ''Brayton 
property,"  shall  be  from  time  to  time  as  the  same  is  realized,  invested  in 
stocks  of  the  United  States  or  of  the  state,  or  other  safe  stocks  or  bonds,  yielding 
not  less  than  five  (5)  per  centum  upon  the  par  value  of  said  stocks  or  bonds,  and 
the  money  so  invested  shall  constitute  a  perpetual  fund,  to  be  known  and  des- 
ignated as  the  * '  Consolidated  Perpetual  Endowment  Fund  of  the  University  of 
California,"  the  capital  of  which  shall  remain  forever  undiminished;  provided, 
that  any  moneys  realized  from  said  sources  of  income  or  endowment  funds,  or 
either  of  them,  which  have  been  heretofore  invested  according  to  law,  may  re- 
main so  invested ;  and  it  is  further  provided,  that  all  such  stocks  and  bonds  as 
aforesaid  shall  be  deposited  in  the  state  treasury  to  the  credit  of  said  fund,  and 
shall  be  kept  separate  and  apart  from  all  other  funds  by  the  state  treasurer, 
who  shall  pay  over  from  time  to  time  all  interests,  profits,  income,  or  revenue 
arising  from  such  stocks  or  bonds,  to  the  treasurer  of  said  university  upon  the 
demand  or  order  of  the  regents  of  the  university. 

§  2.  That  all  interests,  profits,  or  revenue  arising  from  or  growing  out  of  the 
said  "Consolidated  Permanent  Endowment  Fund  of  the  University  of  Califor- 
nia" shall  be  placed  in  the  general  fund  of  the  university,  and  subject  to  dis- 
bursement to  meet  the  current  annual  expenses  of  the  University  of  California. 


UNIVERSITY     OF     CALIFORNIA — PERMANENT     SUPPORT     OF.  1448 

§  3.  That  all  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

In   re  Estate   Royer,   123   Cal.   614,  -612,   56  interest    on    a    sum    of    over    seventy-nine 

Pac.    Rep.    461,    44   L.    R.   A.    364.  thousand    dollars,    said    to    have    been    im- 

The  statute   1881,  51,   eh.   I.,   made   an  ap-  properly   drawn    from    the   resources    of   the 

propriation     of     forty-seven     hundred     and  university.       This    is    however    repealed    by 

eighty-flve    dollars    annually    to    represent  §  6  of  Stats.  1893,  75,  ch.  LXV,  post. 

UNIVERSITY  OF  CALIFORNIA. 

To  provide  for  the  permanent  support  and  improvement  of  the  University  of 
California  by  the  levy  of  a  rate  of  taxation  and  the  creation  of  a  fund 
therefor. 

(Stats.  1887,  2,  ch.  III.) 

§  1.  There  is  hereby  levied,  annually,  for  each  fiscal  year,  an  "ad  valorem" 
tax  of  one  cent  upon  each  one  hundred  dollars  of  value  of  the  taxable 
property  of  the  state,  which  tax  shall  be  collected  by  the  several  officers  charged 
with  the  collection  of  state  taxes,  in  the  same  manner  and  at  the  same  time  as 
other  state  taxes  are  collected,  upon  all  or  any  class  of  property,  which  tax  is 
for  the  support  of  the  University  of  California. 

§  2.  The  state  board  of  equalization,  at  the  time  when  it  annually  deter- 
mines the  rate  of  state  taxes  to  be  collected,  must  at  the  same  time  declare  the 
levy  of  said  rate  of  one  cent,  and  notify  the  auditor  and  board  of  supervisors 
of  each  county  thereof. 

§  3.  The  money  collected  from  said  rate,  after  deducting  the  proportionate 
share  of  expenses  of  collecting  the  same  to  which  other  state  taxes  are  subject, 
must  be  paid  into  the  state  treasury,  and  to  be  by  the  state  treasurer  converted 
into  a  separate  fund,  hereby  created,  to  be  called  the  "State  University 
Fund." 

§  4.  The  money  paid  into  the  said  "State  University  Fund"  is  hereby  appro- 
priated, without  reference  to  fiscal  years,  for  the  use  and  support  of  the  Uni- 
versity of  California,  and  is  exempted  from  the  provisions  of  part  three,  title 
one,  article  eighteen,  of  an  act  entitled  "An  act  to  establish  a  Political  Code," 
approved  March  twelfth,  eighteen  hundred  and  seventy-two,  relating  to  the 
board  of  examiners.  When  there  is  any  money  in  the  said  fund,  the  same  may 
be  drawn  out  upon  the  order  of  the  board  of  regents  of  the  University  of  Cali- 
fornia, or  such  officers  of  the  board  as  may  be  duly  authorized  thereto.  Upon 
the  receipt  of  the  order,  the  controller  must  draw  his  warrant  upon  the  state 
treasurer,  payable  to  the  order  of  the  treasurer  of  the  University  of  California, 
out  of  the  said  "State  University  Fund." 

§  5.  The  money  derived  from  said  fund  must  be  applied  only  to  the  support 
and  permanent  improvement  of  the  university,  and  the  board  of  regents  must 
include  in  its  biennial  report  to  the  governor  a  statement  of  the  manner  and 
for  what  purposes  the  money  was  expended. 

§  6.     This  act  takes  effect  immediately. 


1450  UNIVERSITY    OF    CALIFORNIA — FORESTRY     STATION. 

UNIVERSITY  OF  CALIFORNIA— FORESTRY. 

To  repeal  an  act  entitled  "An  act  to  create  a  state  board  of  forestry,  and  to 
provide  for  the  expenses  thereof,"  approved  March  third,  eighteen  hun- 
dred and  eighty-five,  and  the  act  amendatory  thereof,  approved  March 
seventh,  eighteen  hundred  and  eighty-seven,  and  to  make  an  appropriation 
for  the  maintenance  and  preservation  of  the  property  of  the  board  of 
forestry.  (Stats.  1893,  229,  ch.  CLXXXVII.) 

§  1.  An  act  entitled  "An  act  to  create  a  state  board  of  forestry,  and  to  pro- 
vide for  the  expenses  thereof,"  approved  March  third,  eighteen  hundred  and 
eighty-five,  is  hereby  repealed. 

§  2.  All  the  real  and  personal  property  of  the  said  board,  on  or  before  the 
first  day  of  July,  eighteen  hundred  and  ninety-three,  shall  be  assigned,  made 
over,  and  transferred  to  the  agricultural  department  of  the  University  of 
California. 

§  3.  There  is  hereby  appropriated  the  sum  of  four  thousand  dollars  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated,  payable  to  the 
agricultural  department  of  the  University  of  California,  for  the  support,  main- 
tenance, and  preservation  of  the  experimental  stations  of  the  state  board  of 
forestry,  and  the  controller  is  hereby  directed  to  draw  his  warrant  for  the 
same. 

§  4.  This  act  shall  take  effect  from  and  after  July  first,  eighteen  hundred 
and  ninety-three. 

UNIVERSITY   OF   CALIFORNIA— FORESTRY  STATION. 

Authorizing  the  board  of  regents  of  the  University  of  California  to  exchange 
the  tract  of  land  now  constituting  the  Santa  Monica  Forestry  Station. 

(Stats.  1905,  369,  eh.  CCCXXII.) 

§  1.  The  board  of  regents  of  the  University  of  California  are  hereby  author- 
ized to  exchange  the  tract  consisting  of  twenty  (20)  acres  of  land,  at  present 
constituting  the  Santa  Monica  Forestry  Station,  for  another  larger  and  more 
advantageously  situated  tract  if  in  the  judgment  of  the  said  board  and  of  the 
governor  of  the  state  such  exchange  shall  better  serve  the  purposes  for  which  said 
station  was  originally  established. 

§  2.  The  secretary  of  state  is  hereby  authorized  on  behalf  of  the  state  of 
California  to  deed  the  tract  at  present  constituting  the  Santa  Monica  Forestry 
Station  to  the  party  or  parties  owning  the  land  selected  for  exchange  by  said 
board,  provided  that  such  parties  shall  previously  give  a  good  and  lawful  deed 
vesting  the  title  to  such  lands  as  have  been  selected  as  a  desirable  equivalent  for 
the  present  station  tract,  in  the  board  of  regents  of  the  University  of  California, 
and  provided  further  that  such  deed  shall  be  given  only  after  the  secretary'-  of 
said  board  shall  have  certified  that  such  conditions  as  may  be  necessary  to  insure 
the  integral  transfer  of  the  tree  species  now  growing  at  the  Santa  Monica 
Forestry  Station  have  been  fulfilled. 

§3.  After  ninety  (90)  days  following  the  passage  of  this  act  the  board  of 
regents  of  the  University  of  California  may  proceed  to  consider  such  offer  or 


UNIVERSITY    OF    CALIFORNIA— HASTINGS    COLLEGE    OF    THE    LAW.  1451 

offers  of  exchange  as  shall  have  been  made,  provided  lands  so  offered  shall  lie 
within  the  climatic  conditions  of  the  southern  coast  belt. 

§  4.  After  the  said  board  of  regents  have  considered  any  offers  of  exchange 
as  shall  come  before  them  within  the  time  specified,  they  shall  report  to  the 
governor  of  the  state  the  results  of  their  deliberations.  If  an  exchange  is  agreed 
upon  the  governor  shall  instruct  the  secretary  of  state  to  draw  and  deliver  the 
deed  of  the  said  station  tract  in  accordance  with  section  two  of  this  act ;  provided 
that  such  action  shall  be  taken  within  six  (6)  months  from  and  after  the  date 
of  the  passage  of  this  act. 

UNIVERSITY  OF  CALIFORNIA— HASTINGS  COLLEGE  OF  THE  LAW. 

To  create  Hastings  College  of  the  Law  in  the  University  of  California. 
(Stats.  1877-8,  533,  ch.  CCCLI.) 

§  1.  That  S.  C.  Hastings  be  authorized  to  found  and  establish  a  law  college, 
to  be  forever  known  and  designated  as  "Hastings  College  of  the  Law."  That 
the  officers  of  said  college  shall  be  a  dean,  registrar,  and  eight  (8)  directors. 
That  the  directors  shall  be  Joseph  P.  Hoge,  W.  W.  Cope,  Delos  Lake,  Saml.  M. 
Wilson,  0.  P.  Evans,  Thos.  B.  Bishop,  John  R.  Sharpstein,  and  Thos.  I.  Bergin, 
of  the  bar  association  of  the  city  of  San  Francisco,  who  shall,  when  vacancies 
occur,  fill  the  same  from  members  of  said  association  or  otherwise,  and  shall 
always  provide  for  filling  a  vacancy  with  some  heir  or  some  representative  of  the 
said  S.  C.  Hastings.  That  the  dean  and  registrar  shall  be  appointed  by  the 
directors. 

§  2.  Said  college  shall  affiliate  with  the  university  of  the  state,  upon  such 
terms  as  shall  be  for  the  welfare  of  the  college  and  university,  and  shall  be  the 
law  department  of  the  university. 

§3.  The  faculty  of  the  university  shall  grant  diplomas  to  the  students  of 
the  college,  and  the  president  shall  sign  and  issue  the  diplomas. 

§  4.  There  shall  be  set  apart  for  the  use  of  the  students  of  the  college  some 
room  or  suitable  hall  at  the  university,  and  the  board  of  supervisors  of  the  city 
of  San  Francisco  is  authorized  to  supply  a  suitable  hall  in  the  city  of  San  Fran- 
cisco for  the  students  and  directors. 

§  5.  The  dean  of  said  college  shall  be  ex  officio  of  the  faculty  of  the  univer- 
sity, to  be  designated  as  such  by  the  directors  of  the  college. 

§  6.  The  diploma  of  the  students  shall  entitle  the  student  to  whom  it  is  issued 
to  a  license,  to  practise  in  all  the  courts  of  this  state,  subject  to  right  of  the 
chief  justice  of  the  state  to  order  an  examination,  as  is  in  ordinary  cases  of 
applicants  without  such  diploma. 

§  7.  This  act  is  passed  upon  the  condition  that  said  S.  C.  Hastings  shall 
pay  into  the  state  treasury  the  sum  of  one  hundred  thousand  dollars,  and  is 
never  to  be  refunded  except  as  hereinafter  provided. 

§  8.  The  sum  of  seven  per  centum  per  annum  upon  one  hundred  ($100,000) 
thousand  dollars  is  to  be  appropriated  by  the  state  and  paid  in  two  semiannual 
payments  to  the  directors  of  the  college. 

§  9.  The  business  of  the  college  shall  be  to  afford  facilities  for  the  acquisition 
of  legal  learning  in  all  branches  of  the  law,  and  to  this  end  shall  establish  a  cur- 


1452  UNIVERSITY    OF    CALIFORNIA — HASTINGS    COLLEGE    OF    THE    LAW. 

riculum  of  studies,  and  shall  matriculate  students  who  may  reside  at  the  uni- 
versity of  the  state  as  well  as  students  residing  in  other  parts  of  the  state. 

§  10.  Professorships  may  be  established  in  the  name  of  any  founder  of  such 
professorships  who  shall  pay  to  the  directors  the  sum  of  thirty  ($30,000)  thou- 
sand dollars, 

§  11.  All  the  business  of  the  college  shall  be  managed  by  the  directors  Avith- 
out  compensation,  and  all  acting  officers,  including  the  dean  and  registrar,  shall 
be  appointed  by  the  directors  and  removed  by  them. 

§  12.  The  Law  Library  Association,  of  the  city  of  San  Francisco,  shall  grant 
to  the  students  the  use  of  their  library  upon  such  terms  and  conditions  as  they 
may  agree  with  the  directors  of  the  college. 

§  13.  The  object  of  this  act  being  to  grant  a  perpetual  annuity  for  the  sup- 
port and  maintenance  of  said  college,  should  the  state,  or  any  government  which 
shall  succeed  it,  fail  to  pay  to  the  directors  of  said  college  the  sum  of  seven  per 
centum  per  annum,  as  above  stipulated,  or  should  the  college  cease  to  exist,  then 
the  state,  or  its  successor,  shall  pay  to  the  said  S.  C.  Hastings,  his  heirs  or  legal 
representatives,  the  sum  of  one  hundred  ($100,000)  thousand  dollars  and  all 
unexpended  accumulated  interest;  provided,  that  such  failure  be  not  caused  by 
mistake  or  accident,  or  omission  of  the  legislature  to  make  the  appropriation  at 
any  one  session. 

§  14.  That  the  chief  justice  of  the  supreme  court  of  the  state  (or  if  there 
be  no  such  judicial  officer  of  the  state  or  government)  shall  be  the  president  of 
the  board  of  directors,  five  of  whom  shall  be  a  quorum  to  transact  all  business. 

§  15.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Foltz    vs.    Hoge,    54    Cal.     28,    31;    People  in    People    ex    rel.    Hasting-s    vs.    Kewen,    69 

ex  rel.  Hastings  vs.  K«wen,  69  Cal.  215,  216,  Cal.   215,   10  Pac.   Rep.   393. 
10    Pac.    Rep.    393.  See   §§  276-280a,    Code    Civil    Proc.    (admis- 

The  legislature  attempted,  by  Stats.  1883,  sion    of    attorneys). 
26,    and    1885,    203,    to    amend    the    foregoing  See    KERR'S    CYC.    CODE    CIVIL    PROC. 

statute    in    matters    of    organic    importance,  §§  276-280a  (admission  of  attorneys). 
but  those  statutes  are  held  unconstitutional 

UNIVERSITY  OF  CALIFORNIA— INSURANCE. 

The  insurance  of  the  property  of  the  university,  held  for  purposes  of  income,  Is  author- 
ized by  Stats.   1899,   152,  ch.   CXIX. 

UNIVERSITY  OF  CALIFORNIA— INTEREST  ON  BONDS. 

To  provide  for  the  payment  of  interest  on  the  outstanding  bonds  of  the  state  of 
California,  held  in  trust  for  the  university  fund  and  the  state  school  fund, 
and  on  the  sum  of  seventy-nine  thousand  seven  hundred  and  fifty  dollars, 
diverted  funds  belonging  to  the  endowment  fund  of  the  University  of  Cali- 
fornia, to  repeal  an  act  of  the  legislature  of  the  state  of  California,  ap- 
proved March  fourth,  eighteen  hundred  and  eighty-one,  entitled  "An  act  to 
appropriate  money  to  reimburse  the  University  of  California,  for  moneys 
heretofore  appropriated  to  the  endowment  fund  thereof,  which  moneys 
have  by  mistake  been  withheld  therefrom  and  appropriated  to  other  state 
purposes,"  and  making  an  appropriation  to  pay  the  interest  on  said  out- 
standing bonds  from  January  first  to  July  first,  eighteen  hundred  and 
ninety-three. 
(Stats.  1893,  75,  ch.  LXV;  amended  1899,  93,  ch.  LXXVII.  Foregoing  is  title 
of  act  as  amended  by  Stats.  1899,  93,  ch.  LXXVII.) 


UNIVERSITY    OF    CALIFORNIA — INTEREST    ON    BONDS.  1453 

Whereas,  There  was  on  the  first  day  of  January,  eighteen  hundred  and  ninety- 
three,  outstanding  and  unpaid  two  million  five  hundred  and  twenty-ei.uht 
thousand  five  hundred  dollars  of  funded  debt  bonds  of  eighteen  hundred  and 
seventy-three,  issued  by  the  state  of  California,  bearing  interest  at  the  rate  of  six 
per  centum  per  annum ;  and  whereas,  the  people  of  the  state  of  California,  at  the 
election  held  on  the  eighth  day  of  November,  eighteen  hundred  and  ninety-two, 
refused  to  refund  said  bonds;  and  whereas,  the  whole  of  said  bonds,  excepting 
the  sum  of  two  hundred  and  fifty-one  thousand  dollars,  are  held  by  the  state 
of  California  in  trust  as  follows :  For  the  support  of  the  state  school  fund,  one 
million  five  hundred  and  twenty-six  thousand  five  hundred  dollars,  and  for  the 
university  fund,  in  support  of  the  state  university,  seven  hundred  and  fifty-one 
thousand  dollars;  and  whereas,  the  period  for  which  said  bonds  were  to  run 
having  expired,  and  the  coupons  originally  attached  thereto  having  been  paid; 
and  whereas,  at  the  present  session  of  the  legislature  a  law  has  been  passed  pro- 
viding for  the  payment  and  cancelation  of  the  bonds  held  by  private  individuals 
in  the  sum  of  two  hundred  and  fifty-one  thousand  dollars,  together  with  interest 
thereon ;  and  whereas,  it  has  become  necessary  for  the  state  to  pay  interest  on  the 
bonds  so  held  in  trust,  or  to  pay  said  bonds  in  full,  and  there  being  no  money  in 
the  state  treasury  to  pay  the  same,  or  any  part  thereof;  therefore 

§  1.  The  state  of  California  hereby  agrees  to  pay,  and  will  pay,  interest  on 
said  outstanding  bonds  so  held  in  trust  for  the  benefit  of  the  state  school  fund 
and  the  university  fund  at  the  rate  of  six  per  centum  per  annum,  payable  semi- 
annually, from  January  first,  eighteen  hundred  and  ninety-three,  on  the  second 
of  January  and  July  of  each  year,  and  the  faith  of  the  state  of  California  is 
hereby  pledged  for  the  payment  of  the  interest  as  herein  provided. 

§  2.  The  state  treasurer  shall  hereafter  pay,  semiannually,  on  the  second  of 
January  and  July  of  each  year,  to  the  University  of  California,  the  sum  of 
twenty-four  thousand  nine  hundred  and  twenty-two  dollars  and  fifty  cents,  the 
same  being  the  interest  at  the  rate  of  six  per  centum  per  annum,  on  the  outstand- 
ing bonds  held  by  said  university  against  the  state,  of  the  face  value  of  seven 
hundred  and  fifty-one  thousand  dollars,  and  belonging  to  the  endowment  fund 
provided  by  Congress,  to  which  is  added  the  sum  of  seventy-nine  thousand  seven 
hundred  and  fifty  dollars,  also  belonging  to  said  endowment  fund  of  said  univer- 
sity, the  interest  on  which  has  heretofore  been  provided  for  by  the  act  of  March 
fourth,  eighteen  hundred  and  eighty-one. 

§  3.  The  state  treasurer  shall  also,  as  in  the  preceding  section,  pay  over, 
semiannually,  as  now  required  by  law,  for  the  support  of  the  common  schools 
of  the  state,  the  sum  of  forty-five  thousand  seven  hundred  and  ninety-five 
dollars,  the  same  being  the  semiannual  interest,  computed  at  the  rate  of  six  per 
centum  per  annum,  due  from  the  state  on  the  bonds  belonging  to  the  common 
school  fund,  now  held  by  the  state  treasurer,  of  the  face  value  of  one  million 
five  hundred  and  twenty-six  thousand  five  hundred  dollars, 

§  4.  For  the  payment  of  the  interest  on  said  outstanding  bonds  so  held  in 
trust,  and  on  said  diverted  funds,  as  herein  provided,  there  shall  be  levied 
annually,  by  the  state  board  of  equalization,  such  rate  of  tax  on  each  one  hundred 
dollars  of  the  assessed  value  of  the  real  and  personal  property  in  the  state,  to  be 
computed  by  the  controller  of  state,  on  the  basis  of  the  assessed  value  of  such 


1454  UNIVERSITY    OF    CALIFORNIA — INTEREST    ON    BONDS. 

property  for  the  preceding  year,  as  shall  produce  annually  the  interest  of  such 
bonds  and  diverted  funds  provided  to  be  paid  in  section  [s]  one,  two,  and  three  of 
this  act.  The  state  board  of  equalization  shall  certify  the  rate  of  tax  thus 
computed  to  the  several  county  auditors,  and  the  said  auditors  are  hereby 
directed  and  required  to  enter  such  rate  on  the  assessment  rolls  of  their  respect- 
ive counties,  in  the  same  manner  and  with  the  same  effect  as  is  provided  by  law 
in  relation  to  other  state  taxes.  Every  tax  levied  under  the  provision  or  au- 
thority of  this  act  is  hereby  made  a  lien  against  the  property  assessed,  which  lien 
shall  attach  on  the  first  Monday  in  March  of  each  year,  and  shall  not  be  satisfied 
or  removed  until  such  tax  has  been  paid  or  the  property  sold  in  satisfaction 
thereof.  All  moneys  derived  from  taxes  authorized  by  the  provisions  of  this 
section  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  interest  and 
sinking  fund,  and  shall  be  applied  to  the  payment  of  the  interest  as  herein  pro- 
vided for;  provided,  that  all  the  moneys  remaining  in  the  state  treasury  to  the 
credit  of  said  interest  and  sinking  fund  on  the  fifteenth  day  of  July  of  each  year, 
after  the  interest  on  such  bonds  so  held  in  trust,  and  on  said  diverted  funds,  has 
been  paid,  shall  be  transferred  by  the  treasurer  of  state,  on  the  order  of  the 
controller  of  state,  to  the  general  fund.     [Amendment,  Stats.  1899,  93.] 

[Amendatory  act  of  1899,  93,  also  contained  the  following  section:  "§  3. 
The  sum  of  sixteen  thousand  seven  hundred  and  forty-seven  dollars  and 
fifty  cents,  now  in  the  university  fund  and  unavailable,  is  hereby  appropriated 
to  the  uses  of  the  University  of  California."] 

§  5.  It  shall  be  the  duty  of  the  state  treasurer  to  pay  the  interest  on  said 
bonds  so  held  in  trust  when  the  same  falls  due,  out  of  said  interest  and  sinking 
fund ;  provided,  that  the  controller  of  state  shall  first  draw  his  w^arrant  on  the 
treasury  payable  to  the  order  of  said  state  treasurer,  for  the  amount  of  interest 
money  about  to  become  due,  w^hich  said  warrant  shall  be  drawn  at  least  one 
month  previous  to  the  maturing  of  the  interest. 

§  6.  The  act  of  the  legislature  of  the  state  of  California,  approved  IMarch 
fourth,  one  thousand  eight  hundred  and  eighty-one,  entitled  ''An  act  to  appro- 
priate money  to  reimburse  the  University  of  California  for  moneys  heretofore 
appropriated  to  the  endowment  fund  thereof,  which  moneys  have  by  mistake 
been  withheld  therefrom  and  appropriated  to  other  state  purposes,"  is  hereby 
repealed. 

§  7.  There  is  hereby  appropriated  out  of  any  moneys  in  the  general  fund 
of  the  state  treasury  not  otherwise  appropriated,  the  sum  of  sixty-eight  thousand 
three  hundred  and  twenty-five  dollars,  to  pay  the  interest  on  said  outstanding 
bonds  so  held  in  trust,  from  January  first  to  July  first,  one  thousand  eight  hun- 
dred and  ninety-three.  It  shall  be  the  duty  of  the  state  treasurer  to  pay  the 
interest  on  said  bonds  when  the  same  falls  due,  out  of  the  moneys  hereby  ap- 
propriated ;  provided,  that  the  controller  of  state  shall  first  draw  his  warrant  on 
the  state  treasury,  payable  to  the  order  of  said  state  treasurer,  for  the  amount 
of  interest  money  about  to  become  due,  wdiich  said  warrant  shall  be  drawn  at 
least  one  month  previous  to  the  maturing  of  the  interest. 
§  8.     This  act  shall  take  effect  from  and  after  its  passage. 

The    amendatory    act    also    amended    the  amendatory  act.  appropriating  sixteen  thou- 

tltle  of  the  Act  of  1893,  and  amended  §  4  of  sand   dollars,   added. 

the    act    Itself.      The    foregoing    is    the    title  By  Stats.  1809-70,  640,  ch.  CCCCXI.IV,  the 

and    act   as    amended,    Including    §  3    of    the  legislature      authorized      the      issuance      of 


UNIVERSITY     OP     CALIFOKNIA — LANDS     OF.  1455 

twenty-year     bonds,     not     exceeding-     three  1S69-70,  were  empowered  to  dispose  of  such 

million  and  seven  hundred  thousand  dollars.  bonds  as  were  authorized  to  be  issued  under 

The  proceeds  from  this  bond  issue  were  used  that  act,  and  not  exchanged  for  other  bonds, 

for     paying     the     prior     outstanding-     bonds  or  purchased   for  the   university  and   school 

issued  under  acts  of  1857   and  1860  respect-  funds,  in  any  manner  they  might  deem  best, 

ively,    and   also    outstanding   soldiers'    relief'  It    is    understood    that    these    are    the    bonds 

and    soldiers'     bounty    bonds. — See    Bicker-  authorized   to   be   purchased    (and  that   they 

dike  vs.  State,  144  Cal.  6S1,  695,  78  Pac.  Rep.  were  purchased)    under  the  above  cited  Act 

270.  of    1873-4,    6,    with    funds    arising    from    the 

By  Stnts.  1873-4,  6,  ch.  IX,  the  state  treas-  sale    of    United    States     five-twenty    bonds, 

urer   and   governor   were   authorized   to   dis-  These  are  the  bonds  referred  to  in  the  Stats, 

pose      of      sixty-five      thousand      dollars      of  1S93,    75,    as    amended    1899,    93,    and    which 

United  States  five-twenty  bonds  then  being  precede   this  note. 

held    for    the    benefit    of    the    University    of  The  other  outstanding  bonds  of  the  state 

California,  and  to  purchase  therewith  state-  of   the   issue   of   1873-4,    specifically   referred 

funded-debt    bonds;    and    by    Stats.     1873-4,  to    by    number,    were    taken    up    under    the 

235,     ch.    CLXXI,     the    loan    commissioners.  Stats.    1893,    49,    ch.    XXXVI. 
created    by    the    before-mentioned    Act    of 

UNIVERSITY  OF  CALIFORNIA— LANDS. 

Concerning  the  selection  and  sale  of  university  lands. 
(Stats.  1873-4,  356,  ch.  CCLYIII;  amended  1880,  36,  ch.  XLIV.) 

§  1.  In  all  cases  where  a  contest  shall  arise  between  two  or  more  persons 
concerning  the  right  of  such  persons  to  purchase  any  portion  of  the  one  hundred 
and  fifty  thousand  acres  of  land  granted  to  the  state  for  the  use  of  an  agri- 
cultural college,  if  either  party  shall  demand  a  trial  in  the  courts  of  the  state, 
the  land  agent  of  the  university,  as  the  agent  of  the  state,  shall  make  an  order, 
referring  such  contest  to  the  superior  court  of  the  county  in  w^hich  the  land 
involved  is  situated,  and  shall  enter  said  order  in  the  proper  record-book  of  his 
office;  provided,  that  the  party  making  such  demand  shall  prosecute  his  contest 
to  judgment  within  six  months  from  the  date  of  such  demand,  unless  for  cause 
satisfactory  to  the  court.  Either  party  may  bring  an  action  in  the  superior  court 
of  the  county  in  which  the  land  in  question  is  situated,  to  determine  such  conflict ; 
and  the  proffer  of  a  certified  copy  of  the  entry  made  by  the  said  agent,  shall 
give  the  said  superior  court  full  and  complete  jurisdiction  to  hear  and  determine 
said  conflict;  and  upon  the  filing,  with  the  said  agent,  of  a  copy  of  the  final 
judgment  of  said  court,  he  shall  issue  the  certificate  of  purchase,  or  other  evi- 
dence of  title,  in  accordance  with  the  said  final  judgment.  [Amendment,  Stats. 
1880,  36.] 

§  2.  Whenever  any  resident  of  this  state  desires  to  purchase  any  part  of  the 
one  hundred  and  fifty  thousand  acres  of  land  granted  to  the  state  for  the  use  of 
an  agricultural  college,  he  or  she  shall  make  an  affidavit  before  any  officer  au- 
thorized to  administer  oaths,  that  he  or  she  is  a  citizen  of  the  United  States  (or, 
if  a  foreigner,  then  that  he  has  filed  his  intention  of  becoming  a  citizen),  a  resi- 
dent of  the  state,  of  lawful  age,  that  he  or  she  desires  to  purchase  said  land, 
giving  a  description  thereof  by  legal  subdivisions,  and  that  there  are  no  improve- 
ments of  any  kind  on  said  land  other  than  those  of  the  applicant ;  or  if  there  be 
improvements  other  than  his  own,  then  he  or  she  shall  state  that  such  improve- 
ments are  the  property  of  (giving  his  or  her  name),  and  have  been  upon  the  land 
for  three  months  or  over,  and  that  the  township  has  been  seetionized  and  the 
plats  of  survey  filed  in  the  land  office  of  the  district  in  which  the  land  is  located, 
for  three  months  or  over,  which  application  shall  be  forwarded  to  the  said  land 
agent  of  the  university. 


1456  UNIVERSITY   OF  CALIFORNIA — MEDICAL,  DEPARTMENT. 

§  3,     This  act  shall  be  in  force  from  and  after  its  passage. 

stats.  1873-4,  356. — Gushing  vs.  Keslar,   68       In  re  Estate  Royer,  123  Cal.  614,  619,  56  Pac. 
Cal.    473,    475,    9    Pac.    Rep.    659;    White    vs.       Rep.    461,    44   L.    R.   A.    364. 
Douglass,  71  Cal.  115,  121,   11  Pac.  Rep.  860; 

UNIVERSITY   OF    CALIFORNIA— MEDICAL  DEPARTMENT. 

Concerning  the  medical  department  of  the  University  of  California. 
(Stats.  1881,  24,  ch.  XXXIII.) 

§  1.  The  medical  department  of  the  University  of  California  shall  hereafter 
be  known  and  designated  as  the  "Toland"  Medical  Department  of  the  University 
of  California,  and  all  degrees,  diplomas,  scholarships,  and  records  of  the  said 
department  shall  be  made  out  and  all  proceedings  in  connection  therewith  shall 
be  conducted  in  and  by  such  name  and  designation. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

UNIVERSITY  OF  CALIFORNIA— PATHOLOGY. 

Providing  for  the  establishment  and  maintenance  of  a  pathological  laboratory, 
for  the  investigation  of  tree  and  plant  diseases  and  pests,  and  branch  agri- 
cultural experiment  station,  and  making  an  appropriation  therefor. 
(Stats.  1905,  249,  ch.  CCLXXVIII.) 

§  1.  There  shall  be  established  at  a  point  and  by  means  hereinafter  pro- 
vided a  scientific  station  or  laboratory  with  the  necessary  grounds  and  buildings ; 
this  laboratory  shall  be  equipped  with  the  material  and  appliances  necessary 
for  the  study  and  determination  of  the  cause  of  diseases  and  conditions  of 
orchard  trees,  fruits  and  vegetables  and  shall  provide  the  means  for  a  thorough 
examination  of  fungus,  bacterial,  and  other  maladies,  insects,  pests,  and  dis- 
eases, and  their  remedy  or  prevention,  the  condition  of  the  soil,  cultivation  and 
location  that  may  tend  to  the  imperfect  nutrition  and  all  physiological  and  other 
defects  that  may  affect  the  economic  production  and  marketing  of  horticultural 
products. 

§  2.  The  location  of  such  pathological  laboratory  shall  be  in  one  of  the  seven 
southern  counties  of  the  state  of  California,  to  be  selected  by  a  board  of  three 
commissioners  hereby  created,  consisting  of  the  governor  of  the  state,  the  presi- 
dent of  the  University  of  California  and  the  professor  of  agricultural  practice 
of  the  University  of  California,  and  said  board  of  commissioners  is  hereby 
authorized  and  empowered  to  select  such  location,  perfect  the  title  thereof  in  the 
name  of  the  board  of  regents  of  the  University  of  California  and  do  such  other 
acts  as  may  be  necessary  to  make  legal  the  expenditure  of  the  funds  required  by 
the  purpose  of  this  act;  provided  that  said  location  may,  at  the  option  of  the 
board  of  commissioners,  be  on  lands  already  belonging  to  the  state  of  California 
at  Whittier  or  Patton. 

§  3.  When  the  title  to  the  necessary  lands  has  been  perfected  by  the  com- 
mission named  in  section  two  the  regents  of  the  University  of  California  shall 
proceed  to  the  construction  of  a  building  suitable  for  the  protection  and  use  of 
the  laboratory,  shall  equip  the  laboratory  and  maintain  it  for  the  purposes 
designated  in  the  title  of  this  act,  and  may  receive,  manage,  use  and  hold  gifts, 
leases,  and  bequests  for  promoting  the  purposes  of  this  act. 


UNIVERSITY    OF    CALIFORNIA — PATHOLOGY.  1457 

§  4.  The  board  of  regents  or  the  president  of  the  University  of  California, 
if  the  regents  so  authorize,  shall  select  not  less  than  two  experts  in  plant  path- 
ology, and  such  assistants  as  may  be  needed,  who  shall  have  active  charge  of  the 
laboratory  and  the  investigations  and  field  experiments,  and  who  shall  reside  at 
or  near  the  said  laboratory  and  give  their  entire  time  to  the  investigations 
required  by  the  board  of  regents  or  their  representative,  and  may  from  time  to 
time  publish  the  results  of  their  inquiries  and  discoveries;  the  said  board  of 
regents  shall  fix  the  salaries  of  employees  and  provide  for  contingent  expenses. 

§  5.  Said  commissioners  shall  also  establish  and  maintain  a  branch  agri- 
cultural experiment  station  or  stations  under  the  provisions  of  this  act  within 
the  territory  described  in  section  two  of  this  act  for  the  purpose  of  carrying  on 
experimental  and  investigational  work  in  connection  with  the  agricultural  ex- 
periment work  of  the  University  of  California  in  ascertaining  the  best  methods 
of  horticultural  management;  for  the  investigation  of  fertilization;  for  the 
investigation  of  irrigation;  for  improving  .the  methods  of  handling  fruits  for 
market;  for  the  introduction  of  new  varieties  of  fruits  and  for  such  other  in- 
vestigations as  may  be  deemed  advisable  to  promote  the  horticultural  interests 
of  said  district.  Said  commissioners  may  lease  or  accept  gifts  of  lands  for  said 
purpose  and  may  select  for  the  location  of  said  station  or  stations  any  lands 
owned  by  the  state  in  said  district  provided  that  should  such  station  or  sta- 
tions be  located  upon  lands  owned  by  the  state  at  Whittier  Reform  School 
at  Whittier  or  the  Southern  California  State  Hospital  at  Patton  they  shall  not 
embrace  in  the  aggregate  more  than  fifty  acres.  Said  land  shall  be  supplied 
with  sufficient  water  for  the  proper  irrigation  of  the  same  in  any  case, 

§  6.  The  regents  of  the  University  of  California  are  required  to  adopt  a  gen- 
eral plan  and  schedule  before  the  beginning  of  each  fiscal  year  which  shall  de- 
scribe the  investigations  and  experiments  to  be  pursued  during  such  fiscal  year, 
and  it  shall  be  the  duty  of  the  board  of  regents  to  receive  and  consider  written 
statements  from  individuals  and  associations  interested  in  said  branches  of 
horticulture,  conveying  plans  or  suggestions  for  investigations  which  they  may 
approve  or  desire. 

§  7.  The  sum  of  thirty  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated  to  be  expended  by  the 
regents  of  the  University  of  California  in  carrying  out  the  purposes  of  this  act, 
and  the  state  controller  is  hereby  authorized  and  directed  to  draw  his  warrant 
for  the  same  payable  to  the  regents  of  the  University  of  California  and  the 
treasurer  of  the  state  is  hereby  directed  to  pay  such  warrant. 

See  KERR'S  CYC.  POL.  CODE  §  4080.     See  tit.  Trees. 

UNIVERSITY   OF   CALIFORNIA— PEAR   BLIGHT,    ETC. 

To  provide  for  an  investigation  of  the  nature  of  the  diseases  known  as  pear 
blight  and  walnut  blight  and  to  prevent,  eradicate,  and  procure  a  cure  for 
the  same  and  to  cause  to  be  prosecuted  experimental  and  research  work  in 
the  field  of  viticulture,  directing  publication  of  the  results  of  such  ex- 
periments and  investigations,  making  an  appropriation  therefor  and  pre- 
scribing the  duties  of  the  controller  and  treasurer  in  relation  thereto. 

(Stats.  1905,  124,  ch.  CXXII.) 

Gen.  Laws — 92 


1458  UNIVERSITY  OF  CALIFORNIA— PEAfl  -BLIGHT,  ETC. 

§  1.  The  regents  and  the  president  of  the  University  of  California  are  hereby 
directed  to  cause  to  be  prosecuted  with  all  possible  diligence,  in  connection  with 
and  in  addition  to  the  work  heretofore  carried  on  by  the  agricultural  experiment 
station,  experimental  and  research  work  in  the  field  of  viticulture,  including 
both  cultural  and  industrial  processes.  They  are  directed  to  ascertain  the 
adaptation  of  the  various  kinds  of  vines  to  the  several  climatic  and  soil  con- 
ditions of  the  state,  with  the  special  reference  to  those  stocks  for  propagating 
purposes,  resistant  to  the  phylloxera,  and  to  further  their  adaptability  and 
utility  as  grafting  stocks  for  producing  wine,  raisin  and  table  grapes.  They  are 
directed  to  ascertain  the  best  methods  of  grafting  and  propagating  said  stocks 
and  vines  together  with  the  most  important  methods  of  vinification  and  prep- 
aration, manufacture  and  application  of  yeasts  in  vinification  and  distillation. 
They  are  further  directed  to  report  upon  the  utilization  of  the  by-products  of 
the  vineyard  and  winery,  the  study  and  treatment  of  the  vine  diseases,  and  all 
matters  appertaining  to  the  viticuliural  industry  pertinent  to  the  successful 
conduct  of  the  business  and  that  may  be  of  general  public  interest,  use  and 
profit.  They  are  further  directed  to  publish  the  result  of  said  experiments  and 
investigations  in  form  of  bulletins  from  time  to  time,  as  may  seem  advisable 
and  not  less  than  two  bulletins  showing  the  progress  and  result  of  the  work, 
shall  be  issued  in  any  fiscal  year. 

And  they  are  further  directed  to  inaugurate  an  investigation  of  the  cause, 
nature,  and  means  of  suppression  or  prevention,  of  the  so-called  pear  blight,  a 
destructive,  infectious  disease  of  pear  and  apple  trees.  For  such  investigation, 
said  director  shall  obtain  and  establish  such  assistants,  equipment,  materials, 
appliances,  apparatus  and  other  incidentals  as  may  be  necessary  to  the  successful 
prosecution  of  the  work,  within  the  appropriation  specified. 

And  they  are  further  directed  to  secure  a  remedy  for  the  so-called  walnut 
blight.  The  said  regents  are  hereby  authorized  to  employ  an  expert  and  if  neces- 
sary, to  send  him  abroad  to  ascertain  the  cause  of  this  blight  and  in  an  endeavor 
to  secure  a  remedy  therefor. 

§  2.  There  is  hereby  appropriated  for  the  use  of  said  experiment  station,  for 
the  purposes  set  forth  in  this  act,  the  sum  of  twenty  thousand  dollars  ($20,000). 

§  3.  All  money  appropriated  under  this  act  shall  be  paid  to  the  regents  of 
the  University  of  California,  and  expended  under  the  direction  of  the  director 
of  the  agricultural  experiment  station  of  said  university  for  the  specific  purposes 
herein  named. 

UNIVERSITY  OF  CALIFORNIA. 

See  tits.  Agriculture;  Analysis  of  Waters,  Minerals,  Etc.;  State  Debt;  State 

Geological  Survey. 

VACCINATION. 

See  tit.  Health— Public. 

VALLEJO— CITY  OF 

See  tit.  Municipal  Corporations. 


VENTURA   COUNTY— VETERANS'  HOME,  EXCHANGE   OF  LANDS.  1459 

VEGETABLES— PESTS    AND    DISEASES    OF. 

See  tit.  Horticulture. 

VENTILATION. 

See  tits.  Coal  Mines ;  Lodging-Houses. 

VENTURA  COUNTY. 

To  create  the  county  of  Ventura,  to  establish  the  boundaries  thereof,  and  to 

provide  for  its  organization. 

(Stats.  1871-2,  484,  ch.  CCCLI;  amended  1873-4,  365,  ch.  CCLXIX.) 

§  1.  There  shall  be  formed  out  of  the  eastern  part  of  Santa  Barbara  County 
a  new  county,  to  be  called  Ventura. 

§  2.  The  boundaries  of  Ventura  County  shall  be  as  follows :  Commencing  on 
the  coast  of  the  Pacific  Ocean,  at  the  mouth  of  the  Rincon  Creek;  thence  fol- 
lowing up  the  center  of  said  creek  to  its  source ;  thence  due  north  to  the  northern 
boundary  line  of  Santa  Barbara  County;  thence  in  an  easterly  direction  along 
said  boundary  line  of  Santa  Barbara  County  to  the  northeast  corner  of  the 
same;  thence  southerly  along  the  line  between  the  said  Santa  Barbara  County 
and  Los  Angeles  County  to  the  Pacific  Ocean  and  three  miles  therein ;  thence  in 
a  northwesterly  direction  to  a  point  due  south  of  and  three  miles  distant  from 
the  center  of  the  mouth  of  Rincon  Creek ;  thence  north  to  the  point  of  beginning, 
and  including  the  island  of  Anacapa  and  San  Nicholas. 

§  3.  The  seat  of  justice  shall  be  at  the  town  of  San  Buenaventura  until  other- 
wise provided  by  law. 

The  provisions  of  this  statute  relating  to  County   Government   Act   and   the   constitu- 

the   officers   to   be   elected   therein,    and   the  tion,  as  to  the  courts,   elections,  and  terms 

manner    of    organizing    the    county,    are    so  of  office,  that  it  seems  superfluous  to  insert 

clearly    superseded    by    subsequent    legisla-  them   in   this   publication;   they  are  accord- 

tion,     particularly     by     provisions     of     the  ingly   omitted. 

VETERANS'  HOME— EXCHANGE  OF  LANDS. 

To  authorize  and  provide  for  the  transfer  of  the  Veterans'  Home  of  California, 
its  property,  management,  control  and  support  to  the  government  of  the 
United  States,  its  officers  and  authorities,  to  be  conducted  as  a  national 
home  under  such  laws  as  now  exist  or  which  may  hereafter  be  enacted  by 
Congress;  and  for  the  conveying  of  the  property  of  said  home,  both  real 
and  personal,  belonging  to  the  state  of  California,  situate  in  Napa  County, 
to  the  government  of  the  United  States,  for  such  purpose. 

(Stats.  1905,  495,  ch.  CCCLXXXVII.) 

§  1.  Upon  the  enactment  of  appropriate  legislation  by  Congress  providing  for 
the  taking  over  of  the  property,  real  and  personal,  of  the  Veterans'  Home  of 
California,  belonging  to  the  state  of  California,  situate  in  Napa  County  and 
described  in  that  certain  act  entitled  "An  act  to  accept  from  the  Veterans'  Home 
Association  the  conveyance  of  and  to  vest  the  title  in  the  state  of  California  to 
the  tract  of  land  in  Napa  County  known  as  the  Veterans'  Home,  with  the  im- 
provements and  furnishings  thereon,  to  make  the  same  a  state  home  for  United 


1460  VETERANS'   HOME — EXCHANGE    OF    LANDS — APPROPRIATION    FOR. 

States  soldiers,  sailors  and  marines,  and  to  provide  for  the  government  thereof 
by  the  state"  approved  March  eleventh,  eighteen  hundred  and  ninety-seven; 
and  such  other  property  and  lands  as  the  state  of  California,  for  said  home,  may 
have  since  acquired;  and  providing  for  the  management,  control,  conduct  and 
support  thereof  by  the  government  of  the  United  States  as  a  national  home ;  the 
board  of  directors  of  the  Veterans'  Home  of  California  may,  and  it  is  hereby 
authorized  to,  convey  all  the  property  of  said  home,  belonging  to  the  state  of 
California,  both  real  and  personal,  to  the  government  of  the  United  States,  or  to 
its  officers,  and  to  transfer  to  the  government  of  the  United  States,  its  officers, 
the  conduct,  control,  management  and  support  thereof. 

§  2.  A  deed,  duly  executed  by  the  president  of  the  board  of  directors  of  the 
Veterans'  Home  of  California,  thereunto  duly  authorized  by  said  board,  shall 
pass  and  vest  title  to  said  property  in  the  government  of  the  United  States. 

§  3.  Upon  the  assumption  of  the  conduct,  control,  management  and  support 
of  said  home  by  the  government  of  the  United  States,  its  officers,  the  terms  of  all 
the  officers  of  said  home,  and  the  terms  of  employment  of  all  its  employees,  shall 
expire,  and  their  salaries  and  wages  shall  cease,  except  the  terms  of  the  board  of 
directors,  its  president  and  vice-president,  which  shall  continue  for  the  period  of 
six  months  thereafter  and  therefrom. 

§  4.  Before  the  terms  of  the  members  of  the  board  of  directors  shall  expire, 
as  provided  in  section  three  of  this  act,  the  said  board  shall  make  its  report  to 
the  governor  of  the  state  of  California,  in  the  manner  provided  for  the  annual 
report  in  that  certain  act  heretofore  in  this  act  referred  to ;  and  shall  turn  over 
to  the  treasurer  of  the  state  of  California  all  moneys  belonging  to  said  home,  or 
to  said  state,  except  all  moneys  held  by  said  board  as  pension  moneys,  which 
shall  be  returned  to  the  respective  pensioners  who  may  be  alive,  and  in  case  of 
their  death,  then  to  the  officers  or  managers  of  the  national  home,  taking  over 
the  management  of  said  home,  to  be  distributed  by  them  in  accordance  with  the 
present  laws,  rules  and  regulations  of  said  Veterans'  Home  of  California. 

§5.  The  board  of  directors  of  the  Veterans'  Home  of  California  is  hereby 
authorized  and  empowered  to  do  and  perform  all  acts  which  are  or  may  be 
necessary  in  law  or  otherwise. 

§  6.     This  act  shall  take  effect  and  be  in  force  in  thirty  days  after  its  passage. 

VETERANS'  HOME— YOUNTVILLE— APPROPRIATION  FOR. 

To  amend  section  one  of  an  act  entitled  "An  act  to  amend  section  one  of  an  act 
approved  March  twentieth,  eighteen  hundred  and  ninety-nine,  entitled  'An 
act  to  amend  an  act  entitled  ''An  act  to  amend  an  act  approved  February 
twenty-eighth,  eighteen  hundred  and  eighty-seven,  entitled  '  An  act  to  amend 
an  act  to  appropriate  money  for  the  support  of  aged  persons  in  indigent  cir- 
cumstances residing  in  the  Home  of  the  Veterans'  Home  Association,  ap- 
proved March  seventh,  eighteen  hundred  and  eighty-three,'  providing  for 
an  increase  in  the  annual  appropriation  thereof,"  and  changing  the  time 
for  the  payment  thereof,'  approved  March  twenty-third,  eighteen  hundred 
and  ninety-three,  reducing  the  amount  of  such  appropriation  per  capita," 
approved  March  twelfth,  nineteen  hundred  and  one,  by  providing  for  a 


VETERANS'    HOME,    NAPA     COUNTY— TITLE     TO     LAND.  14G1 

fixed  annual  appropriation  of  sixty-five  thousand  dollars  in  the  place  and 
stead  of  seventy-five  dollars  per  annum  for  each  and  every  aged  and  indi- 
gent United  States  ex-soldier,  sailor  or  marine  admitted  to  or  residing  at 
said  home.  ^g^^^^_  ^^^^^  ^^^^  ^^  CXCVII.) 

§  1.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury 
not  otherwise  appropriated,  for  the  support  and  maintenance  of  the  Veterans' 
Home  of  California,  located  at  Yountville,  Napa  County,  state  of  California, 
the  sum  of  sixty-five  thousand  dollars  per  annum  for  each  and  every  year 
hereafter. 

§  2.     This  act  shall  take  effect  and  be  in  force  on  and  after  its  passage. 

The  state  had  made  appropriations  in  aid  Veterans'  Home  Association  was  authorized 

of    the    "Veterans'    Home    Association,"    be-  to    exchange    with    the    city    and    county    of 

ginning  with  Stats.   1S83,  55,  eh.  XXXI,  and  San    Francisco    certain    lands    there    situate, 

up     to     the     enactment     of     the     foregoing  Tlie     various     appropriations     for     hospitals 

statute.  and  other  purposes  are  not  here  noted. 

By  Stats.  1889,  418,  ch.  CCLXVIII,  the  The  Stat.s.  lOOo,  cli.  CXCVII,  appropriates 
"Home"  was  recognized  as  a  "state  liome,"  the  sum  of  sixty-five  thousand  dollars  an- 
te entitle  it  to  receive  moneys  appropriated  nually  for  the  support  of  the  "Home,"  thus 
by  Congress  for  such  institutions.  The  ap-  amending  §1  of  the  original  Act  of  1SS3 
propriation  Act  of  18S3  was  amended,  1S87,  as  amended  by  subsequent  acts  lieretofore 
6,    ch.   X;   1893,    214,   ch.    CLXXIX;   1899,    147,  noted. 

ch.    CXI;   1901,    270,   ch.    CXV;    and   by   Stats.  The    Statute    of    18S3,    here    noted,    seems 

1895,    26,   ch.   XVII,   the   state   treasurer   was  inapplicable     for     any     purpose     since     the 

directed    to    turn    over    to    the    treasurer    of  "Home"    has    become    a    state    institution. — 

the   "Home"  moneys  received  for  its  benefit  See   next    following   statute,   by   whicla   it   is 

through  acts   of  Congress.  governed. 

By    Stats.    1S91,    184,    ch.    CXXXVIII,    the 

VETERANS'  HOME. 

To  accept  from  the  Veterans'  Home  Association  the  conveyance  of,  and  to  vest 
the  title  in  the  state  of  California,  to  the  tract  of  land  in  Napa  County 
known  as  the  Veterans'  Home,  with  the  improvements  and  furnishings 
thereon,  to  make  the  same  a  state  home  for  United  States  soldiers,  sailors, 
and  marines,  and  to  provide  for  the  government  thereof  by  the  state. 

(Stats.  1897,  106,  ch.  CI;  amended  1903,  321,   ch.   CCXLHI;  1905,  471,   ch. 

CCCLXXIII.) 

§1.  The  state  of  California  accepts  from  the  Veterans'  Home  Association,  a 
private  corporation,  and  for  the  purposes  of  a  home  for  aged  and  indigent  ex- 
soldiers,  sailors,  and  marines  of  the  United  States  arm}^  a  conveyance  of  the 
following  described  real  estate,  with  all  the  improvements  thereon  and  appur- 
tenances thereto  belonging,  and  the  personal  property  connected  therewith, 
situate  in  Napa  County,  state  of  California,  to  wit:  Commencing  at  a  point  in 
the  center  of  the  county  road  leading  from  Napa  City  to  Yountville,  from 
which  point  a  stone  in  the  center  of  said  road  bears  north  thirty  degrees  west 
fifteen  (15)  links,  distant,  said  stone  being  sixty  and  eight  one  hundredths 
(60.08)  chains  southerly  from  the  intersection  of  said  road  with  the  south  line 
of  lands  formerly  belonging  to  George  C.  Yount  and  granted  to  him  by  the 
Mexican  government,  and  running  thence  south  thirty  degrees  east,  thirty-three 
and  eighty-five  one  hundredths  (33.85)  chains  to  a  point  in  the  center  of  the 
above-mentioned  road  from  which  a  white  oak  thirty  inches  in  diameter  bears 
north  eighty-seven  degrees  east  one  and  eighteen  one  hundredths  (1.18)  chains 


1463  VETERANS'    HOME,    NAPA    COUNTY — TITLE     TO     LAND. 

distant;  thence  south  fifty-nine  degrees  west  seventy-eight  (78)  chains  and  eight 
(8)  links;  thence  north  thirty  degrees  west  about  thirty-five  (35)  chains  to  the 
southerly  line  of  the  one  hundred  (100)  acre  tract  commonly  known  as  the  Jessee 
one  hundred  (100)  acre  tract,  thence  south  fifty-nine  degrees  west  to  the  south- 
westerly corner  of  said  Jessee  tract,  thence  north  thirty  degrees  west  to  the 
western  line  of  the  land  granted  by  the  Mexican  government  to  Salvador  Val- 
lejo ;  thence  north  fourteen  degrees  east  along  said  grant  line  to  where  said  grant 
line  intersects  the  northerly  line  of  said  Jessee  tract,  thence  in  the  northerly 
line  of  said  Jessee  tract  north  fiftj'-nine  degrees  east  to  the  northeastern  corner 
of  said  Jessee  tract ;  thence  south  thirty  degrees  east  about  twenty-one  chains 
to  the  northerly  line  of  land  conveyed  by  J,  M.  Harbin  to  W.  S.  Clark  by  deed 
dated  June  twenty-fifth,  eighteen  hundred  and  fifty-six,  recorded  in  liber  "C" 
of  deeds,  page  five  hundred  and  nineteen,  records  of  Napa  County;  thence  in 
a  northerly  line  of  said  last-mentioned  tract  north  fifty-nine  degrees  east  three 
and  ninety-three  one  hundredths  (3.93)  chains  to  a  stake  in  a  mound  of  stones; 
thence  south  twenty-two  and  one  half  degrees  east  four  and  seventy-two  one  hun- 
dredths (4.72)  chains  to  a  post  in  a  mound  of  stones  from  which  a  large  spring 
bears  north  six  and  three  fourths  degrees,  west  fifty-nine  (59)  links  distant; 
thence  north  sixty-seven  and  one  half  degrees  east  two  and  sixty-two  one  hun- 
dredths (2.62)  chains  to  a  post  in  a  mound  of  stones;  thence  north  twenty-two 
and  one  half  degrees  west  four  and  eighty-eight  one  hundredths  (4.88)  chains 
to  a  point,  which  point  is  south  thirty  degrees  east  fifteen  (15)  links  distant 
from  the  said  northerly  line  of  said  tract  of  land  conveyed  by  J.  M.  Harbin  to 
W.  S.  Clark  by  deed  dated  June  twenty-fifth,  eighteen  hundred  and  fifty-six, 
as  aforesaid,  and  thence  parallel  with  and  fifteen  (15)  links  distant  from  said 
line  thirty-three  and  twenty-seven  one  hundredths  (33.27)  chains  to  the  point 
of  beginning. 

Also,  that  certain  other  tract  of  land  adjoining  the  above-described  tract  on 
the  southwest  and  described  as  follows : 

Commencing  at  the  western  corner  of  Hiram  Smith's  tract  of  forty  acres,  and 
running  north  seventy-six  degrees  west  to  the  western  line  of  Salvador  Vallejo's 
grant,  thence  with  said  line  north  fourteen  degrees  east  to  a  point  where  the 
southern  line  of  the  above-mentioned  Jessee  one  hundred  acre  tract  intersects 
said  line;  thence  south,  twenty-nine  degrees  and  thirty  minutes  east  eleven  and 
three  one  hundredths  (11.03)  chains;  thence  north  sixty  degrees  thirty  minutes 
east  ten  (10)  chains;  thence  south  thirty  degrees  east  sixty-three  and  thirty-five 
one  hundredths  (63.35)  chains;  thence  north  sixty-one  degrees  east  eleven  and 
ten  one  hundredths  (11.10)  chains;  thence  south  twenty-nine  degrees  thirty 
minutes  east  thirty-four  and  sixty  one  hundredths  (34.60)  chains  to  said  Smith's 
forty  acre  tract,  and  thence  south  sixty-one  degrees  w'est  eleven  and  ten  one 
hundredths  (11.10)  chains  to  the  place  of  beginning.  Also,  all  those  certain 
tracts,  pieces,  and  parcels  of  lands  situate  in  said  county  and  state,  and  de- 
scribed, according  to  the  United  States  government  surveys,  as  follows,  to  wit : 
Lots  numbers  one  (1)  and  two  (2),  of  section  eleven  (11),  and  lots  numbers 
seven  (7)  and  eight  (8)  and  the  northeast  quarter  of  the  southwest  quarter  of 
section  two  (2),  in  township  number  six  (6)  north,  range  number  five  (5)  west, 
Mount  Diablo  meridian.  Saving  and  excepting  all  such  parts  or  portions  of 
said  lands  as  are  held,  used,  or  owned  by  the  Napa  Valley  Railroad. 


VETERANS'    HOME,    NAPA    COUNTY — TITLE    TO    LAND.  1403 

§  2.  Said  property  shall  continue  to  be  used  as  a  home  for  aged  and  indigent 
United  States  ex-soldiers,  sailors  and  marines.  The  home  shall  be  a  state  home, 
under  the  exclusive  management  and  control  of  the  state,  by  a  board  of  seven 
directors,  to  be  appointed  by  the  governor  as  follows :  The  terms  of  each  of  the 
present  members  of  said  board  shall  expire  on  the  first  day  of  July,  nineteen 
hundred  and  five,  and  seven  persons  shall  be  appointed  as  their  successors,  four 
of  whom  shall  be  appointed  for  a  term  and  period  of  four  years,  and  the  other 
three  for  a  term  and  period  of  two  years ;  and  thereafter,  as  the  terms  of  each 
of  the  members  shall  expire,  their  successors  shall  be  appointed  for  a  term  and 
period  of  four  years.  In  case  of  a  vacancy  occurring  in  said  board  of  directors 
for  any  cause,  the  governor  shall  appoint  to  fill  such  vacancy  for  the  such  un- 
expired term.  Provided,'  that  nothing  in  this  act  shall  prevent  the  state  of 
California,  upon  appropriate  legislation,  from  turning  the  property  and  man- 
agement of  said  home  over  to  the  government  of  the  United  States  for  its 
control  and  management  as  a  home  of  similar  character.  [Amendment,  Stats. 
1905,  471.] 

§  3.  Each  member  of  the  board  of  directors  shall  within  thirty  days  after  his 
appointment  take  and  file  with  the  secretary  of  state  the  following  oath  of  office : 

"I  do  solemnly  swear,  (or  affirm  as  the  case  may  be),  that  I  will  support  the 
constitution  of  the  United  States  and  the  constitution  of  the  state  of  California, 
and  that  I  will  faithfully  discharge  the  duties  of  a  member  of  the  board  of 
directors  of  the  Veterans'  Home  of  California,  according  to  the  best  of  my 
ability."     [Amendment,  Stats.  1905,  471.] 

§4.  The  board  of  directors  shall  be  known  by  the  name  and  style  of  "The 
Board  of  Directors  of  the  Veterans'  Home  of  California,"  and  by  this  name  may 
sue  and  be  sued  in  any  of  the  courts  of  this  state ;  and  all  property  held  by  said 
board  shall  be  in  trust  for  the  state  and  for  the  use  and  benefit  of  said  home. 
The  said  board  shall  have  power  to  manage  said  home,  and  administer  its  afi:airs, 
make  by-laws  for  the  government  of  the  board,  not  in  conflict  with  the  general 
laws  of  the  state,  adopt  rules  and  regulations  for  the  government  of  said  home, 
which  rules  and  regulations  shall  conform,  as  near  as  possible,  to  the  rules  and 
regulations  by  which  the  United  States  Soldiers'  Home,  and  branches  thereof, 
are  governed.  The  records,  reports,  and  accounts  kept  by  the  board  shall  con- 
form to  the  requirements  of  the  board  of  managers  of  the  National  Home  for 
Disabled  Volunteer  Soldiers.  The  board  shall  cause  to  be  kept  a  full  and  correct 
record  of  their  proceedings,  which  shall  be  open  at  all  times  to  the  inspection 
of  any  citizen  desiring  to  examine  the  same.  They  shall  keep  the  home  open 
to  inspection  by  the  board  of  managers  of  the  National  Home  for  Disabled 
Volunteer  Soldiers.  They  shall  hold  stated  meetings,  at  the  home  quarterly,  and 
as  much  oftener  as  in  their  judgment  the  business  may  demand.  They  shall 
hold  at  least  one  meeting  at  the  office  in  San  Francisco  each  month,  and  as  often 
as  may  be  necessary  for  the  auditing  of  bills  and  the  transaction  of  business 
pertaining  to  the  home.  A  majority  of  the  members  shall  constitute  a  quorum 
for  the  transaction  of  business.  They  shall  appoint  such  subcommittees  as  in  the 
judgment  of  the  board  will  be  necessary.  They  shall  also  cause  to  be  kept  a 
record  to  be  called  the  "General  Register,"  in  which  shall  be  recorded  the  fol- 
lowing, as  to  the  applicants  for  admission :  number,  age,  name,  place  of  birth, 
occupation,  date  of  admission,  date  of  rejection,  if  not  admitted,  residence  at 


1464  VETERANS'    HOME,    NAPA    COUNTY — TITLE     TO     LAND. 

time  of  admission,  length  of  residence  in  the  state  of  California  immediately 
prior  to  admission,  residence  at  time  of  entering  the  service,  date  of  enlistment, 
company,  regiment,  branch  or  arm  of  service,  date  of  discharge,  disease,  wounds, 
or  disability,  married  or  single,  pensioner  or  not,  rate  of  pension,  estate  or  in- 
come, fraternal  society,  if  any,  to  which  he  belongs,  date  of  discharge  from  home 
and  reason  therefor,  place  of  and  date  of  death  and  place  of  burial,  and  remarks. 
§  5,  The  board  of  directors  appointed  for  the  term  beginning  July  first,  nine- 
teen hundred  and  five,  upon  qualifying,  shall  meet  and  organize  by  electing  one 
of  its  members  as  president  and  one  of  its  members  as  vice-president  of  said 
board,  each  of  whom  shall  hold  office  for  the  term  of  two  years,  and  their  suc- 
cessors shall  be  elected  in  like  manner  every  two  years  thereafter.  The  term  of 
office  and  service  of  all  the  present  officers  and  employees  of  said  home  shall  expire 
and  their  salaries  shall  cease,  on  said  first  day  of  July,  nineteen  hundred  and 
five.  Said  board  of  directors  at  its  first  meeting  in  July,  nineteen  hundred  and 
five,  shall  elect  a  commandant,  a  secretary,  a  treasurer,  a  surgeon,  an  assistant 
surgeon,  an  adjutant,  and  a  quartermaster  and  commissary,  who  shall  reside  at 
the  home,  none  of  whom  shall  be  members  of  the  said  board  of  directors,  each  of 
whom  shall  hold  office  for  the  term  of  two  years,  from  the  first  day  of  July, 
nineteen  hundred  and  five,  and  their  successors  shall  be  elected  in  like  manner 
every  two  years  thereafter.  All  other  employees  of  said  home  shall  be  appointed 
by  the  said  board  and  their  term  of  employment  shall  commence  July  first,  nine- 
teen hundred  and  five,  to  hold  at  the  pleasure  of  the  board.  The  board  of 
directors  shall  have  power  to  remove  any  officer  elected  by  it,  for  cause,  after  a 
full  and  fair  hearing  before  said  board.  All  vacancies,  whether  occurring  from 
death,  resignation,  or  removal,  shall  be  filled  by  said  board  of  directors  for 
the  unexpired  term.  Before  entering  upon  the  discharge  of  their  duties  all  the 
officers  named  above  shall  take  the  oath  of  office  and  each  shall  file  with  the 
board  an  undertaking  in  such  an  amount  as  the  board  may  determine,  and  con- 
ditioned upon  the  faithful  discharge  of  his  duties.  Said  undertaking  shall  be 
signed  and  executed  by  two  sufficient  sureties  to  be  approved  by  the  said  board, 
or  may  at  the  discrel-on  of  said  board  be  the  undertaking  of  some  authorized 
surety  company.  The  duties  of  all  officers  and  employees  appointed  by  the  board 
shall  be  prescribed  by  the  board,  and  the  same  may  be  changed  from  time  to 
time  by  a  majority  vote  of  said  board.  The  board  shall  fix  the  compensation  of 
all  its  appointees  and  employees,  and  may  change  the  same  from  time  to  time  at 
its  discretion.     [Amendment,  Stats.  1905,  471.] 

§  6.  The  board  shall  fix  a  schedule  of  wages  by  which  the  veterans,  when 
able  and  desiring  to  do  light  work,  may  be  employed.  The  board  shall  audit  all 
claims  for  labor  and  supplies,  legally  chargeable  against  said  home.  They  may 
likewise  audit  the  expense  of  procuring  the  officers'  bonds,  if  any  such  expense 
be  incurred,  and  shall  direct  the  payment  of  their  salaries,  and  do  all  things 
necessary  for  the  proper  conduct  of  the  business  of  maintaining  said  home. 

§  7.  The  board  shall  make  a  report  before  the  first  day  of  January  of  each 
year  to  the  governor,  containing  a  statement  of  all  receipts  and  expenditures, 
the  condition  of  the  home,  and  the  number  of  members  received  and  dis- 
charged during  the  year  ending  the  thirtieth  day  of  June  preceding,  and  such 
other  matters  touching  upon  the  management,  conduct,  and  interests  of  the 
home  as  they  may  deem  proper,  or  as  may  be  required  by  the  governor. 


VETERANS'    H03IE,    NAPA     COUNTY — TITLE     TO     LAND.  1465 

The  board  shall  also  make  such  other  reports,  from  time  to  time  as  the 
governor  may  require.  All  reports  shall  be  verified  by  the  oath  of  the  presi- 
dent of  the  board,  or  in  his  absence  by  the  vice-president,  and  shall  be  certi- 
fied by  the  secretary  of  the  board.     [Amendment,  Stats.  1905,  471.] 

§  8.  All  moneys  received  by  the  state  from  the  federal  government  for  the 
use  of  the  home,  together  with  all  moneys  appropriated  by  the  state  for  the 
support  and  maintenance  of  said  institution,  shall  be  received  by  the  state 
treasurer  and  placed  to  the  credit  of  a  fund,  to  be  entitled  "Fund  for  the 
Support  and  Maintenance  of  the  Veterans'  Home  of  California." 

§  9.  All  bills  and  charges  against  the  board  for  supplies,  salaries,  or  other 
expenses  incurred  by  it,  shall  first  be  audited  by  said  board  and  thereafter 
forwarded  to  the  state  board  of  examiners  for  their  approval,  and  when  ap- 
proved by  said  board  of  examiners  the  controller  shall  immediately  issue  his 
warrant  in  payment  thereof,  which  warrant  shall  be  paid  out  of  any  moneys 
in  said  fund. 

§  10.  All  moneys  received  by  the  directors,  or  by  any  officer  of  the  home, 
(except  such  as  may  be  paid  to  them  by  the  state  for  disbursements),  including 
pension  moneys  belonging  to  the  pensioners  in  the  home,  and  all  other  trust 
moneys,  shall  be  immediately  paid  over  to  the  treasurer  of  the  board.  Upon 
the  first  day  of  each  month  the  treasurer  of  the  board  shall  forward  to  the 
state  treasurer  all  moneys  then  in  his  possession  as  treasurer,  except  pension 
moneys,  and  other  trust  funds,  the  post  fund,  and  the  moneys  hereinafter 
referred  to  as  subject  to  their  direct  disbursement  and  designated  as  the 
"Emergency  Fund,"  together  with  a  statement  of  the  source  from  which 
the  same  has  been  received.  Said  moneys  shall  be  immediately  deposited  by 
the  state  treasurer  to  the  credit  of  the  fund  hereinbefore  designated  as  the 
"Fund  for  the  Support  and  Maintenance  of  the  Veterans'  Home  of  Califor- 
nia." Any  balance  of  pension  money  held  by  the  board,  or  under  its  authority, 
upon  the  death  of  the  pensioner,  shall  be  held  as  a  trust  to  be  paid  by  the  board, 
directly  and  without  probate,  or  by  its  order,  to  his  widow,  minor  children  or 
dependent  mother  or  father,  in  the  order  named ;  and  should  no  widow,  minor 
child,  or  dependent  parent  be  discovered  within  one  year  from  the  time  of 
the  death  of  the  pensioner,  said  balance  shall  be  paid  to  the  post  fund  of  the 
home,  to  be  used  for  the  common  benefit  of  the  members  of  the  home  under 
the  direction  of  the  board,  subject  to  future  reclamation  by  the  relatives  here- 
inbefore designated  in  the  order  named,  upon  application  filed  by  the  one 
entitled  to  the  same  within  five  years  after  the  pensioner's  death.  The  board 
may  make  proper  rules  to  carry  this  into  effect.  Provided,  however,  that  nothing 
in  this  act  shall  in  any  way  conflict  with  the  right  of  any  member  of  the  home 
to  dispose  of  his  property,  including  such  pension  money,  by  last  will.  [Amend- 
ment, Stats.  1905,  471.] 

§  11.  All  supplies,  except  those  not  of  a  general  character,  and  not  exceed- 
ing in  value  the  sum  of  five  thousand  dollars  in  any  one  year,  shall  be  furnished 
said  home  on  contract,  let  to  the  lowest  responsible  bidder;  notice  to  bidders 
shall  be  published  for  a  period  of  two  weeks  in  a  newspaper  of  general  circula- 
tion, published  in  each  of  the  following  cities,  to  wit:  Napa  and  San  Francisco. 
Such  notice  shall  state  that  the  board  will  receive  bids  for  the  needed  supplies, 
setting  forth  the  kind,  quality  and  quantity  of  each  article  required,  and  that 


1466  VETERANS'    HOME,    NAPA    COUNTY — TITLE     TO     LAND. 

the  same  must  be  delivered  at  the  railroad  station  at  Yountville,  Napa  County, 
free  of  charge,  at  such  time  and  in  such  quantity  as  the  board  may,  from  time 
to  time,  direct.  The  notice  must  also  state  with  whom  the  bids  are  to  be 
filed,  the  time  and  hour  when,  and  the  place  where  the  bids  will  be  opened, 
and  the  contracts  awarded.  At  the  time  and  place  appointed,  the  board  shall 
proceed  to  open  all  bids  and  shall  award  the  contract  to  the  lowest  bidder 
in  each  line  of  supplies  called  for;  provided,  however,  the  board  may  reject 
any  bid  which  does  not  conform  to  the  requirements  of  the  published  notice, 
and  if,  in  their  judgment,  all  bids  for  any  line  of  supplies  are  unsatisfactory, 
they  may  rejecrt  all  such  bids  and  readvertise  as  in  the  first  instance ;  and-  pro- 
vided further,  that  the  board  may  in  the  mean  time  and  until  a  contract  or 
contracts  can  be  let,  purchase  in  the  open  market  the  necessary  butter,  eggs 
and  vegetables  for  the  table  of  the  home,  if  any  contract  or  contracts  for  such 
supplies  has  or  have  been  rejected.  Bids  shall  be  called  for  and  contracts  let 
in  the  month  of  June  of  each  year  or  as  near  that  time  as  practicable,  and  no 
contracts  shall  be  entered  into  for  a  longer  period  than  one  year,  beginning  at 
the  time  of  awarding  said  bids. 

Before  entering  into  a  contract  with  any  successful  bidder,  the  board  shall 
require  an  undertaking  from  such  bidder,  payable  to  the  state  of  California, 
in  such  sum  as  they  may  deem  sufficient  to  secure  the  faithful  performance 
of  the  contract.    Such  bonds  shall  be  approved  by  the  board. 

For  the  purchase  of  supplies,  not  of  a  general  character,  the  making  of  neces- 
sary and  emergency  repairs,  the  construction  of  minor  improvements,  and  for 
the  defraying  of  incidental  expenses  the  board  shall  have  the  power  to  expend 
each  year  a  sum  not  to  exceed  in  the  aggregate  five  thousand,  (5,000),  dollars 
without  first  submitting  said  items  to  the  approval  of  the  board  of  examiners, 
and  the  controller  is  hereby  authorized  and  directed  to  issue  his  warrants 
from  time  to  time,  drawn  in  favor  of  the  treasurer  of  the  board,  and  payable 
out  of  the  fund  herein  referred  to  for  such  expenses  upon  a  requisition  there- 
for, signed  by  the  president  and  secretary  of  the  board.  Such  warrants  shall 
not  exceed,  however,  in  any  one  year  the  sum  of  five  thousand  dollars.  At 
the  end  of  every  three  months  the  board  shall  file  with  the  board  of  examiners 
a  detailed  statement,  showing  the  expenditure,  by  items,  of  all  sums  of  money 
so  used.  The  treasurer  of  the  board,  upon  receiving  any  moneys  from  the 
state  treasurer  under  the  foregoing  provision,  shall  enter  the  same  in  his  books 
in  an  account  to  be  designated  "Emergency  Fund,"  and  he  shall  pay  the 
same  out  only  upon  drafts  signed  by  the  president  and  secretary  of  the  board. 
[Amendment,  Stats.  1905,  471.] 

§  12.  No  person  shall  be  admitted  to  reside  in  said  home,  with  the  excep- 
tion of  the  families  of  officers  and  employees,  who  is  not  an  honorably  dis- 
charged United  States  soldier,  sailor,  or  marine,  and  who  has  not  been  a  bona 
fide  resident  of  the  state  of  California  for  a  period  of  six  months  immediately 
preceding  his  application,  except  as  is  provided  in  section  sixteen  of  this  act. 
The  board  may  make  such  additional  rules  governing  the  admission  of  appli- 
cants, and  may  prescribe  the  conditions  precedent  upon  which  they  may  enter, 
and  the  conditions  upon  which  they  may  remain,  as  in  its  judgment  may  be 
deemed  just  and  proper  and  for  the  best  interests  of  the  home.  [Amendment, 
Stats.  1905,  471.] 


VETERANS'    HOME — DIRECTORS     OF,    TO    BUY    LAND.  1467 

§  13.  Each  director  and  officer  of  the  board  shall  receive  his  actual  and 
necessary  traveling  expenses  in  attending  all  the  meetings  of  the  board,  and 
in  traveling  on  business  authorized  by  the  board ;  such  traveling  expenses  to 
be  paid  out  of  any  moneys  appropriated  for  the  support  of  the  home.  The 
board  of  directors  may  maintain  an  office  in  the  city  of  San  Francisco  at  an 
expense  for  clerical  service  and  expenses  of  every  character,  including  rent, 
light,  fuel,  telephone,  and  janitor,  not  to  exceed  the  sum  of  fifteen  hundred 
dollars  per  annum.     [Amendment,  Stats.  1905,  471.] 

§14.     (Repealed,  Stats.  1905,  eh.  CCCLXXIII.) 

§  15.  The  governor  and  attorney-general  of  the  state,  on  behalf  of  the  state, 
are  hereby  authorized  to  receive  from  the  Veterans'  Home  Association,  a  cor- 
poration, all  such  deeds,  conveyances,  or  other  assurances  as  may  be  necessary 
in  law  to  vest  in  the  people  of  the  state  of  California  the  title  to  the  Veterans' 
Home  property,  with  all  appurtenances,  and  personal  property  of  every  kind 
connected  therewith. 

§  16.     (Repealed,  Stats.  1905,  ch.  CCCLXXIII.) 

§  17.  This  act  shall  take  effect  upon  the  first  day  of  July,  one  thousand 
eight  hundred  and  ninety-seven. 

VETERANS'  HOME— DIRECTORS  TO  PURCHASE  LAND. 

Authorizing  the  directors  of  the  Veterans'  Home  of  California  to  purchase  and 
take  over,  for  the  state  of  California,  to  be  used  and  controlled  by  said 
board  in  the  interests  of  the  Veterans'  Home  of  California,  a  certain  piece 
of  land  adjoining  the  premises  of  the  said  Veterans'  Home  of  California 
in  the  county  of  Napa,  and  appropriating  the  sum  of  three  thousand  dol- 
lars to  pay  for  the  purchase  of  the  same. 

(Stats.  1905,  167,  ch.  CLXXI.) 

§  1.  The  board  of  directors  of  the  Veterans'  Home  of  California  is  hereby 
authorized  and  directed  to  purchase,  take  over  and  manage  for  said  Veterans' 
Home,  and  to  pay  to  the  Veterans'  Home  Association  the  sum  of  three  thou- 
sand dollars  therefor,  the  following  described  property,  to  wit : 

Commencing  at  a  stone  in  the  middle  of  the  county  road  leading  from  the 
city  of  Napa  to  Yountville,  at  the  northeast  corner  of  the  241.40  acre  tract 
of  land  conveyed  by  J.  M.  Harbin  to  W.  S.  Clark,  by  deed  dated  June  twenty- 
fifth,  eighteen  hundred  and  fifty -six,  and  recorded  in  liber  "C"  of  deeds,  page 
five  hundred  and  nineteen,  Napa  County  Records;  thence  from  said  point  of 
beginning  along  the  northwesterly  line  of  said  241.40  acre  tract  S.  59  degrees 
"W.  35.87  chains  to  a  corner  of  the  Veterans'  Home  tract  of  land;  thence  fol- 
lowing the  boundary  of  said  Veterans'  Home  tract,  as  follows:  S.  22^4  degrees 
E.  4.72  chains  to  a  point  from  which  a  large  spring  bears  N.  6%  degrees  W.  59 
links  distant;  thence  N.  67^2  degrees  E.  2.62  chains;  thence  N.  22i/^  degrees 
"W.  4.88  chains  to  a  point  15  links  southeasterly  from  the  said  northwesterly 
line  of  the  above-mentioned  241.40  acre  tract;  thence  N.  59  degrees  E.  and 
parallel  to  and  15  links  distant  from  the  northwesterly  line  of  said  241.40  acre 
tract  33.27  chains  to  the  middle  of  said  county  road;  thence  along  the  middle 
of  said  road  N.  30  degrees  W.  15  links  to  the  place  of  beginning,  containing  1.78 
acres  of  land  and  being  a  part  of  said  241.40  acre  tract. 


1468  VETERANS'   HOME— LIQUORS — VETERINARY    SURGERY. 

§  2.  The  sum  of  three  thousand  dollars  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury,  not  otherwise  appropriated,  and  the  said  state 
treasurer  is  hereby  authorized  and  directed  to  pay  the  same  to  the  said  board 
of  directors  of  the  Veterans'  Home  of  California  for  such  purpose,  and  the 
said  board  of  directors  of  the  Veterans'  Home  of  California  is  hereby  author- 
ized and  directed  to  purchase  the  said  property  and  to  pay  to  the  said  Veterans' 
Home  Association  the  same  upon  the  conveying  of  a  good  and  sufficient  title 
to  the  state  of  California  in  and  to  said  lands. 

§  3.     This  act  shall  take  effect  and  be  in  force  on  and  after  its  passage. 

VETERANS'    HOME— LIQUORS. 

To  prohibit  the  sale  of  intoxicating  liquors  within  a  certain  distance  of  the 
Veterans'  Home  located  at  Yountville,  Napa  County. 

(Stats.  1905,  126,  ch.  CXXIH.) 

§  1.  It  shall  not  be  lawful  for  any  person  to  keep  any  saloon  or  bar,  or  sell 
or  offer  for  sale  any  spirituous,  vinous  or  malt  liquors,  within  one  mile  and  a 
half  of  the  exterior  limits  of  the  land  on  which  is  located  the  Veterans'  Home 
at  Yountville,  Napa  County,  state  of  California ;  and  any  person  violating  the 
provisions  of  this  statute  shall  be  guilty  of  a  misdemeanor,  and  for  each  offense 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not  exceeding  six 
months,  or  by  fine  not  less  than  fifty  dollars  nor  more  than  five  hundred  dol- 
lars; and  in  the  case  of  the  non-payment  of  such  fine  such  person  may  be 
imprisoned  in  the  county  jail  at  the  rate  of  one  day  for  each  two  dollars  of 
said  fine  remaining  unpaid. 

§  2.     This  act  shall  take  effect  October  first,  nineteen  hundred  and  five. 

VETERINARIAN— STATE. 

See  tits.  Animals,  Diseases  of;  License;  Veterinary  Surgery. 

VETERINARY  SURGERY— PRACTICE   OF. 

To  regulate  the  practice  of  veterinary  medicine  and  surgery  in  the  state  of 

California. 

(Stats.  1893,  286,  ch.  CCIII;  amended  1903,  258,  ch.  CCXXIV.) 

§  1.  It  shall  be  unlawful  for  any  person  or  persons  to  practise  veterinary 
medicine  and  surgery  in  the  state  of  California  without  having  previously 
obtained  a  diploma  from  a  college  duly  authorized  to  grant  such  to  students  in 
veterinary  medicine  and  surgery,  or  to  those  who  have  passed  satisfactory 
examinations  before  the  state  veterinary  medical  board,  as  hereinafter  pro- 
vided for;  provided,  that  nothing  in  this  act  shall  prevent  the  medical  or 
surgical  treatment  of  stock  by  the  owners  or  the  employees  of  owners,  or  by 
neighbors  who  do  not  assume  to  be  practitioners  of  veterinary  medicine  or 
surgery.     [Amendment,  Stats.  1903,  258.] 

§  2.  1.  This  board  of  examiners  shall  be  known  as  the  state  veterinary 
medical  board,  and  shall  consist  of  five  duly  qualified  practitioners  in  veteri- 


VETERINARY  SURGERY — PRACTICE  OF.  14«9 

nary  medicine  and  surgery,  whose  duty  it  shall  be  to  carry  out  the  purposes 
and  enforce  the  provisions  of  this  act. 

2.  The  members  of  the  state  veterinary  medical  board  shall  be  appointed 
by  the  governor  of  the  state. 

3.  The  board  so  appointed  shall  hold  their  offices  for  four  (4)  years,  and 
the  compensation  of  each  member  of  said  state  veterinary  medical  board  shall 
be  five  dollars  per  diem,  exclusive  of  all  necessary  expenses  while  actually 
engaged  in  the  duty  of  their  office  at  the  meetings  of  said  board. 

4.  A  meeting  of  the  state  veterinary  medical  board  shall  be  held  at  least  once 
in  every  six  months  after  the  appointment  of  said  board  by  the  governor  of 
the  state  of  California,  such  meetings  to  be  held  alternately  in  San  Francisco 
and  Los  Angeles. 

5.  Three  members  of  the  state  veterinary  medical  board  shall  constitute  a 
quorum. 

6.  Said  compensation  to  be  paid  out  of  the  fees  and  penalties  received  under 
the  provisions  of  this  act,  and  no  part  of  the  salary  or  other  expenses  of  the 
state  veterinary  medical  board  shall  be  paid  out  of  the  state  treasury. 

7.  All  moneys  received  by  said  state  veterinary  medical  board  as  such  fees 
and  penalties,  in  excess  of  the  compensation  and  expense  of  the  state  veteri- 
nary medical  board,  shall  be  annually  paid  into  the  state  treasury,  and  become 
a  part  of  the  general  fund  of  the  state. 

§  3.  1.  Said  state  veterinary  medical  board  shall  examine  all  diplomas  as 
to  their  genuineness.  Each  applicant  not  holding  a  diploma  shall  submit  to  a 
theoretical  and  practical  examination  before  the  state  veterinary  medical 
board;  said  examination  to  be  written  or  oral,  or  both,  and  sufficiently  strict 
to  satisfy  said  board  that  the  applicant  is  competent  to  practise  veterinary 
medicine  and  surgery. 

2.  An  examination  fee  of  five  dollars  shall  be  paid  to  the  state  veterinary 
medical  board  by  the  holder  of  a  diploma,  and  ten  dollars  by  an  applicant  not 
holding  a  diploma;  said  money  shall  be  paid  by  the  applicant  before  exam- 
ination. 

3.  In  case  of  failure  of  approval,  said  fee  shall  be  forfeited  to  the  state 
veterinary  medical  board. 

§  4.  All  examinations  of  persons  not  graduates  shall  be  made  directly  by 
the  state  veterinary  medical  board,  and  the  certificates  given  by  said  board 
shall  authorize  the  possessor  to  practise  veterinary  medicine  and  surgery  in 
the  state  of  California.  All  examinations  of  un graduated  practitioners  must 
take  effect  before  the  eighteenth  day  of  September,  nineteen  hundred  and 
three;  after  that  date  no  certificates  shall  l)e  granted  except  to  persons  pre- 
senting diplomas  from  legally  chartered  colleges.  [Amendment,  Stats.  1903, 
258.] 

§  5.  Upon  the  approval  of  credentials,  or  upon  approval  of  the  examina- 
tion of  an  applicant,  said  state  veterinary  medical  board  shall  grant  him  or 
her  a  license  to  practise  in  this  state,  and  shall  receive  therefor  a  fee  of  five 
dollars;  said  license  shall  be  signed  by  a  majority  of  the  board. 

§  6.  Any  person  qualified  as  required  by  this  act  shall,  upon  receipt  of  his 
license  to  practise,  have  said  license  prominently  displayed  in  his  office,  and  a 


1470  VETERINARY    SURGERY — VISALIA,    CITY    OP. 

true  copy  thereof  shall  be  filed  in  the  office  of  the  clerk  of  the  county  in  which 
he  resides.  Any  person  removing  to  another  county  to  practise  shall  file  the 
license  in  like  manner  in  the  county  to  which  he  removes.  The  holder  shall 
pay  to  the  county  clerk  the  usual  fees  for  filing.  Any  person  holding  such 
license  who  shall  refuse  or  neglect  to  prominently  display  in  his  office,  or  file 
a  copy  of  the  same  with  the  county  clerk,  as  above  directed,  within  six  months 
after  receiving  such  license  shall  forfeit  his  license ;  and  no  license  when  once 
forfeited  shall  be  restored  to  the  original  holder  except  on  the  payment  to  said 
state  veterinary  medical  board  of  the  sum  of  twenty-five  dollars,  as  a  penalty 
for  such  failure,  neglect,  or  refusal. 

§  7.  Any  person  shall  be  regarded  as  practising  veterinary  medicine  and 
surgery,  within  the  meaning  of  this  act,  who  shall  have  received  a  license  as 
mentioned  in  section  five.  But  nothing  in  this  act  shall  be  construed  to  pro- 
hibit members  of  the  medical  profession  from  prescribing  for  domestic  animals 
in  case  of  emergency,  and  collecting  a  fee  therefor,  nor  to  prohibit  gratuitous 
services  in  an  emergency,  nor  prevent  any  person  from  practising  veterinary 
medicine  or  surgery  on  any  animal  belonging  to  himself  or  herself.  And  this 
act  shall  not  apply  to  commissioned  veterinary  surgeons  in  the  United  States 
army. 

§  8.  Any  person  practising  veterinary  medicine  or  surgery  in  this  state  con- 
trary to  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  the  penalty 
of  which  shall  be  a  fine  of  not  less  than  one  hundred  dollars  ($100)  nor  more 
than  five  hundred  dollars  ($500),  or  by  imprisonment  of  not  exceeding  six  (6) 
months,  or  by  both. 

§  9.     This  act  shall  take  effect  sixty  daj^s  from  and  after  its  passage. 

VINES— VINEYARDS. 

See  tits.  Agriculture;  Horticulture;  Viticulture. 

VISALIA— CITY. 

To  quiet  title  to  town  lots  in  the  city  of  Visalia. 
(Stats.  1877-8,  363,  ch.  CCXCI.) 

§  1.  All  deeds  of  conveyance  heretofore  executed  to  the  purchasers  and 
holders  of  town  lots  in  the  city  of  Visalia,  sold  at  public  auction  by  the  county 
of  Tulare,  which  deeds  were  executed  by  the  county  clerk  of  said  county,  and 
purport  to  be  made  under  and  by  virtue  of  a  certain  order  made  and  entered 
of  record  by  the  board  of  supervisors  of  said  Tulare  County,  on  the  fourth  day 
of  November,  anno  Domini  eighteen  hundred  and  fifty-eight,  on  the  minutes  of 
said  board,  are  hereby  declared  valid  and  effectual  in  law,  to  vest  in  the  grantee 
or  grantees  named  in  any  such  deed,  his  or  their  heirs  and  assigns,  all  the 
right,  title,  and  interest  of  said  county  of  Tulare,  in  and  to  the  land  and 
premises  mentioned  and  described  in  such  deed  of  conveyance. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

See   tit.    Municipal   Corporations. 

VITAL    STATISTICS. 
See  tits.  Burial  and  Disinterment;  Cemeteries — Disinterment,  and  note  there- 
under ;  also  State  Board  of  Health. 


■VITICULTURE — VITICULTURAL  COMMISSION.  1471 

VITICULTURE. 

For  the  protection  of  the  viticultural  interests  of  the  state,  and  making  an 

appropriation  therefor. 

(Stats.  1903,  522,  eh.  CCCLXXVII.) 

§  1.  The  regents  and  the  president  of  the  University  of  California  are  here- 
by directed  to  cause  to  be  prosecuted  with  all  possible  diligence,  in  connection 
with  and  in  addition  to  the  work  heretofore  carried  on  by  the  agricultural 
experiment  station,  experimental  and  research  work  in  the  field  of  viticulture, 
including  both  cultural  and  industrial  processes.  They  are  directed  to  ascer- 
tain the  adaptation  of  the  various  kinds  of  vines  to  the  several  climatic  and 
soil  conditions  of  the  state,  with  the  special  reference  to  those  stocks  for  propa- 
gating purposes,  resistant  to  the  phylloxera,  and  to  further  their  adaptability 
and  utility  as  grafting  stocks  for  producing  wine,  raisin  and  table  grapes. 
They  are  directed  to  ascertain  the  best  methods  of  grafting  and  propagating 
said  stocks  and  vines,  together  with  the  most  important  methods  of  vinification 
and  the  preparation,  manufacture  and  application  of  yeasts  in  vinification  and 
distillation.  They  are  further  directed  to  report  upon  the  utilization  of  the 
by-products  of  the  vineyard  and  winery,  the  study  and  treatment  of  the  vine 
diseases  and  all  matters  appertaining  to  the  viticultural  industry,  pertinent  to 
the  successful  conduct  of  the  business  and  that  may  be  of  general  public  in- 
terest, use  and  profit.  They  are  further  directed  to  publish  the  result  of  said 
experiments  and  investigations  in  form  of  bulletins  from  time  to  time,  as  may 
seem  advisable,  and  not  less  than  two  bulletins  showing  the  progress  and  result 
of  the  work,  shall  be  issued  in  any  fiscal  year. 

§  2.  The  sum  of  three  thousand  dollars  ($3,000)  is  hereby  appropriated  out 
of  any  money  in  the  treasury  not  otherwise  appropriated,  for  the  purpose  of 
carrying  into  effect  the  provisions  of  this  act;  said  money  to  be  paid  to  the 
regents  of  the  University  of  California,  to  be  expended  by  them  through  the 
agricultural  department  of  the  university  during  the  two  years  beginning  July 
first,  nineteen  hundred  and  three.  The  controller  of  the  state  is  hereby  di- 
rected to  draw  his  warrant  for  such  payments  as  requested  by  said  regents  of 
the  State  University  of  California,  and  the  treasurer  of  the  state  is  hereby  di- 
rected to  pay  the  same. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

By  Stats.  1880,  52,  ch.  LXII,  a  commission  cooperage,   making  analyses,   etc.,   of  wines, 

of   viticulture,    consisting  of   nine   members,  brandies,  etc. 

to   be  appointed  by   the  governor,   was   pro-  By  Stats.  1881,  51,  the  duties  and  powers 

vided.      By    the    same    statute    it    was    made  of    the    commissioners    were    enlarged,    and 

the    duty   of   the    regents    of    the    University  again   by   Stats.   18S5,    9. 

of   California   to   provide   special   instruction  By    Stats.    1895,    235,    ch.    CLXXXIX,    the 

In   the   agricultural   department   in   the   arts  foregoing    legislation     was    practically    re- 

and  science  pertaining  to  viticulture,  and  to  pealed,  and  the  commissioners  were  directed 

make     inspections     and     reports     upon     the  to    complete    any    unfinished    work    and    to 

different    sections    of    the    state    adapted    to  turn   over   whatever  property   it   had   to  the 

viticulture,    and    upon    woods    suitable    for  regents  of  the  University  of  California. 

VITICULTURAL    COMMISSION. 

[The  statute  of  1880,  52,  ch.  LXII,  for  the  promotion  of  the  viticultural  in- 
dustries of  the  state,  and  creating  a  board  of  commissioners,  was  supplemented 
by  act  of  1881,  51,  and  by  act  of  1885,  9,  and  they  were  each  repealed  (except- 


1473  VITICULTURAL    COMMISSION — PROMOTION    OF    VITICULTURE. 

ing  §§  8,  9  of  1880,  52)  by  act  of  1895,  235,  ch.  CLXXXIX,  and  the  subject  was 
transferred  to  the  regents  of  the  University  of  California.  The  §§8  and  9,  of 
the  former  statute,  not  repealed,  read  as  follows:] 

§  8.  And  for  the  further  promotion  of  viticultural  interests,  it  shall  be  the 
duty  of  the  board  of  regents  of  the  University  of  California  to  provide  for  spe- 
cial instruction  to  be  given  by  the  agricultural  department  of  the  university 
in  the  arts  and  sciences  pertaining  to  viticulture,  the  theory  and  practice  of 
fermentation,  distillation,  rectification,  and  the  management  of  cellars,  to  be 
illustrated  by  practical  experiments  with  appropriate  apparatus;  also,  to  direct 
the  professor  of  agriculture,  or  his  assistant,  to  make  personal  examinations 
and  reports  upon  the  different  sections  of  the  state  adapted  to  viticulture ;  to 
examine  and  report  upon  the  woods  of  the  state  procurable  for  cooperage,  and 
the  best  methods  of  treating  the  same ;  and  to  make  analysis  of  soils,  wines, 
brandies,  and  grapes,  at  the  proper  request  of  citizens  of  the  state;  also,  to 
prepare  a  comprehensive  analysis  of  the  various  wines  and  spirits  produced 
from  grapes,  showing  their  alcoholic  strength  and  other  properties,  and  espe- 
cially any  deleterious  adulterations  that  may  be  discovered.  The  regents  shall 
also  cause  to  be  prepared,  printed,  and  distributed  to  the  public  quarterly  re- 
ports of  the  professor  in  charge  of  this  work  relating  to  experiments  under- 
taken, scientific  discoveries,  the  progress  and  treatment  of  the  phylloxera  and 
other  diseases  of  the  vine,  and  such  other  useful  information  as  may  be  given 
for  the  better  instruction  of  viticulturists. 

§  9.  The  board  of  regents  of  the  university  shall  be  authorized  to  receive 
and  accept  donations  of  lauds  suitable  for  experimental  vineyards  and  stations, 
and  shall  submit  in  their  next  annual  report  an  economical  plan  for  conducting 
such  vineyards,  and  for  the  propagation  and  distribution  of  specimens  of  all 
known  and  valuable  varieties  of  grapevines. 

See  §  25,  subd.  26,  County  Government  Act  of  1897;  also  tits.  Agriculture;  Horticulture; 
State    Analyst;    University    of    California. 

Stats.   1S81,  51. — Ex   parte   John   Cox,    63   Cal.  21. 

Stats.  1880,  53,  and  1885,  9. — Merced  County  vs.  Helm,  102  Cal.  159,  164,  36  Pac.  Rep. 
399. 

VOLUNTEERS. 
See  tit.  California  Volunteers. 

VOTING  MACHINES. 

See  tit.  Balloting  Machines. 

WAGES. 
See  tits.  Labor  Contracts;  Liens — Labor;  Public  Work. 

WAREHOUSE    AND    WHARFINGER    RECEIPTS. 

In  relation  to  warehouse  and  wharfinger  receipts,  and  other  matters  pertaining 

thereto. 

(Stats.  1877-8,  949,  ch.  DCVIL) 

The  above  statute  Is  supposed  to  be  car-  The  following  cases  cite  the  former  stat- 

ried  into  the  Civil  Code  by  Stats.  1905.   611,  ute:     Amann    vs.    Lowell,    66    Cal.    306,    308, 

ch.  CDLII. — See  KICRR'S  CYC.  CIVIl.  CODE  5    Pac.    Rep.    363;    Bishop    vs.    Fulkerth,    68 

§§  1858-1858f.  C-'al.    607.    610,   10   Pac.    Rep.    122;   Lowrie   vs. 


WAREHOUSE    AND    ^VHARFINGER    RECEIPTS.  1473 

Salz,    75    Cal.    349,    354,    17    Pac.    Rep.    232;  Whitely,    111   Cal.    378,    379,    52    Am.    St.    Rep. 

Garoutte   vs.   Williamson,   108    Cal.    135,    141.  192,    43   Pac.    Rep.    1109;   Goldstone   vs.    Mer- 

41    Pac.    Rep.    35,    413;    Cavallaro    vs.    Texas  chants  I.  &  C.  Co.,  123  Cal.   625,  631,  56  Pac. 

&  Pac.   R.   Co..   no   Cal.   348,   359.   52  Am.   St.  Rep.    776. 

Rep.    94,    42    Pac.    Rep.    918;    Sinsheimer    vs.  See   next  following  statute. 

WAREHOUSE  RECEIPTS. 

Concerning  warehouse  receipts,  and  the  issuing,  sale  and  transfer  thereof,  and 
the  sale  of  goods,  wares  and  merchandise  stored  in  public  or  private  ware- 
houses in  other  states. 

(Stats.  1905,  322,  ch.  CCCVII.) 

§  1.  That  it  shall  be  unlawful  for  apy  corporation,  firm  or  person,  their 
agents  or  employees,  to  issue,  sell,  pledge,  assign  or  transfer  in  this  state,  any 
receipt,  certificate  or  other  written  instrument  purporting  to  be  a  warehouse 
receipt,  or  in  the  similitude  of  a  warehouse  receipt,  or  designed  to  be  under- 
stood as  a  warehouse  receipt,  for  goods,  wares  or  merchandise  stored  or 
deposited,  or  claimed  to  be  stored  or  deposited,  in  any  warehouse,  public  or 
private,  in  any  other  state,  unless  such  receipt,  certificate  or  other  written 
instrument,  shall  have  been  issued  by  the  warehouseman  operating  such  ware- 
house. 

§  2.  It  shall  be  unlawful  for  any  corporation,  firm  or  person,  their  agents 
or  employees,  to  issue,  sell,  pledge,  assign  or  transfer  in  this  state,  any  receipt, 
certificate  or  other  written  instrument  for  goods,  wares  or  merchandise  claimed 
to  be  stored  or  deposited,  in  any  warehouse,  public  or  private,  in  any  other 
state,  knowing  that  there  is  no  such  warehouse  located  at  the  place  named  in 
such  receipt,  certificate  or  other  written  instrument,  or  if  there  be  a  warehouse 
at  such  place,  knowing  that  there  are  no  goods,  wares  or  merchandise  stored 
or  deposited  therein  as  specified  in  such  report,  certificate  or  other  written 
instrument. 

§  3.  It  shall  be  unlawful  for  any  corporation,  firm  or  person,  their  agents  or 
employees,  to  issue,  sign,  sell,  pledge,  assign  or  transfer,  in  this  state,  any 
receipt,  certificate  or  other  written  instrument  evidencing,  or  purporting  to 
evidence,  the  sale,  pledge,  mortgage  or  bailment  of  any  goods,  wares  or  mer- 
chandise stored  or  deposited,  or  claimed  to  be  stored  or  deposited,  in  any 
warehouse,  public  or  private,  in  any  other  state,  unless  such  receipt,  certificate 
or  other  written  instrument  shall  plainly  designate  the  number  and  location  of 
such  warehouse,  and  shall  also  set  forth  therein  a  full,  true  and  complete  copy 
of  the  receipt  issued  by  the  warehouseman  operating  such  warehouse  wherein 
such  goods,  wares  or  merchandise  are  stored  or  deposited,  or  are  claimed  to 
be  stored  or  deposited ;  provided,  that  the  provisions  of  this  section  shall  not 
apply  to  the  issue,  signing,  sale,  pledge,  assignment  or  transfer  of  bona  fide 
warehouse  receipts  issued  by  the  warehouseman  operating  public  or  bonded 
warehouses  in  other  states,  according  to  the  laws  of  the  state  wherein  such 
warehouses  may  be  located. 

§  4.  Every  corporation,  firm  or  person,  agent  or  emplo5''ee,  who  shall  know- 
ingly violate  any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 

Gen.  Laws — 93 


3474  WAREHOUSES — RECEIPTS— WEIGHERS    FOR    WAREHOUSEMEN. 

fifty  nor  more  than  one  thousand  dollars,  to  which  may  be  added  imprisonment 
in  the  county  jail  for  any  period  not  exceeding  six  months. 

WAREHOUSEMEN— WEIGHERS    FOR. 

Relating  to  weights  and  weighers  for  warehousemen  and  wharfingers,  and 

matters  connected  therewith. 

(Stats.  1903,  387,  eh.  CCLXIX.) 

§  1.  All  persons  now  engaged  in  or  who  may  hereafter  engage  in  a  general 
warehouse,  wharfinger  or  storage  business  for  the  storage  of  grain  or  other 
commodities,  which  in  the  course  of  such  business  are  weighed,  shall  before 
they  engage  in  such  business  or  within  sixty  days  after  the  appointment  of  an 
inspector  of  weights  as  provided  in  section  four  of  this  act,  designate  in  writ- 
ing a  person  or  persons  as  weigher  or  weighers  for  such  business  at  the  place 
thereof,  and  the  person  or  persons  so  designated  shall  thereupon,  and  before  they 
shall  do  any  weighing  for  such  business  subscribe,  before  an  officer  authorized 
to  administer  oaths,  the  following  oath,  to  wit: 

"(I  or  we)  designated  as  (weigher  or  weighers)  will  correctly  weigh  all 
grain  or  other  commodities  brought  to  (here  designating  the  business  and  place 
of  business)  for  storage  or  weighing,  or  which  may  be  taken  out  from  the 
same,  and  in  all  cases  render  to  the  person  bringing  or  receiving  the  same,  as 
the  case  may  be,  upon  demand,  a  full,  true  and  correct  account  of  the  weight 
thereof. ' ' 

§  2.  All  persons  engaged  in  the  business  in  the  foregoing  section  mentioned 
shall  keep  for  and  use  in  such  business  no  other  than  true  and  correct  scales 
and  weights. 

Said  designation  and  said  oath  shall  thereupon  and  within  the  time  afore- 
said, be  recorded  in  the  office  of  the  recorder  of  the  county  in  which  such 
business  is  to  be  or  is  being  carried  on. 

No  person,  excepting  the  person  or  persons  thus  designated  and  subscribing 
and  recording  such  oath  shall  do  any  of  the  weighing  of  such  business. 

§  3.  Every  person  engaged  in  the  business  in  said  section  one  mentioned, 
shall  keep  and  use  therein  none  but  true  weights,  and  scales ;  said  weights  must 
conform  to  the  United  States  standard  of  weights. 

§  4.  The  board  of  supervisors  of  the  respective  counties  of  the  state  of  Cali- 
fornia, hereby  are  authorized  to  appoint  for  their  respective  counties  an  in- 
spector of  weights  and  measures,  who  shall  hold  office  at  the  pleasure  of  said 
board  and  receive  such  compensation  as  each  board  may  allow,  and  whose  duty 
it  shall  be  from  time  to  time  to  test  and  examine  all  scales  and  weights  kept  or 
used  in  the  business  in  the  foregoing  sections  mentioned,  and  report  all  viola- 
tions of  this  act  to  the  district  attorney  of  such  county,  whose  duty  it  shall  be 
to  prosecute  all  violations  hereof. 

§  5.     Every  violation  of  this  act  shall  be  and  is  punishable  as  a  misdemeanor. 

§  6.  Besides  the  prosecution  of  the  criminal  actions  herein  provided  for, 
every  person  defrauded  by  false  or  incorrect  weighing  shall  be  entitled  to 
recover  from  the  person  owning  or  conducting  such  business  as  in  the  fore- 
going sections  mentioned,  in  any  court  of  competent  jurisdiction,  three  times 


WATER   DITCHES    A3fD    FLUMES — WATER   RESOURCES,   INVESTIGATIOIV.  1475 

the  amount  of  such  shortage  in  weight  of  the  grain  or  other  commodity  so 
delivered  or  taken  out  by  him. 

WARRANTS. 

See  tit.  State  Warrants. 

WATER    COMPANIES— REGULATING    SALES. 

See  tit.  Irrigation.  ! 

WATER   COMPANIES— REGULATING   SALES. 

See  tit.  Irrigation. 

WATER  DITCHES  AND  FLUMES. 

For  the  protection  of  the  owners  of  ditches  and  flumes. 
(Stats.  1889,  202,  ch.  CLXVIII.) 

§  1.  When  two  or  more  persons  are  associated  by  agreement  in  the  use  of  a 
ditch  or  flume,  or  are  using  for  the  irrigation  of  land  a  ditch  or  flume,  to  the 
construction  of  which  they  or  their  grantors  have  contributed,  each  of  them 
shall  be  liable  to  the  other  for  the  reasonable  expense  of  maintaining  and 
repairing  the  same  in  proportion  to  the  share  in  the  use  of  the  water  to  which 
he  is  entitled. 

§  2.  If  any  of  them  refuse  or  neglect,  after  demand  in  writing,  to  pay  his 
proportion  of  such  expenses,  he  shall  be  liable  therefor  in  an  action  for  contri- 
bution in  the  nature  of  an  action  on  the  case,  and  in  any  judgment  obtained 
against  him,  interest  from  the  time  of  such  demand,  at  the  rate  of  two  per 
centum  per  month  may  be  included. 

§  3.  If  any  of  them  wilfully  appropriate  to  his  own  use  more  than  his  pro- 
portionate share  of  the  water  from  such  ditch  or  flume,  to  the  detriment  of  his 
associates,  or  any  of  them,  he  shall  be  liable  in  damages  in  treble  the  value  of 
the  water  so  appropriated  in  excess  of  his  proper  share. 

§  4.  The  actions  provided  for  in  sections  two  and  three  may  be  brought  by 
any  or  either  of  the  parties  injured,  and  may  be  joint  or  several. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

See  tit.  Miner's  Inch. 

WATER  RESOURCES— INVESTIGATION. 

To  provide  for  the  joint  investigation  with  the  federal  government  of  the 
water  resources  of  the  state,  and  the  best  methods  of  preserving  the  for- 
asts  thereof;  and  to  make  an  appropriation  for  the  expenses  of  such 
investigations. 

(Stats.  1905,  152,  ch.  CLVII.) 

§  1.  The  state  board  of  examiners  are  hereby  empowered  to  enter  into  con- 
tracts with  the  director  of  the  United  States  geological  survey  for  the  purpose 
of  making  topographic  maps  to  the  extent  of  thirty  thousand  dollars;  also  for 
the  purpose  of  gauging  streams,  determining  underground  water  supplies,  sur- 


1476  WATER   RESOURCES — INVESTIGATION. 

veying  reservoir  sites  and  canal  locations,  for  the  conservation  and  utilization 
of  waters  of  the  state,  to  the  extent  of  twenty  thousand  dollars;  also  for  the 
purpose  of  investigating  the  economic  quality  and  purity  of  the  water  of  the 
.st^te,  to  the  extent  of  one  thousand  dollars;  provided,  no  work  of  the  nature 
heretofore  stated  shall  be  done  where  the  same  will  interfere  with  the  water 
already  appropriated  or  in  reservoirs  or  now  in  use  for  irrigation  purposes, 
or  domestic  purposes,  under  the  laws  of  this  state;  also  with  the  chief  of  the 
bureau  of  forestry  of  the  department  of  agriculture  for  the  purpose  of  study- 
ing the  forest  resources  of  the  state  and  their  proper  conservation,  and  espe- 
cially with  a  view  of  formulating  a  proper  state  forestry  policy,  to  the  extent 
of  ten  thousand  dollars ;  also  with  the  director  of  the  office  of  experiment  sta- 
tions of  the  department  of  agriculture  for  the  purpose  of  ascertaining  the  best 
methods  of  distributing  and  using  the  water,  to  the  extent  of  fifteen  thousand 
dollars,  provided,  however,  that  these  expenditures  for  such  purposes  shall 
not  be  in  excess  of  the  amounts  to  be  expended  by  the  various  departments  of 
the  federal  government  in  collaboration  with  the  specific  work  named  above ; 
and  provided  further,  that  in  case  any  of  the  departments  of  the  federal  gov- 
ernment above  mentioned  do  not  contribute  these  funds  for  said  co-operation, 
that  the  state  board  of  examiners  shall  have  power  to  enter  into  such  contracts 
as  may  seem  best  to  them  with  the  lawfully  authorized  representatives  of  any 
of  the  departments  of  the  federal  government  for  the  expenditure  of  said 
remaining  balance ;  and  provided  further,  that  said  last-mentioned  expenditure 
for  such  purpose  shall  not  be  in  excess  of  the  amount  to  be  expended  by  that 
department  of  the  federal  government  in  collaboration  with  the  state. 

§  2.  In  order  to  carry  out  the  purposes  of  this  act,  any  person  or  persons 
employed  hereunder  are  authorized  to  enter  and  cross  all  lands  within  this 
state ;  provided,  in  so  doing  no  damage  is  done  to  private  property ;  it  shall 
be  a  misdemeanor,  punishable  as  provided  in  such  cases,  for  any  person  or 
persons  to  wnlfully  and  maliciously  remove  or  destroy  any  permanent  marks 
or  monuments  made  or  erected  by  any  such  persons. 

§  3.  The  sum  of  seventy-six  thousand  dollars  is  hereby  appropriated  for 
the  purposes  specified  in  this  act,  and  the  controller  of  state  is  hereby  au- 
thorized and  directed  to  draw  warrants  upon  such  fund  from  time  to  time, 
upon  the  requisition  of  the  state  board  of  examiners  and  the  state  treasurer  is 
hereby  authorized  and  directed  to  pay  such  warrants;  provided,  one  half  of 
the  appropriation  herein  shall  be  available  in  the  fifty-seventh  fiscal  year,  and 
the  remaining  one  half  of  said  appropriation  shall  be  available  in  the  fifty- 
eighth  fiscal  year,  except  that  one  half  the  funds  for  making  topographic  maps 
shall  be  available  during  the  twelve  months  immediately  following  the  passage 
of  this  act,  and  the  remaining  one  half  of  this  fund  shall  be  available  during 
the  second  twelve  months  following  the  passage  of  this  act. 

§  4.  It  is  hereby  made  the  duty  of  the  surveyor-general  and  the  engineer 
of  the  board  of  public  works  to  render  any  assistance  desired  by  the  state 
board  of  examiners  in  furtherance  of  the  aims  of  this  act. 

This  act  shall  take  efi'ect  and  be  in  force  on  and  after  the  passage  of  this  act. 

It  is  believed  that  the  foregoing  is  in  aU  sixty    thousand    doUars,    while    seventy-six 

respects   a   duplicate   of.   and   is   intended   to  thousand     dollars     is    appropriated     by    the 

supersede.  Stats.  1903,   171.  ch.  CLV,  except-  later  statute,  and  the  dates  upon  which  the 

ing    that    the    former    statute    appropriated  appropriations    are    made    available. 


WHITTIER    SCHOOL — ESTABLISHMENT    AND    DISCIPLINE    OF,  1477 

X 

WATERS. 
See  tits.  Artesian  Wells;  Irrigation;  Miner's  Inch;  Municipal  Corporations; 

Oil  Lands. 

WATERS— NAVIGABLE. 

See   KERR'S    CYC.   POL,.   CODE   §  2348    et  seq. 

WATSONVILLE. 

See  tit.  Municipal  Corporations.  ', 

WEEDS. 
See  tits.  County  Government  Act  (§  25,  subd.  26) ;  Trees  and  Hedges. 

WEIGHTS  AND  MEASURES. 

See  tit.  Warehousemen. 

WHARVES. 

See  tit.  San  Joaquin  River. 

WHEATLAND— TOWN. 

See  tit.  Municipal  Corporations. 

WHITTIER  STATE  SCHOOL. 

To  establish  a  school  for  the  discipline,  education,  employment,  reformation, 
and  protection  of  juvenile  delinquents,  in  the  state  of  California,  to  be 
known  as  "The  Whittier  State  School." 

(Stats.  1889,  111,  ch.  CVIII;  amended  1893,  328,  ch.  CCXXII.    Foregoing  is 
the  title  as  given  in  the  amendatory  act  of  1893.) 

§  1.  There  shall  be  established  and  maintained  in  this  state,  and  located  at 
Whittier,  in  the  county  of  Los  Angeles,  an  institution  for  the  discipline,  educa- 
tion, employment,  reformation,  and  protection  of  juvenile  delinquents  in  the 
state  of  California,  to  be  known  as  "The  Whittier  State  School;"  and  in  all 
judicial,  official,  or  other  proceedings,  and  in  all  contracts,  transfers,  or  other 
instruments  in  writing,  the  above  name  shall  be  deemed  a  sufficient  designation 
of  said  institution.     [Amendment,  Stats.  1893,  328.] 

§  2.  The  general  supervision  and  government  of  said  institution  shall  be 
vested  in  a  board  of  trustees,  consisting  of  three  citizens  of  the  state  of  Cali- 
fornia, who  shall  be  appointed  by  the  governor,  with  the  advice  and  consent 
of  the  senate.  The  members  of  said  board  shall  hold  their  offices  for  the  respect- 
ive terms  of  two,  three,  and  four  years  from  the  first  day  of  March,  eighteen 
hundred  and  eighty-nine,  and  until  their  successors  shall  be  appointed  and 
qualified,  said  respective  terms  to  be  designated  in  their  appointments;  and 
thereafter  there  shall  be  one  of  said  board  appointed  in  the  same  manner  every 
two  years,  whose  term  of  office  shall  continue  four  years,  and  until  his  successor 
is  appointed  and  qualified.  If  a  vacancy  shall  occur  in  said  board  by  expira- 
tion of  the  term  of  any  such  trustee,  or  otherwise,  when  the  senate  is  not  in 


1478  WHITTIER  SCHOOL — ESTABLISHMENT  AND   DISCIPLINE    OF. 

session,  the  governor  shall  fill  such  vacancy  for  the  unexpired  term,  subject 
to  the  approval  of  the  senate  at  its  next  regular  session.  Said  trustees,  before 
entering  on  the  discharge  of  the  duties  of  their  office,  shall  each  take  an  oath 
faithfully  to  discharge  the  same. 

§  3.  The  trustees  of  such  institution  shall  be  a  body  corporate  and  politic 
for  certain  purposes,  namely :  To  receive,  hold,  use,  and  convey  or  disburse 
moneys  or  other  property,  real  and  personal,  in  the  name  of  said  corporation, 
but  in  trust  and  for  the  use  and  by  the  authority  of  the  state  of  California, 
and  to  control,  manage,  and  direct,  the  several  trusts  committed  to  them 
respectively,  including  the  organization,  government,  and  discipline  of  all 
officers,  employees,  and  other  inmates  of  said  institution,  with  power  to  make 
contracts,  to  sue  and  be  sued,  plead  and  be  impleaded,  to  have  and  to  use  a 
common  seal,  and  to  alter  the  same  at  pleasure,  and  to  exercise  all  the  powers 
usually  belonging  to  said  corporations  and  necessary  for  the  successful  dis- 
charge of  the  obligations  devolved  by  law  upon  said  members  of  trust;  pro- 
vided, that  they  shall  not  have  power  to  bind  the  state  by  any  contract  or 
obligation  beyond  the  amount  of  appropriations  which  may  at  the  time  have 
been  made  for  the  purposes  expressed  in  the  contract  or  obligation,  nor  to  sell 
or  convey  any  part  of  the  real  estate  belonging  to  such  institution  without  the 
consent  of  the  legislature,  except  that  they  may  release  any  mortgage,  or  con- 
vey any  real  estate  which  may  be  held  by  them  as  security  for  any  money  or 
upon  any  trust,  the  terms  of  which  authorize  such  conveyance ;  and  provided 
further,  that  the  legislature  shall  have  power  at  any  time  to  amend,  alter,  re- 
voke, or  annul  the  grant  of  corporate  powers  herein  contained. 

§  4.  The  said  board  of  trustees  are  hereby  empowered  with  full  power  and 
authority  to  select  a  site  for  the  permanent  location  of  said  school  in  the  county 
of  Los  Angeles.  Said  trustees  shall,  within  thirty  days  after  their  appoint- 
ment and  qualification,  examine  the  different  sites  offered  by  the  people  of 
the  county  of  Los  Angeles  for  the  location  of  said  school,  and  select  therefrom 
a  suitable  location  for  said  buildings;  and  the  site  selected  by  them  shall  be 
and  remain  the  permanent  site  for  said  school;  said  site  to  contain  not  less 
than  forty  nor  more  than  one  hundred  and  sixty  acres,  giving  preference,  other 
things  being  equal,  to  a  location  central  and  easy  of  access  from  all  parts  of 
the  county  or  state ;  provided,  that  no  buildings  shall  be  commenced  or  erected 
in  said  county  of  Los  Angeles  until  a  deed  in  fee  simple  of  the  land  selected 
by  the  said  board  of  trustees  shall  be  made  to  the  state,  and  recorded  in  the 
records  of  the  county  recorder  of  said  Los  Angeles  County,  and  said  deed 
deposited  in  the  office  of  the  secretary  of  state.  [Amendment,  Stats.  1893, 
828.] 

§  5.  The  said  board  of  trustees  shall  prepare  and  adopt  plans  for  the 
grounds,  buildings,  and  fixtures  necessary  and  proper  for  such  an  institution, 
not  in  their  judgment  to  exceed  in  cost  the  amount  of  money  hereinafter 
appropriated,  but  if  practicable,  of  such  description  that  other  buildings  can 
be  added  to  or  enlarged  without  injury  to  their  symmetry  or  usefulness ;  and 
may  let  or  make  all  necessary  contracts,  with  the  approval  of  the  governor, 
for  the  construction  of  such  buildings  and  fixtures,  and  the  improvement  of 
the  grounds,  according  to  such  plans.     Said  board  of  trustees  shall  use  all  pvac- 


WHITTIER  SCHOOL— ESTABLISHMENT  AND  DISCIPLINE   OF.  1470 

ticable  diligence  in  the  commencement  and  completion  of  said  building  and 
fixtures,  and  the  improvement  of  the  grounds,  according  to  such  plans. 

§  6.  No  trustee  or  employee  of  such  institution  shall  be  personally,  directly 
or  indirectly,  interested  in  any  contract,  purchase,  or  sale  made,  or  any  business 
carried  on,  in  behalf  of  or  for  said  institution.  All  contracts,  purchases,  or 
sales  made  in  violation  of  this  section  shall  be  held  and  declared  null  and  void, 
and  all  moneys  paid  to  such  trustee,  employee,  or  any  other  person  for  his 
benefit,  in  whole  or  in  part,  in  consideration  of  such  purchases,  contracts,  or 
sales  made,  may  be  recovered  back  by  civil  suit,  to  be  instituted  in  the  name 
of  the  state  of  California,  against  such  trustee,  employee,  or  person  acting  in 
his  behalf;  and  in  addition  it  is  hereby  made  the  duty  of  the  governor  and  the 
board  of  trustees,  as  the  case  may  be,  upon  proof  satisfactory  of  the  fact  of 
such  interest,  to  immediately  remove  the  trustee  or  employee  delinquent  as 
aforesaid,  and  to  report  the  facts  to  the  attorney-general,  who  shall  take  such 
legal  steps  in  the  premises  as  he  shall  deem  expedient. 

§  7.  The  board  shall  make  all  needful  rules  and  regulations  concerning  their 
meetings  and  the  modes  of  transacting  their  business;  shall  take  charge  of 
said  institution  to  see  that  its  affairs  are  properly  conducted,  that  strict  dis- 
cipline is  maintained,  and  that  suitable  employment  and  education  are  provided 
for  its  inmates.  They  are  authorized  to  make  contracts  for  the  purchase  of 
furniture,  apparatus,  tools,  stock,  provisions,  and  everything  necessary  to 
equip  the  institution  for  the  purposes  herein  specified,  and  to  maintain  and 
operate  the  same;  provided,  said  board  shall  incur  no  expense  nor  contract 
any  debt  beyond  appropriations  made  or  donations  given  for  the  said  school; 
and  then  only  in  such  manner  as  may  be  prescribed  by  the  act  of  appropriation 
or  the  instrument  of  donation.     [Amendment,  Stats.  1893,  329.] 

§  8.  The  board  shall  annually  elect  from  their  own  number  a  president  and 
a  vice-president,  whose  term  of  office  shall  be  for  one  year,  and  until  their  suc- 
cessors shall  be  duly  appointed  and  qualified.  They  shall  also  elect  a  treasurer, 
not  one  of  their  own  number,  whose  term  of  office  shall  be  for  two  years  and 
until  his  successor  shall  be  duly  elected  and  qualified ;  who  shall  be  at  all  times 
subject  to  removal  by  the  board  for  good  cause.  [Amendment,  Stats.  1893, 
329.] 

§  9.  The  board  shall  appoint  a  superintendent  of  said  school,  not  of  their 
own  number,  whose  salary  shall  be  fixed  by  said  board,  not  to  exceed  three 
thousand  six  hundred  dollars  per  annum,  and  shall  also  appoint  such  other 
officers  and  such  assistants  as  the  wants  of  the  institution  may  from  time  to 
time  require,  and  shall  prescribe  their  duties  and  fix  their  salaries,  as  may  be 
reasonable.     [Amendment,  Stats.  1893,  329.] 

§  10.  Said  board  of  trustees  shall,  on  or  before  the  first  day  of  December, 
every  two  years,  make  to  the  governor  a  full  and  detailed  report  of  their 
doings  as  such  trustees,  and  of  the  expense  of  said  institution,  with  such  other 
information  relating  thereto  as  they  may  think  interesting  or  useful  to  the 
state;  which  report  shall  be  communicated  by  the  governor  to  the  next  suc- 
ceeding session  of  the  state  legislature.  Said  trustees  shall  receive  no  salary 
for  their  services  as  such  from  the  state,  but  shall  be  allowed  all  necessary 
expenses  incurred  in  the  discharge  of  their  duties. 


1480  WHITTIER  SCHOOL— ESTABLISHMENT  AND  DISCIPLINE   OF. 

§  11  The  board  of  trustees  shall  have  a  regular  meeting  once  every  three 
months,  at  such  time  and  place  as  they  may  direct ;  special  meetings  may  be 
called  by  the  president  of  said  board  in  all  cases  where  it  becomes  necessary 
for  such  a  meeting, 

§  12.  The  superintendent,  before  entering  upon  the  duties  of  his  office,  shall 
take  an  oath  faithfully  to  discharge  the  same,  and  execute  a  bond,  with  sureties 
to  be  approved  by  the  board,  in  a  sum  to  be  fixed  by  the  board,  conditioned 
for  the  faithful  performance  of  all  his  duties  as  such  superintendent.  He  shall 
be  a  resident  at  the  institution,  and  shall  be  ex  officio  the  secretary  of  the 
board,  taking  charge  of  all  books  and  papers.  He  shall  have  charge  of  the 
lands,  buildings,  furniture,  apparatus,  tools,  stock,  provisions,  and  every  other 
species  of  property  belonging  to  the  institution,  subject  to  the  direction  and 
control  of  said  board,  and  shall  account  to  the  board  in  such  manner  as  they 
may  require  for  all  property  intrusted  to  him,  and  all  moneys  received  by  him, 
from  whatever  source,  shall  be  deposited  with  the  treasurer.  His  books  shall 
at  all  times  be  open  to  the  inspection  of  the  board,  who  shall  at  least  once  in 
every  three  months  carefully  examine  the  same,  and  all  accounts,  vouchers, 
[and]  documents  connected  therewith,  and  make  a  report  of  the  result  of  such 
examination  in  a  book  provided  for  the  purpose.  He  shall  have  charge  of  the 
inmates  of  said  institution  ;  he  shall  discipline,  govern,  instruct,  employ,  and  use 
his  best  efforts  to  reform  the  children  and  youth  under  his  care,  and  shall  at 
all  times  be  subject  to  removal  by  the  board  for  incapacity,  cruelty,  negligence, 
immorality,  or  any  other  good  cause. 

§  13.  The  treasurer,  before  entering  upon  the  duties  of  his  office,  shall  take 
an  oath  faithfully  to  discharge  the  same,  and  shall  execute  a  bond  to  the  people 
of  California,  with  sureties,  to  be  approved  by  said  board,  in  at  least  double 
the  sum  of  money  for  which  he  may  be  responsible  as  treasurer,  conditioned 
for  the  faithful  performance  of  all  his  duties  as  such  treasurer;  he  shall  take 
charge  of  all  the  funds  of  the  institution,  receiving  the  same  and  disbursing 
them  on  the  written  order  of  the  superintendent,  and  shall  account  to  the 
board,  in  such  a  manner  as  they  may  require,  for  all  funds  intrusted  to  him, 
from  whatever  source.  His  books  shall  at  all  times  be  open  to  the  inspection 
of  the  board  and  superintendent,  who  shall  at  least  once  in  every  six  months 
carefully  examine  the  same,  and  all  the  accounts,  vouchers,  and  documents  con- 
nected therewith,  and  make  a  report  of  the  result  of  such  examinations.  Such 
treasurer  must  be  a  citizen  of  Los  Angeles  County,  and  shall  receive  for  his 
services  a  salary  of  six  hundred  dollars  per  annum. 

§  14.  Said  board  of  trustees  shall  arrange  the  building  or  buildings  to  be 
used  for  said  school,  and  the  grounds  about  the  same,  so  that  a  portion  thereof 
may  be  used  for  the  proper  confinement,  care,  and  education  oi  the  male  in- 
mates, and  the  remaining  portion  for  the  proper  confinement,  care,  and  edu- 
cation of  the  female  inmates,  and  to  the  absolute  exclusion  of  all  communication 
of  any  kind  or  character  between  the  sexes.     [Amendment,  Stats.  1893,  329.] 

§  15.  "Whenever  said  institution  shall  have  been  so  far  completed  as  to 
properly  admit  of  the  reception  of  inmates  therein,  the  governor  shall  make 
due  proclamation  of  that  fact ;  and  thereafter  it  shall  be  lawful  for  said  board 
of  trustees  to  receive  into  its  care  and  guardianship  minors  between  the  ages 


VVHITTIER   SCHOOL. — ESTABLISHMENT  AND  DISCIPLINE   OF.  1481 

of  eight  and  eighteen  years  committed  to  its  custody,  as  hereinafter  provided. 
[Amendment,  Stats.  1893,  329.] 

§  16.  When  any  boy  between  the  ages  of  seven  and  sixteen  or  any  girl  be- 
tween the  ages  of  seven  and  eighteen  years  shall  be  found  guilty  by  a  superior 
court  of  any  county  in  the  state,  and  who  in  the  opinion  of  such  court  would 
be  a  fit  subject  for  commitment  to  the  said  school,  it  shall  be  lawful  for  the 
said  court  to  suspend  judgment  or  sentence  (except  when  the  penalty  is  life 
imprisonment  or  death),  and  to  commit  such  minor  to  the  said  school  until 
any  such  male  minor  shall  have  reached  the  age  of  sixteen  years  and  any  such 
female  minor  shall  have  reached  the  age  of  twenty-one  years  unless  sooner 
discharged  by  law  or  as  in  this  act  provided;  but  no  minor  who  is  under  the 
age  of  seven  years  or  who  is  suffering  from  any  contagious,  infectious  or  other 
disease  which  would  probably  endanger  the  lives  o:  health  of  the  other  inmates 
of  said  school,  shall  be  committed  to  said  school;  and  further  provided  that 
no  such  minor  shall  be  committed  to  said  school  unless  the  judge  of  such  court 
shall  be  fully  satisfied  that  the  mental  and  physical  condition  and  qualifica- 
tions of  said  minor  are  such  as  to  render  it  probable  that  such  minor  will  be 
benefited  by  the  reformatory  and  educational  discipline  of  said  school.  The 
board  of  trustees  of  said  school  shall  have  authority  to  make  rules  reducing, 
as  the  reward  for  good  conduct,  the  time  for  whicli  such  person  or  persons 
have  been  committed.  It  shall  be  the  duty  of  all  courts  committing  any 
minor  to  such  school  to  certify  to  the  superintendent  thereof  the  age  of  the 
person  so  committed,  as  nearly  as  can  be  ascertained  by  testimony  taken  under 
oath  before  such  court  or  in  such  manner  as  the  court  may  direct.  [Amend- 
ment, Stats.  1905,  80.] 

§  16a.  Any  child  between  seven  and  fourteen  years  of  age,  who  wilfully 
and  habitually  absents  himself  or  herself  from  school  contrary  to  the  pro- 
visions of  an  act  entitled  an  act  to  enforce  the  educational  rights  of  children 
and  providing  penalties  for  violation  of  the  act,  approved  March  twenty- 
fourth,  nineteen  hundred  and  three,  may  be  committed  to  the  Whittier  State 
School  by  any  superior  court  judge  on  the  complaint  of  any  peace  officer, 
teacher,  parent,  guardian  or  other  person,  under  the  same  conditions  and  in 
the  same  manner  as  provided  in  section  sixteen  of  this  act.  [New  section 
added,  Stats.  1905,  80.] 

§  16b.  Any  child  who  comes  under  the  provision  of  an  act  entitled  an  act 
defining  and  providing  for  the  control,  protection  and  treatment  of  dependent 
and  delinquent  children,  prescribing  the  powers  and  duties  of  courts  with 
respect  thereto ;  providing  for  the  appointment  of  probation  officers,  and  pre- 
scribing their  duties  and  powers;  providing  for  the  separation  of  children  from 
adults  Avhen  confined  in  jails  or  other  institutions;  providing  for  the  appoint- 
ment of  boards  to  investigate  the  qualifications  of  organizations  receiving 
children  under  this  act  and  prescribing  the  duties  of  such  boards:  and  pro- 
viding what  proceedings  under  this  act  shall  be  admissible  in  evidence,  ap- 
proved February  twenty-sixth,  nineteen  hundred  and  three,  may  be  committed 
to  the  Whittier  State  School  by  any  superior  judge  under  the  same  conditions 
and  in  the  same  manner  as  provided  in  section  sixteen  of  this  act.  [New  sec- 
tion added,  Stats.  1905,  80.] 


1483  WHITTIER  SCHOOL, — ESTABLISHMENT  AND  DISCIPLINE   OF. 

§  16c.  [Stats.  1905,  80;  §  16b  Stats.  1893.]  It  shall  be  lawful  for  the  board, 
whenever  it  may  deem  any  inmate  of  said  institution  to  have  been  so  far  re- 
formed as  to  justify  his  discharge,  to  give  him  an  honorable  dismissal,  and  to 
cause  an  entry  of  the  reasons  for  such  dismissal  to  be  made  in  the  book  of  records 
prepared  for  that  purpose.  All  persons  thus  honorably  dismissed,  and  all  those 
who  shall  have  served  the  full  term  of  their  respective  sentences,  shall  thereafter 
be  released  from  all  penalties  and  disabilities  resulting  from  the  offense  or  crime 
for  which  they  may  have  been  committed.  Upon  the  final  discharge  of  any 
inmate,  as  in  this  section  provided,  the  superintendent,  where  any  sentence  or 
judgment  was  previously  suspended,  as  mentioned  in  section  sixteen  of  this  act, 
shall  immediately  certify  such  discharge  in  writing,  and  shall  transmit  the  said 
certificate  to  the  court  by  which  such  person  was  committed,  and  said  court  shall 
thereupon  dismiss  the  accusation,  and  the  action  pending  against  said  person. 
[New  section.  Stats.  1893,  330.1 

§16d.  [Stats.  1905,  82;  §  16c  Stats.  1893.]  The  board  shall  have  author- 
ity also  to  issue  certificates  of  conditional  dismissal  and  parole  to  any 
worthy  minor  confined  in  the  institution,  on  the  following  conditions :  It  may 
bind  such  minor  by  articles  of  indenture  to  any  suitable  person  who  will 
engage  to  educate  him,  and  to  instruct  him  in  some  useful  art  or  trade,  or  it 
may  return  him  to  his  parents,  or  it  may  place  him  under  the  care  of  any 
reputable  person  who  is  a  citizen  and  a  resident  of  this  state,  after  such  person, 
parent,  guardian,  or  resident  citizen  shall  have  become  bound  to  the  said  board, 
with  good  and  sufficient  sureties,  conditioned  on  the  proper  custody,  care,  edu- 
cation, and  moral  and  industrial  training  of  the  said  paroled  minor.  The 
time  of  such  conditional  release  shall  be  made  subject  to  good  behavior  and 
continued  reformation  on  the  part  of  the  person  thus  paroled.  Any  minor 
who  violates  his  parole,  or  who  becomes  habitually  disobedient  and  incorri- 
gible, may  be  returned  to  the  said  school  to  serve  the  unexpired  term  of  his 
sentence,  on  complaint  of  his  guardian  and  the  written  requisition  of  the 
superintendent  of  said  school.  Every  paroled  minor  w^ho  properly  observes 
and  obeys  the  condition  of  his  parole  until  the  date  of  the  expiration  of  his 
term  of  commitment  shall  be  entitled  to  all  the  benefits  and  immunities  in  this 
act  provided.  If  at  any  time  it  shall  be  determined  by  the  board  of  trustees 
of  said  school,  to  its  satisfaction,  that  any  minor  w^ho  may  have  been  com- 
mitted to  the  care  or  guardianship  of  any  third  person,  as  in  this  section  pre- 
viously provided,  is  not  being  properly  treated  or  cared  for,  according  to  the 
terms  and  conditions  under  which  such  minor  was  intrusted  to  said  third  per- 
son, then  by  a  resolution  of  the  said  board  entered  upon  its  minutes,  and  upon 
the  requisition  of  the  superintendent  of  said  institution  issued  thereon,  the 
said  minor  may  be  recalled  to  said  school,  and  he  or  she  shall  be  released  from 
all  obligations  to  such  third  person.  And  in  such  case  the  said  board  shall 
have  the  right  to  maintain  all  necessary  actions  or  proceedings  against  the  said 
third  person  and  his  bondsmen  to  recover  the  penalty  in  whatever  bonds  may 
be  given  by  reason  of  the  failure  of  said  third  person  to  perform  the  conditions 
under  which  said  minor  was  intrusted  to  his  care ;  and  in  the  event  of  minors 
who  may  have  been  bound  out  by  the  said  board  of  trustees  by  articles  of 
indenture,  the  said  board  shall  institute  and  maintain  all  proper  actions  and 
proceedings  to  cancel  and  annul  said  articles  of  indenture.  [New  section. 
Stats.  1893,  331.] 


\%^HITTIER   SCHOOL— ESTABLISHMENT  AND  DISCIPLINE   OF.  1483 

§  16e.  [Stats.  1905;  §  16d  Stats.  1893.]  Any  male  minor  who  shall,  during 
the  time  of  his  commitment,  be  found  incorrigible,  who  shall  be  in  the  judg- 
ment of  the  board  of  trustees  of  said  school  determined  to  be  an  improper 
person  for  detention  in  said  school,  may  be  returned  to  the  court  from  which 
such  minor  was  committed,  and  upon  written  complaint  of  the  said  board, 
attested  by  the  superintendent  of  said  school,  and  filed  with  the  original  com- 
plaint, it  shall  be  the  duty  of  said  court  to  commit  said  male  minor  to  the 
Preston  School  of  Industry  for  such  judgment  and  sentence  as  would  have  been 
lawful  at  the  time  when  the  said  minor  was  first  committed  to  the  said  school. 
[Section  renumbered  and  amended.  Stats.  1905,  80.] 

§  17.  If  any  accusation  of  the  commission  of  any  crime  shall  be  made 
against  any  male  minor  under  the  age  of  sixteen  years  or  any  female  minor 
under  the  age  of  eighteen  years  before  any  grand  jury  and  the  charge 
appears  to  be  supported  by  evidence  sufficient  to  put  the  accused  upon  trial, 
the  grand  jury  may,  in  their  discretion,  instead  of  finding  an  indictment 
against  the  accused,  return  to  the  superior  court,  as  it  appears  to  them  that 
the  accused  is  a  suitable  person  to  be  committed  to  the  court  and  guardianship 
of  said  institution.  The  court  may  thereupon  order  such  commitment,  if  satis- 
fied from  the  evidence  that  such  commitment  ought  to  be  made,  which  exam- 
ination may  be  waived  by  the  parent  or  guardian  of  such  minor.  [Amendment, 
Stats.  1905,  80.] 

§  18.  If  any  male  minor  between  the  ages  of  seven  and  sixteen  or  any 
female  minor  between  the  ages  of  seven  and  eighteen  shall  be  arraigned  for 
trial  in  any  court  having  competent  jurisdiction,  on  charge  of  any  violation 
of  any  criminal  law  of  this  state  (except  for  the  commission  of  a  capital 
offense  or  attempt  to  commit  a  capital  offense),  the  judge  may,  in  his  discre- 
tion, with  the  consent  of  the  accused,  arrest  at  any  stage  of  the  cause  any  further 
proceedings  on  the  part  of  the  prosecution  and  commit  the  accused  to  the 
care  and  guardianship  of  this  institution.     [Amendment,  Stats.  1905,  80.] 

§  19.  All  male  minors  between  the  ages  of  seven  and  sixteen  and  all 
female  minors  between  the  ages  of  seven  and  eighteen,  who  may  be  accused 
of  any  offense  punishable  by  imprisonment,  shall,  with  a  view  to  the  question 
whether  they  ought  to  be  committed  to  said  institution,  be  entitled  to  a  private 
examination  and  trial  before  a  court  having  competent  jurisdiction,  to  which 
only  the  parties  to  the  case  and  the  parent  or  guardian  of  the  accused  and 
their  attorneys  shall  be  admitted,  unless  one  of  the  parents,  the  guardian  or 
other  legal  representative  of  the  minor  demand  a  public  trial ;  in  such  ease  the 
proceedings  shall  be  in  the  usual  manner.     [Amendment,  Stats.  1905,  80.] 

[Amendatory  act  of  1905  also  contained  the  following  sections:] 

[§  19a.]  §  10.  Within  sixty  days  after  the  passage  of  this  act  and  its  ap- 
proval by  the  governor,  it  shall  be  the  duty  of  the  board  of  trustees  of  the  "Whit- 
tier  State  School  to  cause  all  male  inmates  of  said  school  who  are  over  sixteen 
years  of  age  to  be  committed  to  the  Preston  School  of  Industry. 

[§  19b.]  §  11.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

§  20.  It  shall  also  be  lawful  for  the  said  board  of  trustees,  under  such  rules 
as  they  may  prescribe,  to  receive  into  the  care  and  guardianship  of  said  institu- 


1484  WHITTIER  SCHOOL,— ESTABHSHMENT  AND  DISCIPLINE  OF. 

tion,  whenever  it  may  be  convenient  so  to  do,  minors  between  the  ages  of  eight 
and  eighteen  years,  committed  to  custody  in  any  of  the  following  modes: 

1.  Minors  committed  by  any  judge  of  a  superior  court  of  this  state,  on  the 
complaint  in  writing,  filed  and  due  proof  thereof  made  by  the  parent  or  guardian 
of  such  minor,  showing  that  by  reason  of  the  incorrigible  and  vicious  conduct 
or  nature  of  such  minor  he  is  beyond  the  control  and  power  of  such  parent  or 
guardian,  and  that  from  a  regard  for  the  future  welfare  of  such  minor  and  the 
protection  of  society  it  appears  that  such  minor  should  be  placed  in  the  care 
of  such  institution. 

2.  Minors  committed  by  any  judge  of  the  superior  court  of  this  state  where 
complaint  in  writing  has  been  filed  and  due  proof  of  the  same  has  been  made 
showing  that  such  minor  is  a  proper  subject  for  the  care  and  guardianship  of 
such  institution  in  consequence  of  vagrancy  or  of  incorrigible  or  vicious  conduct, 
in  cases  where,  from  moral  depravity  or  otherwise,  the  parent  or  guardian  hav- 
ing the  control  of  such  minor  is  incapable  of  exercising  or  is  unwilling  to  exer- 
cise the  proper  care  or  discipline  over  such  minor,  or  in  cases  where  such  minor 
has  no  parent,  guardian,  or  other  protector. 

3.  Minors  committed  by  any  judge  of  the  superior  court  of  this  state  where 
complaint  in  writing  has  been  filed  and  due  proof  of  the  same  has  been  made 
by  the  mother  or  guardian,  when  the  father  is  dead,  or  has  abandoned  his  family, 
or  is  an  habitual  drunkard,  or  does  not  provide  for  the  support  of  such  minor, 
and  it  appears  that  such  minor  is  destitute  of  a  suitable  home  and  of  adequate 
means  of  obtaining  an  honest  living,  or  is  in  danger  of  being  brought  up  to  lead 
an  idle  and  immoral  life,  and  where  such  mother  or  guardian  is  unable  to  pro- 
vide the  proper  support  and  care  for  such  minor.  [Amendment,  Stats.  1893, 
332.] 

§  21.  Before  conveying  minors  to  said  institution,  the  person  or  persons  hav- 
ing charge  of  said  minors  shall  ascertain  from  the  superintendent  whether  they 
can  be  received;  and  if  they  cannot,  then  the  case  of  such  minors  shall  be  dis- 
posed of  as  if  this  act  had  never  been  passed  and  no  proceedings  taken  under  it. 
[Amendment,  Stats.  1893,  333.] 

§  22.  In  all  cases  where  the  commitment  is  executed  by  the  official  person, 
whose  proceedings  are  usually  evidenced  by  the  record,  or  where  the  occasion  of 
the  commitment  is  a  criminal  charge  or  conviction  against  the  infant,  no  other 
record  shall  be  made  (unless  demanded  by  the  infant,  his  parent,  or  guardian) 
than  that,  in  substance,  such  infant  (naming  him),  who  on  a  day  therein  named 

was  of  the  age  of years,  having  been  brought  before  said  court  or  officer,  and 

it  having  been  ascertained  by  the  testimony  of  the  witnesses  that  such  infant  was 
a  suitable  person  to  be  committed  to  the  instruction  and  discipline  of  such  insti- 
tution, and  in  case  of  conviction  for  crime  (naming  the  offense),  therefore  such 
infant  was  ordered  to  be  committed  to  said  institution. 

§  23.  Upon  the  discharge  of  any  person  committed  to  said  school,  the  super- 
intendent thereof,  under  such  regulations  and  restrictions  as  the  said  board  of 
trustees  may  prescribe,  may  provide  such  person  with  suitable  clothing  and  five 
dollars  in  money,  and  procure  transportation  for  such  person  to  his  or  her  home, 
if  resident  in  this  state,  or  to  the  county  to  which  he  or  she  may  have  been  com- 
mitted, at  his  or  her  option.     [Amendment,  Stats.  1893,  333.] 


T%HITTIER   SCHOOL— ESTABLISHMENT  AND  DISCIPLINE   OF.  1485 

§  24.  Said  board  of  trustees  shall,  with  the  approval  of  the  governor,  estimate 
and  determine,  as  near  as  may  be,  the  actual  expenses  per  month  of  keeping  and 
taking  care  of  each  minor  committed  to  said  institution,  not  including  the  use 
of  grounds  and  buildings,  and  shall  include  a  statement  of  such  estimated  price 
in  each  biennial  report  to  the  governor.  When  any  minor  is  committed  to  said 
institution  at  the  instance  of  his  or  her  parent  or  guardian,  or  other  protector, 
the  cost  of  keeping  said  minor,  including  the  cost  of  transporting  to  and  from 
the  institution,  shall  be  wholly  paid  by  such  parent  or  guardian;  unless  by 
reason  of  the  poverty  of  such  parent  or  guardian  or  other  good  cause  said 
board  of  trustees  shall  otherwise  order  and  direct ;  in  such  case,  such  expenses, 
including  the  cost  of  transportation,  shall  be  borne  one  half  by  the  county  from 
which  such  minor  is  committed,  and  the  remaining  one  half  shall  be  borne  by  the 
state;  and  in  every  case  where  a  minor  who  has  no  parent,  guardian,  or  other 
protector,  who  is  able  to  pay  the  cost  of  transportation  to  and  cost  of  main- 
tenance at  said  school,  is  committed  thereto,  such  cost  of  transportation  and 
maintenance  of  such  minor  shall  be  borne,  one  half  by  the  state  and  the  other 
half  by  the  county  from  which  said  minor  is  committed.  The  expense  which  any 
county  may  be  liable  to  pay  on  account  of  any  minor  committed  to  said  institu- 
tion under  the  provisions  of  this  act  shall  be  paid  by  the  board  of  supervisors 
into  the  state  treasury  on  a  certified  and  detailed  statement  as  to  the  amount 
due  therefor  from  such  county  being  furnished  to  the  auditor  of  the  county  by 
said  superintendent;  but  in  no  case  shall  the  amount  charged  to  any  county  for 
the  keeping  of  any  minor  exceed  one  half  of  the  estimated  cost  to  the  state  of 
his  or  her  support,  exclusive  of  the  use  of  the  permanent  property  of  the  insti- 
tution. All  moneys  paid  by  such  counties  under  the  provisions  of  this  section 
into  the  state  treasury  shall  be  placed  in  a  fund,  to  be  designated  and  known  as 
the  "Whittier  Reform  School  Fund,"  for  the  use  of  said  institution;  provided, 
however,  that  no  order  shall  be  made  by  said  board  of  trustees  charging  any 
county  with  one  half  of  the  cost  of  keeping  in  the  institution  any  infant  com- 
mitted at  the  instance  of  his  or  her  parent  or  guardian,  or  other  protector,  unless 
a  certificate  in  writing  is  first  produced,  signed  by  the  president  of  the  board  of 
supervisors  of  such  county,  setting  forth  that  the  case  is  one  in  which  the  expense 
should  be  charged  to  the  state  and  county,  and  also  setting  forth  the  reasons  for 
their  being  so  charged.     [Amendment,  Stats.  1898,  333.] 

§  25.  Immediately  after  the  governor  shall  make  proclamation  that  said  in.sti- 
tution  is  ready  for  the  reception  of  inmates,  the  board  of  trustees  shall  make 
the  estimated  actual  expense  per  month  of  keeping  and  taking  care  of  the  infants, 
as  required  under  section  twenty-four,  which  estimate  shall  control  in  such  mat- 
ters until  the  first  biennial  report  of  said  board  is  made. 

§  26.  If  any  person  procure  the  escape  of  any  person  committed  to  the  school, 
or  advise  or  connive  at,  aid,  or  assist  in  such  escape,  or  conceal  any  such  person 
so  committed  after  such  escape,  he  shall,  upon  conviction  thereof  in  any  superior 
court,  be  punished  by  a  fine  of  not  less  than  two  hundred  dollars  nor  more  than 
one  thousand  dollars,  or  be  imprisoned  in  the  county  jail  not  less  than  twot 
months  nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment;  or,  if 
such  person  so  convicted  be  under  the  age  of  sixteen  years  then  he  shall  be  sen- 
tenced to  the  school,  as -in  this  act  provided.     [Amendment,  Stats.  1893,  334.] 

§  27.     If  any  parent,  or  guardian,  or  master  to  whom  a  minor  has  been  ap- 


1486  WHITTIER  SCHOOL — ESTABLISHMENT  AND  DISCIPLINE   OF. 

prenticed,  or  any  person  occupying  the  position  of  parent,  protector,  or  guar- 
dian, in  fact  or  in  reality,  by  blood  or  marriage,  not  more  remote  than  first 
cousin  to  such  minor,  shall  feel  aggrieved  by  such  commitment  to  such  institu- 
tion when  such  commitment  has  been  made  under  section  twenty  of  this  act,  he 
may  make  written  application  to  the  board  of  trustees  of  the  institution  for  the 
discharge  of  such  minor,  which  application  shall  be  filed  with  the  superintendent, 
who  shall  inform  the  trustees  thereof,  and  the  same  shall  be  heard  and  deter- 
mined by  such  trustees  at  such  time  and  place  as  they  shall  appoint  for  that 
purpose,  not  later  than  the  next  regular  meeting  of  the  board.  Such  application 
shall  state  the  grounds  of  the  applicant's  claim  to  the  custody  of  the  minor,  and 
the  reasons  for  claiming  such  custody.  Within  ten  days  after  hearing  said 
application,  the  trustees  shall  make  and  announce  their  opinion  thereon,  and  if 
they  shall  be  of  the  opinion  that  the  welfare  of  such  minor  would  be  promoted 
by  granting  the  application,  they  shall  make  an  order  to  that  effect ;  otherwise, 
they  shall  deny  the  application.  The  applicant  may,  upon  the  denial  of  his 
application,  by  first  giving  security  for  the  payment  of  all  costs  (the  security 
to  be  approved  by  the  clerk  of  the  proper  court)  commence  an  action  in  the 
superior  court  of  the  county  in  which  the  institution  may  be  situated,  for  the 
recovery  of  the  custody  of  such  minor,  against  the  trustees  of  such  institution. 
The  complaint  in  said  action  shall  state  the  fact  and  manner  of  the  minor's  com- 
mitment to  the  said  institution,  the  making  of  the  applicant's  application  to  the 
trustees  for  the  custody  of  such  minor,  and  the  overruling  of  such  application 
by  such  trustees,  as  well  as  the  ground  upon  which  the  applicant  relies  for  the 
recovery  of  the  custody  of  such  minor.  Said  action  shall  be  prosecuted  in  like 
manner  as  other  civil  actions,  and  the  cost  thereof  shall  be  paid  by  the  applicant 
without  reference  to  the  result  of  the  action,  unless  the  court  shall  state  in  the 
judgment  that  the  refusal  of  the  trustees  to  grant  the  application  of  the  appli- 
cant was  plainly  unreasonable,  or  that  the  oinginal  commitment  was  manifestly 
improper  and  unnecessary.     [Amendment,  Stats.  1893,  334.] 

§  28.  It  shall  be  the  duty  of  the  sheriff  of  any  county  wherein  an  order  is 
made  or  approved  by  a  superior  judge  committing  any  minor  to  said  school,  to 
execute  any  and  all  writs  of  commitment  issued  or  approved  by  said  judge,  and 
to  receive  as  compensation  therefor  such  fees  as  are  now  or  may  hereafter  be 
provided  by  law  for  the  transportation  of  prisoners  to  the  state  prison;  pro- 
vided, that  in  all  eases  where  the  commitment  shall  be  made  under  section  twenty 
of  this  act,  the  parent,  guardian,  or  other  protector  of  such  minor  may,  at  his 
option,  and  in  all  cases  where  he  is  liable,  or  where  the  estate  of  such  minor  is 
sufficient, ,  execute  said  writ  of  commitment,  after  having  been  duly  sworn  there- 
for, with  like  powers  and  with  like  effect  as  the  sheriff  would  possess  in  such 
case,  but  without  expense  to  the  said  estate;  and  further  provided,  that  in  the 
case  of  minor  females  committed  to  said  school,  and  there  is  no  parent,  guar- 
dian, or  other  protector  of  such  minor,  who,  in  the  opinion  of  the  court,  is  a 
proper  person  to  safely  conduct  such  female  to  said  school,  that  then,  in  such 
case,  the  court  shall  appoint  some  suitable  woman  of  satisfactory  character  and 
discretion,  who  shall  take  the  custody  of  such  minor  female  after  her  said  com- 
mitment, and  shall  forthwith  deliver  her  to  said  school,  and  be  entitled  to  the 
same  compensation  therefor  as  is  otherwise  provided  to  be  paid  to  the  sheriff 
in  all  cases  where,  if  such  minor  were  a  boy  and  were  by  a  sheriff  delivered  to 


WHITTIER,    ETC.,  STATE    SCHOOL — COMMITMENTS    TO.  1487 

said  school,  he,  the  said  sheriff,  would  be  entitled  to  receive  compensation,  under 
the  terms  of  this  act.     [Amendment,  Stats.  1893,  335.] 

§  29.  In  all  caaes  where  an  infant  has  been  committed  to  said  school  for  any 
of  the  causes  mentioned  in  section  twenty  of  this  act,  and  such  minor,  at  the 
time  of  his  commitment  or  afterwards,  and  during  his  term  of  confinement  at 
said  school,  succeeds  to  any  estate  which  is  of  sufficient  value  to  cover  his  ex- 
penses to  and  from  and  while  at  said  school,  the  same  shall  become  subject  to 
such  expense ;  and  the  said  superior  court  shall,  by  a  proper  order  therein  en- 
tered, cause  the  parent  or  guardian  to  sell  so  much  of  said  minor's  estate  (there 
not  being  sufficient  money)  to  pay  such  expenses.  In  each  case  the  proceedings 
thereon  shall  be  similar  to  those  required  of  guardians  in  ordinary  sales  of  the 
property  of  wards.  When  any  money  is  realized  by  virtue  of  any  such  sales,  the 
court,  by  proper  order,  shall  cause  the  same,  or  a  sufficient  amount  thereof,  to 
be  paid  to  the  trustees  of  such  institution ;  or  in  case  any  expense  of  said  minor 
has  been  borne  already  by  the  state  or  county,  then  such  court  shall  order  said 
county  and  state  to  be  fully  reimbursed  for  said  expense,  by  causing  a  sufficient 
amount  therefor  to  be  placed  in  the  state  and  county  treasury.  [Amendment, 
Stats.  1893,  336.] 

§  30.  The  said  board  of  trustees  shall  examine,  audit,  and  allow  the  demands 
arising  under  the  terms  of  the  aforesaid  act  and  the  amendments  thereto,  and 
the  state  controller  shall  thereupon  draw  his  warrants  therefor  payable  out  of 
the  proper  fund,  and  the  state  treasurer  is  hereby  ordered  to  pay  such  w^arrants. 

All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed.  [Amend- 
ment, Stats.  1893,  336.] 

§  31.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

§§16-19 — Ex    parte    Liddell,     93    Cal.     633,  ran    vs.    Los    Angeles    County,    117    Cal.    534. 

635,   29  Pac.   Rep.   251.     §§16-18,  24 — Cochran  537,    49    Pac.    Rep.    570;    MitcheU    vs.    Colgan, 

vs.    Los    Ang-eles    County,    117    Cal.    534,    536,  122  Cal.   296,   54  Pac.   Rep.   905.     §30 — Mitch- 

49    Pac.   Rep.    570.      §17 — Ex   parte   Becknell,  ell  vs.  Colgan,  122  Cal.  296,  297.  54  Pac.  Rep. 

119   Cal.   496,  51  Pac.   Rep.   692.     §24 — Coch-  905. 

WHITTIER,   ETC.,   STATE   SCHOOLS— COMMITMENTS   TO. 

Relating  to  commitments  to  the  state  school  at  Whittier  and  to  the  Preston 
School  of  Industry;  fixing  the  authority  to  examine  and  commit  to  such 
schools  with  the  superior  court  judges  of  the  counties,  and  fixing  the  re- 
sponsibilities from  which  commitments  are  made  to  the  state  for  mainte- 
nance of  the  persons  committed  therefrom;  providing  for  the  manner  of 
payment  thereof,  and  fixing  the  responsibility  of  the  parents  to  the  counties 
from  which  their  children  are  committed. 

(Stats.  1895,  122,  ch.  CXXXL) 

§  1.  The  superior  judge  of  any  county,  and  no  other  judicial  officer,  shall 
have  power  to  examine,  discharge,  or  commit  any  offender  either  to  the  Whittier 
State  School  or  to  the  Preston  School  of  Industry;  provided,  that  the  superior 
judge  shall  determine  whether  or  not  the  parent  or  guardian  of  any  minor  com- 
mitted to  the  Whittier  State  School  or  to  the  Preston  School  of  Industry  is  able 
to  pay  to  the  county  in  which  the  commitment  is  made  for  the  maintenance  of 
such  minor  during  the  term  of  such  commitment ;  and  when  the  superior  judge 
shall  determine  that  said  parent  or  guardian  has  the  ability  to  pay  as  aforesaid 


14S8  WHITTIER   STATE    SCHOOL,— COMMITMEIVT   TO. 

for  the  maintenance  of  such  minor  during  the  term  of  such  confinement,  the 
parent  or  parents  or  guardian  shall  pay  into  the  treasury  of  such  county  the 
sum  of  eleven  dollars  per  month  in  advance ;  and  in  case  of  the  failure  to  pay 
the  same  as  herein  provided,  it  shall  be  the  duty  of  the  district  attorney  of  such 
county  to  proceed  to  collect  the  amount  from  such  parent,  parents,  or  guardian 
in  the  manner  that  other  indebtedness  against  the  county  is  collected. 

§  2.  For  each  and  every  person  hereafter  committed  to  either  the  Whittier 
State  School  or  the  Preston  School  of  Industry,  the  county  from  which  the  com- 
mitment is  made  shall  pay  into  the  state  treasury  the  sum  of  one  hundred  and 
thirty-two  dollars  per  annum,  and  at  that  rate  for  each  fraction  of  a  year. 

§  3.  It  is  hereby  made  the  duty  of  the  clerk  of  the  superior  court  of  the 
county  from  which  such  commitment  is  made,  to  certify  to  the  county  auditor 
the  name,  age,  and  date  of  commitment  of  each  person  committed  by  the  supe- 
rior judge  thereof,  and  the  amount  due  to  the  state  from  the  county  by  reason 
of  such  commitments,  and  before  the  first  day  of  May  and  December  of  each  and 
every  year  to  file  with  the  treasurer  of  the  county  a  statement  of  the  number  of 
commitments,  with  the  date  thereof,  and  the  amount  due  from  the  county  by 
reason  of  such  commitments,  to  the  state  treasurer;  and  it  is  further  made  the 
duty  of  the  county  treasurer,  during  the  settlement  or  at  the  time  of  the  settle- 
ment with  the  state  during  the  month  of  May  and  December  of  each  year,  to  pay 
to  the  state  treasurer,  through  the  state  controller,  the  amount  so  found  to  be 
due  to  the  state  by  reason  of  commitments  to  the  state  schools  as  herein  provided. 

§  4.  The  superintendents  of  the  state  school  at  "Whittier  and  the  Preston 
School  of  Industry  are  hereby  required  to  transmit  to  the  state  treasurer  a 
statement  of  all  commitments  to  their  respective  institutions,  showing  the  name 
of  the  person  committed,  the  date  of  the  commitment,  and  the  county  from 
which  the  commitment  is  made,  and  the  amount  due  to  the  state  from  the  county 
by  reason  of  such  commitments ;  said  statement  to  be  made  quarterly,  as  fol- 
lows: On  or  before  the  first  day  of  January,  the  first  day  of  April,  the  first 
day  of  July,  and  the  first  day  of  October  of  each  year ;  and  it  is  hereby  made 
the  duty  of  the  controller  of  state  to  add  [to]  the  amounts  due  to  the  state 
from  said  counties  such  sum  as  may  be  shown  to  be  due  by  reason  of  commit- 
ments to  such  schools,  as  in  section  two  of  this  act  provided. 

§  5.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  6.     This  act  shall  take  effect  immediately. 

§1 — Matter  of  Robinson,  138  Cal.  491,  494,71    Pac.   Rep.    690. 

WHITTIER    STATE    SCHOOL— GIRLS. 

To  authorize  the  board  of  trustees  of  the  Whittier  State  School  to  contract  for 
the  care  and  keeping  of  girls  committed  to  said  school  in  charitable  or 
benevolent  institutions  or  with  private  persons,  and  to  pay  for  their  care 
while  in  such  institution  or  with  such  persons. 

(Stats.  1905,  226,  ch.  CCLIII.) 

§  1.  The  board  of  trustees  of  the  "Whittier  State  School  are  hereby  author- 
ized, and  in  proper  cases  it  shall  be  their  duty  to  contract  for  the  care  and  keep- 
ing of  any  girl  committed  to  said  school  with  any  charitable  or  benevolent 


I 


WHITTIER   STATE    SCHOOL,   GIRLS — WINE,   ADULTERATION    OF.  1480 

association  organized  for  the  purpose  of  caring  for  criminal  or  wayward  girls, 
or  with  any  woman  of  good  moral  character,  and  to  place  such  girl  in  the  care 
and  keeping  of  such  institution  or  woman,  and  to  pay  therefor  out  of  the  sup- 
port fund  of  said  school  such  sum  as  may  be  agreed  upon,  but  in  no  case  to 
exceed  the  sum  of  fifteen  dollars  per  month,  including  board  and  clothing,  for 
the  actual  time  such  girl  is  in  the  care  and  keeping  of  such  institution  or  woman. 

§  2.  The  board  of  trustees  of  said  school  may  recall  and  take  back  any  girl 
so  placed  in  the  care  and  keeping  of  any  institution  or  woman,  when  in  their 
judgment  it  is  for  the  interest  of  such  girl  to  do  so,  and  shall  take  back  such 
girl  whenever  requested  to  do  so  by  the  institution  or  woman  in  whose  care  and 
keeping  such  girl  has  been  placed. 

§  3.  The  said  board  of  trustees  shall  require  the  institution  or  woman  rp- 
ceiving  any  girl  from  said  school  vmder  this  act  to  report  to  them  monthly 
concerning  the  behavior  and  progress  of  said  girl,  and  such  other  matters  as 
said  board  may  desire.  And  it  shall  be  their  duty  further  to  inform  themselves 
concerning  the  behavior,  progress  and  general  welfare  of  said  girl  by  causing 
her  to  be  visited  occasionally  by  such  officer  or  agent  of  the  school  as  they  may 
select. 

§  4.  Nothing  in  this  act  shall  be  construed  as  affecting  the  power  to  parole 
and  discharge  which  is  now  or  may  hereafter  be  conferred  by  law  upon  said 
board,  but  in  all  cases  the  power  of  parole  and  final  discharge  shall  remain  in 
said  board  of  trustees,  the  same  as  though  said  girl  had  remained  an  inmate  of 
said  school. 

§  5.  Nothing  in  this  act  shall  be  construed  as  relinquishing  the  counties,  or 
others  liable,  from  the  payment  of  such  sums  to  the  state  for  the  cost  of  main- 
tenance as  is  now,  or  may  hereafter  be  required  by  law,  but  such  sums  shall  be 
paid  the  same  as  though  said  girl  had  remained  an  inmate  of  said  school. 

§  6.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

WHITTIER  STATE  SCHOOL. 

See  KERR'S   CTC.   POL.   CODE   §  2153a. 

WILD  ANIMALS— DESTRUCTION  OF. 

See  tits.  Animals  (Stats.  1883,  368) ;  Bounties;  County  Government  Act  (subd. 
26,  §  25) ;  State — Actions  Against. 

WILMINGTON. 

See  tits.  Municipal  Corporations ;  Pilots. 

WINE— SOPHISTICATION    AND    ADULTERATION. 

To  prohibit  the  sophistication  and  adulteration  of  wine,  and  to  prevent  fraud 
in  the  manufacture  and  sale  thereof. 

(Stats.  1887,  46,  ch.  XXXVI.) 

§  1.  For  the  purposes  of  this  act,  pure  wine  shall  be  defined  as  follows :  The 
juice  of  grapes  fermented,  preserved,  or  fortified  for  use  as  a  beverage,  or  as  a 
medicine,  by  methods  recognized  as  legitimate  according  to  the  provisions  of  this 

Gen.  Laws — 94 


1490  WINES— SOPHISTICATION    AND    ADULTERATION    OF. 

act ;  unf ermented  grape  juice,  containing  no  additiqn  of  distilled  spirits,  may  be 
denominated  according  to  popular  custom  and  demand  as  wine  only  when  de- 
scribed as  "unf ermented  wine,"  and  shall  be  deemed  pure  only  when  preserved 
for  use  as  a  beverage  or  medicine,  in  accordance  with  the  provisions  of  this  act. 
Pure  grape  must  shall  be  deemed  to  be  the  juice  of  grapes,  only  in  its  natural 
condition,  whether  expressed  or  mingled  with  the  pure  skins,  seeds,  or  stems  of 
grapes.  Pure  condensed  grape  must  shall  be  deemed  to  be  pure  grape  must  from 
which  water  has  been  extracted  by  evaporation,  for  purposes  of  preservation  or 
increase  of  saccharine  strength.  Dry  wine  is  that  produced  by  complete  fer- 
mentation of  saccharine  contained  in  must.  Sweet  wine  is  that  which  contains 
more  or  less  saccharine  appreciable  to  the  taste.  Fortified  wine  is  that  wine  to 
which  distilled  spirits  have  been  added  to  increase  alcoholic  strength,  for  pur- 
poses of  preservation  only,  and  shall  be  held  to  be  pure  when  the  spirits  so  used 
are  the  product  of  the  grape  only.  Pure  champagne,  or  sparkling  wine  is  that 
which  contains  carbonic  acid  gas  or  effervescence  produced  only  by  natural  fer- 
mentation of  saccharine  matter  of  must,  or  partially  fermented  wine  in  bottle. 

§  2.  In  the  fermentation,  preservation,  and  fortification  of  pure  wine,  it 
shall  be  specifically  understood  that  no  materials  shall  be  used  intended  as  sub- 
stitutes for  grapes,  or  any  part  of  grapes ;  no  coloring  matters  shall  be  added 
which  are  not  the  pure  product  of  grapes  during  fermentation,  or  by  extraction 
from  grapes  with  the  aid  of  pure  grape  spirits ;  no  foreign  fruit  juices,  and  no 
spirits  imported  from  foreign  countries  whether  pure  or  compounded  with  fruit 
juices  or  other  material  not  the  pure  product  of  grapes,  shall  be  used  for  any 
purposes;  no  aniline  dyes,  salicylic  acid,  glycerin,  alum,  or  other  chemical  anti- 
septics or  ingredients  recognized  as  deleterious  to  the  health  of  consumers,  or  as 
injurious  to  the  reputation  of  wine  as  pure,  shall  be  permitted ;  and  no  distilled 
spirits  shall  be  added  except  for  the  sole  purpose  of  preservation,  and  without 
the  intention  of  enabling  trade  to  lengthen  the  volume  of  fortified  dry  wine  by 
the  addition  of  water,  or  other  wine  weaker  in  alcoholic  strength. 

§  3.  In  the  fermentation  and  preservation  of  pure  wine,  and  during  the  opera- 
tions of  fining,  or  clarifying,  removing  defects,  improving  qualities,  blending 
and  maturing,  no  methods  shall  be  employed  which  essentially  conflict  with  the 
provisions  of  the  preceding  sections  of  this  act,  and  no  materials  shall  be  used 
for  the  promotion  of  fermentation,  or  the  assistance  of  any  of  the  operations  of 
wine  treatment,  which  are  injurious  to  the  consumer  or  the  reputation  of  wine 
as  pure;  provided,  that  it  shall  be  expressly  understood  that  the  practices  of 
using  pure  tannin  in  small  quantities,  leaven  to  excite  fermentation  only,  and 
not  to  increase  the  material  for  the  production  of  alcohol ;  water  before  or  dur- 
ing, but  not  after,  fermentation,  for  the  purpose  of  decreasing  the  saccharine 
strength  of  must  to  enable  perfect  fermentation;  and  the  natural  products  of 
grapes  in  the  pure  forms  as  they  exist  in  pure  grape  nuTst,  skins,  and  seeds; 
sulphur  fumes  to  disinfect  cooperage  and  prevent  disease  in  wine;  and  pure 
gelatinous  and  albuminous  substances,  for  the  sole  purpose  of  assisting  fining, 
or  clarification,  shall  be  specifically  permitted  in  the  operations  hereinbefore 
mentioned,  in  accordance  with  recognized  legitimate  custom. 

§  4.  It  shall  be  unlawful  to  sell,  or  expose,  or  offer  to  sell,  under  the  name  of 
wine,  or  grape  musts,  or  condensed  musts,  or  under  any  names  designating 


WINES— SOPHISTICATIOJV  AND  ADULTERATION  OF.  1491 

pure  wines  or  pure  musts,  as  hereinbefore  classified  and  defined,  or  branded, 
labeled,  or  designated  in  any  way  as  wine  or  musts,  or  by  any  name  popularly 
and  commercially  used  as  a  designation  of  wine  produced  from  grapes,  such  as 
claret,  burgundy,  hock,  sauterne,  .port,  sherry,  madeira,  and  angelica,  any  sub- 
stance or  compound,  except  pure  wine,  or  pure  grape  must  or  pure  grape  con- 
densed must,  as  defined  by  this  act,  and  produced  in  accordance  with  and  subject 
to  restrictions  herein  set  forth ;  provided,  that  this  act  shall  not  apply  to  liquors 
imported  from  any  foreign  country,  which  are  taxed  upon  entry  by  custom  laws 
in  accordance  with  a  specific  duty,  and  contained  in  original  packages  or  ves- 
sels, and  prominently  branded,  labeled,  or  marked,  so  as  to  be  known  to  all  per- 
sons as  foreign  products,  excepting,  however,  when  such  liquor  shall  contain 
adulterations  of  artificial  coloring  matters,  antiseptic  chemicals,  or  other  ingre- 
dients known  to  be  deleterious  to  the  health  of  consumers ;  and  provided,  further, 
that  this  act  shall  not  apply  to  currant  wine,  gooseberry  wine,  or  wines  made 
from  other  fruits  than  the  grape,  which  are  labeled  or  branded  and  designated, 
and  sold  or  offered  or  exposed  for  sale,  under  names,  including  the  word  wine, 
but  also  expressing  distinctly  the  fruit  from  Mdiich  they  are  made,  as  gooseberry 
wine,  elderberry  wine,  or  the  like.  Any  violation  of  any  of  the  provisions  of  any 
of  the  preceding  sections  shall  be  a  misdemeanor. 

§  5.  Exceptions  from  the  provisions  of  this  act  shall  be  made  in  the  case  of 
pure  champagne,  or  sparkling  wine,  so  far  as  to  permit  the  use  of  crystallized 
sugar  in  sweetening  the  same  according  to  usual  customs,  but  in  no  other 
respect. 

§  6.  In  all  sales  and  contracts  for  sale,  production,  or  delivery  of  products 
defined  in  this  act,  such  products,  in  the  absence  of  a  written  agreement  to  the 
contrary,  shall  be  presumed  to  be  pure,  as  herein  defined,  and  such  sale  or  con- 
tracts shall,  in  the  absence  of  such  an  agreement,  be  void,  if  it  be  established  that 
the  products  so  sold  or  contracted  for  were  not  pure  as  herein  defined;  and  in 
such  case  the  concealment  of  the  true  character  of  such  products  shall  constitute 
actual  fraud  for  which  damages  may  be  recovered,  and  in  a  judgment  for  dam- 
ages, reasonable  attorney  fees,  to  be  fixed  by  the  court,  shall  be  taxed  as  costs. 

§  7.  The  controller  of  the  state  shall  cause  to  have  engraved  plates,  from 
which  shall  be  printed  labels,  which  shall  set  forth  that  the  wine  covered  by 
such  labels  is  pure'  California  wine,  in  accordance  with  this  act,  and  leaving 
blanks  for  the  name  of  the  particular  kind  of  wine  and  the  name  or  names  of 
the  seller  of  the  wine  and  place  of  business.  These  labels  shall  be  of  two  forms 
or  shapes,  one  a  narrow  strip  to  cap  over  the  corks  of  bottles,  the  other  a  round 
or  square  and  sufficiently  large,  say  three  inches  square,  to  cover  the  bungs  of 
packages  in  which  wine  is  sold.  Such  labels  shall  be  furnished  upon  proper 
application  to  actual  residents,  and  to  be  used  in  this  state  only,  and  only  to 
those  who  are  known  to  be  growers,  manufacturers,  traders,  or  handlers,  or 
bottlers  of  California  wine;  and  such  parties  will  be  required  to  file  a  sworn 
statement  with  said  controller,  setting  forth  that  his  or  their  written  application 
for  such  labels  is  and  will  be  for  his  or  their  sole  use  and  benefit,  and  that  he  or 
they  will  not  give,  sell,  or  loan  such  label  to  any  other  person  or  persons  whom- 
soever. Such  labels  shall  be  paid  for  at  the  same  rate  and  price  as  shall  be 
found  to  be  the  actual  cost  price  to  the  state,  and  shall  be  supplied  from  time 


1493  WINES — SOPHISTICATION  AND  ADULTERATION  OP. 

to  time  as  needed,  upon  the  written  application  of  such  parties  as  are  before 
mentioned.  Such  label,  when  affixed  to  bottle  or  wine  package,  shall  be  so  affixed 
that  by  drawing  the  cork  from  bottle  or  opening  the  bung  of  package,  such  label 
shall  be  destroyed  by  such  opening;  and  before  affixing  such  labels,  all  blanks 
shall  be  filled  out,  by  stating  the  variety  or  kind  of  wine  that  is  contained  in 
such  bottle  or  package,  and  also  by  the  name  or  names  and  post-office  address  of 
such  grower,  manufacturer,  trader,  handler,  or  bottler  of  such  wine. 

§  8.  It  is  desired  and  required  that  all  and  every  grower,  manufacturer, 
trader,  handler,  or  bottler  of  California  wine,  when  selling  or  putting  up  for 
sale  any  California  wine,  or  when  shipping  California  wine  to  parties  to  whom 
sold,  shall  plainly  stencil,  brand,  or  have  printed  where  it  will  be  easily  seen, 
first,  "Pure  California  Wine,"  and  secondly  his  name,  or  the  firm's  name,  as  the 
case  may  be,  both  on  label  of  bottle  or  package  in  which  wine  is  sold  and  sent; 
or  he  may  in  lieu  thereof,  if  he  so  prefers  and  elects,  affix  the  label  wdiich  has 
been  provided  for  in  section  seven.  It  shall  be  unlawful  to  affix  any  such  stamp 
or  label  as  above  provided  to  any  vessel  containing  any  substance  other  than 
pure  wine  as  herein. defined,  or  to  prepare,  or  use  on  any  vessel  containing  any 
liquid,  any  imitation  or  counterfeit  of  such  stamp,  or  any  paper  in  the  similitude 
or  resemblance  thereof,  or  any  paper  of  such  form  and  appearance  as  to  be  cal- 
culated to  mislead  or  deceive  any  unwary  person,  or  cause  him  to  suppose  the 
contents  of  such  vessel  to  be  pure  wine.  It  shall  be  unlawful  for  any  person  or 
persons,  other  than  the  ones  for  whom  such  stamps  were  procured,  to  in  any  way 
use  such  stamps,  or  to  have  possession  of  the  same.  A  violation  of  any  of  the 
provisions  of  this  section  shall  be  a  misdemeanor,  and  punishable  by  fine  of  not 
less  than  fifty  dollars  and  not  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  a  term  of  not  exceeding  ninety  days,  or  by  both 
such  fine  and  imprisonment.  All  moneys  collected  by  virtue  of  prosecutions  had 
against  persons  violating  any  provisions  of  this  or  any  preceding  sections  shall 
go,  one  half  to  the  informer,  and  one  half  to  the  district  attorney  prosecuting 
the  same. 

§  9.  It  shall  be  the  duty  of  the  controller  to  keep  an  account,  in  a  book  to  be 
kept  for  that  purpose,  of  all  stamps,  the  number,  design,  time  when  and  to  whom 
furnished.  The  parties  procuring  the  same  are  hereby  required  to  return  to  the 
controller  semiannual  statements  under  oath,  setting  forth  the  number  used,  and 
how  many  remains  on  hand.  Any  violation  of  this  section  by  the  person  receiv- 
ing such  stamps  is  a  misdemeanor. 

§  10.  It  shall  be  the  duty  of  any  and  all  persons  receiving  such  stamps  to  use 
the  same  only  in  their  business,  in  no  manner  or  in  nowise  to  allow  the  same 
to  be  disposed  of  except  in  the  manner  authorized  by  this  act;  to  not  allow  the 
same  to  be  used  by  any  other  person  or  persons.  It  shall  be  their  duty  to  become 
satisfied  that  the  wine  contained  in  the  barrels  or  bottles  is  all  that  said  label 
imports  as  defined  by  this  act.  That  they  will  use  the  said  stamps  only  in  this 
state,  and  shall  not  permit  the  same  to  part  from  their  possession,  except  with 
the  barrels,  packages,  or  bottles  upon  which  they  are  placed  as  provided  by  this 
act.    A  violation  of  any  of  the  provisions  of  this  section  is  hereby  made  a  felony. 

§  11.     This  act  shall  take  effect  and  be  in  force  ninety  days  after  its  passage. 

ConsuU   KERR'S    CYC.    PEN.    CODE    §382.        parte   Kohler.    74   Cal.    38,    15    Pac.    Rep.    436; 
§8 — Ex    parte    CampbeU,    74   Cal.    20,    29,    5       Meroed  County  vs.   Helm,   102   Cal.    159,    164. 
Am.    St.    Rep.    418,    15    Pac.    Rep.     318;    Ex       36    Pac.    Rep.    399. 


IPVOMAJV'S  RELIEF  ASSOCIATION — YOSEMITE  VALLEY.  1493 

WITNESS  FEES. 
See  tit.  Fees  of  Officers. 

WOMEN. 
See  tits.  Females;  Married  Women;  Prostitution;  Schools. 

WOMEN— PHYSICIANS. 

See  KERR'S  CYC.  POL.  CODE  §2153;  also  tit.    State   Luuaey   Commission. 

WOMAN'S   RELIEF   CORPS   ASSOCIATION. 

Appropriations  have  been  made  in  aid  of  this  association,  Stats.  1897,  447,  ch.  CCLXXIV; 
1903,    514,   ch.   CCCLXV;   also    1905,   787,   ch.   DLXXXV. 
See  tits.  Married  Women;  Prostitution. 

WOODLAND. 

See  tit.  Municipal  Corporations. 

WORKSHOPS   AND    FACTORIES. 

See  tit.  Factories  and  Workshops. 

WRITS— PROCESS— SEAL. 

See  tits.  Counties,  New;  Process;  Seal. 

YOLO   COUNTY. 

The    following    local    legislation    may    be  1873-4,    818,   ch.   DLXXVIII;   and   1877-8,   943, 

consulted:  ch.    DXCIII. 

To  develop  agricultural  interests  by  con-  To     establish    a    public    road    along     the 

struction   of  a  canal   in  Colusa,   Solano,   and  boundary    between    Yolo    and    Colusa,    coun- 

Yolo    counties,    1865-6,    451,    ch.    CCCLXVIII.  ties,    1873-4,    213,    ch.    CLVIII. 

To    quiet    title    to    certain    lands,    1871-2,  To    provide    drainage    of    lands    in    Colusa 

803,    ch.    DLXI;    1873-4,    492,    ch.    CCCXXXV;  and  Yolo  counties,  1877-8,  1037,  ch.  DCLXX. 

YOSEMITE  VALLEY. 

To  accept  the  grant  by  the  United  States  government  to  the  state  of  California 
of  the  Yosemite  Valley,  and  of  the  land  embracing  the  Mariposa  Big  Tree 
Grove,  and  to  organize  the  board  of  commissioners,  and  to  fully  empower 
them  to  carry  out  the  objects  of  the  grant  and  fulfil  the  purposes  of  the 

(Stats.  1865-6,  710,  eh.  DXXXVI.) 

[The  foregoing  act  is  practically  superseded  by  Political  Code,  §§  3584-3586, 
and  Stats.  1880,  44,  ch.  LVIII,  as  amended  1885,  212,  ch.  CLXIII;  ante  tit. 
Big  Tree  Groves;  but  §§  5,  6,  of  the  Stats.  1865-6,  710,  are  not  covered  by  the 
later  legislation  above  referred  to.    Following  are  the  sections:] 

§  5.  The  state  geologist  is  hereby  authorized  to  make  such  further  explora- 
tions on  the  said  tracts  and  in  the  adjoining  region  of  the  Sierra  Nevada  Moun- 
tains as  may  be  necessary  to  enable  him  to  prepare  a  full  description  and 
accurate  statistical  report  of  the  same,  and  the  same  shall  be  published  in  connec- 
tion with  the  reports  of  the  geological  survey. 

§  6.  It  shall  be  unlawful  for  any  person  wilfully  to  commit  any  trespass 
whatever  upon  said  premises,  cut  down  or  carry  off  any  wood,  underwood,  tree, 
or  timber,  or  girdle  or  otherwise  injure  any  tree  or  timber,  or  deface  or  injure 
any  natural  object,  or  set  fire  to  any  wood  or  grass  upon  said  premises,  or 


1494  YOSEMITE— REGRANTING    TO    UNITED    STATES. 

destroy  or  injure  any  bridge  or  structure  of  any  kind,  or  other  improvement 
that  is  or  may  be  placed  thereon.  Any  person  committing  either  or  any  of  said 
acts  without  the  express  permission  cf  said  commissioners  through  said  guar- 
dian shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  fine  not  exceeding  five  hundred  dollars  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

And    see    Stats.    1873-4,    347,    ch.    CCXLIX,  ante. 

See   tit.   Big  Tree   Groves.     And   see   next  foUowing-  act,  to  cede  to  the  United  States. 

YOSEMITE— REGRANTING    TO    UNITED    STATES. 

To  recede  and  regrant  unto  the  United  States  of  America,  the  "Yosemite  Val- 
ley," and  the  land  embracing  the  "Mariposa  Big  Tree  Grove." 
(Stats.  1905,  54,  ch.  LX.) 

§  1.  The  state  of  California  does  hereby  recede  and  regrant  unto  the  United 
■  States  of  America,  the  "Cleft"  or  "Gorge"  in  the  granite  peak  of  the  Sierra 
Nevada  Mountains,  situated  in  the  county  of  Mariposa,  state  of  California,  and 
the  headwaters  of  the  Merced  River,  and  known  as  the  Yosemite  Valley,  with  its 
branches  or  spurs,  granted  unto  the  state  of  California  in  trust  for  public  use, 
resort  and  recreation  by  the  act  of  Congress  entitled  "An  act  authorizing  a 
grant  to  the  state  of  California  of  the  Yosemite  Valley  and  cf  the  land  embracing 
the  'Mariposa  Big  Tree  Grove,'  "  approved  June  thirtieth,  eighteen  hundred 
and  sixty-four;  and  the  state  of  California  does  hereby  relinquish  unto  the 
United  States  of  America  and  resign  the  trusts  created  and  granted  by  the  said 
act  of  Congress. 

§  2.  The  state  of  California  does  hereby  recede  and  regrant  unto  the  United 
States  of  America,  the  tracts  embracing  what  is  known  as  the  "Mariposa  Big 
Tree  Grove,"  granted  unto  the  state  of  California  in  trust  for  public  use,  resort 
and  recreation  by  the  act  of  Congress  referred  to  in  section  one  of  this  act ;  and 
the  state  of  California  does  hereby  relinquish  unto  the  United  States  of  America 
and  resign  the  trusts  created  and  granted  by  the  said  act  of  Congress. 

§  3.  This  act  shall  take  effect  from  and  after  acceptance  by  the  United  States 
of  America  of  the  recessions  and  regrants  herein  made,  thereby  forever  releasing 
the  state  of  California  from  further  cost  of  maintaining  the  said  premises,  the 
same  to  be  held  for  all  time  by  the  United  States  of  America  for  public  use, 
resort  and  recreation,  and  imposing  on  the  United  States  of  America  the  cost 
of  maintaining  the  same  as  a  national  park.  Provided,  however,  that  the  re- 
cession and  regrant  hereby  made  shall  not  affect  vested  rights  and  interests  of 
third  persons. 

statutes  making  appropriations  have  been  omitted;  but  see  tit.  Roads  and  Highways. 

YREKA    CITY. 

See  tit.  Municipal  Corporations. 

YUBA    CITY. 

See  tit.  Municipal  Corporations. 

YUBA   COUNTY— RECORDS. 

Concerning  the  records  of  Yuba  County. 
(Stats.  1856,  139,  eh.  CXVIII.) 


YUBA  COUNTY  RECORDS— INDEX,  TRANSCRIBING.  1495 

§  1.  The  county  recorder  of  Yuba  County  is  hereby  authorized  and  required,, 
as  soon  as  the  same  can  be  conveniently  done,  to  transcribe,  in  such  manner  and 
into  such  books,  as  are  prescribed  by  section  twelve  of  the  act  entitled  "An  act 
concerning  county  recorders,"  passed  March  twenty-sixth,  eighteen  hundred 
and  fifty-one,  the  following  books  of  record  in  his  office  of  deeds,  mortgages, 
powers  of  attorney,  and  other  instruments,  namely: 

First.  The  books  which  were  kept  by  Stephen  J.  Field,  as  alcalde  of  Marys- 
ville,  or  Yubaville. 

Second.  The  books  which  were  kept  by  Phelips  AV.  Keyser,  as  alcalde of 

Eliza. 

Third.  The  books  which  were  kept  by  Alfred  Lawton,  as  recorder  of 

Yuba  County. 

And  he  shall  make  an  index  to  the  record  thus  transcribed,  which  shall  con- 
form, as  near  as  possible,  to  the  indices  required  by  section  fourteen  of  the  act 
concerning  county  records,  passed  INIarch  twenty-sixth,  eighteen  hundred  and 
fifty-one,  and  he  shall  note  on  the  margin  of  each  record  transcribed,  the  name 
of  the  original  volume,  and  the  number  of  the  original  page. 

§  2.  Copies  of  any  of  the  records  transcribed,  as  provided  in  the  last  section, 
certified  to  be  full,  true  and  correct  copies,  under  the  hand  and  seal  of  the  re- 
corder, shall  be  legal  evidence,  and  be  received  in  all  the  courts  of  this  state,  and 
in  all  actions  and  proceedings  therein,  with  like  effect,  as  the  original  deed, 
mortgage,  power  of  attorney,  or  other  instrument  could  be,  if  presented  and 
proved  as  required  by  law;  and  the  records  as  transcribed  shall,  to  all  intents 
and  purposes,  impart  and  convey  notice  to  all  subsequent  purchasers,  mortgagees, 
assignees,  attachment  and  judgment  creditors. 

§  3.  For  service,  under  this  act,  the  recorder  shall  receive  pay  out  of  the 
county  treasury,  at  the  rate  of  twenty  cents  per  folio  of  one  hundred  words,  and 
he  shall  be  allowed  no  further  compensation  M'hatever  for  services  under  this 
act. 

§  4.  The  said  transcript  shall  be  denominated  the  transcribed  records  of 
deeds,  mortgages,  powers  of  attorney,  and  other  instruments,  and  be  designated 
as  books  number  one,  and  upwards,  as  may  be  necessary,  as  follows : 

Transcribed  records  of  deeds,  number  one. 

Transcribed  records  of  mortgages,  number  one. 

Transcribed  records  of  powers  of  attorney,  number  one. 
§  5.     The  original  records  shall  be  carefully  preserved  in  the  office  of  said 
recorder. 

See  next  foHowing  statute. 

YUBA   COUNTY— RECORDS. 

To  provide  for  transcribing  certain  records  in  the  county  of  Yuba. 
(Stats.  1877-8,  212,  ch.  CLXXV.) 

§  1.  The  board  of  supervisors  of  the  county  'of  Yuba  are  hereby  authorized 
and  empowered  to  have  transcribed  certain  torn  and  mutilated  records  of  said 
county,  and  pay  a  fair  and  reasonable  compensation  therefor. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 


IIN^DEX. 


Abandoned   children,    providing   for   protec-       Analysis    of    foods    and    waters.      See    tits. 


tion,    treatment,    etc.,    of,    115. 
probation   ofRcers,   118. 

See   tits.    Children;   Educational   Rights; 
Schools. 
Accountancy,    state   board   of,    creating   and 

prescribing  powers,  1,  2. 
Accountants.     See  tits.  Accountancy;  Public 

Accountants. 
Accounts,   saloon,   prohibiting  collections   of 
in  excess  of  five  dollars,  2. 
See  tit.  Accountancy. 
Acknowledgments,  before  court  commission- 
ers, legalized,  3. 
Actions.     See  tit.  Collateral  Inheritance  Tax, 
146,  147. 
lands,  possessory  actions,  625. 
See   tit.    State,   Actions  Against. 
Actions   against   the   state,   authorizing   cer- 
tain  suits  and   prescribing  pro- 
cedure in,  1269. 
suits    concerning   certain    real    property, 

1270. 
suits    relating    to    coyote    scalp    bounty, 

1271. 
See  tit.  State,  Actions  Against. 
Adoption  of  children  (note),  4. 
Adult  blind.     See  tit.  Deaf,  Dumb  and  Blind. 
Adulterated    dairy    products,    prohibited    use 

in   state   institutions,    1275. 
Adulteration,   of  foods   and   drugs    (note),   5. 

See  tits.   Dairy  Products;  Honey. 
Adultery,  punishment  for    (note),   5. 
Affiliated   Colleges    (note),   1431. 

See  tit.  University  of  California. 
Age.     See  tit.  Children,  Hours  of  Labor. 
Agents,  employment.     See  tit.  Employer  and 

Employees. 
Agricultural  associations.     See  tit.  Agricul- 
tural Districts, 
districts,    formation,    management,    etc., 

of,   5-9. 
lands,    see    drainage,    lands    other    than 

swamp,    390. 
made  state   institution    (§  8),   9. 
Agricultural    pursuits,    employment    of   chil- 
dren  in    (§  5),    1125. 
Agricultural    Society,    State,    authorized    to 
sell  property,   10. 
See  tit.  State  Agricultural  Society. 
Agriculture.      See   tits.   Agriculture,   College 
of;     Agricultural     Associations; 
Agricultural  Districts;  Agricul- 
tural   Lands;   Agricultural    Pur- 
suits; Cereal  Crops;  State  Agri- 
cultural Society. 
Agriculture,  College   of,  establishment  of  in 

university,  1436. 
Alameda.     See  tits.   Municipal  Corporations; 

San  Antonio  Creek. 
Alameda    County,    additional    judge    for,    13. 
Aliens,   debarred   from  public  service,   13. 
Alturas,    Town    of,    Dorris    Bridge    changed 
to,   14. 
See  tit.  Municipal   Corporations. 
Alviso.     See  tit.  Municipal  Corporations. 


Adulteration;    State  Analyst. 
Analyst,  state.     See  tit.  State  Analyst. 
Animals,  administering  drugs  to,   14. 

contagious    and    infectious    diseases    of, 
15. 

cruelty  to,  prevention  of,  16,  21. 

diseases.      See  tits.   Sheep;   State  Veter- 
inarian. 

estray,  taking  up  and  lien  upon,  21. 

hides,  to  regulate  disposition  of,  24. 

inspector  of  live  stock,  210. 

quarantine  of.     See  tit.   Quarantine. 

sheep-killing  dogs  (note),  21. 

stock  sales,  prohibiting  combinations  in, 
24. 

use  of  bristle  bur  prohibited,  21. 

w^ild,  to   encourage   destruction  of,   32. 

See  tits.  Coyote  Scalps  (note);  also  §25, 
County  Government. 
Annexation  of  territory.     See  tits.  Irrigation 
Districts;     Municipal      Corpora- 
tions;   Boundaries. 
Annuity    fund.       See    tit.    Schools,    Annuity 

Fund. 
Antitoxin.      See   tit.    State   Board    of  Health. 
Antwerp   (messenger)   pigeons,  for  the  pro- 
tection of,  32. 
Apiaries,    to    promote    apicultural    industry, 

32-34. 
Appeals,  prior  to  January,  1880  (note),  34. 
Apprentice  and  master,  see  note,   35. 
Appropriated    water.      See    tits.    Irrigation; 

Waters. 
Appropriations,     state     (1905-6),     for     57th, 
58th   fiscal  years,   35-50. 

for  agriculture,  state  society,  47,   100, 

for  attorney-general's    office,    39. 

for  board  of  health,  state,  41. 

for  bureau  of  labor  statistics,  46. 

for  California  Polytechnic  School,  46. 

for  California  Redwood  Park,   42. 

for  Chico  Normal  School,  46. 

for  commissioner,  debris,   43. 

for  commissioner,  Lake  Tahoe  road,   43. 

for  commissioner,   public  ■w'orks,   43. 

for  commissioner    for    revision    of    law, 
42. 

for  controller's   office,   38. 

for  convicts,  insane,  hospital,  45. 

for  debris  commissioner,  43. 

for  department  of  highways,  42. 

for  education,   state  board,  47. 

for  equalization,   state  board  of,   42. 

for  excess  of,  forbidden,  49. 

for  executive  department,  36. 

for  fish  commissioner,  47. 

for   highways,  department  of,  42. 

for  horticultural  commissioner,   47. 

for  hospital  for  insane  convicts,  45. 

for  hospitals,  state,  43. 

for  insane  convicts,  hospital,  45. 

for  insurance    commissioner's    office,    41. 

for  judicial   department,   35. 

for  labor  statistics,  46. 

for  Lake  Tahoe  road  commissioner,   43. 


(1497) 


1498 


INDEX. 


Appropriations — Continued. 

for  law,  commissioner  for  revision,  etc., 
42. 

for  legislative   department,   35. 

for  Lewis  and  Clark    Exposition,  687. 
additional  appropriation,  688. 

for  Los  Angeles  Normal   School,   45. 

for  military  purposes,   40. 

for  mining,   state    bureau,    43. 

for  miscellaneous  subjects,  48. 

for  normal  schools,   45. 

for  orphans,    48. 

for  parks,   California  Redwood,   42. 

for  polytechnic    school,    San    Francisco, 
46. 

for  poultry  experiment  station,  45. 

for  Preston  School  of  Industry,  45. 

for  prisons,  state,  44. 

for  public  works,  commissioner  of,  43. 

for   railroad  commissioners,  41. 

for  reform  schools,  state,  44,  45. 

for  reports  required,   48. 

for  San  Diego  Normal  School,  46. 

for  San  Francisco  Normal  School,  46. 

for  San  Jose  Normal  School,  45. 

for  secretary   of   state's   office,    37. 

for  State  Agricultural  Society,  47. 

for  state  board  of  education,  47. 

for  state   board   of   equalization,    42. 

for  state  board  of  examiners,  37. 

for  state  board  of  health,  41. 

for  state  commissioner,  horticulture,  47. 

for  state   hospitals,   43. 

for  state  library,   41. 

for  state  mining  bureau,   43. 

tor  state  printing  office,  41. 

for  state  prisons,  44. 

for  state  reform  schools,  44. 

for  state   treasurer's   office,    38. 

for  state  veterinarian,  47. 

for  superintendent     public     instruction, 
39. 

for  surveyor-general's    office,    39. 

for  University  of  California,  45. 

for  Veterans'    Home,    47. 

for  veterinarian,   state,   47. 

for  Whittier  Reform  School,  45. 

Arbitration,    state    board    of,    appropriation, 

appointment    and    duties.    .''iO-.tI. 

Architects.       See     tits.     Architecture,     State 

Board;  Public  Buildings;  Public 

"Works. 

Architecture,    state    board    of,    appointment, 

powers,  etc.,   51-55. 
Archives,    state,    providing   burglar   and    fire 
proof  vault   for,   1241. 

keeper  of  archives,   1242. 

secretary  of  state,  duties  of  as  to  vault, 
1241. 

See    tits.    Secretary   of   State;    State    Ar- 
chives. 
Artesian  wells,  regulation  of  flow  from,   55. 
Art    galleries,    libraries,    etc.,    societies    for, 
powers,  etc.,   55-58. 

gifts  and  donations  to,   55. 
Asia.      See    tit.    Telegraphic    Communication. 
Asiatics.      Certain    statutes   repealed    (note), 
59. 

See  tits.  Importation  of  Women;  Prosti- 
tution. 
Assembly  districts,   dividing   state   into  leg- 
islative districts,    667. 

halls,  cities  authorized  to  erect,  916. 


Assessor,  County,  duties  and  compensation 
of    (§§  148,    215),    226,    333. 

Associated  Veterans,  authorizing  exchange 
of  lands   by,   59. 

Ass.ociations.  See  tits.  Agricultural  Dis- 
tricts; Art  Galleries;  Building 
and   Loan   Commissioners. 

Associations.  See  tit.  Art  Galleries,  Libra- 
ries,  etc. 

Asylums,    orphan    (note),    1025. 

Attendance  officer.  See  tit.  Educational 
Rights  of  Children  (§  4). 

Attorney-general,  duties  of  respecting  erec- 
tion of  public  buildings,   1094. 
library   for,    60. 

Attorneys.  See  tits.  Attorney's  fees.  Fore- 
closure;   Prosecuting  Attorneys. 

Auditor   of  county,   general  duties  of,   218. 
.See  tit.  Fees  and  Salaries.- 

Badge.  See  tits.  Grand  Army,  Badge; 
Slieriff's  Badges. 

Balloting  macliines,  creating  state  commis- 
sion   for    examination    of,    61-64. 

Bank    commissioners,    appointment,    powers 
and  duties,   65-73. 
duties  as  to  corporation  executor    (§§  8- 
14,   18),    171. 

Bank  deposits,  w^ithdrawal  of  by  surviving 
husband,  wife,  etc.,  440. 

Banks  and  banking.  See  tits.  State  Moneys; 
Deposits. 

Banks,   savings,   interest,   73. 

Bay  of  Monterey.     See  tit.  Monterey  City. 

Bee-culture.     See  tit.  Apiaries. 

Bee-keeping,  San  Bernardino,  regulating 
and  protecting  bee-keeping  in 
San   Bernardino,   1173. 

Benicia,   city  of.   ceding  land   to,   74. 
See  tit.  Municipal  Corporations. 

Bicycles,  tricycles,  etc.,  license  for,  75. 

Big    Tree    Groves,    in    Fresno,    Tulare,    Kern 
Counties,   77. 
Yosemite.  77. 

Blindness  of  infants,  regulating  practice  of 
physicians,   78. 

Blue  book,   preparation  and  contents   of,   79. 

Blue  cranes,  to  prevent  destruction  of 
(note),  79,  343. 

B'nia  Brith.     See  tit.  Corporations,  note. 

Board    of    examiners.      See    tits.    Optometry; 
Osteopathy, 
of  river  control.     See  Sacramento  drain- 
age district   (§  10),  384. 
of  trade,  formation  of,  110. 

Boards.     See  tit.  State  Boards. 

Boards  of  education,  duties  in  publishing 
state  series  of  school  books, 
1225,   1228. 

Bonds,  cities  and  towns  may  issue  for  park3, 
etc.,   962. 
See  tits.  Parks  and  Boulevards;  Protec- 

tection   from   Overflow, 
county  and  state  officials,  premiums  for, 

a  county  or  state  charge,  80. 
for   levee  districts,    685. 
guardian,  trustee,  etc.,  premiums  or  cost 
for,  a  charge  against  estate,  80. 
In  actions  for  libel  and  slander.   6SS. 
Interest.      See   University    of    California, 

1452. 
municipal,     cities     authorized     to     fund 
debts,  918. 


INDEX. 


1409 


Bonds — Continued. 

See  local  improvement  bonds,  947. 
See     municipal     improvements,     934, 

938,   940. 
special  improvement  tax,   941. 
"Local    Improvement    Act    of    1901," 

942. 
See    tits.    School    Bonds;    Street    Im- 
provement   Bonds;    Reclamation 
•  Districts, 

required    by    law    to    facilitate    giving 

(note),    80. 
See    tit.    Bonds,    County    and    State    Offi- 
cials, 
of    state.       See     tit.     Ferry    Depot,     San 

Francisco, 
validity    of,    actions    to    determine.      See 
Drainage  Districts    (58),   405. 
Booms,     franchises     for,     supervisors     may 

grant,    80. 
Bottles,   siphons,  kegs,  etc.,  to  protect  own- 
ers of  trade-marks,  1419. 
Boulevards.     See  tit.  Parks  and  Boulevards. 
Boundaries,    cities   and    towns.      See   Munici- 
pal    Corporations,     Boundaries, 
918,  922,   924. 
Boundary.     See  tit.  State  Boundary,  Eastern. 
Bounties,   coyote   scalps.      See   tits.    Animals, 
Wild;    State    of    California,    Ac- 
tions Against. 
Brands.     See  tit.  Cheese. 
Breakwater.     See  tit.  Humboldt  Bay. 
Bridges,  across  navigable  streams,  swamps, 

estuaries,  etc.,  81,  82. 
Bridges.      See    tits.    Feather    River    Bridge; 
Roads   and   Highways;   San   An- 
tonio Creek. 
Bristle  bur,  prohibiting  use  of,   21. 

See   tit.   Animals,   Cruelty  to. 
Building   and    loan    commissioners,    creating? 
bureau,    powers   and   duties,    83- 
89. 
Buoys  and  beacons,  injuries  to,  punisliment, 

89. 
Bureau       of       identification,       appointment, 
duties,    etc.,    163. 
duties   to   sheriffs,   165. 

of  labor  statistics.     See  labor  statistics, 
reports  to  be  publislied,  616. 
Burial   permits,    registration    of  deaths,   dis- 
interment permits,  etc.,  90-96. 
Butter,   certain   license  required,  97. 
deception  forbidden,  97. 
weight  of  packages,  marking,  96,  97. 
Butter    and    cheese.       See    tit.     State    Dairy 

Bureau. 
California    Agricultural    Society,    appropria- 
tion  for,    100. 
construction   of   buildings,    etc.,    101. 
payment  of  debts,  103. 
pool-selling,  etc.,  prohibited,  102. 
California  Pioneers.     See  tit.  Historic  Prop- 
erty, 
act   relating   to   purchase   by   of  Sonoma 
pueblo  lands,  1249,  1251. 
California    Polytechnic    School,    in    San   Luis 

Obispo   County,   99. 
California  Redwood   Park.      See   tits.   Parks, 

Public;    Park    Commissioners. 
California    state    miners'    hospital    and    asy- 
lum.      See    tit.     State    Hospital, 
Miners'. 


Cahrornia  "Volunteers,  revision  of  records  of, 

104. 
Candidates    for    office,    to    prohibit    pledging 

of,  104. 
Cattle,  swine,  etc.,  duties  to,  of  carriers,  154. 
Cemeteries.      See   tits.   Burial,    Disinterment; 
Coroners;    Cremation, 
deeds  by  cemetery  corporations,  105. 
exemption   from   tax,   108. 
exhumations,   505. 

See  tits.  Health,  Public;  Municipal  Cor- 
porations, 
municipal  corporations,   cemeteries,   915. 
prohibiting   defacing,    etc.,    of   stones    or 

buildings,   107. 
rural,  authorizing  incorporation  of,   105. 
Census.       See     tit.     Municipal     Corporations, 

915. 
Cereal   crops.     See  tit.  Agriculture. 

appropriation    for   improvement    of,    9. 
Certificates.      See    tits.    Public    Accountants; 
School -Teachers. 
of   death,   etc.      See   tits.    Burial   Permits 

(§  6) ;   Coroners. 
of  sale,  see  taxation,  validating  certifi- 
cates,  1384. 
state  lands,  relating  to  lands  sold  prior 
to  1872,  621. 
Chambers  of  commerce,  formation  of,  110. 
Cliange    of    name,    note    of   required    in    con- 
veyances,   992. 
Caarities     and     corrections,     creating     state 
board  of,  111. 
may  issue  compulsory  process,  112. 
reports  of  to  legislature,  112. 
Charters,    municipal.       See    tits.    Freeholder 
Elections;     Municipal     Corpora- 
tions. 
Chattel    mortgages,    fixing    rate    of    interest 

in,  113. 
Chattels,   regulating  loans  upon,   175. 
Clieese,     defining     grades     and     prescribing 

brands,    114. 
Cheese    and    butter.       See    tit.     State    Dairy 

Bureau. 
Children.      See   tits.   Apprentice   and  Master; 
Blindness  of  Infants, 
abandoned,     providing     for     protection, 

treatment,  etc.,  of,   115. 
adoption   of   (note),   4. 
care  of  feeble-minded   (note),  132. 
deaf,    dumb,     blind.       See    tit.     Parental 

Schools   (§  10). 
educational    rights    of'   (and    see    §  5    of 

preceding    statute),    125. 
employment   of  in   agricultural   pursuits 

(§  5),  124,  125. 
employment  of  under  certain  ages,   122. 
employment  of  illiterate,  prohibited,  122. 
guaruians   for  orplians    (note),  133. 
minors.     See  tits.  Preston  School;  Whit- 
tier  School, 
prevention  of  wrongs  to  (note),  133. 
probation   officer,   118. 
regulating  hours  of  labor,   etc.,   122. 
sale  of  liquor  to    (note),   132. 
selling    of    cliildren    prohibited     (note), 

133. 
societies    for    prevention    of    cruelty    to, 

132. 
still-born.     See  Burial   Permits    (§  5). 
China  Basin,  relating  to  lease  of,  1097. 


ISOO 


INDEX. 


City    justice    or    recorder,    forbidding    pay- 
ment of  fees  from  county  funds, 
446. 
Classification  of  counties  for  purpose  of  fix- 
ing    compensation      of      officers 
(§§ 157-214),    227-332. 
See  tit.  Fees  and  Salaries. 
Clear  Lake,   declared  navigable,   134. 
Clerk  fees,  civil  actions,  see  Law  Libraries, 

663. 
Coal  mines,  protection  of  miners  in,  134. 
Code    commission    for    revising,    systematiz- 
ing and  reforming  the  laws  of 
the  state,  135. 
Collateral     inheritance     tax,     establishment 
and   collection   of,    138. 
safe  deposits,  etc.    (§  13). 
state  controller's  duties   (§§  13,  19). 
College    of   Agriculture.      See   University    of 
California,    1436. 
of   Arts.      See   University    of    California, 

Organic  Act,   1436. 
of   California.      See   University    of    Cali- 
fornia   (§§7-9),    1437. 
of  Letters.     See  University  of  California, 

Organic  Act,  1436. 
of  Medicine.     See  University  of  Califor- 
nia,   1436. 
Colleges,   land   donations,   expressing  assent 

to  act  of  Congress,   148. 
Colton   Hall,   board   of   trustees   for,   duties, 

etc.,  151. 
Colusa      County,      boundary      between      and 

Glenn,  500. 
Commissioner.       See     tit.     Debris     Commis- 
sioner;     Sacramento     Drainage 
District. 
Commissioner     of     public    works.       See     tit. 
Public   T\'orkS,    Commissioner, 
appropriation  for  work  of,   1100. 
auditing  bond,  1099. 

other  statutes  not  affected  by  this,  1102. 
rights  of  way  may  be  condemned,  1101. 
rivers  and  streams  to  be  improved,  1100. 
supplies,   how  contracted  for,  1100. 
vacancy  in  office,  how  filled,  1102. 
Commissioner  of  transportation,  charges  by, 

powers  and  duties,  152. 
Commissioners.       See    tits.    Parole    Commis- 
sioners;    Park     Commissioners; 
Taxation,    System    of. 
street,    duties    in    cities    of    over    40,000, 
1345-1348. 
Condemnation     of    land,    streets.       See    tits. 
Street        Improvement;        Street 
Law,  Serial  Bonds. 
Congressional     districts,     division     of     state 

into,   156. 
Conspiracy,    limiting    the    meaning    of    the 

word,  438. 
Constables  and  marshals,   fees  that  may  be 

charged  by,  450. 
Constables,    for   fees   of.      See   tit.    Fees    and 

Salaries. 
Constitution    of    California,    convention    for 
framing  of,  157. 
submission    of  amendments    (note),    162. 
Contagious  diseases.     See  tit.  Animals. 
appropriation  to  prevent,   507. 
to    prevent    introduction    of    into    state, 

506. 
A'accination,    507. 
See  tit.   Health,   Public. 


Contracts.  See  tit.  Labor  Contracts,  by 
state  officers,  confirming  leases 
and  other  contracts,  1290. 

confirming  contracts  of  public  officers, 
1097. 

See  tits.  Bonds;  Candidates;  Public 
Buildings;  Public  Property; 
"Wages. 

See  tit.  Labor  Contracts. 
Controller   of  state,   as   to   collateral   inheri- 
tance tax  (§§13,  19),  138. 

duties  as  to  wine  labels,  1491. 

expert  for  authorized,   162. 
Conveyances   by  cemetery  corporations,  105. 

cemeteries,  lots  in  inalienable  after  in- 
terment,  108. 

change  of  name  of  grantor  to  be  noted 
in,    992. 
Conveyances,  real  estate,  by  officers,  manner 
of    recording,    162. 

change  of  name  of  grantors   (note),  162. 
Convicts,    identification    of.      See    bureau    of 
identification,  163. 

prison   wardens   to   inform   sheriffs,    165. 
Co-operative       Associations,       incorporation 

and   management    (note),    165. 
Copyright.      See   tit.    School   Books,   Compil- 
ing. 
Coroner,    county,    general    duties    of    (§  142), 
225. 

fees  that  may  be  charged  by,  452. 

post  mortems,  etc.   (note),  186. 

See   tits.   Burial   Permits;   Disinterment; 
Fees  and  Salaries. 
Corporations,     co-operative    associations    as 
(note),   165. 

foreign  insurance,  tax,  186. 

foreign    (note),  174. 

general   note   upon,   185. 

insolvency  of,   1S6. 

life,  accident  insurance   (note),  179. 

may  act  as  executor  or  trustee,  169. 

mining,  186. 

mutual  benefit   (note),   178. 

mutual  life,  incorporation  and  manage- 
ment of,  179. 

Mutual  Life   of  New   York,    175. 

regulating  loans  upon  chattels,  175. 

reports  for  protection  of  stockholders 
and    otliers,    184. 

rights  and  wages  of  employees  (note), 
186. 

See  tits.  Banks  and  Banking;  Bank 
Commissioner  Act;  Building 
and   Loan   Commissioners. 

See  county  fire  insurance  companies, 
165. 

See    fire,    prevention    of. 

words     "trust,"     "company,"     etc.,     pro- 
hibited except  to  certain,  173. 
Costs,    civil    actions,    allowed    persons    other 
than    officers,    187. 

See   tit.   Law  Libraries,   663. 
Counties.      See    tits.    Agricultural    Districts; 
Congressional   Districts. 

claims  of  against  state,  187. 

gifts,  bequests,   etc.,  to,  495. 

payment  of  judgments  against,   953. 
Counties,    new,     providing    for    transfer    of 
funds   to,  187. 

service  of  process  in,  188. 

See  tit.  Glenn  County. 


INDEX. 


County    auditor,    g-eneral    duties    of    (§  109), 
218. 

See  tit.  Fees  and  Salaries. 
County     boards,     horticulture,     powers     and 
duties  of,  515-517. 

boards    of    health,    duties    as    to    mater- 
nity  hospitals,    homes    for   chil- 
dren,  etc.,   524. 
.    bonds,    funding   bonds,    etc.    (note),    188. 

boundaries   (note),  188. 
County  clerk,  duties,  fees,  etc.   (note),  189. 

duties  respecting  burial  of  ex-Union 
sailors  and  soldiers,  1161. 

g-eneral  duties  of   (§107),   218. 

See  tit.  Fees  and  Salaries. 

no  charge  for  affidavit  of  pension  claim- 
ants,  1031. 

library  fee,    663. 

See  tit.  Collateral  Inheritance  Tax  (§§  19, 
24). 
County    coroner,    general    duties    of    (§  142), 
225. 

See  tit.  Fees  and  Salaries. 
County   exhibits,  authorizing  supervisors  to 

display  products,  189. 
County  fire   insurance   corporations,   organi- 
zation and  management  of,  165. 
special  character  of  policies,  167. 
County     government,      classification,     ■when 
county  divided,   337. 

fees  and  salaries  of  county  and  town 
ship  officers.  See  tit.  Fees  and 
Salaries. 

matrons  for  jails   (§  21414),  332. 

notes  of  decisions,  338-341. 

relating   to   new  counties    (§  231),    337. 
County  government,  general  law. 

accounts  of  officers,  auditing,  197. 

appropriations   for   forests    (§  331^),    206. 

attachment  for  w^itnesses  w^ho  fail  to 
attend,   205. 

board  of  supervisors  for  each  county, 
193. 

bonds  of  county  officers,   212. 

books  to  be  kept  by  supervisors,  194. 

boulevards,   establishment   of,   203. 

burial  of  indigent  dead,  202. 

canvass   of  election   returns,    206. 

cattle   diseases,   prevention  of,    203. 

claims,   form    for,    208. 

claims  of  county  officers,  action  upon, 
207,   208. 

claims  presented  by  supervisors,  action 
upon,    209. 

claims,  unlawful  allowance  of,  190. 

classification  of  counties,  191. 

clerk  of  supervisors,   duties    (§   20),   193. 

committees,  powers  of   (§  30),   204. 

conduct  of  officers,  grand  jury,  190. 

contracting  debts,   limits   upon,    206. 

contracts,  when  void,  190. 

costs  in  criminal  cases  upon  removal  of 
cause,    337. 
conviction      for      receiving      Illegal, 
office  declared  vacant,   336. 

counties  are  bodies  corporate  and  pol- 
itic   (§  1),    189. 

county  assesser  to  report  to,  209. 

county  buildings,  plans  for,  207. 

county  clerk,  bond  of,  212. 

is   clerk  for   supervisors    (§  19),    193. 

county  supplies,  purchase  of,  201. 


destruction  of  wild  animals,  202. 

dogs,  to  prevent  injuries  by,   202. 

duty  of  superior  judge  as  to  grand  jury, 
190. 

duties  of  supervisors  as  to  public 
health,   200. 

election  of  chairman  of  supervisors 
(§18),    193. 

explosives,  to  regulate  storing  of,  202. 

fees  and  salaries  of  county  and  town- 
ship   officers,    counties    of   the — 


1st 

class 

(§158) 

,   231. 

2d 

class 

§159) 

231. 

3d 

class 

§160) 

238. 

4th 

class   ( 

§161) 

243. 

5th 

class   ( 

§  162) 

245. 

6th 

class    ( 

§163) 

249. 

7th 

class    ( 

§  164) 

251. 

8tn 

class    ( 

§165) 

254. 

9th 

class    ( 

§  166), 

256. 

10th 

class    ( 

§  167) 

258. 

11th 

class    ( 

§  168) 

261. 

12th 

class    ( 

§169), 

265. 

13th 

class    ( 

§  170) 

266. 

14th 

class 

§171) 

269. 

15th 

class    ( 

§  172) 

270. 

16th 

class    ( 

§173) 

271. 

17th 

class    ( 

§174) 

273. 

18  th 

class    ( 

§175) 

275. 

19th 

cldss    ( 

§176) 

277. 

20th 

class 

§177) 

280. 

21st 

class 

(§178) 

282. 

22d 

class 

§179) 

284. 

23d 

class 

[§1S0) 

288. 

24th 

class 

§181) 

289. 

25th 

class    ( 

§182) 

290. 

26th 

class    ( 

§  183) 

290. 

27th 

class 

§184) 

293. 

2Sth 

class 

§  185) 

294. 

29th 

class 

§186) 

2a6. 

30th 

class 

§187) 

297. 

31st 

class 

(§188) 

,    299. 

32d 

class 

(§189) 

301. 

S3d 

class 

(§  190) 

303. 

34th 

class 

§191) 

305. 

35th 

class 

§192) 

307. 

36th 

class 

§193) 

308. 

37th 

class 

§  194) 

309. 

38th 

class 

§  195) 

310. 

S9th 

class 

§  196) 

313. 

40th 

class 

§197) 

314. 

41st 

class 

(§ 198) 

,   316. 

42d 

class 

(§  199) 

317. 

43d 

class 

(§200) 

319. 

44th 

class 

§  201) 

320. 

45th 

class 

§  202) 

321. 

46  th 

class 

§  203) 

322. 

47th 

class 

§  204) 

322. 

48th 

class 

§  205) 

324. 

49th 

class 

§  206) 

325. 

50th 

class 

§207) 

326. 

51st 

class 

(§  208) 

326. 

52d 

class 

(§  209) 

328. 

53d 

class 

§  210) 

328. 

54th 

class 

§211) 

329, 

55th 

class 

§  212) 

330. 

56th 

class 

§  213) 

331. 

57th 

class 

§214) 

332. 

fees   and   salaries  here   provided   are   In 
full    compensation   for   all   serv- 
ices   (§  215),   333. 
Justices  of  the  peace  and  constables 
must  post  statement  of,  336. 


1502 


INDEX. 


County   Government — Continued. 

financial     statements     to     be     published 

semiannually,  201. 
furnish    information    to    State    Agricul- 
tural Society  (§  66a),  212. 
general     permanent    powers     of    super- 
visors   (§  25),  195. 
governor    may    appoint    county     super- 
visor, when   (§  17),  193. 
great   register   and  poll-lists,   206. 
health    officer   for   towns,    200. 
immigration,  promotion  of,  202. 
levy  of  taxes,  proceedings  for,  209. 
licenses     and     franchises,     applications 
transferred    to    superior    court, 
208. 
licenses     and     franchises,     granting     of, 

201,   202. 
loan  of  credit  prohibited   (§  5),  190. 
maintaining  of  pounds,   200. 
meeting   of    supervisors    (§§  22,    23),    194. 
meeting    of    supervisors,    public     (§  24), 

195. 
neglect  of  duty,  penalty,  209. 
no  fees  in  habeas  corpus,  336. 
notice  of  condition  of  treasury,  190. 
notice  of  proceedings,  posting  of,  209. 
noxious   weeds,   destruction    of,    202. 
ordinances,   enacting   claus«   of,    204. 
ordinances,    how  authenticated,   194. 
ordinances,  referendum  (§13),  192. 
powers   of  counties    (§  4),   190. 
preservation  of  banks  of  streams,  203. 
prisoners,  working  of,   202. 
records  of  county  business,   194. 
refunding  indebtedness,  197. 
removal  Oi.  county  seat,  192. 
roads,  etc.,  improvement  of,  203. 
seal  of  board  of  supervisors,   201. 
sheriff  to  attend  meetings  of  and  serve 
process    for    supervisors    (§  27), 
204. 
special    meetings    of    supervisors    (§  23), 

194. 
streams,  powers  as  to,  209. 
subpoenas   for   witnesses    (§  28),    204. 
supervisor  districts,   change   of,  193. 
tax  to  be  levied  for  roads,   203. 
trees    on    roads,    encouragement    of,    203. 
vacancy    in    board    of    supervisors,    ap- 
pointment to,  193. 
wagon  tires,  to  regulate  size  of,  202. 
warrants    upon    treasurer,    contents    of, 

208 
what   are  county  charges   (§  228),   336. 
witnesses  refusing  to  attend,  205,  206. 
County    hospitals.       See    tit.    Indigent    per- 
sons  (§  5),  530. 
County  jails.  '-"-'  +  ron  for  in  certain  counties 

(§3141/2),     332. 
County  officers   (note),  1012. 
bonds  of  (§  66),  212. 
deputies  to  be  paid  from  salary  of  pr.n- 

cipal    (§  215),   333. 
designation   of    (§  54),    210. 
fees  payable  in  advance  (§  222),  335. 
general     provisions     as     to     duties      of 

(§§ 148-156),   226-227. 
salaries,     when     payable     (§§  156,     220), 

227,  335. 
See  tit.  Fees  and  Salaries. 


to  pay  fees   received   into  county  treas- 
ury   (§  216),    334. 
to   give  receipts    (§223),   336. 
County    produce,    sales,    regulating   sales    on 
water      front,      San      Francisco, 
1181. 
County  property,  inventories  to  be  made  01. 

See  tit.   Public  Property. 
County  recorder,  general  duties  of,   220. 

See  tit.  Fees  and  Salaries. 
County    roads.      See    tit.    Roads    and    Higli- 

ways.  Protection  of. 
County  seats   (note),  342. 
County     supervisors     may     procure     insects 

beneficial  to  horticulture,   515. 
County   surveyor,   general   duties   of    (§  135), 
224. 
See  tit.   Fees  and  Salaries. 
County    treasurer,    general    duties    of,    213. 
See    tits.    Fees    and    Salaries;    Collateral 
Inheritance  Tax   (§§  14-25). 
Court    commissioners,     legalizing    acknowl- 
edgments before,   3. 
Court,  records,  transfer  of  former  courts  to 

superior   courts,   1131. 
Courts,  county  and  district,  transfer  of  rec- 
ords of  to  superior  courts,  1131. 
in  cities  over  ten  thousand,  92S. 
powers     and     duties     as     to     abandoned 

children,    115. 
probation   officers,    118. 

restriction  upon  as  to  saloon  accounts,  2. 
records  of  transfer  of  former  records  to 
superior  courts,  341. 
Coyote   scalp   bounty,   actions   against   state 

for,    authorized,    1271. 
Coyote   scalps    (note),    343. 
Cranes,    to    prevent    destruction    of     (note), 

343. 
Cremation.     See  tit.  Burial  Permits, 
of  certain   bodies   authorized,   109. 
disinterment   of    bodies,    110. 
Crescent  City,  ceding  water  front  to,   344. 
Criminal  causes,   costs   on  removal   for   trial 

(note),    344. 
Cruelty.     See   tits.  Animals;   Children. 
Cruelty  to  children  prohibited   (note),  133. 

societies  for  prevention  of,  132. 
Currency    of   United    States.      See    tit.    Legal 

Tender  Notes. 
Dairies,  providing  for  inspection  of,  344. 

See,  also,  tit.   State  Dairy  Bureau. 
Dairy   bureau.      See   tits.   Renovated   Butter; 
State      Dairy      Bureau;       Dairy 
Products. 
Dairy  cattle,  disef"=ps  ar^onp-.   inspection  of, 
etc.     (§§  5,    10),    351. 
same   (§  9),   351. 
Dairy    products,    adulterated,    prohibited    in 
state   institutions,   1275. 
duties   of  district   attorneys  as   to,   1276. 
penalties  for  adulterations   of,   1275. 
to    prevent    sale    of    unwholesome    prod- 
ucts,  347. 
statistics    of    production,    350. 
See    tits.    Butter,    Cheese;     State    Dairy 
Bureau. 
Day  of  rest,   laborers  entitled   to,   351. 

penalty  for  violations   (§  3),  352. 
Dead  bodies.     See  tit.  Burial  Permits. 
Deaf,  dumb  and  blind,   gifts  to,   358. 
industrial   home  for  adults,   352. 


INDEX. 


Debris   commissioner,    appointment    and    du- 
ties  of,    358. 
lands    acquired    by.    in    name    of   United 

States.    360. 
appropriation   for,   361. 
Delinquent    taxes,    actions    to    recover,    form 
of    complaint,    1376. 
cities  or  counties  may  sue  in  own  name, 
1382. 
Delinquent     children.        See      tit.      Children, 

Abandoned. 
Dental    surgery.      See    tit.    Dentistry. 
Dentistry,     practice     of,     meaning    of    term 
(§15),    366. 
state   board    of,    361. 
to  insure  education  in,  361. 
Dependent  poor.      See  tit.   Indigent   Persons. 
Depositaries   of  money.     See   tit.   Banks  and 

Banking. 
Deserts,    guide-posts,    providing    for.    502. 
Diphtheria.     See  tit.   State  Board  of  Health. 
Diplomas.      See   tit.   School-Teachers. 
Disincorporation  of  cities,  relating  to  cities 
of   sixth   class.    989. 
See    tit.    Municipal    Corporations. 
Disincorporation   of  municipal   corporations, 

929. 
Disinfection    of    Imported    trees,    vegetables, 

and   vines    (§  3),    518. 
Disinterment    of    human    remains,    permits, 
90-96. 
See    tit.    Coroners. 
District    attorney,    duties    as    to    collateral 
inheritance   tax,   1374. 
duty   of   as    to    dairies    (§  9),    346. 
same    (§11).    351. 
duty  as  to  dairy  products,   1276. 
duties   as   to   indigent   poor    (§  7),    531. 
general    duties    of    (§132),    223. 
See  tit.   Fees  and   Salaries, 
duties   as  to   license   tax.    694. 
duties    as   to   nuisances,    369. 
qualifications   for   office   of,    210. 
Districts,    legislative.      See    tit.    Legislature 

of   California. 
Ditches,  water.     See  tit.  Water  Ditches  and 

and    Flumes. 
Division    fences,     cities,     regulating    height 
of,    453. 
See   tit.    Fences. 
Dogs,  sheep-killing  (note),  b69. 
Domestic    animals,    meaning    of.    in    matters 

of    quarantine.    1107. 
Donations,  gifts.     See  tits.  Deaf,  Dumb,  and 
Blind;      Gifts     to     Public     Use; 
State   of   California    (note).    369. 
Downieville,   town.      See  tit.   Municipal   Cor- 
porations. 
Drainage    districts,    boundaries    remain    un- 
changed       (§  14).        Sacramento 
drainage    di.strict,    384. 
Drain? ge,    lands,    to    promote    drainage,    370. 
state   fund,   transfer    of,    372. 
district    number    one    fund,    transfer    of, 

district    number    five    fund,    transfer    of, 
373. 
Drainage,   lands   other  than   swamp,   actions 
for    validating    bonds,    405. 
bonds    of,    general    provisions,    390. 
condemnation    proceedings    by,    407. 
elections    in,    395. 
exclusion    of    lands    from,    407. 


inclusion    of    lands.    410. 
organization,    powers,    etc.,    390. 
reduction    of    bonded    indebtedness,    412. 
Drainage,      Sacramento      district,      election, 
powers,    duties    of    officers,    374. 
Drainage,       swamp       lands.        organization, 
powers,    etc.,    of,    414. 
lands    of    state,    swamp,    629. 
lands,    swamp    and    overflowed,    630. 
supervisors,    duties    as    to.    414. 
swamp-land    district    funds.    630. 
treasurer,    duties   as    to,    416. 
Drugs,    adulteration    of    (note),    5. 

See    tit.    Animals. 
Drug   stores.      See   tits.   Adulteration,    Foods 
and    Waters;     Pharmacy, 
hours    of    labor,    to    regulate    work    and 
hours    of    employees    in,    417. 
Drugs,     poisons,     regulating     sale     of     (two 
statutes),   1033,  1038. 
sale   of  in   rural   districts,    1044. 
Drunkenness.       See    tits.*  Intoxicating    Liq- 
uors;   Officers,    Intoxication    of. 
Dynamite.      See    tit.    Explosives. 
East  Park,   Sacramento,   protection  of  prop- 
erty  at,   1029. 
See   tit.    Public   Parks. 
Educational    rights    of    children,    duties    of 
guardians    and    others,    125. 
parental    schools,    127-131. 
Eel    River,    appropriation    to    protect    banks 
of,    420. 
to    regulate    salmon    fishing   in,    472. 
Eight-hour     law.       See     tits.     Drug     Stores, 
Hours    of   Labor;    Public    Build- 
ings,   Public   Works. 
Election    days,    liquors    (note),    558. 
Elections,    days    of    may    be    declared    holi- 
days,   513. 
concerning    special    elections,    421. 
elections,    purity    of,    421-428. 
fraudulent  voting  at   (§  2S),   434. 
other  prohibited  acts   (§§  20-32),   430-434. 
freeholder.     See  tit.  Municipal  Corpora- 
tions. 
Electricity.      See    tit.    Railroads. 
El  Monte,  town  of.     See  tit.  Municipal  Cor- 
porations. 
Emigrants,  to  promote  emigration  from  the 

state,    437. 
Employers     and     employees,     limiting     the 
word    "conspiracy,"    438. 
injunctions,    etc..   by,    438. 
See    tit.    Arbitration — State    Board. 
Employment     agents,     defining     duties     and 

liabilities    of,    438. 
Employment    of    illiterate    children    prohib- 
ited,  122. 
Endowments.       See    tit.    Art    Galleries,     Li- 
braries, Etc. 
Escapes    from    prisons,    schools,    etc.    (note), 

440. 
Estate,    property,    definition.       See    tit.    Col- 
lateral   Inheritance    Tax    (§  28). 
Estates  of  deceased  persons,   withdrawal   of 

deposits    in    bank,    440. 
Estray   animals,    taking   up,    and    lien   upon, 
21. 
(note),    441. 
Exclusion   of  territory.     See   tits.   Irrigation 
Districts;      Municipal     Corpora- 
tions,   Boundarfes. 


1504 


INDQX. 


Executors,    corporations    to   act   as,    169. 
Explosives,      dynamite.      restrictions      upon 

storing     and     handling,     441. 
Ex-Union   soldiers,   as   peddlers,    license   for, 

443. 
Factories   and    workshops,    sanitary   regula- 
tions   for,    444. 
False    Bay,    San    Diego,    use    of    tide-waters 

of,    445. 
Farm,    state.      See    tit.    University,    Agricul- 
tural   Farm. 
Farmers'    institutes,    authorizing    university 
regents  to  hold    (two   statutes), 
1433,    1434. 
Feather     River     bridge,     declared     a     free 

bridge,    446. 
Fees,  city  justice,   forbidding  payment  from 
county   funds.    446. 
civil  actions.     See  Law  Libraries,  663. 
county  clerk.     See  Law  Libraries,  663. 
county    and    township,   to    establish,    for 
officers,    jurors,    and    witnesses, 
447-451. 
none   for    certain    services,    453. 
San    Francisco,    repeal    of    act     (Stats. 
1S66),    446. 
Fees    and    commissions,    statute    abolishing, 

for    collection    of    taxes,    447. 
Female   teachers,    schools.      See   tit.    Schools, 

Female    Teachers. 
Females,  as  superintendent  of  schools  (§54), 
210. 
as  matrons  for  jails,  711. 
Fences,    division,    cities,    regulating    height 
of,    453. 
lawful    (note),    455. 

leaving  open,  to  prevent  hunters.   454. 
not    required    on    tow-paths,    1406. 
tearing   down,    etc.,   to   prevent   hunters, 
455. 
Ferries,    on   streams    between   counties,    456. 
Ferry    depot.    San    Francisco,    issuance    of 

state  bonds   for,   456. 
Fiddletown.     See  tits.  Olita;  Municipal  Cor- 
porations. 
Final    process.      See    tit.    Process,    Counties, 

New. 
Fines,  forfeitures,  etc.,   see  commissioner  of 

transportation    (§  11),    154. 
Fire,    contiguous    owners,   duties    of   in   pre- 
venting,   462. 
civil  liability  for  permitting   (§18),   486. 
prevention     in     lumber     regions     (§  19), 

486. 
corporations    to    prevent    (note),    462. 
on     public     lands,      for     prevention     of 

destruction    of   forests,    462. 
See   tit.    Forestry,    State    Board   of. 
Fire     department,     towns,     maintenance     of 
by    unincorporated    towns.    463. 
Firemen,    insurance    fund,    provision    for    in 
cities.   467. 
pensions,    provisions    for    in    cities    and 

cities    and   counties,    466. 
vacation  for  paid  departments  in  cities, 
466. 
Fire    patrol,    underwriters    (note),    1430. 
Fiscal    year.      See    Municipal    Corporations, 

Fiscal   Year,    931. 
Fish    and    game.      See    tit.    Game. 

American    River,    removal    of    obstruc- 
tions,   471. 


Battle  Creek,  hatchery  at,   471. 
Eel   River,    regulating  fishing   in,    472. 
fish     commissioners.       See     Kerr's     Pol. 
Code,    §§332,    343,    369,    642,    643. 
fishways,  salmon,  473. 
game    birds,    importation    of,    474. 
gasolene  launch  for  commissioners,   474. 
Hat   Creek,    Pitt    River,    477. 
Lake    Bigler,    preservation    of    fish    in, 

471. 
Lake    Merritt,    preservation    of    fish    in, 

475. 
licenses,    for    regulation,    revenue,    476. 
Pitt    River,    to    remove    obstructions    in, 

477. 
salmon    hatchery,    providing   means    for, 

478. 
Sissons,  for  purchase  of  lands  at,  478. 
trials    for   violations    of   laws,    479. 
warden,    powers   and   duties   of,   479. 
Flag,  United  States,  to  prohibit  desecration 

of,    481. 
Flower,    state.      See    tit.    State   Flower. 
Flumes  and  ditches.     See  tit.  Water  Ditches 

and    Flumes. 
Folsom,  state  prison.     See  tit.   Rock  Crush- 
ing Plant, 
state    prisons     (note),    1300. 
Foods,    adulteration   of    (note),    5. 
Foods    and    drugs.      See    tits.    Adulteration; 
Health;   Honey, 
state   analyst    (note),    481. 
Foods   and   waters.     See   tits.   Adulteration; 

State    Analyst. 
Foreclosure.      See   tit.   Attorney   Fees. 
Foreign    corporations,    filing    of    articles    by 

(note).    174. 
Foreign   miner's   license    (note),    481. 
Forests,  fires  in,  for  prevention  of  destruc- 
tion   of    forest    lands,    462. 
See    tit.    Forestry,    State    Board    of,    482, 
486. 
Forest     reservations,     consent     of     state     to 

government    reservations,    482. 
Forestry,     state     board     of,     creating     fund, 
and      prescribing     powers     and 
duties   of,    482-486. 
prevention    of   fires    (§§14-19),    485. 
Forestry   stations.      See  University   of   Cali- 
fornia,  1450. 
Fort    Jones,    town    of.       See    tit.    Municipal 

Corporations. 
Fort   Ross.      See    tit.    Historic    Property. 
Franchises,    granting    of    by    counties,    487, 
488. 
by  municipalities,  beyond  limits  of,   491. 
for    bicycles.    491. 
for   paths   and   roads,    491. 
See  tit.  Tow-paths, 
general   provisions   concerning,    488. 
street     railroads,     not     to     be     granted 
witliin  ninety  days  before  elec- 
tions,   487. 
telephone,  etc.,  restrictions  upon  grant- 
ing,   488. 
Fraud,   to  prevent,   in   labeling  produce  and 
goods    (note),    612. 
See    tits.    Insolvency;    Lands,    Forfeit   to 
State. 
Freeholder     charters.       See     tit.     Municipal 
Corporations. 


INDBX. 


1509 


1 


Freeholder  elections,  for  municipal  cor- 
porations,   931. 

Fresno,  city  of.  See  tit.  Municipal  Cor- 
porations. 

Fresno,     county    boundaries.       See     tit.     San 
Benito    County. 
See    tit.    Boundaries. 

Fresno  County,  number  of  judg'es  for,  492, 
493. 

Fruit,  marks  and  brands,  to  provide  for 
labeling   boxes,    etc.,    493. 

Fruit  pests.  See  tit.  Horticulture,  Viti- 
culture. 

Fruit  trees,  importations,  provisions  for 
disinfection    of,    518. 

Funded  debt,  state.  See  tits.  State  Debts, 
State  Funds;  State  Loan  Com- 
missioners. 

Funding-  of  indebtedness.  See  tits.  Drainage 
Districts;  Irrigation  Districts; 
Municipal     Corporations. 

Funds,  county,  transfer  of  from  one  fund 
to  another,  subd.  18,  §  25,  Co. 
Gov.    Act,    200. 

Funds,  state.  See  tits.  State  Funds;  Swamp 
Land    Fund. 

Game.     See  tit.  Fish  and  Game,  471,  479. 

Gas  companies,  franchises  for  and  regula- 
tions of,  494. 

Gas,  consumers,  regulations  for  lodging- 
houses,  495. 

Gas  pipes.  See  tits.  Franchises;  Municipal 
Corporations. 

Gates  or  bars,  closing  at  railway  crossings 
(§4),  154. 

Geological  survey,  state,  provision  for  pre- 
serving material  acquired,  1279. 

Gifts.       See     municipal     corporations,     gifts, 

933. 

and    donations    to    Industrial    Home    for 

Adult    Deaf,    Dumb,    and    Blind, 

358. 

bequests,    etc.,    to    cities    or    to    counties 

permitted,  495. 
donations,  etc.,  for  art  galleries,  libra- 
ries, etc.,  55.  See  tits.  Art  Gal- 
leries; Law  Libraries;  Libraries, 
inmates  of  state  institutions  forbidden 
to  make  to  officers,  1013. 

Gilroy.     See  tit.  Municipal  Corporations. 

Glen  Ellen.  See  tit.  Children,  Feeble-Mind- 
ed. 

Glenn  County,  creating,  boundaries,  organi- 
zation, etc.,  496. 
boundary,  special  statute,  500. 

Goat  Island,  appointment  of  notary  public 
for,  1008. 

Goats,  to  pi-event  bucks  running  at  large 
(note),   500. 

Golden  City  Homestead  Association,  au- 
thorizing conveyance  of  lands 
to,   500. 

Golden  poppy.     See  tit.  State  Flower. 

Good  Templars  (note),  501. 

Governor,     certain     duties     of.       See     cereal 
crops,  appropriation,  9. 
appointment  by,  board   of  river  control, 
384. 
debris  commissioner,  358. 
dental  examiners,  362. 
forestry  board,  482. 
railroad  police,  155. 
Gen.   Laws — 95 


residence  for  (note),  501. 

rewards,    imposing    duties    upon    (note), 

501. 
stenographer  for,   501. 
See  tit.  Taxation,  System  of. 
Grand  Army,  badge,  to  prevent  unlawful  use 

of,   502. 
Grand  juries,   use  of  interpreters   by    (note), 
557. 
See  tit.  Interpreters. 
Grass    Valley.      See    tit.    Municipal    Corpora- 
tions. 
Gravel    beds.       See    municipal    corporations, 

934. 
Guide-posts,    appropriation    for    placing    in 

deserts,   502. 
Habeas  corpus,  no  fees  in,  336. 
Hair  cutting,   of  persons  convicted  of  crime 

(note),  503. 
Hastings  College  of  La^w.      See   tit.   Univer- 
sity of  California. 
Hat  Creek.     See  tit.  Fish  and  Game. 
Haywards,  town  of.     See  tit.  Municipal  Cor- 
porations. 
Healdsburg.       See     tit.     Municipal     Corpora- 
tions. 
Health,     county     boards     of,     duties     as     to 
maternity,      lying-in      hospitals, 
homes  for  children,  etc.,   524. 
employees.      See    tits.    Coal    Mines;    Fac- 
tories and  Workshops, 
plumbing,  powers  of  boards  of  health  as 

to,  504. 
public.      See    tits.    Burial;    Disinterment; 
State  Board  of  Health, 
protection    from    exhuming    of    dead 

bodies,  505. 
to  prevent  introduction  of  diseases, 

506,  507. 
vaccination  to  protect,  507. 
State  board  of.     See  tit.   State  Board   of 
Health. 
Health  officers,  county,  duties  as  to  hospit- 
als, homes  for  children,  etc.,  524. 
Hemp,    California    grown,    to    be    purchased 
for    manufacture   at    state    pris- 
ons, 1299. 
Hides,   cattle.     See  tit.   Animals,   Hides  of. 
High  schools,  bonds,  providing  for  registra- 
tion of,  1223. 
creating  fund  for,  509. 
districts  in  cities   (note),  509. 
legalizing   establishment   of,   509. 
meetings  of  boards,  509. 
Highways.      See   tits.   Roads  and   Highways; 

Street   Law. 
Historic  property.     See  tit.  Sonoma,  Town, 
providing  for  acquisition  by  state,  512. 
Hogs.      See  tits.   Animals;   Estrays;   Quaran- 
tine. 
Holidays,  autliorizing  county  and   municipal 

authorities   to  declare,   513. 
HoUister,   town    of.      See   tit.   Municipal   Cor- 
porations. 
Home  for  adult  blind.     See  tit.   Deaf,  Dumb, 

and  Blind. 
Homestead,    family,    alienation    and    encum- 
brance of  (note),  514. 
Homestead   associations.     See  tits.   Corpora- 
tions;   Golden    City    Homestead 
Association, 
homestead  corporations  (note),  514. 


1506 


INDEX. 


Homing  pigeons.     See  tit.  Antwerp  Messen- 
ger. 
Honey,  adulteration  of,  to  prohibit,  penalty, 

514. 
Hops,  fixing  rate  of  tare  on,  514. 
Hornitos,   town   of.      See   tit.   Municipal   Cor- 
porations. 
Horseless    vehicles.      See    tits.    Bicycles;    L#i- 

cense  Tax;  Paths;  Tricycles. 
Horticultural  commissioners,  county  boards, 
inspection       of       premises       by 
(§  62),    516. 
Horticulture,  appropriation  for  beneficial  in- 
sects, 515. 
names  of  trees,  etc.     See  tits.  Plants  and 

Vines;  Seeds;  Trees, 
protection    of,    prevention    of    injurious 
insects,  518. 
importations,     how    to    be     marked, 

518. 
See  tit.  Quarantine, 
state    board,    creation,    powers,    and    du- 
ties,  519-523. 
See  tits.  Disinfection;  Fruit  Trees;  Hor- 
ticultural    Commissioners;     In- 
sects; Vines. 
Hospital,     maternity,     licensing,     inspection, 
etc.,  524. 
state.     See  tit.  Insane,  Hospital  for. 
Hotels    and    lodging-houses.      See    tits.    Gas, 

Illuminating;    Lodging-Houses. 
Hours    of    labor.       See    tits.    Children;    Coal 
Mines;  Employer  and  Employee; 
Public  "Works, 
regulations  as  to  children,  122. 
to  regulate,   in  drug  stores,  417. 
See  tits.  Public  Buildings;  Public  Works. 
Hours    of    service,    police,    in    cities    of    first 
class    and    in    city    and    county, 
1061. 
House  of  Correction  (note),  525. 
Human  remains.     See  tit.  Burial  Permits. 
Humboldt  Bay,  breakwater  at,  526. 

granting    tide-lands    to    United    States, 

525. 
purchase  of  lands  at  by  state,  526. 
Humboldt  County,   superior  judges   for,   528. 
Hunting,  inclosed  property,  forbidding  leav- 
ing open  fences,  gates,  etc.,  454. 
private    property,    to    prevent    shooting 

or  injury  to  timber  on,   528. 
See  tits.   Fire;   Fences;  Inclosures. 
Idiots.     See  tit.  Children,  Feeble-Minded. 
Ill-fame,  houses  of.     See  tits.  Asiatics;  Mar- 
ried Women;  Prostitution. 
Illiterate  children,  employment  of  prohibit- 
ed, 122. 
Imitation  olive  oil,  to  regulate  sale  of,  1014. 
Improvement    bonds,    for    parks    and    boule- 
vards, 961. 
See  tit.  Parks  and  Bouvelards. 
Inclosed    property,    forbidding   leaving    open 
gates,   bars,   etc.,   454,   455. 
See  tits.  Fences;  Fire;  Hunting. 
Index  to   laws,  authorizing  preparation   and 

printing  of,  529. 
Indian  reservations.     See  tit.  Lands. 
Indians,   citizenship   of,   legislation   concern- 
ing  (note),  CXII,  529. 
Indigent    persons,    duties    of    district    attor- 
ney  (§  7),  531. 


providing  maintenance  and  support  for, 
529. 
Industrial    home   for   adult   deaf,   dumb,   and 
blind,  352. 
gifts  to,  358. 
(note),  358. 
Infants,    blindness,     regulating    practice     of 

pliysicians,  78. 
Infectious      diseases.        See      tits.      Animals; 
Healtii,  Public;  Quarantine, 
among  dairy  stock  (§  7),  346. 
same   (§9),   351. 
Inheritance  tax.      See   collateral    inheritance 

tax,  138. 
Innkeepers.     See  tits.  Children;  Gas;  Intoxi- 
cating Liquors;  Lodging-Houses. 
Injunction.      See   tits.      Employers   and   Em- 
ployees; Health;  Plumbing, 
limiting  employment  of  writ,   438. 
Insane  asylums   (note),  532. 
Insane  convicts,  hospital  for  at  Folsom  state 
prison,   1301,  1302. 
to    erect    hospital    for    at    Folsom,    1301, 

1302. 
restoration    of.      See    restoration    of    in- 
sane persons,  533. 
Insects,  beneficial,   to  procure,  protection   of 
horticulture,  515. 
injurious,     to    prevent    introduction    of, 

518. 
See  tits.  County  Government   (§  25,  subd. 
26);   Horticulture;   Paris   Green; 
University    of    California;    Viti- 
cultural  Commission. 
Insolvency,  535. 

assignees  in,  542. 

discharge   of  debtor,   550. 

fraudulent     preferences     and     transfers, 

552. 
involuntary  proceedings,  537. 
miscellaneous  provisions,  553. 
partnerships  and  corporations,   546. 
penal  clauses,  553. 
proof  of  debts,  547. 
Inspector,    of   apiaries.      See    tits.    Apriaries; 
Bee-Culture, 
of  dairies  and  factories,  344. 
See  also  tit.  State  Dairy  Bureau, 
of  fruit.     See  tit.  Marks  and  Brands, 
of   live   stock   may   be  appointed   by   su- 
pervisors,  210. 
of  weights   and   measures,   appointinent, 
duties  and  oath  of,  1474. 
supervisors   must  appoint,   1474. 
Insurance,  life,  accident,   etc.,  179. 
See   tit.   Police   Insurance   Fund, 
state  property,   non-insurance,   557. 
Insurance    commissioner.       See    tits.     Bonds 
Required  by  Law;  Corporations. 
Insurance   companies,   foreign,   as  to  license 

for   (note),   557. 
Insurance   fund   for  firemen   in   cities,    467. 
Interest,   banks,    savings,    73. 
chattel   mortgages,    175. 
regulating  for  loans  on  chattels,  175. 
Interest,  state   bonds.     See   tits.    State   Debt; 

LTniversity   of  California. 
Interest    and    sinking    fund.      See    tit.    State 

Funds. 
Interpreters,  before  grand  juries  (note),  557. 
Intoxicating     liquors,     accounts,     collections 
for.  2. 


INDE^X. 


1507 


Intoxicating-  liquors — Continued. 

proliibiting  sales  at  election    (note),  558. 
at  Mendocino  Hospital,   558. 
at    Soldiers'    Home,    559. 
to    children,    132. 
to  persons  addicted  to  use,  559. 
Intoxication,  of  officers,  relating  to  city  and 
county   officers,    1013. 
of  railroad   employees,   penalty,    155. 
Inventories.     See  tit.  Public  Property. 

to  be  made  of  public  property,  559. 
lone.     See  tit.  Municipal  Corporations;  Pres- 
ton School  of  Industry. 
Irrigation,     Los     Nietos,     regulation     of,     in 
township,    596. 
water      companies,      regulating      rental, 
sale   and   distribution    of   water, 
601. 
Irrigation    districts,    as   to   organization   and 
government,   559-58S. 
assessments,    equalization    of,    571. 
assessments,    special,   577. 
assessment   to   complete   works,    569. 
assessor,   duties   of,   570. 
bonded  debt,  reduction  of,  586. 
bonds,   destruction   of  unsold,   587. 
bonds,  issuing  of,  568. 
bonds,  redemption  of,  575. 
construction   of  vs^orks  of,   575. 
directors,    governing,    577. 
dissolution   of,   590. 
duties  and  powers  of  directors,   562. 
elections,  biennial,   564. 
election   on   organization,   561. 
equalization   of  assessments,   571. 
exclusion  of  assessments,  571. 
exclusion   of  land  from,  580. 
funding  bonds  of,  593. 
funds,  creation  of,  578. 
general  provisions  concerning,   579. 
governing  directors,  577. 
inclusion    of   lands   by,    583. 
incurring  indebtedness  by,  578. 
petition  to  supervisors,   560. 
publication  of  delinquent  notices,  572. 
sales  for  delinquent  taxes,  572. 
regulating  contracts   of,    589. 
saving  clauses,  588. 
taxation,   exemption   from,   578. 
taxes,   delinquent  notices,   572. 
taxes,  levy  and  collection  of,  571. 
redemption  from  sales,  574. 
sales  for  delinquent,  572. 
title  to  property  acquired,   567. 
water,  governing  use  of,  578. 

lease  of,  586. 
w^ater  regulations,   564. 
Jails,  county.     See  tits.  Hair  Cutting;  Parole 
Commissioners;     Prisons;     State 
Prisons, 
matron   for    (§2141/2),    332. 
Japanese  women.     See  tits.  Asiatics;  Prosti- 
tution. 
Judges,    superior    court,    additional    Judges. 
See  the   respective  counties, 
as  successors  of  former  judges,  343. 
Judges  of  the  plains,  defining  duties  of,  604. 
Judgments    against    cities    of    over    100,000 
population,   952. 
other  cities  and  towns,  953. 
Judgments    against    counties,    provision    for 
payment  of,  953. 


Jurors'    fees.      See    tits.    Fees    and    Salaries; 
Fees  of  Officers;  Justices  of  the 
Peace, 
mileage  and  per  diem  of,  452. 
Justices'  courts   (note),  606. 
Justices    of    the    peace,    fees    tliat    may    be 
charged  by,  451. 
to  post  statement  of  fees,  336. 
See  tit.  Fees  and  Salaries. 
Jute  fund,  state.     See  tits.  Jute  Goods;  State 
Prisons, 
establishing   fund    for   purchase   of  jute, 
1303. 
Jute  goods.     See  tit.  State  Prisons. 

fixing   price   and   conditions    of   sale   of, 
606,   1303. 
Juvenile  court.      See  tit.   Children. 
Keeper   of  archives,   state,   appointment   and 

duties  of,  1241. 
Kern  County,  providing  judges  for,   607. 
Keshel   Shel   Barsel    (note),   607. 
Kings   County,    creatiofl    and    boundaries    of 

608. 
Kings  River.     See  tit.  Pish  and  Game. 
Klamath  County    (note),  612. 
Labels.      See    tit.    Wine,    Sophistication    and 
Adulteration  of. 
for    marking    fruit    boxo.s.    barrels,    etc 

493. 
on  goods  to  prevent  fraud  in  (note),  612. 
Labor.       See    tits.    Drug  'stores;    Employers 
and      Employees;      Employment 
Agents;   Public   Buildings;   Pub- 
lic Works. 
Labor  claims,   public   works,   to  secure   pay- 
ment  of  labor  and  material,   on 
public  works,  1104. 
Labor   contracts,    to   prevent    misrepresenta- 
tions of  conditions,   612. 
Labor  disputes.      See  tits.   Arbitration,   State 
Board;      Employers      and      Em- 
ployees; Labor  Contracts. 
Labor    statistics,    reports    to    be    published 
616. 
to  establish  bureau  of,  613. 
Labc.r,    wages,    and    salaries,    for    protection 

of  on  public   works,   616. 
Lake  Bigler,  legalizing  name  of.  616. 
Lake  Chabot.     See  tit.   Fish  and  Game. 
Lakes,    levels    of,   authorizing   ITnited   States 

to  lower  levels,   619. 
Lake  Merritt.     See  tit.   Fish  and  Game. 
Lake    Peralta.       See    tits.    Fish    and    Game; 

Lake  Merritt. 
Lake   Tahoe   wagon   road,    creating  commis- 
sioner  for,    617. 
Land    claims,    Spanish,    to   preserve  archives 
and  title  papers  relating  to,  619. 
Land    commissioners,    abolishing   tide-water 

commissioners,   622. 
Land    donations    for    colleges,    by    Congress, 

148. 
Landmarks.       See     tits.     Colton     Hall;     Fort 

Ross;   Historic   Property. 
Land    surveyors,    defining   duties,    and    to    li- 
cense, 660. 
Land  titles.     See  tits.  Town  Sites;  Incorpor- 
ated Towns   Town   Sites;  Public 
Lands. 
Lands,  forfeit  to  state,  forfeiting  payments, 
for  fraud,  623. 


1508 


INDBX. 


Lands — Continued. 

government       corners,       to       perpetuate 
marking's    of    government    sur- 
veys,  623. 
possessory    actions,    mode    of    maintain- 
ing and  defending,  625,  627. 
protection.     See  J.it.  Levee  Districts, 
public,    protection    of    pre-emption    and 
homestead    claimants,    627. 
protection     of     settlers     in     certain 
cases,   628,   629,   656. 
quieting    title.      See   tit.    Suscol    Rancho. 
swamp,  for  protection  of  settlers,  629. 

to  determine  wliat  lands  are  swamp, 

630. 
swamp-land  district   funds,   630. 
Lands    of     state.       See    tits.    Lands;     Public 
Lands, 
authorizing  sale  at  Rocklin,   659. 
beacli  and   water  lots,   658. 
certificates   relating   to   lands   sold  prior 

to   1872,   621. 
examination  into  sale  of   (note),  623. 
for  relief  of  purchasers,  621,  624. 
granting   certain    to   United    States,    620, 

621. 
granting    right    of    way    over    for    roads 

and  highways,  1150. 
legalizing    applications     prior     to     1872, 

624. 
management  and  sale  of,  633,  646. 
salt-marsh   and   tide-lands,    639. 
supplemental    act    relating    to,     655. 
swamp  and  overflow  lands,  639. 
miscellaneous      provisions      relating     to 
sale,  etc.,  650. 
supplemental   act,    655. 
relief    to    purchasers,     non-payment    of 

interest,   624,   658. 
relinquishing  to  United  States,  659. 
sale  of  land  uncovered  by  recession  or 

drainage  of  lake,   631. 
school   warrants,   cancelation   of,   631. 
sixteenth  and  thirty-sixth  sections,  pro- 
tection   of    settlers    on,    656,    657. 
uncovered  by  recession   or   drainage   of 
lakes,  etc.,  sale  of,  631. 
I.^rceny,  real  property,  to  more  fully  define 
larceny,   663. 
from   mines,    663. 
Law   College,   Hastings.      See   tit.   University 

of  California. 
'La.-w  libraries,  provisions  for  establishing  in 
counties,   664. 
public    libraries,    689. 
Leases.     See  tit.   State   Officers. 
Legal    tender    notes,    in    relation    to    United 

States  currency,   666. 
Legislature  of  California,  assembly  and  sen- 
ate districts,   667. 
Leland  Stanford  Junior  University,  exempt- 
ing from  taxes,   679. 
granting    corporate    powers    to    trustees 
of,    678. 
Leprosy  fund.     See  tit.  State  Funds. 
Levee  districts,  boundaries,  etc.,  remain  un- 
changed,       (§  14)        Sacramento 
drainage    district,    384. 
historic   note,    684. 
indebtedness  of,  bonds,   685. 
providing    for    formation     and     govern- 
ment of,  679. 


Levees.    Sacramento    County,    historic    note, 

684. 
Lewis  and  Clark     Exposition,   appropriation 
for,  687. 
additional   appropriation,   688. 
Lexington.      See    tits.    El    Monte;    Municipal 

Corporations. 
Libel    and     slander,    actions    for,     bond    re- 
quired,  688. 
Libraries,    museums,    etc.      See   tit.    Art   Gal- 
leries. 
Libraries,   public.      See  tit.   Law^  Libraries, 
establishment   and   maintenance   of,   689. 
gifts  to,  692. 
License.     See  tits.   Building  and  Loan   Com- 
missioners;      County       Govern- 
ment;   Fish  and   Game;   Foreign 
Miners;     Land     Surveyors;     Li- 
cense   Tax. 
for  manufacturers  of  butter,  98. 
foreign   miners    (note),   481. 
peddling.     See  tit.  ex-Union  Soldiers. 
License     tax,     bicycles,    may    be     levied    by 
counties,  cities,  and  towns,   692. 
bridges,    etc.,    provisions    for    enforcing, 

694. 
itinerant  vendors,    694. 
upon  herding  or  grazing  sheep,  695. 
Licentiate    pharmacist,    definition    of     (§  3), 

1039. 
Lien.     See  tit.  Animals,  Estray. 

for  care  of  animals  on  trains   (§  3),  154. 
Liens,  agistors,  loggers,  etc.   (note),  695. 

See  collateral   inheritance  tax   (§§  5,   29). 
under   local    improvement   act,    949. 
Life    insurance.      See   tit.    Corporations. 
Lighthouse  sites.     See  tits.   Buoys  and  Bea- 
cons;  Navigation, 
concerning    submarine    sites    and    other 
aids  to  navigation,  999. 
Lighting     of     cities,     provisions     for     light 

plants,   953. 
Liquors.       See    tits.    Accounts;     Intoxicating 
Liquors, 
proliibited  on   grounds  of  state   schools, 

1075. 
prohibiting  sale  to  children    (note),  132. 
sale.    See  tit.  Children;  College  City;  In- 
toxicating Liquors;   State  Capi- 
tol; State  Hospitals. 
Live    stock,   sales,    prohibiting   combinations 

to    obstruct,    24. 
Livermore.     See  tit.  Municipal  Corporations. 
Loan   commissioners.      See  tit.   State  Debt. 
"Local    Improvement   Act    of    1901,"    for    im- 
provement   of    streets,    etc.,    942. 
Local    improvement    bonds,    form    and    term 
of.    Stats.    1901,   948. 
liens  upon  property  assessed,  949. 
redemption    of   property   from   sale,   941. 
statute  of   1885,  not  repealed,   950. 
Lodging-houses,  cubic  air  requisite  in  sleep- 
ing apartments,  696. 
regulations  concerning  gas,  495. 
Lodi.  Mokelumne  Hill  changed  to  Lodi,  697. 

See  tit.   Municipal  Corporations. 
Loggers'   liens.      See  Liens    (note),    695. 
Logging    camps,    providing    lunch    hour    for 

laborers  in,  697. 
Logs,     scale     for     measuring,      establishing 
scale,   697. 
injury  to  logs   (note),  703. 


INDEX. 


1509 


Los  Angeles.     See  tits.  Normal  Schools;  Mu- 
nicipal Corporations. 
Los    Angeles    County.      See    tits.    El    Monte; 
Hunting    on    Private    Property; 
Irrigation. 
additional  judges  for,   704,  705. 
boundaries     of.        See     Orange     County, 
1019. 
Los   Nietos,    townsiiip.      See    tits.    Irrigation; 
Irrigation    Districts, 
regulating  irrigation  in,   596. 
Lost  warrants,  state,  provision  for  payment 

of,  1308. 
Lumber,    to    protect    manufacturers    (note), 

703. 
Lunacy     commission.        See     tits.     Cliildren, 

Feeble-Minded;    Insane. 
Lunch  hour.     See  Logging  Camps,  697. 
Lying-in  hospitals.     See  tits.  Hospitals,  Ma- 
ternity; Health,  County  Boards. 
Machinery,   inspection,   etc.,   coal   mines,   135. 
Madera    County,     creating,     defining     boun- 
daries,  etc.,    706. 
Mad  River,  for  improvement  of  stream,  705. 
Mall-carriers.     See  tit.  Railroads,  Street. 

street  railroads  to  carry  free,  1115. 
Maps.      See   tit.   Municipal   Corporations. 

municipal,    requiring    recording    of    "ad- 
ditions,"   958. 
of  work  in  coal   mines  required,   134. 
Marin    County,     defining    lawful    fences    in. 
See    tits.     Fences;    Hunting    on 
Private   Property;    Sheep   Herd- 
ing; State  Prisons. 
(note),  710. 
Mariposa    Big    Trees.       See    tit.     Big    Tree 

Groves. 
Mariposa  County.     See  tit.  Boundaries. 
Markleeville.      See    tit.    Municipal    Corpora- 
tions. 
Marks  and  brands.     See  tit.  Wine,  Sophisti- 
cation and  Adulteration  of. 
Married    women,    earnings,    living    separate 
from  husbands   (note),  711. 
prostitution    of,    1078. 
Marshall    monument,    guardian    for,    duties 

of,  711. 
Martinez.     See  tit.  Municipal  Corporations. 
Marysville.     See  tits.  Feather  River  Bridge; 

Municipal  Corporations. 
Materialmen's      liens,      local      improvement. 

See  tit.  Public  Works. 
Maternity   hospitals.     See  tit.  Hospitals. 
Matrons  for  jails.     See  tits.  Prisons;  Prison 
Matrons. 
in  certain  counties   (§  214%),  332. 
Mayor's  court.     See  tit.  Municipal  Corpora- 
tions. 
Meadow  Lake.     See  tit.  Municipal  Corpora- 
tions. 
Mechanic  arts.     See  tit.  Colleges. 
Medical    Examiners.    See    tit.    Medicine    and 

Surgery. 
Medicine,     practice     of.       See     tit.     Trained 

Nurses. 
Medicine    and    surgery.      See    tits.    Blindness 
of  Infants;  Optometry;  Osteopa- 
thy. 
as     to     Christian     Science     practitioners 

(note),   719. 
regulating  practice   of,   712. 


Mendocino    County.      See    tits.    Hunting    on 
Private  Property;  Lands;  Town 
Sites. 
Mendocino   State   Hospital,    prohibiting   sale 

of   liquors   near,    558. 
Menlo    Park.      See    tit.    Municipal    Corpora- 
tions. 
Merced    City.      See    tit.    Municipal    Corpora- 
tions. 
Merced   County,   authorizing   sale   of   court- 
house property,   719. 
boundaries.     See  tit.  San  Benito  County. 
Messenger  Pigeons.     See  tit.  Antwerp  Mes- 
senger. 
Mexican   war  veterans.      See  tit.   Associated 
Veterans, 
exchange  of  lands  by,   59. 
Midwife,  certain   duties  prescribed.     See  tit. 

Blindness  oi  Infants. 
Military.  See  tit.  Arms;  California  Volun- 
teers; Military  Academies. 
Military  academies,  to  furnish  arms  for,  720. 
Milk.  See  tits.  Dairies;  State  Dairy  Bureau. 
Minerals,  analysis  of.  See  tit.  State  Analyst. 
Mineral  cabinet,   establishment  of,   720. 

removal  of,  721. 
Mineral   lands,    as   to   sixteenth   and  thirty- 
sixth  sections,  721. 
repealing  certain  laws,   721. 
Mineral      waters.      See      tits.      Adulteration; 

State  Analyst. 
Mineral     waters,    analysis.      See    tit.     State 

Analyst. 
Mineralogist.       See    tit.     State    Mining    Bu- 
reau. 
Miners,    foreign.      See    tit.    Foreign    Miner's 

License. 
Miners'    hospital.      See    tit.    State    Hospital, 

Miners. 
Miner's  inch,  water,  fixing  and  defining,  722. 
Mines.     See  tit.  Larceny,  Real  Property. 
Mines  and  mining.     See  Coal  Mines,  134. 
Mining.     See  tit.  Debris  Commissioner. 

bell    signals,    establishing    system    for, 

722. 
general   subject.      See   tits.    Coal   Mines; 
Debris    Commissioner;    Larceny 
from      Mines;      Mining     Claims; 
Mineral    Lands;    State    Hospital 
for    Miners;    State    Mining    Bu- 
reau, 
protection  of  miners.   724. 
relating    to     working,     rights     of    way, 

drainage,   etc.,  of  mines,   724. 
stockholders,  repealing  statutes  for  pro- 
tection of,  725.  726. 
Mining    claims,    abandoned,    to    provide    for 
covering,    fencing,    etc.,    of    ex- 
cavacations,   726. 
recording   (note),   727. 
Mining  partnerships    (note),   723. 
Minors,  visiting  saloons.     See  tits.  Children; 

Intoxicating  Liquors. 
Misdemeanors,    trading    stamps.      See    Trad- 
ing      Stamps— Chance       Prizes, 
1422. 
Missing    persons,    appointment    of    trustees 

for.    727. 
Missions,  old.     See  tit.  Historic  Property. 
Mocking-birds,    to   prevent   capture   and   de- 
struction of,  728. 


1510 


INDBX. 


Modesto.      See   tits.   Municipal   Corporations; 

Water  Supply. 
Modoc    County,    creating-,    boundaries,    etc., 
729. 
supplemental  act,  733. 
Mokelumne  Hill.     See  tits.  Lodi;   Municipal 

Corporations. 
Mongolians.     See  tit.  Asiatics. 
Mono  Basin.     See  tit.  Roads  and  Highways. 
Mono  County.     See  tit.  Animals. 
Mono  County.     See  tit.  Roads  and  Highways. 
Mono  Lake  road.     See  tit.  Roads  and  High- 
ways. 
Monterey.     See  tit.  Colton  Hall. 
Monterey  City.     See  tit.  Municipal  Corpora- 
tions, 
granting  title  to  water  front,  734. 
Monterey   County,   court-house  and   jail   for 
(note),   735. 
boundaries.     See  tit.  San  Benito  County, 
supplementary  act,  1169. 
Monterey     custom-house,     appointment     of 
trustees    and    control    over,    736. 
See  tit.  Historic  Property. 
Mormon  Channel.     See  tit.  Public  Works. 

right  of  way  for  waters  of,  1105. 
Mortgage     foreclosure.       See     tit.     Attorney 

Fees. 
Motor  vehicles.     See  tit.  Bicycles. 

to   regulate   operation   of   on   highways, 
737. 
Municipal  assessments.     See  tit.  Shade  Trees. 
Municipal  bonds,    938. 

authorizing  for  improvements,    934. 
for  parks  and  boulevards,   961,  962. 
"Local  Improvement  Act,  1901,"  942. 
special  improvement  tax,   941. 
See  tit.  Parks  and  Boulevards. 
Municipal  contracts.     See  Shade  Trees,  987- 

983. 
Municipal   courts,   for   cities   of   over  10,000, 

928. 
Municipal  corporations.  See  tits.  Bonds,  Mu- 
nicipal; Elections;  Holidays; 
Franchises;  Local  Improvement 
Bonds;  Police  Courts;  Shade 
Trees;  Street  Improvement; 
Street  Railroads;  Telephone, 
Etc.,  Lines;  Trees  and  Hedges; 
Town  Sites;  Incorporated 
Towns;  Town  Sites,  Public 
Lands;  Water  Rates;  Water 
Supply, 
classification    of    (Stats.    1883),    743,    and 

see  note,  911-915. 
class   names,   organization,   etc.,   911-915. 
first  class,  board  of  health  of.  802-808. 
educational   department.    818-824. 
fire   department,   796-801. 
general  powers,   749. 
judicial   department.   810-817. 
legislative   department  of,    754. 
miscellaneous    provisions,    824. 
organization     and     government     of, 

774. 
police  department,   790-795. 
provisions  relating  to  officers,  750. 
second  class,  condemnation  proceedings. 
832-836. 
control   of  streets,   828. 
duties   of  officers,   837-838. 
educational  department,  840-845. 


executive  department  of,  836-838. 
judicial  department,  838-840. 
legislative  department,   826. 
name,   class,   etc.,   824. 
taxation   for,    830. 
third     class,     common     council,     powers, 
847-853. 
educational  department,   855. 
executive   department,   854. 
general    provisions    relating    to    of- 
ficers,  845. 
indebtedness    of,    850. 
legislative   department,    847-853. 
license  powers,   848. 
miscellaneous  provisions,   857. 
ordinances  of,  848. 
street  improvements,   851. 
fourth  class,  annual  expenses  of,  865. 
appropriations  by,   566. 
contracts    by,    866. 
education,  board  of,  879-881. 
executive  department  of,   873. 
general'  powers,   858. 
judicial  department,   875-879. 
legislative   department,    861-866. 
officers  and  duties  of.  855-861. 
officers,   powers  and  duties,   873-875. 
powers  over  streets,  866. 
taxation  in,  868-872. 
fifth  class,  attorney,   duties  of,   893. 
board  of  education,  895. 
elections  in,   888. 
general  powers,   officers.   882. 
indebtedness    of,    887-888. 
judicial    department,    897. 
legislative  department.   884-891. 

marshal,   duties  of,   893. 
miscellaneous   provisions,   898. 

officers,    general    provisions,    882. 

ordinances,  passage,  887. 

records  of  board  of  trustees,  892. 

school   department,   894. 

street   improvements,   damages,   890. 

taxation  in,  890. 

trustees,  or  council,  powers  of,  885- 
887. 
sixth  class,  attorney  of,  duties,  908. 

bonded  indebtedness  of,   906. 

clerk,  special  duties  of,  907. 

court,   recorder's,    910. 

disincorporation  of,  989. 

election   of  officers.   899. 

election,  failure  of,  972. 

eligibility  to  oflSce,   900. 

executive   department,    907. 

fines,   forfeitures,   etc.,   902. 

fire   limits   for,    902. 

first  meeting  of  trustees,  901. 

franchises,   provisions  for,   901. 

general  election  laws  govern,  900. 

general   powers.   899. 

improvements  in,   905. 

Indebtedness,   limitations   upon.    903. 

judicial   department,   909. 

legislative   department,    901-906. 

marshal,  certain  duties.  908. 

miscellaneous    provisions,    910. 

nuisances,  control   of.  904. 

office,  who  eligible  to,   900. 

officers  of.  899. 

ofl^cers.  failure  to  elect.  972. 

officers,  restrictions  upon,   910. 


INDEX. 


1511 


Municipal  coi'porations — Continued. 

ordinances,   enacting'  clause,  903. 

ordinances,  proposal  before  passage, 
901. 

police   department,    908. 

poll-tax,   provision   for,    902. 

powers  of  trustees,  901,  902. 

president  to  preside,  906. 

property  tax,  provision  for,  902. 

public   buildings,   erection,    etc.,   902. 
906. 

quorum,  how  constituted,  901. 

recorder's  court,  jurisdiction,  910. 

records,  to  be  kept  by  clerk,  907. 

salaries    and    compensation    of    of- 
ficers,   909. 

specified    powers    of     trustees,    901. 
902. 

street  improvements.   902,   904. 

street   railways   in,    902. 

taxes,  collection  of,   909. 

taxes,  equalization  of,  906. 

trustees    receive    no    compensation, 
900. 

water  supply,   powers  as  to,   901. 

See  Municipal  Corporations,  Miscel- 
laneous      Statutes;       Municipal 
Corporations,    Sixth    Class. 
Municipal  Corporations,  Water  Supply. 

miscellaneous     statutes,      additions     to, 
maps  to  be  filed,  958. 

adjacent  sewer  districts  for,  971. 

adjustment     of     indebtedness     upon 
excluding  territory,  951. 

altering  boundaries   of,    919-922. 

authorized  to  maintain  halls,  916. 

authorizing    cities    to    take    census, 
915. 

cemeteries    may   be   maintained   by, 
915. 

census  of  may  be  taken,  915. 

change    of    fiscal    year    for    certain, 
931. 

cities   of  over   100,000   may  condemn 
sites  for  buildings,  926. 

debts  of,  adjustment  of  upon  exclu- 
sion of  territory,  951. 

debts    of,    funding    and    refunding, 
918. 

disincorporation     of     (sixth     class), 
989. 

eradication  of  weeds  in,  979. 

exclusion  of  territory,  debts,  951. 

failure  to  elect  officers  (sixth  class), 
972. 

fiscal  year  of  may  be  changed,  931. 

freeholder  elections  in.   931. 

funding  or  refunding  debt  of,  918. 

further    provisions,    963. 

gifts,  bequests,  etc.,   to,   495. 

judgments  against,  how  to  be  paid, 
953. 

judgments    against,     how    paid    of- 
ficers, failure  to  elect,  972. 

less  than  first  class,  cemeteries  for, 
915. 

lighting      contracts      and      lighting 
plants   for.    953. 

maps    of    additions    to    be    recorded, 
958. 

of  over  100,000  inhabitants,  952. 


officers,      failure      to      elect      (sixth 

class),  972. 
parks  and   boulevards   for,    960,    961. 
payment  of  judgments  against  cities 

and  towns,   953. 
planting,  etc.,  of  shade  trees  by,  979. 
protection  of  from  overflow.  968. 
provision  for  acquiring  gravel  beds, 

934. 
provisions    for    disincorporation    of, 

929. 
provisions  for  lighting  of.  953. 
public    buildings,    erection     of,     916, 

926. 
ratifying    gifts    for    charitable    pur- 
poses,  933. 
reorganization      of     under      general 

law,   970. 
resolutions  as  to,   980. 
sewer  districts,  adjacent  to.  971. 
sites     for     buil(lings     may     be     con- 
demned,  926. 
sixth  class,  cities  of,  officers.  972  . 

disincorporation   of,   989. 
taxation,   as   to   certain   classes,    975 

and   976. 
validating  organizations  of.  983-985. 
of  organizations,  since  1883,  987. 
water  supply,  condemnation  of.  987. 
gifts  of  water  to  cities,  987. 
joint    system    of    water    supply, 

987. 
rates  for  water  to   be  uniform. 

986. 
sale  by  of  excess  of  water,  987. 
weeds,  eradication  of,  979. 
water    supply,    condemnation    of    rights 
by.  987. 
excess  and  sale  of  water  by,  989. 
gifts  of  to  cities,  987. 
joint  systems  of  supply,   987. 
rates  of  to  be  uniform  (§6),  986. 
sale  of  excess,  989. 
Municipal    improvements.      See    tits.    Streets 
and  Squares;  Lighting  of  Cities; 
Protection  from  Overflow, 
authorizing  indebtedness  for,  934. 
special  improvement  tax,  941. 
Municipal   improvement  tax,   for   disposal   of 
money      remaining      after      Im- 
provement,  940. 
special  improvement  tax,  941. 
street  improvement.   942. 
Municipal    indebtedness,    adjusted    upon    ex- 
clusion  of  territory,   951. 
Municipal      lighting,      providing      for      light 

plants,  953. 
Municipal     officers,     failure    to    elect,     sixth 
class,  972. 
provisions  for  abolishing  certain  offices, 

976,    978. 
See  tit.  Taxation. 
Municipal  ordinances,  to  be  signed  by  may- 
or, 959. 
Municipal    taxes,    provisions    for    assessing, 
etc..  by  county  officers.  976,   978. 
Museum.s.        See     tits.     Art     Galleries;     Li- 
braries. 
Museums,    art    galleries,    etc.,    societies    for 

promotion  of,  55-58. 
Mutual   benefit   societies.     See  tit.   Corpora- 
tions. 


1512 


INDKX. 


Mutual  life  insurance,  corporations  for,  179. 
Names.      See    tit.    Trees,    Seeds,    Plants,    and 

Vines. 
Napa  City.     See  tit.  Municipal  Corporations. 
Napa  County,  court-house  for  (note),  992. 
boundaries  of  (note),  992. 
legalizing     notarial     acknowledgments, 

993. 
preservation    and    transcription    of    rec- 
ords, 992,  993. 
Napa  River.     See  tit.  Fish  and  Game. 
Napa  State  Hospital,  purchase  of  additional 

land  for,   993. 
National  Gviard  of  California,  appropriation 
for    expenses,    and    reorganiza- 
tion,  995. 
camp  of  instruction  for,   996. 
independent  and  unattached  companies, 

997, 
naval  battalion  for,  997. 
organization,    officers    and    members    of, 
994. 
Naturalization,  index.     See  tit.  County  Gov- 
ernment Act    (§  107). 
Naval  battalion.     See  tit.  National  Guard  of 

California. 
Navigable  streams.     See  tit.  Tow-Paths. 
Navigable     waters.       See     tits.     Lighthouse 
Sites;  Navigation. 
Clear  Lake,  134. 
Navigation.      See    tits.    Buoys   and   Beacons; 
Clear    Lake;    Lighthouse    Sites; 
Navigable  Waters. 
Nevada    City.      See    tit.    Municipal    Corpora- 
tions. 
New    Counties,     how     governed     (classifica- 
tion),   337. 
See  tit.  Counties,  New. 
service  of  process  in,   188. 
transfer  of  funds  to,  187. 
New  Republic.     See  tits.  Municipal  Corpora- 
tions; Santa  Rita. 
Normal    schools,    established    at    Los    Ange- 
les,  999. 
for  northern  California    (Chico),   1000. 
for  San  Diego,  1001. 
for   San   Francisco,   1002. 
for  San  Jose,   1002-1006. 
North    San    Francisco    Homestead    Associa- 
tion, 1007. 
Notary  public,  Goat  Island,  authorizing  ap- 
pointment  of,  1008. 
Nuisances,    public,    duty    of    district    attor- 
ney as  to,  369. 
Nurses,    trained,    to    promote    education    of 
and      provide     certificates     for, 
1008. 
Oakland,  city  of.     See  tits.  Oakland  Harbor; 
Municipal  Corporations, 
granting  tide-lands   to,   1010. 
Oakland   Harbor,   construction   of  canal   for, 

1010. 
Office,   candidates   for,    to   prohibit   pledging, 

104. 
Office,  eligibility,  generally,  confined  to  na- 
tive-born   and   naturalized   citi- 
zens,  1011. 
eligibility   to   county,    township,    or   dis- 
trict,  §  54),   210. 
public,    constitutional    right    to     (note), 
1096. 


removal   from,    carrying   out   provisions 
of    constitution    as    to    (§  3,    art. 
XX),   1012. 
Officers,  county   (note),  1012. 
bonds  of  (§  66),   212. 
designation   of   (§55),   210. 
intoxication    of,    relating   to   county  and 

municipal  officers,   1013. 
See  tit.  Fees  and  Salaries, 
state,    gifts    prohibited    by    inmates    of 
state  institutions,  1013. 
Official   bonds.      See   tit.   Bonds   Required    by 
Law. 
of  county  officers   (§66),   212. 
Official    weighers.       See    tits.     Inspector    of 
Weights    and    Measures;    Ware- 
housemen. 
Oil,    petroleum.      See    tits.    Oil    Lands;    Olive 

Oil. 
Old  Missions.     See  tit.  Historic  Property. 
Oleomargarine.     See  tit.  Butter;  State  Dairy 

Bureau. 
Oleta,  town  of.     See  tit.  Municipal  Corpora- 
tions. 
Olive  oil,  imitation,  regulating  sale  of,  1014. 
Optometry,  board  of  examiners  of,  1016. 

certificate    required    to    practice,    1016- 
1020. 
Orange     County,     boundaries,     creation,     of- 
ficers, and  organization  of,  1019- 
1024. 
Ordinances,    municipal,    signature   of   mayor 

to,  959. 
Oroville.  town.     See  tit.  Municipal  Corpora- 
tions. 
Orphan    asylums    (note),    1025. 

See    tits.    Adoption;    Apprentices;    Chil- 
dren;  Preston  School   of  Indus- 
try; Whittier  State  School. 
Orphans,  appointment  of  guardians,  133. 
Osteopathy,    creating    board    of    examiners 
and  providing  certificates,   1025. 
Oysters,    to    encourage    planting    and    culti- 
vation of,  1027. 
Paralytics.    See  tit.  Children,  Feeble-Minded. 
Parental   schools,    city   boards    of   education 

(§§5-8).    127-131. 
Paris    green,    to    prevent    fraud    in    sale    of, 

1028. 
Parks  and  boulevards,  as  to  those  now  ex- 
isting. 963. 
bonds  for.  962. 
cities  and   towns  authorized  to  acquire, 

960,  961. 
donations  for.  967. 
extending  .iurisdiction   to   those   outside 

of  city,  964. 
Golden  Gate  Park,  967. 
levy  of  taxes  for,  967. 
Park    commissioners,    creating    state    board 

of,  1030. 
Parks,  public.     See  tit.  Big  Tree  Groves. 

California  Redwood  Park,  creation  and 

management  of,  1029,  1031. 
consent   to    establishment   by   Congress, 

1029. 
East  Park,  Sacramento,  1029. 
Parole     commissioners.       See    tits.     Preston 
School;  Whittier  State   School, 
establishing  board   of,   1031. 
Passengers.      See    tits.    Health,    Public;    In- 
fectious   Diseases;    Quarantine; 
State   Board   of  Health. 


XNDBX. 


1613 


Paths  for  bicycles,  authorizing'  licenses  for, 
692. 

Paupers.      See    tit.   Indigent   Persons. 

Pear  Blig-ht.  See  University  of  California, 
Pear   Blight,   1457. 

Peddlers,    license.      See    tits.    Ex-Union    Sol- 
diers;   County    Gov.    Act    (§  25, 
subd.     25);     Itinerant    Vendors; 
License    Tax. 
imposing'  upon  itinerant  vendors,   694. 

Pension,   claimants.  United  States,  affidavits 
free,   before    county   clerk,   1032. 
firemen,    provision    for    pensioning    fire- 
men  in   cities,   466. 
See   tit.   Police,   Insurance. 

Perishable  products,  regulating  sales  on 
water  front,  San  Francisco, 
1181. 

Persons  of  unsound  mind.  See  tits.  Chil- 
dren, Feeble-Minded;  Insane. 

Pests,  tree  and  plant  diseases.  See  Uni- 
versity of  California,  Pathol- 
ogy,   1456. 

Petaluma,  city.  See  tits.  Municipal  Cor- 
porations;   Petaluma    Creek. 

Petaluma  Creek,  erection  of  draw^bridge 
over,   1033. 

Petroleum.     See  tit.   Oil  Lands. 

Pharmacy,  practice  of.     See  tit.  Drug  Stores, 
Hours    of  Labor, 
licentiate   of,   defined    (§3),    1039. 
regulating     practice     of,     and     sale     of 
poisons     (two      statutes),     1033, 
1038. 
sale   of  drugs   in   rural   districts,   1044. 
state     board     of,     appointment,     duties, 
1034,  1038. 

Physicians.  See  tits.  Medicines;  Optometry: 
Osteopathy;  Pharmacy;  Rural 
Districts;  Post  Mortem  Exam- 
inations   (note). 

Piers,  chutes,  and  wharves.  See  tits.  Cor- 
porations;   Franchises. 

Pigeon  shooting.  See  tit.  Animals,  Cruelty 
to    (note). 

Pigeons,  homing.  See  tit.  Antwerp  Mes- 
sengers. 

Pigeons,  messenger,  for  the  protection  of, 
32. 

Pilots,    San    Diego,    establishing    and    regu- 
lating, 1045. 
San    Pedro,    appointment    and    duties    of, 
1048. 

Pitt  River,  obstruction.s  in.  See  tit.  Fish 
and    Game. 

Placer,  city.  See  tits.  Municipal  Corpora- 
tions;   Placerville. 

Placer  County,  records,  legalizing  certain 
records   of,    1049. 

Placer,  Sutter  and  Yuba  counties.  See  tit. 
Levee    Districts. 

Placerville,  titles  in.  directing  the  execu- 
tion of  certain  trusts  relating 
to,   1050. 

Pledges,    regulating    loans    upon,    175. 

Plumbing,  sanitary.    See  tit.  Health,  Public, 
regulation   of  by  boards   of  health,   504. 

Poisons.  See  tit.  Drugs  and  Poisons,  Phar- 
macy. 

Police,  cars  and  boats,  governor  may  ap- 
point,   1066. 


extra,  providing  for,  in  cities,  cities  and 
counties,   and   towns,   1061. 

hours  of  service  in  cities  of  first  class, 
and  in  cities  and  counties,  1061. 

insurance    fund,    relief,    health   and    life 
insurance    for    in    cities,    1062. 

pensions.       See     tit.     Police     Insurance 
Fund. 

vacation    for,    commissioners,    etc.,    re- 
quired   to    grant,    1066. 
Police    courts,    cities    of    first    and    one    half 
Class,   appeals  from,    105S. 

certified    transcripts    of    proceedings    as 
evidence,    1058. 

clerk  and   seal   for,   1057. 

establishing   and    fixing   jurisdiction    of, 
1056. 

fines  collected  to  be  paid  to  city  treas- 
urer,   1058. 

judicial  power  of  city  vested  in,   1058. 

jurisdiction   of,   1057. 

persons    sentenced    may    be    required    to 
labor,  1058. 

prosecuting  attorney  for,   1057. 

reports  to  be  made  by,  1058. 

rooms  to  be  furnished  for,  1058. 

salaries  of  justices,   1057. 
Police  courts,  cities  of  second  class,  appeals 
from,  1060. 

certified    transcript    of    proceedings    as 
evidence,   1060. 

clerk  and   seal   for,   1060. 

compensation    of    prosecuting    attorneys 
in,   1061. 

jurisdiction   of,   1059. 

persons    convicted    in    may    be    required 
to   labor,   1060. 

prosecuting   attorneys    for,    1060. 

salaries  of  justices,   1060. 
Police      courts,      Whitney      Act,      providing 
courts   in   cities   of  thirty  thou- 
sand inhabitants,   1053-1056. 
Policemen,   governor  may  appoint  for  rail- 
ways   or    steamships    (§  7),    155. 
Polytechnic      school.        See      tit.      California 

Polytechnic   School. 
Pool-selling       prohibited       on       state       fair 

grounds,    102. 
Poor,   dependent.     See  tit.   Indigent  Persons. 
Poppy,  golden.     See  tit.  State  Flower. 
Posse    comitatus,    supervisors    to    allow    ex- 
pense  of,   1067. 
Possessory    actions.      See    lands,    possessory 

actions,    625. 
Post    mortem    examinations.      See    tits.    Cor- 
oners;  Physicians    (note). 
Poultry    experiment    station,    establishment 
of    in    Sonoma   County,    and    ap- 
propriations  for,    1067. 
Preston   School   of  Industry,  additional   land 
for,   1075. 

appropriation  for,  1068. 

arms  and  explosives  upon  grounds,  1074. 

buildings  and  grounds  of,  1069. 

commitments  to,  approval  of,  1071,  1072. 

conditional  dismissal   from,   1071. 

construction  of  act  relating  to,  1074. 

contracts  for  supplies,   1069,   1072. 

controller  of  state,  dunes  of,  1073. 

convicts    to    state    prisons    not    admitted 
to,   1069. 


1514 


INDEX. 


Preston  School   of   Industry — Continued. 

convicts  under  eighteen  years  of  age 
may   be   admitted,    1072. 

course  of  study  for,   1070. 

dismissals  and  paroles,   1071. 

duties  and  oath  of  superintendent,  1070. 

escapes,  penalty  for  aiding,   1072. 

establishment  and  maintenance  of,  1068. 

establishment  of  near  lone,  1068. 

evil  disposed  persons  prohibited  from 
grounds,    1074. 

fees  of  sheriff  and  others,  1073. 

fixing  responsibility  of  parents  and 
others,  1487. 

general  government  vested  in  trustees, 
1068. 

government  of  transferred  from  state 
prison    directors,    1074. 

incorrigibles,  disposal  of,   1072. 

inmates   may   be   paroled,   1071. 

inmates   may  be   apprenticed,   1071. 

officers  not  to  be  interested  in  contracts, 
1069. 

penalty  for  taking  liquor  upon  grounds 
of,  1075. 

salaries  of  officers  and  employees,  su- 
perintendent and  other  em- 
ployees, 1070. 

salary  of  superintendent,   1070. 

statute  relating  to  commitments  to, 
1487. 

statute,   how  construed,   1074. 

superintendent    for,    1070. 
salary  of,  1070. 

trustees  for,  appointment  and  duties 
of,    1069-1071. 

trustees   receive   no   compensation,    1070. 
Prison    Matrons,     in    cities,     first    to    third 

classes,  1076. 
Prisoners.      See    tits.    Hair    Cutting;    Parole 
Commissioners;        Prison       Ma- 
trons;  State  Prisons. 
Prisons,   state,   wardens   of.      See  bureau   of 
identification,  163. 

duties   of  to   sheriffs,   165. 
Prize  fighting  (note),  1677. 
Printing.      See    tits.    School    Books,    Compil- 
ing;   Process,    Service    of;    Costs 
in  Civil  Actions. 
Probation  officers.     See  tits.  Preston  School; 
Whittier  State  School. 

children,  abandoned,  118. 
Process,   writs,   etc.      See   tit.   Counties,   New. 

validating  from  superior  courts  before 
seal  is  procured,  1077. 
Prosecuting  attorneys.  See  tits.  District 
Attorneys;  Municipal  Corpora- 
tions, Second  Class;  Police 
Courts. 

compensation  of,  cities  of  second  class, 
1061. 

police     courts    in     cities    to     have,     1058, 
1060. 
Prostitution,     importation     of     women     for, 
1078. 

of  married  women  (note),  1078. 
Protection    districts,    reclamation.       See    tit. 
Reclamation    Districts. 

assessments  for,   1082,   1085. 

boundaries,  etc.,  remain  unchanged,  384. 

clerk  of  supervisors,  duties  of,  1082, 
1085. 


commissioners      for,      appointment     and 

duties   of,   salary,    1081,   1082. 
condemnation  of  land  for,   1079. 
county  tax  collector,  duties  of,  1084. 
county  treasurer,  duties  of,  1084. 
dissolution     of.       See     tit.     Reclamation 

Districts, 
duties  of  supervisors  as  to,  1078-1080. 
for    improvement,    etc.,    of    innavigable 

streams,    1078. 
petition    for,    notice    and    hearing,    1078- 

1080. 
powers  of  supervisors  as  to,   1078,   1080- 

1086. 
statute,  how  construed,   1087. 
surveys   and  plans   for,   1080. 
work  to  be  done  yearly,  1086. 
Protection    from    overflow.       See    Municipal 

Corporations,   968. 
Protective    associations.      See    tit.    Chambers 

of   Commerce. 
Public     accountants,     examination     of,     and 
certificates  to,  1,  2. 
who  may  become   (§  8),  1,  2. 
Public     administrator,     fees     that     inay     be 
charged   by,   453. 
coroner    to    act    on    failure    to    qualify, 
1087. 
Public  assemblages.     See  tit.  Civil  Rights — 

Citizens. 
Public    buildings,    city    or    county.      See    tit. 
Public  Works, 
adoption  of  plans  for,  1087. 
alteration    of   plans    for,    1090. 
completion   of  unfinished,    1088. 
labor  upon.     See  tit.  Hours  of  Labor. 
Public    buildings,    state,    alteration    of   plans 
for,  1092. 
conditions  of  contracts  for,  1090. 
controller  of  state,  duties  as  to,  1093. 
failure   of   contractor  to   complete,    1095. 
fraudulent  plans,   penalties,   1094. 
Public  health.     See  tit.  Dairies. 
Public  institutions,  state,  exchange  of  com- 
modities between,  1096. 
Public  lands.     See  tit.  Lands,  Public. 

possessory,  actions  relating  to,  625. 
See    tits.    Lands    of    State;    Swamp    and 
Overflowed   Lands,   Etc. 
Public    nuisance.      See    tits.    District    Attor- 
ney; Nuisances,  Public. 
Public   office.      See  tit.   Public  Officer. 

constitutional   right   to    (note),   1096. 
Public    officer,    conspiracj^   against,    penalty, 
1097. 
contracts   by,  confirming,   1097. 
Public  parks.     See  tits.  Parks,  Public;  Park 

Cominissi  oners. 
Public     property,     inventories,    records     and 
Inventories  of  state  and  county 
property,   1098. 
Public  service.     See  tits.  Females;  Office  and 
Officers;    Public   Works, 
aliens  debarred  from,  13. 
eligibility,     ex-Union     soldiers,     prefer- 
ence  for,    1099. 
Public   use,   permitting  gifts,   bequests,    etc., 

to,   495. 
Public    works.      See    tit.    Labor.    Wages,   and 
Salary, 
commissioner,   creating  office  and  defin- 
ing powers  and  duties  of,   1102. 


INDBX. 


1515 


Public   works — Continued. 

creating  auditing  board  to  commis- 
sioner of  public  works,  1099. 

hours  of  labor,  limiting  hours  of  work- 
men,  mechanics,   1103. 

Mormon  Channel,  right  of  way  for, 
drainage  of,   1105. 

penalties  to  be  inserted  in  contracts, 
1103,  1104. 

to  secure  payment  of  claims  for  labor 
and  materials,   1104. 

vacancy  in  office,  how  filled,  1102. 

wages,  fixing  minimum  of  compensation 
upon,  1105. 
Pueblo    Iliads.     Sonoma.       See     tit.     Sonoma, 

^^^Rwn. 
Pure  California  wine.     See  Wine,   Adultera- 
tion and  Sophistication  of,  1492. 
Purity    of    elections,    by    regulating    manner 
of,   421. 

conducting  elections,  penalties  (§§  17- 
20),  430. 
Qualifications  for  office.  See  tit.  County 
Government  (§  54),  and  see 
names  of  offices. 
Quarantine.  See  tit.  Animals,  Contagious 
Diseases. 

aniinals,  regulating  admission  of  ani- 
mals from  infected  districts, 
1106. 

definition    of    term    "domestic    animals," 
1107. 
Quicksilver,  adulteration  of  proliibited,  1108. 

regulations  as  to  stamping,  llOS. 
Race   or  color.      See   Kerr's   Cyc.   Civ.   Code, 

§§  53,   54. 
Railroad    commissioners,    attorney-general's 
duties    to,    1109. 

district    attorneys,    duties    as    to,    1109. 

free  pass  for  commissioners  and  em- 
ployees  of,   1109. 

meetings    of   to   be    public,    1110. 

powers  and  process   of,   1110. 

seal   for,    1110. 

transportation    charges    fixed   by,    1110. 

transportation    companies,    meaning    of, 
1111. 
Railroad    passes,    prohibitions    as    to     (§  3), 

152. 
Railroad   police.      See    tit.    Police,    Cars   and 

Boats. 
Railroads.       See     tits.     Corporations;     Fran- 
chises;   Municipal   Corporations; 
Public    Health;     Southern     Pac. 
R.    Co. 

above  certain  levels,  management  and 
operation   of,   1112. 

charges,  discriminations  and  passes, 
152. 

closing  of   gates   by,    at   crossings,    154. 

completion  of.  time  for  completion  ex- 
tended,    1112. 

duties    in   carrying   of   cattle,    154. 

grazing    of    animals    along,    155. 

intoxication    of    employees,    155. 

leading    or    driving    animals    along,    155. 

motive-power,  authorizing  change  from 
steam    to    electricity,    1113. 

operation  of,  failure  to  operate,  pen- 
alties,   1112. 

passengers,  inspection  of  for  preven- 
tion of  introduction  of  diseases 
into    state,    506. 


policemen    for,    154. 

See  tit.   State   Board   of  Health, 
safety   of    employees    (note),    1113. 
Southern    California,    right    of    way    for 
at    asylum    grounds,    San    Ber- 
nardino,   1113. 
spur     tracks,     private     spur     tracks     in 

cities,    1114. 
street,    mail-carriers    to    ride    on    free, 

1115. 
street,    electricity,    validating   city   ordi- 
nances   relating    to,    1115. 
street,  regulating  fares  in  cities  of  100,- 
000   inhabitants,   1114. 
Reclamation    districts,    appeals    from    orders 
of   supervisors   relating  to,  1116. 
assessments    in,    1117. 
bonds,    issuance    of,    1117. 
boundaries,      etc.      remain      unchanged 
(§14),        Sacramento       drainage 
district,   384. 
district   No.    70,    organization,    etc.,    1130. 
dissolution,    proceedings    for,    1120. 
elections    in    for    bond    issue,    1117. 
funding    of    debts    of,    1121. 
no    state    or    county    liability    for    debts 

of,    1129. 
organization     and    management,     owner 
of  land   may  pay  proportion   of, 
1130. 
and    be    exempt    from    funded    debt, 
1129. 
Sacramento    County    districts    exempted 

from    statute,    1129. 
Sacramento   drainage   district,    384. 
taxes,  how  assessed  and  collected,  1128. 
Recorder,      county,      county     clerks      to      be 
auditor  and  recorder  in  certain 
cases,    1131. 
fees  that  may  be  charged  by,   449. 
Recording  of  maps.     See  tits.  Maps;  Munici- 
pal   Corporations. 
Red     Bluff,     town     of.       See     tit.     Municipal 
Corporations, 
distribution    of    lots    in,    1132. 
Redding,  town   of.      See   tit.   Municipal  Cor- 
porations. 
Redwood  City.     See  tit.  Municipal  Corpora- 
tions. 
Redwood    Park.       See    tits.    Parks,    Public; 
Park     Commissioners;     Regents 
of     University,     Duties     as     to; 
Trained    Nurses. 
Removal    from    office.       See    tit.    Office,    Re- 
moval From. 
Renovated    butter,    to    prevent    deception    in 
and   to   license   manufacture   of, 
98. 
Restoration  of  insane  persons.     See  tit.   In- 
sane,   Restoration. 
Restraining  orders.     See  tit.  Employers  and 
Employees, 
limiting    employment   of,    438. 
Revenue.      See   tits.    Fees   and   Commissions; 

Taxes. 
Revolving  fund,  school-books,  county  super- 
visors   to    provide.    1226. 
Rewards.      See   tit.   Governor. 
Rio  Vista,  town  of.     See  tit.  Municipal  Cor- 
porations. 
Brazos  del  Rio,  changed  to,  1135. 


1516 


INDI^X. 


Riverside  County,  creating,  defining  bound- 
aries,   etc.,    1135. 
Riverside,  town  of.     See  tit.  Municipal  Cor- 
porations. 
Roads,    lumber    camps,    provisions    for    pre- 
venting  fires    (§  19),    486. 
granting  right  of  way  over  state  lands, 

1150. 
See    tits.    Roads    and    Highways;    State 
Prisons,    Roads. 
Roads   and    highways,    boulevards,    for   for- 
mation     and      maintenance      of 
boulevard    districts,    1143-1146. 
Lake   Tahoe,   for  construction   of  bridge 
work     on    Lake     Tahoe    wagon 
road,    1152. 
meaning   of    "boulevard,"    1146. 
Modoc  County,  in  aid  of  Modoc  County, 
on  Alturas  and  Cedarville  road, 
1152. 
Mono  Lake,  free  road  from  Mono  Lake 
Basin  to  Tioga  Mine  road,  1153. 
for  construction   of  unfinished   part, 

1153,    1154. 
portion    declared    a    state    highway, 
1154. 
protection    of,    supervisors    of    counties, 
duties    of   as    to    storm    waters, 
1154. 
Sonora    and   Mono,    for    work    upon    the 

Sonora   and   Mono    road,    1156. 
state  department,  creating  and  defining 
duties  and  powers  of  state  de- 
partment,  1147-1150. 
salaries    of   members,    1149. 
state   highways,    control    of.    1150. 
Trinity,     for     locating     and     surveying 
road     from     Trinity     River     to 
Humboldt    County.    1156. 
what  road   laws  applicable   to,   1146. 
Tosemite,     appropriation     to     purchase 

roads,    1157. 
See     tits.     County     Government;     Fran- 
chises.   Municipal   Corporations; 
Lumber   Camps,    Fire;    Sherman 
Island;    Tow-Paths. 
Rock-crushing    plant,     for     establishing     of 

at   state  prisons,   1304-1306. 
Rodeos    (note),    1158. 
Rough    and    Ready,    town.      See    tits.    Etna; 

Municipal  Corporations. 
Rural    cemeteries,    incorporation    of,    105. 
Rural    districts,    practice    of    pharmacy    in 

(§15),    1044. 
Sacramento,   city.     See  tit.   East  Park,   Sac- 
ramento, 
granting  s-wamp-land  to,  1158. 
Sacramento   County.      See   tits.    Hunting   on 
Private  Property;  Public  Parks, 
appointment   of  judges   for,   1160. 
levee    districts    in    (note),    684. 
records,      authorizing      transcribing      of 
records    of,    1159. 
Sacramento       drainage       district,       election, 

powers,    duties    of   officers,    374. 
Sailors    and    soldiers,    providing    for    burial 
of    ex-Union,    1160. 
records   of  to  be  kept,   1161. 
St.    Helena,    town    of.      See    tit.    Municipal 

Corporations. 
Salaries.      See    tits.    Fees    of    Officers;    State 
Capitol,    Employees. 


Salaries    of    counti^    officers.      See    tit.    Fees 
and    Salaries, 
classification   of   counties,   for,    228. 
when    payable    (§156),    227. 
Salinas    City.      See    tit.    Municipal    Corpora- 
tions. 
Salmon — Salmon    Falls.       See    tit.    Fish    and 

Game. 
Saloons.      See    tits.    Accounts,    children;    In- 
toxicating     Liquors;       Sanitary 
Districts, 
Salt-marsh     and     tide-lands,      management 

and    sale    of,    639. 
San   Antonio   Creek,   Alameda,   for  construc- 
tion   of    swing    or    draw    bridge 
across.    1162. 
San  Antonio   Estuary.     See  tit.   Oakland. 
San   Benito   County,   creating  and   establish- 
ing  boundaries    of,    1164. 
records,    validating    transcribed    records 

of,    1171. 
supplementary    act,    1170. 
San     Bernardino,      city,      granting     to,     the 
state's  interest  in  real  property, 
1172. 
San    Bernardino     County,     additional    judge 
for,    1173. 
boundaries.      See   tit.   Riverside   County, 
regulating   and    protecting   bee-keeping 

in,    1173. 
reqiiiring  transcribing   of  records,   1173. 
San    Buenaventura,    town.      See   tit.   Munici- 
pal  Corporations. 
San    Diego.      See    tit.    False    Bay. 
See   Pilots,    San   Diego,  1045. 
San    Diego,    city,    conveyance    by    to   United 

States,    1174. 
San    Diego    County.      See    tit.    Hunting    on 
Private    Property, 
boundaries.    See    tit.    Riverside    County. 
San     Francisco.       See     tits.     Ferry     Depot; 
Golden    City    Homestead    Asso- 
ciation; Harbor  Commissioners; 
Municipal      Corporations;      Nor- 
mal   Schools;    Perishable    Prod- 
ucts; Seawall;  State  Debt;  State 
Officers, 
water    front,    seawall    and    thoroughfare 
at,    1176-1181. 
regulating    sale    of    perishable   pro- 
ducts at,  1181. 
San    Francisco    and    San    Joaquin    Valley    R. 
R.        See     tit.     Public     Officers, 
State.    Contracts. 
San  Gabriel  River.     See  tit.  El  Monte  Town- 
ship. 
Sanitary  plumbing.     See  tit.  Health,  Public. 
San    Joaquin    County,    jiidge    for,    providing 
an    additional    judge    for    supe- 
rior   court,    1193. 
levees,    authorizing    private    parties    to 

construct   levees,    1194. 
protection    districts,    for    protection    of 
lands    from    overflow,    1195. 
San   Joaq\]in   River,    construction   and   regu- 
lation   of   wharves    upon.    1197. 
San    Joaquin    Valley    R.    R.      See    tit.    State 

Officers.    Contracts. 
San  Jose,   city.     See   tit.   Municipal  Corpora- 
tions, 
high     school,     erection     of      on     normal 
school    grounds,    1198. 


INDEX. 


1517 


San     Leandro     Creek.       See     tit.     Fish     and 

Game. 
San  Luis  Obispo.     See  tits.   California  Poly- 
technic   School;    Municipal    Cor- 
porations;     San      Luis      Obispo, 
City;    San    Luis    Obispo    County. 
San    Luis    Obispo,    city.      See    tit.    Municipal 
Corporations, 
settling   title   to   lands    in,    1199. 
San  Luis  Obispo  County.     See  tits.  Hunting 
on    Private   Property;    Polytech- 
nis   School, 
additional   .iudge    for,    1202,    1203. 
transcribing-   records    of,    1201. 
San    Mateo    County,    granting    certain    tide- 
lands    to,    1203. 
San   Pedro   Bay.      See   tit.    Pilots. 
San  Pedro,  New,  name  changed  to  Wilming- 
ton,   1204. 
San   Rafael,    town.      See   tit.    Municipal   Cor- 
porations. 
Sanitary  districts,   bonds   may  be  issued  by, 
1188. 
bonds,    exchange    of,    1189. 
conduct   of  election  for,   1184. 
confirmation    of   district   bonds,    1190. 
dissolution    of,    proceedings    for,    1191. 
district   attorney,    duties   as   to,    1191. 
general    powers    of,    1184-1192. 
names   and   duties   of  ofHcers   of,   1185. 
notice   of  election  for,   1184. 
petition    for    formation    of,    1183. 
seal  for,  and  alteration  of  same,   1184. 
sewers    may   be    constructed   by,    1192. 
street  law  made  applicable  to,   1191. 
taxation    by,    election    for.    1186-1188. 
Sanitation.      See   tits.    Factories    and   Work- 
houses;   Sanitary   Districts. 
Santa    Barbara,     city,     legalizing    titles    in, 

1204,    1205. 
Santa  Barbara  County,   legalizing  titles   in, 

1205. 
Santa     Clara     County.       See     tit.     Municipal 
Corporations, 
additional   judges   for,    1207. 
records,  legalizing  records  of,  1207,  1208. 
transcribing    records    of,    1208. 
Santa  Clara,  town,  concerning  title  to  lands 

in,   1206. 
Santa    Cruz.    city.      See    tit.    Municipal    Cor- 
porations. 
Santa  Cruz   County.     See  tit.   Parks,  Public. 
Santa  Monica.      See   tit.   Municipal   Corpora- 
tions. 
Santa    Rita,    town,    New    Republic,    changed 

to,    1209. 
Santa    Rosa.       See    tit.    Municipal    Corpora- 
tions. 
Savings    banks,    dissolution    of,    73. 

interest,   banks  and  banking   (note),   73. 
Scalps.      See    tit.    Coyote    Scalps. 
School    bonds    of    school    districts,    distribu- 
tion    of     money     after     paying 
bonds,    1233. 
provisions   for   regulation   of,   1223. 
provisions     relating    to     cities     of    fifth 
class,   1231. 
School      books,      compiling,      providing      for 
publishing       state       series       of, 
1224-1230. 
revision    of   series,    1229. 
state,   fire-proof  warehouse   for,    1210. 


School    certiticatps.      See   Children,   Tlours   of 

Labor,    124. 
School      districts,      bonds,     dispositions      of 
money    remaining    after    paying 
bonds,    1233. 
confirming   organization    of,    1234. 
name,    providing    for    change    of    name, 

1234. 
provision  for  registration   of,    1223. 
School    land,    warrants    for    cancelation    of 

unlocated,    631. 
School  lands  of  state,  management  and  sale 
of.    646. 
sixteenth  and   thirty-sixth  sections,  656. 
School  of  Industry.     See  tits.   Preston  State 

School;   Whittier   State    School. 
School-teachers,      annuity      and      retirement 
fund    for.    1210-1222. 
classes   into   which   divided,    1212-1218. 
creating   fund    for   teachers,    1210. 
female     teachers,     preventing     discrim- 
ination  against,    i234. 
of    what    it    shall    consist,    1218. 
who    may   participate    in.    1213-1216. 
withdrawals    from,    conditions    of,    1222. 
women     made    eligible     to     educational 
offices,    1234. 
Schools.       See    tits.    California    Polytechnic; 
College  Land  Donations; 

Health.  Public;  High  Schools; 
Normal  Schools;  Parental 

Schools;  Preston  State  School 
of  Industry;  School  Books: 
School-Teachers'  Annuity 

Fund;   Whittier  Reform    School, 
cities    of    fifth    class,     elections    in     for 

issuing    bonds,    1231. 
levying    and     collection     of     taxes     for, 

1236. 
provisions    relating    to    bonds    for,    1236. 
superintendent's  clerk,  appointment  and 
salary,    1235. 
Sea    gulls,    killing    (note),    1237. 
Sea    wall,    San    Francisco.      See    tit.    Water 
Front,    San    Francisco. 
election  upon  question  of,  1240. 
providing    for    issue    and    sale    of    state 

bonds    for.    1237. 
rate    of   interest    on    bonds,    1238. 
sale   of  by   state   treasurer,   1239. 
sinking  fund  to  be  provided   for,   1239. 
state   treasurer   and   controller's   duties, 
1240. 
Secretary  for   superior   courts.      See  tit.    Su- 
perior  Courts. 
Secretary     of    state.       See    tits.     Keeper     of 
Archives;   State  Archives, 
clerks    for    (note).    1242. 
Seduction    (note),    1242. 

Senatorial  districts,  dividing  state  into,  667. 
Senatorial  districts    (state).     See  tit.  Legis- 
lature. 
Serial    bonds.      See   tits.    Street  Law,   Bonds; 

Street    Improvement    Act. 
Sewer   districts,   ad.iacent   to   municipal   cor- 
porations,   971. 
Sewers.      See    tits.    Municipal    Corporations; 

Sanitary    Districts. 
Shad.      See    tit.    Fish    and    Game. 
Shade    trees,    assessment   and   contracts    for, 
979-982. 


1518 


INDKX. 


Shade    trees — Continued. 

planting  of  by  cities  and  counties,   979- 

983. 
streets,    for    planting    and    maintaining 
along  streets,  1423. 
Shasta    County,     superior    judges,     appoint- 
ment  of,    1243. 
Shasta,    town.      See    tit.    Municipal    Corpora- 
tions. 
Sheep.      See    tits.    Animals;    Dogs;    License 
Tax;     Quarantine;    Sheep    Com- 
missioner;   Sheep   Herding, 
grazing,    etc.,    license    tax    upon    prohib- 
ited,   695. 
herding    (note).    1243. 
powers   of   supervisors   as   to,    200-202. 
to    prevent    disease    among,    26. 
Sheep  and  goats.      See  tit.  Dogs. 
Sheep  inspector,  appointment  and  duties  of. 

26. 
Sheep-killing   dogs    (note),    21. 
Sheriff.      See    tit.    Fees    and    Salary. 

badges,  authorizing  supervisors  to  sup- 
ply,   1244. 
conveying   insane    (note),    1244. 
county,    general    duties    of    (§  88).    215. 
fees   that   may   be   charged   by,    448. 
Sherman   Island    (note),    1244. 
Signal    bells.      See    tit.    Mining. 
Silk    culture,    establishing    state    board    of, 

1244. 
Sleeping    apartments.      See    tits.    Cubic    Air; 

Lodging-Houses. 
Societies    for    prevention     of    cruelty.       See 
tits.      Animals,      Prevention      of 
Cruelty     to;     Children;     Mutual 
Benefit    Societies. 
Solano    County,    records,    legalizing    certain 

records   of,   1246. 
Soldiers  and  marines.     See  tits.  County  Gov- 
ernment;   License    Taxes;    Ped- 
dlers;      Sailors      and      Soldiers, 
Burial. 
Soldiers,    burial.       See    tits.    Ex-Union    Sol- 
diers;   Sailors   and   Soldiers. 
Soldiers,    ex-Union.      See    tits.    County    Gov- 
ernment;     License      Tax;      Ped- 
dlers;     Sailors      and      Soldiers, 
Burial;     Soldiers'     "Widows    and 
Orphans;     Public     Work;     Vet- 
erans' Home, 
as    peddlers,    license   for,    443. 
Soldiers'      Home.        See      tits.      Intoxicating 
Liquors;    Soldiers'    Widows,    Or- 
phans.   Etc. 
Soldiers'     widows,     orphans,    etc..     provision 
for     building,     furnishing     and 
management  of  home  for,   1247. 
state    board    of    examiners    to    examine 

same,    1248. 
who  entitled  to  aid  at,   1249. 
Sonoma  County.     See  tits.   Fences;  Hunting 
on     Private     Property;     Poultry 
Experiment        Station;         Sheep 
Herding;    Sonoma   Creek;    Sono- 
ma  Town, 
fences   in    (note),    1252. 
transcribing   of  records   of.   1252. 
translation    of    records    of.    1253. 
Sonoma  Creek.      See  tit.   Fish   and  Game. 
Sonoma,    town,    election    at    as    to    sale    of 
pueblo    lands,    1249-1251. 


Sonora    and    Mono    road,    appropriation    for 

work   upon,   1156. 
Sophistication.      See    tit.    Wine. 
Southern  California  Railway.     See  tit.  Rail-' 
roads, 
right    of    way    for    at    asylum    grounds, 
San    Bernardino,    1113. 
Southern    Pacific    R.    R.    Co.,    in    aid    of    act 
of   Congress    granting  lands   to, 
1254. 
Spanisli      titles.       See      tits.     Land      Claims; 

Lands. 
Special    elections.      See    tit.    Elections. 
Sports,   cruel.      See  tit.   Animals,   Cruelty  to. 
Spur  tracks.      See   tit.    Railroads. 
Squirrels    and    gopliers    (note).    1254. 
Stallions,    regulations    for    keeping     (note), 

1254. 
Stanford   University.      See   tit.   Leland   Stan- 
ford Junior  University. 
State   Agricultural    Societies.      See   tits.   Ag- 
ricultural   Districts;    California 
Agricultural    Society, 
appropriation    and    direction    for    build- 
ings,   1256-1259. 
for  management  and  control   of,   1254. 
prohibiting   gambling  upon   grounds   of, 
penalty.    1258. 
State    analyst,     governor    to    appoint    pro- 
fessor   at    State    University    as, 
1259. 
State  archives,   keeper   of,   appointment   and 
duties   of,    1241. 
secretary  of  state,   duties  as   to.   1241. 
State    asylums.      See    tits.    State    Hospitals; 

Insane. 
State  blue  book.      See  tit.   Blue   Book. 
State    board    of    accountancy,    creating    and 

prescribing   duties    of,    1,    2. 
State   board   of   agriculture.      See    tit.    State 

Agricultural    Society. 
State  board  of  dental  examiners,   361. 
reports  to  be  made  by   (§  22),  368. 
State    board    of    examiners,    certain    duties 
(§  13)   Sacramento  drainage  dis- 
trict.  386. 
controller    and     treasurer     of     state     to 

furnish    reports    to,    1262-1264. 
counting  of   state   funds  by,  1263. 
directed  to  sell  old  furniture,  etc.,  1265. 
duties    as    to    soldiers'    widows    and    or- 
phans'   home,    1247. 
duties  in  relation  to  state  forestry  fund, 

1262. 
purchase     of    state     office     supplies    by, 
1260. 
State  board  of  health,  antitoxin  to  be  pro- 
cured   by,    1265. 
attorney  for,   1266. 
hygienic   laboratory   for,    1266. 
pollution  of  ice  or  water,  duties   (note), 
1267. 
State    board     of    pharmacists,     appointment 
and    duties    of     (two    statutes), 
1033.   1038. 
sale   of  drugs  in  rural   districts.   1044. 
State   boards.      See   tit.    Silk   Culture. 
State  boundary,  eastern,  defining  and  estab- 
lishing.   1267. 
State  capitol.     See  tit.  Intoxicating  Liquors, 
employees,    appointment    of    permanent. 

and    fixing   salaries.    1267. 
janitor,    duties   and   salary,    1228. 


INDEX. 


1519 


State     Capitol     commissioners,     appointment 

of    employees    by,    1228. 
State     controller.       See     tits.     Controller     of 

State;   Board   of  Examiners. 
State    dairy    bureau,    duties    in    preventing 

deception  in  butter,  etc,   1273. 
State   debt.     See   tit.  Loan  Commissioners, 
excess  over  appropriations,  1277. 
loan    commissioners    (note),    1269. 
State    depositaries.      See    tits.    State    Funds; 

State    Moneys,    Deposit    of. 
State   engineer    (note),    1277. 
State   flower,    golden   poppy   declared   to   be, 

1277. 
State  funds,   commissions,   officers,   state   in- 
stitutions,  required   to  pay   into 
state   treasury,    1277. 
deposits  in  state  banks  authorized,  1289. 
drainage    fund    transferred    to    general 

fund,    1278. 
governor     to     order     certain     transfers, 
1279. 
State   furnishing   board,    state   board   of   ex- 
aminers   constituted    as.    1260. 
State   geological   survey,    provision   for   pre- 
serving   material    of,    1279. 
State,    gifts    to,    gifts,    bequests,    etc.,    duties 

of   treasurer   as   to,    495. 
State    harbor    commissioners,    authorized    to 
compromise     litigation     involv- 
ing San    Francisco   water   front, 
1280. 
East  Street,  alignment  of  by,   1281. 
false     returns     to,     of     tolls,     penalties, 

1280. 
free  market  to  be  maintained  on  water 

front,    1281. 
insurance   of  state   property  by,    1283. 
land    may    be    condemned    for    terminal 
facilities,    1283. 
State    highway.      See    tit.    Roads   and   High- 
ways. 
Sonora   and  Mono   road.    1156. 
State    hospital,    miners,    to    be    provided    by 

state,    1284. 
State  lands,  right  of  way  over  for  highways, 

1150. 
State    loan    commissioners    (note),    1269. 
State   mineralogist.      See  tit.   State  Analyst. 
State     mining     bureau,     establishment     and 
support    of,    1285. 
governor   to   appoint  mineralogist,    1286. 
members  of  board,  appointment,  duties, 

and   term    of   office,   1286. 
reports   to   be   made   by,    1287. 
statistics  to  be   gathered  by,   1286. 
tax    collector,    duties    with    respect    to, 
1288. 
State     moneys,     deposits,     authorizing     de- 
posits  in   state  banks,    1289. 
State  of  California.     See  tits.  Congressional 
Districts;    Controller    of    State; 
Ferry  Depot;  Index  to  Statutes; 
State   Funds;    State   Debt, 
actions      against,      authorizing      certain 
suits    and    regulating   procedure 
of,    1269. 
gifts    to.      See   tit.    Gifts    to   Public   Use. 
lands,    ceding    to    United    States    juris- 
diction  over   certain.   1273. 
releasing     claim     of     state     to     certain 
lands,    1272. 


suits  concerning  certain  real  prop- 
erty,   1270. 

suits    relating    to    coyote    scalp    bounty, 
1271. 
State    oflice    supplies.      See    State    Board    of 

Examiners,    1260. 
State      officers,      contracts      by,      confirming 
leases    and    contracts    made    by 
state    officers,    1290. 
State    printer,     duties     in     publishing    state 

school    books,    1228. 
State    prisons,    government    of,    clerks,    ap- 
pointment  and  duties   of,   1293. 

compensation  of  officers  and  employees, 
1298. 

contracts  for  supplies  to  be  made,  1294- 
1298. 

conveyances  by  prisoners,  how  to  be 
executed,    1300. 

credits  to   be   given  prisoners,   1293. 

credits  how  to  be  reckoned,   1297. 

crimes    at   prisons,    trials    for,    1300. 

directors,    appointment    and    duties    of, 

1291,  1292. 

discharge  of  prisoners,  rules  governing, 
1293-1296. 

employees  and  officers,  compensation  of, 
1298. 

employees  and  officers,  gifts  by  or  to, 
1299. 

employment  of  prisoners  at  work,  1295- 
1297. 

Folsom,    work    prosecuted   at,    1295. 

gas   and   water,    contracts   for,   1298. 

gifts  by  or  to  convicts  prohibited.  1299. 

governor,   reports   to  by  directors,    1299. 

governor   to    order   release,    1293. 

hair-cutting,  privilege  of  convicts  as 
to,     1296. 

hemp,  California  grown,  to  be  used  for 
bags,    1299. 

information  for  publication  prohibited, 
1296. 

insane  convicts,  restrictions  upon  dis- 
charge  of,    1297. 

insanity  of  convict,  examination  of, 
1296-1301. 

.iute  goods,  manufactured  at  San  Quen- 
tin,    1295-1303. 

moneys  to  be  paid  to  state  treasurer, 
1295. 

prisoners,    conveyances   by,    1300. 

prisoners  may  be  required  to  labor, 
1298. 

reports   of  wardens  and  directors,   1292. 

reports  to  be  made  to  governor,   1299. 

rules  for  conduct  of  prisoners  to  be 
printed,    1296. 

San  Quentin.  reports  as  to  moneys  re- 
ceived   at.    1294. 

supplies,  contracts  for,  1293. 

United  States  courts,  prisoners  sen- 
tenced   by,    1298. 

warden     of.     appointment     and     duties, 

1292.  1293. 

warden    must   reside   at   prison.    1292. 

See  State  Prisons,  Folsom  (note),  1300. 
State    prisons,    insane    hospitals    for,    1301. 

for  erection  of  hispitals  for  insane  con- 
victs, 1301. 

roads,  establishing  rock-crushing  plant 
at   prisons,    1304-1306. 


1520 


INDEX. 


State  prisons — Continued. 

rock-crushing,     for      establishment      of 
rock-crushing    plant,    1304-1306. 
wardens,  to  furnish  sheriffs  with  photo- 
graphs   and    information,    165. 
State  property,   inventories.      See  tit.   Public 

Property. 
State    registrar.      See    tits.    Burial    Permits; 

State   Board   of  Health. 

State  roads.     See  tit.   Roads  and  Highways. 

State  series  of  school  books,   provisions   for 

compiling,       distributing,       etc., 

1224-1227. 

restrictions  upon    distribution   and   sale, 

1225. 
state     printer,     duties    of     in     printing 

series    of,    1228. 
supervisors    of    counties    to    provide    re- 
volving   fund    for,    1226. 
supplemental    act    for    printing,    distri- 
bution,   etc.,    1227. 
State   superintendent.      See    tit.    Schools. 
State    superintendent    of    schools.       See    tit. 
School    Books,    Compiling, 
appointment    and    salary    of    clerk    for, 
1235. 
State    treasurer,    clerk.      See    tit.    Board    of 
Examiners, 
and   see    (note),    1308. 
State    veterinarian.      See    tit.    Animals,    Pro- 
tection   of. 
appointment  and   duties   of,    30,    31. 
duties   respecting   dairies    (§  5),    345. 
same   (§  9),  351. 
State    viticultural     commissions.       See     tits. 
State        Analyst;        Viticultural 
Commission. 
State  warrants,  lost,  provision  for  payment 

of,    1308. 
Statistics.     See  tit.  State  Board  of  Health. 

of   dairy   products    (§8),    350. 
Steam    boilers    in    mines.       See    Coal    Mines 

(§10). 
Steamship  companies.     See  tit.  Immigration. 
Stencils.        See     tits.      Fruits,      Marks     and 

Brands;   Labels. 
Stenographer    for    governor.      See    tit.    Gov- 
ernor. 
Stock  sales,  prohibiting  combinations  to  ob- 
struct sales  of  live  stock,  24. 
Stockton    City,   R.    B.   Lane   lands.      See   tits. 
Mormon      Channel;      Municipal 
Corporations, 
confirming    ordinance    relating    to    pur- 
chase  of   lands,    1309. 
Stockton  State  Hospital,  lands  for,  purchase 

of   additional,   1310. 
Storm    waters.      See    tits.    Roads    and   High- 
ways;   Supervisors,    County. 
Streams,     ferries     on,     when    boundaries    of 

counties,  455. 
Street  improvement.  See  tits.  Bonds;  Serial 
Bonds;  Street  Improvement  Act 
1901;  Street  Law;  Improvement 
(1S85-1905);  Street  Law  of  1903; 
Street  Law,  Opening  and  "Wid- 
ening, 
bonds   for,    1339. 

cities  of  over  forty  thousand  inhabit- 
ants. See  tit.  Street  Law  of 
1903. 


opening  and  widening  streets.  See  tit. 
Street  Laws,  Opening  and  "Wid- 
ening. 
Street  Improvement  Act  of  1901,  for  im- 
provement of  streets,  sewers, 
etc.,  942. 
street    improvement    bonds,     system    of 

serial   bonds,   1339. 
trees     and     hedges,     assessment,     delin- 
quent,   940,   941. 
Street    Law — Improvement    (1885-1905),    ac- 
ceptance   by    city    of    completed 
streets,    1325. 
all  streets,  etc.,  declared  public  streets, 

1311. 
appeals,   decision   of  council  final.  1322. 
appeals    from   action    of   superintendent, 

1322. 
appeals  in  cases  of  serial  bonds,   1340. 
assessments,  collection  of,  1321. 

and     collections     on     proportionate 

parts  of  work,  1323. 
notice,   etc.,   for  sewer  work,  1328. 
where    serial    bonds    are    to    issue, 

1340. 
to    be    made    by    superintendent    of 
streets,    1320. 
award  of  contracts   to  be  posted,   1314. 
bids  for  street   work,   notice  and   action 

upon.    1314. 
bond   of  superintendent,   1326. 

issue   and   sale   of   for   sewer   work, 

1328. 
required  of  contractors,  1315,   1316. 
change  of  grade,  ob.iections  to,  how  and 
when   filed,   1333. 
and    modification     of    grade,     when 

may  be   made,    1331. 
assessment  of  benefits  and  damages, 

and    commissioners    for,    1332. 
assessments,    notices,    etc.,    1333. 
condemnation      proceedings,      1334- 

1336. 
general     provisions     applicable     to, 

1336. 
sales  for  delinquencies,  1333-1336. 
city  council,  meaning  of,   1330. 
city  engineer,    general   duties   of,   1329. 

to   make   diagrams  of  work,   1319. 
"city   treasurer"    defined,    1346. 
contractor    or    assigns    may   sue,    when, 

1322. 
contracts    for    change    of    grade,    1333- 

1335. 
cost  of  entire  work  may  be  paid  by  city, 

when.   1327. 
costs    and    attorney's    fees    allowed    in 

suits,    1323. 
cumulative   remedies   provided,    1324. 
damages    for    injuries,    city    not    liable, 

1326. 
decision    of    council   upon    objections    is 

final,    1314. 
deeds,  in  serial  bond  issues,  1344. 
definition     of     words     "city,"     "munici- 
pality."      "paved,"       "repaved," 
"street,"  and  other  words,  1330. 
"work,"    "improve,"    etc.,    1329. 
diagram,  maps,  warrants,  in  serial  bond 

issiie,    1340. 
different  kinds  of  work  included  in  one 
resolution.   1319. 


INDEX. 


1521 


Street  Law — Continued. 

district    to    be    assessed,    objections    to, 

1313. 
expense    of    work,    how    assessed    upon 

property,    1316-1318. 
general   authority   of   city  council,    1311. 
grading  of   streets,   1318. 
"improvement,"   definition   of,    1329. 
notice  of  hearing  of  appeals,  1322. 
of  intention   to   be  posted,   1311. 
for   hearing  of   objections,   1313. 
of  intention   to   be  published,   1312. 
objections    to    improvement,    how    made, 
1312. 
to  extent  of  'district  to  be  assessed, 
1313. 
opening   and   widening   of   streets,    1353. 
owner,   who  deemed  to  be,  1325. 
owners  of  three  fourths  of  frontage  en- 
titled to   contract,   1315. 
plans    and    specifications    to    be    made, 

1313. 
proceeding,    where    no    objections    filed, 

1313. 
proof  of  publications  and  notices,   what 

sufficient,  1329. 
publications,   in  what  papers,  1329. 
publishing  notice  of  intention,  1312. 
railroad   tracks,   provisions   as   to,    1344- 

1346. 
records  kept  by  superintendent,  as   evi- 
dence,  1325. 
repairs    and    reconstruction    of    portions 

of  streets.  1323,  1324. 
requisites  of  notice  of  intention,   1312. 
resolution     of    intention    must    precede 
work,   1311. 
for    issuance    of    serial    bonds,    con- 
tents of,  1340. 
may  include  more  than  one  class  of 
work,    1319. 
serial  bonds,  contents  of  resolution  for, 
1340. 
for  improvement,   1339. 
form    of,   1340,    1341. 
proceedings    upon    delinquency    of, 
1342. 
sewer  bonds,  issuance  and  sale  of,  1328. 
sewers,     general     provisions     for     con- 
structing,   1327,   1328. 
sewers,    gutters,    manholes,    etc.,    power 

to  construct,  1327. 
special   duties   of   superintendent,   1326. 
statute  of  1883  repealed,  1331. 
street   law,    cities   over   forty   thousand, 

1346. 
superintendents,  deputy  for,  1331. 

duties,    in    matter    of    serial    bonds, 

1340. 
of   streets  to   make   contracts,   1315, 

1316. 
to  keep  public  office,  1326. 
unknown   owners,   assessment  to,   1320. 
warrant    and    diagram    of    assessments, 

1320. 
See    tits.     Streets  —  Cities     Over    Forty 
Thousand;   Street  Law   of  1903; 
Streets,  Opening  and  "Widening 
of. 
Street  Law   of   1903,   appeals   in    condemna- 
tion suits,  1364. 
appropriations  to  be  made  when  tax  in- 
sufficient,   1369. 
Gen.  Laws — 96 


assessments    after    condemnation,     1364. 
authority    given    to    city    council,    1361. 
city  attorney  to  bring  suits  for  condem- 
nation,  1363. 
clerk    to    indorse    receipt    of    objections, 

1362. 
collection    of    improvement    assessment, 

1366. 
condemnation     proceedings,     complaint, 

etc.,  1363,  1364. 
deeds  as  evidence,  1368. 
deeds  to  purchasers  at  delinquent  sales, 

1368. 
definitions  of  words  and  phrases,  1369. 
diagram    of    improvement,    1363-1365. 
judgments  in  condemnation,  when  paid, 

1369. 
notice  of  assessments  to  be  given,  1366. 
objections    to    improvement,    in    writing, 

1362. 
ordinance    directing    condemnation    pro- 
ceedings,   1362,    1363. 
to    improve    must    be    first    adopted, 
1361. 
payments  after   delinquent   notice,    1367. 
proof  of  publications,   how  made,   1370. 
protests,  filing   and   indorsement  of,  1362. 
publication     of     delinquent     assessment, 
1366. 
when  no  newspaper  in  city,  1369. 
recording   of  assessments,    1366. 
redemption  after   sales   for  delinquency, 

1367. 
referees,     appointment     and     duties     of, 

1363. 
sales   for   delinquent   assessments,    1367. 
statutes  not  affected  by  this  act,  1370. 
street    superintendent,    payments    by    of 

assessment    collections,    1368. 
superintendent  must  post  notices,   1362. 

to   levy   assessments,    1364. 
See  tit.   Streets,  Opening  and  Widening 
of. 
Street  Law — ^Opening   and   Widening,    regu- 
lating proceedings    for   opening 
and  widening  of  streets,  1353. 
in   cities    over   forty   thousand,    1346. 
opening,  widening,   etc.    (general),  1353. 
See  tit.  Street  Law. 
Street  railroads.     See  tits.  Franchises;  Mu- 
nicipal Corporations, 
franchises   for   beyond   city  limits,    491. 
none  within  ninety  days  preceding 
elections,    487. 
general   provisions   concerning,   488. 
other   restrictions   upon   franchises,    487. 
Street      superintendent.       See      tits.      Serial 
Bonds;       Street      Improvement; 
Street   Law. 
duties  relating  to  shade  trees,  982. 
Streets    and    squares.      See    tit.    Parks    and 
Boulevards, 
provisions   for   lighting.    953. 
Suisun.    city.      See    tit.    Municipal    Corpora- 
tions. 
Summons,    civil    actions.      See    tit.    Costs    in 

Civil  Actions. 
Sunday.     See  tit.  Day  of  Rest. 
Superintendent  of  schools,  clerk  for,  1235. 

qualifications  for  office  of  (§54),  210. 
Superior   courts,   conferring   powers   of  for- 
mer courts  upon,   343. 


1522 


IIVDBX. 


Superior  courts — Continued. 

records  of  former  courts  transferred  to, 

341. 
secretary   for   certain,    343. 
successors   of   former   courts,    341. 
to    hear    applications    for    licenses    and 

franchises,   208. 
See  tit.  Courts,  Records  of. 
Superior  judges,  duties  of  relating  to  Pres- 
ton and  Whittier  schools,  1483, 
1484,    1487. 
Supervisors.      See   tits.   Supervisors,   County; 
Supervisors  of  CountJ^ 
duties  as  to  distribution  of  state  school 

books,  1226. 
duties   for   preventing-  fires    (§  19),    486. 
must  appoint  inspector   of  weights  and 

measures,  1474. 
powers.      See    tits.     Booms,     Franchises 
For;     Bridges     Over     Navigable 
Streams,  Etc. 
Supervisors,    county.      See    tits.      Balloting 
Machines;    County   Government; 
Bridges;      Ferries;     Franchises; 
Fresno  County;  Holidays;  Kern 
County;       License       Tax;       Nui- 
sances;   Roads    and    Highways; 
Water  Commissioners, 
certain   duties   as    to   drainage   districts, 

taxes    (§  42),    402. 
certain     duties,      drainage     of     swamp- 
lands, 414. 
duties    in    protecting    roads    from    storm 

waters.  1154. 
duties  of  relating  to  tow-paths,  1406. 
Supplies,   state,  state  board  of  examiners  to 

purchase,   1260. 
Supreme    court,    deputy    reporter,     appoint- 
ment and  compensation  of,  1371. 
librarian,    appointment    and    compensa- 
tion of,   341. 
Surety     companies.       See     tits.     Bonds,     Re- 
quired by  Law;  Official  Bonds. 
Surgery.     See  tit.  Medicine,  Practice  of. 
Surveyor,    county.      See    tit.    Fees    and    Sal- 
aries, 
general  duties  of  (§135),  224. 
license  for.     See  tit.  Land  Surveyors. 
Siiscol    Rancho,    quieting    title    to    lands    in 

Napa  County,   1371. 
Sutter    County.      See    tits.    Levee    Districts; 
Swamp-Land  Districts, 
records,    providing    for    transcribing   of, 
1372. 
Sutter's     Fort,     guardian     for,     duties,     etc., 
1374. 
trustees,    appointment    of,    and    acquisi- 
tion of  the  property,  1373. 
Swamp    and    overflowed   lands,    management 
and  sale  of,   639. 
supplemental  act  relating  to,  655. 
Swamp-land     districts,     boundaries     remain 
unchanged     (§  14),     Sacramento 
drainage  district,   384. 
Swamp-land    fund.      See    tit.    Land    Drained 
by   Recession,    Etc. 
See  Lands  of  State — ^Uncovered  by  Re- 
cession or  Drainage,  631. 
Swamp-lands.     See  tit.  Lands,  Swamp. 
Swine,   diseased.      See  tit.   Quarantine. 
Syrup,   adulteration    (note),   1374. 


Tahoe   Lake.      See    tits.    Lake    Bigler;    Lake 

Tahoe;  Roads  and  Highways. 
Tax  suits.     See  tits.  Delinquent  Taxes;  Dis- 
trict Attorney;  Taxation,  Plead- 
ing. 
Taxation.      See    tits.    Collateral    Inheritance; 
Legal  Tender;  License  Tax;  Mu- 
nicipal     Corporations.        Kerr's 
Cyc.  Pol.  Code,  §§  3627-3831. 
authorizing  certain   compensation,    1377. 
collateral  inheritance,  actions  to  recover 

the  tax,   1374. 
fees    for    collection,    abolishing   fees    for 

collecting,.  1377,  1378. 
levy   and    collection    of   school    tax,    ex- 
cept in  cities  of  first  class,  1236. 
license,    corporations,    providing    license 

tax  upon  corporations,  1378. 
migratory   stock,   where   migratory  ani- 
mals to  be  assessed,  1380. 
personal    property,    suits    for    collection, 

1382. 
pleading,    form    of   complaint   in   actions 
for      collection      of      delinquent 
taxes,   1376. 
Political    Code    provisions     (§  3876),    not 

repealed,    1378. 
prohibiting  payments  by  state  to  county 

for,  1378. 
provisions     for     in     cities     of     certain 

classes,   975,   976. 
reassessment,    where    assessment    since 

1879  is  invalid,  1381. 
San    Francisco,    repealing   act    of   legis- 
lature of  1874,  1381. 
system    of,    governor   to   appoint   expert 

for  formulating,  1383. 
validating  certificates  of  tax  sales,  1384. 
Taxes.     See  Collateral  Inheritance  Tax,  138. 
Tehama     County,     authorizing    transcribing 

records  of,  1384. 
Telegraph  lines.     See  tit.  Franchises. 
Telegraph  messages,  regulations  for  secrecy 

(note),   1385. 
Telegraphic  communication  with  Asia,  fran- 
chise for  cable  line,  1385. 
Text-books.     See  tit.   School  Books,  Compil- 
ing. 
Theaters.      See  tit.   Civil   Rights   of  Persons. 
Thistle.  Canada  or  Scotch    (note),   1386. 
Threshing  machines.     See  tits.  Labor  Liens; 

"Wages. 
Tide-land    commissioners,    statute    abolish- 
ing,  622. 
Timber.     See  tit.  Big  Tree  Groves;  Yosemite. 
Tioga  Mine  road.     See  tit.  Roads  and  High- 
ways. 
Titles,    town    sites.       See    tits.    Town    Sites, 
Incorporated        Towns;        Town 
Sites,  Public  Lands. 
Toland   medical   college.     See  University   of 
California,  Medical  Department, 
1456. 
Torrens  land  system,  for  the  certification  of 

land  titles,  1386-1405. 
Town    lots,    titles   to.      See   tits.    Town   Sites, 
Incorporated         Towns;        Town 
Sites,  Public  Lands. 
Township     officers,     fees     and     salaries     of. 
See  tits.  Fees  and  Salaries. 
See   Fees  of  Officers.   1407. 


INDEX. 


1523 


Towns,  unincorporated,  Are  department  for, 

463. 

Town  sites,  incorporated  towns,  titles,  where 

on   government   land,    1407-1413. 

public  lands,  for  acquiring  and  settling 

titles   to    lots,    1413. 

Tow-paths,     construction,     along    navigable 

streams,   1406. 
Trade-marks,  bottles,  etc.,  for  protection  of 
owners    of    boxes,    siphons    and 
kegs,   1419. 
Trading   stamps,    chance   prizes,    prohibiting 

certain  use   of,   1422. 
Trained  nurses,  to  promote  education  of  and 

provide    certificates    for,    1008. 
Training    ship,    establishment    and    mainte- 
nance of  (note),  1423. 
Transportation.      See  commissioner  of,   152. 
Treasurer,  county,   334. 
general  duties  of,  218. 
See  tit.  Fees  and  Salaries. 
Treasurer,  state.     See  tit.  Board  of  Examin- 
ers. 
Tree    and     plant    diseases.       See    tit.     Pear 
Blight. 
See  University  of  California,  Pathology, 
1456. 
Trees.     See  tit.  Municipal  Corporations. 
Trees  and  hedges,  planting  and  maintaining 

along  streets,  1423. 
Trees,  seeds,  plants,  and  vines,  falsely  nam- 
ing a  misdemeanor,    1423. 
providing  for  proper  naming  of,   1423. 
Trespassing  animals.     See  tits.  Animals,  Es- 

tray;  Estray  Animals   (note). 
Tricycles.     See  tits.  Bicycles,  Tricycles;  Li- 
cense Tax;  Motor  Vehicles. 
Trinity   County.      See   tit.    Roads   and   High- 
ways, 
records,  providing  for  transcribing  rec- 
ords  of,   1428. 
Truants.      See    Educational    Rights    of   Chil- 
dren,  125-127. 
"Trust,"    "Company."    "Corporation,"    "Asso- 
ciation," etc.,  use  prohibited,  ex- 
cept  (§  23),   173. 
Trustees,   corporations   as   executor,   trustee, 

etc.,  169. 
Tulare    County.      See    tits.     Fresno;     Water 
Commissioner, 
appointing  of  additional  judge  for,  1428. 
reducing  number  of  judges  for,  1429. 
Tuolumne    River    bridge,    authorizing    con- 
struction of  bridge  at  Modesto, 
1429. 
Undertakers,     certain     duties     of.       See     tit. 

Burial    Permits. 
Underwriters,   flre  patrol    (note),   1430. 
United    States,    authorizing    to    lower    lake 
levels,  619. 
ceding  state  lands  to,  620,  621. 
United  States  currency.     See  tit.  Legal  Ten- 
der. 
Union    Soldiers.       See    tits.    License;    Public 

Service;   Sailors  and  Soldiers. 
Union,    town.      See    tits.    Areata;    Municipal 

Corporations. 
University  of  California,  Affiliated   Colleges 
(note),   1431. 
agricultural  farm,  for  purchase  of  farm 
for  college  of  agriculture.  1431. 


appropriation,     $50,000,     specified     pur- 
poses, 1446. 
college»of  law,  creating  Hastings,  1451. 
consolidating  funds,  making  permanent 

endowment,  1448. 
continuous  appropriation  for,   1446. 
endowment,  proceeds  of  salt-marsh  and 
tide   lands  appropriated,    1435. 
other  endowment,  1443. 
for   additional   support,   and   acquisition 

of  property,  1447. 
for    payment    of    interest    on    bonds    of 

state  held  by  university,  1452. 
forestry,    repealing    acts    of    1885,    1887, 
1450. 
creating     Santa     Monica     Forestry 
Station  (two  acts),  1450. 
forestry      stations,      appropriation      for, 

1450. 
insurance  (note),  1452. 
lands,   concerning  selection   and   sale   of 

university    lands,    1455. 
medical    department,    to    be    known    as 
Toland  medical  department,  456. 
organic  act,  admission  fee  to  university, 
1441. 
affiliation  of  colleges,  1438. 
annual  reports  of  regents,   1443. 
appropriation        endowment,        1443, 

1444. 
appropriation,    $50,000,    special    pur- 
poses,  1446. 
board    of   regents,    appointment,    in- 
corporation,  1439. 
board  of  regents,  to  define  courses, 

1436. 
board  of  regents,  vacancies,   1440. 
board  of  regents,   who  to  be  mem- 
bers of,   1439. 
colleges    of   which   to   be   composed, 

1436. 
degrees  to  be  conferred.  1436. 
design  and  purpose   of,   1436. 
discipline,  regulated  by  faculties  of 

respective  colleges,  1442. 
distribution    of    seeds,    shrubs,    and 

plants.  1442. 
examinations    for    degrees,    annual, 

1438. 
full   course   of  study,    of   what   con- 
sists,  1436. 
geological     collections,     belong     to 

college,    1444. 
honorary   members   of  board  of  re- 
gents, 1439. 
incorporation    of    board    of    regents, 

1439. 
meetings    of    regents,    how    called, 

1444. 
oath    of   office,    not    required   of  re- 
gents,   1440. 
official  name  and  title  of,  1436. 
other  statutes  repealed,  1445. 
president,   authority   and    duties   of, 

1441,   1442. 
president,  compensation  of,  1441. 
rate    of   tuition    to    be    fixed   by   re- 
gents, 1441. 
regents  not  public  officers,  1440. 
regents   to   enact   laws   for   govern- 
ment of  university,  1441. 


1524 


INDEX. 


University   of  California — Continued. 

regents   to    have   control   of   proper- 
ties,   1440. 
regents     to     devise     and     construct 

buildings,   1445. 
repeal   of  former  statutes,   1445. 
reports,  annual,  1443. 
vacancies  in  board  of  regents,   hiow 
filled,    1440. 
pathology,       establishing      pathological 

laboratory,   1456. 
providing    permanent    support    by    tax, 

1449. 
See  tits.  Analysis  of  Foods,  Water,  etc.; 
Mineralogist,        State;        Leland 
Stanford       Junior       University; 
State  Analyst;   State  Geological 
Survey;    Viticulture. 
Vacations,    police.      See    tit.    Police,    Vaca- 
tions. 
Vaccination.     See  tit.  Health,  Public. 
Vallejo,    city.      See    tit.    Municipal    Corpora- 
tions. 
Vegetables,  diseases,  pests.     See  tits.  Horti- 
culture;   University    of   Califor- 
nia. 
Ventilation.     See  tits.  Coal  Mines;  Lodging- 

Houses. 
Veterans'    Home,    Yountville,    acceptance    of 
as   state   institution,   1461. 
appropriation   for,   1460. 
authorizing  exchange  of  lands  by,  1459. 
general     control     and     management     of, 

1463-1465. 
liquors  prohibited,   1467. 
purchase  of  additional  land  for,  1467. 
Veterinarian,  state.     See  tits.  Animals,  Dis- 
eases   of;     License;    Veterinary 
Surgery. 
Veterinary   surgery,   regulating   practice   of, 

1468. 
Vines,    vegetables,    etc.,    disinfection   of   im- 
portations of,  518. 
Vines,     vineyards.       See     tits.     Agriculture; 

Horticulture;  Viticulture. 
Visalia,    city.      See    tit.    Municipal    Corpora- 
tions, 
quieting  and  settling  title  to  town  lots, 
1470. 
Vital  statistics.     See  tits.  Burials  and  Dis- 
interment;       Cemeteries,        and 
note;  State  Board  of  Health. 
Viticultural    commission,    duties    of    regents 

of  university,   1472. 
Viticulture,  appropriation  and  provision  for 
protection  of  viticultural  inter- 
ests.  1471. 
Volunteers,    California.      See    tit.    California 

Volunteers. 
Voting    machines.      See    tit.    Balloting    Ma- 
chines. 
Wages.      See    tits.    Labor    Contracts;    Liens, 
Labor;  Public  Work, 
public    works,    fixing   minimum    rate    of, 
1105. 
Warehouse   receipts,    sale    of   prohibited    for 
goods    stored    in    other    states, 
1473. 
Warehouse  and  wharfinger  receipts    (note), 

1473. 
Warehousemen,    weighers    for.    weighers    to 
be  appointed,  oath  of,  1474. 


weights     used     must     correspond     with 
United  States  standard,  1474. 
Warrants.     See  tits.  School  Land  Warrants; 

State  Warrants. 
Water.     See  tit.   Miner's  Inch. 
Water  companies,  regulating  sales.     See  tit. 

Irrigation. 
Water  ditches  and  flumes,  joint  owners,  ex- 
pense  of  maintaining,   1475. 
Water  front,   San  Francisco,  free  market  to 
be    maintained    on,    1281. 
harbor  commissioners  to  control,  1282. 
regulating  sales  of  perishable  products 

at,  1181. 
San     Francisco     harbor     commissioners' 

duties,   1176. 
seawall  and  thoroughfare  for,  1176-1181. 
Water,    irrigation,    regulating    rental,    sale 

and  distribution  of  water,  601. 
Water  rates,  to  be  uniform   (§6),  986. 

sale  of  excess  by  cities,  989. 
Water  resources,  investigation  of,  for  joint 
investigation,  with  federal  gov- 
ernment,      appropriation       for, 
1475. 
Water  supply,  joint  system  of  by  cities,  987. 
powers  of  city  councils  and  supervisors 

as  to,   985. 
rates   to  be  uniform    (§6),   986. 
sale  of  excess  by,  989. 
Waters.      See    tits.    Artesian    Wells;    Irriga- 
tion;   Miner's    Inch;     Municipal 
Corporations;    Oil    Lands;    Wa- 
ters, Navigable. 
Waters,  minerals,  etc.,  analysis  of.     See  tit. 

State  Analyst. 
Watsonville.      See    tit.    Municipal    Corpora- 
tions. 
Weeds,  eradication  of.     See  tit.  County  Gov- 
ernment, Powers  of  Supervisors, 
powers  of  municipalities  as  to,   979. 
Wharves.     See  tit.   San  Joaquin  River. 
Wheatland,    town.      See   tit.   Municipal   Cor- 
porations. 
"Whitney  Act."     See  tit.  Police  Courts. 
Whittier    State     School.       See    tit.     Preston 
School  of  Industry, 
accounts,   auditing  and   paying,    1487. 
additional    statute   relating   to    commit- 
ments,  1487. 
admission    of    inmates,    regulations    for, 

1480,   1481. 
ages   of   minors   who   may  be  admitted, 

1483. 
applications    for    discharge    of    inmates, 

1486. 
appointment   of  trustees,   1477. 
arms   and   explosives   upon    grounds    of, 

1074. 
commitments  to  by  courts,  1483,  1484. 
conditional  dismissals   from,   1482. 
discharge    of    inmates,    provisions    for, 

1482,   1484. 
dismissals   from,    1482. 

duties  and  powers  of  trustees,  1478-1480. 
escapes,  assisting,   penalties,   1485. 
establishment  of  institution,  1477. 
evil  disposed  persons  excluded,  1074. 
expense    of    keeping,    where    child    has 

property,  1487. 
fees  and  duty  of  sheriffs  upon  commit- 
ments,   148(5. 


INDEX. 


1525 


Whittier  State   School — Continued. 

general   supervision   vested   in   trustees, 

1477. 
girl,   authorized  to   contract  with   other 

institutions  for  care  of,  1488. 
incorrigibles    to    be    returned    to    court, 

1483. 
meetings  of  trustees,  1479. 
parole  of  inmates,  1482. 
penalty  for  taking  liquors  upon  grounds 

of,    1075. 
preventing    evil-disposed    persons    from 

visiting,  1075. 
superintendent,  appointment  and  duties 

of,   1479,   1480. 
supplies,  contracting  for,  1479. 
trustees  of,  a  body  corporate  and  poli- 
tic, 1478. 
vacancies     In     office     of    trustees,     how 

filled,   1477. 
who  may  be  admitted  to,  1480,  1481-1483. 
Wild    animals,     destruction     of.       See     tits. 

Animals       (Stats.       1883,       368); 

County   Government   Act    (§  25) ; 

State,  Actions  Against, 
to  encourage  destruction  of.    See  County 

Government  Act   (§  25),   32. 
"Wilmington.      See    tit.    Municipal    Corpora- 
tions; Pilots,  San  Pedro. 
Wine,    adulteration,     sophistication,     marks 

or    labels    to    be    provided    for 

designating,  1491. 


definitions   of   dry   wine,    fortified    wine, 
pure    wine,    unfermented    wine, 
etc.,   1490. 
penalties   for  deceptions,   1490. 
prohibiting  sophistication  and  adultera- 
tion  of,    1489. 
Witness'  fees.     See  tit.  Fees  of  Officers. 

mileage  and  per  diem  of,  452. 
Woman's    Relief    Corps,    association    (note), 

1493. 
Women.    See  tits.  Females;  Married  Women; 
Prostitution;   Schools, 
importation   of.      See   tit.   Prostitution. 
Woodland,  city.     See  tit.  Municipal  Corpora- 
tions. 
Workmen,   protection  of  in  coal   mines,  134. 
Workshops.      See   tit.    Factories   and   Work- 
shops. 
Writs,     process,     seal.       See    tits.     Counties, 

New;  Process;  Seal. 
Wrongs,    prevention    of    to    children    (note), 

133. 
Yolo  County   (note),  1493. 

Yosemite    Valley.       See    tits.    Mariposa    Big 
Trees;  Parks;  Roads  and  High- 
ways, 
accepting  grant   of  from   United   States, 

1493. 
Big  Tree  Grove  at,   77. 
injuries  and  trespasses  prohibited,   1493. 
regranting  of  to  United  States,   1494. 
Yuba  City.     See  tit.  Municipal  Corporations. 
Yuba    County,    records,    providing    for    tran- 
scribing of,   1494,  1495. 


SAN   FRANCISCO,   CAL. 

C.    A.    MURDOCK    &    COMPANY,    PRINTERS 

1905 


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UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


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